§ 19-30. Rates.

(a)

User fees. Charges to users of city water and/or sewer services for such service shall be in such amounts as are set pursuant to this article by schedule duly adopted by the city commission at any regular or special meeting of the commission after due notice thereof by the unusual agenda notice. Such schedule may be adopted and amended by the city commission upon motion duly made, after notice as above, and shall be signed by the mayor and attested by the city clerk. Copies thereof shall be on file in the office of the city clerk, available for inspection by the public during usual business hours.

(1)

Base rates shall become applicable as follows:

a.

Single-family residential: Base rate is assessed for both water and wastewater once water meter is set.

b.

Multi-family developments: Base rate is assessed for water once meter is set and wastewater once lift station is cleared and permitted to operate. (If tie in is made to existing cleared and permitted lift station, base rate is assessed once meter is set.)

c.

Commercial developments: Base rate is assessed for water once meter is set and wastewater once lift station is cleared and permitted to operate. (If tie in is made to existing cleared and permitted lift station, base rate is assessed once meter is set.)

(2)

Charges for metered consumption shall be as follows:

a.

Water user fees based upon metered consumption shall be applicable from the time of connection to the water meter.

b.

Wastewater user fees shall be based upon water consumption from the time the certificate of occupancy is issued. No wastewater user fees shall be charged before the certificate of occupancy is issued.

(b)

Connection fees. Connection fees shall be those fees which represent charges for the proportionate share of the capital costs of the water and wastewater utility system capacity allocated to a new customer connection. Connection fees shall be levied upon any first time connection to water and sewer service and upon any increase in utility system capacity allocation required because of the customer's use. The fees levied on any first time connection to any new water or sewer service shall be based on the calculated number of equivalent residential connections determined.

(1)

For purposes of determining connection fees, it shall be assumed that an equivalent residential connection (ERC) for water shall be 300 gallons per day and for wastewater shall be 250 gallons per day. The assumed ERC gallonage has been based on a recommendation of the connection fee study performed for the city in 1987 establishing an average residential use, which is presumed to include use for normal irrigation purposes, and it is recognized that the uses for some types of residential units may be greater or smaller than the average assumed for this calculation. The calculations based on flows for commercial, industrial and public facilities shall be converted to ERC's and the connection fee determined accordingly.

(2)

Nonresidential, commercial and industrial customers shall pay a connection fee which shall be based upon the factors set forth in section 19-343 of this Code. Such connection fee shall not be less than the amount charged for a single-family residential unit for each commercial or industrial use, unit or establishment. Periodic review of non-residential customers for additional impacts will be made to compensate for type of business changes or expansions of same. Matters of interpretation and definition shall be determined by the city manager or his designee.

(3)

Any changes in the use of property which result in more intensive usage of water or sewer for non-residential or commercial users subsequent to the payment of an initial connection fee shall be subject to an additional connection fee computed in accordance with the then existing criteria. If a building permit is issued for an existing non-residential, commercial or industrial connection which will increase water or sewer demand, or if a building changes from residential to non-residential occupancy, the connection fee for the old and new parts of the facility shall be computed as set forth in this section. The new connection fee shall be determined, and any additional connection fees due shall be paid, prior to the commencement of such usage.

(4)

The city reserves the right to assess additional connection fees at the existing rates at the time of assessment in the event the city determines that the customer failed to provide the city with sufficient accurate or truthful information concerning the use of the property.

(5)

It shall be the customer's responsibility to provide the city with the customer's estimate as to expected consumption and the basis of the estimate. The payment of the fee shall reserve capacity for the customer in the amount of ERCs purchased. The city reserves the right to require payment of additional fees if additional ERCs are actually used by the customer. If additional ERCs are actually being used, the city shall assess additional connection fees at rates in existence at the time of the assessment of the additional connection fees. The city shall review the customer's actual use after twelve months of actual use to determine if anticipated use equals average actual use. If actual use exceeds anticipated use, the city shall provide the customer with notice of the additional fees which must be paid. These additional fees shall be based only upon the number of additional ERCs actually used and the customer shall not be required to pay for any ERCs already paid for in the original connection fees. The city thereafter reserves the right to determine annually if additional capacity is being used by the customer. If the customer's average consumption exceeds the ERCs that have been reserved by payment of connection fees, the city shall have the right to require payment of additional connection fees.

(6)

Any additional connection fee assessed by the city shall be paid within 30 days of notice from the city of the additional fees or by other agreement with the city. If it is not paid, the city may discontinue service as indicated in this article. Any amounts not paid within 30 days shall accrue interest at ten percent per annum. The city shall be entitled to all costs associated with collection including attorney's fees and court costs.

(7)

Residential customers in areas where reclaimed water is not available for irrigation purposes may request a separate five-eighths inch irrigation meter for use solely for normal irrigation purposes on single family residential lots for which connection fees have been paid. No additional connection fee shall be charged for the irrigation meter. Oversized lots or residences, as defined herein shall not be entitled to a separate irrigation meter without payment of a separate connection fee.

The amounts paid in under this provision shall be set aside and earmarked for repairs and capital expansion of the system for which the fee has been charged.

(c)

Meter fees. The meter size used by a customer shall be appropriate for the volume of flow expected by the customer. If actual flow exceeds that volume initially anticipated, the city may require the customer to install a larger meter size and the customer shall be responsible for the payment of any costs associated with installation of the larger meter.

(Ord. No. 212, § 5, 2-26-90; Ord. No. 303, § 1, 8-11-97; Ord. No. O2010-06, § 1, 3-22-2010; Ord. No. O2012-04, § 1, 1-23-12)