92
51.71 Acres
Job No. 6858.0 I
Page 2 of4
chord bearing and distance of S 06°43 '36" E, 65.59 feet, at an arc length of
65.66 feet to point of tangency;
S I 1°25 '45" E, a distance of 141.49 feet to an angle point for the beginning
of a curve to the right;
Southwesterly, along the arc .of said curve to the right, said curve having a
radius of 400.00 feet, a central angle of 36°57'02", a chord bearing and
distance of S 07°02'46" W, 253.52 feet at an arc length of257.96 feet to a
point of tangency;
S 25°31' 17" W, a distance of 518.20 feet to an angle point for the beginning
of a curve to the right;
Southwesterly, along the arc of said curve to the right, said curve having a
radius of 400.00 feet, a central angle of 22°22'06", a chord bearing and
distance ofS 36°42'20" W, 155.17 feet at an arc length of 156.16 feet to a
point of tangency;
S 47°53'23" W, a distance of 500.61 feet to an angle point being the
southern most corner of the herein described tract;
N 42°06'37" W, a distance of 372.16 feet to an angle point for the
beginning of a curve to the left;
Northwesterly, along the arc of said curve to the left, said curve having a
radius of 1,000.00 feet, a central angle of 30°29'33", a chord bearing and
distance of N 57°21'24" W, 525.94 feet at an arc length of 532.20 feet to a
point of tangency;
N 72°36'10" W, a distance of 393.77 feet to an angle point tor the
beginning of a curve to the right;
______ . ··-- -·-·---··-- __________ Northweste.rly,_along_the..arc_ofsaid_ cur_v:e.to-the-right,-said.cur.Ye-having-a -radius of 500.00 feet, a central angle of 37°58'24", a chord bearing and
distance ofN 53°36'58" W, 325.35 feet at an arc length of331.38 feet to a
point of tangency;
N 34°37'47" W, a distance of26.67 feet to an angle point for the beginning
of a curve to the right;
Northwesterly, along the arc of said curve to the right, said curve having a
radius of 500.00 feet, a central angle of 03°52'51", a chord bearing and
...J PAPE·DAWSON
JDa ENGINEERS
51.71 Acres
Job No. 6858.0 I
Page 3 of4
distance ofN 32°41'21" W, 33.86 feet at an arc length of33.87 feet to an
angle point on the said northwestern line of said 205.00 acre tract;
THENCE:
Along and with the said northwestern line of said 205.00 acre tract, the
tbllowing caiJs and distances:
N 53°03'20" E, a distance of342.22 feet to an angle point;
N 53°01 '02" E, a distance of 156.47 feet to an angle point;
N 53°06'41" E, a distance of 119.79 feet to an angle point;
N 53°03' t 2" E, a distance of 160.04 feet to an angle point;
N 53°01 '20" E, a distance of 120.22 feet to an angel point;
N 52°55'58" E, a distance of99.93 feet to an angle point;
N 53°07'09" E, a distance of 157.70 feet to an angle point;
N 52°54'04" E, a distance of64.98 feet to an angle point;
N 53°14'44" E, a distance of59.79 feet to an angle point;
N 53°05'45" E, a distance of60.12 feet to an angle point;
N 52°49' 52" E, a distance of 59.97 feet to an angle point;
N 53°16'21" E, a distance of59.99 feet to an angle point;
N 52°52'05" E, a distance of 59.97 feet to an angle point;
N 53°09'59" E, a distance of60.06 feet to an angle point;
-------------------·--·---------------·
·----
---------·-------·
N 53°02'28" E, a distance of 119.92 feet to an angle point;
N 53°05'03" E, a distance of 60.03 teet to an angle point;
N 52°54' 46" E, a distance of 60.13 feet to an angle point;
N 53°15' 10" E, a distance of59.94 feet to an angle point;
..J PAPE·DAWSON
JD- ENGINEERS
94
51.71 Acres
Job No. 6858.0 I
Page4 of4
N 52°56'50" E, a distance of31.82 feet to the POINT OF BEGINNING and
containing 5 I. 71 acres of land in the City of New Braunfels, Comal County,
Texas.
·
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except
those rights and interests implied or established by the creation or reconfiguration of the
boundary of the political subdivision for which it was prepared.
Prepared by:
Job No:
Date:
Doc ld:
------
Pape-Dawson Engineers, Inc.
6858-01
July 11, 2007
P:\68\58\00\Word\Field Notes\070709-ZONING-C.doc
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fDa ENGINEERS
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96
PROHIBITED USES
The following listed uses are prohibited, only if such uses are the primary function of a
site, building or facility:
All terrain vehicle (ATV) dealer/sales
Ambulance service (private)
Amphitheater
Amusement services or venues (outdoors)
Assembly/exhibition hall or areas
Athletic fields
Auction sales (non-vehicle)
Auto body repair, garages (see Sec. 5.10)
Auto glass repair/tinting (see Sec. 5.1 0}
Auto interior shop I upholstery (see Sec. 5.1 0)
Auto muffler shop (see Sec. 5.1 0)
Auto or trailer sales rooms or yards ((see Sec. 5.11)
Auto or truck sales rooms or yards- primarily New (see
Sec. 5.11}
Auto paint shop (see Sec. 5.10)
Barber/beauty college (barber or cosmetology school
or college)
Barns and farm equipment storage (related to
agricultural uses)
Billiard I pool facility
Bingo facility
Bio-medical facilities
Bowling alley/center (see Sec. 5 .12}
Broadcast station (with tower) (see Sec. 5.6)
Bus barns or lots
Bus passenger stations
Carpenter, cabinet, or pattern shops
Carpet cleaning establishments
Cemetery and/or mausoleum
Check cashing service
Cleaning, pressing and dyeing facilities
Club (private)
Commercial amusement concessions and facilities
Communication equipment - installation and/or repair
Convenience store with gas sales
Dance hall I dancing facility (see Sec. 5.12)
Day camp
Driving range
Electrical substation
Exterminator service
Farms, general (livestock/ranch) (see Chapter 6,
Municipal Code and Sec. 5.8)
Feed and grain store
Filling station (gasoline tanks must be below the
ground)
Frozen food storage for individual or family use
Golf course (public or private)
Greenhouse
Heavy load (farm) vehicle sales/repair (see Sec. 5.13)
Heliport
Home repair and yard equipment retail and rental
outlets
Laundry, commercial (w/o self serve)
Lawnmower sales and/or repair
Limousine I taxi service
Maintenance/janitorial service
Micro brewery (onsite manufacturing and sales)
Motion picture studio, commercial film
Motorcycle dealer (primarily new I repair)
Moving storage company
Parking structure I public garage
Personal watercraft sales (primarily new I repair)
Plumbing shop
Portable building sales
Publishing/printing company (e.g., newspaper)
Recreation buildings (private)
Recreation buildings (public)
RV park
RV/travel trailer sales
School, K-12 (public or private)
Security monitoring company
Security systems installation company (with outside
storage)
Shooting gallery - indoor (see Sec. 5.12)
Sign manufacturing/painting plant
Tattoo or body piercing studio
Taxidermist
Telemarketing agency
Telephone exchange buildings (office only)
Tennis court (commercial)
Tire sales (outdoors)
Tool rental
Truck garden (no retail sales)
University or college (public or private)
Waterfront amusement facilities- Swimming/wading
pools/bathhouses
EXHIBIT "E"
'37
COUNCIL AGENDA ITEM
:3U8JECT
l\ilATTER/PROJECT:
PUBLIC HEARING AND FIRST READING- ORDINANCE REZONING 8.0
ACRES NEAR IH 35
~~==~~~~~---------------------------------------
ORIGJJ'I,:J,TJNG DEPA.RTi\J!Ei\lT:
COUNCIL DATE:
PLANNING
SEPTEMBER 24, 2007
PRESEi'ITER:
ROBERT KINSEY
.<l.GENDA ,q:;
AGErlDA CAPTlON:
PUBLtC HEARING AND FIRST READING OF AN ORDINANCE REZONING AN 8 ACRE TRACT OF
LAND ADJACENT TO AND EAST OF LOT 1C, GREENWAY PLAZA SUBDIVISION, FROM "APD
AGRICUL TURALIPRE-DEVELOPMENT DISTRICT" TO "M-1 A LIGHT INDUSTRIAL DISTRICT, WITH
A RESTRICTION".
AP ?Ll CANT /0\11/N.ER:
Current Owner(s):
Agent:
Ruben Reininger
555 Hunters Creek Dr.
New Braunfels, TX 78132
Ted Alexander
SACK GROUND:
The subject property is located adjacent to Lot 1C, Greenway Plaza Subdivision, off of IH 35 S,
approximately 1,500' south of Rueckle Road. The subject property is currently vacant. The 8
acre tract is adjacent to the Leisure Pools property that was recently rezoned from "C-3
Commercial District" and "APD Agricultural/Pre-Development District" to "M-1A Light Industrial
District". The subject property is intended to be utilized as an expansion of the existing Leisure
Pools operation.
The property owner has agreed to an additional restriction to eliminate multifamily uses from the
zoning designation.
GENERAL INFOBl\ilATlON:
Case #
Size:
Surrounding Zoning
and Land Use:
Comprehensive Plan Future
Land Use Designation:
PZ09/07 -2
8.0 acres (348,480 sq. ft.)
North - "M-1 A Light Industrial District" I Industrial
South- "APD Agricultural/Pre-Development District"
I Agricultural &Vacant
East- "APD Agricultural I Pre-Development District" I Agricultural
& Vacant
West - "R-1A-6.6 Single-Family District" I Vacant
Residential Medium/High Density
i\lOTlFlC.,J,TlON:
Six notices were sent to property owners located within 200 feet of the property in question.
No responses were received in objection or in favor.
September 24, 2007
98
''i
C0:1Jl:lill S31 0 ;:{E CmJl,\i! E1\IO ,~ Tl 01\l:
The Planning Commission held a public hearing on September 4, 2007, and recommended
approval by a vote of 7-0-0.
STAFF
RECOl\t!~t!Ei'JDATIOi'l:
Staff recommended approval of the zone change with the additional restriction to eliminate
multifamily uses.
PLAi'lNING COi\tli\iliSSlONERS AT THE HEA.RirlG:
1.
Cheryl Casteel
2.
0. Daniel Castillo
3.
Judith Dykes-Hoffman
4.
Fred Heimer
5.
6.
7.
Jan Kotylo
Randy Vanstory, Vice Chairman
Mike Ybarra, Chairman
PROS AND CONS BASED ON THE POUCIE.S FR01v! TI-lE :2006 CO·MPREHENSIVE PLAi'l:
Pros:
Goal 1A
Evaluate proposed zone changes to maintain land use compatibility, as well as
the integration of mixed land uses as a component of achieving better places to
live. The properties fronting IH 35 in this area are primarily commercial and
industrial in use. There are a few large lot single-family/agricultural lots as well.
A light industrial business at this location will provide for integrated mixed land
use and is not surrounded by any residential neighborhoods.
Goai1C
Consider rezoning, as necessary, to ensure existing and future land use
compatibility. The property immediately adjacent to the subject tract is zoned M1A Light Industrial and the properties fronting IH 35 are shown as industrial on
the Future Land Use Plan.
Goai1F
Locate future industrial development in areas that are suitable and appropriate
for industrial zoned property, such as adjacent to existing industrial development
and along railroad tracks. The property is located in an area designated by the
Comprehensive Future Land Use Plan as commercial I light industrial. The
property has frontage on the interstate. Other properties in the area are primarily
commercial and light industrial.
Goal11
Industrial and commercial development should be planned and designed to avoid
truck access through residential neighborhoods. The property will be accessed
through the existing Leisure Pool property from IH 35.
Does not comply with the Comprehensive Plan Future Land Use Plan.
ATTAC[lil.tlENTS:
1.
Excerpt from Planning Commission minutes of September 4, 2007.
2.
Zoning/Location Map
3.
Aerial
4.
Notification Map
U:\Pianning\CCagenda\ZoneChgs&SUP\Relninger Ruben APD to M-1A.doc
:--=:n,:nlcoa: - - - - - - - :: y:;' ;:i
'J.Ll
September 24, 2007
99
DRAFT
EXCERPT FROM PLANNING COMMISSION MINUTES OF SEPTEMBER 4, 2007
PUBLIC HEARINGS
Hold a public hearing and make a recommendation to City Council regarding Case #PZ09/07-2, the proposed
rezoning of an 8 acre tract of land adjacent to and east of Lot 1C, Greenway Plaza Subdivision, from "APD
Agricultural f Pre-Development District" to "M-1A Light Industrial District". (Ruben Reininger)
Mr. Greene explained that the subject property would be used for the future expansion of the Leisure Pools
operation. He said six notices were sent to property owners within 200ft. of the subject property; no responses were
received. He said staff recommended approval with the condition that multifamily uses were eliminated.
Chairman Ybarra asked if there was anyone in the audience who wished to speak in favor of the rezoning. No one
spoke.
Chairman Ybarra asked if there was anyone in the audience who wished to speak in opposition to the rezoning. No
one spoke.
Commissioner Dykas-Hoffmann moved to close the public hearing. The motion was seconded by Commissioner
Heimer, and carried unanimously. (7-0-0)
Motion by Commissioner Casteel, seconded by Commissioner Dykes-Hoffmann, that Case #PZ09/07-2, the
proposed rezoning of an 8 acre tract of land adjacent to and east of Lot 1C, Greenway Plaza Subdivision, from "APD
Agricultural I Pre-Development District" to "M-1A Light Industrial District", be forwarded to City Council with the
elimination of multifamily uses. The motion carried unanimously. (7-0-0)
ATTACHMENT 1
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Residential Medium Density
Residential High Density
Manufactured Home community
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1
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,---
Revised 8/24/07
102
PLANNING COMMISSION - September 4, 2007 6:30PM
New Braunfels Municipal Building, Council Chambers
Applicant:
Ruben Reininger
Address/Location:
8.00 acre tract of land adjacent to and east of Lot 1C, Greenway Plaza Subdivision,
located south of IH 35 and Rueckle Road
Owner(s):
Ruben Reininger
REQUEST FOR REZONING- CASE #PZ09/07-2
The circled numbers on the map correspond to the property owners listed below. All information is from the
Coma! Appraisal District Records. "Z" indicates common ownership of properties. The property under
consideration is marked as "SUBJECT".
1.
2.
3.
Gunnarson, Kimberley
Green Enterprises, Ltd.
Char Mar, Ltd.
4.
5.
6.
Reininger, Ruben and Celestine
Ebert, Eugene J.
Edwards, D. Lee and Little, James H.
SEE MAP ON REVERSE
ATTACHMENT 4
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Revised 8/1 7/07
104
ORDINANCE NO. 2007AN ORDINANCE REZONING AN 8 ACRE TRACT OF LAND ADJACENT TO AND EAST OF
LOT tC, GREENWAY PLAZA SUBDIVISION, FROM "APD AGRICULTURAUPREDEVELOPMENT DISTRICT" TO "M-1A LIGHT INDUSTRIAL DISTRICT, WITH A
RESTRICTION".
WHEREAS, the City Council of the City of New Braunfels has complied with all requirements of
notice of public hearing as required by the Zoning Ordinance of the City of New Braunfels; and
WHEREAS, in keeping with the spirit and objectives of the "M-1A Light Industrial Districf', the City
Council has given due consideration to all components of said district; and
WHEREAS, it is the intent of the City Council to provide harmony between existing zoning districts
and proposed land uses; and
WHEREAS, the City Council desires to amend the Zoning Map by changing an 8 acre tract of land
adjacent to and east of Lot 1C, Greenway Plaza Subdivision, from "APD Agricultural/Pre-Development Districf'
and to "M-1 A Light Industrial District" with an additional restriction;
NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW
BRAUNFELS:
SECTION 1
THAT Sections 1.2-1 and 1.2-2, Chapter 144, of the New Braunfels Code of Ordinances and
particularly the Zoning Map of the City of New Braunfels, are amended by changing the following described
tract of land from "APD Agricultural/Pre-Development District" to "M-1 A Light Industrial District" (r85). The
(r85) shall mean with an additional restriction:
"An 8 acre tract of land adjacent to and east of Lot 1C, Greenway Plaza Subdivision, as
delineated on Exhibit "A".
SECTION2
THAT, in accordance with Section 2.1-3, Chapter 144, Zoning, of the Code of
Ordinances, the following restriction shall be considered as an amendment to the zoning
ordinance for the property described in Section 1 of this ordinance:
1. Multifamily uses shall be prohibited.
SECTION3
THAT all provisions of the Code of Ordinances of the City of New Braunfels not herein amended or
repealed shall remain in full force and effect.
1
105
SECTION 4
THAT all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent
that they are in conflict.
SECTIONS
THAT if any provisions of this ordinance shall be held void or unconstitutional, it is hereby provided
that all other parts of the same which are not held void or unconstitutional shall remain in full force and effect.
SECTION 6
THIS ordinance will take effect upon the second and final reading of same.
1
PASSED AND APPROVED: First Reading this the 24 h day of September, 2007.
1
PASSED AND APPROVED: Second and Final Reading this the 8 h day of October, 2007.
CITY OF NEW BRAUNFELS
R. BRUCE BOYER, Mayor
ATTEST:
MICHAEL A. RESENDEZ, City Secretary
APPROVED AS TO FORM:
ALLAN C. WAYLAND, City Attorney
U:\Pianning\Ordinances\Zone Changes\Reininger Ruben M-1A.doc
2
106
I. H. 35
6=00'08'38"
R,.22768.30'
L=57.21'
TRACT1
9.388ACRES
LOT1C
RESUBDIVISION PLAT
OF LOTS 1A, 18, & 1C
GREENWAY PLAzA
LOT 18
...t-'<!l1).."((d__(Llj.,_
VOL 10, PG. 41, M.P.R.O.C.T.
__ £B.,_ _ _ _,_,,,__
S 3513'00 E
571.00'
:K•t6iiZIE
SURVEYING
COMPANY
. EXHIBIT
-------(----·-· ---. . . ------------.-------1--------_.;..--=-----""""'""'""'
LOl1C OF
.
-~-·
RESUBDIVISION PLAT OF LOTS 1A, 1B & 1r.
GREEI"<<WAY PLAZA
AND PROPOSED 8.0 ACRES
DRAW:. DKP
APPRD'I!:D FOR ISSIJu
JOB NO.: 1026-001-07-800
107
COUNCil AGENDA ITEM
SU.SJE·CT
DISCUSS AND CONSIDER REAPPOINTMENT OF A SIGN ORDINANCE
COMMITTEE TO EVALUATE THREE PROPOSED CHANGES TO SIGN
ORDINANCE
PLANNING
COUi"IClL DATE:
SEPTEMBER 24, 2007
BOB KINSEY
4(G)
;:~GENDA
·CAPTION:
DISCUSS AND CONSIDER REAPPOINTING A SIGN ORDINANCE COMMITTEE TO EVALUATE
THREE PROPOSED CHANGES TO THIE CURRENT SIGN ORDINANCE.
RJ.\ TlONALE:
At its previous meeting, Council requested staff to contact members of the previous Sign Ordinance
Committee to see if they are interested in reappointment of the committee to evaluate the following three
proposed changes to the current sign ordinance:
1) On-premise signs.
•
Height limit added. IH 35: 40 feet from main lanes. 377: No taller than building. 6 feet elsewhere.
~
Number of signs: One tall sign on IH 35 and 337, then monument signs no taller than 6 feet at 1
sign/100 feet of street frontage. Number of signs is increased from 1/250 to 1/100 feet of frontage
where signs may not be taller than 6 feet (everywhere except 35 and 337).
•
Only pylon and monument signs allowed.
Size made smaller on streets other than IH 35. Size is dependent on street frontage.
•
337: 60 sq. ft. plus 1 sq. ft. /1 foot of street frontage over 100 feet to a maximum of 200 sq. ft.
Streets other than 35 and 337: 36 sq. ft. plus 1 sq. ft. /1 foot of street frontage over 60 feet of
frontage to a maximum of 120 sq. ft.
2)
Definition for pylon sign added. It must have at least two supports and their width must total at least
20% of the sign's width.
3)
Electronic video display signs are prohibited. Electronic message signs, like time and temperature,
are allowed but may be no larger than 40 sq. ft.
As of September 18, 2007, staff has received favorable responses for reappointment of a Sign Ordinance
Committee.
FlSCAL liVl?i.\CT:
N/A.
BOARD
N/A
STAfF
N/A
RECOl\i1rul;=i\JD,~Tli.)i\1:
R!ECOM~il!E:i'JD.!:i, Tl0\\1:
j\TTACHllil2i'JTS
N/A
U:\Pianning\CCagenda\Signs\Sign Ord Comm Reappointment 9-24-07.doc
;=Jn:anc.?:
-------
108
COUNCIL AGENDA ITEM
:SU8.JECT
Ordinance Regarding NBU Water Rate Increase
~~lATTER/?RO.JECT:
oa!G!~lAT;~iG
DEPARTi'ilEi'iT:
NBU
PRESENTER:
Paula Difonzo
September 24, 2007
COU,\JCIL 0>-\TE:
AGENDA CAPTlON:
FIRST READING OF AN ORDINANCE AMENDING AND REPLACING CHAPTER 130, ARTICLE IV,
SECTIONS 130-167. WATER RATES, CODE OF ORDINANCES, CITY OF NEW BRAUNFELS, TEXAS;
RELATING TO RATES FOR THE NEW BRAUNFELS UTILITIES WATER SYSTEM; REPEALING ALL
OTHER ORDINANCES OR PART THEREOF IN CONFLICT HEREWITH; CONTAINING A SAVINGS
CLAUSE; AND HAVING AN EFFECTIVE DATE.
RATIONALE:
New Braunfels Utilities conducted a cost of service study on the water and sewer systems, and it was
determined that rate increases of at least 8%% each year for the next five years are necessary to meet
the revenue requirements of the NBU five year Financial Operating Plan. However, a Wastewater
System Capital Improvement Study for infrastructure needs through 2020 was recently completed, which
has not yet been incorporated in our current five year planning horizon. Preliminary results would seem to
indicate significant additional capital expenditures and increased revenue requirements beyond the needs
identified in the current NBU Financial Operating Plan. Due to the recently received capital improvement
data, NBU is recommending that 8%% increases be implemented in 2007 and 2008 at this time.
n/a
NBU Board has unanimously recommended approval of the water rate increase.
Staff recommends Council approve the ordinance.
I
109
ORDINANCE N O . - - - - AN ORDINANCE AMENDING AND REPLACING CHAPTER 130, ARTICLE IV,
SECTIONS 130-167. WATER RATES, CODE OF ORDINANCES, CITY OF NEW
BRAUNFELS, TEXAS; RELATING TO RATES FOR THE NEW BRAUNFELS
UTILITIES WATER SYSTEM; REPEALING ALL OTHER ORDINANCES OR
PARTS THEREOF IN CONFLICT HEREWITH; CONTAINING A SAVINGS
CLAUSE; AND HAVING AN EFFECTIVE DATE.
WHEREAS, the City of New Braunfels, Texas, owns and operates by and through New
Braunfels Utilities its own water system in accordance with the laws of the State of Texas
and the charter of said City; and
WHEREAS, the Council of the City ofNew Braunfels has established an ordinance
containing the rules, regulations, policies, and rate provisions affecting the New Braunfels
Utilities water system and its sale of water, fixing rates and providing for collection thereof
and the operation of said system, and which ordinance has been codified as Chapter 130,
Article IV, Code of Ordinances of the City ofNew Braunfels; and
WHEREAS, the Board of Trustees ofNew Braunfels Utilities has reviewed the current
schedule of rates and charges and has determined that the rates and charges should be
adjusted and has submitted its recommendations to the City Council; and
WHEREAS, in making its recommendations, the Board of Trustees considered applicable
rate making standards and policy service considerations; and
WHEREAS, the City Council hereby finds that Section 130-167 should be repealed in its
entirety and a new Section 130-167 be adopted as recommended by the Board ofTrustees of
New Braunfels Utilities to provide for the continued preservation of the public health, safety
and welfare of the people;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NEW BRAUNFELS, TEXAS:
SECTION 1. The findings and recitations set out in the preamble to this Ordinance are found
to be true and correct and they are hereby adopted by the City Council and made a part
hereof for all purposes.
SECTION 2. That Section 130-167 of the Code of Ordinances, City ofNew Braunfels as it
currently exists is repealed and a new Section 13 0-167 is adopted which section shall read as
follows:
Sec. 130-167. Water rates.
(a) Service rate classifications. All water service supplied shall be designated by the
following classifications with descriptions, rates and conditions of sale as indicated further in
this section:
Residential service 1: Inside corporate limits of the city.
u:legal\ordinances\waterrates85\9/19/2007
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Residential service 2: Outside corporate limits of the city.
Multi-unit permanent residential water service 1: Inside corporate limits of the city.
Multi-unit permanent residential water service 2: Outside corporate limits of the city.
General service 1: Inside corporate limits of the city.
General service 2: Outside corporate limits of the city.
Large general service.
Fire hydrant service.
Irrigation service 1: Inside corporate limits of the city.
Irrigation service 2: Outside corporate limits of the city.
Tanker service.
Wholesale service.
Contractual water service.
Experimental service.
(b) Determination of classification. Upon application for service, NBU shall make the
initial determination of the customer's service rate classification. The classification is subject
to change in accordance with the provisions of this article.
Rate schedule administration and assignment. Upon request for water service from a
prospective customer, NBU shall assign the appropriate rate classification for water service
to the applicant requesting service. This assignment may be based upon information provided
by the applicant, or other information available at the time the assignment is made.
If a customer receiving service changes the nature or character of water service requirements,
then NBU shall, upon review of the information available pertaining to the revised water
service requirement, reassign the customer to the appropriate rate schedule.
If a prospective or existing customer is eligible to receive water service under more than one
of the NBU' rate schedules, or if the rates charged are unduly burdensome as a result of the
customer's technical qualification for a specific rate schedule, then NBU shall assign the
most appropriate rate schedule for water service after consideration of the various service
requirements, potential impact on NBU facilities, the potential relative costs of serving the
customer, and other available pertinent information.
If a customer requests an adjustment to the billing units due to an unusual occurrence or due
to unusual or special circumstances, then NBU may, upon review of the information
available pertaining to the customer's request and after consideration of the potential impact
on NBU, adjust the billing units.
(c) Residential service 1 rate.
(1) Availability. The residential service 1 rate is available only within the corporate limits
of the city under the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The residential service 1 rate is applicable for water service used solely
for residential purposes and related activities consisting of service to single-family dwellings,
or permanent residential multifamily dwellings where each dwelling unit is individually
metered.
(3) Excluded uses. The residential service 1 rate shall not be applicable for service to a
residence located outside the city limits ofNew Braunfels, Texas or to a residence also used
for commercial purposes, including, but not limited to, boardinghouses, motels, hotels,
nursing homes, barbershops, beauty shops, general contractors storing equipment or building
materials on the property, child care centers, retail businesses, restaurants, technical repair
services, professional services offered to the public on the premises, and other similar
commercial or nonresidential activities.
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(4) Monthly rates. The residential service 1 rate will be calculated monthly in accordance
with this section and will be an amount equal to the sum of the monthly customer charge plus
the monthly volume charge, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
Meter Size
Customer Charge
Effective November ~ffective November
1,2007
1, 2008
5/8-inch and smaller
$10.35
$11.23
l-inch
11.94
12.95
1 1/2-inch
14.13
15.33
2-inch
17.59
19.09
3-inch
26.38
28.62
4-inch and greater
31.40
34.07
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
Gallons of Water Usage
$per 1,000 gallons
Effective November
1, 2007
!Effective November
1, 2008
0--7,500
1.885
2.045
7,501--15,000
2.199
2.386
15,001--25,000
2.512
2.726
Excess of25,000
3.014
3.270
(5) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge; or
b. The amount specified in any contract between the customer and NBU.
(d) Residential service 2 rate.
(1) Availability. The residential service 2 rate is available outside the corporate limits of the
city under the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The residential service 2 rate is applicable for water service used solely
for residential purposes and related activities consisting of service to single-family dwellings,
or permanent residential multifamily dwellings where each dwelling unit is individually
metered.
(3) Excluded uses. The residential service 2 rate shall not be applicable for service to a
residence also used for commercial purposes, including but not limited to boardinghouses,
u: legal\ordinances\waterrates85\9/ 19/2007
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motels, hotels, nursing homes, barbershops, beauty shops, general contractors storing
equipment or building materials on the property, child care centers, retail businesses,
restaurants, technical repair services, professional services offered to the public on the
premises, and other similar commercial or nonresidential activities.
(4) Monthly rates. The residential service 2 rate will be calculated monthly in accordance
with this section and will be an amount equal to the sum of the monthly customer charge plus
the monthly volmne charge, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
Customer Charge
Meter Size
Effective November Effective November
1,2008
1,2007
5/8-inch and smaller
$14.48
14.48
l-inch
16.50
16.50
1 1/2-inch
18.81
19.16
2-inch
24.31
24.31
3-inch
34.73
35.78
4-inch and greater
46.31
46.31
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
Gallons of Water Usage
$ per 1,000 gallons
Effective November
1,2007
Effective November
1, 2008
0--7,500
2.356
2.556
7,501--15,000
2.749
2.983
15,001--25,000
3.140
3.408
3.768
~.088
Excess of25,000
..
The m1mmum monthly charge shall be the larger of the
-
(5) Minimum monthly charge.
following:
a. The monthly customer charge plus the monthly volume charge; or
b. The amount specified in any contract between the customer and NBU.
(e) Multi-unit permanent residential service 1 rate.
(1) Availability. The multi-unit permanent residential service 1 rate is available only within
the corporate limits of the city under the rules, regulations, policies, and at the rates set forth
in this section.
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(2) Applicability. The multi-unit permanent residential service 1 rate is applicable for water
service used solely for permanent residential multi-unit development, such as duplexes,
triplexes, quadruplexes, apartment buildings, or an individual residence with separate
apartment type unit(s) where each dwelling unit is not individually metered.
(3) Excluded uses. The multi-unit permanent residential service 1 rate shall not be
applicable for service to a multi-unit development located outside the city limits ofNew
Braunfels, Texas, or to individually metered residential dwellings.
(4) Monthly rates. The multi-unit permanent residential service 1 rate will be calculated
monthly in accordance with this section and will be an amount equal to the sum of the
monthly customer charge plus the monthly volume charge plus the monthly unit charge, as
shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
Meter Size
Customer Charge
Effective November Effective November
1,2007
1,2008
5/8-inch and smaller
$10.35
11.23
l-inch
11.94
12.95
1 1/2-inch
14.13
15.33
2-inch
17.59
19.09
3-inch
26.38
28.62
4-inch and greater
31.40
34.07
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
Number of Units
2--4
5--10
11--25
Gallons of Water Usage
$per 1,000 gallons
Effective November
1,2007
Effective November
1 2008
0--8,000
1.984
2.153
8,001--20,000
2.073
2.249
Excess of20,000
2.450
2.658
0--20,000
1.885
2.045
20,001--40,000
1.946
2.111
Excess of 40,000
2.009
2.180
0--40,000
1.822
1.977
u:legal\ordinances\waterrates85\9/19/2007
114
26--50
51--75
76--100
100 +
40,001--100,000
2.009
12.180
Excess of 100,000
2.073
12.249
0--100,000
1.885
2.045
100,001--200,000
2.073
~.249
Excess of200,000
2.324
2.522
0--200,000
1.847
2.004
200,001--300,000
1.946
2.111
Excess of 300,000
2.135
2.316
0--300,000
1.910
2.072
300,001--400,000
2.135
2.316
Excess of 400,000
2.387
~.590
0--400,000
1.922
2.085
400,001--800,000
2.199
2.386
Excess of 800,000
2.387
2.590
Monthly unit charge. When a customer w1th a master metered water service receives service
at a duplex, triplex, quadruplex, apartment complex or individual residence with separate
apartment type unit(s) each such separate and identifiable permanent residential area and
each public bathroom, laundry area, or other area where water service exists shall be subject
to a monthly unit charge for billing purposes. The monthly charge for each unit in excess of
one unit shall be $5.02 per month effective November 1, 2007; $5.45 per month effective
November 1, 2008.
NBU will not undertake the apportionment of charges for such users of water among the
occupants or tenants. Charges for multi-unit service will be assessed against the customer of
record for such location.
(5) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge, plus the monthly unit
charge; or
b. The amount specified in any contract between the customer and NBU.
(f) lYfulti-unit permanent residential service 2 rate.
(1) Availability. The multi-unit permanent residential service 2 rate is available in the water
service area ofNBU outside the corporate limits of the city under the rules, regulations,
policies, and at the rates set forth in this section.
(2) Applicability. The multi-unit permanent residential service 2 rate is applicable for water
service used solely for permanent residential multi-unit developments, such as duplexes,
triplexes, quadruplexes, apartment buildings or individual residence with separate apartment
type unit(s) where each dwelling unit is not individually metered.
(3) Excluded uses. The multi-unit permanent residential service 2 rate shall not be
applicable for service to a multi-unit development located inside the corporate limits of the
city or to individually metered residential dwellings.
u:legal\ordinanccs\waterrates85\9/!9/2007
115
(4) Monthly rates. The multi-unit permanent residential service 2 rate will be calculated
monthly in accordance with this section and will be an amount equal to the sum of the
monthly customer charge plus the monthly volume charge plus the monthly unit charge, as
shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
Meter Size
Customer Charge
Effective November Effective November
1, 2008
1, 2007
5/8-inch and smaller
$19.97
19.97
l-inch
22.00
~2.00
1 1/2-inch
24.90
24.90
2-inch
31.26
31.26
3-inch
38.20
38.20
4-inch and greater
45.15
45.15
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
Number of Units
2--4
5--10
11--25
26--50
Gallons of Water Usage
$ per 1,000 gallons
Effective November
1,2007
Effective November
1,2008
0--8,000
2.480
~.691
8,001--20,000
2.591
2.811
Excess of 20,000
3.063
3.323
0--20,000
2.356
2.556
20,001--40,000
2.433
12.639
Excess of 40,000
2.511
12.725
0--40,000
2.278
12.471
40,001--100,000
2.511
2.725
Excess of 100,000
2.591
~.811
0--100,000
2.356
2.556
100,001--200,000
2.591
2.811
u: legal\ord inances\waterrates85\9/ 19/2007
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51--75
76--100
100 +
Excess of200,000
2.905
3.153
0--200,000
2.309
12.505
200,001--3 00,000
2.433
2.639
Excess of 300,000
2.669
12.895
0--300,000
2.388
2.590
300,001--400,000
2.669
12.895
Excess of 400,000
2.984
3.238
0--400,000
2.403
2.606
400,001--800,000
2.749
12.983
Excess of 800,000
2.984
3.238
Monthly unit charge. When a customer w1th a master metered water service receives service
at a duplex, triplex, quadruplex, apartment complex or individual residence with separate
apartment type unit(s) each such separate and identifiable permanent residential area and
each public bathroom, laundry area, or other area where water service exists shall be subject
to a monthly unit charge for billing purposes. The monthly charge for each unit in excess of
one unit shall be $6.66 per month effective November 1, 2007; $6.81 per month effective
November 1, 2008.
NBU will not undertake the apportionment of charges for such users of water among the
occupants or tenants. Charges for multi-unit service will be assessed against the customer of
record for such location.
(5) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge, plus the monthly unit
charge; or
b. The amount specified in any contract between the customer and NBU.
(g) General Service 1 rate.
(1) Availability. The general service 1 rate is available only within the corporate limits of
the city under the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The general service 1 rate is applicable to water service for any customer
which does not qualify for service under another rate schedule, and includes, but is not
limited to nursing homes, schools, restaurants, cafes, bakeries, grocery stores, motels, hotels,
banks, barbershops, beauty shops, child care and day care centers, churches, professional
offices, feed and hardware stores, funeral homes, furniture stores, general offices, laundries,
nurseries and garden centers, retail businesses, and warehouses and other similar
nonresidential customers.
(3) Monthly rates. The general service 1 rate will be calculated monthly in accordance with
this section and will be an amount equal to the sum of the monthly customer charge plus the
monthly volume charge plus the monthly unit charge, if applicable, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
u:legal\ordinances\waterrates85\9/19/2007
117
Meter Size
Customer Charge
Effective November ~ffective November
1,2007
1, 2008
5/8-inch and smaller
$11.62
12.61
l-inch
12.56
13.63
11/2-inch
16.33
17.72
2-inch
20.73
22.49
3-inch
31.40
34.07
4-inch
47.74
51.80
6-:inch and greater
82.90
89.95
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
Gallons of Water Usage
$per 1,000 gallons
Effective November
1,2007
Effective November
1, 2008
0--5,000
1.885
2.050
5,001--50,000
1.946
~.110
50,001--200,000
2.009
~.180
Excess of200,000
2.135
2.320
Monthly unit charge. When a customer receives service at a multi-unit facility, each separate
and identifiable office, retail, wholesale or other type of working areas designed for
occupancy by separate tenants or unrelated users shall be subject to a monthly unit charge for
billing purposes. The monthly charge for each unit in excess of one unit shall be $5.02 per
month effective November 1, 2007; $5.45 per month effective November 1, 2008.
NBU will not undertake the apportionment of charges among the occupants or tenants.
Charges for multi-unit service will be assessed against the customer of record for such
location.
(4) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge plus the monthly unit
charge, if applicable; or
b. The amount specified in any contract between the customer and NBU.
(h) General service 2 rate.
(1) Availability. The general service 2 rate is available outside the corporate limits of the
city under the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The general service 2 rate is applicable to water service for any customer
which does not qualify for service under another rate schedule, and includes, but is not
limited to nursing homes, schools, restaurants, cafes, bakeries, grocery stores, motels, hotels,
u:legal\ordinances\waterrates85\9/19/2007
118
banks, barbershops, beauty shops, child care and day care centers, churches, professional
offices, feed and hardware stores, funeral homes, furniture stores, general offices, laundries,
nurseries and garden centers, retail businesses, and warehouses and other similar
nonresidential customers, and where the customer is located within NBU service area but
outside the corporate limits of the city except as specifically set forth in this article.
(3) Monthly rates. The general service 2 rate will be calculated monthly and will be an
amount equal to the sum of the monthly customer charge plus the monthly volume charge
plus the monthly unit charge, if applicable, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
Meter Size
Customer Charge
Effective November Effective November
1, 2007
1,2008
5/8-inch and smaller
$17.37
17.37
l-inch
18.52
18.52
1 1/2-inch
24.02
24.02
2-inch
30.39
30.39
3-inch
46.31
f46.31
4-inch
70.61
70.61
6-inch and greater
122.71
122.71
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
Gallons of Water Usage
$ per 1,000 gallons
Effective November
1, 2007
!Effective November
1, 2008
0--5,000
2.547
2.560
5,001--50,000
2.605
2.640
50,001--200,000
2.663
2.730
Excess of 200,000
2.837
2.900
Monthly unit charge. When a customer receives service at a mult1-unit facility, each separate
and identificable office, retail, wholesale or other type of working areas designed for
occupancy by separate tenants or unrelated users shall be subject to a monthly unit charge for
billing purposes. The monthly charge for each unit in excess of one unit shall be $6.66 per
month effective November 1, 2007; $6.81 per month effective November 1, 2008.
u:legal\ordinances\waterrates85\9/19/2007
119
NBU will not undertake the apportionment of charges among the occupants or tenants.
Charges for multi-unit service will be assessed against the customer of record for such
location.
(4) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge plus the monthly unit
charge, if applicable; or
b. The amount specified in any contract between the customer and NBU.
(i) Large general service rate.
(1) Availability. The large general service rate is available under the rules, regulations,
policies, and at the rates set forth in this section.
(2) Applicability. The large general service rate is applicable to customers with water
consumption exceeding 1,250,000 gallons per month for at least. any six months of the
immediately preceding 12-month billing period. Service shall only be provided under
contract approved by the board of trustees ofNBU due to the special capacity service
requirements.
(3) Monthly rates. The large general service rate will be calculated monthly in accordance
with this section and will be an amount equal to the sum of the monthly customer charge and
the monthly volume charge, as shown below.
Monthly customer charge: $1,437.53 effective November 1, 2007; $1,559.72 effective
November 1, 2008.
Monthly volume charge: $1.922 per 1,000 gallons effective November 1, 2007; $2.085 per
1,000 gallons effective November 1, 2008.
(4) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge; or
b. The amount specified in any contract between the customer and NBU.
G) Fire hydrant service rate.
(1) Availability. The fire hydrant water service rate is available under the rules, regulations,
policies, and at the rates set forth in this section.
(2) Applicability. The fire hydrant water service rate is applicable to water service provided
through a fire hydrant, whether metered or estimated. Any customer requesting service under
this rate must make arrangements with NBU prior to the date service is required. A service
charge of $100.00 will be assessed to set and remove the fire hydrant meter.
(3) Monthly rates. The fire hydrant service rate will be calculated monthly in accordance
with this section and will be an amount equal to the sum of the monthly customer charge and
the monthly volume charge, as shown below.
Monthly customer charge: $101.74 effective November 1, 2007; $110.39 effective
November 1, 2008.
Monthly volume charge: $2.450 per 1,000 gallons effective November 1, 2007; $2.658 per
1,000 gallons effective November 1, 2008.
(4) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge; or
b. The amount specified in any contract between the customer and NBU.
(5) Deposit. All customers using a fire hydrant meter shall furnish a deposit of $300.00 or
establish other means of credit acceptable to NBU.
(k) Landscape/irrigation service 1 rate.
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(1) Availability. The landscape/irrigation service 1 rate is available only within the
corporate limits of the city under the rules, regulations, policies, and at the rates set forth in
this section.
(2) Applicability. The landscape/irrigation service 1 rate is applicable to water service for a
residential 1 or general service 1 rate classification customer who has a sprinkler or irrigation
system on a separate water meter (i) dedicated exclusively to such purpose and (ii) which is
in addition to one or more other water meters serving the same location.
(3) Monthly rates. The landscape/irrigation service 1 rate will be calculated monthly and
will be an amount equal to the sum of the monthly customer charge and the monthly volume
charge, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
Meter Size
Customer Charge
Effective November Effective November
1, 2007
1, 2008
5/8-inch and smaller
$5.97
6.48
l-inch
6.91
7.50
1 1/2-inch
7.54
8.18
2-inch
9.10
9.87
3-inch
13.19
14.31
4-inch and greater
15.71
17.05
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
Gallons of Water Usage
$per 1,000 gallons
Effective November
1, 2007
Effective November
1, 2008
0--7,500
2.356
2.556
7,501--25,000
2.749
~.983
Excess of25,000
4.124
~.475
(4) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge; or
b. The amount specified in any contract between the customer and NBU.
(1) Landscape/irrigation service 2 rate.
(1) Availability. The landscape/irrigation service 2 rate is available outside the corporate
limits of the city under the rules, regulations, policies, and at the rates set forth in this
section.
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(2) Applicability. The landscape/irrigation service 2 rate is applicable to water service for a
residential 2 or general service 2 rate classification customer who has a sprinkler or irrigation
system on a separate water meter (i) dedicated exclusively to such purpose and (ii) which is
in addition to one or more other water meters serving the same location.
(3) Monthly rates. The landscape/irrigation service 2 rate -·Wi.ll be calculated monthly and
will be an amount equal to the sum of the monthly customer charge and the monthly volume
charge, as shown below.
Monthly customer charge. The' monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
Meter Size
Customer Charge
Effective November Effective November
1, 2007
1, 2008
5/8-inch and smaller
$8.11
8.11
l-inch
8.98
9.38
1 1/2-inch
9.85
10.23
2-inch
13.02
13.02
3-inch
16.50
17.89
4-inch and greater
22.00
22.00
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
Gallons of Water Usage
$ per 1,000 gallons
Effective November
1,2007
Effective November
1,2008
0--7,500
2.945
3.195
7,501--25,000
3.473
3.729
Excess of25,000
5.155
5.594
(4) Minimum monthly charge. The minimum monthly charge shall be the larger ofthe
following:
a. The monthly customer charge plus the monthly volume charge; or
b. The amount specified in any contract between the customer and NBU.
(m) Tanker service rate.
(1) Availability. The tanker service rate is available under the rules, regulations, policies,
and at the rates set forth in this section.
(2) Applicability. The tanker water service rate is applicable to water service provided at
locations approved by NBU, whether metered or estimated. Under this rate, a customer may
acquire and purchase water through the use of water tanker trucks or other mobile water
u:legal\ordinances\waterrates85\9/19/2007
122
transport containers. Any customer requesting service under this rate must make
arrangements with NBU prior to the date service is required.
(3) Rates. The rat~ for each tanker or other mobile water transport containers acquiring
water at locations approved by NBU shall be the sum of the tanker charge and the volume
charge, as shown below.
TABLE INSET:
Tanker charge
!Effective November Effective November
1,2007
1,2008
Per Month
$13.82
$14.99
Volume charge, per 1,000 gallons or any part
thereof
~.009
2.180
..
(4) Minimum charge. The m1mmum charge for each tanker truck connection shall be the
larger of the following:
a. The tanker charge plus the volume charge; or
b. The amount specified in any contract between the customer and NBU.
(n) Wholesale water service.
(1) Availability. Wholesale water service is available under the rules, regulations, and
policies, as set by contract and approved by the NBU board of trustees. Contracts for
wholesale service will be approved only when water supplies are sufficient to satisfy the
requirements of the contract without jeopardizing the water needs of the citizens ofNew
Braunfels and customers ofNBU.
(2) Applicability. A wholesale service contract is applicable for water service to water
systems created by the appropriate agency of the State as well as to other water systems and
purveyors which resell water or water service.
(3) Rates. The rate set by contract shall not be less than the marginal cost to serve that
customer.
(o) Experimental rate.
(1) Applicability. The experimental rate shall be applicable to any and all rate class groups
at times chosen by NBU. The time period for which the experimental rate may apply shall
rtot exceed one year. At any time, the number of customers affected by the experimental rate
shall not exceed one percent of the total number of customers served by NBU.
(2) Purpose. The purpose of the experimental rate is to aid in design of new rates. NBU
shall have the authority to initiate or discontinue the experimental rate at NBU's sole
discretion.
(3) Selection. The methods and criteria for selection of rate class groups to be used for the
experimental rate shall be chosen and defined by NBU. Participation in the experimental rate
by customers shall be on a voluntary basis.
SECTION 3. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any
phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the
u:legal\ordinances\waterrates85\9/19/2007
123
final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.
SECTION 4. All provisions ofthe Code of Ordinances of the City ofNew Braunfels not
herein amended or repealed shall remain in full force and effect.
SECTION 5. All Ordinances or parts thereof in conflict herewith are repealed to the
extent of such conflict only.
SECTION 6. In accordance with the provisions of Section 3.10 of Article III of the City
Charter this Ordinance has been publicly available in the office of the City Secretary for not less
than 72 hours prior to its adoption; that this Ordinance may be read and published by descriptive
caption only.
SECTION 7. This Ordinance will take effect upon the second and final reading in
accordance with the provisions of the Charter of the City ofNew Braunfels.
PASSED AND APPROVED: First reading this _ _ day of _ _ _ _ _ , 2007.
PASSED AND APPROVED: Second reading this
day of
, 2007.
CITY OF NEW BRAUNFELS, TEXAS
By: ________________________
Bruce Boyer, Mayor
ATTEST:
Michael A. Resendez, City Secretary
APPROVED AS TO FORM:
Alan C. Wayland, City Attorney
u:legal\ordinances\waterrates85\9/19/2007
124
t.iiSUTM
New Braunfels Utilities
September 14, 2007
1dichael11onison
City 11anager
City of New Braunfels
P 0 Box 311747
New Braunfels, TX 78131-1747
Dear11ike:
The NBU Board of Trustees passed a resolution at their regular Board 11eeting on August
30, 2007 recommending rate increases to the water and wastewater rates. Enclosed for
consideration by the City Council are a copy of the resolution and the red-lined Chapter
130 Sections 167 and 257 of the City ofNew Braunfels Ordinances. We request that the
proposed ordinance changes be included on the City Council agenda for September 24,
2007.
NBU, utilizing the services ofR.W. Beck, conducted a cost of service study on the water
and sewer systems, and it was determined that rate increases of at least 812% each year
for the next five years are necessary to meet the revenue requirements of the NBU five
year Financial Operating Plan. In addition, a Wastewater System Capital Improvement
Study for infrastructure needs through 2020 was recently completed, which has not yet
been incorporated in our current five year planning horizon. Preliminary results would
seem to indicate significant additional capital expenditures and increased revenue
requirements beyond the needs identified in the curr~nt NBU Financial Operating Plan.
Due to the recently received capital improvement data, NBU is recommending that 812%
increases be implemented in 2007 and 2008. A full review and analysis of the
Wastewater Capital Improvement Study, Impact Fee rate structures, and any other
funding options will be conducted during the next 18 months to determine revenue and
rate requirements beyond 2008.
The NBU goal of moving Water and Wastewater Services to be financially selfsupporting continues to require increases to the rate structure. While both services posted
positive net incomes this past fiscal year, the two utilities continue to remain unable to
fully support growth and necessary capital improvements without rate increases. Growth
in the City of New Braunfels and its ETJ will require the expansion of NBU's surface
water treatment capacity and the addition of wastewater treatment capacity. While these
types of projects are supported with Impact Fees, City of NB street improvement plans
and NBU initiatives to replace aging infrastructure require significant capital investments
beyond the scope of Impact Fee programs.
New Braunfels Utilities· 263 E. Main Plaza. P.O. Box 310289. New Braunfels, Texas 78131-0289
Bus: 830-629-8400 · Metro: 830-606-207 4 · Fax: 830-629-2119
125
In addition to the rate adjustment, there is also a move to bring outside city versus inside
city water rates into a more equitable price differential. The current spread between the
two water rates is 1.5 to 1. NBU is proposing to narrow that differential to 1.25x. To
accomplish this, outside city water rates will only increase when the rate differential
drops below the ratio of 1.25x the inside city rate.
NBU has also implemented a 4th tier in the volume charge for residential water rates in
order to encourage water conservation. The following tables show how the rate increase
would affect an average residential customer and how implementing the 4th tier of
conservation pricing would affect a residential customer using 30,000 gallons.
Residential Rate Impacts
Average Residential water use: 7,000- 8,000 gal I month
Monthly bill for a 7,000 gallon per month customer:
Existing
$21.70
$29.96
$51.66
Water
Sewer
Total
2007
$23.55
$32.51
$56.06
Difference
$1.85 (8.5%)
$2.55 (8.5%)
$4.40 (8.5%)
2008
$25.55
$35.30
$60.85
Difference
$2.00 (8.5%)
$2.79 (8.5%)
$4.79 (8.5%)
2008
$88.07
$75.07
$163.14
Difference
$6.90 (8.5%)
$5.99 (8.5%)
$12.89 (8.5%)
Residential Rate Impacts
Conservation- New 4th rate block for Residential
(25,000 gal+)
Monthly bill for a 30,000 gal per month customer:
Existing
$72.50
$63.67
$136.17
Water
Sewer
Total
2007
$81.17
$69.08
$150.25
Difference
$8.67 (12%)
$5.41 (8.5%)
$14.08 (10%)
We have prepared a presentation and it is estimated that approximately 30 minutes would
be necessary to present this request to the New Braunfels City Council. If we should
make adjustments to the time for presenting, please let us know. I will be happy to
discuss the ordinance or answer any questions you or the Council may have before or
during the September 24th meeting.
Sincerely,
/
/)
j
~
,-,
'I
(L
'-"" .·J.
i'....:f~·
Paula J. DiFonzo
Chief Executive Officer
PDF/db
Enclosures: Resolution by the NBU Board of Trustees
Proposed Changes to the Water and Sewer Ordinances
126
A RESOLUTION BY THE BOARD OF TRUSTEES OF THE NEW
BRAUNFELS UTILITIES APPROVING PROPOSED AMENDMENTS TO THE
WATER ORDINANCE AND SEWER ORDINANCE, AND AUTHORIZING
THE PRESENTATION OF SAME TO THE CITY COUNCIL OF NEW
BRAUNFELS FOR ITS CONSIDERATION AND PASSAGE
WHEREAS, the Council of the City of New Braunfels has established an ordinance
containing the rules, regulations, and policies and rate provisions affecting the New Braunfels
Utilities water and sewer systems and its furnishing of services, fixing rates, deposits and
providing for collection procedures and for the operations of said systems, and which ordinances
have been codified in Chapter 130, Articles IV and V, Code of Ordinances of said City;
WHEREAS, the Board ofTrustees of the New Braunfels Utilities is of the opinion that it is
now necessary and advisable that certain sections of Chapter 130 of the Code of Ordinances be
amended;
WHEREAS, the Board of Trustees has reviewed the proposed amendments, and is of the
opinion that the same should be approved and submitted to the City Council ofNew Braunfels,
for its consideration and passage;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF NEW
BRAUNFELS UTILITIES:
SECTION 1.: That the proposed amendments to Chapter 130, Articles IV and V of the
Code of Ordinances of the City of New Braunfels as set forth in attached "Exhibit A" and
"Exhibit B" are approved and should be approved by the City Council.
SECTION 2.: That the Chief Executive Officer of New Braunfels Utilities is hereby
authorized and directed to present said proposed ordinance amendments in ordinance form to the
City Council ofNew Braunfels for its consideration and passage as provided by law.
PASSED AND APPROVED this the 30th day of August, 2007.
A~
President, Board of Trustees
New Braunfels Utilities
ATTEST:
~~
Secretary to the Board
New Braunfels Utilities
127
Attachment A
Sec. 130-167. Water rates.
(a) Service rate classifications. All water service supplied shall be designated by the
following classifications with descriptions, rates and conditions of sale as indicated further in
this section:
Residential service 1: Inside corporate limits of the city.
Residential service 2: Outside corporate limits of the city.
Multi-unit permanent residential water service 1: Inside corporate limits of the city.
Multi-unit permanent residential water service 2: Outside corporate limits of the city.
General service 1: Inside corporate limits of the city.
General service 2: Outside corporate limits of the city.
Large general service.
Fire hydrant service.
Irrigation service 1 : Inside corporate limits of the city.
Irrigation service 2: Outside corporate limits of the city.
Tanker service.
Wholesale service.
Contractual water service.
Experimental service.
(b) }Determination of classification.} Upon application for service, NBU shall make the
initial determination of the customer's service rate classification. The classification is subject
to change in accordance with the provisions of this article.
Rate schedule administration and assignment. Upon request for water service from a
prospective customer, NBU shall assign the appropriate rate classification for water service
to the applicant requesting service. This assignment may be based upon information provided
by the applicant, or other information available at the time the assignment is made.
If a customer receiving service changes the nature or character of water service requirements,
then NBU shall, upon review of the information available pertaining to the revised water
service requirement, reassign the customer to the appropriate rate schedule.
If a prospective or existing customer is eligible to receive water service under more than one
of the NBU' rate schedules, or if the rates charged are unduly burdensome as a result of the
customer's technical qualification for a specific rate schedule, then NBU shall assign the
most appropriate rate schedule for water service after consideration of the various service
requirements, potential impact on NBU facilities, the potential relative costs of serving the
customer, and other available pertinent information.
If a customer requests an adjustment to the billing units due to an unusual occurrence or due
to unusual or special circumstances, then NBU may, upon review of the information
available pertaining to the customer's request and after consideration of the potential impact
on NBU, adjust the billing units.
(c) Residential service 1 rate.
(1) Availability. The residential service 1 rate is available only within the corporate limits
of the city under the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The residential service 1 rate is applicable for water service used solely
for residential purposes and related activities consisting of service to single-family dwellings,
or permanent residential multifamily dwellings where each dwelling unit is individually
metered.
128
(3) Excluded uses. The residential service 1 rate shall not be applicable for service to a
residence located outside the city limits of New Braunfels, Texas or to a residence also used
for commercial purposes, including, but not limited to, boardinghouses, motels, hotels,
nursing homes, barbershops, beauty shops, general contractors storing equipment or building
materials on the property, child care centers, retail businesses, restaurants, technical repair
services, professional services offered to the public on the premises, and other similar
commercial or nonresidential activities.
(4) Monthly rates. The residential service 1 rate will be calculated monthly in accordance
with this section and will be an amount equal to the sum of the monthly customer charge plus
the monthly volume charge, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
Meter Size
Customer Charge
Effective November Effective November
1,2008
1. 2007
I 5/8-inch and smaller
I l-inch
I 1 1/2-inch
I 2-inch
I 3-inch
I 4-inch and greater
$~10.35
$11.23
~11.94
~
11.;6§ 14.13
15.33
l4.QQ 17.59
~
;6LQQ 26.38
28.62
;6§.QQ 31.40
34.07
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
I
Gallons of Water Usage
I 0--7,500
I 7,501--15,000
I ei'l:eess ef 15,001--25,000
I Excess of25.000
$ per 1,000 gallons
Effective November
1. 2007
Effective November
1. 2008
l.§Q 1.885
~
~2.199
2_.386
;6.QQ 2.512
2.726
3.014
1llQ
(5) Minimum monthly charge. The mmimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge; or
b. The amount specified in any contract between the customer and NBU.
(d) Residential service 2 rate.
129
(1) Availability. The residential service 2 rate is available outside the corporate limits ofthe
city under the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The residential service 2 rate is applicable for water service used solely
for residential purposes and related activities consisting of service to single-family dwellings,
or permanent residential multifamily dwellings where each dwelling unit is individually
metered.
(3) Excluded uses. The residential service 2 rate shall not be applicable for service to a
residence also used for commercial purposes, including but not limited to boardinghouses,
motels, hotels, nursing homes, barbershops, beauty shops, general contractors storing
equipment or building materials on the property, child care centers, retail businesses,
restaurants, technical repair services, professional services offered to the public on the
premises, and other similar commercial or nonresidential activities.
(4) Monthly rates. The residential service 2 rate will be calculated monthly in accordance
with this section and will be an amount equal to the sum of the monthly customer charge plus
the monthly volume charge, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
I
Meter Size
Customer Charge
Effective November Effective November
1, 2007
1 2008
I 5/8-inch and smaller
I l-inch
I 1 1/2-inch
I 2-inch
I 3-inch
I 4-inch and greater
$~14.48
~
14.;!§ 16.50
)_M_Q
16.;!§ 18.81
19.16
;! 1.99 24.31
~
;lG.GG 34.73
~
4G.GG 46.31
1QJ.l
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
I
Gallons of Water Usage
I 0--7,500
I 7,501--15,000
I E*eess ef 15,001--25,000
I Excess of25.000
$per 1,000 gallons
Effective November
1. 2007
Effective November
1 2008
~2.356
~
~
~2.749
~3.140
3.408
3.768
~088
130
(5) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge; or
b. The amount specified in any contract between the customer and NBU.
(e) Multi-unit permanent residential service 1 rate.
(1) Availability. The multi-unit permanent residential service 1 rate is available only within
the corporate limits of the city under the rules, regulations, policies, and at the rates set forth
in this section.
(2) Applicability. The multi-unit permanent residential service 1 rate is applicable for water
service used solely for permanent residential multi-unit development, such as duplexes,
triplexes, quadruplexes, apartment buildings, or an individual residence with separate
apartment type unit(s) where each dwelling unit is not individually metered.
(3) Excluded uses. The multi-unit permanent residential service 1 rate shall not be
applicable for service to a multi-unit development located outside the city limits of New
Braunfels, Texas, or to individually metered residential dwellings.
(4) Monthly rates. The multi-unit permanent residential service 1 rate will be calculated
monthly in accordance with this section and will be an amount equal to the sum of the
monthly customer charge plus the monthly volume charge plus the monthly unit charge, as
shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
I
Meter Size
Customer Charge
Effective November Effective November
1. 2008
1. 2007
I 5/8-inch and smaller
I l-inch
I 1 1/2-inch
I 2-inch
I 3-inch
I 4-inch and greater
$84§.10.35
l__Ul
~11.94
12.95
ll.~~
14.13
~
l4.QQ
17.59
~
~LQQ
26.38
28.62
~~.QQ
31.40
34.07
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
I
1
Number of Units
2--4
Gallons of Water Usage
0--8,000
$ per 1,000 gallons
Effective November
1. 2007
Effective November
1.2008
$L~8
2.153
1.984
131
I
I
I 5--10
I
I
I 11--25
I
I
I 26--50
I
I
I 51--75
I
I
I 76--100
I
I
I 100 +
8,001--20,000
~2.073
~
Excess of 20,000
-h%---2.450
W1
0--20,000
~1.885
~
20,001--40,000
-h5$---l. 946
2Jll
Excess of 40,000
-h6G-2.009
~
0--40,000
i-A-§..--1. 822
1.977
40,001--100,000
-h6G-2.009
2_.180
Excess of 100,000
~2.073
U12
0--100,000
~1.885
~
100,001--200,000
~2.073
~249
Excess of200,000
~2.324
bill
0--200,000
+A+--1.847
2.004
200,001--300,000
-h5$---1. 946
f_.lll
Excess of300,000
-h-+G--2 .13 5
~
0--300,000
-h£---1.910
bQll
300,001--400,000
-h-+G--2 .13 5
bllQ
Excess of 400,000
-hW---2.387
Q_2Q
0--400,000
~1.922
£,085
400,001--800,000
+;&-2.199
~
Excess of 800,000
-hW---2.387
~
Monthly unit charge. When a customer with a master metered water service receives service
at a duplex, triplex, quadruplex, apartment complex or individual residence with separate
apartment type unit(s) each such separate and identifiable permanent residential area and
each public bathroom, laundry area, or other area where water service exists shall be subject
to a monthly unit charge for billing purposes. The monthly charge for each unit in excess of
one unit shall be $4:005.02 per month effective November 1, 2007; $5.45 per month effective
November 1, 2008.
NBU will not undertake the apportionment of charges for such users of water among the
occupants or tenants. Charges for multi-unit service will be assessed against the customer of
record for such location.
(5) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge, plus the monthly unit
charge; or
b. The amount specified in any contract between the customer and NBU.
(f) Multi-unit permanent residential service 2 rate.
132
(1) Availability. The multi-unit permanent residential service 2 rate is available in the water
service area ofNBU outside the corporate limits of the city under the rules, regulations,
policies, and at the rates set forth in this section.
(2) Applicability. The multi-unit permanent residential service 2 rate is applicable for water
service used solely for permanent residential multi-unit developments, such as duplexes,
triplexes, quadruplexes, apartment buildings or individual residence with separate apartment
type unit(s) where each dwelling unit is not individually metered.
(3) Excluded uses. The multi-unit permanent residential service 2 rate shall not be
applicable for service to a multi-unit development located inside the corporate limits of the
city or to individually metered residential dwellings.
(4) Monthly rates. The multi-unit permanent residential service 2 rate will be calculated
monthly in accordance with this section and will be an amount equal to the sum of the
monthly customer charge plus the monthly volume charge plus the monthly unit charge, as
shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
I
Meter Size
Customer Charge
Effective November Effective November
1,2008
1. 2007
I 5/8-inch and smaller
I l-inch
I 1 1/2-inch
I 2-inch
I 3-inch
I 4-inch and greater
$~19.97
19.97
l9.QQ 22.00
22.00
~l.$Q
24.90
~+.GG
31.26
~
llli
~B.GG
38.20
~
~9.GG
45.15
~
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
I
Number of Units
I 2--4
I
I
I 5--10
I
Gallons of Water Usage
$ per 1,000 gallons
Effective November
1,2007
Effective November
1. 2008
0--8,000
$1.9G 2.480
2Ml
8,001--20,000
bt-G-2.591
2.811
Excess of20,000
~3.063
~
0--20,000
-h&G-2.356
~
20,001--40,000
~2.433
2.639
133
I
I 11--25
I
I
I 26--50
I
I
I 51--75
I
I
I 76--100
I
I
100 +
Excess of 40,000
~2.511
hill
0--40,000
~2.278
Wl
40,001--100,000
~2.511
Excess of 100,000
~2.591
bill
liU
0--100,000
~2.356
~
100,001--200,000
~2.591
12_.811
Excess of 200,000
~2.905
il2l
0--200,000
-h8(f-2. 309
QQi
200,001--300,000
~2.433
~
Excess of 300,000
~2.669
0--300,000
-hW--2.388
~
~
300,001--400,000
;&;00--2.669
£.895
Excess of 400,000
~2.984
1m
0--400,000
-hW--2.403
~
400,001--800,000
~2.749
~
Excess of 800,000
~2.984
3.238
Monthly unit charge. When a customer with a master metered water service receives service
at a duplex, triplex, quadruplex, apartment complex or individual residence with separate
apartment type unit(s) each such separate and identifiable permanent residential area and
each public bathroom, laundry area, or other area where water service exists shall be subject
to a monthly unit charge for billing purposes. The monthly charge for each unit in excess of
one unit shall be $~6.66 per month effective November 1. 2007; $6.81 per month effective
November 1. 2008.
NBU will not undertake the apportionment of charges for such users of water among the
occupants or tenants. Charges for multi-unit service will be assessed against the customer of
record for such location.
(5) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge, plus the monthly unit
charge; or
b. The amount specified in any contract between the customer and NBU.
(g) General Service I rate.
(1) Availability. The general service 1 rate is available only within the corporate limits of
the city under the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The general service 1 rate is applicable to water service for any customer
which does not qualify for service under another rate schedule, and includes, but is not
limited to nursing homes, schools, restaurants, cafes, bakeries, grocery stores, motels, hotels,
banks, barbershops, beauty shops, child care and day care centers, churches, professional
offices, feed and hardware stores, funeral homes, furniture stores, general offices, laundries,
134
nurseries and garden centers, retail businesses, and warehouses_and other similar
nonresidential customers.
(3) Monthly rates. The general service 1 rate will be calculated monthly in accordance with
this section and will be an amount equal to the sum of the monthly customer charge plus the
monthly volume charge plus the monthly unit charge, if applicable, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
I
Meter Size
Customer Charge
Effective November Effective November
1 2008
1. 2007
I 5/8-inch and smaller
I l-inch
I 1 1/2-inch
I 2-inch
I 3-inch
I 4-inch
I 6-inch and greater
~$11.62
ruJ_
lQ.QQ 12.56
Jlm_
B.QQ 16.33
17.72
l6.§Q 20.73
22.49
:6§.QQ 31.40
34.07
~8.QQ
~
47.74
66.QQ 82.90
89.95
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
I
Gallons of Water Usage
I 0--5,000
I 5,001--50,000
I 50,001--200,000
I Excess of200,000
$ per 1,000 gallons
Effective November
12 2007
Effective November
1.2008
~1.885
2_.050
~1.946
2.110
-hW--2.009
2_.180
-h+{}.--2 .13 5
~.320
Monthly unit charge. When a customer receives service at a multi-unit facility, each separate
and identifiable office, retail, wholesale or other type of working areas designed for
occupancy by separate tenants or unrelated users shall be subject to a monthly unit charge for
billing purposes. The monthly charge for each unit in excess of one unit shall be $4-:005.02
per month effective November 1. 2007; $5.45 per month effective November 1. 2008.
NBU will not undertake the apportionment of charges among the occupants or tenants.
Charges for multi-unit service will be assessed against the customer of record for such
location.
(4) Minimum monthly charge. The minimum monthly charge shall be the larger ofthe
following:
135
a. The monthly customer charge plus the monthly volume charge plus the monthly unit
charge, if applicable; or
b. The amount specified in any contract between the customer and NBU.
(h) General service 2 rate.
(1) Availability. The general service 2 rate is available outside the corporate limits of the
city under the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The general service 2 rate is applicable to water service for any customer
which does not qualify for service under another rate schedule, and includes, but is not
limited to nursing homes, schools, restaurants, cafes, bakeries, grocery stores, motels, hotels,
banks, barbershops, beauty shops, child care and day care centers, churches, professional
offices, feed and hardware stores, funeral homes, furniture stores, general offices, laundries,
nurseries and garden centers, retail businesses, and warehouses_and other similar
nonresidential customers, and where the customer is located within NBU service area but
outside the corporate limits of the city except as specifically set forth in this article.
(3) Monthly rates. The general service 2 rate will be calculated monthly and will be an
amount equal to the sum of the monthly customer charge plus the monthly volume charge
plus the monthly unit charge, if applicable, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
I
Meter Size
Customer Charge
Effective November Effective November
1,2007
1.2008
I 5/8-inch and smaller
I l-inch
I 1 1/2-inch
I 2-inch
I 3-inch
I 4-inch
I 6-inch and greater
$M-:0017.37
1L11
Ia.99 18.52
~
;!9.+~
24.02
~
;!6.;!~
30.39
~
49.99 46.31
1QJ.l
al.99 70.61
1Q&l
122.71
196.99 122.71
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
I
Gallons of Water Usage
I 0--5,000
I 5,001--50,000
$ per 1,000 gallons
Effective November
1, 2007
Effective November
1. 2008
~2.547
2.560
~2.605
~
136
50,001--200,000
~2.663
2.730
Excess of200,000
~2.837
2.900
Monthly unit charge. When a customer receives service at a multi-unit facility, each separate
and identificable office, retail, wholesale or other type of working areas designed for
occupancy by separate tenants or unrelated users shall be subject to a monthly unit charge for
billing purposes. The monthly charge for each unit in excess of one unit shall be $~6.66
per month effective November 1, 2007: $6.81 per month effective November 1, 2008.
NBU will not undertake the apportionment of charges among the occupants or tenants.
Charges for multi-unit service will be assessed against the customer of record for such
location.
(4) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge plus the monthly unit
charge, if applicable; or
b. The amount specified in any contract between the customer and NBU.
(i) Large general service rate.
(1) Availability. The large general service rate is available under the rules, regulations,
policies, and at the rates set forth in this section.
(2) Applicability. The large general service rate is applicable to customers with water
consumption exceeding 1,250,000 gallons per month for at least any six months of the
immediately preceding 12-month billing period. Service shall only be provided under
contract approved by the board of trustees ofNBU due to the special capacity service
requirements.
(3) Monthly rates. The large general service rate will be calculated monthly in accordance
with this section and will be an amount equal to the sum of the monthly customer charge and
the monthly volume charge, as shown below.
Monthly customer charge: $1,144.501.437.53 effective November 1, 2007: $1,559.72
effective November 1, 2008.
Monthly volume charge: $-f.:.:£1.922 per 1,000 gallons effective November 1, 2007; $2.085
per 1.000 gallons effective November 1, 2008.
(4) Minimum monthly charge. The minimum monthly charge shall be the larger ofthe
following:
a. The monthly customer charge plus the monthly volume charge; or
b. The amount specified in any contract between the customer and NBU.
G) Fire hydrant service rate.
(1) Availability. The fire hydrant water service rate is available under the rules, regulations,
policies, and at the rates set forth in this section.
(2) Applicability. The fire hydrant water service rate is applicable to water service provided
through a fire hydrant, whether metered or estimated. Any customer requesting service under
this rate must make arrangements with NBU prior to the date service is required. A service
charge of$100.00 will be assessed to set and remove the fire hydrant meter.
(3) Monthly rates. The fire hydrant service rate will be calculated monthly in accordance
with this section and will be an amount equal to the sum of the monthly customer charge and
the monthly volume charge, as shown below.
Monthly customer charge: $~101.74 effective November 1, 2007; $110.39 effective
November 1, 2008.
137
Monthly volume charge: $~2.450 per 1,000 gallons effective November 1, 2007; $2.658
per 1.000 gallons effective November 1. 2008.
(4) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge; or
b. The amount specified in any contract between the customer and NBU.
(5) Deposit. All customers using a fire hydrant meter shall furnish a deposit of $+00300.00
or establish other means of credit acceptable to NBU.
(k) Landscape/irrigation service 1 rate.
(1) Availability. The landscape/irrigation service 1 rate is available only within the
corporate limits of the city under the rules, regulations, policies, and at the rates set forth in
this section.
(2) Applicability. The landscape/irrigation service 1 rate is applicable to water service for a
residential 1 or general service 1 rate classification customer who has a sprinkler or irrigation
system on a separate water meter (i) dedicated exclusively to such purpose and (ii) which is
in addition to one or more other water meters serving the same location.
(3) Monthly rates. The landscape/irrigation service 1 rate will be calculated monthly and
will be an amount equal to the sum of the monthly customer charge and the monthly volume
charge, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
I
Meter Size
Customer Charge
Effective November Effective November
1, 2007
1. 2008
I 5/8-inch and smaller
I l-inch
I 1 1/2-inch
I 2-inch
I 3-inch
I 4-inch and greater
4-:1-§-$5.97
~
~6.91
pQ
~7.54
~
~9.10
9.87
lQ.§()
13.19
14.31
1~.§()
15.71
17.05
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
I
Gallons of Water Usage
$ per 1,000 gallons
Effective November
1,2007
Effective November
1_.2008
I 0--7,500
-l-:M---2.356
~
I e*eess ef7,501--25.000
~2.749
WJ
1:38
II Excess of25,000
,4.124
14.475
(4) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge; or
b. The amount specified in any contract between the customer and NBU.
(1) Landscape/irrigation service 2 rate.
(1) Availability. The landscape/irrigation service 2 rate is available outside the corporate
limits of the city under the rules, regulations, policies, and at the rates set forth in this
section.
(2) Applicability. The landscape/irrigation service 2 rate is applicable to water service for a
residential 2 or general service 2 rate classification customer who has a sprinkler or irrigation
system on a separate water meter (i) dedicated exclusively to such purpose and (ii) which is
in addition to one or more other water meters serving the same location.
(3) Monthly rates. The landscape/irrigation service 2 rate will be calculated monthly and
will be an amount equal to the sum of the monthly customer charge and the monthly volume
charge, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
I
Meter Size
Customer Charge
Effective November Effective November
1, 2007
1 2008
I 5/8-inch and smaller
I l-inch
I 1 1/2-inch
I 2-inch
I 3-inch
I 4-inch and greater
$~8.11
8.11
~8.98
9.38
8-:W--9.85
10.23
ll.~~
13.02
13.02
14.~~
16.50
17.89
l9.QQ 22.00
22.00
Monthly volume charge. The monthly volume charge for monthly water usage per 1,000
gallons, or any part thereof, shall be:
TABLE INSET:
I
Gallons of Water Usage
I 0--7,500
I e*eess ef7,501--25.000
I Excess of25,000
$per 1,000 gallons
Effective November
1, 2007
Effective November
1, 2008
$~.1~
3.195
2.945
JJ}{)-3.4 73
3.729
5.155
5.594
139
(4) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge; or
b. The amount specified in any contract between the customer and NBU.
(m) Tanker service rate.
(1) Availability. The tanker service rate is available under the rules, regulations, policies,
and at the rates set forth in this section.
(2) Applicability. The tanker water service rate is applicable to water service provided at
locations approved by NBU, whether metered or estimated. Under this rate, a customer may
acquire and purchase water through the use of water tanker trucks or other mobile water
transport containers. Any customer requesting service under this rate must make
arrangements with NBU prior to the date service is required.
(3) Rates. The rate for each tanker or other mobile water transport containers acquiring
water at locations approved by NBU shall be the sum of the tanker charge and the volume
charge, as shown below.
TABLE INSET:
I
Tanker charge, 13eF menta
$ll.QQ
Effective November Effective November
1, 2007
1, 2008
I Per Month
$13.82
$14.99
l
~
[email protected]
Volume charge, per 1,000 gallons or any part
thereof
( 4) Minimum charge. The minimum charge for each tanker truck connection shall be the
larger of the following:
a. The tanker charge plus the volume charge; or
b. The amount specified in any contract between the customer and NBU.
(n) Wholesale water service.
(1) Availability. Wholesale water service is available under the rules, regulations, and
policies, as set by contract and approved by the NBU board of trustees. Contracts for
wholesale service will be approved only when water supplies are sufficient to satisfy the
requirements ofthe contract without jeopardizing the water needs of the citizens ofNew
Braunfels and customers ofNBU.
(2) Applicability. A wholesale service contract is applicable for water service to water
systems created by the appropriate agency of the State as well as to other water systems and
purveyors which resell water or water service.
(3) Rates. The rate set by contract shall not be less than the marginal cost to serve that
customer.
(o) Experimental rate.
(1) Applicability. The experimental rate shall be applicable to any and all rate class groups
at times chosen by NBU. The time period for which the experimental rate may apply shall
not exceed one year. At any time, the number of customers affected by the experimental rate
shall not exceed one percent of the total number of customers served by NBU.
140
(2) Purpose. The purpose of the experimental rate is to aid in design of new rates. NBU
shall have the authority to initiate or discontinue the experimental rate at NBU's sole
discretion.
(3) Selection. The methods and criteria for selection of rate class groups to be used for the
experimental rate shall be chosen and defined by NBU. Participation in the experimental rate
customers
be on a
basis.
141
Attachment B
Sec.
130~257.
Sewer rates.
(a) Service rate classifications. All sewage treatment services supplied shall be designated
by the following classifications with descriptions, rates, and conditions of service as
indicated further in this section:
Residential service 1 (with water service)
Residential service 2 (without water service)
General service 1 (with water service)
General service 2 (without water service)
Contractual service
Experimental service
(b) Rate schedule administration and assignment. Upon request for sewer service from a
prospective customer, NBU shall assign the appropriate rate classification for sewer service
to the applicant requesting service. This assignment may be based upon information
provided by the applicant, or other information available at the time the assignment is
made.
If a customer receiving service changes the nature or character of sewer service
requirements, then NBU shall, upon review of the information available pertaining to the
revised sewer service ·requirement, reassign the customer to the appropriate rate schedule.
If a prospective or existing customer is eligible to receive sewer service under more than
one of the NBU' rate schedules, or if the rates charged are unduly burdensome as a result of
the customer's technical qualification for a specific rate schedule, then NBU shall assign the
most appropriate rate schedule for sewer service after consideration of the various service
requirements, potential impact on NBU facilities, the potential relative costs of serving the
customer, and other available pertinent information.
If a customer requests an adjustment to the billing units due to an unusual occurrence or
due to unusual or special circumstances, then NBU may, upon review of the information
available pertaining to the customer's request and after consideration of the potential impact
on NBU, adjust the billing units.
(c) Residential service 1 rate, with water service provided by NBU.
(1) Availability. The residential service 1 rate is available in the sewer service area of NBU
under the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The residential service 1 rate is applicable to sewer service used solely
for residential purposes and related activities consisting of service to single-family dwellings
or permanent residential multifamily dwellings with not more than four separate and
identifiable permanent residential dwelling areas, such as duplexes, triplexes, or
quadruplexes, and where water service is provided by NBU to all units through one water
meter.
(3) Excluded uses. The residential service 1 rate shall not be applicable to service to a
residence also used for commercial purposes, including, but not limited to, boardinghouses,
motels, hotels, nursing homes, apartment complexes with more than four separate and
identifiable residential dwelling areas, barbershops, beauty shops, general contractors
storing equipment or building materials on the property, child care centers, retail businesses,
restaurants, technical repair services, professional services offered to the public on the
premises, and other similar commercial or nonresidential activities.
(4) Monthly rates. The residential service 1 rate will be calculated monthly in accordance
with this section and will be an amount equal to the sum of the monthly customer charge
plus the monthly volume charge plus the monthly unit charge, if applicable, as shown
below:
142
Monthly customer charge. The monthly customer charge shall be $9,.QG11.31 effective
November 1 2007; $12.27 effective November 1 2008.
Monthly volume charge. The monthly volume charge shall be $24-1-3.028 effective
November 1 2007; $3.290 effective November 1 2008 per 1,000 gallons, or any part
thereof, of average water consumption calculated on a monthly basis as specified under
determination of sewer volume billing units.
Monthly unit charge. The monthly unit charge shall be applicable when a customer with a
master metered water service receives service at a duplex, triplex, quadruplex, or an
individual residence with separate apartment type unit, each such separate and identifiable
permanent residential dwelling area shall be subject to a monthly unit charge for billing
purposes. The monthly charge for each unit in excess of one unit shall be $4:-QQ5.02 per
month effective November 1 2007; $5.45 per month effective November 1 2008.
NBU will not undertake the apportionment of charges among the occupants residing in multiunit residential structures. Charges for multi-unit service will be assessed against the
customer of record for such location.
(5) Determination of sewer volume billing units. Sewer volume billing units shall be
calculated each month for each residential service 1 rate customer by averaging that
customer's water consumption for the lowest three months during the preceding twelve
month period. Only one month of metered water consumption of less than 100 gallons will
be included in the calculation as long as the customer has two or more months of metered
water consumption of more than 100 gallons. If the customer has less than two months of
metered water consumption of 100 gallons_or more, zero consumption months are not
restricted from use in the calculation. This calculated three-month average water
consumption will be billed each month using the rate specified under monthly volume charge
in the preceding paragraph.
Residential service 1 rate customers who have a water usage history less than 12 months
shall be billed at the lesser of the systema calculated average fate-consumption for similar
residential service 1 rate customers or the current billing month's water consumption until
the customer has established a water usage history of 12 months.
(6) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge plus the monthly unit
charge, if applicable; or
b. The amount specified in any contract between the customer and NBU.
(7) Maximum monthly charge. The maximum charge for a single unit residential structure
shall be $~9.08 per month effective November 1 2007; $75.07 per month effective
November 1 2008. A maximum charge is not applicable to any multi-unit residential service
1 customer.
(8) Proration of bills. Single unit residential service 1 rate customers who receive less than
a full month of sewer service will have their total bill prorated based on the number of days
for which service is received by the customer, divided by the number of days in the current
calendar month. Days of service received will be calculated based on the date of initial
service or cutoff of service by NBU and will not be prorated for partial days. Proration of bills
will not be applicable to any multi-unit residential customer.
(d) Residential service 2 rate, with water service not provided by NBU.
( 1) Availability. The residential service 2 rate is available in the sewer service area of NBU
under the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The residential service 2 rate is applicable to sewer service used solely
for residential purposes and related activities consisting of service to single-family dwellings
or permanent residential multifamily dwellings with not more than four separate and
identifiable permanent residential dwelling areas, such as duplexes, triplexes or
quadruplexes, where water service is not provided by NBU.
I
I
I
I
I
I
I
I
14:3
(3) Excluded uses. The residential service 2 rate shall not be applicable to service to a
residence also used for commercial purposes, including, but not limited to, boardinghouses,
motels, hotels, nursing homes, apartment complexes with more than four separate and
identifiable residential dwelling units, barbershops, beauty shops, general contractors
storing equipment or building materials on the property, child care centers, retail businesses,
restaurants, technical repair services, professional services offered to the public on the
premises, and other similar commercial or nonresidential activities.
(4) Monthly rates. The residential service 2 rate will be calculated monthly in accordance
with this section and will be an amount equal to the sum of the monthly customer charge
plus the monthly unit charge, if applicable, as shown below:
Monthly customer charge. The monthly customer charge shall be $2&-0035.16 effective
November 1, 2007; $38.15 effective November 1 2008 plus the monthly unit charge if
applicable. Triplexes and quadruplexes will be billed for two monthly customer charges.
Monthly unit charge. When a customer with a master metered water service receives
service at a duplex, triplex, quadruplex, or an individual residence with separate apartment
type units, each such separate and identifiable permanent residential dwelling area shall be
subject to a monthly unit charge for billing purposes. The monthly charge for each unit in
excess of one unit shall be $4.-005.02 per month effective November 1, 2007; $5.45 per
month effective November 1 2008.
NBU will not undertake the apportionment of charges residing in multi-unit residential
structures among the occupants. Charges for multi-unit service will be assessed against the
customer of record for such location.
(5) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly unit charge, if applicable; or
b. The amount specified in any contract between the customer and NBU.
(e) General service 1 rate, with water service provided by NBU.
(1) Availability. The general service 1 rate is available in the sewer service area of NBU
under the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The general service 1 rate is applicable to sewer service for any customer
which does not qualify for the residential service rate, and where water service is provided
by NBU.
(3) Monthly rates. The general service 1 rate will be calculated monthly in accordance with
this section and will be an amount equal to the sum of the monthly customer charge plus the
monthly volume charge plus the monthly unit charge, if applicable, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of
the water meter serving each customer, as follows:
TABLE INSET:
I
I
I
Meter Size
Customer Charge
Effective November Effective November
1, 2007
1,2008
I 5/8-inch and smaller
I l-inch
I 1 1/2-inch
I 2-inch
I 3-inch
$-!J-:00 16.3 3
17.72
l4.~S
17.90
19.42
l8.+S 23.54
25.54
~~.§Q
29.52
32.03
~6.SQ
45.85
49.75
144
4-inch
s;,t~s
65.62
~
6-inch and greater
94.~§
118.38
128.44
Monthly volume charge. The monthly volume charge shall be based upon actual water
consumption measured in 1,000-gallon increments or any part thereof, as follows:
TABLE INSET:
I
Gallons of Water Usage
I 0--7,000
I 7,001--25,000
I 25,001--300,000
I Excess of300,000
$ per 1,000 gallons
Effective November
1, 2007
Effective November
1.2008
$~.lQ
~
3.894
~3.831
4.157
~3.516
3.815
2--:#--3.078
~
Monthly unit charge. When a customer with a master metered water service receives
service at a multiple unit residential facility with five or more units, such as an apartment
complex or mobile home park, each separate and identifiable permanent residential dwelling
area and each public bathroom, laundry area, or other area where sewer service exists shall
be subject to a monthly unit charge for billing purposes. When a customer receives service
at a multi-unit nonresidential facility, each separate and identifiable office, retail, wholesale
or other type of working space designed for occupancy by separate tenants or unrelated
users shall be subject to a monthly unit charge for billing purposes. The monthly charge for
each unit in excess of one unit shall be $4:-005.02 per month effective November 1, 2007;
$5.45 per month effective November 1. 2008.
NBU will not undertake the apportionment of charges for such users of water among the
occupants or tenants. Charges for multi-unit service will be assessed against the customer
of record for such location.
(4) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge plus the unit charge, if
applicable; or
b. The amount specified in any contract between the customer and NBU.
(f) General service 2 rate, with water service not provided by NBU.
(1) Availability. The general service 2 rate is available in the sewer service area of NBU
under the rules, regulations, policies, and at the rate set forth in this section.
(2) Applicability. The general service 2 rate is applicable to sewer service for any customer
which does not qualify for the residential service rate, and where water service is not
provided by NBU.
(3) Monthly rates. The general service 2 rate will be calculated monthly in accordance with
this section and will be an amount equal to the sum of the monthly customer charge plus the
monthly volume charge plus the monthly unit charge, if applicable, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by NBU
based on an engineering study or the size of the water meter serving each customer, using
the General Service 1 monthly customer charge rate schedule.
If the customer receives water service directly from a private well where the water service is
not provided through a meter, then the monthly customer charge shall be determined based
145
upon analysis of the water connection, but not less than $-tJ,.0016.33 per month effective
November 1, 2007; $17.72 per month effective November 1, 2008.
Monthly volume charge. N8U shall have the right to require metered water usage data, to
perform individual account analysis of water consumption, or to perform sewer flow analysis
for any customer under this rate. If metered water usage data becomes available, or if NBU
performs an individual water consumption analysis or sewer flow analysis, then the monthly
volume charge shall be determined in accordance with the General Service 1 monthly
volume charge rate schedule.
If metered water data is not available, and if NBU does not require an individual water
consumption analysis or sewer flow analysis, then the monthly volume charge shall be
$J(M}Q37.68 per month effective November 1, 2007; $40.88 per month effective November
1, 2008.
Monthly unit charge. When a customer receives service at a multiple unit residential facility
with five or more units, such as an apartment complex or mobile home park, each separate
and identifiable permanent residential dwelling area and each public bathroom, laundry
area, or other area where sewer service exists shall be subject to a monthly unit charge for
billing purposes. When a customer receives service at a multi-unit nonresidential facility,
each separate and identifiable office, retail, wholesale or other type of working space
designed for occupancy by separate tenants or unrelated users shall be subject to a monthly
unit charge for billing purposes. The monthly charge for each unit in excess of one unit shall
be $~5.02 per month effective November 1, 2007; $5.45 per month effective November
1, 2008.
NBU will not undertake the apportionment of charges for such customers among the
occupants or tenants. Charges for multi-unit service will be assessed against the customer
of record for such location.
(4) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge plus the monthly unit
charge, if applicable; or
b. The amount specified in any contract between the customer and NBU.
(g) Contractual sewage treatment. NBU shall have the right to enter into contracts ·with
customers for sewage treatment subject to prior approval of the city council. Such sewage
treatment charges may be calculated on the basis of customer classification as set forth in
this article or on cost of service, at the election of NBU; however, the sewage treatment
charge shall never be less than cost of service.
(h) Experimental rate.
(1) Applicability. The experimental rate shall be applicable to any and all customer rate
classifications at times selected by NBU. The time period for which the experimental rate
may apply shall not exceed one year. At any time, the number of customers affected by the
experimental rate shall not exceed one percent of the total number of customers served by
NBU.
(2) Purpose. The purpose of the experimental rate is to aid in the design of new rates.
NBU shall have the authority to initiate or discontinue the experimental rate as it deems
appropriate.
(3) Selection. The methods and criteria for selection of rate class groups to be used for the
experimental rate shall be selected and defined by NBU. Participation in the experimental
rate
customers shall be on a volunta basis.
146
COUNCIL AGENDA
SU3.J~CT
Ordinance Regarding NBU Sewer Rate Increase
NBU
ORiGiN;)., Tli\!:3 D2?r1,RTnJ!ENT:
COUNCiL O;.\ TE:
~TEM
PR~SENT~R:
September 24, 2007
Paula Difonzo
4(1)
AGENDA CA?TlON;
FIRST READING OF AN ORDINANCE AMENDING AND REPLACING CHAPTER 130, ARTICLE V,
SECTIONS 130-257. SEWER RATES, CODE OF ORDINANCES, CITY OF NEW BRAUNFELS, TEXAS;
RELATING TO RATES FOR THE NEW BRAUNFELS UTILITIES SEWER SYSTEM; REPEALING ALL
OTHER ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; CONTAINING A SAVINGS
CLAUSE; AND HAVING AN EFFECTIVE DATE.
R.::.\TlONALE:
New Braunfels Utilities conducted a cost of service study on the water and sewer systems, and it was
determined that rate increases of at least 8%% each year for the next five years are necessary to meet
the revenue requirements of the NBU five year Financial Operating Plan. However, a Wastewater
System Capital Improvement Study for infrastructure needs through 2020 was recently completed, which
has not yet been incorporated in our current five year planning horizon. Preliminary results would seem to
indicate significant additional capital expenditures and increased revenue requirements beyond the needs
identified in the current NBU Financial Operating Plan. Due to the recently received capital improvement
data, NBU is recommending that 8%% increases be implemented in 2007 and 2008 at this time.
FiSCAL IMPACT:
n/a
BOARQ_ RECOJijli\ilEND;.\ TlON:
NBU Board has unanimously recommended approval of the sewer rate increase.
ST f.\'FF RECOI\llliilEN.0:4. TlON;
Staff recommends Council approve the ordinance.
FitlallC·?:
--------
:~. lt::lchrn·?.il{S;
147
ORDINANCE NO. - - - - AN ORDINANCE AMENDING AND REPLACING CHAPTER 130,
ARTICLE V, SECTIONS 130-257. SEWER RATES, CODE OF
ORDINANCES, CITY OF NEW BRAUNFELS, TEXAS; RELATING TO
RATES FOR THE NEW BRAUNFELS UTILITIES SEWER SYSTEM;
REPEALING ALL OTHER ORDINANCES OR PARTS THEREOF IN
CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
HAVING AN EFFECTIVE DATE.
WHEREAS, the City of New Braunfels, Texas, owns and operates by and through New
Braunfels Utilities its own water system in accordance with the laws of the State of Texas
and the charter of said City; and
WHEREAS, the Council of the City of New Braunfels has established an ordinance
containing the rules, regulations, policies, and rate provisions affecting the New
Braunfels Utilities sewer system and its sale of sewage treatment services, fixing rates
and providing for collection thereof and the operation of said system, and which
ordinance has been codified as Chapter 130, Article V, Code of Ordinances of the City of
New Braunfels; and
WHEREAS, the City's sewer system is managed and operated by and through the duly
appointed Board of Trustees of New Braunfels Utilities, a body created pursuant to
Section 1502.070 of the Texas Government Code; and
WHEREAS, the Board of Trustees of New Braunfels Utilities has reviewed the current
schedule of rates and charges and has determined that the rates and charges should be
adjusted and has submitted its recommendations to the City Council; and
WHEREAS, in making its recommendations, the Board of Trustees considered
applicable rate making standards and policy service considerations; and
WHEREAS, the City Council hereby finds that Section 130-257 should be repealed in its
entirety and a new Section 130-257 be adopted as recommended by the Board of Trustees
of New Braunfels Utilities to provide for the continued preservation of the public health,
safety and welfare ofthe people;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NEW BRAUNFELS, TEXAS:
SECTION 1. The findings and recitations set out in the preamble to this Ordinance are
found to be true and correct and they are hereby adopted by the City Council and made a
part hereof for all purposes.
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SECTION 2. That Section 130-257 ofthe Code of Ordinances, City ofNew Braunfels as
it currently exists is repealed and a new Section 130-257 is adopted which section shall
read as follows:
Sec. 130-257. Sewer rates.
(a) Service rate classifications. All sewage treatment services supplied shall be designated by
the following classifications with descriptions, rates, and conditions of service as indicated further
in this section:
Residential service 1 (with water service)
Residential service 2 (without water service)
General service 1 (with water service)
General service 2 (without water service)
Contractual service
Experimental service
(b) Rate schedule administration and assignment. Upon request for sewer service from a
prospective customer, NBU shall assign the appropriate rate classification for sewer service to the
applicant requesting service. This assignment may be based upon information provided by the
applicant, or other information available at the time the assignment is made.
If a customer receiving service changes the nature or character of sewer service requirements,
then NBU shall, upon review of the information available pertaining to the revised sewer service
requirement, reassign the customer to the appropriate rate schedule.
If a prospective or existing customer is eligible to receive sewer service under more than one of
the NBU' rate schedules, or if the rates charged are unduly burdensome as a result of the
customer's technical qualification for a specific rate schedule, then NBU shall assign the most
appropriate rate schedule for sewer service after consideration of the various service
requirements, potential impact on NBU facilities, the potential relative costs of serving the
customer, and other available pertinent information.
If a customer requests an adjustment to the billing units due to an unusual occurrence or due to
unusual or special circumstances, then NBU may, upon review of the information available
pertaining to the customer's request and after consideration of the potential impact on NBU,
adjust the billing units.
(c) Residential service 1 rate, with water service provided by NBU.
(1) Availability. The residential service 1 rate is available in the sewer service area of NBU
under the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The residential service 1 rate is applicable to sewer service used solely for
residential purposes and related activities consisting of service to single-family dwellings or
permanent residential multifamily dwellings with not more than four separate and identifiable
permanent residential dwelling areas, such as duplexes, triplexes, or quadruplexes, and where
water service is provided by NBU to all units through one water meter.
(3) Excluded uses. The residential service 1 rate shall not be applicable to service to a residence
also used for commercial purposes, including, but not limited to, boardinghouses, motels, hotels,
nursing homes, apartment complexes with more than four separate and identifiable residential
dwelling areas, barbershops, beauty shops, general contractors storing equipment or building
materials on the property, child care centers, retail businesses, restaurants, technical repair
services, professional services offered to the public on the premises, and other similar commercial
or nonresidential activities.
(4) Monthly rates. The residential service 1 rate will be calculated monthly in accordance with
this section and will be an amount equal to the sum of the monthly customer charge plus the
monthly volume charge plus the monthly unit charge, if applicable, as shown below:
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lvfonthly customer charge. The monthly customer charge shall be $11.31 effective November 1,
2007; $12.27 effective November 1, 2008.
Monthly volume charge. The monthly volume charge shall be $3.028 effective November 1,
2007; $3.290 effective November 1, 2008 per 1,000 gallons, or any part thereof, of average water
consumption calculated on a monthly basis as specified under determination of sewer volume
billing units.
Monthly unit charge. The monthly unit charge shall be applicable when a customer with a master
metered water service receives service at a duplex, triplex, quadruplex, or an individual residence
with separate apartment type unit, each such separate and identifiable permanent residential
dwelling area shall be subject to a monthly unit charge for billing purposes. The monthly charge
for each unit in excess of one unit shall be $5.02 per month effective November 1, 2007; $5.45
per month effective November 1, 2008.
NBU will not undertake the apportionment of charges among the occupants residing in multi-unit
residential structures. Charges for multi-unit service will be assessed against the customer of
record for such location.
(5) Determination of sewer volume billing units. Sewer volume billing units shall be calculated
each month for each residential service 1 rate customer by averaging that customer's water
consumption for the lowest three months during the preceding twelve month period. Only one
month of metered water consumption of less than 100 gallons will be included in the calculation
as long as the customer has two or more months of metered water consumption of more than 100
gallons. If the customer has less than two months of metered water consumption of 100 gallons or
more, zero consumption months are not restricted from use in the calculation. This calculated
three-month average water consumption will be billed each month using the rate specified under
monthly volume charge in the preceding paragraph.
Residential service 1 rate customers who have a water usage history less than 12 months shall be
billed at the lesser of the system calculated average consumption for similar residential service 1
rate customers or the current billing month's water consumption until the customer has
established a water usage history of 12 months.
(6) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge plus the monthly unit charge,
if applicable; or
b. The amount specified in any contract between the customer and NBU.
(7) Maximum monthly charge. The maximum charge for a single unit residential structure shall
be $69.08 per month effective November 1, 2007; $75.07 per month effective November 1, 2008.
A maximum charge is not applicable to any multi-unit residential service 1 customer.
(8) Proration of bills. Single unit residential service I rate customers who receive less than a
full month of sewer service will have their total bill prorated based on the number of days for
which service is received by the customer, divided by the number of days in the current calendar
month. Days of service received will be calculated based on the date of initial service or cutoff of
service by NBU and will not be prorated for partial days. Proration of bills will not be applicable
to any multi-unit residential customer.
(d) Residential service 2 rate, with water service not provided by NB U
(1) Availability. The residential service 2 rate is available in the sewer service area of NBU
under the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The residential service 2 rate is applicable to sewer service used solely for
residential purposes and related activities consisting of service to single-family dwellings or
permanent residential multifamily dwellings with not more than four separate and identifiable
permanent residential dwelling areas, such as duplexes, triplexes or quadruplexes, where water
service is not provided by NBU.
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(3) Excluded uses. The residential service 2 rate shall not be applicable to service to a residence
also used for commercial purposes, including, but not limited to, boardinghouses, motels, hotels,
nursing homes, apartment complexes with more than four separate and identifiable residential
dwelling units, barbershops, beauty shops, general contractors storing equipment or building
materials on the property, child care centers, retail businesses, restaurants, technical repair
services, professional services offered to the public on the premises, and other similar commercial
or nonresidential activities.
(4) Monthly rates. The residential service 2 rate will be calculated monthly in accordance with
this section and will be an amount equal to the sum of the monthly customer charge plus the
monthly unit charge, if applicable, as shown below:
Monthly customer charge. The monthly customer charge shall be $35.16 effective November 1,
2007; $38.15 effective November 1, 2008 plus the monthly unit charge if applicable. Triplexes
and quadruplexes will be billed for two monthly customer charges.
Monthly unit charge. When a customer with a master metered water service receives service at a
duplex, triplex, quadruplex, or an individual residence with separate apartment type units, each
such separate and identifiable permanent residential dwelling area shall be subject to a monthly
unit charge for billing purposes. The monthly charge for each unit in excess of one unit shall be
$5.02 per month effective November I, 2007; $5.45 per month effective November 1, 2008.
NBU will not undertake the apportionment of charges residing in multi-unit residential structures
among the occupants. Charges for multi-unit service will be assessed against the customer of
record for such location.
(5) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly unit charge, if applicable; or
b. The amount specified in any contract between the customer and NBU.
(e) General service 1 rate, with water service provided by NB U.
(1) Availability. The general service 1 rate is available in the sewer service area ofNBU under
the rules, regulations, policies, and at the rates set forth in this section.
(2) Applicability. The general service 1 rate is applicable to sewer service for any customer
which does not qualify for the residential service rate, and where water service is provided by
NBU.
(3) Monthly rates. The general service 1 rate will be calculated monthly in accordance with this
section and will be an amount equal to the sum of the monthly customer charge plus the monthly
volume charge plus the monthly unit charge, if applicable, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by the size of the
water meter serving each customer, as follows:
TABLE INSET:
Meter Size
Customer Charge
Effective November Effective November
1,2008
1,2007
5/8-inch and smaller
$16.33
17.72
l-inch
17.90
19.42
1 1/2-inch
23.54
25.54
29.52
32.03
45.85
49.75
2-inch
3-inch
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151
4-inch
65.62
71.20
6-inch and greater
118.38
128.44
Monthly volume charge. The monthly volume charge shall be based upon actual water
consumption measured in 1,000-gallon increments or any part thereof, as follows:
TABLE INSET:
Gallons of Water Usage
$per 1,000 gallons
Effective November
1,2007
Effective November
1, 2008
0--7,000
3.894
4.225
7,001--25,000
3.831
~.157
25,001--300,000
3.516
3.815
Excess of300,000
3.078
3.340
-
Monthly unit charge. When a customer with a master metered water service receives service at a
multiple unit residential facility with five or more units, such as an apartment complex or mobile
home park, each separate and identifiable permanent residential dwelling area and each public
bathroom, laundry area, or other area where sewer service exists shall be subject to a monthly unit
charge for billing purposes. When a customer receives service at a multi-unit nonresidential
facility, each separate and identifiable office, retail, wholesale or other type of working space
designed for occupancy by separate tenants or unrelated users shall be subject to a monthly unit
charge for billing purposes. The monthly charge for each unit in excess of one unit shall be $5.02
per month effective November 1, 2007; $5.45 per month effective November 1, 2008.
NBU will not undertake the apportionment of charges for such users of water among the
occupants or tenants. Charges for multi-unit service will be assessed against the customer of
record for such location.
(4) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge plus the unit charge, if
applicable; or
b. The amount specified in any contract between the customer and NBU.
(f) General service 2 rate, with water service not provided by NBU.
(1) Availability. The general service 2 rate is available in the sewer service area ofNBU under
the rules, regulations, policies, and at the rate set forth in this section.
(2) Applicability. The general service 2 rate is applicable to sewer service for any customer
which does not qualify for the residential service rate, and where water service is not provided by
NBU.
(3) Monthly rates. The general service 2 rate will be calculated monthly in accordance with this
section and will be an amount equal to the sum of the monthly customer charge plus the monthly
volume charge plus the monthly unit charge, if applicable, as shown below.
Monthly customer charge. The monthly customer charge shall be determined by NBU based on
an engineering study or the size of the water meter serving each customer, using the General
Service 1 monthly customer charge rate schedule.
If the customer receives water service directly from a private well where the water service is not
provided through a meter, then the monthly customer charge shall be determined based upon
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152
analysis ofthe water connection, but not less than $16.33 per month effective November 1, 2007;
$17.72 per month effective Novemberl, 2008.
Monthly volume charge. NBU shall have the right to require metered water usage data, to
perform individual account analysis of water consumption, or to perform sewer flow analysis for
any customer under this rate. If metered water usage data becomes available, or ifNBU performs
an individual water consumption analysis or sewer flow analysis, then the monthly volume charge
shall be determined in accordance with the General Service 1 monthly volume charge rate
schedule.
If metered water data is not available, and if NBU does not require an individual water
consumption analysis or sewer flow analysis, then the monthly volume charge shall be $37.68 per
month effective November 1, 2007; $40.88 per month effective November 1, 2008.
Monthly unit charge. When a customer receives service at a multiple unit residential facility with
five or more units, such as an apartment complex or mobile home park, each separate and
identifiable permanent residential dwelling area and each public bathroom, laundry area, or other
area where sewer service exists shall be subject to a monthly unit charge for billing purposes.
When a customer receives service at a multi-unit nonresidential facility, each separate and
identifiable office, retail, wholesale or other type of working space designed for occupancy by
separate tenants or unrelated users shall be subject to a monthly unit charge for billing purposes.
The monthly charge for each unit in excess of one unit shall be $5.02 per month effective
November 1, 2007; $5.45 per month effective November 1, 2008.
NBU will not undertake the apportionment of charges for such customers among the occupants or
tenants. Charges for multi-unit service will be assessed against the customer of record for such
location.
(4) Minimum monthly charge. The minimum monthly charge shall be the larger of the
following:
a. The monthly customer charge plus the monthly volume charge plus the monthly unit charge,
if applicable; or
b. The amount specified in any contract between the customer and NBU.
(g) Contractual sewage treatment. NBU shall have the right to enter into contracts with
customers for sewage treatment subject to prior approval of the city council. Such sewage
treatment charges may be calculated on the basis of customer classification as set forth in this
article or on cost of service, at the election of NBU; however, the sewage treatment charge shall
never be less than cost of service.
(h) Experimental rate.
(1) Applicability. The experimental rate shall be applicable to any and all customer rate
classifications at times selected by NBU. The time period for which the experimental rate may
apply shall not exceed one year. At any time, the number of customers affected by the
experimental rate shall not exceed one percent of the total number of customers served by NBU.
(2) Purpose. The purpose of the experimental rate is to aid in the design of new rates. NBU
shall have the authority to initiate or discontinue the experimental rate as it deems appropriate.
(3) Selection. The methods and criteria for selection of rate class groups to be used for the
experimental rate shall be selected and defined by NBU. Participation in the experimental rate by
customers shall be on a voluntary basis.
SECTION 3. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if
any phrase, clause, sentence, paragraph or section of this Ordinance should be declared
invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity
u:legal\common\ordinances\sewerrate8 5%\9/19/2007
153
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this Ordinance.
SECTION 4. All provisions of the Code of Ordinances of the City ofNew Braunfels
not herein amended or repealed shall remain in full force and etiect.
SECTION 5. All Ordinances or parts thereof in conflict herewith are repealed to the
extent of such conflict only.
SECTION 6. In accordance with the provisions of Section 3.10 of Article III of the
City Charter this Ordinance has been publicly available in the office of the City Secretary for
not less than 72 hours prior to its adoption; that this Ordinance may be read and published by
descriptive caption only.
SECTION 7. This Ordinance will take effect upon the second and final reading in
accordance with the provisions of the Charter of the City ofNew Braunfels.
PASSED AND APPROVED: First reading this _ _ day of _ _ _ _ _ , 2007.
PASSED AND APPROVED: Second reading this __ day of _ _ _ _, 2007.
CITY OF NEW BRAUNFELS, TEXAS
By: ___________________________
Bruce Boyer, Mayor
ATTEST:
Michael A. Resendez, City Secretary
APPROVED AS TO FORM:
Alan C. Wayland, City Attorney
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154
COUNCil AGENDA ITEM
SUB.JECT
rjv~ TTERiPROJECT:
REPORTS
PRES~NTER:
C;JUNCiL
D;~ TE:
~\GENDA
CAPTION:
SEPTEMBER 24, 2007
i\GEND:-1. if.:
REPORTS:
a.
b.
fln:::tnce:
City Council's Reports
Staff Reports
.-\g'":~d3 ;(.:;m >
_
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