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Home My Public Portal AboutORD07579 J� BILL NO. INTRODUCED BY COUNCILMAN: Debo d �:� �- •;•L: . -1,. ..�� .��-7 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, REPEALING ORDINANCE 7496 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 other- wise, the meaning of the following terms, when used in this ordinance, shall AdWk 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 occ ied 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- ject 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 forhLiman 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 appur- tenances 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 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) 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 Alfift days Those establishments using over 200 cubic feet and Tiot more than 600 cubic feet of water per month shall pay a sewer service charge of $2.80 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 thereof in excess of fifteen dayp, plus 35� per 100 cubic feet for all water per month in excess of -3- 1 ,500 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 25� 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, 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 for the months of February and March 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 February and March of the preceding year. (B) Sewer service charges for all residential establishments having an average monthly water consumption for the months of February and March of the preceding year of more than 1 ,500 cubic feet and sewer service charges for all commercial or industrial establishments and governmental establishments Q u►��Y'i'�1� shall be billed monthly on the basis of the actual em of monthly water con- sumption of such establishments. -4- s (C) When a residential establishment is initially occupied and such establishment has no previous record of water cOrzsURIption , or if a change of occupancy occurs in a residential establishment, the sewer service charge shall be billed monthly on the basis of the ac:tu.31. monthly water consumption until such time as the rate of charge for such establishment may be deter- mined under the provisions of paragraphs (A) and (t;) 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 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 or 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 -5- 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, 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 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 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 -6- 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 imposed herein shall be levied so as to take effect on January 1 , 1965. 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. -7- 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 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. Subject to the provisions of Section 16 of this ordinance, Ordinance numbered 7496 be, and the same is hereby, re- pealed. Section 16. Savings Clause. The repeal of Ordinance Number 7496 shall neither be construed nor constitute a waiver, abandonment, relinquish- ment or release of any claim the city may have at the time this ordinance becomes effective against the owner or occupant of any commercial or indus- trial establishment, governmental establishment, or residential establishment -8- that have failed to pay sewer service charges prescribed by Ordinance 7454, as amended by Ordinance 7475, for the period beginning January 1 , 1964 and ending March 3, 1964, or that have failed to pay sewer service charges prescribed by Ordinance 7496 for the period beginning March 3, 1964 and ending December 31, 1964. All claims, actions and causes of action existing in favor of the city, under the terms of Ordinance 7454, as amended by Ordinance 7475, and Ordinance 7496 on the effective date of this ordinance are expressly reserved to and saved by the city for all recourse as is provided for in said ordinances . Section 17. Effective Date. This ordinance shall take effect and be in force on January 1 , 1965 from and after its passage and approval. Passed: Approved: President of the Counci Mayor Attest: City Clerk -9-