City of Sparta, MO
Christian County
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Table of Contents
Table of Contents
[Ord. No. 468 Art. I, 2-9-2010]
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 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. 468 Art. II, 2-9-2010]
A. 
Unless the context specifically indicates otherwise, the meaning of terms used in this Article 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 20° C., expressed in milligrams per liter (mg/l).
NORMAL DOMESTIC WASTEWATER
Wastewater that has a BOD concentration of not more than two hundred fifty (250) 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's treatment works whose lot, parcel of real estate or building is used for domestic dwelling purposes only.
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 (including land for composting sludge, temporary storage of such compost and land used for storage of treated wastewater in land treatment systems before land application); 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 Sparta or furnished and/or installed by a user and approved by the City of Sparta.
B. 
"Shall" is mandatory; "may" is permissive.
[Ord. No. 468 Art. III, 2-9-2010]
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 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 702.040, 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 monthly from the operation and maintenance revenue in the amount of seven hundred eighty-six dollars ($786.00).
2. 
The Replacement Account shall be an 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 monthly from the replacement revenue in the amount of seven hundred eighty-six dollars ($786.00).
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. 468 Art. IV, 2-9-2010]
A. 
Each user shall pay for the services provided by the City based on his or her use of the treatment works as determined by water meter(s) acceptable to the City.
B. 
For residential contributors, monthly user charges will be based on average monthly water usage during the months of January, February and March. (Water usage for these months includes little use for such activities as lawn watering, car washing and other seasonal consumptive uses. The winter quarter average should not be used in areas that experience large seasonal fluctuations in population and/or usage.) If a residential contributor has not established a January, February and March average, his or her monthly bill shall be the median charge of all other residential contributors.
C. 
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.
D. 
(Reference is made to Appendix A of this Article.[1]) The minimum charge per month shall be thirteen dollars and fifty-five cents ($13.55). In addition, each contributor shall pay a user charge for operation and maintenance, including replacement of three dollars and sixty-five cents ($3.65) per one thousand (1,000) gallons of water (or wastewater) as determined in the preceding Section.
[1]
Editor's Note: Appendix A is on file in the City offices.
E. 
(Reference is made to Appendix A of this Article.[2].) 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:
1. 
Ninety-one cents ($0.91) per pound of BOD.
2. 
Seventy-five cents ($0.75) per pound of SS.
[2]
Editor's Note: Appendix A is on file in the City offices.
F. 
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 causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs. The charge to each user shall be as determined by the responsible plant operating personnel and approved by the Board of Aldermen.
G. 
The user charge rates established in this Section apply to all users of the City's treatment works, regardless of the user's location.
[Ord. No. 468 Art. V, 2-9-2010; Ord. No. 528 § 1, 1-26-2016]
A. 
All users shall be billed monthly. Billing to each customer for each month shall be made within thirty (30) days after the end of each billing cycle. Payments are due when billings are made. Any payment not received within fifteen (15) days after the billing date, as shown on the bill, shall be considered delinquent.
B. 
A late payment penalty of ten percent (10%) of the user charge (for sewer, water and trash) shall be added to each delinquent bill for each fifteen (15) days of delinquency. When any bill is twenty-five (25) days in default, rendition of water and/or sewer service to the premises served shall be discontinued, following notice and opportunity for hearing, as provided in Subsections (C) and (D) of Section 702.110. No reconnection shall occur until the entire delinquent amount, with late penalties and a reconnection fee, have been paid.
[Ord. No. 468 Art. VI, 2-9-2010]
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 operation and maintenance, including replacement of the treatment works.
[Ord. No. 471 Art. I, 8-10-2010; Ord. No. 14-015 Art. I, 6-10-2014; Ord. No. 543 Art. I, 10-11-2016]
It is hereby 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 the City's Water System and to establish a user charge system as set forth herein. The proceeds of such charges so derived will be used for the purpose of operating, maintaining, and retiring the debt for such Water System.
[Ord. No. 471 Art. II, 8-10-2010; Ord. No. 14-015 Art. II, 6-10-2014; Ord. No. 543 Art. II, 10-11-2016]
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 Water System for materials, labor, utilities, and other items which are necessary for managing and maintaining the Water System to achieve the capacity and performance for which said Water System was designed and constructed. The term "Operation and Maintenance" includes Replacement.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the Water System to maintain the capacity and performance for which such works were designed and constructed.
RESIDENTIAL USER
Any user of the City's Water System whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.
SHALL
Is mandatory; "MAY" is permissive.
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 operation, maintenance, and replacement of the Water System.
WATER METER
A water volume measuring and recording device, furnished and/or installed by the City or furnished and/or installed by a user and approved by the City.
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.
WINTER AVERAGE USE
Average use of the Winter quarter (Dec., Jan., Feb.).
[Ord. No. 471. Art. III, 8-10-2010; Ord. No. 14-015 Art. III, 6-10-2014; Ord. No. 543 Art. III, 10-11-2016]
A. 
The user charge system established by this Article shall generate adequate annual revenues to pay the costs of annual Operation and Maintenance including Replacement and cost associated with the City's revenue bonds issued to finance or refinance improvements to the Water System (including, but not limited to, the payment of principal, interest and redemption premium, if any, on said bonds) which the City may by ordinance designate to be paid by the user charge system. To the extent any term or provision set forth in the ordinance pursuant to which the City's revenue bonds have been issued conflicts with this Article, the ordinance pursuant to which the City's revenue bonds have been issued shall control.
B. 
There are hereby created or ratified and ordered to be established and maintained in the treasury of the City the following separate funds and accounts to be known respectively as the:
1. 
Water System Revenue Fund (the "Revenue Fund").
2. 
Water System Operation and Maintenance Account (the "Operation and Maintenance Account").
3. 
Water System Replacement Account (the "Replacement Account").
C. 
All of the total user charge imposed and collected pursuant to this Article shall as and when received be paid and deposited into the Revenue Fund unless otherwise specifically provided in this Article and/or any Ordinance pursuant to which the "C" revenue bonds have been issued. Said revenues shall be segregated and kept separate and apart from all other moneys, revenues, funds and accounts of the City and shall not be commingled with any other moneys, revenues, funds and accounts of the City. The Revenue Fund shall be administered and applied solely for the purposes and in the manner provided in this Article and any Ordinance pursuant to which the City's revenue bonds have been issued.
D. 
On the first day of each month, beginning in the month following the month in which this Article goes into effect, administer and allocate the moneys then held in the Revenue Fund as follows:
1. 
Operation And Maintenance Account. The Operation and Maintenance Account shall be an account designated for the specific purpose of defraying operation and maintenance costs, excluding replacement costs, of the water system. Deposits in the Operation and Maintenance Account shall be made annually (or more frequently at the City's discretion) from the operation and maintenance revenue.
2. 
Replacement Account. After all payments and credits required at the time to be made under Subsection (1) of this Subsection and subject to the provisions of any Ordinance pursuant to which the City's revenue bonds have been issued relating to payments required to be made to debt service accounts, debt service reserve accounts or administrative fees for said bonds have been made, there shall next be paid and credited to the Replacement Account, the amount of forty-two thousand nine hundred dollars zero cents ($42,900.00). Moneys in the Replacement Account shall be expended and used by the City, if no other funds are available therefor, solely for the purpose of ensuring Replacement needs over the useful life of the Water System as may be necessary to keep the Water System in good repair and working order and to assure the continued effective and efficient operation thereof.
3. 
All remaining funds on deposit in the Revenue Fund shall be administered and applied pursuant to the provisions of the Ordinance under which the City's revenue bonds have been issued.
E. 
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 and Maintenance Account and the Replacement Account shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for Operation and 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. 471 Art. IV, 8-10-2010; Ord. No. 14-015 Art. IV, 6-10-2014; Ord. No. 543 Art. IV, 10-11-2016]
A. 
Each user shall pay for the services provided by the City based on their 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. 
The City hereby imposes the following charges for services:
The minimum charge per month for users within the City limits shall be sixteen dollars ($16.00) which shall include the first one thousand (1,000) gallons of use. In addition, each user shall pay a user unit volume charge of sixty-five thousandths dollars ($0.0065) per gallon [six dollars fifty cents ($6.50) per one thousand (1,000) gallons used] of actual water used beyond the initial one thousand (1,000) gallons of use.
Users located outside the of the City limits shall pay a minimum charge per month of thirty-two dollars ($32.00) which shall include the first one thousand (1,000) gallons of use. In addition, each user shall pay a user unit volume charge of sixty-five thousandths dollars ($0.0065) per gallon [six dollars fifty cents ($6.50) per one thousand (1,000) gallons used] of actual water used beyond the initial one thousand (1,000) gallons of use.
D. 
The user charge rates established in this Article apply to all users of the City's Water System, regardless of the user's location.
[Ord. No. 471 Art. V, 8-10-2010; Ord. No. 14-015 Art. V, 6-10-2014; Ord. No. 528 § 2, 1-26-2016; Ord. No. 543 Art. V, 10-11-2016]
A. 
All users shall be billed monthly. Billings for each month shall be made within thirty (30) days after the end of that month. Payments are due when billings are made. Any payment not received within fifteen (15) days after the billing is made shall be delinquent.
B. 
A late payment penalty of ten percent (10%) of the user charge bill will be added to each delinquent bill the fifteenth (15th) day after the billing is made. When any bill is twenty-five (25) days in default, water service to such premises shall be discontinued until such bill is paid following due notice and opportunity to request a hearing. Reconnection fees of forty dollars ($40.00) shall be paid by the customer.
[Ord. No. 468 Art. VI, 2-9-2010; Ord. No. 543 Art. VI, 10-11-2016]
A. 
The City shall review the user charge system annually (or more frequently at the City's discretion) to ensure that the Water System generates adequate revenues to pay the costs of annual Operation and Maintenance including Replacement and cost associated with the City's revenue bonds issued to finance or refinance improvements to the Water System (including, but not limited to, the payment of principal, interest and redemption premium, if any, on said bonds) and that the Water System continues to provide for the proportional distribution of said 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 pursuant to the user charge system.