[R.O. 2006 §710.420; CC 1985 §25-151; Ord. No. 88.01 Art. 1, 2-4-1988; Ord. No. 01.04 Art. I, 3-8-2001; Ord. No. 04.30 §1, 10-26-2004]
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 Osage Beach to collect charges from all users who contribute wastewater to the City of Osage Beach treatment works. The proceeds of such charges so derived will be devoted to the following purposes:
First, the payment of the expenses of operating and maintaining such system;
Second, the payment of any and all bonds or other obligations payable from such revenues;
Third, the establishment of a proper depreciation reserve for the benefit of such system;
Fourth, the fulfillment of any covenants or agreements contained in any ordinance which may have authorized outstanding revenue bonds issued for the benefit of such system; and
Fifth, the payment of the cost of improvements and extensions to such system.
[R.O. 2006 §710.430; CC 1985 §25-152; Ord. No. 88.01 Art. II §§1 — 45, 2-4-1988; Ord. No. 92.32 §1, 10-22-1992; Ord. No. 92.34 §1, 12-17-1992; Ord. No. 01.04 Art. II, 3-8-2001; Ord. No. 07.34 §1, 6-7-2007]
Unless the context specifically indicates otherwise, the meaning of terms used in this Article 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 Centigrade (20°C), expressed in milligrams per liter (mg/l).
CONDOMINIUM
A legal arrangement in which a dwelling unit in an apartment building is individually owned but to which the common areas are owned, controlled and maintained through an organization controlled by the individual owners.
FAMILY
An individual or two (2) or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house or hotel as herein defined.
HOTEL
A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public as opposed to a boarding house, a lodging house, or an apartment.
MOTEL
A building or group of buildings used primarily for the temporary residence of motorists or travelers, for compensation, as such it is open to the public and which does not contain kitchen facilities or a cook stove.
MULTI-COMMERCIAL
A building designed for or occupied exclusively by two (2) or more commercial entities (i.e., office, retail, professional), not individually metered or designed to be individually metered.
MULTI-FAMILY
A building designed for or occupied exclusively by two (2) or more families, not individually metered or designed to be individually metered.
NON-RESIDENTIAL CONTRIBUTOR
Any contributor to the City's treatment works which is not a residential contributor as defined by this Section.
NORMAL DOMESTIC WASTEWATER
Wastewater that has a BOD concentration of not more than four hundred (400) mg/l, a suspended solids concentration of not more than two hundred sixty (260) mg/l, and an oil and grease concentration of not more than one hundred (100) mg/l.
OFFICE BUILDING
A building composed of offices sharing common walls and corridors.
OFFICE/RETAIL
An office building, a medical clinic, or a professional building or any other facility where office space is provided or service, retail or wholesale activities occur and where goods are not consumed or used on the premises and which is not classified otherwise.
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 treatment works to achieve the capacity and performance for which such works were designed and constructed.
PROFESSIONAL BUILDING
An office building generally housing doctors, lawyers or other licensed professional practitioners.
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 single-family dwelling, two-family dwelling or condominium dwelling which contributes wastewater to the City's treatment works and which is not part of a mobile home park, regardless of billing method.
RESORT
Any building or group of buildings used primarily for the temporary residence of motorists or travelers, for compensation, and as such is open to the public and which contains kitchen facilities and/or a cook stove.
SHALL
Is mandatory; MAY: Is permissive.
SS (DENOTING SUSPENDED SOLIDS)
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 land, devices and systems for the transporting, storage, treatment, recycling and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extensions improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clearwell facilities; and any works, including site acquisition of the land, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; 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 stormwater and sanitary sewerage systems.
TWO-FAMILY DWELLING
A building designed for or occupied exclusively by two (2) families.
USEFUL LIFE
The estimated period during which a treatment works will be operated.
USER CHARGE
The wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, replacement and debt service for the wastewater treatment works.
[R.O. 2006 §710.440; CC 1985 §25-153; Ord. No. 88.01 Art. III §1, 2-4-1988; Ord. No. 01.04 Art. II, 3-8-2001]
The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement and costs associated with debt retirement of bonded capital associated with financing the treatment works which the City of Osage Beach 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 Article.
[R.O. 2006 §710.450; CC 1985 §25-154; Ord. No. 88.01 Art. III §2, 2-4-1988; Ord. No. 01.04 Art. II, 3-8-2001]
A. 
That portion of the total user charge collected which is designated for the operation and maintenance including replacement purposes as established in Section 710.440 shall be deposited in a separate non-lapsing fund known as the Operation and 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 cost (excluding replacement) of the treatment works. Deposits in the Operation and Maintenance Account shall be made (monthly) from the operation and maintenance revenue collected at the rates and annual amounts established by the annual computation as indicated in Appendix A, which is on file in the City offices.
2. 
The Replacement Account shall be an account designed for the purpose of ensuring replacement needs over the useful life of the treatment works. Deposits in the Replacement Account shall be made monthly from the replacement revenue collected at the rates and annual amounts established by the annual computation as indicated in Appendix A, which is on file in the City offices.
[R.O. 2006 §710.460; CC 1985 §25-155; Ord. No. 88.01 Art. III §3, 2-4-1988; Ord. No. 01.04 Art. II, 3-8-2001]
Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same accounts in the 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 monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.
[R.O. 2006 §710.470; CC 1985 §25-156; Ord. No. 88.01 Art. IV §§1 — 3, 2-4-1988; Ord. No. 92.32 §3, 10-22-1992; Ord. No. 92.34 §2, 12-17-1992; Ord. No. 94.61 §1, 12-15-1994; Ord. No. 95.59 §1, 12-21-1995; Ord. No. 98.52 §1, 12-17-1998; Ord. No. 00.53 §1, 1-18-2001; Ord. No. 01.04 Art. II, 3-8-2001; Ord. No. 02.10 §1, 3-21-2002; Ord. No. 07.35 §1, 6-7-2007; Ord. No. 10.26 §4, 6-21-2010; Ord. No. 15.95 §1, 12-17-2015; Ord. No. 23.08, 3-16-2023
A. 
It is determined to be necessary and conducive of the public health, safety, welfare and convenience of the City to collect charges from all customers who use the public sewer system. The proceeds of such charges so derived will be used for the purpose of operating, maintaining, retiring the debt, improvements and extensions for such public sewer system.
For metered customers, the sewer user charge shall be the monthly minimum sewer rate defined in Subsection (1) below plus the volumetric sewer rate defined in Subsection (2) below.
For non-metered customers, the monthly sewer user charge shall be the flat rate charge defined in Subsection (3) below.
1. 
Monthly minimum rate. The sewer monthly minimum rates for both in-City and out-of-City customers are scheduled as follows:
Effective May 1, 2023
Meter Size
In-City
Out-Of-City
5/8 inch
$18.20
$39.58
1 inch
$24.45
$54.41
1 1/2 inch
$30.74
$69.25
2 inch
$47.98
$110.02
3 inch
$174.98
$410.28
4 inch
$222.02
$521.48
6 inch
$269.06
$632.71
2. 
Volumetric rate. For sewer customers on metered water service, the sewer volumetric rate is charged per one thousand (1,000) gallons of metered water consumption in excess of the first one thousand (1,000) gallons included in the monthly minimum rate. The volumetric rates are scheduled as follows:
Effective May 1, 2023
Per 1,000 gallons
$2.52
3. 
Flat rate. For sewer customers without metered City water service, the monthly sewer charge shall be a flat rate charge based on the user's defined class(es).
a. 
The defined classes are as follows:
Class
Name
Description
A
Residential light commercial
Single-family residences with <2.5 baths,
Small commercial offices/retail,
Multi-residential and multi-residential structures, per unit charge
(MF/MU)
No laundries or laundromats, no restaurants,
Maximum continuous demand < 10 gpm.
B
Small-medium commercial
Large residences, swimming pools, lawn irrigation for lawns < 6,000 square feet,
Hotel/motel with < 15 units, small restaurants -
< 75 seats, FF w/drive thru,
Other small-medium commercial,
Maximum continuous demand < 25 gpm.
C
Medium commercial
Hotel/motel with < 35 units,
Medium restaurants - > 75 seats, no outdoor seating,
Other medium commercial,
Maximum continuous demand < 50 gpm.
D
Medium-large commercial
Hotel/motel with < 70 units,
Large restaurants - > 175 seats, outdoor seating,
Other medium-large commercial,
Maximum continuous demand < 80 gpm.
E
Large commercial 1
Hotel/motel with < 150 units,
Other large commercial,
Maximum continuous demand < 160 gpm.
F
Large commercial 2
Hotel/motel with < 300 units,
Maximum continuous demand < 250 gpm.
G
Maximum demand commercial
Hotel/motel with < 301 units,
Maximum continuous demand > 1,000 gpm.
b. 
Flat rate charges. The monthly flat rate charges for both in-City and out-of-City customers are scheduled as follows:
Effective May 1, 2023
Class
In-City
Out-Of-City
A
$33.34
$52.58
B
$211.05
$332.85
C
$343.40
$541.53
D
$738.84
$1,165.14
E
$1,433.15
$2,260.09
F
$4,001.51
$6,310.47
G
$5,939.55
$9,366.76
4. 
Multi-commercial and multi-residential.
a. 
For multi-commercial (office/retail complexes, etc.) and multi-residential (apartment complexes, condominium buildings, etc.) sewer customers on metered water service but not individually metered by unit, the monthly minimum rate per month per unit is equal to the equivalent meter size based on the defined class of each unit's use as determined by the City Administrator or his/her designee plus the volumetric rate at the per one thousand (1,000) gallon rate based on water consumption in excess of the first one thousand (1,000) gallons per unit.
b. 
For multi-commercial and multi-residential sewer customers without metered City water service, the monthly minimum rate per month per unit shall be the flat rate defined by unit in Subsection (3) above as determined by the City Administrator or his/her designee.
[R.O. 2006 §710.480; CC 1985 §25-157; Ord. No. 88.01 Art. V §§1 — 4, 2-4-1988; Ord. No. 95.45 §1, 11-16-1995; Ord. No. 00.43 §2, 10-19-2000; Ord. No. 01.04 Art. II, 3-8-2001; Ord. No. 07.74 §1, 12-20-2007; Ord. No. 11.37 §1, 7-8-2011]
A. 
Generally. All users will be billed monthly. Payments are due when the billings are made. Any payment not received within fifteen (15) days after the billing is made shall be delinquent.
B. 
Current Address. Users are responsible for furnishing the City with their current mailing address. Failure to make such notification in writing will not be considered an excuse for non-payment nor permit an extension of the date when the account will be considered delinquent.
C. 
Condominiums. Sewer charges for condominiums will be billed to the condominium management company or association or otherwise agreed-upon billing authority which shall be responsible for full payment of the bill.
D. 
Facilities Under Common Ownership. Facilities under common ownership will be billed to the owner of the facilities as a combined bill based on the type of users in the facilities.
E. 
Late Payment/Discontinuance Of Service.
1. 
Late fee. Interest shall be added in the amount of one and one-half percent (1.5%) to any unpaid balance per month.
2. 
Discontinuance of service. When any sewer bill remains unpaid for forty-five (45) days from the date of billing, service shall be disconnected until such bill is paid. A reconnection fee shall be paid for reconnection to the City's system.
a. 
Sewer customers on the City's water system. Water service will be disconnected for those users of the sewer system who are also on the City's water system whose sewer service has been identified for discontinuance due to unpaid balances. Water service reconnection fees are then applied.
b. 
Reconnection fees.
(1) 
Water service reconnection charge (for sewer customers with water service). If water service is discontinued, for reconnection to the system the customer shall pay the total balance due for all utility services provided (water and sewer, if applicable) prior to disconnection and a reconnection charge. The reconnection charge includes a minimum reconnection charge of one hundred twenty-five dollars ($125.00) plus the minimum monthly billing for all utility services provided (water and sewer, if applicable) for each month of disconnection, with a maximum of twelve (12) months, in addition to the minimum reconnection charge, calculated on a pro rata basis based on the monthly billing cycle.
(2) 
Sewer service reconnection charge (for sewer only customers). If sewer service is discontinued, for reconnection to the system the customer shall pay the total balance due prior to disconnection and a reconnection charge. The reconnection charge includes a minimum reconnection charge of four hundred dollars ($400.00) plus the minimum monthly billing for each month of disconnection, with a maximum of twelve (12) months, in addition to the minimum reconnection charge, calculated on a pro rata basis based on the monthly billing cycle.
(3) 
Unique infrastructure. In the event that actual disconnection costs to the City exceed the minimum reconnection charge due by the customer, due to the unique infrastructure associated with the service disconnection, the customer may be charged the actual costs of disconnection in excess of the minimum reconnection charge for the service being disconnected.
c. 
Reconnection of service.
(1) 
During office hours. The Department of Public Works shall reconnect service during normal office hours once satisfied delinquent balances and reconnection fees have been verified by the office of the City Treasurer. Delinquent balances and reconnection fees satisfied before 12:00 P.M. on a regular business day will constitute an afternoon reconnection on the same day, during normal office hours, of the Department of Public Works. Delinquent balances and reconnection fees satisfied after 12:00 P.M. on a regular business day will constitute reconnection the next regular business day, during normal office hours, of the Department of Public Works.
(2) 
After hours/weekends. Reconnections of service after hours and/or on weekends may be available for an additional charge of one hundred dollars ($100.00) per reconnection of the service. After hours/weekend reconnection charges are in addition to the applicable reconnection charges applied.
3. 
Payment plan. The City Administrator or his/her designee may enter into periodic payment arrangements for the reconnection fee not to exceed one (1) year in duration.
F. 
Other. As of Monday, March 6, 1995, the City of Osage Beach discontinued billing for properties not physically connected to the City's sewerage system other than disconnection due to delinquency.
[R.O. 2006 §710.490; CC 1985 §25-158; Ord. No. 88.01 Art. VI §§1 — 2, 2-4-1988; Ord. No. 01.04 Art. II, 3-8-2001; Ord. No. 10.26 §5, 6-18-2010]
The City Administrator or his/her designee shall submit recommended rate changes to the Board of Aldermen for further action to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and retirement of debt and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.