CHAPTER XIX. SEWERSCHAPTER XIX. SEWERS\ARTICLE 2. SEWER SERVICE CHARGES

For the use of the sewage disposal system within and without the city, the following rates shall be applicable as to each monthly billing cycle, subject to the computation, adjustment and surcharge provisions of Sections 19-201c, 19-201d, 19-201e and 19-201f of this Article. Sewage rates shall be based upon the quantity of water supplied to each user, and each user shall be charged a monthly minimum rate which is applicable to all or any portion of the first 300 cubic feet of water used. Each user shall also be charged for each increment of water used beyond the minimum, measured in units of additional amounts of water used of up to 100 cubic feet. All such rates shall be applicable regardless of whether the user is residential, commercial, institutional, or industrial. The rate designated for each calendar year shown below shall take effect for the utility billing cycle which is billed on or about January 15 of each such calendar. The following rates shall not, however, be applicable to users outside of the city whose rates are governed by a contractual arrangement with the city, or by other specific provisions of this Article.

 

Monthly

Each 100 cu. ft.

Monthly

Each 100 cu. ft.

Minimum

Thereafter

Minimum

Thereafter

Year

Inside City

Inside City

Outside City

Outside City

2014

$31.78

$8.70

$58.48

$11.30

2015

$33.37

$8.70

$61.65

$11.30

2016

$34.96

$9.00

$64.83

$11.70

2017

$36.55

$9.00

$68.01

$11.70

2018

$38.14

$9.00

$71.19

$11.70

In addition to the rates above, and in relation to the project being undertaken in 2013 for the rehabilitation and upgrading of the Wastewater Treatment Plant, each user shall pay a Wastewater Treatment Plant Project surcharge equal to thirty-eight percent (38%) of the total as determined above.  The said surcharge will go into effect as to the first billing cycle in January, 2014, and shall be subject to the following:

(a)   The surcharge shall remain ineffect onJy as long as necessary to pay the debt service on the said Wastewater Treatment Plant Project (the "Project"), and upon the collection of funds from such surcharge sufficient to extinguish that obligation the surcharge shall then expire and no longer be assessed or collected.

(b)   On or after October 1, 2016, the following distributions shall be made from the proceeds of the surcharge accumulated to such date:

(1)   $1,000,000.00 shall be applied to the Projects costs in order to write down the amount of the Project costs being financed through a certain loan from the Kansas Department of Health and Environment (the "Loan").

(2)   $100,000.00 shall be transferred to a Wastewater Treatment Plant Maintenance Reserve Account to be used to pay for periodic maintenance costs of the Plant.  Any such funds remaining in this Account at the time the surcharge expires shall continue to be held and used for the periodic maintenance costs of the Plant

(3)   $540,997.70 shall be transferred to a Wastewater Treatment Plant Annual Loan Payment Contingency Reserve Account to be used at any time to the extent necessary if the proceeds of the surcharge are insufficient to pay in full any periodic Loan payment.  Any amounts remaining inthis Account shall also be used to make the final payment on the Loan at such time as all accumulated funds available therefor are sufficient to pay the Loan balance in full.

(4)   $1,352,494.25 shall be transferred to a Wastewater Treatment Plant Loan Reserve Account to satisfy the debt coverage ratio reserve requirements under the terms of the Loan.  Any amounts remaining in this Account shall also be used to make the final payment on the Loan at such time as all accumulated funds available therefor are sufficient to pay the Loan balance in full.

(c)   After making the distributions described in subsection (b) above, all proceeds of the surcharge shall be applied in the following manner and in the following priority:

(1)   First, to the payment of the annual debt service obligation on the Loan.

(2)   Each year, from any excess surcharge proceeds after satisfaction of subsection (c) (1) above, an amount not to exceed $150,000.00 shall be transferred into the Wastewater Treatment Plan Maintenance Reserve Account provided for in subsection (b) (2) to be used and applied as provided therein.

(3)   Each year, from any excess surcharge proceeds after satisfaction of subsection (c) (1) and (2) above, such proceeds shall be transferred to the wastewater utility general operating fund to the extent necessary and as determined by the governing body of the City to eliminate the necessity of making a rate increase to customers inside the City limits.

(4)   Any additional proceeds shall be used to replace any funds which have had to be expended out of either of the Reserve Accounts under subsections (b) (3) or (4) above, and for paying down the principal on the Loan and for the making of a final payment of the Loan balance.

(Ord. 4830-13; Ord. 4839-13; Ord. 4926-16)

The City of North Newton shall pay a minimum monthly charge of $492 plus $2.10 per 100 cu.ft. for the average monthly sewage flow as defined herein: The average monthly usage shall be determined annually based upon the water usage for the six month period from December through May of each year as actually metered, and the average month shall be calculated. This average monthly usage shall then be multiplied times 70.25 percent to determine average monthly sewage flow. The commodity charge of $2.10 per 100 cubic feet will be assessed monthly for this amount of sewage flow for each month of the coming year.

(Ord. 4003, Sec. 3)

Commercial, institutional and industrial users shall be billed in approximately equal monthly amounts based on quantity of water used.  Residential users shall be billed in approximately equal monthly amounts as determined by the average monthly winter water usage for each such residential user.  The average monthly winter water usage shall be determined annually, and shall consist of each user’s average monthly water usage during the months of December through February.  For these purposes, the average attained shall be rounded to the nearest billing increment (mid-point amounts being rounded up).  Effective within 90 days of the end of the month of February in each year, the billings to residential users shall be adjusted based on each such user’s average monthly winter water usage.  Each new residential user shall be billed for sewer service based upon the average water usage of all residential users during the last five (5) winter water usage periods for which the numbers are available at the time service is commenced, and that billing rate shall remain in effect for such user until the user is eligible for adjustment based upon the user’s own average monthly winter water usage.

(Ord. 4029-91; Ord. 4871-14)

Commercial, institutional, industrial users or other customers, other than residential, may apply for reduction of their water usage rate where specific portions of their monthly water use is not returned to the sewer system. Such application must be fully supported by acceptable evidence. The governing body shall consider such application and may grant, modify or deny the same.

(Ord. 4003, Sec. 5)

Any customer discharging into the sewage disposal system liquids of a biochemical oxygen demand (BOD) strength in excess of 300 milligrams per liter, or suspended solids (Suspended Solids) of a suspended solid strength in excess of 350 milligrams per liter, or fats, oils, greases, and waxes (Oil and Grease) strength in excess of 100 milligrams per liter, as determined by Environmental Protection Agency Methodology stipulated in 40 CFR Part 136 analysis procedures, shall pay a further monthly charge based upon quantity of water used and the costs of handling and treating such wastes in the amounts as shown below:

(a)   BOD:                         $0.42 per pound

(b)   Suspended Solids:      $0.34 per pound

(c)   Oil and Grease:          $2.85 per pound.

(Ord.4003; Ord. 4878-15)

The city manager is hereby authorized to negotiate and enter into agreements with parties who desire to make temporary or intermittent use of the sewage disposal system of the city in a manner other than by normal residential, commercial, institutional or industrial connection thereto of a permanent nature. Prior to entering into any such agreements, the city manager shall be satisfied that the substances to be discharged into such system are suitable for such disposal and will not create an unreasonable risk of harm to the sewage disposal system, or to the system’s ability to operate in compliance with all applicable state and federal regulations. Any such agreement shall, at a minimum, include the following;

(a)   The party contracting with the city shall provide, at such party’s expense, for all necessary testing and monitoring of the substances being discharged into the sewage disposal system of the city;

(b)   The party contracting with the city shall assume all responsibility and liability for any modifications, repairs, damages and expenses resulting from the discharge of any substances in violation of the terms and conditions of such agree; and

(c)   The rates to be paid to the city for such use shall be set forth in such agreement, and shall not be less than that which would be paid by a commercial, institutional or industrial user.

Nothing herein shall limit or restrict the ability of the governing body of the city to approve an agreement on other or different terms than those set forth above.

(Ord. 4029-91, Sec. 2)

(Code 2014)

No sanitary sewage service shall be rendered by the city’s sewage disposal system, sewers or wastewater treatment plant free of charge.

(Ord. 4003, Sec. 7)

The officer or employees of the city, who may be designated from time to time, shall cause all statements for sewage disposal service and wastewater treatment service rendered by the sewage disposal system of the city to be rendered monthly at the same time as statements for water and water service furnished by the city are rendered. The officers or employees of the city charged with the duty of preparing bills for sewage disposal and waste treatment service shall calculate the amount thereof and shall add the same to the amount of any bill presented to the customer for water or water services, and such bill shall be collected as a combined bill for water and sewage disposal furnished to such customer.

(Ord. 4003, Sec. 8)

If any bill for water and sewage disposal system service or either shall remain unpaid for 35 days following the rendition of the bill, water service to such customer may be disconnected as hereinafter provided. Not less than five days prior to any .such disconnection, the customer shall be informed in writing of the right to a hearing to present any dispute, extenuating circumstances or other matter relating and relative to the unpaid bill to a responsible employee of the water department authorized to resolve such matters. If the customer requests a hearing, it shall be held within seven days of the rendition of the notice of the possible action and notice of a right to a hearing. Once the customer has requested a hearing, no disconnection of service may take place until the hearing has been held, unless the customer fails to appear at the scheduled hearing. Once water services has been disconnected, it shall not be reconnected until all past due bills for water and sewage disposal system service, or either, are paid in full, together with a reconnection charge of $5.

(Ord. 4003, Sec. 9)

It shall be unlawful for any person or persons to tamper with any sewer line or sewer facility constituting any part of the city’s sewage disposal system or wastewater treatment system. Further it shall be unlawful to make any connection therewith without written permission from the city or to reconnect sewer service when such service shall have been disconnected until such time as a reconnection shall have been authorized by the city. Any person violating any of the provisions of this section shall, upon conviction thereof, be fined in any sum not less than $500 and not exceeding $1,000.

(Ord. 4003, Sec. 10)

There is hereby created in the office of the city treasurer a special fund to be known as the “Sewage Disposal System Revenue Fund”, into which fund shall be paid all sewage disposal service charges herein imposed, and out of which fund may be paid expenses of operation, maintenance, repairs, replacement, together with any requirements for debt service on any revenue bonds issued for the purpose of extending, enlarging, expanding or improving the sewage disposal system or wastewater treatment system of the city.

(Ord. 4003, Sec. 11)