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10-Water & Sewer FundCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Otiginating Department: Presented By: Agenda Item No.: 06/02/09 Council Date: Finance Gene Anderson 10. 06/08/09 RECOMMENDED MOTION: Not an action item - first reading. POLICY ISSUE(S): Fiscal Management Contracts with several large industrial customers require a cost of service study to be conducted each year. Rates for these industries are determined by the study and go into effect automatically per the contracts. Residential and commercial rates are also examined in the study and are given to the City Council for approval. The study points out that the City needs to continue with Council's phased plan to replenish the Water & Sewer Fund operating reserves which are about $620,000 below the 45 day minimum reserve and $1,013,400 below the more comfortable 60 day reserve. Adequate reserves are critical for the City since 5 customers provide 45% of the utility's rate revenue. A loss or decline in consumption of one these customers could result in a significant financial strain for the City. Also, the sewer portion of the fund is not currently self-sufficient and additional funds are also needed for capital improvements. The study recommends a 1% increase in residential and commercial water rates and a 4% increase in residential and commercial wastewater rates. A copy of the study accompanies the packet, and Darrell Cline with J. Stowe & Co. will be at the meeting to review the study and answer questions. BOARD/ COMMISSION RECOMMENDATION: NONE EXHIBITS: Rate Study and ordinance. ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $25,000 estimated ❑ Department Report ❑ Resolution Budgeted Amt. $25,000 ❑ Presentation ~ Ordinance y'I'D Actual $22,025 ~ Public Hearing ❑ Other Acct. Name Consultants Acct. Number 10-0318-81-00 FiscAL NoTES: None REVIEWED AND APPROVED BY: N Administration N City Clerk ❑ Community Development ❑ EMS/IT n Finance ❑ Fire ❑ Municipal Court E Legal ❑ Libraty ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris a U0002 J` Revised 2/04/08 DRAFT attorney\ordwork\current\Water & Sewer Rate Ord 2009 ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 34-22(b), WATER RATES, AND SECTION 34-23(a), (b) AND (c), SEWER RATES, TO REFLECT CHANGES RECOMMENDED BY THE 2009 COST OF SERVICES RATE STUDY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 8th day of June, 2009, the City Council of the City of Paris, Texas, was presented with the annual Cost of Service Study for Water and Sewer Services prepared by R. W. Beck, Inc., with certain findings and recommendations for proposed water and sewer rate increases; and, WHEREAS, the Cost of Service Study shows a need to increase City water rates one percent (1%) and the need to increase the sanitary sewer rate four percent (4%) for City water and sewer users; and, WHEREAS, the City Council has determined that it is in the best interest of the City of Paris and its citizens to implement the proposed rates for water and sewer services by amending portions of Chapter 34, Water, Sewer, and Sewage Disposal, of the City Code of Ordinances. NOW THEREFORE, BE IT ORDAINED 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 Subsection (b) of Section 34-22 of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended to read in its entirery as follows: "Sec. 34-22. Water rates. (a) Charges for water furnished by the City under contract shall be as stated in the contract. (b) Charges for water furnished by the City, measured in cubic feet, are established as follows: based upon customer class and meter size and which incorporates a base monthly cost which includes the cost for the first increment of water, and a cost per one hundred (100) cubic feet or portion of one hundred (100) cubic feet used above the first increment: Page 1 of 4 w U~11i1)~6~ RESIDENTIAL CLASS METER SIZE (lnches) BASE COST FOR FIRST INCREMENT (In Cubic Feet) SERVICE IN EXCESS OF BASE (For Each Additional 100 Cubic Feet) 3/4 or less 1 and Larger METER SIZE (/nches) 3/4 or less 1 through 2 3 4 6 8 and larger $ 8.90 for first 200 $ 43.39 for first 1,000 $ 3.01 $ 3.01 COMMERCIAL/INDUSTRIAL CLASS BASE COST FOR FIRST INCREMENT (!n Cubic Feet) SERVICE IN EXCESS OF BASE (For Each Additiona1100 Cubic Feet) $ 10.85 for first 200 $ 43.39 for first 1,000 $ 155.76 for first 3,000 $2,559.00 for first 100,000 $3,838.00 for first 150,000 $5,118.00 for first 200,000 $ 3.01 $ 2.46 $ 2.46 $ 2.46 $ 2.46 $ 2.46" Section 3. That Subsections (a), (b) and (c) of Section 34-23 of the Code of Ordinances of the City of Paris, Texas, be, and the same are hereby amended to read in its entirety as follows: "Sec. 34-23. Sewer rates - For customers using City water. (a) Charges for sewer service furnished by the City to residential, commercial and industrial customers shall be based upon customer class and meter size, incorporating a base monthly cost for the first increment of usage and a cost for each additional one hundred (100) cubic feet or portion of one hundred (100) cubic feet above the first increment, as follows: RESIDENTIAL CLASS BASE COST FOR FIRST METER SIZE INCREMENT (Inches) ln Cubic Feet) 3/4 or less $ 10.22 for first 200 1 and Larger $47.69 for first 1000 Page 2 of 4 SERVICE IN EXCESS OF BASE (For Each Additional 100 Cubic Feet) $ 4.14 $ 4.14 ~ J000P COMMERCIAL/INDUSTRIAL CLASS METER SIZE (Ittches) BASE COST FOR FIRST INCREMENT (/n Cubic Feet) SERVICE IN EXCESS OF BASE (For Each Additional 100 Cubic Feet) 3/4 or less 1 through 2 Larger than 2 $ 13.62 for first 200 $ 47.69 for first 1000 $ 96.48 for first 2,000 $ 4.31 $ 4.31 $ 4.31 (b) Monthly residential customers' wastewater volume for purposes of assessing the sewer charge shall be based upon one hundred percent (100%) of the actual metered potable water consumption averaged for the preceding November, January, and February consumption, which shall be known as the "flat winter average." Customers that do not have recorded water usage for each of the winter average months will have their winter average calculated based on the residential class average of 600 cubic feet. Monthly commercial and industrial customers' wastewater volume shall be based upon one hundred (100) percent of the actual metered potable water consumption, except those customers whose wastewater is metered, and their volume shall be based upon one hundred (100) percent of the metered wastewater. The former shall be billed for one hundred (100) percent of the metered potable water and the latter shall be billed for one hundred (100) percent of the metered wastewater. (c) Users desiring to discharge sewage into the City's sewerage system, the strength of which sewage exceeds two hundred fifty (250) parts per million biochemical oxygen demand (BOD), two hundred fifty (250) parts per million of total suspended solids, (TSS), or thirty (30) parts per million of ammonia (NHs), and which is acceptable under article III of this chapter, may do so upon written permission of the city and by paying a monthly treatment charge in the amount of ninety-five cents ($0.95) per pound of biochemical oxygen demand (BOD) in excess of the allowable biochemical oxygen demand (BOD); fifty-one cents ($0.51) per pound of total suspended solids (TSS) in excess of the allowable total suspended solids (TSS); and forty-four cents ($0.44) per pound of ammonia (NHs ) in excess of the allowable ammonia strength. The city shall make the necessary tests of the user's sewage strength to determine this charge. The charge prescribed by this subsection shall be in addition to the charges prescribed in subsection (a) hereof." Section 4. That the water and sewer rates established in Sections 2 and 3 above shall be reflected in water and sewer billings beginning July 1, 2009. Page 3 of 4 - 0 0 0 0 2 '1 Section 5. 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 6. 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 municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 7. 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 invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 8. Any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor and, upon conviction, shall be fined in accordance with Section 1-6 of the Code of Ordinances and each and every day's continuance of any violation of the above-enumerated section(s) shall constitute and be deemed a separate offense. Section 9. Introduced and read on first reading on June 8, 2009, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on June 22, 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 10. 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 22nd day of June, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Kent McIlyar, City Attorney Page 4 of 4 A «000PJ