HomeMy Public PortalAboutOrdinance No. 1205-11 07-26-20111205-11
CITY OF RICHLAND HILLS ORDINANCE NO.
AN ORDINANCE AMENDING PARAGRAPH A OF SECTION 17 OF
CHAPTER 11, THE "UTILITIES" CHAPTER OF THE CODE OF
ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS, BY THE
ADDITION OF A SENTENCE CLARIFYING THAT THE FIRST USE OF
THE MONTHLY CHARGE MANDATED BY AN EPA ADMINISTRATIVE
ORDER OF $8.17 UPON ALL WASTEWATER SERVICE CUSTOMERS
SHALL FIRST BE USED TO PAY THE COMBINATION TAX AND WATER
AND SEWER REVENUE CERTIFICATES OF OBLIGATION, SERIES 1998,
AS LONG AS SAID CERTIFICATES ARE OUTSTANDING; PROVIDING
THAT SUCH PROVISIONS SHALL BE CUMULATIVE OF OTHER
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the U.S. Environmental Protection Agency (EPA) has previously 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 previously obtained froth 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 previously 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, the City Council has previously determined that 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; and
WHEREAS, the Texas Water Development Board has now requested that the City of
Richland Hills amend Ordinance No. 834-98, which established "a monthly charge in the amount
of $8.17 per wastewater service customer" as "necessary to generate funds necessary to repay the
Certificates of Obligation, and the loan from the Texas Water Development Board secured thereby"
to clearly establish that this charge is used first to pay the debt service ofthe Series 1998 Certificates
of Obligation;
ORDINANCE AMENDING CHAPTER 11 TO CLARIFY PRIMARY PURPOSE OF MONTHLY SEWER CHARGE Page 1
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF'
RICHLAND HILLS, TEXAS:
SECTION 1.
That paragraph A of Section 17 of Chapter 11 of the Code of Ordinances, entitled "Utilities,"
is hereby amended to hereafter provide as follows:
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. This charge will be used first to pay the
Combination Tax and Water and Sewer Revenue Certificates of Obligation, Series
1998, as long as said Certificates are outstanding.
The remainder of Section 17 of Chapter 11 shall remain unchanged.
SECTION 2.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event
the conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section.
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SECTION 4.
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of the City Code amended or revised herein, or any other ordinances affecting the matters
regulated herein which have accrued at the time of the effective date of this ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in court
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 5.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED ON THIS ~ DAY OF
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EFFECTIVE:
2011.
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HONORABLE DA
L. RAGAN, MAYOR
ATTEST:
INDA CANTU, CITY SECRETARY
APP VED AST FORM AND LEGALITY:
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TIM G. SRALLA, CITY ATTORNEY
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