CITY OF ELY

LINN COUNTY, IOWA

 

ORDINANCE #190

AN ORDINANCE REVISING PROVISIONS RELATED TO SANITARY SEWER AND SANITARY SEWER RENTAL RATES

 

            SECTION 1.  §6-2-6 Repealed.  Section 6-2-6 of the Ely Code of Ordinances is hereby repealed in its entirety

 

            SECTION 2.  §6-2-6 ADOPTED.  The following is hereby adopted as §6-2-6 of the Ely Code of Ordinances: 

 

6-2-6   RATE OF SEWER RENTAL AND MANNER OF PAYMENT

 

1.     Sewer Rental Fee:  Each premise shall pay a monthly sewer rental in the amount set out below based upon the water use and service attributable to that property:

 

a.      Resident Customers. 

Minimum Charge for 0 to 999 gallons                   $23.72

 

In addition to the above minimum

1,000 gallons to 2,999 gallons                              $1.92/1,000 gallons

3,000 gallons to 7,999 gallons                              $2.03/1,000 gallons

8,000 gallons or more                                           $3.05/1,000 gallons

 

b.     Non-resident Customers.  Non-resident customers of city sanitary sewer service shall be charged a sum equal to one and one-half (1 ½) times the monthly rate charged to resident customers.  This charge shall apply to each separate use if the customer is a temporary user.

 

2.     Premises with Multiple Families or Businesses.  Premises having more than one family or business unit located thereon and served by the sewer system, but having only one water bill for the entire premises, shall be charged the normal rate set forth above for the total amount of water service attributable to the premises, and for each additional unit an additional amount equal to the minimum monthly sewer rental fee.

 

3.     Home Operated Businesses.  Home operated businesses, which are permitted under residential zoning ordinances of the City of Ely shall not be considered as an additional business unit under the provisions of this section. 

 

4.     Payment of Sewer Rental.  Sewer rental fees shall be paid with the water bill at the same time as payment of the water bill under the same conditions including those related to penalty for late payment and discontinuance of service.  Payment shall begin with the next payment after enactment of this ordinance, or after connection of the premises to the city sanitary sewer system, whichever is later. 

 

5.     Applicability and Special Conditions.  The provisions stated herein shall apply to each and every premises within the corporate limits of the City of Ely, and all premises connected to the city sanitary sewer system, except where, in the judgment of the Superintendent and City Council, special conditions exist to the extent that application of the sewer rental provided herein would be inequitable or unfair to either the city or the premises. In such instances a special rate shall be proposed by the Superintendent and Clerk/Administrator and submitted to the City Council for approval by resolution.

(Code of Iowa, Sec. 384.84)

 

6.     Water Used for Irrigation.  Each premises acquiring a second water meter solely for irrigation purposes shall install said water meter as set out in §6-3-20(10). Sewer rental fee shall not be charged for water used for irrigation or other purposes authorized by §6-3-20(10) for water use measured by said additional water meter.

 

SECTION 3. REPEALER CLAUSE.  Any ordinance, provision or part thereof, which differs or is inconsistent with this ordinance is hereby repealed, to the extent of said difference or inconsistency.

 

SECTION 4.  SEVERABILITY.  If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional

 

SECTION 5.  EFFECTIVE DATE.  This ordinance shall be in effect from and after final passage, approval, and posting and publication of this ordinance as required by law. 

 

Introduced this 13th day of November 2006, and adopted by the City Council of the City of Ely, Iowa this 10th day of January 2007.

 

 

                                                                                                                                                                                                                                    Dale Stanek, Mayor

Attest:

 

                                                                       

Aaron Anderson, Clerk/Administrator