§ 25-34. Utility user charges.

(a)

For purposes of this article, water and sewer user charges shall be defined as those charges levied for connection to or use of the water or sewer system of the city for either immediate or future use, as determined by the director. User charges shall be the charges levied on all users, including but not limited to persons that either consume city water and discharge, cause or permit the discharge of sewage into the public sewerage facilities, or both.

(1)

Demand/commodity rate-setting methodology. Water and sewer rates shall consist of two (2) components:

a.

A minimum or demand charge; and

b.

A commodity or volume charge for actual usage.

(2)

The director will review not less often than every two (2) years the water usage and sewage contributions of users, the total costs of operation and maintenance, including replacement, of the water and sewerage facilities, and the user charge system and rate-setting methodology. The director will make any recommendations for rate adjustments to the city council. The council will determine the necessity of any rate changes and will set rates to accomplish the following:

a.

To maintain the proportionate distribution of operation and maintenance costs among all users as provided in this section.

b.

To generate sufficient revenue to pay at least the total operation and maintenance costs necessary to the proper operation and maintenance, including replacement, of the water and sewerage facilities.

(b)

For the purposes of this article, county landfill charges are defined as those charges levied for the disposal of refuse in the county landfill which is collected by the city. Recycling charges are defined as those charges levied for the costs providing a recycling program within the city. County landfill and recycling charges will be established by the city council and amended as needed. These rates will be available in the utility billing office and are applicable to all residential, commercial, industrial and institutional users where these services are provided.

(c)

User charges, surcharges, water charges, sewer charges, landfill charges, recycling charges, Fibrant charges, and any other necessary charges will be billed according to the following schedule:

(1)

All customers will be billed on a monthly basis according to the following schedule:

a.

The city will bill each account monthly.

b.

Payment for the bill is past due ten (10) days after the date of the bill for all customers.

c.

If payment is not received within twenty-four (24) days of the bill date, the bill becomes delinquent and a delinquent fee of 1.5 percent is added with no maximum amount.

d.

After twenty-four (24) days have expired from the bill date, utility service will be severed to all unpaid commercial and residential accounts. In the case of a municipality, the city may seek injunctive relief for nonpayment.

e.

Service to the customer will be reconnected only after the city has received payment for the delinquent bill, all nonpayment fees, and a reconnection fee. If service is restored after normal working hours, there will be an additional fee added to the total amount due. The fees shall be as approved in schedule B.

f.

Any applicable surcharges as contained in schedule F referred to in section 25-188 will be billed separately from regular monthly charges. Surcharges will be billed on a monthly basis.

(2)

Bills will be sent through the United States mail notifying all users of the amount and date due. Failure to receive a bill is not an excuse for nonpayment of bills.

(3)

In case a user discharging water into the city's sanitary sewer system does not procure his water supply from the city and becomes delinquent in his payment of the charges provided for in this section, his connection with the city sewer system will be severed. Service to the customer shall be reconnected only after the city has received payment for the delinquent bill and for any costs which the city may incur for the reconnection of sewer service to the customer. Procedure for payment of the bill is the same as in subsection (c)(1) of this section.

(4)

The city's charge for returned checks shall be as approved by the city council in schedule B from time to time.

(5)

Payments made to the city and utility deposits will be applied to utility accounts in the following order: delinquent federal and state fees and taxes, delinquent fees, stormwater prior fees, recycling prior fees, landfill prior fees, Fibrant prior fees, sewer prior fees, water prior fees, federal and state fees and taxes, stormwater fees, recycling current fees, landfill current fees, Fibrant current fees, sewer current fees, and water current fees.

(6)

A credit as approved in schedule B will be provided monthly to customers who participate in direct debit. Direct debit allows utility customers the option of having their utility accounts drafted by the city monthly for their payment.

(Ord. No. 1995-25, § 3, 5-16-95; Ord. No. 1997-80, § 1, 12-2-97; Ord. No. 1999-29, 5-18-99; Ord. No. 2003-41, § 8, 6-12-03; Ord. No. 2004-46, § 8, 6-16-04; Ord. No. 2010-40, §§ 3(c)—(d), 9-21-10; Ord. No. 2012-25, § 6, 6-19-12)

Cross reference

General charge for dishonored checks, § 2-2.