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16-M-18 - Amending Fee Schedule for sewerage, Transportation Treatment for properties serviced by SARAORDINANCE NO. 16 -M -18 CONSIDERATION AND /OR ACTION APPROVING AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES AND CERTAIN OTHER ORDINANCES BY AMENDING THE FEE SCHEDULE AND ESTABLISHING AND SETTING FEES RELATED TO THE SEWERAGE TRANSPORTATION, TREATMENT AND DISPOSAL FOR THE PROPERTIES SERVICED BY THE SAN ANTONIO RIVER AUTHORITY (SARA) WHEREAS, the City of Schertz (the "City ") has established by ordinances and resolutions for fees for licenses, permits, and services provided by the City; and WHEREAS, the City Council has authorized a review and a consolidation of certain fees for licenses, permits, and services provided by the City; and WHEREAS, the Schedule of Fees attached as Exhibit A reflects revisions to certain fees, a restatement of certain fees not revised, and a consolidation of all such fees; and WHEREAS, due to the need for periodic modification of said fees and for the purposes of efficiency, the City Council desires to adopt future fee changes by resolution rather than by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. All persons, firms, or corporations applying for licenses or permits or receiving other City services described on Exhibit A that require the payment of a fee incident to such application or service shall pay the fees as prescribed in the Fee Schedule attached hereto as Exhibit A and made a part of hereof. It shall be a violation of this Ordinance to conduct any activity or commence any use or receive any service for which payment of a fee described herein is required until such fee has been paid (if required to be paid in advance) or to fail to pay such fee when properly billed. SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas as to the fees set forth on Exhibit A effect on the effective date of this Ordinance, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. The City Council may, from time to time, by ordinance add to the fees set forth on Exhibit A, and the fees now or hereafter set forth on Exhibit A may be modified from time to time by resolution of the City Council. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections 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 of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Code of Ordinances in effect on the effective date of this Ordinance and modified by this Ordinance or any other ordinances in effect on the effective date of this Ordinance and modified by this Ordinance and requiring the payment of fees for licenses, permits, and other services provided by the City which have accrued on the effective date of this Ordinance; and any and all accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. This Ordinance shall be in full force and effect from and after its final passage and any publication required by law. Passed and approved on the first reading this 28th day of June, 2016. PASSED AND APPROVED ON FINAL READING this 12 " day of July, 2016. R. Carpenter, Mayor ATTEST: _-Z-� A XA A Brenda Dennis, City Secretary ORDINANCE NO. 0 -1424 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE SAN ANTONIO RIVER AUTHORITY AUTHORIZING AND DIRECTING THE GENERAL MANAGER TO EXECUTE AND THE ASSISTANT SECRETARY TO ATTEST, RESPECTIVELY, AMENDMENT NO. I TO SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL CONTRACT WITH THE CITY OF SCHERTZ Preamble WHEREAS, the SAN ANTONIO RIVER AUTHORITY has entered into a SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL CONTRACT, dated as of March 24, 2015, with the City of SCHERTZ for the purpose of providing wastewater treatment services (the "Contract "); and WHEREAS, the SAN ANTONIO RIVER AUTHORITY has developed and SCHERTZ has agreed to adjusted wholesale customer charges under the Contract beginning July 1, 2016; and WHEREAS, a copy of AMENDMENT NO. 1 TO SEWAGE TRANSPORTATION. TREATMENT AND DISPOSAL CONTRACT is attached hereto as Attachment "A ". NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE SAN ANTONIO RIVER AUTHORITY: That the General Manager and the Assistant Secretary be and the same hereby are authorized and directed to execute and attest, respectively, AMENDMENT NO. 1 TO SEWAGE TRANSPORTATION TREATMENT AND DISPOSAL CONTRACT, substantially in the form as attached hereto as Attachment "A ", PASSED AND APPROVED this 15t" day of June, 2016. 601 t S)ACY BUCKK MAN, Chairman ATTEST: HECTOR�2, MORALES, Secretary ACKNOWLEDGEMENT OF CHAIRMAN STATE OF TEXAS COUNTY OF BEXAR BEFORE ME, the undersigned authority on this day personally appeared SALLY BUCHANAN, Chairman of the Board of Directors of the SAN ANTONIO RIVER AUTHORITY, a political subdivision of the State of Texas known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said political subdivision. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15"' day of June, 2016. LINDA KAY WHITAKER MY COMMISSION EXPIRES September 12, 2016 eAKE R, Notary Public In and for the State of Texas My commission expires: 9/12/2016 CERTIFICATE OF SECRETARY SAN ANTONIO RIVER AUTHORITY SAN ANTONIO, BEXAR COUNTY, TEXAS I hereby certify the above and foregoing to be a duplicate original of Ordinance No. 0 -1424 of the Board of Directors of the SAN ANTONIO RIVER AUTHORITY as passed and approved by the members of said Board at a regular meeting of the Board of Directors of said AUTHORITY held on June 15, 2016, in San Antonio, Bexar County, Texas, at which a quorum was present, as shown by the Minutes of said meeting. IN TESTIMONY WHEREOF, witness my hand and the official seal of the SAN ANTONIO RIVER AUTHORITY on this the 15'I' day of June, A.D., 2016, in San Antonio, Bexar County, Texas. r, HECTO R. MORALES, Secretary Attachment A THE STATE OF TEXAS COUNTY OF BEXAR AMENDMENT NO. I TO SEWAGE TRANSPORTATION, TREATMENT AND DISPOSAL CONTRACT This Amendment No. 1 is made and entered into as of the 15 "' day of ,Tune, 2016, by and between the SAN ANTONIO RIVER AUTHORITY (hereinafter called "AUTHORITY "), and its wholesale customer, the CITY OF SCHERTZ, TEXAS (hereinafter called "SCHERTZ "). WITNESSETH WHEREAS, the AUTHORITY has heretofore entered into a contract with SCHERTZ, effective March 24, 2015, providing that the AUTHORITY shall transport, treat and dispose of the wastewater of the above -named wholesale customer; and WHEREAS, said contract provides that the Wholesale Customer Charge Schedule and the wholesale connection fee (impact fee) schedule set out in Exhibit C thereof shall be reviewed annually and adjusted by mutual agreement of the parties in accordance with the terms and provisions of the contract; and WHEREAS, THE AUTHORITY has developed and SCHERTZ has agreed to adjusted wholesale customer charges for the Fiscal Year beginning July 1, 2016. NOW, THEREFORE, the parties hereto, in consideration of the mutual benefits, agreements and undertakings hereinafter set forth, with respect to the present long -term contracts between the parties hereby contract and agree that: 1. EXHIBIT C Wholesale Customer Charge Schedule, which is attached hereto as Exhibit "A ", be and the same hereby is substituted as of July 1, 2016, for Exhibit C contained in the present contracts between the parties. EXHIBIT C Schedule of Connections Fees (Impact Fees), as attached hereto as Exhibit "B" is hereby ratified, confirmed and carried forward. IN WITNESS WHEREOF, the parties hereto, acting under the authority of their respective governing bodies, have caused this Amendment No. 1 to be duly executed in several counterparts, each of which shall constitute an original, as of this 15"' day of June, 2016. ATTEST: Name: STEPHEN T. GRAHAM Title: Assistant Secretary ATTEST: Name: Title: SAN ANTONIO RIVER AUTHORITY Name: SUZANNE B. SCOTT Title: General Manager CITY OF SCHERTZ, TEXAS Name: Title: EXHIBIT A Wholesale Customer Charge Schedule 1. Single Family Residential - for each single family residential unit connected to the Customer's local wastewater facilities, the Customer shall pay the following: $12.97 fixed charge plus $4.98 per 1,000 gallons of winter average water consumption per month. The charge based on winter average water consumption is waived when the unit is vacant, The winter average water consumption is defined as the computed average of the monthly metered water consumption for three consecutive billing periods that fall wholly within the prior winter's season between November 15 and the following March 15. Where the account has not established a winter average, the Customer's representative winter average shall be used. The fixed charge includes a payment for any debt of the system plus a computed capital replacement charge used for future system capital improvement projects. 2. All Other Users - for all other users, not single family residential units, connected to the Customer's local wastewater facilities, the Customer shall pay the following: $7.79 per 1,000 gallons of metered water consumption each month. 3. Regulatory Assessment Fee — The Texas Regulatory Assessment Fee of one -half of one percent as established by Ordinance No. 0 -955, passed and approved September 18, 1991, is hereby ratified, confirmed and carried forward. 4. The effective date of this schedule shall be July 1, 2016. EXHIBIT B Schedule of Connection Fees (Impact Fees) Wholesale System Connection Fees (Impact Fees): Connection Fees (Impact Fees) for the River Authority's wholesale system are hereby established in the following multiples of one (1) Equivalent Dwelling Unit, which connection shall have a value of $3,250. The required fee shall be computed by multiplying the value of one (1) Equivalent Dwelling Unit by the appropriate multiplier from the following list. Where the list is ambiguous or otherwise fails to properly cover a request for sewer connection, a connection fee (impact fee) consistent with those listed shall be established by mutual agreement of the River Authority and the wholesale Customer, and thereafter disclosed to the applicant. Industrial Connection Fee (Impact Fee) and Service Charges — the provisions of SAN ANTONIO RIVER AUTHORITY Ordinance No. 0 -805, passed and approved May 15, 1985, which is by reference included herein and made a part hereof, shall govern all aspects of industrial wastes discharged to the San Antonio River Authority Martinez - Salatrillo Creeks Sewage Transportation and Treatment System, specifically including fees and charges therefore. It is understood and agreed by the parties that when governing rules, regulations, orders, ordinances or other such requirements by the wholesale Customers are more stringent with respect to such industrial wastes, such wholesale Customer requirements shall prevail. TYPE OF CONNECTION MULTIPLIER Single family residence 1.00 Swimming pool 0.20 Multi- family residential, including townhouses, condominiums, duplexes, etc. (per dwelling unit) 1.00 Apartments 0.60 Hotels /motels with cooking facilities in room (per dwelling unit) 0.60 Hotels /motels without cooking facilities in room (per dwelling unit) 0.33 Trailer /mobile home parks (per trailer lot /space 1.00 Camper campgrounds (per camper site) 0.33 Hospital (per design bed) 0.66 Nursing /rest home (per design bed) 0.33 School with showers (per design student) 0.066 School without showers (per design student) 0.05 2. Policy for Payment of Connection Fees (Impact Fees): (a) The Customer shall certify to the San Antonio River Authority, on forms to be provided by the River Authority, the connection or connections that it desires to make to its local wastewater facilities. Simultaneously, the Customer shall tender to the River Authority its payment of all the connection fees (impact fees) for which certification has been made. (b) Upon acceptance of the Customer's certificate and payment, the River Authority shall issue its permit or permits to the Customer authorizing the making of the physical connection or connections. Remedy for Failure to Pay Connection Fees (Impact Fees): In the event that the Customer should permit a service line of any classification to be connected to its local wastewater facilities without payment of the appropriate connection fee (impact fee) to the River Authority, the River Authority shall be entitled to liquidated damages in the amount of One Hundred Dollars ($100) for any such unpaid connection fee (impact fee) in addition to the appropriate fee itself. 4. Balance Due Policy: Full payment of appropriate connection fees (impact fees) shall be made for all connections for which application is made on or after the date of execution of the agreement. Where only a portion of the wastewater connection fee (impact fee) has previously been paid to secure conditional connection approval, the balance due shall be the difference between the amount paid and the connection fee (impact fee) in effect at the time the balance is paid. DIAMETER OF SERVICE LINE q„ f C„ U� 8" O Service station 1X 2X 4X Swimming pool (commercial) 1X 2X 4X Office bldg. retail & convenience stores 1X 2X 4X Bowling alley 1X 2X 4X Theater, drive -in theater 1X 2X 4X Factory, industry — see also paragraph 1(b) hereof 1X 2X 4X Spectator stadium 1X 2X 4X Church 1X 2X 4X Restaurant 2X 4X 8X 2. Policy for Payment of Connection Fees (Impact Fees): (a) The Customer shall certify to the San Antonio River Authority, on forms to be provided by the River Authority, the connection or connections that it desires to make to its local wastewater facilities. Simultaneously, the Customer shall tender to the River Authority its payment of all the connection fees (impact fees) for which certification has been made. (b) Upon acceptance of the Customer's certificate and payment, the River Authority shall issue its permit or permits to the Customer authorizing the making of the physical connection or connections. Remedy for Failure to Pay Connection Fees (Impact Fees): In the event that the Customer should permit a service line of any classification to be connected to its local wastewater facilities without payment of the appropriate connection fee (impact fee) to the River Authority, the River Authority shall be entitled to liquidated damages in the amount of One Hundred Dollars ($100) for any such unpaid connection fee (impact fee) in addition to the appropriate fee itself. 4. Balance Due Policy: Full payment of appropriate connection fees (impact fees) shall be made for all connections for which application is made on or after the date of execution of the agreement. Where only a portion of the wastewater connection fee (impact fee) has previously been paid to secure conditional connection approval, the balance due shall be the difference between the amount paid and the connection fee (impact fee) in effect at the time the balance is paid. City of Schertz Schedule of Fees Sewer Rates - SARA Customers 1 2015 -16 2016 -17 Residential Rates (Single Family) Base Rate -per month $ 9.30 $ 12.97 Per 1,000 gal Charge, Per Month User Charge based on 100% of avg consumption mo. $ 4.98 $ 4.98 User avg. based on Nov, Dec, and Jan, min. 500 gals. All Other Customers Per 1,000 gal Charge, Per Month User Charge -based on 100% of water consumed $ 6.67 $ 7.79