The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
REVENUES or NET REVENUES
Shall be understood to have the meanings as defined in Section 3, Act No. 94 of the Public Acts of Michigan of 1933[1] (MCL 141.101 et seq.).
THE SYSTEM
All facilities of the City and all subsequent additions, including all sewers, pumps, lift stations, and all other facilities used or useful in the collection, treatment and disposal of domestic, commercial or industrial wastes, including all appurtenances thereto and including all extensions and improvements thereto which may be acquired.
[1]
Editor's Note: See MCL 141.103.
The operation, maintenance, alteration, repair and management of the system shall be under the supervision and control of the City. The City may employ such persons in such capacities as it deems advisable to carry on the efficient management and operations of the system and may make such rules, orders and regulations as it deems advisable and necessary to ensure the efficient management and operation of the system.[1]
[1]
Editor's Note: Original Sec. 62-163, Fiscal year, of the 1992 Code of Ordinances, which previously followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
All premises connecting to the system shall pay a connection fee in an amount to be established and adjusted from time to time by City Commission resolution. The connection fee shall be payable in full in cash at the time application is made for a permit to connect to the system, which permit must be obtained before any required building permit can be obtained. The City shall be the owner of the sewer stub line from the sewer line to the property line. The connection fee shall either be a direct connection fee or an indirect connection fee.
A. 
A direct connection fee shall be charged for a tap to any sewer main, service lead or manhole which is part of the system.
B. 
An indirect connection fee shall be charged for a tap to any sewer main, service lead or manhole which is not part of the system, such as an onsite main connected by a customer for the customer's own development.
The City Commission may, by resolution, establish and adjust from time to time an inspection charge for all premises connecting to the system.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
A commodity charge for sewer service supplied to each premises connected to the system and a readiness-to-serve charge shall be established and adjusted from time to time by City Commission resolution. The commodity charge shall be based on the actual volume of use and the assigned waste load of each particular customer or class of customer. No free service shall be furnished by the system to the City or to any person, firm or corporation, public or private, or to any public agency or instrumentality. The City shall pay for sewer service supplied to it or any of its departments or agencies at the rates established pursuant to this section.
B. 
The quarterly sewer user charges shall consist of a user ready-to-serve charge and a user debt retirement charge.
C. 
The quarterly user charge, so payable by each premises, shall be a readiness-to-serve charge plus a per 1,000 gallon treatment charge and shall consist of a basic charge for operation, maintenance, replacement and depreciation of the sewage works. The readiness-to-serve charge is based on peak demands of mains and is prescribed by resolution of the City Commission from time to time. For miscellaneous services or where a premises received sewer service but not water service for which a special rate shall be established, such rates shall be fixed by the City Commission by resolution under the same regulations as for the passing of ordinances.
D. 
The charges for services which are under the provisions of Section 21, Act No. 94 of the Public Acts of Michigan of 1933 (MCL 141.101 et seq.), as amended, made a lien on all premises served thereby, and are hereby recognized to constitute such lien; and whenever any such charge against any piece of property shall be delinquent for six months, the City official in charge of the collection thereof shall certify annually, on August 1 of each year, to the tax assessing officer of the City, the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as general City taxes against such premises are collected and the lien thereof enforced; provided, however, where notice is given that a tenant is responsible for such charges and service as provided by such Section 21,[1] no further service shall be rendered such premises until a cash deposit shall have been made as security for payment of such charges and service.
[1]
Editor's Note: See MCL 141.121.
E. 
The City shall have the right to adjust the user charge based on an annual audit review of the sewage works operation and maintenance costs. Such an audit review shall be conducted annually by the City.
F. 
Each industrial user shall pay their share of the operation, maintenance, replacement and depreciation costs for treatment of the industrial sewage, plus an amount that may be paid by industrial users for the recovery of the portion of federal grants allocated to the treatment of industrial sewage as defined in § 390-51 et seq.
G. 
Each industrial sewer customer that discharges to the system process wastewater which does not exceed the limits of normal strength sewage shall be charged and shall make quarterly payments to the City in amounts based on the actual volume and strength of the flow from such premises.
H. 
Each industrial user that proposes to discharge to the system process wastewater which exceeds the limits of normal strength sewage will be required to either:
(1) 
Provide satisfactory pretreatment to reduce the strength of the wastewater to normal strength sewage; or
(2) 
Pay a surcharge determined by the relative concentration of BOD suspended solids, or other pollutant as compared to normal strength sewage.
I. 
Prior to discharging to the system process wastewater which exceeds the limits of normal strength sewage, a permit must be obtained from the City.
A. 
Each industrial user, as defined in this article and in Article V of Part 2 of this chapter, that discharges to the system will be subject to an industrial cost recovery charge equal to each industrial user's allocable share of the federal construction grant received after March 1, 1973, based on pollutant loading, volume and delivery flow rate.
B. 
An industrial user, for the purpose of the industrial cost recovery system, shall be as defined in Article V of Part 2 of this chapter.
C. 
A nonindustrial user is any user of the system that is not an industrial user. Nonindustrial users are not subject to the industrial cost recovery system.
D. 
The industrial cost recovery period is the time period that is provided to allow industrial users to pay their total industrial cost recovery charge. The period of time shall be equal to 30 years or the useful life of the system, whichever is less, as determined by the City.
E. 
The industrial cost recovery charge for each industrial user shall be a portion of the federal construction grant amount equal in proportion to the industrial share of the total capacity of the system in terms of strength volume and delivery flow rate.
(1) 
Specifically, the industrial share of the total capacity shall be determined by one of the three following relationships, whichever produces the largest value:
(a) 
Industrial volume contribution per unit. Plant design volume per unit of time.
(b) 
Industrial BOD contribution per unit of time. Plant suspended solids design capacity per unit of time.
(c) 
Industrial suspended solids contribution per unit of time. Plant suspended solids design capacity per unit of time.
(2) 
Industrial cost recovery charges shall be calculated and paid annually in an amount equal to the total industrial cost recovery charge for any industrial user divided by the number of years in the cost recovery period.
F. 
Costs recovered from industrial users shall be deposited by the City in a separate account identified as the "industrial cost recovery account." Funds shall be distributed from the industrial cost recovery account with U.S. Environmental Protection Agency rules and in the following manner:
(1) 
The City shall retain 50% of the recovered amount. The remainder, together with any interest earned thereon, shall be returned to the U.S. Treasury on an annual basis.
(2) 
Eighty percent of the retained amount, together with interest earned thereon, shall be used solely for the eligible costs of expansion or reconstruction of the treatment works. The remainder of the retained amount may be used as the City sees fit.
(3) 
Pending use, the City shall invest the retained amounts for expansion and reconstruction in:
(a) 
Obligations of the U.S. government;
(b) 
Obligations guaranteed as to principal and interest by the U.S. government or any agency thereof; or
(c) 
Shall deposit such amounts in accounts fully collateralized by obligations of the U.S. government or any agency thereof.
G. 
The City shall have the right to adjust the industrial cost recovery charges to any industrial user that makes a significant change in the volume strength or delivery flow rate. Industrial users will only be required to pay for those years of the cost recovery period that they use the system and only at an annual rate in proportion to the length of the entire recovery period.
All out-of-City customers or potential customers shall attempt to annex to the City as a condition of obtaining sewer service from the City, unless the City Commission adopts a resolution waiving such condition. Any such out-of-City customer or potential customer who is unable to annex to the City or who is not required to attempt to annex to the City shall, if serviced by the system, pay connection fees which would be charged the customer or potential customer if the customer were in the City.
A. 
All premises connected directly or indirectly to the sanitary sewers of the City, and being located on land included within the boundaries of a sanitary sewer special assessment district, shall be charged an assessment fee in accordance with the provisions of such special assessment district. In addition, where no lateral stub exists, the actual cost of the installation of such stub, along with the service lateral, will be borne entirely by the property owner.
B. 
Where a sewer already exists, each person desiring to tap single-family residential premises into the system shall pay in cash at the time of application for a tap permit a charge for the privilege of using the facilities and receiving the service of the system in an amount to be determined by the City Commission.[1]
[1]
Editor's Note: Original Sec. 62-170, Billing and enforcement, of the 1992 Code of Ordinances, which previously followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).