The very nature of the wastewater utility requires the construction of excess capacity within the utility well in advance of the need. This requires substantial capital investment which results in a net equity for the utility. Each new customer who ties onto the utility's system receives the full use of his own proportionate share of the utility and thereby benefits by his own proportionate share of the utility's equity. Each new customer is, therefore, assessed a tie-on fee equal to his own proportionate share of the utility's equity. This tie-on fee represents the new customer's cost of buying into the utility service so that his own investment in the utility equates the investments already made by others.
There is hereby imposed a sewer connection surcharge (that is, a charge in addition to that levied by any other ordinance for the connection to the sanitary sewer system of said City) upon each new sanitary sewer connection hereinafter made to provide sanitary sewer service to any lot or piece of ground which has not previously been assessed said tie-on fee, prior to May 1, 2002.
(a) Residential Basis
That for the purpose of establishing just and equitable sewer connection for the provision of sanitary sewer service by the wastewater utility of said City to users both inside and outside the corporate limits of said City, the Governing Body hereby establishes that, based upon studies of water usage within said City and other data, it is determined that each residential unit (for the purpose of this Section 16-702, each separate family dwelling unit, even when within a common structure be it a duplex, triplex, fourplex, condominium, apartment, or mobile home, shall be considered a separate connection and will be subject separate and individual charges) connecting to the sanitary sewer of said City, shall be assessed a tie-on fee of One Thousand Five Hundred Dollars ($1,500.00) and that such determination is based upon an average residential use of water at the rate of 6,000 gallons per month, which fee and usage shall be referred to as “base tie-on fee” and “base usage.”
The residential base tie-on fee shall be due for any residential property proposing to connect to the City sewer service upon the approval of the application for connection. In the alternative, if the subject property necessitating a connection to City sewer is part of a previously existing residential development which has thereafter become part of a benefit district now liable for special assessment for sewer improvements pursuant to K.S.A. 12-6a01 or similar provisions of state law, the governing body of the City may, in its sole discretion, defer the residential base tie-on fee. If deferred, the residential base tie-on fee, together with interest on the unpaid balance thereof at a rate equal to the average annual interest rate on the general obligation bonds otherwise paying the costs of the related sewer improvements, shall be levied and assessed and will be collected at such time as is customary for, the levying and collecting of ad valorem property taxes, and the taxes so collected will be used for the purpose of paying the deferred residential base tie-on fee.
The City Clerk of the City shall from time to time, as necessary, certify to the County Clerk of the appropriate county, the legal description of the real property liable for any residential base tie-on fee, along with the sum of any delinquent charges, including interest accrued, to be placed upon the tax rolls for collection. Upon such certification said charges shall become a lien against the property upon which they are certified, subject to the same penalties and collected in the same manner as taxes levied against the property are by law collectible. The procedure outlined in this paragraph shall be construed as being in accordance with the laws of the State of Kansas and any provision herein deemed or finally determined to be contrary to the laws of Kansas shall be void, provided that in such event the remaining provisions of this section (including the property owner's liability for the base tie-on fee) shall remain in full force and effect.
Based upon such base tie-on fees and base usages aforesaid, the sewer tie-on fee for other classifications and usages in said City is hereby found and established to be as follows:
For each manufacturing, industrial, commercial, school, or multi-use, excepting any category or other such usage provided for hereinafter, the initial sewer service tie-on fee shall be 75% of the base tie-on fee of One Thousand Two Hundred Fifty Dollars ($1,250.00) for each 6,000 gallons of projected water use on the premises as determined by said City through the use of such data and information as is available at time of such connection. A secondary tie-on fee shall be determined within 18 months of the assessment of the initial fee and shall be based upon the base tie-on fee of One Thousand Five Hundred Dollars ($1,500.00) for each 6,000 gallons of actual water used on the premises as determined by the records of the Water Department of the City of Wichita, and in the office of the City Clerk of Andover, Kansas, and an assessment made for this amount minus any tie-on fees already paid.
That as hereinafter provided, the Governing Body may review such fees from time to time and take into consideration other matters such as quantity of industrial waste discharged into the sanitary sewer, water used and evaporated for cooling purposes, and any and all other factors which may tend to raise or lower the fees charged such classification, and direct the City Clerk to adjust or to change the fee for such user in this classification in accordance with the findings of the Governing Body.
All new users falling within a “b” classification as set forth immediately hereinabove shall be required to meter all water to be discharged to said City's sanitary sewer system and shall be forbidden to discharge any unmetered flows to said City, subject to penalty as prescribed by 16-106. Metering costs shall be borne by the owner. The meter must be available for reading by City personnel.
(d) Meter Data Interpretation.
Water use data shall be obtained for any nonresidential user known, or believed to be using, in excess of 12,000 gallons per month. The highest 50% of the meter readings shall not be used for fee assessment unless other information warrants the use of that data. The usable data shall then be converted to an average monthly usage.
(e) Subsidization of Commercial Businesses
All new users within a “b” classification as set forth immediately hereinabove shall be granted a subsidy in the amount of:
4% of the user's assessed fee for usage rate of 30,000-60,000 gal./mo.
8% of the user's assessed fee for usage rate of 60,001-90,000 gal./mo.
12% of the user's assessed fee for usage rate of 90,001-120,000 gal./mo.
16% of the user's assessed fee for usage rate of 120,001-150,000 gal./mo.
20% of the user's assessed fee for usage rate of 180,001-210,000 gal./mo.
24% of the user's assessed fee for usage rate of 240,001-270,000 gal./mo.
28% of the user's assessed fee for usage rate of 270,001-300,000 gal./mo.
30% of the user's assessed fee for usage rate above 300,000 gal./mo.
This subsidy shall be issued only in the form of a credit against the assessed tie-on fee at the time of billing.
(Ord. 530; Ord. 1168; Ord. 1303; Code 2011)
For each separate new sewer connection to the City's sanitary sewer system, outside the corporate limits of said City, where such lot or piece of ground sought to be connected has not previously been assessed and paid said tie-on fee, a base surcharge tie-on fee is hereby made in the amount of One Thousand Five Hundred Dollars ($1,500.00).
Because certain expenses are incurred regardless of usage rate, and certain benefits are derived through the use of said City's wastewater utility regardless of usage rate and because usage rates are, in fact, highly fluctuate, the Governing Body hereby establishes a minimum tie-on fee of One Thousand Five Hundred Dollars ($1,500.00) for each new user inside the City and One thousand Five Hundred Dollars ($1,500.00) for each new user outside the corporate limits of said City.
(Ord. 1168; Code 2011)
In the event that a user previously connected to the said City's sanitary sewer system, and assessed a fee based on a particular classification, convert the use of said property so as to increase the rate of water usage to an extent whereby the user would be in a classification of higher usage, the City may reclassify the user and assess a new tie-on fee based upon the new classification minus any previous tie-on fees paid. In the event that a user can be reclassified to a classification of lower usage, the City will not reclassify the user but will let the highest rate of usage classification preside. A change in the characteristics of wastewater discharged by the user may be constituted as a change of use.
In the event that a user is projected to discharge waste that is described in 16-501, the Governing Body may, upon evaluation of available data and information, assess additional surcharge fees above and beyond any other fees as set forth within these regulations.
Nothing herein shall be construed as to prohibit the Governing Body of said City from entering into special contractual arrangements with new users for the payment of fees in such event that the Governing Body so deem it necessary to do so for the joint benefit of the Wastewater Utility and the community at large.
Upon proper application to the Governing Body of the City of Andover, Kansas, payment of the surcharge tie-on fee shall be made at the time of filing of a building permit or other permits of the City. Payment shall be the sole responsibility of the owner of the property connected.
The City is not obligated to review or adjust the fee of a new user, but will do so upon request of the user if the request is made in accordance with proper administrative procedures.
Upon a determination of an assessment for the tie-on fee for a new owner, said owner shall be notified through a bill for the amount of the assessment mailed to the address provided by the new owner. In the event that an assessment has not been made at the time of connection to the sanitary sewer, the owner may pay the minimum fee at the time of connection and the balance upon receipt of the bill after the assessment is made. The owner of the property shall be solely held responsible for the payment of said fees and billings will be made to the owner solely.
That following the rendition of bills and statements by the City's Clerk to users of the sanitary sewer system of said City setting out each particular user's connection fee, if such bill remains unpaid for a period of 30 days following the date on which the statement was mailed, then such bill shall be considered past due or delinquent, payments shall be re-billed to the user adding thereto a penalty for the increase of connection costs in the amount of 10% of the amount past due for such connection fee but not to exceed $500, which penalty shall be in addition to the interest charge of 5% permitted by Statute, when the same is certified upon the tax rolls. That nothing herein contained shall be construed to prevent the City of Andover, Kansas, from rendering its statement or statements for the charges made hereunder in conjunction with statement or statements rendered for the solid waste service charges imposed by said City under the terms of different ordinances.
That should any person, firm, organization, political unit, except the United States and the State of Kansas, or organization living or operating on the premises connected to the City sanitation system of the City of Andover, neglect, fail, or refuse to pay the surcharge fixed by this Article or any amendment thereto, such surcharge shall constitute a lien upon the real estate served by the connection to the sewer, and shall be certified by the City Clerk of said City to the County Clerk of Butler County, Kansas, to be placed on the tax rolls for collection subject to the same penalties and collection in like manner as other taxes are by law collected, and such Governing Body is hereby authorized to refuse the delivery of water through the pipes of said utility supplying said City until such time as such charges are fully paid subject, of course, to the provisions for administrative hearing as provided hereinafter in this article.
That before the City of Andover, Kansas, shall cause the water connection to any customer in said City to be discontinued by reason of the proper person chargeable for it that the charges herein provided such, person or persons shall be provided by said City written notice of its intention to cause such water connection to be disconnected at least ten (10) days in advance of hearing to be held upon the same before the Governing Body of said City. Such notice shall set out the date, time, and place of such hearing, and at which hearing such person, firm, or corporation shall be allowed to show good cause why such water service should not be disconnected. Nothing herein shall be construed a waiver or estoppel of said City to bring a civil action for the collection of said paid due service charges.
That nothing herein shall be construed as preventing the review and change of such rates as established herein either upon the initiative of the Governing Body or by request of a sewer user. Any user of the City sewer system liable for a surcharge hereunder shall have the right to file with the Governing Body of said City an application for hearing to be heard by the Governing Body at the next regular meeting of said Governing Body, (excepting, if such regular meeting is within seven (7) days of the filing of such application for hearing, in which event, the hearing shall be held at the next following regular meeting) at which hearing the said applicant may present any and all evidence relating to the need for adjustment of the user's surcharge. In the event of a request for hearing by a user, the City shall mail notice in writing to such user of the date and time of such hearing, said notice to be provided at least seven (7) days in advance of such hearing.
For each newly annexed user of City sewer service which has not previously been assessed these surcharges and has not previously paid said surcharges, there shall be assessed surcharges according to 16-702.
Funds received by the said City from the proceeds of such sewer connection surcharges shall be placed in a fund known as “Main Sewer Expansion Fund” and shall be used only for the expansion and upgrading of the main sewer system of said City, or sewer disposal works of said City or any other sanitary sewer improvements, the payment of which would normally be an obligation of the City at Large. At the discretion of the Governing Body, these funds may also be used to retire bond debt resulting solely from sewer expansion as described immediately above.
Any person, group of persons or agents, tenants, or any one or more persons occupying lands or representing the owner or occupants of lands upon which, or to which, a sanitary sewer connection has been knowingly made in violation of the terms of this ordinance, shall be deemed guilty of a misdemeanor and assessed a penalty of not less than Five Dollars ($5) nor more than One Hundred Dollars ($100) for each day that each violation aforesaid exists.
(Ord. 530, Sec. 1)