A. Service Rates And Connection Fees:
1. For purposes of this title, "delinquency related fees" shall include, but not be limited to, any and all utility service late fees, notice processing fees, reconnection fees, and/or collection fees and costs assessed against a user of utility services for late payment and nonpayment of utility charges.
2. Irrigation water rates, availability and standby fees, delinquency related fees, connection fees, reservoir fees, inspection fees, and other charges incidental to connection to and service from the city's irrigation water system shall be fixed from time to time by resolution of the city council. The city council may, from time to time, promulgate rules for levying, billing, guaranteeing and collecting charges for irrigation water service, and may establish other rules necessary for the management and control of the irrigation water system.
3. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established, except that contract holders shall be entitled to the class 1 rate structure provided for in the city's agreement to acquire the irrigation system from the former LaVerkin Bench Canal Company. All utility customers of the city that have irrigation water available to their property, and who are not contract holders, shall be subject to lease user irrigation fees regardless of their connection or use of the system.
B. Complaints; Corrections:
1. City Manager: Any person or business having a complaint regarding the assessment and/or collection of an irrigation water charge, or any deficiency related fee associated therewith, may submit a written request for relief to the city manager, who shall review the request within ten (10) business days and grant such relief as he deems necessary and proper, and in accordance with applicable state and local law.
2. City Council:
a. Any person or business aggrieved by a decision of the city manager under subsection B1 of this section may make application to appear before the city council to request relief.
b. The city council is hereby constituted a board of equalization of irrigation water rates to hear appeals from the decisions of the city manager and to correct any assessments deemed by the city council to be illegal, unequal or unjust.
c. In addition to any other relief provided by state law or local ordinance, the city council may, if and to the extent that it deems necessary and proper under the circumstances, rebate all or any part of the irrigation water bill of any indigent person.
C. Disposition Of Funds: All fees and charges collected under the provisions of this chapter shall be deposited in the city irrigation system fund and used to meet the operation and maintenance cost of the irrigation system, debt service on obligations appertaining to the acquisition and construction of such system, and the payment of actual construction cost associated with the completion of the system.
D. Irrigation Water Availability And Standby Fees:
1. Water Availability Fee:
a. An irrigation water availability fee shall be assessed on all residentially and agriculturally zoned property for which city approval of plans (to develop a lot, plat or unit within any new development) is obtained, where such property is readily connectable to the city's irrigation system.
b. The irrigation water availability fee shall be imposed for and during the period between the time of such approval and the time a building permit is issued or a connection is made to the city's irrigation water system, whichever occurs first.
2. Standby Fee: An irrigation water standby fee shall be assessed on all other residentially and agriculturally zoned property which has been developed or for which a building permit has been issued, which is readily connectable to the city's irrigation delivery system but is not currently connected thereto and receiving irrigation water service (including, but not limited to, properties which have no physical connection to the city's irrigation system and properties for which physical connection has been made but service has been or is voluntarily or involuntarily terminated).
3. Amount And Frequency Of Fee Assessment: The amounts of the irrigation water availability and standby fees shall be established by resolution, from time to time, and shall only be assessable and billed for those months that users of the city's irrigation system are billed for their use of said system.
4. Delinquency And Collection Fees: The fee shall be subject to the delinquency and collection related fees (including a late fee) described in section 8-1-4 of this title and set by resolution of the city council. (Ord. 2008-15, 9-17-2008)