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G-12-03-22-10B1 - 3/22/2012 1 ORDINANCE NO. 2 3 4 AN ORDINANCE AMENDING CHAPTER 44, SECTION 44-29, CODE OF 5 ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING 6 WATER RATES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING 7 CONFLICTING ORDINANCES AND RESOLUTIONS. 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 10 TEXAS: 11 I. 12 That Chapter 44, Section 44-29, Code of Ordinances (2010 Edition), City of 13 Round Rock, Texas, is hereby amended to read as follows: 14 Sec.44-29.Water. 15 16 (a) Meters required. 17 18 (1) All premises using the city water supply must be equipped with an adequate water meter 19 furnished by the city but paid for by the customer. Before any premises are occupied, a 20 water meter shall be installed therein as herein required. 21 22 (2) Any person using the city water supply in violation of this section shall be deemed guilty 23 of a misdemeanor. 24 25 (b) Installation and maintenance. 26 27 (1) Meters shall be installed in a location that will be easy to access. 28 29 (2) The meter box shall be maintained by the customer to ensure that no obstacle will hinder 30 or prevent adequate access to the meter for reading and servicing. Adequate access is a 31 condition precedent to the receipt of utility services from the city and a requirement for 32 continued service. The term "adequate access," for purposes of this article, shall be 33 defined as the ability of an authorized city representative to get to a meter without visual 34 aids, without the presence of the customer or without threat of bodily injury and must not 35 be hindered by shrubs, trees, locked gates or any other obstruction. No authorized city 36 representative shall be denied access to a meter. 37 38 (c) Reading meters. The city shall read or cause to be read every water meter used in the city at 39 such times as are necessary that the bill may be sent out at the proper time. No person shall 40 cause interference with reading a meter by building, installing or planting any obstacle that would 41 prevent access to a meter temporarily or permanently. If an obstacle prevents the meter from 42 being read, a fee as set forth in subsection 0) of this section shall be charged to the water bill as a 43 reread fee. Should an authorized city representative be unable to have adequate access more 44 than three times, the city shall notify customer, in writing, of such obstruction and give customer 45 ten days to provide adequate access. The city may, at its option, relocate the meter and charge 46 customer for the actual costs of relocating the meter. Failure to comply within the ten-day period O:\wdox\SCClnts\0112\1204\MUNICIPAL\00244735.DOCX/sls 1 shall be grounds for termination of service and customer shall be charged the fee set forth in 2 subsection (i)of this section. 3 4 (d) Testing meters. Any customer requesting the municipal water meter to be tested shall pay, as a 5 fee, the actual cost of testing the meter by a third party licensed meter tester. The city will retain 6 the fee if the meter is within three percent of being accurate. If the meter is not within three 7 percent of being accurate, it shall be repaired or replaced and the fee returned to the customer or 8 credited on the customer's account. 9 10 (e) Right of entry. Any employee of the city bearing proper credentials and identification shall be 11 permitted to enter upon all properties for the purpose of inspection, observation, measurement, 12 sampling, meter reading and testing. 13 14 (f) Water rates for retail customers. 15 16 (1) Definitions. The following words, terms and phrases, when used in this section, shall 17 have the meanings ascribed to them in this subsection, except where the context clearly 18 indicates a different meaning: 19 20 Billing period means a period of approximately thirty(30) days between meter 21 readings for which water consumption is determined. The director of finance will 22 determine the billing periods for various categories of customers. 23 24 Non-peak billing periods means all billing periods other than peak billing periods. 25 26 Peak billing periods means five consecutive billing periods between May 1 and 27 October 31, as determined each year by the director of finance. 28 29 Rate Block means the two four water volume blocks as described in subsection 30 (f)(46)of this section. 31 32 Service unit is defined in accordance with 44-32(e). 33 34 (2) Determination of service units. 35 36 a. Conversion table. The number of service units for water service is determined by 37 the size and type of the water meter purchased for and/or providing service to the 38 property in accordance with the following schedule: 39 Meter Size inches Service Units 5/8 1.00 3/4 1.5 1 2.5 1.5 5.0 2 8.0 3 16.0 4 25.0 6 50.0 8 80.0 10 or more 115.0 40 41 b. No adiustment. No adjustment in service units shall be made for water use or fire 42 demand that falls between standard meter sizes. 43 44 C. Adiustment for fire flows meters and multiple meters. In the event that a customer 2 1 has either (i) a meter that is oversized because of fire flow requirements, or (ii) 2 more than one meter, such as where a fire flow meter is utilized in combination 3 with a standard usage meter, the Director of Utilities shall determine the number 4 of service units for the customer in accordance with generally accepted 5 engineering and/or planning standards and assign an equivalent meter size for 6 billing purposes. 7 8 (3) Revision of service unit determination. The city may revise the service unit determination 9 of a specific customer or customer class in accordance with generally accepted 10 engineering or planning standards and based on applicable historical data and trends. 11 12 (24) Volume rates for non-peak billing periods. For water consumed during non-peak billing 13 periods, each customer shall pay a rate of $2.35 per 1,000 gallons or fraction thereof 14 consumed during such billing period. 15 16 (25) Volume rates for peak billing periods. For water consumed during peak billing periods, 17 each customer shall pay a rate for water consumed during such billing period within each 18 rate block described in subsection (f)(46) of this section, as follows: 19 Rate Blocks Charge per 1,000 Gallons Rate block one The volume rate set forth in subsection 24 of this section Rate block two 125% of rate block one, rounded to the nearest penny Rate block three 150% of rate block one, rounded to the nearest penny Rate block four 200% of rate block one rounded to the nearest penny 20 21 22 (46) Rate blocks by-meter�ize service units. 23 24 a. Rate block one by ^,pi=e service units is as follows: 25 Meter Size in inches Number of Service Volume by Gallons Units 5/8 1_0 0 to 18,000 3/4 1.5 0 to 27,000 1.0 2_5 0 to 45,000 1.5 5.0 0 to 90,000 2.0 8.0 0 to 144,000 3.0 16.0 0 to 288,000 4.0 25.0 0 to 450,000 6.0 50.0 0 to 900.000 8.0 80.0 0 to 1,440,000 10.0 or more 115.0 0 to 2,070,000 8 26 27 28 b. Rate block two by mot o service units is as follows: 3 i i 1 Meter Size in inches Number of Service Volume by Gallons Units 5/8 1.0 Mere than 18 00818,001 to 24,000 3/4 1.5 More than 27,0001 to 36,000 1.0 2.5 Mefe than 45,0001 to 60,000 1.5 5.0 More than 90,0001 to 120,000 i 2.0 8.0 More thaR 144,0001 to 192,000 3.0 16.0 Mere than 288,0001 to 384 000 i 4.0 25.0 McFe thaR 450,0001 to 600,000 6.0 50.0 Mere than 900.0001 to 1,200,000 8.0 80.0 More than 1,440,0001 to 1,920,000 10.0 or more 115.0 More than 2,070,0001 to 2,760,000 42-.0 More than 2,074,0W 2 3 C. Rate block three by service units is as follows: 4 Meter Size in inches Number of Service Volume by Gallons Units 5/8 1.0 24.001 to 30,000 3/ 1.5 36,001 to 45,000 1.0 2.5 60,001 to 75,000 1.5 5.0 120,001 to 150,000 2.0 8.0 192,001 to 240,000 3.0 16.0 384,001 to 480,000 4.0 25.0 600,001 to 750,000 s 6.0 50.0 1,200,001 to 1,500,000 8.0 80.0 1,920,001 to 2,400,000 10.0 or more 115.0 2,760,001 to 3,450,000 5 6 I d. Rate block four by service units is as follows: 7 Meter Size in inches Number of Service Volume by Gallons Units 5/8 1.0 More than 30,000 3/4 1.5 More than 45,000 1.0 2.5 More than 75,000 1.5 5.0 More than 150,000 2.0 8.0 More than 240,000 3.0 16.0 More than 480,000 4 4.0 25.0 More than 750,000 6.0 50.0 More than 1,500,000 8.0 80.0 More than 2,400,000 10.0 or more 115.0 More than 3,450 000 1 2 3 (57) Monthly service charge. Except as provided below, in addition to the above volume rates, 4 each customer shall pay a monthly water service charge pursuant to the following 5 schedule regardless of the amount of water used. 6 Meter Size in inches Monthly Service Charge Effective January 1, 2010 5/8 $13.84 3/4 $19.28 1 $30.45 1 1/2 $58.34 2 $91.81 3 $169.92 4 $281.51 6 $877.65 8 $1,534.03 10 $2,409.19 12 $2,956.17 7 8 9 a. Medicaid exemption discontinued after October 1, 2005. Except as provided in 10 subsection (f)(57)b of this section, on and after October 1, 2005, the monthly 11 water service charge exemption for head of household residents eligible for 12 Medicaid benefits will be discontinued. 13 14 b. Exemption for current recipients. For residential service located within the 15 corporate city limits where the head of the household is eligible for Medicaid 16 benefits, and if said resident head of household was receiving the Medicaid 17 exemption from the monthly water service charge prior to October 1, 2005, and if 18 said resident head of household re-applies for said exemption between October 19 1 and October 30 of each year, then the exemption from paying the monthly 20 water service charge shall continue until the head of the household is no longer 21 eligible for Medicaid benefits, as determined by federal guidelines and as 22 administered by the state. 23 24 C. Unlawful acceptance of exemption or discount. It shall be unlawful for any person 25 to apply for and/or receive a water rate discount or exemption from the monthly 26 water service charge if such person is not eligible to receive said discount or 27 exemption. 28 29 (6) 30fire flow requipemeRtS, for billing purposes, the Gity FRay GaIGulate 31 32 rcnircmcn��+ 33 34 (78) Outside city limits. The above water rates and service charges apply to all customers 35 located within the corporate limits of the city. All customers located outside of the 36 corporate limits of the city shall pay double the applicable rates charged customers within 5 1 the corporate limits of the city, unless a different rate is approved by the council pursuant 2 to a contractual agreement. 3 4 (89) Age 65 years and older. 5 6 a. Discounts discontinued after June 10, 1993. Except as provided below, on and 7 after June 10, 1993, the water rate discount for head of household residents 65 8 years of age and older will be discontinued. All head of household residents 65 9 years of age and older actually receiving said discounts prior to June 10, 1993, 10 shall continue to receive said discounts as stated in this section, so long as they 11 re-apply for said discounts before October 30 of each year. 12 13 b. Discounts for current recipients. For residential service located within the 14 corporate city limits where the head of the household has attained the age of 65, 15 and if said resident head of household was receiving water rate discounts prior to 16 June 10, 1993, and if said resident head of household re-applies for said 17 discounts between October 1 and October 30 of each year, then the following 18 schedule of monthly rates or charges for services furnished by the city's water 19 system shall be and such is hereby adopted and established as follows: 20 21 1. Rate. 22 Number of Gallons of Monthly Water Rates Water Used 1--20,000 gallons $1.20 per 1,000 gallons 20,000 gallons to $1.45 per 1,000 75,000 gallons gallons used exceeding 20,000 gallons up to 75,000 gallons Use exceeding 75,000 $1.70 per 1,000 used gallons exceeding 75,000 gallons 23 24 25 2. Monthly charge. Except as provided below, in addition to the foregoing 26 rates, each customer shall also pay a monthly water service charge of 27 $5.50 regardless of the amount of water used. 28 29 (g) Water rates and permit fees for bulk users. 30 Fire Hydrant Meter Monthly Base Rate Size 5/8 inch $75.00 1 inch $100.00 3 inch $150.00 31 32 33 The volume charge will be the rate per 1,000 gallons established under subsection Q)of the 34 section pertaining to rates. 35 36 (h) Rates for water service to wholesale customers. 37 6 1 (1) The rate for water service to a wholesale customer shall consist of a monthly base 2 charge and a volumetric charge per 1,000 gallons of water used. 3 4 (2) The monthly base charge and the volumetric charge for water to wholesale customers is 5 as follows: 6 7 a. Effective October 1, 2009. 8 9 1. Aqua Tacw—rl rnrG. 10 Pase Charge $4_49&-W Volume Ghafge 11 12 13 = Cnrrl Bl Uff SALininipal Utility DistriGt 14 $4$8999 $�SA 15 16 17 23. PaalemmaLak Utility Dist-in�� 18 Volume Ghafge $899-A8 19 20 21 4. D:aInm;; I ;gLo Utility Dic+rin+#7 22 23 24 25 6. RAR nAnhilc 26 $8x9:99 27 28 29 . 30 Volume Charge $2 36 31 32 33 . 34 Base GhaFq9 $ � $a-�8 35 36 37 . 38 $6;-9A�A9 $�?a8 39 7 1 2 . 3 $4;9009 6 4 5 6 6. €#es*^�werT2040. 7 8 i. Aqua Texas,—R;G. 9 $4,K 10 11 12 2 Cern QL,4F MURininal Utility DistFinf 13 Base Gharge $49 9A�A8 14 15 16 Palerna Lake MUniGipal Utility DiGtFiGt#l. 17 $4-1-AA:-09 18 19 20 . 21 Volume Ghafge 22 23 24 5. R&R nn�tiao 25 $850:09 $a-� 26 27 28 69. Walsh RanGh MURiGipal Utility Di6tFiGt. 29 Volume Charge $4�AA 09 $�35 30 31 32 COURty MURiGipal Utility Di6tFiGt#9-. 33 $a-A;5� Volume Chafge 34 35 36 . 37 Vglurne Charge $9;A09:99 $ � 8 1 2 3 . 4 Volume Chaffle $ 000 A9 $ 5 5 6 7 C. Effective October 1, 2011. 8 9 1. Aqua Texas, Inc. 10 Base Charge 1 $4,185.00 Volume Charge 1 $2.12 11 12 13 2. Fern Bluff Municipal Utility District. 14 Base Charge $19,900.00 Volume Charge 1 $2.18 15 16 17 3. Paloma Lake Municipal Utility District#1. 18 Base Charge 1 $1,500.00 Volume Charge 1 $2.05 19 20 21 4. Paloma Lake Municipal Utility District#2. 22 Base Charge 1 $1,500.00 Volume Charge 1 $2.05 23 24 25 5. R&R Mobile. 26 Base Charge 1 $850.00 Volume Charge 1 $1.90 27 28 29 6. Walsh Ranch Municipal Utility District. 30 Base Charge 1 $2,600.00 Volume Charge 1 $2.35 31 32 33 7. Williamson County Municipal Utility District#9. 34 Base Charge $10,750.00 Volume Charge 1 $2.50 EEd 35 36 37 8. Williamson County Municipal Utility District#10. 38 Base Charge 1 $12,000.00 9 Volume Charge J $2.20 1 2 3 9. Williamson County Municipal Utility District#11. 4 Base Charge $10,250.00 Volume Charge J $2.25 5 6 7 (i) Water service, inspection and meter setting fees. 8 9 (1) Water inspection and meter setting fee. Each applicant for a plumbing permit, whether for 10 new construction or otherwise, shall at the time the permit is issued, pay a water 11 inspection and meter setting fee of $100.00 for each water tap utilizing a standard size 12 water meter. As used herein, the term "standard size water meter" means either a five- 13 eighths-inch or a three-fourths-inch meter. In the event a water tap requires a 14 nonstandard size water meter, the water inspection and meter setting fee shall be 15 $100.00 plus the difference in actual cost of the water meter required and the actual cost 16 of a standard size meter. 17 18 (2) Fees for water service outside city limits. Applicants for water service outside the city 19 limits shall pay the same water fees as set forth above. Applicants who are otherwise 20 required by contract to obtain building permits shall pay the fees when a permit is issued. 21 Other applicants shall pay the fees when water service is requested. 22 23 Q) Tampering with meters and lines prohibited. Whoever by any means or device prevents water 24 from passing through any meter belonging to the city, or prevents any meter used in connection 25 with the supply of water to any customer by the city from registering the amount of water passing 26 through such meter, or prevents a meter from duly registering the quantity of water supplied or in 27 any way interferes with its proper action of just registration, or without the consent in writing of the 28 director, diverts any water from any pipe of the city's, or otherwise uses, or causes to be used, 29 without the consent of the director, any water produced or distributed by the city, or retains 30 possession of, or refuses to deliver any meter, materials or equipment belonging to the city, 31 regardless of how it came into his possession, shall be in violation of this article. The presence at 32 any time on or about any such meter or pipe or any device or pipes resulting in the diversion of 33 water or prevention of its free passage and registration by the meter, or resulting in the diversion 34 from the meter as above defined, or resulting in the prevention of water reaching the meter, or 35 resulting in the prevention of the just registration of the meter or meters or the taking of any water 36 except through a meter as above set forth, shall constitute prima facie evidence on the part of the 37 person owning or having custody and control of the room, building, place or premises where such 38 device or pipe is, or knowledge of the existence thereof and knowledge of such existence to the 39 person who would be benefitted by the failure of the water to be properly metered, and shall 40 further constitute prima facie evidence of intention on the part of such person to defraud, and 41 shall bring such person prima facie within the scope, meaning, and penalties of this section. 42 43 (k) Tampering with hydrants and other system apparatus. 44 45 (1) It shall be unlawful for any person, except a member of the fire department, or employee 46 of the city, to open or use water from a fire hydrant, or to take off the cap without 47 permission from the city. 48 49 (2) It shall be unlawful for any person, individually or in association with others, to willfully 50 break, injure or tamper with any part of the city's system for any purpose whatsoever, or 51 in any manner to maliciously interfere with or prevent the running and operation of the 52 system and the water supply therein. 53 10 1 (1) Responsibility for water leakage and use; discontinuance of service. The customer shall be held 2 responsible as consumers for loss of water and property damage due to leakage in pipes or 3 plumbing inside the discharge side of the meter or on the customer's property, and if this water is 4 not paid for according to the rates provided when it becomes due, the water shall be cut off by the 5 city and not turned on again until all charges and fees are paid and proof provided that the leak 6 has been repaired. The city may consider an adjustment if the customer presents a plumber's 7 statement indicating that the leak was not reasonably detectable from the surface, the leak has 8 been repaired and the type of repairs made. The city may request additional information before 9 adjusting the customer's bill. The customer may receive only one adjustment during a 12-month 10 period, unless the director determines that extenuating circumstances justify allowing additional 11 adjustments. 12 13 (m) Customer assents to chapter provisions. All of the provisions of this chapter shall be deemed to 14 be incorporated in every contract between the city and its customers, and each customer shall be 15 charged with knowledge of the provisions of this chapter and, by applying and accepting water 16 from the city, to have assented to the provisions hereof. 17 18 (n) Deposits for water service. 19 20 (1) Residential customers. 21 22 a. Deposit. Upon making application for water service, a residential customer shall 23 pay a water deposit in the amount of$100.00 per residential dwelling unit. 24 25 b. Refund. The water deposit shall be refunded to the customer when: 26 27 1. Service is cancelled; provided, however, that any unpaid charges shall 28 first be deducted from the deposit; or 29 30 2. The customer shall have 12 consecutive months of satisfactory payment 31 history. 32 33 C. After return of refund, additional deposit required following city's discontinuation 34 of water service. If the city has refunded the customer's water deposit for 35 "satisfactory payment history" under subsection (n)(1)b.2. of this section, and 36 thereafter the customer's water service has been discontinued for nonpayment or 37 meter tampering, then the customer shall pay another water deposit in the 38 amount of$100.00 per residential dwelling unit. In that event, the customer shall 39 thereafter be entitled to a satisfactory payment history deposit refund upon 40 completion of the required 12 consecutive months of satisfactory payment 41 history, as computed from the date of reconnect. 42 43 (2) Nonresidential customers. 44 45 a. Deposit. A nonresidential customer shall pay a water deposit according to the 46 size of meter serving the premises pursuant to the following schedule: 47 Meter Size Deposit 5/8 inch $100.00 3/4 inch $100.00 1 inch $100.00 1 1/2 inch $150.00 2 inch and larger $100.00 per inch or fraction thereof 48 11 1 2 b. Refund. The water deposit shall be refunded to the customer when: 3 4 1. Service is cancelled; provided, however, that any unpaid charges shall 5 first be deducted from the deposit; or 6 7 2. The customer shall have 12 consecutive months of satisfactory payment 8 history. 9 10 C. After return of refund, additional deposit required following city's discontinuation 11 of water service. If the city has refunded the customer's water deposit for 12 "satisfactory payment history" under subsection (n)(2)b.2. of this section, and 13 thereafter the customer's water service has been discontinued for nonpayment or 14 meter tampering, then the customer shall pay another water deposit in the 15 amount indicated. In that event, the customer shall thereafter be entitled to a 16 satisfactory payment history deposit refund upon completion of the required 12 17 consecutive months of satisfactory payment history, as computed from the date 18 of reconnect. 19 20 (3) Bulk water customers shall pay a meter deposit in accordance with the following 21 schedule: 22 Fire Hydrant Meter Deposit Size 5/8 x 3/4 inch $100.00 1 inch $150.00 3 inch $700.00 23 24 25 (o) Water and sewer service connection and transfer fees. 26 27 (1) Upon making application for water and/or sewer service the customer shall pay a water 28 and sewer service connection fee of$25.00. 29 30 (2) Upon making application to transfer an existing water and/or sewer service account to a 31 new address, the customer shall pay a water and sewer service transfer fee of$25.00. 32 33 (3) If a customer requests service after normal business hours or same-day service, a water 34 and sewer service connection fee of $75.00 shall be paid by the customer. Normal 35 business hours means weekdays from 8:00 a.m. to 6:00 p.m., excluding city holidays. 36 37 (4) Bulk water customers that require a fire hydrant meter to be relocated within the same job 38 site or another job site shall pay a$45.00 fee for each time that the meter is relocated. 39 40 (p) Additional service trips. If additional meter service trips are required, including re-reads and trips 41 for collection of outstanding charges, fees or penalties, the customer shall pay an additional trip 42 fee in the amount of $25.00 for each additional trip made to the location. If any service trips are 43 caused by the city's error, the customer will not be charged such additional trip fee. 44 12 ROUNDROCK,TIXAS City Council Agenda Summary Sheet PURPOSE BUSIOR PRosPMn Agenda Item No. 1061. Consider an ordinance amending Chapter 44, Section 44-29, Code of Ordinances (2010 Agenda Caption: Edition), regarding water rates. (Second Reading) Meeting Date: March 22, 2012 Department: Utilities and Environmental Services Staff Person making presentation: Michael Thane, P.E. Utilities Director Item Summary: Water conservation is important to our region as we must protect this precious natural resource. The demand for water will continue to increase as our City grows to our ultimate population. Ultimate planning for the City's water system has included approximately 10 million gallons of water per day from conservation and reuse programs. To reach this goal, increased efforts must be implemented by the City to promote conservation efforts by our customers. Currently, the City's water rate structure consists of two tiered rates which are in effect only between May and September. During those five months, the rate for customers using 0-18,000 gallons is $2.35 per 1,000 gallons and customers using more than 18,000 gallons pay $2.94 per 1,000 gallons. During the remaining seven months all customers pay the same rate of$2.35 per 1,000 gallons for all consumption. The recent drought situation has helped to increase the awareness and importance of conserving our water, as well as,signaled the need for greater conservation efforts. The proposed water rate structure will consist of a four tiered structure. The new structure will be as follows: First tier=$2.35 per 1,000 gallons for consumption between 0-18,000 gallons Second tier=$2.94 per 1,000 gallons for consumption between 18,001-24,000 gallons Third tier=$3.53 per 1,000 gallons for consumption between 24,001-30,000 gallons Fourth tier=$4.70 per 1,000 gallons for consumption greater than 30,001 gallons If the new water rate structure is approved by City Council, the implementation of the new structure will begin in May 2012. Cost: N/A Source of Funds: N/A Date of Public Hearing(if required): N/A Recommended Action: Approval