City of Lake Waukomis, MO Article II Water Service And Water And Sewer Rates

Section 700.030 Application For Residential Water Service.

[CC 1974 §24-3; Ord. No. 147 §1, 2-10-1982]

A. Any resident of the City over seventeen (17) years of age desiring water service at a residence shall complete and submit to the utility a "Residential Water Service Application and Agreement". The application and agreement shall request the following information:

1. The name and signature of the applicant;

2. The residential address to be supplied water service;

3. The prior residential address of the prospective residential customer;

4. The name and signature of the prospective residential customer, if different than the applicant's; and

5. The desired date for commencement of water service.

B. The application and agreement form shall also contain the following:

1. Written assurance to the prospective residential customer that the customer shall receive, upon request, a copy of this Section and all regulations promulgated under it;

2. Written acknowledgment by the prospective residential customer that, as the residential customer, he/she is responsible for the timely and complete payment of all water charges and all installments and surcharges arising from water service supplied to the residence identified in the application and agreement form;

3. Written agreement by the prospective residential customer that if the residential customer is delinquent in the payment of his/her water bill and the delinquency is referred to an attorney for collection, the residential customer agrees to pay, in addition to the delinquent water bill, the cost of collecting the delinquency, including reasonable attorney's fees.

C. Water service shall not be supplied to any prospective residential customer if that person has any outstanding and unpaid water charges and/or installments and surcharges arising from prior water service to this prospective residential customer.

Section 700.040 Deposits — Water Customers.

[CC 1974 §24-4; Ord. No. 99 §6, 11-11-1970; Ord. No. 147 §1, 2-10-1982; Ord. No. 302 §2, 11-12-2003; Ord. No. 531, 12-12-2018[1]; Ord. No. 541, 5-8-2019]

A. All existing water customers who do not satisfy their outstanding water account within forty-five (45) days of billing shall be required to deposit two hundred fifty dollars ($250.00) as a water security deposit to continue water service. Failure of a water customer to deposit the two hundred fifty dollars ($250.00) as a security deposit pursuant to this Section and to fully satisfy any outstanding balance within twenty (20) days after billing for such security deposit, shall be deemed to be a delinquent billing and the provisions of Sections 700.080 and 700.100 with regard to termination of service and residential customer's disputes shall apply. Water deposits with the City may be used to satisfy any outstanding balance of the water customer thirty (30) days after billing. Any deposit or portion thereof used to satisfy an account must be deposited by the customer within twenty (20) days of billing or the customer and his or her account shall be deemed to be a delinquent billing. Notwithstanding the above, each customer as described herein that shall have service shut off or disconnected, and shall, at reconnection, be deemed to be a new customer as set forth below.

B. All new customers (including connection for new or additional service by existing customer) shall be required to pay two hundred fifty dollars ($250.00) as a water service deposit, prior to the connection or reconnection of water service. The said deposit shall be made payable to the City of Lake Waukomis and delivered to City Hall. Failure of the residential customer who owns or rents the residence to maintain a deposit two hundred fifty dollars ($250.00) as a security deposit pursuant to this Section, after billing for such security deposit, shall be deemed to be a delinquent billing and the provisions of Sections 700.080 and 700.100 with regard to termination of service and residential customer's disputes shall apply.

C. Prior to the issuance of a rental agreement permit pursuant to Section 520.020, the proposed lessee under the rental agreement is required to become a new customer under Subsection (B) hereof and the water account shall be in the name of the lessee. The lessor in such rental agreement shall continue to have liability to the City to the extent of Section 250.140, RSMo.

D. All water deposits shall be retained by the City until used to pay outstanding balances, or, services have been terminated as provided in these ordinances, provided all water charges have been fully paid by the customer. In the event there are remaining water and service charges, the deposit shall be used to pay said charges, and any additional charges due pursuant to these ordinances; and the amount remaining from said deposit, if any, after the said charges have been paid shall be refunded to the customer.

[1] Editor's Note: Ord. No. 531 also changed the title of this Section from "Deposits — Owners of Residences" to "Deposits — Water Customers."

Section 700.050 (Reserved) [1]

[1] Editor's Note: Former Section 700.050, Deposits — Renters, which derived from CC 1974 §24-5; Ord. No. 147 §1, 2-10-1982; Ord. No. 302 §2, 11-12-2003, was repealed 5-8-2019 by Ord. No. 541. See now Section 700.040(C).

Section 700.060 Water And Sewer Rates.

[CC 1974 §24-6; Ord. No. 99 §3, 11-11-1970; Ord. No. 100 §1, 11-11-1970; Ord. No. 127 §1, 7-23-1978; Ord. No. 143 §1, 6-10-1981; Ord. No. 148 §1, 5-12-1982; Ord. No. 176 §1, 6-13-1990; Ord. No. 184 §1, 11-13-1991; Ord. No. 268 §1, 10-23-2000; Ord. No. 270 §1, 3-14-2001; Ord. No. 275 §1, 6-13-2001; Ord. No. 351 §I, 11-14-2007; Ord. No. 368 §I, 2-11-2009; Ord. No. 491, 5-11-2016; Ord. No. 503, 5-10-2017; Ord. No. 514, 5-9-2018; Ord. No. 539, 5-8-2019; Ord. No. 555, 4-17-2020; Ord. No. 562, 4-14-2021; Ord. No. 573, 5-11-2021; Ord. No. 585, 2-14-2024]

A. Water Rates.

The water rates charged by the City of Lake Waukomis shall be as follows:

Up to 1,000 gallons: $31.32 (Plus current monthly sewer charges set out in Subsection (B) below.

Next 1,001 — 2,000 gallons: $21.19.

Next 2,001 — 3,000 gallons: $12.81.

Next 3,001 — 4,000 gallons: $11.06.

Above 4,000 gallons: $10.88 per 1,000 gallons.

B. Sewer Rates. Effective April 1, 2024, the sewer rates charged by the City of Lake Waukomis shall be as follows:

$59.29 basic sewer rate; and

$59.00 for the total City sewer rate.

Note: The increase of $3.00 is to the ongoing portion of the sewer capital rate that is currently $24.00, in addition to the $35.00 currently set to sunset in June 2024.

OR

From $115.29 to $118.29 for the total sewer rate (consisting of $59.29 for the basic sewer rate and $59.00 for the total City sewer rate).

Further, effective April 1, 2024, in months where there is no water usage by the customer, the City sewer rate of $59.00 will nonetheless be incurred by each customer that is attached to the sewer system.

Section 700.070 Maintenance of Water Pit — Reading of Meters — Billing — Penalty.

[CC 1974 §24-7; Ord. No. 99 §§2, 4, 5, 11-11-1970; Ord. No. 147 §1, 2-10-1982; Ord. No. 544, 6-12-2019]

A. Owner, occupant and/or customer shall reasonably maintain the water pit in which the water meters are located so to allow the City to safely read, service and maintain the meters. Failure to maintain the water pit may cause a termination of water service pursuant to Section 700.080.

B. Water meters serving all residences shall be read monthly and as close as possible to the twentieth (20th) day of the month. Bills for the water service shall be processed and mailed to the residential customer as close as possible to the twenty-fifth (25th) day of the month. All residential customers will be given until the twentieth (20th) day of the following month after the meter is read in which to pay the bill without penalty. Penalty in the amount of ten percent (10%) of the amount of the delinquent bill shall be applied to all water service bills remaining unpaid after the twentieth (20th) day of that month and the penalty will be added to that account.

Section 700.080 Water Service Termination Procedure.

[CC 1974 §24-8; Ord. No. 99 §7, 11-11-1970; Ord. No. 147 §1, 2-10-1982; Ord. No. 179 §2, 9-12-1990; Ord. No. 469, 3-11-2015; Ord. No. 544, 6-12-2019]

A. If the water pit in which the water meter is located is not maintained so as to allow the City to safety read and service the meter, notice of such failure and of termination shall be mailed to the customer by First Class Mail at the address shown on the application or personally served upon the customer giving the following information:

1. The condition which needs to be corrected or repaired.

2. The date of the notice of termination.

3. Notice that unless the Water Department’s inspection shows that the condition has been corrected or repaired, prior to the date of termination, water service shall be terminated.

4. The date of termination, which shall be no sooner than ten (10) days from the date of the notice of termination.

B. If payment is not received for a delinquent water billing by the time of the customer's next monthly billing, notice of the unpaid billing and of termination shall be mailed to the customer by First Class Mail at the address shown on the application or personally served upon the customer within three (3) days after the payment date. The notice of termination shall contain the following:

1. The amount to be paid.

2. The date of the notice of termination.

3. The date of termination, which shall be ten (10) days from the date of the notice of termination.

4. Notice that unless the Water Department receives complete payment of the amount shown prior to the date of termination, water service shall be terminated.

5. Notice that in lieu of paying the entire amount shown, a residential customer, prior to the date of termination, may notify the Water Department in writing that he/she disputes the correctness of all or part of the amount shown if all or part of the amount shown was not subject to previous dispute under this Section.

C. The Water Department shall terminate water service provided to the residential customer on the date of termination set forth in the notice unless prior to that date:

1. The Water Department’s inspection has determined that the condition which caused the notification under Subsection (A) above has been remedied; or

2. The Water Department has received complete payment of the amount shown on the notice of termination pursuant to Subsection (B); or

3. The residential customer has notified the Water Department it disputes the substance of the City’s notice of termination.

Section 700.090 (Reserved) [1]

[1] Editor's Note: Former Section 700.090, Reinstatement of Water Service, which derived from CC 1974 §24-9; Ord. No. 99 §8, 11-11-1970; Ord. No. 147 §1, 2-10-1982, was repealed 9-16-2019 by Ord. No. 551.

Section 700.100 Residential Customer Dispute.

[CC 1974 §24-10; Ord. No. 147 §1, 2-10-1982; Ord. No. 544, 6-12-2019]

A. The procedure for residential customer dispute shall be as follows:

1. Before the date of termination, the residential customer shall notify the Water Department in writing that he/she disputes the substance of the facts giving rise to the Notice of Termination, stating as completely as possible the basis for the dispute.

2. If the Water Department determines the present dispute is untimely or that the residential customer previously disputed the correctness of all or part of the reason for the notice of termination shown, the Water Department shall mail the customer another statement that the dispute is untimely and invalid. The Water Department shall then proceed as if the customer had not notified the Water Department of the present dispute.

3. If the Water Department determines that the present dispute is not untimely, the Water Department, within three (3) business days after receipt of the customer's notice, shall arrange an informal meeting between residential customer and an official of the Water Department.

4. Based on the Water Department's records or investigation, the customer's allegations and all other relevant materials available to the official, the official shall meet with the customer to attempt to resolve the dispute and to give the customer a chance to have the water Department consider any materials offered by the customer relevant to the dispute.

5. Within five (5) days of the completion of the meeting, the official shall mail to the customer a copy of his/her written decision regarding the dispute.

B. Utilization of the dispute procedure shall not relieve a residential customer of his/her obligation to timely and completely remedy undisputed reasons for the notice of termination and pay all other undisputed water charges and/or surcharges. Until the date of the water official's decision, the utility shall not terminate the utility service at this residential customer and shall not issue a notice of termination to him/her solely for non-payment of the disputed amounts or the failure to remedy the disputed condition of the water pit. If it is determined by the Water Department official that the customer’s reason for the appeal is not valid or approved, the Water Department decision endorsed by the Mayor shall be promptly mailed to the customer by certified mail at the address shown upon the customer's application, or personally delivered to the customer, a notice of termination which shall contain the following:

1. The amount to be paid or the condition of the pit which needs to be remedied.

2. The date of the notice of termination.

3. The date of termination which shall be ten (10) days after the date of the notice of termination.

4. Notice that unless the Water Department receives complete payment of the amount shown or the condition remedied prior to the date of termination, the utility service shall be terminated.

Section 700.105 Duties And Authority Of The Building Inspector Regarding Water Meter Pit Remediation.

[Ord. No. 546, 7-10-2019]

A. In addition to the duties and powers set forth in other City Ordinances, the Building Inspector shall have the powers and duties to do the following:

1. Supervise all inspections required or authorized concerning water meter pits and shall cause the Building Inspector to make such inspections and perform all the duties required of him/her. Upon receiving a complaint or report from any source that a water meter pit exists in the City that is not compliant with Section 700.070(A) in that it’s condition does not allow the City to safely read, maintain and/or service the water meter contained therein, the Building Inspector shall cause an inspection to be made forthwith. If the Building Inspector deems it necessary to the performance of his/her duties and responsibilities imposed herein, the Building Inspector may request an inspection and report be made by any other City department or retain the services of an expert whenever the Building Inspector deems such service necessary. If the Building Inspector or the report indicates that a water meter pit is not compliant with Section 700.070(A) in that the condition of the pit does not reasonably allow the City to safety read, service and/or maintain the water meter located within said water pit, (in addition to any remedy available to the City) the Building Inspector shall cause a notice to be sent to the owner and occupant (if not the owner) of the property by regular mail giving the owner and/or occupant fifteen (15) days from the date of mailing the notice to complete the work of bringing the water meter pit into compliance.

2. Upon receipt of a report from the Building Inspector indicating failure by the owner and/or occupant, to complete the work of bringing the water meter pit into compliance within the time specified in the notice, hold a hearing giving the affected parties full and adequate of a hearing on the matter as described in this Section.

3. The Building Inspector shall give written notice of said hearing, either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of those modes of service, then by publication in a newspaper qualified to publish legal notices, at least ten (10) days in advance of the hearing date, to the owner as shown by the land records of the Recorder of Deeds of Platte County and occupant, who may appear before the Building Inspector on the date specified in the notice to show cause why the water meter pit should not be repaired with the statement of particulars set forth in the Building Inspector's notice as provided herein. Any party may be represented by counsel and all parties shall have an opportunity to be heard.

4. The Building Inspector shall make written findings of fact from the evidence offered at said hearing as to whether or not the water meter pit in question is non-compliant with Section 700.070(A).

5. If the evidence supports a finding based upon competent and substantial evidence that the water meter pit is non-compliant with Section 700.070(A), the Building Inspector shall issue an order based upon its findings of fact commanding the owner as shown by the land records of the Recorder of Deeds of Platte County and/or occupant to repair the water meter pit and make it compliant with Section 700.070(A), to prevent the acquiring by the City of the lien against the land where the water pit is located. If the evidence does not support a finding that the water meter pit is non-compliant with Section 700.070(A), no order shall be issued.

6. If the owner and/or occupant fails to comply with the order to make repairs within thirty (30) days, the Building Inspector may cause such water meter pit to be repaired. If the Building Inspector or other designated officer or officers issues an order whereby the water meter pit is repaired by the City, the cost of performance shall be certified to the City Clerk or officer in charge of finance who shall cause a special tax bill or assessment therefor against the property on which the water meter pit is located to be prepared and collected by the City Collector or other official collecting taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the property owner and shall also be a lien on the property until paid. Said tax bill or assessment shall bear interest at a rate of eight percent (8%) per annum until paid.

B. The remedies available to the City pursuant to Section 700.105(A) shall be in addition to any other remedy available to the City including but not limited to those set forth in Sections 700.080 and 700.100.

Section 700.110 Owner's Responsibility For Unpaid Utility Costs Accrued By Occupants.

[Ord. No. 301 §§1 — 6, 11-12-2003]

A. Occupants will be billed for utility services to a residence after paying required security deposits and completing an application for services.

B. If the occupant moves from the residence, owing a utility bill, the occupant will, when possible, be billed for the unpaid utility bill of the City.

C. If the debt for unpaid utilities is not paid by the occupant within thirty (30) days, the owner of the residence will be required to pay the outstanding debt to ensure service to the residence.

D. Pursuant to Section 250.140(1) RSMo., the City shall, if necessary, sue the occupant or owner or both of such residence in a civil action to recover any sums due for such services plus a reasonable attorney fee.

E. If the occupant of the residence receives the billing, any notice of termination of service shall be sent to both the occupant and owner of the residence receiving such service, if such owner has requested in writing to receive any notice of termination and has provided the City with the owner's business addresses.

F. If the owner requests that services be continued after an occupant is no longer residing at the residence for cleaning purposes, the owner will be billed no less than a minimum monthly service. If the owner does not request the continuation of service under these conditions, the water shall be turned off until the next occupant completes the application process.