[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 (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]
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 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 for a processing fee shall be assessed to any sewer billing
accounts for which water service is disconnected due to being past
due.
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.
[Ord. No. 17-02, 3-7-2017]
(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).
(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 with the exception of transferring residential deposits,
which will remain the same as the previous location.
[Ord. No. 17-02, 3-7-2017]
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.