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HomeMy WebLinkAbout47-97 OrdinanceRECORD OF ORDINANCES Devton Leeal Blank Co. Form No. 30043 47-97 Ordinance No._______ Passed-- --- -- ------ ----- --- --19- -- --- AN ORDINANCE AMENDING CHAPTER 51 OF THE CODIFIED ORDINANCES OF DUBLIN AND DECLARING AN EMERGENCY (Sewer Charges) WHEREAS, the Ciry of Dublin has a contract with the City of Columbus for sewer services; and WHEREAS, the City of Dublin is responsible for the cost of operations and maintenance of the system as well as related capital improvements; and WHEREAS, the City of Dublin was awarded aloes-interest loan from the Water Pollution Control Loan Fund by the Ohio Environmental Protection Agency (Ohio EPA) to fund the City's segment of the Upper Scioto West Interceptor; and WHEREAS, the Ohio EPA requires that certain language be included in the Ordinance which establishes the City's sewer charges; and WHEREAS, it is necessary to revise and amend Chapter 51 of the Codified Ordinances of Dublin to be in compliance with the Ohio EPA's loan requirements; and WHEREAS, Sections 51.60 through 51.63 of the Codified Ordinances of the City of Dublin need to be deleted and replaced with the revised sections included in this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, elected members concurring: Section 1. That Section 51.60 provide definitions applicable to this chapter. 51.60 DEFINITIONS For the purpose of this chapter, the meaning of the following terms shall be defined in this Section: (a) "Debt Service Charge" shall mean the charge assessed to users of the sewerage system for the retirement of principal and interest payments on outstanding debt authorized and issued by the City to construct sewage system facilities. (b) "Operation and Maintenance Costs" shall mean the costs in keeping all equipment facilities used in collecting and pumping sewage in a good state of repair and functioning properly. (c) "Replacement" shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances that are necessary during the useful life of the sewerage system to maintain the capacity and performance for which such system was designed and constructed. ~.r (d) "Sewer Service Charge" shall mean the total charge levied against users of the sewerage system for sewer service. This includes debt service, operation and maintenance costs, replacement costs, plus the rates charged by the Ciry of Columbus. (e) "Sewerage System" shall mean all of the facilities required to transport sewage from the premises of the source to a sewage treatment facility. (f) "User Charges" shall mean the costs to users by the City of Dublin for operation and maintenance costs, and replacement costs. This excludes any charges by the City of Columbus. RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 47-97 (Continued) Ordinance No.--- --- ----- -------- Passed ----------- --------19 ----- - Section 1. (Continued) (g) "User Classes" shall mean the following groups of users as hereby defined. • Residential -shall mean a principal family residence classified as single family, multi-family, or apartment dwelling, discharging normal domestic wastewater into the sewerage system. • Commercial user -shall mean all users who discharge wastewater from anon-industrial business establishment into the sewerage system. • Industrial user -shall mean users discharging wastewater resulting from manufacturing activities involving the mechanical or chemical transformation of materials or substance into other products. This user class includes facilities such as plants, factories, or mills, and characteristically use power-driven machines and material handling equipment. • Governmental/Institutional -usually include users such as hospitals, nursing homes, schools, city, county, state, or federal buildings or facilities that discharge wastewater to the sewerage system. (h) "Normal Domestic Sewage" shall mean the wastewater discharged by the average residential user and excludes trade or process waters. The strength, in terms of Biochemical Oxygen Demand ~. and Suspended Solids, for normal domestic sewage is used to determine the surcharge for industrial users and/or commercial users discharging higher than normal domestic strength wastewater. (i) "National Pollutant Discharge Elimination System (NPDES) Permit" shall mean any permit or equivalent document or requirements issued by the state water pollution control agency to regulate the discharge of pollutants. Section 2. That Section 51.61 establish the necessity of charges. 51.61 NECESSITY FOR CHARGES It is hereby determined necessary that a system of charges for sewage service be established which allocates the cost of providing sewer service to each user in such a manner that the allocated costs are proportionate to the cost of providing sewer service to that user, insofar as those costs can reasonably be determined. Section 3. That Section 51.62 identify the rate establishment procedures. w•• 51.62 RATE ESTABLISHMENT PROCEDURES ~""" The City will review annually, its system of charges for operation and maintenance costs, and replacement costs to determine whether or not the rates are sufficient to produce the needed revenue to defray these costs rates shall be established so as to maintain adequate fund reserves to provide for reasonably expected variations in the cost of providing services, as well as variations in the demand for services. RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 47-97 (Continued) Ordinance No.------------- ------ -- Passed- ---- --- - - - - ---- ------- ---19-- --- Section 4. That Section 51.64 establish the rate schedule for user charges. 51.64 RATE SCHEDULE FOR USER CHARGES ~ (a) The following rate is the charge for sewer service and use and is based on metered consumption of water: ~"""" Rate Per 1,000 Cubic Feet Debt Effective Date OM&R Service Total 01/01/96 $4.711 $3.639 $8.350 (b) These rates are in addition to the sewer rates charged by the City of Columbus. Section 5. That Section 51.65 establish a method for collection and enforcement of the user charges. 51.65 COLLECTION OF USER CHARGES The City of Columbus administers the billing and collecting of user charges for the City as provided by contract. (a) A billing for sewer user charges is rendered on either a monthly or quarterly basis. (b) Each sewer user charge rendered under or pursuant to this chapter is hereby made a lien upon the corresponding lot, parcel of land, building or premises served by a connection to the sewerage system of the City, and, if the same is not paid within ninety days after it is due and payable, it shall be certified to the appropriate County Auditor by the City of Columbus, who shall place the same on the tax duplicate of the County with the interest and penalties allowed by law and be collected as other taxes are collected. Section 6. That Section 51.66 establish a method to notify users of the sewerage system what portion of user charge is attributable to the operation and maintenance costs and replacement costs. 51.66 ANNUAL NOTIFICATION OF CHARGES The City will notify each user, at least annually, in conjunction with a regular bill or other acceptable means, what portion of the sewer service charge is attributable to the operation and maintenance costs, and replacement costs for sewer service. All users discharging wastes to the sewerage system shall be billed for usage of the City's sewerage system and for treatment provided by the City of Columbus. Section 7. That Section 51.66 establish sewer capacity charges. 51.66 CAPACITY CHARGES For the purpose of providing revenue to help finance and to more equitably distribute the ~""" cost of the construction of necessary additions to the sewerage system, it is necessary to provide for the establishment of a sewer capacity charge with such charge in addition to any and all other fees which may be imposed with respect to the sewerage system. (a) No person shall make a service connection to the City's sewerage system or any part thereof, unless he has been issued a permit to do so by the City. RECORD OF ORDINANCES Davton Leeal Blank Co. Form Na. 30043 47-97 (Continued) Ordinance No._______________________ Passed _____ Section 7. (Continued) _19 (b) The fees to be charged for permits to connect to the sewerage system shall be based upon the domestic supply water tap size as follows: Diameter of Effective Date Water Tap 01/01/96 3/4" $1,600 1" 3,413 1-1/2" 8,747 2" 15,147 3" 31,573 4" 49,280 6" 112,000 8" 197,120 10" 307,200 12" 442,453 16" 493,013 (c) In the event a tap is subsequently enlarged, the difference between the charges for the two tap sizes shall be paid. (d) These fees are in addition to any charges made by any other governmental agency. The City of Columbus charges a capacity charge which is collected by the City. The City retains a percentage of those fees, as outlined in the sewer contract. After December 31, 2000, the City will not retain any portion of the Columbus capacity charge. (e) City Council may, by a majority vote, in such cases where unusual circumstances and an imminent hardship warrant it, waive all or part of the capacity charges herein. Section 8. That Section 51.67 establish the distribution of sewerage system revenues and utilization of funds. 51.67 DISTRIBUTION OF SEWERAGE SYSTEM REVENUES AND UTILIZATION OF FUNDS Revenues received from the user charges and capacity charges shall be credited to the Sewer Fund and utilized to operate and maintain the sewerage system, replace equipment as necessary, retire sewerage system debt and make capital improvements to the system as determined necessary. Section 9. That the public hearing be waived as a result of the Ohio EPA's request to receive the amendments as soon as possible. Mayor - Presi mg Officer Aso ~~~ 40 ' ~L2 ATTEST: ,~o'` `o~ao ~.~o° Clerk of Council `c`~ ~ ~~~~ ~y o`~ ~`~~ ~ ` o,`5e Passed this ~ day of , 1997 ` . ~ ~. r`' ~. a `~`~ ~~~~~~ ^` ~ ,~• s;~o ~~ 5¢ Section 10. That this Ordinance shall take effect and be in force in accordance with Section 4.04(a) of the Dublin City Charter. . ~~`~ N T E R MEMO O F F I C E To: Members of Dublin City Council From: Timothy C. Hansley, City Manager Subject: Ordinance 47-97, Amendments to Chapter 51 of the Codified Ordinances Date: March 26, 1997 Initiated by: Marsha I. Grigsby, Director of Finance This Ordinance is necessary to comply with the Ohio Environmental Protection Agency's (Ohio EPA) language requirements for ordinances establishing sewer system charges. We are required to comply with various Ohio EPA requirements as a result of receiving glow-interest loan from the Water Pollution Control Loan Fund for the construction of the Upper Scioto West Branch Interceptor. The Ohio EPA requires that ordinances establishing rates include the following: definitions; a breakdown identifying how much of a user fee is for operations, maintenance and repairs, and debt service obligations; and the method of collecting user fees. Chapter 51 does not currently include this information and therefore must be amended. This Ordinance does not change any user fees or capacity charges currently in effect nor does it change our method of collection. T:\PER\DKP\97\049-7-MG. WPD