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HomeMy WebLinkAboutOrdinance - 2007-O0010 - Amending Chapt. 28, Sections 28-52, 28-53 28-44Adding Sec. Water Rates - 01/12/2007First Reading January 12, 2007 Item No. 6.11 ORDINANCE NO. 2007--oOOlO Second Reading February 22, 2007 Item No. 6.3 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTIONS 28-52 AND 28-53 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK BY REVISING WATER RATES AS CONTAINED THEREIN; BY ADDING SECTION 28-61 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO VARIANCE AND APPEAL PROCEDURES REGARDING WATER RATES AND BILLING; BY AMENDING SECTION 28-44(h) OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE JURISDICTION OF THE WATER BOARD OF APPEALS; PROVIDING A SAVING CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to reflect the cost of service; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT Section 28-52 of the Code of Ordinances, City of Lubbock, Texas is hereby amended to read as follows: Section 28-52. Water Base Charge. The City, through the City Manager, shall charge and collect from every customer and every customer shall pay a monthly base charge for water which shall be billed to all customers based upon the water meter size as follows: Meter Size Three-quarter inch (3/4") meter One inch ( 1 ") meter One and a half inch ( 1.5") meter Two inch (2") meter Three inch (3") meter Four inch (4") meter Six inch (6") meter Eight inch (8") meter Ten inch (10") meter Water Base Charge $7.66 $12.79 $25.51 $40.83 $81.73 $127.69 $255.31 $408.51 $587.29 SECTION 2: THAT Section 28-53 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Section 28-53. Water Volume Rate Generally In addition to the base charge, the City, through the City Manager, shall determine the amount of water used by each customer through monthly meter readings and shall charge to and collect from every customer and every customer shall pay for water furnished by the City to the customer. The water furnished by the City shall be measured on a per one thousand (1,000) gallons basis and billed as follows: Block I -$2.09 per 1,000 gallons Block 2-$2.61 per 1,000 gallons Block 3 -$3.61 per 1,000 gallons a. Single Family Residential -The Block 1 volume is the amount of water used up to 100% of the Average Winter Consumption (AWC) of each respective customer's premises, the AWC being the average volume of water used as measured by the non-irrigation meter readings for the months of September, October, November, December, January and February, and updated in March of each respective year; the Block 2 volume is the amount of water used in addition to the Block 1 volume up to an additional 40,000 gallons; and the Block 3 volume is the volume of water used in excess of the Block 1 and Block 2 volumes. For new customers that do not have an A WC calculated for their service, an A WC of seven thousand (7 ,000) gallons shall be used for Block I volume purposes. b. Single Family Residential Irrigation -Does not include a Block 1 volume; the Block 2 volume of water is from 1,000 gallons used up to 40,000 gallons; and the Block 3 volume is the amount of water used in excess of the Block 2 volume. c. Multi-Family Residential, Commercial and Public -The Block 1 volume is the amount of water used up to 100% of the Average Winter Consumption (AWC) of each multi-family residential, commercial and public premises, respectively, the A WC being the average volume of water used as measured by the non-irrigation meter readings for the months of September, October, November, December, January and February, and updated in March of each respective year; the Block 2 volume is the amount of water used in addition to the Block 1 volume up to an additional 50% of the A WC (total of Block 1 and Block 2 is equal to 150% of the AWC); and the Block 3 volume is the amount of water used in excess of the Block 1 and Block 2 volumes. d. Non-Residential Irrigation-Does not include a Block 1 volume; the Block 2 volume of water shall be the average monthly use by all non- residential irrigation users by meter size for non-residential irrigation Water Rate Ordinance Page 2 of8 services. The Block 3 volume is the volume of water used in excess of Block 2 volume. e. Schools -All water used will be charged at a Block 1 rate. SECTION 3: THAT the Water Base Charge and Water Volume Rates as set forth in this Ordinance shall be effective April 1, 2007 for all classes of customers except Schools. The Water Base Charge and Water Volume Rates as set forth in this Ordinance as applicable to Schools shall be effective October 1, 2007. The Water Base Charge and Water Volume Rates currently in effect shall remain in effect until the effective date of the Water Base Charge and Water Volume Rates, as set forth herein. SECTION 4: THAT the Code of Ordinances of the City of Lubbock, Texas is hereby amended by adding a section, to be numbered 28-61, which said section shall read as follows: Section 28-61. Variance and Appeal (a). The Water Board of Appeals, as established in Section 28-44 of the Code of Ordinances of the City of Lubbock, may grant in writing a temporary variance determining the Average Winter Consumption (AWC) of a customer as prescribed in Section 28 -53 of the Code of Ordinances of the City of Lubbock above, in the event that it is determined by the Water Board of Appeals that failure to grant such variance would cause an emergency condition adversely effecting the health or sanitation, or would work an unnecessary hardship due to fundamental unfairness of the application of the A WC to the customer requesting the variance. Customers requesting a modification from the computation of the A WC, as set forth in Section 28-53 of the Code of Ordinances of the City of Lubbock, shall file a petition for variance with the Water Board of Appeals. All petitions for variances shall be reviewed by the Water Board of Appeals, and shall include, in addition to the information provided in Section 28-44 of the Code of Ordinances of the City of Lubbock, the following: l. Detailed statement as to how the City's computation of the AWC would cause an emergency condition adversely affecting the petitioner or fundamentally unfair to the petitioner. 2. Description of the relief requested. 3. Period of time for which the variance is sought. 4. Other pertinent information. Variances granted by the Water Board of Appeals shall be subject to the following condition: Water Rate Ordinance Page 3 of8 1. Variances granted shall expire on the later to occur of (i) the last day of the last month utilized to compute the A WC; or (ii)the implementation of the A WC, next following the granting of the variance by the Water Board of Appeals. (b). In the event that a customer disputes the accuracy of the City's billing for water, the customer may appeal such billing in accordance with the internal administrative procedures prescribed by the City Manager and/or his/her designee. The disputes shall be limited to situations or occurrences wherein actual inaccuracies in the quantity of water consumed by the customer and/or inaccuracies or errors in rates or fees billed for water are asserted. Examples of such situations or occurrences are (i) inaccurate meter readings; (ii) inaccurate rates and/or fees applied to such customer; and (iii) inaccurate volumes of water due to leaks, so long as the customer exercised reasonable diligence in the discovery and remediation of the leak. (c). In the event that a customer desires to appeal the decision of the internal administrative appeal process, the customer may appeal to the Water Board of Appeals, by making application within five (5) business days of the denial of the internal administrative appeal prescribed in subsection 28-6l(b) ofthe Code of Ordinances ofthe City of Lubbock. SECTION 5: THAT Section 28-44(h) of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows: Section 28-44. Landscaping Irrigation Systems (h) Board of Appeals. (1) Establishment. In order to determine the suitability of alternate materials and methods of construction and to provide for (i) reasonable interpretation of the provisions of Section 28-44; (ii) to determine exceptions to the requirements of subsections 28-45(a) and (b) of this Code; (iii) to determine variances to the requirements of the Water Use Management Plan -Drought and Emergency Contingency Plan and Water Conservation Plan, Section 28-1; and (iv) to determine variances to the requirements of the Average Winter Consumption and to determine appeals from the internal administrative appeals, both as provided in Section 28-61, there is hereby created a board of appeals, to be known as the Water Board of Appeals, consisting of seven (7) members who are qualified by experience and training to pass upon such matters and the City Manager or his/her designee being a non-voting ex officio member. The membership of the Water Board of Appeals shall include one or more representatives from the following named areas of expertise: a. A Licensed Irrigator Water Rate Ordinance Page 4 of8 b. A Landscape Architect c. A representative from the public education system d. A representative from the top one hundred (100) water users from the City water system e. A representative from water related governmental entities or authorities (such as Canadian River Municipal Water Authority, Brazos River Authority, High Plains Underground Water Conservation District Number 1, etc.) f. Two (2) Citizens of the City of Lubbock The Director of Water Utilities shall be the ex officio member and shall act as secretary for the Board. The Water Board of Appeals shall be appointed by the governing body of the City. The initial board members shall serve as follows: Three (3) members shall serve for a term of one (1) year and four (4) members shall serve for a term of two (2) years, said terms to be determined by the City Council of the City at the time of appointment. At the expiration of the terms of the initial board members, all terms shall be for two (2) years, or until such time as their successors are appointed. A simple majority of the Water Board of Appeals shall constitute a quorwn. (2) Scope. The Water Board of Appeals shall, except as provided herein, be subject to the rules and regulations as adopted by the Board of Appeals as set forth in Section 6-19 of the Code of Ordinances, regarding the conduct of its investigations, meetings, hearings, and rendering of all decisions and findings. (3) Jurisdiction. The Water Board of Appeals shall have the authority and is vested with the jurisdiction to hear and determine: a. Request for substitution of alternate systems from those provided in this Section 28-44 of the Code of Ordinances; b. Requests for exceptions to the watering times and/or conditions than that set forth in subsections 28-45(a) and 28-45(b) of the Code of Ordinances; c. Requests for variances to the requirements of the Water Use Management Plan -Drought and Emergency Contingency Plan set forth in subsection 28-l(b)(2); Water Rate Ordinance Page 5 of8 d. Request for variances to the computation of the Average Winter Consumption as set forth in Section 28-61(a); and e. Appeals from the internal administrative appeal procedure as set forth in subsections 28-61(b) and 28-6l(c). (4) Hearings. Application for hearings shall be as follows: a. The owner of property intending to install, alter, change, convert, repair or operate a landscape irrigation system on said property in conformance with pertinent governing ordinances of the City, shall in cases when compliance with such codes presents a practical difficulty or unnecessary hardship make written application to the Water Board of Appeals, on forms to be furnished by the Director of Water Utilities, for a recommendation of an alternate system or alternate watering times and/or conditions to that required by Sections 28-44, 28-45(a) or 28-45(b) of the Code of Ordinances. b. Each applicant for an alternate system to that prescribed by Section 28-44 of the Code of Ordinances shall, upon making such application, submit to the Water Board of Appeals sufficient technical data and other information to demonstrate that the new method or device is equivalent in quality, strength, effectiveness and safety to that prescribed in Section 28-44 of the Code of Ordinances. c. Each applicant for exceptions to the watering times and/or conditions to that prescribed by subsection 28-45(a) and 28-45(b) of the Code of Ordinances shall, upon making such application, submit to the Water Board of Appeals sufficient technical data and other information to demonstrate that due to special conditions, a literal enforcement of subsection 28-45(a) or 28-45(b) would result in uiUlecessary hardship and that the requested exception is not contrary to the public interest. The Water Board of Appeals may grant such exception subject to any conditions deemed necessary or advisable by the Water Board of Appeals. d. Each applicant for variance to the Water Use Management Plan - Drought and Emergency Contingency Plan and Water Conservation Plan, subsection 28-1 (b), shall, upon making such application, submit sufficient information and technical data, as described in subsection 28-1 (b )(2), to the Water Board of Appeals. The Water Board of Appeals may grant such variance upon findings as described in subsection 28-1 (b )(2), subject to any conditions deemed necessary or advisable by the Water Board of Appeals. Water Rate Ordinance Page 6 of8 e. Each applicant for variance to the computation of the Average Winter Consumption, Section 28-53, shall, upon making such application, submit sufficient information and technical data. as described in Section 28-61, to the Water Board of Appeals. The Water Board of Appeals may grant such variance upon findings as described in Section 28-61. f. Each party appealing the internal administrative appeal prescribed by subsection 28-6I(b) and 28-61(c) of the Code of Ordinances shall, upon making such appeal, submit to the Water Board of Appeals sufficient technical and factual data and any other information to demonstrate that the final decision by the internal administrative appeal is incorrect or in error. (5) Limitation of Authority. The Water Board of Appeals shall have no authority relative to interpretation of the administrative provisions or requirements as set forth in this Section 28-44 and 28-45, either expressed or by reference, nor, except as set forth herein, be empowered to waive requirements set forth in the Code of Ordinances. Notwithstanding the above, the Water Board of Appeals may grant exceptions to Section 28- 45(a) and/or Section 28-45(b) in the event appropriate findings as set forth in subsection 28-44(h)(4)(c), are made. SECTION 6: THAT the City Council finds and declares that sufficient written notice of the date, hour, place and subject of this meeting of the Council was posted at a designated place convenient to the public at the City Hall for the time required by law preceding this meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times. SECTION 7: THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 8: THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. Water Rate Ordinance Page 7 of8 AND IT IS SO ORDERED. Passed by the City Council on first reading this 12th day of Januarv Passed by the City Council on second reading this 21nl day of February ATTEST: APPROVED AS TO CONTENT: Thomas Adams, Deputy City Manager/Water Utilities Director Je Richard K. Casner, First Assistant Cit Attorney mi/CityAtt/Richard/Water Rate Ordinance A WC-2A-rdln accpt February 27, 2007 Water Rate Ordinance Page 8 of8 , 2007. 2007.