City of Lake Tapawingo, MO Chapter 700 General Provisions

Section 700.010 Theft of Utility Services.

[Ord. No. 707, 12-6-1990; Ord. No. 823, 9-4-2003]

A. Definitions. The following words and phrases when used in this Section shall, for the purpose of this Section, have the meanings respectively ascribed to them in this Section except when the context otherwise requires:

CUSTOMER

The person in whose name a utility service is provided.

DIVERT

To change the intended course or path of electricity, water, gas, telephone, cable television or other utility service without the authorization or consent of the utility.

PERSON

Any individual, partnership, firm, association or corporation.

RECONNECTION

The commencement of utility service other than by the utility company, to a customer or other person after service has been discontinued by the utility.

SUPERINTENDENT OF WATERWORKS AND SEWER

The person who is appointed by the Board of Aldermen; who is a full-time employee of the City of Lake Tapawingo to perform all operations, repairs, replacements and/or construction, mark locations as requested of any and all water lines and meters and sewer pumps, lids, lines and any other waterworks and sewer equipment; and as such shall receive a monthly salary as set by the Board of Aldermen, shall receive ten (10) days each year for paid vacation time and five (5) days each year for sick leave; and for whom the full benefit of health insurance shall be provided by the City of Lake Tapawingo; and whose position is on-call for twenty-four (24) hours per day, including holidays; and who shall make provisions for a replacement for the position of Superintendent of Waterworks and Sewer to be covered twenty-four (24) hours each day and carry all communications equipment provided by the City of Lake Tapawingo, in his or her absence for vacation, sick leave or holidays, with the express approval of the Commissioner of Waterworks and Sewer.

TAMPER

To rearrange, damage, injure, destroy, alter, interfere with or otherwise prevent from performing normal or customary function.

UTILITY SERVICE

The provision of electricity, water, gas, telephone, cable television or other utility service.

B. Unlawful Acts. It shall be unlawful for any person to commit, authorize, solicit, aid, abet, or attempt any of the following acts:

1. Divert, or cause to be diverted, utility service by any means whatsoever.

2. Make, or cause to be made, any connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility.

3. Prevent any utility meter, or other device used in determining the charge for utility service, from accurately performing its measuring function by tampering or by any other means.

4. Tamper with any property owned or used by the utility company to provide utility service.

5. Use or receive the direct benefit of all, or a portion, of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the time of the use, or that the use or receipt, was without the authorization or consent of the utility.

6. Advertise, manufacture, distribute, sell, use, rent, or offer for sale, rental, or use any device of any description, or any plan or kit, designed to obtain utility service, in violation of this Section.

7. Obtain utility service by means of false representations, or fraudulent or deceptive actions, designed to avoid the payment of any outstanding lawful charges for any utility service.

8. Avoid the lawful charges, in whole or in part, for any utility service, by the use of any fraudulent or deceptive scheme, device, means or method.

C. Presumption Of Violation. There is a rebuttable presumption that there is a violation of this Section if, on the premises controlled by the customer or by the person using or receiving the direct benefit of utility service, there is either, or both of the following:

1. Any instrument, apparatus or device primarily designed to be used to obtain utility service without paying the full lawful charge therefor.

2. Any utility equipment that has been altered, tampered with or by-passed so as to cause no measurement or inaccurate measurement of utility service.

D. Penalties. Any person convicted of violating any provision of this Section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).

Section 700.020 New Service — Charge For Water and Sanitary Sewer Service Connection.

[Ord. No. 352 §§1—3, 9-28-1972; Ord. No. 839, 8-11-2005]

A. A minimum charge of one hundred fifty dollars ($150.00) shall be paid by each applicant for a new water service connection.

B. A charge of the cost of a new sewer pump and all labor to install pump and make connection to the sewer system to be paid by applicant.

C. A charge established by Subsection (A) above shall assume a water service connection requiring a five-eighths (5/8) inch meter. For larger meters, an application must be made to the City and a reasonable charge shall be determined, but not less than one hundred fifty dollars ($150.00).

Section 700.030 (Reserved) [1]

[1] Editor’s Note: Former Section 700.030, Sewer Maintenance Charge, adopted and/or amended 4-23-1992 by Ord. No. 715, as further amended, was repealed 6-6-2019 by Ord. No. 995.

Section 700.040 Utility Rates.

[Ord. No. 65.11 §1 (Exhibit I), 6-30-1988; Ord. No. 803, 6-25-2002; Ord. No. 803.2, 5-5-2005; Ord. No. 854, 5-16-2006; Ord. No. 866, 6-21-2007; Ord. No. 875, 6-19-2008; Ord. No. 895, 7-1-2010; Ord. No. 912, 8-18-2011; Ord. No. 929, 12-17-2012; Ord. No. 937 §1, 9-30-2013; Ord. No. 959 §1, 2-18-2016; Ord. No. 979, 9-21-2017; Ord. No. 990, 9-26-2018; Ord. No. 995, 6-6-2019; Ord. No. 1000, 11-7-2020]

A. The water billing rates to all customers shall be set as follows beginning November 2019:

1. Per one thousand (1,000) gallons of water usage: three dollars and fifty cents ($3.50).

B. The sewer billing rates to all customers shall be set as follows beginning November 2019:

1. Fixed fee: nine dollars ($9.00) plus.

2. Per one thousand (1,000) gallons of sewer water usage: two dollars and fifty cents ($2.50).

C. The current monthly sewer/water maintenance billing rates to all customers shall be set as follows beginning November 2019:

1. Fixed fee: twenty-three dollars ($23.00).

D. The current monthly overhead expense charge to all customers shall be set as follows beginning November 2019:

1. Fixed fee: sixty-three dollars ($63.00).

E. The current monthly grinder pump maintenance charge to all customers shall be set as follows beginning November 2019:

1. Fixed fee: twelve dollars ($12.00).

F. The current monthly trash charge including yard waste to all customers shall be set as follows beginning November 2019:

1. Fixed fee: seventeen dollars and fifty cents ($17.50).

G. The current monthly surcharge applicable to non-resident customers shall be set as follows beginning November 2019:

1. Fixed fee water: Twenty-five dollars ($25.00).

2. Fixed fee sewer: Twenty-five dollars ($25.00).

Section 700.050 Uniform Standard For All Street Cuts To The Roads Within The City Limits.

[Ord. No. 786, 4-4-2000]

A. Whenever at all possible, a road is never to be more than fifty percent (50%) blocked. If it is necessary to block more than fifty percent (50%) of the road for an extended period of time, it will be necessary to place barriers with the following information posted:

1. Precise location where the road is blocked and the approximate date the construction repairs will be completed;

2. Call Blue Springs R-IV School District bus service at 224-1385, and notify them of the road closure, including the precise location of the road block and the approximate date the construction repairs will be completed. A second call is to be made when the construction repairs arc definitely completed and the road is reopened.

3. Notify Central Jackson County Fire Protection District of the road closure, including the precise location of the road block and the approximate date the construction repairs will be completed. A second call is to be made when the construction repairs are definitely completed and the road is reopened.

B. For emergency repairs, such as for a broken water main, backfill aggregate AB-3 which is stored behind than maintenance building off of the lake road on the west side of the lake may be used.

C. All street cuts to the roads within the City of Lake Tapawingo, Missouri, owned and maintained by the Lake Tapawingo Development Company shall be repaired and maintained per Standard Drawing SR-1 dated February 17, 1998, attached hereto and detailed as followed:

1. Excavations shall be protected at all times. Cuts in the roadways shall be plated or temporarily filled with backfill aggregate when work is not being performed.

2. Backfill shall not be placed in water or mud. Clean graded rock or frozen material shall not be used as backfill. Backfill material shall consist of untreated compacted aggregate AB-3.

3. Roadway surfaces shall be similar to the existing roadway surface. All unsupported pavement shall be removed before beginning patch. All cuts shall be rectangular, with their dimensions parallel and perpendicular to the direction of traffic. Restoration shall be flush with adjoining surfaces. An identification tag shall fully identify the contractor performing the restoration and the date the restoration was made.

4. If the excavation is in asphalt and is within three (3) feet of an existing joint or cut or edge of the road, the surface shall be extended to that joint or cut. Tack coat shall be applied, surface placed and compacted and joints sealed.

5. Sidewalks, curbs and driveways and any section of which is cut shall be removed to within two (2) feet of the street repair or nearest joint, whichever is the closest. Restoration shall match existing surface material.

6. If the excavation requires the removal of any grass area, this area will be finished to grade with six (6) inches of topsoil compacted to ninety percent (90%) and topped with either seed or sod.

7. Any other areas, materials or surfaces not included herein which are disturbed during excavation shall be replaced as directed by the Lake Tapawingo Development Company Board.

D. Notifications of the following shall be required before actual excavation begins:

1. 48-Hour minimum: MO ONE CALL 1-800-344-7483.

2. 24-Hour minimum: City of Lake Tapawingo Missouri, Water and Sewer Maintenance Supervisor to mark water, sewer low pressure system lines and grinder pump electrical lines, CALL 816-719-3101.

3. The repair shall be maintained for three (3) years or for the bond period.

Section 700.060 Landlord Accountability For Utility Bills.

[Ord. No. 848 §1, 2-2-2006; Ord. No. 900 §2, 8-18-2010]

A. Landlords Responsible For Utility Bills. Every property owner shall be responsible for any utility charges or fees left unpaid by any tenant of the premises served by the water or sewer utility. Where the landlord or property owner fails to pay the utility charges, the City may refuse to provide any water service to the property with the delinquent charge even in the name of a subsequent tenant or new owner of the property.

B. Written Introduction Of Tenants. All landlords will send with the tenant a written introduction and instructions to turn on the utility service to said rental property.

C. Delinquent accounts. When a tenant is delinquent in payment for thirty (30) days, the City shall make a good faith effort to notify the owner of the premises receiving such service of the delinquency and the amount thereof. Any notice of termination of service shall be sent to both the occupant and owner of the premises receiving such service. When an occupant is delinquent more than ninety (90) days, the owner shall not be liable for sums due for more than ninety (90) days of service.

D. Penalty—Severability—Effective Date. This Section shall be in full force and effect upon its passage and approval, except that landlords will not be liable for unpaid delinquent utility bills incurred before the effective date of this Section, unless the utility customer remains a tenant of the landlord for ninety (90) days past the effective date of this Section. The provisions of this Section are severable as provided in Section 1.140, RSMo. Those provisions of this Section, which establish an offense, are subject to the general penalty provisions contained in Section 100.040.