[Ord. No. 5.522 Art. I, 10-10-1997]
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City of California (hereinafter "City") to collect charges from all users who contribute wastewater to the City treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public wastewater treatment works.
[Ord. No. 5.522 Art. II §§1 — 11, 10-10-1997]
Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Centigrade (20°C), expressed in milligrams per liter (mg/l).
NORMAL DOMESTIC WASTEWATER
Wastewater that has a BOD concentration of not more than three hundred (300) mg/l and a suspended solids concentration of not more than three hundred (300) mg/l.
OPERATION AND MAINTENANCE
All expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
RESIDENTIAL CONTRIBUTOR
Any contributor to the City treatment works whose lot, parcel of real estate or building is used for domestic dwelling purposes only.
SHALL
Is mandatory; MAY — is permissive.
SS (denoting SUSPENDED SOLIDS)
The solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
TREATMENT WORKS
Any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include interceptor sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; equipment for the collection, treatment, transportation and disposal of residue, including sludge; aeration equipment, sand filters, laboratory systems or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems.
USEFUL LIFE
The estimated period during which the treatment works will be operated.
USER CHARGE
That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.
WATER METER
A water volume measuring and recording device furnished and/or installed by the City of California or furnished and/or installed by a user and approved by the City of California.
[Ord. No. 5.522 Art. III §§1 — 3, 10-10-1997; Ord. No. 5.541 §3, 1-14-2010]
A. 
The user charge system shall generate adequate annual revenues to pay the costs of annual operation and maintenance including replacement and cost associated with debt retirement of bonded capital associated with financing the treatment works which the City may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the treatment works shall be established by this Chapter.
B. 
That portion of the total user charge collected which is designated for the operation and maintenance including replacement purposes as established in Section 715.040 shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two (2) primary accounts as follows:
1. 
The Operation and Maintenance Account shall be an account designated for the specific purpose of defraying operation and maintenance costs of the treatment works. Deposits in the Operation and Maintenance Account shall be made from the operation and maintenance revenue in the amount of at least six hundred fifty thousand dollars ($650,000.00) annually.
2. 
The Replacement Account shall be an (non-lapsing) account designated for the purpose of ensuring replacement needs over the useful life of the treatment works. Deposits in the Replacement Account shall be made from the replacement revenue in the amount of twenty-six thousand dollars ($26.000.00) annually.
That portion of the total user charge collected which is designated for the service of the debt associated with the City's participation in the State Revolving Loan Fund program shall be deposited in a separate fund known as the Debt Service Account.
C. 
Fiscal year-end balances in the Operation and Maintenance Account and the Replacement Account shall be carried over to the same accounts in each subsequent fiscal year and shall be used for no other purposes than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the Operation, Maintenance and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.
[Ord. No. 5.522 Art. IV §§1 — 6, 10-10-1997; Ord. No. 5.522A §1, 11-6-2000; Ord. No. 2002-009 §1, 3-13-2002; Ord. No. 5.529 §2, 2-4-2008; Ord. No. 5.539 §2, 4-6-2009; Ord. No. 5.541 §2, 1-14-2010]
A. 
Each user shall pay for the services provided by the City based on his/her use of the treatment works as determined by water meter(s) acceptable to the City.
B. 
For residential contributors, user charges will be based on average water usage during the months of December, January and February. If a residential contributor has not established a December, January and February average, his/her monthly bill shall be the median charge of all other residential contributors, until such time that an average charge can be established for this residential contributor.
For industrial and commercial contributors, user charges shall be based on water used during the current month. If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on wastewater meter(s) or separate water meter(s) installed and maintained at the contributor's expense and in a manner acceptable to the City.
C. 
(Reference is made to Appendix A-2009, a copy of the same which is attached hereto and incorporated herein as if fully set forth, and which is on file in the office of the City Clerk.) Rates for all customers (including customer service component, flow charge component, and debt service component) shall be as set forth on said Appendix A-2009.
D. 
(Reference is made to Appendix A-2009, a copy of the same which is attached hereto and incorporated herein as if fully set forth, and which is on file in the office of the City Clerk.) For those contributors which contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement is:
$0.121 per pound BOD (Biochemical Oxygen Demand)
$0.021 per pound SS (Suspended Solids)
These rates apply when the BOD or total SS exceed three hundred (300) mg/L.
E. 
Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City treatment works, or any user which discharges any substance which singly or by interaction with other substances cause identifiable increases in the cost of operation, maintenance or replacement of the treatment works720.050 shall pay for such increased costs. The charge to each such user shall be as determined by the responsible plant operating personnel and approved by the City.
F. 
The user charge rates established in this Section apply to all users of the City treatment works, regardless of the user's location.
[Ord. No. 5.522 Art. VI §§1 — 2, 10-10-1997]
A. 
The City shall review the user charge system on an annual basis and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.
B. 
The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement of the treatment works.
[Ord. No. 14.531 Art. I, 6-2-2014]
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 collect charges from all users who use and benefit from the City's water system. The proceeds of such charges so derived will be used for the purpose of improving, operating, maintaining, and retiring the debt for such public water system.
[Ord. No. 14.531 Art. II, 6-2-2014]
A. 
Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:
OPERATION AND MAINTENANCE
All expenditures during the useful life of the system for materials, labor, utilities, and other items which are necessary for managing and maintaining the system to achieve the capacity and performance for which the system was designed and constructed.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the system to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
RESIDENTIAL/COMMERCIAL USER
Any user of the City's water system whose lot, parcel of real estate, or building is used for domestic dwelling purposes only or business commerce, except, however, the term "residential/commercial user" shall not be understood to apply to customers residing outside of the corporate limits, for which a separate rate schedule is adopted. Further, the term shall not include certain defined large commercial users, or customers for whom a separate contract is appropriate in light of usage, for which separate billing charges are established. Said large commercial users (or contract customers) will be addressed separately in this Article and in subsequent rate adjustments as appropriate.
USEFUL LIFE
The estimated period during which the treatment works will be operated.
USER CHARGE
That portion of the total water service charge which is levied in a proportional and adequate manner for the cost of improvement, operation, maintenance, and replacement of the water system.
WATER METER
A water volume measuring and recording device, furnished and/or installed by the City of California or furnished and/or installed by a user and approved by the City of California.
WATER SYSTEM
Any devices and systems for the storage, treatment, recycling, transmission, and distribution of water. These include transmission and distribution lines, individual systems, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable water supply such as standby treatment units and any works, including site acquisition of land that will be part of the treatment process.
B. 
"Shall" is mandatory; "may" is permissive.
[Ord. No. 14.531 Art. III, 6-2-2014]
A. 
The user charge system shall generate adequate annual revenues to pay the costs of annual operation and maintenance, including replacement and cost associated with debt retirement of bonded capital associated with financing the water system, that the City may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance, including replacement of the water system, shall be established by this Article.
B. 
That portion of the total user charge collected which is designated for the operation and maintenance, including replacement purposes, as established in Section 715.090, shall be deposited in a separate non-lapsing fund known as the "Operation, Maintenance and Replacement Fund" and will be kept in two primary accounts as follows:
1. 
The Operation and Maintenance Account shall be an account designated for the specific purpose of defraying operation, maintenance costs and principal and interest on bond debt excluding replacement of the water system. Deposits in the Operation and Maintenance Account shall be made at least monthly from the operation and maintenance revenue.
2. 
The Replacement Account shall be an account designated for the purpose of ensuring replacement needs over the useful life of the water system. Deposits in the Replacement Account shall be made at least annually from the replacement revenue. The Replacement Account shall be an account designated for the purpose of ensuring replacement needs over the useful life of the system. Deposits in the Replacement Account shall be made at least annually from the replacement revenue in the amount of thirty-nine thousand nine hundred forty-five dollars ($39,945.00) annually. (See Appendix B for calculation.[1])
[1]
Editor's Note: Appendix B is on file in the City offices.
C. 
Fiscal year-end balances in the Operation and Maintenance Account and the Replacement Account shall be carried over to the same accounts in each subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Shortages in the Operation, Maintenance, and Replacement Fund shall be corrected in the respective account(s) upon appropriate adjustment of the user charge rates for operation, maintenance, and replacement. User charge rates shall be adjusted as necessary such that the integrity of the Operation, Maintenance, and Replacement Fund(s) shall be maintained, within a reasonable period of time following the fiscal year in which the monies were borrowed.
[Ord. No. 14.531 Art. IV, 6-2-2014; Ord. No. 14.538, 7-2-2018]
A. 
Each residential/commercial user shall pay for the services provided by the City based on its use of the water system as determined by water meter(s) acceptable to the City.
B. 
All monthly user charges will be based on monthly water usage.
C. 
(Reference is made to Appendix A of this Article.[1]) The minimum charge per month shall be eleven dollars and thirty-five cents ($11.35) for one thousand (1,000) gallons of water usage. In addition each residential/commercial user shall pay a user unit charge for operation and maintenance, including replacement, of one dollar and seventy-eight cents ($1.78) per one thousand (1,000) gallons of water as determined in the preceding section.
[1]
Editor's Note: Appendix A is on file in the City offices.
D. 
Large commercial user(s). Cargill, Inc., its successors and assigns, shall pay the following rate per month: eight hundred seventy-five dollars ($875.00) minimum for one hundred thousand (100,000) gallons; one dollar and seventy-eight cents ($1.78) per one thousand (1,000) gallons over the minimum water usage.
E. 
The user charge rates established in this Article apply to all users of the City's system, regardless of the user's location, except, however, customers of the City's water system who are located outside of the City limits of California, Missouri.
[Ord. No. 14.531 Art. V, 6-2-2014; Ord. No. 14.538, 7-2-2018]
A. 
All users shall be billed monthly. An account for water service furnished by the City of California shall be due on the first day of the following month after which service was furnished. The account will become delinquent if not paid in full by the end of the 10th day of the month following the month when services were provided. The water services shall be disconnected if not paid in full (including penalty charge) by 10:00 A.M. on the 20th day of the month next following the month in which the services were furnished. A reconnect fee of forty dollars ($40.00) will be assessed for services disconnected due to non-payment which are reconnected between the hours of 8:00 A.M. through 4:30 P.M., Monday through Friday. A reconnect fee of eighty dollars ($80.00) will be assessed for services disconnected due to non-payment which are reconnected between the hours of 4:30 P.M. and 8:00 A.M., Monday through Friday, and for all reconnections which take place outside of the City's regular business hours, including on holidays and weekends. This charge shall be paid in advance of the resumption of service to a customer. As to connection and reconnection fees, for non-emergency situations outside of non-payment, there shall be a disconnect or reconnect fee of thirty dollars ($30.00) assessed for services connected or disconnected which are reconnected between the hours of 8:00 A.M. through 4:30 P.M., Monday through Friday. For such non-emergency connections and disconnects, there shall be a reconnect fee of eighty dollars ($80.00) assessed for services which are disconnected or reconnected between the hours of 4:30 P.M. and 8:00 A.M., Monday through Friday, and for all disconnects and reconnections which take place outside of the City's regular business hours, including on holidays and weekends. In the event of a non-emergency reconnect or disconnect, if both a reconnect or disconnect occur within a week of each other, only one (1) fee will be assessed.
B. 
A penalty charge of ten percent (10%) of the unpaid bill shall be added to those accounts that have not been paid in full as of the 10th day of the next month following the month in which services were provided.
C. 
Water service furnished to a customer by the City may be disconnected if the customer is delinquent, as defined above, for water services or for any other service provided by the City. In addition to any penalty charge assessed under this Section, all accounts delinquent (i.e., not paid in full the 10th day of the month following the month when the services were provided) shall bear an assessment at the rate of one and one-half percent (1.5%) per month of the entire balance due, said assessment to continue to accrue until the entire balance of the account is paid in full. This assessment shall be considered as interest payable to the Department of Utilities of the City of California on a past due account. Interest shall be assessed upon the entire balance due and owing, including the original amount of the delinquent account balance, the penalty charge, as well as any previous interest assessed against the account and remaining due and owing.
D. 
In the event of a payment by check which is returned for insufficient funds or closed account, or not honored by the Bank for any reason, in addition to penalty, reconnect, and interest charges, there shall be assessed a fee of thirty dollars ($30.00) to be paid to the City. This charge shall be paid in advance of the resumption of service to a customer.
[Ord. No. 14.531 Art. VI, 6-2-2014]
A. 
The City shall review the user charge system annually and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance, including replacement, and that the system continues to provide for the proportional distribution of operation and maintenance, including replacement costs, among users and user classes.
B. 
The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for system operation and maintenance, including replacement of the treatment works.