City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents
Editor's Note: Ord. no. 14-07-05 §34, adopted July 21, 2014 repealed this Section 705.010 "sewer connection fees — inside city" without enacting replacement provisions. Former section 705.010 derived from R.O. 2012 §705.010; Ord. No. 6576 §3, 6-21-1976; Ord. No. 97-7-4 §705.010, 7-7-1997.
[R.O. 2012 §705.020; CC 1973 §36-30; Ord. No. 97-7-4 §705.020, 7-7-1997; Ord. No. 14-07-05 §35, 7-21-2014]
Any application for sewer service to a premise which is situated outside the corporate limits of the City shall be made to the City Council and the Council shall have the power to establish rules, regulations and requirements prerequisite to be met before such application may become effective; provided, that the fee required to be deposited with such application shall be according to the Schedule of Fees, Title I, Appendix A per building or lot, to be, or potentially to be, served; provided, further, that all persons making application for such service, their successors in title and assigns, agree to comply with all requirements of the provisions of this Code, ordinances of the City, and the rules, regulations and requirements established by the Council; and provided further, that the approval or disapproval of an application for any sewer connection outside the corporate limits of the City shall be at the sole discretion of the City Council.
[R.O. 2012 §705.030; Ord. No. 6438, 10-7-1974; Ord. No. 97-7-4 §705.030, 7-7-1997; Ord. No. 01-5-3, 5-29-2001; Ord. No. 14-07-05 §36, 7-21-2014]
A water connection fee shall be charged to each applicant according to the Schedule of Fees, Title I, Appendix A based on meter sizes. The City shall tap the water main for all meter installations and furnish the following materials included in the water connection fee for lines up to and including two (2) inches:
Service saddle;
Corporation stop;
Meter well;
Cover with lid; and
For all meter installations over two (2) inches, it shall be installed by the owner, at his or her expense, with City approval and per City standards.
Upon delivery of materials to the applicant, materials become the responsibility of the applicant. All other material and all labor required to install service line from the main to the property line shall be the responsibility of the applicant, and shall be installed by a licensed plumber or contractor licensed to do business in the City of Excelsior Springs. The customer's service pipe between the property line and the structures on the premise to be supplied shall be furnished and installed by the customer at his/her expense and risk, and shall be installed in accordance with existing City Codes.
Meters shall be required for all utility services provided by the City, the use of consumption of which may vary as the demand for the same fluctuates. The rate or charges for such utility services shall be determined by the amount of such service measured as being consumed by such meter. No attachment, tap or connection shall be allowed between the corporation cock in the main meter. All meters installed under the provisions of this Section shall be installed by the City and shall remain the property of the City. The City shall have the right to determine, on the basis of the customers stated flow requirements, the type and size of meter to be installed and location of same. All meter installations will be made at the property line except in such instances wherein the property line is not practicable the City may issue a special permit for other location of the meter, but in no case shall the City be liable for maintenance of service lines installed on private property. All meters installed at the property line shall be placed in a meter box or vault in accordance with specifications of the City. Meter box covers will be set to grade with the existing contours of the ground.
[R.O. 2012 §705.040; Ord. No. 6438, 10-7-1974]
It shall be unlawful for any person other than a duly authorized employee of the City to alter, change, deface, remove, interfere with, open or in any way molest any meter situated or being in the City and used in or for the supplying of any utility service to any consumer thereof in the City.
The owners of premises wherein meters are located shall be held responsible for their safekeeping and liable for any damage thereto resulting from the carelessness of said owner, his/her agent or tenant, and for failure to protect same against freezing and/or damage by hot water. The City may refuse to supply water until such damage is paid.
[R.O. 2012 §705.050; Ord. No. 6142 §19, 4-6-1970; Ord. No. 6372, 12-17-1973; Ord. No. 97-7-4 §705.050, 7-7-1997; Ord. No. 99-9-12 §I, 9-20-1999; Ord. No. 13-11-03 §1, 11-18-2013; Ord. No. 14-07-05 §§37 — 39, 7-21-2014]
Along with the application for utility services, the applicant therefor shall be required to pay to the City a deposit in an amount equal to the charges for an average of two (2) month period; provided, however, that in the event such service increases to a point where such deposit is not equal to the charges for an average two (2) month period; the required deposit may be increased to conform thereto.
All water service deposits shall be paid to the City in accordance with the Schedule of Fees, Title I, Appendix A at the time of opening the account for utility services.
If applicant for utility service is shut off two (2) or more times, the City may require an additional deposit according to the Schedule of Fees, Title I, Appendix A at each shut off to a maximum of twice the amount required in Subsections (A) and (B) above.
[R.O. 2012 §705.060; Ord. No. 6142 §19, 4-6-1970; CC 1973 §36-34; Ord. No. 99-9-12 §II, 9-20-1999]
Additional water service connections may be made without an additional deposit to any resident owner of residential dwellings, for residential use only if the resident owner shall have met the requirements to receive a deposit refund as outlined in Section 705.050.
[R.O. 2012 §705.070; Ord. No. 6142 §19, 4-6-1970; CC 1973 §36-35; Ord. No. 99-9-12 §III, 9-20-1999]
A refund of the required deposit for utility service may be made to any consumer thereof who is the owner of his/her own residential real property if such owner shall have promptly paid his/her bills. "Promptly paid" will be defined as follows:
No penalties accrued during the most recent twelve (12) months; and
No checks have been returned as "not sufficient".
Upon the termination or discontinuance of any utility service for which a deposit was made by the consumer thereof, such deposit shall be refunded to such consumer, less any charges due the City for such utility service.
Tenants, purchases via a "Contract for Deed", and commercial properties shall not be eligible for a deposit refund until utility service is terminated.
[R.O. 2012 §705.080; Ord. No. 6372, 12-17-1973; Ord. No. 6621 §XVI, 5-2-1977; Ord. No. 87-3-7, 3-23-1987; Ord. No. 91-3-2 §36-36, 3-18-1991; Ord. No. 92-12-9, 12-7-1992; Ord. No. 95-10-7 §1, 10-2-1995; Ord. No. 96-10-1 §V, 10-3-1996; Ord. No. 97-7-4 §705.080, 7-7-1997; Ord. No. 08-10-2 §36-36, 10-6-2008; Ord. No. 10-06-03 §2, 7-6-2010; Ord. No. 14-07-05 §40, 7-21-2014; Ord. No. 14-12-03 §2 — 3, 12-15-2014]
Definitions. For the purposes of this Chapter, the following terms shall be deemed to have the meaning indicated below:
For purposes of this Section, the term "non-resident" shall be interpreted to mean any user of water and/or sewer services provided by the City of Excelsior Springs, to any private residence, located outside the Excelsior Springs City limits, provided such City services.
Any business for pay or profit outside the City limits.
Those residences which are located within the City limits of Excelsior Springs, Missouri.
Any business for pay or profit within the City limits of Excelsior Springs, which has been licensed to do business.
Residents and non-residents shall be charged for water and sewer service at the rates established by ordinance of the City Council in accordance with the Schedule of Fees, Title I, Appendix A.
A ten percent (10%) penalty may be charged on all accounts not paid within the prescribed payment period.
Responsibility and authority for negotiating water and sewer service credits, made necessary due to extenuating circumstances, is hereby vested in the Finance Director of the City, acting for and on behalf of the City Council.
Fees imposed by the Missouri Department of Natural Resources may be added to resident and non-resident charges in the amount of the fee.
[R.O. 2012 §705.090; Ord. No. 5721 §8, 11-14-1961; CC 1973 §36-39]
The occupant and user of the premises receiving utility services from the City and owner of said premises shall be jointly and severally liable to pay for such services rendered on said premises.
[R.O. 2012 §705.100; Ord. No. 6239 §1, 3-6-1972; Ord. No. 6372, 12-17-1973]
The City Clerk shall bill all customers of water and sewer service monthly.
[R.O. 2012 §705.110; Ord. No. 87-5-2 §1, 5-18-1987; Ord. No. 99-9-12 §IV, 9-20-1999; Ord. No. 09-9-1 §1, 9-8-2009; Ord. No. 14-07-05 §41, 7-21-2014; Ord. No. 17-12-09, 12-18-2017; Ord. No. 20-06-09, 6-15-2020]
Should any customer of water and sewer service fail, refuse or neglect to pay any bill before their next billing date, the City shall notify the customer, on the next billing statement, of the intention of the City to discontinue service unless the past due bill be paid within the allotted time stated in the billing statement. Should such customer fail to pay the past due amount within the time stated in the billing statement, the City shall disconnect such service or services unless the customer has contacted the City and is in compliance with a written plan signed by the customer and approved by the City Manager (or his/her designee). Such payment plan shall provide that the installment payments shall include the customer's current month's balance plus the payment plan amount, and that these amounts are to be paid within the terms of the approved plan. Failure to make any installment payment of the approved payment plan voids such plan and the service is immediately subject to disconnect and the balance in full is due. Before any service or services may be restored, the customer shall pay all past due bills to the City, the reconnect fee according to the Schedule of Fees, Title I, Appendix A to cover the cost of the City in reconnecting such service or services, and any additional deposit required by Section 705.050(C).
[R.O. 2012 §705.120; Ord. No. 6142 §20, 4-6-1970; Ord. No. 6602 §1, 1-3-1977; Ord. No. 14-07-05 §42, 7-21-2014]
In the event a dispute arises between the City and a customer of any utility service, as to the correctness of the measurement by any meter, such meter may be removed and tested by the City. If upon such test, such meter does not measure within five percent (5%) of the correct amount of water passing through said meter, no charge shall be made to the customer for checking the accuracy of said meter, but if, upon checking said meter, it proves to measure the correct amount of water used within five percent (5%), the customer shall pay the Water Department the fee according to the Schedule of Fees, Title I, Appendix A for the testing of the meter.
[R.O. 2012 §705.130; CC 1973 §36-44]
Customers wishing to discontinue the use of any utility service furnished by the City shall give written notice thereof at the finance office. Failure to do so shall render such customers liable for the payment of all bills until such notice has been given.