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HomeMy WebLinkAbout1975-OR-28ORDINANCE NO. 2~8 _ An ordinance establishing a new schedule of rates and charges to be collected by the City of jeffersonville from the owners of property served by the sewage works of said City, and other matters connected therewith. WHEREAS, the City has heretofore constructed and has in operation sewage works for the purpose of collecting and dispos- ing the sewage of the City in a sanitary manner and has recently constructed improvements thereto financed in part by a grant from the Environmental protection Agency; and WHEREAS, an examination of the existing schedule of rates and charges heretofore fixed by ordinances of the City has re- vealed that the schedule is unduly complicated, creates inequities as between residential and industrial users, and fails to meet the standards set by the Environmental Protection Agency for re- cipients of federal grants; and WHEREAS, it is necessary to establish a new and equitable schedule of rates and charges so as to produce sufficient revenue to pay expenses of maintenance and operation, to pay the princi- pal and interest on outstanding revenue bonds, and to provide funds for necessary replacements and improvements to the sewage works, all in a manner in accordance with standards of the En- vironmental Protection Agency; now therefore BE IT ORDAINED BY'THE COMMON COUNCIL OF THE CITY OF JEFFER- SONVILLE, INDIANA: Section 1o For the use of and the service rendered by said sewage works, rates and charges shall be collected from the owners of each and every lot, parcel of real estate or building that is connected with the City's sanitary sewerage system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewer- age system of the City of Jeffersonville, which rates and charges shall be payable as hereinafter provided and shall be in an amount determinable as follows: (a) The sewage rates and charges shall be based on the quantity of water used on or in the property or premises served by such sewerage system, as the same is measured by the water meter there in use, and shown by the consumption records of the water utility serving the City and its inhabitants, but subject to the modification as provided in Sec. 2 relating to water enter- ing the sanitary sewerage system from such property or premises from a source other than the water ut£1ity serving the City; and as is provided in Sec. normal domestic sewage. (b) Subject to Sec. 3 re~ating to surcharges for other than the quantity of waterused on which the sewage rates and charges are based shall be determined as follows: 1. For industrial-manufacturing users, said water used shall be as shown on the consumption records of the water utility serv- ing the City for the most recent complete billing cycle of said water utility. Sewage bills shall be rendered on the same cycle as that used by said water utility° The periodic sewer bill shall be determined by applying the rates set forth in (c) below to said monthly water use of each individual industrial-manufactur- ing user and to which shall be added any surcharge as is provided in Sec° 3 (e.g. if said water utility sends statements monthly, then the sewage bill shall be rendered monthly for the quantity of water as shown on the most recent statement of said water -2- utility and the charge calculated according to the rates in (c)l. below; if the said water utility sends statements bi-monthly, then the sewage bill shall be rendered bi-monthly for the quantity of water shown on the most recent statement of said water utility and the charge calculated according to the rates in (c)2. below.) 2. For all users other than industrial-manufacturing users, said water consumption records of the water utility serving the City shall be analized not less often than once each year.(or a period equaling twelve (12) months). Sewage bills shall be ren- dered once each month (or a period equaling a month). The monthly sewage charge shall be determined by applying the rates provided in (c)l. below plus any applicable surcharge as provided in Sec° 3 to the average monthly water consumption for the immediately pre- ceding year of each such user. At the option of the City~ however, and if the City finds it more equitable, sewage charges of each such user may be based on the average monthly water consumption for the preceding five (5) months of November through March instead of the preceding twelve (12) month period. (c) The water usage on which the amount of said sewage rates and charges shall be determined and the rates and charges shall be as follows: 1. For a monthly billin~ cycl~ Average Quantity of Water Used Per Month First 300 cubic feet Next 700 cubic feet Next 3,000 cubic feet Next 7,000 cubic feet Over 11,000 cubic feet Monthly Rate Per 100 Cubic Feet $1.00 .65 .60 .55 °47 -3 2. For a bi-monthly billing cycle Quantity of Water Used Bi-Monthly First 600 cubic feet Next 1,400 cubic feet Next 6,000 cubic feet Next 14,000 cubic feet Over 22,000 cubic feet Bi-Monthly Rate per 100 Cubic Feet $1.00 .65 .60 .55 .47 The minimum charge for any service where the user is a metered consumer shall be Three Dollars ($3.00). The minimum charge for any service where the user is not a metered water consumer shall be estimated and determined by means and methods satisfactory to the City° (d) The rates and charges fixed herein shall apply to lots, parcels of real estate or buildings located within the limits of the City of Jeffersonville.~ For service rendered by said sewage works to lots, parcels of real estate or buildings located out- side the limits of the City of Jeffersonville, the rates and char- ges, including minimum charge, shall be one hundred fifty per cent (150%) of those rates and charges established herein, and all other provisions herein set out shall be applicable to such users located outside of the City limits. _ (e) For the service rendered to the City of Jeffersonville, said City shall be subject to the same rates and charges herein- above provided, or to charges and rates established in harmony therewith. (f) All users shall be billed and pay according to the schedule of rates herein established° There shall be no free service. Section. 2. The quantity of water discharged into the City's sanitary sewerage system and Obtained from sources other than the -4 utility that such manner as the City shall reasonably elect, and the service shall be billed at the above appropCiate rates. serves the City shall be determined by the City in sewage Further, as is hereinafter provided in this section, the City may make proper allowances in determining the sewage bill for quantities of water shown on the records to be consumed, but which are also shown to the satisfaction of the city that such quantities do not enter the sanitary sewerage system. (a) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the City's sanitary sewerage system, either directly or indirectly, is not a user of water supplied by the water util- ity serving the City, and the water used thereon or therein is not measured by a water meter, or is measured by a water meter not acceptable to the City, then the amoun~ of water used shall be otherwise measured or determined by the City. In order to ascertain the rate or charge provided in this ordinance, the owner or other interested party, at his expense, may install and maintain meters, weirs, volumetric measuring devices or any ade- quate and approved method of measurement acceptable to the City for the determination of sewage discharge. (b) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the City's sanitary sewerage system, either directly or indirectly, is a user of water supplied bY the water utility serving the City and, in addition, is a user of water from another source which is not measured by a water meter or is measured by a meter not acceptable to the City, then the amount Of water used shall be otherwise measured or determined by the City. In order 5- to ascertain the rates or charges, the owner or other interested parties, at his expense, may install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the City for the determination of sewage discharge. (c) In the event two or more residential lots, parcels of real estate, or buildings discharging sanitary sewage, water or other liquids into the City's sanitary sewerage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each such case, for billing purposes, the quantity of water used shall be aver- aged for each user and the minimum charge and the sewage rates and charges shall apply to each of the number of residential lots, parcels of real estatE, or buildings served through the single water meter. (d) In the event two or more dwelling units such as trailers, apartments or housekeeping rooms discharging sanitary sewage, water or other liquids into the City's sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in such case billing shall be for a single service in the manner set out else- where, except that an additional charge shall be added thereto in the amount of Two Dollars per month for each dwelling unit over one (1) served through the single water meter. In the case of trailer parks, the number of dwelling units shall be computed and interpreted as the total number of trailers located and in- stalled in said park, plus any other dwelling units served through the meter. A dwelling unit shall be interpreted as a room or rooms or other living space or spaces in which cooking facil- 6 - ities are provided. (e) In the event a lot, parcel of real estate or building discharges sanitary sewage, industrial waste, water or other liquids into the City's sanitary sewerage system, either directly or indirectly, and uses water in excess of 5,000 cubic feet per month, and it can be shown to the satisfaction of the City that a portion of water as measured by the water meter or meters does not and cannot enter the sanitary sewage ,system, then the owner or other interested party shall install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the City for the determina- tion of sewage discharge° (f) Where a metered water supply is used for fire protec- tion as well as for other uses, the City may, in its discretion, make adjustments in the minimum charge and in the use charge as may be equitable. Section 3. In order that the rates and charges may be justly and equitably adjusted to the services rendered, the City shall have the right to base its charges not only on the volume, but also on the strength and character of the sewage and wastes which it is required to treat and dispose of. (a) The City shall have the right to measure and determine the strength and content of all sewage and waste discharges, either directly or indirectly, into the City's sanitary sewage system, in such manner and by such method as it may deem practi- cable in the light of the conditions and attending circumstances of the case in order to determine the proper charge. (b) Extra charges based on the strength of the sewage and liquid wastes shall be made on the following basis: 1. Rate Surcharge Based Upon BOQ For each measured pound of Biochemical Oxygen Demand in excess of 200 milligrams per liter of fluid, there shall be an additional charge of 8 cents per pound; and in the event that there is a fraction of a pound, then pro rata per fraction thereof. 2. Rate Surcharge Based Upon Suspended Solids. For each measured pound of suspended solids in excess of 250 milligrams per liter of fluid, there shall be an additional charge of 8 cents per pound; and in the event that there is a fraction of a pound, then pro rata per fraction thereof. (c) To determine the strength of the sewage and wastes, samplings and analyses shall be made from time to time whenever it is deemed desirable by the City. After charges have been es- tablished based upon the strength of sewage and wastes, the owner may request reconsideration of these charges by the City by submitting analyses'of composite samples of the sewage and wastes subject to such charges, certified by a Registered Engineer or a qualified graduate chemist. The City may then adjust the · d charges to the ordinance rates require by such analysis or may recheck the findings by additional samplings and analyses. The determination of Suspended Solids and Five-day Biochemical Oxygen Demand contained in the waste shall be in accordance with the latest copy of "Standard Methods for the Examination of Water, Sewage and Industrial Wastes", as written by the American Public Health Association, the American Water Works Association and the Water pollution Control Federation° Section 4~ A tap charge of Sixty Dollars ($60.00) shall be levied against each lot~ parcel of real estate or building that hereafter connects with the City's sewer system. In the event that a sewer connection is made from any lot, parcel of real estate or building directly to a sewer, the construction of which is financed by the issuance of sewage works revenue bonds, thus precluding any assessment or charge against such lot, parcel of real estate or building for a local or lateral sewer, then and in such case an additional connection charge in the amount of Three Hundred Forty Dollars ($340.00) shall be levied against said lot, parcel of real estate or building. Such tap charge and connection charge levied agaimst such property, viz. the total amount of Four Hundred Dollars (~400.00) shall be due and pay- able in full on the date construction of such sewer begins but the owner of such property~ upon written application to the Board of Public Works and Safety at that time, may be granted the privilege of paying said total charge in ten (10)equal annual installments of principal with interest at six per cent (6%) per annum on the unpaid balance. In the event of application for such deferred payment plan, the sum of Forty Dollars ($40.00) shall accompany the application and the remaining annual payments of principal shall be in the amount of Forty Dollars ($40.00) each to which shall be added in each case interest on the outstanding balance. In the event the tap charge or connection charge is not paid as required, suoh charge shall be collectible in the manner provided by statute. Section 5. For the purpose of this ordinance, the terms "Normal Domestic Wastes"~ "Sanitary Sewage", and "Industrial Wastes" shall be defined as follows: (a) "Normal domestic wastes" are hereby defined as wastes which do not exceed a BOD strength of 200 milligrams per liter -9- of fluid and in addition do not exceed a suspended solids strength of 250 milligrams per liter of fluid. (b) "Sanitary sewage" is hereby defined as the waste from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, basement drains, garage floor drains, bars, soda fountains, cuspidors, refrigerator drips, drinking foun- tains and stable floor drains, and all other water-carried wastes except industrial waste. (c) "Industrial wastes" are hereby defined as being the liquid waste resulting from any commercial, manufacturing or in- dustrial operation or process. Section 6. Such rates and charges shall be prepared, billed, and collected by the City in the manner provided by law and ordi- nance. (a) The rates and charges for all users other than industrial- manufacturing users shall be prepared and billed monthly. (b) The rates and charges for industrial-manufacturing users shall be prepared and billed on a basis which is in harmony with the billing cycle used by the water utility serving the City. (c) The rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owner, but such billing shall in no way relieve the owner from th~ liability in the event payment is not made as herein required. The owners of properties served, which are oc- cupied by a tenant or tenants, shall have the right to examine the collection records of the City for the purpose of determining whether bills have been paid by such tenant or tenants, provided that such examination shall be made at the office at which said records are kept and during the hours that such office is open 10- for business. (d) As is provided by statute, all rates and charges not paid when due are hereby declared to be delinquent and a penalty of ten per cent (10%) of the amount of the rates or charges shall thereupon attach thereto. The time at which such rates or charges shall be paid is now fixed atforty-five (45) days after the date of mailing of the bill. Section 7. In order that the rates .and charges for sewage servioes may remain fair and equitable and be in proportion to the cost of providing services to the various users or user classes, the City shall cause a study to be made within a reasonable period of time following the first 12 months of operation, following the date on which this ordinance goes into effect. Such study shall include, but not be limited'to, an analysis of.the costs associated with the treatment of excessive strength effluents from industrial users, volume and delivery flow rate characteristics attributed to the various users o= user classes, the financial position of the sewage works and the adequacy of its revenue to provide rea- sonable funds for operation and maintenance, replacements, debt service requirements and capital improvements to the waste treat- ment systems. Thereafter, on an annual basis, within a reasonable period of time following the normal accounting period, the City shall cause a'similar study to be made for the purpose of reviewing the fairness and equity of the rates and charges for sewage services on a continuing basis. Said studies shall be conducted by officers , or employees of the City, or by a firm of certified public account- ants, or a firm of consulting engineers which firms shall have ex- perience in such studies, or by such combination of officers, em- - 11 - ployees, certified public accountants, shall determine Section 8. or engineers as the City to be best under the circumstances. The Board of Public Works and Safety shall make and enforce such bY-laws and regulations as may be deemed necessary for the safe, economical and efficient management of the City's sewerage system, pumping stations and sewage treatment works, for the construction and use of house sewers and connections to the sewerage system, and for the regulation, ,collection, rebating and refunding of such rates and charges. The Board of Public Works and Safety is hereby authorized to prohibit dumping of wastes into the City's sewage system which, in its discretion, are deemed harmful to the operation of the sew- age treatment works of said City, or to require methods affecting pretreatment of said wastes~to reduce the characteristics of the waste satisfactory to the Board of Public Works and Safety. Section 9, Ail ordinances or parts of ordinances in conflict herewith are hereby repealed including specificallyOrdinances 1357, 1398, 69-0R-1, 72-0R-37, and 73-0R-2. The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts. Section 10. The rates and charges as herein set forth shall become effective on the first full billing period occurring af- ter the'adoption of this ordinance. Section 11. This ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Passed and adopted by the Common Council'of the City.of 12 - Jeffersonville on the Attest Clerk-Treasurer Presented by me to the Mayor of the City of Jeffersonville , 19l~, at the hour of This ordinance approved and signed by me on the ~_~ day of .~ , 197~, at the hour of ~ o'clock _~_.M. 13-