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HomeMy WebLinkAbout5846-09.08.2026_.docDocusign Envelope ID: 562DD6CC-F8C4-87D2-8049-9781D65E5E4E Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5846 AN ORDINANCE REPEALING SUBSECTION 1 OF TITLE 8, PUBLIC UTILITIES, CHAPTER 3, SEWER REGULATIONS, ARTICLE A, USER CHARGES AND FEES, SECTION 2, DETERMINATION OF RATES AND CHARGES, AND ENACTING IN LIEU THEREOF A NEW SUBSECTION 1 OF TITLE 8, PUBLIC UTILITIES, CHAPTER 3, SEWER REGULATIONS, ARTICLE A, USER CHARGES AND FEES, SECTION 2, DETERMINATION OF RATES AND CHARGES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Subsection 1 of Title 8, Public Utilities, Chapter 3, Sewer Regulations, Article A, User Charges and Fees, Section 2, Determination of Rates and Charges, of the Code of Ordinances of the City of Waterloo, Iowa, are hereby repealed and replaced as follows: ARTICLE A. USER CHARGES AND FEES SECTION: 8-3A-1: Wastewater Volume 8-3A-2: Determination Of Rates And Charges 8-3A-3: Charges And Fees 8-3A-4: Connection Charges 8-3A-4-1: Building Sewer Connection Charges; Determination 8-3A-4-2: Cross And Lateral Sewer Connection Charges 8-3A-4-3: Use Of Sewer Connection Charges 8-3A-4-4: Permitted Connections 8-3A-4-5: Violations And Penalties 8-3A-1: WASTEWATER VOLUME: A. For purposes of establishing user charges, the quantity of wastewater discharged to the POTW by a user shall be determined by and held to be the quantity of water used based on water meter readings of the waterworks or private water supply unless otherwise approved by the Superintendent. If a user shall use water which comes from a private water supply, the user shall meter the water at his own expense when required by the Superintendent and shall pay the appropriate user charges. B. All charges and fees not otherwise provided for in this article shall be set by resolution. (Ord. 4261, 10-6-1997) 8-3A-2: DETERMINATION OF RATES AND CHARGES: Each connection to the POTW shall pay user charges in accordance with the following schedule: 1. The maximum monthly rate for residential accounts shall be based on one hundred percent (100%) of the monthly water consumption during the winter months as determined and recorded by Waterloo Waterworks. Industrial users will be billed on actual water consumption unless otherwise approved by the General Manager. Any special or private contracts shall be metered at the user's expense. Docusign Envelope ID: 562DD6CC-F8C4-87D2-8049-9781D65E5E4E Ordinance No. 5846 Page 2 2. Users who have their own private wells shall pay a minimum sixty nine dollars seventy six cents ($69.76) per quarter, unless required to properly meter wastewater flows by the Superintendent. 3. Users who are located outside of the limits of the City shall pay double the rates specified herein, unless an agreement has been reached and signed between the City of Waterloo and the contributing municipality or entity. 4. If the rates as specified in this section are not paid when due as required by this section, there shall be added to the rates a penalty of five percent (5%). The Clerk shall certify to the County Treasurer all sewer rates, charges or rentals and penalties delinquent. 5. A surcharge for wastewaters in excess of domestic strength and containing no such chemical or other substances as would interfere with the proper operation of the purifying plant, shall be computed according to the following formula: BOD - $0.10/pound TSS - 0.10/pound TKN - 0.10/pound 6. The following sewer rental charge shall become effective beginning August 1, 2024: Minimum monthly chargel $23.25 Minimum quarterly charge2 $69.76 Per Ccf. over minimum monthly charge3 $3.73 Notes: 1. Includes first 3 Ccf. 2. Includes first 9 Ccf. 3. Ccf = 100 cubic feet of metered water used or metered wastewater discharge if provided in permit. 7. Effective July 1, 2026, sewer users with flow exceeding eight hundred million (800,000,000) gallons per year are eligible for the following rates: Minimum monthly charge $23.25 (includes first Ccf.) Per Ccf. over minimum monthly charge $2.984 (Ccf = 100 cubic feet of metered water used or metered wastewater discharge if provided in permit) Rates will be increased by the same applicable amount that rates under subsection A6 of this section are increased. (Ord. 4261, 10-6-1997; amd. Ord. 4482, 5-29-2001; Ord. 4699, 6-14-2004; Ord. 5091, 1-30- 2012; Ord. 5287, 6-8-2015; Ord. 5472, 11-13-2018; Ord. 5558, 6-1-2020; Ord. 5603, 6-7-2021; Ord. 5645, 5-16-2022; Ord. 5702, 5-15-2023; Ord. 5769, 7-1-2024; Ord. 5796, 6-2-2025) 8-3A-3: CHARGES AND FEES: A. Charges And Fees: The city may adopt charges and fees, which may include: 1. Fees for reimbursement of costs of setting up and operating the city's pretreatment program. 2. Fees for monitoring, testing, inspections and surveillance procedures. 3. Fees for reviewing accidental discharge procedures and construction. 4. Fees for permit applications. 5. Fees for filing appeals. Docusign Envelope ID: 562DD6CC-F8C4-87D2-8049-9781D65E5E4E Ordinance No. 5846 Page 3 6. Fees to specific contributing industrial users for consistent removal, by the city, of pollutants otherwise subject to federal categorical pretreatment standard. 7. Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters identified above and are separate from all other fees chargeable by the city. B. City's Scheduling Of Charges And Fees: 1. A surveillance monitoring fee of three hundred fifty dollars ($350.00) per installation of equipment shall be assessed against each user for which the city, rather than the user, installs surveillance monitoring equipment for the purpose of conducting wastewater sampling. 2. A sampling fee of one hundred thirty dollars ($130.00) per site visit for the purpose of wastewater sample collection shall be assessed against each user. 3. Fees for investigating accidental discharges shall be based on the time expended at twenty three dollars ($23.00) per hour. 4. Laboratory testing fees shall be based on actual expenses incurred for each parameter tested as specified in a fee schedule which the city shall approve and issue from time to time. 5. A wastewater discharge permit application fee shall be assessed each request for a wastewater discharge permit in the amount of twenty five dollars ($25.00). Wastewater discharge permit and/or permit renewal shall be assessed in the amount of two hundred dollars ($200.00). An additional fee shall be assessed in the amount of one hundred dollars ($100.00) for past due applications. 6. An appeal filing fee shall be assessed in the amount of one hundred dollars ($100.00). (Ord. 4261, 10-6-1997) 8-3A-4: CONNECTION CHARGES: 8-3A-4-1: BUILDING SEWER CONNECTION CHARGES; DETERMINATION: The charge for connecting to an existing public sewer in the near vicinity of a property for which it is desired that service be provided shall be determined as follows: A. Where the property to be served has been specifically assessed for the sewer facilities prior to the time of the application for connection, there shall be no additional connection charge, unless at the time of assessment a deficiency was allowed. Then, the sewer connection charge shall be equal to the deficiency previously allowed. B. Where the property to be served has not been assessed or is not subject to an assessment of a special tax for the construction of the sewer facilities to which connection is sought and said sewer was built through assessments, the connection charge shall be equal to the average front footage charge assessed to all property on the sewer involved applied to the front footage of the property to be served. Where the property has frontage on two (2) intersecting streets, the footage to which the charge shall be applied shall be the one considered the front in all usual proceedings for assessments. Where unusual parcel shape would make the charge inequitable to the owner or to the city, the frontage shall be taken as the lot width at the face of the building. C. Where the property to be served has not been subject to assessment for the cost of the public sewer, constructed before January 1, 1978, and the cost thereof was paid by general taxation, the sewer connection charge shall be calculated on the basis of five dollars fifty cents ($5.50) per front foot of actual lot frontage, as hereinabove defined, plus fifty dollars ($50.00) hookon. D. Where the property to be served has not been subject to assessment for the cost of the public sewer constructed after January 1, 1978, and before January 1, 1982, and the cost thereof was paid by general taxation, the sewer connection charge shall be calculated on the basis of fifteen dollars ($15.00) per front foot of actual lot frontage as hereinbefore defined or the actual front footage construction cost (including engineering, real and administrative charges) whichever charge is lesser, plus a hookon charge in the amount of two hundred dollars ($200.00) per acre prorated to lesser portions of an acre with a minimum hookon charge of fifty dollars ($50.00) per hookon. Docusign Envelope ID: 562DD6CC-F8C4-87D2-8049-9781D65E5E4E Ordinance No. 5846 Page 4 E. Where the property to be served has not been subject to assessment for the cost of the public sewer constructed after January 1, 1982, and the cost thereof was paid by general taxation, the sewer connection charge shall be calculated on the basis of the actual front footage construction cost (including engineering, real and administrative charges), plus a hookon charge in the amount of two hundred dollars ($200.00) per acre prorated to lesser portions of an acre with a minimum hookon charge of fifty dollars ($50.00) per hookon. (Ord. 4261, 10-6-1997) F. The subject matter of this section is legally described as follows: Property lying within the North One-half (1/2) of the Northwest Quarter (1/4) of Section 14, Township 88, Range 13 West, City of Waterloo, Black Hawk County, Iowa, except right-of-way of E. Shaulis Road and Hammond Avenue (hereinafter "described property"). All "described property" not currently assessed for the cost of the public sewer which proposes to be served by the public sewer or any extension of the public sewer shall be assessed a hookon charge at the rate of one thousand one hundred twenty four dollars sixty seven cents ($1,124.67) per acre. This hookon charge shall be paid in full by the developer in lump sum within thirty (30) days of the city council's acceptance of a subdivision final plat that is within the "described property". The areas to be used for calculating the hookon fee shall include the entire area of the subdivision, including street rights of way, and any included or adjoining areas not used for residential or commercial development, including, without limitation, ponds, lakes, and parks. Any area not included in a subdivision final plat but that is a part of the "described property" and which proposes to hook on to the public sewer or any extension of it shall, at the time the property owner or user applies to hook on to the public sewer or any extension of it, pay in full any lump sum it owes to hook on to the public sewer or any extension of it. Hookon charges for unplatted areas shall be determined by the size of the entire parcel being served. G. The provisions of the hookon charge provided for in this section shall not apply to any property covered by a specific hookon charge ordinance (Ord. 4469, 4-16-2001) 8-3A-4-2: CROSS AND LATERAL SEWER CONNECTION CHARGES: Before a permit for a new cross or lateral sewer connection to a main sewer shall be granted, the applicant shall have complied with the terms and conditions for such connection established by the city council. Such terms and conditions may include, but not be limited to, engineering design, construction standards, requirements for inspection of construction of the applicant's sewer, and the setting of equitable fees to be paid for the right to connect to public sewer and all facilities to which the sewer will be contributory. (Ord. 4261, 10-6-1997) 8-3A-4-3: USE OF SEWER CONNECTION CHARGES: Such charges shall be due without regard to whether the facilities involved, trunk sewers or POTW have been paid for in full or whether prior assessments and other resources will cover all costs for such facilities. Connection charges shall be deemed a refund of amounts yet to be or previously paid by the city from its funds for the additional service made available to the applicant. (Ord. 4261, 10-6-1997) 8-3A-4-4: PERMITTED CONNECTIONS: No building sewer connection shall be made to a public sanitary sewer which is not in front of the property to be served unless the public sewer cannot feasibly be extended and the building sewer can be connected without creating difficulties for other utilities in the street or unless any such difficulties are offset by a definite public advantage in having the connection. No building sewer shall be connected directly into a manhole more than six inches (6") above the flow line therein. Where a public sewer is extended by an applicant at his own expense, it shall be constructed in accordance with the specifications of the city for public sewers and connection charges may be reduced by the cost thereof, in whole or in part. (Ord. 4261, 10-6-1997) 8-3A-4-5: VIOLATIONS AND PENALTIES: Any person which shall make a connection without paying connection charges due under this section 8-3A-4 or in any manner violate the other terms of this section 8-3A-4 shall be, upon conviction, deemed guilty of a misdemeanor and subject to fine and imprisonment as provided by law. (Ord. 4261, 10-6-1997) Docusign Envelope ID: 562DD6CC-F8C4-87D2-8049-9781D65E5E4E Ordinance No. 5846 Page 5 INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: September 8, 2026 September 8, 2026 September 8, 2026 PASSED AND ADOPTED this 8th day of September 2026. ATTEST: Signed by: f cleat Kel el� y etchie,�City Clerk Signed by: �awu� fbtsun, 393E8397B3D3421... David Boesen, Mayor CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5846 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 8th day of September, 2026. Witness my hand and seal of office this 8th day of September, 2026. SEAL wT. k _ u ��f�� 0 • Signed by: Kelley fetGat KKeelrey etcti` e City Clerk