Secondary Water Rate Increase Resolution

RESOLUTION NO. 2011-021

A RESOLUTION ADJUSTING THE FEE SCHEDULE FOR PRESSURIZED IRRIGATION SYSTEM MONTHLY WATER RATES; ESTABLISHING A POLICY FOR GRANTING CREDIT FOR USE OF WATER SHARES; ESTABLISHING A POLICY FOR DELIVERY OF PRIVATELY OWNED WATER SHARES THROUGH THE PRESSURIZED WATER SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Pleasant Grove City has completed a pressurized irrigation system and rate analysis which projects: (1) an estimate of future accounts and water use; (2) an estimate and allocation of future costs; and (3) the development of a rate structure that will meet the city's revenue needs; and

WHEREAS, the Pleasant Grove City Council desires to develop a pressurized irrigation system rate structure that will meet pressurized irrigation system revenue needs, is fair and equitable to all users and promotes conservation of water; and

WHEREAS, the present pressurized irrigation system rate does not provide adequate funding for operations and maintenance, debt service payments, facilities replacement and repair and capital improvements; and

WHEREAS, Utah State Code grants municipalities the power to establish a fee schedule for pressurized irrigation system services; and

WHEREAS, after consideration of the City's present pressurized irrigation system analysis, the Pleasant Grove City Council finds and determines that it is in the best interests of the health, safety and general welfare of its current and future residents to adopt this resolution adjusting the present fee schedule; and

WHEREAS, circumstances have arisen whereby certain property owners who own ten acres or more within the city and also have pressurized irrigation available desire to utilize the City’s system to deliver privately owned water; and

WHEREAS, City desires to establish a policy establishing guidelines for said circumstances; and

WHEREAS, City desires to rent water shares from private individuals in certain circumstances to provide additional water for use in the pressurized irrigation system and desires to establish a policy for such.

NOW, THEREFORE, BE IT RESOLVED by the Pleasant Grove City Council as follows:

SECTION 1.      

The monthly service charges for Pressurized Irrigation services are established and set as follows:

1. The Pressurized Irrigation System rate structure will be as follows:

1. This rate change is effective beginning with the July 1, 2011 bills.

SECTION 2.     AGRICULTURAL USES.   Property owners who use the pressurized irrigation system to water agricultural uses will be charged at the commercial rate. Agricultural uses is defined for purposes of this Resolution as those properties listed as “greenbelt” status on the records of Utah County. 

SECTION 3.      RENTAL OF WATER SHARES.  Pleasant Grove City will rent irrigation shares from property owners that want to rent irrigation shares to the City. The property owners will pay their pressurized irrigation bill to the City. The City will pay the annual operation and maintenance costs to the irrigation company as rent for use of the water shares. Administration of the Credit will be worked out by agreement between City and water share holder.

SECTION 4.      USE OF PRESSURIZED IRRIGATION SYSTEM FOR DELIVERY OF INDIVIDUALLY OWNED WATER SHARES.   Property owners who desire to use the City’s pressurized irrigation system to deliver individually owned water shares may do so under the following circumstances:

1. Property being serviced must be a total of five (5) acres or more.
2. Water shares must be assigned to the City for use.
3. City will pay the annual operation and maintenance charges on the water shares assigned.
4. The charge for said services are: Ten dollars ($10.00) per month per acre for 2011; Fifteen dollars ($15.00) per month per acre for 2012; and Twenty dollars ($20.00) per month per acre for 2013.

SECTION 5.      SEVERABILITY. The sections, paragraphs, sentences, clauses, and phrases of this Resolution are severable. If any such section, paragraph, sentence, clause, or phrase shall be declared invalid or unconstitutional by the valid judgment or "decree of a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Resolution.

SECTION 6.  PASSED AND APPROVED AND MADE EFFECTIVE by the City Council of Pleasant Grove City, Utah County, Utah, this 21^st   day of June, 2011.

_____________________________

Bruce W. Call, Mayor

ATTEST:

                                                                                                (SEAL)

Kathy T. Kresser

City Recorder