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G-01-11-20-12C2 - 11/20/2001ORDINANCE NO. 6-01- 11-Q0- 0r acai AN ORDINANCE SURRENDERING TO THE TEXAS NATURAL RESOURCES CONSERVATION COMMISSION, THE EXERCISE OF EXCLUSIVE ORIGINAL JURISDICTION OVER THE UTILITY RATES, OPERATION, AND SERVICE OF INVESTOR OWNED UTILITIES, WITHIN THE INCORPORATED LIMITS OF THE CITY OF ROUND ROCK. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That pursuant to Section 13.042 of the Texas Water Code, the City of Round Rock surrenders to the Texas Natural Resources Conservation Commission its exclusive original jurisdiction over the utility rates, operations and services of investor owned utilities within the incorporated limits of the City. H. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which ::ODMA\WORLDOX\O:\WDOX\ORDINANC\011120C2.WPD/elc this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed ^ with. READ, PASSED, and ADOPTED on first reading this «& day of YthtLIZMIZQ, 2001. Alternative 2. READ and APPROVED on first reading this the day of , 2001. READ, APPROVED and ADOPTED on second reading this the day of , 2001. ATTEST: 071 40004„ A RI- 'T A. STLUKA,, Mayor F J City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secre DATE: November 15, 2001 SUBJECT: City Council Meeting — November 20, 2001 ITEM: *12.C.2. Consider an ordinances surrendering to the Texas Natural Resource Conservation Commission the exercise of exclusive original jurisdiction over the utility rates, operation, and services of investor owned utilities, within the incorporated limits of the City of Round Rock. (First Reading) Resource: David Kautz, Finance Director History: Round Rock Ranch Enclave is a residential gated community of approximately 50 homes (PUD 13) which is served by a private water and wastewater utility. According to the PUD, water and wastewater utility lines are maintained by the homeowner association and utility service is provided by an investor owned utility. The City provides service to the investor owned utility. For the purpose of regulating rates and services, the City has exclusive original jurisdiction over all water and sewer utility rates, operations and services provided by a water and sewer utility within its corporate limits. Staff recommends that the City's original jurisdiction for water and sewer utility rates, operations and services as it relates to the investor owned utility serving Round Rock Ranch Enclave be transferred to the Texas Natural Resources Conservation Commission (TNRCC). Funding: N/A Cost: N/A Source of Funds: N/A Outside Resources: TNRCC Impact/Benefit: Transfer of original jurisdiction over utility rates and operations for an investor owned (private) utility to the TNRCC, gives customers of the investor owned utility rate appeal and operating oversight. Furthermore, utility rate appeal and operating oversight are provided by an agency that is established for, organized for and better suited for this purpose. Public Comment: N/A Sponsor: N/A