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Ord 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 Page 2 of 3 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 t •+ 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