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22-1726DocuSign Envelope ID: 8B59DEA0-875348C3-8B7E-9DA40F756F2C ORDINANCE NO. 22-1726 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITYMANAGER OR DESIGNEE TO FULFILL THE RESPONSIBILITIES OF THE CITY AS ANOPERATOR OF THE PECAN CREEK WATER RECLAMATION PLANT AND THOSE PURSUANT TO TEXAS WATER CODE 26.0291; INCLUDING PAYING ANY AMOUNTS REQUIRED BY THE PROTOCALS AND FUNDED IN THE ANNUAL BUDGET;DECLAR[NG AN EFFECTIVE DATE. WHEREAS, the City of Denton (“City”) operates the Pecan Creek Water Reclamation Plant within the city and holds a wastewater discharge permits for such operation; therefore, the City is required to pay such annual water quality fee imposed by the TCEQ; and WHEREAS, Section 26.0291 of the Texas Water Code requires each wastewater discharge permit holder to pay a water quality fee to the Texas Commission on Environmental Quality (“TCEQ”) in order for the State to cover costs of inspections and enforcement of the Water Code with respect to wastewater facilities (“Water Quality Fee”); and WHEREAS, City budgets annually for costs and fees associated with the obligations set forth in the TCEQ Water Quality Fee; and WHEREAS, the City Manager recommends that the City Council approve and authorize the payment of these required fees to continue wastewater plant operation; WHEREAS, the City Council has determined that it is in the public interest to authorize the City Manager to make payments required for the annual TCEQ Water Quality Fee as required by Section 26.0291 of the Texas Water Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS SECTION 1. The recitals contained in the preamble of this ordinance are true and correct and are incorporated herein by reference as findings of the City Council. SECTION 2. The City Council approves and authorizes the City Manager or designee to make payments for the required annual TCEQ Water Quality Fee where funds are available in the budget without further authority, guidance, or direction from the City Council, and is further authorized to carry out the rights, duties, obligations, and responsibilities of the City under said TCEQ Water Quality Fee upon receipt of the annual invoice. SECTION 3. The City Council approves and authorizes the City Manager, or designee, to take such additional actions as the City Manager or designee determines to be necessary and advisable to continue to effectuate the purpose, terms and conditions of the TCEQ Water QualityFee SECTION 4. This ordinance shall become effective immediately upon its passage and approval The motion to approve this ordinance was made bby eT)fI and DocuSign Envelope ID: 8B59DEA0-875348C3-8B7E-9DA40F756F2C „,,nd,d by Briar\ bkthe following vote b - a] : Aye V L/ _, the ordinance was passed and approved by Abstain AbsentNay Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At LargePlace 6: PASSED AND APPROVED thi, th, aDv d,y SeA+a„kM , 2022 V/ 1/ V/ b/ b/ of GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY b\\\1111111// BY:.a£g4';- --Ah APPROVED AS TO LEGAL FORM: MACK Wb:IIA.M) rTTV ATTORNEY,„. I ”#„„”.@LI 1 ' –\F6B2FgEIBC01458