For the purpose of defraying the expense of maintaining, extending,
operating and keeping in repair the water and wastewater lines system
of the City, including suitable disposal plants thereof, there are
hereby levied the rates and charges set out in this Part 2 for services
rendered by the joint water and wastewater lines system.
Upon the receipt of an application for a new tap and service
connection from any owner or agent of property to be benefited, the
applicant shall pay to the City the charges set forth in this section.
A.
Residential water and wastewater connection charges shall be as follows:
(1)
Connection fee for water and wastewater connection: $2,400.
(2)
Water-only connection: $1,900.
(3)
Wastewater-only connection: $500.
(4)
Water connections requiring a water meter will be paid for by the
owner/developer to the City and said meter will be installed by the
City. Commercial water and wastewater service connection charges shall
be as follows:
|
Water Connection Charges
| |
|---|---|
|
Connection (inches)
|
Charge
|
|
3/4
|
$427
|
|
1
|
$721
|
|
2 with a compound meter
|
$3,108
|
|
2 with a positive displacement meter
|
$2,208
|
|
4
|
$1,050
|
|
6
|
$1,330
|
(5)
Water rights assessment fee shall be calculated based on the following:
|
Category of Establishment
|
Acre Foot/Year
|
Base Cost Per Acre Foot at $6,000
| |||
|---|---|---|---|---|---|
|
Single family
|
$0.38
|
$1,330
| |||
|
Multifamily
|
$0.25
|
$1,050
| |||
|
Motels, hotels, bed-and-breakfasts
|
$0.20
|
$1,200
| |||
|
Schools
| |||||
|
Without cafeteria
|
$0.10/fixture
|
$600/fixture
| |||
|
With cafeteria/gym
|
Plus $0.50/fixture
|
$350/fixture
| |||
|
Showers
|
$0.10/shower
|
$1,750
| |||
|
Boarding schools
|
$0.16/Resident
|
$6,000/shower, plus $600/resident
| |||
|
Hospitals
|
$0.20/room
|
$1,200/room
| |||
|
Rest home, nursing homes and other private care
|
$0.16/resident
|
$960/resident
| |||
|
Assembly/ meeting halls
| |||||
|
With fixed seating
|
$0.01/seat
|
$60/seat
| |||
|
Without fixed seating
| |||||
|
Recreation/health club
|
$0.10/shower or
|
$6,000
| |||
|
Retail stores
|
$0.25
|
$1,500
| |||
|
Hair salon/barber shop
|
$0.10/stall or chair
|
$600 stall or chair
| |||
|
Theater
|
$0.01/seat
|
$60/seat
| |||
|
Restaurant/bar
|
$1.75
|
$10,500
| |||
|
Nonseating food or beverage service
|
$1.25 plus $0.01/stall
|
$7,500 plus
| |||
|
Service stations
|
$1.25 plus
$0.10/pump
|
$7,500
| |||
|
Laundry (self-service)
|
$0.10 washing
|
$600/washing machine
| |||
A.
In addition to the connections, fees established in § 300-64 above the cost of providing materials for such connections shall be borne by the applicant and paid to the City of Española. The fees outlined in this chapter are only to the first legal property line. If water service is needed beyond the first legal property line, it shall be the responsibility of the person requesting service to get all utility easements needed. (Note: Meter will be placed at first property line off the public right-of-way.)
B.
Backflow preventers, such as approved double check valves, (RP) reduced
pressure principle assembly, (PVB) pressurized vacuum breakers, and
atmospheric vacuum breakers will be installed at the developer's
expense. (Note: The type of backflow preventer to be installed will
depend on the degree of hazard.) All approved backflow preventers
will be tested on an annual basis by a certified backflow preventer
tester at the owner's expense, and a copy of the results will
be provided to the City of Española Water Department.
C.
Enclosures will have to meet City standards and receive approval
prior to installation.
D.
Pressure-reducing valves (PRV) are required to reduce water pressure,
and will be installed downstream from the water meter at the owner's
expense. The owner will maintain the PRV.
A.
The following service disconnection or reconnection charges shall
be charged separately for disconnection or reconnection of water service
after service has been disconnected for failure to pay the assessed
rates or charges for water service:
(2)
For each disconnection or reconnection after regular City business hours or on weekends, an additional $30 to the amount in Subsection A(1) of this section will be applied.
(3)
For each disconnection due to failure to pay the assessed rates, the applicant shall be subject to an additional deposit equal to those established in § 300-66, of this chapter.
(4)
Voluntary disconnect/reconnect charge of $25 during business hours,
and $30 for after hours.
(5)
A customer may request voluntary suspension of their service, which
must be for a period of more than 45 days, not to exceed six months.
There will be a fee of $25 to suspend the service. The customer will
continue to incur the monthly service charge during the suspension
of services, but no usage charges.
B.
The City Council shall annually review water rates to ensure that
rates are consistent with ongoing operating and maintenance requirements
of the water system, including, but not limited to, additional water
distribution and storage facilities, water rights and other related
appurtenances. Based on these reviews, the Public Works Director shall
make a recommendation on the rate structure increases to the City
Manager for presentation to the City Council. The City Council shall
then review the recommendations and approve or forgo the rate increases.
A.
Utility rates shall be as outlined in the rate structure attached
hereto as Exhibit B.[1] Rates shall be evaluated, annually and it will be determined
if the proposed next year's rate is required as outlined. In
the event the governing body decides that the rates need to be adjusted,
it shall be done as an amendment to this chapter.
[1]
Editor's Note: Exhibit B is on file in the City offices.
B.
Rates for out-of-City-limits customers shall be the same as in-City-limits
customers. Out-of-City-limits customers shall be charged a per-bill
surcharge of $20. This shall apply to residential and commercial customers.
C.
Bulk water rates shall be charged at a rate equal to the per-one-thousand-gallon
rate for residential customers. There shall be no service fee charged
to bulk water users.
A.
Qualified customers shall be exempt from the following:
(1)
Monthly residential service charge for water if individually metered.
B.
In order
to qualify for an exemption, the following shall apply:
C.
The filing of a false statement or otherwise fraudulently obtaining
the benefits of this section is a violation of the Española
Code of Ordinances and is punishable pursuant to all applicable Code
provisions and shall entitle the City to recover any fraudulently
exempted amount and applicable interest penalties.
Statements for water and wastewater services shall be rendered
on or about the fifth day of each month following the month in which
services were furnished and are due on receipt. Monthly statements
shall be mailed to the person in possession of the property served,
addressed to such person at the address of the premises served. If
the owner of the property served shall have requested of the Utility
Billing Manager, in writing, to mail the statement to the owner or
his agent and shall have furnished to the Utility Billing Manager
a mailing address other than the address of the premises served, such
statement shall be so mailed to the mailing address so furnished.
A.
A utility account shall become delinquent on the 21st day of the
month after the billing month. There is hereby imposed a penalty of
10% of all charges due in all delinquent accounts which, together
with penalty, shall bear interest at the rate of 1% per month. If
statements are not paid within 10 days from date of delinquency, the
deposit shall be applied to defray the outstanding account balance.
If the balance remains outstanding after applying the deposit credit,
service will be disconnected and discontinued from the property and
shall not be again supplied to the person liable for the payment until
the arrears, with interest and penalties, have been fully paid. A
new connection charge must be paid in accordance with the schedule
set out in this chapter.
B.
Payment arrangements may be made with the City through the City Manager
or his designee. All agreements must be in writing. The City Manager
or his designee may make reasonable accommodations to accept payment
over a period of time, but may not make any accommodations or waive
any fees set forth in by this chapter.
C.
Failure to comply with a payment plan shall result in the immediate
disconnection of services. Only one payment plan per twelve-month
period shall be allowed.
A.
Permit required. Should the applicant for utility service require
the cutting of pavement to gain access or install such utilities,
a permit for cutting such pavement shall be required.
B.
Submittals. Applicants for utility connections requiring pavement
cuts shall submit to the Planning and Zoning Department two sets of
plans for review and approval prior to commencing any work associated
with the utility connection.
C.
Fee. A fee of $100 shall be imposed against the applicant for each
pavement cut approved. Additionally, a fee not to exceed the current
market value of the cost to replace the removed asphalt shall be charged
should municipal crews be required or requested to replace or repair
the pavement cut patch.
D.
Approval of pavement patch. The pavement patch shall not be considered
approved until reviewed and accepted by the Streets Foreman, Planning
and Zoning staff or their designee. Any patch not accepted shall be
required to be replaced; failure to replace the patch within 30 days
shall constitute approval for municipal crews to replace or repair
the patch and charge the prevailing market-rate fee.
E.
Restrictions on cutting new pavement. Prior to the paving of any
public streets or alleyways, the City shall advise the owners of all
lands adjoining such streets to be paved of the time that paving is
to begin and give them notice that if they intend at any time in the
future to hook up to the City water or wastewater lines system, they
must at this time arrange for the wastewater lines or water line to
be extended to their property line, prior to the paving of the area.
F.
City Council approval. If the property owner desires to hook up to water or wastewater lines within five years of the paving of the street or alleyway, and it is necessary to cut the pavement in order to hook them up, the property owner shall be required to present such request to the City Council for approval. No permits shall be approved for pavement cuts on these streets without this approval. There shall be a special assessment of $500 against the property owner for each cut in such pavement, and such assessment shall be beyond the assessment listed in § 300-73C above. All such cuts shall be subject to the inspection and acceptance standards as set forth in § 300-73C above.
All of the rates and charges imposed by this Part 2, if not promptly paid, shall become a lien on the lot or parcel of land served by the water or wastewater lines system, as provided in NMSA 1978 § 3-23-1 and 3-36-5 and all laws thereunto enabling. Within 60 days after January 1 of each year, the City Clerk shall prepare a list of all property owners subject to the charges imposed under this Part 2 who are delinquent in the payments of such charges, either in whole or in part, and from this list prepare a notice of lien against each of the properties shown to be delinquent, which notice of lien shall immediately be filed for record in the office of the clerk of the county in which the property is located.
Within 60 days from the date of the filing for record of the notice of lien provided for in § 300-74, the City Clerk shall mail to each delinquent property owner a notice of delinquency, notifying such owner that a claim of lien upon the property affected has been filed, of the amount required to secure the release thereof and that unless payment is received prior to a certain date to be so specified in the notice, the lien will be foreclosed.
The charges imposed under this Part 2, together with all penalties,
interest and other charges prescribed, shall become and be a personal
liability of the owner of the property served. In addition to collection
through foreclosure of the lien, as provided in this Part 2, collection
of the lien may be enforced on such personal liability by resorting
to any other legal procedure available for the enforcement of personal
liabilities.
Nothing contained in this Part 2 shall be so construed as to
prevent the revision, modification, increase or decrease by the City
Council by ordinance, from time to time, of the charges fixed, prescribed,
established and levied in this Part 2, subject to any limitation in
any covenant of the City for the protection of any holder of any bond,
security or other obligation payable from any revenues of all or any
part of the water or wastewater lines systems.
The City Manager, Finance Department Director and Code Enforcement
Officer of the City are hereby authorized and directed to take all
action necessary or appropriate to collect the charges prescribed
in this Part 2 and otherwise to effectuate the provisions of this
Part 2.
A.
Penalties; continuing violations. Every person convicted of a violation of this chapter shall be punished as provided in § 1-10 of the Española Municipal Code. The conviction and punishment of any person for a violation shall not excuse or exempt such person from the payment of any fee due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution of any violation of the provisions of this chapter.
B.
Remedies cumulative; liens. All remedies prescribed or liens created under this chapter or under the provisions of the law for collection and enforcement of the fees shall be cumulative, and the use of one or more remedies by the City shall not bar the use of any other remedy for enforcing the provisions of this Part 2 created by the law. The fees authorized by this Part 2 shall be a lien in favor of the City upon the real property served and the personal property of the person used in connection with the wastewater lines use which gave rise to the fee, and such lien shall be imposed, collected, enforced, and paid category of acre foot/year, Base cost per acre foot as provided by the law. No property of any persons shall be exempt from levy and sale on execution issued for the collection of a judgment for any fee imposed by this chapter.
