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HomeMy WebLinkAboutORD 2006-053 ORDINANCE NO. 2006-53 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 25 UTILITIES AND SERVICES BY AMENDING SECTION 25-20 AND SECTION 25-27, PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is authorized to adopt ordinances to protect the health, safety, and welfare of the public; and WHEREAS, the City of Grapevine is required to recoup reasonable costs for operation of the water and wastewater system; and WHEREAS, the City of Grapevine is authorized by the Texas Water Code to adopt such a system; and WHEREAS, the City of Grapevine City Council deems the passage of this ordinance to be in the best interests of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. Section 2. That the Grapevine Code of Ordinances, Chapter 25 Utilities and Services, Sections 25-20 Definitions is hereby amended by the addition of the following: "Cooling Tower: A large tower or similar structure typically attached to a hotel, hospital, or similar large facility through which water is circulated to lower its temperature by partial evaporation. Sub-meter: A water or wastewater meter subordinate to the City of Grapevine water or wastewater meter. Hotel: A building in which members of the public obtain sleeping accommodations for a consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, or a rooming house, but does not include a hospital, sanitarium, or nursing home and is required to file a Hotel/Motel Tax Return with the City of Grapevine." Section 3. That the Grapevine Code of Ordinances, Chapter 25 Utilities and Services, Section 25-20 is hereby amended to read as follows: "Commercial service: All services to customers of water and/or wastewater system of the city except services defined as residential, industrial or hotel services." Section 4. That the Grapevine Code of Ordinances, Chapter 25 Utilities and Services, Sections 25-27 Wastewater Rates is hereby amended by the addition of the following subsection (3): "(3) Commercial accounts utilizing cooling towers a. Commercial accounts utilizing cooling towers for evaporative cooling purposes will be subject to the following wastewater rate calculation: 1. Commercial Service Wastewater Rate (Evaporative Cooling) = Commercial Wastewater Rate (based on Monthly Reading of City's Water Meter) Less ((Sub-metered Monthly Water Usage in 1,000 Gallons for the Evaporative Cooling System) X (80% Evaporation) X (Current Commercial Wastewater Rate)) = Monthly Rate b. Cooling Tower water usage must be calculated by utilization of a city approved water sub-meter. c. Failure to submit the monthly sub-meter reading will result in a wastewater charge calculated at 100% of water usage. d. Monthly sub-meter readings must be submitted by a representative of the owner to the Utility Billing Clerk on or before a date dictated by the Utility Billing Clerk. e. City Staff will verify meter reading quarterly. f. Owner of sub-meter will certify the sub-meter and supply certification report yearly to the Utility Billing Clerk." Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto, any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this 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. ORD. NO. 2006-53 2 Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. Section 7. That this ordinance shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of August, 2006. APPROVED: ' IG) - William D. Tate Mayor ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2006-53 3