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0338 ORDINANCE NO. 338 AN ORDINANCE AMENDING THE EXISTING WATER RATES OF THE CITY OF SOUTHLAKE, TEXAS TO INCREASE WATER RATES, ESTABLISH A DISTINCTION IN RATES BETWEEN RESIDENTIAL AND COMMERCIAL USERS, ESTABLISH ELDERLY/ HARDSHIP RATES FOR RESIDENTIAL USERS, DECLARING AN EMERGENCY AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council is committed to the principal of establishing water rates adequate to pay the costs of such services, including both operating costs and dept services; and, WHEREAS, operating costs have increased due to increased costs for power, personnel, materials, and treated water from Southlake's wells and from the City of Fort Worth; and, WHEREAS, additional debt service will be incurred in the immediate future due to the installation of major capital improve- ments to the water supply system of the City of Southlake; and, WHEREAS the City Council is of the opinion that the rates here- inafter set out are adequate to meet the financial needs of the City with respect to providing water service; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Sec. 1 THE following rate schedule is hereby adopted for water rates for Residential and Commercial Subscribers to the Southlake Municipal Water System, effective October 1, 1986, and continuing in effect until otherwise amended: RESIDENTIAL SUBSCRIBERS: I. Subscribers living within the corporate limits of the City of Southlake: A. Standard Rate: 1st. 2,000 gallons used $20.00 Each 1,000 gallons or any portion thereof in excess of 2,000 gallons used up to 100,000 gallons 2.40 Usage in excess of 100,000 gallons 3.00 B. Elderly/Hardship Rate: 1st. 2,000 gallons used $10.00 Each 1,000 gallons or any portion thereof in excess of 2,000 gallons used up to 100,000 gallons 2.40 Usage in excess of 100,000 gallons 3.00 II. Subscribers living outside of the corporate city limits of the City of Southlake, Texas but within the service area of the Southlake Municipal Water System: A. Standard Rate: 1st. 2,000 gallons $26.00 Each 1,000 gallons or any portion thereof in excess of 2,000 gallons used up to 100,000 gallons 2.40 Usage in excess of 100,000 gallons 3.00 COMMERCIAL RATE: I. Standard Rate for all Commercial Subscribers: A. Minimum Rate regardless of usage based upon meter size 1" for 1st. 3,000 gallons used $31.50 12" for 1st. 5,000 gallons used 52.00 2" for 1st. 7,000 gallons used 72.50 3" for 1st. 10,000 gallons used 104.00 4" for 1st. 12,000 gallons used 124.50 6" for 1st. 15,000 gallons used 156.00 8" for 1st. 18,000 gallons used 187.50 B. All usage in excess of amount set forth for minimum rate shall be charged at the rate of $2.40 per 1,000 gallons, or any portion thereof, used. Sec. 2 THERE is hereby established a minimum usage rate category to be known as "Elderly/Hardship Rate" which shall be defined to be a subscriber who is 65 years of age or over and the household to which the water is furnished has a household income of less than 200% of the Federal Poverty Guidelines for the month during which such water is furnished. Such "Elderly/Hardship Rate" shall be the rate set forth therefore in Section 1 above and a sub- scriber shall be eligible therefore as follows: A. It is the burden of the subscriber to notify the Southlake Municipal Water Department of the eligi- bility of the subscriber for such special rate treatment. B. The Subscriber shall furnish the Southlake Municipal Water Department with acceptable documentation and proof of income of the subscriber and any income producing member of the household to which such water is supplied. C. The subscriber shall provide updated financial in'-._ formation of the subscriber and other income earning adults of the household to which the water is furnished, on an annual basis or more frequently if requested, to verify eligibility for such special rate treatment. D. Subscribers and households qualifying for the special "Elderly/Hardship Rate" shall be entitled to have such special rate applied to their water rate charges beginning thirty (30) days after the application and documentation of income have been furnished as set forth hereinabove and accepted by the Southlake Municipal Water Department. E. At any time that it is determined that a subscriber or household is no longer eligible for the "Elderly/ Hardship Rate", such special rate treatment shall cease immediately. Sec. 3 ALL Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Sec. 4 WHEREAS, the financial integrity of the Southlake Municipal Water System requires the immediate passage of this ordi- nance increasing water rates to provide adequate revenues, therefore an emergency exists requiring immediate passage of this Ordinance to place such new rates into effect by October 1, 1986. Sec. 5 IF any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto to any person or circumstances is held invalid or uncon- stitutional by a Court of competent jurisdiction such holding shall not affect the validity of the remaining portions of the ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Passed, approved and adopted by the affirmative vote of the City Council of the City of Southlake, Texas, this 22 day of September, 1986 by a vote of yeas to nays ann abstaining. yd tr a Jr . or ATTEST: 1 Ild ALez andra L. LeGrand, -oi.- Y`C City Secretary City Attorney