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Home My Public Portal AboutORD07496 • BILL NO. INTRODUCED BY COUNCILMAN:___Debo_____r_`_ ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PRESCRIBING AND FIXING RATES AND CHARGES FOR THE USE OF PUBLIC SEWERS AND THE SEWER- AGE SYSTEM OF THE CITY OF JEFFERSON, MISSOURI, REQUIRING PAYMENT OF SUCH RATES AND CHARGES AND REPEALING ORDINANCES NUMBERED 7454 AND 7475. 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, 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 States of America or of the State of Missouri, or of any municipality or any county or any other political subdivision or political corporation of any kind whatsoever, (4) "Public Sewer" shall mean and include any sewer provided by or sub.- sect 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 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 Aft 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 appur- tenances for the collection, conveyance, pumping, treating and disposition of sewage and industrial wastes. (8) "Shall" is mandatory; "May" is permissive. Section 20 Sewer service char es; 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, -2- 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) Subiect 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. 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 314 per 100 cubic feet for all water per month in excess of 151, 500 cubic feet, ...3 Auk (B) The sewer service r.h v-ges 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, remaining unpaid for 40 days after the date of its billing, shall be increased 10%, and thereafter such sewer service charge shall be in- creased 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 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. (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 l ; 500 cubic feet and sewer service charges for all commercial or industrial establishments and governmental establishments shall be billed monthly on the basis of the actual amount of monthly water con- sumption 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; 4 provided however, that in the even'. the .initial. occupant of such residential estab- lishment has previously established a record of water consumption under the pro... visions 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 establish- ment may be determined under- the provisions of paragraphs (A) and (B) of this section. (D) In case of a change of occupancy of a resi.dent.ial 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 resi- dential 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. 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 com- puting sewer service charges under the provisions of Sections 3 and 4 of this ordinance. (B) All residential, commercial ox industrial, and governmental estab- lishments 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 ch.aiLges adLgstmen 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 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 establish- ment, the city may adjust the sewer service charges of such establishment for the next subsequent calendar yea.- by computing same either on the basis of water discharged into the public sewers or by flat rase rather than on the amount of water consumption of such establishment, Section 7. Sewer service charaes�payment. All sewer service charges Oshall 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: ).]ab111Lv for, collection. Sewer services shall be deemed to be furnished *o both the occupant and owner of all -6 - 1 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 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. 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 chargesi 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. • Section 144 Constitutionalily_gause! 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. Ordinances numbered 7454 and 7475 of -8, • 1 the city and all other ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed .insofar as they conflict. Section 16: Savinc ss_Clause, The repeal of ordinances numbered 7454 and 7475 shall neither be construed nor constitute a waiver, abandonment, re- linquishment or release of any claim the city may haver at the time this ordinance becomes effective, against the owner or occupant of any commercial or industrial establishment or of any residential establishment that have failed to pay sewer service charges prescribed by ordinance 7454 as amended by ordinance 7475, between the period of January 1, 1964 and March 3, 1964; and such claims are saved in favor of the city which expressly reserves to itself all rights of action and recourse thereon as is provided in Section 8 of Ordinance Number 7454. Section 17. Effective Date, This ordinance shall take effect and be in force from and after its passage and approval, Passed; � Approved President o the Cou i1 Mayor Attest: ity Clerk