MEMORANDUM TO: FROM: DATE: Mayor and City Council Jack Thompson City Manager September 18, 2024 SUBJECT: City Council Meeting Attached is your information packet for the Monday, September 23, 2024 City Council Meeting. If you have any questions about a particular item, please contact me. NOTICE OF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA GRANGE, TEXAS - Ta Grange In accordance with the provisions of the Texas Open Meetings Act, Chapter 551, Texas Government Code notice is hereby given that a Regular Meeting of the governing body of the City ofLa Grange, Texas, will be held on the 23rd dayo ofSeptember.2024 at 6:00P.M. in the City Hall Council Chambers at 155E. Colorado St., La Grange, Texas. I. CALL TO ORDER/ROLL CALL II. PLEDGE OF ALLEGIANCE "Ipledge allegiance to the flag of the United States of America and to the Republic for which it stands, one "Honor the Texas flag; Ipledge allegiance to thee, Texas, one state, under God, one and indivisible. " nation, under God, indivisible, with Liberty and. Justice for all. " III. INVOCATION IV. PUBLIC HEARINGS 1.Public Hearing on Zoning request from SBA Investment Group V. PRESENTATIONS/PROCLAMATIONS Pg.1 1. Presentation from Teresa Brown, Executive Director, of Gardenia E. Janssen Animal Shelter on their car 2. Report on Electric Department responsibilities and operations by Alfred Torres, Jr., Electric Department SUBJECTS TO BE CONSIDERED FOR DISCUSSION AND/OR ADOPTION, APPROVAL, AMENDMENI, RATIFICATION OR OTHER ACTION AT SUCH MEETING INCLUDE: show and concert benefit tol be held on November 2, 2024. Pg.5 Pg.8 Supervisor. VI. CONSENT AGENDA (The Consent Agenda includes non-controversial and routine items that the Council may act on with one single vote. The Mayor or a Councilmember may pull any item from the Consent Agenda in order that the Council discuss and act upon it individually as part oft the Regular agenda.) 1. Discuss and/or Consider approval of September 9, 2024 minutes. Pg.9 VII. REGULAR AGENDA 1. Discuss and/or Consider request from SBA Investment Group to rezone from Residential Zone to Commercial Zone on Tract 2 (2.248 acres) located at E. St. Hwy 71 Bypass and N. Von Minden Road. Pg.14 2. Discuss and/or Consider proposed street closures for National Night Out on October 15t, 2024. 3. Discuss and/or Consider proposed street closures for Trick or Treat on the Square on October3151. Pg.19 4. Discuss and/or Consider proposed street closures for Gardenia E. Janssen Animal Shelter Car Show/Concert 5. Discuss and/or Consider proposed street closures for Schmeckenfest on December 5th, 2024. Pg.16 Pg.21 Pg.26 benefit on November 2, 2024. 6. Discuss and/or Consider on Second Reading of an Ordinance levying Ad Valorem taxes for use ands support of the Municipal Government of the City of La Grange, Texas for the 2024-2025 Fiscal year; providing for apportioning each levy for specific purposes; providing when taxes shall become due and when same shall 7. Discuss and/or Consider adoption on Second Reading of an Ordinance amending the Code of Ordinances, City ofLa Grange, Texas, by adding an appendix, Appendix C, "Schedule of Rates, Fees, Deposits, Civil Penalties and Charges," thereby establishing a centralized location within the Code of Ordinances for all become delinquent ifnotj paid; providing for the levy and collection of occupation taxes. Pg.28 Rates, Fees, Deposits, Civil Penalties and Charge for city services and utilities. Pg.32 VIII. 1. Airport Board 3. Library Board 4. Main Street Board 5. Tax Appraisal Board IX. STAFF UPDATES Review of Current issues and projects Utility Usage Reports Sales Tax Collection Reports CITY COUNCIL COMMITTEE/BOARDSADVISORY REPORTS 2. La Grange Economic Development Corporation Pg.71 Pg.73 X. CITIZEN PARTICIPATION: (Registration forms are available on table as you enter the City Council Chambers. This form should be completed and delivered to the City Secretary prior to 6:00 p.m. TheCity Council will receive the information, ask staff to look into the matter, or place the issue on a futurea agenda. Topicsof operational concerns shall be directed to the City Manager.) XI. ITEMS OF COMMUNITY INTEREST Items of community interest include expressions of thanks, congratulations, or condolence; information regarding holiday schedules; honorary recognitions ofcity officials, employees, or citizens; reminders about upcoming events sponsored by the City or other entity that is scheduled to be attended by a city official or employee; and amnouncements involving imminent threats to the public health and. safety. XII. EXECUTIVE SESSION The Council will meet in closed. Executive Session as authorized by the listedsection(s) ofThe Open. Meetings Act, Section 551, Texas Government Code, to discuss the following matters: Section (551.074) Personnel Matters 1. City Manager Performance evaluation The Council may take final action on any of the before mentioned matters while convened in open session pursuant to Chapter 551 ofthe Texas Government Code; it may also take certain action in executive session on competitive electric matters pursuant to Section 551.086. The Council may also meet in closed Executive Session, pursuant to Section 551.071, to receive advice from legal counsel (consultation with attorney) on any items listed ini this notice. XIII. ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact, Janet Bayer at 979/968-5805 at least two (2) work days prior to the meeting SO that appropriate More information on the above listed matters is available from the City of La Grange - Office of the City arrangements can be made. Manager at 979/968-5805. Posted at 4:15P.M. on this the 19th day of September, 2024. A Bass Janet Bayer, City Secretary La Grange City Council DEPARIMENT MEMO Ta Grange Staff Contact: E-mail: Phone: Meeting Date: September 23, 2024 Agenda Item: Public Hearing #1 Janet Bayer, City Secretary srtr@etvolecon 979-968-5805 SUBJECT: Hold aj public hearing on Zoning request from SBA Investment Group SUMMARY The City ofI La Grange received a request on July 17,2024, from Brandon Schielack, Managing Partner of SBA Investment Group Inc, to rezone property referred to as Tract 2 (2.248 acres) located at E. St] Hwy 71 Bypass and The SBA Investment Group is wanting to use this property to create a facility for youth sports activities and N. Von Minden Road from Residential Zone to Commercial Zone. commercial office (retail). space. PRIOR ACTIONINPUT (Council, Boards. Committees) The Zoning Commission held al Public Hearing meeting on. August 27,2024, at 5:15 p.m.in thel La Grange Council Chambers for property owners to voice their opinions on whether they were for or against this request. This Notice of Public Hearing was published in the Fayette County Record on Tuesday, September 3rd as seen ini the attachment. RECOMMENDATION N/A FINANCIAL! IMPACT None ATTACHMENTS Rezoning Request Letter from Property Owner Notice of Public Hearing post in the Fayette County Record Plat of Tract 2 -1- SBA Investment Group INC 625 Panorama La Grange, Tx78945 July 17, 2024 City ofl La Grange 155 E Colorado Street La Grange, Tx 78945 To City ofLa Grange, This letter is asking for rezoning of property. Current: 1. ABSA A028 CARSON WM H 1/4 LG,Lot 2, 2.248 acres a. Property ID: Part of 116275 & Part of 116274 b.s Dimension: 2.248 acres Physical Address: HWY 71 & VON MINDEN RDI LA GRANGE, TX Proposed 1. Lot2 2: Rezone Commercial (2.248 acres) a. Intended Use: commercial office and/or retail Current Owners names are SBA Investment Group INC owned by Stuart, Brandon, and Alex Schielack. Contact information: SBA Investment Group INC, 625 Panorama Dr., La Grange, Tx78945, 979-966-3911. Thank you./, A Brandon Schielack City of La Grange currently has copies of final plat. Managing Partner, SBA Investment Group INC -2- TheF Fayette County Record, Tuesday, September3, 2024 C1 YEARS Classified Deadlines: Tuesday paper. Fridays at1 10a.m. Fridayp paper- Tuesday at) 10a.m. Call Tol Place An Advertisement RENTALS: OFFICE SEARCHING FOR 5163. couple deer doelspil pul reezert his seaso PECAN GROVE 281)7 BIGBUCKS. EFHICIENCYGARAGE APARTMENT ORRENT MEDICARE CLASSIFIEDS Classifiedy Wordh Rates: 15v less $9.75 for thef firstrun, cach additionalv wordis654. Regular Display rates:) 1x2-$24,1 1x3-$36,2:2-$48 PHONE: (979)9 968-3155 tdacpwe HANTED EMPLOYMENT EMPLOYMENTE PIZZLESOLUTION PUZZLESOLUTION Big Creek Construction hasi immediatej jobo openingsfor Equipment Operatorsii int the Gonzales, TX andLaG Grange, TXareaso onF FM7 794. Applyo online wmagensmactinum Positions Available Tab,P Position #29. (5-10c) EDE, MINORTIES, VETERANSEI WOMENA AREENCOURAGED1 TOAPPLY Gray Leyacy Services EXCITINGN NEWC OPPORTUNITIES AVAILABLE! MOWI HIRNGI no our LAGRANGE arcal localion Thsirther solvtionfor TMedical & FTMedical Assistant Transport COME JOIH OURI TEAML 979.968.8820 409775 SinlaGrange, SPORTS MEMORABILIA COMPANY INLAG GRANGE ISI HIRING PUZZLE SOLUTION EEL LE Fridayspiazle. egayette MEMORIAL FUNERAL HOHELCIEMATORY Pre-anmgements Afordable! servicesa fmeralp aailable. paciageravailable On-silec cremafory. PUBLIC NOTICESIE beprovided, City of LGI Public Hearing on Rezoning Request PUBLICI HEARING SBAI InvestmentG Group CityCouncilw publichearingon: September? at6:00PM. LaGrangeClyCounci ESLHwy7 Bypass ChambervciyHal aNVonMinden Rd. 155EColoradoSimet Courtry LaGrange,T Texas 49-he) Leaky Boot Applies IIVESTOCKHAY For TABC Permit Noticeishercby piveniaa accordancey with the termsa and LOOKING provislonsofthe TexaxAlcoholic BeverageCoded chatl Leaky Boothasfledn application forN Mixed Bevernge. Call(979 (979) TOLEASE Said busineset to be conducted at2 250N N. FMI 154, Muk doon(Fayette County, TX7 78949, PASTURE Leaky Boot, LLCdba: Leaky Boot (28-240 FORCATTLE, Chariess Schultz- Manager. S-1704-A (979)716-7150 Boyd Kelley. WEEREN STORAGE 979-968-9450 1534E. Hwy. 159 LaGrange, MiniStorage, Classifieds Deliver! Call9 979-968-3155. SERVICES 5D LAND SERVIÇES EMPLOYMENT SERVICES HOME RESTORATION: isrequestingr rezoningof propertyf from Zoningto Cominercialz Zoningo onTraci 2(2.248 ocres)! (87-1e) Lead SERVICES MLOSLANDSCAPING: Genent Welding-MON minga removal. General cleaning 979) 551-1976 Juio Mendoza. FIKNTHNGS:C Carpeniry. painling. Contact:Tara repein, mainlenanoa. Experienced, (3-4135-6c) COMPUTERS SERVICE. Roundlop FOR (832) 660-3856. (68-c3-) muich, tin vess, ore. (281)382-3710. (978)702-1972. 43-tinc) HOLLES HOMEMAKNG, helpy hone Nle! Including move windows, krand Elicensed (979)530-3174. JOSE'ST TRE ming, venience. (979)4 451-5869 (979) GOOOY wOOD Paleis 551-0225. (78-9p) TOPSOL, MUSHROOM composi, lomany Trucking (979) 242- 5203or WÇ SERVICES DEMOLITIONS CLAYTONCHILD 979.338.9418 (86-2) DOUBLECCO DISPOSAL relable, ressonable. (979)247-4200. 979.966.3193 Small Taxing UnitN Notice 41z., TheFavettec meeling am. on Distridwill 2024 at255 Svobodel ratefortaxy year 2024. Theproposedt (-e perS100ofvalue. Colby Thepr proposedtaxraley wouldincrease! tolalta taxesinthe Fayelte County Conservation Districtby5.9%. Theproposedta taxr ratelsd decreased fromi lasty year'stax rate. hepublicn meeling. RVSMOBILEHONES SMOBIL LEHOMES NEEDE EXTRA CASHII? ?77 BUY RVs & MOBILE HOMES Travel Trailers 5th Wheels Goosenecks. Bumper Pulls NoTtle- 979.338.9241 CHADCHLDS * CLAYTONCHDS Dozer guipment Scraper ExcavatorServices LandClearing Shaping Eugineread. Pad: Kevin! Karstedt Sluedding Cel$79.366.2703 9 LGrangé.Texas7 Lone Star Repair slumpgrinding. (979)733-2290 cow HAY $55, delivey PUPPYFORSALE Pleasey cleaning. FORSALLS rvicesW REUSE BN InAnyAreal!! Old/Newll DirtyorClean'!! AnyCondition!! REDUCE IPAY CASH 956-466-7001 EC YCLE CanApplyForC One INST.#:24-00474 Vol:3 Page:359 Rodney, Kaltswasser Shelby Weyand 0500 Ac. (Deed) 0,607 Ac. (Oeed) Vol.1372. Pg. 445 Vol. 1998, Pg: 264 FC,OR. 581.30' Lorry Dovis 0.500 Ac. (Deed FCOR Vol. 861, Pg: 468 ECOR 5a90722 Gory Diers Vol 898, Pg 551 FCOR. PLACE OF COMMENCEMENT 0,520 Ac, (Deed) /BEGIMNING M 13,890,631.25 E 2,641,450,84 5 Dale Gaywood 110 AC (Deed), Vol 1274P9.7 FCOR SaFARO'E 209.63 asement LOT 1 5.244 ACRES GTIIE City 40 3 le LOT - 2.248 ACRES N731926W 335.58 TRACT2 Speer andi Best Subdivision! 3.026 Ac. Vol 2.Pg 320 Plat Records $787307'E 311.511 A gresbyess 320 222.99 James - 3.00_Ac Vol. F.COR. 49E N70P4256V Shonnon Juno 0.760 AC (Deed) Vol, 1433. Pg. 716 FCOR ly & X Pond. Glen Pape. et al 1.945 Ac (Deed) Vol. 739. Pg 140 FCOR MS0'49'42"w 137.91 Ted Sedlar 16AC. (Deed), Vol 1119, Pgil F.COR. Heiferdust Haspitolity Inci 1.623 Ac (Deed) Vol. 1299, Pg. 312 FCOR. RO.W. STATE HIGWWAY 71 (Variable widih right-of-way) PLAT SHOWING THE SURVEY AND SUBDIVISION OF 7.492 ACRES SITUATED IN THE JOHN H. MOORE 1/2 LEAGUE, A-71, AND THE WM. H. CARSON 1/4 LEAGUE, A-28, IN FAYETTE COUNTY, TEXAS, ALSO BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF LA GRANGE, AND BEING "TRACT 1" OF SPEER 8 BEST SUBDIVISION, ACORDING TO THE PLAT RECORDED IN VOLUME 2, PAGE 320 OF THE PLAT RECORDS OF FAYETTE COUNTY, AND BEING THAT SAME THAT TRACT DESCRBED AS 7.492 ACRES IN A DEED FROM CecG INVESTMENETS, ET AL, TO SBA INVESTMENT GROUP, ENC., DATED APRIL 11, 2023 AND RECORDED IN VOLUME 2095, PAGE 286 OF THE OFFICIAL RECORDS OF FAYETTE COUNTY Prepared for: SBA INVESTM. 4- GROUP, INC. Prepared loy: BEFCO ENGINEERING, INC. 641 Panoran ive La Grange lexas 78945 n Rav 615 La Grange City Council DEPARTMENT MEMO Grange Ta Staff Contact: E-mail: Phone: Meeting Date: September 23, 2024 Janet Bayer, City Secretary yertary@ctyotgcon 979-968-5805 Agenda Item: Presentations #1 SUBJECT: Presentation from Teresa Brown, Executive Director, of Gardenia E. Janssen Animal Shelter on the car show and concert benefit to be held on November 2, 2024. SUMMARY Teresa Brown will give details on the Gardenia E. Janssen Animal Shelter First Annual Car Show and Concert Benefit to be held on Saturday, November 2nd, 2024, on the square in downtown La Grange. Car Show Truck Raffle Chili Cook Off Concert Fashion Show PRIOR ACTION/INPUT (Council, Boards. Committees) N/A RECOMMENDATION N/A FINANCIAL IMPACT N/A ATTACHMENTS Event Flyer Car Show Details /Truck Raffle QR Code -5- TCB Thic Crown Bar Presents: o0t + The Gardeniaf. etuanssen AND Animal Sheiter FIRST ANNUAL a 164-Dogs 0900 GARS DOWNTOWN Rockabily Fashion LA GRANGE SQUARE NOVEMBER 2 +STARTS AT 11 AM y Event - Poster Art: T.Kiumpp umperalive8ymalicom a -6- November 2, 2024-11:00 AM-3:00PM Car Registration and parking - opensat8:00 Car Show for The Gardenia. Janssen Animal Shelter First Annual Gardenia Janssen Animal Shelter Car Show & Chili Cook Off. Cool Cats & Sly Dogs Get your chance to win!! Scan the QR code for all the details on the car: show and this cool truck! Resto-mod" 1955 F-100 pickup. A great driver featuring a 302 V-8 motor backed by a strong automatic transmission. It has a "tilt" hood when open. Cold A/C for those hot Texas back road trips. Thisisa fun classic Ford truck. Please help support the Gardenia Janssen. Animal Shelter and enter for a chance to win this Classic truck forj just $25.00. It's a win either way! Streets reopen at 5:00 -7- Co La La Grange City Council DEPARTMENT MEMO Grange Staff Contact: E-mail: Phone: Meetimg Date: September 23, 2024 Agenda Item: Presentations #2 Alfred Torres, Jr. atores@eityotig.com 979-249-6275 SUBJECT: Report on Electric Department responsibilities and operations by Alfred Torres, Jr, Electric Department Supervisor. SUMMARY responsibilities. Staff will give al brief presentation to the City Council on the Electric Department andi its Number of personnel Overview on Distribution System Routine maintenance On Call Duties. RORACTOMNETLGa Boards. Committees) N/A RECOMMENDATION N/A MANCIALIMPACT N/A ATTACHMENTS None 8- La Grange City Council DEPARTMENT MEMO Ta Grange Staff Contact: E-mail: Phone: Meeting Date: September 23, 2024 Janet Bayer, City Secretary ivectary@ctyotig.on 979-968-5805 Agenda Item: Consent Agenda #1 SUBJECT: Discuss and/or Consider approval of September 9, 2024 minutes SUMMARY Consider approval of September 9, 2024 minutes as presented. PRIORACTIONINPUT (Council, Boards, Committees) N/A RECOMMENDATION Statfrecommends: approval oft the minutes as presented; council consideration is respectfully requested. IMANCIALIMPACT None ATTACHMENTS Draft Minutes -9- DRAFT REGULAR COUNCIL MEETING- September r9,2024 The City Council oft the City ofLa Grange met in Regular Session on Monday, September 9,2024, in the City Hall Council Chambers at 1551 E. Colorado Street with the following members present: Mayor Jan Dockery, Mayor Pro tem Kathy Weishuhn, Councilmember Bonnie Busch, Councilmember Bryan Kerr, Councilmember Kim Newton, Councilmember Ken Taylor, and Councilmember Violet Zbranek. Councilmembers Arthur Bosque and Katie Gross were absent. Staff present: City Manager Jack Thompson, Assistant City Manager Frank Menefee, City Attorney Marie Angela Flores Beck, City Secretary Janet Bayer, Finance Director Brett Wolff, and Chiefo of] Police David Gilbreath. Visitors: Teresa Von Rosenberg, Pastor Ed Murphy, Connie Sellers, and Matt Myers with Waste Management. Flags. Pastor Ed Murphy with New) Life Methodist Church gave the invocation. Mayor Jan Dockery called the meeting to order. Next were pledges to the US and' Texas PRESENTATIONSPROCLAMATIONS Mayor Dockery issued a Proclamation recognizing September 11, 2024, as Stop and Remember -S 9/11 National Moment of Remembrance, in the City ofLa Grange. PUBLIC HEARINGS The next item on the agenda is the Public Hearing on FY 2024-2025 Proposed Tax Rate. The Public Hearing was opened by Mayor Dockery at 6:05 P.M. As part oft the annual budget process, the City ofLa Grange is required to hold a public hearing on setting the proposed tax rate. Staffi is proposing to set the tax rate at $0.18022, which is higher than the no-new revenue tax rate of $0.17381. The proposed rate is less than the current FY 2023-2024 adopted tax rate of $0.18668. There being no comments from the public, the Public Hearing was closed at 6:061 P.M. CONSENT AGENDA presented. Motion carried 6-0. Discuss and/or consider approval of August 26, 2024 minutes. Motion Mayor Pro tem Weishuhn, Second Councilmember Taylor to approve the August 26, 2024, minutes as Discuss and/or consider appointment(s) to the Main Street Advisory Board. The Main Street Advisory Board requested a youth member be appointed to the Main Street Advisory Board to fill the vacancy ofKylie Zbranek upon her graduation. Ella Nygren is recommended to serve as a Youth Board Member. Upon the vacancy from the resignation of Board Member Paula Lewallen, the Main Street Advisory Board recommends Coy Heinrich to fill the remainder oft the term. Motion Mayor Pro tem Weishuhn, Second Councilmember Busch to approve the Main Street Advisory Board Member appointments as presented. Motion carried 6-0. REGULAR AGENDA The first item was to discuss and/or consider on First Reading of an Ordinance levying Ad Valorem taxes for use and support of the Municipal Government oft the City of La Grange, Texas for the 2024-2025 Fiscal year; providing for apportioning each levy for specific purposes; providing when taxes shall become due and when same shall become delinquent if not paid; providing for the levy and collection of occupation taxes. Motion Mayor Pro tem Weishuhn, -10-. DRAFT Second Councilmember Taylor to approve this Ordinance on First Reading. Aroll call vote was taken: Councilmember Bosque absent, Councilmember Busch for, Councilmember Gross absent, Councilmember Kerr for, Councilmember Newton for, Councilmember Taylor for, Mayor Pro tem Weishuhn for, and Councilmember Zbranek for. Motion carried 6-0. The next item was to discuss and/or consider a November 2024 Rate Adjustment Calculation and Request from Waste Management. Based on the City's Municipal Solid Waste Agreement with Waste Management ofTexas, Inc, they conduct an annual review ofc costs and can make ai rate adjustment of up to 5%. For Fiscal Year 2024-2025, WM 's adjustment is a 2.45% increase, which will take affect November 1,2024. WMI has made a written request foran additional increase of2.55% to offset their operational costs. This request is due to an increase in cost off fuel, driver's wages and vehicle maintenance. Motion Mayor Pro tem Weishuhn, Second Councilmember Kerr to approve the 2.45% rate adjustment from Waste Management but deny the additional increase of2.55% rate request. Motion carried 6-0. The next item was to discuss and/or consider proposed street closures for Oktoberfest on the Square on October 5, 2024. The Rotary Club ofLa Grange is requesting permission for the closing oft the inner parking area by the north entrance oft the courthouse on Colorado Street in downtown La Grange for the safety oft the public to accommodate Oktobertest to be held Saturday, October 5th. Motion Mayor Pro tem Weishuhn, Second Councilmember Busch to approve closing a section of Colorado Street for Oktoberfest starting at 5:00pm on the Friday before the event. Motion carried 6-0. The next item was to discuss and/or consider al Resolution cancelling the October 14, 2024 City Council meeting. October 14thi is a council approved city holiday, Columbus Day. In thej past, council has cancelled meetings that fall on city adopted holidays. Motion Councilmember Taylor, Second Councilmember Newton to approve the Resolution cancelling the October 14th council meeting. Motion carried 6-0. The next item was to discuss and/or consider adoption on First Reading of an ordinance amending the Code of Ordinances, City ofLa Grange, Texas, by adding an appendix, Appendix C, - "Schedule of Rates, Fees, Deposits, Civil Penalties and Charges," thereby establishing a centralized location within the Code-ofOrdinances for all Rates, Fees, Deposits, Civil Penalties and Charges for city services and utilities. Motion Mayor Pro tem Weishuhn, Second Councilmember Zbranek to approve this Ordinance on First Reading adding Appendix C. A roll call vote was taken: Councilmember Bosque absent, Councilmember Busch for, Councilmember Gross absent, Councilmember Kerr for, Councilmember Newton for, Councilmember Taylor for, Mayor Pro tem Weishuhn for, and Councilmember Zbranek for. Motion carried 6-0. The next item was to discuss and/or consider on Second Reading ofa an Ordinancer making appropriations for the support of the City ofLa Grange for the fiscal year beginning October 1, 2024, and ending September 30, 2025; appropriating money to a sinking fund toj pay interest and principal due on the City'si indebtedness; and adopting the annual budget oft the City ofLa Grange for the 2024-2025 fiscal year which includes the General Fund, the Utility Enterprise Fund, and the La Grange Economic Development Corporation Budget. Motion Mayor Pro tem Weishuhn, Second Councilmember Zbranek to approve this Ordinance on Second Reading. A -11-. DRAFT roll call vote was taken: Councilmember Bosque absent, Councilmember Busch for, Councilmember Gross absent, Councilmember Kerr for, Councilmember Newton for, Councilmember Taylor for, Mayor Pro tem Weishuhn for, and Councilmember Zbranek for. Motion carried 6-0. The next item was to discuss and/or consider a Cyber Liability and Data Breach Response Interlocal Agreement with the Texas Municipal League Intergovernmental Risk Pool. The TML Board of Trustees recently created a new Cyber Fund and approved changes to the Risk Pool's coverage structure, effective October 1, 2024. Members must elect to continue coverage or "opt- in" by entering into an Interlocal Agreement with TML. Motion Councilmember Kerr, Second Councilmember Taylor to approve the Interlocal Agreement with TML Intergovernmental Risk Pool. Motion carried 6-0. Next was a report on the Tourism Grant Committee discussion and consideration of Allocation of Tourism Funds. The Tourism Grant Committee reviewed and considered five (5) requests for funding under the Tourism Grant Program. The following applicants were recommended for funding - Fayette County Fair Association $10,000 for marketing expenses, Rotary Club of La Grange $5,000 for advertsingpromoting Oktoberfest on October 5th, Texas Czech Heritage and Cultural Center $8,000 for marketing Heritage Festival and Muziky on October 18-19, Friends of Kreische Brewery and Monument Hill $5,000 for advertising Trail of Lights in December 2024, and Texas Quilt Museum $5,000 for marketing, promotion of the arts from October1- - December 31, 2024. A Motion was made by Mayor Pro tem Weishuhn, Second Councilmember Taylor to approve funding five (5) applicants at total of$33,000 under the Tourism Grant Program for the August 29"application deadline. Motion carried 6-0. City Council CommiteBoardAdiony Reports Councilmember Taylor gave the 2023 tax collection statistics for the City ofLa Grange as per the Fayette County Tax Appraisal District. The City ofLa Grange had a collection rate of 98.09% collecting $873,535.00 in property taxes out of$ $892,875.00 in assessed property tax values. Staff Updates ChiefDavid Gilbreath stated there were 343 calls for service in August. There were 121 citations issued and 66 warnings. 9 traffic accidents occurred in August. City Manager Thompson stated the roofers for the City Hall Plaza canopy should be starting work next week and they estimate the entire project to be complete by the end of this month. City Manager Thompson and other city staff attended Retail Live recently in Austin looking to attract potential new businesses to our downtown district. Citizen Participation Under Citizen Participation, Connie Sellers and Teresa von Rosenberg spoke. Items of Community Interest -12- DRAFT City Secretary Bayer invited everyone to the St. Wenceslaus Catholic Church Drive Thru fried chicken and sausage meal in Holman on Sunday, September 15th beginning at 10:30 am. Councilmember Newton invited everyone to Camp Tejas this Sunday, September 15th for Family Fun Day from 3-7 pm "Free" activities include swimming pool, adventure tower with zip lines, rock wall climbing, and burgers served from 5-6 pm. Donations received will benefit Feed the Need. Councilmember Zbranek invited everyone out to Country Music Opry on Monday, September 16th for the Hank Williams Sr. tribute at the KC Hall. At 6:46 PM as pursuant to Section (551.074) Personnel Matters, City Manager Section (551.072) Real Property, review and discuss Contract of Sale to acquire commercial real property located in John H. Moore, City ofLa Grange, Texas, the La Grange City Performance evaluation AND Council went into Closed Executive Session. At 8:26 PM, City Council went into Open Session. As pursuant to Section (551.072) Real Property. Discuss and/or Consider approval of Contract of Sale to acquire commercial real property in John H. Moore, City ofLa Grange, Texas. Motion Mayor Pro Tem Weishuhn, Second Councilmember. Kerr to approve the Contract of Sale to acquire commercial real property in John H. Moore, City ofLa Grange, Texas, as discussed in Executive Session. Motion carried 5-0-1 with Councimember Zbranek abstaining. Councilmember Taylor that the meeting be adjourned. Motion carried 6-0. At 8:27 PM a Motion was made by Mayor Pro tem Weishuhn, with a Second by Janet Bayer, City Secretary These Minutes Approved by City Council on: Jan Dockery, Mayor -13-. La Grange Zoning Commission DEPARTMENT MEMO Grange Ta Staff Contact: E-mail: Phome: Meetimg Date: September 23, 2024 Agenda Item: Regular Item #1 Mary Goerig, Assistant City Secretary mgpeng@ctyotg.com 979-968-5805 SUBJECT: Discuss and/or Consider request from SBA Investment Group to rezone from Residential Zone to Commercial Zone on Tract 2 (2.248 acres) located E. St] Hwy 71 Bypass and N. Von Minden Road. SUMMARY The City ofLa Grange has received a request from SBA Investment Group to rezone from Residential Zone to Commercial Zone on Tract 2 (2.248 acres) located atl E. St Hwy 71 Bypass and N. Von Minden Road. The SBA Investment Group is wanting to use this property to create a facility for youth sports activities and professional office space. PRIOR ACTION/INPUT (Council, Boards. Committees) AI letter was sent to eight (8) property owners within a 200' radius of the address. Four (4) letters were in favorofhaving the: zoning changed and four (4) letters were not returned. There was aj posted Zoning Commission Public Hearing meeting on August 27, 2024, at 5:15 p.m.in the La Grange Council Chambers forj property owners to voice their opinions on whether they were for or against this request. A Notice ofPublic Hearing was published in the Fayette County Record on Tuesday, September 3, 2024, for September 231d, at 6:00 pm. RECOMMENDATION The Zoning Commission's unanimous recommendation of approval has been referred to the City Council and the City Council will have the final decision as to whether they will approve the zoning for that property. After the public hearing on September 23, 2024, the City Council will consider on rezoning the property from Residential to Commercial. FINANCIALIMPACT None ATTACHMENTS Zoning Commission Report and Recommendation -14- REPORT AND RECOMMENDATION TO: FROM: DATE: RE: Mayor and City Council Members Debbie Busch, Chair, City ofLa Grange Zoning Commission August 27, 2024 Commission Public Hearing and Meeting August 29, 2024 The Zoning Commission ofthe City ofLa Grange met in Special Session on Tuesday, August 27,2024. Board Members present: Debbie Busch- Chair, Cliff Giese, Chris Jernigan, Travis Ulrich, and Janet Moerbe. Staffp present: Assistant City Secretary Mary Goerig, City Manager Jack Thompson, Assistant City Manager Frank Menefee Jr, City Secretary Janet Bayer. Visitors: James Dolezal & Brandon Schielack. After hearing from Brandon Schielack, representing SBA Investment Group, on wanting to change the zoning from Residential to Commercial Zone and his plans to build a new building for youth sports activities and professional office space, the Zoning Commission voted unanimously to recommend to the City Council that the zoning be changed from Residential to Commercial Zoning with Chair Debbie Busch abstaining. The Commission further recommended that City staff publish notice of Public Hearing for September 23, 2024, in the Fayette County Record prior to the regular city council meeting on that date in accordance with the Zoning Ordinance. Cc: Mr.Jack Thompson, City Manager Ms. Janet Bayer, City Secretary Mrs. Maria Angela Flores Beck, City Attorney -15- La Grange Council - Ta City Grange DEPARTMENT MEMO Staff Contact: E-mail: Phome: Meeting Date: September 23,2024 Agenda Item: Regular Agenda #2 Chief David Gilbreath chet@cityotg.com 968-5806 SUBJECT: Discuss and/or Consider proposed street closures for National Night Out on the Square on Tuesday, October 1st, 2024. SUMMARY The City of La Grange Police Department is requesting permission for the closing of the following parking section to accommodate National Night Out on the Square (Tuesday, October 1st, 2024) for the safety oft the public. 1. The inner parking area by the north entrance oft the courthouse along Colorado Street, which will be utilized for the Event Tent. They would like to begin blocking off the proposed section ofthe street at 5:00 pm on Tuesday, October 1st. PRIOR ACTION/NPUT (Coumcil, Boards, Committees) N/A RECOMMENDATION Authorize La Grange Police Department and Citizens on Patrol Volunteers to block off the proposed section of Colorado Street for National Night Out on the Square 2024. IMANCIALIMPACT None ATTACHMENTS Map National Night Out Flyer -16- 8 o u - 0 a 6 Ti 8 1U 3 8 Da - - a -17- bungups 151N.Washington: St, Lagrenge, TX7B945 Location: 799477.-94.20817 - Pait Gourmet Shoppi QE OKAEAEES - - 351 WWashingtonsl Lagrange, TX73945 u OWAFIS TShelf OSHERERE - 00: MAftlans, Sonsoals Ba -18- La Grange City Council DEPARTMENT MEMO Ta Grange Staff Contact: E-mail: Phone: Caleb Parks, Main Street Manager parks@etyotg.com 968-3017 Meeting Date: September 23, 2024 Agenda Item: Regular Agenda #3 SUBJECT: Discuss and/or Consider proposed street closures for Trick or Treat on the Square on October 315t. SUMMARY The Advisory Board of La Grange Main Street is requesting permission for the closing of the following street sections to accommodate Trick or Treat on the Square (Thursday, October 31st, 2024) for the safety oft the public. 1. The entry ofl North Washington Street at Travis 2. 100 & 200 blocks of West Colorado Street at Hwy 77 North to the intersection of 3. Travis Street (Hwy 71 Business) from Hwy 77 West to Brown Street. Traffic will be detoured one block south along West Crockett Street to South Brown Street, then 4. One half of the 200 block ofNorth Washington Street to the Prosperity Bank parking North Washington. back onto Travis Street. lote entrance. The Board would like to begin blocking off the proposed streets at 3:30 pm for Trick or Treat on the Square. PRIOR ACTIONANPUT (Council, Boards, Committees) N/A RECOMMENDATION Authorize the Main Street Advisory board and stafft to block off the proposed street sections for Trick or Treat on the Square 2024 FINANCIAL IMPACT None ATTACHMENTS Map of] Proposed Street Closures and Detour Route -19- a E 3 - e W - O - 9 I E -20- La Grange City Council DEPARIMENT MEMO Ta Grange Staff Contact: E-mail: Phone: Meeting Date: September 23, 2024 Agenda Item: Regular Agenda #4 4 City Secretary Janet Bayer bayer@eityofig.com 979-968-5805 SUBJECT: Discuss and/or Consider proposed street closures for Gardenia E. Janssen Animal Shelter Car Show/Concert benefit on November 2nd, 2024. SUMMARY Teresa Brown, Executive Director, of Gardenia E. Janssen Animal Shelter is requesting permission for the closing of the following parking sections to accommodate the Car Show and Benefit Concert around the downtown square to bel held on Saturday, November 2nd, 2024, for the safety oft the public. 1. The inner parking areas surrounding all four (4) sides oft the courthouse 2. S. Washington Street from Hwy. 71 to W.L LaFayette Street 3. S.I Main Street from Hwy. 71 to W. LaFayette Street 4. E.C Colorado Street from S. Water Street to Hwy 77 They would like to begin blocking off the proposed sections of the square and streets at 8:00 a.m. on Saturday, November 2nd PRIOR ACTION/INPUT (Council. Boards. Committees) N/A RECOMMENDATION Authorize the proposed closures for the Animal Shelter Car Show/Concert on the Square on November 2, 2024, from 8:00 a.m. until 5:00 p.m. FINANCIAL IMPACT None ATTACHMENTS Mass Gathering Permit Car Show Map -21- Mass Gathering Permit Appplication Tol bei filed at least 45 days before the mass gathering date. eoa Form must be complete in ies entiretv. Incomplete forms will be reiected. Permit Application Type? Single Event Event Series Annuai Event Ist this event held by a non-profit organization? Y or N IFYES, what isy your taxi identification number: 74-2726459 Type ofr mass gathering? (circle) OFestival O)Concert Odrcus/Camival Memorial Service Owedding Ochurch OFuneral Oo/ayova or OTHER (Must specify): Car Show Promoters Name: Teresa Brown Primary Phone: 979,966.0021 Company: Gardenia E. Janssen Animal Sheller Address: 240 Svoboda Lane, La Grange, Tx 78945 Secondary Phone: 979 702 8008 Location ofMass Gathering: Address: LG square, courthouse lawn and adjoining streets Description ofl location (consider attaching a diagram and/or areal map): Cily ofLa Grange, Tx- the 'square' area and the Fayette County Courthousel Lawn Property Owner Name: Address: Phone: MUST ATTACH: Executed copy of agreement between the promoter and the property owner. Event time from: 10 am/pm on 11,2_/24 until 6 am/pm on 11,2_/24 Expected number of attendees: 1,000 Maximum # of persons the promoter will allow to attend: 1,000 Plan to limit attendance to that number: N/A -22- Performers: Passing Strangers The Georges Description of steps to ensure minimum health/sanitation standards: We are in contact with Josh Vandever and Frank Menefee with regards to on-site ors strand by personnel Description of preparations for traffic control: See attached map. Traffic control for Bus hwy 71. Description of preparations made to provide adequate medical/nursing care: Description of preparations made to supervise minors who may attend the mass gathering: When agplication is fully completed, turn into the City Secretary at 155 E.Colorado St., La Grange, Texas 78945 -23- FOR OPICE USE ONLY: La Grange Police Departmene: - JApproved or Denied Sy: Nare: Signature: Date: 19 Notes: Madesa Hu Fook - AAGa ax A3 adg. Emergency! Management Coordinator: Approved or Denied By: Name: Frpak Mennfre Signature: laak Me Date: 87/31124 Notes: La Grange Fire Department: Approved or Denied By: Name: Frankexeke Signature: ekMhe Date: 07/31124 Notes: -24- 2 SANS SMRNS OPAR -25- La Grange City Council DEPARTMENT MIEMO Grange Ta Staff Comtact: E-mail: Phone: Caleb Parks, Main Street Manager parks@etyottg,com 968-3017 Meetimg Date: September 23, 2024 Agenda Item: Regular. Agenda # 5 SUBJECT: Discuss and/or Consider proposed street closures for Schmeckenfest on Thursday, December 5th. SUMMARY of the The Advisory Board of La Grange Main Street is requesting permission for the closing following street sections to accommodate Schmeckenfest (Thursday, December 5th, 2024) for the safety oft the public. 1. The entry ofNorth Washington Street at Travis 2. 100 & 200 blocks of West Colorado Street at Hwy 77 North to the intersection of 3. Travis Street (Hwy 71 Business) from Hwy 77 West to Brown Street. Traffic will be detoured one block south along West Crockett Street to South Brown Street, then 4. One half of the 200 block ofNorth Washington Street to the Prosperity Bank parking North Washington. back onto Travis Street. lot entrance. The Board would like to begin blocking off the proposed streets at 4:00 pm for Schmeckenfest. NORACTOMINETGNaN Boards. Committees) N/A RECOMMENDATION Schmeckenfest 2024 FINANCIAL IMPACT None ATTACHMENTS Authorize the Main Street Advisory board and staff to block off the proposed street sections for Map of Proposed Street Closures and Detour Route -26- a @ 8 E f 8 @ a d L C 3 E La Grange City Council DEPARTMENT MEMO Grange Ta Staff Comtact: E-mail: Phome: Meeting Date: September 23, 2024 Agenda Item: Regular Agenda # 6 Jack Thompson, City Manager thompson@etyong.com 968-5805 SUBJECT: Discuss and/or Consider on Second Reading of an Ordinance levying Ad Valorem taxes for use and support oft the Municipal Government oft the City of La Grange, Texas for the 2024-2025 Fiscal year; providing for apportioning each levy for specific purposes; providing when taxes shall become due and when same shall become delinquent ifnot paid; providing fori the levy and collection ofc occupation taxes. SUMMARY Staffis presenting for the City Council consideration an ordinance establishing the tax rate to support the Fiscal Year 2024- - 2025 annual budget. Aj property tax rate of$0.18022 pers $100 valuation is proposed to fund the FY 2024- 2025 annual budget. The Maintenance & Operation Rate is $0.12093 per $100 valuation and the Debt Rate is $0.05929 per $100 valuation. PRIOR ACTION/INPUT (Council, Boards, Committees) City Council approved Ordinance 24-03 (Tax Ordinance) on. First Reading on September 9, 2024. RECOMMENDATION Staff recommend adoption. FINANCIALI IMPACT ATTACHMENTS Ordinance 24-03 -28- No.24-03 AN ORDINANCE LEVYING AD VALOREM TAXES FOR USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF LA GRANGE, TEXAS, FOR THE 2024-2025 FISCAL YEAR; PROVIDING FOR APPORTIONING EACH LEVY FOR SPECIFIC PURPOSES; PROVIDING WHEN TAXES SHALL BECOME DUE AND WHEN SAME SHALL BECOME DELNQUENTIFNOTFAID: PROVIDING FORTHELEVY, AND BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA SECTION 1: That there is hereby levied and there shall be collected for the use and support ofthe municipal government ofthe City ofLa Grange, Texas, and to provide an Interest and Sinking Fund for the 2024-2025 fiscal year, upon all property, real, personal and mixed, within the corporate limits of said City subject to taxation, a tax of$.18022 on each $100.00 valuation of property, said tax being sO levied and COLLECTION OF OCCUPATIONTAXES. GRANGE, TEXAS: apportioned to the specific purposes here set forth: 1. For the maintenance and support of the general government (General Fund), $.12093 on each $100.00 taxable valuation of property; and 2. For the Interest & Sinking Fund, $.05929 on each $100.00 taxable valuation of property. 3. The total tax rate of $.18022 on each $100.00 taxable valuation of property is 3.69 percent above the no new revenue tax rate of $.17381 per $100.00 taxable valuation of property. SECTION 2: THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. The tax rate will decrease for maintenance and operations on a $100,000 home by 1 -29- approximately $.77 cents ($121.70 less $120.93). Last year's tax maintenance and operations rate was $.12170. The total tax rate for last year was .18668. SECTION 3: The taxes levied under this ordinance shall be due October 1, 2024, and if not paid on or before January 31, 2025, shall immediately become delinquent. SECTION 4: That all taxes shall become a lien upon the property against which assessed, and the Fayette County Tax Appraisal District is hereby authorized and empowered to enforce the collection of such taxes according to the Constitution and laws ofthe State ofTexas and Ordinances of the City ofLa Grange, Texas. The Fayette County Tax Appraisal District, by virtue of the tax rolls certified, is hereby authorized and empowered to fix and establish a lien by levying upon such property, whether real, personal or mixed, for payment ofs said taxes, penalty and interest, and, the interest and penalty collected from such delinquent taxes shall be apportioned to the General Fund of the City of La Grange, Texas. All delinquent taxes shall bear interest from date of delinquency at the rate prescribed by state law. SECTION5 5: That, to the extent permitted by law, there is hereby levied, and its shall be the duty of the Tax Collector of the City ofI La Grange, Texas, to assess and collect from every person pursuing any occupation now or hereafter taxed by the general laws oft the State an annual occupation tax, an amount not to exceed one-half ofsaid annual occupation tax levied by the State ofTexas. PASSED AND APPROVED on the First Reading hereof on this the gwday of September, 2024, with 6 Councilmembers voting in favor hereof and 0 Councilmembers voting in opposition hereof. 2 -30- PASSED AND APPROVED on the Second Reading hereof on this the 23rd day of September, 2024, with Councilmembers voting in favor hereofand Councilmembers voting in opposition hereof. City ofLa Grange, Texas By: Jan Dockery, Mayor Attest: Janet Bayer, City Secretary Approved As to Form: Maria Angela Flores Beck, City. Attorney 3 -31- La Grange City Council DEPARTMENT MEMO Grange Ta Staff Meeting Date: September 23, 2024 Contact: Agenda Item: Regular Agenda #7 E-mail: Angela Beck, City Attorney maeinfangelabecavptficacom 979-968-8491 Phome: SUBJECT: Discuss and/or Consider adoption on Second Reading of an Ordinance amending the Code of Ordinances, City of La Grange, Texas, by adding an appendix, Appendix C, "Schedule of Rates, Fees, Deposits, Civil Penalties and Charges," thereby establishing a centralized location within the Code of Ordinances for all Rates, Fees, Deposits, Civil Penalties and Charge for city services and utilities. SUMMARY The City Manager requested that the City Attorney draft an ordinance amending the Code of Ordinances to establish an Appendix C where all rates, fees, deposits, civil penalties and charges currently within multiple articles of the Code of Ordinances would become centralized in the Appendix. The Ordinance attached does that and will further amend the utilities rates int the Code ofOrdinances by increasing them sO that they reflect the increases used for your FY24-25 budget. This Appendix C Ordinance further establishes new city planner fees ($250) and city engineer fees ($350) wherever: the city must review and approve building plans and subdivision plats. These fees would be borne by the permit applicant or subdivision developer. PRIOR ACTION/INPUT (Council, Boards. Committees) Proposed Ordinance was circulated to Council at the August 26, 2024 regular City Council meeting. Ordinance 24-04 was passed on First Reading on September 9,2024. RECOMMENDATION City Manager and City Attorney recommend adoption. NANCIALIMPACT None ATTACHMENTS: Ordinance 24-04 -32- ORDINANCE NO. 24-04 AN ORDINANCE AMENDING THE CITY OF LA GRANGE, TEXAS CODEOFORDINANCES BY ADDING AN APPENDIX, APPENDIX C,"SCHEDULE OF RATES, FEES, DEPOSITS, CIVIL PENALTIES AND CHARGES," THEREBY ESTABLISHING A CENTRALIZED LOCATION WITHIN THE CODE OF ORDINANCES FOR ALL RATES, FEES, DEPOSITS, CIVIL PENALTIES AND CHARGES PREVIOUSLY ESTABLISHED BY ORDINANCES OF THE CITY OF LA GRANGE, TEXAS; AND BY AMENDING CERTAIN SECTIONS IN CHAPTER 13 RELATING TO WATER, SEWER, ELECTRIC AND SOLID WASTE RATES BY INCREASING ALL SUCH BASE AND/OR CONSUMPTION RATES OF SAID UTILITIES, AS REFLECTED IN THE FY24-25 BUDGET; AMENDING SEC. 3.02.004 PERMIT FEES FOR MOVINGASTRUCTURE TO ADDA PERMIT FEE FOR MOVING MOBILE HOME OR MANUFACTURED HOME; AMENDING THE CODE OF ORDINANCES BY ESTABLISHING CITY PLANNER FEES OF TWO HUNDRED FIFTY DOLLARS ($250.00) AND CITY ENGINEER FEES OF THREE HUNDRED FIFTY DOLLARS ($350.00) WHEREVER THE CITY IS REQUIRED TO REVIEW SITE PLANS OR PLATS, SUCH FEES TO BE PAID BY THE PERMIT APPLICANT OR DEVELOPER; PROVIDING THAT THIS ORDINANCE BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has brought to the City Council's attention that the current methodology of setting any increase of rates, fees, deposits, civil penalties and charges within specific sections of the governing codes is cumbersome and requires unnecessarily burdensome drafting when the City Council desires to make changes to those rates, fees, deposits, civil penalties and charges by requiring that entire sections of those applicable codes be amended, as opposed to only amending the rates, fees, deposits, and charges that the Council may desire to change in the future if set forth in an Appendix; and WHEREAS, the process for citizens searching for specific rates, fees, deposits, civil penalties and charges is likewise cumbersome and the City Council agrees with the recommendation of the City Manager that the process of amending and searching for rates, fees, deposits, civil penalties and charges should be simplified by organizing all rates, fees, deposits, civil penalties and charges in an Appendix to the Code of Ordinances; and 1 -33- WHEREAS, the City Council finds that such simplified organization of rates, fees, deposits, civil penalties and charges will be beneficial to the citizens of La Grange and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Section 1. The Code of Ordinances, be, and it hereby, amended by adding an Appendix thereto enttled"APPENDIX C- SCHEDULE C OFR RATES, FEES, DEPOSITS, CIVIL PENALTIES businesses doing business with the city. LA GRANGE, TEXAS: AND CHARGES" to hereafter read as follows: APPENDIX C- SCHEDULE OF RATES, FEES, DEPOSITS, CIVIL PENALTIES AND CHARGES The following are the schedule of rates, fees, deposits, civil penalties and charges set by the City Council: 1. Chapter 2, Article 2.02 Dogs and Cats Sec. 2.02.002 Registration; tag (a)Annual registration fee for each dog or cat, male or female, over the age of four (4) months is three dollars ($3.00) due from each owner or harborer, payable on March of each year and effective until the last day of the following (b)Charge of one dollar ($1.00) for the replacement of each lost tag issued to the February. owner or harborer on initial registration. 2. Chapter 3, Building Regulations, Article 3.02 Building Code Sec. 3.02.004 Permit (a). Any provisions contained within the building code adopted in this section, as amended, in effect and in force in the city, setting permit fees to the contrary notwithstanding, permit fees within the city shall be levied and charged as fees. follows: (1), Residential construction. (A) Base permit fee: $25.00. (B) New/Addition: foot. (C) Remodel: foot. () Project area per square foot: Base permit fee plus price per square (l) Per square foot: $0.40. () Project area per square foot: Base permit fee plus price per square (i) Per square foot: $0.30. 2 -34- (D) Acesoy/arpotvsorage () Base permit fee: $25.00. (ii)Per square foot: $0.40. (i) Project area per square foot: Base permit fee plus price per square (E) Fee schedule for the minimum number ofi inspections listed below. Each may require additional inspections depending upon the size of the foot. project: () Roof: $75.00. (i) Siding: $75.00: (ii) Insulation: $75.00. (2). Commercial construction. (iv) Fence: $25.00 plus $0.10 per linear foot. (A) When the cost of labor and materials does not exceed one hundred dollars ($100.00), no fee shall be required, unless an inspection is necessary, in which case there shall be a twenty-five dollars ($25.00) (B) When the cost of labor and materials isi in excess of one hundred dollars ($100.00) and up to and including fifteen thousand dollars ($15,000.00), the fee shall be eight dollars ($8.00) per thousand or (C) When the cost of labor and materials is in excess of fifteen thousand dollars ($15,000.00) up to and including one hundred thousand dollars ($100,000.00) the fee shall be one hundred forty-five dollars ($145.00) for the first fifteen thousand, plus five dollars ($5.00) for each (D) When the cost of labor and materials is over one hundred thousand dollars ($100,000.00) up to and including five hundred thousand dollars ($500,000.00), the fee shall be five hundred seventy dollars ($570.00) for the first one hundred thousand, plus two dollars ($2.00) for each (E) When the cost of labor and materials is over five hundred thousand dollars ($500,000.00) up to and including one million dollars ($1,000,000.00), the fee shall be one thousand three hundred seventy dollars ($1,370.00) for the first five hundred thousand, plus seventy- five cents ($0.75) for each additional thousand or fraction thereof. (F) When the cost of labor and materials is over one million dollars ($1,000,000.00), the fee shall be one thousand eight hundred seventy dollars ($1,870.00) for the first million, plus fifty cents ($0.50) for each fee. fraction thereof. additional thousand or fraction thereof. additional thousand or fraction thereof. additional thousand or fraction thereof. 3 -35- (b) When moving of a structure, including moving in a double-wide mobile home or manufactured home, whether inside or outside a mobile home park, and the inspection thereof is involved, the inspection fee shall be seventy-five (C)F For the purposes oft the International Building Code, "other improvements'shal include, but is not limited to, structures, parking lots, sidewalks, swimming pools, fences, electrical work, natural gas installation, plumbing, air- conaitioning/heating, streets, curb and gutter, driveways, carports, garages, buildings, mobile homes, manufactured homes, and signs. Structural specifications shall be as defined by the wnerarcnteengne, which shall (d) Plans must accompany residential permit applications. Plans must accompany commercial building permit applications for buildings valued at $1,000.00 or over. No permit becomes valid until plans are checked and approved by the building official, the city planner and the city engineer. Plan-checking fees and permit fees must be paid at the time the application for a building permit is made. Plan-checking fees shall be ten (10) percent of the cost of the commercial building permit, but in no case less than twenty-five dollars ($25.00), plus two hundred fifty dollars ($250.00) for the city planner and three hundred fifty dollars ($350.00) for the city engineer. Plan-checking fees shall be twenty cents ($0.20) per square foot for residential building permits plus two hundred fifty dollars ($250.00) for the city planner and three hundred fifty (e) When a permit is required and work has begun prior to obtaining said permit, the fees specified above will be doubled. Payment will not relieve any person from not complying with the requirements of the city's code in the execution dollars ($75.00). be submitted at time of application. dollars ($350.00) for the city engineer. of the work nor from any other penalties herein. 3. Chapter 3, Building Regulations, Article 3.03 Electricity, Division 4, Permits and Inspections Sec. 3.03.115 Plans and specifications required for certain installations Sec. 3.03.115 Plans and specifications required for certain installations; city Ifa any proposed building valued at thirty-five thousand dollars ($35,000.00) or more, or having a proposed connected load of twenty-five (25) KVA or more, is to be served by the city electric system, plans and specifications prepared by a registered professional electrical engineer must be submitted before any permit will be issued for electrical work therein. This section shall apply to residential, commercial or industrial construction, or additions or improvements thereto, plus two hundred fifty dollars ($250.00) for the city planner and three hundred fifty and Sec. 03.03.116 Fees. planner and engineer fees required. dollars ($350.00) for the city engineer. 4 -36- (a)Fees for the permit and inspections required by this division shall be collected by the city at the time of issuing the permit. The permit and inspection fees shall be as follows: (1)Base permit fee: $15.00. (3) Meter loop: $3.75. heater: $2.00. (2)Outlet, 120V (switches, light, plugs): $ 0.75. (4) Attic fan or ceiling heater, 120V: $3.75; Additional attic fan or ceiling (5) Electric heaters, hot water heaters: $3.75; Additional heaters: $2.00. (6) Electric heating or air conditioning outlets, 240V, single-phase: $3.75 additional outlets, 240V: $2.00. (7) Neon signs: $7.50. (8) Ranges and range combinations: $7.50. 240V or higher, three-phase: $3.75. 120V or 240V, single-phase: $2.00. Lighting transformers: (A)Single-phase: $3.75. )Three-phase: $7.50. (C) Reinspection: $10.00. Trailer hook-up: $7.50. Dryers: $3.75. point: $7.50. (9) Electric motors, 240V or higher, three-phase: $7.50. Additional motors, (10) Electric motors, 120V or 240V, single-phase: $3.75. Additional motors, (11) (12) (13) (14) Central air conditioning and heat: $15.00. (15) For any other electrical inspection not enumerated, for each inspection (b)Additional Site plan fees. Two hundred fifty dollars ($250.00) for the city planner and three hundred fifty dollars ($350.00) for the city engineer. (c) When additional outlets or more power requirements are to be installed than called for on the permit issued, the permit shall be taken to the city, who will add the additional items, if permissible, and shall collect the additional permit and inspection fees. The additions must be noted on the electrical inspector's (d)For all inspection trips in excess of two (2) or whenever reinspection is necessary of any electric facility that has been red tagged by the electrical (e)All permit and inspection fees collected by reason of this section shall be paid into the city's general fund, to be disposed of as the city council may direct copy of the permit at the same time. inspector, the scheduled inspection fee shall be charged. from time to time. 5 -37- 4. Chapter 3, Building Regulations, Article 3.03 Electricity, Division 4, Permits and When, for good and sufficient cause, it is necessary to have electricity turned on in any installation before the final certificate provided for in this division can be issued, the electrical inspector may, if all parts to which current is to be applied are in safe and satisfactory condition, authorize a temporary permit to be issued for period of thirty (30) days, provided the applicant for the temporary service pays to the city, at time of making application, a fee of seventy-five cents ($0.75). 5. Chapter 3, Building Regulations, Article 3.04 Plumbing, Division 2 Plumbing Code The permit and inspection fees provided in this section shall be paid to the city before the issuance of a permit and before any work is started as follows: (2)For each plumbing fixture or trap or set of fixtures of one (1) trap, including Inspections Sec. 3.03.120. Temporary permit. Sec.3.04.032 Permit and inspection fees. (1)Base permit fee: $15.00. water and drainage piping: $4.00. (A) For each house sewer: $7.50. (4) For each water heater and/or vent: $3.75. (3) (B) For each house sewer having to be replaced or repaired: $7.50. (5) For installation of water piping and treating equipment: $7.50. (6) Sewer: $7.50. (7) Lawn sprinkler system inspection: (A) 1-15 sprinkler heads: $15.00. (B) 16-50 sprinkler heads: $30.00. (C)51-100 sprinkler heads: $60.00. (D) Over 100 sprinkler heads: $75.00. (E) Price will be doubled for fire sprinklers. (9) For any other item not enumerated above: $3.75. (8) For reinspection: $10.00. 6. Chapter 3, Building Regulations, Article 3.04 Plumbing, Division 3 Cross- Connection Control Program Sec.3.04.064. Enforcement; penalty Notwithstanding the provisions of Division 3, Art. 3.04 to the contrary, if: (1)A person has received actual notice of the provisions of division 3 Art 3.04; (2)After the person received notice of the provisions of division 3, Art. 3.04, such person committed or continued acts in violation of division 3, Art. 3.04 or failed and 6 -38- to take action necessary for compliance with division 3, Art. 3.04, the city attorney may institute suit against the owner, occupant or manager of premises that are in violation of division 3, Art. 3.04, to recover a civil penalty not to exceed $1,000.00 per day for each such violation. Each day or fraction thereof that such noncompliance continues shall constitute a separate violation for which civil penalties shall accrue under this division. Water service may be discontinued if violations are not corrected within five (5) days of notification by the assistant city manager or his designee. Services discontinued under such Circumstances shall be restored only upon the payment of a reconnection charge, hereby established at $100.00, and any other cost incurred by the city in discontinuing service. A suit for civil penalties hereunder shall not prevent nor be a prerequisite for taking any other action against a person in violation of division 3, Art. 3.04. Such suit may also include therein a request for such other and further relief as the city attorney shall deem advisable, including, without limitation, an action for injunction or claim for damages to recover expenses, loss or damage to city property occasioned by reason of such violation. Permit Fees 7. Chapter 3, Building Regulations, Article 3.05 Mechanical Code Sec. 3.05.002. The Mechanical permit fees shall be as follows: (1) Base permit fee: $15.00. (2) Central heat and A/C units: $15.00 per T (ton). (3) Refrigeration units, each: $7.50. (4) Forced air systems, each: $4.50. (5) Gravity systems, each: $4.50. (6) Floor systems, each: $4.50. (7) Wall heater, each: $1.50. (8) Unit heater, each: $3.00. (9) Evaporative cooler, each: $1.50. (10) Clothes dryer, each: $1.50. (11) Ventilation fans, each: $0.75. (12) Range hood, each: $1.50. (13) Air handling unit, each: $3.00. (14) Incinerator, each: $3.00. (15) Commercial hood: $3.00. (16) Reinspection, each: $10.00. (17) For any other item not enumerated above: $3.00. 7 -39- 8. Chapter 3, Building Regulations, Article 3.06 Fuel Gas Code Sec. 3.06.006. Permit The permit and inspection fees provided in section 3.06 shall be paid to the city before the issuance of a permit and before any work is started. The fees shall be and inspection fees as follows: (1) Base permit fee: $15.00. (2) Wall heater: $3.00. (3) Vent heater: $3.00. (4) Dryer: $3.00. (5) Hot water heater: $3.00. (6) Oven: $3.00. (7) Central heating: $3.00. (8) For each gas piping system, per outlet: $3.00. (9) For each trailer and mobile home hook-up: $7.50. (10) For any other item not enumerated above: $3.00. (11) For reinspection: $10.00. 3.10.006. Permit fee. by the city council. 9. Chapter 3, Building Regulations, Article 3.10 Wireless Transmission Facilities Sec. (a)T The annual fee for a wireless transmission facilities permit shall be established (b)Additional site plan fees due at time of application for permit. Two hundred fifty dollars ($250.00) for the city planner and three hundred fifty dollars ($350.00) for the city engineer. 10. Chapter 3, Building Regulations, Article 3.13 Mobile Homes, Mobile Home Parks and Recreational Vehicle Parks Division 1 Mobile homes or manufactured homes outside of licensed parks Sec. 3.13.002, Mobile homes or manufactured homes Mobile homes or manufactured homes outside licensed parks shall conform to the It shall be legal for an individual to utilize a doublewide mobile home or manufactured home as a residence within the city as long as that person has previously obtained the permit from the city in accordance with Sec. 3.13.002, subsection (3) of the Code of Ordinances, and all other applicable zoning and building ordinances of the city, including but not limited to residential construction 11. Chapter 3, Building Regulations, Article 3.13 Mobile Home and Manufactured outside of licensed parks. following requirements: building permit fees. Home Parks Division 2 Part II Sec. 3.13.072 License Fees 8 -40- (a) An annual license fee shall be charged for each mobile home park in the city, with such fee to be based upon the number of spaces in such mobile home park, to be charged as follows: Number of Spaces 2 to 10 spaces 11 to5 50 spaces 51 to 100 spaces 101 to 150 spaces License Fee $50.00 $100.00 $150.00 $200.00 The fee shall be payable annually on or prior to January 1 of each year for which the license is to be granted. Any license granted during the calendar year shall be charged as if granted on January 1 of that calendar year and shall be for the (b)The fee for transfer of a license shall be twenty-five dollars ($25.00). (c) Additional Site plan fees. Two hundred fifty dollars ($250.00) for the city planner and three hundred fifty dollars ($350.00) for the city engineer. 12. Chapter 3, Building Regulations, Article 3.13 Recreational Vehicle Parks Division 3 (a)An annual license fee shall be charged for each RV park in the city, with such fee to be based upon the number of spaces in such recreational vehicle park, balance of that calendar year. Part II Sec. 3.13.152 License Fees to be charged as follows: Number of Spaces 2to 10 spaces 11to50 spaces 51 to 100 spaces 101 to 150 spaces License Fee $50.00 $100.00 $150.00 $200.00 (b) Additional Site plan fees. Two hundred fifty dollars ($250.00) for the city planner and three hundred fifty dollars ($350.00) for the city engineer. 13.Chapter 3, Building Regulations, Article 3.14 Streets, Sidewalks and other Public Places, Division 4, Sidewalks, Curbs and Gutters Sec. 3.14.117 Time for completion of work; liquidated damages. 9 -41- The contractor shall state in his bid, which becomes part of the contract, the time in which he agrees to complete the work. The city shall be entitled to collect as liquidated damages the sum of twenty dollars ($20.00) for each day after the stated time is up, until the work is satisfactorily completed. The city may hold or deduct the amount due on this account from any estimates which may be due or may become due the contractor. 14.Chapter 4, Business Regulations, Article 4.02, Alcoholic Beverages Sec. 4.02.002. (a)Except as otherwise provided by the Texas Alcoholic Beverage Code, each holder of a state permit issued pursuant to the provisions of the Alcoholic Beverage Code shall pay to the city a fee equal to one-half the fee paid to the (b)Except as otherwise provided by the Texas Alcoholic Beverage Code, each holder of a state license issued pursuant to the provisions of the Alcoholic Beverage Code shall pay to the city a fee equal to one-half the fee paid the (c) All fees levied by this section shall be due and payable at the time at which the License and permit fees. state for such permit. state for such license. state license fee and permit fee is due. 15.Chapter 4, Business Regulations, Article 4.03, Oil and Gas Wells, Division 2, Permit (a)Any person desiring to drill a well for oil and/or gas within the corporate limits shall present an application for such purpose in duplicate to the city secretary, which application shall contain or have attached the following: (1) The application shall be accompanied by a cashier's check payable to the city in the sum of two thousand dollars ($2,000.00) plus an amount determined by the city manager as is necessary to retain the services of a geologist, geophysicist and/or petroleum engineer to study the application for conformity to the highest safety standards in the drilling thereof and for inspection of the well not only during drilling but upon completion of same and installation of Sec.4.03.042. Contents of application; application fee. storage facilities. 16.Chapter 4, Business Regulations, Article 4.03, Oil and Gas Wells, Division 2, Sec. The bond shall be in a form in accordance with Sec. 4.03.048, Code of Ordinances, and acceptable to the city council and shall be in the amount of one hundred 4.03.048. Permit Bond requirements. thousand dollars ($100,000.00). 10 -42- 17. Chapter 4, Business Regulations, Article 4.03, Oil and Gas Wells, Division 2, Sec. The permit required by Art. 4.03, Code of Ordinances, shall not be issued until the applicant shall also file with the city secretary a memorandum copy ofa a policy of public liability and property damage insurance, issued by a solvent insurance company authorized to do business in the state, to be approved by the city secretary. The amount of the policy of insurance for liability for bodily injury or death of one (1) person shall not be less than two hundred thousand dollars ($200,000.00), and for any one (1) accident not less than five hundred thousand dollars ($500,000.00), and the amount of such policy for damage to property of others shall not be less than five hundred thousand dollars ($500,000.00). The applicant shall also file with the city excess or "umbrella" coverage over and above the foregoing basic coverage in the amount of ten million dollars $10,000,000.00). The terms and conditions of such policy covering such operations are to be such as to assure persons against loss by liability imposed by law by reason of an accidental personal injury or death to any person other than the assured or his employees, or by reason of any such loss or damage to property of any person other than the assured. The applicant shall execute an agreement with the city to hold the city harmless from any and all liability arising out of the granting of or the applicant's operations pursuant to the drilling permit described in this article. The applicant shall ensure performance of this indemnity agreement by having contractual liability insurance. Each policy of insurance shall contain a provision obligating the insurer to give the city council written notice of cancellation, not less than thirty (30) days prior to the date of cancellation. The applicant shall, upon request of the council, submit the original or a certified copy of any policy for inspection at 18. Chapter 4, Business Regulations, Art. 4.04, Peddlers, Solicitors, ItinerantVendors and Handbill Distributors, Division 2, Sec. 4.04.033. Permit fees. (a)Solicitation and/or handbill distribution permit fee are nonrefundable and (1)For a thirty (30) day period. Thirty dollars ($30.00) application fee, plus ten dollars ($10.00) per person, in addition to the applicant, involved in or participating in the solicitation or distribution under that permit, plus (2)For a forty-five (45) day period. Fifty ($50.00), plus ten dollars ($10.00) per person, in addition to the applicant, involved in or participating in the solicitation or distribution under that permit, plus an investigative fee. (3)! For a one (1) year period. One hundred ($100.00), plus ten dollars ($10.00) per person, in addition to the applicant, involved in or 4.03.050. Public liability and property damage Permit. any time. shall be as follows: an investigative fee. 11 -43- participating in the solicitation or distribution under that permit, plus an (b) Temporary itinerant vendor permit fee shall be nonrefundable and shall be fifty dollars ($50.00) application fee, plus ten dollars ($10.00) per person involved in or participating in any transactions under that permit, plus an investigative fee. investigative fee. 19. Chapter 4, Business Regulations, Art. 4.04, Peddlers, Solicitors, Itinerant Vendors and Handbill Distributors, Division 2, Permit Sec. 4.04.034. Prior to the issuance of a permit, each applicant for a permit shall be charged a nonrefundable investigative fee of thirty dollars ($30.00) for each applicant, regardless of the number of persons involved in or participating in any Investigative fee. transaction under that permit. 20. Chapter 4, Business Regulations, Art. 4.06, Wreckers, Division 2, Permit Sec. Fee. The feet for an auto wrecker business permit shall be one hundred seventy- five dollars and no/100 ($175.00) per year for each wrecker business permitted. 21. Code of Ordinances, Chapter 4, Business Regulations, Art. 4.06, Wreckers, (a) Before any permit shall be issued under article 4.06, Code of Ordinances, to any owner of a wrecker business or before any renewal of said permit shall be granted, the owner shall file with the police department a certificate showing that the owner has in effect a policy or policies of public liability and property damage insurance, issued by a casualty insurance company authorized to do business in the state, and in the standard form approved by the state board of insurance, and the coverage provision insuring the public from any loss or damage that may arise to any person or property by reason of the operation of any wrecker for which such permit is to be issued, and providing that the amount of recovery on each wrecker shall be in limits of not less than the (1) Any wrecker under twenty-six thousand (26,000) pounds or less gross vehicle weight must carry three hundred thousand dollars ($300,000.00) (2) Any wrecker over twenty-six thousand (26,000) pounds gross vehicle weight must carry five hundred thousand dollars ($500,000.00) combined single-limit 4.06.041. Required; application; fee. Division 2, Permit Sec. 4.06.042. Insurance. following sums: combined single-limit coverage; coverage. 12 -44- (b)Each wrecker must have tow truck cargo, on-hook or similar type insurance. It is the intent of this section to provide insurance covering damage to the towed vehicle while it is in the care, custody or control of the wrecker owner for which said owner is liable. It is further the intent of Sec. 4.06.042, Code of Ordinances, that the insurance cover damage to the towed vehicle that is the direct or indirect result of an improper (c) Each wrecker under twenty-six thousand (26,000) pounds gross vehicle weight must have cargo, on-hook or similar type insurance in an amount not less than thirty thousand dollars ($30,000.00). In lieu of this coverage, each truck may have garage keeper's legal liability insurance with direct coverage options in an amount not less than thirty thousand dollars (d)Each wrecker which is more than twenty-six thousand (26,000) pounds gross vehicle weight and has a tandem axle must have tow truck cargo or on-hook insurance for the coverage of a towed vehicle in an amount not less than sixty thousand dollars ($60,000.00). In lieu of this coverage, each truck may have garage keeper's legal liability insurance with direct coverage options in an amount not less than sixty thousand dollars hookup. ($30,000.00) to cover damage to the towed vehicle. ($60,000.00) to cover damage to the towed vehicle. 22. Chapter 5, Article 5.03. Fire Code. Sec. 5.03.005. Permit fee. Applications for permits shall be accompanied by the proper fee for such permit as granted, and such permit fee shall be the sum of twenty dollars ($20.00). fund. 23. Chapter 7, Municipal Court, Article 7.02, Fees and Costs Sec. 7.02.001. Security A person convicted for a misdemeanor offense in municipal court shall be assessed a fee of three dollars ($3.00) as court costs for each said offense. The fee shall be collected by the clerk of the court for deposit to a special fund designated as the municipal court security fund." Money in the fund may be used only to finance items as enumerated in the Texas Code of Criminal Procedure, art. 102.017, when such items are used for the purpose of providing security services for buildings housing a municipal court. The funds shall be administered under the direction of the city council pursuant to Texas Code of Criminal Procedure, art. 102.017. 13 -45- 24.Chapter 7, Municipal Court, Article 7.02, Fees and Costs Sec. 7.02.002. A person convicted for a misdemeanor offense in municipal court shall be assessed a fee of four dollars ($4.00) as court costs for each said offense. The fee shall be collected by the clerk of the court for deposit to a special fund designated as the municipal court technology fund." Money in the fund may beu used only to finance items as enumerated in the Texas Code of Criminal Procedure art. 102.0172 when such items are used for the purpose of providing technological enhancements for a municipal court. The funds shall be administered under the direction of the city council pursuant to Texas Code of 25.Chapter 7, Municipal Court, Article 7.02, Fees and Costs Sec. 7.02.003. Ina accordance with article 103.0031 of the Texas Code of Criminal Procedure, there is hereby imposed an additional fee of thirty percent (30%) on all debts and accounts receivable, i.e.: fines, fees, court costs, restitution, and other debts that are more than sixty (60) days past due and have been referred to a 26.Chapter 10, Subdivisions Article 10.02, Preliminary Plat. Sec. 10.02.006. Fees. The following schedule of fees and charges shall be collected by the city secretary, when any preliminary plat is tendered to the city. Each of the fees and charges provided for in this section shall be paid in advance, and no action of the planning and zoning board or of the city shall be valid until the fee shall (a)Preliminary plats, fifty dollars ($50.00) per plat, plus fifty cents ($0.50) per (b)For approval of multiple dwelling areas not subdivided into lots, the preliminary plat shall carry a fee of two dollars ($2.00) per area, each. (c) Additional preliminary plat fees. If required by the city manager, the developer shall pay as additional preliminary plat fees the following: Two hundred fifty dollars ($250.00) for the city planner and three hundred fifty Technology fund. Criminal Procedure, art. 102.0172. Collection fee. private law firm for collections. have been paid to the city secretary: lot. dollars ($350.00) for the city engineer. 27.Chapter 13, Article 13.01 General Provisions Sec. 13.01.001. Tampering with (a)In any case of evidence of tampering with meter installation or interfering with the proper functioning of a meter or any other unlawful use or diversion of service by any person, that person is liable to immediate discontinuance meter; unlawful use or diversion of electric or water service. 14 -46- of service and to prosecution under applicable laws, and the city shall be entitled to collect from said person at the proper rate schedule fora all power, energy, and water not recorded on the meter by reason of such tampering, interfering or other unlawful use of service diversion (the amount of which may be estimated by the city from the best available data), and also a fee of one hundred dollars ($100.00) plus any actual meter damages. (b)Any person who shall violate any provision of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) for each violation. Each day in which any violation shall occur shall constitute a separate offense. In addition, the city attorney is hereby authorized to take all necessary actions, both legal and equitable, to assure Sec.13.01.001. compliance with this section. 13.02.031. Rates inside city limits. 28.Chapter 13, Article 13.02, Water, Division 2, Rates and Charges Water Sec. The city shall collect for water service furnished to all locations within the corporate limits of the city, fees and charges according to the following (1)Schedule I: residential application. The rate provided for in this schedule is applicable to residential service to single dwellings, apartment houses, rooming houses, mobile homes, including but being limited thereto, those located within mobile home parks, or other dwelling units occupied by persons for living purposes. Each separate living unit shall be considered as () Ihree-quarter-inch meter. For a single dwelling served by a three- quarter-inch or smaller meter, there shall be a minimum charge of $32.56 per month for which the use of 2,000 gallons of water will be allowed. For water used in excess of 2,001 gallons there shall be the schedules based on water usage and/or water conservation: asingle dwelling. WSmiedaeingsrssenta. following charge: Consumption in Gallons 2,001 to 10,000 10,001-20,000 20,001-30,000 30,001-40,000 40,001--50,000 50,001-60,000 60,001 and above Rate per 1,000 Gallons $2.73 $3.10 $3.72 $4.33 $4.96 $6.17 $7.43 15 -47- (i) One-inch meter. For a single dwelling served by a one-inch meter, there shall be a minimum charge of $65.19 per month for which the use of 10,000 gallons of water will be allowed. For water used in excess of 10,001 gallons there shall be the following charge: Consumption in Gallons 10,001--20,000 20,001--30,000 30,001-40,000 40,001 and above Rate per 1,000 Gallons $3.10 $3.72 $4.33 $4.96 oneancone-nalr-nen. meter. For a single dwelling served by a one- and-one-half-inch meter, there shall be a minimum charge of $108.63 per month for which the use of 21,000 gallons of water will be allowed. For water used in excess of 21,001 gallons, there shall be the following charge: Consumption in Gallons 21,000-30,000 31,001--40,000 41,001 and up Rate per 1,000 Gallons $3.72 $4.33 $4.96 (iv)Two-inch meter. For a single dwelling served by a two-inch meter, there shall be a minimum charge of $152.04 per month for which the use of 30,000 gallons of water will be allowed. For water used in excess of 30,001 gallons, there shall be the following charge: Consumption in Gallons 30,001-40,000 40,001 and up Rate per 1,000 Gallons $4.33 $4.96 (v)Three-inch meter. For a single dwelling served by a three-inch meter, there shall be a minimum charge of $260.66 per month for which the use of 67,001 gallons of water will be allowed. For water used in excess of 67,001 gallons, there shall be the following charge: Consumption in Gallons 67,001 and up Rate per 1,000 Gallons $4.96 16 -48- (vi)Four-inch meter. For a single dwelling served by a four-inch meter, there shall be a minimum charge of $412.73 per month for which the use of 114,000 gallons of water will be allowed. For water used ine excess of 114,001 gallons, there shall be the following charge: Consumption in Gallons 114,001 and up Rate per 1,000 Gallons $4.96 (vii)Six-inch meter. For a single dwelling served by a six-inch meter, there shall be a minimum charge of $586.49 per month for which the use of 167,000 gallons of water will be allowed. For water used ine excess of 167,001 gallons, there shall be the following charge: Consumption in Gallons 167,001 and up Rate per 1,000 Gallons $4.96 (2)Schedule II: Commercial application. The rates provided for in this schedule are applicable to all commercial establishments not eligible for service under residential rates. (A)Single business. (1) Three-quarter-inch meter. For a single business served by a three- quarter-inch or smaller meter, there shall be a minimum charge of $32.56 per month for which the use of 2,000 gallons of water will be allowed. For water used in excess of 2,001 gallons there shall be the following charge: Consumption in Gallons 2,001 to 10,000 10,001--20,000 20,001-30,000 30,001--40,000 40,001--50,000 50,001-60,000 60,001 and above Rate per 1,000 Gallons $2.76 $3.16 $3.77 $3.77 $3.77 $3.77 $3.77 (ii) One-inch meter. For a single business served by a one-inch meter, there shall be a minimum charge of $65.19 per month for which the 17 -49- use of 10,000 gallons of water will be allowed. For water used in excess of 10,001 gallons there shall be the following charge: Consumption in Gallons 10,001--20,000 20,001--30,000 30,001--40,000 40,001 and above Rate per 1,000 Gallons $3.16 $3.77 $3.77 $3.77 (ii) neanéonenleinnnete, For a single business served by a one-an-one-nal-inch meter, there shall be a minimum charge of $108.63 per month for which the use of 21,000 gallons of water will be allowed. For water used in excess of 21,001 gallons, there shall be the following charge: Consumption in Gallons 21,000--30,000 31,001--40,000 41,001 and up Rate per 1,000 Gallons $3.77 $3.77 $3.77 (iv) Two-inch meter. For a single business served by a two-inch meter, there shall be a minimum charge of $152.04 per month for which the use of 30,000 gallons of water will be allowed. For water used in excess of 30,001 gallons, there shall be the following charge: Consumption in Gallons 30,001--40,000 40,001 and up Rate per 1,000 Gallons $3.77 $3.77 (v) Three-inch meter. For a single business served by a three-inch meter, there shall be a minimum charge of $260.66 per month for which the use of 67,000 gallons of water will be allowed. For water used in excess of 67,001 gallons, there shall be the following charge: 18 -50- Consumption in Gallons 67,001 and up Rate per 1,000 Gallons $3.77 (vi) Four-inch meter. For a single business served by a four-inch meter, there shall be a minimum charge of $412.73 per month for which the use of 114,000 gallons of water will be allowed. For water used in excess of 114,001 gallons, there shall be the following charge: Consumption in Gallons 114,001 and up Rate per 1,000 Gallons $3.77 (vii) Six-inch meter. For a single business served by a six-inch meter, there shall be a minimum charge of $586.49 per month for which the use of 167,000 gallons of water will be allowed. For water used in excess of 167,001 gallons, there shall be the following charge: Consumption in Gallons 167,001 and up B)Mutt-Dusiness buildings Rate per 1,000 Gallons $3.77 () Inree-quarter-inch meter. For a multi-business served by a three- quarter-inch or smaller meter, there shall be a minimum charge of $32.56 per month for each separate and distinct business establishment served from said meter, for which minimum charge the use of 2,000 gallons of water for each business establishment served by the meter will be allowed. For water used in excess of the amount allowed for the minimum charge there shall be charged for each unit the rate per 1,000 gallons for a single business served (i) Mut-Dusinesses served by a single meter. For a multi-business served by single one-inch, one-andone-hal-inch, two-inch, three- inch, four-inch or six-inch meter, the appropriate minimum charge and water gallon allowance applicable to the size of the meter installed shall apply to the first business establishment served by the meter. The three-quarter-inch meter minimum charge and water gallon allowance shall apply for each additional business establishment served by the meter and the total of this combination shall be the minimum charge per month and gallons of water allowed. For water used in excess of the amount allowed for the bya a three-quarter inch or smaller meter. 19 -51- minimum charge, computed in the matter aforesaid, there shall be charged for each business served the rate per 1,000 gallons for a single business served by a three-quarter-inch or smaller meter. (C)Sprinkler system. For a sprinkler system (fire) served by a four- inch or smaller supply line, there shall be a charge of $50.00 per month. For a sprinkler system (fire) served by a six-inch supply line, there shall be a charge of $75.00 per month. (D)Fire hydrants. For fire hydrants on customers' property, there shall be a charge of $30.00 per hydrant per month. (E)Bulk water sales. Bulk water sales shall be charged at the rate of $15.00 per 1,000 gallons with a minimum charge of $15.00. 29. Chapter 13, Article 13.02, Water, Division 2, Rates and Charges Water The city shall collect, for water service furnished to all locations outside of the (1)Minimum bill. The minimum charge for water service shall be a sum equal to twice the minimum charge fixed by section 13.02.031 above for the various types of service, but the amount of water which may be used before the additional charges will be applied shall be the same as provided in (2) Rates. The rates to be charged for each one thousand (1,000) gallons of water used in excess of the minimum allowance shall be double the rates specified for the various services in section 13.02.031 above. Sec. 13.02.032. Rates outside city limits. corporate limits, fees and charges as follows: section 13.02.031 above. 30.Chapter 13, Article 13.03 Sewers Division 1 Generally Sec.13.03. 001.Rates; billing and payment of charges. tot the following schedules: (a)The city shall collect for sewer service a monthly charge computed according The rate provided for in this schedule is applicable to residential service in single dwellings, apartment houses, rooming houses, and mobile homes, including those located in mobile home parks, located inside the corporate limits. Each separate living unit shall be considered a single dwelling. This rate applies only to standard residential fixtures, as hereinafter defined, andi fixtures not defined as such are subject to other rates established for their use, (1)Schedule I: Residential, in city limits, application. (A)Rates. The use of fixtures and connections to the city sewer system shall be determined at the following rates for each residential establishment: () First three thousand (3,000) gallons of water used per month: (i) All over three thousand (3,000) gallons of water used per month: $4.33 per one thousand (1,000) gallons, which is based on a $14.78 minimum charge. volumetric use rate. 20 -52- (2)Schedule II: Residential, outside city limits, application. (A) Rates. The use of fixtures and connections to the city sewer system shall be determined at the following rates for each residential establishment (1) First three thousand (3,000) gallons of water used per month: (ii) All over three thousand (3,000) gallons of water used per month: $4.33 per one thousand (1,000) gallons, which is based on a outside the city limits: $29.56 minimum charge. volumetric use rate. (3)Schedule III: Commercial, in city limits, application. (A) Rates. The use of fixtures and connections to the city sewer system by each commercial establishment within the city limits shall be determined at (1) First three thousand (3,000) gallons of water used per month: (ii). All over three thousand (3,000) gallons of water used per month, (B). Minimum charge. The monthly charge shall be the amount computed at the rate hereinabove fixed but in no event less than fifteen dollars and: sixty- (4)Schedule IV: Commercial, outside city limits, application. The rate provided int this schedule is applicable to all commercial establishments not eligible for service under residential or industrial rates, located outside the corporate limits. Charges for sewer service under this schedule shall be based upon the amount of water consumed as recorded each month by the water meters located on water lines serving the premises. Establishments using more than five hundred thousand (500,000) gallons of water per month for not less than six (6) months out of the preceding calendar year shall be charged upon the applicable industrial rate. Each establishment (A).Rates. The use of fixtures and connections to the city sewer system by each commercial establishment outside the city limits shall be determined () First three thousand (3,000) gallons of water used per month: (i) All over three thousand (3,000) gallons of water used per month, (B) Minimum charge. The monthly charge shall be the amount computed at the rate hereinabove fixed but in no event less than thirty-one dollars and (5)Schedule V: Industrial, in city limits, application. The rate provided for in this schedule is applicable to all industrial establishments located inside the corporate limits eligible under the provisions of this schedule. Each establishment shall be considered a separate customer. Customers eligible the following rates: $15.65 minimum charge. per one thousand (1,000) gallons: $2.53. five cents ($15.65) per month. shall be considered a separate customer. at the following rates: $31.29 minimum charge. per one thousand (1,000) gallons: $2.53. twenty-nine cents ($31.29) per month. 21 -53- for the rates established by this schedule (schedule V) shall be those who shall have used not less than five hundred thousand (500,000) gallons of water per month for each of any six (6) months of the preceding calendar year. Charges for sewer service under this schedule shall be based upon the amount of water consumed as recorded each month by the water meters located on water lines serving the premises. Eligibility for this rate fori the present calendar year shall be determined from the records of water consumed by the customer during the immediate preceding calendar year (A) Rates. The use of fixtures and connections to the city sewer system by each industrial establishment shall be determined at the following rates: (i) First ten thousand (10,000) gallons of water used per month: (i). All over ten thousand (10,000) gallons of water used per month, (B)Minimum charge. The monthly charge shall be the amount computed at the rate hereinabove fixed but in no event less than sixteen dollars and (6)Schedule VI: Industrial, outside city limits, application. The rate provided for in this schedule is applicable to all industrial establishments located outside the corporate limits eligible under the provisions of this schedule. Each establishment shall be considered a separate customer. Customers eligible for the rates established by this schedule (schedule VI) shall be those who shall have used not less than five hundred thousand (500,000) gallons of water per month for each of any six (6) months of the preceding calendar year. Charges for sewer service under this schedule shall be based upon the amount of water consumed as recorded each month by the water meters located on water lines serving the premises. Eligibility for this rate for the present calendar year shall be determined from the records of water consumed by the customer during the immediate preceding calendar year (A) Rates. The use of fixtures and connections to the city sewer system by each industrial establishment shall be determined at the following rates: () First ten thousand (10,000) gallons of water used per month: (i). All over ten thousand (10,000) gallons of water used per month, (B) Minimum charge. The monthly charge shall be the amount computed at the rate hereinabove fixed but in no event less than thirty-two dollars and as recorded in the records of the city utilities. $16.48. per one thousand (1,000) gallons: $1.03. forty-eight cents ($16.48) per month. as recorded in the records of the city utilities. $32.96. per one thousand (1,000) gallons: $2.06. ninety-six cents ($32.96) per month. tapping of main and installation of service line. 31. Chapter 13, Article 13.03, Sewers, Generally Sec.13.03.002. Outlet charge; 22 -54- (a)Charges. The following charges shall be applied when original taps are made tot the sewer main: (1)Customers inside city limits: (A)4" sewer tap: $500.00. customers inside the city limits. (B)6" sewer tap: Cost of labor and materials plus 15% of costs. (2)Customers outside city limits: One and one-half (1-1/2) the charge to Nothing herein shall be construed to constitute approval by the city council for the utilities department to extend sewer service to any location outside the city limits without specific council authorization therefor as may be required by law. 32. Chapter 13, Article 13.04, Electric Service, Division 2, Rates and Charges Sec. The city shall collect, for electric service, fees according to the following schedule: (A) Application. The residential rate shall be applicable to single-family residence customers where all energy is taken in through a single meter. Multiple dwelling units where served under one (1) meter shall be billed under (B) Rate for residential service. Customers who qualify for this residential 13.04.031. Rates. (1)Schedule R: Residential rate. schedule R-1 of this section. service will be charged for service as follows: Meter charge First 500 KWH, per KWH All additional, per KWH $16.45 $0.0422 $0.0357 Minimum bill: $16.45 per month plus applicable power cost adjustment on KWH used. (C)Power cost adjustment. The net energy charge under the above rate schedule shall be increased or decreased to reflect the application of a power cost adjustment per KWH of energy used, calculated in accordance with (D) Discontinuance of service. The bill is due and payable upon receipt and becomes delinquent if not paid by the fifteenth day of the calendar month in which the bill is received. Service will be disconnected if not paid on or before the twenty-fifth day of that month. Payment of the utility bill and the reconnection charge of $40.00 will be required to restore service during nonholiday business days, Monday through Thursday, between the hours of 8:00 a.m. and 4:30 p.m. and Fridays from 8:00 a.m. until 11:30 a.m. in order schedule PCA of this section. tor reconnect services same day. (2) Schedule R-1: Master metered multiple dwelling units. 23 -55- (A)Application. The master metered multiple dwelling unit rate shall be applicable to multiple dwelling units for all domestic usage where served under (1) The monthly rate charge for customers who qualify for service under this (i) The average KWH usage per month per dwelling unit shall be determined by dividing the total monthly KWH purchased, as determined by the city's master meter, by the total number of dwelling units receiving electric service. The total number of dwelling units receiving electric service shall bet the total number of dwelling units constructed unless certified otherwise by the owner of the multiple dwelling units. The individual rate charge per dwelling unit shall thence be computed on the basis of the average KWH usage per month per dwelling unit figured at the following rates: one master meter. (B) Rate for master metered multiple dwelling units. schedule shall be determined as follows: Meter charge First 500 KWH, per KWH All additional, per KWH $16.45 $0.0422 $0.0357 Minimum bill: $16.45 per month plus applicable power cost adjustment on KWH The total monthly bill shall thence be determined by multiplying the rate charge computed under the above rate by the number of dwelling units certified to be (C), Power cost adjustment. The net energy charge per KWH under the above rate shall be increased or decreased to reflect the application of a power cost adjustment calculated in accordance with schedule PCA of this section. (D) Discontinuance of service. The bill is due and payable upon receipt and becomes delinquent if not paid by the fifteenth day of the calendar month in which the bill is received. Service will be disconnected if not paid on or before thet twenty- fifth day of that month. Payment of the utility bill and the reconnection charge of $40.00 will ber required to restore: service during nonholiday business days, Monday through Thursday, between the hours of 8:00 a.m. and 4:30 p.m. and Fridays from 8:00 a.m. until 11:30 a.m. in order to reconnect services same day. used. receiving electric service. (3). Schedule SC: Small commercial. (A) Application. The small commercial rate shall be applicable to all nonresidential customers billed through one (1) meter-whose peak demand does not exceed 30 KW. The character of the service is AC, 60 cycles per second, single-phase, 120/240 volts; three-phase, 120/240, 120/208, 240/480, 277/480 volts, as available at point of service. Three-phase customers served via underground primary to pad- mounted transformers are offered only 120/208- or 277/480-volt service (B). Character of service. 24 -56- (C) Rate for small commercial service. Customers who qualify for the small commercial service will be charged for service as follows: Meter charge First 500 KWH, per KWH Next 450 KWH, per KWH All additional, per KWH used. (D) Billing demand. $24.40 $0.0851 $0.0490 $0.0387 Minimum bill: $24.40 per month plus applicable power cost adjustment on KWH Demand meters will be installed on all such customers if the installed load would indicate that demands over thirty (30) KW would be experienced, or if the monthly load exceeds seven thousand (7,000) kilowatt hours. A customer on this schedule whose demand exceeds thirty (30) KW for any billing period shall be billed under schedule LP-1 of this section for the next 12-month period beginning with the The following method shall be used to determine the monthly bill for two (2) or more commercial units billed on one (1) meter. This method applies only to those multiple units already on one (1) meter as of May 13, 1981. Two (2) or more commercial units will not be allowed to be connected to one (1) meter in the The average KWH usage per unit shall be determined by dividing the total monthly KWH purchased, as determined by the city's meter, by the total number of units receiving electric service. The individual rate charge per unit shall thence be computed on the basis of the average KWH usage per month per dwelling unit calculated on the small commercial (SC) rate. The total monthly bill shall thence be computed by multiplying the rate charge computed under the above method The net energy charge under the above rate schedule shall be increased or decreased to reflect the application of a power cost adjustment per KWHofenergy used, calculated in accordance with schedule PCA of this section. (G) Discontinuance of service. The bill is due and payable upon receipt and becomes delinquent if not paid byt the fifteenth day of the calendar month in which the bill is received. Service will be disconnected if not paid on or before thet twenty- fifth day of that month. Payment of the utility bill and the reconnection charge of $40.00 will be required to restore service during nonholiday business days, Monday through Thursday, between the hours of 8:00 a.m. and 4:30 p.m. and Fridays from 8:00 a.m. until 11:30 a.m. in order to reconnect services same day. current month. (E). Multiple units. future. by the number of units receiving electric service. (F) Power cost adjustment. (4) Schedule LP-1: Medium commercial and industrial. 25 -57- (A) Application. The medium commercial and industrial rate shall be applicable to all commercial and industrial customers where service is taken through one (1) meter at one (1) point of delivery and where the kilowatt demand is between thirty (B) Character of service. The character of the service is AC, 60 cycles per second, single-phase, 120/240 volts; three-phase 120/240, 120/208, 240/480, 2400/4160, 7200/12,470 volts as available at point of service. Three-phase customers served via underground primary to pad-mounted transformers are offered only 120/208- (C). Rate for medium commercial and industrial service. Customers who qualify for the medium commercial and industrial service rate will be charged for service as (30) KW and five hundred (500) KW. or 277/480-volt service. follows: () Demand charge: First 30 KW of billing demand or less All additional KW of billing demand, per KW $247.20 $8.24 $0.0161 $0.0165 $0.0131 240.00 8.00 0.0161 0.0145 0.0131 (i) Energy charge: First 10,000 KWH, per KWH Next 65,000 KWH, per KWH All additional, per KWH (ii) Minimum bill: The minimum monthly charge shall be the highest one of the a. $247.20 plus applicable power cost adjustment on KWH used. b. $8.24 per KW of billing demand plus applicable power cost adjustment on The minimum monthly charge specified in customer's contract with city for service plus applicable power cost adjustment on KWH used. following charges: KWH used. (D) Billing demand. The billing demand shall be the maximum 15-minute measured KWi int the month, but not less than fifty (50) percent oft the peak demand measured in the twelve-month period ending with the current month. If, at any time, a customer on this schedule continues for a twelve-month period without a demand in excess of 500 KW, schedule LP-1 of this section shall apply beginning with the (E) Delayed payment. Payment of a penalty of 10 percent of the bill will be required if not paid on or before the tenth day of the month in which the bill is rendered. (F) Power factor. Should the power factor be lower than 0.90 lagging, the city may adjust the measured demand by multiplying by the ratio of 0.90 to the actual first month succeeding such twelve-month period. power factor for the month. (G). Primary service. 26 -58- Where service is taken by the customer at the city's available primary voltage, a credit of four percent of the net bill will be allowed. Metering may be primary or secondary, corrected for the transformer losses, at the city's option. (H) Power cost adjustment. The net energy charge under the above rate schedule shall be increased or decreased to reflect the application of a power cost adjustment per KWH of energy used, calculated in accordance with schedule PCA (I) Discontinuance of service. The bill is due and payable upon receipt and becomes delinquent if not paid by the fifteenth day of the calendar month in which the bill is received. Service will be disconnected if not paid on or before the twenty- fifth day of that month. Payment of the utility bill and the reconnection charge of $40.00 willl be required to restore service during nonholiday business days, Monday through Thursday, between the hours of 8:00 a.m. and 4:30 p.m. and Fridays from 8:00 a.m. until 11:30 a.m. in order to reconnect services same day. of this section. (5) Schedule LP-2: Large commercial and industrial. (A) Application. The large commercial and industrial rate shall be applicable to all commercial and industrial customers where service is taken through one meter at one point of delivery and where the kilowatt demand exceeds 500 KW. (B) Character of service. The character of the service is AC, 60 cycles per second, single-phase, 120/240 volts, three-phase, 120/240, 120/208, 240/480, 2400/4160, 7200/12,470 volts, as available at point of service. Three-phase customers served via underground primary to pad-mounted transformers are offered only 120/208- (C) Rate for large commercial and industrial service. Customers who qualify for the large commercial and industrial service rate will be charged for service as follows: or 277/480-volt serviçe. () Demand charge: First 500 KW of billing demand All additional KW of billing demand, per KW First 150 KWH used per KW of billing $4,120.00 $7.98 $0.0140 $0.0116 (ii) Energy charge: demand, per KWH All additional, per KWH (ii) Minimum bill: The minimum monthly charge shall be the highest one of the a. $4,120.00 plus applicable power cost adjustment on KWH used. b. $7.98 per KW of billing demand plus applicable power cost adjustment on The minimum monthly charge specified in customer's contract with city for service plus applicable power cost adjustment on KWH used. following charges: KWH used. 27 -59- (D)! Billing demand. The billing demand shall be the maximum 15-minute measured KWi int the month, but notl less than fifty (50) percent of the peak demand measured in the twelve-month period ending with the current month. If, at any time, a customer on this schedule continues for a twelve-month period without a demand in excess of 500 KW, schedule LP-1 of this section shall apply beginning with the (E) Delayed payment. Payment of a penalty of 10 percent oft the bill willl ber required if not paid on or before the tenth day of the month in which the bill is rendered. (F). Power factor. Should the power factor be lower than 0.90 lagging, the city may adjust the measured demand by multiplying the ratio of 0.90 to the actual power (G). Primary service. Where service is taken by the customer at the city's available primary voltage, a credit of four percent of the net bill will be allowed. Metering may be primary or secondary, corrected for the transformer losses, at the city's The net energy charge under the above rate schedule shall be increased or decreased to reflect the application of a power cost adjustment per KWH of energy used, calculated in accordance with schedule PCA of this section. (I) Discontinuance of service. The bill is due and payable upon receipt and becomes delinquent if not paid by the fifteenth day of the calendar month in which the bill is received. Service will be disconnected if not paid on or before the twenty- fifth day of that month. Payment of the utility bill and the reconnection charge of $40.00 will be required to restore: service during nonholiday business days, Monday through Thursday, between the hours of 8:00 a.m. and 4:30 p.m. and Fridays from 8:00 a.m. until 11:30 a.m. in order to reconnect services same day. first month succeeding such twelve-month period. factor for the month. option. (H). Power cost adjustment. (6). Schedule SL-175: 175-watt security lights. (A) Application. The 175-watt security light rate shall be applicable to service to 175-watt security lights installed and maintained by the city for customers ati their request. Customers will be required to contract for this service for a period to be determined by the city. Service to streetlights on railroad crossings is also (B), Rate for 175-watt security lights. The rate for 175-watt security lights shall be (C) Discontinuance of service. The bill is due and payable upon receipt and becomes delinquent if not paid by the fifteenth day of the calendar month in which the bill is received. Service will be disconnected if not paid on or before thet twenty- fifth day of that month. Payment of the utility bill and the reconnection charge of $40.00 will be required to restore service duringn nonholiday business days, Monday through Thursday, between the hours of 8:00 a.m. and 4:30 p.m. and Fridays from 8:00 a.m. until 11:30 a.m. in order to reconnect services same day. applicable. $6.00 per month per light. (D). Power cost adjustment. 28 -60- The net energy charge under the above rate schedule shall be increased or decreased to reflect the application of a power cost adjustment per KWHofe energy used (estimated 53 KWH per light), calculated in accordance with schedule PCAof this section. (7) Schedule SL-400: 400-watt security lights. (A) Application. The 400-watt security light rate shall be applicable to service to 400-watt security lights installed and maintained by the city for customers at their request. Customers will be required to contract for this service for a period to be (B) Rate for 400-watt security lights. The rate for 400-watt security lights shall be (C) Discontinuance of service. The bill is due and payable upon receipt and becomes delinquent if not paid by the fifteenth day of the calendar month in which the bill is received. Service will be disconnected ift not paid on or before thet twenty- fifth day of that month. Payment of the utility bill and the reconnection charge of $40.00 will be required to restore service during nonholiday business days, Monday through Thursday, between the hours of 8:00 a.m. and 4:30 p.m. and Fridays from 8:00 a.m. until 11:30 a.m. in order to reconnect services same day. (D) Power cost adjustment. The net energy charge under the above rate schedule shall be increased or decreased to reflect the application of a power cost adjustment per KWH of energy used (estimated 120 KWH per light), calculated in determined by the city. $9.00 per month per light. accordance with schedule PCA of this section. (8) Schedule SP: Special rates. (A) Rates. The following special commercial rates shall be retained by the city: (1) Rate SP-1 (special commercial). Customers who qualify under rate SP-1 shall be charged $0.0291 per KWH. The minimum bill for such customers (i) Rate SP-2 (hospital X-ray). The rate for SP-2 shall be $30.00. (B). Power cost adjustment. The net energy charge under the above rate schedule shall be increased or decreased to reflect the application of a power cost adjustment per KWH of energy used (estimated 120 KWH per light), calculated in accordance with schedule PCA of this section. shall be $5.40. (C) Discontinuance of service. The bill is due and payable upon receipt and becomes delinquent if not paid by the fifteenth day of the calendar month in which the bill is received. Service will be disconnected if not paid on or before thet twenty- fifth day of that month. Payment of the utility bill and the reconnection charge of $40.00 will be required to restore service during nonholiday business days, Monday through Thursday, between the hours of 8:00 a.m. and 4:30 p.m. and Fridays from 8:00 a.m. until 11:30 a.m. in order to reconnect services same day. 29 -61- Schedule PCA: Power cost adjustment factor. The purpose of this subsection is to accurately recover from city customers the cost of wholesale power purchases in excess of the base amount included in the city's electric retail rate schedules. All wholesale power cost realized above the base amount shall be billed by the city on its monthly bills as a power cost adjustment, determined in accordance with the provisions set forth below. Each month the city will compare the total amount of power cost adjustment which should have been recovered to the actual power cost adjustment revenues received in the immediately previous city billing period. Any difference realized will be added or subtracted from the amount of power cost adjustment to be recovered in the current city billing (A)The formula for calculation of the power cost adjustment factor is as follows: period. PCA Definitions: WC-(PXK)-CE C PCA = Power cost adjustment ($ per KWH) rounded to the nearest WC = Total cost of energy purchased by the city from its supplier for 0.0001ç. the immediately immediately preceding wholesale billing period ($). P S K CF Total energy purchased by the city from its supplier for the Total estimated KWH sales to city customers for the current Base wholesale power cost included in the city's retail electric Correction factor adjustment to be applied in the current city to provide for correction of the variance between power cost expenses which should have been recovered and actual power adjustment revenues received for the immediately preceding preceding wholesale billing period (KWH). = city billing period. rate schedules ($0.0275 per KWH). billing period adjustment cost city billing period prior to the current city billing period. (B)The formula for calculation of the correction factor (CF) is as follows: 30 -62- CF=(A)-(B) Where: A = The actual power cost adjustment revenues in dollars received from application of schedule PCA for the immediately preceding city billing period. B= The actual wholesale power cost in dollars paid by the city in excess of the base amount of wholesale power cost included in the city's electric retail rate schedules for the second preceding wholesale billing period. 33. Chapter 13, Article 13.04, Electric Service, Division 2, Rates and Charges (a)The utilities department and the employees and duly authorized agents thereof shall keep and maintain all records and accounts of each customer receiving electric service, compute all charges, prepare and render statements of accounts or bills to customers, and collect the established charges as set forth in said bills. Charges for electric service shall be billed at the close of each calendar month and shall be due and payable upon receipt of the bill. The bill becomes past due ifn not paid by the fifteenth day of the calendar month in which the bill is received. Ifr not paid by the fifteenth day of that month, a past due notice will be mailed with a ten (10) percent late charge added to the bill. The notice will state that the total amount plus the late charge is due and payable in full by the twenty- fifth day of that month or service will be terminated on the first business day after the twenty-fifth. Charges for electric service shall appear upon the bill for water, sewer, and garbage service if the customer received such services. All accounts and charges for electric service shall be payable at the office of utilities. (b) Payment of water, sewer and garbage services shall not be accepted unless the (c) Water, sewer and garbage service shall be discontinued to any customer who 34. Chapter 13, Article 13.04, Electric Service, Division 2, Rates and Charges Sec.13.04.033. Disconnection of service for nonpayment; reinstatement of service. (a) The manager of the utilities shall direct that service be disconnected at any location for which the bill for electric energy is not paid in full on or before the (b). After service has been disconnected for nonpayment, as provided in this section, itshall be unlawful for any person to reconnect or attempt to reconnect the service (c) Upon the payment of all amounts due and owing for electric, water, sewer and garbage services at a location disconnected for nonpayment, the manager of the utilities shall cause such service to be reconnected. These charges will include the ten-percent late charge added to the bill plus a forty-dollar reconnection charge. Payment of the reconnection charge as set forth herein will be required to restore service during nonholiday business days, Monday through Thursday, between the Sec.13.04.032. Billing. charges for electric service are paid at the same time. has not paid for electric service within the time specified. twenty-fifth day of the month in which the bill is received. at such location. 31 -63- hours of 8:00 a.m. and 4:30 p.m, and Friday between the hours of 8:00 a.m. and 11:30 a.m. Payments made after 4:30 p.m. will have the reconnections occur on the (d) Only one (1) reconnection charge shall be due and collected from those customers who have had both the electric and water service disconnected for 35. Chapter 13, Article 13.04, Electric Service, Division 2, Rates and Charges An electric service connection charge of twenty dollars ($20.00) is to be collected from each customer requesting electric service regardless of whether the customer is a home or business owner or a tenant. The electric service connection charge is to be paid at the time application for service is made. No electric service connection next business day. nonpayment at the same location and account. Sec.13.04.034. Connection Charge. shall be made until the payment has been received. 36. Chapter 13, Article 13.04, Electric Service, Division 2, Rates and Charges. Sec.13.04.035. Meter deposit. The department is empowered to charge in addition to the electric service connection charge provided for in this division a meter deposit for electric service. The meter deposit and the amount thereof, as charged by the utilities department, shall be determined from time to time by the city council, which shall also formulate the terms, conditions and stipulations contained in service agreements between the utilities department and its customers. Requirements of meter deposits as formulated by the city council and the terms, conditions and stipulations to be contained in service agreements shall be charged and be in full force and effect from and after the first day of the month following final approval of any change of either the amount of meter deposit required or any of the terms, conditions and stipulations contained in any service agreement. Any meter deposit imposed shall be in addition to the electric service connection charge. 37.Chapter 13, Article 13.04, Electric Service, Division 2, Rates and Charges Sec. A charge of fifty dollars ($50.00) shall be collected from each customer requesting a temporary service installation. The charge of fifty dollars ($50.00) shall be in addition 38.Chapter 13, Article 13.04, Electric Service, Division 2, Rates and Charges Sec. 13.04. Whenever the utilities department incurs from its supplier wholesale power rate adjustments resulting in increased costs to the utilities department, then any such adjustments shall be billed to the customers of the utilities department as a monthly addition to the customer's bill at the rate of the adjustment per kilowatt hour times the total kilowatt hours purchased by the customer during the period of any such adjustments. Adjustments charged customers of the utilities department shall be at the same rate per kilowatt hour as that billed the utilities department by its supplier. 13.04.036. Charge for installation of temporary service. to the electric service connection charge. 037. Passing on of wholesale power rate refunds. 32 -64- If the utilities department recovers any wholesale power rate adjustments charged to and paid by the utilities department, then a refund shall be passed on to the customers of the utilities department on the same basis as the refund made to the utilities 39. Chapter 13, Article 13.04, Electric Service, Division 2, Rates and Charges Sec. 13.04. Whenever application shall be made to the utilities department for electrical service which requires an overhead primary or secondary line extension, the customer shall be charged for the actual cost involved to connect from the nearest accessible point of existing utilities department lines, excluding the overhead service line, which will 40. Chapter 13, Utilities, Article 13.05, Solid Waste Sec. 13.05.014. Charges for There shall be assessed and collected from each person managing, operating or occupying any premises, as defined in this article, within the city limits, where various kinds of garbage accumulate, except the kinds covered by sections 13.05.008 through 13.05.011, Code of Ordinances, the following service charges for garbage, refuse, trash and rubbish collection and disposal: (1)For each residence, as defined in this chapter, utilizing one (1) garbage container ofa capacity of ninety-six (96) gallons, the monthly charge shall be twenty-seven dollars and eleven cents ($27.11) for one (1) collection or pickup per week. The charge for each additional ninety-six (96) gallon container shall be seven dollars and ninety-six cents ($7.96) per month for one (1) collection of pickup per week ina addition to the base fee. Each apartment unit, rooming house unit, trailer or mobile home, including those located in trailer or mobile home parks, shall be deemed a separate residence. For each residence, as defined in this chapter, which is utilizing one (1) garbage container of a capacity of ninety-six (96)gallons and which is occupied by at least one (1) person sixty-five (65) years of age or older who completes an appropriate application, the monthly charge shall be (2)For each premises, other than a residence, premises"and "residence" being both defined in this chapter, a monthly utilizing charge shall be made as follows: (A)For each such premises utilizing one (1) garbage containers of a capacity of 96 gallons, the monthly charge shall be thirty-nine dollars and fifty-five cents (B)The charge for each additional ninety-six (96) gallon container shall bet twenty dollars and seventy-seven cents ($20.77) per month for one (1) collection of department. 038. Charges for overhead primary or secondary line extensions. be provided without cost to the customer. collection; billing failure to pay charges. twenty-four dollars and ninety cents ($24.90). ($39.55) for one (1) collection pickup per week. pickup per week in addition to the base fee. 33 -65- (C)For each such premises utilizing garbage containers of a capacity of more than 96 gallons, the monthly charge shall be based on the size of the container and frequency of service to be charged as follows: Container Size/Frequency of Service Rate per Month $123.04 $203.28 $283.70 $363.94 $142.94 $235.03 $326.93 $419.04 $160.65 $275.95 $367.94 $471.59 $168.09 $324.31 $451.19 $578.27 $192.40 $367.15 $541.07 $691.29 Two (2) yard container One (1) service per week Two (2) service per week Three (3) service per week Four (4) service per week One (1) service per week Two (2) service per week Three (3) service per week Four (4) service per week One (1) service per week Two (2) service per week Three (3) service per week Four (4) service per week One (1) service per week Two (2) service per week Three (3) service per week Four (4) service per week One (1) service per week Two (2) service per week Three (3) service per week Four (4) service per week Three (3) yard container Four (4) yard container Six (6) yard container Eight (8) yard container Ten (10) yard container 34 -66- Container Size/Frequency of Service One (1) service per week Two (2) service per week Three (3) service per week Four (4) service per week Five (5) service per week Rate per Month $302.98 $476.56 $650.07 $823.55 $996.90 (3)AIl monthly collection and disposal rates are based on the type of premises receiving service, the size container utilized at each such premises, and the (4)Any owner, manager, operator or occupant of a premises subject to the rates as determined in this section, and who is the customer receiving garbage service at such premises, being dissatisfied with the charges for collection of garbage as determined by the provisions of this section, shall have the right to appeal his charge by giving notice to the city council in writing. Upon receipt of such notice, the council shall fix a date, not less than ten (10) days nor more than thirty (30) days after the receipt of such notice, for hearing of the appeal and shall cause notice in writing of such date to be given the grievant not less (5)For each residence and each premises, as defined in this article, there shall be charged for the collection, pickup and hauling oft tree limbs, brush, and cuttings, (6)The utilities department and the employees thereof shall keep and maintain all books, records and accounts of each person receiving garbage collection service and/or the service described in subsection (5) of this section, compute all charges, prepare and render statements of accounts to customers and collect the established charge. Charges for service rendered under this section shall be billed at the close of each calendar month and shall appear upon the bill for electric and/or water service if the customer received either of such services. If electric and/or water service is not furnished the customer, statements shall be rendered at the close of each calendar month and shall be payable on or before the tenth day of the following month. All accounts and charges for garbage collections and other service under this section shall be (7)Payment of electric and/or water charges shall not be accepted unless the charges incurred under this section are paid at the same time. frequency of pickups per week. than five (5) days prior to the date fixed for hearing. the sum of twenty-five dollars ($25.00) per load. payable at the office of the utilities department. 35 -67- (8)Electric and/or water service shall be discontinued to any customer who has not paid charges for electric service, water service or both when he receives both such services, and the charges arising under this section, within the time specified. fn- (1987 Code, sec. 4-2; Ordinance 13-02, adopted 6/24/2013); (Ordinance 19-23, adopted 12/9/2019); (1987 Code, sec. 5-110); (1987 Code, sec. 5-110); (1987 Code, sec. 5-111); (1987 Code, sec. 5-115); [1987 Code, sec. 5-132); (1987 Code, sec. 5-135(d)); (1987 Code, sec. 5-147); (1987 Code, sec. 5-166); (1987 Code, sec. 5-277); (Ordinance24- adopted 9/26/2024); (1987 Code, sec. 13-3); (1987 Code, sec. 13- 47); (1987 Code, sec. 13-76); (1987 Code, sec. 19-67); (1987 Code, sec. 3-2); (1987 Code, sec. 17-5);(1987 Code, sec. 17-13); (1987 Code, sec. 17-15); (Ordinance 14-1, adopted 11/10/2014); ;(Ordinance 14-10, adopted 11/10/2014); (1987 Code, sec. 24-28); (1987 Code, sec. 24-29); (1987 Code, sec. 9-49); (1987 Code, sec. 16-10); (Ordinance06-02, sec.1, adopted227720060:1006)Ordinance18-08, adopted 11/26/2018); (1987 Code, sec. 20-61); (1987 Code, sec. 23-130Ordinance 06-06, adopted 9/11/2006; Ordinance 20- 04, adopted 9/14/2020; Ordinance 21-04, adopted 9/19/2021; Ordinance 23-04, adopted 9/1/2023; Ordinance 24- L adopted 9/26/2024); (1987 Code, sec. 23-18); (1987 Code, sec. 23-67; Ordinance 20- 05, sec. 1, adopted 9/14/2014; Ordinance 20-05, sec. 2, adopted 9/14/2020; Ordinance 21-05, adopted 9/13/2021; Ordinance 22-07, adopted 9/12/2022; ; Ordinance 23-05, adopted 9/11/2023; Ordinance 24- adopted 9/26/2024); (1987 Code, sec. 23-37; Ordinance 19-01, sec. 5, adopted 1/14/2019); (1987 Code, sec.23-121; Ordinance '9-01, adopted 1/14/2019); (1987 Code, sec. 23-122); (1987 Code, sec. 23- 123; Ordinance 19-01, sec. 15, adopted /14/2019HOrdinance 19-01, sec 16, adopted 1/14/2019); (1987 Code, sec. 23-125); (1987 Code, sec. 23-126); (1987 Code, sec. 23-127); (1987 Code, sec. 23-128); (1987 Code, sec. 11-14; Ordinance 14-01, sec. 3, adopted 2/10/2014; Ordinance 20-07, adopted 9/14/2020; Section 2. SAVINGS CLAUSE: All ordinances or parts of ordinances, in conflict herewith are to the extent of such conflict hereby repealed. The balance of such ordinance is Section 3. SEVERABILITY: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to by unconstitutional or illegal, such decision shall not affect the validity of the remaining sections of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, Section 4. EFFECTIVE DATE: That the rates and charges established hereby shall become effective and applicable to the November 2024 bill which covers the period between the Ordinance 23-07, adopted 9/13/2023; Ordinance 24-, adopted hereby saved from repeal. sentences, clauses or phrases be declared void. September 2024 and October 2024 meter reading dates. PASSED AND APPROVED on the First Reading on this the gth day of September, 2024, with 6 Councilpersons voting in favor hereof and 0 Councilpersons voting in opposition hereof. 36 -68- 37 -69- PASSED AND APPROVED on the Second Reading on this the 23rd day of September, 2024, with voting in opposition hereof. Councilpersons voting in favor hereof and Councipersons CITY OF LA GRANGE, TEXAS: BY Jan Dockery, Mayor ATTEST: Janet Bayer, City Secretary APPROVED ASTO FORM: Maria Angela Flores Beck, City Attorney 38 -70- -71- -72- : C - 1 -73- -74-