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75 <br />Regular Meeting August 26-, 1996 Page 4 <br />should address Mr. McNair's concerns with the rate structure. Mr. <br />Guerra moved for approval of the ordinance on first reading and Mr. <br />Cox seconded the motion. Mayor Moore responded it will take a rate <br />specialist to address Mr. McNair's concerns with equity because the <br />rate structure is complicated. Mr. Gilley stated the rate structure <br />for duplexes has been in place for years, and the historic logic <br />that was applied when the most recent rate structure was put in <br />place was multi-family residential was treated as commercial <br />property, and that applies also to large apartment complexes with <br />master meters. It also applies to duplexes, and there is clearly a <br />distinction between a duplex and a 200-unit apartment complex. When <br />the rate structure was put in place, that distinction was not made <br />because they were both considered to be commercial enterprises. <br />Since this is the first reading, Staff could use our rate model to <br />evaluate the impact of looking what change this would make if, for <br />instance a 16000 gallon cap for duplexes is appropriate methodology, <br />then this could be applied to our data to determine the impact. <br />Mayor Moore suggested 16000, 18000 and 20000 be applied. Ms. <br />Hughson asked which meter size applies to duplexes. Mr. Gilley <br />stated the commercial rate is not on this list, only residential, <br />and then added under maximum bill, "no additional charge will be <br />applied to single-family residential customers for volumes in excess <br />of 8000 gallons," which means everyone else would nbt have caps. <br />Ms. Hughson stated Mr. McNair's concern was in regard to the cap and <br />not the minimum, and did not understand why a duplex is not just <br />double the regular residential rate. Mr. Cox stated he was not <br />suggesting the rate be changed, but Mr. McNair should be provided <br />the rationale and let us all digest this. The Council voted <br />unanimously for approval of the ordinance on first reading. Mr. Cox <br />stated this is the Council's first of three readings and Staff has <br />been asked to provide additional data. Mr. Hart stated water and <br />wastewater rates have been subsidized prior to the Council <br />implementing the new rate structure, and Mr. Gilley stated the <br />wastewater rates were being subsidized by the water rates prior to <br />this new rate structure. Mr. Hart stated he had discussed this <br />matter with Mr. Higgs and others and there was agreement this is not <br />a desirable situation to be in. Mr. Guerra commented if adjustments <br />are made for one group, then another group will have to pay for the <br />difference to reach the budget built on a 28 percent increase, and <br />Mr. Gilley responded that is correct. <br />Mayor Moore introduced a public hearing regarding amendment to the <br />On-Site Sewage Facilities ordinance, the caption which was read as <br />follows: <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS, AMENDING ARTICLE 3 OF CHAPTER 86, UTILITIES, OF THE SAN <br />MARCOS CITY CODE BY ADDING DIVISION 3, ON-SITE SEWAGE <br />FACILITIES; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR <br />PENALTIES. <br />Mayor Moore noted this is a public hearing only. Mayor Moore opened <br />the public hearing and asked if anyone wished to speak. No one <br />wished to speak, so Mayor Moore closed the public hearing. Mr. <br />Gilley stated the public hearing is allowing the City to act as an <br />agent for TNRCC for the inspection services on these facilities. <br />The Ordinance before you is already in place and enforceable by the <br />City, but in order for it to have a force with TNRCC, it requires <br />this particular procedure outlined in the Council's packet, the <br />public hearing, TNRCC's approval and subsequent adoption by Council. <br />Mayor Moore stated Environmental Services has been using the <br />Ordinance but has not been delegated that authority by TNRCC <br />formally, and Mr. Gilley responded that is correct, although he was <br />not sure if the ordinance had the force of law and penalty behind <br />it. Mr. Gilley stated the purpose of the Ordinance is a health and <br />safety issue solely for the purpose of making sure the disposal of <br />sanitary wastes is done in the most efficient and sanitary method <br />possible. Septic systems are fine when they work and a health <br />hazard when they do not function properly. Ms. Hughson stated if