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§ 51.065 VIOLATIONS; LIABILITY.
   Any person violating any of the provisions of this chapter shall become liable to the city by reason of that violation.
(Ord. -, passed 7-27-1998) Penalty, see § 51.999
§ 51.066 WATER SERVICE OUTSIDE CITY LIMITS.
   The owner of all residential or commercial properties that are located outside the city limits and used for human occupancy, employment, recreation or other purposes that request to be served by the city’s public water system must annex to the city before water service will be provided. If the property is ineligible to annex, then the property owner must sign an agreement that they will annex to the city. The annexation is to be finalized when the property becomes eligible for annexation. However, the city shall not be required to extend water to the subject property if water is not already available.
(1969 Code. § 27-117)
RATES AND CHARGES
§ 51.080 WATER SERVICE CHARGES ESTABLISHED.
   (A)   Water service charges. The water service charge for the use of and for service supplied by the water facilities of the city shall consist of a basic user charge, a debt service charge, and a capital improvement charge.
      (1)   Basic user charge.  
         (a)   The basic user charge is levied on all users to recover the operation, maintenance, and replacement (O, M, & R) costs and shall be based on water use as recorded by water meters.
         (b)   The basic user charge shall be computed as follows:
            1.   Estimate the annual water volume;
            2.   Estimate the projected annual revenue required to operate and maintain the water facilities, including a replacement fund for the year, for all works categories; and
            3.   Compute costs per 1,000 gallons.
      (2)   Debt service charge. The debt service charge is computed by apportioning the annual debt service, as a charge per 1,000 gallons.
      (3)   Capital improvement charge. The capital improvement charge is levied on users to provide for capital improvements, extensions, or reconstruction of the waterworks. The capital improvement charge is computed by apportioning the annual amount to be accrued, as a charge per 1,000 gallons.
   (B)   Review. The adequacy of the water service charge shall be reviewed, not less often than annually, by certified public accountants for the city in their annual audit report. The water service charge shall be revised periodically to reflect a change in local capital costs or O, M, & R costs.
   (C)   Measurement of flow. The volume of flow used for computing basic user charges shall be the metered water consumption read to the lowest even increments of 100 gallons.
      (1)   If the person procures any part, or all, of his or her water from sources other than the public waterworks system, the person shall install and maintain, at his or her expense, water meters of a type approved by the City Water Department for the purpose of determining the volume of water obtained from these other sources.
      (2)   Devices for measuring the volume of water may be required by the City Water Department if these volumes cannot otherwise be determined from the metered water consumption records.
      (3)   Metering devices for determining the volume shall be installed, owned, and maintained by the person. Following approval and installation, these meters may not be removed, unless service is canceled, without the consent of the City Water Department.
   (D)   Schedule of charges. The rates established in this section shall automatically increase by 3% on May 1 of each calendar year unless the Council prior to that date determines that another amount is appropriate.
      (1)   Basic user charge. There shall be and there is hereby established a basic user charge of $6.7645 per 1,000 gallons of metered water consumption to be applied to all users to recover O, M, & R costs (for flow in excess of 2,000 gallons).
      (2)   Debt service charge. There shall be and there is hereby established a debt service charge of $6.41 per month to each user of the water facility.
      (3)   Capital improvement charge. There shall be and there is hereby established a capital improvement charge of $2.14 per month to each user of the water facility.
      (4)   Minimum charge. A minimum charge of $21.37 per month shall be applied to all users whose water consumption does not exceed 2,000 gallons per month. This minimum charge consists of $12.82 for O, M, & R costs, $6.41 for debt service costs, and $2.14 for capital improvement costs.
      (5)   Usage rates in excess of 20,000 gallons in a month. 
         (a)   Usage in excess of 20,000 gallons and not more than 100,000 gallons per month will be charged at a rate of $5.7006 per 1,000 gallons. This rate consists of $5.7006 for O, M, & R costs, $0.00 for Debt Service Costs and $0.000 for Capital Improvement Costs.
         (b)   Usage in excess of 100,000 and not more than 500,000 gallons per month will be charged at a rate of $3.1015 per 1,000 gallons. This rate consists of $3.1015 for O, M, & R costs, $0.00 for Debt Service Costs, and $0.00 for Capital Improvement Costs.
         (c)   Usage in excess of 500,000 gallons per month will be charged at a rate of $2.1266 per 1,000 gallons. This rate consists of $2.1266 for O, M, & R costs, $0.00 for Debt Service Costs, and $0.00 for Capital Improvement Costs.
      (6)   Flat rate metering. In the event use of the water facilities is determined by the city to be in excess of 10,000 gallons per month, the city may require the flat rate user to install metering devices on the water supply to measure the amount of service supplied.
      (7)   Computation of water service charge. The water service charge shall be computed by the following formula:
   CW + CC + CD + CM + (Vu - X)CU
      Where:
      CW = Amount of water service charge ($) per billing period;
      CC = Capital improvement charge (division (D)(3));
      CD = Debt service charge (division (D)(2));
      CM = Minimum charge for operation, maintenance, and replacement (division (D)(4));
      Vu = Water volume for the billing period;
      X = Allowable consumption in gallons for the minimum charge (division (D)(4)); and
      CU = Basic user charge for operation, maintenance, and replacement (division (D)(1)).
(1969 Code, § 27-141) (Ord. -, passed 9-16-1998; Am. Ord. 2004-28, passed 7-12-2004; Am. Ord. 2006-25, passed 7-24-2006; Am. Ord. 2013-5, passed 4-22-2013; Am. Ord. 2014-3, passed 4-28-2014; Am. Ord. 2019-4, passed 4-22-2019; Am. Ord. 2019-16, passed 9-23-2019; Am. Ord. 2022-8, passed 6-13-2022; Am. Ord. 2023-13, passed 6-26-2023) Penalty, see § 51.999
§ 51.081 BILLS; PAYMENT.
   (A)   Rates or charges for service shall be payable monthly depending on the classification of service for which bills are rendered. 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 the premises, and the service is furnished to the premises by the city only upon the condition that the owner of the premises, occupant, and user of the services are jointly and severally liable therefor to the city.
      (1)   If payment of a bill by a user is not made on or before the tenth day of the month, or the first business day after the tenth if the City Clerk’s office is closed on the tenth of the month, an additional charge of 10% of the current billing shall be charged as a penalty.
      (2)   In the event a user’s bill is not paid by 12:00 noon on the twentieth day of the month, the city will begin water service termination procedures.
      (3)   The Water Department will, under the direction of the City Council, establish a time for service termination. Upon the dispatch of city crews for such termination, a penalty of $25 shall be charged for continued service, whether or not that user’s service has been terminated pursuant to this subsection.
      (4)   If, in the event service has been discontinued and the user thereafter makes payment of his $25 penalty and his water and sewer bill, water service shall be restored within 24 hours of the user’s payment.
      (5)   A $50 deposit will be required for water/sewer accounts for property owners, and a $75 deposit will be required for water/sewer accounts for renters, both for service provided by the city, based on the following:
         (a)   There will be a $50 deposit required for each water/sewer account established by an owner residential customer who has not had an account before or who has not maintained a current account, and a $75 deposit required for each water/sewer account established by a residential customer who is renting or leasing property.
         (b)   Deposits for other than renters should be returned, if the owner has maintained the account on a current basis for a period of at least 14 consecutive months.
         (c)   Deposits for renters will be held as long as the water/sewer customer remains a renter or for 5 years. The deposit may be transferred by the customer or it may be returned if the customer leaves the service area and the final billing is paid.
         (d)   Commercial accounts are not required to maintain a deposit (unless account has been delinquent for a period of 2 consecutive months or more).
         (e)   All accounts are to be finalized and paid on or before ownership changes. The new owner becomes responsible for the unpaid balance.
(1969 Code, § 27-142) (Ord. -, passed 9-16-1998; Am. Ord. 2000-14, passed 4-24-2000; Am. Ord. 2004-34, passed 8-23-2004) Penalty, see § 51.999
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