Explanation
BACKGROUND
This ordinance requests additions to Columbus City Codes to allow an additional charge, calculated on a per thousand cubic foot basis, to be applied to all volumes of service charges rendered within service areas outside the city to fully recover any and all costs associated with fees or charges imposed on the city water distribution system and sanitary sewer system during the applicable billing period for the use of rights of way within that service area. In addition this ordinance requests addition of authority within the Water and Sewer Codes to further define sewer service outside the City of Columbus, the definition of non contract sewer service areas and charges for non contract areas or areas where the contract has expired or been terminated.
FISCAL IMPACT
Fiscal Impact: Impacts on future revenues are not estimated because these provisions only apply when and if certain outside city contract situations are experienced.
BACKGROUND
This ordinance also requests additions to Columbus City Codes to define within the Codes the terms Wet Weather Charge and Equivalent Residential Unit (ERU) and to further specify the terms by which sewer consumption and Wet Weather Charges will be billed. Ordinance 1904-2006 established within Columbus City Codes a Wet Weather Charge for recovery of costs of construction of projects necessary to meet the requirements of consent orders that mandate elimination of wet weather flow from Combined Sewer Overflows and Sanitary Sewer Overflows. The ordinance also explained the calculation of the charge based on an Equivalent Residential Unit of 2000 sq ft. The ordinance did not include definitions of the terms Wet Weather Charge and Equivalent Residential Unit in the amendments and additions made to Columbus City Codes, nor did the ordinance specify within Section 1147 the circumstances in which sewer consumption charges and Wet Weather Charges could be back billed. Provisions for back billing of water and sewer accounts are currently included in Section 1105.18 of Columbus City Codes. This ordinance will place into Sewer Code Section 1147 similar language. This ordinance will include definitions of both terms into Columbus City Codes and add language consistent with other chapters of Water and Sewer Columbus City Codes on billing of charges. The requested amendments and additions do not change current billing procedures and are offered to provide clarity to anyone reviewing the Columbus City Codes regarding these subjects.
FISCAL IMPACT
Fiscal Impact: Does not impact revenues.
Title
To amend Chapters 1105, 1147 and 1149 of the Columbus City Codes 1959, to enact new sections relating to outside city contracts and right of way charges and the definition of the Wet Weather Charge and the Equivalent Residential Unit and the back billing of unbilled sewer consumption and Wet Weather Charges, and to repeal the existing Sections being amended.
Body
WHEREAS, This ordinance requests additions and amendments to Columbus City Codes to establish an additional charge to be applied to all volumes of water and sewer charges rendered within service areas outside the city to fully recover costs associated with fees or charges imposed on the city water and sewer systems for use of rights of way within that service area, and
WHEREAS, This ordinance requests additional authority to further define sewer service outside the city and defines non contract sewer service areas and charges for non contract areas or areas where the contract has expired or been terminated, and
WHEREAS, Ordinance 1904-2006 established within Columbus City Codes the Wet Weather Charge for recovery of costs of construction of projects necessary to meet the requirements of consent orders that mandate elimination of wet weather flow from Combined Sewer Overflows and Sanitary Sewer Overflows, and
WHEREAS, The ordinance also explained the calculation of the charge based on an Equivalent Residential Unit of 2000 sq ft, and
WHEREAS, The ordinance did not include definitions of the terms Wet Weather Charge and Equivalent Residential Unit, and
WHEREAS, The ordinance did not define the terms by which unbilled sewer consumption and Wet Weather Charges could be billed, and
WHEREAS, This ordinance also enacts Section 1147.20 to clearly define the back billing of sewer consumption and Wet Weather charges, and
WHEREAS, This ordinance will provide clarity to anyone reviewing the Columbus City Codes regarding these subjects, now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. To enact Section 1105.056 of the Columbus City Codes, 1959:
1105.056 Rights of Way Additional Charges
An additional charge, calculated on a per CCF basis, shall be applied to all volumes of service charges rendered within service areas outside the city to fully recover any and all costs associated with fees or charges imposed on the city water distribution system during the applicable billing period for the use of rights of way within that service area.
Section 2. To enact Sections 1147.01, (am) and (an) of the Columbus City Codes which shall read as follows:
1147.01 Definitions
(am) "Sewer service outside the city" means sewer service furnished to consumers in contract areas or sewer authorized by the Director of Public Utilities for consumers in non-contract areas.
(an) "Non-contract areas" means areas outside the city provided with sewer service by the city where no contract exists with a political subdivision.
Section 3. To amend Section 1147.11 of the Columbus City Codes, 1959, and to repeal the section being amended:
1141. Rate schedules.
(b) Charges Outside Corporate Limits. For the purpose stated in Sections 1147.02 and 1147.12, there is hereby charged to each user situated outside the corporate limits of the city, within areas covered by contracts for sewer service, having any active sewer connection with the sewerage system of such city or otherwise discharging sewage, industrial wastes, other liquids, either directly or indirectly into the city's sewerage system, sewer charges as hereinbefore provided, and in the amount determinable as follows:
Section 4 To enact Sections 1147.11 (b), (2) and (3) of the Columbus City Codes which shall read as follows:
1147.11(b)
(2) For non-contract areas or areas where the contract has expired or been terminated, the outside city rates shall be the rates set forth in 1147.11(b) (1) multiplied by one and one-half (1.5)
1147.11(b)
(3) An additional charge, calculated on a per CCF basis, shall be applied to all volumes of service charges rendered within service areas outside the city to fully recover any and all costs associated with fees or charges imposed on the city sewerage system during the applicable billing period for the use of rights of way within that service area.
Section 5. To enact Sections 1147.01, (ao) and (ap) of the Columbus City Codes which shall read as follows:
1147.01 Definitions
(ao) "Wet Weather Charge" - A charge based upon the Equivalent Residential Unit to recover costs of construction of projects necessary to meet the requirements of consent orders that mandate elimination of wet weather flow from Combined Sewer Overflows and Sanitary Sewer Overflows. This charge recovers debt service costs and other expense of all projects related to correcting wet weather overflows
(ap) "Equivalent Residential Unit" (ERU) - Each ERU is based on 2000 sq ft of impervious surface area. Residential customers are assigned one (1) ERU per residence. All other customers are charged based on measured impervious area divided by 2000 sq ft to determine an ERU equivalent. The maximum per customer charge based on calculated ERUs is 1,000.
Section 6. To enact Section 1147.20 of the Columbus City Codes which shall read as follows:
1147.20 Corrections to billing; limits; exception.
(A) If the Division of Sewerage and Drainage or its agent has undercharged a customer for sewer service because of a malfunctioning metering system or billing error, the division may bill the customer for the portion of the unbilled sewer consumption used, the unbilled Wet Weather Charges incurred, or both in the two (2) year period immediately prior to the date the division or its agent remedies the malfunctioning meter or billing error.
(B) If, however, during the two (2) year period described in Part A, the Division of Sewerage and Drainage or its agent has attempted to verify or repair a malfunctioning metering system and the customer has not responded to requests to read or repair the meter, the division or its agent will bill the customer for the amount of the unbilled water and sewer consumption used in the six (6) year period immediately prior to the date the division or its agent remedies the malfunctioning meter.
(C) This section does not apply to tampering with utility equipment or theft of the utility service as defined in Section 1105.038 of the Columbus City Code and Section 4933.18 and 4933.19 of the Ohio Revised Code, or where a physical act of a customer or its agent causes inaccurate or no recording of the meter reading, or inaccurate or no measurement of the water rendered.
Section 7. To amend Section 1105.18 and Section 1149.13 of the Columbus City Codes as follows and to repeal the sections being amended:
1105.18 Corrections to billing; limits; exception.
(A) If the Division of Power and Water has undercharged a customer for water service because of a malfunctioning metering system or billing error, the division may only bill the customer for the portion of the unbilled water and sewer consumption used in the two (2) year period immediately prior to the date the division remedies the malfunctioning meter or billing error.
(B) If, however, during the two (2) year period described in Part A, the Division of Power and Water has attempted to verify or repair a malfunctioning metering system and the customer has not responded to requests to read or repair the meter, the division will bill the customer for the amount of the unbilled water and sewer consumption used in the six (6) year period immediately prior to the date the division remedies the malfunctioning meter.
(C) This section does not apply to tampering with utility equipment or theft of the utility service as defined in Section 1105.038 of the Columbus City Code and Section 4933.18 and 4933.19 of the Ohio Revised Code, or where a physical act of a customer or its agent causes inaccurate or no recording of the meter reading, or inaccurate or no measurement of the water rendered.
1149.13 Limits and corrections to billing.
(A) If the division of sewerage and drainage has undercharged a customer because of a billing error, the division may only bill the customer for the portion of the unbilled stormwater services used in the two (2) year period immediately prior to the date the division remedies the billing error.
(B) If the division determines, however, that a customer has been overcharged because of a billing error, the division will adjust the customer's account back, for a period not to exceed six (6) years, from the date the division remedies the billing error.
(C) If the division, during the two (2) year period described in Part A, has attempted to verify a discrepancy in billing and the customer has not responded to requests by the division to reconcile the discrepancy, the division will bill the customer for the unbilled stormwater services used in the six (6) year period immediately prior to the date the division remedies the billing error.
(D) This section does not apply to circumstances where an act or omission of an act by the property's agent results in no calculation or an inaccurate calculation of stormwater service charges.
Section 8. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.