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Ord 659 Amendng the Water Waste Water rates establing a Water Rate for FracingTOWN OF WESTLAKE ORDINANCE NO. 659 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS AMENDING THE WATER/WASTE WATER RATES AND TAP FEE SCHEDULE BY ESTABLISHING A NEW FRAC WATER RATE SCHEDULE; REPEALING ORDINANCE 651 IN ITS ENTIRETY; 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's is of vital importance to the health, safety and welfare of the citizens of the Town; and WHEREAS, the Town Council repeals Ordinances 651 in its entirety to consolidate the Water and Wastewater rate and fee schedule; 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 That the Town Council does hereby amending the water/waste water rates and tap fee schedule by establishing a new frac water rate schedule as shown on Exhibit "A" hereto, which said exhibit is hereby incorporated in its entirety as if fully set forth. SECTION 3: That all provisions of this ordinance shall remain in full force and effect. SECTION 4: 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other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed.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 5: 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 Ordinance 659 Page 1 of 5 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 6: 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. SECTION 7: 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 June 2011. ATTEST: Kelly- Edwards, Town Secretary APP7O WK L—Star(ion Lo*ry, T -o Attorney Laura Wheat, Mayor W90 "M Thomas E. A .g- T' F)(AS Ordinance 659 Page 2of5 Exhibit A EFFECTIVE JANUARY 1, 2011 Base Service Charges Volume Charge Rate Per 1,000 gallons Residential Commercial Meter Size Water Sewer Water Sewer 3/4" $42.00 $33.00 $42.00 $33.00 1" $70.00 $60A0 $70.00 $60.00 1 1/2" $140.00 $115.00 $140.00 $115.00 2" $224.00 $187.00 $224.00 $187.00 3" $490.00 $405.00 $490.00 $405.00 4" $882.00 $693.00 $882.00 $693.00 6" $1,650.00 $1,450.00 $3,500.00 $1,450.00 8" $2,400.00 $2,100.00 $4,400.00 $2,100.00 Volume Charge Rate Per 1,000 gallons Ordinance 659 Page 3of5 Residential Commercial Volume (gallons) Water Sewer Water FRAC Water Sewer 0-2,000 $3.10 $0.00 $3.10 $17.73 $3.60 2,001- ,001-20,000 20,000 $3.10 $3.60 $3.10 $17.73 $3.60 20,001- 0,001- 40,000 40,000 $3.88 $3.60 $3.88 $17.73 $3.60 401001- 400,000 $4.84 $3.60 $4.84 $17.73 $3.60 over 400,000. I $6.05 $3.60 $6.05 $17.73 $3.60 Ordinance 659 Page 3of5 Volume Charge Rate Per 1,000 gallons Deposits Tap Fees Water Connection Residential Commercial Meter Size Water Sewer Water Sewer 3/4" $90 $60 $75 $60 1"' $150 $100 $100 $100 1 1/2" $300 $200 $250 $200 2" $480 $320 $500 $320 3" $1,050 $700 $1,000 $700 4" $1,800 $1,200 $2,500 $1,200 6" $3,750 $2,500 $3,500 $2,500 8" $5,400 $3,600 $5,000 $3,600 Tap Fees Water Connection Minimum Service Tap Fee** Meter Size Existing Service Line Tap Fee Street Cut/Bore 3/4" $550 $900 $900 1" $575 $1,200 $1,100 11/2" $775 $1,400 $1,275 2" Disc $965 $2,200 $1,400 Sewer Connection Minimum Service Tap Fee** Depth Existing Service Line Tap Fee Street Cut/Bore 0 - 6 feet 1 $450 1 $450 $800 6 - 12 feet $450 $750 $1,200 12 - 18 feet $450 $1,050 $1,600 2" Compound & larger, or unusual installation conditions, fee to be actual cost to Town plus 10%. **Tap fees for connection installed by Town will be actual cost to Town plus 10%. Does not include City of Fort Worth water or other impact fees. Ordinance 659 Page 4 of 5 2011 Gas Well Water Rate Model Assumptions Usage Volume = 5,000,000 gallons Usage Period = 10 days Probability of Peak Period = 2/3 Affected years = 1.5 Assumed Effect (MGD) Max Day 0.5 Max Hour 0.020833333 Potential annual effect per 1,000 gallons Probability Affected years Total assumed usage per well Assumed time frame for drilling & Fracing Peaks are assumed to only occur in the "summer" months Jun -Aug Current FW Rate 131,337.00 34,755.00 $66,392.56 /5,000 2/3 x 1.5 Rate of use effect $ 13.28 Base cost + $ 4.45 Proposed Rate $17.73 per 1000 gals. Annual Effect $65,668.50 $ 724.06 rev. 6/13/11 Ordinance 659 Page 5of5 Star -Telegram 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 M20 Sales Misc THE ST County ( Customer ID: TOW27 Invoice Number: 316350581 Invoice Date: 6/16/2011 Terms: Net due in 21 days Due Date: 6/30/2011 PO Number: Order Number: 31635058 Sales Rep: 073 Description: TOWN OF WESTLA Publication Dates: 6/15/2011 -6/16/2011 NO. 13570 1 32 32 LINE $17.30 S 1,.107.08 ($1,030.68) $10,00 Net Amount: _11111111HOW, P 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 & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Junq/19!, 2PI 1 Notary Thank You For Your Payment Remit To: Star -Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 316350581 Invoice Amount: $86.40 PO Number: Amount Enclosed: $