Chapter 12.40
UTILITY SERVICE RATES AND FEES, RULES AND REGULATIONS

Sections:

12.40.010    Definitions.

12.40.020    Rate tables.

12.40.030    Rules and regulations.

12.40.040    Photovoltaic and wind service pilot program and rate schedule.

12.40.010 Definitions.

A.    “Break in service” means any period of time when utility service is discontinued and there is no person accepting responsibility for payment of services.

B.    “Capital improvement fees for waterworks and sewer connections” means a fee charged to pay for the installation and replacement of the water or sewer system infrastructure and is a one-time fee to use the system.

C.    “Commercial electric customer” means a person using electricity in connection with the operation of business establishments for all purposes, including stores, offices, motels, restaurants, and industrial concerns, but not including buildings, structures, trailers or mobile or modular homes, which are used for residential purposes only.

D.    “Commercial refuse customer” means a person whose tract or parcel of land with improvement thereon, other than “residential refuse customers” as defined herein, within the city.

E.    “Commercial water and/or sewer customer” means a person receiving potable water from which a mercantile pursuit, transaction, industry, occupation, trade, or commerce is conducted for the primary purpose of financial gain. The term includes professional, real estate, insurance offices and when a single water meter serves a dwelling consisting of two or more residential units.

F.    “Construction costs of distribution facilities” means the combined costs of all facilities necessary to the distribution extension or reinforcement, including satisfactory right-of-way.

G.    “Construction payment” means the amount advanced by an applicant to the city to pay all construction costs in excess of free construction allowance.

H.    “Contract customer” means a person taking delivery of electricity at primary voltage or a person using 3,000,000 gallons of water per year, or commercial refuse customer or sanitation district.

I.    “Contract light customer” means a person using electricity in connection with dusk-to-dawn lighting service with controlled security lights per contract with the city.

J.    Default of Payment or Delinquent. Bills for any utility charges remaining unpaid 30 days or more from the date of billing are considered “in default of payment” and “delinquent.”

K.    “Energy charge” means the rate multiplied by the kilowatts per hour (Kwh) consumed.

L.    “Free construction allowance” means that portion of necessary construction made by public works at its expense.

M.    “Monthly service charge” means a monthly fee charged to each customer regardless of the monthly volume or energy charge.

N.    “Net metering” means, for billing purposes, the net consumption as measured at the city of Gunnison’s service meter. When net metering is negative, such that the PV-W system production is greater than the customer’s consumption in any month, the city of Gunnison will credit customer for such production. In the event that such negative balance remains after December 31st of each year, the city of Gunnison will pay customer for such negative balance at the city of Gunnison’s average wholesale rate. If customer consumption is greater than the PV-W system production, the customer shall pay for that electric use at the most current published rate on a monthly billing. Customers will be billed the monthly service charge for each month, even in months when negative or no net electric consumption by the customer results.

O.    “Normal domestic wastewater” means wastewater that has a biochemical oxygen demand (BOD) concentration of not more than 300 mg/l and a suspended solids (SS) concentration of not more than 300 mg/l. Normal domestic wastewater is considered to have a concentration which may generally range from approximately 125 to 300 mg/l of both BOD and SS.

P.    Payment Due Date. Utility charges become due and payable 10 days from the date of billing.

Q.    “Person” means any individual, firm, company, association, society, corporation, or group and shall include both singular and plural.

R.    “Photovoltaic or wind pilot program” means the city of Gunnison’s program to accommodate the installation of PV-W systems on the city of Gunnison’s electric distribution system for the purpose of providing residential and commercial electric customers an option to own photovoltaic or wind generation equipment which is tied to the city of Gunnison’s electric grid.

S.    “Rate” means the amount charged per unit of commodity or service.

T.    “Refund of construction payment” means the amount of construction payment returned to the applicant or the applicant’s assignees by the city.

U.    “Residential electric customer” means a person whose residential dwelling unit is individually metered by unit to measure the amount of electricity used for domestic purposes.

V.    “Residential refuse customer” means a person whose tract or parcel of land within the city is improved with at least one, but not more than eight, residential dwelling units. Each unit will be considered as a customer.

W.    “Residential water and/or sewer customer” means a person whose residential dwelling unit is individually metered by unit to measure the volume of potable water used for domestic purposes.

X.    “Temporary service charges” means the amount the applicant, prior to connection, pays to the city not subject to refund, for the city’s estimated costs of installing and removing the meter less the salvage value of materials used. City utility facilities placed at other than the permanent location shall be considered as temporary service.

Y.    “Volume charge” means the rate multiplied by the volume of water consumed. (Ord. 4-2015 § 1; Ord. 10-2003 §§ 1, 2; Code 1997 § 12-4-1).

12.40.020 Rate tables.

A.    Electrical Rates. The city council of the city of Gunnison hereby establishes the following rates for electrical service provided by the city:

Electrical Rates 

 

2019 Rates

Residential:

  Monthly Service Charge

    Flat Rate

$14.75

    Time-of-Day Rate

$19.25

  Usage Charge

$0.08430/kWh

  Time-of-Day Rate

    On-Peak

$0.10260/kWh*

    Off-Peak

$0.05010/kWh*

Commercial:

  Monthly Service Charge

$25.00

  Usage Charge

$0.08700/kWh

City Government Service:

  Monthly Service Charge

$25.00

  Usage Charge

$0.08700/kWh

Western Colorado University:

  Monthly Service Charge

$85.00

  Usage Charge

$0.05840/kWh

  Demand Charge

$9.50/kW

Contract Lights:

  Monthly Charge

$10.15

Wind Power Attributes:

$1.70/100 kWh per month added to usage charge**

    * On-peak billing shall be the usage occurring during the time between 6:00 a.m. through 10:00 a.m. as well as the time between 5:00 p.m. and 9:00 p.m. Off-peak billing shall be all times not described as on-peak.

    ** Wind power attributes may be purchased by the customer in blocks of 100 kWh per month.

B.    Water Rates. The city council of the city of Gunnison hereby establishes the following monthly service charge for water service as follows. Monthly service charges are based on the size of the meter installed for each service based on the following table:

Water Rates 

Monthly Service Charges for All Customers Based on Size of Water Meter:

 

Current 2018

2019

5/8" meter

$11.00/month

$11.77/month

3/4" meter

$11.00/month

$11.77/month

1" meter

$11.00/month

$11.77/month

1-1/2" meter

$17.00/month

$18.19/month

2" meter

$19.00/month

$20.33/month

3" meter

$57.00/month

$60.99/month

4" meter

$77.00/month

$82.39/month

Usage Charge:

First 5,000 gallons/month

$1.68/1,000 gallons

$1.80/1,000 gallons

Next 10,000 gallons/month

$1.83/1,000 gallons

$1.96/1,000 gallons

Over 15,000 gallons/month

$1.88/1,000 gallons

$2.01/1,000 gallons

    Waterworks Capital Improvement Fees. The city council of the city of Gunnison hereby establishes the following capital improvement fees to be charged for each connection to the waterworks system of the city. The waterworks system capital improvement fee is based on the size of the meter installed for each service, based on the following table:

Water Service Line Size

Capital Improvement Fee for Waterworks Services

3/4" or less

$    2,500

 

1"

4,500

 

1 1/2"

10,000

 

2"

17,500

 

3"

35,000

 

4"

60,000

 

6"

120,000

 

    There shall be no additional capital improvement fee for connections requiring oversized water service lines for fire sprinkler systems or other fire suppression system.

C.    Sewer Rates. The city council of the city of Gunnison hereby establishes the following monthly service charges and use charges for the sewer system of the city of Gunnison:

Sewer Rates** 

 

Current 2018

2019 Rate

Residential:

Monthly Service and Usage Charge

$27.56

$32.25

Commercial:

Monthly Service Charge

$13.23*

$15.48*

Monthly Usage Charge

$0.00278/gallon of water used as determined by water meter**

$0.00325/gallon of water used as determined by water meter**

Septic Tank and Portable Toilet Waste:

$32.47/load plus $0.17160/gallon***

$32.47/load plus $0.18447/gallon***

Gunnison County:

 

 

Dos Rios

$0.00252

$0.00295

North Valley

$0.00267

$0.00312

Tomichi Village

$0.00267

$0.00312

Sewer Districts

Per Gallon

Per Gallon

    * If a commercial customer has consumptive use of water or in some other manner uses water which is not returned to the wastewater facility, the user charge for that customer may be based on a wastewater meter or separate water meter installed and maintained at the customer’s expense, or any other method accepted, in writing, by the city council.

    ** For those customers who contribute wastewater strength which is greater than the upper limit of normal domestic sewage, a surcharge, in addition to the normal fee, will be collected as follows:

BOD in excess of 300 mg/l                $0.363 per pound

SS in excess of 300 mg/l                  $0.062 per pound

    *** The dumping of waste from recreation vehicles, septic tanks, and portable toilets shall require authorization of the public works department and payment to the city of the fees as set forth herein for each dumping of recreational vehicle waste, septic tank waste, or portable toilet waste, prior to said dumping. The location where recreational vehicle waste, septic tank waste, or portable toilet waste may be dumped shall be designated by the public works director. It shall be unlawful to dump recreational vehicle waste, septic tank waste, or portable toilet waste without having proof of prior payment of the fees in possession of the person so dumping. Requests for recreational vehicle dumping, septic tank dumping, or portable toilet dumping into the city’s wastewater treatment facilities, outside of the hours of 8:00 a.m. to 5:00 p.m. local time, Monday through Friday, or on holidays, shall be subject to an after-hours charge of $30.00 per dump.

    Sewer Capital Improvement Fees. The city council of the city of Gunnison hereby establishes the following capital improvement fees to be charged for each connection to the sewer system within the city of Gunnison. The sewer system capital improvement fee is based on the size of the water meter servicing the facility or structure to be connected to the city’s wastewater facility as follows:

Water Meter Size

Capital Improvement Fee for Sewer Services

3/4"

$   5,000

 

1"

9,000

 

1 1/2"

20,000

 

2"

35,000

 

3"

70,000

 

4"

120,000

 

D.    Refuse/Recycle Collection Rates. The city council of the city of Gunnison hereby establishes the following refuse and recycle collection rates within the city of Gunnison:

Refuse/Recycle Rates 

 

2014 Rates

Current 2015 Rates

Residential Refuse:

Monthly Basic Service Charge*

1 38-gallon container

$16.00/month

$15.00/month

1 68-gallon container

$20.00/month

$19.00/month

1 98-gallon container

$25.00/month

$23.00/month

1 2-yard dumpster (4 home minimum)

$25.00/month/home

$23.00/month

Special Pick-Up: Must be in container with the exception of furniture, appliances and tree limbs.

1 38-gallon container

$4.00/each

$4.00/each

1 68-gallon container

$5.00/each

$5.00/each

1 98-gallon container

$6.25/each

$6.25/each

1 piece of furniture/appliance

$10.00/each

$10.00/each

1 refrigerator (includes freon capture)

$35.00/each

$35.00/each

Residential Recycle:

No charge

No charge

Commercial Refuse/Recycle:

Monthly Basic Service Charge*

1 2-yard dumpster (refuse)

$62.00/month

$60.00/month

1 2-yard dumpster (recycle cardboard)

$25.00/month

$25.00/month

1 Maximum 50-gallon container of plastic/aluminum/tin/paper

$12.50/month

$12.50/month

Construction Dumpster (Temporary)

1 2-yard dumpster/each pick-up

$30.00/pick-up

$30.00/pick-up

Minimum per month

$30.00

$30.00

*    Residential basic service consists of the weekly pickup of one container. Commercial basic service consists of the weekly pickup of one two-cubic-yard dumpster. All recycle pickups are for one container/dumpster weekly.

E.    It is the intention of the city council of the city of Gunnison to review the rates charged for utility services on an annual basis during the budget preparation process. (Ord. 2-2019 § 1; Ord. 17-2018 § 1; Ord. 16-2018 § 1; Ord. 3-2018 § 1; Ord. 12-2017 § 1; Ord. 11-2017 § 1; Ord. 13-2016 § 1; Ord. 12-2016 § 1; Ord. 11-2016 § 1; Ord. 15-2015 § 1; Ord. 14-2015 § 1; Ord. 13-2015 § 1; Ord. 8-2015 §§ 1, 2, 3; Ord. 14-2014 § 1; Ord. 13-2014 § 1; Ord. 12-2014 § 1; Ord. 11-2014 § 1; Ord. 1-2013 § 1; Ord. 6-2009 § 1; Ord. 6-2008 § 1; Ord. 5-2008 § 1; Ord. 4-2008 § 1; Ord. 1-2008 § 1; Ord. 12-2007 § 1; Ord. 11-2007 § 1; Ord. 10-2007 § 1; Ord. 3-2007 § 1; Ord. 2-2007 § 1; Ord. 1-2007 § 1; Ord. 3-2006 § 1; Ord. 1-2006 § 1; Ord. 13-2004 § 1; Ord. 7-2004 § 1; Ord. 14-2003 § 1; Ord. 8-2001 § 1; Ord. 7-2001 §§ 1, 2; Ord. 1-2001 §§ 1, 2; Ord. 14-1999 §§ 1, 2, 3; Ord. 16-1998 §§ 7 – 15; Ord. 15-1998 § 1; Ord. 7-1997 §§ 1, 2, 3; Code 1997 § 12-4-2).

12.40.030 Rules and regulations.

A.    Electric Service Construction Allowances. Payments by applicants for costs of extending electric lines will be subject to the following rules and regulations:

1.    Overhead or underground electric line extensions for secondary or primary service where the use of the service is to be permanent and where a continuous return to the city of sufficient revenue to support the necessary investment is assured will receive a construction allowance. The construction allowance will be equivalent in cost to the gross embedded investment per customer and the city will install, at its expense, necessary overhead or underground electric distribution extension facilities equal to this construction allowance.

    Applicants required to pay the city for electric line extensions in accordance with GMC 12.30.040 and 12.30.050 shall pay in advance all estimated construction costs for the electric distribution facilities necessary to serve the applicant in excess of the construction allowance.

2.    Construction allowance by customer rate class:

a.    Residential: $475.00;

b.    Commercial: $1,195.

3.    Said construction payment shall be refundable in part or its entirety during a five-year period immediately following installation. At the end of said five-year period, any remaining construction payment becomes nonrefundable.

4.    Calculation and Payment of Refunds. When an additional permanent service customer connects directly to an electric distribution extension upon which there is unrefunded construction payment remaining, the city will recalculate the extension costs by: (a) identifying those costs associated with specifically extending the system to the additional permanent service; and (b) recalculating the common costs and apportioning those costs equally between customers.

    Unrefunded construction payments paid in excess of this recalculated cost will be refunded after factoring in the construction allowance per customer. In no case shall refunds be made which exceed in total the amount of construction payment made by any customer. In no event shall any customer who has terminated service be eligible for any refund after such termination.

B.    Application for Monthly Service.

1.    Each customer requesting utility service shall sign a standard application for service. The customer shall supply information requested by the city including but not limited to information related to the manner in which the utility will be utilized.

2.    By signing the application, the customer agrees to be bound by the ordinances which form a contract of service.

3.    Failure of the city to enforce or insist upon strict compliance with any ordinance shall not constitute a waiver.

C.    Deposit Requirements for Monthly Service. The city may require any customer to give an approved guarantee that their bill for service will be paid promptly, by providing a letter of credit from a utility company who has provided services to the customer within the past six months, reflecting the customer has not had any delinquencies within the previous 12-month period. In lieu of such a guarantee, the city may require any customer to make a cash deposit sufficient to secure the payment of an estimated billing not to exceed a 90-day billing, but if a deposit is required it may never be less than $100.00. The cash deposit will be returned to the customer either after: (a) the service is ordered discontinued and all charges for services are paid in full; or (b) in December following one year of service with the city, provided no monthly billing has been in default of payment. The city will apply the amount of the refundable deposit to any charges for services outstanding at the time of the discontinued service. Any deposit remaining will be refunded to the customer as quickly as practicable.

D.    Default of Payment for Monthly Service. When a customer is in default of payment and delinquent, the city may discontinue its utility service to such delinquent customer. The service of any customer shall not be discontinued except upon written notice of at least 10 days, advising the customer of such fact, or in an extreme emergency that threatens the health, safety, and welfare of the citizens of the city of Gunnison.

E.    Reconnection of Monthly Service.

1.    The city shall impose a reconnection fee to the customer requesting reconnection in the event service has been discontinued and a break in service has occurred.

2.    Fees may be charged to the customer by the city for collection of accounts in default of payment and for restoration of service to customers in default of p ayment.

3.    When a customer is in default of payment, the city shall have the right to:

a.    Impose a collection fee if and whenever the city shall have been required to initiate collection efforts against the customer and if in response thereto the customer shall pay the delinquent amount without the city resorting to disconnection of service. The city shall waive the payment of one such collection fee if the customer has not defaulted in payment at any time in the 12 months immediately preceding the month for which said charge is to be waived.

b.    Impose a reconnection fee if and whenever the city initiates collection efforts against the customer and disconnects service as a consequence and has to reconnect it.

4.    The reconnection fee shall be $30.00.

5.    The collection fee shall be $20.00.

F.    Termination of Monthly Service.

1.    The city shall not discontinue the service of any customer for violation of any rule of the city and/or for nonpayment of any sum due for utility service except upon written notice mailed by first class mail or delivered at least 10 days in advance of the proposed termination date, advising the customer of what particular rule has been violated for which service will be discontinued, and/or the amount due and the date by which the same shall be paid. In the event the customer previously has executed a third-party notification form indicating a third party to whom notices of discontinuance or terminations are to be sent, written notice also shall be mailed by first class mall or delivered at least 10 days in advance of the proposed termination date to said third party. The notice of discontinuance shall be conspicuous in nature and in easily understood language. The heading of the notice of discontinuance shall be in block letters. The heading shall contain, as a minimum, the following warning written in English:

THIS IS A FINAL NOTICE OF DISCONTINUANCE OF ELECTRIC UTILITY SERVICE AND CONTAINS IMPORTANT INFORMATION INVOLVING YOUR LEGAL RIGHTS AND REMEDIES.

    The heading shall also contain the same wording written in Spanish with an additional sentence at the end of the warning stating in Spanish:

IF YOU DO NOT READ ENGLISH YOU SHOULD REQUEST SOMEONE WHO UNDERSTANDS SPANISH AND ENGLISH TO TRANSLATE THIS NOTICE FOR YOU.

    This rule shall not apply where a bypass is discovered on the customer’s service meter, or any hazardous condition on a customer’s premises, or in the case of a customer utilizing service in such manner so as to make it dangerous for occupants of the premises, thus making an immediate discontinuance of service to the premises imperative.

2.    Delinquency in payment for service rendered to a previous occupant of the premises to be served and unpaid charges for service or facilities not ordered by the present or prospective customers shall not constitute a sufficient cause for refusal of service to a present or prospective customer; provided, however, the city may decline to furnish service at the same premises for the use of a delinquent customer by subterfuge in any manner.

    Subterfuge includes, but is not restricted to, an application for service at a given location in the name of another party by an applicant whose account is delinquent and who continues to reside at the premises. Service shall not be discontinued or refused for failure to pay any indebtedness except as incurred for utility services rendered by the city.

3.    In situations involving permanent residents in multiunit dwellings known by the city to exist where the utility service for the entire dwelling is recorded on a single meter, the city, at least 10 days prior to the proposed termination date for the dwelling involved, shall make every reasonable effort to: (a) deliver a written notice to each individual dwelling unit within the multiunit dwelling advising that a notice of discontinuance has been sent to the party responsible for payment of electric bills for the dwelling, the date upon which termination will become effective, and how the individual resident in the dwelling unit may contact the city for additional information concerning the proposed termination; or (b) mailing such notice by first class mail to the addressee or occupant of each unit of the multiunit dwelling, and to the extent possible, posting a copy of said notice in at least one of the common areas of the multiunit dwelling.

4.    Notice of discontinuance of service shall be mailed or delivered in accordance with subsection (F)(1) of this section. As a minimum, said notice shall advise the customer:

a.    How to contact the city, without expense to the customer of a toll call, to resolve any dispute with respect to the amount or date due, and/or with respect to violation of any rule.

b.    That the customer is entitled to a hearing in person before termination of service at a reasonable time and place within 10 days of the date of the notice of discontinuance before the city manager or his designee.

c.    That the customer has the right to make an informal complaint to the city council by letter or in person.

d.    That the customer has the right to request, in writing, a hearing before the city council.

e.    The city council, at its discretion and upon such terms as it may prescribe, may order the city not to terminate service pending an investigation and/or hearing.

f.    That in the event a hearing before the city council on the proposed discontinuance of service is requested by the customer, the city council, upon motion by the finance department, may order the customer to post a deposit or an additional deposit with the city in such amount as the city council deems reasonable under the circumstances, which deposit may be in addition to any deposit previously posted with the city.

g.    That the customer may avoid termination of service by paying the current month’s bill in full and entering into a reasonable installment payment plan with the city to pay the past due balance in no more than six equal monthly installments.

h.    That in the event the customer is unable to pay for service as regularly billed by the city, or is able to pay for such service but only in reasonable installments, and there is a medical certification delivered to the city indicating that termination of service would be especially dangerous to the health or safety of the customer or a permanent resident of the customer’s household, that there will not be discontinuance of service for 60 days from the date of the medical certification with a possible 30-day extension upon delivery of a second medical certification.

5.    Service shall not be disconnected:

a.    If all current bills are paid when due and all past due amounts are being amortized by reasonable installment payments. The due date on the bill must be specifically indicated on the bill and the due date shall be no earlier than 10 days subsequent to the mailing or delivery of the bill. “Current bill” means that portion of the bill which is not 30 days past the date of billing. The minimum reasonable installment payment is that which pays a current bill in full and is at least one-sixth of any past due balance. A reasonable installment payment plan shall require that a past due balance be paid off in no more than six equal monthly installments. The city has the right, in the event there is a breach in the installment agreement, to discontinue service upon the seventh day following the mailing of a notice of termination and to require payment in full and the posting of a reasonable deposit in order for the customer to be reconnected.

b.    A “reasonable installment” is defined as one which is at least one-sixth of the past due balance and is made no less frequently than once a month.

c.    Between 12:00 noon on Friday and 8:00 a.m. the following Monday, or between 12:00 noon on the day prior to 8:00 a.m. on the day following any federal holiday or city-observed holiday.

d.    During any period when termination of service would be especially dangerous to the health or safety of the residential customer or a permanent resident of the customer’s household and such customer establishes that he is unable to pay for the service as regularly billed by the city, or he is able to pay for such service but only in reasonable installments.

    Termination of service that would be especially dangerous to the health or safety of the residential customer or a permanent resident of the customer’s household means that termination of service would aggravate an existing medical condition or create a medical emergency for the customer or a permanent resident of the customer’s household. Such shall be deemed to be the case when a physician licensed by the state makes a certification thereof in writing and said certification is received by the city.

    In the event a medical certification as aforesaid is delivered or received by the city, the nondiscontinuance of service as herein prescribed shall be effective for 60 days from the date of said medical certification. One 30-day extension of nontermination of service pursuant to this subsection may be effected by delivery to or receipt by the city of a second medical certification, as aforesaid, prior to the expiration of the initial 60-day nontermination period. A residential customer may invoke the provisions of this subsection (F)(5)(d) no more than once during any period of 12 consecutive months.

e.    Until the city has made a reasonable effort to give notice of the proposed discontinuance in person or by telephone both to the residential customer (or to a resident of the customer’s household 18 years of age or over) and to any third party who is listed by the customer on a third-party notification form.

f.    In the event a customer at any time proffers full payment of any bill by cash or bona fide certified check to a representative of the city. The provisions herein shall not preclude the city, by tariff rule and rate, from making a reasonable charge for a service call.

G.    Budget Billing. Customers who do not have a pending notice of discontinuance of service may elect, at their option, to pay monthly bills for service on a budget billing plan beginning with any billing month. Any customer electing the budget billing plan will pay a monthly amount equal to one-tenth of the total of the most recent 12 months’ bills. Said monthly payment shall be made for 11 successive months with the twelfth month’s payment being a settlement amount equal to the difference between the total of the prior 11 months’ payments and the actual billings for the 12-month period. If the settlement amount is a credit balance, the city will issue a check to the customer in the amount of the credit balance, or the customer may elect to have the credit applied to future billings.

    If the settlement amount is a debit balance owed by the customer, the total balance will be due and payable on the due date shown on the bill for the settlement month, except that in the event the debt balance exceeds $20.00, the customer may elect to pay the debit over a two-month period with at least one-half of the total debt balance payable in the settlement month. The customer may continue on the budget billing plan for succeeding years, in which case the settlement for each year will occur in 12-month cycles starting with the beginning month.

    If a customer electing the budget billing plan fails to pay the budget billing obligation in any month, normal collection procedures shall be applicable for the outstanding budget billing amount. Upon termination of service of a customer on the budget billing plan, the customer is subject to removal from the plan and the entire outstanding amount of the account for actual usage shall be due and payable.

H.    Lien on Premises – Owner Liable. All delinquent water, sewer, and refuse charges shall become a lien upon the premises to which these services are delivered from the date same becomes due and until paid. The owner of the lot or building shall be liable for payment of all these charges levied against the property for these services used or taken upon the property and, if delinquent charges are not paid within 30 days of the date of billing, the lien may be made effective by the city certifying the amount of the charges and the period covered by the charges and giving a legal description of the premises to the county treasurer, to be collected and paid over by the county treasurer in the same manner as taxes are authorized to be collected and paid over by the county treasurer. The city may add to the amount due the late payment penalty, and costs incurred by the city in attempting to collect the amount due, including attorney’s fees.

    An occupant or tenant’s obligation to pay for these services under any occupancy or rental agreement shall not relieve the owner from such liability or lien when these service bills become delinquent.

    No change of ownership or occupancy shall affect the application of this subsection and failure of any owner to learn that he purchased property against which a lien for these services exists shall in no way affect his liability for payment in full.

    The lien under this section shall be prior to any and all other liens and encumbrances filed subsequent to the certifying of the lien to the county treasurer, but shall be subject to all general taxes and all local improvement assessments, whether levied prior or subsequent thereto.

I.    Late Payment Penalties. If the payment of any electric, water, sewer and/or refuse service bill is not made within 30 days from the date of billing, there shall be charged a penalty of 10 percent for late payment; however, if the customer has not previously been in default of a payment for the preceding 12-month period, the penalty shall be waived by the director of finance. (Ord. 9-2015 § 1; Ord. 7-2013 §§ 1, 2; Ord. 2-2008 § 1; Code 1997 § 12-4-3).

12.40.040 Photovoltaic and wind service pilot program and rate schedule.

A.    Applicability. The photovoltaic and wind pilot program is applicable to residential and commercial electrical customers to install eligible photovoltaic or wind (PV-W) systems under the following rate, whose electric service is supplied by the city of Gunnison. The PV-W rate is applicable to electric customers who own, operate, and maintain a photovoltaic or wind generation system in parallel with the city of Gunnison’s electric system. The PV-W system shall be limited to a maximum capacity of 25 kilowatts. Service under the following rate schedule is an exception to the applicability of the electric rate schedule such that these schedules are applicable for standby and/or auxiliary service for this program only, and is not available to resale service.

B.    All customers taking advantage of this rate shall be located within the city of Gunnison’s service territory.

C.    All electric energy delivered by the city of Gunnison to the customer hereunder shall be received and paid for by the customer at the applicable residential or commercial rate. The city of Gunnison shall net meter all electric energy produced by the PV-W system. The city of Gunnison will charge the customer an additional $2.50 per month service charge for administrative expenses and additional meter costs that are incurred over that of a typical single-phase meter and an additional $5.00 per month for three-phase meters.

D.    Customers who have installed photovoltaic systems prior to this revision shall continue to operate under the conditions of Ordinance No. 10-2003 unless they choose to increase the size (kW) of their systems, at which time they will fall under the requirements of this revision.

E.    The city of Gunnison shall, at its sole discretion, provide, own, operate, and maintain all meters and metering equipment necessary to measure both the energy supplied by the city of Gunnison and the energy produced by the PV-W system. The city of Gunnison reserves the right to utilize measurements from its meter of the energy produced by the PV-W system for billing the unit’s productions. (Ord. 4-2015 § 2; Ord. 10-2003 § 3; Code 1997 § 12-4-4).