(A) The existing user rates and charges as established by the existing agencies shall be adopted by the Agency. All user rates and charges to be collected from all the real property within the county served by facilities of the Agency shall remain in effect until such time as an adjustment thereof has been approved by the Paducah City Commission and the County Fiscal Court. Notwithstanding the foregoing, all tap-on fees previously established by the Existing Agencies on existing sewer lines at the time the Agency is created shall not be changed. Any proposed adjustments of the schedule of rates and charges shall be recommended by the Agency at a joint meeting of the Paducah City Commission and the County Fiscal Court. The Paducah City Commission and the County Fiscal Court shall approve or disapprove all rate changes recommended by the Agency by majority vote of each body. Neither the Paducah City Commission nor the County Fiscal Court shall have the authority to initiate rate changes. If for any reason the Paducah City Commission and the County Fiscal Court cannot agree to amendments to a rate schedule, the current schedule shall remain in effect until such time as an agreement can be reached.
(1) The schedule of rates and charges may be based upon either:
(a) The consumption of water on premises connected with the facilities, taking into consideration commercial and industrial use of water;
(b) The number and kind of plumbing fixtures connected with the facilities;
(c) The number of persons served by the facilities;
(d) May be determined by the Agency on any other basis or classification which the Agency determines to be fair and reasonable, whether similar or dissimilar to those enumerated; except that the schedule shall be equitable for all residential property; provided, however, pursuant to KB 739, enacted by the 2002 Kentucky General assembly, if the Paducah City Commission, County Fiscal Court and the Agency find that local needs warrant, uniformity of rates for all residential property shall not be required for a period of no more than ten years from the date the Agency was established on July 1, 1999; or
(e) Any combination thereof.
(2) This schedule may include additional charges for treatment of sewage, with a surcharge where the sewage contains industrial waste or other waste in excess of limitations established by the regulations of the Agency.
(B) Prior to modification of the schedule of rates and charges, the Agency shall adopt a proposed schedule and publish notice thereof pursuant to KRS Chapter 424. The notice so published shall be dated as of the date of first publication thereof and shall state that the proposed or revised schedule of rates and charges will remain open for inspection in the office of the Agency for 30 days from the date of the notice, and that objections thereto in writing may be filed during that period with the Agency by any person aggrieved thereby. The Board shall examine and hear any and all complaints, may modify the proposed schedule and may recommend to the Paducah City Commission and County Fiscal Court a final schedule within 60 days after the date of the notice. The schedule so adopted and established shall thereafter be the rates and charges for the use of the facilities of the Agency by users within the county until changed in the manner provided herein.
(1) The schedule of rates and charges shall be established and revised from time to time so as to produce aggregate revenues to the Agency sufficient:
(a) For the payment of interest on and principal of all revenue bonds and other obligations of the Agency;
(b) For the payment of all costs and expenses of operating and maintaining the sewer system of the Agency, including, but not limited to, that portion of the salaries, wages and fees of all officers and employees of the Agency; and
(c) For the payment of all costs of renewals and replacement of such system within the county; provided, however, that all expenses, salaries, wages and fees necessary or incident to improvements for the account of which bonds are issued or other indebtedness incurred may be included as a part of the cost of the improvements and paid from the proceeds of the bonds or other indebtedness.
(2) The use of all monies of the Agency received from any and all sources shall be limited exclusively and devoted solely to the payment of all obligations of the Agency and no funds from any sources shall be diverted to any other purposes than those described in this chapter.
(C) Whenever any sewer rates or charges for services rendered remain unpaid for a period of 30 days after the same becomes due and payable, the Agency shall declare the property, the owner thereof, and the user of the service, delinquent until such time as all rates and charges are fully paid, and may cut off the sewer connection and service. The Agency may enter into agreements with any water company or water service, public or private, providing for the discontinuance of water service to delinquents.
(Ord. 98-3, passed 9-14-1998; Ord. 98-03.2, passed 12-2-2002)