Chapter 13.12
RATES, BILLING AND COLLECTION
Sections:
Article I. General
   13.12.010   Disposition of funds.
   13.12.020   Rate adjustments.
   13.12.030   Establishment defined.
   13.12.040   Deposits required.
Article II. Water Rates
   13.12.050   Residential water rates.
   13.12.060   Commercial water rates.
   13.12.065   Industrial water rates.
   13.12.068   Industrial water rates II.
   13.12.070   Connection charge—City main to city meter.
   13.12.071   Transfer charges.
   13.12.075   Rental property cleanup.
   13.12.080   Failure of meter—Charges—Appeal.
   13.12.085   Additional charges for testing meters, when found in proper condition.
   13.12.090   Charge for turning water on or off—after hours.
   13.12.095   Customer water leaks.
   13.12.100   Delinquent rents-Discontinuance of service.
   13.12.105   Payment extensions.
   13.12.110   Collection date—Late fee.
   13.12.111   Tampering with public utilities.
Article III. Sewer Rates
   13.12.120   Definitions.
   13.12.130   Applicability of article.
   13.12.140   Determination of use charges.
   13.12.150   Disposition of revenues.
   13.12.160   Use charge schedule.
   13.12.170   Maximum charge.
   13.12.180   Additional costs for discharge of pollutants.
   13.12.190   Surcharge schedule.
   13.12.200   User charge—Reviewed.
   13.12.210   Billing—Delinquency.
   13.12.220   Rate increases.
   13.12.230   All services to be charged for.
   13.12.240   Violation—Penalty.
Article IV. Garbage Rates
   13.12.250   Residential garbage rates (in city limits).
   13.12.260   Extraterritorial zone residential garbage rate.
   13.12.270   Commercial garbage rate.
Article V. Periods of Declared Disaster or Emergency
   13.12.280   Purpose.
   13.12.290   Implementation.
   13.12.300   No service disconnections.
   13.12.310   Payment extension.
   13.12.320   Repayment of balances incurred during declaration period.
   13.12.330   End of period of declared disaster or emergency.
Article I.
General
13.12.010   Disposition of funds.
   The sums received from the charges imposed by this chapter for water and sewer service shall be deposited into a fund known as the utilities fund, and is to be used solely for the purpose of water and sewer operating and maintenance purposes. The sums received from the charges imposed by this chapter for garbage service shall be deposited into a fund known as the solid waste fund.
(Ord. 553, 2017: prior code § 4-3-13)
13.12.020   Rate adjustments.
   Where, because of special conditions, the sewer, water, or garbage rate would be unfair, inequitable or not in conformity with the rates paid by other users for similar service, the city commission may, on petition of the owner or upon its own motion, by resolution adjust such rate by increasing, decreasing, setting the same within minimum or maximum limits or putting the same on a fixed rate.
(Ord. 553, 2017: prior code § 4-3-11)
13.12.030   Establishment defined.
   For the purpose of this chapter, all establishments shall be considered commercial establishments, except single-family dwelling units; provided, that any duplexes or apartments rented in whole or in part to tenants shall be considered residential establishments, if each unit is separately metered. (Prior code § 4-3-9)
13.12.040   Deposits required.
   A.   Each customer shall make a cash deposit to the city for the following listed amounts based upon their type of use. Type of use is defined as:
      Residential: a single-family residence
      Commercial: any user or consumer other than a single-family residence except for Industrial or Industrial II users
      Industrial: users that obtain service from the waterworks systems of the city for use in production or manufacturing services on the site of their place of business
      Industrial II: users that obtain service from the waterworks system of the city for use or sale of such water off site from their principal place of business or from city supply sites
   B.   Owners of a residential rental property may provide notice to the city that they do not wish to be responsible for any unpaid water/sewer/garbage bills incurred by the renter by providing the city a signed waiver that shall comply with NMSA 1978, Section 3-23-6 (1995 Repl. Pamp.). A waiver must be in place for each individual rental property. Owners who wish to void a waiver must do so by making the request in writing to the utilities office. In order to reinstate the waiver, a new waiver must be submitted to the utility office prior to service being restored.
   C.    Deposits.
      1.   Water service
 
Customer Type
Deposit Amount
Residential - Owner Occupied
$30.00
Residential - Rental, no waiver
$60.00
Residential - Rental, waiver
$100.00
Commercial - Owner Occupied
$40.00
Commercial - Rental
$200.00
 
   2.   Sewer Service
 
Customer Type
Deposit Amount
Residential - Owner Occupied
$20.00
Residential - Rental, no waiver
$20.00
Residential - Rental, waiver
$100.00
Commercial - Owner Occupied
$10.00
Commercial - Rental
$50.00
 
   3.   Garbage
 
Customer Type
Deposit Amount
Residential - Owner Occupied
$35.00
Residential - Rental, no waiver
$35.00
Residential - Rental, waiver
$40.00
Commercial - Owner Occupied
$35.00
Commercial - Rental
$40.00
 
   D.   In the event of discontinuance of the service, the deposit will be refunded to the customer after the deduction of any bill due to the city for water service, sewer service, garbage service and any other bill. Disconnects must be performed by the account holder in person.
   E.   New deposit fees become effective July 1, 2017 for new services, new accounts, or restored or reinstated accounts.
   F.   Rate reductions.
      1.   Residential customers over the age of sixty-five (65) are eligible for a ten percent (10%) reduction to their monthly utility bill.
         a.   Proof of age must be provided to the utility billing office. Proof of age will be determined by the customer providing a driver's license or ID card issued by a state with the United States, a U.S. Passport book or card, work visa, or original birth certificate.
         b.   Account holder must physically reside at the address being provided service.
         c.   Reduction is limited to one household per family.
      2.   Residential customers who are receiving SSD or SSI benefits are eligible for a ten percent (10%) reduction to their monthly utility bill.
         a.   Proof of benefits being received must be provided to the utility billing office every six months.
         b.   Account holder must physically reside at the address being provided service.
         c.   Reduction is limited to one household per family.
      3.   Customers shall only receive a single rate reduction and not a combination of F(1) age over 65 or F(2) SSD or SSI benefits.
(Ord. 553, 2017: Ord. 473, 2006: Ord. 445 (part), 2003)
Article II.
Water Rates
13.12.050   Residential water rates.
   The water rates to be charged and collected by the city from each single-family residence obtaining service from the waterworks systems of the city shall be as follows:
 
Usage
7/1/2017
7/1/2018
1st 3,000 gallons (monthly minimum)
$18.53
$21.15
Over 3,000 gallons (for each 1,000 gallons or part thereof)
$1.64
$1.87
 
   Beginning July 1, 2019, a 2% cost for service increase shall be effective automatically each July 1st unless rescinded by the Lovington City Commission sixty (60) calendar days prior.
(Ord. 553, 2017: Ord. 482, 2007: Ord. 470, 2006: Ord. 442 (part), 2002: Ord. 427 (part), 2000: Ord. 408 (part), 1997: Ord. 375 (part), 1993: amended during 1992 codification; Ord. 318, 1983: prior code § 4-3-14)
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