§ 61.15. Guaranteed revenue fee; adoption; applicability; calculation; time of payment; forfeiture; withholding service.

(a)

Adoption. The city council hereby adopts, pursuant to general law, a guaranteed revenue fee which shall be paid for each water and/or wastewater ERC as purchased and reserved in any non-single family residential utility service agreement executed with the city. Each utility service agreement shall be deemed to provide by its terms, as if fully set forth therein for the payment of such guaranteed revenue.

(b)

Calculation and time of payment.

(1)

Applicable to non-single family residential utility service agreements executed prior to February 1, 2019. The guaranteed revenue fee shall be due and payable upon execution of any non-single family residential water and/or wastewater utility service agreement, based upon the number of full months remaining until the end of the calendar year, commencing with the month following the month the agreement is issued by the city to the applicant. Guaranteed revenue shall be due and payable again within thirty days of receipt of an annual invoice for each calendar year thereafter for any agreement reserving water and/or wastewater capacity, to the extent that there are any reserved, but unconnected ERCs, and the fee shall be based on the base facility charge of the city. If any payment of guaranteed revenue fees is more than thirty days late, the city shall send a notice of delinquency to the last known address kept on file with the city for its mailing of any notices, billings or invoices to the applicant concerning the provision of utility services to the applicant's real property. Applicant shall submit the required full payment of guaranteed revenue fees to the city within thirty days of receipt of the written notice of delinquency. If any ERCs are connected during a calendar year for which guaranteed revenue was paid, a credit will be issued for those ERCs on the next scheduled annual invoice date.

(2)

Applicable to non-single family residential utility service agreements executed on or after February 1, 2019. The guaranteed revenue fee shall be due and payable the first monthly billing cycle occurring after execution of any non-single family residential water and/or wastewater utility service agreement. Guaranteed revenue shall be due and payable again each month thereafter for any agreement reserving water and/or wastewater capacity, to the extent that there are any reserved, but unconnected ERCs, and the fee shall be based on the non-residential base facility charge of the city. If any payment of guaranteed revenue fees is more than twenty days late, the city shall send a notice of delinquency to the last known address kept on file with the city for its mailing of any notices, billings or invoices to the applicant concerning the provision of utility services to the applicant's real property. Applicant shall submit the required full payment of guaranteed revenue fees to the city within twenty days of receipt of the written notice of delinquency.

(c)

Forfeiture. The continued reservation of ERCs for the water and/or wastewater systems that run with the real property shall be dependent upon the timely payment of guaranteed revenue fees as set forth above. The utility service agreement shall be deemed to provide that failure to timely submit the required full payment of guaranteed revenue fees to the city after written notice of delinquency, shall be a default in the payment of, or renewal of, guaranteed revenue fees. Said default shall be considered a default by the applicant and its successors or assigns and shall result in the forfeiture of any and all remaining reserved capacity and any associated fees paid for such capacity.

(d)

Withholding service. The city shall withhold water and/or wastewater service to be rendered under a utility service agreement until all guaranteed revenue fees that are due to the city under the agreement have been paid in full.

(Ord. 94-44, passed 9-26-94; Am. Ord. 95-70, passed 11-27-95; Am. Ord. 09-71, § 1, 9-14-09; Am. Ord. 11-66, § 5, passed 9-12-11; Am. Ord. 19-01, § 2, 1-28-19)