HomeMy WebLinkAboutResolution 3107 Public hearing on 42% proposed surcharge for sewer
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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
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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:
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R BIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
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-)I;;it/'/i"'->-'~ [t((-f)
PAUL J.LUWE \
City Attorney
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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
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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.
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