H-5 UTILITY RATES, FEES AND DEPOSITS

H-5-1 PURPOSE

The purpose of this chapter is to establish reasonable rates, fees, and deposits for connection to and use of the municipal utility services, including electric utility rates, water utility rates, sewer utility rates, and also meter deposit charges in association with the use and monitoring of these utilities.

Authority: SDCL 9-35-1, 9-48-26, 9-48-27, 9-48-28, 9-48-31, 9-39-23

H-5-2 ONE-TIME CONNECTION FEES

H-5-2 ONE-TIME CONNECTION FEES

The following one-time connection fees must be paid in full before the service can be energized:

A. Electric Connection Fees:

(1.) Residential Electric Connection Fee. A non-refundable, one-time fee in the amount of $500.00 plus applicable taxes shall be paid for a 200 amp, single phase electric service, prior to the permanent connection of a new service. The actual cost for labor and materials shall be paid by the residential customer for modifying or altering an existing service. A non-refundable, one-time fee in the amount of $850 plus applicable taxes shall be paid for a 400 amp, single phase electric service. Electric service greater than a 400 amp, single phase electric service will follow the same cost participation as the commercial electric connection fee.

(2.) Commercial Electric Connection Fee. Prior to the connection of a new service or upgrade, a written estimate of the cost, including but not limited to wire, transformer, trenching, labor, and miscellaneous materials, shall be prepared by the Director of Public Works, or his designee, and presented to the owner, or his designee, for approval. One hundred percent (100%) of the actual cost of installation, along with the appropriate deposit as required by H-5-3 plus applicable taxes, shall be paid prior to the permanent connection or reconnection of the service.

B. Temporary Electric Service Fee.

A non-refundable, one-time fee in the amount of $65.00 plus applicable taxes shall be paid for a temporary electric service, prior to the connection of the service.

C. Water connection fees.

1. Water connection fees shall be set by resolution duly adopted by the City Council.

D. Sewer connection fees.

1. Sewer connection fees shall be set by resolution duly adopted by the City Council.

E. Notwithstanding and in addition to any other fee prescribed in this chapter, a non-refundable utility account connection fee of Ten Dollars ($10) plus applicable taxes shall be paid in addition to the refundable meter deposit as prescribed in H-5-3 prior to the connection or the transfer of the utility account.

In all cases where the City must expend more than the connection fee to obtain a connection satisfactory to the City, such additional expense shall be borne by the owner, and paid prior to approval of the connection.

Source: Ordinance No. 821, 851, 870, 878, 883

H-5-3 REFUNDABLE METER DEPOSITS

A.  A refundable deposit for security on the utility meters shall be paid prior to the connection or transfer of the utility account.  The deposits shall be:

1. Residential – One Hundred Dollars ($100) plus applicable taxes with a favorable credit reference or Two Hundred Dollars ($200) plus applicable taxes without a favorable credit reference.

2.  Small commercial – One Hundred Fifty Dollars ($150) plus applicable taxes

3. Large commercial – Four Hundred Dollars ($400) plus applicable taxes.

B. Subject to H-6-6 and H-6-8, when a utility customer terminates service without a transfer to a new service address and all City property associated with the terminated service is accounted for, the deposit imposed under this section shall be returned immediately or applied to the utility customer’s final bill.  The Finance Officer shall provide a report to the City Council of all paid returned deposits at the next City Council meeting for ratification.

Source: Ordinance No. 883, 899, 935, 1017

H-5-5 ELECTRIC UTILITY RATES

AN ORDINANCE AMENDING ORDINANCE NO. 809, CHAPTER H-5 UTILITY

BE IT ORDAINED by the City Council, in and for the City of Fort Pierre, South Dakota:

Section 1.  That Effective December 27, 2018 Ordinance No. 809 be amended in the following sections to read as displayed:

The charge for each kilowatt hour of electrical power registered on the electric meter or meters for the premises shall be as follows:

Residential Customers

Customer Charge – $12.00 per month
Energy Charge (per kWh)

All kWh (June-Aug) – $.095
All kWh (Sept-May) 0-1000 kWh – $.082
All kWh (Sept-May) over 1000 kWh – $.074

Electric Generation Surcharge

All kWh – $.009

Small Commercial Customers

Customer Charge

Single Phase – $18.00 per month
Three Phase – $24.50 per month

Energy Charge (per kWh)

All kWh (June-Aug) – $.097
All kWh (Sept-May) – $.083

Electric Generation Surcharge

All kWh – $.009

Large Commercial Customers

Customer Charge – $34.00 per month

Energy Charge (per kWh) – $.035

Demand Charge (per kWh)

June-Aug – $16.70
Sept-May – $12.90

Electric Generation Surcharge

All kWh – $.009

Customers whose usage exceeds 5,000 kWh in three (3) or more months during a 12-month period will be placed in the Large Customer Class for a minimum of one (1) year.

Security Lights

Flat Charge – $11.00 per month per light

A distribution surcharge of $.027 per kWh will be added for all consumers outside the corporate limits of the City of Fort Pierre.

The customer charge for every user shall be pro-rated to the owner or occupant for the residential dwelling unit based upon the occupied number of days during the first and last months of occupancy.

Ordinance No. 809, 812, 851, 872, 876, 883, 899, 917, 960, 980, 1004. 1017, 1026

H-5-6 RATES FOR WATER SERVICES

The owner or occupant of each residential or non-residential facility connected to the municipal water services shall pay for the use of such service a monthly fee based upon the following:

Within City Limits:

Base Rate                              $25.00                                                   (base-no gallons included)

Second Tier                           $2.25 per one thousand                    0 to 40,000 gallons

Third Tier                              $2.75 per one thousand                     Above 40,000 gallons

Outside City Limits:

Base Rate                              $37.50                                                   (base-no gallons included)

Second Tier                           $2.25 per one thousand                    0 to 40,000 gallons

Third Tier                              $2.75 per one thousand                     Above 40,000 gallons

The base rate fee for every user shall be pro-rated to the owner or occupant for the residential or non-residential dwelling unit based upon the occupied number of days during the first and last months of occupancy.

Source: Ordinance No. 809, 883, 899, 917, 921, 923, 950, 960, 988, 1017, 1026

H-5-7 RATES FOR NON-RESIDENTIAL WATER SERVICES (Refer to H-5-6)

H-5-8 WATER UTILITY RATES

The owner of each residential or non-residential water pipeline connected to the municipal water services for services beyond the City boundaries shall be required to apply for a permit or license with the City of Fort Pierre allowing for the purchasing of such municipal water services. The contract must stipulate rates, gallonage, billing procedure, and other provisions for providing water services as the City Council may determine appropriate.

Authority: SDCL 9-47-1

H-5-9 RATES IN CASE OF METER FAILURE

In cases where meters fail to register the amount of water passing through them by being stopped up, or from any cause whatever, the quantity used shall be determined and the charge made based upon the average amount used during the two or more preceding periods of similar length. If the average amount can not be determined then the flat rates as given in this chapter will be charged to the consumer. In case of breakage or stoppage or any other irregularity in the meter installed by the City, the owner or consumer is to immediately notify the City Finance Office, and any necessary repairs will be made by the City Water Department.

Source:

Authority: SDCL 9-47-1

H-5-10 SEWER UTILITY RATES

H-5-10.1 PURPOSE

The purpose of this ordinance is to generate sufficient revenue to pay all costs for the operation and maintenance and construction of the complete wastewater system. The costs shall be distributed equitably to all users of the wastewater system.

Authority: SDCL 9-48-2, 9-48-13, 9-48-27

H-5-10.2 DEFINITIONS

A. “Biochemical Oxygen Demand (BOD)” shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius expressed in milligrams per liter.

B. “Primarily segregated domestic wastes” shall mean that sewage that is introduced into a building sewer and which contains no more than fifty percent (50%) industrial waste, prior to any intentional dilution.

C. “Non-residential user” shall mean all users that are not residential users that introduce only domestic or primarily segregated domestic waste into a building sewer.

D. “Residential user” shall mean all users that introduce only sanitary sewage resulting from household operations into a building sewer.

E. “Sanitary sewage” shall mean the water-carried wastes from residences, hotels, restaurants, eating houses, or from business establishments or premises engaged solely in the sale, storage or repair of goods, wares or merchandise, and which contains garbage and human wastes.

F. “Sewer use charge” shall mean a monthly charge to all users of the wastewater facilities that is based on sewage volume, strength and/or flow.

G. “Total Suspended Solids (TSS)” shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as nonfilterable residue.

Source:

Authority: SDCL 9-48-2

H-5-10.3 DETERMINING THE TOTAL ANNUAL COST OF OPERATION AND MAINTENANCE

The City of Fort Pierre, its Finance Officer, or his designee shall determine the total annual cost of operation and maintenance of the wastewater system in the City. The total annual cost of operation and maintenance shall include, but not be limited to labor, repairs, equipment, replacement, maintenance, necessary modifications, power, sampling, laboratory tests, construction for replacement or expansion of existing facilities, and a reasonable contingency fund.

Authority: SDCL 9-48-2, ch. 9-48

H-5-10.4 RATE DETERMINATION

A. All wastewater discharge to the wastewater system operated by the City shall be paid for by the consumer or owner of the premises.

B. Residential users shall all be considered one class of user and the service charge will be based on the average residential water use of seven thousand (7,000) gallons per month.

C. Non-residential users:

1. Non-residential users who use no more than a typical residence will have the service charge based upon seven thousand (7,000) gallons per month.

2. Non-residential users who use more than a typical residence will have the same service charge as a residential user for the first seven thousand (7,000) gallons per month plus, a charge per one thousand (1,000) gallons for all flows over seven thousand (7,000) gallons per month.

3. Non-residential users shall pay a surcharge for above normal BOD and TSS loadings. The surcharge is to cover the operation and maintenance costs for treating above normal BOD and TSS loadings. Normal BOD and TSS loadings are considered to be equal to the average domestic sewage strength for the City or two hundred (200) ppm for TSS.

Source:  Ord 917

Authority: SDCL ch. 9-48, 9-48-2, 9-48-27

H-5-10.5 MINIMUM RATES AND MONTHLY CHARGE

A.     Each Residential dwelling unit, as defined in the currently adopted building code connected either directly or indirectly to the wastewater system shall pay a minimum monthly fee of Twenty-four Dollars and 60/100 Cents ($24.60).  Those Residential customers, who are outside city limits, shall pay a minimum monthly fee of Thirty-six Dollars and 90/100 Cents ($36.90).

B.     Each Residential dwelling unit as identified in H-5-10.5 (A), in addition to the minimum monthly fee, shall pay Two Dollars and no/100 Cents ($2.00) per one thousand (1,000) gallons of water. This additional fee shall be based on the average gallons of water used in such dwelling during the months of January, February, and March of each calendar year. If no gallons of water are used during January, February, or March for a residential dwelling unit, a fee based on 3000 gallons of water will be used in lieu of an average of those months.

C.      Each Non-residential user, not otherwise classified as a residential dwelling unit, connected either directly or indirectly to the wastewater system shall pay a minimum monthly fee of Twenty-four Dollars and 60/100 Cents ($24.60).  Those Non-residential customers, who are outside city limits, shall pay a minimum monthly fee of Thirty-six Dollars and 90/100 Cents ($36.90).

D.     Each user not identified as a residential user shall pay, in addition to the minimum monthly fee, Two Dollars and no/100 Cents ($2.00) per one thousand (1,000) gallons of water used or any portion thereof.

E.          The minimum monthly fee for every user shall be pro-rated to the owner or occupant for the residential dwelling unit or non-residential user based upon the occupied number of days during the first and last months of occupancy.

F.          The City of Fort Pierre designates $.85 (eighty-five cents) of the established monthly minimum rates collected as captured and committed as a Wastewater Surcharge.  Said commitment is subject to adjustment from time to time by ordinance as necessary to repay a $216,000 Clean Water State Revolving Loan Fund (SRF) over a period of no more than thirty (30) years at an interest rate of three and one-quarter percent (3.25%), in accordance with the loan agreement to be entered into by the City of Fort Pierre and the SD Department of Environment and Natural Resources, the proceeds of which loan are to be used for the Wastewater Treatment Improvements project.  Such surcharge shall be segregated from all other funds of the City of Fort Pierre, shall be and are hereby pledged to secure such loan, and shall be used for no purposes other than the repayment thereof.

Source: Ord. 834, 856, 899, 809, 917, 923, 950, 954, 960, 1017, 1026

Authority: SDCL 9-39-23, ch. 9-48, 9-48-2, 9-48-27

H-5-10.6 SPECIAL ARRANGEMENTS

Any non-residential user receiving metered water for uses that result in portions of the water not being discharged to the wastewater system may have their sewer use charge adjusted by showing, at the owner’s expense, what percentage of the metered water is not being discharged to the system.

Source:

Authority: SDCL 9-48-2, 9-48-27

H-5-10.7 SEWER FUND

All funds, fees, rentals, charges, or rates collected under the authority of this chapter shall be remitted to the City Finance Officer each month and shall be kept in a separate fund to be known as the Sewer Fund. Such fund shall be used only for the purpose of paying the cost of financing the operation, maintenance, or construction of the sanitary utilities. However, no part of such fund shall be used to meet the cost of construction of lateral sewers serving proposed future development areas or the portion of the cost of sanitary sewer utilities that have been financed by special assessment against benefited properties.

Source:

Authority: SDCL 9-48-29

H-5-10.8 WASTEWATER FACILITIES REPLACEMENT FUND

A reserve fund called the Wastewater Facilities Replacement Fund is hereby established within the Sewer Fund for the purpose of providing sufficient funds to be expended for obtaining and installing equipment, accessories and appurtenances during the useful life (twenty (20) years) of the wastewater treatment facilities necessary to maintain the capacity and performance for which such facilities are designed and constructed.

Source:

Authority: SDCL 9-48-29

H-5-10.9 WASTEWATER FACILITIES REPLACEMENT FUND SCHEDULE

The reserve fund called the Wastewater Facilities Replacement and Capital Outlay Fund is established within the Sewer Fund as an interest-bearing account shall be funded by a deposit of Three and 50/100 Dollars ($3.50) per user per month obtained from the Sewer Fund at the end of each month.

Source:

Authority: SDCL 9-48-29

H-5-10.10 REVIEW OF EACH USER’S WASTEWATER SERVICE CHARGE

The City shall review the total annual cost of operation and maintenance as well as each user’s wastewater service charge on an annual basis to assure equity of the service charge system established herein. If a significant user, such as an industry, has completed in-plant modifications which would change that user’s wastewater contribution, the user can present at a regularly scheduled meeting of the governing body such factual information and the City shall then determine if the user’s wastewater service charge is to be changed. The City shall notify the user of its findings as soon as possible.

Source:

Authority: SDCL 9-48-27

H-5-10.11 NOTIFICATION OF USER RATES

Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges that are attributable to wastewater treatment services.

Source:

Authority: SDCL 9-48-27

H-5-11 SPECIAL RATES

Whenever a consumer resides outside the limits of the City of Fort Pierre and there are other special circumstances which increase or otherwise affect the cost of supplying utilities to a given consumer, the City may, by and through the Director of Public Works or his designee, negotiate with the prospective consumer as to rates, quantities, and other characteristics beyond the connection fee. Where these extraordinary circumstances occur, the City shall not be bound to furnish the utility service at the rates previously established herein or to provide the utility service at all.

Source:

Authority: SDCL 9-48-32

H-5-12 WASTEWATER DEBT SERVICE RESERVE FUND

A reserve fund called the Wastewater Debt Service Reserve Fund is hereby established within the Sewer Fund for the purpose of providing sufficient funds to be expended to service the debt associated with both the Clean Water Revenue Borrower Bond, Series 2004, dated August 9, 2004, and the Clean Water Revenue Borrower Bond, Series 2006, to be closed no later than September 1, 2006. The fund shall be funded until April 1, 2018 by a deposit of $5.55 per user per month obtained from the fees received by the Sewer Fund at the end of each month. After April 1, 2018, the deposit will equal $2.45 per user per month obtained from the fees received by the Sewer Fund at the end of each month. Upon the maturity and closure of the Clean Water Revenue Borrower Bond, Series 2006, this reserve fund shall be closed and the fees collected shall cease to be collected.

Source: Ordinance No. 858

Authority: SDCL 9-39-23, 9-48-2