A. General Metered Service:
1. Monthly Minimum Charge: The monthly minimum charges for within and outside village limits will be established by resolution.
2. Monthly Quantity Charge: The monthly quantity charge for within and outside village limits will be established by resolution.
B. Meter Installation Charges:
1. Each customer requesting installation of metered service at his premises shall pay a charge in connection with installation of the water meter to be determined by resolution.
2. The installation charges for all meters are based on the existence of a service line at the customer's property line. In the case where the property owner and/or his designee has destroyed the service line locator wire, or in cases where the service line has not been extended to the property line, the customer will pay for the additional cost to extend a new service line from the main water line to the property line. This additional cost will include the cost of materials, labor, equipment, road restoration and any other related costs.
3. Because of the difficulties associated with installing water meters during winter conditions, water meters will be installed, weather permitting. Wet taps relative to adverse winter conditions will not be done after November 1. However, applications will be accepted but not processed until April 15. Upon acceptance the installation will be scheduled as per the application date.
C. Fire Suppression Systems: The customer shall pay for the meter installation as described under subsection B of this section. No monthly fees will be charged for fire suppression systems unless water usage occurs.
D. Disconnect And Reconnect Charges:
1. Disconnect Charge:
a. If a customer makes application to the village to disconnect or discontinue water service, or the customer has failed to comply with the provisions pertaining to payment of bills and the due dates, the village is authorized to charge a fifty dollar ($50.00) service charge to disconnect water service at the meter, if such disconnect occurs Monday through Friday, eight o'clock (8:00) A.M. to five o'clock (5:00) P.M.
b. In the event service is not disconnected at the meter, the fifty dollar ($50.00) fee shall be refundable to the customer making application to disconnect service.
2. Reconnect Charge:
a. If a customer makes application to the village to restore water service previously disconnected at the same premises, the village is authorized to charge a fifty dollar ($50.00) service fee to reconnect water service at the meter, if such reconnection occurs Monday through Friday, eight o'clock (8:00) A.M. to five o'clock (5:00) P.M.
b. In the event service is not reconnected at the meter, the fifty dollar ($50.00) fee shall be refunded to the customer making application to reconnect service.
c. In the case of customer requested connections, no reconnections will be performed without the homeowner or his designee being present.
3. Shutoff Of Water; Discontinuance Of Service For Nonpayment Of Charges:
a. The village may cause water service to be disconnected and may discontinue service to the service unit if any charge provided herein remains unpaid thirty (30) days after the date of mailing the monthly bill. In no case shall service to a customer who has not paid charges and penalties due be continued beyond sixty (60) days after the date on which the original unpaid bill was mailed unless such continuance is approved in writing by the village. When shut off, water shall not be turned on again except upon the full payment of the following arrearages, fees, penalties, interest and deposits:
(1) All water and/or sewer charges then due and owing, including all applicable taxes, interest and late fees.
(2) All penalties, diversion, repair, or damage charges.
(3) A disconnection fee of fifty dollars ($50.00).
(4) A reconnection fee of fifty dollars ($50.00).
b. Customer requests for disconnect or reconnection of service shall be performed Monday through Friday, eight o'clock (8:00) A.M. to five o'clock (5:00) P.M., for a fee of fifty dollars ($50.00) per occurrence. Requests for disconnect or reconnection of service made outside of those times, will be assessed a fee of seventy five dollars ($75.00). No reconnects or disconnects will be performed on national holidays or between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., without the approval of the administrator or his designee.
4. Unauthorized Reconnection Of Service:
a. In the event that any owner shall succeed in connecting service after said service was disconnected for nonpayment, upon discovery of such event, a charge shall be rendered to the owner based upon a fair estimation of the water used and an additional charge of one hundred dollars ($100.00). Failure of such owner to pay such charges shall result in termination of service.
b. The village shall have the right to take such steps as are necessary to prevent the connection of service, including going upon the premises, where such connection is occurring and taking whatever steps are necessary to terminate such connection.
c. The provisions of this subsection are intended to afford an additional method of enforcing payment of charges for water service furnished by the village permitted by law including New Mexico Statutes Annotated section 3-23-6 (lien against property served). (Ord. 2011-02, 1-11-2011)
E. Water Availability Fee:
1. Monthly Fee; Exemption: Each person or entity having water service to his lot, tract, or parcel shall pay a monthly water availability fee established by resolution. If a person or entity has more than one lot, tract or parcel, the person or entity shall pay the water availability fee for each lot, tract, or parcel. No charge shall be made on any lot, tract, or parcel where there is general metered service being billed at the lot, tract, or parcel. (Ord. 2013-07, 8-13-2013)
2. Rendition Of Bill: The bill for the water availability fee shall be billed quarterly or semiannually in arrears. (Ord. 2011-02, 1-11-2011)
3. Annual Rate Adjustment: Effective each year on July 1, water rates will be adjusted the amount indicated by the CPI report, water and sewerage maintenance, for the end of the previous calendar year. (Ord. 2013-07, 8-13-2013)
F. Returned Check Fee: All returned checks will result in an additional service charge of forty dollars ($40.00) per returned check to be due immediately.
G. Surcharge:
1. Purpose; Surcharge Authorized: To provide money for the payment of debt service on the bonds and to pay the cost of collection and administration of the water surcharge, a water surcharge shall be established annually by the village administration in an amount sufficient to pay one hundred ten percent (110%) of the debt service coming due on the bonds in the succeeding fiscal year based on the water usage and collections in the village for the preceding fiscal year.
2. Amount Of Surcharge:
a. The precise amount of the water surcharge shall be established annually in July of each year by the village administration and shall be included on the August statements sent each year. The precise amount of the water surcharge will be established as an administrative function by the village administration and shall not require approval by the village council.
b. The precise amount of the water surcharge will vary from year to year so that sufficient amounts can be collected to pay all debt service on the bonds coming due in each fiscal year. (Ord. 2011-02, 1-11-2011)
c. The water surcharge shall be based on consumption for commercial, residential and multi-family users computed utilizing the monthly minimum water meter gallon allowance or actual consumption, whichever is higher. For water availability users, to include fire protection, the water surcharge shall be based on a presumed consumption of four thousand (4,000) gallons per month (the presumed consumption may be adjusted in the future by the village administration). (Ord. 2013-07, 8-13-2013)
3. Surcharges Billed: The water surcharge will be billed as a separate item on the regular water and sewer utility statements sent to users of the village water and sewer system.
4. Lien To Secure Payment: Payment of the water surcharge due shall be secured by a lien upon such premises to which the water service was provided or was made available. The village shall be authorized to file a lien against real property which has received water or had water service available and on which the water surcharge is delinquent. The lien is subject to foreclosure in order to satisfy the account, costs incurred and attorney fees.
5. Disposition Of Revenues: The proceeds derived from the water surcharge shall be used solely for the purpose of paying debt service on the bonds and to pay costs to the village of collecting and administering the water surcharge, such costs not to exceed five percent (5%) of the total collections of the water surcharge in the preceding fiscal year.
6. Excess Revenues: Any amounts in excess of the debt service and costs for the preceding fiscal year shall be taken into account by the village administration in establishing the precise amount of the water surcharge required to make the next two (2) succeeding payments on the bonds.
7. Application Of Other Provisions: All provisions of the village water rate ordinance, as it may be amended in the future, governing imposition, collection and enforcement of water system charges, are hereby incorporated in this section and shall be applicable to imposition, collection and enforcement of the water surcharge to the extent consistent with this section. (Ord. 2011-02, 1-11-2011)
H. Adjustment In Rates And Charges:
1. Annual Rate Adjustment: Effective each year on July 1, water rates will be adjusted the amount indicated on the CPI report for the end of the previous calendar year. The next CPI adjustment will become effective on July 1, 2003. (Ord. 2013-08, 10-1-2013)
2. Tax Adjustments: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under the gross receipts and compensating tax act 1
Notes
| 1 | 1. NMSA § 7-9-1 et seq.1 and of all other taxes, fees or charges (exclusive of ad valorem, state and federal income taxes) payable by the utility and levied or assessed by any governmental authority on the public utility service rendered, or on the right or privilege of rendering the service, or on any object or event incidental to the rendition of the service. (Ord. 2011-02, 1-11-2011) |