[CC 1995 §46.500]
It is determined and declared to be necessary and conducive
to the protection of the public health, safety, welfare and convenience
of the Village to collect charges from all users who contribute wastewater
to the Village's treatment works. The proceeds of such charges so
derived will be used for the purpose of operating, maintaining and
retiring the debt for such public wastewater treatment works.
[CC 1995 §46.510]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Chapter shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5)
days at twenty degrees Celsius (20°C), expressed in milligrams
per liter (mg/l). (Test shall not utilize nitrification inhibitor.)
Denotes any contributor to the Village's treatment works
whose source of wastewater is located within the corporate limits
of the Village of Airport Drive, Missouri.
Wastewater that has a BOD concentration of not more than
two hundred fifty (250) mg/l and a suspended solids concentration
of not more than three hundred (300) mg/l.
All expenditures during the useful life of the treatment
works for materials, labor, utilities, billing, equipment replacement
and other items which are necessary for managing and maintaining the
sewage works to achieve the capacity and performance for which such
works were designed and constructed and for payment to the City of
Carl Junction, Missouri for wastewater treatment.
Denotes any contributor to the Village's treatment works
whose source of wastewater is located outside the corporate limits
of the Village of Airport Drive, Missouri.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed. The term "operation
and maintenance" includes replacement.
Any contributor to the Village's treatment works whose lot,
parcel of real estate or building is used for domestic dwelling purposes
only.
Is mandatory; MAY: Is permissive.
Solids that either float on the surface or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
Any devices and systems for the storage, treatment, recycling
and reclamation of municipal sewage, domestic sewage or liquid industrial
wastes. These include intercepting sewers, outfall sewers, wastewater
collection systems, individual systems, pumping, power and other equipment
and their appurtenances; extensions, improvement, remodeling, additions
and alterations thereof; elements essential to provide a reliable
recycled supply such as standby treatment units and clear well facilities;
and any works including acquisition of easements of land that is an
integral part of the treatment process, including site acquisition
of the land that will be an integral part of the treatment process
or is used for ultimate disposal of residues resulting from such treatment
(including land for composting sludge, temporary storage of such compost
and land used for the storage of treated wastewater in land treatment
systems before land application) or any other method or system for
preventing, abating, reducing, storing, treating, separating or disposing
of municipal waste or industrial waste, including waste in combined
stormwater and sanitary sewer systems.
The estimated period during which a treatment works will
be operated.
That portion of the total wastewater service charge which
is levied in a proportional and adequate manner for the cost of operation,
maintenance and replacement of the wastewater treatment works.
A water volume measuring and recording device furnished and/or
installed by the Missouri American Water Company or the Jasper County
Water District No. 1 and acceptable to the Village of Airport Drive,
Missouri.
[CC 1995 §§46.520 — 46.540]
A.
The
user charge system shall generate adequate annual revenues to pay
costs of annual operation and maintenance including replacement and
costs associated with debt retirement of bonded capital associated
with financing the treatment works which the Village may by ordinance
designate to be paid by the user charge system. The user charge system
shall also result in equitable recovery of capital cost from out-of-town
users.
B.
That
portion of the total user charge which is designated for operation
and maintenance, including replacement of the treatment works shall
be established by this Chapter.
C.
That
portion of the total user charge collected which is designated for
operation and maintenance including replacement purposes, shall be
deposited in a separate non-lapsing fund known as the Operation, Maintenance
and Replacement Fund and will be kept in two (2) primary accounts
as follows:
1.
An account designated for the specific purpose of defraying operation
and maintenance costs (excluding replacement) of the treatment works
(Operation and Maintenance Account).
2.
An account designated for the specific purpose of ensuring replacement
needs over the useful life of the treatment works (Replacement Account).
Deposits in the replacement account shall be made annually from the
operation, maintenance and replacement revenue in the amount of two
hundred dollars ($200.00) annually.
D.
Fiscal
year-end balances in the operation and maintenance account and the
replacement account shall be carried to the same accounts in the subsequent
fiscal year and shall used for no other purposes than those designated
for these accounts. Monies which have been transferred from other
sources to meet temporary shortages in the Operation, Maintenance
and Replacement Fund shall be returned to their respective accounts
upon appropriate adjustment of the user charge rates for operation,
maintenance and replacement. The user charge rate(s) shall be adjusted
such that the transferred monies will be returned to their respective
accounts within the fiscal year following fiscal year in which the
monies were borrowed.
[CC 1995 §§46.550 — 46.610; Ord. No. 91-5, 1-23-1992; Ord. No. 02-4 §1, 4-25-2002; Ord. No. 2-11 §1, 6-25-2002; Ord.
No. 03-3 §§2 — 3, 5-22-2003; Ord. No. 12-04 §§2 — 3, 6-29-2004; Ord. No. 09-09 §1, 6-22-2009; Ord.
No. 11-11 §1, 9-1-2011; Ord. No. 01-12 §1, 2-23-2012; Ord.
No. 06-12 §1, 6-28-2012; Ord. No. 12-12 §1, 8-23-2012; Ord.
No. 19-12 §1, 9-27-2012]
A.
Unless
specifically noted otherwise in this Chapter, each user shall pay
for the services provided by the Village based on his/her use of the
treatment works as determined by water meters acceptable to the Village.
B.
For contributors to the Village sewer collection and treatment system,
monthly user charges will be based on average monthly water usage
during the months of January, February and March of each year. If
a contributor has not established a January, February and Match avenge,
his/her monthly user charge shall be the medium charge of the other
users within such user's classifications established by this
Section.
C.
The minimum charge per month for residential users whose discharge
is measured by a waste water meter shall be twenty-nine dollars thirty
cents ($29.30) per month. In addition, each residential contributor
served by meter water or whose discharge is measured by a separate
waste meter shall pay a user charge rate for operation and maintenance,
including replacement, of three dollars twenty-five cents ($3.25)
per thousand gallons of water used or fraction used thereof per month.
The charge for residential users not served by meter water or whose
discharge of all residential users for the previous billing cycle.
[Ord. No. 10-13 §1, 6-27-2013; Ord. No. 07-14 §1, 9-25-2014; Ord.
No. 08-16, 7-28-2016; Ord. No. 07-18, 6-28-2018; Ord. No. 16-20, 9-24-2020]
D.
The minimum charge per month for commercial, institutional, and industrial
users shall be as follows:
[Ord. No. 01-13 §1, 2-28-2013[1]; Ord. No. 10-13 §1, 6-27-2013; Ord. No. 07-14 §1, 9-25-2014; Ord.
No. 08-16, 7-28-2016; Ord. No. 07-18, 6-28-2018; Ord. No. 16-20, 9-24-2020]
1.
Minimal commercial users (Commercial 0): fifty-one dollars ($51.00)
per month, plus two dollars ninety cents ($2.90) per one thousand
(1,000) gallons of water used or fraction thereof.
2.
Small users (Commercial 1): sixty-nine dollars ($69.00) per
month, plus two dollars ninety cents ($2.90) per one thousand (1,000)
gallons of water used or fraction thereof.
3.
Medium users (Commercial 2): ninety-four dollars ($94.00) per
month, plus two dollars ninety cents ($2.90) per one thousand (1,000)
gallons of water used or fraction thereof.
4.
Large users (Commercial 3): one hundred twenty–four dollars
twenty-five cents ($124.25) per month, plus two dollars ninety cents
($2.90) per one thousand (1,000) gallons of water used or fraction
thereof.
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For purposes of this Section, a minimal commercial user shall
be less than one thousand two hundred fifty (1,250) gallons per month;
a small user shall be a user of between one thousand two hundred fifty-one
(1,251) and five thousand (5,000) gallons of usage per month; a medium
user shall be a user of between five thousand one (5,001) and fifteen
thousand (15,000) gallons of usage per month; and a large user shall
be a user in excess of fifteen thousand (15,000) gallons of usage
per month.
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[1]
Editor's Note: Section 2 of this ordinance, adopted to
correct a typographical error in Ord. No. 19-12, provided that it
would be effective as of the effective date of Ord. No. 19-12, which
was adopted 9-27-2012.
E.
(Reference
is made to Appendix A of this Chapter, which is on file in the Village
offices.) For those users who contribute wastewater, the strength
of which is greater than normal domestic sewage, a surcharge in addition
to the normal user charge will be collected. The surcharge for operation
and maintenance including replacement is:
F.
Any
user which discharges any toxic pollutant which cause an increase
in the cost of managing the effluent or the sludge from the Village's
treatment works or any user which discharges any substance which singly
or by interaction with other substances causes identifiable increases
in the cost of operation, maintenance or replacement of the treatment
works shall pay for such increased costs. The charge to each such
user shall be as determined by the responsible City of Carl Junction,
Missouri, plant operating personnel and City Council and approved
by the Village Board of Trustees.
G.
The
user charge rates established in this Section apply to all users of
the Village's treatment works, regardless of their location. These
charges apply and take precedence over any agreements or contracts
between the Village of Airport Drive, Missouri, and any users which
are or may be inconsistent with the requirements of the Clean Water
Act.
H.
Notwithstanding anything contained in this Section, in the event a user of the Village sewer system does not have an established water use at the time of initial service, then until such use is established, the user shall be charged the average of volume of water used by the classification within which the user falls, as described in Subsection (D) of this Section.
I.
The
minimum charge for out-of-town users who have entered into a contract
with the Village for the transport of wastewater shall be the sum
of twenty-nine dollars seventy-five cents ($29.75) per user, per month.
[Ord. No. 07-18, 6-28-2018; Ord. No. 16-20, 9-24-2020]
[CC 1995 §46.620]
The Board of Trustees shall review each wastewater contributor's
water usage and adjust the same based upon each user's consumption
for the preceding twelve (12) months since the last calculation or
adjustment to determine each individual's total water usage for the
preceding twelve (12) month period.
[CC 1995 §§46.630 — 46.640; Ord. No. 07-10, 6-24-2010; Ord. No. 18-11, 12-15-2011]
A.
All
users shall be billed monthly. Billings for any particular month shall
be made within thirty (30) days after the end of that month. Payments
are due when the billings are made. Any payment not received within
thirty (30) days after the billing is made shall be delinquent.
B.
A late
payment penalty of ten percent (10%) of the user charge bill will
be added to each delinquent bill for each thirty (30) days of delinquency.
When any bill is thirty (30) days in default, rendition of water and/or
sewer service to such premises shall be discontinued until such bill
is paid following due notice and opportunity for hearing.
C.
The
owner of commercial premises, with multiple users served by one (1)
water meter, shall be billed and be responsible for sewer charges
provided to the commercial premises, or charges may be assessed against
each individual user based upon water usage and the category of users
at the premises.
Provided however, if the owner provides proof of vacancy of
a unit due to the lack of water service and for sewer services to
the premises, then no minimum charge shall be assessed for that user
for that unit, for that month.
[CC 1995 §§46.650 — 46.660]
A.
The
Village will review the user charge system annually and revise user
charge rates as necessary to ensure that the system generates adequate
revenues to pay the costs of operation and maintenance, including
replacement, and costs associated with debt retirement of bonded capital
associated with financing the treatment works and that the system
continues to provide for the proportional distribution of operation
and maintenance, including replacement costs, and costs associated
with debt retirement of bonded capital associated with financing the
treatment works among users and user classes.
B.
The
Village will notify each user at least annually, in conjunction with
a regular bill, of the rate being charged for operation and maintenance,
including replacement, of the treatment works and cost associated
with debt retirement of bonded capital associated with financing the
treatment works.
[CC 1995 §§46.665 — 46.670; Ord. No. 15-05 §1, 10-27-2005]
A.
Joint And Several Liability For Unpaid Utility Bills. Every
property owner shall be responsible for any utility charges or fees
left unpaid by any tenant of the premises served by water or sewer
utility and the liability for such service shall be joint and several
between the landlord and the tenant. Where the landlord or property
owner fails to pay a utility charge, the Village may refuse to provide
any utility service to the property with the delinquent charge, even
in the name of the subsequent tenant or a new owner of the property.
Upon written request, the Village will send a duplicate bill each
month to the landlord so that the landlord can determine, to his/her
satisfaction, that the bill is paid. The liability of the landlord
for services provided to the tenant shall be limited to services provided
for the previous ninety (90) days.
B.
Whenever
it appears to the Village Clerk that sewer user charges levied by
the Village against a tract of property remain unpaid for a period
of thirty (30) days, the Clerk shall send the responsible parties
(owner as shown by the real estate records of the Jasper County Recorder
of Deeds and any tenant or lessee known to the Clerk) a notice, postage
prepaid, first class mail, which will recite at least the following
facts.
1.
The amount of charges and when the charges were incurred.
2.
The amount of late charge, if any.
3.
The property address.
4.
A statement that unless the charges are paid prior to the next Board
of Trustees meeting, the Board of Trustees may authorize the institution
of legal proceedings or the issuance of a special tax bill which shall
be a first (1st) lien against the property and bear interest at the
rate of ten percent (10%) per annum.
5.
The date, time and location of the next Board of Trustees meeting
along with an invitation to appear and protest the charges, institution
of legal proceedings or issuance of special tax bill.
[CC 1995 §46.680]
The notice referred to in Section 705.080(B) herein shall be mailed by the Village Clerk at least ten (10) days prior to the next Board of Trustees meeting.
[CC 1995 §§46.690 — 46.710]
A.
At
the next Board of Trustees meeting, the owner or other interested
person may appear before the Board of Trustees and present whatever
evidence or argument against the issuance of the special tax bill
or institution of legal proceedings.
B.
In
the event the Board of Trustees shall vote to issue a special tax
bill or institute legal proceedings, the Village Attorney shall be
so authorized to prepare the necessary pleadings or special tax bill
which shall be signed by the Village Clerk and to file the same with
the appropriate office. A reasonable attorney's fee of seventy-five
dollars ($75.00) and the costs of recording shall also be included
in said special tax bill.
C.
A special
tax bill shall be deemed satisfied when the amount of charges, penalties,
interest, recording costs and a reasonable attorney's fees are paid.
