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1999-293o S \Our Documcnts\Ordmances\99\Water Rate Amend to Schedule WW2 Eft 10-98 Ord doc ORDINANCE NO qq"' c,50 q~ 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 wNeh 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 Tnmty Regional Water District rate, being expressed m Schedule WW2, which was attached to and was a part of said Ordmance, 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 m establishing the rate contained in Schedule WW2, and m the interests of fairness and comity with the UTRWD, a regional water supplier m 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 rinsed which has resulted m 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 light of the facts and clmumstances, 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 prowded 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 apphes to pertains solely to the eight (8) month period beginning October 1, 1998 and ending May 31, 1999, and WHEREAS, the Council deems ~t to be in the public ~nterest 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 prowded for in Chapter 26 of the Code of Or&nantes of the C~ty of Denton, Texas, ~n Or&nance No 98-263, is hereby amended, as recited m the preamble to th~s ordinance, and as set forth more particularly ~n that certmn amended Schedule WW2 attached hereto and incorporated herewith by reference SECTION II That all of the declarations and findings contmned in the preamble to th~s ordinance are made a part hereof and shall be fully effective as a part of the ordmned subject matter of this ordinance SECTION III, That all ordinances or parts of ordinances ~n force when the prows~ons of thru ordinance became effective which are anconsistent or ~n conflmt w~th the terms or prows~ons contmned ~n 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 th~s amendment, and ~s 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 th~s 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 th~s ordinance, or apphcat~on thereof to any person or mrcumstances ~s held ~nval~d by any court of competent junsdmt~on, such holding shall not affect the vahday of the remalmng portions of th~s ordinance, and the Cay Council of the C~ty of Denton, Texas hereby declares would have enacted such remmmng portions despite any such ~nval~dlty SECTION VI That the effective date of amendment to Schedule WW2 as here~n amended and adopted, is hereby retroacttvely ratffied and approved, as permitted by law, and the rate set forth in smd amendment shall be effective, and shall only apply to the eight (8) month period of t~me beglnmng on October 1, 1998 and en&ng on May 31, 1999, and a copy of smd Schedule WW2, as amended hereby, shall be mmntmned on file ~n the office of the C~ty Secretary SECTION VII That except as provided in Section VI herein, th~s or&nance shall become effective ~mmedlately upon 1ts passage and approval PASSED AND APPROVED thls the 7~'-/~ dayof ~_.ZT~ ,1999 JA~I~I~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 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 Tnmty Regional Water District (UTRWD) Not apphcable for temporary, standby, or supplementary service The rate contmned in th~s Amended Schedule WW2 shall be effective, and shall only apply to the eight (8) month period of time beglnmng 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) (2) Water Volume Rate (3) *Subscribed Water Demand Rate *Annual Water Demand AdJustments $176 00 $ 0 26 per 1,000 gallons $ 355,236 00 per MGD (Annual) 12 (Paid Monthly) As detenmned m the last month of each fiscal year (September), the annual water demand adjustment charges, ff 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 MINIMUMBILLING The minunum monthly bfllmg shall be the sum of the monthly facdity 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 vall be adjusted up lfen&ng the fiscal year, the actual peak demand reqmred during the fiscal year, as established by the highest rate of flow controller setting for any one day dunng the fiscal year, ~s greater than the peak demand subscribed and billed dunng 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 actuaLpeak demand level using the subscribed demand rate BILL PAYMENT DELINOUENCY 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 prod w~th~n twenty (20) calendar days of the date a bill for service is rendered There shall be a ten (10%) percent per annum ~nterest charge on the amount due payable to the City, from the date when due until prod, ~f not prod w~thln twenty (20) calendar days of the date a bill for senace ~s rendered