City of Republic, MO
Greene County
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Table of Contents
Table of Contents
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
A. 
No agent, employee, servant or representative of the City shall have any right or authority to make any promise, commitment or agreement not expressly authorized by these rules and regulations:
1. 
All contract for utility service shall be subject to the rules and regulations adopted by the City.
2. 
All applicants for utility service shall be required to sign such form of service contract as may be acceptable to the City.
3. 
All contracts for utility service shall be signed in the true name of the customer desiring such service and the use of a fictitious name shall be sufficient reason for the refusal or termination of service.
4. 
The City shall collect wastewater service charges for the use of, and the services rendered by, the POTW from the owners or occupants of every lot, parcel of real estate, or building that has availability to the POTW or which discharges, either directly or indirectly, wastes to the POTW.
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
Any change in the identity of the contracting customer at a premises shall require a new application and the City may discontinue the utility supply until such new application has been made.
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
A customer who has made application for utility services to premises shall be held liable for all utility services furnished to such premises until such time as the customer properly notifies the Utility Billing Department to discontinue the services for customer's account.
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
Utility bills and notices to any customer shall be deemed to have been presented and given when deposited in the United States mail addressed to the last known address of such customer as shown on the records of the Utility Billing Department.
[Ord. No. 02-14 §§1 — 2, 4-22-2002; Ord. No. 02-41 §§1 — 2, 10-14-2002; Ord. No. 05-14 §1, 2-14-2005; Ord. No. 06-55 §1, 8-14-2006; Ord. No. 08-86 §1, 12-22-2008; Ord. No. 10-08 §1, 3-8-2010]
A. 
Each bill for water and sewer service shall be due and payable upon mailing and shall become delinquent if not paid by 5:00 P.M. on the tenth (10th) day of each month. If the tenth (10th) day of the month falls upon a Saturday, Sunday or City observed holiday, such bill shall become delinquent if not paid by 5:00 P.M. on the first (1st) day thereafter which is not a Saturday, Sunday or City observed holiday. All delinquent accounts shall be subject to an additional five dollar ($5.00) fee to cover the cost of collection and processing and such amount shall be added to each delinquent water bill. The five dollar ($5.00) delinquency fee may be waived, if requested by the customer, if they have had no payment delinquencies during the last twelve (12) consecutive months.
B. 
Water and sewer bills which remain delinquent at 5:00 P.M. on the fifteenth (15th) day of the following month or at 5:00 P.M. on the first (1st) business day thereafter if the fifteenth (15th) falls on a Saturday, Sunday or City observed holiday shall result in the immediate disconnection of water service and subject to a twenty-five dollar ($25.00) reconnection/processing fee. Payment of delinquent water/sewer bills after the fifteenth (15th) day of the following month or after the first (1st) business day thereafter if the fifteenth (15th) falls on a Saturday, Sunday or City observed holiday but before the physical act of disconnection shall not serve to prevent the assessment of the reconnection/processing fee. Service shall not be restored until payment is made of all amounts past due plus applicable reconnection/processing fees. Upon receipt of payment of all amounts due, service shall be restored no later than 5:00 P.M. on the next business day. Payments after disconnection must be made in cash, money order, credit card, debit card or approved check. Water service shall not be re-established on weekends, or City holidays, or on such other days as the City may be operating with a reduced staff.
C. 
Partial payments for the continuance of services in lieu of full amount due or delinquent may be approved at the discretion of the City Administrator or his designee. The City Administrator is authorized to develop and implement the terms of the partial payment which shall be set forth and agreed to in writing by the customer and the City Administrator or his designee.
[Ord. No. 17-21 § 1, 5-16-2017]
D. 
When necessary, utility deposits may be applied to delinquent accounts. Prior to utility service being restored, if a delinquent account has an insufficient deposit, the utility customer will be required to replenish his or her utility deposit at the current rate, as well as any additional costs associated herein.
[Ord. No. 17-21 § 1, 5-16-2017]
1. 
The City may waive the requirements of this Subsection for customers with twelve (12) months of continuous service with no payment delinquencies.
E. 
Any occupant or user of the premises receiving utility services shall be jointly and severally liable to pay for such services rendered on such premises. The City shall have the power to sue any occupant, user or combination thereof in a civil action and receive any sums due for such services plus a reasonable attorney's fee to be determined by the court.
[Ord. No. 02-14 §§1 — 2, 4-22-2002; Ord. No. 04-31 §1, 5-10-2004; Ord. No. 05-67 §1, 8-22-2005; Ord. No. 07-66 §1, 10-22-2007; Ord. No. 08-90 §1, 1-12-2009; Ord. No. 17-21 § 1, 5-16-2017]
A. 
The City may adjust any customer utility bill when any such customer usage exceeds that customer’s normal usage by more than one hundred percent (100%) as a result of a water leak. The adjusted water and sewer billing shall be computed by deducting the monthly metered average of the last three (3) months from the meter reading that includes the leakage and then charging such customer for fifty percent (50%) of the remainder. This adjustment shall not apply to any service address where the structure has not been issued an occupancy permit by the appropriate regulatory authority. No more than one (1) adjustment may be applied to any service connection or structure within any calendar year and shall not encompass charges for more than one (1) billing cycle. When, in the sole opinion of the City, the leakage did not enter the sanitary sewer system, 100% of the leakage will be deducted from the sewer billing
B. 
No water or sewer adjustments will be made until the City is satisfied the repairs have been made.
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
Utility service to each customer shall be for the sole use of such customer on the premises described in the service application and resale or sub-metering of water by such customer is prohibited. A separate bill shall be rendered for each meter unless specified otherwise by the City.
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
A service charge of twenty dollars ($20.00) is hereby imposed upon any person or entity who, in an attempt to discharge any indebtedness owed to the City, issues or passes to any City Official or employee any check or other similar sight order for the payment of money which is not honored by the drawee for any reason.
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
The payment of all utility bills owed to the City shall be made at the address of the principal office of the City, as set forth on the billing document, or at such other place or location as may be authorized by the terms of any such billing document.
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
The City will not be bound by bills rendered under mistake of fact as to the quantity and nature of utility services rendered.
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
The City shall have the right to read meters and render utility bills for such periods as it may deem practicable.
[Ord. No. 02-14 §§1 — 2, 4-22-2002; Ord. No. 08-76 §1, 11-10-2008; Ord. No. 11-11 §1, 5-23-2011]
A. 
All utility customers shall be billed on the basis of monthly usage as determined by monthly water meter and/or sewage meter readings, except as authorized in this Chapter.
B. 
Residential users shall be billed a sanitary sewer charge based on metered use during the months of October through March. During the months of April through September, residential users shall be billed a sanitary sewer charge based on the average monthly water usage (rounded off to the nearest hundred gallons) of the previous period of October through March.
1. 
New customers may supply and the City may accept usage data from a customer's previous residence to calculate an October through March average.
2. 
Customers without October through March historic data will remain at the sanitary sewer average assigned to them upon initiating utility service until such time as the October through March usage calculation is determined the following year.
3. 
All new residents owning, leasing, or otherwise occupying a residence or dwelling unit within the City and connected to the sanitary sewer system, where such new resident has no historic data of water or sanitary sewer usage, shall pay sewer charges based upon seventeen hundred (1,700) gallons of water usage per person for each person residing or living in any such residence or dwelling unit. Such sewerage charge calculation shall be in effect until such time as the average monthly usage can be calculated in accordance with this Subsection (B).
C. 
Contractors and owners of units under construction, prior to the sale or leasing thereof, shall pay water charges at actual usage as stated in Subsection (A) above. Sewer charges are to be billed at the base amount as shown in Section 705.210, until such time the occupancy permit is issued by City for said residence. At that time said contractors and owners base sewer amount will be converted to actual usage.
D. 
In the event that a customer can provide evidence suitable to the City of the consumption of water in a manufacturing or industrial process, the basis of sanitary sewer service charges for a customer may be established by agreement in writing between the City and the user, the agreement shall be reviewed annually by the City and user and may be so reviewed at such other times as the City, in its discretion, may require or permit.
E. 
The owners of tenant-occupied property shall have the right to examine the collection records of the City for the purpose of determining whether such rates and charges have been paid by such tenants; provided that such examination shall be made at the office at which such records are kept and during the hours that such office is open for business.
F. 
The City shall have the right and privilege to discontinue water service to any customer or refuse water service to any customer, whether previously served or not, for any reason which, in the sole judgment and discretion of the City, may be valid or sufficient.
[Ord. No. 02-14 §§1 — 2, 4-22-2002; Ord. No. 12-49 §1, 8-13-2012]
Users outside of the City limits of Republic shall be assessed an additional charge of fifty percent (50%) unless those users have executed a valid and enforceable voluntary consent to annex in a form approved by the City suitable for recording in the County land records. Upon execution of a voluntary consent to annex, a user outside the City limits shall be charged at the rate established for those users within the City limits. Should a voluntary consent to annex become unenforceable for any reason, then the fifty percent (50%) additional charge shall be applicable.
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
The sewer and water rate schedule adopted for any fiscal year shall be designed to ensure adequate sewer operation and maintenance funds and to maintain a sufficient sewer replacement fund to cover costs of anticipated major equipment replacements.
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
Utility customers using less than the minimum monthly usage shall be required to pay the full amount of the base charge. If utility service is disconnected during a reading cycle, utility customer shall be required to pay, at a minimum, the base charge.
[Ord. No. 02-14 §§1 — 2, 4-22-2002; Ord. No. 03-01 §§1 — 2, 1-27-2003; Ord. No. 03-83 §1, 12-22-2003; Ord. No. 07-52 §1, 8-27-2007; Ord. No. 07-61 §1, 9-24-2007; Ord. No. 08-77 §1, 11-24-2008; Ord. No. 11-11 §2, 5-23-2011]
A. 
Purpose. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City of Republic to collect fees from all users of the municipal water system. The proceeds of such fees so derived will be used for purposes to include, but not limited to, operating, maintaining, improving and retiring the debt for such public water system.
B. 
Definitions. As used in this Section, the following terms are defined as follows:
ANNUAL EXPENSES
Include, but are not limited to, all costs associated with operating and managing the water system.
CAPITAL IMPROVEMENTS
Include, but are not limited to, all expenditures toward the purchase or construction of equipment or facilities which will increase, improve, expand or extend the Water System. Capital improvements shall include main replacement and other budgeted capital outlay.
EQUIPMENT REPLACEMENT
Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the water system to maintain the capacity and performance for which such works were designed and constructed.
OPERATION AND MAINTENANCE
All expenditures during the useful life of the system for materials, labor, utilities and other items which are necessary for managing and maintaining the water system, including interfund transfers and debt service.
USEFUL LIFE
The estimated period during which the water system works will be operated.
USER
The owner or occupant of property or premises that is connected directly or indirectly to the municipal water system.
USER FEE
That portion of the total water service fee which is levied in a proportional manner for the cost of operation, maintenance, equipment replacement and capital outlay of the water system.
WATER SYSTEM
Any devices and systems owned and operated by the City of Republic for the production, storage, treatment, recycling and distribution of water. These include transmission and distribution lines, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable water supply such as standby treatment units and any works, including site acquisition of land, that may be a part of the maintenance, production, storage or treatment process.
C. 
Collection And Disbursements.
1. 
The user fee system shall generate sufficient annual revenues to pay the costs of all annual expenses. This may include costs associated with debt retirement of bonded capital associated with financing water system improvements which the City may by ordinance designate be paid by the user fee system.
2. 
That portion of the user fees which are designated for the operation and maintenance, equipment replacement and capital improvement purposes as established herein, shall be deposited in a separate non-lapsing fund designated as the Operation and Maintenance, Equipment Replacement and Capital Improvement Fund and will be kept in three (3) primary accounts as follows:
a. 
The Operation and Maintenance Account shall be an account designated for the specific purpose of funding operation and maintenance cost (including debt service but excluding equipment replacement and capital outlay) of the water system. Deposits in the Operation and Maintenance Account shall be made monthly from the system revenues in the minimum amount of twenty-five thousand seven hundred eight dollars ($25,708.00).
b. 
The Equipment Replacement Account shall be an account designated for the specific purpose of ensuring the replacement needs of the existing water system over its useful life. Deposits in the Equipment Replacement Account shall be made monthly from the system revenues in the minimum amount of one thousand two hundred one dollars ($1,201.00).
c. 
The Capital Improvement Account shall be an account designed for the purpose of ensuring improvement needs over the useful life of the water system. Deposits in the Capital Improvement Account shall be made monthly from the system revenues in the minimum amount of forty-one thousand six hundred twenty-eight dollars ($41,628.00).
3. 
Fiscal year-end balances in the Operation and Maintenance Account, Equipment Replacement Account and the Capital Improvement Account shall be carried over to same accounts in each 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 and Maintenance, Equipment Replacement or the Capital Improvement Account shall be returned to their respective accounts upon appropriate adjustment of the user fees for operation, maintenance and capital improvements. The user fee(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.
D. 
User Fee Structure.
1. 
Each user shall pay for the services provided by the City based on their use of the water system as determined by water meters acceptable to the City.
2. 
All monthly user fees will be based on monthly water usage.
3. 
For those users inside City limits, each user will be charged a monthly minimum fee plus a unit fee per one thousand (1,000) gallons, or fraction thereof as shown below. User fees for all customers not within the boundaries of the City of Republic shall be one and one-half (1½) times the inside fee as specified herein.
4. 
The water service rates to be charged shall be as follows:
Effective date for services provided on or after:
June 1, 2011
December 1, 2011
December 1, 2012
Inside City Rate
Outside City Rate
Inside City Rate
Outside City Rate
Inside City Rate
Outside City Rate
Base charge per month for 1,500 gallons or less
$6.16
$9.24
$6.53
$9.80
$6.86
$10.29
Surcharge for each 1,000 gallons in excess of 1,500 gallons per month or fraction thereof
$3.12
$4.68
$3.31
$4.97
$3.39
$5.09
Effective date for services provided on or after:
December 1, 2013
December 1, 2014
Inside City Rate
Outside City Rate
Inside City Rate
Outside City Rate
Base charge per month for 1,500 gallons or less
$7.20
$10.80
$7.56
$11.34
Surcharge for each 1,000 gallons in excess of 1,500 gallons per month or fraction thereof
$3.47
$5.21
$3.56
$5.34
E. 
Annual Review.
1. 
The City of Republic shall review the user fee system annually or as frequently as needed and revise user fees as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance, including equipment replacement and capital improvements, and that the system continues to provide for the proportional distribution of annual expenses among users.
2. 
The City of Republic will notify each user at least annually, in conjunction with a regular bill, of the user fees being charged for use of the water system.
[Ord. No. 02-14 §§1 — 2, 4-22-2002; Ord. No. 03-16 §1, 2-24-2003; Ord. No. 03-35 §§1 — 2, 4-28-2003; Ord. No. 05-14 §2, 2-14-2005]
Prior to being furnished utility service, each applicant shall be required to deposit with the City the following deposit fee, except as hereinafter provided:
Meter Size
Deposit Amount
5/8 - inch water meter connection
$150.00
1 - inch water meter connection
$250.00
1½ - inch water meter connection
$350.00
2 - inch water meter connection
$500.00
3 - inch water meter connection
$700.00
4 - inch water meter connection
$1,000.00
6 - inch water meter connection
$1,500.00
8 - inch water meter connection
$2,000.00
All or any portion of the deposit described herein may be applied by the City at any time to any delinquent utility account as stated in Section 705.050. Upon the termination or discontinuance of any utility service for which a deposit was made by the customer thereof, such deposit shall be applied to customer's final bill.
After twelve (12) months of consecutive utility service with no more than one (1) delinquent payment, the above-mentioned utility service deposit may be applied to the customer's utility service account upon customer's request.
The City may waive a utility service deposit for five-eighths (5/8) inch water meter connections if an applicant submits, on a form provided by the City, proof from the applicant's immediately preceding utility services provider of the following:
1.
The applicant had at least twelve (12) months of continuous service from applicant's last utility services provider;
2.
The applicant had no more than one (1) payment delinquency during the final twelve (12) months of service by applicant's last utility services provider; and
[Ord. No. 17-21 § 1, 5-16-2017]
3.
The applicant's utility service was not disconnected or discontinued by applicant's last utility services provider for reasons of delinquency or non-payment.
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
Prior to obtaining a hydrant-metering device, customers are required to pay the following:
Metering devices under 2"
$250.00 deposit
2" or larger metering device
$750.00 deposit
Labor for installation
$25.00 per meter
In addition to the costs contained herein, usage is billed at the inside City rates as determined in Section 705.160. Any credit balance to be returned to customer from the deposit will go through the same process as water deposit reimbursements.
Metering devices are only to be used inside the corporate limits of the City of Republic and shall not be in user's possession for more than two (2) weeks at a time. After two (2) weeks, the meter must be returned to the City in good condition to avoid additional charges. If the meter is not returned at the appropriate time or in good condition, the balance of the deposit, or a portion thereof, shall be forfeited. If necessary, the City will take the appropriate action to recover metering devices that are not returned.
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
A. 
Prior to being furnished utility service, an account set-up fee of ten dollars ($10.00) shall be paid by each utility applicant to cover the expense of processing the application for utility service.
B. 
Upon a customer's request for meter installation, the City of Republic will make the initial trip to the meter site at no charge. Should subsequent trips be needed as a result of failure to have the site ready for installation, a twenty-five dollar ($25.00) meter installation trip charge will be assessed to the customer's account for each subsequent trip necessary for installation of the meter.
C. 
A customer who requests a temporary disconnection of service, for other than repair of a recorded water leak or for longer than a forty-eight (48) hour period, will be assessed a twenty-five dollar ($25.00) turn-on charge upon the customer's written notification to the City for reinstatement of services.
[Ord. No. 02-14 §§1 — 2, 4-22-2002; Ord. No. 03-59 §§1 — 2, 8-25-2003; Ord. No. 08-76 §2, 11-10-2008]
Sewer customers shall be required to pay at a minimum the base charge as shown in Section 705.210. Should their usage exceed the base charge they will be required to pay based on metered usage for the billing cycle. If utility service is disconnected during a reading cycle, utility customer shall be required to pay, at a minimum, the base charge. Should their usage during the final reading cycle exceed the base charge, they will be required to pay the full amount of usage during this period.
[Ord. No. 02-14 §§1 — 2, 4-22-2002; Ord. No. 06-47 §1, 6-26-2006; Ord. No. 08-76 §3, 11-10-2008; Ord. No. 11-11 §3, 5-23-2011]
The sanitary sewer service rates to be charged shall be as follows:
Effective date for services provided on or after:
June 1, 2011
December 1, 2011
December 1, 2012
Inside City Rate
Outside City Rate
Inside City Rate
Outside City Rate
Inside City Rate
Outside City Rate
Base charge per month for 1,500 gallons or less
$13.17
$19.76
$14.82
$22.23
$15.93
$23.90
Surcharge for each 1,000 gallons in excess of 1,500 gallons per month or fraction thereof
$8.39
$12.59
$9.02
$13.53
$9.47
$14.21
Effective date, for services provided on or after:
December 1, 2013
December 1, 2014
Inside City Rate
Outside City Rate
Inside City Rate
Outside City Rate
Base charge per month for 1,500 gallons or less
$15.93
$23.90
$15.93
$23.90
Surcharge for each 1,000 gallons in excess of 1,500 gallons per month or fraction thereof
$9.47
$14.21
$9.47
$14.21
[Ord. No. 02-14 §§1 — 2, 4-22-2002; Ord. No. 06-47 §2, 6-26-2006]
A. 
In order that the rates and charges may be justly and equitably adjusted to the service rendered, the City shall have the right to base its charges not only on volume but also the strength and characteristics of sewage and wastes which it is required to treat and dispose of. The City shall have the right to measure and determine the strength and content of all sewage and wastes discharged, either directly or indirectly, into the City's sanitary sewerage system in such a manner and by such method as it may deem practicable in the light of the conditions and attending circumstances of the case in order to determine the proper charge.
1. 
Extra charges for discharge of excess BOD.
a. 
Any customer inside the corporate limits of the City of Republic who discharges sewerage having a BOD concentration in excess of two hundred fifty (250) mg/1 shall pay an additional charge of thirty-three cents ($.33) per pound of excess BOD discharged.
b. 
Any customer outside the corporate limits of the City of Republic who discharges sewerage having a BOD concentration in excess of two hundred fifty (250) mg/1 shall pay an additional charge of fifty cents ($.50) per pound of excess BOD discharged.
2. 
Extra charges for discharge of excess TSS.
a. 
Any customer inside the corporate limits of the City of Republic who discharges sewerage having a TSS concentration in excess of three hundred (300) mg/1 shall pay an additional charge of twenty-six cents ($.26) per pound of excess TSS discharged.
b. 
Any customer outside the corporate limits of the City of Republic who discharges sewerage having a TSS concentration in excess of three hundred (300) mg/1 shall pay an additional charge of thirty-nine cents ($.39) per pound of excess TSS discharged.
3. 
Extra charges for discharge of excess phosphorus.
a. 
Any customer inside the corporate limits of the City of Republic who discharges sewerage having a phosphorus concentration in excess of ten (10) mg/l shall pay an additional charge of fifty-three cents ($.53) per pound of excess phosphorus discharged.
b. 
Any customer outside the corporate limits of the City of Republic who discharges sewerage having a phosphorus concentration in excess of ten (10) mg/l shall pay an additional charge of eighty cents ($.80) per pound of excess phosphorus discharged.
4. 
Extra charges for discharge of toxic substances. Any customer who discharges a toxic substance which is deleterious to the treatment process or to sludge utilization shall be liable for all costs incurred by the City in returning the treatment process or sludge to its proper condition. Such extra charges shall be determined by the Director subject to review and approval by the City Council.
[Ord. No. 02-14 §§1 — 2, 4-22-2002]
A. 
Except as otherwise provided in this Chapter, wastewater service charges shall be based on one (1) of the following:
1. 
On the quantity of water used from any source or sources of supply as measured by water meters acceptable to the Director.
2. 
On the quantity of wastewater entering the POTW, and measured by a wastewater meter acceptable to the Director.
3. 
On the quantity of water used as determined by the Director.
4. 
On the quantity of wastewater entering the POTW as determined by the Director as determined by usage based on occupation or other usage parameters accepted by the industry.
5. 
On the percentage of the metered water used entering the POTW as determined by the Director.
B. 
Installation Of Water And Wastewater Meters.
1. 
The Utility Department shall install and maintain in continuous efficient operation a water meter at each lot, parcel of real estate, or building served by the utility.
2. 
An owner, at his/her expense, may install and maintain a wastewater meter acceptable to the Director. The wastewater meter shall be specifically designed for use with wastewater.
3. 
The Director may require users of the POTW to provide other methods of determination as may be required.
C. 
Maintenance of meters, either water or wastewater, shall be in accordance with manufacturer's specifications. The readings of any such meter that has not been maintained in a continuous and efficient manner may be disregarded and the Director may determine the wastewater volume delivered to the POTW during the time covered by discredited meter readings.
D. 
Water meters shall be read by the Utility Department in accordance with the meter reading practices of the Director.
[1]
Cross Reference — As to emergency notification system impact fees, §500.060.
Editor's Note — Ord. no. 11-29 §§1 — 4, adopted November 14, 2011 (passed in election 2-7-2012), and ord. no. 12-19 §3, adopted January 23, 2012, repealed sections 705.240 "sewer impact fees", 705.245 "water impact fees" and 705.250 "connection fees for sanitary sewers built by private contract" and enacted new provisions set out herein. Former sections 705.240 — 705.250 derived from ord. no. 02-14 §§1 — 2, 4-22-2002; ord. no. 05-03 §§1 — 3, 1-25-2005.
[Ord. No. 11-29 §§1 — 2, 11-14-2011; Ord. No. 12-19 §§1 — 5, 1-23-2012]
Impact fees are one-time equitable charges for the privilege of utilizing the finite capacity of the City's water and sewer system. These fees provide a means of balancing cost requirements for new utility infrastructure between existing customers and new customers and are intended to be consistent with the principles of allocating a fair share of the cost of new facilities to new users and are based on the rational nexus of a reasonable proportionality between the amount of the fee and the direct benefit provided to the new or expanded user. All fees collected under these provisions shall be deposited into restricted fund accounts and shall be expended only in the manner and method for the purposes of system improvements, expansion, related debt service, or dire emergency.
[Ord. No. 11-29 §§1 — 2, 11-14-2011; Ord. No. 12-19 §§1 — 5, 1-23-2012]
A. 
Water impact fees for residential and non-residential land use will be calculated based on the following meter sizes:
5/8 x ¾ inch (typical residential size)
1 inch (minimum non-residential size)
1.5 inch
2 inch
3 inch
4 inch
6 inch
B. 
Sewer impact fees for residential and non-residential land use will be calculated based on the following meter sizes:
5/8 x ¾ inch (typical residential size)
1 inch (minimum non-residential size)
1.5 inch
2 inch
3 inch
4 inch
6 inch
C. 
Council is authorized to establish and/or amend by ordinance the impact fee schedule rates or the method of calculating the impact fees from time to time based upon economic conditions related to the cost of providing for expansion of the sewer and/or water system or in the event of dire emergency.
D. 
Council may authorize a separate rate structure for meters related to irrigation systems or similar uses.
E. 
Water impact fees for structures outside the Republic City limits, as they now exist or as may be extended in the future, shall be assessed at one and one-half (1½) times the rates established hereunder unless otherwise determined by Council.
F. 
No impact fees shall be assessed on existing customers or residences currently utilizing the municipal water or sewer system or to residential property that is to be remodeled. All monies will be deposited in the properly designated restricted fund accounts to be used only for system improvements, expansion, related debt service, or dire emergency.
G. 
Impact fees will be assessed and all monies collected at the time a building or plumbing permit is issued.
[Ord. No. 11-29 §§1 — 2, 11-14-2011; Ord. No. 12-19 §§1 — 5, 1-23-2012]
A. 
Schedule established. Notwithstanding any other provision of this Code to the contrary, there is hereby established a charge to every new or expanded user of the City's water and sewer system, which is in addition to other fees and charges under this Code. An expanded user of the water or sewer system is a user which increases the size or number of water meters serving its property or premises. Water and sewer impact fees will be in accordance following fee schedule and shall be based on the water meter size serving the property or premises according to the following classifications:
[Ord. No. 13-16 §1, 4-8-2013]
1. 
Water impact fee classification for residential and commercial/industrial used to establish fees.
a. 
5/8-inch x 3/4-inch: single-family residential size and individual residential unit connections in "R-2" and "R-1Z", otherwise minimum 1 inch.
b. 
1-inch: multi-family residential (minimum "R-3" multi-family size).
c. 
1.5-inch: multi-family residential.
d. 
2-inch: multi-family residential.
e. 
3-inch: multi-family residential.
f. 
5/8-inch x 3/4-inch: for small commercial and office use with peak demand of less than 10 gallons per minute.
g. 
1-inch: commercial/business/industrial.
h. 
1.5-inch: commercial/business/industrial.
i. 
2-inch: commercial/business/industrial.
j. 
3-inch: commercial/business/industrial.
k. 
4-inch: commercial/business/industrial.
l. 
6-inch: commercial/business/industrial.
2. 
Sewer impact fee classification for residential and commercial/industrial used to establish fees.
a. 
5/8-inch x 3/4-inch: single-family, residential size and individual residential unit connections in "R-2" and "R-1Z", otherwise minimum 1 inch.
b. 
1-inch: multi-family residential (minimum multi-family size).
c. 
1.5-inch: multi-family residential.
d. 
2-inch: multi-family residential.
e. 
3-inch: multi-family residential.
f. 
5/8-inch x 3/4-inch: for small commercial and office use with peak demand of less than 10 gallons per minute.
g. 
1-inch: commercial/business/industrial.
h. 
1.5-inch: commercial/business/ industrial.
i. 
2-inch: commercial/business/industrial.
j. 
3-inch: commercial/business/industrial.
k. 
4-inch: commercial/business/industrial.
l. 
6-inch: commercial/business/industrial.
Impact Fee Schedule
Residential
Through December 31, 2013
Meter Size
(inches)
Water Impact Fee
Sewer Impact Fee
Notes
5/8 x 3/4
$350
$450
Single-family residential size and individual connections in "R-2" and "R-1Z", otherwise 1 inch
1
$1,400
$1,800
Minimum fee for "R-3"
1.5
$2,100
$2,700
Multi-family
2
$2,800
$3,600
Multi-family
3
$4,200
$5,400
Multi-family
Impact Fee Schedule
Residential Effective January 1, 2014
Meter Size
(inches)
Water Impact Fee
Sewer Impact Fee
Notes
5/8 x 3/4
$350
$750
Single-family residential size and individual connections in "R-2" and "R-1Z", otherwise 1 inch
1
$1,400
$4,500
Minimum fee for "R-3"
1.5
$2,100
$6,750
Multi-family
2
$2,800
$9,000
Multi-family
3
$4,200
$13,500
Multi-family
Impact Fee Schedule
Commercial
Meter Size
(inches)
Water Impact Fee
Sewer Impact Fee
Notes
5/8 x 3/4
$350
$750
For small commercial and office use with peak demand of less than 10 gallons per minute.
1
$1,400
$4,500
1.5
$2,100
$6,750
2
$2,800
$9,000
3
$4,200
$13,500
4
$5,600
$18,000
6
$8,400
$27,000
B. 
Existing Users. Existing users of the water or sewer system will not be assessed impact fees but any increase in the number or size of water meters serving the property or premises will be assessed as an expanded use.
C. 
Increase In The Size Or Number Of Water Meters. Any user who increases the size or number of water meters servicing its property or premises shall pay fees equal to the difference between the impact fees for the meter(s) which existed prior to the increase, and the impact fees for the newly installed meter(s).
D. 
Irrigation Meters. The impact fee schedule for new or expanded irrigation users shall be one-half (½) times the rate for water only. This is in addition to any fees for the master meter.
E. 
Fees For Service Outside Of The City Limits. The impact fee schedule for new or expanded users outside of the corporate limits of the City of Republic shall be one and one-half (1½) times the applicable rate shown herein.
F. 
Time Of Payment. Except as provided herein all impact fees shall be collected in conjunction with the issuance of a building permit, plumbing permit or other permit. The owner of any property or premises may enter into a fee agreement with the City Council providing for an alternate time of payment pursuant to the remaining terms of this Article.
G. 
Annual Adjustment. The impact fees set forth herein are directly related to construction costs incurred or expenses anticipated in the future and as such are influenced by the rate of interest on loans secured or the rate of inflation for future construction. Each rate established in Subsection (A) is subject to review and adjustment annually by City Council with such review occurring before adoption of the annual budget. City Council may adjust the fees as conditions warrant; however, if no annual adjustment is made or if City Council does not conduct a review, the then current impact fees shall remain in place.
H. 
Exception. Properties or premises with existing residential structures in the former Brookline Village center at the time on consolidation on June 6, 2005, as per a listing of property owners maintained by the City Clerk, shall be exempt from water and sewer impact fees per the policy established for properties in this area during the consolidation process. A copy of that policy is on file with the City Clerk. This exemption is contingent upon the ownership being the same as was of record on June 6, 2005, and that the residential structure was in existence on June 6, 2005. If ownership has changed or if a new structure is involved, then the schedule of fees contained herein shall be applicable.
I. 
Denial Of Services. The City, its boards, commissions or agents shall withhold or discontinue all City improvements or services of whatsoever nature, including the furnishing of sewer, water, and further, no permits shall be issued by the Community Development Department or Public Works Department to any property or premises to which applicable impact fees have not been paid.
[Ord. No. 16-23 § 1, 11-28-2016]
J. 
Severability. The portions of this Article shall be severable. In the event that any portion of this Article is found by a court of competent jurisdiction to be invalid, the remaining portions of this Article are valid, unless the court finds the valid portions of this Article are so essential and inseparably connected with and dependent upon the void portion that it cannot be presumed that the City Council would have enacted the valid portions without the invalid ones or unless the court finds that the valid portions standing alone are incomplete and are incapable of being executed in accordance with the legislative intent.