[Ord. No. 2020-1358, 10-19-2020]
It is hereby determined and declared to be necessary and conducive
to the protection of the public health, safety, welfare, and convenience
of the Town to collect charges from all users who use the Town'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.
[Ord. No. 2020-1358, 10-19-2020]
Unless the context specifically indicates otherwise. the meaning
of terms used in this Article shall be as follows:
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 Town's Water System whose lot, parcel of
real estate, or building is used for domestic dwelling purposes only.
SHALL; MAY
"Shall" is mandatory; "May" is permissive.
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 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.
WATER METER
A water volume measuring and recording device, furnished
and/or installed by the Town or furnished and/or installed by a user
and approved by the Town.
[Ord. No. 2020-1358, 10-19-2020]
A. The
user charge system established by this Article shall generate adequate
annual revenues to pay the costs of annual Operation and Maintenance
including Replacement and cost associated with the Town'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 Town 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 Town's revenue bonds have been issued conflicts with this
Article, the ordinance pursuant to which the Town'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 Town 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 Depreciation and Replacement Account (the "Replacement
Account").
C. All
of the total user charge imposed and collected pursuant to this Article
shall as and when received be paid and deposited into the Revenue
Fund unless otherwise specifically provided in this Article and/or
any ordinance pursuant to which the Town'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 Town and
shall not be commingled with any other moneys, revenues, funds and
accounts of the Town. The Revenue Fund shall be administered and applied
solely for the purposes and in the manner provided in this Article
and any ordinance pursuant to which the Town's revenue bonds have
been issued.
D. On
the first day of each month, beginning in the month following the
month in which this Article 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 $942,830.84 annually.
All amounts paid and credited to the Operation and Maintenance Account
shall be expended and used by the Town 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
(1) of this Subsection and subject to the provisions of any ordinance pursuant to which the Town'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 $19,856.77 each month ($238,281.20 annually). Moneys in the Replacement Account shall be expended and used by the Town, 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 Town'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 user
charge 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. 2020-1358, 10-19-2020]
A. Each
user shall pay for the services provided by the Town based on their
use of the water system as determined by water meter(s) acceptable
to the Town.
B. All
monthly user charges will be based on monthly water usage.
C. The
Town hereby imposes the following charges for services which will
be effective on the dates shown below:
Effective November 1, 2020:
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Minimum charge per month shall be $16.85.
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Volume Charge shall be $8.50 per 1,000 gallons of water.
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Effective March 1, 2021:
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Minimum charge per month shall be $20.85.
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Volume Charge shall be $8.50 per 1,000 gallons of water.
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Effective October 1, 2021:
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Minimum charge per month shall be $24.97.
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Volume Charge shall be $8.50 per 1,000 gallons of water.
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Effective January 1, 2022:
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Minimum charge per month shall be $24.97.
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Volume Charge shall be $9.18 per 1,000 gallons of water.
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D. The
user charge rates established in this Section apply to all users of
the Town's Water System, regardless of the user's location, except
that users located outside of the Town shall pay charges equal to
the in-Town user rates, until changed by the Board of Public Works.
[Ord. No. 2020-1358, 10-19-2020]
A. All
users shall be billed monthly. Billings for each month shall be made
within thirty (30) days after the end of that month. Payments are
due when billings are made. Any payment not received within thirty
(30) days after the billing is made shall be delinquent.
B. A late
payment penalty of ten percent (10%) of the user charge bill will
be added to each delinquent bill for each thirty (30) days of delinquency.
When any bill is thirty (30) days in default, water service to such
premises shall be discontinued until such bill is paid following due
notice and opportunity for hearing. Reconnection fees shall be paid
by the customer.
[Ord. No. 2020-1358, 10-19-2020]
A. The
Town 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 Town'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
Town will notify each user at least annually, in conjunction with
a regular bill, of the rate being charged pursuant to the user charge
system.