HomeMy Public PortalAboutORD11210 BILL NO. 88-184
SPONSORED BY COUNCILMAN HALSEY
ORDINANCE NO. „//.p rU
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN INTERMUNICIPAL AGREEMENT WITH
THE CITY OF ST. MARTINS FOR THE PROVISION OF SEWER SERVICES.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute an intermunicipal agreement with the City of
St. Martins for the provision of sewer services.
Section 2. The agreement shall be substantially the same in
form and content as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
{ from and after the date of its passage and approval.
r
Passed 1Z /�? Approved
'din fficer or
ATTEST:
City Clerk
INTERMUNICIPAL AGREEMENT
® THIS CONTRACT, made and entered into this day of
1989, regardless when signed by the parties hereto, by
and between the City of Jefferson, Missouri, a constitutional
charter city, and the City of St. Martins, a fourth class city in
Cole County;
WITNESSETH:
WHEREAS, the City of St. Martins proposes to construct and
acquire a sewer system to provide sewer service for a portion of
the Grays Creek drainage area within the corporate limits of the
City of St. Martins; and
WHEREAS, the City of Jefferson has determined that its
wastewater system presently has adequate capacity and that the City
of Jefferson can receive, convey and treat, in its wastewater
system, certain quantities of wastewater from the City of St.
Martins area and can expand the wastewater system to receive,
convey and treat the anticipated year 2009 sewage flow from the
area; and
WHEREAS, the City of St. Martins 201 Facilities Plan was
prepared in accordance with the requirements of the rules and
regulations of the Missouri Department of Natural Resources and the
United States Environmental Protection Agency; and
WHEREAS, the City of St. Martins 201 Facilities Plan
demonstrated that it is cost effective for the City of St. Martins
to discharge the wastewater from within its corporate limits to the
City of Jefferson wastewater system; and
WHEREAS, the appropriate State and Federal agencies have
concurred with, and approved, the City of St. Martins 201
Facilities plan; and
WHEREAS, it is in the best interest of the City of Jefferson
to receive, convey and treat certain wastewater from the Grays
Creek area in accordance with the capability of the its existing
wastewater system; and
WHEREAS, the City of Jefferson is willing to undertake the
construction of certain new facilities to connect the sewer system
to be constructed by the City of St. Martins in the Grays Creek
area to the City of Jefferson's existing wastewater system at an
appropriate location designated in the 201 Facilities Plan; and
WHEREAS, the funds for local expenses of construction and
operation will ultimately be derived from fees charged users of the
system.
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NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, it is agreed by and
between the City of Jefferson and the City of St. Martins as
follows:
Section 1. Definitions
All terms which are defined herein shall have the same
meanings for all purposes of this Contract as amended and
supplemented, except where the context by clear implication
otherwise requires.
"Grays Creek Sewer System" - shall mean all of the sewer lines
including interceptor and collection system, pumping stations and
other facilities and appurtenances in the Grays Creek area owned
and operated by the City of Jefferson that discharge wastewater to
the City of Jefferson's wastewater system.
"Domestic Waste" - shall mean liquid waste (a) from the non-
commercial preparation; cooking and handling of food or (b)
containing human excrement and similar matter from the sanitary
conveniences of dwellings, commercial buildings, industrial
facilities and institutions.
"Hereby, herein, hereinabove, hereinafter, hereinbefore, hereto,
hereunder" - and any similar term referred to in this Contract and
not solely to the particular portion thereof in which such word is
used; "heretofore" shall mean before the stated date of this
Contract; and "hereinafter" shall mean after the stated date of
this Contract.
"Industrial Wastewater" - shall mean the liquid waste resulting
from the processes employed in industrial, manufacturing, trade or
business establishments, as distinct from domestic waste.
Industrial Pretreatment System shall mean any treatment plant,
device, equipment or facility used or intended to be used for the
specific treatment of industrial waste to comply with Federal,
State or Local pretreatment regulations and standards in which
other wastes may or may not be present.
"Local Project Cost" - shall mean that part of the project cost
that is not paid for by either state or federal funding.
"National Pollutant Discharge Elimination System (NPDES) " - shall
mean the program for issuing, conditioning and denying permits for
the discharge of pollutants from point sources into the navigable
waters, pursuant to Section 402 of the Federal Water Pollution
Control Act.
"Operation and Maintenance Costs" - shall mean the cost of
operation, replacement, maintenance and administration of the City
Wastewater System, including development and implementation of any
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® regulatory programs which may be required by grant conditions but
not including project costs.
"Project Cost" - shall mean all reasonable and necessary costs and
expenses incurred in designing, financing and constructing the
project, including but not limited to, costs and expense for
obtaining necessary permits, licenses, approvals and grants for
design and construction, architects' , contractors' , and engineers'
fees; the cost of labor, material, supplies and services actually
used in design and construction; fees for legal and consulting
services; property acquisition; debt service; interest on bonds or
other obligations to finance the Project Costs which shall be
credited at the time bonds are retired; and principal interest on
bonds or other obligations to pay the cost of prior improvements
of the project.
"Pretreatment" - shall mean application of physical, chemical, and
biological processes to reduce the amount of pollutants in or alter
the nature of the pollutant properties in a wastewater prior to
discharging such wastewater into the Collection System.
"Pretreatment Standards" - shall mean all applicable Federal rules
and regulations implementing Section 307 of the Act, as well as any
nonconflicting State or local standards. In cases of conflicting
standards or regulations, the more stringent thereof shall be
applied.
® "Sewage" - shall mean the same as the word "wastewater" and is used
interchangeably herein.
11201 Plan" - shall mean the document entitled 201 Facilities Plan
"User" - shall mean (any person, firm, corporation, private
utility, public utility or other entity, whether municipal or
otherwise, discharging sewage to the City of Jefferson Wastewater
System or the City of St. Martins' Sewer System.
"Wastewater" - shall mean the same as the word "sewage" and is used
interchangeably herein and has the following meaning: all liquid
or water-carried waste products from whatever source derived,
together with such ground water infiltration and surface water as
may be present, whether treated or untreated, which is discharged
into or permitted to enter the City of Jefferson Wastewater System
or the City of St. Martins' Sewer System.
"Wastewater System" - shall mean any device, facility, structure,
equipment or works owned or used by the City for the purpose of the
transmission, storage, treatment, recycling and reclamation of
industrial and domestic wastes, or necessary to recycle or reuse
water at the most economical cost over the estimated life of the
system, including outfall sewers, pumping, power and other
equipment, and their appurtenances, extensions, improvements,
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remodeling, additions and alterations thereof; and any works,
including site acquisition of the land that will be an integral
part of the treatment process or is used for ultimate disposal or
residues resulting from such treatment.
Section 2. Provision of Sewer Service
a. The City of Jefferson agrees to accept the wastewater from the
City of St. Martins area and to convey and treat same, except
as hereinafter excluded.
b. The wastewater from the City of St. Martins shall be received
by the City of Jefferson at a location indicated on the
facilities plan, hereinbefore described, and conveyed in the
City of Jefferson's heretofore existing wastewater system and
in new facilities hereinafter to be constructed, and treated
in the City of Jefferson's heretofore existing treatment plant
for discharge to the Missouri River, in accordance with the
requirements of any valid NPDFS permit in effect during the
term of this Contract.
C. The City of Jefferson agrees to accept all residential users
who desire to connect to the system within the boundaries of
the City of St. Martins. All commercial and industrial users
desiring to connect to the system shall be reviewed by the
City of Jefferson and shall be accepted provided the system
can adequately handle the additional flow and the nature of
the effluent meets all regulations and requirements. Upon
request of the City of Jefferson, due to facilities capacity
limitation, the City of St. Martins agrees to prohibit
additional connections to the City of St. Martins Sewer
System, in the same manner the City of Jefferson treats
similarly situated customers of the City of Jefferson.
d. The characteristic of the wastewater discharged to the City
of Jefferson shall be in conformity with the Ordinances and
Regulations pertaining to the use of the wastewater system of
the City of Jefferson and in accordance with all State and
Federal Laws, Rules and Regulations including the requirements
for pretreatment, whichever is the most restrictive.
Wastewater not in conformity with such Rules and Regulations
shall not be permitted to flow through the sewer system of the
City of St. Martins into the City of Jefferson's wastewater
system.
Section 3 . Construction of Facilities
a. The City of St. Martins shall construct, without cost to the
City of Jefferson, a collection and interceptor sewer system
to deliver wastewater to the interceptor to be constructed by
the City of Jefferson.
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b. The City of St. Martina shall construct such facilities as are
not out in the facilities plan which shall be designed and
constructed in accordance with the plans and specifications
reviewed and approved by the City of Jefferson. After
approval by the City of Jefferson of the completed
construction of this portion of the collection system and
interceptor, the facilities shall be operated, maintained and
repaired by the City of defforson no provided herein.
c. The City of St. Martins shall have full responsibility for the
sewer system upstream of the point at which it connects to the
City of Jefferson's interceptor line and shall assure that
they are properly operated, maintained and repaired at no cost
to the City of Jefferson. While the cost of operating and
maintaining the system shall be borne by the City of St.
Martins, it is understood the City of Jefferson will perform
or secure the actual work of operation and maintenance.
d. The City/ of Jefferson proposes to construct new facilities
consisting of an interceptor sewer to convey the wastewater
from the City of St. Martins to the existing Grays Creek
Interceptor. The City of Jefferson shall have full
responsibility for all of the facilities and shall properly
operate, maintain and repair them, except that the City of St.
Martins shall cooperate and assist in the securing of
additional grants for this construction.
e. The City of Jefferson agrees to operate, maintain and repair
the heretofore existing sewage treatment plant and to permit
the City of St. Martins to utilize the capacity of this
facility.
f. The City of Jefferson agrees to proceed promptly with the
construction and acquisition of the facilities necessary to
the performance of their obligations hereunder. The City of
Jefferson will make a diligent effort to have the facilities
to be constructed by the City of Jefferson completed so as to
furnish services to the City of St. Martins when it is ready
to discharge sewage to the City of Jefferson facilities. The
City of Jefferson shall not be liable to the City of St.
Martins for any damages occasioned by delay in the
commencement of such services to the City of St. Martins.
After service is first tendered to the City of St. Martins,
the City of Jefferson shall, subject to other terms and
conditions of the Contract, continually hold itself ready,
willing and able to supply such services to the City of St.
Martins during the term of this Contract. The City of
Jefferson agrees to include in any construction contracts
provisions to protect the City of St. Martins for delays
attributable to the contractor.
g. The City of Jefferson agrees to use its best efforts to obtain
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the necessary permits, materials, labor and supplies, and to
obtain State and Federal grants and to borrow funds and issue
revenue bonds therefor. It is expressly understood and
agreed, however, that any obligations on the part of the City
of Jefferson to complete the facilities and provide the
services to the City of St. Martins shall be conditioned upon
the following:
1. Receiving the necessary permits from the Missouri
Department of Natural Resources and the United States
Environmental Protection Agency.
2. Obtaining State and Federal EPA Grant Funds and/or sale
and delivery of bonds in an amount to assure construction
and acquisition of the additions, extensions and
improvements.
3. The ability to obtain all necessary materials, labor and
equipment necessary for completion of the facilities.
h. The City of St. Martins agrees to use its best efforts to
obtain the necessary permits, materials, labor and supplies,
and to obtain State and Federal grants and to borrow funds and
issue revenue bonds therefor. It is expressly understood and
agreed, however, that any obligations on the part of the City
of St. Martins shall be conditioned upon the following:
1. Receiving the necessary permits from the Missouri
Department of Natural Resources and the United States
Environmental Protection Agency.
2. Obtaining State and Federal EPA Grant Funds and/or sale
and delivery of bonds in an amount to assure construction
and acquisition of the additions, extensions and
improvements.
3. The ability to obtain all necessary materials, labor and
equipment necessary for completion of the facilities.
Section 4 . Charges and Rates
The City of St. Martins hereby agrees to pay to the City of
Jefferson a monthly charge for the right to utilize the City of
Jefferson wastewater system that will be used in part or in whole
by the City of St. Martins. The charge shall be as tabulated
below. This charge shall be due and payable in equal monthly
installments on the first day of each month. Billing and
collection shall be done by the City of Jefferson. In the event
formal legal action is necessary in connection with any customer
or portion of the system owned by the City of St. Martins the cost
of such litigation shall be the obligation of the City of St.
• Martine.
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Aga Commencement of service for the facilities proposed to be
constructed hereinafter by the City of Jefferson in order to
discharge the wastewater into the North Wears Creek Interceptor
under the terms of this Contract shall be the date the system is
functional and the City of Jefferson authorizes the City of St.
Martins to discharge wastewater into the facility. Charges to the
City of St. Martins shall be computed from the date of commencement
of service whether or not the City of St. Martins utilizes the City
of Jefferson wastewater system.
Schedule of Charges
The charges to the users within the corporate limits of the City
of St. Martins shall be the same as those charged residents of the
City of Jefferson plus any and all amounts necessary to retire any
bonded indebtedness and other obligations of the City of St.
Martins in connection with the facilities constructed by the City
of St. Martins.
During the life of this agreement both parties hereto agree to
enact such sewer use and user charge ordinances, acceptable to EPA,
as are necessary to carry out the terms of this agreement.
Section 5. User Charges
ASh The City of St. Martins agrees to pay the City of Jefferson in
consideration for the operation, maintenance and repair of the City
of Jefferson wastewater system and the City of St. Martins
wastewater system which will be utilized by the City of St. Martins
sewer system in accordance with the provisions of this Contract,
a sum each month consistent with the user charges paid by other
users of the City of Jefferson wastewater system. Costs include
such items as billing and collection, maintenance and repair of
collection system sewers, or any other costs associated with
services rendered to users.
Rates shall be based on consumption, debt service and operation and
maintenance. The basis for establishing the rates charged
customers shall be subject to periodic revision and change.
Revised rates shall be effective thirty (30) days from written
notification from the City of Jefferson to the City of St. Martins.
In addition to the charge based on volume, the City of St. Martins
on behalf of a customer shall pay a surcharge on wastewater which
shall have greater than normal strength of B.O.D. (biochemical
oxygen demand) and/or of S.S. (suspended solids) . Normal strength
B.O.B. shall mean . 17 lbs. per day per person and suspended solids
shall mean 0. 2 lbs. per day per person. The rates for quantities
of B.O.D. and S.S. in excess of normal sewage shall be the same as
those established by the City of Jefferson for all users of the
City of Jefferson wastewater system.
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Attachment "A" hereto sets out the initial rates to be charged
users of the City of St. Martins' system and the EPA approved rates
for the City of Jefferson.
Section 6. Other Charges
Costs incurred by the City of Jefferson in locating and eliminating
prohibited discharges to the City of St. Martins's sewer system
shall be reimbursed to the City of Jefferson by the user
responsible for such discharge. These costs shall be billed to the
user by the City of Jefferson. Such bills remaining unpaid sixty
(60) days after billing shall be paid by the City of St. Martins
to the City of Jefferson.
The City of Jefferson agrees to establish an industrial
pretreatment system and to monitor the industrial users of the City
of St. Martins's sewer system in accordance with the requirements
and regulations of the United States Environmental Protection
Agency. The cost for this shall be apportioned to the industrial
users of the City of St. Martins's sewer system to reimburse the
City of Jefferson for this cost. These charges shall be billed to
the industrial users jointly by the City of Jefferson and the City
of St. Martins. Such billing remaining unpaid sixty (60) days
after billing shall be paid by the City of St. Martins to the City
of Jefferson. In the event the City of St. Martins must so pay
Am then all collection methods set out herein shall be utilized to
obtain reimbursement from the customer, including liens and legal
action.
Section 7. Reports and Records
The City of St. Martins agrees to furnish to the City of Jefferson
copies of all information required by the United States Protection
Agency to be filed by industries having either acceptable or
unacceptable wastes to comply with the General Pretreatment
Regulations, Pretreatment Standards, NPDES permits or sludge
disposal regulations.
The City of St. Martins agrees to furnish and make available to the
City of Jefferson, any and all City of St. Martins' records,
information, plans and other data necessary for the City of
Jefferson's establishment, operation and maintenance of the
wastewater system and for the establishment of the sums to be paid
by the City of St. Martins to the City of Jefferson pursuant to the
terms and conditions of this Contract. It is understood that the
City of Jefferson will cooperate and may maintain many of these
records.
Section 8. Connection to Wastewater System
• The City of St. Martins hereby agrees that it will connect to the
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City of Jefferson's wastewater system as hereinabove described.
The date of connection will be determined according to future
project construction schedules. the City of St. Martins will be
notified of the anticipated date of beginning operation.
The City of St. Martins shall not connect the City of St. Martins
sewer system to the wastewater system to the City of Jefferson
until it is authorized to do so in writing by the City of
Jefferson.
Section 9. Expansion of City of Jefferson Facilities
If the capacity of any part of the wastewater facilities covered
by this agreement is exceeded, the City of St. Martins' and City
of Jefferson representatives shall authorize a study of the City
of St. Martins System in the Grays Creek area, to determine the
sources of present and anticipated future flows. The study shall
be completed by an entity mutually agreeable to both parties and
funded by the parties based on the portion of the facilities
involved owned by each.
The study shall also address cost-effective alternatives for the
efficient elimination, control or pretreatment of all wastewater
affecting the system. These should include but shall not be
limited to: system rehabilitation, inflows, control, in-line
equalization, water conservation measures, pretreatment,
alternative treatment locations and expansion of City of Jefferson
facilities.
Upon mutual consent of a necessity to expand City of Jefferson
facilities to accommodate additional flows from the Grays Creek
area, it is agreed that the City of Jefferson shall proceed with
the required design and construction to provide the needed capacity
in a reasonable time period. It is understood that the terms for
this expansion will provide that the City of St. Martins
participate in the total construction cost of the expanded
treatment facility (both existing heretofore plus any hereinafter
additions, extensions, or improvements) in proportion to the
capacity to be apportioned to the City of St. Martins as compared
with the total capacity of the expanded treatment plant.
Section 10. Assumption Option
It is further agreed that the City of Jefferson shall have the
right to assume from the City of St. Martins, all or any part of
the City of St. Martins's system hereinafter to be constructed
which may be located within the City of Jefferson's present or
future corporate limits. In addition the City of Jefferson shall
have the option to purchase the City of St. Martins's system at any
time during the term of this contract for the sum of one (1) dollar
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and assumption of the remaining indebtedness on the bond issue used
to construct the system. Once the City of Jefferson has assumed
the system, all the former customers of the City of St. Martins
shall be treated the same as all other similarly situated City of
Jefferson customers. Any reserve funds related to the bonds issued
shall become the property of the City of Jefferson upon assumption.
Any reserve funds related to items other than the bond issue, shall
remain the property of the City of St. Martins upon assumption,
except that they may only be expended for sewer purposes.
Section 11. Additional Customers
This contract is entered into based on certain projections and
assumptions about the customer service base. For purposes of this
contract St. Martins customers shall be defined as those residing
within the corporate limits of St. Martins as it exists on April
1, 1989. The fee charged those customers and any additional
customers within the now existing corporate limits for debt service
and costs of the City of St. Martins shall be one hundred per cent
(100%) credited to the City of St. Martins. The fees for debt
service and costs charged customers of the City of St. Martins
system but who are situated beyond the corporate boundaries as they
now exist including any additional customers shall be shared on an
equal basis (50-50) between the City of St. Martins and the City
of Jefferson.
Section 12. Term of Contract
The contract shall continue in full force and effect for twenty-
five (25) years unless terminated by mutual consent and agreement,
or unless City of Jefferson elects to fulfill its assumption option
provision contained in Section 10, or unless otherwise limited by
applicable laws in which event the contract shall automatically be
extended for like period to the maximum term permitted. Early
termination or assumption option shall be by written instrument
signed by the parties hereto.
Section 12. Modification
Except as herein provided, this Contract may be changed or modified
only upon mutual consent. Such change or modification may be
requested by either party, in which event a meeting of the
representatives of both parties shall be held within ninety (90)
days after giving them a written notice, at which meeting the
requested changes or modifications shall be considered and
discussed. Rate changes shall not be made except under the
provisions of Section 5.
The original purchaser of any bonds issued to carry out the
financing of the facilities covered in this Agreement, shall also
be notified by written notice and may, at his discretion, be
represented at any such meeting or meetings.
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represented at any such meeting or meetings.
TW Section 13. Severability
Should any part, terms or provision of this Contract be declared
illegal by the Courts or in conflict with any law, the validity of
the remaining portions or provisions shall not be affected thereby.
Section 14. Assignment
This Contract shall inure to and be binding on the successors and
assigns of the parties hereto provided that no assignment shall be
made by either party without the express consent.and approval of
the other party.
Section 15. Arbitration
In the event of a dispute on any point herein or any proposed
change or modification, with the exception of points of law, each
party hereto shall select a representative competent in the field
involved. The representatives so selected shall select a third
competent person mutually agreeable to the parties. The Board so
formed shall rule upon the merits of the disputed point and the
decision so reached by the majority of the Board shall be binding
on both parties hereto.
IN WITNESS WHEREOF, the City of Jefferson and the City of St.
Martins have caused this instrument to be executed, seals affixed
hereunto where needed, and attested or witnessed where necessary,
all as of the day and year first above written.
CITY OF JEFFERSON, MISSOURI CITY OF ST. MARTINS, MISSOURI
MA YOR
ATTEST:
City Clerk ity Clerk
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Exhibit "A"
SEWERS AND SEWAGE DISPOSAL §26-109
(b) Any user subject to a pretreatment standard after the compliance date of such pre.
treatment standard,or,in the case of a new source,after commencement of the discharge into
the POTW, shall submit to the director of public works during the months of June and
December,unless required more frequently in the pretreatment standard or by the director of
public works, a report indicating the nature and concentration of pollutants in the effluent
which are limited by such pretreatment standards. In addition, this report shall include a
record of all daily flows which during the reporting period exceeded the average daily flow
reported in the permit application. At the discretion of the director of public works and in
consideration of such factors as high or low flow rates, holidays, budget cycles, etc., the
director of public works may agree to alter the months during which the above reports are to
be submitted.
(c) The director of public works may establish mass limitations. In such cases the report
required by subsection (b) shall indicate the mass of pollutants regulated by pretreatment
standards in the effluent of the user. The report shall contain the results of sampling and
analyses of the discharge including the flow, nature and concentration, or production and
mass where requested by the director of public works,of pollutants contained therein which
are limited by the applicable pretreatment standards. Sampling shall be performed in accord-
ance with the techniques approved by the approval authority.
(Ord.No.9979, § 2(32.48.8,32-48.9),6.6-83)
® Secs. 26.103-26.107. Reserved.
ARTICLE IV.RATES AND CHARGES
DIVISION 1. GENERALLY
Sec. 26.108. General provisions.
All fees and charges payable under provision of this chapter shall be paid to the city.Such
fees and charges shall be as set forth herein.All fees and charges under the provisions of this z_
chapter are due and payable upon receipt of notice of charges. Unpaid charges shall be
delinquent and shall be subject to penalty and interest charges.
(Ord. No.9979, § 2(32.2.1(f)),6.6.83) '
Sec. 26.109. Connection charge. on,
A sewer connection charge,in an amount not to exceed three hundred dollars($300.00)or
the maximum amount established by the council,is hereby levied against any person connect-
ing, or causing to be connected, a private sewer lateral to a public sewer at any time
subsequent to January 1, 1980.A schedule of charges for such connections and the manner in
which such connections shall be made, shall be established by the rules and regulations
promulgated under the provisions of Section 26.111 of this Code.
(Code 1977, § 32.62;Ord. No.9619, 10-6.80)
Supp.No.10
1597
426.110* JEFFERSON CODE
Sec. 26.110. Disbursal of funds. l
All revenues derived from the operation of the sewerage system, as collected, shall be
deposited in the sewer revenue fund, and shall be held,handled,and disbursed in accordance
with the terms of any bond ordinance for issuance of sewage revenue bonds authorized and
issued by the city. The amount of forty-six thousand dollars ($46,000.00), which has been
calculated as the needed replacement capital to be collected annually, shall be deposited in
the operation and maintenance account as prescribed in the bond ordinance and shall be used
only for the replacement as set forth in Attachment A to Ordinance No.9647.
(Code 1977, § 32.65;•Ord.No.9519, 10.6-80;Ord.No. 9647, § 3,7-6-81)
Sec. 26.111. Rules and regulations.
The mayor, or such other city official or employee designated by the mayor, shall make
and enforce all rules and regulations as may be deemed necessary for the safe,economical and
efficient management, operation and protection of the city's treatment works, for the con-
struction-and use of private sewer laterals and connections to the sewage system, and for the
regulation and collection of charges for sewer services.
(Code 1977, § 32-64;Ord.No, 9519, 10-6-80)
Secs. 26-112-26.121. Reserved.
® DIVISION 2. SERVICE CHARGES
Sec. 26-122. Generally.
Sewer service charges are hereby levied against every residential,commercial,industrial
and governmental establishment connected to public sewers and against all such establish-
ments which are not connected to.public sewers but for which sewer service is available.
Sewer service shall be considered available if a sewer, which ultimately discharges into the
city treatment works, is within one hundred fifty (150) feet of any part of the property on
which a residential, commercial, industrial or governmental establishment exists. The pro-
ceeds of such charges so derived will be used for the purpose of operating, maintaining and
replacing the sewer system and equipment, and for the purpose of retiring the debt for the
public wastewater treatment works.
(Code 1977, § 32-53; Ord. No. 9519, 10-6.80; Ord. No. 10090, § 1(32-53), 10-31-83)
Sec. 26.123. Rates and surcharges.
(a) All residential, commercial, industrial-and governmental establishments shall be
charged for sewer service in accordance with the following rate table. The sewer service
charge shall consist of a monthly fixed minimum charge plus a charge based upon the cubic
feet of water used per month. The charges shall become effective on the dates listed in the
table,and shall be applicable through the subsequent year.The rate effective on November 1,
1986,shall be effective thereafter until changed.
Supp.Na 10
1598
A
SEWERS AND SEWAGE DISPOSAL §26-125
RATE TABLE I
'Fixed Minimum Charge Volume Charge
Effective Date Per Month Per 100 cm A
November 1, 1984 $3.07 94.51
November 1, 1985 3.20 99.51
November 1, 1986 3.33 105.54
(b) A surcharge rate is established for any wastewater discharged into the city treatment
works which contains more than three hundred(300)milligrams per liter of suspended solids,
or more than two hundred fifty (250) milligrams per liter biochemical oxygen demand as
defined and determined by analytical methods published in Standard Methods for the Exami-
nation of Water and Wastewater. Surcharges for suspended solids and BOD shall be paid at the
rates established in Rate Table II, and shall be paid in addition to the normally established
rates listed in Rate Table I.The charges shall become effective on the dates listed in the table,
and shall be applicable through the subsequent year.The rate effective on November 1, 1987,
shall be effective thereafter until changed.
RATE TABLE II
BOD Surcharge Rate SS Surcharge Rate
Effective Date Per Pound Per Pound
November 1, 1983 $0.072 - $0.13
November 1, 1984 $0.080 $0.14
November 1, 1985 $0.089 $0.155
November 1, 1986 $0.097 $0.168
November 1, 1987 $0.106 $0.185
(Code 1977, § 32-54(a); Ord. No. 9519, 10.6-80;'Ord. No. 9647, § 1, 7-6.81; Ord. No. 10090, §
1(32-54(a),(0), 10-31.83; Ord. No. 10312, § 1, 10.29.84)
Sec. 26.124. Additional charge for users outside city.
All users outside the corporate limits of the city shall be required to pay an additional '
charge for use of that part of the system which serves their respective area,and shall be triple
the fixed rate. The additional revenue derived from this charge shall be applied to the debt
service portion of the sewer budget.
(Code 1977, § 32.65(d);Ord. No.9647, § 2,7-6-81)
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Sec. 26.125. Basis for computation.
(a) Sewer service charges for residential establishments having an average monthly
water consumption for the months of January, February and March of one thousand rive
hundred(1,500)cubic feet or less shall be billed monthly for the twelve-month period begin-
ning in April of each year on the basis of said average monthly water consumption for the
immediately preceding months of January, February and March.
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§ 26.125 JEFFERSON CODE
® (b) Sewer service charges for all residential establishments having an average monthly
water consumption for the months of January, February and March of more than one thou.
sand five hundred(1,500)cubic feet and sewer service charges for all commercial or industrial
establishments and governmental establishments shall be billed monthly for the twelve.
month period beginning in April of each year on the basis of actual quantity of monthly water
consumption of such establishments.
(c) When a residential establishment is initially occupied and such establishment has no
previous record of water consumption, or if a change of occupancy occurs in a residential
establishment, the sewer service charge shall be billed monthly on the basis of the actual
monthly water consumption until such time as the rate of charges for such establishment may
be determined under the provisions of subsections(a)and(b)of this section;provided,howev-
er, that in the event the initial or new occupant of such residential establishment has
previously established a record of water consumption under the provisions of this division,the
rate of charges for such establishment may be based on such previous record until such time
as the rate of charge for such establishment may be determined under the provisions of
subsections(a)and(b)of this section.
(Code 1977, § 32.55(a)-4c);Ord.No.9519, 10-6-80)
Sec. 26.126. Measurement of water consumption.
(a) The metered water consumption records of the Capital City Water Company, or its
successor,as shown by its monthly water bills,shall be used to determine the amount of water
consumption of all residential, commercial or industrial establishments and governmental
establishments supplied with water by the Capital City Water Company,or its successor, for
the purpose of computing sewer service charges under the provisions of this division.
(b) All residential, commercial or industrial,and governmental establishments supplied
with water from sources other than the Capital City Water Company, or its successor, shall
furnish evidence satisfactory to the city, of the monthly quantity of water consumption by
such establishments from such other sources and in such cases the monthly sewer service
charges shall be based upon such evidence; otherwise the city shall estimate the monthly
water consumption of such establishments, and such computation shall constitute the basis _
for the monthly sewer service charge for such establishments.
(Code 1977, § 32-56;Ord.No.9519, 10.6-80)
Sec. 26.127. Adjustments.
When any residential,commercial or industrial,or governmental establishment,using in
excess of one thousand five hundred(1,500)cubic feet of water per month, furnishes the city
with evidence satisfactory to the city that such establishment actually discharged into the
public sewers in the preceding calendar year less than ninety(90)percent of the water used by
such establishment, the city may adjust the sewer service charges of such establishment for
the next subsequent calendar year by computing same either on the basis of water discharged
into the public sewers or by flat rate rather than on the amount of water consumption of such
establishment.
(Code 1977, § 32.57;Ord. No.9519, 10.6.80)
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SEWERS AND SEWAGE DISPOSAL 026-130
Sec. 26.128. Billing and collection procedures.
(a) All sewer service charges shall be paid to the city, or its authorized agent, at the
location or locations designated by the city.Sewer service charges shall be paid within fifteen
(15)days of the date of their billing.
(b) Every sewer service charge specified in this section remaining unpaid for forty(40)
days after the date of its billing may be increased by ten (10)per cent, and thereafter such
sewer service charge may be increased an additional ten (10) per cent for each thirty-day
period such charge remains unpaid after the expiration of forty(40)days from the date of its
. billing.' .. - .
(c) Sewer services shall be deemed to be furnished to both the occupant and owner of all
residential,commercial or industrial, and governmental establishments receiving sewer ser-
vice, and the occupant and owner of such establishments shall be severally and jointly liable
to the city for payment of the charges for such service rendered on or to premises upon which
such establishments are located.If any bill for such service is not paid within fifteen(15)days
from the date of such bill,the city may sue the occupant,the owner, or both, of the establish-
ments receiving such service,or for which such service has been made available,and receive
any sums due for such services plus a reasonable attorney's fees to be fixed by the court and
the costs of such suit. Such suit shall be instituted by the city counselor upon the order of the
mayor of the city.In addition,the city may use such other means now or hereafter available to
® it under the statutes of Missouri and the ordinances of the city to effect the collection of any
bill for sewer service remaining unpaid upon the expiration of fifteen(15)days from the date
of such bill.
(Code 1977, §§ 32-54(b), 32-58, 32-59; Ord. No. 9519, 10-6-80; Ord. No. 10090, § 1(32.54(b)),
10-31-83)
Sec. 26.129. Annual review and revision.
The city shall review annually the schedules of rates for sewer service charges,and revise
the rates, if necessary, to generate adequate revenues to pay the costs of operation and
maintenance, to promptly pay the principal of and interest on all bonds issued by the city
which by their terms are payable solely from the revenues of the treatment works, and to
maintain any special accounts created and established by the bond ordinance pursuant to
which the bonds are issued.
(Code 1977, § 32.61;Ord. No. 9519, 10-6-80;Ord.No. 10090, § 1(32.61), 10.31-83)
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Sec. 26-130. Collection agent.
The city may contract,for a stated period of time and for a stated consideration and*under
such terms and conditions agreeable to the city,with any person for the preparation,mailing
and collection,or for the mailing or collection,of bills for sewer service charges.
(Code 1977, § 32.63;Ord.No.9519, 10.6.80)
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