ORDINANCE NO. 3243-2025, AN OR...

ORDINANCE NO. 3243-2025, AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF OTTUMWA, IOWA BY AMENDING SECTION 31-14 ENTITLED FEES AND CHARGES, COSTS FOR THE PURPOSE OF REVISING SANITARY SEWER FEES. This Ordinance was adopted by the Ottumwa City Council on March 18, 2025. SECTION ONE: The Municipal Code of the City of Ottumwa, Iowa is hereby amended by repealing and replacing sec. 31-14(b) as follows: Sec. 31-14. Fees and charges, costs. (b)(1) Each user shall pay for the services provided by the city based on the users portion of the treatment works as determined by water meter(s) acceptable to the city. (2) For residential, industrial and commercial contributors, user charges shall be based on water used during the current month. If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collections system, the user charge for the contributor may be based on a wastewater meter(s) or separate water meter(s) installed and maintained by the contributor's expense, and in a matter acceptable to the city. (3) Residential properties with more than a single dwelling unit, that are metered by a single meter, shall pay a base charge for each dwelling unit, plus the water usage rate for the property. (4) Effective July 1, 2022, the base charge per month shall be $18.25 per user. In addition, each contributor shall pay a user charge rate for operation, maintenance, debt service and replacement of $6.00/100 cubic feet (CF). Effective July 1, 2025, the base charge per month shall be $19.39 per user. In addition, each contributor shall pay a user charge rate for operation, maintenance, debt service and replacement of $6.38/100 cubic feet (CF). Effective July 1, 2026, the base charge per month shall be $20.65 per user. In addition, each contributor shall pay a user charge rate for operation, maintenance, debt service and replacement of $6.79/100 cubic feet (CF). Effective July 1, 2027, the base charge per month shall be $21.99 per user. In addition, each contributor shall pay a user charge rate for operation, maintenance, debt service and replacement of $7.23/100 cubic feet (CF). Effective July 1, 2028, the base charge per month shall be $23.42 per user. In addition, each contributor shall pay a user charge rate for operation, maintenance, debt service and replacement of $7.70/100 cubic feet (CF). Effective July 1, 2029, the base charge per month shall be $24.94 per user. In addition, each contributor shall pay a user charge rate for operation, maintenance, debt service and replacement of $8.20/100 cubic feet (CF). Effective July 1, 2030, the base charge per month shall be $26.56 per user. In addition, each contributor shall pay a user charge rate for operation, maintenance, debt service and replacement of $8.73/100 cubic feet (CF). Effective July 1, 2031, the base charge per month shall be $27.75 per user. In addition, each contributor shall pay a user charge rate for operation, maintenance, debt service and replacement of $9.13/100 cubic feet (CF). Effective July 1, 2032, the base charge per month shall be $29.00 per user. In addition, each contributor shall pay a user charge rate for operation, maintenance, debt service and replacement of $9.54/100 cubic feet (CF). Effective July 1, 2033, the base charge per month shall be $30.30 per user. In addition, each contributor shall pay a user charge rate for operation, maintenance, debt service and replacement of $9.97/100 cubic feet (CF). Effective July 1, 2034, the base charge per month shall be $31.66 per user. In addition, each contributor shall pay a user charge rate for operation, maintenance, debt service and replacement of $10.41/100 cubic feet (CF). Effective July 1, 2022, the commodity charge for American Bottling Company will be $7.50 per 100 cubic feet (CF). Effective July 1, 2025, the commodity charge for American Bottling Company will be $7.99 per 100 cubic feet (CF). Effective July 1, 2026, the commodity charge for American Bottling Company will be $8.51 per 100 cubic feet (CF). Effective July 1, 2027, the commodity charge for American Bottling Company will be $9.06 per 100 cubic feet (CF). Effective July 1, 2028, the commodity charge for American Bottling Company will be $9.65 per 100 cubic feet (CF). Effective July 1, 2029, the commodity charge for American Bottling Company will be $10.28 per 100 cubic feet (CF). Effective July 1, 2030, the commodity charge for American Bottling Company will be $10.95 per 100 cubic feet (CF). Effective July 1, 2031, the commodity charge for American Bottling Company will be $11.44 per 100 cubic feet (CF). Effective July 1, 2032, the commodity charge for American Bottling Company will be $11.95 per 100 cubic feet (CF). Effective July 1, 2033, the commodity charge for American Bottling Company will be $12.49 per 100 cubic feet (CF). Effective July 1, 2034, the commodity charge for American Bottling Company will be $13.05 per 100 cubic feet (CF). (5) Effective January 1, 2012 for those contributors who contribute wastewater, the strength of which is greater than normal domestic wastewater, as defined in chapter 31, sewers and sewage disposal, section 31-2, general sewer use requirements, 300 mg/l BOD and 300 mg/l TSS, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement will be for the following effective dates: Effective July 1, 2020, $0.319 per pound BOD and $0.354 per pound TSS Effective July 1, 2021, $0.345 per pound BOD and $0.382 per pound TSS Effective July 1, 2022, $0.373 per pound BOD and $0.413 per pound TSS In the event the city's National Pollutant Discharge Elimination System (NPDES) permit for the water pollution control facility is modified to include more stringent standards which result in increased costs the city staff reserves the right to modify and adjust the surcharge for operation and maintenance including replacement to cover the increase in costs. City staff includes the city administrator, director of finance, public works director, engineering department, wastewater superintendent or others as directed by city council. (6) Any user who discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the city's treatment works, or any user who discharges any substance which 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 user shall be as determined by the responsible plant operating personnel and approved by the public works director and the director of finance. (7) The user charge rates established in this article apply to all users within the city limits of the city's treatment works. Each contributor whose property or sources of wastewater lies outside of the city limits shall pay to the city, through its collection agent, the sewer charge, at his office at the time payment for city water is made. If city water is not used, the contributor shall pay the city clerk monthly for statements received from the finance department. The rates for contributors outside the city limits shall be 25 percent higher than the rate contributors within the city pay on commodity charge only. City reserves the right to negotiate through written contract with commercial users to adjust base charge and commodity charge as needed. (8) Private water supplies. The rates set forth above shall apply in all cases where privately produced water supplies are discharged into the sanitary sewer system. It shall be the duty of every person responsible for the production of such private water supply to report forthwith to the superintendent of the wastewater treatment plant and to cooperate with the superintendent to the wastewater treatment plan in the determination of the quantity and character of the waste originating from each such respective private water supply. The superintendent shall designate, in such special cases, any necessary means of measurements of such private water supply and resulting wastewater flow shall be installed by and at the expense of, the contributor upon written order of the superintendent of the wastewater treatment plant. For residential customers with no method to monitor wastewater flow, the finance department will bill them for the average residential consumption as provided by Ottumwa Water and Hydro, which at the date of this subparagraph (December 20, 2011) is five units (500 cubic feet) of water. However, if there is any evidence of abuse of this non-metered charge, the superintendent may reasonably request a wastewater flow meter to be installed. Said meter shall be installed by said residential customer. (9) Sewer hookup charge. If the property to be connected to a public sewer has not been assessed for any part of the cost of construction of the public sewer, or has been assessed as an un improved lot, the owner shall pay a special connection charge to the city for the use of the public sewers before the permit is issued. The amount of the fee shall be an equitable portion of the cost of the public sewers in relation to the benefits received by the property, based upon service area or lot dimensions, and shall be determined by the city engineer or public works director, subject to approval, modification, or revocation by the city council at its next regular meeting. For lots not specifically assessed, the hookup fee shall be $500.00 for non-residential property and $250.00 for residential property. (10) Other fees and charges. Significant industrial users will pay an application fee and an annual renewal fee as set by city resolution. Fees for laboratory tests and waste hauler dumping will also be set by city resolution. SECTION TWO. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance be held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion hereof. SECTION THREE. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION FOUR. Effective. This Ordinance shall be in full force and effect, from and after its passage, adoption, and approval and publication as required by law. SECTION FIVE. When this ordinance is in effect, it shall automatically supplement, amend, and become a part of the said Code of Ordinance (Municipal Code) of the City of Ottumwa, Iowa. The entire text of this ordinance may be inspected Monday through Friday, 8:00 A.M. to 4:30 P.M. at the City Clerks Office, 210 W. Main, 2nd Floor, Ottumwa, Iowa.