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Ordinance 632 - Sewer Rates70; ORDINANCE NO. 632 AN ORDINANCE REQUIRING ALL USERS OF THE PUBLIC SEWER IN THE CITY OF KALISPEIJ. TO PAY JUST AND EQUITABLE RATES OR RENTALS FOR THE SERVICES AND BENEFITS, DIRECTLY OR INDIRECTLY, FURNISHED TO THEM BY SUCH PUBLIC SEWER SYSTEM, INCLUD= ING SANITARY AND STORM SEWERS AND THE SEWERAGE DISPOSAL PLANT: ESTABLISHING A SCHEDULE OF CHARGES EQUITABLE IN PROPORTION TO THE QUANTITY OF SEWAGE PRODUCED, ITS CONCENTRATION AND WATER POLLUTION QUALITIES AND THE COST OF ITS DISPOSAL: DETERMINING THAT THE SEWAGE TREATMENT PREVENTS POLLUTION OF SOURCES OF WATER SUPPLY AND ESTABLISHING THE SE'viERAGE CHARGES AS.A SURCHARGE ON THE WATER BILLS OF WATER CONSUMERS: PROVIDING FOR THE COLLECTION OF SAME: CREATION OF A SEWER44 AGE RATE COMMITTEE, PROVIDING FOR ADJUSTMENT OF INEQUITABLE RATES, AND THE DETERMINATION OF ADDITIONAL RATES FOR SEWAGE MORE EXPENSIVE TO DISPOSE OF: DEFINING CERTAIN TERMS; AND REPEALING ORDINANCE NO. 540 AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Kalispell has heretofore established, built and constructed, and operates and maintains for public use a sewerage system con- sisting of sanitary sewers, storm sewers and plants and facilities for the treatment and disposal of such sewage; and WHEREAS, Sections 11-2217 and 11-2219 of the Revised Codes of Montana of 1947, enacted in 1943, imposes upon the City Council the duty to fix and establish and collect, (on the basis of water consumed or any other equitable basis, taking into consideration the quantity of sewage produced and its con- centration and water pollution qualities in general, and the cost of its disposal) rates and charges for the service and facilities afforded by such system, such rates and charges to be sufficient to not only pay for the expenses of operation of -such system, but also repairs, maintenance and depreciation; and WHEREAS, the said City of Kalispell has recently completed the drill- ing of a water well to supplement its supply of city water and there are many properties south of Kalispell using water wells, and sewage treatment prevents pollution of sources of water supply; and WHEREAS, Ordinance No. 540 of the City of Kalispell, passed in 1947 and setting up certain sewerage rental charges is wholly inadequate and fails to base said charge on equitable rates in proportion to the quantity of sewage produced and its cost of disposal; and ' WHEREAS, the said sewerage system of the City of Kalispell is now badly in need of repairs, maintenance and the creation of a reserve for deprec- iation and it, therefore, becomes necessary to comply with said law and set up equitable sewer rental charges in order to produce the revenue to maintain and repair said sewerage system and to create such depreciation reserve, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KAL,TSPELL-: Section 1. Definitions. (a) "Adjusted Water Bill" means the average monthly bill incurred by any meter during the course of the calendar year, excluding sprinkling charges, and computed in accordance with the practical tables or rules adopted by the City Water Department; (b) "Person" means any person or persons, or association of individuals, partnership, corporation or concern. Section 2. Sewage treatment prevents pollution of water supply. In view of the city water well and in view of the many residents living near the outskirts of the City of Kalispell, whose source of water is private,wells, it is hereby found and determined that the sewage treatment plant of said city prevents pollution of sources of water supply and, therefore, it is determined that the sewerage rentals shall be established as a surcharge on the water bills of water consumers. Section 3. Sewer charge established. There is hereby charged ' against each and every person using or making use of said sewerage system, including sanitary sewers, storm sewers and sewerage disposal plant of the City of Kalispell, charges or rentals for the services and benefits, directly or indirectly, furnished thereby, which such rates, charges or rentals shall be as near as possible equitable in proportion to the services qnd benefits rendered and shall take into consideration the quantity of sewage produced and its concentration and water pollution qualities in general and the cost of its disposal andwhich said charges shall be fixed on the basis of water consumption as modified and increased by the cost of disposal and such other above named factors; and said rates, charges and rentals are hereby established as a surcharge on the water bills of water consumers of the City of Kalispell. Section 4. Schedule of rates, rentals or charges, Such rates, rentals or charges, as hereinabove established, shall be as follows: (a) Each and every person using city water shall be charged each month a basic. rate of 50% of his adjusted water bill, such rates to be computed separately on each water meter measuring city water to such person; (b) there shall be an additional charge imposed upon all persons, as herein- after specified, based upon the concentration of the sewage discharged by them, its water pollution quality in general and the cost of its disposal, which said additional charges will be added monthly to said basic rate and collected and handled together with the basic rate: 1. Dairies: 2% of the adjusted water rate; 2. Tanneries: 5% of adjusted water rate; 3. Restaurants and all other places where food is served to the public, hospitals, service stations and garages, laundries and dry cleaning establishments and butcher shops: 2% of the adjusted water rate. (c) Where sources of water other than metered city water is used in any industrial, manufacturing or other process or by any person in any way and discharged into the sewerage system, there shall be an additional sewerage rental charged on such volume of water computed as though such other water was purchased from the city and metered with the other water (if any) purchased by such person at the then existing water rates for such combined volume; should such person be a non -city -water user, such charge shall be levied against him monthly and collected by the city water department, even though there is no water bill to which it can be attached as a surcharge. Section 5. Collection by Water Department. It shall be the duty of the City Water Department of the City of Kalispell and of the superintendent thereof to administer this ordinance, and to compute, charge and collect such sewer rates and rentals from each person using city water, as well as other persons who.:discharge sewage into such sewerage system and, except for such non -city -water users, to collect such rentals or charges as a surcharge on the water bill. No payment of water charges or sewerage charges shall be ' accepted without payment of both such items, and the water works superinten- dent shall order discontinuance of water service to any premises for failure to pay the sewerage surcharge, in the same manner as would be done for the failure to pay the regular water bill. Section 6. Sewer service fund. All moneys collected by the City Water Department as sewer charges or rentals, as hereinabove provided for, shall be kept by the City Water Department in a separate fund and shall be paid to and deposited with the City Treasurer of the City of Kalispell once each month, and the City Treasurer is hereby directed to keep the same in a slbecial fund to be known as the "Sewer Service Fund" of the City of Kalispell, subject to withdrawal by order of the City Council in conformity with the purposes of this ordinance. Section 7. Creation of Sewerage Rate Committee. (a) Creation -- membership. The sewerage rate committee is hereby created and established for the City of Kalispell. It shall consist of one member of the City Council, one qualified voter of the City who, when appointed, is a member of a labor union, and one qualified voter of the City who, when appointed, is a merchant, manufacturer or other industrialist engaged in business in the city. Such members shall be appointed by the Mayor, with the advice and consent of the City Council. Each shall hold office for a term of two ,years and until his successor shall be appointed and qualified; (b) Duties. The duties of said committee shall be to review the reports made to it under the provisions of this ordinance, to consider the effect on the complaining party and all other users of the sewerage system of any adjustment of rates recommended, and to communicate its findings and its own recommendations on the subject to the City Council. No compensation shall be paid to the members for their services and no expenses or charges against the city shall be incurred by the committee or any member thereof without specific prior authorization and appropriation by the City Council. Section 8. Inequitable rates, The rates,charges and rentals here- inabove specified shall be deemed prima facie fair, reasonable and equitable. In any case where any contention is made that said rates are unfair, inequit- able or unreasonable, the party objecting thereto shall apply to the water 72 G� superintendent, stating the facts and groundsof complaint, and the super- intendent, idth the assistance of the City Engineer, shall investigate and report with recommendations thereon to the Sewerage Rate Committee. Section 9. Investigation and fixing of charges for sewage, the disposal of which is more expensive than average. It is hereby made the duty of the water superintendent and the City Engineer, or either of them, to report to said Sewerage Rate Committee any cases where the amount or character of the sewage from any plant, building or premises is such that collection and disposal thereof is substantially more expensive than aver- age sewage, and give recommendations as to high rates to be imposed for the collection and disposal of such sewage. Section 10. Reports to City Council -- Public hearings. The Sewerage Rate Committee shall consider each and all such complaints and reports and communicate its findings in respect thereto to the City Council within one month after the filing of such complaint. The City Council shall have the right to order public hearings as to any such matter, and if convinced that an adjustment of sewerage rates or changes for such plant, building or premises is necessary, to provide equality with those charged to others, it shall so provide by ordinance amendatory hereto, subject to approval thereof by the Public Service Commission of the State of Montana. Section U. Ordinance No. 540 of the City of Kalispell, passed and approved on August 6, 1947, together with any and all ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED by the City Council of the City of Kalispell, Montana, this 6th day of July, 1954. APPROVED by the Mayor of the City of Kalispell, Montana, this 6th day of July, 1954. D. M. McBride Mayor ATTEST H. J. Hunt City Clerk I, H. J. Hunt, City Clerk of the City of Kalispell, Montana, do hereby certify that on the 7th day of July, 1954, I posted a copy of the foregoing ordinance in my office and the same remained posted for a period of five days and the foregoing is a true and correct copy of,the ordinance as passed by the City Council. City Clerk of he City of Kalispell, Montana