NUMB:
970946
VERS:
SUBSTITUTE 2
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance relating to establishing a local sewerage charge.
SECS:
309-54 cr
ANLS:
- Analysis -
This ordinance creates a local sewerage charge for users who discharge wastewater directly or indirectly into the city sewerage system. The charge is based upon water consumption, adjusted for the volume and character of water returned to the sewer system. The water works is responsible for administration of the local sewerage charge, which shall be collected as part of the water bill.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 309-54 of the code is created to read:
309-54. LOCAL SEWERAGE CHARGE.
1. PURPOSE. The wastewater of the city of Milwaukee is collected and conveyed in a sewerage system owned, operated and maintained by the city. The purpose of this section is to permit the city, as authorized under s. 66.076, Wis. Stats., and s. 12-27 of the city charter, to provide for recovery of "operating costs" (as defined in s. 66.076(4), Wis. Stats.) of the sewerage system and to undertake operation and maintenance of said system out of revenue derived from a local sewerage charge.
2. DEFINITIONS. In this section:
a. "City Sewerage System" means a sewer system owned, operated and maintained by the city of Milwaukee, consisting of sanitary, combined and storm sewers.
b. "Local Sewerage Charge" means the sewerage charge as provided in sub. 3 imposed on each user who discharges waste water, directly or indirectly, into the city sewerage system.
c. "Operating Costs" means all costs of the city sewerage system within the scope of costs described under s. 66.076(4), Wis. Stats.
d. "Sewer Maintenance Fund" means the fund created pursuant to sub. 7.
e. "Water Consumption Data" means data respecting water consumption as collected by the Milwaukee water works.
3. SEWERAGE CHARGE. a. There is imposed a local sewerage charge on each user who discharges wastewater directly or indirectly into the city sewerage system. This charge shall recover the operating costs of the city sewerage system. In recovering these costs, the charge will be based upon water consumption, adjusted for the volume and character of water returned to the sewer system as provided for in pars. b to e.
b. Water consumption of users shall be determined using the water consumption data.
c. Non-certified Non-residential Users. Water consumption shall be the annual water consumption data.
d. Certified Non-residential Users. Water consumption shall be the adjusted water consumption data identified through the certification process of the Milwaukee metropolitan sewerage district with respect to the computation of sewer user charges under s. 66.912, Wis. Stats.
e. Residential Users. Residential water consumption shall be the winter quarter use, annualized for each year, as collected by the water works.
f. Identifiable items of operating costs specifically attributable to one or more particular non-residential users shall be charged back to those non-residential users as part of their local sewerage charge.
g. The common council shall adopt a resolution on an annual basis establishing the local sewerage charge imposed in accordance with this section.
4. LOCAL SEWERAGE CHARGE FOR WATER DISCHARGED INTO THE CITY SEWERS BUT NOT PURCHASED FROM THE MILWAUKEE WATER WORKS. For any property supplied with water, either in whole or in part, from any well or source other than the Milwaukee water works and discharging all or portions of such water into the city sewerage system, there shall be a local sewerage charge, separate from and in addition to any sewer service charge based on the consumption of water from the Milwaukee water works. All such wells or other sources of supply shall be identified and registered with the superintendent of the Milwaukee water works in accordance with s. 309-51-2-a-3-d. The local sewerage charge shall be imposed upon such properties in accordance with:
a. The volumetric water usage determined pursuant to s. 309-51-2-a-3; and
b. The resolution adopted by the common council pursuant to sub. 3-g establishing the local sewerage charge.
5. OVERALL RESPONSIBILITY FOR ADMINISTERING THE LOCAL SEWERAGE CHARGE. The commissioner of public works shall administer the local sewerage charge. He or she may formulate and promulgate rules which shall be applicable with respect to the administration and collection of the local sewerage charge, and may make amendments thereto, subject to approval by the utilities and licenses committee of the common council as may be required from time to time for proper application of the local sewerage charge.
6. RESPONSIBILITY OF CITY OFFICERS AND DEPARTMENTS ADMINISTERING THE LOCAL SEWERAGE CHARGE.
a. Superintendent of Water Works. The superintendent of water works shall be responsible, under the commissioner of public works, for the administration of the local sewerage charge. The superintendent shall collect the charge and transmit the revenue therefrom to the city treasurer together with water revenues as received.
b. City Treasurer. The city treasurer shall receive revenues from the local sewerage charge and shall also collect delinquent accounts when such delinquent accounts have been placed on the tax roll as provided for in this section. All revenue, including interest, from the sewerage charge shall be placed in the sewer maintenance fund unless otherwise provided by law.
c. City Comptroller. The city comptroller shall certify to the commissioner of assessments delinquent accounts to be placed on the tax roll, which shall be collected in the same manner as special charges under s. 66.60(16), Wis. Stats. The comptroller shall keep separate accounts of all the funds, receipts and payments on account of said sewer charge within a sewer maintenance fund.
7. SEWER MAINTENANCE FUND. There is created for the city of Milwaukee a separate fund, to be called the sewer maintenance fund.
a. All revenue, including interest, derived from the local sewerage charge, shall be placed in the sewer maintenance fund, unless otherwise provided by law, and shall be used to defray operating costs related to the city sewerage system.
b. The sewer maintenance fund shall be kept in the city treasury in the custody of the city treasurer, and shall be disbursed by him or her on vouchers drawn for the same in the manner provided in this section.
8. BILLING AND COLLECTING. The local sewerage charge shall be levied against water accounts and all other sewer users and shall be calculated by the water works. The charge shall be added to the water bill and shall be due and payable in the same manner as water bills.
a. An interest penalty and late charge of 3% on outstanding balances will be charged on all past due accounts each quarter. This fee may be waived by the water works where deemed warranted by special circumstances. Charges that remain unpaid for 2 full quarters on October 1 shall be deemed delinquent. Such delinquent user charges and 10% penalty shall be reported to the city comptroller for placement on the tax roll.
b. When partial payments of the combined water/sewer charge bills are made, the property owner may direct in writing how the partial payment is to be applied to the combined bill. If there is no written direction, the partial payment is to be applied to the water bill first. Any portion of the partial payment remaining after the water bill is paid for shall be applied to the sewer user charge. Any portion of the partial payment remaining after the sewer user charge is paid for shall be applied to the sewer maintenance fee. Any overpayment of the combined bill shall be applied to the sewer user charge on the account for such property.
9. SAVING CLAUSE. It is the intent of the common council that the provisions of this section relating to a local sewerage charge, sewer maintenance fund, and the application of revenue from this charge are separable. If any provision or part of this section be held unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of any other provisions or part of the section which other provisions and parts shall remain in full force and effect.
10. APPEAL PROCEDURE. a. a-1. Whenever any local sewerage charge is imposed in accordance with this section, and the person required to pay such charge feels aggrieved as a result of the imposition or collection of such charge, such person shall pay such charge when the same shall become due, but shall pay it "under protest." Within 20 days following such payment, such person may file with the commissioner of public works a complaint to the effect that such person is aggrieved by the imposition and collection of such local sewerage charge, his or her specific reasons for objection and the amount of the overcharge complained of.
a-2. If, upon review by the commissioner of public works, it is determined that all or any part of any local sewerage charge paid under such protest is not just or reasonable, the commissioner shall institute necessary procedures for such refund. In the event that any person, following such review of such objection feels aggrieved by the determination of the commissioner, such person may, within 10 days, appeal to the common council. The common council shall make such determination as is just and reasonable.
b. Notwithstanding the appeal procedure herein provided for and as an alternative right of appeal, any user of the city sewerage system shall have the unconditional right to file a complaint with the public service commission as provided in s. 66.076(9), Wis. Stats.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97569.2
BJZ:bsw
10/27/97
6