[CC 2008 § 8-900; Ord. No. 1330, 9-29-1954]
A. 
It is hereby found, determined and declared to be necessary for the public health, safety, welfare and benefit of the City of Milan, Missouri, and its inhabitants that the existing waterworks of said City and the sewerage system of said City, including all future improvements and extensions thereto, be combined and that they shall be operated and maintained as a combined waterworks and sewerage system.
B. 
Thenceforth, from and after the final passage of this Section, the waterworks and the sewerage system of the City of Milan, Missouri, as now or hereafter constructed, including all future improvements and extensions thereto, whether to the waterworks or to the sewerage system or to both, shall be and the same are combined and it is hereby declared that said waterworks and said sewerage system and all future improvements and extensions thereto as aforesaid, thenceforth be operated and maintained as a combined waterworks and sewage system.
[CC 2008 § 8-910; Ord. No. 1239, 7-7-1943]
A. 
No person shall deposit, or permit to be deposited, filth, debris, trash, decaying vegetable or animal matter in either one of the City reservoirs or lands adjacent thereto owned by the City.
B. 
No person owning or occupying land which drains into or on the City reservoirs or the land adjacent thereto owned by the City of Milan shall permit any trash, filth, debris, or bagatelle or animal matter to be or remain on their lands so that the same or water from the same shall drain or seep or be washed on to the lands of the City adjacent to said reservoirs or into said reservoirs so that the water in either of said reservoirs might or could be contaminated therefrom.
C. 
No person shall swim in any of the City reservoirs at any time.
D. 
Fishing and hunting is permitted in both City reservoirs and on the land adjacent thereto, subject, however, to the rules and regulations of the State Conservation Commission and subject to the provisions of this Section.
E. 
No person shall at any time hunt or shoot or discharge fire arms on the City reservoir or the land adjacent thereto owned by the City at any time except, however, during the duck season, hunters may shoot ducks and other wildlife as permitted by the State and Federal law with shotguns.
F. 
Boats may be used on both reservoirs subject to the following restrictions:
1. 
No person shall permit a boat owned or in his/her possession at any time to be on either reservoir or on the lands adjacent thereto owned by the City unless in charge of adult person over the age of twenty-one (21) years;
2. 
No person allowing a boat or having the same in his/her possession shall permit said boat to be on any reservoir or on the land adjacent thereto unattended;
3. 
No boat with a motor in excess of five (5) horsepower shall be permitted on either of the reservoirs;
4. 
No person shall operate a boat of any kind on any of said reservoirs in a reckless manner;
5. 
All boats operated on said reservoirs shall be operated with due regard to the rights of other persons.
[CC 2008 § 8-920; Ord. No. 802, 5-14-1912]
A. 
Any person who shall interfere with injure damage or trespass on the City reservoir or ground, the distributing system, pumps, machinery, fire hydrants or other apparatus or appurtenances of the City waterworks system shall be deemed guilty of an ordinance violation and upon conviction then of shall be punished as provided in this Section.
B. 
Any person who shall open any valve, fire hydrant or plug of the City waterworks system, is hereby declared to be interfering and trespassing on said waterworks system.
C. 
This Section shall not apply to any officer of the City or any employee of the City, when such officer or employee is acting in the performance of his/her duty of said City.
[CC 2008 § 8-930; Ord. No. 1239, 7-7-1943]
A. 
Any person violating any of the provisions of Section 700.020 shall be deemed guilty of an ordinance violation and upon conviction thereof shall be punished as set forth in Section 100.220 of this Code.
B. 
Any person violating the provisions of Section 700.020 shall be deemed a trespasser and in addition to the penalty herein above fixed may be prosecuted in any court of competent jurisdiction as a trespasser.
[CC 2008 § 7-010; Ord. No. 2266, 12-16-2002; Ord. No. 2773, 7-1-2019; Ord. No. 2798, 8-2-2021; Ord. No. 2844, 5-20-2024]
A. 
For any premises receiving the services of the utilities supplied by the City of Milan, the occupant and user of said premises receiving said services shall be jointly and severally liable for the payment of such services and all services rendered by the City only on the condition that such occupant, and user shall be jointly and severally liable therefor to the City.
B. 
The Board of Aldermen shall set deposit fees periodically as necessary to meet the costs associated with providing the following services:
1. 
Electricity.
2. 
Natural gas.
3. 
Water.
C. 
For property owners connecting utilities to residential property that they own, a deposit shall be made; such deposit shall be set by the Board of Aldermen from time to time.
D. 
Commercial Establishment's Requirements.
1. 
For any commercial establishment or for any use other than single-family residential use, they shall be required to meet one (1) of the following provisions:
a. 
Make a deposit based on twice the estimated amount of thirty (30) days' bill for those services requested for new accounts and be adjusted to twice the actual average as necessary. If requested, customer can pay one-half (1/2) of the deposit in advance and make payment arrangements on the remaining balance upon approval from the Board of Aldermen.
b. 
Furnish equivalent bond or letter of credit.
2. 
Commercial security deposits may be waived upon the commercial customer having established a minimum of three (3) years' continuous timely payments.
E. 
The following provisions shall apply to all utility customers of the City:
1. 
Service deposits may be transferred or applied to a new residence or business location if a customer moves. Adjustments shall be made if the amount of deposit is inadequate or excessive.
2. 
The City Clerk may require an additional security deposit as a condition of continued service if, in an unauthorized manner, the customer interferes with or diverts the service of the utility situated on or about or delivered to the customer's premises.
3. 
No additional security deposit shall be required by the City of Milan on the basis of the customer's age, sex, race, creed, national origin, marital status, number of dependents, source of income, or geographical are of residence.
4. 
Upon termination of service, the deposit shall be credited to the final bill and the balance, if any, shall be returned to the customer.
F. 
Prior to hooking up any utilities to property, a completed application shall be filed with the City, detailing the prospective customer's name, date of birth, Social Security number, address at which the water is to be connected, daytime telephone number, and mailing address if it is different from the service address. Applicants will also be required to indicate if they "rent" the residence and provide complete current landlord contact information as listed under Section 535.185, RSMo. Section 250.140, RSMo., provides for payment by landlord in the event of non-payment by renter. Renters will also be asked to provide a copy of the lease showing the address and indicating their right to occupy the residence.
G. 
All deposits made hereunder shall be held by the City of Milan for any charges incurred, and in the event utility charges are not timely paid, the deposit shall be used to pay any such charges.
H. 
A water and sewer service customer who requests the City to provide water and sewer service to the premises such customer owns and/or occupies, and the owner of such premises to the extent and upon the conditions set forth in Section 250.140, RSMo., shall be jointly liable for all charges for such services, together with deposits, late payment penalties, service call charges, connection fees, restoration fees and all other fees or charges for water and sewer services provided to the premises. Residential water and sewer service which is terminated by the City due to non-payment shall be billed for the full month during which service is terminated regardless of the date of termination, but shall not be billed after the end of such month until and unless such service is restored by the City upon receipt of full payment of all past due charges, late payment penalties, connection fees, restoration fees and all other fees related to service termination and restoration. As required by Section 250.140, RSMo., the City shall make a good faith effort to notify the owner of the premises receiving such municipal services (who is not also the occupant thereof) when the occupant (water and sewer service customer) is delinquent in payment for thirty (30) days to inform the owner of the delinquency and amount thereof. As provided by State law, such owner shall be liable for amounts due not to exceed ninety (90) days of such municipal services. In addition, any notice of termination of service shall be sent to both the occupant and the owner of the premises receiving such municipal services. As authorized by Section 250.140, RSMo., the City shall have the power to sue said occupant or owner, or both, to recover any sums due hereunder less any deposit held by the City, and may recover reasonable attorney fees as fixed by the court. The City may also file a statutory lien upon the premises for unpaid sewer services as authorized by Section 250.234, RSMo., if the City first provides the owner with notice of default and an opportunity to be heard before such lien is filed and recorded. If the City obtains a judgment against the owner for non-payment of delinquent water service as set forth above, the City may also record said judgment as a judicial lien upon the premises.
[CC 2008 § 7-020; Ord. No. 1564, 3-17-1980]
Should any renter have any or all utility services cut off for non-payment of monthly bill, the deposit shall be applied to the amount due. No tenant whose service is discontinued shall have service restored until the past due bill is paid in full and a deposit made in accordance with the requirements of this Section. Nor shall any member of the household, wife, child, relative or other person living in the household be permitted to have service restored without payment of bill in full and making the deposit above required.
[CC 2008 § 7-030; Ord. No. 1366, 6-27-1960]
The deposit herein required shall be refunded to the maker when service is discontinued and all accounts for water and lights are paid in full. Should any user become delinquent and service is discontinued, the Board of Aldermen at its next regular meeting shall apply the deposit or as much thereof as may be necessary to discharge the past account and shall cause the remainder of the deposit, if any, to be mailed to the person making the deposit. If a deposit has been depleted by having applied to past due account, services shall not be restored to such person until the deposit herein required is made.
[CC 2008 § 7-040; Ord. No. 1155, 5-15-1935; Ord. No. 2550, 7-5-2011]
A. 
If service of consumer is discontinued for non-payment of bill, violation of contract, or temporarily disconnected at the request of the consumer (except when necessary for maintenance of service), and later is reconnected, the consumer shall pay costs of disconnecting and reconnecting service before service is restored; which amount shall be determined by the Board of Aldermen, of the City of Milan, Missouri.
B. 
The fees for reconnection of service shall be set as follows:
Service
Fee
Electric
$10.00
Natural gas
$15.00
Water
$10.00
[CC 2008 § 7-050; Ord. No. 1155, 5-15-1935]
In the event of a dispute arising between the consumer and the department as to the amount of the bill, or if an adjustment is desired by the consumer, complaint must be made before the 10th day of the month to the Board of Aldermen. No account will be adjusted unless complaint in writing is made prior to the 10th day of the month after service is rendered; in other words, the right to have an account adjusted ceases when the discount period on the bill terminates. The action of the Board of Aldermen on all occasions for the adjustment of the accounts shall be final, and as a part of the adjustment of the account, the bill must be paid at the time of adjustment. Should complaint be made because of an irregularity of the meter at the time the request for an adjustment of the account, the Board of Aldermen shall cause the meter to be tested and if found correct, no adjustment may be made; if found inaccurate, then such adjustment of the bill may be made by the Board of Aldermen as in its opinion may be right and fair. And for the purpose of testing the meter, the Board of Aldermen, where an adjustment is asked, may extend time for the payment of such account until such time as the meter is tested, which shall in no event be longer than for a period of fourteen (14) days after the application for the adjustment is made.
[CC 2008 § 7-060; Ord. No. 1155, 5-15-1935]
The duly authorized agents of the department shall have access at all reasonable hours to the premises of the consumer for the purpose of inspecting wiring and apparatus, removing the department's property, reading meters and other purposes incident to the carrying out of the department's contract with consumer. The department, however, does not assume the duty of inspecting the consumer's wiring, machinery or apparatus, and will not be responsible therefor.
[CC 2008 § 7-070; Ord. No. 1155, 5-15-1935]
Consumer's installation shall be installed and maintained by consumer and at consumer's expense in a safe and efficient manner, in accordance with the department's rules and regulations and in full compliance with all laws and governmental regulations applicable to same.
[CC 2008 § 7-080; Ord. No. 2656, 4-7-2014; Ord. No. 2796, 8-2-2021; Ord. No. 2825, 5-1-2023; Ord. No. 2841, 5-6-2024; Ord. No. 2851, 7-15-2024]
A. 
The Board of Aldermen shall set utility rates periodically as necessary to meet the costs associated with providing electric, water, sewer, and natural gas services.
B. 
The following rates are established for customers of the City of Milan utility services.
1. 
Electric energy is charged on the basis of kilowatt hours (kwh). Demand is charged on the basis of kilowatt (kw).
a. 
Residential:
(1) 
Minimum for first fifty (50) kwh at $0.2920: fourteen dollars and sixty cents ($14.60).
(2) 
Next two hundred (200) kwh: $0.1243/kwh.
(3) 
All above two hundred fifty (250) kwh: $0.1015/kwh.
(4) 
Demand charge: ten dollars and fifty cents ($10.50) per month**
[** Only accounts in excess of three hundred ninety-nine (399) kw/month].
b. 
Commercial and industrial:
(1) 
Minimum for first fifty (50) kwh at $0.3368: seventeen dollars and eighty-eight cents ($17.88).
(2) 
Next two hundred (200) kwh: $0.1287/kwh.
(3) 
All above two hundred fifty (250) kwh: $0.1109/kwh.
c. 
Demand meters:
(1) 
Meter charge: twenty-five dollars and fifty cents ($25.50).
(2) 
Kilowatt demand charge: eleven dollars ($11.20) per kw.
(3) 
Energy charge: $0.0751/kwh.
2. 
Water.
a. 
Inside the City limits:
(1) 
Current rate: eighteen dollars and forty-nine cents ($18.49) minimum for first one thousand (1,000) gallons; eight dollars and seventy-four cents ($8.74) per one thousand (1,000) gallons for all over one thousand (1,000) gallons.
b. 
Outside the City limits:
1 to 1,000 gallons
$20.01 minimum for first 1,000 gallons
1,001 to 2,000 gallons
$20.51/1,000 gallons
2,001 to 3,000 gallons
$20.18/1,000 gallons
3,001 to 4,000 gallons
$17.88/1,000 gallons
4,001 to 5,000 gallons
$16.49/1,000 gallons
5,001 to 6,000 gallons
$15.57/1,000 gallons
6,001 to 7,000 gallons
$14.91/1,000 gallons
7,001 to 8,000 gallons
$14.41/1,000 gallons
8,001 to 9,000 gallons
$14.03/1,000 gallons
Over 9,000 gallons
$11.00/1,000 gallons for all over 9,000 gallons
c. 
Water customers outside the City limits will be required to purchase, at their expense, a radio-read water meter. The make and model is to be determined by the City.
3. 
Sewer.
a. 
Inside the City limits and Auburn Hills subdivision:
(1) 
Current rate: twenty-one dollars and forty-nine cents ($21.49) minimum for first one thousand (1,000) gallons; five dollars and forty cents ($5.40) per one thousand (1,000) gallons for all over one thousand (1,000) gallons.
Auburn Hills Additional Surcharge of twenty dollars and forty-five cents ($20.45) per month maintenance.
b. 
Debt service charge:
(1) 
Residential: eight dollars and fifty cents ($8.50) per month.
(2) 
Exempt: twelve dollars ($12.00) per month.
(3) 
Commercial: twelve dollars ($12.00) per month.
(4) 
Industrial: twelve dollars ($12.00) per month.
4. 
Natural Gas. Base meter charge is fourteen dollars and sixty-two cents ($14.62). Customer charge is three dollars and fourteen cents ($3.14). Rate/Decatherm (Dth) is variable-based on market price + nominal wheeling fee of two dollars and fifteen cents ($2.15) per mcf.
[CC 2008 § 7-090; Ord. No. 2251, 8-5-2002; Ord. No. 2704, 11-16-2015]
A. 
The term "demand," as used herein, shall mean the highest rate in kilowatts at which energy is delivered during any thirty-minute interval during the month.
B. 
The billing demand shall be the greater of the demands computed under the highest demand in kilowatts established during any thirty-minute period during the preceding month; or the highest demand established during any of the preceding eleven-month period.
C. 
Demand charges shall be added to and become a part of the monthly electrical billing.
D. 
All ordinances regarding delinquencies, penalties, cutoff, and reconnect shall apply to demand charges.
[CC 2008 § 7-100; Ord. No. 1915, 12-7-1992]
A. 
When Collected. The Missouri State primacy fee will be billed in December and collected in January. This fee will be stated separately on the customers utility bill as a State fee.
B. 
Amount Of State Fee. The charge assessed against each customer of the City utility is established by the State on an annual basis. The City shall use its records to determine the initial fee, which, unless challenged within thirty (30) days after the date the fee becomes delinquent, shall be conclusively presumed to be accurate.
C. 
Authority Of The City Clerk. The City Clerk is directed to obtain the necessary services and supplies to comply with this decision, including new State billing forms and computer programming services as required.
[CC 2008 § 7-110; Ord. No. 1429A, 6-24-1968]
All water meters shall be read and bills for water and sewerage services shall be rendered monthly as such services accrue. The City Clerk or other officer or representative of the City designated to prepare and render bills for water and sewerage services shall calculate monthly the amount of each bill for water service and sewerage service and shall render monthly to each customer a combined bill for such water and sewerage services. All such bills shall be due and payable at the office of the City Clerk during the regular hours of business from and after the date of the rendition thereof.
[CC 2008 § 7-120; Ord. No. 1542, 3-6-1978]
All increases and decreases of the cost of electrical energy and natural gas by the supplier shall be passed to the users of the natural gas and electrical energy when such increase or decrease in cost of electrical energy and natural gas becomes effective in billings to the City.
[CC 2008 § 7-130; Ord. No. 1607, 2-7-1983; Ord. No. 2250, 7-1-2002]
A. 
All utilities supplied by the City of Milan shall be paid on or before the 10th day of each month and if not paid by said date, a penalty of ten percent (10%) on the unpaid gas, electric, sewer and water bills shall be assessed on the unpaid utility bill. If the consumer believes the amount due is not correct, he/she may meet with the Utility Collector and present such proof as to why the amount shown due is incorrect. The Utility Collector is empowered to adjust customer bills in case of error.
[Ord. No. 2595, 10-1-2012; Ord. No. 2596, 10-15-2012]
B. 
If bills are not paid on or before the 19th day of each month, the utilities shall, without further notice, be disconnected.
[Ord. No. 2548, 6-6-2011]
Water users of the City of Milan living outside the City of Milan shall have primary responsibility for the maintenance and/or replacement of their water meter. These customers shall be notified in writing by the City of Milan when it is determined that such maintenance or replacement of their water meter is necessary to insure an accurate metering of water sold to said customer. Failure to repair or replace the meter within thirty (30) days will result in customer's water account being billed for the amount of ten thousand (10,000) gallons of water each subsequent billing cycle until meter is either repaired or replaced such that it provides an accurate metering of water sold to customer.