[Ord. No. 1136 § 1, 12-11-1978; Ord. No. 1356 § 1, 3-30-1987]
It is hereby found, determined and declared to be necessary
for the public health, safety, welfare and benefit of the City and
its inhabitants, that the existing waterworks of the City and the
existing sewerage system of the 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.
It is determined and declared to be necessary and conducive to the
protection of the public health, safety, welfare and convenience of
the City to operate, from all users who contribute wastewater to the
City's system. The proceeds of such charges so derived will be used
for the purpose of operating, maintaining, and retiring the debt for
the public wastewater treatment works.
[Ord. No. 419 § 1, 3-6-1950; Ord.
No. 1356 § 1, 3-30-1987]
There is hereby created and established a department of the
City to be known as the Electric Department or Light Department.
[Ord. No. 419 § 5, 3-6-1950; Ord.
No. 1136 § 2, 12-11-1978; Ord. No. 1356 § 1, 3-30-1987; Ord. No. 2928, 11-20-2017[2]]
A.
It is hereby
found, determined and declared to be necessary for the public health,
safety, welfare and benefit of the City of Centralia, Missouri, and
its inhabitants, that the existing waterworks system and the existing
sewerage system of said City, and all future improvements and extensions
thereto, be combined and that they shall henceforth be operated and
maintained as a combined waterworks and sewerage system.
B.
From and
after the final passage of this Section, the existing waterworks system
and the existing sewerage system of the City of Centralia, Missouri,
and all future improvements and extensions thereto, whether to the
waterworks system or to the sewerage system, or to both, shall be
and the same are combined and it is hereby declared that said waterworks
system and said sewerage system, and all future improvements and extensions
thereto as aforesaid, henceforth be operated and maintained as a combined
waterworks and sewerage system.
[1]
State Law Reference — As to combined waterworks, see
RSMo. § 250.030. Right to procure water from another City,
see RSMo. § 91.060. Authority to acquire waterworks, see
RSMo. § 91.090 et seq.
Cross Reference — Also see § 26-1 of this chapter.
[2]
Editor's Note: Ord. No. 2928 also changed the title of this
Section from "Combined water and sewer department established" to
"Combined waterworks and sewerage system."
[Ord. No. 419 § 19, 3-6-1950; Ord.
No. 1356 § 1, 3-30-1987]
The Line Foreman of the Electric Department, the Foreman of
the Water and Sewer Department, or any employee of the respective
departments of the City, at the direction of the City Administrator,
shall have the authority to enter private premises in this City where
electricity or water is being furnished by the City, at any time during
the hours of the day, for the purpose of reading electric or water
meters, making repairs to such service, or discontinuing and disconnecting
such service from such premises. Such Foreman or employee shall have
the authority to enter any private premises in this City where electric,
water, or sewer service is being furnished by the City, at any time
of the day or night, in case of emergency, such as fire, water leak
or trouble with the electrical service. No one who is not an agent
or employee of the City, or otherwise legally entitled to do so, shall
be permitted to inspect, remove or tamper with such meters, materials
or appliances belonging to the City.
[Ord. No. 419 §§ 9
and 11, 3-6-1950; Ord. No. 1356 § 1, 3-30-1987]
The City Administrator shall be financial secretary of the Electric
and Water and Sewer Departments. He shall be responsible for the charging
and collections of all sums of money due the Electric and Water and
Sewer Departments for services rendered and for electric and water
fixtures furnished consumers and for the keeping of all accounts of
the Electric and Water and Sewer Departments between the Department
and its subscribers. All employees of his office shall be under his
control and supervision. It shall be his duty to attend to the management
of the office, to the collection and charging of such sums as aforesaid,
and to other matters as may be directed by the Board of Aldermen.
It shall be his duty to see that electrical and water meters are read
and appropriate statements are rendered and are mailed or delivered
to each customer of the City's public utilities. The statement shall
show the amount of electricity and water used by such customer and
the amount due the City for such water and electricity, as well as
sewer use charges for the month previous to the rendering of such
bill and any refuse collection charges for the month of the billing.
He shall also render a monthly report to the Board of Aldermen, showing
all receipts and expenditures of Departments for that month.
[Ord. No. 419 § 13, 3-6-1950; Ord.
No. 1356 § 1, 3-30-1987; Ord. No. 2488 § 2, 10-15-2007; Ord. No. 2527 §§ 1 — 3, 5-19-2008]
A.
The following new consumers of electricity, water and sewer ("utility
services") furnished by the City Electric/Light Department and the
City Water and Sewer Department shall be required to deposit with
the City, before any utility services are provided, an electric service
deposit and a water service deposit as set forth below to guarantee
the City the prompt payment of all water, light and sewer bills:
1.
Any new consumer who cannot provide a satisfactory credit history
of at least twelve (12) consecutive months with no more than three
(3) delinquent payments of thirty (30) days or less from the consumer's
directly previous utility provider of electricity and/or water and
sewer; and
2.
Any new consumer who has had no previous utility provider of electricity
and/or water and sewer; and
3.
Any new consumer who will be receiving utility services for a recreational
vehicle in a location permitted within the City; and
4.
Any new consumer who at the time the consumer is requesting utility
service has an outstanding balance on a City utility bill from being
a previous City consumer of utility service or services. New consumers
with an outstanding balance on a City utility bill at the time new
utility service is requested shall make an electric deposit of two
hundred dollars ($200.00) and a water deposit of one hundred dollars
($100.00) before utility service is provided. Such new consumer before
utility service is provided also shall either pay the outstanding
balance in full or shall make all payments in a timely manner based
on a payment plan established by the City Administrator if the City
Administrator determines that such a payment plan alternative is acceptable
to the City.
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All other new consumers required above to make a deposit shall
make an electric deposit of one hundred dollars ($100.00) and a water
deposit of fifty dollars ($50.00) before utility service is provided.
All other new consumers of City utility services shall not be required
to make any utility deposits before utility service is provided.
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B.
For any property with City utility service that City personnel knows
is being rented and if utility service to any such rented property
is billed in the landlord's name, then if such utility service to
such property is ever disconnected for non-payment, the City Administrator
shall have the authority to require that the landlord of such property
shall then make an electric deposit of one hundred dollars ($100.00)
and a water deposit of fifty dollars ($50.00) on such property before
new utility service is provided to that property, regardless of who
is billed for the new utilities.
C.
If any existing consumer of City electricity, water and sewer service,
who does not have any City utility deposit on his or her account,
is disconnected for non-payment, then such consumer shall make an
electric deposit of one hundred dollars ($100.00) and a water deposit
of fifty dollars ($50.00) before utility service is reconnected after
the first such disconnection, or if any existing consumer of City
electricity, water and sewer service is disconnected for non-payment
two (2) times within such twelve-month period, then such consumer
shall make an electric deposit combined with any existing remaining
deposit equal to a total amount of two hundred dollars ($200.00) and
a water deposit equal to a total amount of one hundred dollars ($100.00)
before utility service is reconnected after the second such disconnection.
[Ord. No. 2867 § 1, 9-19-2016]
D.
If any existing consumer of City electricity, water and sewer service
who has a City utility deposit is disconnected for non-payment two
(2) times within the preceding twelve (12) month period, then such
consumer shall make additional deposits sufficient to bring any electric
deposit to a total of two hundred dollars ($200.00) and any water
deposit to a total of one hundred dollars ($100.00) before utility
service is reconnected after the second (2nd) such disconnection.
E.
When utility service is supplied to two (2) or more locations in
the name of the same customer or when one (1) utility service is in
the name of a person and the same person has a business utility service
in one (1) or more additional locations as an officer, manager, employee
or agent of the business or as someone with an ownership interest
in the business as a sole proprietor, a member of a limited liability
company, a partner of a partnership or a shareholder of a corporation,
then the City may require separate utility deposits for each such
service location.
[Ord. No. 419 § 14, 3-6-1950; Ord.
No. 1215 § 1, 10-10-1983; Ord. No. 1356 § 1, 3-30-1987; Ord.
No. 2488 § 3, 10-15-2007]
All money deposited with the City by the customers (consumers)
of the departments, to secure the payment of accounts incurred for
electricity, water and sewer service, shall first be used to guarantee
prompt payment to the City of all light, power, water and sewer bills
owed to the City, and as a condition of purchase and use of City electricity,
water and sewer services, the customer agrees that the City may use
such deposit to pay first any delinquent accounts owed the City for
electricity, water and sewer services and second then to pay any other
debt owed the City for trash pickup service, other services, taxes
or penalties or charges owed the City. If after payment of all delinquent
accounts owed the City, there is money remaining in such deposit fund,
the remainder shall be held for five (5) years after the depositor
shall cease to be a customer of the City, and the City shall make
a reasonable effort to refund the deposit balance to the depositor
during that period of time. If the deposit balance has not been claimed
by and refunded to the depositor for five (5) years, the deposit balance
shall be deemed abandoned and shall be subject to the provisions of
the Missouri Uniform Disposition of Unclaimed Property Act in Chapter
447, RSMo. The City shall file all required reports with the Missouri
State Treasurer at that time and shall pay the abandoned funds to
the Missouri State Treasurer pursuant to said State law.
[1]
State Law Reference — See RSMo., §§ 447.503(8),(10)
and (11), 447.517(l)(1), 417.536 regarding escheat to State of Missouri
after five years.
[Ord. No. 934 § 1, 5-11-1970; Ord.
No. 1356 § 1, 3-30-1987]
The City Administrator may, with the approval of the Mayor and
Board of Aldermen, invest and reinvest, from time to time, such portion
of the consumer's deposits as the City Administrator may deem to be
not currently needed for the operation of such Electric and Water
and Sewer Departments, such investments to be made in securities of
the United States or securities of instrumentalities which are guaranteed
by the United States or secured in a manner authorized by the State
of Missouri. All income derived by the City from any such investment
or reinvestment of such deposits shall be paid over to the Electric
and Water and Sewer Departments, not less often than semi-annually,
by the City Administrator, the payments to such Electric and Water
and Sewer Departments to be pro-rated between them in the ratio of
the deposits made by consumers for electric service, and water and
sewer service.
[1]
Editor's Note — Ord. No. 2488 § 1, adopted
October 15, 2007, repealed Section 26-9 "same — change on consumer
moving residence" in its entirety. Former Section 26-9 derived from
Ord. No. 419 § 16, 3-6-1950; Ord. No. 1356 § 1,
3-30-1987. At the editor's discretion, this section has been reserved
for the City's future use.
[Ord. No. 1356 § 1, 3-30-1987; Ord. No. 2488 § 4, 10-15-2007]
Whenever any consumer of electricity, water and sewer who has
made a utility deposit with the City and who has paid all of the consumer's
City utility bills in the previous twelve (12) months without being
disconnected for non-payment and without being delinquent more than
four (4) times during that time, then the consumer's deposit shall
be applied to the consumer's current utility bill (and if necessary,
the next one (1) or more utility bills) until the deposit is reduced
to zero (0).
[Ord. No. 419 § 17, 3-6-1950; Ord.
No. 1356 § 1, 3-30-1987; Ord. No. 2488 § 5, 10-15-2007]
Whenever any consumer of electricity, water and sewer who has made a utility deposit with the City and has directed that the consumer's utility service be disconnected, the City shall first apply the deposit to the consumer's final utility bill and any other bills or debts the consumer owed the City as provided in Section 26-7. If the utility deposit exceeds the amount of the consumer's final utility bill and any other bills or debts owed the City, then the City shall refund to the consumer the excess amount of the utility deposit, without interest. City employees shall take charge of the meters belong to the City.
[Ord. No. 419 § 34, 3-6-1950; Ord.
No. 1356 § 1, 3-30-1987]
No transfer of security deposits from one (1) consumer to another
can be made, unless notice in writing has been given and accepted
by the City for the same.
[Ord. No. 419 § 15, 3-6-1950; Ord.
No. 1356 § 1, 3-30-1987]
[Ord. No. 419 § 30, 3-6-1950; Ord.
No. 1356 § 1, 3-30-1987]
Consumers will be held responsible for damage to meters and
materials left by the City in their care.
[Ord. No. 419 § 26, 3-6-1950; Ord.
No. 1356 § 1, 3-30-1987]
A.
The City Administrator is hereby made official Inspector of all electrical
wiring and all plumbing in this City, whether on public or private
property, and no electric, water, or sewer service will be furnished
to any consumer in this City until the same is inspected and approved
by such City Administrator or his designated representative. All wiring
and all plumbing in this City already constructed, which is not in
conformity with the latest underwriter's rules relative to electric
wiring or officially adopted Electric Code, or the rules heretofore
prescribed by the City for plumbing or officially adopted Plumbing
Code, shall be changed and corrected in accordance therewith, upon
notice from the Inspector. Upon failure or refusal of the owner of
such premises to make such changes and corrections after being notified
by the Inspector, in a reasonable time, the service will be discontinued.
Electrical and water connections shall be made only by the employees
of the Electric and Water and Sewer Departments upon application to
the City Administrator.
B.
A person commits the violation of utility tampering if he:
1.
Tampers or makes connection with property of a utility; or
C.
In any prosecution under Subsection (B) of Section 26-15, proof that a meter or any other property of a utility has been tampered with, and the person or persons accused received the use or direct benefit of the electric, gas or water service, with one (1) or both of the effects described in Subsection (B) of Section 26-15, shall be sufficient to support an inference which the Court may submit to the trier of fact, from which the trier of fact may conclude that there has been a violation of such Subsection by the person or persons who use or receive the direct benefit of the electric, gas or water service.
D.
As used in this Section, the following terms have the following meanings:
1.
"Utility", an enterprise which provides gas, electric, water or sewerage
disposal, whether publicly or privately owned or operated, and including
the City of Centralia, Missouri.
2.
"To Tamper", to interfere with something improperly, to meddle with
it, displace it, or make unwarranted alterations in its existing condition,
or to deprive, temporarily, the owner or possessor of that thing.
[Ord. No. 419 § 39, 3-6-1950; Ord.
No. 1356 § 1, 3-30-1987]
All connections to the City electric system or to the City water or sewer systems which are unauthorized and not in accordance with the provisions of this Chapter will be severed, and any consumer of electric, water, or sewer service in this City or vicinity who shall violate any of the rules of this City for the regulation and operation of such electric, water and sewer service which have been, are now, or may hereafter be prescribed by the regulation of such electric, water, and sewer service, in addition to other penalties prescribed by law or ordinance, will have his service discontinued by the City upon service of notice as mentioned in Section 26-112, until such consumer shall pay all fines and costs, if any, and all prescribed connection charges and deposits, and back electric and water bills, and shall comply with the rules and regulations of the respective Departments.
[Ord. No. 419 § 31, 3-6-1950; Ord.
No. 1153 § 1, 9-10-1979; Ord. No. 1356 § 1, 3-30-1987; Ord.
No. 1388 § 1, 8-17-1987; Ord. No. 2488 § 6, 10-15-2007]
All temporary service connections shall be at the expense of
the consumer. The consumer shall provide a fused main switch, meter
socket, weather head, support pole, service conductor in conduit with
clamp, ground connection, weatherproof grounded-type receptacles and
other necessary accessories. If the temporary service is to be located
from a power pole, the support shall be located within forty (40)
feet of the power pole and adequately braced to support the overhead
cable. The charge for installation of temporary meters at construction
sites shall be twenty-five dollars ($25.00) per meter, which the consumer
shall pay to the City.
[Ord. No. 419 § 33, 3-6-1950; Ord.
No. 1356 § 1, 3-30-1987]
The consumer shall agree that the City does not guarantee a
constant supply of electrical energy or water or sewer service and
that the City shall not be liable for damage for any failure to supply
the same.
