HomeMy WebLinkAboutResolution 09-1991 � ,.
RESOLUTION NO. 9-91
RESOLUTION GIVING APPROVAL TO WASTEWATER FACILITY IMPROVEMENTS;
GIVING APPROVAL TO THE ISSUANCE OF UTILITY REVENUE BONDS TO
FINANCE, DIRECTLY AND INDIRECTLY, SUCH IMPROVEMENTS; APPROVING
THE FORM OF LOAN AGREEMENT AND REVENUE BONDS; AUTHORIZING THE
SALE OF SAID REVENUE BONDS; AND ESTABLISHING VARIOUS FUNDS AND
PLEDGING REVENUES OF THE SYSTEM TOWARD THE COST OF SERVICING DEBT
INCURRED IN CONNECTION WITH SAID IMPROVEMENTS.
WHEREAS, one of the purposes of Chapter 9-40 of the South Dakota
Codified Laws (the "Act") as found and determined by the Legislature
is to provide for the financing of the acquisition, establishment,
' equipping, extending or improving any system or part of system for the
� collection, treatment, and disposal of sewer and other domestic,
commercial and industrial wastes or any system for the control of
floods and drainage; or any combination of such sewerage or flood and
drainage control systems, together with extensions, additions, and
necessary appurtenances; and
WHEREAS, pursuant to the Act, such system shall supply the
municipality or any specified portion of the municipality or adjacent
territory within ten (10) miles of its corporate limits and the
inhabitants thereof with sewerage and flood and drainage control
service; �
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City
of Brookings, South Dakota (the "City") as follows:
(1) The City desires to construct modifications and improvements
(the "Project") to the City's existing wastewater collection system
(the "System") including construction of approximately 6, 150 feet of
24 inch sewer interceptor line and 1, 600 feet of 8 inch sewer line to
serve Hillside Estates Mobile Home Court, Western Estates Mobile Home
Court (adjacent to the City of Brookings) , the Brookings Softball
complex and future development in the southeastern and eastern
portions of the City of Brookings. The estimated total cost of the
Project is approximately $310,760. The City proposes to finance
approximately $188, 065 of the cost of the Project through the issuance
of utility revenue bonds (the "Revenue Bonds") and the remaining costs
are to be paid out of available moneys in the City's wastewater fund.
(2) The primary objective of the Project is to extend an
interceptor sewer line to a point whereby two (2) mobile home
developments, Hillside Estates Mobile Home Court and Western Estates
Mobile Home Court, could collect their sanitary wastes and deposit the
same into the City collection and treatment system in order to
eliminate the discharge of effluent water from the two mobile home
developments directly on the ground surface and to prevent other
releases of sewage onto the ground which are caused by the failure of
the current system. Because the two mobile home developments are on
or very near the Big Sioux Aquifer, without making the improvements,
there is a potential that the sewage could contaminate a portion of
the Big Sioux Aquifer. The City therefore finds and determines that,
without making the improvements included in the Project, the System
would pose a health hazard to the residents of the City of Brookings,
and the lands adjacent thereto. Because of the functional
; .
interdependence of the various components of the Project, the City
hereby expressly finds and determines that all of the improvements
included in the Project are being directly or indirectly financed with
the Revenue Bonds and that the Project shall substantially benefit the
entire waste water system and all of its users. Accordingly, the
facilities financed with the Revenue Bonds shall consist of all of the
improvements included in the Project.
(3) The Revenue Obligation Loan Agreement between the South
Dakota Conservancy District (the "SDCD") and the City (the "Loan
Agreement") , the form of which is attached hereto as Exhibit A, and
the pledging of the loan payments thereunder for the security of the
Water Pollution Control State Revolving Fund Revenue Bonds of the SDCD
(the "SRF Bonds") and the interest thereon shall be, and they are, in
all respects, hereby authorized, approved and confirmed, and the Mayor
and City Finance Officer shall be and they are hereby authorized and
directed to execute and deliver said Agreement in the form and content
attached hereto as Exhibit A, with such changes as the Attorney for
the City deems appropriate and approves, for and on behalf of the
City. The Mayor and City Finance Officer are hereby further
authorized and directed to implement and perform the covenants and
obligations of the City as set forth in or required by the Loan
Agreement.
(4) The issuance of not more than $188, 065 (as defined in the
Loan Agreement, the "Committed Amount") principal amount of the
Revenue Bonds of the City in the form and content set forth in
Appendix B to the Loan Agreement attached hereto shall be and the same
is, in all respects hereby authorized, approved and confirmed, and the
Mayor, City Finance Officer and other appropriate officials shall be
and they are hereby authorized and directed to execute and seal the
Revenue Bonds and to deliver the Revenue Bonds to the SDCD, for and on
behalf of the City, upon receipt of the purchase price and to deposit
the proceeds thereof in the manner provided for in the Loan Agreement.
The Revenue Bonds shall be issued under the authority of Chapters 9-40
and 6-8B of the South Dakota Codified Laws, as amended.
(5) For the purpose of application and proper allocation of the
income of the System and to secure the payment of principal of and
interest on the Revenue Bonds, the following funds shall be used
solely for the following respective purposes until payment in full of
the principal of and interest on the Revenue Bonds:
(a) Svstem Revenue Account. There shall be deposited in
the System Revenue Account as received the entire gross revenues
derived from the operation of the System collected pursuant to Section
35-33 of Chapter 35 of the Revised Ordinances of the City of
Brookings, South Dakota (the "Rate Ordinance") including future
improvements, enlargements, extensions and repairs thereto (the "Gross
Revenues") . Moneys from the System Revenue Account shall be
transferred periodically into separate funds and accounts as provided
below.
(b) Debt Service Fund. Out of the revenues in the System
Revenue Account, there shall be set aside no later than the 25th day
of each month into the fund designated 1991 Wastewater Facilities Debt
Service Fund, a sum sufficient to provide for the payment as the same
become due of the next maturing principal and interest on, and any
. , • .
administrative charge of the SDCD with respect to, the Revenue Bonds
and any reserve determined by the City Commission to be necessary.
The amount set aside monthly shall be not less than the total
principal, interest, administration surcharges and other amounts
payable on the first day of the following month and if there shall be
any deficiency in the amount previously set aside, then the amount of
such deficiency shall be added to the current requirement.
(c) Depreciation Fund. There shall be established a
General Depreciation Account. Out of the revenues of the System
Revenue Account there shall be set aside each month into the General
Depreciation Account an amount determined by the City Commission to be
a proper and adequate amount for repair and depreciation of the
System.
(d) OAeration and Maintenance Fund. There shall be the
General Operation and Maintenance Account. Out of the remaining
revenues of the System Revenue Account after application described in
(b) and (c) above, there shall be set aside each month into the
General Operation and Maintenance Account, a sum sufficient to provide
for the payment of the next month's current expenses of administration
and operation of the remainder of the System and such current expenses
for the maintenance thereof as may be necessary to preserve the
remainder of the System in good repair and working order. The term
current expenses shall be construed to include all reasonable and
necessary costs of operating, repairing, maintaining and insuring the
System, including without limitation salaries, supplies and rent, but
shall exclude General Depreciation Account and 1991 Wastewater
Facilities Debt Service Fund.
(e) Surplus Fund. There shall be established the General
Surplus Account. Revenues remaining in the System Revenue Account at
the end of any fiscal year after all periodic transfers have been made
therefrom as above required, shall be deemed to be surplus and shall
be transferred to the general fund of the City. If at any time there
shall exist any default in making any periodic transfer to the 1991
Wastewater Facilities Debt Service Fund, the City Commission may, but
shall not be required to, authorize the City Finance Officer to
rectify such default so far as possible by the transfer of money from
the General Surplus Account. If any such default shall exist as to
more than one account or fund at any time, then such transfer shall be
made in the order such funds and accounts are listed above. Moneys in
the General Surplus Account from time to time may be transferred one
or more of the foregoing funds.
No disbursements shall be made from the System Revenue Account
except to the special funds and accounts as above provided.
(6) All moneys in the several funds and accounts provided for
above (except those in the 1991 Wastewater Facilities Debt Service
Fund) shall be deposited with First National Bank, Brookings, South
Dakota or such other financial institution as shall be designated from
time to time by the City. All moneys from time to time in the 1991
Wastewater Facilities Debt Service Fund shall be kept on hand with
First National Bank, Brookings, South Dakota or such other financial
institution as shall be designated from time to time by the City.
(7) The City hereby covenants and agrees with the holder or
holders, from time to time of the Revenue Bonds, that it will
punctually perform all duties with reference to the Project and the
Revenue Bonds required by the constitution and laws of the State of
South Dakota and by this Resolution. The City agrees and covenants
that it will purchase the improvements included in the Project. The
City will not sell, lease, mortgage or in any other manner dispose of
the System, the Project, or any substantial part hereof, until all
Revenue Bonds payable from the revenues thereof shall be paid in full;
and that it will not permit any person, firm or corporation to compete
with it in the treatment, collection and disposal of wastewater within
the City. The City covenants and agrees with the owners of the
Revenue Bonds that it will maintain the System in good condition and
operate the same in an efficient manner and at a reasonable cost, so
long as any of the Revenue Bonds are outstanding; that it will
maintain insurance on the System for the benefit of the holders of the
Revenue Bonds an amount which usually would be carried by private
companies in a similar type of business; that it will prepare, keep
and file records, statements and accounts as provided for in this
Resolution, the Rate Ordinance and the Loan Agreement.
(8) Additional bonds payable from the System Revenue Account may
be issued, as permitted in the Loan Agreement and no provision of this
Resolution shall have the effect of restricting the issuance of, or
impairing the first lien of, such additional first lien or parity
bonds. The City shall have the right to issue additional bonds
secured by a lien subordinate to the lien for the Revenue Bonds
pursuant to the Loan Agreement.
(9) The Revenue Bonds, together with the interest thereon, shall
be a limited obligation of the City payable solely out of the 1991
Wastewater Facilities Debt Service Fund, which payments, revenues and
receipts are hereby and in the Loan Agreement pledged and assigned for
the equal and ratable payments of the Revenue Bonds and shall be used
for no other purpose than to pay the principal of and interest on the
Revenue Bonds, except as may be otherwise expressly authorized in the
Loan Agreement. The Revenue Bonds and the interest thereon shall not
constitute an indebtedness of the City within the meaning of any
constitutional provision or statutory limitation and shall not
constitute or give rise to any liability of the City or its officers,
agents or employees, or a charge against the City's general credit or
taxing power.
(10) Pursuant to SDCL 9-40-28, the City hereby covenants to
amend the Rate Ordinance as may be necessary to provide for the
operation and maintenance, repairs, depreciation and reserves of the
facilities financed with the Revenue Bonds and other facilities of the
System and to pay 110� of principal and interest on the Revenue Bonds
as and when due out of the 1991 Wastewater Facilities Debt Service
Fund.
(11) The City hereby reserves the right to determine on a
periodic basis the appropriate allocation of operation and maintenance
expenses, depreciation, repair and reserves associated with the
facilities financed with the Revenue Bonds, provided that such
determination of allocable operation and maintenance expenses shall in
no event abrogate, abridge or otherwise contravene the covenant of the
. • , •
City set forth in paragraph (10) hereof or any other covenant or
agreement in the Loan Agreement.
(12) If any section, paragraph, clause or provision of this
Resolution (including the Exhibit A hereto attached which is made part
hereof and incorporated herein by reference) shall be held invalid,
the invalidity of such section, paragraph, clause or provision shall
not affect any of the other provisions of this Resolution or said
Exhibit A. Exhibit A herein referred to and made part of this
Resolution is on file in the office of the City Finance Officer and is
available for inspection by any interested party. The Mayor, City
Finance Officer, Attorney for the City and City Officials shall be and
they are hereby authorized to execute and deliver for and on behalf of
the City the Revenue Bonds any and all other certificates, documents
or other papers and to perform such other acts as they may deem
necessary or appropriate in order to implement and carry out herein
authorized.
(13) This Resolution shall take effect on the 20th day following
its publication, unless suspended by referendum.
Passed and approved this 19th day of February, 1991.
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RESOLUTION N0. 9-91
RESOLUTION GIVING APPROVAL TO WASTEWATER FACILITY
IMPROVENSENTS; CONSENTING TO TH� ISSUANCE BY THE CITY OF
BROOKINGS , SOUTH DAKOTA, OF tJ'�'ILITY REVENUE BONDS TO
FINANCE SUCH IMPROVEi�iE�ITS; APPROVING THE FORM OF LOAN
AGREEMENT 'r0 BE ENTERED INTO BY THE MUNICIPAL UTILITY
BOARD (THE "BOARD") ; AND CONSENTING TO THE PLEDGE BY THE
CITY OF REVEWES OF THE WASTEWAT�R SYSTEM TOWARD THE COST
OF SERVICING DEBT INCURR�D IN CONNECTION WITH SAID
IMPROVE:RE�ITS . Y
WHEREAS, one of the purpcses cf Chapter 9-40 of the Soutr,
Dakota Codified Laws (the "Act" ) as found and determineti by the
Legislature is to provide for the financing of the acquisition,
establishment, equipping, extending CZ' improving any system or part
of system for the collection, t�eatment, and disposal of sewer and
other domestic, commercial and industrial wastes; or any system for
the control of floods and drainage; or any combination of suc;z
sewerage or flood and drainage cor,trol systems, together wit:�
extensions, additions, and necessary appurtenances; and
WHEREAS, pursuant to the Act, such system shall supply the
' municipaiity or any specified portion of the municipality or
adjacent territory within ten ( 10) miles of its corporate limits I
and tha inhabitants thereof with sewerage and flood and drainage
control s2rvice;
WHEREAS, pursuant to Ordinance No. 650 of the City of
Brookings, South Dakota (the "City" ) adopted pursuant to SDCL
Chapter 9-39 on June 22, 1970 by the City Commission, the
management and control of the electric, water, heat, sewer and
telephone utilities of the City was placed with the Municipal
Utility Board established by said resolution;
NOW, THEREFORE, BE IT RESOLVED by the Municipal Utility Board
of the City of Brookings, South Dakota, as follows :
( 1) The Eoard desires to construct, on behalf of the City,
modifications and improvements (the "Project") to the Board's
existing wastewater collection system (the "System") including
construction of approximately 6, 150 feet of 24 inch sewer
interceptor line and 1,600 feet of 8 inch sewer line to serve
Hillside Estates Mobile Home Court, Western Estates Mobile Home
Court (adjacent to the City of Brookings) , the Brookings Softball
complex and future development in the southeastern and eastern
portions of the City of Brookings. The estimated total cost of the
Project is approximately $310,760. The City proposes to finance
approximately $188,065 of the cost of the Project through the
issuance of utility revenue bonds (the "Revenue Bonds" ) and the
remaining costs are to be paid out of available moneys in the
Board' s wastewater fund.
( 2) The primary objective of the Project is to extend an
interceptor sewer line to a point whereby two ( 2) mobile home
developments , Hillside Estates Mobile Home Court and Western
Estates Mobile �ome Court, cculd collect their sanitary wastes and
deposit the same into the Board collection and treatment system in
order to eliminate the discharge o� effluent water from the two
mobile home developments directly on the ground surface and to
prevent other releases of sewage onto the ground which are caused
by the failure of the current system. Because the two mobile home
developments are on or very near the Big Sioux Aquifer, withou�
making the improvements , there is a potential that the s�age could
contaminate a portion of the Big Sioux Aquifer. The Boarc
therefore finds and determines that, without making the
improvements included in the Project, the System would pose a
he?lth hazard to the residents of the City of Brookings, and the
lands adjacent thereto. Because of the functional interdependence
of the various components of the Project, the Board hereby
ex�ressly finds and determines tr.at all of the improvements
included in the Project are being directly or indirectly financec
with the Revenue Bonds and that the Project shall substantially
benefit the entire waste water system and all of its users .
Acccrdingly, the facilities financed with the Revenue Bonds shall
consist of all of the improvements include�. in the Prcject.
(3) The Revenue Obligation Loan Agreement between the South
Dakota Conservancy District (the "SDCD" } , the City, and the Board
(the "Loan Agreement" ) , the form of which is attached hereto as
EYhibit A, and the pledging of the loan payments thereunder for the
security of the Water Pollution Control State Revolving Fund
Revenue Bonds of the SDCD (the "SRF Bonds") and the interest
thereon shall be, and they are, in all respects, hereby authorized,
approved and confirmed, and the President and Board Secretary shall
be and they are hereby authorized and directed to execute and
deliver said Agreement in the form and content attached hereto as
Exhibit A, with such changes as the Attorney for the Board deems
appropriate and approves, for and on behalf of the Board. The
President and Board Secretary are hereby further authorized and
directed to implement and perform the covenants and obligations of
the Board as set forth in or required by the. Loan Agreement.
(4) The Board hereby consents to the issuance by the City of
not more than $188,065 (as defined in the Loan Agreement, the
"Committed Amount" ) principal amount of revenue bonds of the City,
and consents in connection therewith to the adoption by the City
of a resolution in the form of Exhibit A attached hereto (the
"City's Resolution") in connection with the issuance of said bonds,
the provisions of which are incorporated herein by this reference,
and the Board hereby covenants to take such action as is necessary
to permit the City to comply with the provisions of the City's
Resolution and the Loan Agreement.
(5) T;e Eoard hereby covenants to take all steps required of
it pursuant to Section 35-33 of Chapter 35 of the Revised
Ordinances of the City of Brookings, South Dakota (the "Rate
2
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Ordinance" ) from time to time as may be necessary to provide for
the operation and maintenance, repairs , depreciation and reserve
of the facilities financed with t�e Revenue Bonds and other
facilities of the System and to pay 110� of principal and interest
on the Revenue Bonds as and when due out of the 1991 Wastewater
Facilities Debt Service Fund, as deiined in the City's Resolution.
( 6) The Board hereby reserves the right to determine on a
periodic basis the appropriate allocation of operation and
maintenance expenses, depreciation, repair and reserves associated
with the facilities financed with the Revenue Bonds , provided that
such determination of allocable operation and maintenance expenses
shall in no event abrogate, abridge or otherwise contravene the
covenant of the Board set forth in paragraph ( 5 ) hereof or any
other covenant or agreement in the Loan Agreement.
( 7) If any section, paragraph, clause or provision of this
Resolution ( including the Exhibit A hereto attached which is made
part hereof and incorporated herein by reference) shall be held
invalid, the invalidity of such section, paragraph, clause or
provision shall not affect any of the other provisions of this
Resolution or said Exhibit A. Exhibit A herein referred to and
made part of this Resolution is on file in .the office of the City
Finance Officer and is available for inspection by any interested
party. The President and Board Secretary shall be and they are
hereby authorized to execute ar.d deliver for and on behalf of the
Board any and all other certificates, documents or other papers and
to perform such other acts as they may deem necessary or
appropriate in order to implement and carry out the matters herein
authorized.
Dated at Brookings, South Dakota, this 19th day of February,
1991.
MUNICIPAL UTILITIES BOARD
By
�jC�. President
ST•
� .
Secretary
The above and foregoing resolution was moved by adopti n by
Paul Rogers , seconded by Edward Hogan , and up9 " roll
call all voted "Aye" and none voted " y" , whereupon the Pr ident
declared the Resolution to be duly ssed an o �d. '�
' ecreta
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� WATER RATES BROOKINGS
� �E,r.cw.,�en r�.e.,,,se,.ew�w,
� . . . . Minimum Meter Sizs Mlnimum Rsts municipal utilities
� . 200 cu.ft.......... x'or i4' ...........$ 4.06
200��.n.......... �� ........... a.n
soo��.n.......... ��� ........... �.as
zoo��.n.......... ���.. ........... �o.so
zoo��.n.......... z- ........... �s.�
soo��.tc.......... a� ........... ao.es
zao��.n.......... a� ........... n.n
200��.n.......... s� ........... iso.eo
sao��.n.......... s� ........... zss.is
zoo��.n.......... �o� ........... aas.ss
All over Z00 cu.ft......................5.818/100 cu.ft.
Rural water rates are determined by multiptying the ap- ����
piicable minimum consumption rate and consumptive ser-
vice charge by a factor of 1.25.
WASTEWATER RATES
� �� � � � ��
� (EHeetivs with Jan.1.1980.Biping)
� RESIDENTIAL RATE
Wastewater will be computed at the rate of 51.51/100
cu.ft.of water used,plus 82.72 minimum for the months of
December,January, February and March.The average of
these four morrths will determine the wastewater charge for B R O O K I N G S�
the following eight months.
COMMERCIAUINDUSTRIAL RATE SO UTH DAKOTA
Wastewater will be computed at tfie rate of S7.51/100
cu.ft.of water used,plus S2.72 minimum for each month
of the year.
TELEPHONE RATES
'�"°"""'Fa°•'•'�•�`'°' Published January, 1991
ResidenceAccess......................MoMhly$ 6.50
Business Access.......................Mortthly 15.50
(Plus Sats and Federal Taxes)
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� ' ELECTRIC RATES Power Faccor,4d�ustment—�t the customers power tac- �~
tor tor the month(as detertnined by measuroment)is less
RESIDENTIAL ��g59y at the point of delivery,the dert►and will be in-
.� � � �E�'�'^'"�'�'•�•���•�� creased by multiplying the meter demand by 95% and
. • . . 0-100 Kwhrs..............................S .0619 �ding by the average power factor expressed in percent
101-Z00 Kwhra............................... .0491 as illusuated in the following formula:
Over 200 Kwhrs............................... .0036
Minimum-56.19 If PF < 95%then Adjusted Demand= Demand x 95%
PF
SMALL COMMERCIAL '
tEn«nw wro,r�.i,iee�,eaun�� Otherwise the Demand=Demand
0-100 Kwhrs..............................8 .1080
101-400 Kwhrs............................... .0572 TIME OF DAY ELECTRIC RATE
Over 400 Kwhrs............................... .O42H IEttectiw wiM feb.t,ise�.e�ux,9i
Minimum-310.80 Peak-Wnter
(November-Apriq .........7:00 a.m.-9:00 p.m.-14 hours
LARGE COMMERCIAL Off-Peak-Winter
IEffactiw with Jan.1,isso,e�nir�yl INovember-Apriq .........9:00 p.m.-7:00 a.m.—10 hours
Ener9Y—All Kwhrs ...........................5 .0317 Peak-Summer
Demand 34.73 per KW (May-October) ..........10:00 a.m.-8:00 p.m.—10 hours
a
Off-Peak-Summer
The minimum biil for Large Commercial Customers shall (May-October) ..........8:00 p.m.-10:00 a.m.-14 hours
be equal to 50% of the past 12 months' highest
demand x 54.73 per KW. The minimum shali be charged Cost Cost
only when the sum of the total energy charges and the total Peak Off-Peak
demand charges for the current month does not equal the �ergy—All Kwhrs... 5.0338 5.0275
calculated minimum.
Demand............ 55.64 per KW S.64 per KW
Service charge is 546.52 per month.Customer will agree
INDUSTRIAL to be on this rate for 12 months.
(Effsetiw with Jan.1.1990.Billinpl �
Energy—All Kwhrs ...........................5.02476 INTERRUPTIBIE ELECTRIC RATE
Demand 55.87 per KW �Effective whh Fab.1,issi,am��9t
The minimum bill for each Industrial Customer shall be Energy—All Kwhrs S.0252
equal to 50% of the past 12 months' highest Demand— 5.64 per KW
demand x 55.87.The minimum shall be charged only when
the sum of the total energy charges and the total demand Service charge is 546.52 per month. There will be a
charges for the current month does not equal the 15-minute notice before disconnect.Customer shall sign up
. calculated minimum. for this rate for at least one year.
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' ' ART VI
• ORIGINAL PAGE 44
`
. WASTEWATER SYSTEM
co iling or publishing analyses or summaries relating o
the eral condition of the public water so long as uch
;� analyse r summaries do not identify any discharg who has
so certifi
Section 4- S ecial A reements.
No statement c tained in this Art' e shall be
construed as preventi any special a eement or arrangement
between the Utility Boa d and any d ' charger whereby a waste
of unusual strengths or aracter ay be accepted into the
Brookings disposal system t atment, subject to payment
;� therefore by the discharger.
X
Section 4-19. Accid tal Dis.char e.
Accidental disc ges of prohibi d waste into the
Brookings disposal ystem, directly or rough another
disposal system, r to any place from whi such waste may
enter the Broo ngs disposal system, shall� reported to
the Utilitie Manager by the person responsib for the
discharge, r by the owner or occupant of the p ises where
`� the disc rge occurs , promptly upon obtaining know dge of
' the fa of such discharge. Costs due to damages caused by
� disc rging prohibited wastes shall be borne by the per ns
or irm responsible for the discharge. �
Section 5
User Charge and Penalties
Section 5-1. Pur ose.
:; �
The purpose of these rules and regulations shall be to
� generate sufficient revenue to pay all fixed operation and
= maintenance costs of the complete wastewater system. The
costs shall be distributed equitably to all users of the
wastewater system. �
�� Section 5-2. Determining the Total Annual Fixed,
� Operation and Maintenance Costs '
- The Brookings Municipal Utilities Board shall determine
the estimated total annual fixed, operation and maintenance
costs of the wastewater system. The total annual fixed
costs shall include billing, meter reading, administrative
and general costs associated with administration of the
wastewater system. Total annual operation and maintenance
_ costs shall include but need not be limited to labor,
repairs, equipment. replacement, maintenance, necessary
_ :- modifications, power, chemicals and materials, sampling and
t� laboratory testing, studies and reports by special
consultants, principal and interest of bonds payable from
;
SEP 14 '�7 SEP � 4 1�37
#; Approved by Utility Board: Effective:
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�:
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� � � '- � ' ART V I
, . ORIGINAL PAGE 45
- WASTEWATER SYSTEM
� revenues of the wastewater system as such princi al and
a.nterest become due, and an adequate reserve fund.
� The total annual operation and maintenance costs shall
be allocated by percentage to each of the three parameters,
namely: flow (volume) , Biochemical Oxygen Demand (BOD5) ,
� and Suspended Solids (TSS) .
Section 5-3 . Determinin Each User's Wastewater
� �iassification.
Class I -- Residential users.
� Class II -- Industrial and commercial
establishments that discharge
wastewater with an
� average daily 5-day 20 Centigrade
Biochemical Oxygen Demand not exceeding
• 200 mg/1 or an average daily Suspended
� Solids not exceeding 250 mg/1. .
, Class III -- Industrial and commercial
� establishments that discharge wastes
� that exceed the parameters of Class II
users.
� Section 5-4 . Determinin the Wastewater System Fixed
�ost Service Char e.
� The Brookings Municipal Utilities Board shall determine
the fixed cost service charge by dividing the total annual
fixed cost, as determined by Section 5-2, by the total
number of Class I, II and III users connected to the
� municipal wastewater system at the time of determining
annual user charges. One-twelfth of the service charge so
computed shall be charged to each user of the wastewater
� � system for each month or fraction thereof, of use as the
� minimum fixed cost service charge.
Section 5-5. Determinin the Wastewater System
� O eration and Maintenance Incremental Service Charqe.
The Brookings Municipal Utilities Board shall determine
( the incremental cost of operation and maintenance of the
� municipal wastewater system per 100 cubic feet of water i
consumption, by dividing one-third of the total annual cost ;
(t of operation and maintenance, as determined by Section 5-2, �
by the total four (4) month volume of water consumption, in �
100 cubic feet units, of all wastewater system users "
determined from water meter readings during the previous �
I winter period of December 1 to March 31. ;
E
�
i ^ I
Approved by Utility Board: SEP 1 4 �1 Effective: SE_ �1 4 �a7 I
, �
`,\
�.:��:._.. "- .
�_ '._ ___.�.""_-"__--
_
'___' . " '_'_"_'.::___..... .���-.'_'..�__�..�
nw�e�wnlwrn�we��en�ww�n�on�i _.---------__ ._.__
" ART VI
ORIGINAL PAGE 46
• WASTEWATER SYSTEM
Section 5-6. Determining the Wastewater System 5-Day
20 Centigrade Biochemical Oxyqen Demand and Sus Pnded
Solids Surcharge.
The Brookings Municipal Utilities Board shall determine
the user's average daily poundage of 5-day 20 Centigrade
Biochemical Oxygen Demand which has been discharged to the
wastewater system in excess of a strength of 200 mg/1 which
shall then be divided by the average daily poundage of all
5-day 20 Centigrade Biochemical Oxygen Demand discharged to
the wastewater system, to determine the user' s Biochemical
Oxygen Demand Contribution Percentage. The Brookings
Municipal Utilities Board shall determine the user' s average
daily poundage of Suspended Solids which has been discharged
to the wastewater system in excess of a strength of 250 mg/1
which shall then be divided by the average daily poundage of
all Suspended Solids discharged to the wastewater system, to
determine the user's Suspended Solids Contribution
Percentage. The Biochemical Oxygen Demand Contribution
Percentage and the Suspended Solids Contribution Percentage
shall be multiplied by the annual operation and maintenance
costs for wastewater treatment of the total 5-day 20
�Centigrade Biochemical Oxygen Demand and of the total
� Suspended Solids, respectively. The sum of these two
. wastewater treatment cost contributions shall be the
surcharge.
Section 5-7. Determining Each User' s Total Wastewater
Service Charge.
A. Class I Users:
The owner or occupant of each residential premises
connected to the municipal water works and wastewater system
shall pay for the use and availability of such wastewater
; disposal service, a user service charge computed by
! multiplying the incremental cost, as determined by Section
� 5-5, by the volume of water consumed in 100 cubic feet
units, for a unit of time, plus a minimum fixed cost per �
month, as determined by Section 5-4. The wastewater user
service charge for any Class I user to be computed for water
meter readings during the period of April lst through
November 30th shall be the average amount of the charges for
wastewater service determined from four water meter readings �
during the previous winter period of December through March. I
�
For any Class I user beginning to discharge to the
wastewater system after these rules and regulations become
effective, a charge shall be made on the non-base period �
monthly water meter readings and pursuant to this Section � �
5-7A, from the time such wastewater system connection is
made or is begun, until the base period for the purpose of
determining said maximum ch�rge shall have occurred.
�-�
SEP 1 �
Approved by Utility Board: 4 � Effective: � 1 � �
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�
� ART VI
. � ORIGINAL PAGE 47
� WASTEWATER SYSTEM
B. Class II Users :
Except as otherwise provided in Section 5-7C hereof,
the owner or occupant of each industrial and commercial
premises connected to the municipal waterworks and
wastewater system, meeting the criteria of Section 5-3 for a
Class II user, shall pay for the use and availability of
such wastewater disposal service, a user service charge
computed by multiplying the incremental cost, as determined
by Section 5-5, by the volume of water consumed in 100 cubic
feet units, for a unit of time, plus a minimum fixed cost
per month as determined by Section 5-4.
The Brookings Municipal Utilities Board may classify
industrial and commercial establishments as a Class I,
residential user, provided that the wastes from these
establishments are equivalent to the wastes from a
residential user with respect to volume, suspended solids
and a 5-Day 20 Centigrade Biochemical Oxygen Demand.
C, Class III Users:
The owner or occupant of each premises connected to the
' municipal waterworks and wastewater system for both water
and wastewater disposal service whose average daily 5-day 20
Centigrade Biochemical Oxygen Demand of the wastewater
discharged to the system exceeds 200 mg/1 or whose average
daily Suspended Solids of the wastewater discharged to the
system exceeds 250 mg/l, shall pay a user charge as computed
in Section 5-7B, above, plus a surcharge determined in
accordance with the provisions of Section 5-6.
D. Class I, II or III Users Not Connected to the
Municipal Waterworks.
� In the event that any premises which discharges any
I ' such wastes into the wastewater disposal system is not
connected to the municipal waterworks and therefore has no �
municipal water meter, or meter acceptable to the Municipal �
� Utilities Manager, then, and in such case the amount of i
water so used shall be otherwise determined by said Manager 'I
in order to determine the wastewater user service charge as �
provided in this Section or the owner or other interested '
� person at his expense shall install and maintain a meter ;
acceptable to the Utilities Manager for said purpose. I
ISection 5-8 . Review of Each User's Wastewater Service �
,
Charge. �
The Brookings Municipal Utilities Board shall review '
I the total annual fixed, operation �and maintenance costs as �
! well as each user' s wastewater classification and surcharge � '
� for Class III users on an annual basis to assure equity of �
the service charge system established herein. If a Class �
� i
� SEP 14 1987 SEP 14 ��8� !
� Approved by Utility Board: Effective:
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�
� _ _ ______ ._ --- -
� ' ~ � � ART VI
• ` � ORIGINAL PAGE 48
• WASTEWATER SYSTEM
� III user, such as an industry, has completed in-plant �
modifications which would change that user's Biochemical
Oxygen Demand and/or Suspended Solids Contribution
� Percentages, the user can present at a regularly scheduled
meeting of the Brookings Municipal Utilities Board such
factual information and the Board shall then determine if
� the user' s Biochemical Oxygen Demand and/or Suspended Solids
Contribution Percentages are to be changed. The Board shall
notify the user of its findings as soon as possible. The
owner or occupant of any commercial or non-residential
premises who by reason of special circumstances finds the
foregoing user's wastewater service charges unjust or
inequitable as applied to his premises may make written
- application to the Brookings Municipal Utilities Board
stating such circumstances and requesting a different basis
of charges for wastewater service to his premises, in which
case the Board shall investigate the circumstances and
afford hearing to all interested parties and shall by
resolution fix and establish fair and equitable service
charges for such premises if the normal charges are found to �
be inequitable to the Owner or Occupant.
Section 5-9. Notification.
� Each user will be notified, at least annually, in
conjunction with a regular bill, of the rate and that
portion of the user charges which are attributable to
wastewater treatment services.
�
Section 5-10. Wastewater De artment Vehicle Charges"��
Charges for wastewater department vehicles d
equipment shall e made in accordance with a te schedule
determined annual by the Utility by ex 'ning local
charges for similar icles and equi ent.
_ ;
� S t 6
Administratio
, Section 6- Enforcement.
The� ilities Manager shall shall be autho ' ed to
adminis��r and enforce these rules and regulations cept '
that � proceedings for the imposition of a penalty an ost ;
re�dvery due to violations shall be instituted without pri i
a.pproval by the Utility Board.
i
_ �
If
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�'r� SEP 14 '�7 SkP � 4 �987 i
Approved by Utility Board: Effective: ,
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