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HomeMy Public PortalAboutOrdinance No. 834-98 02-24-1998 ORDINANCE NO. 83 4 - 9 R • AN ORDINANCE AMENDING CHAPTER 11 "UTILTI'IFS" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, AS AMENDED, BY THE ADDTI'ION THERETO OF A NEW SECTION 17 "EPA CHARGE TO FUND IlVIPROVEMENTS MANDATED BY EPA ADMNISTRATIVE ORDER"; IlViPOSING A MONTHLY CHARGE OF $8.17 UPON ALL WASTEWATER SERVICE CUSTOMERS; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the U.S. Environmental Protection Agency (EPA) has issued an Administrative Order to the City of Richland Hills, Texas, mandating millions of dollars of improvements to the wastewater system within the City, to achieve compliance with applicable laws and EPA regulations; and WHEREAS, said Administrative Order provides for substantial, daily fines in the event the terms of said order are not met under the schedule established by the EPA and the City's retained engineers; and WHEREAS, the City of Richland Hills, Texas, has obtained from the Texas Water Development Board a loan in the amount of $4 million to partially fund the improvements mandated by the EPA in its Administrative Order; and WHEREAS, the City has approved the issuance of Certificates of Obligation in the amount of $4 million, to be used to secure the loan to the City from the Texas • Water Development Board; and WHEREAS, a monthly charge in the amount of $8.17 per wastewater service customer is the amount necessary to generate funds necessary to repay the Certificates of Obligation, and the loan from the Texas Water Development Board secured thereby. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That Chapter 11 "UTILITIES" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of anew Section 17, "EPA CHARGE TO FUND IMPROVEMENTS MANDATED BY EPA ADMINISTRATIVE ORDER" which new section shall hereafter be and read as follows: SECTION 17: EPA CHARGE TO FUND IMPROVEMENTS MANDATED BY EPA ADMINISTRATIVE ORDER A. There is hereby imposed a monthly charge of $8.17 upon each sewer service customer within the City. This additional charge is being imposed to finance improvements to the wastewater and sewer collection system within the City as mandated by the U.S. Environmental Protection Agency in an Administrative Order issued against the City. Such charge shall be stated separately on each water and sewer bill, and shall be identified with • an appropriate code and explanation for the basis of said charge. This is a mandatory charge and must be paid by all customers of the Richland Hills sewer system. ORDINANCE NO. PAGE 1 B. The charge impose hereby shall begin to be imposed during the first billing • cycle beginning on or after March 1, 1998, and shall continue to be charged to each customer each month until it is repealed or otherwise modified by action of the Richland Hills City Council. C. When two or more residential living units (including apartments) are supplied with water from one meter, said $8.17 charge shall be imposed each month for each unit, adjusted by an occupancy factor of ninety percent (90%). II. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. III. Saving Clause. That Chapter 11 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. • IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas; provided, however, that the EPA monthly charge imposed hereby shall first be placed on water bills during the first billing cycle on or after March 1, 1998. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 2.4th day of Februarv, 1998, by a vote of 4 ayes, 0 nays, and 0 abstentions. APPROVED: C. F. Kelley, Mayor ORDINANCE NO. 8 PAGE 2 ` ~ 1 / t 1 / / ATTEST• ~4~,~~,~ ; 4 , ` , ,~~y e . illis, City Secretary = ` .'.L o 1~ / APPROVED AS TO FORM AND LEGALITY: - Paul F. Wienes ie, Ci y Attorney rhlib361/020598 ORDINANCE NO. 8 3 4- 9 8 PAGE 3