[1]
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27, 2008, repealed Ch. 705 "Sewer Service Charges — User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.
[R.O. 1994 § 705.010; 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.
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.
[R.O. 1994 § 705.030; 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.
[R.O. 1994 § 705.040; 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.
[Ord. No. 2017-01, 1-10-2017]
1.
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 security deposit in the following amount(s):
|
Within the City
|
Outside of the City
| ||
|---|---|---|---|
|
Residential
| |||
|
Water
|
$75.00
|
$112.50
| |
|
Sewer
|
$125.00
|
$187.50
| |
|
Total
|
$200.00
|
$300.00
| |
|
Commercial
| |||
|
Water
|
$150.00
|
$225.00
| |
|
Sewer
|
$250.00
|
$375.00
| |
|
Total
|
$400.00
|
$600.00
| |
2.
If a customer timely pays his/her utility bills to the City
for a one-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
|
0.005096 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.
|
E.
Sewer Pump Fee. Each customer having wastewater service provided by the City of Lake Ozark shall be assessed a monthly sewer pump fee for the maintenance, repair and replacement of City owned sewer pumps at the rate of one dollar and fifty cents ($1.50) per month for residential units and eight dollars and forty-five cents ($8.45) per month for commercial units. Regarding multi-unit residential and commercial properties, this fee shall be assessed in the same manner as water base fees for multi-unit residential and commercial properties as described in Section 705.100 of the Municipal Code of the City of Lake Ozark.
[Ord. No. 2022-38, 10-25-2022]
[R.O. 1994 § 705.050; 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.
[R.O. 1994 § 705.060; 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.
[R.O. 1994 § 705.070; 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.
[R.O. 1994 § 705.100; 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.
[R.O. 1994 § 705.105; Ord. No.
2008-21 § 1, 5-27-2008]
A.
All billings for utility services may be hereafter billed directly
to the 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.
[R.O. 1994 § 705.110; Ord. No.
2008-21 § 1, 5-27-2008; Ord. No. 2016-24, 6-28-2016]
Every property owner shall be responsible for any utility charge
or fee 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 all charges due for the last three (3) unpaid billing cycles,
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.
[R.O. 1994 § 705.120; Ord. No.
2008-21 § 1, 5-27-2008; Ord. No. 2016-24, 6-28-2016]
When a tenant is delinquent in payment for one billing cycle,
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 three (3) billing cycles, the
owner shall not be liable for sums due for more than the total due
for the three (3) last billing cycles.
[R.O. 1994 § 705.130; 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) days to ninety (90) days in jail, or both a fine and a
jail sentence.
[R.O. 1994 § 705.140; 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/she 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 705, Water and Sewer Service Charges, Section 705.040. Any landlord may require that the deposit for his/her tenants be increased by one hundred percent (100%) 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 increase 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/her 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/her obligation to pay the delinquent account. However, the landlord may elect Subsection (A)(3) below and determine for himself/herself that the City has followed his/her 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/her 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.
[R.O. 1994 § 705.150; 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-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-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
fine and be 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 an ordinance violation 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-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 attorneys'
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.
[R.O. 1994 § 705.155; Ord. No.
2008-21 § 1, 5-27-2008]
When utility services to a premises have 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.
[R.O. 1994 § 705.157; 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 fifty dollars ($50.00) 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 fifty-dollar 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.
[R.O. 1994 § 705.160; Ord. No.
2008-21 § 1, 5-27-2008; Ord. No. 2016-24, 6-28-2016]
Every property owner shall be responsible for any utility charge
or fee 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 all charges due for the last three (3) unpaid billing cycles,
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.
[R.O. 1994 § 705.165; Ord. No.
2008-21 § 1, 5-27-2008; Ord. No. 2016-24, 6-28-2016]
When a tenant is delinquent in payment for one billing cycle,
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 three (3) billing cycles, the
owner shall not be liable for sums due for more than the total due
for the last three (3) unpaid billing cycles.
[R.O. 1994 § 705.170; Ord. No.
2008-21 § 1, 5-27-2008]
A.
For those contributors who contribute wastewater, 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.
[R.O. 1994 § 705.175; 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.
[R.O. 1994 § 705.180; 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 (3/4) water service connection and up to a four-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 (3/4) 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 dollars ($2,350.00) fee for a three-fourths (3/4) 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 (3/4) 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 shutoff valve is installed on the customer's
side of the water service line by the owner/user or his/her contractor
at his/her 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 (3/4) 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.
|
[R.O. 1994 § 705.185; 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 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 ensure 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.
[R.O. 1994 § 705.190; 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 he/she deems applicable.
2.
Should the Utility Clerk determine that an adjustment in the
form of a credit against future billing is appropriate, he/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 Commission.
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.
[R.O. 1994 § 705.195; 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 disconnect fee and a ten-dollar 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.
[R.O. 1994 § 705.200; 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-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.
[R.O. 1994 § 705.205; 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.
[R.O. 1994 § 705.210; 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/her 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:
(b)
Twenty-five dollars ($25.00) for the first offense.
(c)
Service shall be shut off for the second offense
and shall be restored only after the payment of a reconnect fee not
to exceed fifty dollars ($50.00).
H.
Water Alert Levels Defined.
1.
Level I Water Alert. Only the use of water for the following:
personal hygiene, cooking, dish washing, 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, dish washing, 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 are 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-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/her
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/she shall take the following procedures to ensure 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/she 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/her attention by subordinates or he/she
becomes aware of any deficiencies or disrepair of system facilities,
he/she shall immediately take steps to correct the deficiency or disrepair.
a.
He/she shall inform the City Administrator of such a condition
of deficiency.
b.
He/she shall ascertain the costs of such repairs.
c.
He/she shall acquire such materials and manpower necessary to
effect repairs.
d.
He/she shall, subsequent to such repairs, inform the City Administrator
of such repairs.
e.
If, at any time, such facilities malfunction, he/she shall inform
the City Administrator and relevant State authorities to the degree
required as to the malfunction and its abatement.
f.
He/she 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 fifty-dollar 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.
[R.O. 1994 § 705.220; 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-fourths (3/4) inch
residential service meter shall be allowed a second 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 metering device
shall be used only for the purposes of irrigation and pool filling,
provided that the pool(s) served by the second 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 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 water meter at the rate of five hundred dollars ($500.00),
in addition to the tap and connection fees for the first meter, plus
an additional five dollars ($5.00) monthly base fee, provided the
second metering device is installed at the same time as the first
meter. The second metering device shall be used only for the purposes
of irrigation and pool filling, provided that the pool(s) served by
the second 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 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 set up 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.
[Ord. No. 2017-02, 1-10-2017]
Any time a utility customer becomes delinquent in payment for
services received, such that City personnel be dispatched to post
service disconnection notice(s), the customer shall be assessed, in
addition to all other required fees and deposits, a five-dollar "Red
Tag" fee for each such notice posted, which shall be subject to collection
in the same manner as all other service fees.
