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HomeMy WebLinkAboutORD 1980-071 ORDINANCE NO. 80-71 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS, SECTION 25-29 . 1 RELATIVE TO THE TRINITY RIVER AUTHORITY INDUSTRIAL COST RECOVERY SYS- TEM; REPEALING ALL ORDINANCES & PROVI- SIONS OF THE GRAPEVINE CITY CODE IN CON- �. FLICT HEREWITH; PROVIDING A SEVERABILITY ' CLAUSE; AND DECLARING AN EMERGENCY � NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section l. Section 25-79. 1 of the Grapevine City Code is hereby amended as follows : Section 25-79. 1 Industrial Cost Recovery (c) The annual amount to be recovered from each industrial user shall be predicated on the following formula: ( ( D X G) + ( E X H) + ( F X I) ) -�- J = Annual payment ($/year) WHERE: A = Eligible federal grant allocable to ,�--:. flow (Q) , in dollars. B = Eligible federal grant allocable to �� BOD, in dollars. C = Eligible federal grant allocable to SS, in dollars. D = Total design flow (Q) , in 1 , 000 gal./ day. E = Total design BOD, in lbs./day. F = Total design SS , in lbs./day. G = Industrial user' s flow discharge to system, in 1, 000 gal./day. H = Industrial user ' s BOD discharge to system, in lbs./day. I = Industrial user' s SS discharge to system, in lbs./day. J = Amortization period, 30 years. �� (f) Funds collected under industrial cost re- covery shall be deposited into a special fund entitled "Industrial Cost Recovery Fund, " which is hereby established. On an annual basis fifty (50) �ercent of the amount recovered, together �ith interest earned thereon, shall be returned to the United States Treasury. Of the fifty (50) percent remaining, together with interest earned thereon, eighty (80) percent shall be used subject to Regional Administrator approval, for eligible costs for recon- struction and expansion pursuant to 40 CFR 35. 928-2 (a) (2) (ii) , and 20 per- cent used as the City of Grapevine sees fit pursuant to 40 CFR 35. 928-2 (a) (2) (iii) . (g) Pending use, retained amounts shall be � invested in: (1) Obligations of the United States Govern- � ment; or (2) Obligations guaranteed as to principal and interest by the United States Govern- ment or any agency thereof; or (3) Shall be deposited in accounts fully collateralized by obligations of the United States Government or any agency thereof. Section 2 . Repeal That this ordinance shall repeal every prior ordinance and provision of the Grapevine City Code in conflict herewith but only insofar as any portion of such prior ordinance or provision shall be in conflict, and as to all other ordinances or provisions of the Grapevine City Code not in direct conflict herewith, this ordinance shall be and is hereby n��de cumulative. Section 3. Severability ,�,.,. It is hereby declared to be the intention of the City Council that the sections , paragraphs, sentences , clauses and '�� phrases 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 or competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sen- tences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorparation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 4 . Emergency The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safe- guard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. ��-� PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPE- VINE, TEXAS on this the 2nd day of December, 1980 . rY��ww APPROVED: ... Mayor '""�" ATTEST: �� . � City Sec ar APPROVED AS TO FORM AND LEGALITY: City Attorney �� �,� ♦ �� ��