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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. r r1 - 1 - (t � I ' (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. -2- . 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, 3 - 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 - 4 - 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