CODE OF ORDINANCES - CHAPTER 92


WATER RATES

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92.01 Service Charges   92.06 Lien Exemption
92.02 Rates For Service   92.07 Lien Notice
92.03 Billing for Water Service   92.08 Customer Deposits
92.04 Service Discontinued   92.09 Temporary Vacancy
92.05 Lien for Nonpayment    

 

92.01 SERVICE CHARGES. Each customer shall pay for water service provided by the City based upon use of water as determined by meters provided for in Chapter 91. Each location, building, premises, or connection shall be considered a separate and distinct customer whether owned or controlled by the same person or not.
(Code of Iowa, Sec. 384.84)

92.02 RATES FOR SERVICE.
1. User Charge. That each and every owner and/or tenant of every building, tenement, or premises connected to the water system of the City, whether or not a meter has been installed, shall be charged of the following rates:
A. Effective January 1, 2023, the rates for both residential and business usage shall be charged:
(1) A minimum charge of $35.00 will include the first 3,000 gallons of water.
(2) A rate of $3.25 per 1,000 gallons ($0.325) per 100 gallons will be charged after the first 3,000 gallons.
B. Effective January 1, 2024 (three percent increase)
(1) First 3,000 gallons - $36.05
(2) Each 1,000 gallons over minimum $3.35
C. Effective January 1, 2025 (three percent increase)
(1) First 3,000 gallons - $37.13
(2) Each 1,000 gallons over minimum $3.45
D. Effective January 1, 2026 (three percent increase)
(1) First 3,000 gallons - $38.24
(2) Each 1,000 gallons over minimum $3.56
E. Effective January 1, 2027 (three percent increase)
(1) First 3,000 gallons - $39.39
(2) Each 1,000 gallons over minimum $3.67
2. Capital Improvement Fund. In addition to the user charges set forth above, the City hereby establishes a capital improvement fund to be used for future maintenance, improvements, replacements, and expansion costs associated with the City’s water system and related debt services. A capital improvement fund charge of $5.00 per billing cycle will be assessed to each water user account and charge of $5.00 per billing cycle will be assessed to each sewer account to be held in the capital improvement fund account for use toward the water system as set forth above.

92.03 BILLING FOR WATER SERVICE. Water service shall be billed as part of a combined service account, payable in accordance with the following:
(Code of Iowa, Sec. 384.84)
1. Bills Issued. The Clerk shall prepare and issue bills for combined service accounts on or before the first day of each month.
2. Bills Payable. Bills for combined service accounts shall be due and payable at the office of the Clerk by the 15th day of the same month. Late fees are assessed the 16th.
3. Late Payment Penalty. Bills not paid in full when due shall be considered delinquent. A one-time late payment penalty of $25.00 shall be added to each delinquent bill.

92.04 SERVICE DISCONTINUED. Water service to delinquent customers shall be discontinued or disconnected in accordance with the following:
(Code of Iowa, Sec. 384.84)
1. Notice. The Clerk shall notify each delinquent customer that service will be discontinued or disconnected if payment of the combined service account, including late payment charges, is not received by the date specified in the notice of delinquency. Such notice shall be sent by ordinary mail to the customer in whose name the delinquent charges were incurred and shall inform the customer of the nature of the delinquency and afford the customer the opportunity for a hearing prior to the discontinuance or disconnection.
2. Notice to Landlords. If the customer is a tenant, and if the owner or landlord of the property or premises has made a written request for notice, the notice of delinquency shall also be given to the owner or landlord. If the customer is a tenant and requests a change of name for service under the account, such request shall be sent to the owner or landlord of the property if the owner or landlord has made a written request for notice of any change of name for service under the account to the rental property.
3. Hearing. If a hearing is requested by noon of the day preceding the shut off, the Mayor shall conduct an informal hearing and shall make a determination as to whether the discontinuance or disconnection is justified. The customer has the right to appeal the Mayor’s decision to the Council, and if the Council finds that discontinuance or disconnection is justified, then such discontinuance or disconnection shall be made, unless payment has been received.
4. Fees. A fee of $50.00 shall be charged before service is restored to a delinquent customer. In the event the City suffers additional charges by its Superintendent on behalf of the customer’s delinquency, those charges shall also be passed on to the customer.
5. No fee shall be charged for the usual or customary trips in the regular changes in occupancies of property.

92.05 LIEN FOR NONPAYMENT. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for water service charges to the premises. Water service charges remaining unpaid and delinquent shall constitute a lien upon the property or premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.
(Code of Iowa, Sec. 384.84)

92.06 LIEN EXEMPTION.
(Code of Iowa, Sec. 384.84)
1. Water Service Exemption. The lien for nonpayment shall not apply to charges for water service to a residential or commercial rental property where water service is separately metered and the rates or charges for the water service are paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential or commercial rental property and that the tenant is liable for the rates or charges. The City may require a deposit not exceeding the usual cost of 90 days of such services to be paid to the City. When the tenant moves from the rental property, the City shall refund the deposit if all service charges are paid in full. The lien exemption does not apply to delinquent charges for repairs related to any of the services.
2. Other Service Exemption. The lien for nonpayment shall also not apply to the charges for any of the services of sewer systems, stormwater drainage systems, sewage treatment, solid waste collection, and solid waste disposal for a residential rental property where the charge is paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential rental property and that the tenant is liable for the rates or charges for such service. The City may require a deposit not exceeding the usual cost of 90 days of such services to be paid to the City. When the tenant moves from the rental property, the City shall refund the deposit if all service charges are paid in full. The lien exemption does not apply to delinquent charges for repairs related to any of the services.
3. Written Notice. The landlord’s written notice shall contain the name of the tenant responsible for charges, the address of the residential or commercial rental property that the tenant is to occupy, and the date that the occupancy begins. Upon receipt, the City shall acknowledge the notice and deposit. A change in tenant for a residential rental property shall require a new written notice to be given to the City within 30 business days of the change in tenant. A change in tenant for a commercial rental property shall require a new written notice to be given to the City within 10 business days of the change in tenant. A change in the ownership of the residential rental property shall require written notice of such change to be given to the City within 30 business days of the completion of the change of ownership. A change in the ownership of the commercial rental property shall require written notice of such change to be given to the City within 10 business days of the completion of the change of ownership.
4. Mobile Homes, Modular Homes, and Manufactured Homes. A lien for nonpayment of utility services described in Subsections 1 and 2 of this section shall not be placed upon a premises that is a mobile home, modular home, or manufactured home if the mobile home, modular home, or manufactured home is owned by a tenant of and located in a mobile home park or manufactured home community and the mobile home park or manufactured home community owner or manager is the account holder, unless the lease agreement specifies that the tenant is responsible for payment of a portion of the rates or charges billed to the account holder.

92.07 LIEN NOTICE. A lien for delinquent water service charges shall not be certified to the County Treasurer unless prior written notice of intent to certify a lien is given to the customer in whose name the delinquent charges were incurred. If the customer is a tenant and if the owner or landlord of the property or premises has made a written request for notice, the notice shall also be given to the owner or landlord. The notice shall be sent to the appropriate persons by ordinary mail not less than 30 days prior to certification of the lien to the County Treasurer.
(Code of Iowa, Sec. 384.84)

92.08 CUSTOMER DEPOSITS.
1. There shall be required from every customer not the owner of the premises served a $100.00 deposit intended to guarantee the payment of bills for service.
2. Customers deposits shall be required of all customers who are tenants, or others having no established credit record, and those who have an unacceptable credit record or who have a prior record of failure to pay bills rendered. Such deposit shall be in the amount of $100.00. An occurrence or recurrence of a bad payment record may be the occasion for the Clerk to require a new or larger deposit not to exceed $250.00 for the continuation of service.
(Code of Iowa, Sec. 384.84)

92.09 TEMPORARY VACANCY. A property owner may request water service be temporarily discontinued and shut off at the curb valve when the property is expected to be vacant for an extended period of time. There shall be a $25.00 fee collected for shutting the water off at the curb valve plus any fee issued by the Agent to shut off or turn on service. During a period when service is temporarily discontinued as provided herein there shall be no minimum service charge. The City will not drain pipes or pull meters for temporary vacancies.

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