CHAPTER 16
PUBLIC PROPERTY, UTILITIES AND SERVICES

ARTICLE 10
RATES AND CHARGES

Section 16-10-1. Legislative Declaration. The City Council of the City of Northglenn declares that it ordains this article pursuant to the powers vested in the City of Northglenn by Article XX of the Constitution of Colorado, by Article XI, of Home Rules Charter of the City of Northglenn, and by the statutes of the State of Colorado and further finds, determines, and declares that the subject of such article is a matter of local and not statewide concern.

[Source: Ord. 1101, 1994]

Section 16-10-2. Definitions. The following terms and definitions shall apply to provisions and formulae used in Chapter 16, Article 10, of the Municipal Code of the City of Northglenn.

(a)

"Annual Budget" shall mean the budget adopted by the City Council for the fiscal year being considered.

(b)

"Annual Utility Capital Cost" shall mean the outstanding bonded indebtedness, including interest, payable in a given year incurred by the City for the construction, acquisition, or maintenance of its fresh water, storm runoff, and wastewater treatment, storage, conveyance, and connection facilities.

(c)

"Biochemical Oxygen Demand (BOD5)" shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter, expressed in terms of weight and concentration (parts per million), under standard laboratory procedures in five (5) days at twenty (20) degrees centigrade, in accordance with procedures set forth in EPA Methods for Chemical Analysis of Water and Wastes, Method 405.1.

(d)

"Budget Billing" shall mean roughly equal payments for utility services to be adjusted annually to reflect the actual charges.

(e)

"Customer" shall mean the owner of the real property to which water and sewer services are supplied, or his agent as registered pursuant to Section 20-2-1.

(f)

"EQR" shall mean the multiplier used in determining the assessment of "Utility Capital Charges" as determined in Section 16-10-3(c).

(g)

"Equivalent Residential Unit" volume shall mean the average volume of fresh water supplied to an average, detached-single-family residential-unit account within the City, determined by the provisions and formulae in Section 16-10-3 (d) and used only for the apportionment of "Utility Capital Charges."

(h)

"Extended Care Facility" shall mean any organization or structure designated by the Director of Natural Resources as an extended care facility and which provides health-related services over an extended period of time to patients physically or mentally incapable of caring for themselves during which time the patients are expected to take up residency in that facility. An "extended care facility" contains one or more "residential units."

(i)

"Five Year Rolling Average" shall mean the average quantity being measured, determined by adding the actual quantity used during each of the most recently completed five calendar year periods for which data is available, and dividing that sum by five.

(j)

"Irrigation" and "Irrigation Usage" shall mean that quantity of water which is exclusively applied to outdoor plantings, or is otherwise used in a manner that generally precludes the collection of that water for direct return to the City's wastewater treatment facilities. In this sense, "irrigation water" is not "Return-flow" water, as separately defined herein.

(k)

"Metered Coefficient" shall mean the incremental value used to assess a surcharge for excess pollutant loading to the waste water system.

(l)

"Mixed Usage" as used to determine water utility charges, shall mean that water quantity which is used in a manner that includes both "return-flow" and "non-return-flow" usage.

(m)

"Non-Residential Usage" as used to determine water utility charges, shall mean that water quantity which is used by an account other than a "residential account."

(n)

"Non-Return-Flow Water" and "Non-Return-Flow Usage" shall mean that water quantity which is used in a manner that generally precludes the collection of that water for direct return to the City's wastewater treatment facilities. (See also "irrigation" and "return-flow" water.)

(o)

"Operating, Maintenance, Direct, General, and Accounting Costs" shall mean costs incurred by the City of Northglenn in operating and maintaining the water and wastewater systems excluding the "annual utility capital cost." Such costs shall include, but not be limited to; labor, repairs, equipment replacement, necessary modification, power, sampling, laboratory testing, system administration, billing, water acquisition and reasonable contingency and reserve funds.

(p)

"Residential Unit" shall mean any discrete dwelling unit approved by appropriate Municipal Code or State Statutes and used principally for human "living quarters." A "residential unit" is not determined by the number or relationship of its occupants, but rather by the principal activity within, that is, domestic habitation on a permanent (non-transient) basis. For these purposes, "residential unit" includes, but is not limited to, each detached home, each individual apartment unit, each individual residential condominium, each individual townhome, and specifically excludes hotels and motels.

(q)

"Residential Usage" as used to determine water utility charges, shall mean that water quantity which is delivered to and used by the occupants of a given residential unit.

(r)

"Return-Flow-Water" and "Return-Flow-Usage" shall mean that water quantity which is used in any manner that enables the direct collection of that water for direct return to the City's sewer/wastewater collection system.

(s)

"Total Suspended Solids (TSS)" shall mean the total suspended matter, expressed in terms of concentration (ppm), that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and is removable by filtering in accordance with procedures set forth in EPA Methods for Chemical Analysis of Water and Wastes, Method 160.2.

(t)

"Utility Capital Charge" shall mean the City's charge to each account for the purpose of payment of the City's bonded indebtedness incurred for construction or acquisition of its water and wastewater utilities, (Section 16-10-3). (See also "annual utility capital cost.")

(u)

"Utility Charges" shall mean the City's charges for freshwater usage, wastewater collection, utility capital charge, trash collection/disposal, interest charges, and other associated costs of collection and/or rates and penalties.

(v)

"Utility Usage Charges" shall mean the City's fees charged for freshwater usage (Section 16-10-4) and wastewater collection (Section 16-10-5) which are dependent upon the quantity of water used, and which are separate from the City's "utility capital charge" (Section 16-10-3).

(w)

"Water Utility Charges" shall mean the combined total of the City's various fees for providing water utility services, and includes but is not limited to, the "utility capital charge" (Section 16-10-3) and the "utility usage charges" (Sections 16-10-4 and 16-10-5).

(x)

"Winter Average" as used to determine sewer charges for mixed use taps, shall mean the average monthly quantity of water used, as reflected by billings, for the most recent months of December, January, February and March. Because actual "return-flow-usage" cannot be determined without metering "return-flow-water," based upon the presumption that "irrigation" usage is negligible during winter months, this method shall serve as an alternate determination of a given account's "return-flow-usage" as well as the City's average "return-flow-usage." The City Manager, may modify or waive the application of the method for determining winter average in any year in which the application of such method would result in an increase in sewer charges due, in the opinion of the City Manager, substantially to a combination of below average precipitation and protection of valuable landscaping, when such usage would result in an extraordinary increase as determined by the City.

[Source: Ord. 1101, 1994; 1268, 2000]

Section 16-10-3. Utility Capital Charge. "Annual utility capital cost" shall be apportioned to individual accounts in the form of a monthly "utility capital charge." The amount billed to individual accounts shall be the rate as calculated in Section 16-10-3(a) and, if applicable, discounted by an amount calculated in Section 16-10-3(b) and then multiplied by the "EQR" value assigned per Section 16-10-3(d). A "utility capital charge" will be assessed monthly to each account upon the installation of the water meter for the premises served, whether or not any other "utility usage charges" are applicable to the individual account during the month.

(a)

Calculation of Base "Utility Capital Charge" Rate. In general terms, subject to reasonable contingency and adjustments to avoid large year-to-year fluctuations, the base monthly capital charge per "EQR" shall be calculated according to the following formula:

(A - B) / 12 / C = base monthly "utility capital charge" per "EQR"

in which the following terms apply:

"A" is the "annual utility capital cost."

"B" is the amount of money projected to be received during the year from sources other than "utility capital charges" and planned to be used for payment of "annual utility capital cost" where the discount to capital charge is not earmarked for a specific category of customer. (Examples could include tap fee revenue or revenue from sales of property earmarked for this purpose.)

"C" is the total number of "equivalent residential units."

(b)

Calculation of discount to be applied to the base "Utility Capital Charge" rate for certain categories of customer. Where categories of revenue are allocated by resolution or ordinance to apply to specific categories of customers (i.e. sales tax on food applied to reduce residential capital charge rates or property tax revenue applied to reduce the capital charge rates of those customers paying ad valorem property taxes) the discount to the monthly capital charge per "EQR" for that category of customer shall be calculated according to the following formula:

D / 12 / E = Monthly discount to applicable categories of customers

in which the following terms apply:

"D" is the amount of money projected to be received during the year from sources where such revenue is earmarked by resolution or ordinance for a specific category of customer.

"E" is the total number of "equivalent residential units" in the customer category being discounted.

(c)

"Utility capital charge" rates shall be reviewed by the City Council no less frequently than annually to ensure that they comply with the requirements of this section. In no case will "utility capital charge" rates be set such that the projected ending budgetary balance in funds restricted for Water and Wastewater Fund debt payments exceeds the scheduled amount required for subsequent year May 1st Water and Wastewater General Obligation Bond payments.

(d)

Calculation of "Equivalent Residential Unit" volume of water. The "equivalent residential unit" volume of water used in this section to apportion the "utility capital charges" shall be determined by the following formula:

F / G = usage equivalent to 1 EQR

in which the following terms apply.

"F" is the city-wide five year rolling average volume of water delivered to detached single-family residential unit accounts as determined by the City's billing records.

"G" is the five year rolling average number of detached single-family residential unit accounts as of December 31st of the previous year.

(e)

Determination of "EQR" Assessment. An individual account's "EQR" assessment shall be determined from the following table or formulae:

Account Meter Classification "EQR" Assessment
1) Each individually-metered detached-single-family residential unit 1
2) Each attached but individually-metered residential unit (having no shared meters) 1
3) Attached residential units that are individually-metered and that also have one or more shared meters as part of the residential complex:
2, 3, or 4 units within the complex 0.65/unit
5 or more units within the complex 0.50/unit
4) Attached residential units not individually-metered shall have the "EQR" assessment, in total, for all of the shared meters serving the complex combined as follows:
2, 3, or 4 units within the complex 0.90/unit
5, 6, or 7 units within the complex 0.70/unit
8 or more units within the complex 0.55/unit

5) Residential units contained within a complex also containing separate non-residential meters (a "mixed-use" building in terms of zoning ordinances) shall have the residential units "EQR" assessment determined by the most applicable of the preceding classification numbers 2, 3, or 4 of this table. If the residential units are not separately metered from the non-residential portion of the mixed-use complex, then the "EQR's" divided by "R" equal less than 0.50:

L / H = #EQR's, EXCEPT #EQR's / R ≥ 0.50

in which the following terms apply:

"L" is the five year rolling average volume of water for all the "mixed use" complex's meters combined, including "Non-Return-Flow" usage.

"H" is the "EQR" volume of water as determined in Section 16-10-3(b).

"R" is the number of "residential units" contained within the entire complex.

6) Extended Care Facilities (as defined in Section 16-10-2 (a)) shall have "EQR's" assigned according to the criteria in the preceding Section 4 according to the number of "Residential Units" contained within the facility, determined by the formula:

M / N = #EQR's

in which the following terms apply:

"M" is the maximum number of patients, residents, or occupants permitted by the certificate of occupancy or under applicable building or fire codes.

"N" is the average number of occupants per "Residential Unit" within the City, as determined by the most recent census.

7) "Non-Residential" accounts of all types shall have the account's "EQR" assessment determined individually, on an annual basis, according to the following formula, except that in no event shall the number of "EQR's" equal less than 0.50:

V / H = #EQR's, EXCEPT #EQR's ≥ 0.50

in which the following terms apply:

"V" is the individual account's "five year rolling average" volume of water.

"H" is the "EQR" volume of water determined by the formula in Section 16-10-3 (b).

8) "EQR's" for accounts connected to the system for either water services only or sewer services only shall be assessed at one half the otherwise applicable rate.

9) New accounts and/or accounts with insufficient historical data to establish a "five year rolling average," as may be required for determination of an "EQR" assessment, shall be assessed an estimated volume determined by the Director of Natural Resources. For this purpose, the Director may use comparable data from similar accounts, if such similar accounts exist, or may use data supplied by the customer to estimate the approximate volume of water expected to be used by that account during the next 12 month period. Once a 12 month billing history is available, that account's "EQR" assessment shall be determined by using the first year's actual volume as the basis for calculation. Should the "EQR" established by the 12 month billing history be less than the estimated "EQR" assessment, the City shall refund to the customer the difference between the capital charges actually paid during said 12 month period and the amount that would have been paid based on the final "EQR" assessment. Conversely, should the "EQR" established by the 12 month billing history be more than the estimated "EQR" assessment, the City shall bill to and collect from the customer the difference between the capital charges actually paid during said 12 month period and the amount that would have been paid based on the final "EQR" assessment. Each subsequent year's actual volume will then be included in the average volume used, until such time as a "five year rolling average" is available for that account. A new business which begins using a tap previously used is considered a new account.

[Source: Ord. 1101, 1994; 1438, 2006]

Section 16-10-4. Utility Usage Charges--Fresh Water. Monthly charges for use of fresh water supplied by the City to all utility accounts shall be made in a manner that is directly dependent upon the actual or estimated quantity of water used by that account during that billing period, and at incremental rates that are dependent upon the City's cost of obtaining and providing that quantity of water. The determination of applicable rates shall be no less frequently than annually, in accordance with the following subsections:

(a)

The costs of both Water and Wastewater operations are accounted for in a single fund. Based upon the annual budget and a multiple year forecast of required expenses, necessary reserves, and contingency, both water and sewer usage rates shall be set at levels approximating those necessary to recover "operating, maintenance, direct, general, and accounting costs" attributable to the separate systems. To smooth rates and avoid large year-to-year fluctuations, the need to recover projected combined water/wastewater operational expenses may also impact the rate setting equation.

(b)

The City Council shall only increase fresh water usage rates by ordinance. Prior to the public hearing pursuant to Section 4.10(b) of the City of Northglenn Home Rule Charter, details regarding the proposed rate increase(s) shall be posted in full, including the day, hour, and place at which Council shall hold the Public Hearing regarding the proposed rate increase.

(c)

FRESH-WATER INCREMENTAL USAGE/RATE TABLE.

Residential Individually Metered Tier Rate

Consumption Range Jan 1, 2023 Jan 1, 2024 Jan 1, 2025 Jan 1, 2026 Jan 1, 2027
First 3,000 gallons $4.24 $4.33 $4.41 $4.50 $4.59
Over 3,000 to 10,000 gallons $5.31 $5.42 $5.53 $5.64 $5.75
Over 10,000 to 20,000 gallons $6.64 $6.77 $6.91 $7.05 $7.19
Over 20,000 gallons $9.96 $10.15 $10.36 $10.56 $10.78

Commercial Water Volume Charges

Consumption Range Jan 1, 2023 Jan 1, 2024 Jan 1, 2025 Jan 1, 2026 Jan 1, 2027
0% - 100% EQR $4.01 $4.09 $4.17 $4.25 $4.34
Over 100% EQR $6.99 $7.13 $7.27 $7.41 $7.56
Domestic Use $4.01 $4.09 $4.17 $4.25 $4.34
Irrigation Use $6.99 $7.13 $7.27 $7.41 $7.56

Residential Drought Surcharge

Stage 1 Stage 2 Stage 3 Stage 4
Over 18,000 gallons None $2.00 per thousand gals. $4.00 per thousand gals. $4.00 per thousand gals.

Commercial Drought Surcharge

Stage 1 Stage 2 Stage 3 Stage 4
Over 100% EQR None $2.00 per thousand gals. $4.00 per thousand gals. $4.00 per thousand gals.

Monthly Service Charges

Meter Size Jan 1, 2023 Jan 1, 2024 Jan 1, 2025 Jan 1, 2026 Jan 1, 2027
5/8" $12.35 $12.60 $12.85 $13.11 $13.37
3/4" $15.31 $15.62 $15.93 $16.25 $16.57
1" $21.11 $21.54 $21.97 $22.41 $22.85
1 1/2" $35.81 $36.53 $37.26 $38.00 $38.76
2" $53.35 $54.41 $55.50 $56.61 $57.74
3" $100.14 $102.15 $104.19 $106.27 $108.40
4" $153.12 $156.18 $159.31 $162.49 $165.74
6" $298.84 $304.82 $310.91 $317.13 $323.47

(d)

Due to the Requirement that water used under the FRICO exchange be supplemented by 10% upon return to the FRICO system, cost differences exist between water provided for uses having a "return flow" and for uses that preclude "return-flow" (usually "irrigation" water). Fresh water usage rates shall consider this cost differential and be set such that the rate for estimated usage of "irrigation" water is greater than the rate for "non-irrigation" water.

[Source: Ord. 1101, 1994; 1268, 2000; 1544, 2009; 1553, 2009; 1570, 2010; 1602, 2011; 1670, 2014; 1699, 2015; 1745, 2017; 1841, 2022]

Section 16-10-5. Utility Usage Charges--Wastewater. Monthly charges for wastewater collection, treatment and storage services provided by the City to all utility accounts within the City's boundaries shall be in a manner that is generally dependent upon the quantity of water that is returned directly to the wastewater system (i.e., the accounts "return flow"). New accounts and/or accounts with insufficient historical data to establish a "winter average," as may be required for determination of an "EQR" assessment, shall be assessed an estimated volume determined by the director of water and environmental services. For this purpose, the director may use comparable data from similar accounts, if such similar accounts exist, or may use data supplied by the customer. Once a 12 month billing history is available, that account's "EQR" assessment shall be determined by using the first year's actual volume as the basis for calculation. Should the "EQR" 12 month history be less than the estimated "EQR" assessment, the city shall refund to the customer the difference between the rates actually paid for wastewater service during said 12 month period and the amount that would have been paid based on the final "EQR" assessment. Should the "EQR" 12 month history be more than the estimated "EQR" assessment volume, the customer shall be subsequently assessed for any such additional charges.

(a)

For "mixed usage" accounts, in lieu of separate and specific "return flow" measurement by meters, "return flow" is normally assumed to be the "winter average" fresh-water volume supplied to an account during the winter months when "irrigation usage" is generally not required. If another method (metering or other adequate documentation of water used for "return-flow" vs. "non-return flow" purposes) is available, the most accurate method shall be used for volumetric determination. The City Council may promulgate other methods for determining "return flow" where the property receiving sewer service was unoccupied during all or any portion of the period used to determine "winter average." Such other method shall be just, reasonable, non-discriminatory and cost of service based.

(b)

For accounts utilizing supplied fresh-water for purposes that result primarily in "return-flow" (accounts with only minimal "irrigation" usage) the utility charge for wastewater collection may be based upon the average monthly quantity of water used, as reflected by billings, for the most recent months of April through March.

(c)

For accounts utilizing supplied fresh-water only for purposes that do not utilize "return-flow" (usually "irrigation only" accounts) no "utility usage charges" for wastewater services shall be assessed. Additionally, accounts that utilize their own, approved wastewater disposal system which physically precludes any means of conveyance of wastewater into the City's wastewater collection system (so that there cannot be return flow through any conduit including storm drainage systems) shall not be assessed "utility usage charges" for wastewater services. This provision in no way rescinds nor affects the "utility capital charge" applicable to each account as specified in Section 16-10-3.

(d)

The costs of both Wastewater and Water operations are accounted for in a single fund. Based upon the annual budget and a multiple year forecast of required expenses, necessary reserves and contingency, both sewer and water usage rates shall be set at levels approximating those necessary to recover "operating, maintenance, direct, general, and accounting costs" attributable to the separate systems. To smooth rates and avoid large year-to-year fluctuations, the need to recover projected combined water/wastewater operational expenses may also impact the rate setting equation. Charges to individual accounts will be calculated by multiplying the average winter consumption, or alternative method of determining "return-flow" volume, times the "metered coefficient" times the incremental rate.

(e)

The City Council shall only increase wastewater usage rates by ordinance. Prior to the public hearing pursuant to Section 4.10(b) of the City of Northglenn Home Rule Charter, details regarding the proposed rate increase(s) shall be posted in full, including the day, hour and place at which Council shall hold the Public Hearing regarding the proposed rate increase.

(f)

SEWER USAGE INCREMENTAL RATE TABLE

Consumption Range Jan 1, 2023 Jan 1, 2024 Jan 1, 2025 Jan 1, 2026 Jan 1, 2027
Per 1,000 gallons
(3,000 gallon minimum) $6.68 $7.03 $7.40 $7.79 $8.20
Charges $ per pound for concentrations over 250 mg/L
BOD $0.25
TSS $0.25

(See Notes #1 and #2)

Note #1. For all "non-residential" wastewater having a 5 day biochemical oxygen demand (BOD5) greater than 200 parts per million (ppm), the "metered coefficient" may be proportionally raised, with coefficients assigned to recover the incremental cost of treatment of the higher concentration of BOD5.

Note #2. For all "non-residential" wastewater having a total suspended solids concentration (TSS) greater than 190 parts per million (ppm), the "metered coefficient" may be proportionally raised, with coefficients assigned to recover the incremental cost of treatment of the higher concentration of TSS.

(g)

Additional costs in wastewater treatment or conveyance that are imposed upon the wastewater system by a particular user or class of users may be a determinant in the rate(s) charged to that account or class of accounts. For such accounts, the "metered coefficient" will be adjusted to reflect associated increased costs.

[Source: Ord. 1101, 1994; 1268, 2000; 1450, 2006; 1544, 2009; 1553, 2009; 1570, 2010; 1602, 2011; 1670, 2014; 1699, 2015; 1745, 2017; 1841, 2022]

Section 16-10-6. Bills for Utility Services, Delinquent Payments, Disconnection.

(a)

Charges for utility services shall be billed to each account monthly.

(b)

Bills for utility services shall itemize, by category, all current charges.

(c)

A bill for utility service shall become delinquent two days before the next month's billing for the affected account.

(d)

Interest charges shall be applied to all delinquent balances (including principal and accrued interest). The interest rate shall be established bi-annually by The Director of Finance and shall not be less than the Wall Street Journal average month-end prime rate for the previous six months.

(e)

If the account is delinquent on two (2) monthly bills and the customer has failed to establish payment terms pursuant to Subsection (g), utility service is subject to disconnection.

(1)

Prior to disconnection of individually metered residential units, the City shall:

Provide written notice at least ten (10) days prior to disconnection of service. Such notice shall be both mailed to the customer and posted on the premises for which the charge reflected on the bill is due. The ten (10) day period shall commence after posting. A Notice of Disconnection charge shall be added to the account in accordance with the fee schedule approved by the Board.

Include a provision in the written notice advising the customer, whose account is delinquent, of his right to an administrative hearing before the Finance Director during the ten (10) day period, the only issue at such hearing being whether a delinquency exists and the accuracy of the delinquent bills.

(2)

Prior to disconnection of non-individually-metered residential units and non-residential units, the City shall:

Provide written notice at least seventeen (17) days prior to disconnection of service. Such notice shall be both mailed to the customer by registered or certified mail and posted on the premises for which the charge reflected on the bill is due. The seventeen (17) day period shall commence after posting. A Notice of Disconnection charge shall be added to the account in accordance with the fee schedule approved by the Board.

Include a provision in the written notice advising the customer, whose account is delinquent, of his right to an administrative hearing before the Finance Director during the seventeen (17) day period, the only issue at such hearing being whether a delinquency exists and the accuracy of the delinquent bills.

(f)

Notwithstanding the provisions of Subsection (e) hereof, utility service for any residential or non-residential unit is subject to immediate disconnection whenever the customer files a petition for protection under the Bankruptcy Reform Act of 1978, as amended, and neither the trustee in bankruptcy nor the customer, within twenty (20) days after the date of the order for relief, furnishes adequate assurance of payment, in the form of a deposit or other security, for service after such date, as provided by 11 U.S.C. Section 366, as amended. Upon receipt of the order for relief, the City shall give the trustee in bankruptcy and customer twenty (20) days written notice before actually disconnecting utility service. The written notice shall contain a provision advising the trustee in bankruptcy and the customer of the amount of the deposit or other security that must be provided to the City before the expiration of the twenty (20) day notice period. Provided, however, that utility service to a non-individually-metered residential unit or non-residential unit shall not be disconnected until such action is approved by the City Council.

(g)

The Finance Director, or his designee is authorized to establish payment terms with any customer, whose account is delinquent. If the payment terms are not complied with, the account may be subject to disconnection without further notice. The Finance Director, or his designee, may also write-off amounts up to $100.00 which, in his opinion, are not economically collectable.

(h)

Utility services disconnected pursuant to this section shall not be reconnected until the customer pays the delinquent bill or establishes payment terms accepted by the Finance Director. A service reconnection charge shall be added to the account for costs related to service reconnection.

(i)

The City shall have as security for collection of all utilities charges, a lien upon the real property served. The lien shall become effective upon supplying of water utility services and or billing of capital charge, trash collection/removal, and other associated rates, penalties and charges. The lien shall not be discharged until payment of all utilities charges. In order to preserve any lien created by operation of this ordinance, the City shall file for record a lien statement in the office of the Adams County Clerk and Recorder, at any time before the expiration of five months after the day in which a bill for utilities charges becomes delinquent as defined by this Article. All liens created and perfected by virtue of this ordinance shall relate back to and take effect as of the time that utilities services are first provided to or billed for, respectively, the real property. Such lien shall be enforceable against any person acquiring an interest in such real property. Liens which are created by this ordinance, but not perfected, shall be enforceable against any person, with an interest in the real property subject to the lien, that has notice of such lien. In the event the lien provided by this section is not discharged by payment, the City Manager shall report the delinquency to the City Council and the City Council shall be authorized to collect the delinquent charges, rates and penalties by certification of such delinquency with the Adams County Treasurer and collected as all other taxes as authorized by C.R.S. 31-20-1-1 to 107, as amended.

(j)

Any customer that does not occupy the property to which utility services are provided, which property is occupied by persons other than the customer, may request to have water utility usage services disconnected or terminated from the property by signing and depositing a "Request for Termination of Utility Services and Release" with the Finance Director. In the event that a customer, who has requested disconnection or termination of water utility usage services under this section, later requests that those services be reconnected, or applies for connection of utility services pursuant to Section 16-14-3, such utility services shall not be reconnected until the customer has paid a reconnect charge of three hundred dollars ($300.00). This section shall not apply to a customer that requests the temporary disconnection of utility services from his property for the purpose of repairing the water and sewer system maintained on the property.

(k)

The Director of Finance shall have the authority to establish a service fee schedule, which will be applied to customer accounts for services provided by the City of Northglenn. The fee schedule will be reviewed periodically and adjusted to reflect the general practices of surrounding water and wastewater utilities and actual costs associated with the delivery of the services.

[Source: Ord. 1101, 1994; 1268, 2000]

Section 16-10-7. Special Circumstances. In special circumstances, where the application of the formulae contained in Sections 16-10-3, 16-10-4 and 16-10-5 would be inequitable for an individual account or would result in charges for the account which are not substantially related to the cost of serving that account, the Director of Natural Resources shall compute such account's monthly charges in accordance with some other formula or formulae approved by the Water and Sanitation Board to insure that the charges will bear a substantial relation to the cost of providing service.

[Source: Ord. 1101, 1994]

Section 16-10-8. Outside City Rates and Charges. Unless otherwise provided by written contract approved by the City Council, all water and sanitary sewer fees, rates and charges for accounts located outside the boundaries of the City of Northglenn, including but not limited to capital charges, usage charges and connection charges, shall be calculated by increasing the corresponding inside City charges set forth in this Chapter 16 by 50%.

[Source: Ord. 1101, 1994]

Section 16-10-9. Budget Billing.

(a)

Any customer may opt, in writing, to be billed on a budget basis.

(b)

The Department of Finance shall adopt and administer a budget billing program compatible with the capabilities of the billing system.

[Source: Ord. 1101, 1994]

Section 16-10-10. Severability Clause. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable.

[Source: Ord. 1101, 1994]