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ORD 2009-44 - Water Rate Reduction 07-07-2009ORDINANCE NO. 2009- A� AN ORDINANCE AMENDING ORDINANCE 2003 -12 OF THE CITY OF HUNTSVILLE, TEXAS, BY DECREASING THE BASE RATE AMOUNTS CHARGED FOR RESIDENTIAL WATER SERVICE AND SEWER SERVICE; MAKING OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Chapter 46, Article H, Section 46 -46 of the Huntsville Code of Ordinances provides that the monthly water service charge for residential and commercial (excepting contractual customers) users shall be charged based upon the size of the meter and the amount of water consumed by the user and that such charge shall be as established by ordinance from time to time; WHEREAS, Chapter 46, Article 11, Section 46- 72(b)(2) of the Huntsville Code of Ordinances provides for the calculation of the commercial and residential monthly sewer service charge. WHEREAS, Ordinance 2003 -12, passed and approved on or about September 16, 2003 and subsequently amended December 14, 2004; February 1, 2005; and April 1, 2008, set the Minimum Monthly Charge for water to both residential and commercial users and for sewer charges to residential users; WHEREAS, the City now wishes to amend Ordinance 2003 -12 by amending the minimum monthly charge for water and sewer service for residential users; and WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting the same at the place reserved and designated for notices of public meetings and public activities and prior to the adoption of this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted, ratified, and confirmed. SECTION 2: Section 1, Section 30.01.07 entitled "Monthly charges for water" of Ordinance 2003 -12, is hereby amended as follows:_ "Section 1: Section 46 -46 Municipal Code Monthly charges for water. A. Except for contractual customers, residential and commercial users supplied with water service bythe city shall be charged a monthly water service charge based upon the size of the meter and the amount of water consumed by the user and applied to the following rate schedule: Single Family Residential Gallons of Water Used per Month First 3,000 minimum monthly charge Between 3,000 - 12,999, per 1,000 gallons All over 13,000, per 1,000 gallons Commercial - Gallons of Water Used per Month First 3,000 minimum monthly charge All over 3,000, per 1,000 gallons Page 1 of Amount or Rate Charged See Meter Size Table below $2.25 $2.64 Amount or Rate Charged See Meter Size Table below $2.64 Rates for residential and commercial customers located outside the City limits are calculated in the same manner as rates developed for customers located within the City limits; however; a multiplier of 1.25 shall be applied to the two cost components above." SECTION 3: Section 2, Section 30.02.01 entitled "Monthly charges for sewer" of Ordinances 2003 -12 is hereby amended as follows by replacing only subsection (1) of Section B with the following: Section 2: Section 46 -72 Municipal Code - Charges for sewer. (b) Monthly Fee Schedule. (2) Residential rate schedule. a. Individually metered single residential units. Each individually metered residential dwelling unit supplied with sewer service by the City shall be charged for and owe each month a wastewater service charge and a volume charge based upon average water consumed during the months of November, December, January, and February of, rounded to the nearest 100 gallons, as determined by the meter reading, applied to the rate schedule. The monthly billing will be determined on this average. Customers moving onto an existing single family residential unit shall be billed at eighty percent (80 %) of current monthly consumption up to a maximum monthly amount for 10,000 gallons until the winter month history is established. New residential units shall be billed at 80% of current monthly consumption up to a maximum monthly amount for 10,000 gallons until the winter month history is established. b. Jointly metered residential units. Each multifamily dwelling unit (including apartments, duplexes, mobile home parks, etc.) supplied with sewer service by the City shall be charged for each meter (regardless of meter size) a monthly sewer service charge and a volume charge based upon the amount of water consumed by the user and applied to the rate schedule as established from time to time by ordinance. Page 2 of 3 Gallons of Water Used per Month Amount or Rate Charged first 2,000 minimum monthly charge $13.00 all over 2,000, per 1,000 gallons $ 4.87 SECTION 4: All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 6: This Ordinance shall take effect immediately from and after the date of its passage, but the increased fees adopted by this Ordinance shall become effective for bills mailed out after September 1, 2009. PASSED AND APPROVED this the -s' day of rT J 2009, ATTEST: APP AS TO FORM: Kristin Edwards, Deputy City Secretary Len chneider, City Attorney Page 3 of 3