Ordinance 2010-02

Ordinance Compiling and Updating the Monthly Water and Sewer Charges and Related Expenses

WHEREAS, the Council for the Village of Killbuck and the Board of Trustees for Public Affairs of the Village of Killbuck have determined that there is a need for a compilation of all the rates and charges relating to the Killbuck Waterworks and the Killbuck Sanitary Sewer System for the benefit of the citizens of the village of Killbuck; and

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WHEREAS, the Village Council and the Board of Trustees for Public Affairs acknowledge that this ordinance shall not contravene the rights and duties of the Trustees of the Board of Public Affairs in regulating and setting fees for water usage pursuant to Ohio Revised Code section 739.29 nor the rights and duties of the Village Council in regulating and setting fees for usage of the Sanitary Sewer System pursuant to Ohio Revised Code section 729.49;

NOW THEREFORE, be it ordained by the Council of the Village of Killbuck, County of Holmes and the State of Ohio as follows:

SECTION I:

A. Charges for water use shall be nineteen dollars ($19.00) per month. Water charges for residents who live outside of the village limits shall be thirty-one dollars ($31.00) per month. An additional rate increase of $3.00 per month shall become effective starting on January 20th for each of the following years: 2011, 2012, 2013, and 2014. The rate charges (per month) for residents who live outside of the village limits shall be $34.00 in 2011, $37.00 in 2012, $40.00 in 2013, and $43.00 in 2014 effective on January 20th of that year.

B. Charges for users of the sanitary sewer system located within the Village of Killbuck shall be at the minimum monthly rate of forty-one dollars ($41.00) per month for each single family equivalent (S.F.E.) and shall be computed pursuant to this ordinance and terms and conditions set forth in the User Charge System for Operation, Maintenance and Replacement of equipment of the wastewater treatment facilities dated October 1982. (See exhibit a, entitled “Design Flows Used To Determine Equivalent Dwelling Units.”) Sewer rate charges for any user who lives outside of the village limits shall be seventy-one dollars ($71.00) per month. The monthly minimum use fee for all users of the sanitary sewer system shall be ten dollars ($10.00) per month.

C. Single Family Equivalents and the rates established by using such equivalents shall be defined and calculated as follows:

  1. Single Family Equivalent (S. F. E.) - A Single Family is a number of connections to the system, in the following categories or classifications, multiplied by the stated factors and 766 gallons per day (gpd), totaled and divided by 766 gpd which included extraneous flows: Single family, multiple family, and all other connections that are residential in nature except such commercial establishments as hotels, motels, or mobile home park primarily used for transit parking. The charge to customers in this user class shall be based on the following factors:
    1. Single Family Residence
      1.0 factor
    2. Multiple Family Residences and Apartments
      1.0 factor
    3. Mobile Homes and House Trailers
      1.0 factor
  2. Commercial and Public Authority Customers - Commercial and Public Authority Customers are those who discharge waste primarily from sanitary convenience. This class includes all customers who generally provide a service or a product for public use. It does not include manufacturing establishments that require process water and discharge manufacturing wastes to the sewer system. The charge to customers in this user class shall be based on the following factors:
    1. Churches
      1.0 factor
    2. Stores, Restaurants and Bars
      1.14 each urinal & water closet
      0.50 each sink
      0.32 each slop sink
      Garages and Gasoline Stations
      1.14 each urinal & water closet
      Drive in Restaurants
      0.50 each sink
      0.32 each slop sink
      Professional & Business Offices, Banks, Barber Shops and Beauty Parlors
      1.14 each urinal & water closet
      0.50 each sink
      0.32 each slop sink Bowling Alleys, Theaters, Lodges, and Clubs, Roller rinks and City Halls
      1.0 each urinal & water closet
      0.32 each sink
    3. Hotels and Motels
      0.32 each bedroom
    4. Rooming Houses
      1.14 each bedroom exceeding four in no.
    5. Hospitals, Nursing, or Rest and Convalescence Homes
      0.60 per bed
    6. Athletic Stadiums, Field Houses, Parks and Recreational Camps
      0.60 per toilet or urinal
      0.24 per kitchen sink
      0.16 per slop sink
    7. Laundromat
      0.30 per machine
    8. Car Wash
      1. Each Single Stall-Manual
        1.20 factor
      2. Each Single Stall-Automatic
        5.30 factor
      3. Each Drive Through-Automatic
        18.80 factor
    9. Schools
      0.06 per pupil & each regular employee
  3. Industrial Customers - Industrial Customers shall include all customers who contribute wastes other than or in combination with wastes from sanitary conveniences. This class of user is further defined in the Standard Industrial Classification Manual, 1972 Office of Management and Budget, as amended and supplemented, under Division D - Manufacturing. The charge to this class of user shall be based upon the volume of flow and quantity of pollutants as determined by metering and/or other measuring devices that may be required by SECTION 2C, Items 1, 2 and 3 as hereinafter provided.
    1. Industrial establishments and warehouses without process water or manufacturing waste discharges and discharge only un-metered sanitary wastes.
      0.20 S. F. E. per each regularly employed on the premises
    2. That when a premise is supplied either in whole or in part with water from wells or any source other than a public water supply, such wells or sources of supply shall by registered in writing to and on a form furnished by the Village. The owner of the premise shall install and maintain at his expense, a meter(s) or acceptable to the Village on all such supplies, and the quantity of water to determine the sewerage service charge shall be the quantity as measured by the meter or meters.
    3. That when a person, firm or corporation can show to the satisfaction of the Board of Public Affairs or Successor Body that a portion of the water as measured by the water meter (s) does not enter the sewerage system, said person, firm or corporation may submit an application on a form provided by the Village for installation of an auxiliary water meter. The Board of Public Affairs or Successor Body has the authority to permit or to require additional meter (s) to be installed at the applicant’s expense.

SECTION II:

Water and sewer charges not paid by the twentieth (20th) of each month shall incur an additional five dollar ($5.00) late fee per month for residential users and an additional ten dollars ($10.00) late fee per month for commercial users. Water and sewer charges that have not been paid as a result of insufficient funds (i.e. returned check) shall be treated as forty-five (45) days past due and will result in a shut-off of the service, without notice.

SECTION III:

Any water or sewer bill that remains unpaid for forty-five (45) days will result in a shut-off of the service, without further notice. The costs of reconnection of water services shall be fifty dollars ($50.00). The costs of reconnection for those receiving sewer service only shall be five hundred dollars ($500.00). Prior to reconnection of the water or sewer service, the account must either be paid in full or an approved payment plan must be established between the account holder and the Board of Trustees for Public Affairs. The payment plan shall require a monthly payment of at least 1½ times the regular monthly charge. Partial payments will not be accepted by the village and shall result in the disconnection of service. Any person or persons have the right to have a hearing with the Board of Public Affairs regarding their delinquent water/sewer bills, upon request and reasonable notice to the Board of Public Affairs.

SECTION IV:

Water and sewer charges are the responsibility of the owner and properly documented lessees of such property. Property owners and the documented lessees are jointly and severally liable for unpaid water/sewer bills. Partial payments are unacceptable for keeping the water/sewer from being shut-off. All users must pay their account in full each month or agree to a payment plan with the Fiscal Officer or the Board of Trustees for Public Affairs. Partial payments will not be accepted by the village and shall result in the disconnection of service.

SECTION V:

The Village of Killbuck and the Board of Trustees for Public Affairs to recover unpaid water/sewer fees by certification on the tax records and/or any other means available to them through the legal system. Unpaid water/sewer fees will be certified and reported to the auditor within 30 days following the suspension of water/sewer service by village officials. In addition, any account that has been inactive for 30 days and has an outstanding balance due at that time may be certified and reported to the auditor for tax purposes. If the unpaid water/sewer charges are certified to the auditor, those charges will become a lien on the property that will run with the land until paid in full.

SECTION VI:

No new account for water/sewer service may be established with the Village of Killbuck until all previous water/sewer accounts are paid in full. The Village of Killbuck reserves the rights to refuse to establish a new water/sewer account for any individual, lessee/renter, or property owner with an outstanding balance on any current or previously held account.

SECTION VII:

Sanitary sewer users who have an outstanding account balance may have their service limited by the Village of Killbuck through the capping or plugging of the sewer line. The Village reserves the right to contact local health authorities regarding potential health code issues/violations on that property.

SECTION VIII:

The Village shall have the right to charge an additional fee for costs incurred due to the handling or treating of unusual discharges or extra-strength waste. Monthly charges shall be computed pursuant to the formula set forth for Industrial Users, contained in the User Charge System for Operation, Maintenance and Replacement of equipment of the wastewater treatment facilities dated (see exhibit A and the Sewer Use Ordinance).

SECTION IX:

Any user requesting a new water service tap will be required to pay a fee of five hundred ($500.00) dollars to cover the materials and installation of a standard ¾” tap connection. If the required tap is larger than ¾”, the user will be charged an amount equal to the costs of time and materials for the tap and installation (with a minimum charge of $500.00).

Anyone seeking a tap for sewer service will be charged an amount equal to the costs of time and materials for the sewer tap and installation (with a minimum charge of $500.00).

SECTION IX:

Any duly authorized employee or agent of the Village of Killbuck bearing proper credentials and identification shall be permitted at all reasonable times to enter upon all properties within the corporate limits of the village or outside the village that has contracted for water and wastewater treatment service, for the purpose of inspecting, observing, measuring, sampling, and testing as may be required in pursuance of the implementation and enforcement of the terms and provisions of this section. In the event of an emergency as determined by the Village, any entry onto a property shall be deemed to be reasonable.

While performing the necessary work on private properties as referred to in this section, the duly authorized employees of the Village of Killbuck shall observe all safety rules applicable to the premises established by the commercial or industrial user. The user shall endeavor to make the Village of Killbuck employee aware of all such rules.

SECTION XI:

Definitions

A. Sewage strength for residential users is defined as follows:
Normal Domestic Sewage - BOD = 250 mg/1 SS = 250 mg/1

  1. BOD is equal to the Biochemical Oxygen Demand at 5 days at 20 degrees C and is a measure of sewage strength based on the amount of oxygen used up by the microorganism present in the sewage.
  2. SS means Suspended Solids: Removable solids suspended in the wastewater.

B. Operation and Maintenance (O & M) is defined as the operation and maintenance of treatment facilities, collection system, sludge disposal and laboratory analyses.

C. Replacement Costs (R) - Replacement costs is the replacement costs of equipment that will not last the 20 year design life.

D. Debt Services - Debt service is the interest and capital costs for local share costs.

E. User Charges - User charges are costs allocated to users based on operation, maintenance and replacement for plant and collection system, administrative costs, billing costs, delinquent accounts and extraneous flows.

F. Infiltration and/or Inflow (I/I) - Infiltration and/or Inflow into the collection system from sources other than the users - also known as extraneous flows.

G. Industrial User - Industrial User is defined as waste generated from manufacturing facilities which include greater concentrations of BOD, SS and higher flows than residential users.

H. Commercial Users - A Commercial User is any establishment involved in trade activities or service which discharges domestic wastes and/or wastes from sanitary facilities.

I. Institutional Classes - Institutional Classes are defined as those institutions such as Churches, Village Halls and Schools.

J. Sewer Rate - Sewer Rate is a charge that includes a charge for operation, maintenance and replacement costs, debt service, administrative costs, billing costs, delinquent accounts and extraneous flows.

SECTION XII:

The Superintendent of Sewers and the Clerk of the Board of Trustees of Public Affairs or their successors are authorized and directed to collect all sewer revenues and enforce the provisions of this ordinance and the provisions of the User charge System for Operation, Maintenance and Replacement of equipment of the Wastewater Treatment Facilities set forth, to keep an accurate record thereof, and to report all monies so received.

SECTION XIII:

Grievances and Appeal. Grievances and appeals shall be submitted to the Village Clerk, to be reviewed by the Superintendent of Wastewater, the Board of Public Affairs and the Village Solicitor. If the issue cannot be settled, it shall be referred to an acceptable third party for arbitration.

SECTION XIV:

Partial Invalidity not to effect the remainder. In the event any portion of this ordinance should be declared invalid, the validity of the other portions hereof shall not be affected but shall remain in full force and effect.

SECTION XV:

This ordinance is supplemental to any and all waterworks and sanitary sewer ordinances currently in effect, except that the terms contained in any other ordinance pertaining to the sanitary sewer system and waterworks that in contravention to the terms contained herein shall be null and void.

SECTION XVI:

This ordinance shall be enforced and taken into effect from and after the earliest period allowed by law.

APPROVED: Denny Hahn, Mayor

ATTEST: Nyla Burick, Fiscal Officer