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