HomeMy Public PortalAboutORD08018 r.
BILL NO. /U
INTRODUCED BY COUNCILMAN: !11 r! L
ORDINANCE N0. 9011
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,PRESCRIBING AND FIXING RATES
AND CHARGES FOR THE USE OF PUBLIC SEWERS AND THE SEWERAGE SYSTEM OF THE CITY
OF JEFFERSON, MISSOURI, REQUIRING PAYMENT OF SUCH RATES AND CHARGES, REPEAL-
ING ORDINANCE 7760 AND CONTAINING A SAVINGS CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Definitions. Unless the context specifically indicates
otherwise, the meaning of the following terms, when used in this ordinance,
shall be as follows:
(1) "City" shall mean the City of Jefferson, Missouri, or its duly
authorized representative.
(2) "Commercial or Industrial Establishment" shall mean any building,
structure or property used or occupied for any purpose other than human resi-
dential occupancy, except such building, structure or property used or occu-
pied for any purpose defined in the term "Governmental Establishment".
(3) "Governmental Establishment" shall mean any building, structure
or property owned, used or occupied by any agency, branch, bureau, commission,
department, division, office, unit or instrumentality of the Government of
the United States of America or of the State of Missouri, or of any munici-
pality or any county or any other political subdivision or political corpora-
tion of any kind whatsoever.
(4) "Public Sewer" shall mean and include any sewer provided by or
subject to regulation by the City. It shall include all sewers within or
outside the corporate boundaries of the city that serve one or more resi-
dential, commercial or industrial or governmental establishments if such
sewer ultimately discharges into any portion of the city sewerage system,
• a
Agh
• even though the sewers may not have been constructed or may not be main-
tained by the city.
(5) "Residential Establishment" shall mean any building, structure
or property designed, constructed or used for human residential occupancy
on a housekeeping or light housekeeping basis, except such building, struc-
ture or property used or occupied for any purpose defined in the term
"Governmental Establishment".
(6) "Sewer" shall mean a pipe or conduit used for the conveyance of
sewage or any other waste liquids, including storm, surface and ground water
drainage.
(7). "Sewerage System" shall mean the system of sewers and all appur-
tenances for the collection, conveyance, pumping, treating and disposition
of sewage and industrial wastes.
(8) "Shall" is mandatory; "May" is permissive.
Section 2. Sewer service charges; applicability. Sewer service
charges are hereby levied against every residential, commercial or industrial,
and governmental establishment connected to public sewers and against all such
establishments 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 sewerage system, is within
150 feet of any part of the property on which a residential, commercial. or
industrial, or governmental establishment exists.
Section 3. Sewer service charges; rates. All residential, commercial
or industrial and governmental establishments shall be charged for sewer
service in accordance with the following rates:
(A) Subject to the provisions of paragraph (B) of this section:
Those establishments using from 0 to 200 cubic feet of
water per month shall pay a minimum sewer service charge
2
of $2.00 per month, or any part thereof in excess of fifteen
` days.
Those establishments using over 200 cubic feet and not
more than 600 cubic feet of water per month shall pay a sewer
service charge of $2.80 per month, or any part thereof in
excess of fifteen days.
Those establishments using over 600 cubic feet and not
more than 1500 cubic feet of water per month shall pay a
sewer service charge of $3.50 per month, or any part thereof
in excess of fifteen days.
Those establishments using in excess of 1500 cubic feet
of water per month shall pay a sewer service charge of $3.50
per month, or any part thereof in excess of fifteen days, plus
354 per 100 cubic feet for all water per month in excess of
1500 cubic feet and not more than 31,500 cubic feet, plus 30q%
per 100 cubic feet for all water per month in excess of 31,500
cubic feet and not more than 151,500 cubic feet, plus 25G per
100 cubic feet for all water per month in excess of 151,500
cubic feet.
(g) The sewer service charges specified in paragraph (A) of this sec-
tion shall apply only when paid within 40 days of the date of their billing.
Every sewer service charge, remaining unpaid for 40 days after the date of
its billing, shall be increased 10X9 and thereafter such sewer service charge
shall be increased an additional 10% for each 30 day period such charge re-
mains unpaid after the expiration of 40 days from the date of its billing.
Section 4. Sewer service charges; basis for computation.
(A) Sewer service charges for residential establishments having an
average monthly water consumption for the months of February and March of
3
c
5
1,500 cubic feet or less shall be billed monthly for the twelve month period
beginning in April of each year on the basis of said average monthly water
consumption for the immediately preceding months of February and March.
(B) Sewer service charges for all residential establishments having
an average monthly water consumption for the months of February and March of
more than 1500 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 the actual quantity of monthly water consumption of such establish-
ments.
Ask VP
(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 deter-
mined under the provisions of paragraphs (A) and (B) of this section; pro-
vided however, that in the event the initial or new occupant of such resi-
dential establishment has previously established a record of water consumption
under the provisions of this Ordinance, the rate of charges for such estab-
lishment 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 para-
graphs (A) and (B) of this section.
Section 5. Sewer service charges; 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
4
Iffm
computing sewer service charges under the provisions of Sections 3 and 4
of this ordinance.
(B) The metered water consumption records of the Cole County
Public Water. Supply District No. 1, a municipal corporation, or its suc-
cessor, 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
Cole County Water Supply District No. 1, a municipal corporation, or its
successor, for the purpose of computing sewer service charges under the
provisions of Sections 3 and 4 of this ordinance.
(C) All residential, commercial or industrial, and governmental
establishments supplied with water from sources other than the Capital City
Water Company, or its successor, and Cole County Water Supply District No.
1, a municipal corporation, or its successor, shall furnish evidence satis-
factory 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.
Section 6. Sewer service charges; adiustment. When any residential,
commercial or industrial, or governmental establishment, using in excess of
1,500 cubic feet of water per month, furnishes the city with evidence satis-
factory to the city that such establishment actually discharged into the
public sewers in the preceding calendar year less than 90% 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
5
IN
than on the amount of water consumption of such establishment.
Section 7. Sewer service charges; payment. All sewer service charges
O
;r shall be paid to the city, or its authorized agent, at the location or loca-
tions, designated by the city. Sewer service charges shall be paid within 15
days of the date of their billing.
Section 8. Sewer service charges; liability for, collection. Sewer
serv3.ces .shAll be deemed to be furnished to both the occupant and owner of
all residential, commercial or industrial, and governmental establishments
receiving sewer service, 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 15 days from
the date of such bill, the city may sue the occupant, the owner, or both,
of the establishments 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 Attorney 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 15 days from the date of such bill.
Section 9. . Sewer service charges_; effective date. The sewer service
charges imposed herein shall be levied so as to take effect on July 1, 1968.
Section 10. Sewer service charges; revision of rates. The city shall
review annually the schedule of rates for sewer service charges contained in
Section 3 of this ordinance. If the city finds from its review that the
difference between the annual revenue derived from such rates and the total
6
NW annual cos
� t of providing sewerage service is sufficient to justify an in-
crease or decrease in the rates, the city shall revise the schedule of rates
accordingly.
' Section 11. Sewer connection charges. A sewer connection charge,
in an amount not to exceed $150.00, is hereby levied against any person,
firm, association or corporation connecting, or causing to be connected, a
private sewer lateral to a public sewer at any time subsequent to January 1,
1967. A schedule of charges for such connections and the manner in .which
such connections shall be made shall be established by the rules and regula-
tions promulgated under the provisions of Section 13 of this ordinance.
Section 12. Sewer service charges; employment of 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, firm,
or corporation for the preparation, mailing and collection, or for the mailing
or collection, of bills for sewer service charges.
Section 13. Sewer service charges; 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 sewerage system, for the construction and use of private sewer laterals
and connections to the sewerage system, and for the regulation and collection
of charges for sewer services.
r.f
#' Section 14. Constitutionality Clause. The invalidity of any section,
paragraph, subparagraph, sentence, clause or other part of this ordinance
shall not affect the validity of any other part of this ordinance which can
t be given effect without such invalid part or parts.
Section 15. Repeal Clause. Subject to the provisions of Section 16 of
this ordinance, Ordinance numbered 7760 be, and the same is hereby, repealed.
7
Section 16. Savings Clause. The repeal of Ordinance Number 7760
shall neither be construed to be, nor constitute a waiver, abandonment, re-
linquishment or release of any claim the city may have at the time this
ordinance becomes effective against any owner or occupant of any commercial
or industrial establishment, governmental establishment, or residential
establishment that has failed to pay the sewer service charges prescribed
by Ordinance Number 7454, as amended by Ordinance Number 7475, for all, or
any part of, the period beginning January 1, 1964 and ending March 3, 1964,
or that has failed to pay the sewer service charges prescribed by Ordinance
Number 7496 for all, or any part of, the period beginning March 3, 1964 and
ending December 31, 1964, or that has failed to pay the sewer service charges
prescribed by Ordinance Number 7579 for all, or any part of, the period
beginning January 1, 1965 and ending March 31, 1966, or that has failed to
pay the sewer service charges prescribed by Ordinance Number 7760 for all,
or any part of, the period beginning April 1, 1966 and ending June 30, 1968.
All claims, actions and causes of action for unpaid sewer service charges
under the terms of Ordinance Number 7454, as amended by Ordinance Number
7475, Ordinance Number 7496, Ordinance Number 7579 and Ordinance Number 7760
which are outstanding in favor of the city as of the effective date of
this ordinance are hereby expressly reserved to and saved in favor of the
city for such recourses as may be provided for in said ordinances.
Section 17.- Effective Date. This ordinance shall take effect and be
in force on July 1, 1968 from and after its passage and approval.
Passed: Approved: Grp
resident o t e Ca ii Mayo
Attest:
City Clerk
8
A G R E E M E N T
THIS AGREEMENT made as of the 1st day of July, 1968, between THE
CITY OF JEFFERSON, a municipal corporation, located in Cole County, State
of Missouri (herein called "City") , and COLE COUNTY PUBLIC WATER SUPPLY
DISTRICT NO. 1, a Missouri municipal corporation (herein called "Water
District"), WITNESSETH:
WHEREAS, City has by Ordinance No. , duly enacted by the City
Council of the City of Jefferson on the day of
and approved by its Mayor on the day of , , levied
and assessed certain rates and charges for the use of public sewers and the
sewerage system of City (herein called "Sewer Service Charges"), and said
sewer service charges are to be determined on the basis of water consumption
as set forth in said Ordinance; and
WHEREAS, City has requested Water District to bill and receive payment
for said sewer service charges, and to remit such payments to City; and
WHEREAS, Water District is willing to bill and receive payment for
said sewer service charges and to remit said payments to City, subject to
the terms and provisions hereinafter set forth;
NOW, THEREFORE, in consideration of the premises, and of the mutual
covenants and agreements hereinafter contained, it is agreed by and between
the parties hereto as follows:
1. City does hereby employ Water District as City's agent to bill
and receive payment for all sewer service charges as provided for in Ordinance
No. of the City of Jefferson, Missouri, duly enacted by the City Coun-
cil of said City on the day of and approved by the
Mayor of said City on the day of , and all amend-
ments thereto, and Water District does hereby accept said employment from City.
r
i
1 .
T, 2. City, at its sole cost and expense, shall provide, install and
maintain a billing machine which is satisfactory to Water District and is
designed to bill and analyze more than one commodity on the same bill. So
long as this Agreement is in effect said billing machine shall be located
and used at the office of the Water District. City shall not remove said
billing machine from Water District premises for a period of 60 days from
and after the date upon which this Agreement terminates.
3. City does hereby designate and appoint its Director of Public
Works and/or its City Engineer as City's representative to whom all inquiries
from Water District with respect to the performance of Water District obli-
gations under this Agreement shall be referred, and the decisions of the
said Director of Public Works and/or City Engineer shall be final, binding
upon the Water District and decisions upon which the Water District may
fully rely.
4. Commencing in of the year , Water District shall
render monthly bills for sewer service charges to all "residential, commer-
cial, and industrial establishments' as defined in said Ordinance No.
In every instance in which such "establishment" is a customer of Water Dis-
trict said sewer service charges shall be billed as a separate item on the
water bill rendered by Water District to its customer. On or before the
25th day of each month commencing in , 1968, City shall
furnish Water District with a list of all residential, commercial and indus-
trial establishments as defined in said Ordinance No. who are not cus-
tomers of Water District together with the sewer service charge to be billed
to each such establishment and the period for which such charge shall be
billed. Water District shall bill such charges in accordance with such direc-
tions received from City. Water District shall have no obligation whatsoever
2
' to render bills to any residential, commercial and industrial establish-
ments as defined in said Ordinance No. other than (1) those who are
customers of Water District, and (2) those who are not customers but whose
names are set forth in the appropriate written list submitted by City to
Water District as aforesaid. In all instances in which Water District
shall be in doubt with respect to the applicability and/or determination
r
of sewer service charges, such matters shall be referred to City which shall
Ste^ determine the same and shall transmit such determinations in writing to
Water District. Water District thereafter shall render all applicable sewer
service bills in accordance with such determinations. In every instance in
which City shall adjust the sewer service charge applicable to a given estab-
lishment, City shall notify Water District thereof in writing and Water
District shall thereafter render bills for sewer service charges to such
establishment in accordance with said determination.
5. Sewer service charges shall be billed by Water District in com-
pliance with the terms and provisions of said Ordinance No„ , as amended,
and the rules and regulations promulgated thereunder. In the event that
City shall at any time, or from time to time, in the future make any change
in the rate schedule of sewer service charges to be billed by Water District,
City shall not make such changes effective sooner than 30 days from and after
the date upon which written notice thereof shall have been delivered by City
to Water District.
City agrees that such adjustments, if any, to billings for over or
under registration of water meters as Water District shall determine should
be made for the purpose of billing for water service shall likewise be made
for the purpose of billing sewer service charges.
Nothing in this Agreement shall be construed to limit in any way the
3
Water District's rights to discontinue its service to any of its customers
at any time in order to enable the Water District to enforce its own rules
�f and regulations relative to water service or to enforce payment of water
47"
4'
bills due and owing to the Water District and the Water District shall in-
cur no liability whatsoever to City as the result of any loss of sewer
service charges resulting therefrom. Nothing in this Agreement contained
shall be construed as obligating the Water District to discontinue: water
service at any establishment because of the non-payment by such establish-
ment of sewer service charges.
6. Monthly bills rendered by Water District for sewer service charges
shall be due and payable at Water District's offices at the same time that
Water District's monthly water bills are due and payable. Water District
shall on or before the 15th day of each calendar month, commencing on the
15th day of 1968, deposit with the Treasurer of City all
payments of sewer service charges collected by Water District during the pre-
ceding calendar month. The Water District shall also deliver to the City
Clerk during the months of January, April, July and October of each year,
commencing in October, , a list of all establishments which have
failed to pay sewer service charges and the amount of each such establish-
ment's delinquency according to the books and records of Water District.
ieWater District agrees that it will properly account for and transmit to City
all funds collected by Water District for City. Water District further
agrees that it will on the effective date of this Agreement file with the
City a fidelity bond in the penal sum of $ , countersigned by a
surety company satisfactory to the City, which shall indemnify City against
any loss sustained by reason of the failure of Water District to turn over
to City all sums of money collected by Water District and due to City under
4
I
N
the terms of this Agreement. All premiums for such fidelity bond shall be
paid by City.
7. Water District's liability under the terms and provisions of
this Agreement shall be limited solely and exclusively to any loss sustained
by reason of Water District's failure to account for and transmit to City
all payments made to Water District on account of sewer service charges.
In consideration of Water District's agreement to perform the duties and re--
sponsibilities imposed upon it by this Agreement, City does hereby release
and forever discharge Water District of and from any and all claims, demands,
damages, actions, causes of action, or suits at law or in equity, of whatso-
ever kind or nature, which City now has or may hereafter have against Water
District on account of any action whatsoever either taken or failed to be
taken by Water District in the performance of Water District's duties and
obligations under this Agreement, except for Water District's obligation to
account for and transmit to City all payments of sewer service charges
received by Water District. As further consideration for Water District
agreeing to bill and receive payments for sewer service charges as provided
in this Agreement, City hereby covenants and agrees that it will. indemnify
and save harmless Water District from and against any and all actions or
causes of action, claims, demands, liabilities, loss, damage or expense of
whatsoever kind and nature, including attorney's fees which Water District
shall or may at any time sustain or incur by reason of or in consequence of
any alleged act of the Water District or any alleged failure to act by the
Water District in the performance of Water District's duties and obligations
under the terms of this Agreement, except for Water District's obligation to
` account for and transmit to City all payments of sewer service charges re-
ceived by Water District. It is agreed by and between the parties hereto
that Water District shall have no obligation to enforce collection of delin-
5
quent sewer service charges, and that it shall be the sole and exclusive
obligation of City, through its duly authorized officers and agents, to en-
{ force collection of said delinquent sewer service charges, provided however,
.v
the Water District shall furnish all necessary information from its records
that may be required by City to enforce collection of said delinquent sewer
service charges.
8. In consideration of Water District's rendering bills for and re-
ceiving payments of sewer service charges, and transmitting to City such
sewer service payments and list of establishments which are delinquent in the
payment of their sewer service charges, City shall pay Water District the sum
of per bill for each and every bill rendered by Water District on which
a sewer service charge is set forth. In the event that City requests Water
District to render any service other than one of those hereinbefore set forth
in this paragraph No. 8, such as, but not limited to, providing City with
data to be used for the adjustment and/or collection of sewer service charges,
sending out delinquency notices on City's forms, or making reclassification
of accounts which are required to be made as a result of (a) special instruc-
tions received by Water District from City, or (b) amendments made by City to
said Ordinance No. , or (c) changes in rules and regulations promulgated
under said Ordinance, Water District shall render such additional service to
City and shall make a separate charge therefor. Such additional charge shall
be reasonably related to the cost of providing the service. On or before the
1:
15th day of each calendar month, commencing with 15, ,
Water District shall compute the total sum due it for services rendered .it
during the preceding calendar month. The amount so computed shall be deducted
from the collections of sewer service charges made by the Water District
during the preceding month. At the same time that each monthly deposit of
sewer service charge collections is made, Water District shall furnish the City
6
V•
Treasurer with an accounting for the sum deducted by the Water District as
payment for its services rendered under this Agreement during the preceding
calendar month.
9. It is understood and agreed by the parties hereto that the charge
of per bill hereinbefore referred to is reasonably related to the cost
of performing the services for which the charge is made. In the event that
said charge of per bill shall become inadequate or excessive, then
the parties hereto shall mutually agree upon an adjustment of such charge as
shall be appropriate to cause such charge to be reasonably related to the
cost of providing the services for which such charge is made.
10. The term of this Agreement shall be for nears,
commencing on the 1st day of �, and terminating on
the day of , City shall have the right to
terminate this Agreement, effective on the 1st day of any calendar month,
provided that City shall have given written notice to Water District of
City's .intention to cancel said Agreement at least 60 days prior to the
effective date of such cancellation. In the event of the sale of all or sub-
stantially all of the properties of Water District for the period of 120 days
from and after the date of said sale, the Water District shall have the right
to terminate this Agreement effective as of the first day of any calendar
month within said 120 day period, provided Water District shall have delivered
to City in writing, notice of Water District's determination to cancel this
Agreement at least 60 days prior to the effective date of such cancellation.
11. This Agreement is binding upon the parties hereto and upon their
respective successors and assigns.
7
•a
�7
IN WITNESS WHEREOF, .the parties hereto have executed the foregoing
:.''. instrument as of the day of ,
CITY OF JEFFERSON
ATTEST:
.: BY
< _ City Clerk Mayor
This Agreement when approved by the Council of the City of
_.. Jefferson, is approved as to form and regality.
City.Attorney
COLE COUNTY PUBLIC WATER SUPPLY
ATTEST: DISTRICT NO 1
(By) (By) w
Secretary President
8