[R.O. 2012 § 710.010; Ord. No. 288, 4-20-2004]
This Chapter identifies Kimberling City's public wastewater treatment works rate structure, requirements for various funds to insure proper operation of the treatment works, the basis for the rates, requirements for the rate structure, billing of usage fees and requirements for periodic review of the rate structure.
It is necessary and conducive to the protection of the public health, safety and welfare of the City to establish a rate structure and collect usage fees from the owners of all buildings or living units connected to and capable of being contributors of wastewater to the City's wastewater treatment works. Proceeds from the collection of fees shall be used for the purpose of operating, maintaining, replacing and retiring the debt for such treatment works.
The rate structure contained herein shall take precedence over any terms or conditions of agreements or contracts between the City and wastewater contributors (including industrial users, special districts, other municipalities or Federal agencies or installations) which are inconsistent with the requirements of Section 204(b)(1)(A) of the Federal Water Pollution Control Act and the corresponding regulations.
Editor's Note: See 33 U.S.C. § 1284(b)(1)(A).
Enable the City to have in each fiscal year net revenues available for debt service of not less than one hundred ten percent (110%) of the amount required to be paid by the City in the fiscal year on account of both principal of and interest on all system revenue bonds at the time outstanding, provided that interest on any SRF Program Bonds will be reduced by the SRF Subsidy, if any.
Provide reasonable and adequate reserves for the payment of the bonds and the interest thereon and for the protection and benefit of the system as provided in this Chapter. The City will require the prompt payment of accounts for service rendered by or through the system and will promptly take whatever action is legally permissible to enforce and collect delinquent charges.
[R.O. 2012 § 710.020; Ord. No. 288, 4-20-2004; Ord. No. 355, 5-3-2011]
Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
- BASE RATE
- That portion of the total sewage works fee which is used to retire the debt incurred during construction of the public wastewater treatment works.
- BILLING PERIOD
- The period of time covered by a bill for the wastewater works usage fee (a calendar month).
- BOD (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 Celsius (20° C.), expressed in milligrams per liter (mg/l).
- E.U.U. (EQUIVALENT UNIT OF USAGE)
- The median average of usage within a selected group of users. This process is done by removing the highest and lowest user volumetrically; totaling usage volume, then dividing by the total number of users to come up with the true median average.
- NORMAL DOMESTIC SEWAGE
- Sewage 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 EXPENDITURES
- 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.
- OPERATIONS FEE
- That portion of the total wastewater fee which is used to provide for the cost of operation, maintenance and replacement of the public sewage treatment works.
- 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 are designed and constructed.
- Is mandatory; MAY: Is permissive.
- SS (DENOTING SUSPENDED SOLIDS)
- 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 intercepting 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 clean well facilities; and any works, including site acquisition of the land, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste.
- USAGE FEE
- The total of the debt service fee and the operations fee.
- USEFUL LIFE
- The estimated period during which a treatment works can be operated before replacement is required.
- Any contributor to the City's treatment works.
- WATER METER
- A water volume measuring and recording device.
[R.O. 2012 § 710.030; Ord. No. 288, 4-20-2004; Ord. No. 342, 10-20-2009]
The usage fee shall generate all annual revenues to pay costs of annual operation and maintenance including replacement and those costs 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 usage fee. The funds defined to receive the operations fee portion of the usage fee shall be established by this Section.
That operation fee portion of the usage fee 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:
An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works — Operation and Maintenance Account.
An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works — Replacement Account. Deposits in the Replacement Account shall be made at least quarterly from the operation, maintenance and replacement revenue in the amount of fifty-seven thousand five hundred dollars ($57,500.00) annually.
Fiscal year-end balances in the Operation and Maintenance Account and the Replacement Account shall be carried over to the same accounts in the 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 rate structure for operation, maintenance and replacement. The rate structure 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.
[R.O. 2012 § 710.040; Ord. No. 288, 4-20-2004; Ord. No. 342, 10-20-2009; Ord. No. 346, 6-1-2010]
Each owner of a property connected to the City's treatment works shall pay a usage fee for the sewer services provided by the City. An owner of a rental property may request, in writing to the City, that the City bill the tenant directly. This does not, however, absolve the owner from the responsibility of paying the usage fee.
Any contributor who discharges any substance which causes an increase in the cost of managing the effluent or the sludge from the City's treatment works or any contributor who 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 such contributor shall be as determined by the responsible plant operating personnel and approved by the Board of Aldermen.
The usage fees identified in the Chapter shall apply to all properties or living units connected to the City's treatment works, regardless of the location of the properties or living units.
The gallons of sewer usage shall be presumed to equal the gallons of water usage, as set out immediately below. Except as otherwise herein provided, sewer service charges shall be based on the following:
On the quantity of water used as determined by the City or other authorized representative of the City. In the absence of a water meter, meter readings or with obviously wrong meter readings due to a malfunction, then the City will estimate usage based on history or on comparable users.
On the quantity of sanitary sewage, industrial wastes, water or other liquids entering the sanitary sewage system of the City and measured by a sewage meter acceptable to the City.
On the quantity of sanitary sewage, industrial wastes, water or other liquids entering the sanitary sewage system of the City as determined by the City or other authorized representatives of the City. In the absence of meter readings or with obviously wrong meter readings due to a malfunction, then the City will estimate usage based on history or on comparable users.
Commercial customers can apply for an adjustment to their sewer bills for water use to fill swimming pools one (1) time a year.
Residential and commercial sewer customers may install, at their own expense, water meter(s) at their residence or commercial building for the purpose of calculating the amount of water used in "outdoor activities." Water that passes through this meter(s) must not re-enter the residence or commercial business building or any drainage or wastewater system. Those "outdoor activities" are defined as those that do not discharge into the City sewer system. If more than one (1) meter, reading(s) shall be combined for the total gallonage. This reading shall be applied to your monthly sewer bill. The gallonage recorded by this water meter(s) and forwarded to the City will be deducted from the total water usage.
The water meter(s) must be manufactured and tested to ANSI/SWWA Standard C700. The City Building Inspector's office must be contacted prior to installing a meter(s). The City reserves the right to test and audit the meter(s) at any time as deemed necessary. This audit shall take place at City Hall. Meter(s) must be brought to City Hall for this audit.
Installation Of Water And Sewage Meters.
Should a substantial portion of the water consumed by a customer be used in a commercial or industrial process which precludes the water being discharged into the sanitary sewer, the City will require such customers to install and maintain one (1) or more sewage meters or additional water meters in such a manner as to determine the quantity of water actually entering the sanitary sewage works.
Where such meters are installed, they shall be of a type approved by the City and shall be installed and maintained in continuous efficient operation by the user at his/her own expense.
Maintenance Of Meters. Where installed, all water meters on private supplies or sewage meters shall be maintained by the owner, at his/her expense, in continuous efficient operation at all times. The readings of any such meter, which, in the opinion of the City, has not been so maintained, will be disregarded and the City or its authorized representative shall determine the sewage volume delivered to the sanitary system of the City during the time covered by discredited meter readings. Volume will be estimated based on history of that user or on comparable users. The City shall also require the user to install a working meter at his/her own expense.
[R.O. 2012 § 710.050; Ord. No. 288, 4-20-2004; Ord. No. 342, 10-20-2009; Ord. No. 355, 5-3-2011]
A rate structure shall be established by the Board of Aldermen of the City of Kimberling City and shall be implemented by resolution. The rate structure shall contain the actual rates and the calculations used to arrive at those rates.
All users will be billed monthly based on the appropriate volumetric charge(s). Appendix A, on file in the City Clerk's office, shows the estimated annual costs associated with debt service and costs of operation along with the estimated number of gallons and the appropriate charges for both. All users in residential will have a minimum bill of twenty dollars ($20.00) and five dollars sixty cents ($5.60) per thousand gallons of usage. All users in commercial will have a minimum bill of seventeen dollars fifty cents ($17.50) with E.U.U. (Equivalent Units of Usage) applied and five dollars sixty cents ($5.60) per thousand gallons of usage.
The additional charge to users, which contribute greater than normal domestic strength wastewater, will be: thirty-eight cents ($0.38)/pound BOD; twenty-eight cents ($0.28)/pound SS. This charge will be in addition to the monthly base rate plus volumetric charge.
Any user who discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City of Kimberling City's treatment works or any user who 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 such users shall be as determined by the responsible plant operating personnel and approved by the Board of Aldermen.
The rate structure established in this Chapter shall apply to all users of the City of Kimberling City's treatment works, regardless of the user's location.
[R.O. 2012 § 710.060; Ord. No. 288, 4-20-2004]
All users shall be billed monthly. Each user shall read their own water meter on the first day of each month. Record the reading on the payment stub and return it to the City with the payment. Bills will be sent out on or around the first day of the month. If a meter reading is not available when the bills are prepared, either because it was omitted from the payment stub or because payment has not been received, then the City will estimate usage based on history or comparable users. Payments are due when billings are made. Any payment not received in our office by the 20th day of the month shall be delinquent.
Owners (or tenants as provided for in Section 710.040) who have their usage fee based on metered usage must provide the same month's actual meter reading to the City when their bills are due. Failure to provide these meter readings will result in a bill based on estimated usage per Section 710.040. Owners that do not provide these readings to the City shall lose their rights of having a reduction meter. Owners may re-apply for a reduction meter the next January 1. Estimated readings by the City due to no readings per Section 710.040 shall not be later adjusted. If readings are obtained by the City, a charge for this reading shall be applied to the bill. The City reserves the right to verify any meter reading provided by the owner (tenant).
[Ord. No. 361, 5-1-2012]
A late payment penalty of ten percent (10%) of the user charge bill will be added to each delinquent bill. If any bill is not paid by the 20th of the month, said bill shall be billed interest from the due date at the statutory rate. All such delinquent bills shall become a lien on the property upon the City filing a notice of delinquency with the Recorder of Deeds. A release shall be filed when all delinquent charges, interest, expense and attorney's fees have been paid in full. A lien hereby created may be enforced by suit or foreclosure.
The owner of any building who submits an erroneous water (or wastewater) consumption amount or the owner of any building who submits a fraudulent request for adjustment, for the purpose of reducing said owner's usage fee, shall be guilty of an ordinance violation and upon conviction thereof shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) or imprisoned for not more than twenty (20) days, or both. Nothing herein contained shall prevent the City from taking such other lawful action as it deems necessary to prevent or remedy any violation.
City employees will read the water meters of its sewer users from time to time in order to verify the City's records.
[R.O. 2012 § 710.070; Ord. No. 288, 4-20-2004]
After all payments are processed that are received prior to the 20th of each month, a trial balance is printed which shall show ranges of past due balances. At that time the following process for collection will begin:
Current Month Past Due. A "past due" notice requesting payment is mailed to the sewer customer. If a rental property, a copy of the past due billing shall be sent to the property owner.
Sixty (60) Days Past Due. A notice to "shutoff water" is mailed to those in water districts contracting with the City to do so. Customer shall be responsible for any/all disconnect/reconnect charges. Letters and additional contact to those in other water districts without contracts shall be made. If a rental property, a copy of the notice shall be sent to the property owner.
Ninety (90) Days Past Due. A letter notifying customer/owner that a lien will be filed against the property with the Stone County Recorder's Office. Customer/owner shall be responsible for any/all fees for such filing.
[R.O. 2012 § 710.080; Ord. No. 288, 4-20-2004]
The City shall review the rate structure as needed and shall revise the rate structure 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 contributors. Any change in rates will be effective on the utility billing dated no earlier than one (1) month following passage of an ordinance change.
The City will notify each owner at least annually, in conjunction with a regular bill or by separate letter, of the rate being charged for operation and maintenance, including replacement, of the treatment works.
[R.O. 2012 § 710.090; Ord. No. 288, 4-20-2004; Ord. No. 304, 11-15-2005; Ord. No. 311, 6-19-2007; Ord. No. 315, 8-21-2007; Ord. No. 342, 10-20-2009]
Connection charges shall be paid to the City of Kimberling City by any person or entity that connects, taps, or gains access to the City of Kimberling City's sewer system as follows:
[Ord. No. 377, 10-21-2014]
The following rates and fees shall be paid to the City of Kimberling City by any person or entities requiring connection to the City sewer system.
A two thousand seven hundred seventy-five dollar ($2,775.00) impact fee will apply to each new sewer connection, whether it be for new construction or for an existing structure establishing or re-establishing a sewer connection. Further, any new connection to the City sewer, whether for new construction or an existing structure or business, will be charged seven hundred fifty dollars ($750.00) for that connection, plus a three hundred seventy-five dollar ($375.00) administration fee. The following fee schedule will apply in addition to the above referenced amounts and all fees may be reviewed annually and adjusted accordingly by an amount equal to any increase in the current Consumer Price Index (CPI).
Impact fees and any fees required by the following schedule will be deposited into the Impact Fee Fund, to be used for annual debt service. Connection fees and administrative fees will be deposited into the Utility Fund, to be used for ongoing operations and maintenance.
The fee for any use not specifically listed above will be calculated as a direct percentage of an equivalent normal domestic wastewater user.
The schedule of fees in the above mentioned have been figured on a cost per gallon basis. An approximate number of people per unit, seat and/or space were also applied.
The property owner must bring the building sewer line (pressure or gravity) from the building to a point in the City right-of-way adjacent to the City sewer line. The City will make all other necessary connections from that point.
For each connection that is permitted after June 22, 2000, in an area serviced by pressure sewer lines, the property owner will purchase and install a grinder pump as specified by the City and enter into an agreement with the City for the operation and maintenance of that grinder pump. Property owner will also grant an easement to the City for access to the sewer pump and pressure line.
Savings Clause. Nothing in this Section hereby adopted shall be construed to affect any suit or proceeding now pending in any court or any rights acquired or liability incurred nor any cause or causes of action accrued or existing under any act or ordinance repealed hereby, nor shall any right or remedy of any character be lost, unpaired or affected by this Section.
In addition to connection fees which are applicable to new construction, all applicants for City sewer use must file with their application/contract for use and prior to beginning use a security deposit in the following amount:
The above security deposits will also be required from new owners of existing properties served by the wastewater system at the time they assume ownership and become customers of the City.
An owner of new construction in the City will be liable for the connection fee upon issuance of a building permit. An owner of new construction in the City will be liable for sewer bills upon issuance of an occupancy permit.