[Ord. No. 1308 §2-1, 3-19-2001; Ord. No. 1312 §2, 5-7-2001; Ord.
No. 1447 §§1 — 2, 6-21-2004]
A.
APPLICANT
BUILDING SERVICE PIPE
BUILDING WATER PIPING
CUSTOMER
DEPARTMENT
OWNER-CUSTOMER
PREMISES
1.
2.
3.
4.
PUBLIC WATER MAIN
TENANT-CUSTOMER
WATER SERVICE CONNECTION
1.
2.
Definitions. The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
The owner or the owner's duly authorized representative,
such as builder, developer, or plumber, who applies for a water service
connection.
The extension from the end of the water service connection
to the inner face of the building wall.
All water lines from the building service pipe to the points
of ultimate use where water is exposed to the atmosphere.
The party who has applied for continuing water service and
will be responsible for paying periodic bills. Each customer shall
be served by a separate water service connection.
The department of the City charged by the City Administrator
with the duty to implement the provisions of the particular ordinance
Section.
The customer who owns the premises to which water service
is provided.
Each residence dwelling structure;
Each residential dwelling unit in a duplex, triplex, apartment
building, or any other building used for residential purposes;
Each unit contained in any structure serving separate tenant,
lessee or owner and used for any purpose other than residential;
Each structure or group of contiguous structures owned, rented
or leased by one (1) person and occupied by that person, except that
the following shall be considered one (1) premises:
A water main in which all owners of abutting properties have
equal rights and is controlled by the City.
The customer who rents the premises to which water service
is provided.
The water service line from public water main to the applicant's
property line, and:
Where meter is installed at or near the property line, water
service connection shall include corporation cock, service pipe to
meter, the meter box, meter, and curb stop.
When meter is installed inside the owner's building, water service
connection shall include corporation cock, service pipe to curb stop
located at or near property line, meter at location provided by applicant,
meter box, if required, and curb stop.
B.
Applicability.
1.
The rules and regulations set forth in this Article, or as they may
be altered or amended, shall govern the rendering of water service,
including the extension of mains and making connections thereto, and
every customer upon signing an application for any service rendered
by the City or upon the taking of water service shall be bound thereby.
2.
Employees or agents of the department are expressly forbidden to
demand or accept any compensation for any service rendered to its
customers except as covered by these rules and regulations and the
effective schedule of rates.
3.
No employee or agent of the department shall have the right or authority
to bind it in any promise, agreement or representation contrary to
the letter of intent of these rules and regulations.
C.
Complaints. Any complaint against the service or employees
of the department shall be made at the office of the department and
preferably in writing.
D.
Free Service Prohibited — Service To Governmental Agencies. There shall be no free service rendered by the department, and if
any local, State or Federal Government or any department, agency or
instrumentality thereof or any other public body shall desire service
to be rendered by the department, it shall apply for and receive such
service pursuant to the rules and regulations contained herein and
shall pay for the service at the established rates, fees and other
charges.
E.
Special Contracts. The City may enter into contracts with
any person, including municipalities, sanitary departments and other
political subdivisions and public bodies, for the rendering of any
unusual or extraordinary water service; provided however, that the
rates or charges to be paid thereunder shall not be less than an amount
which is fair and equitable, taking into account the cost to the department
of providing such service.
F.
Pressure And Continuity.
1.
The department does not guarantee a sufficient or uniform pressure
or an uninterrupted supply of water, and customers are cautioned to
provide sufficient storage of water where an absolutely uninterrupted
supply must be ensured.
2.
In high level sections where pressure is low, the customer shall,
if the customer desires a higher pressure than furnished at the mains
of the department, install at the customer's own expense a tank or
booster pump of a type approved by the department and with installation
approved by the department.
3.
Where the pressure to a customer's premises is greater than the customer
wishes, it shall be the customer's responsibility to install the proper
regulating device to reduce the pressure to the extent desired.
4.
The department shall have the right to require the adjustment, modification
or removal of any quick opening or closing valve or other device installed
in a premises, the operation of which results in an unreasonable fluctuation
of pressure in the department's system.
5.
In the event of a water shortage, the department may restrict the
use of water in the interest of public welfare and shall have the
right to interrupt service to customers.
G.
Interruptions In Supply.
1.
The department may at any time shut off the water in the mains in
case of accident for the purpose of making connections, alterations,
repairs, changes or for other reasons and may restrict the use of
water to reserve a sufficient supply for public fire service or other
emergencies whenever the public welfare may require it.
2.
While it is the intention of the department to give notice in advance
of any work that must be done that will necessitate any interruption
of the supply, such notice shall be considered a courtesy and not
a requirement on the part of the department. Property owners shall
so regulate their installations connected with the water supply system
that damage will not occur if water is shut off without notice.
3.
The department will undertake to use reasonable care and diligence
in order to prevent and avoid interruptions and fluctuations in the
service, but it cannot and does not guarantee that such will not occur.
H.
Plumbing To Comply With Applicable Codes. The plumbing
on all premises supplied by the department's water system shall conform
to all applicable Codes adopted by City.
I.
Service Connections.
1.
Before a water service connection is provided, the applicant shall
make application for water service upon forms prescribed by the department.
Upon approval of the application and payment of the applicable charges
in effect at the time of approval, the water service connection shall
be installed. A separate water service connection shall be required
for each premises unless otherwise determined by the department.
2.
The applicant shall secure all necessary permits for installation
of the water service connection. The applicant shall provide forty-eight
(48) hours' notice to the department for installing the service connection.
The charges listed in the rate schedule assume only one (1) call to
make the connection. Additional calls will be made at the expense
of the applicant in the amount listed in the rate schedule.
3.
The consumer, at the time of application for service, shall furnish
finish grade information for proper vertical location of the meter
box. The applicant's plumber or contractor approved by the City shall
connect the building service pipe to the service line installed by
the department.
4.
The department will determine the location, size, kind and quality
of all materials entering into the water service connection.
5.
The water service connection shall remain the property of the City
and be under its sole control and jurisdiction and will be maintained
by the department at its expense.
6.
Special connections for fire service or for service of a temporary
nature shall be installed, maintained, replaced and removed at the
expense of the customer by the department.
J.
Building Service Pipe.
1.
The department will specify the size, kind and quality of the pipe
that shall be installed by the applicant between the curb cock, if
installed at the property line, and the location of the meter.
2.
The applicant's building service pipe and all connections and fixtures
attached thereto shall be subject to the inspection and approval of
the department before the water will be turned on.
3.
The applicant's building service pipe shall be installed at least
three (3) feet, six (6) inches below final grade and at least ten
(10) feet in a horizontal direction from any sewer pipe or other facilities,
public or private, unless otherwise specifically authorized or approved
by the department. Where a common trench is approved, the provisions
of the Plumbing Code and ordinances governing sewers shall apply.
4.
In backfilling the trench, rock or ashes shall not be permitted within
one (1) foot of the service pipe and clean soil shall be filled in
to a depth of at least one (1) foot over the service pipe.
5.
The applicant shall install a stop and waste cock of a type approved
by the department on the building service pipe immediately inside
the foundation wall of the building served and so located as to be
easily accessible to the occupants and to provide proper drainage
for all of the pipelines in the building and the meter if installed
in the building. If the meter is located in the building, provision
for sealing the stop and waste cock must be installed.
6.
No fixture shall be attached to and no branch shall be made in the
building service pipe between the meter and the public water main
except where two (2) or more meters are on the same service (apartments,
etc.).
7.
Any repairs, maintenance, replacement or relocation necessary on
the customer's building service pipe or fixtures in or upon the customer's
premises shall be performed by the customer at the customer's expense
and risk.
K.
Meter Installations And Maintenance.
1.
The applicant will determine the location, type and size of meter
to be installed. The location of the meter shall be approved by the
department and in a location that is convenient for service.
2.
Meters furnished and installed by the department (five-eighths (⅝) inch by three-fourths (¾) inch only) and meters furnished and installed by the applicant will become the property of the department. If and when the department authorizes the applicant to furnish and install meters, the applicant shall install brands and models specified by the department. Separate meters used by commercial and industrial users to measure the volume of water associated with water cooling towers and/or lawn sprinkling systems in order to determine adjustments to sewer charges pursuant to Section 700.360 shall be approved by the department and furnished, installed and maintained by the commercial and industrial users.
3.
Where meters are installed within a building, the customer shall
provide at the customer's expense a readily accessible and protected
location for the installation of the meter at such a point as will
control the entire supply to the premises, which location shall be
acceptable to the department as convenient for its service. A valve
shall be installed on the supply side of the meter with provisions
for sealing the service.
4.
Unless otherwise determined by the department, each premises shall
be supplied through a separate meter or, if necessary and at the option
of the department, through a separate battery of meters. Where a battery
of meters is installed, the registrations of such meters shall be
combined for billing purposes and shall be subject to a minimum charge
equal to the sum of the minimum charged for the meters comprising
the battery setting. Where, however, a premises is supplied through
more than one (1) service, unless otherwise provided in contracts
entered into therefor, the registration of the meter installed on
each such service shall be billed separately, subject to the minimum
charge for each meter.
5.
Meters will be maintained by the department at its expense insofar as ordinary wear is concerned, but damage to any meter due to hot water, freezing, or other natural causes arising out of or caused by the customer's facilities, operations, negligence or carelessness shall be paid for by the customer, except, however, that the department will be responsible for damage to meters due to freezing in outside meter vaults. The department shall not be responsible for maintenance or damage to any separate meters installed by commercial and industrial users to measure the volume of water associated with water cooling towers and/or lawn sprinkling systems in order to determine adjustments to sewer charges pursuant to Section 700.360.
6.
The customer shall promptly notify the department of any defect in
or damage to the meter or its connection.
L.
Meter Tests And Tests Fees.
1.
All meters will be accurately tested before installation. Meters
will also be periodically tested in accordance with accepted practice.
The department may at any time remove any meter for routine tests,
repairs or replacement.
2.
The department will upon request of a customer, and if the customer
so desires in the customer's presence or that of the customer's authorized
representative, make without charge a test of the accuracy of the
meter in use at the customer's premises, provided that the meter has
not been tested by the department within a period of one (1) year
previous to such request, and that the customer agrees to abide by
the results of such test in the adjustment of disputed charges. A
written report of the results of the test will be furnished the customer.
3.
Should said meter test be over two percent (2%) fast, adjustment
shall be made to correct the customer's consumption of up to one (1)
year. Should the meter at the customer's premises test beyond two
percent (2%) slow, adjustment will likewise be made.
4.
Should the customer request more than one (1) test within a one (1)
year period, the department shall charge a flat rate for testing the
meter (should it be within the two percent (2%) fast-slow range) to
be updated annually to correspond with operating procedures. Should
a test result be within the allotted range, the charge shall be based
on the average hourly salary of department personnel. If the test
should occur after normal working hours, the rate shall be at one
and one-half (1½) times the normal charge.
M.
Customers' Deposits.
1.
The department will require of any applicant for continuing service
a deposit to secure the performance of the customer of the terms and
conditions of the department under which water service is supplied.
2.
Any contractor or builder applying for installation of water service
shall first deposit with the department the sum of fifty dollars ($50.00).
The deposit shall be retained by the department as security against
any or all water usage during construction by the builder so long
as the builder continues to do construction work in the City. No builder
shall be required to put up more than one (1) fifty dollar ($50.00)
deposit.
3.
Sewer service charges shall not be assessed on construction water.
4.
The department will refund tenant-customer and business deposits
without interest when service is discontinued and any charges due
on final settlement on the customer's account are deducted.
5.
Builder's deposits will be refunded only after the building has passed
the final occupancy inspection. Application for refunds of deposits
must be made on forms provided by the department.
6.
Customers whose service has been terminated for non-payment shall
be required to deposit an amount equal to the delinquent payment and
such deposit will be refunded under the provisions of this Section.
N.
Availability Of Facilities For Inspection. The service
pipes, meters and fixtures on the customer's premises shall be accessible
to the department for observation or inspection at reasonable hours.
P.
Liability For Charges. A customer who has made application
for or received water service at a premises shall be held liable for
all water service furnished to such premises until such time as the
customer has properly notified the department to discontinue the service
for the customer's account.
Q.
Billing For Water Service.
1.
Customers are responsible for furnishing the department with their
correct addresses. Failure to receive bills will not be considered
an excuse for non-payment nor permit an extension of the date when
the account will be considered delinquent.
2.
If bills are to be sent to an address other than the premises served,
the department shall be notified in writing by the customer of any
change of address.
3.
If requested in writing by the owner-customer, the department will
send bills to and receive payments from agents or tenant-customers.
However, this accommodation will in no way relieve the owner-customer
of the liability for all water charges, and the department will not
be obligated to notify the owner-customer of the non-payment of water
bills by such agent or tenant-customer.
4.
Payments shall be made at the office of the Collector or at such
other places as may be designated by the department.
5.
The department reserves the right to correct any bills rendered in
error.
6.
Each customer shall be billed separately for service.
7.
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 an average of the consumption shown by
three (3) previous consecutive billing periods or, in the case of
a new customer, a reasonable estimate of consumption will be used.
8.
Bills for metered water service will be rendered monthly.
R.
Terms Of Payment — Delinquent Charges — Non-Payment. The procedure for establishing terms of payment, imposition of delinquent charges and consequences of non-payment shall be the same as required in Section 700.185.
S.
Abatement Of Charge And Refunds. There shall be no abatement
of the minimum water charges, in whole or in part, by reason of the
extended absence of the customer, unless service has been discontinued
at the customer's request, and no abatement shall be made for leaks
or for water wasted by improper or damaged service pipes or fixtures
belonging to the customer; except, however, that in the case of an
underground leak, an adjustment may be made of fifty percent (50%)
of the amount of excess in a bill due to this cause based on an average
of the previous three (3) consecutive periodic bills, provided the
customer promptly and properly repairs such leak when detected.
T.
Air-Conditioning Systems. No air-conditioning system shall
be connected to the department's system which has a demand of over
five (5) gallons per minute unless such system provides for the recirculation
of water or conserves water by other equally effective means so that
the only water required from the department's system will be makeup
water due to loss through evaporation or spillage.
U.
Public Fire Hydrants.
1.
When and to the extent that funds may be available therefor, the
department will install, at its expense, public fire hydrants whenever
and wherever in its opinion such hydrants may be required to provide
adequate fire protection service. Upon the written request of and
upon payment of applicable availability charges by any commercial,
industrial or governmental unit or other interested party, the department
will install and connect additional public fire hydrants on public
property.
2.
After the installation of each hydrant, the department will assume
the ownership, maintenance and operation thereof and will pay for
any replacement or relocation that may become necessary.
3.
The following provisions shall apply to all public fire hydrants:
a.
The use of public fire hydrants shall be restricted to the taking
of water for the extinguishment of fires and water shall not be taken
from any public fire hydrant for construction purposes, sprinkling
streets, flushing sewers or gutters, or for any other use, unless
specifically permitted by the department for the particular time and
occasion.
b.
The department shall not be considered in any manner an insurer of
persons or property, to have undertaken to extinguish fires, or to
protect any persons or property against loss or damage by fire or
otherwise and shall not be responsible to any person for any loss,
damage or injury by reason of fire, water, failure to supply water
or pressure, or any other cause whatsoever.
c.
The department shall not be required to extend its mains for the
purpose of supplying public fire hydrants that may be desired except
under mutually acceptable arrangements to defray the installation
cost of such extensions.
V.
Private Fire Protection.
1.
Systems connected directly to department mains for fire protection
shall be constructed by and at the expense of the customer according
to plans and specifications approved by the department and subject
to inspection during and following construction.
2.
Private fire protection systems and hydrants shall be used solely
for the extinguishing of fire or, upon approval by the department,
for fire drill or for testing of equipment.
3.
No connections for water service for uses other than fire protection
shall be made to any private fire protection system.
4.
The addition of any hydrant, sprinkler heads or other outlets shall
be reported immediately to the department.
5.
For violation of this Section, the City may discontinue service,
refunding any unearned portion of payment made in advance. The department
reserves the right to require the customer to install approved detector
check valve with bypass, including meter installed in such bypass,
as a condition requisite to restoration of service.
[Ord. No. 1308 §2-2, 3-19-2001]
A.
The
following rates and charges shall apply to all customers receiving
City water services through permanently installed meters.
[Ord. No. 1308 §2-3, 3-19-2001]
A.
The
department will furnish, subject to availability, temporary hydrant
meters with the following charge schedule and regulations:
1.
The customer shall deposit the amount of seventy-five dollars ($75.00)
with the department as security for payment of water usage and meter
use, with such deposit to be returned to the customer upon payment
in full at final billing of all charges for water usage and the use
of the meter.
2.
A service charge of twenty-five dollars ($25.00) shall be paid by
the customer for the initial installation of the meter and a similar
charge paid each time the department is required to move the meter.
The temporary hydrant meter shall not be moved except by the department.
3.
All temporary hydrant meters will be disconnected and billed on final
billing by December first (1st) of each year and such meter will not
be connected between December first (1st) and March first (1st) of
the following year.
4.
Temporary hydrant meters shall be billed at least once a month at
a rate of two dollars seventy-five cents ($2.75) per one thousand
(1,000) gallons of water with a minimum charge of twenty dollars ($20.00)
per month.
[Ord. No. 1308 §2-4, 3-19-2001; Ord. No. 1513 §1, 6-5-2006]
A.
Each
applicant shall pay a meter setup fee for a new water service connection.
B.
For
taps sizes one (1) inch and smaller served by five-eighths (⅝)
inch by three-fourths (¾) inch meters, the charge shall include
the cost of materials and labor provided by the City plus an allowance
for overhead. The actual cost shall include all materials such as
corporation stop, meter setting, meter well, meter lid and ring. The
actual cost shall also include the labor required to tap the water
main. The applicant shall perform all work including excavation, backfill,
restoration and installation of the building service line from the
tap to the meter well and from the meter to the building. The department
will furnish and install the meter and meter box in the applicant's
excavation. The applicant shall provide the copper service line.
C.
The
City's schedule of fees and charges, adopted by resolution of the
Board of Aldermen, lists the meter setup fee by size of tap for taps
size one (1) inch and smaller.
D.
For
taps larger than one (1) inch in size and for meters larger than five-eighths
(⅝) inch by three-fourths (¾) inch, the applicant shall
provide the materials and labor necessary to tap and connect to the
water main, furnish and install the corporation cock and valve, service
pipe to the meter box or vault, curb stop, meter vault if the meter
is larger than one (1) inch, meter, building service pipe, excavation
and backfill. The meter setup fee shall include the actual cost of
materials provided by the City.
E.
The
City's schedule of fees and charges, adopted by resolution of the
Board of Aldermen, lists the meter setup fee by size of tap for taps
larger than one (1) inch in size.
[Ord. No. 1308 §2-5, 3-19-2001; Ord. No. 1447 §3, 6-21-2004; Ord.
No. 1513 §1, 6-5-2006]
When it has been necessary to discontinue water service to any
premises because of a violation of this Section or because of non-payment
of any bill, a charge of twenty-five dollars ($25.00) will be made
for turning on the water and re-establishing the account unless the
turn-on service is provided outside normal working hours in which
case the charge shall be thirty-five dollars ($35.00). This charge,
together with any arrears that may be due the department for charges
against the customer, shall be paid before the water will be turned
on.
[Ord. No. 1308 §2-6, 3-19-2001; Ord. No. 1513 §1, 6-5-2006]
A.
The
local facilities charge shall apply to those applicants for water
service who did not construct the main adjacent to or serving their
property.
B.
Applicants
for residential service connecting to department mains shall pay one-half
(½) the cost of an equivalent six (6) inch main for local service
and fire protection as listed in the schedule of fees and charges.
C.
Commercial
applicants requiring a main size of only six (6) inch diameter for
local service and fire protection shall pay one-half (½) the
cost of an equivalent six (6) inch main as listed in the schedule
of fees and charges.
D.
Industrial
or commercial applicants requiring mains larger than six (6) inches
for fire protection and/or water service shall pay the cost of service
mains through their property or not less than one-half (½)
the cost of said mains adjacent to other applicant's property.
E.
The
local facilities charge shall be payable at the time of application
for water service and shall be based upon the length of front footage
of property to be served by the connection. The length of front footage
shall be as shown on recorded plats of subdivided areas. For areas
not subdivided, the local facilities charge shall be based upon a
frontage of not less than seventy (70) feet and no more than one hundred
fifty (150) feet for single-family residences and not less than the
front frontage length of the property for all other applicants.
[Ord. No. 1308 §2-7, 3-19-2001; Ord. No. 1513 §1, 6-5-2006]
A.
Findings. The Board of Aldermen of the City of Oak Grove,
Missouri (hereinafter "Board of Aldermen") hereby finds and declares
that:
1.
The City of Oak Grove, Missouri (hereinafter "City") has experienced
rapid population growth during the 1990's and 2000's and a corresponding
increase in the demand for water service.
2.
The Oak Grove Comprehensive Plan and the current experience of the
City indicates that growth will continue into the twenty-first (21st)
century.
3.
New growth results in new connections to the City's water system,
placing an increased demand upon water service facilities, in excess
of the water system's current capabilities.
4.
The City must expand its water system if new connections are to be
accommodated without decreasing the level of service to existing connections.
5.
Water Distribution System Master Plan, commissioned by the City and
updated from time to time, identifies additional water service facilities
that are needed to serve existing connections and new connections
to the water system.
6.
The City has examined the additional water service facilities needed
to serve existing connections and new connections to the water system
and has segregated projects and costs attributable to existing connections
from projects and costs attributable to new connections.
7.
The City assumes responsibility for and is committed to providing
water service facilities necessary to serve existing connections through
funding mechanisms other than water tap fees.
8.
To the extent that new connections will place additional demand upon
water system facilities, that demand should be met by shifting the
responsibility for financing such facilities from the general public
to the connections creating the demand.
9.
The imposition of an availability charge will help ensure that new
connections to the water system bear a proportionate share of the
cost of water facilities necessary to accommodate new connections.
10.
The water service facilities necessary to accommodate new connections
have a "rational nexus" to and provide benefit to new connections
when they tap into the water system because the facilities as a whole
increase the supply and transmission capacity of the system, making
service to new connections possible.
11.
The Board of Aldermen has considered the matter of financing new
water service facilities, the need for which is necessitated by new
connections. The Board of Aldermen hereby finds and declares that
a tap fee imposed upon new connections to finance water service facilities,
the need for which is reasonable related to new connections, furthers
the public health, safety and welfare of Oak Grove. Additionally,
with the continued growth of the City and the need for additional
facilities, the Board of Aldermen finds and declares that the tap
fee should be revised and updated as Water Distribution System Master
Plans are revised and updated. Therefore, the Board of Aldermen deems
it advisable to adopt the Section as hereinafter set forth.
B.
Intent.
1.
It is the intent of this Section to impose a tap fee, payable prior
to the approval of a new water service connection, in an amount based
upon the demand for water attributable to the new connection and the
cost of constructing water service facilities needed to serve the
new connection.
2.
It is the intent of this Section that, by establishment of this system
of calculating and imposing water tap fees, a new water service connection
to the City's water system will pay its pro rata share of reasonably
anticipated costs of water service facilities required to serve such
new connection and that the fees paid with respect to each new connection
are roughly proportionate, both in nature and extent, to the demand
that such new connection will place on water service facilities.
3.
It is the intent of this Section to establish an appeal procedure
to allow for an individualized determination that the tap fee imposed
on each new connection is roughly proportionate to the demand that
the new connection will place on water service facilities.
4.
It is the intent of this Section that the water service facilities
financed through the tap fees established hereby be based, when applicable,
upon the City's Comprehensive Plan and capital improvement program
and are consistent therewith.
5.
This Section shall not be construed to authorize imposition of a
tap fee for water service improvements attributable to existing connections.
6.
It is the intent of this Section to establish a water system user's
fee, imposed upon new connections to the City's water system, and
not to levy a "tax" or "fee" as such term is used in Section X, Section
22 of the Missouri Constitution.
7.
It is the intent of this Section to establish a system of user's
fees, as "user's fees" are interpreted in Missouri case law, that
will be used to pay for the cost of providing water service facilities,
the demand for which is generated by new connections. The amount of
the user's fee to be paid by each new connection is calculated to
be directly proportionate to the demand for water service facilities
created by each such new connection. This Section is specifically
designed so as not to establish a "tax" or "fee" as such terms are
used in Section X, Section 22 of the Missouri Constitution but rather
as a mechanism to equitably shift the burden of the cost of such facilities
from the existing general public (which has already paid its fair
share of the cost of the existing water system and which will continue
to pay for the cost of improvements to serve existing connections,
maintenance and repair through funds other than those derived from
the system of user's fees) to new connections that will generate the
need for water service facilities that will be constructed with monies
derived from this system of user's fees. The monies collected from
imposition of this system of user's fees are to be used to offset
the cost of providing water service to new connection in the form
of water service facilities and the system is designed to ensure that
such monies collected may only be expended to provide such services.
The monies may not be paid into the City's General Fund to defray
customary governmental expenditures. In addition, the system is designed
so that the user's fee:
a.
Is paid upon the approval of designated development applications
not periodically;
b.
Is required to be expended for the provision of water facilities
that directly benefit the connection that has generated the need for
such facilities within a reasonable period of time from the date such
fee is paid;
c.
Is directly proportional in amount to the water facilities provided;
and
d.
Is for a service that has not been historically provided exclusively
by monies derived from taxes.
C.
Authority. In the creation of the water tap fee, the City
is exercising its local authority including, but not limited, to its
Police powers pursuant to Chapters 79, 88 and 91, RSMo., as amended.
The aforementioned provisions authorize the City to provide and finance
water service facilities and to provide for the health, safety and
general welfare of the City.
D.
Imposition Of Water Tap Fee.
1.
No application for a water service connection shall be approved unless
the applicant therefor, if so required, has paid the applicable water
tap fee imposed by this Section. Any application for a water service
connection approved by the City without payment by the applicant and
collection by the department of the applicable water tap fee as required
by this Section shall be null and void.
2.
Water service connections shall otherwise comply with all applicable
ordinances of the City.
3.
Approval of an application for a water service connection shall expire by limitation and become null and void if the connection has not been completed within ninety (90) days of the date of such approval. Upon expiration, the applicant may apply for a refund of the water tap fee in accordance with Subsection (H)(5) of this Section.
E.
Applicability.
1.
This Section shall not be applicable to applications for water service
connections otherwise necessary for:
a.
Room additions, remodeling, rehabilitation or other improvements
to an existing structure, provided there is no increase in demand
for water facilities;
b.
Rebuilding of a damaged or destroyed structure, whether voluntary
or involuntary, provided there is no increase in demand for water
facilities; or
c.
A change in occupancy without any increase in the demand for water
facilities.
2.
This Section shall be applicable to applications for water service
connection due to an increase in demand for water facilities. An increase
in demand for water facilities shall mean the replacement of an existing
water meter with a meter having a larger capacity capable of delivering
more gallons per minute than the existing meter and therefore creating
a higher demand for water service than the existing meter.
F.
Calculation Of The Water Tap Fee.
1.
The City shall calculate the water tap fee due for a new application
for service by:
a.
Determining the capacity multiplier of the size and type meter to
be used for the new connection, relative to a five-eighths (⅝)
inch by three-quarter (¾) inch displacement type meter pursuant
to the City's schedule of fees and charges; and
b.
Determining the equivalent impact units (EIUs) of the size and type
meter to be used for the new connection, relative to a five-eighths
(⅝) inch by three-quarter (¾) inch displacement type
meter pursuant to the City's schedule of fees and charges; and
c.
Multiplying the equivalent impact units by the water tap fee for
a five-eighths (⅝) inch by three-quarter (¾) inch displacement
type meter.
2.
Where this Section becomes applicable due to an increase in demand
for water facilities, the water tap fee due shall be equal to the
difference between the current fee for the new connection minus the
current fee for the existing connection.
Example: An existing customer applies to increase
an existing connection from a one (1) inch displacement meter to a
two (2) inch displacement meter. The water tap fee due shall be equal
to the current water tap fee for the two (2) inch displacement meter
minus the current water tap fee for a one (1) inch displacement meter.
G.
Administration Of Water Tap Fees.
1.
Collection of water tap fee. The City prior to
approving any application for service shall collect water tap fees
calculated and imposed pursuant to this Section.
2.
Transfer of funds to the Water Tap Fee Fund. Water tap fees shall be transferred for placement in the water tap fee fund account which has been established pursuant to Subsection (G)(3) below.
3.
Water tap fee fund account established.
a.
There is hereby established a separate water tap fee fund account
for the City.
b.
Funds withdrawn from the fund account must be used solely in accordance with the provisions of Subsection (G)(4) of this Section.
c.
Any funds not immediately necessary for expenditure shall be invested
in interest-bearing accounts. All interest earned shall be retained
in the fund account.
4.
Use of funds collected. The funds collected by
reason of this Section shall be used exclusively for the purpose of
undertaking water facilities projects or for financing directly, or
as a pledge against bonds, revenue certificates and other obligations
of indebtedness, the costs of water facilities projects.
H.
Refunds.
1.
Upon application of the current property owner, the City shall refund
the portion of any water tap fee that has been on deposit for more
than ten (10) years and that remains unexpended.
a.
The current owner of the property must petition the City for the
refund within six (6) months following the ten (10) year period. The
time for filing a refund petition shall run from the date on which
the water tap fee was paid.
2.
A tap fee collected pursuant to this Section shall be considered
expended if, within ten (10) years from the date of payment, the total
expenditures for water facilities necessary to serve new connections
exceeds the total fees collected for such facilities during such period.
3.
If a refund is due pursuant to Subsections (H)(1) and (H)(2) of this Section, the City shall determine the amount of the refund per equivalent impact unit by dividing the difference between the amount of the fees collected and the amount of expenditures by the total number of equivalent impact units provided. The total refund due shall be calculated by multiplying the refund per equivalent impact unit by the capacity multiplier for the size and type meter for which the water tap fee was originally paid.
4.
Within one (1) month from the date of receipt of a petition for the refund, the City shall advise the petitioner of the status of the refund request. If the petition for refund meets all of the requirements of Subsections (H)(1), (H)(2) and (H)(3) of this Section, the City shall issue the refund within two (2) months from the date of receipt of the petition for refund.
5.
Refunds requested pursuant to the expiration of a water connection approval must be submitted within six (6) months of the date of expiration. Refund requests under this Subsection are not required to submit petitions pursuant to Subsection (H)(1) of this Section; however, adequate proof of entitlement to the refund must be provided to the City.
I.
(Reserved)
J.
Annual Review.
1.
Beginning in calendar year 2002 and periodically thereafter, the
City Administrator shall prepare a report on the subject of water
tap fees, which report shall include:
2.
The City Administrator, in preparing the annual report, shall obtain
and review the following information:
a.
A statement summarizing water tap fees collected and disbursed during
the preceding year for water facility projects;
b.
A statement summarizing water facility projects initiated and completed
during the preceding year;
c.
A statement summarizing the applications for service approved during
the preceding year;
d.
A statement that the water facility projects undertaken with water
tap fee funds are consistent with the adopted project list;
e.
A revision of the project list and water tap fee calculation, as
appropriate.
3.
The report shall be presented to the Board of Aldermen.
4.
Based on the annual report and other factors as the Board of Aldermen
deems relevant and appropriate, the Board of Aldermen may amend this
Section.
5.
(Reserved)
6.
Nothing herein precludes the Board of Aldermen or limits its discretion
to amend this Section at such other times as may be deemed necessary.
K.
Appeals.
2.
The burden of proof shall be on the appellant to demonstrate that:
a.
The water tap fee is not applicable;
b.
The amount of the fee does not reasonably reflect the applicant's
pro rata share of the cost of water service facilities required to
serve the applicant's water service connection; and/or
c.
The amount of the refund was not calculated in accordance with the
provisions of this Section.
3.
The applicant shall file a notice of appeal with the City Clerk within
thirty (30) days following the determination of the applicability
of the water tap fee, the amount of the water tap fee, or the amount
of the refund due. An application for service may continue to be processed
while the appeal is pending, provided that the notice of appeal is
accompanied by a bond or other sufficient surety satisfactory to the
City Attorney in an amount equal to the original determination of
the tap fee due.
4.
Within ten (10) days of the notice of appeal, or by such date as
shall be agreed upon in writing between the applicant and the City,
the applicant shall submit to the Water Department studies, calculations
and other documentation appropriate to the determination of a tap
fee for new connection or the determination of a refund.
