[Adopted by Ord. No. 503 (Ch. 8 of the 1961 Code)]
Pursuant to §§ 66.0821(4) and 281.57, Wis. Stats., the Village of Fox Point is authorized and directed to establish a system of equitable user charges for the operation and maintenance of the local sewer system for which the user fee system shall be in compliance with Title II of the Federal Water Pollution Control Act (Public Law 92-500, as amended) and the rules promulgated under the Federal Water Pollution Control Act.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the Village to collect charges from all users who contribute wastewater to the Village's collection system. The proceeds of such charges so derived will be used for the purpose of operating and maintaining the public wastewater collection system.
For the purpose of this article, the following definitions shall be used. Words used in the present tense include the future, the singular number includes the plural number, the plural number includes the singular number. The word "shall" is mandatory and not directory, while the word "may" is permissive.
BILLABLE FLOW
A user's recorded quarterly water usage as metered and/or determined by the Village Water Utility, plus metered water from wells and other sources and less any sewer exempt metered data as established by the Milwaukee Metropolitan Sewerage District's Sewer User Certification Program.
CLASSES OF USERS
The division of sewer user customers by waste characteristics and process discharge similarities or function, such as residential, commercial, institutional, industrial, or governmental.
FUNCTIONAL OBSOLESCENCE
The process efficiency of a functional element of the local collection and conveyance system beyond the capacity of a preventive maintenance program to such extent that a new process device or piece of equipment would be more cost effective.
LOCAL USER CHARGE
That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the collection system.
OPERATION AND MAINTENANCE COSTS
Includes all costs, direct and indirect, not including debt service but inclusive of expenditures attributable to administration, supervision, labor, employee benefits, contracted services, supplies and expenses, equipment rental (including replacement) for local collection and conveyance sewers necessary to insure sewer service on a continuing basis which conforms to applicable regulations and assures optimal long-term facility management.
PHYSICAL OBSOLESCENCE
The material deficiency of a functional element of the local sewer collection and conveyance system or personal property to a point that repair as normal or preventative maintenance is not cost benefit effective.
PRIVATE SEWER
A sewer which is not owned by the Village.
PUBLIC SEWER
A sewer which is owned and controlled by the Village and is separate from and does not include sewers owned by other governmental units.
REPLACEMENT COSTS
The expenditures for obtaining and installing equipment, accessories or appurtenances necessary during the service life of operation and maintenance equipment to maintain the capacity and performance for which such equipment or facilities were designed and constructed. Such consideration for replacement costs shall be incorporated into all equipment rental rates established by the Village Department of Public Works for equipment used in local sewer system operation and maintenance work. Such rental rates shall be developed pursuant to guidelines published periodically by the Wisconsin Department of Transportation. The term "operation and maintenance costs" as defined in this section includes replacement costs.
REPLACEMENT RESERVE
An account for the segregation of resources to meet capital consumption of personal or real property.
There is hereby imposed a charge on each sewer user in this municipality who discharges water and/or wastewater, directly or indirectly, into the local sewer systems owned and operated by the Village. Such charge shall be determined by the Village Board and collected in accordance with provisions of this article.
A. 
The sewer user charge shall be determined as hereinafter set forth:
(1) 
User charges based on flow and connections. The annual user charge to recover total collection system operation, maintenance and replacement costs shall consist of a connection and volumetric charge to each user. The annual connection charge shall be calculated by dividing the total expected billing, meter reading cost, and any other cost appropriately recovered by a connection charge by the total number of connections in the system. The volumetric rate shall be computed by dividing the total expected collection system operation, maintenance and replacement costs (not calculated through a connection cost) by the total expected billable flow in the system. This rate multiplied by the billable flow for each user shall represent the volumetric user charge.
B. 
The Village Board may from time to time change from the method in effect to any other method which will result in a fair and equitable charge to each user, such change to be made by resolution adopted by the Village Board. The first bill for sewer user charge shall be with the bill for the Milwaukee Metropolitan Sewerage District for the calendar quarter beginning February 1, 1983.
The Village Board will review the local user charge system at least every two years and revise local user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.
The Village Board will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement of the collection system. This notification will display separately Milwaukee Metropolitan Sewerage District treatment charges and local operation, maintenance and replacement rates.
The payment of all local sewer user charge bills shall be made within 20 days after the date of mailing by the Village. In the event that such bill is not paid within 20 days of issuance, a penalty of 1 1/2% per month will be added to each quarterly sewer billing and if not paid, placed on the tax roll as a special charge pursuant to law.
The local user charge system shall generate adequate annual revenue to pay costs of annual operation and maintenance including replacement associated with financing the collection system which the Village Board may designate to be paid by the local user charge system. That portion of the total local user charge which is designated for operation and maintenance, including replacement of the collection system, shall be established by the Village Board.
A. 
That portion of the total local user charge collected which is designated for operation and maintenance, including replacement purposes, shall be deposited in a separate nonlapsing fund known as the "Local Operation, Maintenance and Replacement Fund," and will be kept in two primary accounts, as follows:
(1) 
An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the collection system (Operation and Maintenance Account).
(2) 
An account designated for the specific purpose of ensuring replacement needs over the useful life of the collection system (Replacement Account).
B. 
Funds in either of the above accounts may be commingled with funds in the other of said accounts and funds in either or both of said accounts may be commingled with other Village funds, provided accurate records are kept in respect to all of said funds.
Fiscal year-end balances in the Operation and Maintenance Account and the Replacement Account shall be carried over to the same accounts, in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement funds shall be returned to their respective accounts upon appropriate adjustment of the local user charge rates for operation, maintenance and replacement. The local user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.
Any unpaid local sewer operation and maintenance charges shall become a lien upon the property served and shall be enforced as provided in § 66.0821(4), Wis. Stats.
Any person violating any provision of this article shall be subject to the penalty provisions set forth in § 1-4 of this Code, except that the minimum forfeiture shall be $10.
Appeal procedures with respect to any action taken by the Village shall be accomplished pursuant to Appeal Provisions of Milwaukee Metropolitan Sewerage District Rules and Regulations, Article XVII, Section 1701.056, as presently written and as amended from time to time.
In the interpretation and application of this article, all provisions shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other power granted by the Statutes of the State of Wisconsin.