HomeMy Public PortalAboutORD08506 A
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BILL NO. L a
INTRODUCED BY COUNCILMAN:
ORDINANCE NO.
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, REPEALING ORDINANCE 8018 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 residential occupancy , except such building,
structure or property used or occupied 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 State of
America or of the State of Missouri , or of any municipality 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 the regulation by the City. It shall 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 residential , commercial or
industrial or governmental establishments if such sewer ultimately
discharges into any portion of the city sewerage system, even
(2)
though the sewers may not have been constructed or may not be
maintained 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, structure 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
appurtenances 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 con-
nected 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 avail-
able 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 of $2 . 00 per month , or any part
thereof in excess of fifteen days .
'.�. .•r (3)
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 . 90 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 there-
of in excess of fifteen days , plus 35¢ per 100 cubic
feet for all water per month in excess of 1500 cubic
feet and not more than 31 , 500 cubic feet , plus 30¢
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 25f per 100 cubic feet for all water per
month in excess of 151 , 500 cubic feet.
(B) The sewer service charges specified in paragraph (A)
of this section shall apply only when paid within 40 days of
the date of their billing. Every sewer service charge , re-
maining unpaid for 40 days after the day of its billing, may
be increased 100 , and thereafter such sewer service charge may
be increased an additional 10% for each 30 day period such
charge remains 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 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 Feb-
ruary 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
' (4)
twelve month period beginning in April of each year on the
basis of the 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 consump-
tion, or if a change of occupancy occurs in a residential estab-
lishment, 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 paragraphs (A) and (B) of this section;
provided however, 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 Ordinance,
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 paragraphs
(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 con-
sumption of all residential , commercial or industrial establish
ments 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 Sections
3 and 4 of this ordinance.
(B) All residential , commercial or industrial , and govern-
mental 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 .
(5)
SECTION 6. Sewer service charges ; adjustment. When any
residential , commercial or industrial , or governmental estab-
lishment, using in excess of 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 900 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.
SECTION 7. Sewer service charges ; payment. 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 15 days of the date
of their billing.
SECTION 8. Sewer service charges ; liability for, collection.
Sewer services shall be deemed to be furnished to both the occupant
and owner of all residential , commercial or industrial , and govern-
mental 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 establishment 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.
• (6)
• SECTION 9. Sewer service charges ; effective date . The
sewer service charges imposed herein shall be levied so as to
take effect on December 1 , 1972 .
SECTION 10 . Sewer service charges ; revision of rates . The
city qr..! l ' review annually the schedule of rates for sewer
service charges contained in Sections of this ordinance. If
the city finds from its review that the difference between the
annual revenue derived from such rates and the total annual cost
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 con-
nections shall be made shall be established by the rules and
regulations 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 prepara-
tion, 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 connec-
tions to the sewerage system, and for the regulation and collection
of charges for sewer services .
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 whic)- -an be given effect without such invalid
MEN
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(7)
part of parts .
SECTION 15. Repeal Clause. Subject to the provisions of
Section 16 of this ordinance, Ordinance numbered 8018 be , and
the same is hereby, repealed.
SECTION 16. Savings Clause. The repeal of Ordinance
Number 8018 shall neither be construed to be , nor constitute a
waiver, abandonment , relinquishment 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 estab-
lishment that has failed to pay the sewer service charges pre-
scribed 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 presdribed 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 pre-
scribed by Ordinance Number 7760 for all , or any part of, the
period beginning April 1, 1966 and ending June 30 , 1968 , or
that has failed to pay the sewer service charges prescribed by
Ordinance Number 8018 for all , or any part of, the period be-
ginning July 1 , 1968 and ending December 1 , 1972 . 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 ,
Ordinance Number 7760 and Ordinance Number 8018 which are out-
standing 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 .
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SECTION 17. Effective Date. This ordinance shall take
effect and be in force on December 1 , 1972 from and after its
passage and approval .
Passed: /9 Approved:
J
Press 4to t e Counci Mayo
Attest:
City le