[Adopted 10-2-1984 by L.L. No. 29-1984 (Ch. 104, Part 1,
of the 1988 Code); amended in its entirety 3-4-2009 by L.L. No. 1-2009]
A.
The Village of Spencerport operates and maintains a sanitary sewer
collection system which covers properties in the Village and outside
of the Village in the Town of Ogden. This system collects effluents
from the properties in the Village and conveys it to a pumping station
located on the north side of Big Ridge Road, operated by the Northwest
Quadrant Pure Waters District, a Monroe County Sewer District, where
it is collected and pumped to treatment facilities. This system also
collects effluents from sewer districts in the Town of Ogden which
is also conveyed to the pump station through Village-owned and -maintained
sewer lines.
B.
In addition to the operation and maintenance of the waste collection
and conveyance system as set forth above, the Village also has incurred
charges in building the pump station and discharge pipes and in decommissioning
the former wastewater treatment plant. Serial bonds have been issued
to generate the revenue needed to repay the costs including bonded
indebtedness incurred for this construction.
C.
In order to operate and maintain the system, it shall be the policy
of the Village of Spencerport to establish and impose a scale of annual
charges for the use of the wastewater collection facilities or any
part or parts thereof. This Part 1 is intended to set forth the method
of computation of the annual charge to be paid for the operation and
maintenance and for the capital payment. This charge is intended to
be the same for like kind properties in the Village and outside of
the Village in the Town of Ogden. It is the intention of the Village
to enter into an intermunicipal agreement with the Town of Ogden to
effectuate the collection of this fee.
D.
All fees for treatment of the effluent and the operation and maintenance
of the pumping station and any other facilities after the effluent
reaches the pumping station shall be determined by and administered
by the Northwest Quadrant Pure Waters District, and shall be a charge
on the Monroe County real property tax bill.
E.
It is the intent that this system closely parallel the system used
by Northwest Quadrant Pure Waters District in the assessment of charges
and fees for its transmission and treatment of the effluent.
As used in this Part 1, the following terms shall have the meanings
indicated:
The number of gallons of water billed to a property by the
Monroe County Water Authority for the period July 1 to June 30. This
number will be used to compute the user charge for the Village tax
year following the most recent year. For example, for the Village
tax year beginning June 1, 2009, the water consumption figures for
July 1, 2007, to June 30, 2008, will be used.
Includes, but is not limited to the following annual costs:
The repayment of indebtedness incurred for the construction
and related costs such as engineering, legal and administrative costs
of construction of the pumping station and lines from the pumping
station to a facility owned by Northwest Quadrant Pure Waters District.[1]
Administrative charges incurred in managing the repayment of
the debt.
Administrative and legal charges incurred in transferring the
ownership of the pumping station to Northwest Quadrant Pure Waters
District to meet the requirements of the New York State Environmental
Facilities Corporation.
The system for the collection of municipal sewage, domestic
sewage, other wastes or liquid industrial wastes, which is owned and
operated by the Village of Spencerport. This includes interceptor
sewers, sewage collection systems, branch sewers and pumping, power
and other equipment and their appurtenances that will be an integral
part of the treatment process or will be used for the ultimate disposal
of residues from such treatment and any extensions, additions and
improvements which may be made to such system.
A Monroe County Sewer District. The Village has, through
an intermunicipal agreement, turned the operation and maintenance
of the pump station over to this District. This intermunicipal agreement
and the amendments thereto are on file in the office of the Village
Clerk.
Include but are not necessarily limited to the following
annual costs:
Salary and wages of personnel operating, maintaining and administrating
the wastewater conveyance and collection system.
Benefits for personnel indicated under Subsection A above.
Costs of materials and supplies for the wastewater conveyance
and collection system.
Costs of any bonded indebtedness necessary for the operation
and maintenance of the wastewater collection and conveyance system.
Equipment costs.
Costs of necessary insurance allocable to the above.
Any other incidental costs not included above, but not including
capital charges as defined above.
A code consisting of three digits which is based on property
type as set forth by the New York State Division of Real Property
Services. The assignment of classification codes is done by the local
Assessor.
The sanitary sewer pumping station located north of Big Ridge
Road which was constructed by the Village of Spencerport and is operated
by the Northwest Quadrant Pure Waters District.
Properties that have a sanitary sewer system available to
them either in the Village of Spencerport or in the Town of Ogden
and are connected to, or serviced by, the collection and conveyance
system and/or the pumping station.
The rent, rate or charge imposed or levied by the Village
of Spencerport for the operation and maintenance as defined above.
The Village Board hereby establishes two separate charges, one
for capital and one for operation and maintenance computed as follows:
A.
Capital charge.
(1)
Each parcel of property will be charged a share of the capital charge
as defined above based on a unit charge. The per unit charge will
be computed as follows:
|
Total Capital Charge/Number of Units in Village and Town
= Per-Unit Capital Charge
|
(a)
Units will be based on the following using the real property
classifications:
|
Property Classification Code
|
Description
|
Units
| |||
|---|---|---|---|---|---|
|
210
|
Single-family residence
|
1
| |||
|
220
|
Two-family residence
|
2
| |||
|
230
|
Three-family residence
|
3
| |||
|
300 to 399
|
Vacant land
|
1*
| |||
|
411
|
Studio
|
3/4
| |||
|
411
|
One-bedroom
|
3/4
| |||
|
411
|
Two or more bedrooms
|
1
| |||
|
480
|
Multiple use or multipurpose as follows:
| ||||
|
[1] For parcels with a single water meter, the user charge shall
be based on:
| |||||
|
[a] The number of dwelling units, where a studio or one-bedroom
apartment equals 3/4 of one unit and a two- or more bedroom apartment
equals one unit; plus
| |||||
|
[b] The previous 12 months' water consumption, where 60,000
gallons equals one unit less the number of units derived in Subsection
[a] above. The minimum resulting charge shall be one unit.
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|
[2] For parcels with two or more water meters the user charge
shall be based on:
| |||||
|
[a] The number of dwelling units where a studio or one-bedroom
apartment equals 3/4 of one unit and a two- or more bedroom apartment
equals one unit; plus
| |||||
|
[b] The previous 12 months' total metered water consumption
for the commercial use, where 60,000 gallons equals one unit. The
minimum charge shall be one unit.
| |||||
|
NOTE:
| ||
|---|---|---|
|
*
|
Vacant lots are charged one unit per lot when sewers are available
to property.
| |
(b)
All other classification codes as follows: Unless exempt as set forth in § 250-4 below, all other classification codes including schools, churches, commercial and industrial properties not included above shall be charged a unit charge based on water consumption where each 60,000 gallons of water equals one unit or part thereof. The minimum unit charge per parcel where sewers are available shall be one unit.
(2)
Capital charges will appear on the Village tax bill beginning with
the tax year starting June 1, 2009. When the unit charge is computed,
a bill shall be sent to the Town of Ogden on or before December 31
of each year setting forth the amount due to the Village for parcels
outside of the Village and showing the computation thereof. Nothing
herein is intended to dictate to the Town of Ogden in what manner
to collect or assess these charges.
B.
User charge.
(1)
User charges are used to pay operation and maintenance charges. User
charges are assessed based on annual water consumption.
(2)
User charges will be based on the following formula:
|
Total annual operation and maintenance costs/Total
thousands of gallons of water consumed by system users =
O&M rate per thousand gallons
|
(3)
Operation and maintenance charges will appear on the Village tax
bill beginning with the tax year starting June 1, 2009. When the O&M
charge is computed, a bill shall be sent to the Town of Ogden on or
before December 31 of each year setting forth the amount due to the
Village for parcels outside of the Village and showing the computation
thereof. Nothing herein is intended to dictate to the Town of Ogden
in what manner to collect or assess these charges.
C.
Rate changes.
(1)
The Village Board shall revise the rate established for covering
the capital charge and operation and maintenance costs of the wastewater
treatment facilities every year and shall make changes to these rates
as may be deemed necessary. The rate charged for amortization of the
debt to cover the local share for the capital improvements shall continue
until the debt is exhausted.
(2)
Each user shall be notified annually, in conjunction with a regular
bill, of the rate changes.
D.
Due date. All capital and user charges shall appear on the Village
tax bill and are due and payable at the office of the Village Clerk,
at the same time as the Village taxes shall be due and payable. In
addition to the user charges provided in this section, according to
the rates specified herein, a further charge of 10% of the amount
so determined shall be added thereto in each case of failure to make
payment on or before the date on which the capital and user charges
are due, and the total thus obtained shall be the user charge in each
such case.
E.
Billing. Charges for both the capital and user fee will be part of
the Village tax bill. The failure of any user to receive a bill promptly
shall not excuse nonpayment of the same, and, in the event that the
user fails to receive a bill promptly, he shall demand the same at
the office of the Village Clerk.
This Part 1 is effective immediately and will apply to Village
tax bills starting with the fiscal year June 1, 2009, to May 31, 2010,
and the bill sent to the Town of Ogden by December 31, 2009, covering
the period June 1, 2009, to May 31, 2010.
