HomeMy WebLinkAboutOrd 650 Amending Chapter 94 adding winter average and water and sewer wholesale rate pass-through provisionTOWN OF WESTLAKE
ORDINANCE NO. 650
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 94 UTILITIES,
ARTICLE II, WATER; WASTEWATER, SECTION 94-31, RATES OF CODE OF
ORDINANCES ADDING WINTER AVERAGE RATES PROVISION AND A PASS-
THROUGH PROVISION FOR WHOLESALE WATER AND WASTEWATER RATES;
PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town Council of the Town of Westlake finds the provision of water
and wastewater services throughout the Town of Westlake, Texas, (the "Town") is of vital
importance to the health, safety and welfare of the citizens of the Town; and
WHEREAS, upon the recommendation of the Public Works Department, the Town
Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the
town and Its citizens that the amendments to the Water and Wastewater rates should be
approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That Ordinance No. 604 is hereby amended to adopt the Water and
Wastewater Rate Schedule and the Water and Sewer Tap Fee Schedule, as shown on
Exhibit "A" hereto, which said exhibit is hereby incorporated in its entirety as if fully set
forth.
SECTION 3: That Chapter 94, "Utilities" Article II "Water; Wastewater", Section 94-31
of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows.
The town's water and wastewater rates, as now or hereafter established by ordinance, are
hereby made a part of this section as if set out at length in this section.
(a) Winter average rates That the monthly volume wastewater charge for single-family
residential customers shall be based on the individual customer's monthly water use
during the previous three winter months of December, January, and February. The
volumes used to compute the monthly volume wastewater charge are based on the
amount of water used by the single-family residential customer as measured by the
customer's water meter. The previous three -winter month's average shall determine
Ordinance 650
Page 1 of 3
the monthly volume wastewater charge, which will remain the same each month, for
the next twelve-month period beginning with the customer's April billing. Where no
entire previous three -winter month's average is on record, the Town Manager or his
designee, shall estimate a volume to be used for said monthly volume wastewater
charge. The monthly wastewater charge shall be adjusted annually, based on the
average usage during the most previous three winter months, or on any changes
made to the monthly sanitary sewer rates or volume wastewater charges. The
monthly volume charge for non single-family residential and non-residential
customers will be based on the total water used during each month as measured by
the customer's water meter. However, if a commercial or industrial customer can
show, to the satisfaction of the Town Manager or his designee, that a significant
portion of the metered water usage does not enter the sanitary sewer, the customer
may be charged for only that volume entering the sanitary sewer system, as may be
determined by a calculation method approved by the Town Manager or his designee.
(b) Pass-through of water supply cost. Changes in the town's cost of water and waste
water provided by the town's suppliers will be adjusted to compensate for the
additional effect to the town utility fund and will be passed through to the town's
customers. The changes will be equal to the town's cost changes as to amount and
timing. Only changes in the cost of water purchases and sewer treatment will be
passed through. The charges by the town's suppliers of purchased water and sewer
treatment will be maintained by the Public Works Department and will be made
available to utility customers upon request
SECTION 4: That all provisions of this ordinance shall remain in full force and effect.
SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 6: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not
to exceed the sum of five hundred dollars ($500.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 7: It is hereby declared to be the intention of the Town Council of the
Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared legally invalid or unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any
of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance
since the same would have been enacted by the Town Council of the Town of Westlake
without the incorporation in this Ordinance of any such legally invalid or unconstitutional,
phrase, sentence, paragraph or section.
Ordinance 650
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SECTION 8: This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
PASSED AND APPROVED ON. THIS 13th DAY OF DECEMBER 2010.
ATTEST:
Kelly' Edwatds, Town
f! ' �
Laura Wheat, Mayor
Ordinance 650
Page 3 of 3
1.1® 1 VS'k-Y:J
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400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 26-2674582
Bill To:
TOWN OF WESTLAKE
3 VILLAGE CIR STE 202
WESTLAKE, TX 76262-7940
Sales
Misc Fee
Customer ID:
TOW27
Invoice Number:
313527831
Invoice Date:
12/17/2010
Terms:
Net due in 21 days
Due Date:
12/31/2010
PO Number:
Order Number:
31352783
Sales Rep:
073
Description:
ORDINANCE NO.6
Publication Dates:12/16/2010 -12/17/201
Net Amount:
$1,244.84
($1,157.64)
$10.00
$97.24
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS R LEGAL DEPT. STAR TELEGRAM
(817) 215-2323 (—\ _ A-) et'°�
SUBSCRIBED AND SWORN TO BEFORE ME, TI-
Thank
F
Thank You For Your Payment
-----------------
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
TOW27
TOWN OF WESTLAKE
313527831
$97.20