HomeMy Public PortalAboutOrdinances-1997-217, . ' : --
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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 .
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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 .
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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. � .
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()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 .
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{ 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 .
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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
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" 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
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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
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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
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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
.
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/pief_ . ,.
Ordinance H 1997-217 hg . 6
with and that Ordinance No . 1997-217 placed on its
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last reading .
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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-. .
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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 :
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Tiffin Post Office
Flansbuu Hardware
Norganfs Service E --
MARC I1I{T B . t REIHMAN( C ; ty Clerk
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