Rate Resolution
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GARDINER, MAINE:

WHEREAS, Title 30-A MRSA sections 3406 and 5405 authorize the municipal officers to establish a schedule of service charges for use of the municipal sewer system, and

WHEREAS, Title 27, Chapter 4 of the Ordinances of the City of Gardiner further provides for the manner of adoption of sewer user charges and rate schedules by the City; and

WHEREAS, By Council Resolution # 01-18 dated May 1, 2001, City Council adopted a schedule of service charges for use of the municipal sewer system for FY 2001; and

WHEREAS, Council Resolution # 01-18 requires amendment to better express the intention of the City Council with respect to sewer service charges for certain types of residential and business properties;

THEREFORE, BE IT RESOLVED:   That the following schedule of sewer use charges is hereby adopted by the Council pursuant to the cited statutes and ordinances, as an amendment to Council Resolution # 01-18, said sewer charges to be applied to improved properties located in the City of Gardiner and connected to the City's wastewater facilities, for sewer service provided by the City on and after July 1, 2001:

1.  Minimum or Standby Charges.  Pursuant to Title 27, Chapter 4, Section 2862(a) of the Ordinances of the City of Gardiner, improved properties located in the City of Gardiner and connected to the City's wastewater facilities shall be assessed a quarterly minimum charge based on the property's equivalent user rating.  The quarterly minimum charge shall be calculated by multiplying the quarterly charge per equivalent user as indicated in Table 1, attached hereto, by the equivalent user rating for the property concerned.  For purposes of determining equivalent user ratings in accordance with section 2862(a), the following property classifications are hereby established:

(a) One-bedroom residential dwelling units.  One bedroom residential dwelling units, consisting of owned or leased residences or apartments, having a maximum interior floor area of 550 square feet per dwelling unit, shall be assigned an equivalent user rating of 0.75 per dwelling unit.  

(b) Other residential dwelling units.  Owned or leased residences or apartments containing two or more bedrooms or having an interior floor area in excess of 550 square feet per dwelling unit, shall be assigned an equivalent user rating of 1.0 per dwelling unit.

The term "residential dwelling unit" as used in this Resolve means owned or leased residences or apartments, including individual residential apartments in a multi-unit structure or apartment complex, whether or not water or sewer service to each apartment is separately metered.  The term "residential dwelling unit" does not include beds and breakfasts, boarding houses, boarding schools, campground facilities, dormitories, hospitals, hotels, inns, motels, nursing homes, rental cabins, rooming houses, or similar uses.  For purposes of this Resolve, improved lots that have been approved for siting of mobile homes and that have access to the City's sewer system, including lots in an approved mobile home park with access to the City's sewer system, shall be assigned an equivalent user rating of 1.0 per lot, whether or not the lots concerned are currently leased to a mobile home owner or are currently occupied by a mobile home.  Provided, that a lot occupied by a one bedroom mobile home of 550 square feet or less interior floor area shall be assigned an equivalent user rating of 0.75 in accordance with paragraph 1(a) above.     

(c) Certain Small Businesses. Commercial offices with no public restroom facilities, employing two or fewer full-time or full-time equivalent employees on the premises, and having a maximum interior floor area of 550 square feet, shall be assigned an equivalent user rating of 0.75.

(d) Other Businesses.  Other businesses located in improved properties in the City of Gardiner and connected to the City's wastewater facilities shall be assigned an equivalent user rating by the Superintendent, based on the business' potential water usage as calculated in accordance with 10 CMR 241, Table 501.2, a copy of which is attached hereto [Table 2].  The equivalent user rating shall be determined by dividing the business' potential water usage in gallons per day, calculated in accordance with Table 501.2, by the figure 210 gallons per day.  The result shall be rounded to the nearest one-hundredth (0.01); provided that in no instance shall the equivalent user rating assigned to any such business be less than 1.0, except as provided in paragraph 1(c) above.

2.  Metered Flow Charges.  Pursuant to Title 27, Chapter 4, Section 2862(b) of the Ordinances of the City of Gardiner, improved properties located in the City of Gardiner and connected to the City's wastewater facilities shall be assessed a quarterly charge based on metered water flow, in the amounts indicated in Table 3, attached hereto.  Charges indicated in Table 3 are per hundred cubic feet (HCF) of metered water flow.  The Superintendent may adjust metered flow charges to account for external water usage as provided in Title 27, Chapter 4, Section 2863 of the City's ordinances.  All metered flow charges shall be in addition to the minimum or standby charges assessed under paragraph 1 above.

3.  Effective Date; Rate Changes.  Unless amended by the Council, the rates established by this Resolve shall apply to sewer service provided by the City on or after July 1, 2001.  The Superintendent shall establish procedures to adjust, pro rata, any bill which combines service periods both before and after July 1, 2001.  Future rate changes established by the Resolve shall apply to service provided on or after the dates indicated in the attached tables.  The Superintendent shall establish procedures to adjust, pro rata, any bill which combines service periods both before and after the effective date of future rate changes established by this Resolve.

Statement of Fact:  This amendment to Council Resolution 01-18 clarifies that (1) improved mobile home lots in the City of Gardiner with access to the City's sewer system will be assigned an equivalent user rating of 1.0 per lot, for use in calculating minimum or standby charges, whether or not the lot concerned is currently leased or occupied by a mobile home, unless the lot concerned is occupied by a one bedroom mobile home that qualifies for an equivalent user rating of 0.75 under paragraph 1(a); and (2) every business located in any property connected to the

TABLE 1
SCHEDULE OF RATES
PER EQUIVALENT USER

(Note: The following rates are the amounts to be charged per equivalent user for sewer service provided to properties located in the City of Gardiner, by the City, on and after the dates indicated.  To calculate the charge for any property, multiply the figures shown below by the equivalent user rating for that property.  For example, a property with an equivalent user rating of 1.00 will pay the amount shown.  A property with an equivalent user rating of 2.00 will pay two times the amount shown.  Charges calculated under this table do not include charges for metered water flow, which are in addition to amounts calculated under this table.)       

Effective Date:                   July 1, 2001  January 1, 2002        July 1, 2002        January 1, 2003        July 1, 2003  
Annual Minimum Charge               $112.60        $157.20                 $201.80               $246.36                      $290.92
Quarterly Minimum Charge              $28.15        $39.30                   $50.45               $61.59                       $72.73


TABLE 3
SCHEDULE OF METERED WATER RATES
(Note: The following rates for metered water flow are in addition to minimum quarterly charges calculated under Table 1.)

Effective Date:         July 1, 2001          January 1, 2002         July 1, 2002      January 1, 2003              July 1, 2003         
Usage Rate ($/HCF)            $2.79                     $2.55                 $2.32                  $2.08                   $1.84

City's sewer system will be assigned a separate equivalent user rating in accordance with 10 CMR 241, but not less than 1.0, unless the business concerned qualifies for an equivalent user rating of 0.75 under paragraph 1(c).

TABLE 1 SCHEDULE OF RATES PER EQUIVALENT USER
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ADDRESS
Effective Date
Annual Minimum Charge
Quarterly Minimum Charge
 
July 1, 2001
$112.60
$28.15
 
January 1, 2002
$157.20
$39.30
 
July 1, 2002
$201.80
$50.45
 
January 1, 2003
$246.36
$61.59
 
July 1, 2003
$290.92
$72.73
 
TABLE 3 SCHEDULE OF METERED WATER RATES
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ADDRESS
Effective Date
Usage Rate ($/HCF)
 
 
July 1, 2001
$2.79
 
 
January 1, 2002
$2.55
 
 
July 1, 2002
$2.32
 
 
January 1, 2003
$2.08
 
 
July 1, 2003
$1.84