[Ord. No. 879-01 Art. I, 10-15-2001]
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 the City's water system. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public water system.
[Ord. No. 879-01 Art. II §§1 — 9, 10-15-2001]
Unless the context specifically indicates otherwise, the meanings of terms used in this Chapter 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 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 of Kearney or furnished and/or installed by a user and approved by the City of Kearney.
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 of winter quarter (December, January, February).
[Ord. No. 879-01 Art. III §§1 — 3, 10-15-2001]
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 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 water system, 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 720.040, 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 (excluding replacement) of the water system. Deposits in the Operation and Maintenance Account shall be made annually (at least annually) from the operation and maintenance revenue in the amount of four hundred forty-two thousand forty-one dollars ($442,041.00) annually.
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 annually (at least annually) from the replacement revenue in the amount of twelve thousand seven hundred twenty dollars ($12,720.00) annually. (See Appendix B on file in the City offices for calculations.)
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. 879-01 Art. IV §§1 — 5, 10-15-2001; Ord. No. 1038-2006 §5, 3-20-2006; Ord. No. 1071-2007 §4, 4-16-2007; Ord. No. 1091-2008 §4, 4-21-2008; Ord. No. 1134-2010 §4, 4-5-2010; Ord. No. 1163-2011 §4, 4-18-2011; Ord. No. 1195-2012 §4, 5-21-2012]
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. 
(Reference is made to Appendix A of this Chapter on file in the City offices.) The minimum charge per month shall be five dollars ($5.00) for the first one thousand (1,000) gallons. In addition, each user shall pay a user unit charge for operation and maintenance, including replacement, of three dollars ($3.00) per one thousand (1,000) gallons of water as determined in Appendix A to this Chapter on file in the City offices. A charge for bond retirement for the second one thousand (1,000) gallons shall be one dollar forty cents ($1.40). A charge for bond retirement for all usage over two thousand (2,000) gallons of ninety cents ($.90) per one thousand (1,000) shall be applied.
D. 
The user charge rates established in this Section apply to all users of the City's system regardless of the user's location.
E. 
The rate schedule with operation, maintenance and replacement plus bond cost shall be as follows:
[Ord. No. 2328-2013 § 4, 5-20-2013; Ord. No. 1282-2015 § 4, 4-20-2015; Ord. No. 1304-2016 § 4, 5-2-2016; Ord. No. 1344-2017, 8-7-2017; Ord. No. 1395-2019, 5-6-2019; Ord. No. 1434-2020, 9-8-2020; Ord. No. 1481-2022, 1-18-2022; Ord. No. 1515-2023, 2-21-2023]
Meter Size
Monthly Sewer Service Charge
5/8" X 3/4"
$5.00
1"
$9.00
2"
$17.50
4"
$60.00
$11.27 — 1,000 gallons minimum, plus above respective service charge
$0.982 per 100 gallons (1,000 gallons to 2,000 gallons)
$0.750 per 100 gallons — all over 2,000 gallons
The aforesaid amounts to be charged for water and water service and sewerage service do not include the Missouri State Sales Tax, and such tax shall be computed and added thereto.
[Ord. No. 879-01 Art. V §§1 — 2, 10-15-2001]
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 thirty (30) 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 for each thirty (30) days of delinquency. When any bill is thirty (30) days in default, water service to such premises shall be discontinued until such bill is paid following due notice and opportunity for hearing. Reconnection fees shall be paid by the customer.
[Ord. No. 879-01 Art. VI §§1 — 2, 10-15-2001]
A. 
The City shall review that 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.