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<br />ORDINANCE NO. 2007- 54 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, REVISING RESIDENTIAL <br />WASTEWATER RATES ESTABLISHED UNDER SECTIONS <br />86.262 OF THE CITY CODE BY ESTABLISHING A <br />W ASTEW ATER WINTER AVERAGE SYSTEM; INCLUDING <br />PROCEDURAL PROVISIONS; AND PROVIDING FOR <br />PENALTIES <br /> <br />RECITALS: <br /> <br />1. The City of San Marcos currently bills residential wastewater service based on <br />water usage, with a cap of 8,000 gallons. Under this system, families are billed for summer <br />landscape watering even though such water does not enter into the wastewater treatment system. <br /> <br />2. The wastewater utility has developed a revenue neutral system that will utilize a <br />base line use of water during December through January as the basis for a yearly average <br />wastewater rate, with a cap of9,000 gallons. This system will allow higher usage, without <br />increased cost, for landscape watering during the summer months, when such usage is more <br />likely to occur. <br /> <br />3. The first year of the winter rate average system will be based on data collected by <br />the Utility department for individual residential usage during December, January and February of <br />2006. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. The wastewater (sewer) rates established under Section 86.262 of the City <br />Code are amended to read as shown on the attached Exhibit A, which is made a part of this <br />ordinance for all purposes. <br /> <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held <br />to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in force if they can be given effect without the invalid portion. <br /> <br />SECTION 3. All ordinances and resolution or parts of ordinances or resolutions III <br />conflict with this ordinance are repealed. <br /> <br />SECTION 4. Any person violating any provIsIon of this ordinance commits a <br />misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City <br />Code upon conviction. <br /> <br />SECTION 5. This Ordinance will take effect ten days after the date of its final passage, <br />and it will apply to all billings issued on and after November 1, 2007. The City Clerk will <br />