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Home My WebLink About1999-293d S \Our Documents\Ordinances\99\WaterRate Amend to Schedule WW2 Eff 10-98 Ord doe ORDINANCE NO 99- 93 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO 98-263 FOR WATER SERVICE WHICH AMENDS THE WHOLESALE TREATED WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT ("UTRWD") SCHEDULE WW2, ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE, PROVIDING FOR A REPEALER, PROVIDING FOR THE EXPENDITURE OF FUNDS, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR RETROACTIVE EFFECT OF THE AMENDMENT RESPECTING SCHEDULE (WW2), AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the 8th day of September, 1998, the Council passed and approved Ordinance No 98-263 which established the City's water rates for the fiscal year beginning October 1, 1998, and among those water rates adopted was the Wholesale Treated Water Service To Upper Trinity Regional Water District rate, being expressed in Schedule WW2, which was attached to and was a part of said Ordinance, and which Schedule WW2, provided for the applicable rate respecting all sales of treated water from the City to the UTRWD, and WHEREAS, UTRWD thereafter expressed its displeasure to the City respecting the wholesale water rate methodology utilized by the City in establishing the rate contained in Schedule WW2, and in the interests of fairness and comity with the UTRWD, a regional water supplier in this region, the City engaged an outside utility rate consultant to conduct a water and wastewater rate study, with special attention to be given to the wholesale water and wastewater cost of service The rate design was completed in December 1998 Several issues have been raised which has resulted in extended discussions and negotiations between representatives of the Denton Municipal Utilities and UTRWD, and WHEREAS, City staff, after careful consideration, recommends to the Council that in light of the facts and circumstances, as well as the results of the above rate design study, that the rate expressed in Schedule WW2 should be amended, effective as of October 1, 1998, and WHEREAS, because of the rate amendment to Schedule WW2, which involves a rate change, necessary adjustments must be made, and UTRWD will be entitled to a credit, which will be provided to UTRWD in the form of a credit on its first water bill issued by the City following the date that this Ordinance is passed and approved by the Council The time period which this amendment applies to pertains solely to the eight (8) month period beginning October 1, 1998 and ending May 31, 1999, and WHEREAS, the Council deems it to be in the public interest to so amend Schedule WW2, which rate methodology contained in the amended rate schedule provides the UTRWD with credit for their raw water purchases from the City, and as provided for in the attached "Schedule WW2 (Effective 10/01/98)", NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Schedule of Rates for water service as provided for in Chapter 26 of the Code of Ordinances of the City of Denton, Texas, in Ordinance No 98-263, is hereby amended, as recited in the preamble to this ordinance, and as set forth more particularly in that certain amended Schedule WW2 attached hereto and incorporated herewith by reference SECTION II That all of the declarations and findings contained in the preamble to this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance SECTION III, That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms or provisions contained in the attached amended Schedule WW2 hereby enacted by this ordinance, are hereby repealed to the extent of any such conflict SECTION IV That the Council hereby authorizes the Assistant City Manager for Utilities to determine the amount of the credit to UTRWD resulting from this amendment, and is authorized to expend funds in order to provide the appropriate credit to UTRWD on its first water bill issued after the date that the Council has passed and approved this Ordinance, all pursuant to the terms of amended Schedule WW2, attached hereto, and adopted by this ordinance SECTION V That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity SECTION VI That the effective date of amendment to Schedule WW2 as herein amended and adopted, is hereby retroactively ratified and approved, as permitted by law, and the rate set forth in said amendment shall be effective, and shall only apply to the eight (8) month period of time beginning on October 1, 1998 and ending on May 31, 1999, and a copy of said Schedule WW2, as amended hereby, shall be maintained on file in the office of the City Secretary SSECTION VII That except as provided in Section VI herein, this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the %h day of Diyl 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By &gA/Y""C AMENDED SCHEDULE WW2 WHOLESALE TREATED WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT (Effective 10/1/98) APPLICATION Applicable to all treated water sales to the Upper Trinity Regional Water District (UTRWD) Not applicable for temporary, standby, or supplementary service The rate contained in this Amended Schedule WW2 shall be effective, and shall only apply to the eight (8) month period of time beginning on October 1, 1998 and ending on May 31, 1999 MONTHLY CHARGES The monthly charge for service shall be expressed as a facility charge, a volume price per 1,000 gallons, and a demand price per million gallons per day (MGD) of demand (1) Facility Charge (30 days) $ 176 00 (2) Water Volume Rate $ 0 26 per 1,000 gallons (3) *Subscribed Water Demand Rate $ 355,236 00 per MGD (Annual) 12 (Paid Monthly) *Annual Water Demand Adjustments As determined in the last month of each fiscal year (September), the annual water demand adjustment charges, if applicable, shall be included on the monthly billing for the following month of October Water demand adjustment charges shall be billed and payable in full, in accordance with the payment provisions provided for below MINIMUM BILLING The minimum monthly billing shall be the sum of the monthly facility charge plus the monthly subscribed demand rate charge WATER DEMAND The demand will be billed on a monthly basis at the Subscribed Water Demand Rate for the subscribed MGD water demand level Annual water demand charges will be adjusted up if ending the fiscal year, the actual peak demand required during the fiscal year, as established by the highest rate of flow controller setting for any one day during the fiscal year, is greater than the peak demand subscribed and billed during the fiscal year If the actual peak demand has a variance greater than 1 MGD from the subscribed demand, the annual water demand charge will be adjusted up and billed at the actual peak demand level using the subscribed demand rate BILL PAYMENT DELINQUENCY Denton shall render bills on the tenth (10th) day of each month Bills shall be due and payable when rendered Bills are considered delinquent if not paid within twenty (20) calendar days of the date a bill for service is rendered There shall be a ten (10%) percent per annum interest charge on the amount due payable to the City, from the date when due until paid, if not paid within twenty (20) calendar days of the date a bill for service is rendered