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14-Sewer and Tap FeesCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 05/18/09 Shawn Napier, P.E. Director of Council Date: Engineering Engineering, Planning & 14. 05/26/09 Development RECOMMENDED MOTION: Move to approve an ordinance providing that Section 34-4(a) of the Code of Ordinances of the City of Paris be amended by revising the water and sewer and tap fees. POLICY ISSUE(S): Ordinance; Fiscal responsibility BACKGROUND: Sec. 34-4 of the Code of Ordinances sets the standard fee for water and sewer tap and has not been adjusted since May 18, 2005. Since the last adjustment four years ago the cost of materials, equipment, and labor have increased to the point that the City is now providing these services at a loss. Until recently we have been able to absorb some of the increases because we switched from using expensive copper service line to the more cost effective poly line. The current and proposed tap fees taps are listed below, together with the fees charged by Lamar County Water Supply District and the City of Reno (requested by City Council at the May 26 meeting): Paris Paris LCWSD Reno Standard Tap Current Proposed Revised 10/1/08 Revised 1/12/04 Water- In or Across Hard-Surfaced Street $1,150 $1,380 $1,475/$1,975* $450 Water - Unimproved Street or Dirt $620 $730 $1,075 $450 Sewer - In or Across Hard-Surfaced Street $1,020 $1,280 N/A $350 Sewer - Unimproved Street or Dirt $560 $640 N/A $350 *Lamar County Water Supply District charges $1,075 for the base charge and adds on $400 for a county road bore or $900 for a TxDOT bore. The City of Reno's price list was last updated 1-12-04 and they have indicated that they will be updating the price list within the next six months. BOARD/COMMISSION RECOMMENDATION: N/A EXHIBITS: Ordinance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance y'TD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administtation Z City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fite ❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities City of Paris n ~00041 Revised 2/04/08 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 34-4(a), APPLICATION AND FEE FOR WATER AND SEWER TAPS, OF CHAPTER 34 OF THE CODE OF ORDINANCES, OF THE CITY OF PARIS, TEXAS TO REVISE AND UPDATE THE WATER AND SEWER TAP FEES; MAKING OTHER FINDINGS AND PROVISIOIVS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDIIVG AN EFFECTIVE DATE. WHEREAS, the rates charged for water and sewer taps in the City of Paris were last adjusted in 2005. WHEREAS, material costs, equipment costs and labor costs have increased since May, 2005, and the City needs to amend its water and sewer tap rates to keep up with these costs; and, WHEREAS, the City Council deems it appropriate to assess a portion of those costs on the parties seeking such water and sewer connections pursuant to said Code of Ordinances; and, WHEREAS, the Texas Local Government Code, the City Charter, and the Constitution and laws of the State of Texas authorize the City to assess appropriate water and sewer tap fees incident to providing such services within the City. NOW, THEREFORE, BE IT ORDAIIVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Section 34-4(a) of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended to read as follows: "Sec. 34-4. Application and fee for water and sewer taps. (a) Each person desiring a water or sewer tap within the City shall make application to the department of community development and shall pay a fee for each such tap as follows: (1) Each standard water tap in or across a hard-surfaced street, one thousand three hundred eight dollars ($1,380.00). (2) Each standard sewer tap in or across a hard-surfaced street, one thousand two hundred eight dollars ($1,280.00). a UO(;f)4", (3) Each standard water tap in or across an unimproved or dirt street, or in an area not in a public street, seven hundred thirty dollars ($730.00). (4) Each standard sewer tap in or across an unimproved or dirt street, or in an area not in a public street, six hundred forty dollars ($640.00)." Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipaliry under any section or provisions of any ordinance at the time of passage of this ordinance. Section S. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidiry of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 7. Introduced and read on first reading on May 26, 2009, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on June 8, 2009, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. Section 8. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. PASSED AND ADOPTED on second and final reading this 8th day of June, 2009. Jesse James Freelen, Mayor r ti 0 0 el 4 v ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney