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Home My WebLink About029160 ORD - 07/26/2011Page 1 of 6 ORDINANCE REVISING THE TITLE OF ARTICLE VII, CHAPTER 55, CODE OF ORDINANCES; AMENDING SECTION 55-100, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, SETTING THE WASTEWATER RATES FOR FISCAL YEAR 2011/2012; ESTABLISHING THE PROCEDURES FOR THE FISCAL YEAR 2011/2012 OF THE WASTEWATER RATES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The title of Article VII, Code of Ordinances, is revised to read as follows: "ARTICLE VII. SEWER WASTEWATER RATES" SECTION 2. Section 55-100, Code of Ordinances is revised to read as follows: "Sec. 55-100. Schedule. "(a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: Classification August 204 to my 3, 2014 -0 - , August 1, 2011 to July 31, 2012 Inside city limits One -family minimum monthly charge (first $ 20.76 2,000 gallons) Inside city limits ,$23.96 4.20 One -family per 1,000 gallons over 2,000 4.84 Inside city limits One -family maximum monthly charge (up 46 to 25,000 gallons) 135.28 Outside city limits One -family minimum monthly charge (first 25.95 2,000 gallons) 29.95 Outside city limits 845 One -family per 1,000 gallons over 2,000 10.72 Outside city limits One -family maximum monthly charge (up 229.50 to 25,000 gallons) 279.98 0291.60 2011-2012 Wastewater Rate Ordinance 06302011.docx INOEXED ' Pa'ge2of6 Inside city limits Commercial minimum monthly charge (first 2,000 gallons) 32.12 32.66 Inside city limits 3.41 Commercial per 1,000 gallons over 2,000 3.46 Outside city limits Commercial minimum monthly charge (first /10.15 2,000 gallons) 40.69 Outside city limits 6.83 Commercial per 1,000 gallons over 2,000 6.93 "(b) The amount of water used to compute the monthly bills to one -family residential customers shall be computed on the basis of the "winter average" or "interim average" that is calculated under this subsection. "(1) Definitions. "a. Winter averaging wastewater charge period: The period of water and wastewater service during the three (3) complete consecutive reading periods commencing on or after December 1 of each year. Using the average monthly water consumption. The customer must receive reading periods in order to establish a "winter average". "b. Winter average, usage: The monthly wastewater usage established by the city during the "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. This "c. Interim average: The monthly wastewater usage established by the city for individual customers who have not established a "winter average usage". The"interim average" shall be is recalculated each year based on the total "winter average usage" consumption of all customers subject to winter averaging divided by the number of winter averaging customers, and shall be is the basis for monthly billings until a "winter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. "d. Service area: The geographic region served by the city's wastewater system. 2011-2012 Wastewater Rate Ordinance 06302011.docx Page 3 of 6 "(2) Winter average criteria. "a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". "b. "Winter average usage" charges shall apply to one -family residential customers only. "b—cThe "winter average usage" shall be based on a customer's average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. "s—d_The following method will be used to calculate a customer's "winter average usage": "1. Add the three (3) winter months' water consumption to get total water consumption. "2. Divide three-month usage amount by three (3) to get winter average usage. Such winter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. "d—e. Using the winter average usage, apply the applicable rates established in subsection (a) to calculate the customer's wastewater bill for each month until a new winter average usage is established or rates are changed. The adiusted rate that applies to service after June 30 will reflect wastewater usage based on the previous "winter averaging wastewater charge period". "e—f. New and relocating customers; adjustments: "1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. "2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. "3. Customers who are relocating within the service area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. "4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the 2011-2012 Wastewater Rate Ordinance 06302011.docx Page 4 of 6 customer can produce proof of repairs, the director of finance or the director's designee may adjust the wastewater bill. "(3) Administrative change in rates. "a. Annually the city manager shall calculate base revenues from single- family residential wastewater customers during the prior year. Base revenues shall equal the prior year's actual revenues from single-family residential wastewater customers, adjusted for subsequent actual any rate in,„ sa a changes, and for any increase in the single-family residential wastewater customer base. For this purpose, a year shall run from June 1 through May 31. "b. The city manager shall annually, based upon the winter average wastewater usage determined during the winter averaging wastewater charge period, adjust the rate in the new fiscal year applied to each customer's winter average or interim average so that the adjusted rate will produce an amount equal to the base revenues, plus any rate changes approved by the City Council for the new fiscal year. "(c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty (250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55-148." SECTION 3. In lieu of the procedures in Section 55-100(b)(3), Code of Ordinances, the City Manager shall use the following procedure to make the administrative changes in Fiscal Year 2011/2012 wastewater rates: The city manager shall calculate base revenues from single-family residential wastewater customers using the Fiscal Year 2010/2011 calculated revenues from single-family residential wastewater customers, as if the correct rates had been implemented on September 1, 2010 and for any increase in the single-family residential wastewater customer base. For this purpose, a year shall run from June 1 through May 31. Then based upon the winter average wastewater usage determined for the winter averaging wastewater charge period, the City Manager shall administratively adjust the Fiscal Year 2011/2012 wastewater rates applied to each customer's winter average or interim average so that the administratively adjusted Fiscal Year 2011/2012 rates will produce an amount equal to the base revenues, plus any rate changes approved by the City Council in this ordinance. For the purpose of this section the correct rates that should have been implemented on September 1, 2010 are: 2011-2012 Wastewater Rate Ordinance 06302011.docx Page 5 of 6 Inside city limits One -family minimum monthly charge (first 2,000 gallons) $23.647 Inside city limits One -family per 1,000 gallons over 2,000 4.780 Inside city limits One -family maximum monthly charge (up to 25,000 gallons) 133.590 SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 5. This ordinance is effective on August 1, 2011. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 2011-2012 Wastewater Rate Ordinance 06302011.docx Page 6 of 6 That the foregoing ordi ce was read for the first time and passed to its second reading on this the /P day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, S Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott That the f�regoing ordinan a was read for the second time and passed finally on this the Z day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, S Kevin Kieschnick Priscilla Leal PASSED AND APPROVED, this the ATTEST: David Loeb John E. Marez Nelda Martinez Mark Scott Armando Chapa City Secretary APPROVED: 30th day of June, 2011: R ay ' eining First A ssistan City Attorney For City Attorney 2011-2012 Wastewater Rate Ordinance 06302011.docx day of ,2011. Joe A ame Mayor 029160 EFFECTIVE DATE State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5973960 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, -generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORD. NO. 029160 Rev which the annexed is a true copy, was inserted in the .Corpus Christi -Caller-Times on the 8./ 112011. 8/ 1/ 2011. $ 86.02 1Time(s) LEGAL SALES REPRESENTIVE On this ay o , 2 WI certify that the attached document is a true and an exact copy made by publisher. WENN J. MEDINA N tars P iblic, State of Texas 40» August;l 20111)) CALLER TIMES IA -al Notices 1110 NOTICE F PASSAGE OF ORD. NO. 029150 Revising the title of Art, VII, Ch. 55,, Code of Ordinances; ame;nding '.:;Sec. 55-100, Codeof Or- dinances, City of Corpus Christi, :set- ting the .wastewater rate•:s for F 2011-2012;establish- ing establish-ing ';the :'procedures for the, FY .2011-2012 of the ;wastewater rates; providing for an effective date of Aug.!, 2011 Is 1 Armando .Chapa. City,Secretary