(a) Definitions.
(1) “Application” means the form promulgated by the City of Sidney for use in connection with a Business' efforts to qualify for receipt of Water Use Rebates under this the City of Sidney's Business High Volume Water Use Rebate Program (the “Program” hereinafter).
(2) “Base Usage” means the average annual ccf water usage over the twelve months prior to the application by such Existing or Expanded Business as existed on the date of such Existing Business' filing of its Application or the first twelve months after application by a New Business.
(3) “Business” means an industrial or commercial water customer of the City of Sidney.
(4) “City Manager” means the City Manager for the City of Sidney, or his/her acting designee.
(5) “Contract” means the written, legally binding document prepared by the City of Sidney setting forth the specific terms and conditions by which the requested Water Use Rebates are to be provided to a Business.
(6) “Existing Business” means a Business which is a Sidney High Volume Water User on the effective date of the Ordinance which adopted the subject Water Use Rebate Program.
(7) “Expanded Business” means a Business which existed in the City of Sidney on the effective date of the Ordinance which adopted the subject Water Use Rebate Program, but which was not a High Water Volume Water User on such date.
(8) “High Volume Water User” means a Business whose average annual water use exceeds 100,000 cubic feet (ccf).
(9) “New Business” means a Business which did not exist in the City of Sidney on the effective date of the Ordinance which adopted the subject Water Use Rebate Program, but became, or will become, a High Volume Water User after such date.
(b) Participation in Program.
(1) Eligible Participants: An Existing Business; Expanded Business or New Business, as defined above, are the sole eligible participants in the Program.
(2) Consideration for participation in the Program shall be initiated by the filing of a fully completed Application with the City Manager. The Application shall contain any and all supporting documentation and records requested by the City Manager to facilitate a thorough evaluation of eligibility criteria.
(3) Upon determination by the City Manager that an Applicant is eligible to participate in the Program, the Applicant shall be required to execute a Contract setting forth the specific requirements that the Business must meet in order to initially receive and continue to receive the requested Water Use Rebates.
(c) Qualified Existing Business High Volume User Applicability.
(1) An Existing Business shall establish to the City's satisfaction that it shall maintain its base usage and increase its future water use by not less than (20%) percent above the established base water usage of such Existing Business as existed on the date of such Existing Business’ filing of its Application. No water rebate will be due, or shall be paid, on the Base Usage.
(2) The maximum period for which any rebate hereunder shall be available for, or paid to, an Existing Business High Volume User shall be eight years.
(3) The rebate available hereunder shall be in a decreasing amount applied to actual amounts in excess of the Base Usage in compliance with the following decreasing schedule:
A. Year One: Ninety (90%) Percent;
B. Year Two: Eighty (80%) Percent;
C. Year Three: Seventy (70%) Percent;
D. Year Four: Sixty (60%) Percent;
E. Year Five: Fifty (50%) Percent;
F. Year Six: Forty (40%) Percent;
G. Year Seven: Thirty (30%) Percent; and
H. Year Eight: Twenty (20%) Percent.
(4) At the expiration of the Eight-Year Period referenced above, unless sooner terminated by virtue of an Existing Business losing its qualification under the terms set forth in the Contract, no further water use rebates shall be available or payable, and thereafter the affected Existing Business High Volume User shall pay the then-applicable rate for all water used by such Existing Business.
(5) Payment of any water rebate due hereunder shall be issued quarterly within forty-five days of the end of the quarter billed and paid.
(d) Qualified Expanded Business High Volume User Applicability.
(1) An Expanded Business may be eligible to receive the rebates referenced herein at the expiration of an initial twelve consecutive month period during which the Expanded Business shall establish to the City's satisfaction that it has increased and shall maintain its present and future water use in an amount equal to or in excess of that amount that will enable it to be considered as a High Volume Water User, as defined above. No water rebate shall be due, or shall be paid, on the first one hundred thousand ccf of its average annual use of water.
(2) The maximum period for which any rebate hereunder shall be available for, or paid to, an Expanded Business High Volume User shall be eight years.
(3) The rebate available hereunder shall be in a decreasing amount applied to actual amounts in excess of the average annual usage of one hundred thousand ccf in compliance with the following schedule:
A. Year One: Ninety (90%) Percent;
B. Year Two: Eighty (80%) Percent;
C. Year Three: Seventy (70%) Percent;
D. Year Four: Sixty (60%) Percent;
E. Year Five: Fifty (50%) Percent;
F. Year Six: Forty (40%) Percent;
G. Year Seven: Thirty (30%) Percent; and
H. Year Eight: Twenty (20%) Percent.
(4) At the expiration of the Eight Year Period referenced above, unless sooner terminated by virtue of an Expanded Business losing its qualification under the terms set forth in the Contract, no further water use rebates shall be available or payable, and thereafter the affected Expanded Business High Volume User shall pay the then-applicable rates for all water used by such Expanded Business.
(5) Payment of any water rebate due hereunder shall be made as follows:
A. Initial Period: lump sum within forty-five (45) days following the expiration of the Initial Period
B. Years Two-Eight: issued quarterly within forty-five (45) days of the end of the quarter billed and paid.
(e) Qualified New Business High Volume User Applicability.
(1) A New Business may be eligible to receive the rebates referenced herein at the expiration of an initial twelve consecutive month period during which the New Business has demonstrated an actual annual average water use in excess of 100,000 ccf (the “Initial Period”).
(2) The maximum period for which any rebate hereunder shall be available for, or paid to a New Business is four years.
(3) The rebate available hereunder shall be in a decreasing amount applied to actual amounts in excess of 100,000 ccf average annual water use in compliance with the following decreasing schedule:
A. Initial Period: Forty (40%) Percent;
B. Year Two: Twenty (20%) Percent;
C. Year Three: Twenty (20%) Percent; and
D. Year Four: Twenty (20%) Percent.
(4) At the expiration of the Four (4) Year Period referenced above, unless sooner terminated by virtue of a New Business High Volume User under the terms set forth in the Contract, no further water use rebates shall be available or payable, and thereafter, the affected New Business High Volume User shall pay the then-applicable rate for all water used by such New Business.
(5) Payment of the rebates provided for herein shall be made as follows:
A. Initial Period: lump sum within forty-five days
B. Years Two-Four: quarterly within forty-five days of the end of the quarter billed and paid.
(Ord. A-2930. Passed 5-29-18.)