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HomeMy WebLinkAboutResolution 2895 Intent to increase sewer rates by 9.5% (2) -........ . . COMMISSION RESOLUTION NO. 2895 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOlEMAN, MONT ANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED NINE AND ONE-HALF PERCENT (9.5%) INCREASE IN THE WASTE WATER (SEWER) RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTE WATER (SEWER) SYSTEM. WHEREAS, the City of Bozeman, Montana (City) owns and operates a municipal waste water (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 waste water 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 waste water 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 the 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, major maintenance on older waste water (sewer) collection lines is necessary, and the costs to perform this major maintenance will exceed the City's present ability to pay; and WHEREAS, capital improvements to the City's waste water system are needed which are beyond the City's present financial capability; and WHEREAS, the existing rates will not cover the costs associated with the needed capital improvements and major maintenance; and WHEREAS, Section 69-7-101, M.C.A., authorizes local government to increase .... .-....--....-..-.. -------...."..... ..-... . . waste water rates so as not to yield more than twelve percent (12%) increase in total annual revenues without the need of petitioning the Public Service Commission for a rate increase; and WHEREAS. a nine and one-half percent (9.5%) increase is necessary to meet the financial needs of the City's waste water (sewer) system; and WHEREAS, the Bozeman City Commission deems it advisable to consider a nine and one-half percent (9.5%) waste water (sewer) rate increase. NOW, THEREFORE. BE IT RESOLVED by the City Commission of the City of Bozeman. Montana, that a public hearing be held on Tuesday, the 19th day of January 1993, 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 nine and one-half percent (9.5%) increase in the waste water (sewer) rate charged to customers of the Bozeman municipal waste water (sewer) system. BE IT FURTHER RESOLVED that the Clerk of the Commission give notice to the customers of the Bozeman municipal waste water 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 7th day of December 1992. ~~d~ IMOTH SWA ON, Mayor ATTEST: ~Jdld~~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: " . - 2 - --.....- -----..-.. ..-- .-.- _._~-_._'-'-'_.- -..-----.-. - ..-.-----..- ---.-.- . . PUBLISHED NOTICE NOTICE IS HEREBY GIVEN that the Bozeman City Commission will conduct a public hearing on Tuesday, the 19th day of January 1993 at 7:00 p.m. in the Commission Room in the City Hall, located at 411 East Main Street, Bozeman, Montana, for the purpose of considering a proposed waste water (sewer) rate increase of nine and one-half percent (9.5%), to become effective on the March 1, 1993, billing. For additional information, contact Robin l. Sullivan, Clerk of the Commission, located at 411 East Main Street, Bozeman, Montana, or by telephoning (406) 586-3321 . ROBIN l. SULLIVAN Clerk of the Commission Display Ad .. Publish: Sunday, December 27, 1992 Sunday, January 3, 1993 . Sunday, January 10, 1993 -- oj - - ---. . , NOTICE TO BE PUBLISHED ON WATER/SEWER BILLS NOTICE: At 7:00 pm on Tues, 01/19/93, 411 E Main, the City Commission will hear public comment on a proposed sewer rate increase of 9.5%, to be effective 03/01/93, whereby a monthly bill of $8 sewer would increase by $.76. For info, contact: Robin Sullivan, 411 E Main, phone 586-3321. " ...".-.. --.-....---. ;,,'.~'. . 'W . -=, ..\". .._.',~.". \~~,. . '~ ......~,. ,.' .RRIERS 848 849 MUNICIP AL UTILITIES 69-7-113 use of water or sewer system', Cross- References iVernment water supply and regula- Public bond issues, Title 17, ch. 5. 7, ch. 13. part 44. .~ 69-7-103 through 69-7-110 reserved. ted contributions to candidates, ,~ "ent of public utilities, 15~8-406, 69-7-111. Municipal rate hearing required - notice. (1) If the gov- ....nt of railroads and other franchises, erning body of a municipality considers it advisable to regulate, establish, or -~ change rates, charges, or classifications imposed on its customers, it shall f property by utilities to Department order a hearing to be held before it at a time and place specified. . 15-23-301. (2) Notice of the hearing shall be published in a newspaper as provided nJnservation materials in dwellings _ in 7-1-4127. ~-107. '11; company license tax, Title 15, elL (3) (a) The notice shall be published three times with at least 6 days separating each pl,lblication. The first publication may be no more than 28 ..d property - deposits and refunds days prior to the hearing, and the last publication may be no less than 3 days ,( ies. 70-9-203. prior to the hearing. ,de easements for utilities, 76-5-203. (b) The notice must also be mailed at least 7 days and not more than 30 days prior to the hearing to persons served by the utility. The notice must be mailed within the prescribed time period. This notice must contain an esti- :nicipality mate of the amount the customer's average bill will increase. (4) The published notice must contain: tion by municipality _ (a) the date, time, and place of the hearing; thority to regulate, establish, (b) a brief statement of the proposed action; and , and classifications imposed (c) the address and telephone number of a person who may be contacted persons served by municipal for further information regarding the hearing. , shall be reasonable and just (5) Notice of all hearings shall be mailed first class, postage prepaid, to not be raised to yield more the Montana consumer counsel. in the case of mandated fed- History; En. See. 2, Ch. 607. L. 1981; amd. Sees. 4, 10, Ch. 588, L. 1983. ~e may not exceed amounts Cross-References Investigatory powers of Consumer Counsel, :entures or loan agreements Montana Consumer Counsel, Art. XIII, sec. 2, 69-2.203. of the mandated improve- Mont. Canst.; Title 5, eh. 15, part 2; Title 69. ch. any consecutive 12-month I. part 2. "88, L. 1983. .,;,.. 69-7-112. Conduct of municipal rate hearing. (1) At the hearing, all persons, associations, corporations or companies affected or interested, includ. ing the Montana consumer counsel, may be present and represented by coun. -,' sel. The hearing may be continued from time to time by the governing body -1. (1) If a municipal utility of the municipality. At the conclusion of the hearing, all interested parties total revenues in excess of shall be allowed to make such arguments as they may consider proper. ,ed federal and state capital (2) Within 30 days after the hearing, the governing body of the municipal- Junta necessary to meet the ity shall issue its decision. The decision is final 10 days after being filed with nts required to finance the the municipal clerk. A copy of each revised rate schedule shall be filed with 'ments, it must make appli-' the public service commission upon final decision. mission. Histol')'; En. See. 3. Ch. 607, L. 1981; amd. Sec. 4. Ch. 588, L. 1983. -j te order approving such an, Cross-References ates and charges under this~ Office of municipal clerk, Title 7, ch. 4, part irder unless an increase is',,: 45. ~:ntures or loan agreements' for mandated federal andl 69-7w113. Appeals. (1) A party to a municipal rate hearing may appeal the decision of the municipality to the district court in whose jurisdiction the ~8, L. 1983. Inunicipality lies.