[Ord. No. 2020-4, 5-12-2020]
It is hereby determined and declared to be necessary and conducive
to the protection of the public health, safety, welfare, and convenience
of the City to collect charges from all users who use the City's
Water System and to establish a user charge system as set forth herein.
The proceeds of such charges so derived will be used for the purpose
of operating, maintaining, and retiring the debt for such Water System.
[Ord. No. 2020-4, 5-12-2020]
A.
OPERATION AND MAINTENANCE
REPLACEMENT
RESIDENTIAL USER
USEFUL LIFE
USER CHARGE
WATER METER
WATER SYSTEM
WINTER AVERAGE USE
Unless the context specifically indicates otherwise, the meaning
of terms used in this Article shall be as follows:
All expenditures during the useful life of the Water System
for materials, labor, utilities, and other items which are necessary
for managing and maintaining the Water System to achieve the capacity
and performance for which said Water System was designed and constructed.
The term "operation and maintenance" includes 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.
Any user of the City's Water System whose lot, parcel
of real estate, or building is used for domestic dwelling purposes
only.
The estimated period during which the treatment works will
be operated.
That portion of the total water service charge which is levied
in a proportional and adequate manner for the cost of operation, maintenance,
and replacement of the Water System.
A water volume measuring and recording device, furnished
and/or installed by the City or furnished and/or installed by a user
and approved by the City.
Any devices and systems for the storage, treatment, recycling,
transmission, and distribution of water. These include transmission
and distribution lines, individual systems, 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 will be part of the treatment
process.
Average use of the winter quarter (December, January, February).
B.
"Shall" is mandatory; "may" is permissive.
[Ord. No. 2020-4, 5-12-2020]
A.
The user charge system established by this Article shall generate
adequate annual revenues to pay the costs of annual operation and
maintenance, including replacement, and cost associated with the City's
revenue bonds issued to finance or refinance improvements to the Water
System (including, but not limited to, the payment of principal, interest
and redemption premium, if any, on said bonds) which the City may
by ordinance designate to be paid by the user charge system. To the
extent any term or provision set forth in the ordinance pursuant to
which the City's revenue bonds have been issued conflicts with
this Article, the ordinance pursuant to which the City's revenue
bonds have been issued shall control.
B.
There are hereby created or ratified and ordered to be established
and maintained in the treasury of the City the following separate
funds and accounts to be known respectively as the:
C.
All of the total user charges imposed and collected pursuant to this
Article shall as and when received be paid and deposited into the
Revenue Fund unless otherwise specifically provided in this Article
and/or any ordinance pursuant to which the City's revenue bonds
have been issued. Said revenues shall be segregated and kept separate
and apart from all other moneys, revenues, funds and accounts of the
City and shall not be commingled with any other moneys, revenues,
funds and accounts of the City. The Revenue Fund shall be administered
and applied solely for the purposes and in the manner provided in
this Article and any ordinance pursuant to which the City's revenue
bonds have been issued.
D.
On the first day of each month, beginning in the month following
the month in which this Article goes into effect, administer and allocate
the moneys then held in the Revenue Fund as follows:
1.
Operation And Maintenance Account. There shall first be paid
and credited to the Operation and Maintenance Account an amount sufficient
to pay the estimated cost of operation and maintenance during the
ensuing month; provided, however, that deposits into the Operation
and Maintenance Account shall equal at least one hundred twenty-six
thousand six hundred sixty-five dollars and thirty-seven cents ($126,665.37)
annually. All amounts paid and credited to the Operation and Maintenance
Account shall be expended and used by the City solely for the purpose
of paying the operation and maintenance expenses of the Water System.
2.
Replacement Account. After all payments and credits required at the time to be made under Subsection (D)(1) of this Section and subject to the provisions of any Ordinance pursuant to which the City's revenue bonds have been issued relating to payments required to be made to debt service accounts, debt service reserve accounts or administrative fees for said bonds have been made, there shall next be paid and credited to the Replacement Account, the amount of seven thousand seven hundred forty-two dollars and eighty-three cents ($7,742.83) each month ($92,913.90 annually). Moneys in the Replacement Account shall be expended and used by the City, if no other funds are available therefor, solely for the purpose of ensuring replacement needs over the useful life of the Water System as may be necessary to keep the Water System in good repair and working order and to assure the continued effective and efficient operation thereof.
3.
All remaining funds on deposit in the Revenue Fund shall be
administered and applied pursuant to the provisions of the ordinance
under which the City's revenue bonds have been issued.
E.
Fiscal year-end balances in the Operation and Maintenance Account
and the Replacement Account shall be carried over to the 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 Account and the Replacement Account shall be returned
to their respective accounts upon appropriate adjustment of the user
charge rates for operation and maintenance and replacement. The 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.
[Ord. No. 2020-4, 5-12-2020]
For actual use rate structure, see Section 700.020.
[Ord. No. 2020-4, 5-12-2020]
A.
All users shall be billed monthly. Billings for each month shall
be made within thirty (30) days after the end of that month. Payments
are due when billings are made. Any payment not received within thirty
(30) days after the billing is made shall be delinquent.
B.
A late payment penalty of ten percent (10%) of the user charge bill
will be added to each delinquent bill for each thirty (30) days of
delinquency. When any bill is thirty (30) days in default, water service
to such premises shall be discontinued until such bill is paid following
due notice and opportunity for hearing. Reconnection fees shall be
paid by the customer.
[Ord. No. 2020-4, 5-12-2020]
A.
The City shall review the user charge system annually and revise
user charge rates as necessary to ensure that the Water System generates
adequate revenues to pay the costs of annual operation and maintenance,
including replacement, and cost associated with the City's revenue
bonds issued to finance or refinance improvements to the Water System
(including, but not limited to, the payment of principal, interest
and redemption premium, if any, on said bonds) and that the Water
System continues to provide for the proportional distribution of said
costs among users and user classes.
B.
The City will notify each user at least annually, in conjunction
with a regular bill, of the rate being charged pursuant to the user
charge system.
