These 2 Orders Filed for October 7, 2008 Meeting.
ORDER 1:
Ordered, That the following changes in Sec 90-90 be adopted:
Sec. 90-90. Sewer use charge.
(a) Generally. The City Council (board of public works) shall establish a sewer use charge by ordinance; any change in such charge shall come after a public hearing held by the City Council (board of public works), to provide the funds necessary to provide and maintain sewage treatment and sewage works, pay the debt service thereon, and maintain a reasonable reserve as determined by the City Council (board of public works), but which will not exceed 25 percent of the annual budget. The sewer use charge shall be assessed against the owner of every property connected to the municipal sewage works. The charge shall be billed to property owners on a quarterly basis at the rate determined by the City Council (board of public works), multiplied by the number of gallons of metered water charged to the property owner. The board of public works shall collect all monies due the city as a result of the sewer use charge established by this section.
(b) Rate; payment. The rate shall be $4.66 per 1,000 gallons of water metered with a minimum quarterly rate of $5.00. Said rate shall be in effect until such time as the City Council shall approve a change in rate. (board of public works requests a change in rate and such change in rate receives city council approval.) All charges or bills shall be due and payable 30 days after issue and charges or bills remaining unpaid after such due date shall be charged interest thereon at a rate of 14 percent per year as provided in M.G.L.A. c. 40, § 21E.
ORDER 2:
Ordered, That the Law Department render a legal opinion if DPW has the authority to charge certain select commercial or industrial ratepayers a rate different than all other sewer ratepayers when the ordinance Sec 90-90 clearly establishes one rate for all ratepayers and further states, “The sewer use charge shall be assessed against the owner of every property connected to the municipal sewage works.”