[Ord. No. 2072 Art. I, 5-6-2003]
It is determined and declared to be necessary and conducive
to the protection of the public health, safety, welfare and convenience
of the City of Parkville to collect charges from all users who contribute
wastewater to the City's treatment works. The proceeds of such charges
so derived will be used for the purpose of operating, maintaining
and retiring the debt for such public wastewater treatment works.
[Ord. No. 2072 Art. II, 5-6-2003]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Chapter shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5)
days at twenty degrees Centigrade (20°C), expressed in milligrams
per liter (mg/l).
The City of Parkville.
Wastewater that has a BOD concentration of not more than
two hundred fifty (250) milligrams per liter and a suspended solids
concentration of not more three hundred (300) milligrams per liter.
All expenditures during the useful life of the treatment
works for materials, labor, utilities and other items which are necessary
for managing and maintaining the sewage works to achieve the capacity
and performance for which such works were designed and constructed.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed. The term "operation
and maintenance" includes replacement.
Any contributor to the City's treatment works whose lot,
parcel of real estate or building is used for domestic dwelling purposes
only.
The solids that either float on the surface of or are in
suspension in water, sewage or other liquids and which are removable
by laboratory filtering.
Sewer Service Operation, Maintenance and Replacement Fund.
Is mandatory; MAY: Is permissive.
Any devices and systems for the storage, treatment, recycling
and reclamation of municipal sewage, domestic sewage or liquid industrial
wastes. These include interceptor sewers, outfall sewers, sewage collection
systems, individual systems, pumping, power and other equipment and
their appurtenances; extensions, improvements, remodeling, additions
and alterations thereof; elements essential to provide a reliable
recycled supply such as standby treatment units and clear well facilities;
and any works, including site acquisition of land, that will be an
integral part of the treatment process or is used for ultimate disposal
of residues resulting from such treatment (including land for composting
sludge, temporary storage of such compost, and land used for the storage
of treated wastewater in land treatment systems before land application);
or any other method or system for preventing, abating, reducing, storing,
treating, separating or disposing of municipal waste or industrial
waste, including waste in combined stormwater and sanitary sewer systems.
The estimated period during which the treatment works will
be operated.
That portion of the total wastewater service charge which
is levied in a proportional and adequate manner for the cost of operation,
maintenance and replacement of the wastewater treatment works.
A water volume measuring and recording device furnished and/or
installed by Missouri American Water Company or its successors or
furnished and/or installed by a user and approved by the City of Parkville.
[Ord. No. 2072 Art. III, 5-6-2003; Ord. No. 2227 §1, 12-20-2005]
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 treatment works 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 treatment works, shall be established
by this Section.
B.
Operation And Maintenance. That portion of the total user charge collected which is designated for the operation and maintenance, including replacement, purposes as established in Section 703.040 shall be deposited in a separate non-lapsing fund known as the Sewer Service Operation, Maintenance and Replacement Fund. Funds will be kept in four (4) 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 treatment works. Deposits in the Operation
and Maintenance Account shall be made at least monthly from the operation
and maintenance revenue sufficient to equal the approved annual operating
budget for the operation and maintenance of the wastewater treatment
works. "Operations and maintenance" shall be defined as the total sewer fund budget exclusive of plant and equipment replacement expenses, debt retirement expenses and Capital Reserve Fund contributions as defined in Section 703.030 (B)(2 — 4)
2.
The Replacement Account shall be an account designated for the purpose
of ensuring replacement needs over the useful life of the treatment
works. Deposits in the Replacement Account shall be made at least
annually from the replacement revenue in an amount sufficient to equal
the amount budgeted for equipment replacement expenses in the approved
annual budget for the Sewer Fund.
3.
The Debt Service Account shall be an account designated for the purpose
of paying the costs of debt retirement. Deposits shall be made at
least annually from the operation revenue sufficient to cover the
annual costs of debt retirement.
4.
The Sewer Debt Reserve and Sewer Depreciation Accounts shall be maintained
as required by existing bond ordinances until such debt is fully retired.
These accounts are fully funded and will require no further deposits
unless funds are removed from them prior to the retirement of the
bonds.
C.
Fiscal year-end balances in all accounts listed in Subsection (B) 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 any of the accounts listed in Subsection (B) shall be returned to their respective accounts upon appropriate adjustment of the user charges rates for operation, maintenance and replacement. The user charge rates shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year in which the monies were borrowed.
[Ord. No. 2072 Art. IV, 5-6-2003; Ord. No. 2227 §2, 12-20-2005; Ord. No. 2290 §1, 10-3-2006; Ord. No. 2306 §§1 —
3, 12-19-2006; Ord. No. 2374 §§1 — 3, 11-6-2007; Ord.
No. 2454 §§1 — 3, 12-2-2008; Ord. No. 2454 §§1 — 3, 12-2-2008;
Ord. No. 2512, 12-15-2009; Ord. No. 2513, 12-15-2009; Ord. No. 2513 §1, 12-15-2009; Ord. No. 2727 §1, 1-21-2014; Ord. No. 2797 §1, 1-20-2015; Ord. No. 2835 §1, 1-19-2016; Ord. No. 2882 § 1, 1-17-2017; Ord. No. 2934, 1-16-2018; Ord. No. 3076, 7-6-2021; Ord. No. 3122, 2-15-2022; Ord. No. 3167, 2-7-2023; Ord. No. 3212, 12-19-2023; Ord.
No. 3226, 8-20-2024]
A.
Each
user shall pay for the services provided by the City based on that
user's use of the treatment works as determined by water meters acceptable
to the City.
B.
For
residential contributors, monthly user charges will be based on average
monthly water usage for periods ending during the months of January,
February and March. If a residential contributor has not established
a January, February and March average, their monthly bill shall be
the median charge of all other residential contributors.
C.
For
Residential Users.
1.
A base rate for basic service is established for each customer. A
City water usage average, as well as a water usage average for each
customer is established on a yearly basis using actual water readings
for three (3) consecutive winter months. Each customer's final rate
is calculated based on their average water usage for the previous
year or the City average if no water usage is reported by the water
provider.
2.
Any "user" not connected to the sewage collection system available to them shall pay a monthly user fee equal to the rate as determined in Section 703.040(E).
3.
If, due to the customer's long-term absence from the property, the
average water usage for any customer is less than the amount established
by the water company or billing agent to calculate minimum monthly
water charges, then the billing agent shall calculate the customer's
average water usage at an amount equal to the minimum water usage
established by the water company or billing agent.
4.
For multi-family dwellings, average water usage will be calculated
using the average water usage for the building divided by the total
number of living units within the building.
D.
For
Non-Residential Users.
1.
For industrial and commercial contributors, user charges shall be
based on water used during the current month. If a commercial or industrial
contributor has a consumptive use of water or in some other manner
uses water which is not returned to the wastewater collection system,
the user charge for that contributor may be based on wastewater meter(s)
or separate water meter(s) installed and maintained at the contributor's
expense and in a manner acceptable to the City. If a commercial or
industrial contributor can demonstrate through use history and the
nature of the enterprise that increased summer usage is due to watering
and does not contribute to sewer usage, this commercial or industrial
contributor may elect the winter averaging method if so approved by
the authorized personnel of the City.
2.
For the purpose of establishing the annual rate schedule for users
in this category, equivalent billing units shall be established for
each address. If the total square footage of any given address is
more than three thousand (3,000), the equivalent billing units shall
be determined by adding together the total square footage of each
floor of the building and dividing by three thousand (3,000). Fractions
shall be rounded down to the nearest whole number. The "billed units"
shall equal the equivalent billing units as established by this formula.
Average water usage will be calculated using the average water usage
for the building divided by the total number of equivalent billing
units within the building.
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Total Square Feet
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__________
3,000
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=
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Equivalent Billing Units
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E.
The
minimum charge, per month, shall be twenty dollars twenty-six cents
($20.26). The minimum charge shall apply to all properties connected
to the sewer system regardless of water consumption. In addition,
each contributor shall pay a user charge for operation and maintenance,
including replacement, of nine-fifty-eight-hundredths cents ($0.958)
per one hundred (100) gallons of water as determined in the preceding
Section.
F.
For
those contributors who contribute wastewater the strength of which
is greater than normal domestic sewage, a surcharge in addition to
the normal user charge will be collected. The surcharge for operation
and maintenance, including replacement, is:
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$1.1861 per pound BOD
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$1.0201 per pound SS
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G.
Any
user which discharges any toxic pollutants which cause an increase
in the cost of managing the effluent of the sludge from the City's
treatment works or any user which discharges any substance which singly
or by interaction with other substances causes identifiable increases
in the cost of operation, maintenance or replacement of the treatment
works shall pay for such increased costs. The charge to each such
user shall be as determined by the responsible plant operating personnel
and approved by the Board of Aldermen.
H.
The
user charge rates established in this Chapter apply to all users of
the City's treatment works regardless of the user's location.
I.
Any
customer whose calculated rate for the coming year is higher than
the base rate, may appeal to the billing agent or their designee.
Rate appeals may only be granted in the following instances:
1.
Change Of Ownership.
a.
Proof of purchase with purchase date must be provided.
b.
Purchaser must be planning to occupy residence for which appeal is
being filed.
c.
Three (3) consecutive months of water usage from a previous residence
occupied by the purchaser must be provided.
d.
Water usage provided must have been billed within twelve (12) months
of the date of purchase.
3.
In the case of apartment complexes consisting of multi-family units
of five (5) or more units per building, the owner of any apartment
complex may not file rate appeals for individual buildings. However,
the owner of an apartment complex may file a rate appeal on ALL buildings
within the complex providing the most recent past twelve (12) consecutive
months of water usage for the service address for which each appeal
is being filed. Upon completion of the review of all appeals within
the complex, the following will be applied:
a.
12-month averages per building that are lower than originally billed
by the billing agent shall be reduced to reflect the average actual
12-month usage and the monthly billing will be lowered to reflect
that change.
b.
12-month averages per building that are higher than originally billed
by the billing agent shall be increased to reflect the average actual
12-month usage and the monthly billing will be increased to reflect
that change.
4.
In the case where a new tenant has moved into a duplex rental unit,
rate appeals may be granted as follows:
a.
Rate appeal must be filed within forty-five (45) days of the effective
date of the new lease agreement.
b.
Proof showing effective date of the new lease agreement must be provided.
c.
Three (3) consecutive months of water usage from a previous residence
occupied by the lessee must be provided.
d.
Water usage provided must have been billed within twelve (12) months
of the effective date of the new lease agreement.
e.
Rate appeal approval or denial will be directed to the property owner
along with new billing information if warranted.
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In no case will approved rate appeals be retroactive, but, in
all cases, any revised rate(s) will take effect during the next billing
period following the appeal.
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Rate appeals will be accepted up to January 1st for the year
which the rate is to become effective or forty-five (45) days following
the date of notification of rates, whichever is later.
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If the customer is not satisfied with the decision of the billing
agent, the customer may within thirty (30) days ask, in writing, to
present their appeal to the City Treasurer.
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[Ord. No. 2072 Art. V, 5-6-2003; Ord.
No. 2797 §5, 1-20-2015; Ord. No. 3226, 8-20-2024]
A.
Billing
Responsibility. Sewer service shall be considered furnished to the
property owner. The property owner shall be responsible for the sewer
service charges.
1.
The billing agent will pro-rate bills or bill for partial service
based on the deed filed at the Platte County Office of the Recorder
of Deeds.
2.
The property owner or their designee may request the sewer bill be
submitted to the tenant. This request does not absolve the property
owner of responsibility of the sewer service charges if the tenant
fails to pay.
B.
Billing
Frequency. Bills for sewer service shall be submitted to customers
monthly after service has been rendered. Bills are due when prepared
by staff. Bills not paid within twenty-one (21) days of the prepared
date shall be subject to a ten percent (10%) late charge assessed
against the current charges. Failure of the billing agent to submit
bills shall not excuse the customer from their obligation to pay for
the sewer service provided.
C.
Failure
To Pay.
1.
If any customer should fail to pay a bill by the due date, the billing
agent may file a Notice of Delinquency pursuant to Section 204.455,
RSMo., 2000, as amended, in the Office of the Recorder of Deeds of
Platte County, Missouri, creating a lien on the property of the landowner
in favor of the City.
2.
If any customer account has a delinquent balance of at least one
hundred fifty dollars ($150.00), the billing agent shall send written
notice to the customer of the billing agent's intent to take any of
the following sanctions if not paid in full in thirty (30) days:
a.
The billing agent may request any private water company, public water
supply, City or municipality supplying water to the premises to discontinue
water service to the premises.
b.
The billing agent may institute legal proceedings against the landowner
or occupant or both for collection of all amounts due. The billing
agent may seek, in addition to the amount due under the sewer service
bill, court costs and reasonable attorney's fees if the billing agent
retains an attorney to assist in collection.
c.
The billing agent may file in the Office of the Recorder of Deeds
of Platte County, Missouri, a notice of lis pendens of any lawsuit
instituted by the billing agent.
d.
The billing agent may disconnect sewer service to the property in accordance with the procedure set forth in Section 700.420. All costs of disconnection of a sewer connection shall be billed to and paid by the landowner and shall be deducted from the security deposit, and any balance so remaining shall be collected by the billing agent in the manner provided by law for the collection of unpaid sewer charges. Any damage resulting to any tenant of the landowner or landowner's property as a result of disconnection of sewer service shall not be the responsibility of the City, its agents or employees.
3.
Any costs incurred by the City will be assessed against the customer's
account. The customer must pay all sewer service charges, penalties,
and associated costs in full before restorative action will be taken.
4.
The City may refuse to issue a connection permit requested by a delinquent
customer until the customer's balances are paid in full.
D.
Security
Deposits.
1.
The billing agent shall collect a security deposit from the customer
for each sewage generating unit located on the property. The security
deposit shall be fifty dollars ($50.00) per unit. The billing agent
shall apply the deposit to the customer's final bill and remit any
credits to the customer.
2.
Tenants receiving a sewer bill shall pay an additional fifty dollar
($50.00) deposit.
3.
Customers restoring service after failing to pay a delinquent balance
may be subject to an additional one hundred dollar ($100.00) deposit.
E.
Returned
Payments. Any customer submitting a payment to the billing agent which
is dishonored by the payer bank shall be subject to a fifteen dollar
($15.00) fee for each occurrence.
1.
If the dishonored payment was due to insufficient funds, the billing
agent may attempt to collect one (1) additional time before assessing
the fee.
[Ord. No. 2072 Art. VI, 5-6-2003]
A.
The
City shall review the 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.
