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ORDINANCE NO. 2003 - 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING SECTION 86.026 OF THE CITY CODE TO PROVIDE FOR INDIVIDUAL METERING AND SUBMETERING OF USES CONNECTED TO THE CITY WATER SYSTEM; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. RECITALS: i. H.B. 2404, passed by the Texas Legislatm'e in 2001, requires the owners of all condominiums, apartment houses, mannfactured home rental communities, or multiple use facilities on which construction begins after January i, 2003, to provide for the measurement of the quantity of water consumed by the occupants of each unit tln'ough the installation of either individnal meters or submeters. Water utilities such as the City are charged with ensuring that such facilities are appropriately metered in compliance with the new state law. 2. The Texas Commission for Environmental Quality (TCEQ) has adopted rules to implement this bill in 30 TAC Chapter 29 i, Subchapter H, Utility Submetering and Allocation. 3. H.B. 2404 requires the City, at the request of a property owner, to install the individual meters unless the City determines that the installation of the meters by flae City is not feasible; and if the City determines that City meter installation is not feasible, the owner must install submeters or individual meters. The City Cotmcil finds mad dete~nines that the installation of City-owned and maintained meters is feasible only if the property owner agrees to install the meters within public right-of-way or an approved water utility easement, in accordance with City design standards. The City Council also finds and determines that the installation of City-owned and maintained meters on private property is not feasible, so that where a property owner elects to place meters on private property, the meters should be privately owned mhd maintained. 4. The City Council wishes to revise Chapter 86, Utilities, of the City Code to establish a City policy for water system metering mhd submetering, in accordance with H.B. 2404, the rules promulgated by the TCEQ, and the findings made by the Comhcil in Recital 3 above. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 86, Utilities, of the City Code is amended by revising Section 86.026 as follows (underlining indicates added text; ........... indicates deleted text). Sec 86.026. Water ...~.~ system connections. (a) It is unlawful for may person to make a connection to the city water system without snbmitting a completed application on a form provided by the city and paying the water tap fee