ORDINANCE NO. 1181  AN ORDINANCE OF THE CIIYCOUNCILOFTHE CITY OF GRAHAM, TEXAS ('CITY') AMENDING CHAPTER 25 'WATER AND SEWERS', SECTION 25-2-'SEWER CONNECTIONS- GENERALIM/SECTION: 25- 13-'WATER SERVICE CHARGES-GENERALL,AND: SECTION 25-16- SEWER SERVICE CHARGES' OF THE CODE OF ORDINANCES (AS AMENDED), TO PROVIDE, RESPECTIVELY, FOR: (A) AN INCREASE TO SEWER TAPPING FEES, (B) AN INCREASE TO WATER TAPPING EES.OANINCREASETO CHARGESI FOR WATER: SERVICEANDD) ANNCKEASETOCHARCESFORSTVESENVICE-FROVIDINCFOR CUMULATIVE PROVISIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION BY CAPTION; AND PROVIDING A PROVISIONAL EFFECTIVE DATE OF OCTOBER 15, WHEREAS, the City of Graham owns and operates a Water Supply System and a Wastewater WHEREAS, the aforesaid Systems are operated as municipal utilities and are financially structured to capture full cost-recovery ofall expenses related to the operation, maintenance, and WHEREAS,a formal rate study analysis was conducted during 2024, by a qualified consultant, at the behest of the City Council, and said analysis determined that the current charges for water and sewer tapping fees were not sufficient to meet the financial burden for full cost-recovery of WHEREAS, the aforementioned analysis determined that the current charges for water service were not sufficient to meet the financial burden for full cost-recovery of operation, maintenance, WHEREAS, the aforementioned analysis determined that the current charges for sewer service were not sufficient to meet the financial burden for full cost-recovery of operation, maintenance, and recapitalization oft the Wastewater Transmission and' Treatment System; and WHEREAS, the City is required to set fees and charges for the Water and Sewer Systems by WHEREAS, the City desires to amend Chapter 25 'Water and Sewers' oft the Codeof Ordinances,  2024.  (also known as' 'Sewer') Transmission and Treatment System; and  recapitalization ofsaid Systems; and  tapping services; and  andi recapitalization ofthe Water Supply System; and  ordinance; and  as amended, in the following manner: for sewer connections; and  Section 25-2 - 'Sewer commections-Genenaly shall be amended toi increase the charges  Page 1of7    Section 25-13 'Water service charges- Generally' shall be amended to increase the charges for water connections, increase the 'Base Charges for Water' per month, and increase the Section 25-16- 'Sewer service charges shall be amended toi increase the charges for water  Volumetric Water Charges' per 1,000 gallons of water usage; and  connections, increase the' 'Class l'and' 'Class 2' charges for sewer service; and  WHEREAS, the City finds itis in the public interest to amend the aforesaid Sections of the Code ofOrdinances, as amended, to provide for sufficient revenue to capture full cost-recovery ofall expenses related to the operation, maintenance, and recapitalization of the City's Water Supply System and the Wastewater (also known as 'Sewer') Transmission and Treatment System; NOW,THEREFORE, BEI ITORDAINED BYTHE CITY COUNCIL OF THE CITYOF  GRAHAM,TEXAS:  SECTIONI-FINDINGS OFI FACT  Thatt the facts andi matters set forth herein are hereby found to be true and correct and further, thatt the recitals contained in the preamble are true and correct and form a material  part ofthis Ordinance.  SECTION2-AMENDMENT  a. That Chapter 25' 'Water and Sewers', Section 25-2- 'Sewer comections-Genemaly of Subparagraphs (1) and (2) of this Section shall be deleted in their entirety and the "(I) Connection charge for a 4-inch or 6-inch connection (or smaller) shall be $1,315.00 (2) Connection charge for a connection size greater than 6-inch shall be the sum of the actual cost of all materials plus a flat labor charge of $765.00 per connection. (3)Alld connection fees shall be paid prior to installation oft the connection." (Ord. No. 198, $4,3-16-50, Ord. No. 503, $2,2-28-78; Ord. No. 568,$2, 11-5-81; Ord. No. 679,1 1, 12-8-88; Ord. No. 950,92,4-30-09, DANA.IBLRISADAD b. That Chapter 25 'Water and Sewers', Section 25-13-Water service charges-generally of the Code ofc Ordinances, as amended, shall be amended asi follows: i.1 The table at subparagraph b(c)(1) 'Tapping Fees' shall be deleted in its  the Code of Ordinances, as amended, shall be amended as follows:  following verbiage shall be added:  entirety andi replaced with the following table:  Page2of7    Meter Size for New Tap 3/4 inch or 5/8 inch 1 inch 11 1/2i inch 2i inch Larger than 2i inch Meter Change Out  Tapping Fee  $1,765.00 $1,865.00 $2,995.00 $3,095.00  Cost of meter/materials plus a flat labor charge of $765.00 per connection Allt tapping fees or change out fees must be paid prior toi installation.  Change Out Fee  Up-size or Downsize meter Cost of meter/materials  Note:  ii. The table at subparagraph b(c)(2) shall be deleted in its entirety and replaced  witht the following tables:  Table. A $28.34 $39.68 $51.01 $82.19 $239.47 $396.76 $495.95 $595.14 Negotiated Rate Table B $35.43 $49.60 $63.76 $102.74 $299.34 $495.95 $619.94 $743.93 Negotiated Rate  Residential and Commercial Customers Inside the City Limits  Meter Size 3/4 inch or 5/8 inch 1i inch 11/2i inch 2i inch 3i inch 4i inch 5i inch 6i inch Larger than 6i inch, or for a water supply system  Base Meter Charges (per month)  Residential and Commercial Outside the City Limits  Meter Size 3/4i inch or 5/8 inch linch 11/2 inch 2inch 3inch 4i inch 5i inch 6inch Larger than 61 inch, or for a water supply system Note  Base Meter Charges (per month)  Base meter charges do not apply to Wholesale and Water Supply System Customers  Page 3of7    iii. The table at subparagraph b(c)(3) shall be deleted in its entirety and replaced Volumetric Charges for Residential and Commercial Customers Inside the City  with the following tables:  Table C  Limits, Wholesale Customers, Bulk Water Customers, and  Water Supply System Customers  Water Volume or Type (US gallons)  Charges Per1 1,000 gallons used  1-4,000 4001-10,000 10,001 and greater Wholesale and Bulk Water (unlimited gallons) Water Supply System  $3.73 $5.30 $7.52 $6.02  Either Wholesale Rate orl Negotiated Rate, at  the discretion oft the City  Table D $4.66 $6.63 $9.40  Volumetric Charges for Customers Outside the City Limits  Water Volume or Type (US gallons)  Charges Per 1,000 gallons used  1-4,000 4001-10,000 10,001 and greater  (Ord. of3-22-57, $1; Ord. No. 503, $1,2-28-78; Ord. No. 568,$1,11-5-81; Ord. No. 902,91,9-29-05; Ord. No. 904,51, 11-22-05; Ord. No. 950, $1,4 4-30-09; Ord. No. 1134, 88 1,2,11-10-22 (preceding formerly referenced at Section 25-1) and (Ord.1 No. 287, $S 1,2, 6-8-61; Ord. No. 421,91,3-8-73; Ord. 430, $ 1,5-26-77; Ord. No. 541, $1 1,2-14-80; Ord. No. 614,$1, 10-18-84; Ord. No. 695,91,10-12-89; Ord. No. 705,91,10-1-90; Ord. No. 765,$2, 10-5-95; Ord. No. 851, $2, 9-19-02; Ord. No. 866, $2,9 9-18-03; Ord. No. 881,$2, 11-5-04; Ord. No. 929, $2, 9-20-07; Ord. No. 944, $1,9-26-08; Ord. No. 957,$1,1 10-15-09; Ord. No. 1010, $ 1,9-26-13; Ord. No. 1018, $ 1,5-22-14; Ord. No. 1030,$1,9 9-25-14; Ord. No. 1052,$1,9-8- 16; Ord. No. 1060, 5-15-17; Ord. No. 1064, 9-21-17; Ord. No. 1085, 4-18-19; Ord. No. 1100, $1,8 8-6-20; Ord. No. 1114,8 2, 9-30-21; Ord. No. 1143,$2,2-16-23, $2, Ordl No. 1163, 01-04-2024, OrdNo. 1181, 08-15-2024.52)" C. That Chapter 25 'Water and Sewers', Section 25-16' 'Sewer service charges' of the Code ofOrdinances, as amended, shall be deleted in its entirety, andi replaced with the  following verbiage:  "Section 25-16' 'Base Charges and Volumetric Charges for Sewer Services'.  Page 4 of7    (a) Charges for sewer services shall be applied to those persons or entities connected tot the city water system who also have as sewer tap. Ther monthly rates tol be charged for sewers service for classifications described in section 25-12 shall be as follows: Class 1-1 Residential. Twenty-eight dollars and eight cents ($28.08) per month for the first two thousand (2,000) gallons of water used, plus two dollars and seventy cents ($2.70) for each additional one thousand (1,000) gallons of water usage during the most recent months of January, February, and March; however, the maximum charge shall not exceed thirty-three dollars ($35.64) per month. New customers without history will be charged thirty-one dollars and eighty-six cents ($31.86) per month until a usage Class 2- Commercial (all other than residential, including apartment complexes). Twenty-eight dollars and eight cents ($28.08) per month for the first two thousand (2,000) gallons ofwateru used, plus two dollars ands seventy cents ($2.70) for each additional one thousand (1,000) gallons of water usage during the most recent months of January, February, and March. For Class 2 service, there is no set maximum monthly charge. New customers without history will be charged thirty-one dollars and eighty-six cents ($31.86) Note: Customers whose service address has multi-use zoning shall be charged at the Class 2 rate unless separate sewer taps are installed for the residential and commercial portions of the service address. In the event that separate taps are present, the classification of charges shall be based on the type of use of that portion of the service (b) The failure ofa customer to pay the rates and charges for sewer service within thirty (30) days after receipt of the statement of such charges shall empower the city with the authority, at its discretion, to discontinue or disconnect such sewer service and thereafter, the fee prescribed for the resumption of service shall be in accordance with (Ord. No. 262, $$:2,3,6 6-26-58; Ord. No. 309, $1,9-12-63; Ord. No. 452,93,2-20-75; Ord. No. 473, $6,5-27-76; Ord. No. 451,93,2-14-80; Ord. No. 563,93,5-7-81; Ord. No. 614, $3, 10-18-84; Ord. No. 688, $2, 8-17-89; Ord. No. 716, $2,1 10-3-91; Ord. No. 765,$3, 10-5-95; Ord. No. 851,93,9-19-02; Ord.1 No. 866, $3, 19-18-03; Ord. No. 880, $3,10-21-04; Ord. No. 929,94,9-20-07; Ord. No. 944,$4, 9-26-08; Ord. No. 957,82, 10-15-09; Ord. No. 965,$2,9-30-10; Ord. No. 1114,$2, 9-30-21 OrdNo. 1181,08-15-  history is established.  peri month until at usagel history is established.  address (i.e., residential, or commercial) which each tap serves.  Section 25-15 of the Code of Ordnances, as amended.  2024,S.2)"  SECTION3-CUMULATNVE PROVISIONS  Thatt this Ordinance shall be cumulative ofall other Ordinances of the City of Graham and shall noti repeal any oft the provisions of such ordinances, except as specified herein, and except in those instances where provisions ofsuch Ordinances are in direct  Page 5of7    conflict witht the provisions ofthis ordinançe.  SECTION 4-SAVINGS CLAUSE  That all rights or remedies ofthe City of Graham, Texas, are expressly saved as to any and all violations of the City Charter, City Code, or any amendments thereto that have accrued at the time oft the effective date ofthis Ordinance; and as to such accrued violations, and all pending litigation, both civil or criminal, same shall not be affected by this Ordinance buti may be prosecuted until final disposition byt the courts.  SECTIONS-SEVERABILITYCLAUSE  Thati iti 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 void, ineffective or unconstitutional by the valid judgement or decree ofany court of competent jurisdiction, such voidance, ineffectiveness or unconstitutionality shall not affect any ofthe remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same wouldhavel been enacted byt the Board ofAldermen without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or  section.  SECTION 6-1 PENALTY CLAUSE  That any person, firm, or corporation violating any of the terms and provisions of the ordinance shall be subject to the penalties proscribed herein and may be subject to additional fines andj penalties as provided in Section 117 of the City Charter.  SECTION 6-PUBLICATION BY CAPTION  Thatt the City Secretary ofthe City of Graham, Texasi is hereby directed toj publish the caption summarizing the purpose of this ordinance for two (2) days in the official newspaper of the City of Graham, Texas, as authorized by V.T.C.A.I Local Government  Code Subsection 52.013.  SECTION7-FFECTIVE DATE  This Ordinance shall take effect with on October 15, 2024, provided that, prior to said date, this Ordinancel has received three readings before the City Council of the City of Graham, as subsequent vote ofsamei indicated ai majority ini favor ofi its passage has occurred and further that, prior to said date, the caption of this Ordinance has been published in a newspaper of local circulation and on the City website, as1 required by governing law.  FIRSTREADING. DATE: SECONDREADINGDAIE:  JULY1 18,2024 Page 6of7    THIRD READING DATE:  READ,AND/ APPROVED ON FIRSTI READING/his the 18th day of. July, 2024.  / - Mayor  ATTEST:  F  ymani Buno Marci Bueno, City Secretary/Financial Officer  Page 7of7