HomeMy Public PortalAboutORD07454 BILL NO. 109 , A:: A _ter cIe
INTRODUCED BY COUNCILMAN ,__ �'- -°_�!�,E��_4.�i_
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, AND REQUIRII3
PAYMENT OF SUCH RATES AND CHARGES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS
Section 1 . Definitions . Unless the context specifically indicates other-
wise, 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 author-
ized representative.
(2) "Commercial or Industrial. Establishment" shall. mean any building,
structure or property used or occupied for any purpose other than human residential
occupancy.
(3) "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 residential, commercial
or industrial establishments if such sewer ultimately discharges into any portion
of the city sewerage system , even though the sewers may not have been con-
structed or may not be maintained by the city,
(4) "Residential Establishment" shall mean any building, structure or
property designed, constructed or used for human residential occupancy on
a housekeeping or light housek.eepinq basis„
(5) "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.
(6) "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.
(7) "Shall" is mandatory; "May" Is permissive.
Section 2. Sewer service charges; applicability. Sewer service charges
are hereby levied against every residential, commercial and industrial establish-
ment 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 establishment exists.
Section 3. Sewer service charges; rates. All residential, commercial
and industrial 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.
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Those establishments using over 200 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.
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, plus 49¢ per 100 cubic feet
for all.water per month in excess of 1, 500 cubic feet and not
more than 31, 500 cubic feet, plus 40� 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 . 31� 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 15 days of the date of their billing. Every
sewer service charge, remaining unpaid after the expiration of 15 days from
the date of its billing, shall be increased 10% of the amount of such charge
for each 30 day period, or any part thereof, such charge remains unpaid after
the expiration of 15 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 during the months of November and December of the
preceding year of 1, 500 cubic feet or less shall be billed monthly on the basis
of the average monthly water consumption for the months of November and Decem-
ber of the preceding year.
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(B) Sewer service charges for all residential establishments having an
average monthly water consumption during the months of November and December
of the preceding year of more than 1 ,500 cubic feet and sewer service charges
for all commercial or industrial establishments shall be billed monthly on the
basis of the actual amount 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, the sewer service
charge shall be billed monthly on the basis of the actual monthly water con-
sumption 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;
provided however, that in the event the initial occupant of such residential
establishment has previously established a record of water consumption under
the provisions of this Ordinance, the rate of charge 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) In case of a change of occupancy of a residential establishment, the
sewer service charge for the new occupant shall be the same as for the former
occupant and shall be billed monthly until such time as the new occupant's
rate of charge may be determined under the provisions of paragraphs (A) and
(B) of this section; provided however, that in the event the new occupant of
such residential establishment has previously established a record of water
consumption under the provisions of this Ordinance, the rate of charge for
such establishment may be based on such previous record until such time as
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the rate of charge for such establishment may be determined under the pro-
visions 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 consumption of all residential, commercial
and industrial 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 and industrial 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.
Section 6. Sewer service charges; adjustment. When any residential,
commercial or industrial establishment, 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 pre-
ceding 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
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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 and industrial 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 ren-
dered 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 re-
ceiving such service, or for which such service has been made available, and
receive any sums due for such services plus a reasonable attorney's fee to be
® fixed by the court and the costs of such suit. . Such suits 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.
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Section 9. Sewer service charges; effective date. The sewer service
charges shall be levied so as to take effect on January 1 , 1964.
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 annual cost
of providing sewerage service is sufficient to justify an increase 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 pro-
mulgated 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
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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.
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 be given
effect without such invalid part or parts.
Section 15. .Repeal Clause. All ordinances, or parts of ordinances,
in.conflict with this ordinance are hereby repealed insofar as they conflict.
Section 16. Effective Date. This ordinance .shall take effect and be in
force from and after its passage and.approval.
Passed: /a���/L.3 Approved: i�1i7/�,.3
.Preklaent,oft the.Council Mayor
Attest:
ity Clerk
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AGtRE N' E 'NYT
Ti:--,S .:GREE;fiE\`T made as o-f the lst- d-:y of January, 1°64, between THE
CITY Or JEFFERSON, a municipal corporation, located in Cole County, State of
Missouri (herein called "City"), and CAPITAL CITY WATER COMPANY, a Missouri
corporation (herein called "Company"), W:TNESSETH:
WFERE.zkS, City ::as by Ordinance No. 71154, duly enacted by the City
® Council of the City of Jefferson on.the 16th day of December, 1963, and approved
by its Mayor on the 17th day of December, 1963, levied and assessed certain
rates and charges for the use of public sewers and the sewerage system of City
(herein called 11Seiver Service Charges"), and said sewer service charges are to
be determined on the basis .of water consumption as set forth in said Ordinance; and
WHERE..S, C;-,y has requested Company to bill and receive payment for
said sewer service charges, and to remit such payments to City; and
` WHEREAS; Company is willing to bill and receive payment for said sever
service crt,:.rcj;ls and to rem:.t said payments to City, subject to t e terms and pro-
visions hereinafter SI forth;
lvOW, THE'REPORE, 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 Company as City's sole agent to bill and
receive payment for all sewer service charges as provided for in Ordinance No. 745 4
of the City of Jefferson, Missouri, duly enacted by the City Council of said City on
the 16th day of December, 1963, and approvt�d by the Mayor of said City on the 17th
•1;lii.
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day of December, 1963, and c.11 amendme.,ts thereto, and Company does hereby
accept said employment frog:. City,
2. City, 4t its sole cost and expanse, shall provide, install and maintain
a billing machine which is sati;;:actory to Company and is designed to bill and
aralyze 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 Com-
pany. City shall not remove said billing machine from Company's 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
Company with respect to the'performance of Company's obligations 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 Company, and
decisions upon which Company may fully rely,
4. Commencing in January of the year 1964, .Company shall render
monthly bills for sewer service charges to all "residential, commercial, and
industrial establishments" as defined'in said Ordinance No. 7454, In every
instance in Which such "establishment" is a customer of Company said sewer
service charges 'shall be billed as a separate- item on the water bill rendered by
Company to its customer,. On or before the 25th day of each month commencing
i
January 25, 1964, City shall furnish Company with a complete list of all
residential, commercial and industrial establishments as defined in said
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• • • 1•I II•Y ,1•I II•T •.1'
Aft
Ord]lnancc \o. 74,54 who are r+ot Cu:?tG:;1G'.'s of Co.nnpany, together with the sewer
service C h�rge to b3 billed to each SUGh e:tr blish lent and t;:e period for which
such c large shall be bille" . Co:r.pan,, s Lll 'bill such charges in accordance
with such directions received from Citv, Company Shall Nave no obligations
whatsoever to render bills to any residential, .commercial and industrial estab-
lish:-.,.eats as defined in said Ordinance \o. 7454 other than (1) those who are
CGStO+ leTS Of Company, and (2) those who are not customers but whose names
are' set forth in the appropriate written list sub:pitted by City to Company Os
aforesaid. In all instances in which Company sh G11 be in doubt w AA respect to
the applicability and/or deter nination Of Se:^.'er SeT'V1Ce C argeS, Such matters
shall be referred -o City w':ich shall determine the same and shall transmit such
determinations in writing to Company. Cornpa ny thereafter shall render all
applicable sewer Service bills in accordance with such determinations . In every
instancy in which City shall adjust the sewer service charge applicable to a '
given establishment, City shall notify Company thereof in writing and Company
S•-all thereafter render bills for sewer service charges to such establishment in
accordance with said deter mindtion.
® 5. Sewer service charges small be billed by Company incompliance
with the terms and provisions of said Ordinance No. 7454, as amended, and
the rules and regulations pro nulgated thereunder. •in .he event that City shall
`t 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 Company, City shall not make
u uu� .l u�l• ,
•• 1'1 ll•T �l 1.1.1 „
s.;ch c hangLs effective sooner than 30 days from and after the date upon which
'notice thereof shall have 1' �'':; rc y City to Company.
.%%ii GU l�..c.G fi'
City ac'reos -that suc., adjuS'.^:e::.. , if any, to billings for over or under
regf�:ration w water meters as Cornlpany Slia:i dezeImi ne s.:o'ald be made for the"
r..:'pose of billing for water Service shall likewise be mace for the purpose of
billing sevier service charges.
Nothing in This Agreement shall be construed to limit in any way the
Company's right to discontinue its service to any of its customers at any time in
® order to enal--le the Company to O n once its own rules and regulations relative to
water service or to enforce payment of water bills due and Owing to the Company,
and the Company shall incur no liability whatsoever to City as the result of any
loss c sewer service charges resulting therefrom. Nothing in. this Agreement
contained s`:all be construed as obligating the Company to discontinue water
service at any establishment because of the non-payment by such establishment
of sewer service charges.
o. Monthly bills rendered by Company for sewer service charges shall
,-.e due and payable at Company's of_ices at the same time that Company's monthly
water bills are 6-4e and payable. Company shall on or before the 15th day of each
calendar :non:":, commencing on February 15, 19064, deposit with the Treasurer of
City all payments of sewer ervice charges collected by Company during the pre-
ceding calendar month. The Company shall also deliver to the City Clerk during
the months of January, April, July and October of each year, commencing in April,
1961-2, a list of all establishments whic� have failed to pay sewer'service charges
.. Y11111 ItI 11f1. • 1 i.
. •111'Y� 111•. ..i '
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Zl- ?i:C3 an OL:a O: ca- ch such CCt�bli5hnn^:it s delinquency according to t o boors
end rCCOrCs of Colnlpany. Co,,--.- nV ug.rei ti.ut ic 4..11 properly uCCOUnt for and
trans-nit to City a!I fur.ds coilcc:ee by Cor an;+ for Cit;•i. ComPar..i fu:: er u;rc-cs
filar it will On the ceffcective date Of
this 1:tjrC%:,,enZ file with the City a f:dGlity
Jo:id in the oenai Sum Of $ ''O, 000• N coon ter si,g ned by ci surety CG:Gpuny
satis-factory to the City, wi.ich Shall indeni nift City any loss Sustained
by reaSOnof the failure of Company to turn over to City all Sums of mon£e,.+ col-
lected by Company and due to City under the terms of this Agreement. All prern-
® iums for such fidelity bond shall be. pair. by City,
7. Company's liability under the terms and provisions of this Agreement
shall be li,:,ited solely and e.xclusivaly to any loss Sustained by reason Of COm-
panv'S failure to accou-nt fOr c-.:nd transmit to City all payments made to Company
or account Of Sewer service chcrg.as. in considie.atio n of Company's agreement
to perfor.n L}le dutios and rosponsibiiit es imposed upon it Iny this Agreement+ City
does hereby release and forever discharge Company Of and from any and all clairns+
demards, dLmages, actions;, causes o: action, Or suits at 1c.w or in equity, o:
+
whazsoove., mind or nature, wh ch City now has Or may herZa:Ler have agLinst
Coin -oany on. account of any action whatz-oaver either taken or failed to .;a taken
by Company in the pc;rfonnance O1 Company's duties and obligations u ndLr th-JS
Arrocnnent, except for Con-,pany's c'L.Iigazion t0 account for and trarsmit LO City
all pay^ an:s of sewer service charges received by Connpany. As further cons-
id-erasion for Company agreeing to bill and receive payments for sewer service
C:Ily r_nc. acrce.-,
an"' vgainzz z.-.y and G1i :�ctlonr,
oz dc.-,I a go Or L'XPC,,--C Of
n C,a 1, z;*,-. dc '.
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1<:nd L-ci na,�u.-e, ut-,crncy's :Oes %v- c- Cornpany shall Cr
co
uence o., any
m a V a Z n y -,i"n 0 s u S-L 0,"n, O: incur rczson O.� or n s e C:
act o. the Company or any alleged failur_- to ac: by the Coinpany in the perfon—,ance
of Com,.Iany's duties and ob:JLca:.Jons the terms of this Agreement, except
for Company's obligation to account for and -.ransmit to City all payments of sewer
se.-Vice CharCes received Company. It is•agread by and between the parties
hereto that Company shall have no ob.1.1c,-azion to enforce collection c-' delincuent
sewer service charges, and that it S-all be :he so-16 and exclusive obligation of
City, zh:-oL.,c
;h its duly auz.`orized Officers and agents, to. en-force collection of
said del'in.Z.7uenz se%tita: service charges, provided 11o ✓ever, the. Company shall
furnish all necessary information _':-om -"Is reco:ds that may be required..by City to
enforce collection of said dGlincL.en t sewer service charges
S. 1- Consideration of Company's rendering bills for and receiving
payments of sewer service charges, and :.-an.-mifting to City such sewer service
payments ac: lists of esz----lishmen's which are delinquent in the payment of tneir
sewer service char es, City shall pay Company the sum of 10� per bill for each
and ever% bill rer
dered by Co-.np-,nv on which a sewer service charge is set forth.
7n. the event thla-. City reques!.-s Con,.pany to render any service other than one of
:hose here-inbefore set forth in this paragraph 'No. 8, such as, but not limited to,
:+i... data to UocC, for BGjU:i , c.nU/Gr COliCCtiO.. G. •
5Lv' SCrV1CC CharceS, scnding GUt CL::n!ucmcy ot1CeS On City's forms, Or
,na.�:::C� r�'_Ciassi..c:utions of aCCO'wn�S �'J.'c' znU r�Guircd i0 V f aGe Us feSUlt
C. (a) Spec:.cil i ns"Fuc.ion S fzC0iVC.,`"y Company from City or (b) amen mnents
Made by City to slid Ordinance No. 745- , Or (C) chan g'es in rUles and regU-
1a:,ons promulCCaiea Under said Qfcin ancer Company shall rends: S,;c- additional
Service to City and shall i7L{t.' a .:eparL e charge lherc.for. Such L%.C.Llonal
C':arge SI i 11 be reasonably related to the cost Of providing the Service. On cr
.^.e=ore the 15th day Gi each Cale:Cur month, com :enc g with ebrtiarV 15, 1964,
C.o,mpa' y S.':all compute the total SL'm due it for•services rendered by it during
the precac.ing calendar rnon-zh. ."he a:iourt So computed shall be ded•Uctr4d from
the collections of sewer Service C.argges .ade by the Company during the pre-
cedi-g month. At the same time t:^.at each rno::thly deposit of sewer service
C arg-- colleCtio c:,,, L is made, Cor oZny shall fUrniSh the City Treasurer Witl: ari
.,
,writ s a n s payment ;t
accounting i:g for ribs- u::� 4eci:;c.L:c, :off � a �o.�lpe .y a p�, fbr its 'services
.. -r er Gi under - iS th e preceding calendar m r
t%.
9. it is understood Lnci agreed by the parties hereto that the charge
® i 1 i -�� a referred i reasonably r r r
c= G� per bill here_rbe o.e refer_ed to s _ elated to the cos: o_ pe.-
fOrmir:g the Services for which the charge is made. In the event that Said charge
of 10�' per bill shall aecorae jnadQquwe c" excessive, t.hcn the Parties ;hereto
shall n,utuFa);., atree upon an ::Cj::S' :'::`_ o" such Charge as S:.L. be appropriate
to cause such Charge to :•e re sonGb:.y reiz'cd to Lhe cost of :oviding the ser-
vices for which such charge :s mace.
10. The term of :.his greem-ent shall. be for five (5) years, commencing
on the Ist day of January, 19.6.11, and te:min�ting on the 31st day of December,
1968. City shall have the tight to terminate this Agreement, eff-ective on the
1st day of any calendar month, provided t;,at City shall have giver .written notice
to Company of City's intention to dance_ said greement at least 60 days prior
to the effective Cate of such c,:icellation. in the event of the sale of all cT
subs t ntiaiiy till of the p-'cperties of Comp rJ, or the sale of 50% or more of
the cap-ital stock o: Company, for the period of 120 days from and after the date
G_ said Scl.e, C�on:Upny stall liaVe he rig:lt to terminate this Ag-cement e'L-- ive
as of the AirSt day Of any Calendar 1Tlon:l? .wi.! i:l said 120 day peTlOd, provided
Company shal have delivered to City in writing; -a notice of Company`.s aetermin...
ation to cancel this P.;_e.:ment at least 60 -days prior to the effective date of
such cance.11a_iGn.
® This ree.:e i _ r - „ ;
__. r,g _n s o rc._ng uper. t..e part_es re_eto anQ upon they.
respective successors and assigns.
nl•t ut1 ; .
1N WITNESS W'z 71- 0J'; the parties hereto have executed
the foregoing instrument as o-- zhe lst day o:. January, 196-:1.
CITY o: YEEF-R-c N
ATT:.ST:
BY
City Clerk� ✓ Mayo:
h.'s Agreement when approved by the Council of the,City of
' Jefferson, is approved as to form and legality.
City Attorney
CAPITAL CITY VtiAyiLi COMPA\Y
TTE"S
P-esident .
`: Assistant Secretary