[Ord. No. 2020-1358, 10-19-2020]
It is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the Town to collect charges from all users who use the Town'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. 2020-1358, 10-19-2020]
Unless the context specifically indicates otherwise. the meaning of terms used in this Article shall be as follows:
OPERATION AND MAINTENANCE
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.
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.
RESIDENTIAL USER
Any user of the Town's Water System whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.
SHALL; MAY
"Shall" is mandatory; "May" is permissive.
USEFUL LIFE
The estimated period during which the treatment works will be operated.
USER CHARGE
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.
WATER SYSTEM
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.
WATER METER
A water volume measuring and recording device, furnished and/or installed by the Town or furnished and/or installed by a user and approved by the Town.
WINTER AVERAGE USE
Average use of the Winter quarter (Dec., Jan., Feb.).
[Ord. No. 2020-1358, 10-19-2020]
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 Town'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 Town 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 Town's revenue bonds have been issued conflicts with this Article, the ordinance pursuant to which the Town'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 Town the following separate funds and accounts to be known respectively as the:
1. 
Water System Revenue Fund (the "Revenue Fund").
2. 
Water System Operation and Maintenance Account (the "Operation and Maintenance Account").
3. 
Water System Depreciation and Replacement Account (the "Replacement Account").
C. 
All of the total user charge 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 Town'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 Town and shall not be commingled with any other moneys, revenues, funds and accounts of the Town. 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 Town'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 $942,830.84 annually. All amounts paid and credited to the Operation and Maintenance Account shall be expended and used by the Town 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 (1) of this Subsection and subject to the provisions of any ordinance pursuant to which the Town'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 $19,856.77 each month ($238,281.20 annually). Moneys in the Replacement Account shall be expended and used by the Town, 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 Town'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. 2020-1358, 10-19-2020]
A. 
Each user shall pay for the services provided by the Town based on their use of the water system as determined by water meter(s) acceptable to the Town.
B. 
All monthly user charges will be based on monthly water usage.
C. 
The Town hereby imposes the following charges for services which will be effective on the dates shown below:
Effective November 1, 2020:
Minimum charge per month shall be $16.85.
Volume Charge shall be $8.50 per 1,000 gallons of water.
Effective March 1, 2021:
Minimum charge per month shall be $20.85.
Volume Charge shall be $8.50 per 1,000 gallons of water.
Effective October 1, 2021:
Minimum charge per month shall be $24.97.
Volume Charge shall be $8.50 per 1,000 gallons of water.
Effective January 1, 2022:
Minimum charge per month shall be $24.97.
Volume Charge shall be $9.18 per 1,000 gallons of water.
D. 
The user charge rates established in this Section apply to all users of the Town's Water System, regardless of the user's location, except that users located outside of the Town shall pay charges equal to the in-Town user rates, until changed by the Board of Public Works.
[Ord. No. 2020-1358, 10-19-2020]
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. 2020-1358, 10-19-2020]
A. 
The Town 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 Town'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 Town will notify each user at least annually, in conjunction with a regular bill, of the rate being charged pursuant to the user charge system.