Chapter 715 – User Charge System

Chapter 715

USER CHARGE SYSTEM

Cross Reference — Bond ordinances referred to in this chapter are on file in the city offices.

Section 715.010. Purpose. [Ord. No. 1989-244 Art. I, 5-16-1989]

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City to collect rates, fees and charges for the use of and services provided by the system. The proceeds of such charges so derived will be used for the purpose of operating and maintaining the system; paying the principal of and interest on all revenue bonds or other obligations of the City now outstanding or hereinafter issued or incurred (“revenue bonds” as hereinafter defined) that are payable solely from the revenues of the system (the “system revenues” as hereinafter defined); and providing funds sufficient to meet the requirements of the ordinances of the City authorizing the issuance of the revenue bonds (the “bond ordinances” as hereinafter defined), including replacement of the system.

Section 715.020. Definitions. [Ord. No. 1989-244 Art. II §§1 — 16, 5-16-1989]

Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:

BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND) — The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20°C), expressed in milligrams per liter (mg/l).

BOND ORDINANCES — The ordinances duly adopted by the Governing Body of the City which authorize the issuance of revenue bonds.

NON-RESIDENTIAL CONTRIBUTOR — Any contributor to or user of the system whose lot, parcel of real estate or building is served by a water meter larger than three-quarter (¾) inch.

NORMAL DOMESTIC WASTEWATER — Wastewater that has a BOD concentration of not more than two hundred forty (240) mg/l and a suspended solids concentration of not more than two hundred forty (240) mg/l.

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 system to achieve the capacity and performance for which the system was designed and constructed; provided however, that the terms “operation and

maintenance” shall also have the meaning given to them by the bond ordinances and in the event of any conflict in the meaning hereinabove prescribed and the terms of the bond ordinances, the bond ordinances shall govern.

REPLACEMENT — Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the system to maintain the capacity and performance for which the system was designed and constructed; provided however, that the term “replacement” shall also have the meaning given to it by the bond ordinances and in the event of any conflict in the meaning hereinabove prescribed and the terms of the bond ordinances, the bond ordinances shall govern.

RESIDENTIAL CONTRIBUTOR — Any contributor to or user of the system whose lot, parcel of real estate or building is served by a three-quarter (¾) inch water meter or less.

REVENUE BONDS — All bonds or other obligations of the City now outstanding or hereinafter issued which are payable solely from system revenues.

SHALL — Is mandatory; MAY: Is permissive.

SS (DENOTING SUSPENDED SOLIDS) — Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

SYSTEM — The sewerage system of the City consisting of all properties and assets, real and personal and tangible and intangible, of the City now or hereafter existing which are held or used for the purpose of collecting and treating sewerage including, but not limited to, the City’s treatment facilities and all collection lines and equipment connected therewith.

SYSTEM REVENUES — All income and revenues derived by the City from the operation of the system.

TREATMENT FACILITIES — That part of the system consisting of any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composition sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.

USEFUL LIFE — The estimated period during which the treatment facilities will be operated.

USER CHARGE — That portion of the total system revenues which is levied and collected in a proportional and adequate manner to pay the cost of operation and maintenance, to pay the principal of and interest on the revenue bonds and to meet all requirements of the bond ordinances, including the cost of replacement.

WATER METER — A water volume measuring and recording device furnished and/or installed by the City of Goodman or furnished and/ or installed by a user and approved by the City of Goodman.

Section 715.030. User Charge System — Generally. [Ord. No. 1989-244 Art. III §§1 — 4, 5-16-1989]

A. Unless otherwise provided by the bond ordinances, the user charges shall be collected and disbursed as provided by this Section.

B. The user charge system shall generate adequate annual system revenues to pay costs of operation and maintenance, to pay principal of and interest on the revenue bonds and to provide funds to meet the requirements of the bond ordinances, including replacement, which the City may by ordinance designate or have designated to be paid by the user charge system.

C. That portion of the total user charge collected which is to be for operation and maintenance and, after meeting the requirements of the bond ordinances, for replacement shall be deposited in two (2) separate non-lapsing funds and accounts as follows:

1. An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the system (operation and maintenance account).

2. After making the deposits required by the bond ordinances in an account designated for the specific purpose of ensuring replacement needs over the useful life of the system (replacement account), deposits in the replacement account shall be made monthly in the amount of nine hundred two dollars fifty-eight cents ($902.58) each month.

D. 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 purpose 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 for replacement. The user charge rates 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.

Section 715.040. Basis of Charges. [Ord. No. 1989-244 Art. IV §§1 — 6, 5-16-1989]

A. This Article will set the rates to be charged to users for the collection and treatment of sewerage. Each user shall pay for the sewerage collection and treatment provided by the City based on his/her use of the system as determined by water meters acceptable to the City.

B. For residential contributors, monthly user charges for the collection and treatment of sewage will be based on monthly water usage.

B. For industrial and commercial contributors, user charges for the collection and treatment of sewerage shall be based on water used during the current month. If a commercial or industrial contributor has a consumptive user of water or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on a wastewater meter or separate water meters installed and maintained at the contributor’s expense and in a manner acceptable to the City.

C. For those contributors who contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected.

C. The surcharge is:

C. Sixty-two cents ($0.62) per pound BOD; and forty-two cents ($0.42) per pound SS.

D. Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City’s system or any water user which discharges any substances which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the system shall pay for such increased costs. The charge to each such user shall be as determined by the treatment plant operator and approved by the Board of Aldermen.

E. The user charge rates established in this Article apply to all users, regardless of their location, of the City’s system.

Section 715.050. Billing Procedure. [Ord. No. 1989-244 Art. VI, 5-16-1989]

A. All users will be billed monthly with their water bill and delinquency will be in accordance with the policy established for non-payment of water bills. In accordance with established City policy, non-payment may result in the termination of water and sewer service until such bill is paid.

B. It shall be the duty of the City Clerk to notify the Board of Aldermen of all such delinquent accounts and said Board of Aldermen shall proceed immediately to cause sewer service to each customer to be discontinued.

Section 715.060. Application For Sewerage Services. [Ord. No. 1989-244 Art. VII, 5-16-1989]

Application for sewerage services shall be made to the City Clerk by the owner or occupant of the property to be served. Upon approval of such application, the applicant shall have the right to connect with sewerage collection facilities. The Board of Aldermen

may prescribe a connection fee to be paid by such applicant at the time of application. The City shall have the right to inspect all such connections and to reject such connections due to poor workmanship or inadequate materials.

Section 715.070. Responsibility of User. [Ord. No. 1989-244 Art. VIII §2, 5-16-1989]

The user of each premise receiving sewer service shall be held responsive for the proper use of the system. Plumbing facilities that are to be connected to the sewerage system shall be installed in accordance with the National Plumbing Code and shall be inspected for compliance by a designated representative of the City before any connection is made. No grease, petroleum products, milk, whey, paints, acids, chemicals, metals, animal wastes, food products or other materials detrimental to the treatment facilities and process shall be discharged into the system.

Section 715.080. Annual Review of User Charge System. [Ord. No. 1989-244 Art. IX, 5-16-1989]

A. The City will review the user charge system each year and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance, to pay principal of and interest on the revenue bonds and to provide funds to meet the requirements of the bond ordinances, including replacement, and that the system continues to provide for the proportional distribution of operation and maintenance and replacement 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(s) being charged for water service and for sewerage service