For the purpose of defraying the expense of maintaining, extending, operating and keeping in repair the water and wastewater lines system of the City, including suitable disposal plants thereof, there are hereby levied the rates and charges set out in this Part 2 for services rendered by the joint water and wastewater lines system.
Upon the receipt of an application for a new tap and service connection from any owner or agent of property to be benefited, the applicant shall pay to the City the charges set forth in this section.
A. 
Residential water and wastewater connection charges shall be as follows:
(1) 
Connection fee for water and wastewater connection: $2,400.
(2) 
Water-only connection: $1,900.
(3) 
Wastewater-only connection: $500.
(4) 
Water connections requiring a water meter will be paid for by the owner/developer to the City and said meter will be installed by the City. Commercial water and wastewater service connection charges shall be as follows:
Water Connection Charges
Connection (inches)
Charge
3/4
$427
1
$721
2 with a compound meter
$3,108
2 with a positive displacement meter
$2,208
4
$1,050
6
$1,330
(5) 
Water rights assessment fee shall be calculated based on the following:
Category of Establishment
Acre Foot/Year
Base Cost Per Acre Foot at $6,000
Single family
$0.38
$1,330
Multifamily
$0.25
$1,050
Motels, hotels, bed-and-breakfasts
$0.20
$1,200
Schools
Without cafeteria
$0.10/fixture
$600/fixture
With cafeteria/gym
Plus $0.50/fixture
$350/fixture
Showers
$0.10/shower
$1,750
Boarding schools
$0.16/Resident
$6,000/shower, plus $600/resident
Hospitals
$0.20/room
$1,200/room
Rest home, nursing homes and other private care
$0.16/resident
$960/resident
Assembly/ meeting halls
With fixed seating
$0.01/seat
$60/seat
Without fixed seating
Recreation/health club
$0.10/shower or
$6,000
Retail stores
$0.25
$1,500
Hair salon/barber shop
$0.10/stall or chair
$600 stall or chair
Theater
$0.01/seat
$60/seat
Restaurant/bar
$1.75
$10,500
Nonseating food or beverage service
$1.25 plus $0.01/stall
$7,500 plus
Service stations
$1.25 plus
$0.10/pump
$7,500
Laundry (self-service)
$0.10 washing
$600/washing machine
B. 
Commercial wastewater line connection charges shall be as follows:
(1) 
Six-inch, sewer connection:
(a) 
Medium commercial: $7,500.
(b) 
Additional unit: $1,000.
(2) 
Eight-inch, sewer connection:
(a) 
Large commercial: $10,000.
[1] 
Additional units: $1,000.
(b) 
Residential subdivision main tie-in: $10,000.
[1] 
Additional units: $500.
(3) 
Ten-inch, sewer connection: $12,000.
(a) 
Additional units: $1,000.
(4) 
Plus $25 for each fixture to include drainage.
(5) 
For wastewater lines over 10 inches, the connection charges shall be an additional $500 for each additional two inches of pipe size.
A. 
In addition to the connections, fees established in § 300-64 above the cost of providing materials for such connections shall be borne by the applicant and paid to the City of Española. The fees outlined in this chapter are only to the first legal property line. If water service is needed beyond the first legal property line, it shall be the responsibility of the person requesting service to get all utility easements needed. (Note: Meter will be placed at first property line off the public right-of-way.)
B. 
Backflow preventers, such as approved double check valves, (RP) reduced pressure principle assembly, (PVB) pressurized vacuum breakers, and atmospheric vacuum breakers will be installed at the developer's expense. (Note: The type of backflow preventer to be installed will depend on the degree of hazard.) All approved backflow preventers will be tested on an annual basis by a certified backflow preventer tester at the owner's expense, and a copy of the results will be provided to the City of Española Water Department.
C. 
Enclosures will have to meet City standards and receive approval prior to installation.
D. 
Pressure-reducing valves (PRV) are required to reduce water pressure, and will be installed downstream from the water meter at the owner's expense. The owner will maintain the PRV.
A. 
The following service disconnection or reconnection charges shall be charged separately for disconnection or reconnection of water service after service has been disconnected for failure to pay the assessed rates or charges for water service:
(1) 
For each disconnection or reconnection during regular City business hours:
(a) 
First disconnect/reconnect: $50.
(b) 
Second disconnect/reconnect: $100.
(c) 
Third disconnect/reconnect: $150.
(2) 
For each disconnection or reconnection after regular City business hours or on weekends, an additional $30 to the amount in Subsection A(1) of this section will be applied.
(3) 
For each disconnection due to failure to pay the assessed rates, the applicant shall be subject to an additional deposit equal to those established in § 300-66, of this chapter.
(4) 
Voluntary disconnect/reconnect charge of $25 during business hours, and $30 for after hours.
(5) 
A customer may request voluntary suspension of their service, which must be for a period of more than 45 days, not to exceed six months. There will be a fee of $25 to suspend the service. The customer will continue to incur the monthly service charge during the suspension of services, but no usage charges.
B. 
The City Council shall annually review water rates to ensure that rates are consistent with ongoing operating and maintenance requirements of the water system, including, but not limited to, additional water distribution and storage facilities, water rights and other related appurtenances. Based on these reviews, the Public Works Director shall make a recommendation on the rate structure increases to the City Manager for presentation to the City Council. The City Council shall then review the recommendations and approve or forgo the rate increases.
A. 
Credit deposits for utility service shall be determined based on the credit application, hereto attached as Addendum A.[1] Such deposits shall be paid in advance for each account before services are rendered.
[1]
Editor's Note: Addendum A is on file in the City offices.
B. 
Deposits not refunded will be applied to delinquent or outstanding balances owed to the City.
C. 
Deposits shall be forfeited if the City is forced to disconnect an active account for failure to pay the assessed charges.
A. 
Utility rates shall be as outlined in the rate structure attached hereto as Exhibit B.[1] Rates shall be evaluated, annually and it will be determined if the proposed next year's rate is required as outlined. In the event the governing body decides that the rates need to be adjusted, it shall be done as an amendment to this chapter.
[1]
Editor's Note: Exhibit B is on file in the City offices.
B. 
Rates for out-of-City-limits customers shall be the same as in-City-limits customers. Out-of-City-limits customers shall be charged a per-bill surcharge of $20. This shall apply to residential and commercial customers.
C. 
Bulk water rates shall be charged at a rate equal to the per-one-thousand-gallon rate for residential customers. There shall be no service fee charged to bulk water users.
A. 
Qualified customers shall be exempt from the following:
(1) 
Monthly residential service charge for water if individually metered.
B. 
In order to qualify for an exemption, the following shall apply:
(1) 
The customer shall file an affidavit setting out the following facts:
(a) 
The customer is the head of the household residing in the residence being assessed; and
(b) 
The household's gross annual income does not exceed 120% of the most recent federal poverty guidelines issued by the United States Department of Health and Human Services.
(2) 
The customer shall submit documents as required by City policy in order to verify income.
(3) 
The customer shall consent to any reasonable investigation and substantiation by the City of facts stated in the affidavit.
C. 
The filing of a false statement or otherwise fraudulently obtaining the benefits of this section is a violation of the Española Code of Ordinances and is punishable pursuant to all applicable Code provisions and shall entitle the City to recover any fraudulently exempted amount and applicable interest penalties.
Statements for water and wastewater services shall be rendered on or about the fifth day of each month following the month in which services were furnished and are due on receipt. Monthly statements shall be mailed to the person in possession of the property served, addressed to such person at the address of the premises served. If the owner of the property served shall have requested of the Utility Billing Manager, in writing, to mail the statement to the owner or his agent and shall have furnished to the Utility Billing Manager a mailing address other than the address of the premises served, such statement shall be so mailed to the mailing address so furnished.
A. 
A utility account shall become delinquent on the 21st day of the month after the billing month. There is hereby imposed a penalty of 10% of all charges due in all delinquent accounts which, together with penalty, shall bear interest at the rate of 1% per month. If statements are not paid within 10 days from date of delinquency, the deposit shall be applied to defray the outstanding account balance. If the balance remains outstanding after applying the deposit credit, service will be disconnected and discontinued from the property and shall not be again supplied to the person liable for the payment until the arrears, with interest and penalties, have been fully paid. A new connection charge must be paid in accordance with the schedule set out in this chapter.
B. 
Payment arrangements may be made with the City through the City Manager or his designee. All agreements must be in writing. The City Manager or his designee may make reasonable accommodations to accept payment over a period of time, but may not make any accommodations or waive any fees set forth in by this chapter.
C. 
Failure to comply with a payment plan shall result in the immediate disconnection of services. Only one payment plan per twelve-month period shall be allowed.
A. 
Permit required. Should the applicant for utility service require the cutting of pavement to gain access or install such utilities, a permit for cutting such pavement shall be required.
B. 
Submittals. Applicants for utility connections requiring pavement cuts shall submit to the Planning and Zoning Department two sets of plans for review and approval prior to commencing any work associated with the utility connection.
C. 
Fee. A fee of $100 shall be imposed against the applicant for each pavement cut approved. Additionally, a fee not to exceed the current market value of the cost to replace the removed asphalt shall be charged should municipal crews be required or requested to replace or repair the pavement cut patch.
D. 
Approval of pavement patch. The pavement patch shall not be considered approved until reviewed and accepted by the Streets Foreman, Planning and Zoning staff or their designee. Any patch not accepted shall be required to be replaced; failure to replace the patch within 30 days shall constitute approval for municipal crews to replace or repair the patch and charge the prevailing market-rate fee.
E. 
Restrictions on cutting new pavement. Prior to the paving of any public streets or alleyways, the City shall advise the owners of all lands adjoining such streets to be paved of the time that paving is to begin and give them notice that if they intend at any time in the future to hook up to the City water or wastewater lines system, they must at this time arrange for the wastewater lines or water line to be extended to their property line, prior to the paving of the area.
F. 
City Council approval. If the property owner desires to hook up to water or wastewater lines within five years of the paving of the street or alleyway, and it is necessary to cut the pavement in order to hook them up, the property owner shall be required to present such request to the City Council for approval. No permits shall be approved for pavement cuts on these streets without this approval. There shall be a special assessment of $500 against the property owner for each cut in such pavement, and such assessment shall be beyond the assessment listed in § 300-73C above. All such cuts shall be subject to the inspection and acceptance standards as set forth in § 300-73C above.
All of the rates and charges imposed by this Part 2, if not promptly paid, shall become a lien on the lot or parcel of land served by the water or wastewater lines system, as provided in NMSA 1978 § 3-23-1 and 3-36-5 and all laws thereunto enabling. Within 60 days after January 1 of each year, the City Clerk shall prepare a list of all property owners subject to the charges imposed under this Part 2 who are delinquent in the payments of such charges, either in whole or in part, and from this list prepare a notice of lien against each of the properties shown to be delinquent, which notice of lien shall immediately be filed for record in the office of the clerk of the county in which the property is located.
Within 60 days from the date of the filing for record of the notice of lien provided for in § 300-74, the City Clerk shall mail to each delinquent property owner a notice of delinquency, notifying such owner that a claim of lien upon the property affected has been filed, of the amount required to secure the release thereof and that unless payment is received prior to a certain date to be so specified in the notice, the lien will be foreclosed.
The charges imposed under this Part 2, together with all penalties, interest and other charges prescribed, shall become and be a personal liability of the owner of the property served. In addition to collection through foreclosure of the lien, as provided in this Part 2, collection of the lien may be enforced on such personal liability by resorting to any other legal procedure available for the enforcement of personal liabilities.
Nothing contained in this Part 2 shall be so construed as to prevent the revision, modification, increase or decrease by the City Council by ordinance, from time to time, of the charges fixed, prescribed, established and levied in this Part 2, subject to any limitation in any covenant of the City for the protection of any holder of any bond, security or other obligation payable from any revenues of all or any part of the water or wastewater lines systems.
The City Manager, Finance Department Director and Code Enforcement Officer of the City are hereby authorized and directed to take all action necessary or appropriate to collect the charges prescribed in this Part 2 and otherwise to effectuate the provisions of this Part 2.
A. 
Penalties; continuing violations. Every person convicted of a violation of this chapter shall be punished as provided in § 1-10 of the Española Municipal Code. The conviction and punishment of any person for a violation shall not excuse or exempt such person from the payment of any fee due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution of any violation of the provisions of this chapter.
B. 
Remedies cumulative; liens. All remedies prescribed or liens created under this chapter or under the provisions of the law for collection and enforcement of the fees shall be cumulative, and the use of one or more remedies by the City shall not bar the use of any other remedy for enforcing the provisions of this Part 2 created by the law. The fees authorized by this Part 2 shall be a lien in favor of the City upon the real property served and the personal property of the person used in connection with the wastewater lines use which gave rise to the fee, and such lien shall be imposed, collected, enforced, and paid category of acre foot/year, Base cost per acre foot as provided by the law. No property of any persons shall be exempt from levy and sale on execution issued for the collection of a judgment for any fee imposed by this chapter.