§ 50.105 RATES, FEES, AND CHARGES.
   (A)   Monthly user fees.
      (1)   There is herewith established a monthly user fee in addition to other sewer charges to be charged for single-family residences, multiple-family units, and commercial and industrial facilities connected or to be connected to the town's public wastewater system. The Town Council may from time to time by resolution establish the monthly user fee in such amounts as it deems appropriate and necessary for each class of connected residences, facilities, or units. The monthly user fee is due and payable under the terms and conditions stated in § 50.107.
      (2)   Unless otherwise stated, service provided outside the town limits will be charged a rate of two times the rate for customers inside the corporate limits of the town.
      (3)   The town shall have the authority to set and establish any and all fees necessary to implement this chapter by resolution of the Town Council with any such fees to be charged against the property owner of the affected property and any such fee shall be payable and due under the terms and conditions of § 50.107.
(`87 Code, § 17-2-2) (Ord. 94-06, passed 3-7-94)
   (B)   Other fees. In addition to the collection of regular rates, the town may collect from its customers a proportionate share of any privilege, sales or use tax, or other imposition made by any government agency based on the gross revenues received by the town.
(`87 Code, § 17-2-5(G)) (Ord. 94-06, passed 3-7-94)
   (C)   Sewer tap fees.
      (1)   There is herewith established a sewer tap fee in addition to other sewer charges to be charged for single-family residences, multiple-family units, and commercial and industrial facilities connected or to be connected to the town's public wastewater system. The Town Council may from time to time establish by resolution the tap fee in such amounts as it deems appropriate and necessary for each class of connected users. The tap fee is due and payable at such time as a building permit is issued for a residence, unit, or facility to be connected to the public wastewater system, except as to spaces in a mobile home or travel trailer park where the fee shall become due and payable at the time the building permit is obtained for the construction of mobile home or travel trailer spaces.
         (a)   The town shall credit a tap fee for any amount paid as a sewer development fee to the Cave Creek Sewer Company for undeveloped residential property prior to July 23, 1993, provided the property owner provides the Town Manager with proof that the sewer development fee has been paid to the Cave Creek Sewer Company and that the payment was made prior to July 23, 1993. Sufficient proof of payment may be made by showing that the property owner's sewer development fees has been paid as part of an aggregate payment of sewer development fees to the Cave Creek Sewer Company. The Town Manager shall determine the portion of the aggregate payment which should be allocated to the property owner as a tap fee credit.
         (b)   A property owner shall not be entitled to a tap fee credit pursuant to this section unless the Town Manager has received the property owner's claim for a tap fee credit, in writing, prior to January 1, 1998.
      (2)   The purpose of this fee is to provide funding for inspections and administration for any “tap” to the wastewater system. The property owner or user wanting to tap shall be responsible for the contracting and construction of the physical connection to the wastewater system of the town in accordance with the requirements of the town. In addition, any property owner or user who taps into the town's wastewater system shall be responsible for any damage to any utility providing service within the town including any interruption of service and shall also be responsible for the repair of any damage or interruption to any utility providing service within the town subject to the requirements of the town.
(`87 Code, § 17-2-6) (Ord. 94-06, passed 3-7-94)
   (D)   System development fee.
      (1)   There is herewith established a wastewater system development fee, hereafter “fee,” in addition to other wastewater charges to be charged for single-family residences, multiple-family units, and commercial and industrial facilities connected or to be connected to the town's public wastewater system. The Town Council may from time to time, by resolution, establish the fee, in such amount as it deems appropriate and necessary, for each class of connected residences, facilities, or units.
      (2)   The fee shall be used to offset costs to the town associated with providing for the replacement, expansion, or oversizing of the town's public wastewater treatment and collection system for the purpose of providing necessary services to the residences, units, and facilities against which the fee is charged. Such replacement, expansion, or oversizing to the town's wastewater system shall include but not be limited to acquisition and construction of wastewater treatment plants, trunk lines to transport wastewater, lift stations, debt service, and other expenses or improvements related to the public wastewater system. The fee shall also include the costs associated with the capacity of the system which has been reduced as the result of the new service.
      (3)   The wastewater system development fee is due and payable prior to the approval of any division of property requiring immediate sewer service or prior to issuance of the certificate of occupancy for any building permit where the property has previously been divided and the building will necessitate immediate connection to the town's wastewater system.
(`87 Code, § 18-1-1) (Ord. 94-07, passed 3-7-94; Am. Ord. 96-25, passed 1-21-97)
Statutory reference:
   Procedure to establish and increase rates, see A.R.S. § 9-511.01