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City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
[R.O. 1991 § 705.010; Ord. No. 2932-15 § 1, 9-1-2015[1]; Ord. No. 2980-17, 10-3-2017]
A. 
It is hereby found, determined and declared to be necessary for the public health, safety, welfare and benefits of the City of Smithville and its inhabitants that the existing waterworks of said City and the existing sewerage system of said City and all future improvements and extensions thereto be combined and that they shall thenceforth be operated and maintained as a combined waterworks and sewerage system.
B. 
The waterworks of the City of Smithville and the sewerage system of said City and all future improvements and extensions thereto, whether to the waterworks or to the sewerage system or to both, shall be and the same are combined and it is hereby declared that said waterworks and said sewerage system and all future improvements and extensions thereto as aforesaid thenceforth be operated and maintained as a combined waterworks and sewerage system.
[1]
Editor's Note: This ordinance also repealed former Ch. 705, Combined Waterworks and Sewerage System, adopted 6-6-1973 by Ord. No. 520 §§ 1, 2, as amended. Section 2 of this ordinance also provided an effective date of 11-1-2015.
[R.O. 1991 § 705.020; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
A. 
Water service shall be supplied only through water meters installed and meeting the City's specifications, and only one (1) connection shall be permitted to each water meter.
B. 
Unmetered connections to fire hydrants by anyone other than a designated representative of the City of Smithville, Missouri, or the Smithville Fire Protection District for purposes other than system maintenance and/or repair or fire protection is specifically prohibited.
C. 
No free water service or sewerage service shall be furnished to any premises, or the owner or occupant thereof, except to the City itself.
[R.O. 1991 § 705.030; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
A. 
The City has established a water rate and a sewer service rate designed to raise sufficient revenue to pay the cost of operating the City's water and sewer systems, including:
1. 
The cost of purchasing water and treatment for human consumption and the cost of sewage treatment and disposal services;
2. 
The maintenance, repair, and operation of all water service and sewer service equipment and facilities owned and operated by the City;
3. 
Related accounting, administration and overhead costs;
4. 
Payments of all necessary debt service and maintenance of bond covenants for bond issues or other indebtedness related to the City's water and sewer facilities; and
5. 
Maintenance of necessary reserves for repair and replacement of water and sewer facilities.
[R.O. 1991 § 705.040; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
A. 
The monthly quantity charges and monthly service charges for City water and sewerage services shall be as set forth in the City's Schedule of Fees. Wholesale water sales may be set by special contract at the discretion of the Board of Aldermen.
B. 
For sewer customers outside the corporate City limits that are also water customers, a rate of one and one-half (1.5) times the applicable rate of customers within the corporate City limits shall apply. Sewer customers that are not water customers shall be charged a rate of sixty-four dollars ($64.00) per month.
C. 
Sewer customers connected to the City sewer system, both inside and outside the City limits, shall pay an inflow and infiltration sump pump surcharge in the amount of ten dollars ($10.00) per month, except those customers who have been adjudged exempt from such fee by certification that no direct or indirect sump pump connection to the sanitary system exists by either a free inspection by City Staff or by a qualified plumber licensed to do business in the City of Smithville. The fee assessed herein shall commence with the bill sent to the customer in February 2014, and any exemption request submitted after January 15, 2014, shall result in the assessment of the fee for the next billing cycle, and exempt thereafter.
D. 
For sewer customers not adjudged exempt from the inflow and infiltration sump pump surcharge fees no later than January 15, 2015, the monthly inflow and infiltration sump pump surcharge will be in the amount of twenty dollars ($20.00) per month.
[R.O. 1991 § 705.050; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
A. 
Each account shall be billed separately and rendered monthly.
B. 
If the meter should fail to register for any reason, or if the meter reader should be unable to gain admittance to the premises at the time the meter is due to be read, an estimated bill will be submitted. Such bill will be based on a reasonable estimate of consumption.
C. 
During the billing periods of December, January and February, the City shall calculate the average water usage known as a "winter sewer average." The winter sewer average shall be applicable to the other nine (9) months of the calendar year.
D. 
If a customer has not established a winter sewer average, that customer shall elect either sewer charges be based on water used during the current month, or supply at the time of application the applicable months' bills from the most recent previous address through which an average water usage can be derived.
E. 
This Subsection exempts customers from the winter averaging formula. It is the intent of this policy to establish monthly sewer charges based on low-usage winter months so that customers are only charged for the theoretical amount of water that goes into the sewer. However, some enterprises endure peak water usage during the winter months and therefore should be exempt from the policy. If so exempted from this Section, the monthly sewer charges shall be based upon the current month's water usage. The following customers are exempt from the winter averaging policy:
1. 
Smithville School District.
2. 
Any public or private hospital.
3. 
Any commercial car wash.
F. 
The City Administrator, or designated representative, shall have the authority to amend bills for water and sewerage services attributable to billing process errors and/or discrepancies, or where the City Administrator, or designated representative, determines that a bill does not present a fair usage amount.
[R.O. 1991 § 705.060; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
A. 
If any customer has failed to make payment of any bill by the specified date and time as indicated on the customer's bill, a delinquent charge shall be applied to the customer's account, as set forth in the City's Schedule of Fees.
B. 
Delinquent charges from a customer's discontinued account may be transferred to an active account of the same customer.
C. 
Any delinquent charges due on terminated accounts may be submitted to a collection agency or forwarded to the City Attorney's office for further collection actions.
[R.O. 1991 § 705.070; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
Application for water and sewerage services shall be made by the owner or occupant of the property to be served, and upon the approval of such application, such applicant shall have the right to connect with the City's combined waterworks and sewerage system, all costs of such connection to be borne by such applicant. A deposit is required to be paid by any such applicant at the time of his/her application.
[R.O. 1991 § 705.080; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017; Ord. No. 2992-18, 3-20-2018]
Deposits for water service shall be as set forth in the City's Schedule of Fees and shall be retained to insure payment of all bills. When service is discontinued to the applicant permanently, the deposit, less any amount due the City for water or other services, shall be refunded without interest.
[R.O. 1991 § 705.090; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
A. 
A customer shall be liable for all water service furnished to a premises until such time as the customer has properly notified the City to discontinue the service for the customer's account.
B. 
New accounts may not be established until the applying customer has satisfied any and all delinquent balances on any other account.
[R.O. 1991 § 705.100; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017; Ord. No. 2992-18, 3-20-2018]
A. 
In the event the customer has concerns about the accuracy of the meter serving their account, the City offers two (2) separate options for the customer concerns to be addressed. The two (2) options perform two (2) separate and distinct functions, depending upon the customer concern. To request either of these services, the customer shall submit a request on a form provided by the City for such request.
B. 
The cost and results of these services are as follows:
1. 
Data Logs. The water meter maintains the hourly usage of water for a maximum of one hundred eighty (180) days in its electronic storage system. If a customer has concerns about their water usage, a data log report will allow them to identify how much water is being used on an hourly basis. To obtain this data, the customer shall submit a request form authorizing the City obtain the data log and agree to the charge for such services as identified in the Schedule of Fees. These charges shall appear on the next regular bill.
2. 
Meter Tests.
a. 
If the customer believes that the water meter is providing inaccurate water usage readings, individual meters can be removed and sent to a third-party testing service to determine its performance. The City has adopted the American Water Works Associations standards, which include the specifications for meter performance. Those standards identify a meter as accurate if it reads the amount of water passing through at +/- two percent (2%).
b. 
In order to obtain this test, the customer shall submit a request form that the City conduct a meter test using an independent third-party testing services and agree to pay the cost of such testing in accordance with the Schedule of Fees and this policy. The customer will only be billed the costs of testing if the meter does not exceed one hundred two percent (102%) of the actual water usage. The customer is entitled to a bill adjustment in the event the test result exceeds one hundred two percent (102%). The billing or adjustments shall occur as follows:
(1) 
If the test reveals that the meter reading exceeds one hundred two percent (102%) of the actual water passing through during the test, it is considered inaccurate and the customer is entitled to a bill adjustment. The period of adjustment shall be the two (2) prior billing cycles and the time of the current cycle that includes the inaccurate meter. The water and wastewater charges shall be reduced to reflect a one hundred percent (100%) reading from the inaccurate readings. If the period of inaccuracy includes any time associated with calculating the winter average for the account, such winter average will also be reduced.
(2) 
If the test reveals that the meter reading does not exceed one hundred two percent (102%), then the customer will be charged the testing fees as listed in the Schedule of Fees. In no event will the customer be billed for water in the event the test reveals the meter reading below one hundred percent (100%).
[R.O. 1991 § 705.110; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017; Ord. No. 2989-18, 2-6-2018; Ord. No. 2992-18, 3-20-2018]
A. 
Definition And Conditions.
1. 
As used in this Section, the following terms shall have the meanings indicated:
MONTHLY AVERAGE
The amount of water usage calculated in accordance with Section 705.050(C); or if no such average has been established in accordance with that Section, then the average shall be the total number of gallons of water used divided by the total number of months billed.
NON-RESIDENTIAL WASTEWATER ADJUSTMENT
A financial adjustment to an account not categorized as residential in the City utility billing system to the wastewater portion of a utility bill related to a water leak.
WATER AND WASTEWATER LEAK ADJUSTMENT
A financial adjustment to an account categorized as residential in the City utility billing system to a utility bill related to a water leak.
2. 
The Board of Aldermen may consider approving a leak adjustment under the following conditions:
a. 
The customer notifies the City staff of a water leak and requests a leak adjustment.
b. 
Water consumption for the month in question is more than two (2) times the monthly average for this property (for each month involved in the leak).
c. 
Leak adjustments may occur only once in any thirty-six-month period and shall cover a single event only [up to a maximum of two (2) monthly utility bills].
d. 
The adjustment request must include a plumber's repair receipt, material and supplies receipts or other proof that the leak has been repaired.
e. 
Upon receipt of the documentation and/or confirmation of billing history as required in Subsection (A)(2)(a) through (d) above, City staff will prepare a draft adjustment request in accordance with this policy for the Board of Aldermen agenda where the adjustment may be considered.
f. 
The resident shall be sent a copy of the adjustment request, and must attend the scheduled Board hearing on the matter. Failure to be present to provide information or answer questions at that hearing is cause for the Board to deny the request.
B. 
No adjustments shall occur when any of the following exist:
1. 
Excessive use is due to the customer's usage decisions, such as seasonal use, sod watering, gardening, filling swimming pools/spas, etc.
2. 
Excessive use is due to a third party from whom the customer can recover costs (theft, vandalism, construction damage, etc.).
3. 
Excessive water volume extends beyond the first two (2) months of a multi-month leak.
4. 
Leak adjustment has occurred for this property within the past thirty-six (36) months.
C. 
Adjustment Calculations.
1. 
The adjusted bill(s) shall charge the normal water rate on all water volume used up to two (2) times the average monthly water use for this property.
2. 
The adjusted bill shall also charge the City's wholesale water purchase rate as listed in the Schedule of Fees on all water volumes greater than two (2) times the average monthly water use for this property.
3. 
If the leak is inside the home, the wastewater bill shall not be adjusted because the water will have drained into the sanitary system of the home. If the leak is outside the home, the wastewater portion of the bill will be adjusted to reflect the average monthly usage for the property.
D. 
Rules Upon Resolution Of Request By The Board.
1. 
Upon resolution by the Board of Aldermen, the customer shall make payment in full or make payment arrangements with City Hall in accordance with the then current payment policies no later than ten (10) days following the Board hearing.
2. 
If the customer fails to comply with the payment obligations above within the allotted ten (10) days, then the account shall be treated as past due and be subject to the imposition of late fees and discontinuance of service in accordance with the regular billing procedures of this Chapter.
E. 
Wastewater Adjustment On Non-Residential Utility Bills. Any non-residential utility account that experiences a water leak outside of the structure served by the account shall, upon submittal of proof of repair of such leak to the City, be entitled to an adjustment to the wastewater portion of such bill to an amount equal to the account's average monthly usage that existed prior to such leak, and in no event shall there be an adjustment to the water portion of the utility bill.
[R.O. 1991 § 705.120; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
A. 
Service may be discontinued for any of the following reasons:
1. 
For non-payment of any water bill due and owing or for any fee or charge accruing under this Chapter:
a. 
Returned payments will be charged back to the customer's account and a fee will be added to the account and subject to penalties as set forth by City policy;
b. 
Service for these accounts may be discontinued without further notice;
2. 
For willful or indifferent wastes of water due to any cause;
3. 
For failure to protect and maintain the service pipe of fixtures on the property of the customer in a condition satisfactory to the Water Department;
4. 
For tampering by the customer or others with the knowledge of the customer with any meter, connection, service pipe, curb cock, seal, or any other appliance of the City controlling or regulating the customer's water supply;
5. 
For failure to provide the City free and reasonable access or for obstructing the way of ingress to the meter or other appurtenances controlling or regulating the customer's water supply, exclusive of the public main:
a. 
After five (5) days' notice, the Department may take reasonable actions to gain access to the meter at the customer's expense;
b. 
Reasonable action includes, but is not limited to, towing of vehicles, excavation of driveways, sidewalks, parking areas and landscaping;
6. 
For violation of any rule or regulation of the Department.
B. 
Discontinuing the supply of water to a premises for any reason shall not prevent the Department from pursuing any lawful remedy by action at law or otherwise for the collection of monies due from the customer.
C. 
When water service to a customer has been terminated for any of the above-stated reasons, other than temporary vacancy of the premises, it will be reestablished only after the conditions, circumstances, or practices which caused the water service to be discontinued are corrected to the satisfaction of the Department, and upon payment of any charges due and payable by the customer in accordance with this Chapter and as set forth in the City's Schedule of Fees and Charges. Credit card, debit card, cash, or money orders shall be the only forms of payment accepted to reestablish the account and for the water to be turned on.
[R.O. 1991 § 705.130; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
No water shall be turned on for service in premises in which the plumbing does not comply with the ordinances of the City, provided that water may be turned on for construction work in unfinished buildings, subject to the provisions of this Chapter.
[R.O. 1991 § 705.140; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
A. 
No customer system which is constructed, expanded, modified, or repaired after January 1, 1989, and is connected to the public drinking water system shall contain lead base materials.
B. 
If lead base materials have been used in the construction, expansion, modification, or repair of a customer system which occurs after January 1, 1989, and which customer system is attached to the public drinking water system, due notice shall be given to the customer. The customer shall immediately comply by having the lead base materials removed from the plumbing system and replaced with lead free materials. If the lead base materials are not removed from the plumbing system, the City shall have the right to discontinue water service to the premises.
[R.O. 1991 § 705.150; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
A. 
Water Connection Fee.
1. 
No connections to a water main shall be made without application and payment of applicable fees prior to said connection.
2. 
All such connections shall be made by the City of Smithville at the full expense of the applicant. Said expense to include the cost of materials, supplies, labor and equipment as established by the City's Schedule of Fees.
B. 
Special Service Connection Fees. In addition to the provisions of Subsection (A), residential and commercial properties located in Section 10, Township 53N, Range 33W, Block 4, except Lot 6, legally described as follows and on file in the City offices, shall pay an installation fee of one thousand dollars ($1,000.00) in consideration of additional expenses incurred by the City of Smithville for installation of water service to said properties. In the event that fees in excess of one thousand five hundred dollars ($1,500.00) were paid by a property owner for water service in the above-described area, said property owner shall be entitled to a refund equal to the amount paid less the appropriate connection fees as described in this Subsection and Subsection (A).
C. 
Water Impact Fees.
1. 
At the time of application for water service connection, the applicant shall pay a water impact fee based upon water meter size, according to the City's Schedule of Fees.
2. 
All such funds collected as an impact fee in this Section shall be kept in a fund to be used only for capital improvement projects that expand capacity of the system, including, but not limited to, new water lines, upsizing existing water lines, installing booster pumps, or installing loops to increase pressure or security of the system.
[R.O. 1991 § 705.160; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
All service pipes from the mains to the premises served shall be installed by, and at the cost of, the owner of the property to be served or the applicant for the service. Such installation shall be under the supervision of the Building Inspector.
[R.O. 1991 § 705.170; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
A. 
All repairs for water lines, sewer lines, and other related appurtenances due to damage while making underground excavations shall be at the expense of the person or persons causing said damage if no attempt was made to have said utility lines, etc., located or the person or persons were so grossly negligent that such damage could have been easily avoided. Such repair costs shall include the cost of supplies, the cost of labor, the cost of equipment, and in the case of water utility damage, the cost of lost water.
B. 
All repairs for service pipes and plumbing systems of buildings shall be made by and at the expense of owners of the premises served, provided that for the purpose of this Section, service pipes shall be those service pipes from the water meter to the building. The City may, in an emergency, repair any service pipes, and if this is done, the costs of such repair work shall be repaid to the City by the owner of the premises served.
[R.O. 1991 § 705.180; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
Excavations for installing service pipes or repairing the same shall be made in compliance with the ordinance provisions relating to making excavations in streets, provided that it shall be unlawful to place any service pipe in the same excavation with, or directly over, any drain pipe or sewer pipe.
[R.O. 1991 § 705.190; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
It shall be unlawful for any person not authorized by the City to tamper with, alter or injure any part of the City waterworks or supply system, or any meter. Upon conviction, there shall be imposed a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00).
[R.O. 1991 § 705.200; Ord. No. 2932-15 § 1, 9-1-2015; Ord. No. 2980-17, 10-3-2017]
Any person violating the provisions of this Chapter shall upon conviction be subject to a fine and/or imprisonment as set out in Section 100.220 of this Code. Each such day such violation shall continue shall be deemed to be a separate offense.