City of Louisiana, MO
Pike County
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Table of Contents
Table of Contents
Note — Appendix A and B of ord. no. 6583 which is set out herein are on file in the city offices, as amended by ord. no. 6656, 6-10-2002.

Section 715.010 Purpose.

[R.O. 2008 §715.010; Ord. No. 6583 Art. I, 5-10-1999]
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City to collect charges from all users who use the City's water system. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public water system.

Section 715.020 Definitions.

[R.O. 2008 §715.020; Ord. No. 6583 Art. II, 5-10-1999; Ord. No. 6658, 8-12-2002; Ord. No. 21-2012 §1, 12-10-2012]
Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
HEAVY INDUSTRIAL USER
Any user of the City's water system which has a minimum monthly usage of one hundred fifty thousand (150,000) cubic feet, averaged from the previous twenty-four (24) months.
OPERATION AND MAINTENANCE
All expenditures during the useful life of the system for materials, labor, utilities and other items which are necessary for managing and maintaining the system to achieve the capacity and performance for which system was designed and constructed.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the system to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
RESIDENTIAL USER
Any user of the City's water system whose lot, parcel of real estate or building is used for domestic dwelling purposes only.
SHALL, MAY
"Shall" is mandatory; "May" is permissive.
USEFUL LIFE
The estimated period during which the treatment works will be operated.
USER CHARGE
That portion of the total water service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the water system.
WATER METER
A water volume measuring and recording device, furnished and/or installed by the City of Louisiana or furnished and/or installed by a user and approved by the City of Louisiana. The standard size for all meters will be five-eighths (5/8) inch. The customer will reimburse the City the difference in cost for a larger meter. The reimbursement will in no way transfer ownership of the meter from the City to the resident.
WATER TREATMENT WORKS
Any devices and systems for the storage, treatment, recycling,transmission and distribution of water. These include transmission and distribution lines, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof, elements essential to provide a reliable water supply such as standby treatment units and any works, including site acquisition of land that will be part of the treatment process.

Section 715.030 Revenues.

[R.O. 2008 §715.030; Ord. No. 6583 Art. III, 5-10-1999]
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 water 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 capital improvement and replacement of the water system shall be established by this Chapter.
B. 
That portion of the total user charge collected which is designated for the operation and maintenance including replacement purposes as established in Section 715.040, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Capital Improvement/Replacement Fund and will be kept in two (2) primary accounts as follows:
1. 
The Operational and Maintenance Account shall be an account, placed within the budget, designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the water system. Deposits in the Operation and Maintenance Account shall be made annually equal to one-sixth (1/6) of the net revenues of the Water Plant, Water Office, Administration and Distribution budgets (minus capital improvements/replacement fund, debt service, sales tax, primacy fee and garbage).
[Ord. No. 04-2014 §1, 3-10-2014]
2. 
The Capital Improvement/Replacement Fund account shall be an account designated for the purpose of ensuring replacement needs over the useful life of the water system. Deposits in the Capital Improvements/Replacement Fund shall be made weekly, in the amount of two hundred eighty-three dollars ten cents ($283.10) or five percent (5%) of the water user fees as described in Ordinance no. 6524 annually.
C. 
Fiscal year-end balances in the Operation and Maintenance Account and the Capital Improvement/Replacement Fund account 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 the Operation, Maintenance and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.

Section 715.040 Actual Use Rate Structure.

[R.O. 2008 §715.040; Ord. No. 6583 Art. IV, 5-10-1999; Ord. No. 16-2004, 5-10-2004; Ord. No. 12-2010 §4, 8-9-2010; Ord. No. 19-2014 §§1, 2, 10-13-2014; Ord. No. 20-2014 §1, 11-10-2014; Ord. No. 10-2015 §§1 — 2, 4-13-2015; Ord. No. 19-2015 §§1 — 2, 6-8-2015]
A. 
Each user shall pay for the services provided by the City based on its use of the water system as determined by water meter(s) acceptable to the City.
B. 
For residential/commercial and industrial users, both inside and outside of the City, monthly user charges will be based on monthly water usage.
C. 
It shall be mandatory to review the rates, which fund operations and maintenance of the water each February so that rates shall be revised every June to reflect the annual inflation rate as stated by the most current Consumer Price Index as published by the Federal Government. Rates as stated in Section 715.040(D), (E) and (F) and all other rate revisions shall not have a bearing on the annual rate review for inflation or be misconstrued as the annual inflation revision.
D. 
As of July 1, 2015, the minimum charge per month for residential/commercial in the City will be eight dollars seventy-three cents ($8.73) for zero (0) cubic feet of water usage and $0.038989 per cubic foot thereafter. As of June 1, 2016, the minimum charge per month for residential/commercial in the City will be no less than eleven dollars thirty-six cents (S11.36) for zero (0) cubic feet of water usage and $0.038989 per cubic foot thereafter.
E. 
As of July 1, 2015, the minimum charge per month for residential/commercial outside of the City will be seventeen dollars twenty-seven cents ($17.27) for zero (0) cubic feet of water usage and $0.038989 per cubic foot thereafter. As of June 1, 2016, the minimum charge per month for residential/commercial outside of the City will be no less than nineteen dollars ninety cents ($19.90) for zero (0) cubic feet of water usage and 50.038989 per cubic foot thereafter.
F. 
As of June 1, 2015, one dollar and forty cents of the minimum charge per month will be restricted to service debt relating to the project commonly referred to as "LT2." As of June 1, 2016, four dollars and three cents of the minimum charge per month will be restricted to service debt relating to the project commonly referred to as "LT2." After all debt is retired for "LT2," the four dollars and three cents of the minimum charge per month will be used for operations, maintenance, debt service, or required restricted funds of the drinking water system.
1. 
These rates and all other rate revisions shall not have a bearing on the annual rate review for inflation or be misconstrued as the annual inflation revision.
G. 
The user charge rates established in this Section apply to all users classified as residential/commercial in the City and residential/commercial outside of the City.

Section 715.050 Billing.

[R.O. 2008 §715.050; Ord. No. 6583 Art. V, 5-10-1999; Ord. No. 16-2010 §1, 9-13-2010; Ord. No. 14-2012 §1, 7-9-2012; Ord. No. 24-2015, 6-8-2015]
A. 
General Information.
1. 
All users will be billed monthly. Billings for each month will be generated on the 16th of each month. If the 16th falls on a weekend or holiday, bills will be generated the next business day. Any payment not received by the 10th of the next month will be deemed delinquent and subject to the monthly disconnection date set by the Water Office.
2. 
A late payment penalty of ten percent (10%) of the water user charge billed will be added to each delinquent bill on the 15th of each month. Disconnection notices will be sent at that time. Should the 15th fall on a weekend or holiday, notices will be sent the next business day.
3. 
Read-in/read-out fee. A service charge of ten dollars ($10.00) will be assessed for any new account that is being read into the customer's name and does not require installation and/or turning on the meter. This is a non-refundable charge.
4. 
Installation fee. A service charge of twenty dollars ($20.00) will be assessed for any new account or temporary meter that requires installation and/or turning on. This is a non-refundable charge.
5. 
After-hours service charge. To reestablish water service, all past due balances and delinquent fees must be paid in full. An additional twenty-two dollars fifty cents ($22.50) will be charged for a reconnection occurring outside the normal workday of 7:00 A.M. TO 3:30 P.M.
6. 
Returned check fee. A fee of twenty-five dollars ($25.00) will be charged for a check that is returned for any reason. Checks will not be deposited a second time. The customer must provide cash, credit, debit, cashier's check, or money order for the check amount as well as the fee assessed within twenty-four (24) hours to avoid disconnection. After two (2) returned checks in one (1) calendar year, the account will be deemed cash only until January 1 of the next year.
7. 
Hauling fee. Any septic or leachate water may be disposed of at the wastewater treatment plant for a charge of two cents ($0.02) per gallon.
8. 
Delinquent fee. A delinquent fee of twenty-five dollars ($25.00) will be assessed at 12:01 P.M. on the 13th of each month for non-owner-occupied shutoffs. If a check is written to avoid disconnection and is returned for any reason, the delinquent fee will be assessed. A delinquent fee may be waived at the discretion of the City Administrator or by the Mayor in his absence, but only upon being presented a valid reason or proof by the customer and if a delinquent fee has not been assessed to the account within the past twelve (12) months. All waivers granted by the City Administrator or Mayor must be presented to the City Council in open session at the next regular Council meeting, including why the fee was waived.
9. 
If service is interrupted and the account holder no longer resides at or has a business at the property, water will not be reconnected in that individual's or business's name.
B. 
Non-Owner-Occupied Services.
1. 
At the time service is established, the customer will provide the Water Office with proper identification, and the customer will be given a copy of the policies. The customer will also be required to produce a lease that will be copied and retained in the Water Office. Water service will only be established in the lessee's name or the landlord's name.
2. 
Deposit. All customers will be required to pay a deposit of one hundred twenty-five dollars ($125.00) to establish water service. Non-owner-occupied properties will pay a deposit of two hundred twenty-five dollars ($225.00), unless the lessee can show twelve (12) months of satisfactory payment for water service (no shutoffs) either at this Water Department or from a separate water department. If the additional one hundred dollars ($100.00) is assessed, it will be returned, upon request of the customer, after one (1) year of satisfactory payment for water services (no delinquent payments or shut offs). If the occupant is shut off two (2) times, for any reason, the additional one hundred dollars ($100.00) will be assessed.
3. 
Non-owner-occupied disconnection will commence at 12:00 P.M. on the 13th of each month for any and all balances. Should the 13th fall on a holiday or weekend, the disconnection will take place the next business day. These disconnections are done at the direction of the property owners, and no extensions will be granted without the property owner's permission. Only two (2) extensions will be granted for an account per calendar year, per written and signed request from the property owner. Disconnection notices are not sent on these accounts.
C. 
Owner-Occupied Properties.
1. 
At the time service is established, the customer will provide the Water Office with proper identification, and the customer will be given a copy of the policies.
2. 
Deposit. All customers will be required to pay a deposit to establish water service. Owner-occupied properties will pay a deposit of one hundred twenty-five dollars ($125.00).
3. 
Past due water bills with a balance over fifty dollars ($50.00) are due by the close of business on the 25th of each month and if unpaid become subject to disconnection. Should the 25th fall on a weekend or holiday, the bills will be due the next business day.
4. 
Regular disconnections will commence at 8:01 A.M. on the 26th of each month for balances over fifty dollars ($50.00). Should the 26th fall on a weekend or holiday, these disconnections will take place on the next regular business day.

Section 715.060 Annual Review.

[R.O. 2008 §715.060; Ord. No. 6583 Art. VI, 5-10-1999; Ord. No. 6658, 8-12-2002; Ord. No. 16-2004, 5-10-2004]
A. 
The City shall review the user charge system annually and revise all user charge rates, including but not limited to, residential and heavy industrial user, 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 proportional distribution of operation and maintenance including replacement costs among users and user classes. It shall be mandatory to review the rates, which fund operations and maintenance of the water, each February so that rates shall be revised every June to reflect the annual inflation rate as stated by the most current Consumer Price Index as published by the Federal Government. Any and all other rate revisions shall not have a bearing on the annual rate review for inflation.
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.
C. 
When a residential user experiences an underground water leak an adjustment of rate may be made. An adjustment shall only be made, if the monthly usage meets the minimum usage for a "heavy industrial user" the "heavy industrial user" rate will be used to calculate the month's bill, in which the leak occurred. The residential user, upon notification of the underground water leak, must in good faith make all efforts to repair the leak. If efforts to repair the underground leak are not made in a timely fashion, no adjustment will be made.

Section 715.070 Purpose.

[Ord. No. 30-2011 Art. I, 10-10-2011]
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the City 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.

Section 715.080 Definitions.

[Ord. No. 30-2011 Art. II, 10-10-2011]
Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20°C), expressed in milligrams per liter (mg/1).
NORMAL DOMESTIC WASTEWATER
Wastewater that has a BOD concentration of not more than two hundred fifty (250) mg/l and a suspended solids concentration of not more than three hundred (300) mg/l.
OPERATION AND MAINTENANCE
All expenditures during the useful life of the treatment works for materials, labor, utilities and other items that are necessary for managing and maintaining the sewer works to achieve the capacity and performance for which such works were designed and constructed.
REPLACEMENT
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.
RESIDENTIAL CONTRIBUTOR
Any contributor to the City's treatment works whose lot, parcel of real estate or building is used for domestic dwelling purposes only.
SHALL
Is mandatory; MAY: Is permissive.
SS (DENOTING SUSPENDED SOLIDS)
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.
TREATMENT WORKS
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 and temporary storage of such compost; 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 storm water and sanitary sewer systems.
USEFUL LIFE
The estimated period during which the treatment works will be operated.
USER CHARGE
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.
WATER METER
A water volume measuring and recording device furnished and/or installed by the City of Louisiana, Missouri, or furnished and/or installed by a user and approved by the City of Louisiana.

Section 715.090 Operation, Maintenance and Replacement Fund.

[Ord. No. 30-2011 Art. III, 10-10-2011]
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. 
(Reference is made to Appendix C of this Chapter which is on file in the City offices.) That portion of total user charge collected which is designed for the operation and maintenance including replacement purposes as established in Section 715.100 shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two (2) 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 monthly, from the sewerage system revenue fund in the amount equal to one-twelfth (1/12) of the annual waste water operating expenses for the year.
[Ord. No. 05-2014 §1, 3-10-2014]
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 annually from the replacement revenue in the amount of thirty-eight thousand seven hundred seventy dollars ten cents ($38,770.10) annually.
C. 
Fiscal year-end balances in the operation and maintenance account and the replacement account 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 the Operation, Maintenance and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.

Section 715.100 Actual Use Rate Structure.

[Ord. No. 30-2011 Art. IV, 10-10-2011; Ord. No. 15-2015 §§1 — 2, 6-8-2015; Ord. No. 08-2016 §§1 — 2, 5-9-2016]
A. 
Each user shall pay for the wastewater services provided by the City based on the amount of water used from the City's water system as determined by water meter(s) acceptable to the City.
B. 
For wastewater contributors, monthly user charges will be based on actual monthly metered water usage during the current month.
C. 
(Reference is made to Appendix A of this Chapter.) The minimum charge per month shall be twenty-two dollars thirty-four cents ($22.34). In addition, each contributor shall pay a user charge for operation and maintenance including replacement of $0.032 per cubic foot of water as determined in the preceding Subsection.
D. 
For those contributors which 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:
1. 
To be determined before discharge per pound of BOD.
2. 
To be determined before discharge per pound of SS.
3. 
To be determined before discharge per pound NA [(Specify other pollutant(s)].
E. 
Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City's treatment works, or any user which discharges any substance which singly or by interaction with other substance 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 user shall be as determined by the responsible plant operating personnel and approved by the City Council.
F. 
The user charge rates established in this Section shall apply to all users of the City's treatment works, regardless of the user's location.
G. 
As of July 1, 2015, the minimum wastewater user charge per month shall be twenty-three dollars and one cent ($23.01) per metered wastewater user. In addition, each metered wastewater user shall pay a wastewater user charge of $0.0388362 per cubic foot for operations, maintenance, replacement, debt service, required restricted accounts, and capital improvements. Rates as stated in this Section and all other rate revisions shall not have a bearing on the annual rate review for inflation or be misconstrued as the annual inflation revision.
H. 
Rates are formulated as follows:
Minimum
Cost per C.F.
June 1, 2013, $22.34 minimum, $0.032 per cubic foot
$22.34
0.032
CPI 1.58% per § 715.120
$22.69
0.03251
22.69 minimum, $0.0383 per c.f. Restore 2008 rate
$22.69
0.0383
Supplementary 1.4% raise
23.01
0.0388362
I. 
As of May 1, 2016, the minimum wastewater user charge per month shall be twenty-six dollars and four cents ($26.04) per metered wastewater user. In addition, each metered wastewater user shall pay a wastewater user charge of $0.0388362 per cubic foot for operations, maintenance, replacement, debt service, required restricted accounts, and capital improvements. Rates as stated in this Section and all other rate revisions shall not have a bearing on the annual rate review for inflation or be misconstrued as the annual inflation revision.
J. 
Rates are formulated as follows:
Minimum
Cost Per C.F.
Base monthly minimum
$23.01
I&I debt service monthly minimum
$3.03
Total monthly minimum
$26.04
Per cubic foot
0.0388362
0.0388362

Section 715.110 Billing.

[Ord. No. 30-2011 Art. V, 10-10-2011]
A. 
All users shall be billed monthly. Billings for each month shall be made on the sixteenth (16th) day of the month for the next month's billing cycle. Any payment not received by the tenth (10th) of the month will be made delinquent and subject to the monthly disconnection date set by the water office.
B. 
A late payment penalty of ten percent (10%) of the user charge bill will be added to each delinquent bill on the fifteenth (15th) of each month. When any bill is in default, water service to such premises shall be discontinued until such bill is paid in full, following due notice.

Section 715.120 Annual Review.

[Ord. No. 30-2011 Art. VI, 10-10-2011]
A. 
The City shall review the user charge system annually and revise user charge rates as necessary to ensure that the system generated 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 user and user classes. It shall be mandatory to review the rates, which fund operations and maintenance, each February. Rate shall be revised every June to reflect the annual inflation rate as stated by the most current Consumer Price Index as published by the Federal Government and any changes identified in February required to fund operations and maintenance. Any and all other rate revisions shall not have a bearing on the annual rate review for inflation.
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.