[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.
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.
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.
The division of sewer user customers by waste characteristics
and process discharge similarities or function, such as residential,
commercial, institutional, industrial, or governmental.
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.
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.
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.
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.
A sewer which is not owned by the Village.
A sewer which is owned and controlled by the Village and
is separate from and does not include sewers owned by other governmental
units.
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.
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.
