Full Text
ORDINANCE NO. 2020-01 AN ORDINANCE AMENDING TITLE 8, CHAPTER 2, ARTICLE II SECTION 40-B-2, OF THE CITY OF CODY CODE: WATER; DOMESTIC SERVICE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, PARK COUNTY, WYOMING: Title 8, Chapter 2, Section 40-B-2, of the City of Cody Code, shall be amended to provide as follows: 8-2-40: SCHEDULE OF RATES AND CHARGES: The rates for metered water sold within the City limits shall be as follows: The minimum charge for each meter shall be as follows: SMP Charge Base Charge Meter Size $ 11.00 $ 13.00 3/4 inch 22.00 26.00 1 inch 44.00 52.00 11/2 inches 77.00 91.00 2 inches 176.00 208.00 3 inches 308.00 364.00 4 inches 1,408.00 768.00 6 inches The SMP fee is the wholesale tap equivalency fee charged by the Shoshone Municipal Pipeline. The base charge is the fee assessed by the City for the operation and maintenance of the water lines. The minimum fee is calculated as follows: SMP charge + base charge + $2.60 per thousand gallons per month. In the event that the water meter is permanently removed and the service will no longer be usable on the property, the base fee and SMP fee may be removed from the utility account. In all other circumstances, the base fee and SMP fee will be charged on a basis, regardless of usage. Payment of bills shall be as outlined in the City electric ordinance, chapter 1 of this title. (Ord. 2017-08, 5-15-2017) A. The rate of metered water sold outside the corporate limits shall be the same as listed above, unless determined otherwise by the Governing Body, and shall at no time exceed one and one-half (11/2) times the rates listed above. B. The rate and regulations for unmetered water taken from a fire hydrant, the City water crane or any unmetered source shall be as follows: 1. For water taken from the City water crane, a minimum of seven dollars twenty two cents ($7.22) for the first one thousand (1,000) gallons or less, plus seven dollars twenty two cents ($7.22) per one thousand (1,000) gallons for each additional one thousand ---PAGE BREAK--- (1,000) gallons, or any fraction thereof, per trip or load. 2. For water taken from a fire hydrant on or after April 1, 2020: a. Except as provided in Paragraph 3 below, prior to any person or entity (customer) using or taking domestic City water from any fire hydrant is required to complete a hydrant water sales agreement, pay the required deposit to the City of Cody, and obtain a hydrant meter assembly from the City’s Water Department. b. A deposit of $500 shall be paid at the time a meter assembly is checked out. When the meter assembly is returned, pending the testing of assembly for damage, the deposit shall be applied first to any outstanding charges including any repair costs. Any deposit balance remaining shall be refunded to the customer. If a customer exchanges meters, the deposit may be transferred to the new meter. This deposit requirement does not apply to customers electing to purchase a meter. c. The meter assembly rental fee shall be $50.00 per month, per meter assembly. In lieu of a rental fee a meter assembly may be purchased from the City at cost. Purchased meters may not be returned for credit against the purchase of a new meter or outstanding charges. Purchasing a meter does not relieve the customer from the other requirements of this Section. d. The fee for water use shall be a minimum of seven dollars and twenty-two cents ($7.22) per thousand gallons or any fraction thereof, of water used. This fee may be adjusted to the wholesale cost to the City if the water is used for City funded projects. e. An electronic picture of the meter dial must be submitted between the 1st and the 5th of every month to the email address listed on the water sales agreement. In lieu of submitting an electronic photo of the meter dial, the meter may be brought to the Water Department during regular business hours to be read and verified by City personnel. Failure to submit a meter reading by the due date shall result in a late fee of $40.00 and may be cause for confiscation of the rented meter and forfeiture of the deposit. f. An invoice shall be sent each month to the billing address listed on the water sales agreement showing charges for actual consumption registered by the hydrant meter, the rental fee, any late charges, and any repair charges. Payment for all charges billed is due within 30 days of the invoice date. Any charges billed for hydrant meter service which are not paid by the invoice due date shall be subject to a charge of one and one-half percent per month until said obligation has been paid. g. Customer shall return the meter (rented or purchased) and additional equipment checked out to the City within 15 days of the one-year anniversary of the check-out date for testing and inspection. If the meter is rented, the customer shall be given a replacement meter and will be billed for the repair or replacement of any components of the assembly found to be damaged. If a purchased meter fails the testing and inspection the customer shall either purchase a new meter or rent a meter from the City. Failure to return the meter and equipment for inspection by the due date shall result in a fee if $100.00 and may be cause for confiscation of the rented meter, equipment, and forfeiture of the deposit. h. The City may terminate the hydrant water sales agreement if the customer violates or breaches any part of the Agreement, or violates any part of the applicable ordinance. A breach or violation which may result in termination includes, but is not limited to: failure to report meter readings by the due date, non-compliance with the annual meter exchange and inspection requirements, non-payment or partial payment of any fees or charges due, late payments, or damaging hydrants and/or hydrant meter assemblies. If the City terminates the Agreement due to a breach by the Customer, the City may demand return of the rented hydrant meter assembly and immediate payment of any and all charges, fees, and cost owed to the City. Upon such demand, the Customer shall ---PAGE BREAK--- return the rented hydrant meter assembly and any additional items checked out, in as good condition as when it was received by the Customer (normal wear and tear excepted), no later than five business days after the date of the termination of the Agreement. i. The customer shall be responsible for protecting the rented meter from freezing, or damage of any kind. In the event the rented meter is frozen or damaged the customer shall reimburse the City for the cost of repairs or replacement. j. If the customer checks out additional items with the rented or purchased meter assembly, the customer shall be responsible for returning the additional items when the meter assembly is returned for the annual inspection. The customer shall reimburse the City for the cost of any unreturned or damaged items. k. Taking water from a fire hydrant without a City issued meter assembly when required shall constitute a misdemeanor and, upon conviction, may be punished by a fine of not more than seven hundred fifty dollars ($750.00). 3. Any person desiring to take domestic City water from any other unmetered source, excepting City personnel for authorized City purposes and Fire Department personnel for authorized Fire Department purposes, shall first obtain a written permit from the Public Works Director or his/her designee. Such permit shall fully state the name and billing address of the person or party responsible for payment of water taken, meter number for meter used, and the location of the source (hydrant) from where the water is to be taken. The fee for the use of water shall be a minimum of seven dollars twenty two cents ($7.22) for the first one thousand (1,000) gallons or less, plus seven dollars twenty two cents ($7.22) per one thousand (1,000) gallons for each additional one thousand (1,000) gallons, or fraction thereof, per trip or load. This fee may be adjusted to the cost of the water from SMP to the City, if the water is used for City projects or as determined by the Governing Body. This Ordinance shall become effective at the final passage and publication in the Cody Enterprise as required by law. PASSED ON FIRST READING: 02/18/2020 PASSED ON SECOND READING: 03/03/2020 PASSED ON THIRD READING: 03/17/2020 MATT HALL, Mayor ATTEST: D. Baker Administrative Services Director