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Code of Ordinances Amendment - Title 13 Sewage and Sewage Disposal Rates, Exceptions FY21Copyrighted June 1, 2020 City of Dubuque Action Items # 8. ITEM TITLE: Code of Ordinances Amendment - Title 13 Sewage and Sewage Disposal; Rates Established SUMMARY: City Manager recommending adoption of an amendment to City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13-2C Rates Established. SUGGESTED DISPOSITION: ORDINANCE Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13-2C-3 Rates Established. Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Amending Code of Ordinances for Sewer and Sewage City Manager Memo Disposal Rates-MVM Memo Staff Memo Staff Memo DRAFT- Reduced Utilities Fees Application 2020 Supporting Documentation Ordinance Staff Memo Suggested Motion Wording Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque kritil All-A.aia City 111111 2007.2012.2013 2017*2019 SUBJECT: Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13-2C Rates Established DATE: May 28, 2020 Water and Resource Recovery Center Manager William O'Brien is recommending adoption of an amendment to City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13-2C Rates Established. In Fiscal Year 2004 the City Council established General Fund funding to help low- income households pay their monthly stormwater utility fee, similar to an existing discount given to refuse collection customers that was funded by refuse collection fees. As part of the FY21 budget process the City Council approved extending this general fund benefit to the Water and Sanitary Sewer City run utilities and to switch the funding for the refuse collection discount from the refuse fund to the General Fund. An ordinance change is necessary to ensure consistency across enterprises. The attached ordinance language directs the City Manager to develop a policy for evaluating cases of extreme financial hardship, whereby the City Manager would have the ability to make adjustments in the residential rate as determined by the terms and conditions of the adopted policy. The low-income discounts will be approved based on the following criteria and generally the attached form: City of Dubuque Reduced Utility Fee Policy • Residents of the City of Dubuque • Individually billed residential account holders/customers — billed to resident of unit (Bill covers a single unit or a duplex in which the property owner resides in one -unit) • Extreme financial hardship • Authority to require such proof of financial status or extreme hardship • Annual income equal to or less than the income standards used by HUD for its "Section 8 Housing Program" for the size of that household may, upon application to the City Manager or designee, receive a credit for up to one-half (1/2) the established base rate, the actual credit being subject to: o The number of credits available o Income of applicants o Number of applicants o Budgeted/available funds. • City reserves the right to limit the number of credits available and adjust the amount of credit received based on the income of applicants, number of applicants and available funds • An annual application shall be made by the account holder of the City of Dubuque utility bill for the premises to verify annual income and eligibility. This policy and the application form are subject to revision by the City Manager from time to time. I concur with the recommendation and respectfully request Mayor and City Council approval. 7- brittj Y rvlr Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager William J. O'Brien, Water & Resource Recovery Center Manager 2 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: William J. O'Brien, W&RRC Manager Dubuque bead All -America City ,FLNAL,P4-1 M1M iF 11I i' 2007.2012*2013 2017*2019 RE: Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article C Rates, Section 13-2C Rates Established DATE: May 27, 2020 INTRODUCTION: The purpose of this memorandum is to provide an ordinance for review and approval. The amendment would revise City of Dubuque Code or Ordinances Title 13 Public Utilities Chapter 2 Article C, Section 13-2C-3 Rates Established DISCUSSION: In FY04, the City Council established non-stormwater utility funding to help low-income households pay their monthly stormwater utility fee. As part of the FY21 budget process the City Council approved extending this benefit to other City run utilities. An ordinance change is necessary to ensure consistency across enterprises. The attached ordinance language directs the City Manager to develop a policy for evaluating cases of extreme financial hardship, whereby the City Manager would have the ability to make adjustments in the residential rate as determined by the terms and conditions of the adopted policy RECOMMENDATION: I recommend that you approve the proposed ordinance changes and submit them to the City Council for approval at their June 1, 2020 City Council Meeting. Cc: Crenna Brumwell, City Attorney Jennifer Larson, Director of Finance & Budget Kevin Firnstahl, City Clerk Randy Gehl, Public Information Officer Attachments: Rates Established Ordinance Service People Integrity Responsibility Innovation Teamwork Masterpiece ❑n the Mississippi 2020 APPLICATION FOR REDUCED UTILITY FEES Utility Billing Office City Hall 50 West 13th St. PO Box 1063 Dubuque, IA 52001 563-589-4144 The ordinances which establish monthly utility fees allow for a reduction of base fees for residential premises. Eligibility is based on household size and income. INCOME GUIDELINES ELIGIBILITY REQUIREMENTS Household Size 1 2 3 4 5 6 7 8 Income Limit $29,050 $33,200 $37,350 $41,450 $44,800 $48,100 $51,400 $54,750 as (Print) Last Name First Middle Maiden Head of Household living at Address Apt# Dubuque, Iowa, hereby apply for a reduction in monthly water, sewer, refuse & stormwater fees and submit the following information to support my application: 1) Total gross annual household income from all persons (18 and older) $ 2) Do you currently receive Section 8 Housing Choice Voucher assistance? Yes* No *If yes, proof of income is not required. Skip to number 4. 3) Do you file a federal income tax return? Yes No If ygs, must include a copy of most recent year tax return. If j, include copy of all that apply: W-2, three consecutive pay stubs for wages/salary, bonuses, social security benefit information for all persons residing in the household, pension benefit information, child support, alimony, rental income and any other income, etc. 4) Telephone number 5) List all occupants living in the household First Name Last Name Social Security Number Date of Birth Relationship to you 1 Self 2 3 4 5 6 Additional Information I declare, under penalties of perjury, that the information provided above is correct and true to the best of my knowledge and belief. I agree to notify the City of Dubuque immediately of any change in the information provided above. I authorize the City of Dubuque to verify information submitted. ❑ I have included documentation to support my income. Signature of Applicant Date FOR CITY USE ONLY Account # Route Received by Date Emailed Housing confirm HCV Approved throulc h 20 Denied:❑ Overincome ❑Sent Letter ❑Did not provide proof of income Reviewed by Date May 2020 City of Dubuque Reduced Utility Fees Application must be submitted by the head of household for your primary residence only. Print your complete name. Print your full address, including any apartment number. The application requests the following additional information in support of your application: Question 1: Enter your TOTAL GROSS household income for the year. Remember that this figure must include the income of ALL persons 18 and older residing in the household, and must include income from salary and wages, social security, child support, pensions, insurance benefits, alimony, interest and dividends and all other income. Question 2: Please indicate if you receive Section 8 Housing Choice Voucherassistance. Question 3: Please indicate if you file a federal income return. If Yes, include copy of most recent tax return filed. If No, include a copy of all that apply: W-2, copies of three consecutive pay stubs for wages/salary, social security benefit information for all persons residing in the household, pension benefit information, child support, alimony, rental income and any other income, etc. City requires some form of verification of income. Question 4: Enter your telephone number. Question 5: Enter the total number of persons living in your household, including yourself. (Note: Must provide first and last name, social security number, date of birth and relationship for yourself and each individual) After completing the form, check the information carefully and read the declaration before signing. By signing the application, you are declaring, under penalty of perjury, that the information is true and correct to the best of your knowledge and belief, and that you agree to notify the City of any change in the information provided. Be sure that the application is SIGNED AND DATED before returning to City Hall. Annual renewal required. Return Aaalication form to: City of Dubuque Utility Billing 50 West 13th Street (52001-4845) PO Box 1063 Dubuque, Iowa 52004-1063 Fax 563-690-6688 utilityb©cityofdubuque.org If you have any questions, please call Utility Billing at (563)589-4144. ORDINANCE NO. 24-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE C RATES, SECTION 13-2C-3 RATES ESTABLISHED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-2C-3 RATES ESTABLISHED, of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-2C-3: RATES ESTABLISHED: Contributors whose property lies within the corporate limits of the City, except as otherwise provided in this article, shall pay to the City at the same time payment for water services is made, a sewer service charge computed on water consumption on the following rates: A. Basic Charges: 1. The sewer rates and charges shall be based on the quantity of water used on or in the property or premises. For all customers utilizing sewer service, bills will be issued on estimated consumption. For estimated billings, either on alternate months, or when a reading on a water meter is not obtainable for any reason, consumption will be predicated on the monthly average of the past usage for the metered account. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identified in subsection C7 of this section for the size of the water meter in service for the particular account. 2. Basic Charge Exception. The City Manager shall establish a policy for evaluating cases of extreme financial hardship for residential customers and the City's ability to make adjustments in the monthly basic charge for residential customers as determined by the terms and conditions of the policy and the funds allocated, and available, through the budget process. Section 2. This Ordinance shall take effect on the 1st day of July, 2020. Passed, approved and adopted this 1st day of une, 2020. Gv,. Roy D. Bui, Mayor Attest: Kevin S. Firnstahl,City Clerk EFFECT OF AMENDMENT 13-2C-3: RATES ESTABLISHED: Contributors whose property lies within the corporate limits of the City, except as otherwise provided in this article, shall pay to the City at the same time payment for water services is made, a sewer service charge computed on water consumption on the following rates: A. Basic Charges: 1. The sewer rates and charges shall be based on the quantity of water used on or in the property or premises. For all customers utilizing sewer service, bills will be issued on estimated consumption. For estimated billings, either on alternate months, or when a reading on a water meter is not obtainable for any reason, consumption will be predicated on the monthly average of the past usage for the metered account. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identified in subsection C7 of this section for the size of the water meter in service for the particular account. 2. Basic Charge Exception. The City Manager shall establish a policy for evaluating cases of extreme financial hardship for residential customers and the City's ability to make adjustments in the monthly basic charge for residential customers as determined by the terms and conditions of the policy and the funds allocated, and available, through the budget process. B. Schedule Of Rates: Rate per each 100 cubic feet $5.27 Rate per each gallon 0.00704 C. Service Charge: 1. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the City's sanitary sewer system, is not a user of water supplied by the City Water Division and the water used thereon or therein is not acceptable to the City, the amount of water used shall be determined by the City in such a manner as the City Manager may elect to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a meter acceptable to the City for said purposes. 2. When a parcel of real estate, property or building discharging sanitary sewerage, industrial wastes, water or other approved waste, either directly or indirectly into the City's sanitary sewer system, is a user of water supplied by the City Water Division and in addition uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the City, the amount of water used shall be determined by the City in such a manner as the City Manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense may install and maintain a meter acceptable to the City for said purposes. 3. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the City's sanitary sewer system, is not a user of water supplied by the City Water Division, the amount of sanitary sewage, industrial wastes, water or other approved waste discharged into the sanitary sewer system shall be determined by the City in such a manner as the City Manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a sewage meter acceptable to the City for said purposes. 4. The City Council may, in its discretion, when applicable, permit connection to the City sanitary sewer system of properties located outside the corporate limits upon such terms and conditions as it may establish; provided, however, that such terms shall not be more favorable to such property than rates herein established for City users. 5. In order that the rates and charges may be modestly and equitably adjusted to the service rendered, the City shall have the right to base its charges not only on volume, but also on the strength and content of the sewage and wastes of the user. The City shall have the right to measure and determine the strength and content of all sewage and wastes discharged either directly or indirectly into the City's sanitary sewer system, in such manner and by such methods as it may deem practicable in the light of the conditions and circumstances of the case in order to determine the proper charge. Extra charges will be applicable and negotiated with users on an individual account basis when concentration of the sewage exceeds three hundred milligrams per liter (300 mg/L) of biochemical oxygen demand, three hundred fifty milligrams per liter (350 mg/L) of suspended solids or two percent (2%) or more of the flow rate into the sewage treatment plant. 6. The rates and charges may be billed to the tenant and tenants occupying the properties served, unless otherwise requested in writing by the owners, but such billings shall in no way relieve the owner from liability in the event payment is not made as required in this article. (2007 Code § 44-83) 7. Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size Minimum (Inches) i Charge Allowance (Cubic Feet) Allowance (Gallons) 5/8 $10.53 200 1,496 3/4 [26.33 500 [3,740 1 or larger 42.24 800 5,984 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 06/05/2020 and for which the charge is 25.16 Subscribed to before me, a Notary Publi and for Dubuque County, Iowa, this 5th day of June, 2020 Notary P6blic in and for Dubuque County, Iowa. JANET K. PAPE Commission Humber 199659 My Comm. Exp, DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 24-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE C RATES, SECTION 13-2C-3 RATES ESTABLISHED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-2C-3 RATES ESTABLISHED, of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-2C-3: RATES ESTABLISHED: Contributors whose property lies within the corporate limits of the City, except as otherwise provided in this article, shall pay to the City at the same time payment for water services is made, a sewer service charge computed on water consumption on the following rates: A. "Basic Charges: 1. "The sewer rates and charges shall be based on the quantity of water used on or in the property or premises. For all customers utilizing sewer service, bills will be issued on estimated consumption. For estimated billings, either on alternate months, or when a reading on a water meter is not obtainable for any reason, consumption will be predicated on the monthly average of the past usage for the metered account. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption ident-ified in subsection C7 of this section for the size of the water meter in service for the particular account. 2. "Basic Charge Exception. The City Manager shall establish a policy for evaluating cases of extreme financial hardship for residential customers and the Citys ability to make adjustments in the monthly basic charge for residential customers as determined by the terms and conditions of the policy and the funds allocated, and available, through the budget process. **** Section 2. This Ordinance shall take effect on the 1st day of July, 2020. Passed, approved and adopted this 1st day of June, 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of June 2020. /s/Kevin S. Firnstahl, City Clerk It 6/5