The governing body of the City shall take necessary steps to
establish a rate schedule for sewer service that assures an equitable
system of cost recovery. The purpose hereof is that the industrial
users shall pay for the total costs incurred in the construction,
operation, and maintenance of that portion of the wastewater facilities
related to industrial liquid wastes.
The cost recovery system, as it relates to the industrial user,
shall satisfy the following conditions:
A.
The apportionment of the costs must take into consideration the individual
industrial user's contributions as related to the total plant
capacity, taking into account the volume and strength of all discharges.
B.
The costs to be considered should include, but are not limited to:
(1)
Amortization of the applicant's indebtedness for the cost of
the treatment facilities (plant and interceptors);
(2)
Recovery of that portion of the grant amount allowable to the treatment
of wastes from industrial users;
(3)
Operation and maintenance of the wastewater treatment and collection
facilities;
(4)
Any additional costs which are necessary to assure adequate treatment
on a continuous basis.
C.
Substantial prepayment of the capital investment or other financial
commitments will be required from each industry that contributes 30%
or more of the total volume or strength of the waste load to be treated
by the wastewater treatment facilities.
[Amended 9-21-2005 by Ord. No. 05-18]
Charges for wastewater services to each industrial customer
shall be based on examination and analysis of the nature and volume
of discharge by the industrial customer. Charges shall further be
based on the establishment of a special contract for:
A.
Designating restriction(s) on the wastes to be discharged into the
City's wastewater system; and
B.
Equitable recovery by the City of all costs of engineering, design,
construction, maintenance and operation of wastewater collection and
treatment systems required to serve the needs of the industrial customer.
Any industrial user which discharges the equivalent of 25,000
gallons per day or less of domestic sanitary waste is exempt from
the industrial cost recovery requirements.
The governing body of the City shall take the necessary steps
to establish an equitable system of user fees. The purpose hereof
is that each individual nonindustrial user shall pay an equitable
portion of the City cost of constructing the wastewater facilities
plus a portion of the total operation and maintenance costs.
[Amended 9-21-2005 by Ord. No. 05-18]
A.
Residential and commercial user charges shall be established from
time to time by comparing the most recent fiscal year's revenue
recovery through wastewater rates and charges with the total costs
of service of the wastewater utility for the same fiscal year. The
costs of service shall include, but not be limited to, operating and
maintenance expenses; repair and replacement costs; various administrative
and management charges deemed appropriate by the City Manager and/or
the governing body; annual principal and interest charges for financing
of projects of the wastewater utility; transfer payments to other
City departments deemed appropriate by the City Manager and/or the
governing body. The costs of service may be augmented in any fiscal
year for known and measurable changes in the costs of service which
are expected to take place in the reasonably foreseeable future.
B.
Rates and charges shall consist of a fixed monthly charge which reflects
the customer's being connected to the wastewater system; and
a variable charge per gallon of water treated based on the metered
water consumption of the customer.
The following fees shall apply to any wastewater collection
system user that connects (taps) a building sewer into the public
sewer:
A.
Each connection: $250.
[Amended 9-21-2005 by Ord. No. 05-18]
[Amended 2-16-2000 by Ord. No. 99-14]
Since the wastewater variable cost is tied to water consumption,
in the event a customer can establish that a water leak or other situation
has occurred which the customer's sewer bill has been affected
by situations such as water leaks, construction purposes, product
processing and situations which clearly indicates that water used
has not entered the City's sewer system, the City Manager in
conjunction with the Director is authorized to make a reasonable rate
adjustment as per findings.
Notwithstanding other sections of this chapter, any person connected
to the City's sewer lines and such person's property is
outside the City limits, such person shall be billed at 1.5 times
the user charge as customers inside the City limits.
[Amended 4-19-2006 by Ord. No. 06-04]
Each residential unit which shall include, but not be limited
to, individual apartments and trailer spaces, shall be assessed at
all times a fixed cost charge. However, any residential unit which
is not receiving water service at any particular time (i.e., water
meter turned off by property owner or tenant) shall not be assessed
a variable and fixed cost charge.
[Amended 6-7-2006 by Ord. No. 06-10; 7-15-2009 by Ord. No. 09-07]
A.
Landlord utilities waiver of responsibility form. If a landlord does
not wish to be responsible for specific, or any utilities incurred
on their rental property(ies), they must submit a notarized "Landlord
Waiver of Responsibility Form" to the City of Las Vegas Utilities
Department, located at 905 12th Street.
B.
If such form is not submitted, the landlord is responsible for any
charges accrued, pursuant to NMSA 1978, § 3-23-6, and if
utility charges are not paid to the City within six months after the
initial billing date, a lien against the property shall be filed according
to NMSA 1978, § 3-36-1. The landlord shall submit the landlord
utilities waiver of responsibility form only once for each rental
property involving said waiver of utility payment.
C.
Additional requirements.
(1)
Landlord standby utilities agreement. The landlord must enter into
a landlord standby utilities agreement with the City to have those
services provided by the City Utilities Department. Provision of standby
utilities services are optional, and will be provided only to those
landlords requesting said standby services.
(2)
Landlord tenant filing system. The City of Las Vegas Utilities Department
shall maintain a comprehensive filing system that will contain any
and all agreements, waivers, and forms requesting utility service
covered in this chapter. A separate file will be maintained for each
landlord and each utility service address.
The monies collected under the terms of § 340-40, Industrial user charges, of this chapter shall be retained, invested, and used in accordance with the requirements of § 35.928-2 of Volume 43, Number 80, Part III of the Federal Register dated Tuesday, April 25, 1978.
[Amended 9-21-2005 by Ord. No. 05-18]
A.
The rates for wastewater service contained in § 340-51 include the establishment of a 5% revenue reserve fee for the benefit of the Wastewater Utility. At the end of each fiscal year, the Director shall determine the status of the Wastewater Utility Revenue Reserve Balance. The balance shall be the amounts collected through the Wastewater Utility Revenue Reserve Fee since its inception through the recently completed fiscal year minus amounts expended from the revenue reserve for the same historical time period.
B.
In the event that the Wastewater Utility Revenue Reserve Balance
exceeds 10% of the most recent past fiscal year's revenue, the
City Manager may order a reduction of the rates for wastewater service
by dividing each rate by 1.05. Conversely, should the City's
Wastewater Utility Revenue Reserve Balance for the most recent past
fiscal year result in a balance of less than 5% of that fiscal year's
revenue, the City Manager may order an increase in the rates for wastewater
service by multiplying each rate by 1.05. The Wastewater Utility Revenue
Reserve Balance shall be used solely for meeting the needs of the
City's Wastewater Utility unless diversion of Wastewater Revenue
Reserve Balance funds to some other use within the City's operations
are authorized by affirmative vote of the governing body.
[Amended 2-18-1993 by Ord. No. 81-15; 5-19-1999 by Ord. No. 98-25; 9-21-2005 by Ord. No. 05-18; 5-19-2010 by Ord. No. 10-11; 7-28-2010 by Ord. No.
10-19; 8-16-2012 by Ord. No. 12-14]
A.
Monthly sewer rates for in-City customers.
(1)
Residential.
|
Water Meter Size
(inches)
|
Sewer Base Charge
|
Additional Based on Winter Quarter Average or Current
Monthly Usage (usage that is less)
| |
|---|---|---|---|
|
5/8 by 3/4
|
$7.50
|
$5.12 per 1,000 gallons
| |
|
1
|
$12.30
|
$5.12 per 1,000 gallons
|
(2)
Commercial.
|
Water Meter Size
(inches)
|
Sewer Base Charge
|
Additional Based on Current Water Usage
| |
|---|---|---|---|
|
5/8 by 3/4
|
$12.60
|
$4.65 per 1,000 gallons
| |
|
1
|
$23.90
|
$4.65 per 1,000 gallons
| |
|
1 1/2
|
$52.00
|
$4.65 per 1,000 gallons
| |
|
2
|
$86.60
|
$4.65 per 1,000 gallons
| |
|
3
|
$179.00
|
$4.65 per 1,000 gallons
| |
|
4
|
$341.11
|
$4.65 per 1,000 gallons
| |
|
6
|
$767.58
|
$4.65 per 1,000 gallons
|
B.
Monthly sewer rates for outside customers.
(1)
Residential.
|
Water Meter Size
(inches)
|
Sewer Base Charge
|
Additional Based on Winter Quarter Average or Current
Monthly Usage (usage that is less)
| |
|---|---|---|---|
|
5/8 by 3/4
|
$11.30
|
$7.68 per 1,000 gallons
| |
|
1
|
$18.50
|
$7.68 per 1,000 gallons
|
(2)
Commercial.
|
Water Meter Size
(inches)
|
Sewer Base Charge
|
Additional Based on Current Water Usage
| |
|---|---|---|---|
|
5/8 by 3/4
|
$18.90
|
$6.98 per 1,000 gallons
| |
|
1
|
$35.90
|
$6.98 per 1,000 gallons
| |
|
1 1/2
|
$78.00
|
$6.98 per 1,000 gallons
| |
|
2
|
$129.90
|
$6.98 per 1,000 gallons
| |
|
3
|
$268.50
|
$6.98 per 1,000 gallons
| |
|
4
|
$511.70
|
$6.98 per 1,000 gallons
| |
|
6
|
$1,151.40
|
$6.98 per 1,000 gallons
|
[Added 9-21-2005 by Ord. No. 05-18]
All amounts billed for wastewater service or other charges specified
in this chapter shall be due and payable when the bill is issued and
shall become subject to a late payment fee in the event the customer
fails to pay any amount due at the time of the issuance of the next
bill. The City shall assess a fee of 1.5% per month to amounts which
have not been paid at the time of the issuance of the next bill. The
fee shall be compounded for each month for which amounts remain unpaid.
[Amended 7-20-2005 by Ord. No. 05-12]
A.
"Billing month" shall mean any period of 25 to 35 consecutive days,
which shall normally be the time between readings of the customer's
meter. In the event that for any reason the customer's meter
is not read on this schedule, the customer's use of water for a billing
month may be estimated using information from the customer's
records for previous billing months. Customers shall normally be billed
on a monthly basis. If, for any reason, the City fails to send a bill
to a customer, the City shall retroactively bill that customer.
B.
The City may take the following actions in response to delinquent
user fees:
(1)
If payment of any fixed or variable cost is not made within 25 to
35 days from the date the payment is due, the water service to the
property may be discontinued, and shall not be again supplied to the
person liable for the payment until arrears with any interest and
penalties have been fully paid. Reasonable notice and right to protest
must be given to the customer prior to actual cut-off of water service.
The City's Finance Department shall notify the customer of delinquent
amounts and that service shall be terminated on a particular date,
not less than 10 days after mailing the notice. Each delinquent notice
shall contain the following language:
|
This is to notify you that unless you bring your utility account(s)
current, your service(s) will be cut off 10 days after the date this
notice was mailed. You have the right to protest this termination
as unjustified if you believe that you have been overcharged or charged
for services not rendered. If you believe there is a mistake in this
billing, you have the right to be heard and to present your argument
and evidence. The City will evaluate your complaint and determine
whether you owe the amounts in question. To protest this billing,
you must contact the City's Collection Agent at 454-1401, prior
to the cut-off date.
|
(2)
If wastewater charges owed are not paid to the City within six months
after the initial billing date, a lien against the property shall
be filed according to the New Mexico State Statutes.
(3)
The City may disconnect the private service line of the delinquent
account from the City collector line and plug said private line.
No person shall in any way interfere with any employee of the
City or its designated representatives in any discharge of their duties.
For the purpose of convenience, the billing and collecting of
the charges levied for the service by this chapter shall be done by
the Finance Department of the City, and all such charges shall be
payable at the Cashier's Office in the same manner as other services
are billed and collected by the City.
Any person found guilty of violating any of the provisions of
this chapter shall be fined not more than $300 or imprisoned for a
period of not more than 90 days, or by both such fine and imprisonment,
and each day this chapter is violated shall constitute a separate
offense; provided, however, that if a specific penalty is provided
therefor in any particular and individual section of this chapter,
then the specific penalty shall prevail.
[Added 9-21-2005 by Ord. No. 05-18]
Annual automatic adjustments to the rates and charges of the
Wastewater Utility may be made through application of the Consumer
Price Index (CPI-U) which is maintained by the US government. Adjustments
shall be authorized by the City Manager only after examination of
the financial performance of the Utility during the past fiscal year.
[Added 9-21-2005 by Ord. No. 05-18]
A.
Extensions of the City's wastewater utility system may be made
at the discretion of the City upon request made by an applicant for
wastewater service. All line extensions shall be sized to provide
adequate system performance to meet the applicant's needs, but
in no event shall the line be smaller than four inches in diameter.
In the event that the system master plan requires a larger line size
than is required to serve the applicant's needs, the City shall
absorb the difference in investment between the applicant's required
line size and the line size required by the plan. The City shall be
the sole judge of proper line sizing.
B.
Extension of the system to serve the applicant shall be based on
that system required to reach the mid-point of the property line of
the property to be served. The extension shall be made from the nearest
adequately sized collector system.
C.
The City shall not under any circumstances be required to make an
extension that would be unprofitable and thereby cause undue hardship
to existing customers.
D.
All lines shall be constructed in existing public roads, streets,
City-owned land, alleys or easements. The applicant shall furnish
such rights-of-way as are required without charge to the City over
property owned by said applicant and shall assist the City in securing
at no cost to the City other rights-of-way necessary to provide service
over property not owned by said applicant.
E.
Where unusual circumstances exist an extension may be made under
a special long-term contract, providing the contract terms are such
that no adverse effects will be imposed on the City's existing
customers. This contractual provision is strictly at the option of
the City.
F.
Special conditions which affect the furnishing of wastewater service
to an applicant or group of applicants such as elevation or other
conditions resulting in increased costs to the City in providing wastewater
service shall be taken into consideration when estimating the cost
of providing service.
G.
The applicant requesting the extension of the City's wastewater
system shall pay the entire cost of the extension in advance of the
commencement of work, including the cost of connecting the extension
to the City's system. The City shall provide the applicant with
an estimate of the cost of the extension, and this shall be the basis
for charges which shall be paid by the applicant. In the event that
the actual cost of the extension is lower than the estimate, the applicant
shall receive a refund of the amount overpaid.
H.
Charges for connections made to extensions. In the event that an
applicant for wastewater service makes connection to an extension
which was previously installed by the City, or to an extension made
at the request of an original applicant or customer and paid for by
that original applicant or customer, the City shall charge the applicant
an amount equal to the pro rata per foot cost of the original extension
multiplied by the frontage footage of the property of the applicant.
I.
Credit for connections made to extensions. In the event that an applicant
for wastewater service makes connection to an extension which was
previously installed at the request of an original applicant or customer
and paid for by that original applicant or customer, the City shall
make refund to the original applicant or customer in the amount equal
to the pro rata per foot cost of the original extension multiplied
by the frontage footage of the property of the applicant. The total
amount of refunds made to the original applicant or customer shall
be limited to the amount paid by the original applicant or customer
for the extension minus the frontage footage cost share of the original
applicant's or customer's property. The period of time during
which refunds shall be made to the original applicant or customer
shall be five years after the completion of the extension made for
the original applicant or customer. The Wastewater Utility Department
shall maintain records of such extensions for purposes of application
of this provision.
J.
Connection of privately constructed wastewater collection system;
inspections.
(1)
In the event that an applicant wishes to connect a privately constructed
wastewater collection system to the City's wastewater utility
system, the applicant shall make application to do so, and submit
the privately constructed system to inspection and acceptance by the
City before connection may occur. The City shall provide its wastewater
design and performance specifications upon request. In the event the
applicant's system fails inspection, the system shall be inspected
after corrective action is taken by the applicant.
(2)
The applicant shall pay an inspection fee of 5% of the cost of the
privately constructed collection system, and such fee shall apply
each time an inspection by the City is required. Upon successful acceptance
of the privately constructed system by the City, the applicant shall
pay to the City the actual cost of connecting the applicant's
system to the City's system.
[Added 9-21-2005 by Ord. No. 05-18]
Billing for all of the City's utilities shall be issued
on the same day and sent to customers in a single billing statement
each month.
