[R.O. 2013 §705.010; CC 1991 §705.010; Ord. No. 86 WRB-04 Art. I, 6-16-1987]
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 charges from all users who contribute wastewater
to the City's treatment works. The proceeds of such charges so derived
will be used for the purpose of operating, maintaining and retiring
the debt for such public wastewater treatment works.
[R.O. 2013 §705.020; CC 1991 §705.020; Ord. No. 86 WRB-04 Art. II §§1 —
10, 6-16-1987]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Chapter shall be as follows:
BOD
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5)
days of twenty degrees Celsius (20° C), expressed in milligrams
per liter (mg/l).
NORMAL DOMESTIC WASTEWATER
Wastewater that has a BOD concentration of not more than
two hundred (200) milligrams per liter and a suspended solids concentration
of not more than two hundred forty (240) milligrams per liter.
OPERATION AND MAINTENANCE
All expenditures during the useful life of the treatment
works for materials, labor, utilities, and other items which are necessary
for managing and maintaining the sewage works to achieve the capacity
and performance for which such works were designed and constructed.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed. The term "operation
and maintenance" includes replacement.
SHALL
Is mandatory; MAY: Is permissive.
SS
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.
TREATMENT WORKS
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 treatments;
any other method or system for preventing, abating, reducing, storing,
treating, separating or disposing of municipal waste or industrial
waste, including waste in combined storm water and sanitary sewer
systems.
USEFUL LIFE
The estimated period during which a treatment works will
be operated.
USER
Any contributor to the City's treatment works whose lot,
parcel or real estate, building, living unit or trailer is used for
domestic dwelling and/or business purposes.
USER FEE
That portion of the total wastewater service charge which
is levied in a proportional and adequate manner for the cost of operation,
maintenance and replacement of the wastewater treatment works.
[R.O. 2013 §705.030; CC 1991 §705.030; Ord. No. 86 WRB-04 Art. III §§1 —
7, 6-16-1987; Ord. No.
15-03, 12-29-2003]
A. The
user fee system shall generate adequate annual revenues to pay costs
of annual operation and maintenance, including replacement, and costs
associated with debt retirement of bonded capital associated with
financing the treatment works which the City may by ordinance designate
to be paid by the user fee system. That portion of the total user
fee which is designated for operation and maintenance, including replacement,
of the treatment works shall be established by this Chapter.
B. All
users shall be billed based upon the average monthly usage during
the months of December, January and February.
C. The
average monthly usage so determined shall apply for a two (2) year
period. Every two (2) years rates will be recomputed on basis of usage.
Customers without historic data of usage will be billed for an amount
equal to the average usage of that class of customer until the next
usage determination period.
D. Users
who are not serviced by the water company and have no water usage
information will be billed at a rate equal to the average usage of
that class of customer.
E. For
businesses and commercial users, schools and colleges, who use in
an excess of fifty thousand (50,000) gallons of water per month, shall
be billed on the basis of the water usage during the current month.
During the periods when water estimates are used for billing, the
sewer usage fee shall be based on the latest actual monthly reading.
F. Delinquent Bills.
1. Whenever a bill for sewer service remains unpaid for sixty (60) days
for monthly service after it has been rendered, the City Clerk shall
file with the County Recorder of Deeds a statement of lien claim.
This statement shall contain the legal description of the premises
served, the amount of the unpaid bill, and a notice that the City
claims a lien for this amount as well as for all charges subsequent
to the period covered by the bill.
2. If the user whose bill is unpaid is not the owner of the premises
and the City Clerk has notice of this, notice shall be mailed to the
owner of the premises if his/her address be known to the Clerk whenever
such bill remains unpaid for the period of forty-five (45) days for
a monthly bill after it has been rendered.
3. The failure of the City Clerk to record such lien or to mail such
notice or the failure of the owner to receive such notice shall not
affect the right to foreclose the lien.
4. Property subject to a lien for unpaid charges shall be sold for non-payment
of the same, and the proceeds of the sale shall be applied to pay
the charges, after deducting costs, as is the case in the foreclosure
of statutory liens. Such foreclosure shall be by bill-in-equity in
the name of the City. The City Attorney shall institute such proceedings
in the name of the City in any court having jurisdiction over such
matters against any property for which the bill has remained unpaid
forty-five (45) days in the case of a monthly bill after it has been
rendered.
G. The sewer service fee rate which shall be applied under this Article is set out in Section
700.015 of this Code.
[R.O. 2013 §705.040; CC 1991 §705.040; Ord. No. 86 WRB-04 Art. III §8, 6-16-1987]
All sewer service fees and extra charges established by this
Article shall be stated on a bill rendered monthly.
[R.O. 2013 §705.050; CC 1991 §705.050; Ord. No. 86 WRB-04 Art. III §9, 6-16-1987]
When it appears that an inequity has occurred, the sewage superintendent
or City Clerk may submit a report of the circumstances and make recommendations
for adjustments of sewage service charges to the Board of Aldermen.
Any recommendation for adjustments must be approved by said Board
before such adjustments shall be effective.
[R.O. 2013 §705.060; CC 1991 §705.060; Ord. No. 86 WRB-04 Art. III §10, 6-16-1987]
The elected officials of the City of Tarkio and other duly authorized
employees of said City bearing identification shall, at reasonable
times, be permitted to enter upon all properties for the purposes
of inspection, observation, measurements, sampling and testing in
accordance with the provisions of this Article.
[R.O. 2013 §705.070; CC 1991 §705.070; Ord. No. 86 WRB-04 Art. III §11, 6-16-1987]
All monies collected under the authority of this Article shall
be accrued to one (1) of four (4) sewer funds which shall herewith
be established. A Sewer Operation and Maintenance Fund shall be established
to provide for routine expenses incurred in providing sewer service.
A Sewer Depreciation Fund shall be established to provide for replacement
of major items of equipment as their useful life expires. A Debt Service
Account shall be established to provide for payments of the sewer
system revenue bonds. A Wastewater System Surplus Account shall be
established for the residual balance of any monies remaining after
the necessary deposits have been made in the before-mentioned three
(3) accounts.
Refer to Ordinance No. 86 WRB-03, passed and approved
the twelfth (12th) day of May, 1987, Section 15, Page 18, for further
explanation of the creation of wastewater fund accounts.
[R.O. 2013 §705.080; CC 1991 §705.080; Ord. No. 86 WRB-04 Art. III §12, 6-16-1987]
A late payment penalty of ten percent (10%) of the user bill
will be added to each delinquent bill after due date.