[R.O. 2009 §28-104; Code 1975 §560.900; Ord. No. 1603 Arts. I — VI, 9-23-1981; Ord. No. 1875 §1, 9-11-1985; Ord. No. 2117 §1, 2-28-1990; Ord. No. 2995 §I, 9-13-2000; Ord. No. 3903 §§I — VII, 11-18-2009]
A. 
Establishment And Use Of Proceeds. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City of Festus to collect charges from all users who contribute wastewater to the City of Festus facilities. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public wastewater facilities.
B. 
Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Section shall be as follows:
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20°C), expressed in milligrams per liter (mg/l).
NORMAL DOMESTIC WASTEWATER
Wastewater that has a BOD concentration of not more than two hundred fifty (250) mg/l and a suspended solids concentration of not more than three hundred seventy-five (375) mg/l and any other pollutant.
OPERATION AND MAINTENANCE
All expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
RESIDENTIAL CONTRIBUTOR
Any contributor to the City's treatment works whose lot, parcel of real estate or building is used for domestic dwelling purposes only.
SHALL
Is mandatory; MAY: Is permissive.
SS (DENOTING SUSPENDED SOLIDS)
The solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
TREATMENT WORKS
Any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include interceptor sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.
USEFUL LIFE
The estimated period during which a treatment works will be operated.
USER CHARGE
That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.
WATER METER
A water volume measuring and recording device, furnished and/or installed by the City of Festus or furnished and/or installed by a user and approved by the City of Festus.
C. 
Adequate Annual Revenues Established By Ordinance. The user charge system shall generate adequate annual revenues to pay the costs of annual operation and maintenance including replacement and cost associated with debt retirement of bonded capital associated with financing the treatment works which the City may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this Section.
D. 
Accounts, Year-End Balances And Replacement Of Transferred Monies. That portion of the total user charge collected which is designated for the operation and maintenance, including replacement purposes as established in Subsection (E) hereof, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two (2) primary accounts as follows:
1. 
The operation and maintenance account shall be an account designated for the specific purpose of defraying operation and maintenance costs of the treatment works. Deposits in the Operation and Maintenance Account shall be made annually from the operation and maintenance revenue in the amount of two hundred ninety-five thousand three hundred forty-four dollars ($295,344.00) annually.
2. 
The replacement account shall be an account designated for the purpose of ensuring replacement needs over the useful life of the treatment works. Deposits in the Replacement Account shall be made annually from the replacement revenue in the amount of thirty-seven thousand twenty-one dollars ($37,021.00).
Fiscal year-end balances in the Operation and Maintenance Account and the Replacement Account shall be carried over to the same accounts in each subsequent fiscal year and shall be used for no other purposes than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the Operation, Maintenance and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monie will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.
E. 
Actual Use Rate Structure.
[Ord. No. 4377, 4-26-2017]
1. 
Each user shall pay for the services provided by the City based on their use of the treatment works as determined by water meter(s) acceptable to the City.
2. 
For residential contributors, monthly user charges will be based on monthly water usage.
For industrial and commercial contributors, user charges shall be based on water used during the current month.
3. 
(Reference is made to Appendix A of this Chapter (Ordinance No. 3903). The minimum charge per month shall be five dollars ninety-five cents ($5.95), which includes the first (1st) one thousand (1,000) gallons of water. In addition each contributor shall pay a user charge for operation and maintenance including replacement of three dollars seventy cents ($3.70) per one thousand (1,000) gallons of water or wastewater as determined in the preceding Section.
4. 
For those contributors which contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement is:
$0.553 per pound BOD
$0.345 per pound SS
$0.00 per pound other pollutant(s) (specify)
5. 
(Refer to Appendix A of this Chapter (Ordinance No. 3903)). Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City's treatment works or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works shall pay for such increased costs. The charge to each such user shall be as determined by the responsible plant operating personnel and approved by the City Council.
6. 
The user charge rates established in this Section apply to all users of the City's treatment works, regardless of the user's location.
F. 
Billing Procedure. The billing procedures of Section 705.260 of this Code are applicable to this Chapter 720 of this Code.
[Ord. No. 4377, 4-26-2017]
G. 
Annual Review And Notification. The City shall review the user charge system annually and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.
The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement of the treatment works.
H. 
This ordinance shall set rates for 2009-2010 and for future years. The rate for 2009 — 2010 will be a thirty-four percent (34%) increase, minimum charge five dollars ninety-five cents ($5.95) and unit charge as three dollars seventy cents ($3.70) per one thousand (1,000) gallons. Each year thereafter, the rates will include a two percent (2.0%) increase annually. Council may reduce or increase the annual rate after the annual full review.
[R.O. 2009 §28-105; Code 1975 §560.920; Ord. No. 1385 §1, 5-12-1976; Ord. No. 1439 §1, 8-24-1977; Ord. No. 1528 §I, 9-24-1980; Ord. No. 1540 §I, 11-12-1980; Ord. No. 1542 §I, 11-26-1980; Ord. No. 1602 §1, 9-23-1981; Ord. No. 1876 §1, 9-11-1985; Ord. No. 2116 §1, 2-28-1990; Ord. No. 2994 §I, 9-13-2000; Ord. No. 3494 §I, 11-10-2004; Ord. No. 3591 §I, 10-26-2005; Ord. No. 3902 §I, 11-18-2009; Ord. No. 4094 §I, 1-23-2013]
A. 
Except as otherwise provided in this Article, the following shall be the schedule of monthly charges for water service furnished by the waterworks of the City for all water customers:
1. 
This Section shall set rates for 2009-2010 and for future years. The rate for 2009-10 will be an eight percent (8%) increase or eight dollars and seventy-nine cents ($8.79) from zero to one thousand gallons and for every one thousand (1,000) gallons of water metered thereafter. The rates 2010-11, will be a ten percent (10%) increase or nine dollars sixty-seven cents ($9.67) from zero to one thousand gallons and for every one thousand (1,000) gallons of water metered thereafter.
2. 
The rates in years that follow 2010-2011 shall be increased by 2.90% annually. Council may reduce or increase the annual rate after the annual full review.
Rates set by this Section shall be collected beginning December 15, 2009.
B. 
All customers who are furnished water outside the City limits shall pay charges for said water at a flat rate of twenty dollars ($20.00) per month in addition to the rate established by Subsection (A) Subdivision (1) of this Section.
[R.O. 2009 §28-106; Code 1975 §560.930]
All customers referred to in Section 720.020 shall be considered residential and commercial customers unless the City Council shall classify them as industrial customers.
[R.O. 2009 §28-107; Code 1975 §560.940; Ord. No. 2166 §1, 12-12-1990]
All water meters shall be read and bills rendered monthly in the following manner: the total amount of gallons of water used by each customer on a monthly basis shall be computed on a monthly basis in accordance with the schedule set out in Section 720.020.
[R.O. 2009 §28-108; Code 1975 §560.950]
Should any water meter become defective during any billing period, the Water Department shall be empowered to estimate the amount of water used by averaging past months' billings or by some other fair and equitable method.
[R.O. 2009 §28-110; Ord. No. 1569 §I(560.970), 4-22-1981]
All connections on the residence side of the property line curb stop are the owner's responsibility and as such any leakage due to inappropriate or faulty connections, piping or plumbing shall not constitute cause for an adjustment in the water bill. Customers shall pay for all water passing through the water meter.
All water service bills shall be due and payable from and after the date such bills are rendered at the office of the City Clerk during the regular hours of business. (R.O. 2009 §28-111; Code 1975 §560.980).
[R.O. 2009 §28-112; Code 1975 §560.990]
If any bill for water service shall be and remain due and unpaid fifteen (15) days after the date on which such bill was rendered, an additional charge of ten percent (10%) thereof shall be added thereto.