[R.O. 2004 § 700.010; CC 1978 § 67.010; Ord. No. 576 §§ A — C(67.010), 4-30-1996]
A. 
The City of Lake Lotawana, Missouri, shall collect sewerage service charges for the use and services rendered by the City's sanitary sewerage system from the owners or occupants of each lot, parcel of real estate or building which:
1. 
Is connected to the sanitary sewer system;
2. 
Discharges wastewater of any type either directly or indirectly into said sanitary sewer system; or
3. 
Is not connected, but has water service connected and current consumption as well as said sewer services available to such property. Under this provision, any owner or occupant of a property which has services available will be charged the rate as defined in Section 700.030. It is the responsibility of the customer to notify the City that a property is not connected to the public water system.
B. 
Definition. "Available," as used in this Section, is defined to mean public wastewater treatment services are provided by the City of Lake Lotawana, Missouri, within one hundred (100) feet of the property line. The Director of Public Works/Engineering will determine availability considering all relevant factors, including, but not limited to, the following: the elevation of the property, the composition of the subterrain, the effect such connection will have on the surrounding system, and the public health and welfare.
C. 
Sanitary sewer charges are hereby established at a rate sufficient to recover the costs of operation and maintenance, including the replacement of the sewerage system of the City. Also, they may be used to pay principal and interest on sanitary sewer bonds; for the fulfillment of agreements authorized by the Board of Aldermen of Lake Lotawana and finally for any improvements and extension to the system, or to provide for such replacement needs of the City's sewerage system. The projection will be reviewed and updated (as necessary) as part of the annual review of the sewerage system. The amount that will be set aside annually shall represent a uniform annual deposit necessary to meet identified replacement needs as they occur.
D. 
All revenue from the base and volume charges shall be deposited in the Sanitary Sewer Fund. The Sanitary Sewer Fund accounts shall be segregated from all other City funds.
[R.O. 2004 § 700.020; CC 1978 § 67.020]
The Governing Body of the City of Lake Lotawana, Missouri, hereby finds and determines that the rates, fees and charges for the use and services of the sanitary sewerage system of the City necessary and adequate at this time to meet the requirements of Sections 250.010 to 250.250, inclusive, RSMo., 1969, are as hereinafter specified.
[R.O. 2004 § 700.030; CC 1978 § 67.030; Ord. No. 584 §§ 1 — 2(67.030), 12-30-1996; Ord. No. 604 §§ 1 — 2, 6-16-1998; Ord. No. 612 §§ 1 — 2, 6-15-1999; Ord. No. 649 §§ 1 — 2, 6-19-2001; Ord. No. 669 §§ 1 — 2, 7-16-2002; Ord. No. 689 §§ 1 — 2, 6-17-2003; Ord. No. 753 §§ 1 — 2, 7-19-2005; Ord. No. 800 §§ 1 — 2, 7-19-2005; Ord. No. 801 §§ 1 — 2, 9-7-2006; Ord. No. 831, 4-16-2007; Ord. No. 851 §§ 1 — 2, 11-20-2007; Ord. No. 863 §§ 1 — 2, 3-17-2008; Ord. No. 871, 5-22-2008; Ord. No. 881, 1-20-2009]
A. 
Upon enactment of this Section, the sanitary sewer service charges to be charged and collected for the use and services of the City sewerage system shall be as follows:
[Ord. No. 16-05, 4-5-2016; Ord. No. 17-02, 3-7-2017; Ord. No. 18-04, 6-19-2018; Ord. No. 23-19, 12-5-2023]
1. 
The base monthly rate:
a. 
Shall apply to the following:
(1) 
Individually metered units designed and intended for residential occupancy;
(2) 
Unattached garages with a sewer connection; and
(3) 
Commercial and industrial users, all persons and corporations other than the occupants of individually metered residential units. (When a customer has several water meters and a single sewer connection, each water meter shall be counted separately for purposes of sewer system billing.)
b. 
Base Monthly Rate Amount.
(1) 
The base monthly rate shall be charged as follows for 2024 and 2025 and then increased by three percent (3%) each year thereafter, subject to an annual review by the Mayor and Board of Aldermen who may adjust the rate in excess of three percent (3%).
Year
Base Rate
2024
$91.56
2025
$100.00
2. 
In addition to the base monthly rate, there shall each month be a monthly charge for use of the sewage system based on the volume of water used by each user. It shall be calculated as follows:
Year
Volume Use Rate
2024
$7.00
2025 and beyond
$7.50
a. 
Residential and non-full-time residents shall be based on monthly water consumption at the volume use rate, identified above, per one thousand (1,000) gallons used or increment thereof to a monthly maximum of six thousand (6,000) gallons.
b. 
Unattached garages shall be based on monthly water consumption at the volume use rate, identified above, per one thousand (1,000) gallons used or increment thereof to a monthly maximum of six thousand (6,000) gallons.
c. 
Commercial and industrial volume shall be based on monthly water consumption at the volume use rate, identified above, per one thousand (1,000) gallons used or increments thereof.
3. 
Water Usage Adjustment.
a. 
The City, herewith, amends this Section to provide for adjustment in the water usage portion of the sewer bill for the Lake Lotawana Sewer District Number 1 users for loss of water confirmed in writing by the applicable water district, and such adjustment shall be in the same formulation as that used by the water district.
b. 
Should the above adjustment result in a water usage less than the minimum stated in this Section, the provision for the minimum usage will remain in effect.
B. 
In order for the City to address the infiltration and inflow (I and I) problem of rainwater, surface water and groundwater entering the sanitary sewer system, the following program shall be implemented:
1. 
A charge as set forth in the Comprehensive Schedule of Fees and Charges[1] (the I and I charge) shall be assessed each sewer user determined by the Director of Public Works (Director) to have a sewer service line which is in a condition that permits rainwater, surface water or groundwater to enter the sewer system. A "sewer service line" is defined to be the piping that connects a residence or other building to the City-owned sewer lines. Such I and I charge shall commence in the month beginning ninety (90) days following the date the Director notifies the owner or occupant of such residence or other building of his/her determination and shall continue until such time as the Director receives a certification from a licensed plumber or professional engineer that the service line does not permit the entry of water from any source other than the sanitary drainage system of the residence or other building. For good cause (such as weather conditions that prevent work to repair or replace the service line), the Director may delay the imposition of the I and I charge for up to ninety (90) days.
[Ord. No. 17-02, 3-7-2017]
[1]
Editor's Note: See § 100.230 of this Code.
2. 
The Director of Public Works shall notify the owner or occupant of a residence or other building of his/her determination by certified mail to the billing address for the sewer billing for such residence or other building. Such notice shall include notification of the procedures under this Section. The owner or occupant of such residence or other building shall have thirty (30) days from the date of such notice to request a hearing before the Direct of Public Works to contest such determination. The request must be in writing filed with the City Clerk. The Director shall hold such hearing within ten (10) days of the request. The Director of Public Works shall render his/her final determination in writing within five (5) days of the hearing.
3. 
Any person aggrieved by the final decision of the Director or by the failure of the Director to make a decision in a timely manner may appeal to the Board of Aldermen by giving notice of their appeal to the City Clerk in writing. The Board of Aldermen shall hear the appeal at a special session called for such purpose or at the next regular session of the Board. The Board shall render its decision either upholding or reversing the Director's decision at the conclusion of the hearing. The Board may also delay the imposition of I and I charge for up to ninety (90) days.
4. 
Revenues generated by the I and I charge shall be dedicated to projects which reduce the infiltration and inflow of rainwater, surface water and groundwater into municipal and publicly-owned facilities and infrastructure.
[R.O. 2004 § 700.040; Ord. No. 576 § B(67.035), 4-30-1996; Ord. No. 584 §§ 1, 3(67.035)(A,1), 12-30-1996; Ord. No. 604 §§ 1, 3, 6-16-1998; Ord. No. 612 §§ 1, 3, 6-15-1999; Ord. No. 649 §§ 1, 3, 6-19-2001; Ord. No. 669 §§ 1, 3, 7-16-2002; Ord. No. 689 § 3, 6-17-2003; Ord. No. 753 § 3, 7-19-2005; Ord. No. 800 § 3, 7-19-2005; Ord. No. 801 § 3, 9-7-2006; Ord. No. 831, 3-20-2007; Ord. No. 851 § 3, 11-20-2007; Ord. No. 18-04, 6-19-2018]
A. 
The billing procedures for residential and non-resident accounts are as follows:
1. 
Basis for charges.
a. 
For residential users, monthly sewer charges shall be based on the actual water usage as determined each month by water meter readings.
b. 
For unattached garages, monthly sewer charges shall be based on the actual water usage as determined each month by water meter readings.
c. 
Industrial and commercial users' monthly sewer bills will be based on the actual monthly water usage as determined each month by water meter readings. If a commercial or industrial user is a consumptive user of water, or in some other manner uses water which is not returned to the sanitary sewer system, the user charge for that account can be based on a wastewater meter or separate water meter, installed and maintained at the user's expense, in a manner acceptable to the City.
d. 
The City, herewith, amends Ordinance No. 851 to provide for adjustment in the water usage portion of the sewer bill for the Lake Lotawana Sewer District Number 1 users for loss of water confirmed in writing by the applicable water district, and such adjustment shall be in the same formulation as that used by the water district.
e. 
Should the above adjustment result in a water usage less than the minimum stated in Ordinance No. 851, the provision for the minimum usage will remain in effect.
f. 
A twenty-five dollars ($25.00) charge for a processing fee shall be assessed to any sewer billing for which water service is disconnected due to being past due.
[R.O. 2004 § 700.050; CC 1978 § 67.050]
No sewerage services shall be furnished or rendered by the City's sewerage system or any of the facilities thereof free of charge to any customer or user thereof, other than the City itself.
[R.O. 2004 § 700.060; CC 1978 § 67.060]
If in any particular case special and unusual circumstances shall make the application of the sewerage rates and charges hereinbefore specified inequitable and unfair when applied to any commercial or industrial user, then, in any case, the Governing Body of the City shall have the right to modify the foregoing rates with respect to such customer and, in such case, may enter into contracts which shall provide for equitable and fair rates and charges for sewerage services.
[R.O. 2004 § 700.070; CC 1978 § 67.080; Ord. No. 576 §§ A — C(67.080), 4-30-1996; Ord. No. 828 § 1, 2-27-2007; Ord. No. 900, 10-20-2009]
A. 
All bills for the use and service of the sewerage system shall be due and payable at such place as the Board of Aldermen of the City may from time to time specify. The accounts representative shall be responsible for rendering such bills and shall, when reasonably possible, provide a combination utility billing which shall include the charges for the services of the wastewater treatment system, electric utility, water utility and such other services as may be provided from time to time. The accounts representative shall establish a due date for utility billings which shall be stated on the monthly billing statement.
B. 
Overdue Bills — Additional Charges.
[Ord. No. 17-02, 3-7-2017; Ord. No. 23-19, 12-5-2023]
1. 
If the sanitary sewer billing is not paid on the due date, an additional ten dollars ($10.00) shall be added thereto monthly. After any sanitary sewer bill shall become sixty (60) days delinquent, any and all water and sewer services to such subscribers may be discontinued and may not be resumed until all past due bills are paid in full, together with the City's and/or PWSD[1] No. 15's cost of disconnecting and reconnecting the service(s), any water bills which would have accrued during the time water service was disconnected, any required deposits and any court cost and attorney fees. It shall be the duty of the accounts representative or other representative of the City charged with the duty of collecting and receiving payment of sanitary sewer service charges to notify the Director of Public Works of the premises which, because of delinquency in payment of bills, are no longer entitled to service.
a. 
Processing Fee For Water Disconnects For Past Due Sewer Billings. A charge as set forth in the Comprehensive Schedule of Fees and Charges[2] for a processing fee shall be assessed to any sewer billing accounts for which water service is disconnected due to being past due.
[2]
Editor's Note: See § 100.230 of this Code.
[1]
Editor's Note: "PWSD" refers to the Public Water Supply District.
2. 
The ten dollar ($10.00) delinquency penalty will not be added to bills rendered to persons over the age of sixty-two (62) who are on Social Security or for persons who are recipients of survivor's benefit payments under Social Security, who are dependent upon such benefit payments for the payment of their sanitary sewer service charges, and provided an affidavit is signed, on a form to be provided by the accounts representative, declaring said dependency. The above exemptions will be allowed until such amounts due are in arrears of the due date for sixty (60) days or more at which time the ten dollar ($10.00) penalty will be added and the billing will become delinquent and subject to discontinuance of services.
C. 
It shall be the duty of the Director of Public Works, with proper notification from the accounts representative or other authorized representative, to notify Public Water Supply District No. 15 and coordinate termination of water services to all persons for failure to pay any amounts properly due for sanitary sewer service charge delinquencies. Such terminations will be in accordance with Chapter 393, Section 393.015, RSMo., the termination of water service agreement dated February 27, 2007, and subsequent between the City of Lake Lotawana, Missouri, and PWSD No. 15, and most current PWSD No. 15 policies and procedures applying to termination of water services. Please see Appendix on file in the City offices.
[R.O. 2004 § 700.080; Ord. No. 576 § B(67.085), 4-30-1996]
A. 
Any person desiring service as provided by the City sewer system shall complete the appropriate application provided by the City. A deposit will be required under the conditions and in the amount set out below:
1. 
Commercial And Industrial Customer.
a. 
Collection Of Deposits.
(1) 
Deposits will be collected from all commercial and industrial accounts except those accounts that have demonstrated good credit records as evidenced by an acceptable credit history for a comparable commercial or industrial account with the past twelve (12) months within the City; or a satisfactory Dun & Bradstreet credit appraisal rating.
(2) 
In the case of credit reports requested from an outside rating agency, the customer must agree to pay the cost of said credit report.
b. 
Amount Of Deposit Required.
(1) 
The amount of the required deposit will be as set forth in the Comprehensive Schedule of Fees and Charges.[1]
[Ord. No. 17-02, 3-7-2017]
[1]
Editor's Note: See § 100.230 of this Code.
(2) 
This estimated two-month bill will be arrived at by one (1) of the following three (3) methods at the City's sole option:
(a) 
An average based on the previous twelve (12) months actual consumption history at the particular location, times the current rates.
(b) 
An actual estimate to be prepared by the Public Works Department based on the actual types of equipment and physical plant involved in the location.
(c) 
Comparable Business Estimates.
(d) 
The estimated two-month billing based on those billings rendered to comparable businesses at other locations.
(e) 
The accounts representative shall be responsible for the determination of the appropriate deposit amounts.
c. 
Form Of Deposit. Deposits required under this Section may be made in any of the following types:
(1) 
Cash or cash equivalents (certificates of deposit, savings accounts, or other time deposits which are pledged to the City).
(2) 
Surety bonds.
(3) 
A letter of guarantee of payment from a Federally insured bank or savings and loan located within the metropolitan area.
d. 
Refund Of Deposits. In no case shall deposits required for commercial accounts in excess of five hundred dollars ($500.00) be refunded except upon closing out the account. Cash deposits of less than five hundred dollars ($500.00) are refundable after a twelve-consecutive-month history as an "acceptable credit risk" within the City.
e. 
Interest On Deposits. No interest shall be paid on refundable deposits required under this Section.
f. 
Application Of Deposits To Utility Charges And/Or Transfer Of Deposits.
(1) 
If requesting discontinuance of service at a present location and initiation of service at a new location, the customer may transfer account by telephone. Any charges due, outstanding, and unpaid on the former account may be transferred to the new account and that service to said new account may be discontinued for failure to pay any or all amounts due the City for present or previous service charges, regardless where incurred.
(2) 
The City, in such cases, shall not require duplicate deposits in reference to deposits made in cash. Changes in other forms of deposit relating to service address would be required, however.
2. 
Residential Customer.
a. 
Collection Of Deposits. Deposits shall be required for all unacceptable credit risks as evidenced by City records or as reported by outside credit reporting agencies and for all other residents except the following:
(1) 
Owner occupied residences.
(2) 
Other residences where the owner agrees to be responsible for any unpaid charges rendered to the property, even though not occupied by the owner. (In this case, the owner of the property may request billings to be directed to the owner's attention for distribution to the tenant.)
(3) 
Customers who have an established acceptable credit risk record with the City based on services rendered within the previous twelve-month period.
b. 
Amount Of Deposit. The amount of deposit required for residential accounts shall be calculated as set forth in the Comprehensive Schedule of Fees and Charges[2] with the exception of transferring residential deposits, which will remain the same as the previous location.
[Ord. No. 17-02, 3-7-2017]
[2]
Editor's Note: See § 100.230 of this Code.
c. 
Form Of Deposit. Deposits required of residential accounts may be in the same form as indicated for commercial and industrial accounts.
d. 
Refund Of Deposits. Deposits required under this Section for residential accounts may be refundable after a twelve-consecutive-month history as an acceptable credit risk within the City. Said refund is to be applied to payment of current sanitary sewer charges.
e. 
Interest On Deposits. No interest shall be paid on refundable deposits required under this Section.
f. 
Application And/Or Transfer Of Deposits. Application of deposits, except as noted under Subsection (A)(2)(d) above, shall be the same as indicated for commercial and industrial accounts.
B. 
All other Sections notwithstanding, any customer that becomes an "unacceptable credit risk" as herein defined will be required to post the appropriate deposit as a condition of continued sanitary sewer service.
C. 
The accounts representative or a duly authorized representative shall receive and collect the deposits provided for in this Section and shall issue a receipt for the same, keeping a duplicate on file. Such deposits shall be kept in a separate account to be known as the "Customer Service Deposit Account." Interest earned on said account shall be deposited to the credit of the Sanitary Sewer System Fund. Upon the discontinuance of the service of any subscriber and the payment of all bills for current service supplied, each subscriber shall be entitled to the return of the amount deposited, and upon failure of any subscriber to pay for current usage, such deposit may be applied and used for that purpose.
[R.O. 2004 § 700.090; CC 1978 § 67.090]
The occupant and user of the premises receiving sewerage services and the owner of such premises shall be jointly and severally liable to pay for such services rendered on such premises. The City shall have power to sue the occupant or the owner, or both, of such real estate in a civil action and receive any sums due for such service plus a reasonable attorney's fee to be fixed by the court.
[R.O. 2004 § 700.100; Ord. No. 576 § B(67.095), 4-30-1996]
A. 
Customers must apply in writing for an alteration, modification or elimination of the rate being charged or for a refund. Such notice must contain a statement outlining the necessary facts and conditions which would allow the customer a change in the rate charged or a refund. Such written notice is to be sent to the accounts representative who will make an initial finding of fact after affording the customer the opportunity to be heard.
B. 
If the customer is not satisfied with the initial finding, he/she may request in writing within ten (10) days a hearing before the Mayor. The Mayor will make findings of fact and issue the City's final decision. If the customer's request is granted, the adjustment shall be retroactive to the date when the charges first occurred. All refunds will be first applied as a credit against any balances due with any remainder being refunded by City check.
[R.O. 2004 § 700.110; CC 1978 § 67.100; Ord. No. 576 § B(67.100), 4-30-1996]
The Public Works Director shall be in charge of and shall be responsible for operation and maintenance of said system and shall cooperate with the other officers and representatives of the City in administering, carrying out and enforcing the provisions of this Article. Said Public Works Director shall be responsible for causing to be ascertained the premises receiving sewerage service from the City's sewerage system. The accounts representative shall be responsible for causing the charges to be billed to the occupants and owners of the premises served and for receiving payment thereof.
[R.O. 2004 § 700.120; Ord. No. 576 § B(67.105), 4-30-1996; Ord. No. 841 §§ 1 — 4, 8-21-2007]
A. 
No person shall reconnect a sewer service, without written permission from the Director of Public Works, when such service has been disconnected for non-payment of a sewer service bill.
B. 
In the event a property owner voluntarily discontinues sewer service, either by physically disconnecting service or disuse through the termination of water service, they may elect to continue to pay the current monthly minimum service bill or cease sewer payments entirely.
C. 
Should an owner of a property at which sewer service has been discontinued wish to resume service, such service may be restored for the current connection fee or the appropriate minimum monthly fees that have accrued during that time which service was disrupted, whichever is less.
D. 
If reestablishment of sewer service should require some expertise, physical labor, or mechanical components to be provided by the sewer utility, such costs will become a part of the reconnection fee.
[R.O. 2004 § 700.130; Ord. No. 576 § B(67.110), 4-30-1996]
A. 
The accounts representative and Public Works Director will annually review, in conjunction with the budget preparation process, the user charges, maintenance and operation costs, and improvement needs of the sewer system, and the accounts representative shall report his/her findings to the Board of Aldermen. When appropriate, the Board of Aldermen shall make adjustments to insure users bear their proportionate cost of service.
B. 
Each user will be notified annually, with a regular bill, of the rates.
[Ord. No. 821 § 1, 12-19-2006]
There shall be transferred quarterly from the public utility account, to the General Revenue Fund of the City, an amount equal to ten percent (10%) of the gross receipt of sewer service, which shall become a part of the general funds of the City to be used for any and all general purposes. The purpose of this quarterly transfer is to take the place of the franchise tax and shall include those operating revenues generated from the residential, commercial, and industrial sales of sewer service.