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Ord 120-2000 12/19/2000ORDINANCE NO. )2)0 ORDINANCE AMENDING SECTION 4 OF ORDINANCE 61 -2000 TO EXEMPT PLANT NURSERIES UTILIZING WATER FOR PLANT STOCK PRODUCTION FROM THE WATER CONSERVATION SURCHARGE REQUIREMENTS THAT APPLY DURING DROUGHT CONDITIONS AND AUTHORIZING REFUNDS TO THOSE PREVIOUSLY AFFECTED; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, on June 6, 2000, the City Council approved Ordinance No. 61 -2000 that provides rules for water use and surcharges during drought conditions; and WHEREAS, Section 4 of that ordinance provided that all yard and irrigation meters were to be included in the surcharge requirements regardless of the use of the water; and WHEREAS, it was not the intent of the Council to include plant nurseries that use irrigation meters for plant production as a part of their business in the water conservation surcharge requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Section 4 of Ordinance Number 61 -2000 is hereby amended in its entirety as follows: SECTION 4. A water conservation surcharge will be applied to all residential accounts when the 50% and 40% trigger levels are reached. At 50% there will be a $0.25 per Hundred Cubic Feet (CCF) surcharge for use over 15 CCF but less than 30 CCF. For consumption over 30 CCF but less than 45 CCF the surcharge will be $0.50. For consumption over 45 CCF the surcharge will be $1.00. At the 40% trigger level the surcharges will be $0.50, $1.00 and $2.00 respectfully. The same surcharges will apply to yard and irrigation meters for consumption over 3 CCF, 18 CCF and 33 CCF respectively. Surcharges will remain in effect until the Mayor announces the end to the restrictions. Water utilized by commercial nurseries for plant stock production shall not be subject to the surcharges specified herein. SECTION 2. Because it was not the City Council's intent to include nurseries that use water for plant stock production in the surcharge requirements of Ordinance 61 -2000, refunds to these customers are hereby authorized in the amount of the surcharges assessed since the October 2000 billing date. SECTION 3. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 19th day of December 2000. ATTEST: City Clerk &,,Iw 4aj- ,�AAYO