TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 5 UTILITIES – BILLING CHARGES

6-5-1 – Utility Defined
6-5-2 – Districts
6-5-3 – Disposition of Fees and Charges
6-5-4 – Billing, Penalty
6-5-5 – Discontinuing Services, Fees
6-5-6 – Residential Rental Property
6-5-7 – Customer Guarantee Deposits
6-5-8 – Water Rates
6-5-9 – Refuse Collection Rates
6-5-10 – Rate of Sewer Rent and Manner of Payment
6-5-11 – Determination and Payment of Sewer Rent from Premises with
Private Water Systems

6-5-1 – UTILITY DEFINED.

For use in this chapter, utility is the sewer, water, and refuse collection systems
operated by the City.

6-5-2 – DISTRICTS.

There shall be one sewer and water district which encompasses all of the City of
Fertile, Iowa.

6-5-3 – DISPOSITION OF FEES AND CHARGES.

All money received under this chapter shall be deposited in the City treasury not
later than the last day of the month in which it was received and a written report
of the amount and source of the fees and charges shall be on file with the City Clerk.

6-5-4 – BILLING, PENALTY.

Utility bills shall be prepared by the fifth(5th) day of the month following the period for
which service is billed. Payment shall be made to the City Clerk. Bills shall
become delinquent after the twenty-fifth (25th) of the month in which due and bills
paid after said day shall have added a penalty of ten (10%) of the amount of the
amount of the entire overdue balance. When the 25th falls on Saturday or Sunday,
the City Clerk shall accept payment on the next office day without penalty. (Code
of Iowa, Sec. 384.84(1))

6-5-5 – DISCONTINUING SERVICES, FEES.

1. If any account is not paid within thirty days from the end of any given period,
   the service to such owner or person so supplied with the utility shall be discontinued
   after the following procedures have been complied with:
   1. The City Clerk shall send a disconnect or discontinuance notice by ordinary mail providing the following notice to customers: “You are advised that you may request a hearing on this matter to the City Clerk by noon on the day preceding the scheduled shut-off date or discontinuance of service.”
   2. When a hearing is requested by a customer, the Mayor or the Mayor’s designee shall conduct a hearing within two (2) days following the request. The customer shall have the right to present evidence or propose a payment plan. The decision of the Mayor is final.
2. If service is discontinued for nonpayment of fees and charges, or for the violation
   of any Ordinance, a fee of $50.00 shall be paid to the City Clerk in addition to
   the rates or charges then due before such service is restored. If payment is made
   to the Superintendent at the time of the disconnection, there shall be a charge
   or twelve dollars and fifty cents ($12.50). If any such service charge is not paid
   within sixty (60) days from the date it is due, the same shall constitute a lien
   upon the premises served by said municipal system, which said lien shall be collected in the same manner as taxes. (Code of Iowa, Sec. 384.84(2))
3. A lien shall not be certified to the County Treasurer for collection when utility bills are 3 months behind (Code of Iowa, Sec. 384.84(3)

**Note: The above (3) is at the direction of the City Council and not approved or condoned by NIACOG.
6-5-6 – RESIDENTIAL RENTAL PROPERTY. Property Owner is responsible for all city utility bills.

**Note: The above (6-5-6) is at the direction of the Council and not approved or condoned by NIACOG

6-5-7 – CUSTOMER GUARANTEE DEPOSITS.

Customer deposits shall be required of all customers not previously a customer of
City services, customers who are tenants, or others having no established credit
record, and of those who have an unacceptable credit record or who have a prior
record of failure to pay water bills rendered. Such deposit amount shall be one
hundred-fifty ($150.00) dollars. Deposits of customers having established acceptable
credit records for one (1) year shall have their deposits returned. An occurrence
or recurrence of a bad payment record may be the occasion for the City Clerk to
require a new or larger deposit for the continuation of service. In addition, previous
customers of City utilities, (i.e. customers that have moved from the City, then
returned) that had a prior record of failure to timely pay bills rendered, may be
subject to a larger deposit. (Code of Iowa, Sec. 384.84(1))

6-5-8 – WATER RATES.

Water shall be furnished at the following monthly rates per property serviced within the City limits: (Code of Iowa, Sec. 384.84(1))

The minimum charge shall be $22.95 per household or business building per billing month.

1. On or before February 2nd of each year, the City Clerk may recommend to the City Council to adjust the water rate by a factor equal to the increase in the Consumer Price Index as established by the federal government for the preceding twelve month period.
2. The City Council shall consider the recommendation and any proposal change in the rate at the next Council meeting.

6-5-9 – REFUSE COLLECTION RATES.

There shall be collected by the City for its services in collecting garbage and
rubbish, the following mandatory fees:

1. Residence Rate. For each resident with alley or curb pickup, customers shall choose
   from the following:
   1. $12.43 per month for one garbage or rubbish collection each week.
   2. $2.44 per month for recycling collection once every other week.
2. Commercial Rate. Rates for commercial establishments shall be established as those for residence. One garbage or rubbish collection per week and one recycling collection every other week. Collections needed beyond those allotted shall be contracted between the waste hauler and the establishment.

The monthly rates set out above, may be annually adjusted as follows:

1. As the contracted waste hauler adjusts their rates, the City Clerk may recommend to the City Council to adjust the refuse collection rates to cover any hauler rates and City administrative charges relating to the billing and collection of the refuse collection rates.

2. The City Council shall consider the recommendation and any proposed change in the rate at the next Council meeting. (Code of Iowa, Sec 384.84(1))

6-5-10 – RATE OF SEWER RENT AND MANNER OF PAYMENT.

The minimum charge shall be $22.95 per household or business building per billing
month.

1. On or before February 2nd of each year, the City Clerk may recommend to the City Council to adjust the water rate by a factor equal to the increase in the Consumer Price Index as established by the federal government for the preceding twelve month period.
2. The City Council shall consider the recommendation and any proposed change in the rate at the next Council meeting.

6-5-11 – DETERMINATION AND PAYMENT OF SEWER RENT FROM PREMISES WITH
PRIVATE WATER SYSTEMS.

Users whose premises have a private water system shall pay a sewer rent in proportion
to the water used and determined by the City Council either by an estimate agreed
to by the user or by metering the water system. The rates shall be the same as provided
in Section 6-5-10 applied as if a City water bill were to be paid. Rent shall be
paid at the same time and place as provided in Section 6-5-10. (Code of Iowa, Sec.
384.84(1))

Footnote: See Code of Iowa, Sec. 384.38(3) concerning establishing districts and
connection fees.

Resolution 12-19-06

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