ORDINANCE NO. 3667

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MISSION, TEXAS AMENDING SECTION 114-54 OF ITS CODE OF ORDINANCES; AMENDING CUSTOMER CLASSES; ELIMINATING THE “OUTSIDE” AND “OTHER” CITY SEWER RATE; PROVIDING FOR THE METHOD OF CALCULATING SEWER CHARGES; ESTABLISHING A MONTHLY MINIMUM SEWER CHARGE; AND PROVIDNG FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSION, TEXAS, THAT:

SECTION 1: Section 114-54 of the Code of Ordinances of the City of Mission, Texas captioned Customer classes will be amended as follows:

Code A6 – Other Water Service Provider; and Code A8 – Outside as they pertain to sewer, are eliminated

SECTION 2: Paragraph (b) captioned Sanitary sewer rates subsection (2) is amended to read as follows: Sewer average and multiplication factors: Where applicable in the following sewer rates, the monthly volume charge shall be calculated by multiplying the variable rate times the sewer average of the water consumption, times the multiplication factor shown. The sewer average of the water consumption is determined by using the average of the lowest three months of water consumption rounded up to the nearest 1,000 gallons for each customer for an immediately preceding period of July 1 through June 30 inclusive. This quantity shall be known as the sewer average for residential customers. The sewage discharge quantity for a residential customer (A1) for sanitary sewer service shall not vary from July 1 through June 30 of the following year, but during such period shall be the same amount.

A residential customer must have at least six months of measurable water service as of the preceding year for averaging to be calculated. Averaging of consumption will be done only as part of the overall averaging process and will not be done at any other time. A customer that does not have at least six months of measurable water service regardless of the water provider will not be eligible for the average of the lowest three months of water consumption rounded up to the nearest 1,000 gallons for each customer until July of the succeeding year. Customers that do not have the requisite number of months needed for averaging (6) will be billed sewer charges at a flat fee of $26 per month through June of the following year.

In cases when a water meter, regardless of water provider, is not in place, or not operational, a flat fee of $26 per month will be charged for sewer services until such time that a meter is installed or repaired, after which the customer will be charged for sewer services as outlined in the preceding paragraph.

For all other classes of customers, the variable sewage discharge amount shall be equal to the water consumption for that billing period multiplied by a multiplication factor shown in the rate table adopted under Ordinance 3402.

SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

SECTION 4: This ordinance shall take effect the 1^st day of October, 2011 and will be reflected in the bills mailed on or after that date.

READ, CONSIDERED AND APPROVED on this the 8th day of August, 2011.                                                                             Norberto Salinas, Mayor

ATTEST: Anna Carrillo, City Secretary