(A) There shall be and hereby are established water rates and charges for the use of and for the service and water supplied by the city waterworks.
(B) The city shall prepare annually, prior to the close of the fiscal year, an estimate of anticipated costs of operation, maintenance and replacement for the forthcoming fiscal year, specifically including direct operation and maintenance, administration, equipment replacement and depreciation costs, which estimate shall be submitted to the City Council to be considered, amended if necessary, and adopted for the subsequent year by ordinance.
(C) The water rates shall be calculated by dividing the amount of revenue funds required to operate and maintain the waterworks and to provide funds for equipment replacement, by the annual total water use as determined from users’ water meter readings and flat rate estimates and shall be expressed in dollars per thousand gallons of water use.
(D) (1) The rate or charge for water usage shall be $8.00 per 1,000 gallons of water used. The minimum charge shall be computed based upon and shall allow up to 2,000 gallons of metered water used per month. The total monthly debt service charge shall be $22.50 per user to be applied according to the schedule for such charges as set forth in § 10-1-33. Further, that the City Council shall establish a 2% rate increase to the water usage charge at the beginning of each fiscal year beginning May 1, 2024.
(2) Further, if the owner is renting or leasing the premises served to a non-owner/occupant, and it is not legally possible according to law to terminate water service to the subject premises, the owner shall be responsible for the total water bill. Further, any moneys received from any collection agency that the city has contracted to collect delinquent water bills shall be applied to the proper appropriations accounts.
(3) For residential structures containing more than a single living unit, but rather multiple separate units (as reflected by separate postal services addresses or individual lease agreements) serviced by a single meter, the rate charged for water usage shall be the same as outlined in division (D)(1), with the exception that the total monthly debt service charge shall be assessed as $22.50 per month plus an additional $7.00 per each separate unit. (e.g. for a four unit apartment structure, the amount would be $22.50 plus $28.00 ($7 x 4 units).
(E) The water charge or rate for all users outside the corporate limits of the city shall include a surcharge of 100% of the water charge or rate for users within the corporate limits of the city, except for intergovernmental agreements. The purpose of such surcharge shall be to recover capital costs of providing service which is not otherwise recoverable from unincorporated users.
(F) Metered usage shall be read to the lowest even increment of 100 gallons.
(G) The city shall read water meters located in meter manholes, outside reading water meters and, upon request, water meters in commercial or industrial establishments. All other metered water users shall receive a mail-in card on which the user shall record the water meter reading and return said card to the city prior to the fifteenth day of the month preceding the billing date. If the mail-in card is not returned prior to the fifteenth day of each month, service charges shall be based on estimated water use consistent with the previous usage.
(H) (1) Water use charges shall be payable monthly. The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for the service to such premises, and service is furnished to such premises by the city upon the condition that the owner of the premises, occupant and user of the service are jointly and severally liable therefor to the city. All bills for service shall be rendered monthly on the first day of each month and shall be payable not later than the close of business on the fifteenth day of the same month; the close of business being 4:30 p.m. on the fifteenth day. If the fifteenth falls on Saturday or Sunday when the City Collector does not have office hours, then the bill for the service shall be payable not later than the close of business (4:30 p.m.) on the following Monday. If payment of the full amount of the bill is made after said period, then a penalty of 5% of the amount of the bill shall be added thereto.
(2) Any owner of premises that is leased or rented to a non-owner/occupant shall be liable for the payment of 60 days of water service when the service was in the non-owner/occupant’s name, less the non-owner/occupant’s deposit of $100 in the event that the premises served is vacated by the non-owner/occupant without paying the water bill in full. Further, if the owner includes water service in the rental of the premises served, and fails or stops paying the charges, the city shall not turn the water off until the non-owner/occupant vacates the property. After the non-owner/occupant vacates the property, the city shall shut off water service to the premises. To re-establish water service to the property, the owner will be required to pay the unpaid water bill in full, a deposit in the amount of the last unpaid water bill, and a $25 turn-on fee. After the account for the property is current for a period of 12 months without further shut-off notices, the deposit will be returned to the owner. Further, if the owner includes water service in the rent charged, the city will not turn off the water until the occupant physically vacates the property, and the owner will be liable for the complete water bill. The city will require a signed affidavit from the property owner that the property is vacant before the city will turn off the water.
(I) (1) In the event the charges for service are not paid within 30 days after the date of billing for service, such charges shall be deemed and are hereby declared to be delinquent, and thereafter such delinquencies may constitute liens upon the real estate for which such service is supplied. The City Clerk is hereby authorized to file sworn statements constituting a notice of lien showing such delinquencies in the office of the Recorder of Deeds of the county. The filing of such sworn statement (notice of lien) shall be deemed a demand for the payment of such charges for service. Further, in the event the charges for water service are not paid within 30 days after the date of billing, water service to the premises supplied with water service may be terminated.
(2) In the event the City Clerk records sworn statements or a notice of lien upon the premises receiving water service for a delinquent bills, said lien shall include an administrative fee in the amount of $50 for the preparation of said lien, and additional amounts for recording fees, any court costs and attorney fees incurred prior to the filing of the lien for the purpose of collecting said water bills.
(1974 Code, § 7-4A-1) (Ord. 655, passed 7-14-1981; Ord. 658, passed 8-11-1981; Ord. 661, passed 11-24-1981; Ord. 2003-9-6, passed 9-22-2003; Ord. 2007-12-15, passed 12-18-2007; Ord. 2011-09-5, passed 9-13-2011; Ord. 2015-11-6, passed 11-10-2015;Ord. 2019-6-4, passed 6-25-2019; Ord. 2023-03-02, 3-14-2023; Ord. 2024-06-01, passed 6-11-2024)