Ord 60-2013 10/15/2013
ORDINANCE NO. 60-2013
Ordinance Amending Section 106-126 Of The Code Of Ordinances Of
The City Of Wichita Falls To Add Retail Water Rates For The Reilly Road
Fill Station, Authorizing The City Manager To Execute An Interlocal
Agreement With Wichita County To Provide For An Automated
Dispensing Station And Remittance Of Administrative Fee To The
County To Provide For The Cost Of Said Station; Providing For
Codification, Declaring An Emergency, And Providing An Effective Date
WHEREAS, some residents of the City are not adjacent to water mains, and lack
sufficient liquid funds to provide water service to their residence, and the City desires to
provide a means for those residents to obtain water for their homes;and
WHEREAS, Wichita County is offering to provide monitoring mechanisms to allow
water sales to residents of Wichita County who are not adjacent to water mains and are
outside of service areas of other water providers, subject to the receipt of a $20 per month
administrative fee from each out-of-city customer to pay for the cost of an automated
dispensing station for the water; and
WHEREAS, persons who are not residents of the City do not pay taxes that provide
for the continued availability of water and policing of its usage; therefore, the City Council
finds that it is appropriate to charge a higher fee to non-City residents and limit purchases
by non-City residents to 7,500 gallons per month;
WHEREAS, the City Council finds that the Reilly Road Water Fill Station is not a
water service, but instead provides for periodic bulk water sales, may be terminated at any
time, and is not a retail water service that is susceptible to rate or reliability regulation by
any state agency, including but not limited to the Texas Commission on Environmental
Quality pursuant to Texas Water Code § 13.250; and
WHEREAS, after receiving and reviewing the aforementioned costs, the City
Council finds that the fees established herein do not exceed the amount reasonably
necessary to provide the services and administer and enforce the regulatory programs to
which they are related, and further finds that any discrimination established against non-
residents does not provide funds that exceed the taxpayer-funded amount of the described
programs and is intended to provide for the additional cost of administering water usage
outside the City limits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
1. Rates for Use of the Reilly Road Water Fill Station
Section 106-126 of the Wichita Falls Code of Ordinances is amended to add
Subsection (j) thereto, which will read as follows:
(j) Reilly Road Water Fill Station:
(1) Residential customers who are citizens of the City and are not
adjacent to water mains are eligible to obtain water from the
Reilly Road Water Fill Station during such periods as it is
operational. The Department of Public Works may place
additional rules on access to the Reilly Road Water Fill Station
as it determines are appropriate to limit access to those City
residents who are not adjacent to water mains. Rules governing
access from persons residing outside the City limits may
require additional certifications from Wichita County for the
purpose of verification and policing of water obtained from the
Reilly Road Water Fill Station.
(2) For residential customers obtaining water from the Reilly Road
Water Fill Station who are City residents, the rate shall be
$4.40 per thousand gallons of water.
(3) For residential customers obtaining water from the Reilly Road
Water Fill Station who are not residents of the City, the rate
shall be $8.80 per thousand gallons of water, plus a service fee
of $25.00 per month. Persons who are not residents of the City
may not purchase more than 7,500 gallons of water from the
Fill Station per month per residence.
(4) Persons purchasing water from the Reilly Road Water Fill
Station may only use said water in accordance with drought
management provisions applicable to water service from the
City, including drought surcharges.
2. Interlocal Agreement
The City Manager is authorized to execute an Interlocal Agreement, in a form to be
approved by the City Attorney, with Wichita County to provide for purchases of water from
the Reilly Road Water Fill Station by non-City-residents of Wichita County, the provision of
an automated dispensing station by the County, and the remittance of part of the
administrative fee to the County to provide for the cost of said station.
3. Codification
The sections of this ordinance that specify they amend or add to the Code of
Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said
sections of this ordinance may be renumbered or relettered to accomplish such intention.
4. Emergency Declaration and Effective Date
The City Council finds that the need for providing funds for the operation of the City
and administering the rates established herein constitutes an urgent public need for the
preservation of the peace, health and safety of property of the city, and declares that this is
an emergency measure. As an emergency measure, it shall become effective immediately,
with the rates established herein becoming immediately effective.
PASSED AND APPROVED this the 15th day of October, 2013.
______________________________
M A Y O R
ATTEST:
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City Clerk