HomeMy Public PortalAboutORD09519 yl n,
BILL NO. - AS AMENDS
INTRODUCED BY COUNCILMEN
ORDTNA.NCE N0.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING THE
CODE OF THE CITY OF JEFFERSON, 1978, REPEALING ARTICLE V,
CHAPTER 32-53 THROUGH 32-63 AND ENACTING A NEW ARTICLE V,
SECTIONS 32-53 THROUGH 32-69 , 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 , AND CONTAINING A SAVINGS CLAUSE, AND
ALSO REPEALING ORDINANCE 8506 AND 8825 .
WHEREAS, the City of Jefferson did accept various grants
from the United States Environmental Protection Agency (EPA)
for the cost of portions of the Jefferson City waste treatment
works ; and
WHEREAS , one of the conditions of the EPA grants requires
that the City of Jefferson adopt, implement, and maintain a
user charge system for the project as approved by the Regional
Administrator of the EPA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON
MISSOURI, AS FOLLOWS:
Sec. 32-53 . 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
treatment works , is within 150 feet of any part of the property
on which a residential , commercial or industrial, or governmenta
establishment exists . The proceeds of such charges so derived
will be used for the purpose of operating, maintaining and
retiring the debt for such public wastewater treatment works .
Sec. 32-54. Sewer Service Charges ; Rates . All residential
commercial or industrial an governmenta establishments shall
be charged for sewer service in accordance with the following
rates :
(A) Subject to the provisions of paragraph (B) of this
section:
Each establishment connected to public sewers shall pay a
sewer service charge of $1 .00 per month, plus 48Y per 100 cubic
feet of water usage per month.
In addition to the above charges , a surcharge shall be
levied for any wastewater discharged into the sewer system which
contains more than 300 milligrams per liter (mg/1) of suspended
solids , or 250 mg/l of biochemical oxygen demand as determined
by analytical methods published in the latest edition of
Standard Methods for the Examination of Water and Wastewater.
Charges for all suspended solids in wastewater in excess of
300 mg/1 shall be at the rate of $182 .26 per ton. Charges for
all biochemical oxygen demand in the wastewater in excess of
250 mg/l shall be at the rate of $58 . 25 per ton.
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(B) The sewer service charges specified in paragraph (A) of
I� this section shall apply only when paid within 40 days of the datel
of billing. Every sewer service charge, remaining unpaid for 40
days after the date of its billing, may be increased 10%, and
thereafter such sewer service charge may be increased an additiona
10% for each 30 day period such charge remains unpaid after the
expiration of 40 days from the date of its billing.
Sec. 32-55. Sewer Service Charges; 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 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 January, February and
March.
(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 1 ,500 cubic feet and
sewer service charges for all commercial or industrial establish-
ments 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 consump-
tion, 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 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.
(D) All users outside the corporate limits of the City of
Jefferson 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.
Sec. 32-56. 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 computing sewer service charges under the provi-
sions of Sections 32-54 and 32-55 of this ordinance.
(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 establish-
ments, and such computation shall constitute the basis for the
monthly sewer service charge for such establishments.
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. Sec. 32-57 , Sewer Service Charges; Adjustment. When any
residential , commercial o 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 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 than on the amount
of water consumption of such establishment.
Sec. 32-58. Sewer Service Charges ; Payment. All sewer
service charges sh-a-II-Fe—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.
Sec. 32-59. Sewer Service Charges ; Liability for Collec-
tion. Sewer services sEaIl be deemed to be furnished to of
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 .
Sec. 32-60 . Sewer Service Charges ; Effective Date. The
sewer service charges—imposed shall e levi-e-d so as to
take effect on November 1, 1980 .
Sec. 32-61. Sewer Service Charges ; Revision of Rates . The
City shall review annua y the schedule ot rates for sewer
service charges contained in Section 32-54 of this ordinance,
and revise the rates , if necessary, to accomplish the following:
(1) Generate adequate revenues to pay the costs of opera-
tion 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 said treatment works ,
and to maintain any special accounts created and established by
the bond ordinance pursuant to which the bonds are issued;
(2) Maintain the proportional distribution of operation,
maintenance, and replacement (OM&R) costs among users ;
(3) Apply excess revenues collected from users to the
costs of OM&R attributable to the users for the next year and
adjust the rates accordingly.
In addition, the charge based upon consumption, or usage,
shall be increased by 5. 2% for the following two budget years .
This is the estimated inflationary increase as detailed in the
Sewer Rate Study dated August, 1980.
Sec. 32-62 . Sewer Connection Charges , A sewer connection
charge, in an amount not to exceed , is hereby levied
against any person, firm, association or corporation connecting,
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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 32-64
of this ordinance.
Sec. 32-63. Sewer Service Charges ; Employment of Agent
The City may contract, fo r a stated period of time and for a
stated consideration and under such terms and conditions agree-
able 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 .
Sec. 32-64. Sewer Service Charges ; Rules and Regulations .
The Mayor, or such other C ty 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 construction and use of private sewer
laterals and connections to the sewage system, and for the
regulation and collection of charges for sewer services.
Sec. 32-65 . Dispersal of Funds . All revenues derived from
the operation of the sewerage system, as collected, shall be
® deposited in the Sewer Revenue Fund created and established, and
shall be held, handled, and dispersed in accordance with the term
of any bond ordinance for issuance of sewage revenue bonds
authorized and issued by the City.
Sec. 32-66. 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 be given effect without
such invalid part or parts .
Sec. 32-67 . Repeal Clause. Subject to the provisions of
Section 32-68 of this ordinance, Ordinance Numbered 8506, as
amended by Ordinance Number 8825 be, and the same is hereby
repealed.
Sec. 32-68 . Savin s Clause. The repeal of Ordinance
Number 8506, as amended by Or finance Number 8825 , 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, govern-
mental 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 April 1 , 1966, and ending June 30 ,
1968 , or that has failed to pay the sewer service charges pre-
scribed by Ordinance Number 8018 for all , or any part of, the
period beginning July 1, 1968 , and ending December 1 , 1972, or
that has failed to pay the sewer service charges prescribed by
Ordinance Number 8506 as amended by Ordinance Number 8825, for
all, or any part of, the period beginning December 1, 1972, and
ending March 31, 1979 . 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, Ordinance Number 8018 and Ordinance Number 8506 , as
amended by Ordinance Number 8825 which are outstanding in
favor of the City as of the effective date of this ordinance
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are hereby expressly reserved to and saved in favor of the
City for such recourses as may be provided for in said
ordinances.
Sec. 32-69 . Effective Date. This ordinance shall take
effect and be in force on Ngvgmber 1. 1980,, from and after
its passage and approval .
Passed: Approved: /0 --dp
si nt of the C c if M
ATTEST:
City C er