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2009F23-Admending Sewer RatesORDINANCE N0.09-F-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING SEWER RATES PURSUANT TO CHAPTER 90, ARTICLE III, SECTION 90-81, SEWER RATES ESTABLISHED, OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS; PROVIDING A REPEALING CLAUSE; PROVIDING SEVERABILITY; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Chapter 90, Article III, Section 90-81, Sewer Rates Established, states that sewer rates shall be as established from time to time by ordinance; WHEREAS, the City Council of the City of Schertz (the "City Council") last revised sewer rates on August 2, 2005 by Ordinance Number OS-F-37; and WHEREAS, City staff has recommended changes to the current sewer rates. NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. Pursuant to Chapter 90, Article III, Section 90-81, Sewer Rates Established, of the Code of Ordinances of the City of Schertz, Texas, the City Council hereby adopts the amended sewer rates attached hereto as Exhibit 5. SECTION 2. All ordinances that are in conflict with the provisions of this Ordinance, including but not limited to Ordinance Number OS-F-37 approved August 2, 2005, are hereby repealed to the extent of such conflict, and all other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 3. The sewer rates established by this Ordinance shall become effective October 1, 2009. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase, or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal, or unconstitutional. SCHERTZ Ordinance (unending Sewei• Rates.DOC - 1 - SECTION 5. Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two-thirds of the members of the City Council present at the meeting at which this Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading and shall be effective upon the date hereof and any publication required bylaw. PASSED, APPROVED, AND ADOPTED on first and finaJfieading this 7th day of July, 2009. City of Schertz, Texas (SEAL OF THE CITY) ATTEST: City Secretary, City of Schertz, Texas SCHERTZ Ordinance P,mending Sewer Rates.DOC - 2 - WATER. WASTEWATER AND WASTE DISPOSAL s 90-Ex. 5 EXHIBIT 5 SEWER RATES ESTABLISHED The retail rates shall be assessed according to the following categories: (a) The rates and charges for sewer services of the City of Schertz, Texas, shall consist of a debt service charge, line maintenance fee, and treatment charge. 2. Single Family Residence: (a). Base Rate-Each single-family residential connection shall be assessed a base rate of $3.75 per month. (b). The single-family residential customer will be charged the retail treatment rate based on total city treatment cost to include a City line maintenance fee of $ .15 per one thousand-gallons (1,000) based on the customers water usage: (c). User Charge- Each single-family residential customer of the sewer service shall be assessed a monthly rate of $2.65 per one thousand-gallons(1000) based on one hundred percent (100%) of the user's average water consumption as computed for each cycle. (d). User average is determined by using the three winter months (November, December, January, February) from the proceeding twelve months. The three Winter month usages are added, the total is divided by three (3) to establish the user's average monthly water consumption with a minimum of 500 gallons. A customer that moves from one address to another within the city, his/her sewer rate at the new address shall be the same as that at the former address until the next annual re- rating for that particular customer's cycle is performed. In the event that no previous rate has been established by the customer, the rate assessed shall be determined by taking the overall average of chargeable water consumption of all single-family residences on the sewer system. Chapter 90 Exhibit 5 Sewer Rates Established Rev. July-09 Effective date of October 1, 2009 s 19-Ex. 5 SCHERTZ CODE 3. Business and Multi-family Dwelling Units: (a). Base Rate -The base rate shall be assessed in terms of connection equivalents, which equivalent shall be determined as follows: Customer's previous twelve month water consumption as determined at the annual re-rating in February shall be divided by three hundred sixty-five (365), and the results of such division shall then be divided by two hundred forty five (245) gallons. The figure arrived at by the second division shall be the customer's connection equivalent. Each business shall be assessed a base rate of four dollars, seventy five cents ($4.75) per connection equivalent per month. A business that is new or has had a change in the use of the existing connection, the base rate assessed shall be based on the connection equivalent as determined by the Cibolo Creek Municipal Authority in calculating sewer connection fees, until such time as the customer has established asix-month average. At such time, the base rate shall be based on the six month average until the annual re-rating which shall occur in each year during the final month of averaging period of customer's cycle. (b). User Charge- The user charge will be assessed on one hundred percent (100%) of the customer's water consumption, per one thousand (1,000) gallons. (c) Commercial/Industrial users will be assessed a fee of $.18 for line Maintenance. 3. Public Schools (a). Base rate- Each public school shall be assessed a base rate of four dollars and seventy-five cents ($4.75) per connection equivalent. In the event that new schools are constructed, the base rate shall be based on the connection equivalents as determined by Cibolo Creek Municipal Authority in determining sewer connections fees, until such time as the new school has established a twelve- month average. At such time, the base rate shall be based on the twelve-month average until the annual re-rating which shall occur in each year during the final month of averaging period of customer's cycle. Chapter 19 Exhibit 5 Sewer Rates Established Rev 7-09 s 19-Ex. 5 SCHERTZ CODE (b). User Charge- The user charge, based on one hundred percent (100%) of all water consumed each month, shall charged per one thousand (1,000) gallons as follows: Users will be assessed a fee of $.18 for line maintenance to include the retail treatment charge: Chapter 19 Exhibit 5 Sewer Rates Established Rev 7-09