[R.O. 2012 §705.020; CC 1973 §36-30; Ord. No. 97-7-4 §705.020, 7-7-1997; Ord. No. 14-07-05 §35, 7-21-2014]
Any application for sewer service to a premise which is situated
outside the corporate limits of the City shall be made to the City
Council and the Council shall have the power to establish rules, regulations
and requirements prerequisite to be met before such application may
become effective; provided, that the fee required to be deposited
with such application shall be according to the Schedule of Fees,
Title I, Appendix A per building or lot, to be, or potentially to
be, served; provided, further, that all persons making application
for such service, their successors in title and assigns, agree to
comply with all requirements of the provisions of this Code, ordinances
of the City, and the rules, regulations and requirements established
by the Council; and provided further, that the approval or disapproval
of an application for any sewer connection outside the corporate limits
of the City shall be at the sole discretion of the City Council.
[R.O. 2012 §705.030; Ord. No. 6438, 10-7-1974; Ord. No.
97-7-4 §705.030, 7-7-1997; Ord. No. 01-5-3, 5-29-2001; Ord. No. 14-07-05 §36, 7-21-2014]
A.
A water
connection fee shall be charged to each applicant according to the
Schedule of Fees, Title I, Appendix A based on meter sizes. The City
shall tap the water main for all meter installations and furnish the
following materials included in the water connection fee for lines
up to and including two (2) inches:
Service saddle;
Corporation stop;
Yoke;
Meter well;
Cover with lid; and
Meter.
For all meter installations over two (2) inches, it shall be
installed by the owner, at his or her expense, with City approval
and per City standards.
B.
Upon
delivery of materials to the applicant, materials become the responsibility
of the applicant. All other material and all labor required to install
service line from the main to the property line shall be the responsibility
of the applicant, and shall be installed by a licensed plumber or
contractor licensed to do business in the City of Excelsior Springs.
The customer's service pipe between the property line and the structures
on the premise to be supplied shall be furnished and installed by
the customer at his/her expense and risk, and shall be installed in
accordance with existing City Codes.
C.
Meters
shall be required for all utility services provided by the City, the
use of consumption of which may vary as the demand for the same fluctuates.
The rate or charges for such utility services shall be determined
by the amount of such service measured as being consumed by such meter.
No attachment, tap or connection shall be allowed between the corporation
cock in the main meter. All meters installed under the provisions
of this Section shall be installed by the City and shall remain the
property of the City. The City shall have the right to determine,
on the basis of the customers stated flow requirements, the type and
size of meter to be installed and location of same. All meter installations
will be made at the property line except in such instances wherein
the property line is not practicable the City may issue a special
permit for other location of the meter, but in no case shall the City
be liable for maintenance of service lines installed on private property.
All meters installed at the property line shall be placed in a meter
box or vault in accordance with specifications of the City. Meter
box covers will be set to grade with the existing contours of the
ground.
[R.O. 2012 §705.040; Ord. No. 6438, 10-7-1974]
A.
It
shall be unlawful for any person other than a duly authorized employee
of the City to alter, change, deface, remove, interfere with, open
or in any way molest any meter situated or being in the City and used
in or for the supplying of any utility service to any consumer thereof
in the City.
B.
The
owners of premises wherein meters are located shall be held responsible
for their safekeeping and liable for any damage thereto resulting
from the carelessness of said owner, his/her agent or tenant, and
for failure to protect same against freezing and/or damage by hot
water. The City may refuse to supply water until such damage is paid.
[R.O. 2012 §705.050; Ord. No. 6142 §19, 4-6-1970; Ord. No. 6372, 12-17-1973; Ord. No. 97-7-4 §705.050, 7-7-1997; Ord. No. 99-9-12 §I, 9-20-1999; Ord. No. 13-11-03 §1, 11-18-2013; Ord. No. 14-07-05 §§37 — 39, 7-21-2014]
A.
Along
with the application for utility services, the applicant therefor
shall be required to pay to the City a deposit in an amount equal
to the charges for an average of two (2) month period; provided, however,
that in the event such service increases to a point where such deposit
is not equal to the charges for an average two (2) month period; the
required deposit may be increased to conform thereto.
B.
All
water service deposits shall be paid to the City in accordance with
the Schedule of Fees, Title I, Appendix A at the time of opening the
account for utility services.
[R.O. 2012 §705.060; Ord. No. 6142 §19, 4-6-1970; CC 1973 §36-34; Ord. No. 99-9-12 §II, 9-20-1999]
Additional water service connections may be made without an additional deposit to any resident owner of residential dwellings, for residential use only if the resident owner shall have met the requirements to receive a deposit refund as outlined in Section 705.050.
[R.O. 2012 §705.070; Ord. No. 6142 §19, 4-6-1970; CC 1973 §36-35; Ord. No. 99-9-12 §III, 9-20-1999]
A.
A refund
of the required deposit for utility service may be made to any consumer
thereof who is the owner of his/her own residential real property
if such owner shall have promptly paid his/her bills. "Promptly
paid" will be defined as follows:
B.
Upon
the termination or discontinuance of any utility service for which
a deposit was made by the consumer thereof, such deposit shall be
refunded to such consumer, less any charges due the City for such
utility service.
C.
Tenants,
purchases via a "Contract for Deed", and commercial properties shall
not be eligible for a deposit refund until utility service is terminated.
[R.O. 2012 §705.080; Ord. No. 6372, 12-17-1973; Ord. No.
6621 §XVI, 5-2-1977; Ord. No. 87-3-7, 3-23-1987; Ord. No. 91-3-2 §36-36, 3-18-1991; Ord. No. 92-12-9, 12-7-1992; Ord. No.
95-10-7 §1, 10-2-1995; Ord. No. 96-10-1 §V, 10-3-1996; Ord. No. 97-7-4 §705.080, 7-7-1997; Ord. No. 08-10-2 §36-36, 10-6-2008; Ord. No. 10-06-03 §2, 7-6-2010; Ord. No. 14-07-05 §40, 7-21-2014; Ord. No. 14-12-03 §2 — 3, 12-15-2014]
A.
NON-RESIDENTS
(NON-RESIDENT) COMMERCIAL ENTERPRISES
RESIDENTS
(RESIDENT) COMMERCIAL ENTERPRISES
Definitions. For the purposes of this Chapter, the following
terms shall be deemed to have the meaning indicated below:
For purposes of this Section, the term "non-resident" shall be interpreted to mean any user of water and/or sewer services
provided by the City of Excelsior Springs, to any private residence,
located outside the Excelsior Springs City limits, provided such City
services.
Any business for pay or profit outside the City limits.
Those residences which are located within the City limits
of Excelsior Springs, Missouri.
Any business for pay or profit within the City limits of
Excelsior Springs, which has been licensed to do business.
B.
Residents
and non-residents shall be charged for water and sewer service at
the rates established by ordinance of the City Council in accordance
with the Schedule of Fees, Title I, Appendix A.
C.
A ten
percent (10%) penalty may be charged on all accounts not paid within
the prescribed payment period.
D.
Responsibility
and authority for negotiating water and sewer service credits, made
necessary due to extenuating circumstances, is hereby vested in the
Finance Director of the City, acting for and on behalf of the City
Council.
E.
Fees
imposed by the Missouri Department of Natural Resources may be added
to resident and non-resident charges in the amount of the fee.
[R.O. 2012 §705.090; Ord. No. 5721 §8, 11-14-1961; CC 1973 §36-39]
The occupant and user of the premises receiving utility services
from the City and owner of said premises shall be jointly and severally
liable to pay for such services rendered on said premises.
[R.O. 2012 §705.100; Ord. No. 6239 §1, 3-6-1972; Ord.
No. 6372, 12-17-1973]
The City Clerk shall bill all customers of water and sewer service
monthly.
[R.O. 2012 §705.110; Ord. No. 87-5-2 §1, 5-18-1987; Ord. No. 99-9-12 §IV, 9-20-1999; Ord. No. 09-9-1 §1, 9-8-2009; Ord. No. 14-07-05 §41, 7-21-2014; Ord. No. 17-12-09, 12-18-2017; Ord. No. 20-06-09, 6-15-2020]
Should any customer of water and sewer service fail, refuse or neglect to pay any bill before their next billing date, the City shall notify the customer, on the next billing statement, of the intention of the City to discontinue service unless the past due bill be paid within the allotted time stated in the billing statement. Should such customer fail to pay the past due amount within the time stated in the billing statement, the City shall disconnect such service or services unless the customer has contacted the City and is in compliance with a written plan signed by the customer and approved by the City Manager (or his/her designee). Such payment plan shall provide that the installment payments shall include the customer's current month's balance plus the payment plan amount, and that these amounts are to be paid within the terms of the approved plan. Failure to make any installment payment of the approved payment plan voids such plan and the service is immediately subject to disconnect and the balance in full is due. Before any service or services may be restored, the customer shall pay all past due bills to the City, the reconnect fee according to the Schedule of Fees, Title I, Appendix A to cover the cost of the City in reconnecting such service or services, and any additional deposit required by Section 705.050(C).
[R.O. 2012 §705.120; Ord. No. 6142 §20, 4-6-1970; Ord. No. 6602 §1, 1-3-1977; Ord. No. 14-07-05 §42, 7-21-2014]
In the event a dispute arises between the City and a customer
of any utility service, as to the correctness of the measurement by
any meter, such meter may be removed and tested by the City. If upon
such test, such meter does not measure within five percent (5%) of
the correct amount of water passing through said meter, no charge
shall be made to the customer for checking the accuracy of said meter,
but if, upon checking said meter, it proves to measure the correct
amount of water used within five percent (5%), the customer shall
pay the Water Department the fee according to the Schedule of Fees,
Title I, Appendix A for the testing of the meter.
[R.O. 2012 §705.130; CC 1973 §36-44]
Customers wishing to discontinue the use of any utility service
furnished by the City shall give written notice thereof at the finance
office. Failure to do so shall render such customers liable for the
payment of all bills until such notice has been given.
[Ord. No. 21-05-09, 5-17-2021]
B.
Although there is no obligation for the City to adjust accounts when
the water has been metered properly, it is the City's desire
to encourage customers to make prompt and permanent repairs and to
show consideration for the unusual circumstances by sharing the cost
of excessive billing charges.
C.
If water from a leak goes into the sanitary sewer system, no credit
will be given on a utility bill. These leaks are considered as water
loss arising from carelessness, negligence or lack of due diligence
on the part of the customer, as it is the customer's responsibility
to promptly discover and stop the loss of water. Examples of leaks
that go into the sewer system are commode leaks, bathtub leaks, faucet
leaks, etc.
D.
The procedure for adjusting the sewer bill is as follows:
1.
Complete a utility bill adjustment application form.
2.
Provide proof of leak and the repair through receipts from a
plumber or for parts. (This requirement may be waived if repairs are
verifiable.)
3.
The City Manager or their designee may conduct a site visit
to confirm the location of the leak and verify that the water would
not have gone through the sewer system and that the repairs were made
and completed.
4.
If an adjustment is deemed appropriate, the bill will be reduced
to the customer's previous three (3) month average, prior to
leak. Adjustment for sewer portion only are eligible.
5.
Examples of leaks that do not go into the sewer system are leaks
underground or in crawl spaces, frozen and burst pipes, faulty water
heaters, where there is no drain hooked to the sanitary sewer system,
vandalism to plumbing that is documented in a police report and on
a case-by-case basis, unexplained water loss.
E.
Adjustments, if any, will be applied against a customer's account.
F.
The City Manager is authorized to promulgate rules and forms regarding
the carrying out of the terms of this Section.
G.
All adjustments must be finally approved and logged. In order to
receive an adjustment, the customer must apply within two (2) billing
cycles from the date of the leak.
[Ord. No. 21-09-06, 9-20-2021]
A.
Findings And Determinations. In 2011, the Missouri Supreme Court
issued its opinion in Arbor Investment Co., LLC v. City of Hermann,
in which the Court upheld the validity of a percentage-based, gross
receipts surcharge on a city utility fund to the general fund to compensate
for the loss of revenue that a private utility otherwise would be
paying the city as a franchise or similar fee, as well as recovery
of overhead, wear and tear, and related city expenses caused by the
utility. Accordingly, the City Council finds it is in the best interest
of the City and to further the public health, safety, and welfare
to impose a gross receipts surcharge on water utility revenue to the
General Fund.
B.
Surcharge Imposed. Effective October 1, 2021, there is imposed a
gross receipts surcharge on water utility revenue to the General Fund
in the amount of two and one-half percent (2.5%), such transfers to
occur quarterly.
C.
Further Authority. The City Manager, or her/his designee, shall implement
and administer this Section.
