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HomeMy WebLinkAboutResolution 3107 Public hearing on 42% proposed surcharge for sewer ~ COMMISSION RESOLUTION NO. 3107 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED FORTY~TWO PERCENT (42.0%) SURCHARGE IN THE WASTEWATER (SEWER) RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER (SEWER) SYSTEM. WHEREAS, the City of Bozeman, Montana (City) owns and operates a municipal wastewater (sewer) utility system; and WHEREAS, Section 7~13~4304, Montana Code Annotated (M.C.A.) requires the governing body of a municipality operating a municipal wastewater system to fix and establish rates, rentals and charges for services, facilities, and benefits directly or indirectly afforded by the system, taking into account services provided and benefits received; WHEREAS, Section 7~13~4307, M.C.A., authorizes the City of Bozeman to set rates and charges for wastewater utility services in an amount sufficient in each year to provide income and revenue adequate for payment of reasonable expenses of operation and maintenance and for the payment of funds required to be paid into the sinking fund and for the accumulation of such reserves and the making of such expenditures for depreciation and replacement of said system as shall be determined necessary from time to time by the governing body or as shall have been covenanted in the ordinances and resolutions authorizing any outstanding bonds; and WHEREAS, Section 7-13-4308, M.C.A., grants local government the right to change and readjust from time to time the rates and charges fixed and established provided the aggregate of such rates and charges shall always be sufficient to meet requirements of Section 7~13-4307, M.C.A.; and WHEREAS, Section 69-7-101, M.C.A., authorizes local government to establish and change wastewater rates as it considers proper; and WHEREAS, the Wastewater Fund has incurred extraordinary costs arising out of the contamination at the Bozeman Solvent Site; and WHEREAS, these costs have diminished the balance in this fund to a negative position; and WHEREAS, the existing rates will not cover these costs; and WHEREAS, the City Commission deems it in the best interests of the City to implement a surcharge for the purpose of stopping the decline of the financial health of the Wastewater Fund and bring it back to an acceptable financial level; and -...-- --...-.-- WHEREAS, the surcharge will permit the City to separately identify, and subsequently eliminate or phase out, the surcharge once the financial condition of the Wastewater Fund reaches an acceptable level. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that a public hearing be held on Monday, the 15th day of April 1996, at the hour of 7:00 p.m. in the Commission Room located in the basement of City Hall, 411 East Main Street, Bozeman, Montana, to hear public comment on the proposed forth-two percent (42.0%) surcharge on the wastewater (sewer) rate charged to customers of the Bozeman municipal wastewater (sewer) system. BE IT FURTHER RESOLVED that the Clerk of the Commission give notice to the customers of the Bozeman municipal wastewater system of said hearing pursuant to the notice requirements set forth in Section 69~7-111, M.C.A., and mail by first class, postage prepaid, a copy of all notices of hearing to the Montana Consumer Counsel. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 4th day of March 1996. UCh-1 t~ DON E. STUECK, Mayor ATTEST: ~/~ R BIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: ~ ,.- -)I;;it/'/i"'->-'~ [t((-f) PAUL J.LUWE \ City Attorney - 2 - .---.,--,.. IERS 78 MUNICIPAL UTILITIES 69-7-111 79 pany security employee or Part 1 e to provide all required Regulation of Rates by Municipality Ie pUrposes of this section. ~o~pany official acting in 69.7.101. Municipal utilities - regulation by municipality. A mu- ~t~on does not commit the nicipality has the power and authority to regulate, establish, and change, as it 1 IS not liable in any civil considers proper, rates, charges, and classifications imposed for utility services to its inhabitants and other persons served by municipal utility systems. Rates, communications, 45-8-213. charges, and classifications must be reasonable and just. History: En. Sec. 1, Ch. 607, L. 1981; amd. Secs. 4, 8, Ch.1S88, L. 1983; amd. Sec. 1, Cb. 288, L. 1995. Compiler's Comments nance the local government's share ofthe man- 1995 Amendment: Chapter 288 at end de- dated improvements. Annual revenues must be leted "and, except as provided in 69-7-102, they computed on any consecutive 12-month period :8 may not be raised to yield more than a 12% for purposes of this chapter"; and made minor increase in total annual revenues or, in the case changes in style. t of mandated federal and state capital improve- Cross-References ments, the increase may not exceed amounts Public bond issues, Title 17, ch. 5. lcipality ~' necessary to meet the requirements of bond , indentures or loan agreements required to fl. \ 69-7-102. Repealed. Sec. 2, Ch. 288, 1. 1995. t HistQry: En. Sec. 5, Ch. 607, L. 1981; amd. Secs. 4, 9, Ch. 588, L. 1983. 69-7-103 through 69-7-110 reserved. I 69-7-111. Municipal rate hearing required - notice. (1) Except as t provided in 75-5-516 and 75-6-108, if the governing body of a municipality considers it advisable to regulate, establish, or change rates, charges, or i classifications imposed on its customers, it shall order a hearing to be held i before it at a time and place specified. , (2) Notice of the hearing shall be published in a newspaper as provided in ~r systems, Title 7, ch. 13, part f 7-1-4127. (3) (a) The notice shall be published three times with at least 6 days J:' ~~age and water systems, Title ~ separating each publication. The first publication may be no more than 28 days , of water or sewer system, l prior to the hearing, and the last publication may be no less than 3 days prior \, to the hearing. nment water supply and regu- , (b) The notice must also be mailed at least 7 days and not more than 30 h. 13, part 44. ^. days prior to the hearing to persons served by the utility. The notice must be contributions to candidates, , mailed within the prescribed time period. This notice must contain an estimate of public utilitie$, 15-8-406, of the amount the customer's average bill will increase. (4) The published notice must contain: of railroads and other fran- (a) the date, time, and place of the hearing; :'Operty by utilities to Depart- t (b) a brief statement of the proposed action; and ~, 15-23-301. ::, (c) the address and telephone number of a person who may be contacted ervation materials in dwellings for further information regarding the hearing. .07. (5) Notice of all hearings shall be mailed first class, postage prepaid, to the ompany license tax, Title 15, f Montana consumer counsel. History: En. Sec. 2, Ch. 607, L. 1981; amd. Secs. 4, 10, Ch. 588, L. 1983; amd. Sec. 10, )roperty - deposits and re- Ch. 645, L. 1991; amd. Sec. 3, Ch. 507, L. 1993. ilities, 70-9-203. r Cross. References Investigatory powers of Consumer Coun- e easements for utilities, Montana Consumer Counsel, Art. XIII, sec. se1, 69-2-203. 2, Mont. Const.; Title 5, ch. 15, part 2; Title 69, ch. 1, part 2. f PUBLISHED NOTICE NOTICE IS HEREBY GIVEN that the Bozeman City Commission will conduct a public hearing on Monday, the 15th day of April 1996 at 7:00 p.m. in the Commission Room in the City Hall, 411 East Main Street, Bozeman, Montana, for the purpose of considering a proposed wastewater (sewer) surcharge rate of forty-two percent (42.0%), to become effective on the June 1, 1996, billing. This 42.0 percent surcharge will generate a $4.52 increase in a $10.75 monthly residential wastewater (sewer) bill. No increase is proposed to the City's water rates. For additional information, contact Robin L. Sullivan, Clerk of the Commission, at 411 East Main Street, Bozeman, Montana, or telephone at (406) 582-2320. ROBIN L. SULLIVAN Clerk of the Commission Display Ad Publish: Sunday, March 24, 1996 Sunday, March 31, 1996 Sunday, April 7, 1996 ....-- NOTICE TO BE PUBLISHED ON WATER/SEWER BillS NOTICE: At 7:00 pm on Mon, 04/15/96, 411 E Main, the City Commission will hear public comment on proposed rate surcharge of 42% sewer, to be effective 06/01/96, whereby a monthly residential wastewater (sewer) bill of $10.75 would increase by $4.52. No increase is proposed to base rates for either water or wastewater. For info contact: Robin Sullivan, 411 E Main, phone 582-2320. -.--