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9-1-6: RATES AND BILLING:
   A.   Designated:
      1.   Metered Water Service: All water service, except the delivery of water which does not meet the requirement for domestic and culinary use and sales negotiated by contract, shall be metered by water meters of a design and size approved by the division. Monthly service and usage charges for metered water service not otherwise negotiated by contract are as follows:
         a.   The service charge, or base rate, shall be charged to each customer to whom water service is available regardless of whether any water is used. The base rate is determined by meter size as follows:
Monthly Water Service Charge (Base Rate) Table
Meter Size
Base Rate From July 1, 2021 Through June 30, 2022 (Including 2021 Blended Inflation Adjustment)
Monthly Water Service Charge (Base Rate) Table
Meter Size
Base Rate From July 1, 2021 Through June 30, 2022 (Including 2021 Blended Inflation Adjustment)
¾” or smaller
$ 22.55
1"
37.31
1.5"
52.07
2"
83.60
3"
233.29
4"
293.50
6"
653.21
8" or larger
1,197.13
Current year rate = (previous year rate + current year rate increase) x (1 + current year blended inflation adjustment (BIA))
Sample calculation: 2022 rate calculation for 3/4" meter assuming 2021 BIA = 2%: $ 23.00 = ($22.55 + $0.00) x (1 + .02)
 
         b.   In addition to the base rate which is determined by meter size, the following rates shall be charged per one thousand (1,000) gallons of water used, determined by meter size, the availability of secondary water on the property, and the number of gallons of water used per month:
            (1)   One inch (1") meter and smaller; except that connections without secondary water service shall be billed according to the schedule in subsection A1b(2) of this section between May 1 and October 31:
 
One Inch and Smaller Water Usage Rate Table (except those without secondary water from May 1 to Oct 31)
Gallons of Water Used Per Month
Rate Per Thousand Gallons From July 1, 2021 Through June 30, 2022 (Including 2021 Blended Inflation Adjustment)
0 to 6,000
$ 1.93
6,001 to 12,000
2.96
Above 12,000
3.85
Current year rate = (previous year rate + current year rate increase) x (1 + current year blended inflation adjustment (BIA))
Sample calculation: 2022 rate calculation for 3/4" meter per thousand gallons for first 6,000 gallons assuming 2021 BIA = 2%: $ 1.97 = ($ 1.93 + $0.00) x (1 + .02)
 
            (2)   One inch (1") and smaller without secondary water service between May 1 and October 31:
One Inch and Smaller Water Usage Rate Table (those without secondary May 1 to Oct 31)
Gallons of Water Used Per Month
2021 Rate Per Thousand Gallons (Including 2021 Blended Inflation Adjustment)
One Inch and Smaller Water Usage Rate Table (those without secondary May 1 to Oct 31)
Gallons of Water Used Per Month
2021 Rate Per Thousand Gallons (Including 2021 Blended Inflation Adjustment)
0 to 6,000
$ 1.93
6,001 to 42,000
2.96
42,001 to 84,000
3.42
Above 84,000
3.85
Current year rate = (previous year rate + current year rate increase) x (1 + current year blended inflation adjustment (BIA))
Sample calculation: 2022 rate calculation for 3/4" meter per thousand gallons for first 6,000 gallons assuming 2021 BIA = 2%: $ 1.97 = ($ 1.93 + $0.00) x (1 + .02)
 
            (3)   Larger than on inch (1"):
 
Larger than One Inch Water Usage Rate Table
Gallons of Water Used Per Month
Rate Per Thousand Gallons From July 1, 2021 Through June 30, 2022 (Including 2021 Blended Inflation Adjustment (BIA))
Charge per 1,000 gallons
$ 2.96
Current year rate = (previous year rate + current year rate increase) x (1 + current year blended inflation adjustment (BIA))
Sample calculation: 2022 rate calculation per thousand gallons assuming 2021 BIA = 2%: $ 3.02 = ($ 2.96 + $0.00) x (1 + .02)
 
         c.   In addition, the specified monthly culinary water base rate and usage charges shall be increased annually on July 1 in perpetuity by a blended inflation adjustment (BIA) determined as follows:
(0.67 multiplied by the percentage change in the west region consumer price index for all items derived for urban consumers (west region CPI-U), without any seasonal adjustment, for the prior year from January to January and produced by the United States Bureau of Labor Statistics (CPI)) plus (0.33 multiplied by the percentage change in the construction cost index shown by American City and County for the prior year from January to January (CCI)).
The blended inflation adjustment shown as a formula is: BIA = (0.67 * CPI) + (0.33 * CCI).
         d.   If the blended inflation adjustment falls below zero for the prior calendar year, no inflation adjustment will be made.
      2.   Discount: A fifty percent (50%) discount on the minimum monthly service charge, or base rate, described in subsection A1a of this section, will be given to the following:
         a.   Any user in a single- or two-family dwelling who as an owner of the property is, each year, granted abatement for taxes on their dwelling in Weber County under Utah Code Annotated sections 59-2-1106 through 59-2-1108, or their successors; or
         b.   Any residential user who is the account owner, or who is described in subsection 9-1-4C of this chapter, and who is currently deployed, or whose spouse is currently deployed, to a combat zone designated by the president of the United States and who provides satisfactory proof of deployment to the utility manager. The reduction shall be limited to the period of deployment and shall apply to all members of the U.S. military, including active duty, reserve and national guard troops.
      3.   Increase For Extraordinary Conditions:
         a.   Whenever the mayor determines that extraordinary drought conditions or other emergency conditions exist affecting the quantity of available water, the mayor, under an administrative order adopted pursuant to subsection 9-1-8A of this chapter and after seven (7) days’ advance written notice to the city council, may temporarily increase by twenty percent (20%) the water rates assessed on the basis of usage (subsection A1b of this section) for all amounts of water used over:
            (1)   Six thousand (6,000) gallons per month for the class of users with meters one inch (1") and smaller in size;
            (2)   Fifty thousand (50,000) gallons per month for the class of users with meters one and one-half to two inches (11/2 - 2") in size; or
            (3)   Two hundred thousand (200,000) gallons per month for the class of users with meters over two inches (2") in size.
         b.   For purposes of this subsection “extraordinary drought conditions” shall be considered to exist whenever the annual rate of precipitation affecting the Weber-Ogden River basin drops to a level at or below thirty percent (30%) of median using information from the Natural Resources Conservation Service or if the total amount of water stored in Pineview Reservoir is less than thirty-five thousand (35,000) acre feet.. The above determination shall be based on precipitation received since the beginning of the water year, or existing reservoir storage, on or after April 1 of the year in which such increase commences. Any temporary increase in water rates due to extraordinary drought conditions shall terminate on the earlier of November 1 of the applicable year or a date provided in an administrative order.
         c.   For purposes of this subsection "other emergency conditions" shall be considered to exist whenever insufficient water resources exist to meet anticipated customer demand over a foreseeable period of time exceeding thirty (30) days due to: 1) a reduction of available water sources for reasons other than drought; or 2) a failure of, or damage to, some or all of the city's water storage, distribution, or treatment facilities. Any temporary increase in water rates due to other emergency conditions shall terminate no later than thirty (30) days after water resources return to normal levels.
         d.   In an administrative order described in paragraph 3a, the mayor:
            (1)   May increase rates incrementally by issuing more than one order so long as the total of all increases does not exceed twenty percent (20%);
            (2)   May increase rates for fewer than all of the user classes described in paragraph 3a and, if more than one user class is included in an order, may adopt different rate increases for different classes of users; and
            (3)   May treat a water user with an approved water use plan under section 9-8-3 differently than water users in the same class or other classes who do not have an approved water use plan.
         e.   It is not the intention of this section to restrict or limit emergency powers of the mayor under a local emergency declared pursuant to section 12-15-3 of this code that threatens or affects the water resources available to the city.
   B.   Bills Due:
      1.    Except as provided in subsection B.3., utility bills are due and payable within twenty-three (23) days after the billing date as shown in the bill.
      2.    Utility bills not paid in full by the due date:
         a.   Are delinquent and water service may be discontinued; and
         b.   Shall be assessed a late payment charge as set forth in section 4-6-1.B.18.
      3.    As an alternative to payment of the actual utility bill each month, the utility manager may implement an equal pay program that allows owners with at least twelve (12) months of billing history at their current address to pay an equal amount from month to month subject to the terms and conditions adopted by the mayor in an administrative order.
      4.   Account Transferred: Uncollected amounts on any delinquent utility account may be transferred to any active account under the owner’s or applicant’s name, and upon failure to pay said bill after at least five (5) days’ prior written notice, water being served to that account shall be turned off.
   C.   Bills Delivered; Payment Responsibility: Unless otherwise requested, all water bills and notices relative to water bills will be addressed and mailed or delivered to the customer at the address receiving water service. On written request, water bills will be mailed to a different address designated by the customer. The customer must assume the responsibility of notifying the division of any change of address or change of person responsible for payment. Failure to give such notice will constitute sufficient cause for the withdrawal of billing service to the address designated in the request, and subsequent bills and notices will be sent to the premises served. Failure to receive a water bill will not relieve any person of the responsibility of the payment of said bill within the prescribed period, nor exempt any person from penalties imposed for delinquency in the payment thereof.
   D.   Unpaid Charges; Deemed Debt To City: Water service charges are levied and assessed against the person liable under law, ordinance or contract for water services rendered at the premises receiving water service through the city and are a debt due the city from and after the end of the accounting period for which a statement for water services is to be rendered under the ordinances and regulations governing the sale and distribution of water by the water utility.
   E.   Unpaid Charges A Lien: All unpaid charges for water service are a lien against the premises to which water service is rendered or for which such service is procured from the city, except to the extent limited by Utah law. Such lien may be foreclosed in any court of competent jurisdiction; or, by written direction of the water manager, the lien may be waived and an action in person may be maintained for the collection of such charges.
   F.   Meters:
      1.   Reading; Interpretation: The public services director shall, by regulation or effective order, prescribe the frequency with which meters of the various sizes for each type or class of service rendered shall be read, giving due consideration to the efficiency and economy of the operation of the utility as well as to the reasonable accuracy and justice to the consumer of the readings obtained. When meters are read less frequently than once a month, the measured water service determined by such readings shall be allocated to each month included in the period of time covered by the reading upon the assumption that water was consumed at an equal and unvarying rate throughout the period of time covered, and the rate shall be computed for the service allocated to each month on that basis.
      2.   Rates; Applicable When: The rates and minimums specified in subsection A of this section shall apply to consumers using secondary or rented meters. In cases where more than one meter is required to supply a building or premises, the water service measured by each of said meters shall be charged and billed separately at the regular rate for all water measured by each meter, except that in the case of a compound meter such billing may be combined.
   G.   Temporary Service: For Temporary Service Using A Fire Hydrant 1 : Where temporary water service is provided for temporary purposes from fire hydrants, the consumer served shall pay, in addition to the regular water rates, the reasonable charges of the utility for the rental of the fire hydrant meter and the other equipment incidental to the meter. Such charges shall be fixed by order of the public services director from time to time on the basis of one hundred fifteen percent (115%) of the average cost of such special service as determined by the water manager.
   H.   Sale Of Surplus Water:
      1.   Domestic And Culinary: The mayor is authorized, at his or her discretion, to furnish domestic and culinary water service to consumers outside the corporate limits of the city when and only when he determines that such service may be rendered out of culinary and domestic water which is surplus and not required for the ordinary use, provided service to consumers outside the city limits may be discontinued at any time. The monthly rates charged for such water service outside the corporate limits shall be twice the monthly rate charged to consumers within the city, and the monthly minimum charges to be charged to and paid by consumers outside the city limits shall be double those specified for consumers within the city.
      2.   Other: The mayor is further authorized, in his or her discretion, from time to time, to furnish and sell to consumers or water users inside or outside the corporate limits of the city such quantities of water not meeting standards for domestic and culinary use as he determines to be surplus and not required for the ordinary uses of consumers of domestic and culinary water served by the utility. The price to be charged for such water shall be such price as the mayor shall determine to be fair and reasonable under all of the facts and circumstances existing. Contracts for the furnishing of such water shall all be subject to termination at any time. At any time, the mayor may declare that the water subject thereto is necessary for the ordinary uses of consumers of water for culinary or domestic purposes or for the municipal purposes of the city, including reservation thereof for future distribution. Nothing contained in this subsection shall be construed to authorize the sale, transfer or encumbrance of any water rights owned or held by the city.
   I.   Supplying Free Water Service; Prohibited: The utility shall not supply free water or service to the city, departments or divisions thereof, or to any person, firm, public or private corporation, or to any public agency or instrumentality. All use, whenever practical, shall be metered. When metering is not feasible, the water use shall be estimated using standard formulas to determine water requirements and agencies or organizations in accordance with the rates in subsection A of this section.
   J.   Monies; Depositing In Water Utility Fund: All monies received by the utility from the sale of water or the sale of bonds, facilities or equipment or from any other source shall be paid to the city treasurer, who shall deposit such monies in a separate water utility fund which shall be maintained separate from other public funds.
      1.   Separate records and accounts shall be kept for the fund and all costs of maintenance, operation, bonded indebtedness and capital improvement for the utility shall be paid from the fund.
      2.   Charges for water service are intended to provide sufficient revenue for the costs of all water services and a fair return to the city as payment in lieu of property and franchise taxes.
   K.   Charitable Contributions: The water manager may establish a program whereby utility customers may make charitable contributions over and above their monthly utility bill for the purpose of providing assistance to low income customers in paying their city utility bill, including those portions of the bill as may be related to the provision of sanitary sewer services and refuse services.
Any such program shall be implemented in such a manner so as to ensure proper use of any donated funds. Program administration may be contracted to a nonprofit, charitable organization; provided, that administrative costs shall not be excessive.
   L.   New Owners: The utility may not require an applicant to pay for water that was furnished to the premises before the applicant became the owner of the property, nor may it deny service to a property based on delinquencies of a prior owner.
(1979 Code §§ 14.32.010, 14.32.020, 14.32.030, 14.32.040, 14.32.050, 14.32.090, 14.32.100, 14.32.110, 14.32.120, 14.32.130, 14.32.131; amd. Ord. 80-31, 6-26-1980; Ord. 81-28, 6-25-1981; Ord. 82-13, 3-18-1982; Ord. 83-10, 3-3-1983; Ord. 85-1, 1-3-1985; Ord. 90-44, 8-9-1990; Ord. 91-47, 12-5-1991; Ord. 96-28, 7-19-1996; 1999 Code; Ord. 2001-3, 1-2-2001; Ord. 2001-38, 6-12-2001, eff. 1-1-2002; Ord. 2001-42, 7-3-2001, eff. retroactive to 7-1-2001; Ord. 2002-38, 6-18-2002, eff. 7-1-2002; Ord. 2003-28, 6-17-2003, eff. 7-1-2003; Ord. 2004-30, 5-25-2004; Ord. 2004-39, 6-15-2004, eff. 7-1-2004; Ord. 2004-44, 6-15-2004, eff. 7-1-2004; Ord. 2004-45, 6-15-2004, eff. 7-1-2004; Ord. 2005-39, 6-14-2005, eff. 7-1-2005; Ord. 2006-33, 6-13-2006; Ord. 2007-41, 6-12-2007; Ord. 2007-79, 12-18-2007; Ord. 2008-28, 6-10-2008, eff. 11-1-2008; Ord. 2008-47, 10-7-2008; Ord. 2009-32, 4-28-2009; Ord. 2010-22, 6-22-2010, eff. 7-1-2010; Ord. 2011-32, 6-21-2011, eff. 7-1-2011; Ord. 2012-23, 5-22-2012; Ord. 2014-29, 6-24-2014; Ord. 2015-28, 6-16-2015; Ord. 2016-23, 4-12-2016; Ord. 2019-23, 6-11-2019; Ord. 2021-10, 4-6-2021; Ord. 2021-31, 6-22-2021; Ord. 2022-19, 5-3-2022)

 

Notes

1
   See also section 9-1-12 of this chapter