Ordinance 999 - City Sewer User Rates4 80
ORDINANCE NO. 999
AN ORDINANCE TO REPEAL SECTIONS #23-6 AND #23-7 AND TO AMEND SEC-
TIONS #23-5 AND #23-12(b), KALISPELL CITY CODE; TO PROVIDE FOR
ADOPTION OF CITY SEWER USER RATES BY METHOD AND PROCESS ALLOWED BY
STATE LAWS; TO PROVIDE FOR ADOPTION OF RULES AND REGULATIO14S FOR
OPERATION OF CITY SEWER UTILITY BY METHOD AND PROCESS AS ALLOWED
BY STATE LAWS; TO PROVIDE FOR IMMEDIATE EFFECTIVE DATE UPON PASS-
AGE AND APPROVAL AND TO DECLARE AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
AS FOLLOWS:
SECTION I. The following sections of the Kalispell City Code
and portions of ordinances upon which the codification or amend-
ment thereof is based, are hereby repealed:
# 23--6
# 23-7
SECTION II. Section #23-5, Kalispell City Code, (.Ordinance
#632,(3) is hereby amended to hereafter read as follows:
Sec. 23--5. Establishment generally; basis.
There is hereby charged against every person
using or making use of the sewerage system, in-
cluding sanitary sewers, storm sewers and sew-
erage disposal plant of the city, charges or
rentals for the services and benefits, directly
or indirectly, furnished thereby, which rates,
charges or rentals shall be as near as possible
equitable in proportion to the services and
benefits rendered and shall take into consider-
ation the quantity of sewage produced and its
concentration and water pollution qualities in
general and the cost of its disposal and which
charges shall be fixed on the basis of water
consumption as modified and increased by the
cost of disposal and such other above named fac-
tors.
SECTION III. Section #23-12(b), Kalispell City Code, (Ordin-
ance #632, Sec. 1(2)) is hereby amended; all other portions of Sec-
tion #23--12, Kalispell City Code, shall remain in full force and
effect. Hereafter said Section #23--12(b) shall read as follows:
(b) Special account; allocations. There is
hereby created and the treasurer shall maintain
a "Special Sanitary Sewer Capital Improvement
Fund" account. All connection fees collected
by the city treasurer pursuant to this section
shall be deposited into such account. The funds
accumulated in such account shall be retained
therein and used by the city only for the pur-
pose of replacement or:capital improvement of
the existing sanitary sewer system of the city.
It is the intent of the council that such sewer
connection fees not be used for routine sewer
operation and maintenance costs, but rather that
such fees be used to help to pay for.the replace-
ment or enlargement of any portion of the exist-
ing sanitary sewer system as it may become inade-
quate or needs replacement because of added
loads.
SECTION IV. The City Council is hereby authorized to adopt,
establish or change the rates, charges or classifications imposed
on the customers of the City of Kalispell Sewer Utility in the
manner of and pursuant to the procedures imposed upon and allowed
to municipal utility services by the laws of the State of Montana.,
The decision of the City Council to adopt, establish or change
b
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said rates, charges or classifications shall be made by resolution
duly adopted and approved and filed with the City Clerk.
SECTION V. The City Council is hereby authorized to adopt,
establish or change rules for the operation of the City of Kalispell
Sewer Utility. Said rules shall be adopted, established or changed
in the manner of and pursuant to the procedures imposed upon and
allowed to a municipal utility by the laws of the State of Montana.
The decision of the City Council to adopt, establish or change such
rules shall be made by resolution duly adopted and approved and
filed with the. City Clerk.
SECTION VI. A schedule of rates, charges or classifications
imposed upon the customers of the City of Kalispell Sewer Utility
and a copy of the rules established for the operation of said
utility shall be kept and maintained in the office of the chief
supervisor of said Sewer Utility and same shall be made available
for public inspection at any time during regular office hours.
SECTION VII. An emergency is hereby declared to exist and a
second reading of this ordinance is waived. The facts of the emer--
gency.are: Pursuant to Section 1, Chapter 607, Laws of Montana,
19'81, (469-7-101, M.C.A.) the City is adopting amended rates and new
Rules and Regulations for both the City's Water and Sewer Utilities;
it is most important to the orderly administration of said utilities
that the new rates for both utilities be adopted at the same time.
Due to the complexity of the sewer rates involving a changeover in
the basic system of charging for sewer use a longer time for study
and planning of such sewer rates was required before same could be
considered and adopted. The water use rate study did not entail
such added time and the new water rate is scheduled for implementa-
tion January 1, 1982. To adopt this ordinance so the sewer rate
amendments can be implemented on January 1, 1982, also will result
in a substantial savings to the City and that could not be accom-
plished without waiver of second reading of this ordinance and making
it effective before January 1, 1982. A permanent ordinance for the
continued effectiveness of said sewer rate authority can be enacted
while this emergency ordinance is effective.
SECTION VI3I. This ordinance is effective immediately upon its
passage by the Council and approval by the Mayor.
PASSED BY AN AFFIRMATIVE VOTE OF MORE THAN TWO --THIRDS OF THE
CITY COUNCIL AND APPROVED BY THE MAYOR THIS' 21 DAY OF December
1981
'emu-cL= i_. � (. •"._�
Fr is T. O'Boyle, Mayor"P Tem
ATTEST:
Marjo a Giermann, City Clerk
I, Marjorie Giermann, City C1eik o#' the City Of Kalispell, Montana do certify
the day of � fy that on
1
9 , I posted a copy of the foregoing ordinance
in my office, arad the same remained posted until the second reading on the day of
1 19 , and the foregoing is a true and �,Orrect copy of the ordinance
as passed by the . City Couxacil.� • I .�
City Cler of the City of Kai
, Montana