Sec. 45-1. - Powers and duties of department of public works as to disposal, etc., of sewage, garbage, etc.—Generally.

The department of public works of the city shall, pursuant to and in accordance with the charter of the city, provide for the planning, acquisition, purchase, construction, reconstruction, improvement, betterment, extension, operation and maintenance of plants, properties, works, systems or facilities for the collection, treatment and disposal of sewage, waste, garbage and storm water of the city.

(Code 1968, § 41-1)

Sec. 45-2. - Same—Rates, fees or charges.

(a)

The city council shall have full power and authority to fix the rates, fees or charges for the services, facilities and commodities of such undertaking, as referred to in the preceding section, and shall revise such rates, fees or charges from time to time whenever necessary so that such undertaking shall be and always remain self-supporting. The rates, fees or charges prescribed shall be such as will procure revenue at least sufficient to:

(1)

Pay when due all bonds and interest thereon, for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered, including reserves therefor;

(2)

Provide for all expenses of operation and maintenance of such undertaking, including reserves therefor;

(3)

Pay and discharge notes, bonds or other obligations and interest thereon, not issued under the Wilmington Sewer Revenue Bond Act of 1949 for the payment of which the revenue of such undertaking is or shall have been pledged, charged or encumbered;

(4)

Pay and discharge notes, bonds or other obligations and interest thereon, which do not constitute a lien, charge or encumbrance on the revenue of such undertaking, which shall have been issued for the purpose of financing the planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of such undertaking;

(5)

Repay any advance or loan made by the city to meet current interest on outstanding bonds; and

(6)

Provide a reserve for betterments to such undertaking.

(b)

The base for rates, charges or fees against any property shall be the measured quantity of wastes actually carried away by the sewer from such property. Such rates, fees or charges may be measured in whole or in part by the quantity of water consumed. Any rate, fee or charge prescribed may include a discount for payment within a certain period of time and a penalty for failure to pay within a certain period of time.

(Code 1968, § 41-2)

Sec. 45-3. - Collection and disposition.

The department of finance shall have jurisdiction, supervision and control of the collection of the rates, fees or charges established by the city council. All rates, fees or charges collected by the department of finance shall be paid to the city treasurer and by him deposited in a special account to the credit of the city to be known as the sewage disposal revenue account, and payments therefrom shall be made, from time to time, by appropriation ordinances, as other funds of the city are now appropriated, and solely for the purpose or purposes provided for in section 45-2.

(Code 1968, § 41-3)

Sec. 45-4. - Proof of state of mind not required for strict liability violations.

It is unnecessary to prove the defendant's state of mind with regard to offenses which constitute violations as the legislative purpose is to impose strict liability for such offenses.

(Ord. No. 94-002, § 6, 2-24-94)

Sec. 45-5. - Wilmington Water, Sewer and Stormwater Citizens Advisory Board ("CAB").

(a)

Members. The "CAB" as heretofore constituted shall be comprised of seven members to be appointed by the mayor to serve as an economic and financial review and advisory board. Members shall possess skills and backgrounds in business, engineering, finance, environmental matters, and community representation. Two of the members shall be recommended by the president of city council to the mayor for appointment and two members shall be recommended by the New Castle County Executive to the mayor for appointment. Elected and appointed officials and staff of the city government and of the New Castle County government shall be excluded from membership in the CAB. The commissioner of public works, the director of the office of management and budget, and the director of the finance department shall act as staff to the CAB. With the exception of the members recommended by the county executive, all members of the CAB shall be residents of the City of Wilmington.

(b)

The chair of the CAB shall be appointed by the mayor from among the appointed members. At least one of the members shall also be a member of the Wilmington Economic and Financial Advisory Committee (WEFAC).

(c)

Meetings; reports; recommendations. The CAB shall meet not less than quarterly and shall provide oversight of the operations, finances, policies and procedures of the water, sewer and stormwater utilities. The CAB shall: (i) produce, or cause to be produced, periodic reports; (ii) review and recommend asset management plans; and (iii) provide critical oversight of cost and revenue projections during each fiscal year, as well as multi-year financial projections for not less than five years beyond each current fiscal year. The CAB shall recommend financial standards for the utilities and annually recommend to city council water, sewer service and stormwater rates and charges sufficient to maintain and improve the financial condition of the utility relative to these standards.

(Ord. No. 11-050(sub 1), § 1, 10-20-11)

Secs. 45-6—45-30. - Reserved.