[Ord. No. 707, 12-6-1990; Ord. No. 823, 9-4-2003]
A. Definitions. The following words and phrases when used in
this Section shall, for the purpose of this Section, have the meanings
respectively ascribed to them in this Section except when the context
otherwise requires:
CUSTOMER
The person in whose name a utility service is provided.
DIVERT
To change the intended course or path of electricity, water,
gas, telephone, cable television or other utility service without
the authorization or consent of the utility.
PERSON
Any individual, partnership, firm, association or corporation.
RECONNECTION
The commencement of utility service other than by the utility
company, to a customer or other person after service has been discontinued
by the utility.
SUPERINTENDENT OF WATERWORKS AND SEWER
The person who is appointed by the Board of Aldermen; who
is a full-time employee of the City of Lake Tapawingo to perform all
operations, repairs, replacements and/or construction, mark locations
as requested of any and all water lines and meters and sewer pumps,
lids, lines and any other waterworks and sewer equipment; and as such
shall receive a monthly salary as set by the Board of Aldermen, shall
receive ten (10) days each year for paid vacation time and five (5)
days each year for sick leave; and for whom the full benefit of health
insurance shall be provided by the City of Lake Tapawingo; and whose
position is on-call for twenty-four (24) hours per day, including
holidays; and who shall make provisions for a replacement for the
position of Superintendent of Waterworks and Sewer to be covered twenty-four
(24) hours each day and carry all communications equipment provided
by the City of Lake Tapawingo, in his or her absence for vacation,
sick leave or holidays, with the express approval of the Commissioner
of Waterworks and Sewer.
TAMPER
To rearrange, damage, injure, destroy, alter, interfere with
or otherwise prevent from performing normal or customary function.
UTILITY SERVICE
The provision of electricity, water, gas, telephone, cable
television or other utility service.
B. Unlawful Acts. It shall be unlawful for any person to commit,
authorize, solicit, aid, abet, or attempt any of the following acts:
1. Divert, or cause to be diverted, utility service by any means whatsoever.
2. Make, or cause to be made, any connection or reconnection with property
owned or used by the utility to provide utility service without the
authorization or consent of the utility.
3. Prevent any utility meter, or other device used in determining the
charge for utility service, from accurately performing its measuring
function by tampering or by any other means.
4. Tamper with any property owned or used by the utility company to
provide utility service.
5. Use or receive the direct benefit of all, or a portion, of the utility
service with knowledge of, or reason to believe that, the diversion,
tampering, or unauthorized connection existed at the time of the use,
or that the use or receipt, was without the authorization or consent
of the utility.
6. Advertise, manufacture, distribute, sell, use, rent, or offer for
sale, rental, or use any device of any description, or any plan or
kit, designed to obtain utility service, in violation of this Section.
7. Obtain utility service by means of false representations, or fraudulent
or deceptive actions, designed to avoid the payment of any outstanding
lawful charges for any utility service.
8. Avoid the lawful charges, in whole or in part, for any utility service,
by the use of any fraudulent or deceptive scheme, device, means or
method.
C. Presumption Of Violation. There is a rebuttable presumption
that there is a violation of this Section if, on the premises controlled
by the customer or by the person using or receiving the direct benefit
of utility service, there is either, or both of the following:
1. Any instrument, apparatus or device primarily designed to be used
to obtain utility service without paying the full lawful charge therefor.
2. Any utility equipment that has been altered, tampered with or by-passed
so as to cause no measurement or inaccurate measurement of utility
service.
D. Penalties. Any person convicted of violating any provision
of this Section shall be fined not less than fifty dollars ($50.00)
nor more than five hundred dollars ($500.00).
[Ord. No. 352 §§1—3, 9-28-1972; Ord. No. 839, 8-11-2005]
A. A minimum
charge of one hundred fifty dollars ($150.00) shall be paid by each
applicant for a new water service connection.
B. A charge
of the cost of a new sewer pump and all labor to install pump and
make connection to the sewer system to be paid by applicant.
C. A charge established by Subsection
(A) above shall assume a water service connection requiring a five-eighths (5/8) inch meter. For larger meters, an application must be made to the City and a reasonable charge shall be determined, but not less than one hundred fifty dollars ($150.00).
[Ord. No. 65.11 §1 (Exhibit
I), 6-30-1988; Ord. No.
803, 6-25-2002; Ord. No. 803.2, 5-5-2005; Ord. No. 854, 5-16-2006; Ord. No. 866, 6-21-2007; Ord. No. 875, 6-19-2008; Ord. No. 895, 7-1-2010; Ord. No. 912, 8-18-2011; Ord. No. 929, 12-17-2012; Ord. No. 937 §1, 9-30-2013; Ord. No. 959 §1, 2-18-2016; Ord. No. 979, 9-21-2017; Ord. No.
990, 9-26-2018; Ord. No. 995, 6-6-2019; Ord. No. 1000, 11-7-2020]
A. The water billing rates to all customers shall be set as follows
beginning November 2019:
1.
Per one thousand (1,000) gallons of water usage: three dollars
and fifty cents ($3.50).
B. The sewer billing rates to all customers shall be set as follows
beginning November 2019:
1.
Fixed fee: nine dollars ($9.00) plus.
2.
Per one thousand (1,000) gallons of sewer water usage: two dollars
and fifty cents ($2.50).
C. The current monthly sewer/water maintenance billing rates to all
customers shall be set as follows beginning November 2019:
1.
Fixed fee: twenty-three dollars ($23.00).
D. The current monthly overhead expense charge to all customers shall
be set as follows beginning November 2019:
1.
Fixed fee: sixty-three dollars ($63.00).
E. The current monthly grinder pump maintenance charge to all customers
shall be set as follows beginning November 2019:
1.
Fixed fee: twelve dollars ($12.00).
F. The current monthly trash charge including yard waste to all customers
shall be set as follows beginning November 2019:
1.
Fixed fee: seventeen dollars and fifty cents ($17.50).
G. The current monthly surcharge applicable to non-resident customers
shall be set as follows beginning November 2019:
1. Fixed fee water: Twenty-five dollars ($25.00).
2. Fixed fee sewer: Twenty-five dollars ($25.00).
[Ord. No. 848 §1, 2-2-2006; Ord. No. 900 §2, 8-18-2010]
A. Landlords Responsible For Utility Bills. Every property
owner shall be responsible for any utility charges or fees left unpaid
by any tenant of the premises served by the water or sewer utility.
Where the landlord or property owner fails to pay the utility charges,
the City may refuse to provide any water service to the property with
the delinquent charge even in the name of a subsequent tenant or new
owner of the property.
B. Written Introduction Of Tenants. All landlords will send
with the tenant a written introduction and instructions to turn on
the utility service to said rental property.
C. Delinquent accounts. When a tenant is delinquent in payment
for thirty (30) days, the City shall make a good faith effort to notify
the owner of the premises receiving such service of the delinquency
and the amount thereof. Any notice of termination of service shall
be sent to both the occupant and owner of the premises receiving such
service. When an occupant is delinquent more than ninety (90) days,
the owner shall not be liable for sums due for more than ninety (90)
days of service.
D. Penalty—Severability—Effective Date. This Section shall be in full force and effect upon its passage and approval, except that landlords will not be liable for unpaid delinquent utility bills incurred before the effective date of this Section, unless the utility customer remains a tenant of the landlord for ninety (90) days past the effective date of this Section. The provisions of this Section are severable as provided in Section 1.140, RSMo. Those provisions of this Section, which establish an offense, are subject to the general penalty provisions contained in Section
100.040.