[Ord. No. 1128, 9-5-2019[1]]
It is hereby 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 use the City's Water System and to establish a user charge system as set forth herein. The proceeds of such charges so derived will be used for the purpose of operating, maintaining, and retiring the debt for such Water System.
[1]
Editor's Note: Former Ch. 717, Water User Charge System, containing Sections 717.010 through 717.060, was repealed 9-5-2019 by Ord. No. 1128.
[Ord. No. 1128, 9-5-2019]
Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
MAY
Is permissive.
OPERATION AND MAINTENANCE
All expenditures during the useful life of the Water System for materials, labor, utilities, and other items which are necessary for managing and maintaining the Water System to achieve the capacity and performance for which said Water System was designed and constructed. The term "operation and maintenance" includes replacement.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the Water System to maintain the capacity and performance for which such works were designed and constructed.
RESIDENTIAL USER
Any user of the City's Water System whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.
SHALL
Is mandatory.
USEFUL LIFE
The estimated period during which the treatment works will be operated.
USER CHARGE
That portion of the total water service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the Water System.
WATER METER
A water volume measuring and recording device, furnished and/or installed by the City or furnished and/or installed by a user and approved by the City.
WATER SYSTEM
Any devices and systems for the storage, treatment, recycling, transmission, and distribution of water. These include transmission and distribution lines, individual systems, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable water supply such as standby treatment units and any works, including site acquisition of land that will be part of the treatment process.
[Ord. No. 1128, 9-5-2019]
A. 
The user charge system established by this Chapter shall generate adequate annual revenues to pay the costs of annual operation and maintenance including replacement and cost associated with the City's revenue bonds issued to finance or refinance improvements to the Water System (including, but not limited to, the payment of principal, interest and redemption premium, if any, on said bonds) which the City may by ordinance designate to be paid by the user charge system. To the extent any term or provision set forth in the ordinance pursuant to which the City's revenue bonds have been issued conflicts with this Chapter, the ordinance pursuant to which the City's revenue bonds have been issued shall control.
B. 
There are hereby created or ratified and ordered to be established and maintained in the treasury of the City the following separate funds and accounts to be known respectively as the:
1. 
Water System Revenue Fund (the "Revenue Fund").
2. 
Water System Operation and Maintenance Account (the "Operation and Maintenance Account").
3. 
Water System Replacement Account (the "Replacement Account").
C. 
All of the total user charge imposed and collected pursuant to this Chapter shall as and when received be paid and deposited into the Revenue Fund unless otherwise specifically provided in this Chapter and/or any ordinance pursuant to which the City's revenue bonds have been issued. Said revenues shall be segregated and kept separate and apart from all other moneys, revenues, funds and accounts of the City and shall not be commingled with any other moneys, revenues, funds and accounts of the City. The Revenue Fund shall be administered and applied solely for the purposes and in the manner provided in this Chapter and any ordinance pursuant to which the City's revenue bonds have been issued.
D. 
On the first day of each month, beginning in the month following the month in which this Chapter goes into effect, administer and allocate the moneys then held in the Revenue Fund as follows:
1. 
Operation And Maintenance Account. There shall first be paid and credited to the operation and maintenance account an amount sufficient to pay the estimated cost of operation and maintenance during the ensuing month; provided, however, that deposits into the operation and maintenance account shall equal at least five hundred twenty-three thousand two hundred eighty-seven dollars and twelve cents ($523,287.12) annually. (This amount shall equal total annual expense, less debt service, less replacement costs set forth in Appendix A). All amounts paid and credited to the operation and maintenance account shall be expended and used by the City solely for the purpose of paying the operation and maintenance expenses of the Water System.
2. 
Replacement Account. After all payments and credits required at the time to be made under Subsection (D)(1) of this Section and subject to the provisions of any ordinance pursuant to which the City's revenue bonds have been issued relating to payments required to be made to debt service accounts, debt service reserve accounts or administrative fees for said bonds have been made, there shall next be paid and credited to the replacement account, the amount of ninety-eight thousand two hundred nine and thirty cents ($98,209.30) annually (eight thousand one hundred eighty-four dollars and eleven cents ($8,184.11) each month). (This amount shall equal replacement costs set forth in Appendix A). Moneys in the replacement account shall be expended and used by the City, if no other funds are available therefor, solely for the purpose of ensuring replacement needs over the useful life of the Water System as may be necessary to keep the Water System in good repair and working order and to assure the continued effective and efficient operation thereof.
3. 
All remaining funds on deposit in the revenue fund shall be administered and applied pursuant to the provisions of the ordinance under which the City's revenue bonds have been issued.
E. 
Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same accounts in each subsequent fiscal year, and shall be used for no other purposes 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 rates for operation and maintenance and replacement. The user charge rate(s) 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.
[Ord. No. 1128, 9-5-2019]
A. 
Each user shall pay for the services provided by the City based on their use of the Water System as determined by water meter(s) acceptable to the City.
B. 
All monthly user charges will be based on monthly water usage and be calculated as set forth in Appendix A of this Chapter (Appendix A is available at City Hall).
C. 
The City hereby imposes the following charges for services, as calculated in Appendix A:
1. 
The minimum charge per month shall be twenty-eight dollars and three cents ($28.03). In addition, each user shall pay a user unit charge of ninety-seven cents ($0.97) per one hundred (100) gallons of water as determined in the preceding Subsection.
D. 
The rates shall be increased by an additional fifty percent (50%) for all customers located outside the City limits. The user rates do not include collectible taxes.
[Ord. No. 1128, 9-5-2019]
A. 
The City shall review the user charge system annually and revise user charge rates as necessary to ensure that the Water System generates adequate revenues to pay the costs of annual operation and maintenance including replacement and cost associated with the City's revenue bonds issued to finance or refinance improvements to the Water System (including, but not limited to, the payment of principal, interest and redemption premium, if any, on said bonds) and that the Water System continues to provide for the proportional distribution of said 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 being charged pursuant to the user charge system.