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HomeMy Public PortalAboutOrdinances-1997-217, . ' : -- • CITY OF TIFFIN ORDINANCE NO . 1997 - L1... . .___-_ AN ORDINANCE REPEALING ORDINANCE NO. 57 AND NO. 213 AND ALL SUBSEQUENT AMENDMENTS THERETO AND ENACTING THIS ORDINANCE IN LIEU THEREOF AND REESTABLISHING THE SEWER DISTRICT AND PROVIDING FOR A USER CHARGE SYSTEM THAT WILL PROVIDE FUNDS NEEDED TO PAY FOR THE OPERATION AND MAINTENANCE AND ALL OTHER EXPENSES ASSOCIATED WITH THE CITY' S WASTEWATER TREATMENT WORKS . WHEREAS, the City of Tiffin will construct a new wastewater treatment works and must pay for the operation, maintenance, and replacement and all other expenses associated wi.t:ii l he li and operation of the treatment works and charge construction a p users of said treatment works accordingly; BR IT ENACTED BY THE CITY COUNCIL OF I' I Ft N J, IOWA : Section f. . Adoption and Repea I : This is an Ordinance nanr:e repealing the Tiffin Sewer C) d i Rance No . ','1 which became effective in the year :1.96', by repealing said Ordinance and all subsequent • amendments thereto ( including Ordinance Nos . 1981 - 103 , 1985 - 138 , 1994 - 189 , and enacting this Ordinance in lieu thereof to reestablish a ;ewer district and the regulations thereof for the City of Tiffin , Iowa , and providing for the '� administrative enforcement. , and amendment thereof ; and to repeal_ all Ordinances or resolutions in conflict therewith . Section II . Purpose: IL is determined and declared to he necessary and conducive to the protection of the health, safely, . welfare and convenience of the City to collect charges from all contributors who contribute wastewater to the City ' s treatment works now or may in the future . The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public: wastewater treatment works . Section III . District : The sewer district consists of the entire corporate limits of the Town of Tiffin, Iowa . Section IV . Definitions : Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows : A. "Operation and Maintenance" shall mean all expenditures during the useful life of the treatment works for materials , labor, utilities , and other_ items which are necessary for managing and maintaining the treatment works to achieve the capacity and performance for which such works were designed and constructed . L.._ . . 1 0 r d i Wane r- H 1 997--2I 7 tit; . B. "Replacement ' ' shall mean expenditures for obtaining and installing equipment , accessories , or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed' and constructed. The term "operation and maintenance" includes replacement . C. "Shal'l" is mandatory; "May" is permissive . D. "Treatment Works" shalt mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid .industrial, wastes . 'These include intercepting seweEs , on[[.a l.1 sewers , sewage collection systems , individual systems , pumping , power, and other equipment and their appurtenances ; extensions improvement, remodeling, additions and alterations thereof ; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities ; and any works , including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from,, such treatment ( including land for comporting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land aPA lication) ; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems . 4AS E. "Useful Life" shall mean the estimated period during which a treatment works will be operated . F. "User Charge" shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works . Section V. User Charge System: A. This system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement and costs associated with debt retirement of bonded capital associated with financing the treatment works which the City may by ordinance designate to be paid by the user charge system. The total user charge shall be divided into a portion designated for operation and maintenance including replacement of the treatment works and a portion adequate to pay the debt service for the treatment works . This ordinance shall establish those portions of the total user charge and shall describe a system for allocating said charges between active and non -active users of the system. � . • • ()rd i nance ft 1997-2 .17 pg . 3 B . That portion of the total., user charge collected which is designated for operation and maintenance including replacement purposes as established in Section VII , shall be deposited in a separate non- lapsing fund known as the Operation, Maintenance and Replacement Fund and will he kept. in . two ,primary accounts as follows : 1 . An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works (Operation and Maintenance Account) . 2 . An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works (Replacement Account) . Deposits in the replacement account shall be made at least quarterly from revenue in the amount of $5 , 600 . 00 annually, as shown in the attached Exhibit "A"1. C . Fiscal year- end balances !in the operation and maintenance account and the replacement; account shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts .. Moneys which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective `• accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement . The user charge' shall be adjusted such that transferred moneys will be returned to respective accounts within the fiscal year following the fiscal year in which the moneys were bor_rowed. ' 1 Section VI . Actual Use Rate Structure : Each user shall pay for services provided by the City based on use of the treatment works as determined by- watertmeters acceptable to the City, and as described and set forth `below and as set forth on the attached Exhibit "A" . User Rates Within City Limits : $15..00/Minimum Monthly Charge for 1st 1, 000 gallons of water used $2.75/Per 1,000 Gallons - for all gallons of water used thereafter User Rates Outside City Limits : $22 .50 minimum monthly charge for 1"F 1, 000 gallons of water used $4 .125 per 1, 000 gallons - for all gallons of water used thereafter The city shall charge the minimum monthly fee for each dwelling unit served. Any dwelling unit served outside of the district shall be charged 150 percent of the above User. Rates Within City Limits . c 3 { Ord i n<1n(-.c, II 1997-217. pg . A Where multiple dwelling units are served through a single water meter, the city shall ";:c:rec1:i+t the sewer meter account with a monthly use of 1 , 000 gallons multiplied Ltiplied by the number of dwelling units served by the meter . The incremental charge per each 1 , 000 gallon unit used shall be applied for all water used in an amount greater than this credit . In the event that a user does not have a meter, the rate shall be established by the city council . ■ A. Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City treatment works , or any user which discharges any substance which is singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works , shall pay for such increased costs . The charge to each such user will be as determined by the responsible plant operating personnel and approved by the City Council. . B . The user charge rates established in this article shall apply;. to all residential contributors, whether residential , commercial , industrial , agricultural. , or other type of user, of the ,City treatment works , regardless of their location. 'Section VII . Billing and Nonpayment Penalties : A. All users shall be billed monthly . Billings for any particular month shall be made within thirty days after the -end of that month . Payments are/due when the billings are made . Any ' payment not received within thirty days after the billing is made shall be delinquent . . B. A late payment penalty of 10 percent of the user charge bill will be added to each delinquent bill for each thirty days of delinquency. When any bill is thirty days . in default, rendition of water and/or sewer service to such premises shall be discontinued until such bill is paid following due notice and opportunity for hearing . The City shall also have all other rights of action under applicable law concerning the collection of past due open accounts and assessment of the past due amounts , plus related,, costs ; for collection in the same manner ,as property taxes pursuant to Iowa Code 355 . 20: Section VIII . Review of User Charge System: A. The City will review the user charge system every two (2 ), years and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the • 4 F —�...._._.....�.........w.... ..�__.....u.w........eesvAM�'�Mhyxl��...:4t-. eJ: �. ' Y1 r . " Orrl i nnnr c // 1 r)c)7 21 7 // system continues to provide for [lie proportional' distribution of� operation and maintenance including replacement costs among users and any user classes . i 1 B . The City will notify each u er at least annually, in conjunction with a regular hill , of [he rate being charged for operation, maintenance including replacement of the treatment ` works . . Section IX: By enacting this Ordinance the Ci.ty of Tiffin and its contributors agree that [he charges established herein have priority over any terms and conditions of agrc etnents or contracts between the City and Users which are inconsistent with the requirements of Section 204 (b) ( 1) (A) of the CleaniWatet: Act • and corresponding regulations . Section X . Repealer. All ordinances or apar_ ts of ordinances in conflict with Lli provisions of this Ordinance are hereby repealed . i(( Section XI . Severability. If any section , provision, or part of this Ordinance shall be adjudged to he invalid or unconstitutional, such adjudication shall not affect the validity of the :ordinance as a whole, or any section, pr.ovisioi, or part L thereof . not adjudged invalid or unconstitutional . Section XII . Effective Date . This Ordinance shall be in effect after its final passage, approval , and posting as provided by law. 1 i On the 9th day of July 1997 , at a regular meeting of the. Tiffin City Council, Tiffin, Iowa, Councilperson Brown ] introduced, Ordinance No . 1997-217 and moved that it be given its first reading . The motion was seconded by Councilperson ,Kern . Ayes : Kern , Bartels , Brown , Gericke , and Walls i Nays . None . : Absent : None . — a, Five members of the council being present and. having voted "Aye" , Mayor Glenn R. Potter declared the motion carried, and Ordinance No . , was read the first time and discussed and placed on record . Thereupon, it was moved by Councilperson Brown and seconded by Councilperson Gericke t that the laws and rules providing that ordinances be considered and voted on for passage at two council meetings prior ,to the meeting j at which it is to be finall y passed beY f s us p ended =nand dispensed . r /pief_ . ,. Ordinance H 1997-217 hg . 6 with and that Ordinance No . 1997-217 placed on its ..w last reading . .. Ayes : Walls , Kern , Brown , Bartels , and Gericke Nays : None . Absent : None . Five , members of the council being present and having voted "Aye" , Mayor Glenn R. Potter declared the motion carried, and Ordinance. No . ; was then placed on its last reading and was read the last time . Thereupon, it was moved by Council.person Brown and seconded by Councilperson Bartels that Ordinance . No . 1997-217 be placed upon its final passage and adopted. Ayes : Walls , Brown , Gericke , Bartels — and Kern Nays : None . Absent : None . Five members of the council being present and having voted "Aye" , Mayor Glenn R. Potter declared the motion carried, and the ordinance was 'passed and adopted. '' p Whereupon the mayor declared that Ordinance No. 1997-217 be adopted and signified his approval of same by fixing his -T, . signature thereto. Passed by the council on the 9th day of July 1997 , and approved by the mayor on the 9th day of July 1997 . GLENN R. POTTER, Mayor ATTEST: �)Sot_ . ' AOP 12 MARL •EiT B . REIHMA1 , City Clerk II,. Clerk of the City of Tiffin, Iowa, state that an ordinance entitled: AN ORDINANCE REPEALING ORDINANCE NO. 57 AND NO. 213 AND' ALL SUBSEQUENT AMENDMENTS THERETO AND ENACTING THIS ORDINANCE IN LIEU THEREOF AND REESTABLISHING THE SEWER DISTRICT AND PROVIDING FOR A USER CHARGE SYSTEM THAT WILL PROVIDE FUNDS NEEDED TO PAY FOR THE OPERATION AND MAINTENANCE AND ALL OTHER EXPENSES ASSOCIATED WITH THE CITY' S WASTEWATER TREATMENT WORKS and known -_ as No . was duly passed' by the council on the 9th day of July 1997, and signed by the mayor on the 9th day of July 1997, and published on , the day WI August 1997, • by- posting copies-. . 6 Ordinance if 1997-21. 7. pg .._7 thereof in three public places within the limits of the City of Tiffin, Iowa . That I posted copies of Ordinance No .l.997-21. 7in the following places : • Tiffin Post Office Flansbuu Hardware Norganfs Service E -- MARC I1I{T B . t REIHMAN( C ; ty Clerk / • • • 1 7 .