Editor's Note — Ord. no. 2008-21 §1, adopted May
27, 2008, repealed ch. 705 "sewer service charges — user charge
system" and enacted new provisions set out herein. Former ch. 705
derived from ord. no. 95-1 Art. 1 — 9, 4-11-1995; or. no. 95-14
§§1 — 2, 11-14-1995; ord. no. 96-6 §§1 —
2, 5-28-1996; ord. no. 97-1 §1, 1-14-1997; ord. no. 97-14 §1,
7-1-1997; ord. no. 97-19 §1, 10-14-1997; ord. no. 98-13 §§1
— 2, 5-12-1998; ord. no. 98-6 §§1, 3, 3-10-1998; ord.
no. 98-21 §§1 — 2, 7-28-1998; ord. no. 99-12 §1,
5-25-1999; ord. no. 2000-26 §1, 11-14-2000; ord. no. 2001-28
§1, 9-25-2001; ord. no. 2001-6 §1, 3-27-2001; ord. no. 2002-12
§1, 6-25-2002; ord. no. 2005-04, 3-22-2005; ord. no. 2005-22,
6-28-2005; ord. no. 2006-34, 9-28-2006; ord. no. 2006-42, 11-28-2006.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
The
City shall collect applicable utility services charges for the use
of the services rendered by the water and/or sanitary sewage system
from the owners or occupants of every building used for human occupancy
or business activity, which is connected with the water and sanitary
sewage system of the City or which discharges sanitary sewage, industrial
wastes or other liquids, either directly or indirectly, into the sanitary
sewage system of the City.
B.
Residential
and non-residential sewage service charges shall be based on a metered
or flat rate structure and/or monthly base fees. The total cost shall
be computed by applying the rates established by ordinance or latest
schedule of utility charges and shall be payable as provided in this
Chapter.
C.
After January 13, 1987, there is assessed against and the City of Lake Ozark, Missouri, shall collect sewer service charges for having available the use and services to be rendered by the sanitary sewage system from the owners or occupants of every building used for human occupancy which should be connected with the sanitary sewage system of the City of Lake Ozark under the provisions of Section 705.010(A) of this Chapter.
D.
The
Board of Aldermen of the City of Lake Ozark, Missouri, hereby finds
and determines that the rates, fees and charges for the use and services
or availability of the use and services of the water and sanitary
sewage system, which will be necessary and adequate to provide for
the debt service, maintenance, operation and improvement of such sanitary
system, at the time of the passage hereof, are as hereinafter specified
provided that said charges may be subject to changes so as to continue
to be adequate for said purposes all as required by the bond covenants
of the outstanding water and sewer revenue bonds.
[Ord. No. 2008-21 §1, 5-27-2008]
Revenues obtained from utility user charges shall be deposited
in, and expenditures dispersed from, accounts as established by City
Code and by bond ordinances.
[Ord. No. 2008-21 §1, 5-27-2008; Ord. No. 2011-18, 8-23-2011]
A.
Residential Base Rates. Except as otherwise provided, water
and sewage service charges shall be based on the established volumetric
rates (usage rate), as adopted by ordinance or schedule of charges
and changed by the Board of Aldermen from time to time, plus the base
service charge (minimum monthly rate). Both the water and sewer base
charges shall be established for each service for metered customers
as set by ordinance or by the latest schedule of utility charges.
There shall be a base fee per unit for water service to all multi-residential
properties (apartment complexes, duplexes, condominium buildings,
etc.) that are not individually metered.
B.
Base Rates Commercial. Except as otherwise provided, water
and sewage service charges shall be based on the established volumetric
rates (usage rate), as adopted by ordinance or schedule of charges
and changed by the Board of Aldermen from time to time, plus the base
service charge (minimum monthly rate). Both the water and sewer base
charges shall be established for each service for metered customers
as set by ordinance or by the latest schedule of utility charges.
There shall be a base fee per unit for water service to all multi-commercial
properties (multi-unit office and retail complexes, etc.) that are
not individually metered.
C.
Deposit Required For Service. Before water and/or sewer service is provided for any new account, and subject to requirements Section 705.140 related to landlords, the applicant shall deposit with the City Clerk or designee a fee in the amount of seventy-five dollars ($75.00) (one hundred twelve dollars fifty cents ($112.50) for applicants outside of the City) for residential property and three hundred dollars ($300.00) (four hundred fifty dollars ($450.00) for applicants outside of the City) for commercial property. If a customer timely pays his utility bills to the City for a one (1) year period, the security deposit may be refunded to the customer at the discretion of the City Clerk or his/her designee. The City may at its discretion apply all or part of any security deposit toward payment of the customer's utility account if it is considered delinquent. Any funds on deposit when service is discontinued shall be first applied toward any unpaid bill of the customer with the balance, if any, being paid to the customer.
D.
Water Rate Schedule. The following shall be the water rate
schedule for the City of Lake Ozark:
|
MONTHLY CUSTOMERS FEES
| |||||
|---|---|---|---|---|---|
|
Water Rates
|
Commercial Rate
|
Residential Rate
|
Outside City
|
Deposit
|
Outside City Deposit
|
|
Base rate*
|
$21.78
|
$10.82
|
1.5 x rate
|
$75.00 (Res)
|
$112.50 (Res)
|
|
Usage rate**
|
.006567 per gallon
|
.005096 per gallon
|
1.5 x usage rate
|
$300.00 (Com)
|
$450.00 (Com)
|
|
*Base rate is applicable to all residential, commercial and
industrial users of the City's water system. All multi-residential
properties (apartment complexes, duplexes, condominium buildings,
etc.) and multi-commercial properties (multi-unit office and retail
complexes, etc.) not individually metered by unit shall be billed
the base rate per unit plus the usage rate per gallon based on water
consumption.
|
|
**Usage rate is charged per gallon of water consumption.
|
[Ord. No. 2008-21 §1, 5-27-2008]
User charges for facilities of combined types will be based
on the number of units of each type.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
The
determination of the number and class of users shall be made by inventory
of existing users or as determined by the Public Works Director of
the sewage collection system or other authorized representative of
the City. The inventory of users shall be updated as needed, but as
least annually.
B.
The
user charge rates established in this Chapter shall apply to all users,
regardless of their location in the City's system.
C.
The
user charge rates as established herein shall be subject to change
hereafter, as necessary, so as to provide for the debt service, maintenance,
operation and improvement of the water and sanitary sewer system all
as required by the bond covenants of any water or sewer revenue bonds
outstanding.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
All
users will be billed monthly. Delinquency will be in accordance with
the policy established for non-payment of bills. In accordance with
established City policy, non-payment may result in the termination
of all utility services until such bill is paid.
B.
It
shall be the duty of the City Utility Clerk to notify the City Administrator
and/or the Board of Aldermen of all such delinquent accounts and said
City Administrator or the Board of Aldermen may proceed immediately
to cause utility service(s) to each delinquent customer to be discontinued.
C.
The
variable rate sewer charge shall be applied to all metered users. "Commercial users" are defined as all users save and except
for residences and town houses that have individually metered units.
[Ord. No. 2008-21 §1, 5-27-2008; Ord. No. 2011-18, 8-23-2011]
A.
A "multi-residential property" is defined as any building
or complex containing more than one (1) living unit, which does not
have individual separated water systems for each unit subject to cutoff
and includes apartment complexes or duplexes, triplexes, town houses,
and condominiums with connected sewage systems. A "multi-commercial
property" is defined as any building or complex containing
more than one (1) office or retail space that is equipped with separate
toilet facilities and it includes senior villas. For multi-unit properties
served by a single water meter, there shall be a base fee per unit
charge plus the usage rate per gallon based on water consumption.
B.
The
City shall prepare and render one (1) utility bill to each multi-unit
property, which bill shall be computed by multiplying the number of
units in each such complex or building by the applicable base rate
per unit plus actual usage as set by ordinance.
C.
In
the event of non-payment of any such utility bill, the City shall
be entitled to take any or all necessary collection procedures against
the complex or building(s) as otherwise provided by ordinances and
State law, including imposition of liens for unpaid sewage bills as
well as cutting off water, sewer or garbage service to the complex
or building(s) containing said multi-units.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
All
billings for utility services may be hereafter billed directly to
tenant at the owner's option, however, the owner of the property shall
be responsible for the bill for utility service. The owner may be
provided duplicate billing for such service, but shall apply, in writing,
for such duplicate billing. "Duplicate billing" shall
be defined as a copy of the bill sent to the owner, not as a separate
charge, unless such billing becomes delinquent.
B.
This
billing procedure shall be effective January 1, 1996, and all property
owners shall be notified as soon as possible, by the billing clerk,
of any change in billing procedure in order that the property owners
may, if they desire, recoup their utility charges from their tenants.
[Ord. No. 2008-21 §1, 5-27-2008]
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 and 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.
[Ord. No. 2008-21 §1, 5-27-2008]
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.
[Ord. No. 2008-21 §1, 5-27-2008]
The provisions of this Chapter shall be in full force and effect
as of October 11, 2005, except that landlords will not be liable for
unpaid delinquent utility bills incurred before the effective date
of this Chapter, unless the utility customer remains a tenant of the
landlord for ninety (90) days past the effective date of this Chapter.
The provisions of this Chapter are severable as provided in Section
1.140, RSMo. Those provisions of this Chapter which establish an offense
are subject to the general penalty provisions provided by law, that
is a penalty of zero dollars ($0.00) to five hundred dollars ($500.00)
or zero (0) to ninety (90) days in jail, or both a fine and a jail
sentence.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
To
assist landlords in determining that their tenants have responsibly
paid their obligations, the City offers property owners the following
options, which a landlord may select provided he does so in writing
sent directly to the City Hall. In the absence of a written exercise
of any of these options, the City shall continue its present billing
and collection practices.
1.
The City normally charges a utility deposit, as set forth in Chapter 715: City Water System, Section 715.040 and Chapter 705: Sewer Service Charges — User Charge System, Section 705.130. Any landlord may require that the deposit for his tenants be increased by one hundred percent (100%) as set forth in Chapter 715: City Water System, Section 715.040 and Chapter 705: Sewer Service Charges — User Charge System, Section 705.130 or by two hundred percent (200%) as set forth in Chapter 715: City Water System, Section 715.040 and Chapter 705: Sewer Service Charges — User Charge System, Section 705.130 and that utility service not be provided until the entire deposit is paid. (If the City should raise its utility deposit in the future, the one hundred percent (100%) or two hundred percent (200%) increases would be adjusted accordingly.) If the City should fail to follow this instruction, the landlord shall be relieved of that portion of the charge that would have been paid if the correct deposit had been charged.
2.
The City normally permits a delinquent utility account to accumulate for weeks or even months past the due date, if it appears that the customer is making a reasonable effort to pay the account. Any landlord may request that any or all of his tenants be immediately disconnected from utility service upon failure to pay an account by the due date. If the City should fail to follow this request, the failure will not relieve the landlord of his obligation to pay the delinquent account. However, the landlord may elect Subsection (3) below and determine for himself that the City has followed his direction and notify the City of any failure.
3.
Duplicate billing. Normal City practice is to only
bill the tenant for the utility service provided. Upon written request
the City will send a duplicate bill each month to the landlord, so
the landlord can determine to his satisfaction that the bill is paid.
It is the responsibility of the landlord to notify the City if this
direction is not being followed. In absence of a prior complaint of
no duplicate billing, the landlord shall not be excused from liability
if the tenant fails to pay.
4.
Written introduction of tenants. The City normally
accepts oral instructions from a tenant directing that utility service
be turned on at a landlord's property. Any landlord may instruct that
no utility service will be provided unless the landlord sends with
the tenant a written introduction and instruction to turn on the utility
service.
[Ord. No. 2011-19, 8-23-2011]
A.
Connections To City Utility Systems Required, When. Except
as otherwise provided in this Section, the owner of any house, building,
property or improvement which is used for human occupancy, employment,
recreation or other purposes situated within the City and abutting
on any street, alley, or right-of-way in which there is now located
or may in the future be located a water main, or wastewater sewer
main connected to the treatment facility of the City, is required
at the owner's expense to connect to such utility systems and to install
suitable toilet facilities therein, and to connect such facilities
directly to the proper utility system in accordance with the provisions
of this Chapter, within ninety (90) days after the date of official
notice to do so is given to the owner (by posting such notice in a
local newspaper of general circulation within the City and by written
notice sent to the owner via certified mail or personally served on
the owner), provided that the water main or wastewater sewer main
is within three hundred (300) feet of the property line.
B.
Waiver Of Mandatory Connection Fees For One Year. Notwithstanding the provisions of Subsection (A) to the contrary requiring mandatory connection to the City's utility systems within ninety (90) days of official notice, the mandatory connection fees required by Sections 700.260 and 705.180 for connection to the City's utility systems shall be waived for three hundred sixty-five (365) days from the effective date of this Section for the owners of any existing house, building, property or improvement requiring connection to the City's utility systems where said property abuts on any street, alley, or right-of-way in which there is now located a water main or wastewater sewer main within three hundred (300) feet of the property line, provided however, said owners connect to the appropriate City utility system or systems within one (1) year of the effective date of this Section.
C.
Connection Requirements For Certain Owners Of Existing State Approved
Private Water Systems. Owners of any existing house, building,
property or improvement requiring connection to the City's water system
may continue to utilize a private water system, provided however,
that such existing house, building, property or improvement shall
connect to the City's water system, if available, in the following
circumstances:
1.
State approved well. Owners of any existing house,
building, property or improvement served by an existing State approved
well shall only be required to connect to the City's water system
if said State approved well is damaged, destroyed, condemned or otherwise
ceases to provide a safe and adequate supply of water and cannot be
repaired or restored to a safe condition. For purposes of this Section,
a "State approved well" is a well constructed to the standards established
by the Missouri Department of Natural Resources for a "public drinking
water supply".
D.
Waiver Of Mandatory Connections For New Private Water Or Wastewater
Systems For Up To Five Years. The Board of Aldermen, or the
Utility Commission upon delegation of such authority, may by majority
vote waive for a period of five (5) years the mandatory requirement
for property owners of any existing house, building or improvement
to connect to the City's utility systems where said property abuts
on any street, alley, or right-of-way in which there is now located
a water main or wastewater sewer main within three hundred (300) feet
of the property line, provided said property owner has established
to the satisfaction of the City that he/she has paid one hundred percent
(100%) of the construction costs of a new private water or wastewater
system. For purposes of this Section, a new private water system is
one where the current property owner has had constructed, drilled
or installed a private water well which provides potable water to
any existing house, building or improvement used for human occupancy,
employment, recreation or other purposes within the five (5) year
period immediately preceding the effective date of this Section. For
purposes of this Section, a new private wastewater system is one where
the current property owner has had constructed or installed a septic
tank which provides wastewater disposal for any existing house, building
or improvement used for human occupancy, employment, recreation or
other purposes within the five (5) year period immediate preceding
the effective date of this Section. The waiver of the mandatory connection
requirement permitted under this Section shall be limited to five
(5) years from the date that the system was constructed or installed.
E.
Restrictions On Waivers Of Connection Fees And Connection Requirement. The Board of Aldermen may not waive the connection fees or the connection
requirement for connections to the City's utility systems under the
following circumstances:
1.
When construction is commenced after the effective date of this Section
of any house, building or improvement requiring connection to the
City's utility systems, said property owner must connect to the City's
water and/or wastewater system(s) provided a water main or wastewater
sewer main is within three hundred (300) feet of the property line
of said property, and said owner must pay the applicable connection
fees.
2.
When property which is otherwise entitled to a waiver as provided by Subsection (D) above is sold or transferred, the new owner must connect to the City's water and/or wastewater system(s) within ninety (90) days of such sale or transfer and must pay the applicable connection fees.
3.
When a water main or wastewater sewer main is extended or installed
after the effective date of this Section such that it is within three
hundred (300) feet of the property line of any existing house or other
building requiring connection to the City's utility systems, said
property owner must connect to the City's water and/or wastewater
system(s) within ninety (90) days after the date of official notice
to do so is given, and the applicable connection fees must be paid.
F.
Waiver Of Unpaid Connection Fees. Any unpaid connection
fees as of the effective date of this Section, which are owing by
a property owner to the City pursuant to a written payment agreement
that predates the effective date of this Section, are hereby waived
provided that the property owner connects to the City's water and/or
wastewater system(s) within ninety (90) days of the effective date
of this Section.
G.
Connections To Water Mains Or Sewer Mains, How. No person
shall make any attachment or connection to the City's water mains
or sewer mains without first obtaining a permit signed by the Public
Works Director. All applications for permits shall be made upon forms
furnished by the City Clerk or designee and shall state the location
of the premises and the full name of the owner of the property. All
taps shall be made by the City, and the fee for the tap shall be as
established by the Public Works Director.
1.
All applicants for utility service shall submit the completed written
application for services desired at least seven (7) business days
before said service installation is desired. Such application must
include all relevant fees for consideration to go forward.
2.
After such applications are received, the Utility Clerk shall forward
the application(s) to the Public Works Director for review; however,
no installation shall be made until the Utility Clerk issues a work
order for the service installation.
3.
The Public Works Department shall coordinate with the applicant the
date and time of such installation at least two (2) business days
in advance of such installation, unless an agreement is reached for
a lesser time between both the Public Works Director and the applicant.
4.
Following completed installation of authorized services, the Public
Works Director shall submit to the Utility Clerk within forty-eight
(48) hours, in writing, a listing of completed installations, complete
with serial number (if applicable) of such devices, etc., for billing
service fee initiation.
H.
Connections To Sewer System, Type. All connections to the
City's sewer system from homes, businesses, and other structures shall
be a forced main system.
1.
"Forced main system" is defined as follows: A pressured
system consisting of grinder pumps, holding tanks, piping and electrical
service panels and connections that grind and pump sewage into a common
forced main in which pressure from one (1) or more individual units
is used to convey sewage to gravity sewer mains.
2.
Expenses for installation of connections to the forced main system
shall be borne by the owner.
3.
A forced main system may be replaced by a gravity flow addition if
the City Administrator, Public Works Director and a competent professional
engineer all agree that a gravity flow addition is financially feasible
for a project area.
4.
"Financially feasible", as referenced in Subsection (H)(3) above, shall mean that the cumulative connection fees for such installation shall pay one hundred percent (100%) or greater of all installation costs, which includes, but is not limited to, lift stations, line installations, and other material or contractor costs.
I.
Two Premises On The Same Water Meter Prohibited. Except
as allowed for existing condominiums, business parks, office buildings,
and retail centers, no two (2) premises shall be allowed service on
the same water meter. Any premises discovered to be illegally metered
(more than one (1) user per meter) shall be subject to a five hundred
dollar ($500.00) fine, and required to pay for all connection fees
and deposits to establish service for each additional user. No single-family
residence shall be allowed to have more than one (1) residence per
water meter.
J.
Failure To Connect. Any property owner who fails to connect
to the City's water and/or wastewater system as set forth in this
Chapter shall be deemed guilty of a misdemeanor and shall, upon conviction,
be fined not less than one hundred dollars ($100.00) nor more than
five hundred dollars ($500.00) for each twenty-four (24) hour period
during which he or she shall neglect and refuse to comply with this
Chapter. Nothing contained in this Section shall prohibit the City
from seeking injunctive relief to compel a property owner to connect
to the City's water and/or wastewater system. If such action is initiated,
the property owner shall be liable for all costs, including reasonable
attorney's fees, and that sum shall constitute a lien on the property.
[1]
Editor's Note — Ord. no. 2011-19, adopted August 23,
2011, repealed section 705.150 "voluntary and involuntary disconnections"
and enacted new provisions set out herein. Former section 705.150
derived from ord. no. 2008-21 §1, 5-27-2008.
[Ord. No. 2008-21 §1, 5-27-2008]
When utility services to a premises has been terminated for
any reason other that temporary vacancy, it shall be renewed at the
premises only after the acceptance of a new application and when the
conditions, circumstances or practices which caused the utility service
to be discontinued are corrected to the satisfaction of the City and
upon payment of all charges due and payable by the customer in accordance
with the rates, rules and regulations, no customer whose service has
been turned off shall turn on the same or have the same done by anyone
other that the City. Water shall not be turned on to any premises
unless there is at least one (1) adult person therein at such time
to see that all water outlets in the premises are closed to prevent
damage by escaping water.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
When
it has been necessary to discontinue water service to any premises
because of a violation of the rules and regulations or an account
of non-payment of any bill, a charge of three dollars ($3.00) shall
be made to partly cover the expense of turning on the water, except
that the charge for any service turned on at the request of a customer
after regular hours or on Saturdays, Sundays or holidays shall be
at actual cost. This charge, together with any arrears that may be
due the City for charges against the customer and any service deposit
required by the City, shall be paid before the water shall again be
turned on.
B.
If,
at the time of such discontinuance of service, the customer does not
have a deposit with the City, the City may require a cash deposit
as a guarantee of the payment of future bills before the water shall
be turned on.
C.
A three
dollar ($3.00) turn-on charge is also applicable, if payment is made
after the work crew has been dispatched to the premises to discontinue
service for non-payment or other violations of this Chapter, and even
though service is not actually discontinued, since the basic cost
of discontinuing service has already been incurred.
D.
If,
at the time of such discontinuance of service, the customer does not
have a deposit with the City, the City may require a cash deposit
as a guarantee of the payment of future bills before the water shall
be turned on.
E.
A three
dollar ($3.00) turn-on charge is also applicable, if payment is made
after the work crew has been dispatched to the premises to discontinue
service for non-payment or other violations of this Chapter and even
though service is not actually discontinued, since the basic cost
of discontinuing service has already been incurred.
[Ord. No. 2008-21 §1, 5-27-2008]
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 and 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.
[Ord. No. 2008-21 §1, 5-27-2008]
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.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
For
those contributors who contribute waste water, the strength of which
is greater than the normal domestic sewage, a surcharge may be considered
if the regional treatment facility indicates such a charge to the
City in addition to the normal user charge.
B.
The
surcharge to the user shall be the surcharge applied to the City plus
fifteen percent (15%).
C.
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
system or any user which discharges any substances which, singly or
by interaction with other substances, causes identifiable increases
in the cost of operation, maintenance or replacement of the system
shall pay for such increased costs. The charge to each such user shall
be determined by the treatment plant operator and approved by the
Board of Aldermen.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
Application
for utility services shall be made to the City Utility Clerk (Collector)
by the owner or occupant of the property to be served and must be
accompanied by applicable deposits. All connections must be made in
accordance with the water and sewer use ordinance. By submittal of
such application, applicant agrees to be and to remain in compliance
with the City's duly adopted water and sewer ordinances. Upon approval
of such application, the applicant shall have permission to connect
with water and sewerage collection facilities.
B.
After
approval of the application, the issuance of a building permit, commencement
of construction on the property and upon receipt of the connection
cost, the City shall inspect and permit the connection to the system.
The applicant will provide all lines to the point of connection with
the system. No connection cost shall be levied against any unimproved
lot until construction on the property shall have commenced, unless
as otherwise provided in this Chapter.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
A one-time
connect fee shall be levied upon each new water and sewer connection
to the utility systems of the City of Lake Ozark, said fee to be paid
prior to any hookup to City water or sewer system.
B.
Calculation Of Connect Costs. It is the policy of the City
of Lake Ozark that all City main service meters and main service lines
be placed within the right-of-way adjacent to the private property
served. The following are the terms and costs for allowing for connection
to City services.
1.
For single-family residential units, including villas or town homes, individually metered duplexes, triplexes or quadplexes, the cost shall be two thousand dollars ($2,000.00) per each water connection and one thousand dollars ($1,000.00) per each sewer connection for up to a three-fourths (¾) water service connection and up to a four (4) inch gravity flow sewer connection. Greater capacity service connections shall be at above fee plus City costs associated with the greater meter and connect sizing (see Subsection (D) below).
2.
For all other multi-family applications, the connect fee shall be twenty-five dollars ($25.00) per unit, times the number of units times twelve (12) or two thousand dollars ($2,000.00) for water and one thousand dollars ($1,000.00) for sewer, whichever is greater, however, for service connections in asphalt or concrete, over seventy-five (75) feet from the City main and a size greater than three-fourths (¾) inch in diameter, Subsection (D) below, columns (C) and (D) may apply. This fee shall apply equally to both applications for water and applications for sewer service. Each service shall be deemed a separate application and each shall be assessed the same fee.
3.
Retail or general business commercial connections shall be assessed twenty-five dollars ($25.00) per unit, times the number of units, times twelve (12) for each service applied for (water and sewer) or a two thousand three hundred fifty dollar ($2,350.00) fee for a three-fourths (¾) inch water service and two thousand dollars ($2,000.00) for sewer service, whichever is greatest. For service connections in asphalt or concrete, over seventy-five (75) feet from the City main and a size greater than three-fourths (¾) inch in diameter, Subsection (D) below, columns (C) and (D) may apply.
C.
Upon
payment of the one-time connection fee as provided herein, the new
installation shall be connected to the utility system of the City
of Lake Ozark, provided that a shut-off valve is installed on the
customer's side of the water service line by the owner/user or his
contractor at his expense.
D.
Commercial Meter Set Fee Costs Per Application For A Single User
Set.
|
Size Connection
|
(B) in Dirt
|
(C) in Asphalt
|
(D) in Concrete
| |
|---|---|---|---|---|
|
3/4
|
$2,350.00
|
$3,350.00
|
$3,850.00
| |
|
1 inch
|
$2,850.00
|
$3,850.00
|
$4,350.00
| |
|
2 Inch
|
$3,850.00
|
$4,850.00
|
$5,350.00
| |
|
4 Inch
|
$5,850.00
|
$5,850.00
|
$6,350.00
| |
|
6 Inch
|
$7,850.00
|
$8,850.00
|
$9,350.00
|
|
|
The developer/owner shall be responsible for such costs above
a three-fourths (¾) inch set and more than seventy-five (75)
feet in length. The City shall determine on a case-by-case basis for
the particular application and location what the additional expense
shall be before agreeing to such connect application.
|
[Ord. No. 2008-21 §1, 5-27-2008]
A.
The
amount of monthly sewer user charge shall be reviewed by the Board
of Aldermen at its first (1st) regular Board meeting in May of each
year, in order to 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 to insure continued proportionality
of overhead and maintenance charges. Any excess revenue shall be deposited
in the Operation and Maintenance Account and user charges adjusted
accordingly.
B.
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 the cost of replacement of the treatment works.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
Staff Appeals And Adjustments, When And How.
1.
When any customer shall have a dispute over any billed amount, the
City Utility Clerk shall be authorized to investigate such complaint
to include examining past billing, by requiring rereads and any other
supplementary data, material or records she deems applicable.
2.
Should the Utility Clerk determine that an adjustment in the form
of a credit against future billing is appropriate, she shall provide
such information in the amounts of overcharge and subsequent writing
to at least one (1) of the following: the City Clerk, Public Works
Director or the City Administrator, each of whom are herein empowered
to authorize the credit amount up to two hundred fifty dollars ($250.00).
3.
If the appeal amount exceeds two hundred fifty dollars ($250.00)
or if, in the opinion of the Utility Clerk or the officials empowered
to approve a credit, the disputed amount is not subject to a credit,
then the customer may make an appeal to the Utility Board.
4.
All credits must be accompanied by written documentation showing
the amount of disputed charges, the credit applied and the authorizing
signature or initials applicable.
B.
All Other Appeals Must Be Made To The Utility Commission. Applicants for appeals must make such appeals in writing two (2)
weeks before the regularly scheduled monthly meeting of the Utility
Commission.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
If
any utility user shall fail to pay his/her sewer charge within ten
(10) days from the date of the bill, the bill shall be deemed delinquent
and a delinquent penalty of one and one-half percent (1.5%) per month
or portion thereof, not to exceed eighteen percent (18%) per year,
shall be added to the bill each month or portion thereof until the
bill is paid in full.
B.
If
any such bill shall remain unpaid for a period of twenty (20) days
after the date of the last paid billing date, the property may not
be entitled to receive water, sewage or garbage services from the
City. Utility service to such premises may be disconnected and may
not be reconnected until all past due bills for sewage services are
paid in full, together with a cut-off charge of fifty dollars ($50.00)
and a reconnect charge of fifty dollars ($50.00), unless such service
is removed for non-payment exceeding one hundred twenty (120) days.
Upon removal of such services for non-payment, a new application must
be made and new connect fees paid for a new service. Requests for
voluntary disconnection for extended period such as vacancy of the
property, winterization, etc., will be honored by the City, however,
there shall be a ten dollar ($10.00) disconnect fee and a ten dollar
($10.00) reconnect fee charged for such service and will be approved
only if the user is current on their utility bill and it is understood
that such service shall continue to be billed the monthly base fees.
Disconnects for leaks will not be charged.
C.
It
shall be the duty of the City Clerk or other representative of the
City charged with the responsibility of receiving payments for sewage
services to notify the Public Works Director of the City utility system
of those premises which, because of delinquency in the payment of
bills, are no longer entitled to utility services and the Public Works
Director of the City utility system may take the necessary steps to
have the water and sewer connections disconnected from the premises
so in arrears. The occupant or user of the premises receiving sewage
services and the owner of such premises shall be jointly and severally
liable for payment for such services rendered on such premises.
D.
The
City shall have the power to sue the occupant or the owner, or both,
of such real estate in a civil action and receive any sums due for
such services, plus a reasonable attorney's fee to be fixed by the
court.
E.
In
addition, the City may place a lien upon the real estate having a
delinquent sewer charge and take legal action to execute upon such
lien as provided by the Statutes of the State of Missouri.
F.
The
City Administrator and/or the Clerk of the City are hereby authorized
to file in the Recorder of Deeds office of the County of Miller and
the County of Camden liens against all land situated in the City of
Lake Ozark for delinquent sewer charges owed to said City pursuant
to Section 250.234, RSMo. The City Attorney is hereby authorized to
proceed to enforce said liens as provided by Section 250.234, RSMo.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
Eligibility. Any customer of the Lake Ozark water or sewer
system who is delinquent in the payment of his/her sewer user fees
to the City of Lake Ozark for not more than two (2) months may enter
into an agreement with the City, consistent with the terms of this
Chapter.
B.
Payment Plan Contents For Delinquent Customers. At a minimum,
the payment plan shall provide for payment of the delinquency plus
future sewer charges in the following ways:
1.
The plan must provide for full payment of all obligations, including
each month's current billing, within six (6) months.
2.
The plan must provide for payment of all future obligations as they
become due.
3.
The plan must be executed by all persons affiliated with the customer
(such as husband and wife, all partners in a partnership and all spouses
of those partners, all principals in a corporation and spouses).
4.
The plan shall include a promissory note in the amount of the balance
due plus the anticipated charges during the six (6) month repayment
period.
C.
Fee. There shall be a fee of twenty-five dollars ($25.00)
payable in cash to partially offset the costs incurred in entering
into a credit plan with the City.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
When
new utility lines are installed into an existing area or when it is
discovered that existing homes, business or other usages are not in
compliance with the City of Lake Ozark utility codes and not connected
to existing utility lines, the City of Lake Ozark shall allow the
following policy:
1.
A new application must be filed with the City of Lake Ozark for the
applicable service and must be accompanied with the relevant deposit
fees.
2.
The applicant shall have eighteen (18) months to pay for the connect
fee and other charges at the interest rate allowed by law and set
by the Board of Aldermen.
3.
The applicant must execute the applicable loan documents with the
City of Lake Ozark and must remain current with all charges, including
monthly service charges, to remain in good standing with the City
and not subject to involuntary discontinuance of service.
B.
Failure
to comply with this credit policy shall result in utility service
termination.
[Ord. No. 2008-21 §1, 5-27-2008]
A.
Maintenance Of Meter Boxes. Whenever the meter box, frame
or cover is known to be broken, not in a serviceable condition, not
adjusted to established grade or presents a hazardous condition, the
Public Works Director or designee may notify the owner or occupant
of the premises to repair or replace such meter box, frame or cover
and on the failure or refusal to do so, the water may be cut off
B.
Maintenance Of Water Meters, Remote Reading Attachment. Water
meters and remote reading attachments that are damaged or destroyed
by conditions within the customer's control such as freezing, hot
water damage, neglect, misuse or abuse shall be repaired or replaced
at the customer's expense. Rates for repairs and replacement shall
be established by the Public Works Director or designee.
C.
Accessibility To Meters. Whenever a meter is known to be
inaccessible for purposes of reading or maintenance and the cause
is within the customer's control, the Public Works Director or designee
shall notify the owner or occupant of the premises to make the meter
accessible and on the failure or refusal to do so, the water shall
be cut off.
D.
Meters. Unless the City provides meters, each customer of
water shall, at their own expense, before using any water supply through
the City mains, have installed a meter of a type approved by the Public
Works Director or designee.
E.
Meter Couplings. Meters shall be installed in service pipes
by the use of meter couplings of a type approved by the Public Works
Director or designee. Whenever a meter is found to have been installed
without approved couplings, the Public Works Director or designee
shall notify the owner or occupant of the premises to have installed
such couplings and on the failure or refusal to do so, the water shall
be cut off.
F.
Stopping Service For Leaks. Wherever the shutting off of
the water from any attachment cannot be accomplished or maintained
in the ordinary manner, the Public Works Director or designee shall
cause the tap to be withdrawn or cut off the attachment from the main
pipe or correct the condition and reconnection shall not be made without
a written permit and payment of all costs by the consumer.
G.
Right Of The City To Stop Service — Water Supply Emergency.
1.
Generally. The City reserves the right to shut off
the City water supply at any time in the mains for the purpose of
repairing, cleaning, making connections with or extensions to same
or for the purpose of concentrating water in any part of the City
in case of fire and of restricting the use of water in case of deficiency
in supply.
2.
In the event of declaration of a water supply emergency, the following
may occur.
a.
Available and reasonable means shall be used to inform consumers
affected by the emergency that one (1) of the following restrictions
will apply:
(1)
Level I. Non-essential use of water shall be
prohibited and restricted or regulated outdoor watering shall apply,
or
(2)
Level II. Outdoor water usage shall be prohibited.
(a)
The Chief of Police or his designee, upon witnessing a violation
of either a level I or level II water alert, shall issue a written
warning to the consumer. This warning shall inform the consumer that
continued non-essential or outdoor usage of water shall cause the
consumer to be subject to a fine and disconnection. The Board of Aldermen,
by resolution, declare a water supply emergency. Any person who violates
any Section of this Chapter shall be subject to penalties, after written
notice, as set forth herein shall be:
H.
Water Alert Levels Defined.
1.
Level I water alert. Only the use of water for the
following: personal hygiene, cooking, dishwashing, clothes washing
and consumption by persons and animals and outdoor watering subject
to the following regulation: Homes with a street address ending with
an even number may use water for outdoor purposes on even-numbered
dates. Homes with a street address ending with an odd number may use
water for outdoor purposes on odd-numbered dates.
2.
Level II water alert. Only the use of water for
the following: personal hygiene, cooking, dishwashing, clothes washing
and consumption by persons and animals shall be allowed.
I.
City Not Liable For Failure Of Water Supply. Connections
with the City water mains and the use of water is permitted upon the
express understanding that the City shall not be liable for any damages
or injuries by reason of the breaking or failure of any service pipe
or cock, meter, water main, pipeline, hydrant or any appurtenance
to the water system or for shutting off the water for any purpose
or for diminished capacity or partial or total failure of the water
supply, piping or appurtenances.
J.
Right Of Entry Of City Employees. The City shall have the
right, through its duly authorized officers or agents, to freely enter
at all reasonable hours any premises when it may be necessary to ascertain
the reading of meters, the location or condition of a City utility
pipe or other fixture attached to the City utility system or to shut
off or let in water from or to any pipe or other attachment or for
any other purpose that may be deemed essential for the protection
of the interests of the City in the utility system. Further, the City
must be given access to inside water meters at least once each calendar
year. If the water meter for any given customer is estimated for twelve
(12) consecutive months because of no access to the inside meter,
the customer shall be notified that within ninety (90) days an actual
water meter reading must be taken by the City. If neither occurs within
the ninety (90) day notice period provided in this Section, the customer
shall be notified that water service will be discontinued within six
(6) days from the date of the notice unless an actual reading is taken.
K.
Minimum Diameter Of Water Mains. No new or replacement primary
water main shall be installed that is less than six (6) inches in
diameter.
L.
Manner Of Installing Water Mains, Service Pipes And Appurtenances,
Generally. All water utility mains, service pipes, meters
and appurtenances to the utility system shall be installed by methods
prescribed by the Public Works Director or designee. The type of materials
used for water mains, service pipes, meters and appurtenances to the
water system shall be prescribed by the Public Works Director or his
designee.
M.
Shutting Off Water For Violation Of Rules — Disconnection Fee.
1.
The City reserves the right to shut off the supply of water to any
consumer at any location for a violation of any of the rules and regulations
of the City relating to the water system with forty-eight (48) hours'
written notice.
2.
The City Clerk or designee shall give notice in writing to the customer
by United States mail, postage prepaid, to the last known address
or shall post on the affected property such notification.
3.
A failure on the part of the customer to actually receive the notice as set forth in Subsection (M)(2) shall not be an excuse, reason or justification for the failure to correct the violation or violations nor shall it prevent the discontinuance and shutting off of the water service to such customer.
4.
After utility service has been discontinued and shut off as provided
in this Section, it shall not be renewed or resumed until all bills
from utility service due and owing to the City have been paid, the
deposit for service required by this Chapter has been made and the
actual cost of the discontinuance and shutting off the service, not
to exceed fifty dollars ($50.00) per service, for the disconnect of
services and fees not to exceed fifty dollars ($50.00) per service
for reconnection of services during normal working hours have been
paid.
N.
Maintenance Of Facilities. The Public Works Director is
charged with the responsibility of maintaining all system structures
that the City has formally accepted as a part of its utility systems,
further all wells, wet wells, service panels, lines, lift stations
and such other grinder pump/lift stations as well as other appurtenances
to the system. He shall take the following procedures to insure that
all facilities are maintained in a workable condition:
1.
The Public Works Director shall report to the City Administrator
annually, in writing, a complete audit of the facilities of the City
of Lake Ozark, detailing the current state of all facilities, including:
a.
The age of each facility, its current serviceability, its state of
operation or repair, its repairing service life, etc.
b.
He shall annually make recommendations in writing in September of
each year, a budget request for service upgrades, detailing which
facility is in greatest need of upgrade or major repair, complete
with cost estimate and impact on the system.
2.
When it is brought to his attention by subordinates or he becomes
aware of any deficiencies or disrepair of system facilities, he shall
immediately take steps to correct the deficiency or disrepair.
a.
He shall inform the City Administrator of such a condition of deficiency.
b.
He shall ascertain the costs of such repairs.
c.
He shall acquire such materials and manpower necessary to effect
repairs.
d.
He shall subsequent to such repairs inform the City Administrator
of such repairs.
e.
If, at any time, such facilities malfunction, he shall inform the
City Administrator and relevant State authorities to the degree required
as to the malfunction and its abatement.
f.
He shall inform the City Administrator of any condition that is deemed
advisable that the City Administrator shall know as to the operations
of the City's utility systems including, but not limited to, the above.
O.
A three
dollar ($3.00) turn-on charge is also applicable, if payment is made
after the work crew has been dispatched to the premises to discontinue
service for non-payment or other violations of this Chapter and even
though service is not actually discontinued, since the basic cost
of discontinuing service has already been incurred.
[Ord. No. 2011-19, 8-23-2011; Ord. No. 2012-19, 10-8-2012]
A.
At such time as a water main or wastewater sewer main becomes available, as set forth in Section 700.150, to a property served by a private water or wastewater disposal system, a direct connection shall be made to the City's utility systems in compliance with this Chapter.
B.
Private
water systems may not be conjoined to the City's water system. However,
any private systems existing at the time of the effective date of
this Section may continue to be used for such purposes as irrigation,
filling swimming pools, ground source heating and/or cooling, etc.
All other water usage must be directed through the City's water meter.
In the event that a private water system is allowed to continue, it
must be separated from the City's water system by such devices as
are allowed by Federal, State and local laws and regulations and must
be inspected and approved by the City's Public Works Director.
C.
Upon
connections to the City's sewer system, all other existing private
sewerage systems, including any septic tanks, cesspools, and similar
wastewater disposal facilities, shall be emptied and filled with suitable
material.
D.
Second Metering Device Permitted, When And How.
1.
Water system users with an existing three-quarters (¾) inch
residential service meter shall be allowed a second (2nd) metered
connection at a reduced minimum rate of one hundred dollars ($100.00)
per connection, plus actual material and labor expenses of the City,
plus an additional five dollars ($5.00) monthly base fee. The second
(2nd) metering device shall be only used for the purposes of irrigation
and pool filling, provided that the pool(s) served by the second (2nd)
metering device is (are) not connected to the City's sewer system.
All such systems must have a backflow preventer device approved by
the City and installed at the owner's expense. The second (2nd) connection
shall not be charged a sewer base charge or a volume rate for sewer
service.
2.
Water system users of any house, building or improvement, which are
constructed after the effective date of this Section and which are
required to connect to the City's water system, shall be allowed a
second (2nd) water meter at the rate of five hundred dollars ($500.00),
in addition to the tap and connection fees for the first (1st) meter,
plus an additional five dollar ($5.00) monthly base fee, provided
the second (2nd) metering device is installed at the same time as
the first (1st) meter. The second (2nd) metering device shall be only
used for the purposes of irrigation and pool filling, provided that
the pool(s) served by the second (2nd) metering device is(are) not
connected to the City's sewer system. All such systems must have a
backflow preventer device approved by the City and installed at the
owner's expense. The second (2nd) connection shall not be charged
a sewer base charge or a volume rate for sewer service.
3.
An existing user at the time of the adoption of this Section may
elect to have installed either a deduct remote reading meter system,
or an in-ground meter setup at the location of the owner's choosing
within their irrigation or pool plumbing system, provided that such
system costs are paid by the owner, and that the system has a backflow
preventer device approved by the City, and further provided that the
user executes an ingress/egress agreement with the City for the purposes
of maintenance, inspection, and/or reading of such deduct metering
device. The metered amount will be deducted from the sewer usage charge.
The user will be responsible for any and all excavation and landscaping
required for this installation, and shall be charged an additional
monthly fee in addition to his/her regular base rate.
