[R.O. 2007 §710.010; Ord. No. 1760, 4-9-1998]
A.
Except as provided in Section 710.015, all users (as defined in Section 710.020) of the City water or sewage systems shall be metered and shall pay for such water service at the metered rate set forth in Section 710.030 and for such sewer service at the metered rate set forth in Section 710.050(A)(2).
B.
Except
as provided hereinafter, there shall be no charge or assessment payable
to the Utility Clerk by a standby user for a fire-fighting water sprinkling
system. However, each standby user, for the privilege of connecting
or maintaining its connection of such sprinkler system to the water
distribution system, shall be deemed to have consented to the inspection
of such system, during usual business hours, by the Utility Clerk
or the City Building Inspector or their designees.
C.
It
shall be unlawful for any party to tap into or otherwise use water
from a fire-fighting water sprinkling system for any purpose other
than the operation of such system to extinguish fires or to service
or maintain such system. The maximum punishment for a violation of
this Section shall not exceed a fine of five hundred dollars ($500.00)
and/or a term of imprisonment in the Polk County Jail not to exceed
ninety (90) days. For purposes of this Section, each day or fraction
thereof that a violation exists shall be considered a separate offense.
In addition to the foregoing, any party found by the City Building
Inspector to be violating this Section shall complete the following
requirements within forty-five (45) days of the date of the Inspector's
notice of such violation:
1.
The standby user shall install a fire service meter solely at the user's expense to correctly and accurately measure the water used by the fire-fighting water sprinkling system, to be billed and paid as provided in Section 710.030.
2.
Prior to the installation of a fire service meter, the standby user
shall submit a shop drawing of the type of meter proposed to be installed,
its location and such further information as the City Building Inspector
may require.
3.
A fire service meter must be designed and installed so as to allow
proper flow to the fire sprinklers while retaining adequate pressure
to properly operate the sprinkler heads.
4.
Each standby user required to install a fire service meter shall,
prior to backfilling or covering lines or other materials installed
pursuant to the provisions of this Section, notify the City Building
Inspector that the installation is complete and provide access to
the City Building Inspector or his/her designee to inspect the installation.
The standby user must make any repairs or improvements required by
the City Building Inspector or his/her designee that is deemed necessary
for the meter to comply with the provisions of this Section and to
correctly and accurately measure water flow into the fire-fighting
water sprinkler system.
5.
It shall be the duty of the standby user to maintain the fire service
meter and all lines and other related fixtures in good condition and
repair and shall be deemed to have perpetually consented to allow
the City's agents to enter the premises of the user during normal
business hours to inspect or read the meter.
[R.O. 2007 §710.015; Ord. No. 1222 §3, 8-13-1992; Ord. No. 1289, 4-9-1993; Ord. No. 1318, 9-9-1993; Ord. No. 2311, 7-11-2002; Ord. No. 2788 §§I —
IV, 3-10-2008]
A.
The following exceptions and limitations shall apply with respect to the rule that all users must have separate water meters and pay the metered rate for water and sewer services as set forth in Section 710.010.
1.
The owners of all property of any type who are customers of the City
water system or sewage system on June 1, 1992, and on that date were
billed for such services by the City on a flat rate, may continue
to pay the flat rate as provided in this Chapter for such services,
and as from time to time amended, until:
a.
December 31, 1995, if the customer is a residential customer; or
b.
August 1, 2002, in the case of commercial or industrial customers.
c.
Notwithstanding the provisions of Subsection (1)(a) of this Section 710.015, the owner or owners of all residential property (including single-family, multiple-family and mobile home courts) shall install metering facilities:
(2)
Upon the construction of a new residential property under a
building permit issued on or after June 1, 1992; notwithstanding the
fact that there is no duty to pay the metered rate until December
31, 1995. Nothing contained herein shall be construed as prohibiting
the owner of residential property from electing to pay the metered
rate for water and sewer services prior to December 31, 1995. Any
owner of residential property who has elected to pay the metered rate
after June 1, 1992, but prior to April 9, 1993, may elect to pay the
flat rate until December 31, 1995. However, any owner who elects to
pay the metered rate after April 9, 1993, shall not thereafter convert
such property to the flat rate.
2.
The owners of property who are served by a public or private water
distribution line, the location of which is not known, and not ascertainable
by the City by the date installation of metering facilities and conversion
to the metered rate would otherwise by required, shall not be required
to install metering facilities nor convert to the metered rate for
water and sewer services until the later of:
a.
The location of such line by the City, and it is determined to be
a public line;
b.
The location of such line and ninety (90) days after the replacement
thereof with a public distribution line, if the line is determined
to be a private line; or
c.
The earlier of December 31, 1995, or the voluntary or involuntary
conveyance of the property as provided above which occurs after the
date of the location of a public distribution line which provides
service to the property or the private distribution line is providing
service to the property is located and replaced with a public distribution
line.
3.
The owner of any property which is connected to the City sewer system, but lawfully receives water service through a private water distribution system, shall, within the same time as set forth in Subsection (1) of this Section, install metering facilities at or near the source of the water supply for the purpose of measuring the water usage from such private system, which usage shall form the basis for determining the sewer charges applicable to such owner. The City will provide the meter to such owner as otherwise provided in Section 710.025.
4.
The owner of a building which contains multi-family dwelling units
which is now or which may hereafter be constructed may make an election
to provide single metering facilities to measure the quantity of water
usage for all units within the building, if:
a.
The owner agrees to pay, and does pay, the charges for water and
sewer services for all users within the building; and
b.
The owner agrees to pay, and does pay, for water and sewer services
based upon the greater of the following calculations which are to
be made monthly:
(1)
The metered water and sewer rates as provided in this Chapter,
as now in effect or as it may hereafter be amended from time to time,
based upon actual water usage; or
(2)
The minimum water rates and the minimum sewer rates multiplied
by the number of units in such building during each billing cycle.
5.
The owner of a building which contains, or which is capable of containing, more than one (1) establishment (as defined by Section 710.020(B)), which now exists or which may hereafter be constructed may provide single metering facilities to measure the quantity of water usage for all establishments within the building, if:
a.
The owner agrees to pay, and does pay, the charges for water and
sewer services for all users within the building; and
b.
The owner agrees to pay, and does pay, for water and sewer services
based upon the greater of the following calculations, which are to
be made monthly:
(1)
The metered water and sewer rates as provided in this Chapter,
as now in effect or as it may hereafter be amended from time to time,
based upon actual water usage; or
(2)
The minimum water rates and the minimum sewer rates multiplied
by the number of units in such building during each billing cycle.
6.
The owner of a mobile home or trailer court which now or may hereafter
lawfully exist may provide single metering facilities to measure the
quantity of water usage for all mobile homes or trailers within the
court, if:
a.
The owner agrees to pay, and does pay, the charges for water and
sewer services for all users within the court, and
b.
The owner agrees to pay, and does pay, for water and sewer services
based upon the greater of the following calculations which are to
be made monthly:
(1)
The metered water and sewer rates as provided in this Chapter,
as now in effect or as it may hereafter be amended from time to time,
based upon actual water usage; or
(2)
The minimum water rates and the minimum sewer rates multiplied
by the number of mobile home spaces on which mobile homes are located
during each billing cycle.
7.
In the case of a building of any type which has been lawfully divided
into condominiums on June 1, 1992; or in the case of a building which
was constructed on June 1, 1992, or for which a building permit had
been issued by June 1, 1992, which was or is lawfully divided thereafter
in accordance with the Missouri Condominium Act, the condominium association
of each such condominium may provide single metering facilities to
measure the quantity of water usage for all units within the building,
if:
a.
The condominium association agrees to pay, and does pay, the charges
for water and sewer services for all users within the building; and
b.
The condominium association agrees to pay, and does pay, for water
and sewer services based upon the greater of the following calculations
which are to be made monthly:
(1)
The metered water and sewer rates as provided in this Chapter,
as now in effect or as it may hereafter be amended from time to time,
based upon actual water usage; or
(2)
The minimum water rates and the minimum sewer rates multiplied
by the number of units in such building during each billing cycle.
8.
An election and agreement to pay the entire bill for water and/or sewer services under Subsections (4) through (7) of this Section shall be in writing on forms prescribed for that purpose by the Utility Clerk. However, the failure of the Utility Clerk to obtain such a written election shall not relieve the owner of any liability for such services if a de facto election has been made by the owner by the installation of single metering facilities. An owner of property who fails to make an effective election pursuant to the provisions of Subsections (4), (5), (6) and (7) of Section 710.015 shall install separate metering facilities for each residential unit, commercial or industrial space or mobile home space, as the case may be. In such cases, the tenant or occupant of the unit or space shall be liable for the water and sewer use bills for that unit or space, the same as if such unit or space was a single occupancy facility.
[R.O. 2007 §710.020; Ord. No. 1222 §4, 8-13-1992]
A.
Each family (as defined by Article II, Section 410.030 of the City of Bolivar Zoning Regulations as now in effect or as it may hereafter be amended from time to time) occupying a single-family or multi-family dwelling unit shall be a separate user.
B.
Each
business, professional, commercial, industrial, service, civic, religious,
educational, governmental unit or agency, charitable entity or other
establishment of any type or purpose whatsoever (hereinafter called
"establishment") (whether owned or operated as a proprietorship, partnership,
association, joint venture, corporation, limited liability company,
governmental unit, political subdivision, governmental agency or otherwise)
occupying a separate building shall be a separate user.
C.
With
respect to a building occupied or which has space for the occupancy
of more than one (1) establishment, the following rules shall govern:
1.
If the building is metered:
a.
Each establishment occupying a space with water and/or bathroom facilities
within such separate space shall be a separate user; and
b.
The owner of such building shall be a separate user, if the building
contains water or restroom facilities available to the public or to
the owners, agents, employees or customers of the establishments which
occupy such building.
2.
If the building is not metered:
a.
Each establishment occupying a space with water and/or bathroom facilities
within such separate space shall be a separate user;
b.
Each establishment occupying a space without water and/or bathroom
facilities, but which has access or the right of access to common
facilities shall be a separate user and shall pay the applicable flat
rate based upon the number of fixtures in the facilities to which
it has access; and
c.
The owner of such a building which provides water and/or bathroom
facilities which are available for use by general public shall be
a separate user and shall pay the applicable flat rate based upon
the number of fixtures in the facilities to which the public has access.
D.
The
owner and occupant of each trailer or mobile home park or court space
shall be deemed a separate user and shall pay the metered or flat
rate, as the case may be, as provided by this Chapter.
E.
In
the case of a nursing home, rest home, domiciliary home or similar
type of facility, each five (5) residents (or any fractions thereof)
of such home shall be a separate user for flat rate billing purposes,
and the owner or operator thereof shall pay the minimum flat rate
provided by this Chapter for each such separate user as defined by
this Subsection. The owner or operator of any such facility which
is metered shall be considered as a single user and may have one (1)
meter serving the entire facility and pay the metered rate provided
by this Chapter.
F.
In
the case of a hotel, motel, bed and breakfast or similar facility
providing overnight or temporary lodging for travelers, visitors or
others, the owner or operator of such facility shall be deemed to
be a separate user for each separate housing unit thereof which has
water and/or bathroom facilities, and a separate user for each common
water and/or bathroom facilities, and shall pay the applicable flat
rate for each such room or separate unit as provided in this Chapter.
The owner or operator of any such facility which is fully metered
shall be a separate user, may have one (1) meter and shall pay the
metered rate for services provided to the entire facility as provided
by this Chapter.
[R.O. 2007 §710.025]
All necessary wells, connections and other hardware shall be
provided, paid for and installed by the user. All meters shall be
provided by the City but charged to the user according to the "Labor,
Parts and Machine Time Cost Schedule" adopted pursuant to the provisions
of Section 700.030(5) of the Bolivar Municipal Code, as amended, and
such charges shall be payable as provided in said Section. No installation
shall be made except upon twenty-four (24) hours' written notice to
the Director advising him/her as to the location and approximate time
when such facilities are to be installed. All meters must be installed
in such location, with such materials and in such manner as may be
provided by the standards or, in the case of questions not covered
by the standards, then as determined by the Director. At the discretion
of the Director, the City may provide installation, and if so provided,
the user shall pay the City the cost of materials and labor and machine
time in accordance with the "Labor, Parts and Machine Cost Schedule"
referred to in Section 700.030(5). Payment to the City for such charges
shall be paid as provided in said Section 700.030(5), and all provisions
of said Section relating to payment, interest on unpaid charges, delinquency,
disconnection and reconnection are incorporated into this Section
by reference and made a part hereof.
[R.O. 2007 §710.030; Ord. No. 2349, 12-12-2002; Ord. No.
2519, 12-16-2004; Ord. No. 2588, 12-8-2005; Ord. No. 2653, 10-12-2006; Ord. No. 2665, 10-23-2006; Ord. No. 3485, 10-23-2018; Ord. No. 3583, 12-17-2019]
A.
As
of January 1, 2020, all metered users of City water services for residential
purposes shall pay a monthly minimum charge of eighteen dollars and
seven cents ($18.07) per month for the first two thousand (2,000)
gallons of water used per month; and as of January 1, 2020, all metered
users of City water services for commercial purposes shall pay a monthly
minimum charge of twenty-one dollars and twenty-six cents ($21.26)
per month for the first two thousand (2,000) gallons of water used
per month.
For all water use in excess of two thousand (2,000) gallons
per month, effective January 1, 2020, all metered water users shall
pay three dollars and seventy-two cents ($3.72) per one thousand (1,000)
gallons or fraction thereof.
B.
Notwithstanding
the above provisions, metered rates for City water customers residing
outside the corporate limits of the City of Bolivar, Missouri, shall
be fifty percent (50%) greater than the above rates.
[R.O. 2007 §710.035; Ord. No. 2519, 12-16-2004; Ord. No.
2653, 10-12-2006; Ord. No. 3487, 10-23-2018]
Each user of City water services that is not required to be
or despite a provision of this Chapter requiring it to be metered
is not actually metered, shall pay a flat rate for such water services
in accordance with the following schedule:
|
Number of Fixtures
|
Rate
|
Effective Date
|
|---|---|---|
|
1 through 4
|
$17.00
|
January 1, 2019
|
|
Over 4
|
$0.50 per fixture
|
Effective immediately
|
[R.O. 2007 §710.036; Ord. No. 2213, 6-14-2001; Ord. No.
2235, 9-13-2001]
A.
There
is hereby imposed a water pollution permit fee upon all residential,
commercial and industrial users of the City of Bolivar water system.
This fee is intended to be, and shall be a "pass through" fee, consistent
with the water pollution permit fee charged to the City of Bolivar/combined
water and sewer system under Section 640.220, RSMo.
B.
The fee imposed by Subsection (A) shall be in those amounts as set forth in Section 644.052.10 of the Missouri Revised Statutes then in effect at the time of billing.
[Ord. No. 3448, 4-17-2018]
C.
The
fee imposed by this Section shall be billed annually in June of each
year to all customers connected to the City of Bolivar water system
on May first (1st) of the year of billing.
[R.O. 2007 §710.037; Ord. No. 2212, 6-14-2001; Ord. No.
2236, 9-13-2001]
A.
There
is hereby imposed a drinking water primacy fee on each customer of
the City water system with one (1) or more service connections.
B.
This
fee is intended to be, and shall be a "pass through" fee, consistent
with the drinking water primacy fee charged to the City of Bolivar/combined
water and sewer system under Section 640.100.5, RSMo.
C.
The fee imposed by Subsection (A) shall be in those amounts as set forth in Section 640.100.5 of the Missouri Revised Statutes then in effect at the time of billing.
[Ord. No. 3449, 4-17-2018]
D.
The
fee imposed by this Section shall be billed annually in June of each
year to all customers connected to the City of Bolivar water system
on May first (1st) of the year of billing.
E.
The
fees hereby imposed shall be reduced if the fees collected by the
State of Missouri from the City shall be reduced pursuant to the provisions
of Section 640.100.5(1), RSMo. The fee reduction under this Subsection
shall be proportional to the reduction, if any, extended to the City
by the State.
F.
This
fee imposed by this Section shall expire of September 1, 2001, unless
the fees charged to the City by the State of Missouri shall be extended
beyond such date by amendment of Section 640.100.8, RSMo.
[R.O. 2007 §710.040]
Each outlet which is designed and capable of being used for
the discharge of water for use by the consumer shall be deemed a separate
fixture; provided however, that hot and cold water taps providing
water through the same outlet or through different outlets which discharge
into the same receptacle shall be deemed to be one (1) fixture. By
way of example, but of not limitation, faucets connected to sinks,
bathtubs (with or without a shower which operates through the bathtub
outlets), showers separate from bathtubs, toilets, clothes washer
connections, dishwashers and outdoor water outlets shall be deemed
a separate fixture. Outlets connected to icemakers which are a part
of a refrigerator/freezer shall not be counted. Hot water heaters
which receive cold water and discharge hot water for further distribution
through outlets as defined above shall not be considered as a separate
outlet. Each ten (10) sprinkler heads of a lawn or garden watering
system (or any fractions thereof) shall be considered a separate fixture;
and each outlet providing water to a swimming pool, whirlpool or spa
shall be considered as a separate outlet for each seven thousand five
hundred (7,500) gallons of water (or any portion thereof) of capacity
of such pool, whirlpool or spa.
[R.O. 2007 §710.045]
It shall be the duty of each user of City water services paying a flat rate for water services to provide the City Utility Clerk with a complete and accurate count of all fixtures located in the facility connected to the City water system. It shall further be the duty of each such user to notify the City Utility Clerk, in writing, of any change in the number of such fixtures or sprinkler head connections within five (5) days after such change shall occur. The City Utility Clerk is hereby authorized and empowered to develop forms, methods and procedures to determine the number of fixtures chargeable under this Section for each user. Any user which shall fail or refuse to provide an accurate and complete count of the water fixtures chargeable under this Chapter within thirty (30) days after being notified in writing to do so shall pay a minimum monthly water bill of five dollars ($5.00) per day for each day that such failure or refusal shall continue, said charges to be retroactive to the day such request was made in addition to the actual rate as may finally be determined. The City Administrator or his/her designee is further empowered and authorized to terminate the service of any user which fails or refuses to provide an accurate fixture count within the time allowed for him/her to do so as set forth in any written request for that information. Any user that shall provide an incorrect number of fixtures chargeable under this Chapter shall be deemed guilty of an infraction and upon conviction shall be punished as provided by Section 100.220 of the Bolivar Municipal Code. Any user that shall knowingly provide a false statement as to the number of fixtures chargeable under this Chapter or that shall knowingly fail to provide a statement and itemization of the fixtures chargeable under this Chapter within thirty (30) days following a written request for such statement and itemization by the City Water and Sewer Department shall be guilty of an ordinance violation and be punished as provided by Section 100.220 of the Bolivar Municipal Code.
[R.O. 2007 §710.050; Ord. No. 2303, 6-13-2002; Ord. No.
2312, 7-11-2002; Ord. No. 2654, 10-12-2006; Ord. No. 3071 §I, 12-18-2012; Ord. No. 3486, 10-23-2018; Ord. No. 3584, 12-17-2019]
A.
Effective
July 1, 2002, each water user as defined in this Chapter, and each
sewer user who is not a water user, shall pay a sewer rental charge
in accordance with the following schedule.
1.
If a water user pays a flat rate for City water or a sewer user is not connected to the City water distribution system and is not required to be so connected under the revisions of Chapters 700 or 710 of the Bolivar Municipal Code, but is connected to the City's sewer system, such user shall pay an amount that is equal to the rate that would be charged to the average metered sewer user that is connected to the City of Bolivar's sewage distribution system, and whose water volumes are metered and are of the same classification as the user to be charged under this Subsection. For the purposes of this Subsection, it shall be the duty of the Utility Clerk to calculate the average metered water usage of each class of user for the period July first (1st) through June thirtieth (30th) in each year, to divide such usage by twelve (12), to multiply the result of such division by the then metered sewer rate, and to bill each flat rate sewer user that amount for the twelve (12) month period beginning August 1, 2002, with a recalculation to be made in each year thereafter. A sewer user whose water usage has not been metered but that becomes metered shall, effective the first (1st) of the month following the installation of such meter, cease paying the average use rate and commence paying the actual metered rate. No user shall pay less than the minimum sewer charge as established by the Bolivar City Code from time to time. For the purposes of this Subsection, the Utility Clerk shall determine the average use of each type of user as defined by Section 710.020(A),(B) (except industrial, hospitals, colleges and universities), (C)(1), (D), (E) and (F). The Utility Clerk shall not include industrial, hospital, college or university users in calculating the average use of non-metered users of the type described in Section 710.020(B), each of said facilities being treated as a separate classification for the purposes of the calculation to be made pursuant to the provisions of this Subsection.
2.
All metered users of City water services shall pay a monthly sewer
rental fee based upon its water usage according to the following schedule:
Effective January 1, 2020, a sewer fee of thirty dollars and
three cents ($30.03) for the first two thousand (2,000) gallons of
water usage for residential water users; and effective January 1,
2020, a sewer fee of thirty-three dollars and twenty-two cents ($33.22)
for the first two thousand (2,000) gallons of water usage for commercial
water users. The sewer fee for sewer use in excess of two thousand
(2,000) gallons of water usage shall be as follows:
|
Rate per 1,000 gallons or fraction thereof over 2,000
gallons for residential water users
|
Rate per 1,000 gallons or fraction thereof over 2,000
gallons for commercial water users
|
Effective Date
|
|---|---|---|
|
$5.32
|
$5.32
|
January 1, 2020
|
B.
For the purposes of Section 710.050(A)(1) of the Bolivar Municipal Code, the Utility Clerk shall apply the new rates as set forth above to calculate the sewer charge for flat rate water users or those sewer users who are not also connected to the City water system.
[R.O. 2007 §710.051; Ord. No. 1416, 11-10-1994; Ord. No.
2992 §I, 7-14-2011]
A.
It
shall be lawful for the City's wastewater plant operator or other
employees of the City's wastewater plant to accept wastewater from
haulers of domestic septic tank waste, and from the self- contained
wastewater holding tanks of domestic motor homes and travel trailers,
for discharge into the City's wastewater treatment plant.
B.
There
is hereby imposed the following charges for the discharge of domestic
septic tank wastewater, and for the discharge of domestic motor home
or travel trailer wastewater, into the City's wastewater treatment
plant pursuant to the provisions of this Section:
1.
For the discharge of domestic septic tank wastewater, the City may
charge a fee in accordance with a "Wastewater Discharge Cost Schedule"
which shall be adopted by the Director of Public Works and approved
by the City Administrator from time to time, and which shall be based
upon the City's cost for labor and other treatment facility overhead
associated with the discharge of the wastewater.
2.
For the discharge of domestic motor home or travel trailer wastewater,
the City may charge a fee in accordance with a "Wastewater Discharge
Cost Schedule" which shall be adopted by the Director of Public Works
and approved by the City Administrator from time to time, and which
shall be based upon the City's cost for labor and other treatment
facility overhead associated with the discharge of the wastewater.
C.
For
the purposes of this Section, the following phrases shall have the
meanings described below:
1.
"Domestic Septic Tank Wastewater" and "Domestic
Motor Home or Travel Trailer Wastewater" means waste which
is comparable to the waste which originates in residential units and
contain only human excrement and waste from kitchen, laundry, bathing
and other household facilities.
D.
In
no event shall there be discharged into the City's wastewater treatment
plant any septic tank wastewater or motor home or travel trailer wastewater
which contains, or which the operator of the plant has reason to believe
may contain, anything other than domestic septic tank motor home or
travel trailer wastewater.
E.
Prior to permitting any person to dump any septic tank, motor home or travel trailer wastewater into the City's wastewater treatment plant, the operator of the plant shall require or cause to be required a certification to be signed by the person requesting such wastewater, that the wastewater proposed to be dumped contains only domestic septic tank wastewater or domestic motor home or travel trailer wastewater as defined herein. The submission of a false certification shall be deemed the commission of the offense of submitting a false declaration under the provisions of Section 225.120 of the Bolivar Municipal Code, punishable as an ordinance violation as provided by Section 100.220 of this Code. If the person submitting such false certification is the employee of a corporation, such corporation shall also be deemed guilty of the offense of submitting a false declaration and shall be punished as provided in Section 100.220 of this Code.
F.
The
operator of the City's wastewater treatment plant shall deny the privilege
of dumping any wastewater if he/she has reason to believe that such
wastewater is other than domestic septic tank, motor home or travel
trailer wastewater as defined herein.
G.
It
shall be the duty of the operator of the City's wastewater treatment
plant to collect all fees imposed hereof for the discharge of wastewater
pursuant to the provisions of this Section at the time of discharge;
provided however, that a person may make application to the Utility
Clerk for an account to be billed monthly by the City the same as
an ordinary user of water and sewer services from the City of Bolivar
water distribution and/or sewage disposal systems. If such application
is approved, the wastewater treatment plant operator shall notify
the Utility Clerk within three (3) working days of the discharge of
wastewater by a person or agent of a person having an account with
the City pursuant to the provisions of this Subsection. Such notification
shall also include the amount of discharge and the charge for such
discharge as provided in this Section.
[R.O. 2007 §710.052; Ord. No. 2727, 6-14-2007]
The Director of Public Works, with the written concurrence of
the City Administrator, may establish and from time to time amend
a rate or fee for services provided to a water or sewer customer for
which fees are not otherwise provided in this Chapter. Such rate or
fee shall be established based upon the estimated cost to the City
of providing such service, including labor, machine time and/or materials.
Such rate or fee shall be in writing and filed with the City Clerk
who shall maintain each determination in a separate file or notebook
noted on the outside thereof to be "Rate and Fee Determinations by
Director of Public Works". Promptly upon the filing of the determination
of a new rate or fee or upon the amendment of a previously established
rate or fee, a copy of such determination shall be delivered to the
Mayor and each member of the Board of Aldermen. Such new rate or fee
or the amendment of an existence rate or fee shall become effective
on the first (1st) day following the next regular meeting of the Board
of Aldermen, unless, at such meeting, the Board, by motion, shall
reject or amend such rate or fee.
[R.O. 2007 §710.055; Ord. No. 1979-A, 6-10-1999; Ord. No.
2770, 12-18-2007; Ord. No. 2981 §I, 4-14-2011; Ord. No. 3323, 1-24-2017]
A.
All bills and accounts for services as provided in this Chapter shall become due and payable on the first (1st) day of each month for services rendered during the prior month. All such bills shall become delinquent on the tenth (10th) day of each month, unless the tenth (10th) day of the month falls on a weekend or holiday, in which event such bill will become delinquent at the close of the next business day following such weekend or holiday. Subject to the exception(s) contained in Subsection (B) below, if any bill or account is not paid by the close of business on the twentieth (20th) day of the applicable month, the Director of Public Works or his/her designee is hereby authorized and empowered to disconnect such user's connection with the City's water mains and/or sewer mains and the same shall not be reconnected until such account (together with all costs of disconnecting and reconnecting such users with such mains, interest, penalties and costs of collection) shall be paid. Persons or firms liable for water and sewer rental fees that become delinquent shall, in addition to paying all other lawful charges provided by this Chapter, be liable to the City for all costs of collection, including reasonable attorney's fees as provided by Section 250.140, RSMo. The City will add one (1) late payment fee equal to ten percent (10%) of the principal amount of the value of the services rendered for each applicable monthly billing period that becomes delinquent; and in addition, the total amount of all accrued delinquent bills will accrue interest at the rate of one and one-half percent (1.5%) each month until paid in full.
B.
In the event that the day on which the Director of Public Works (or
his/her designee) is scheduled to disconnect the utilities described
in this Chapter for delinquent payment falls on a day wherein the
City will not have staff available to accept payments or staff available
to reconnect services on any one (1) or more of the two (2) days immediately
following the time of the otherwise scheduled disconnect due to a
Holiday, then the Director of Public Works (or his/her designee) is
authorized to withhold all such disconnections until the next date
immediately following the regularly scheduled disconnect date wherein
the City will have staff available to accept payments and staff available
to reconnect services on both of the two (2) days immediately following
the actual date of disconnect.
C.
For purposes of this Section, the term "Holiday" means: (i) New Year's
Day; or (ii) Martin Luther King, Jr. Day; or (iii) President's
Day; or (iv) Memorial Day; or (v) Independence Day; or (vi) Labor
Day; or (vii) Columbus Day; or (viii) Veteran's Day; or (ix)
Thanksgiving Day; or (x) Day after Thanksgiving; or (xi) Christmas
Eve; or (xii) Christmas Day.
[R.O. 2007 §710.060; Ord. No. 1222 §6, 8-13-1992; Ord. No. 1289, 4-9-1993; Ord. No. 2788 §V, 3-10-2008; Ord. No. 2847 §1, 3-12-2009]
A.
(Reserved)
B.
The user of any irrigation or outdoor sprinkler system that is metered may avoid the payment of the minimum water bill (and sewer bill, if the system is not separately metered as provided by Section 710.050(B)) during any billing period by delivering to the Utility Clerk a statement of assurance ("statement") in writing on forms prescribed by the Utility Clerk for that purpose certifying that no water has been or will be used for the operation of such irrigation or outdoor sprinkler system and agreeing to pay for any water which is in fact used contrary to the statement at two (2) times the metered rate provided by this Chapter. Such statement must be filed on or before the fifteenth (15th) day after the commencement of a billing cycle and shall state the billing cycles that are to be covered thereby so that new statements do not have to be filed for each separate cycle. If more than one (1) cycle is covered by the statement, it may be withdrawn, in writing, by the fifteenth (15th) day of a subsequent cycle originally covered by the statement, and if so withdrawn, charges for that and all subsequent cycles covered by the withdrawal will be based upon the regular water and/or sewer rates, unless and until a new statement is filed in compliance with this Section.
[R.O. 2007 §710.065; Ord. No. 2002, 8-12-1999; Ord. No.
2727, 6-14-2007; Ord. No. 2848 §1, 3-12-2009]
A.
Any
provisions of this Chapter to the contrary notwithstanding, all persons
requiring water or sewage service from the City of Bolivar shall make
application therefor on forms provided for that purpose by the Utility
Clerk. Such application shall contain the names of the applicants
for service; the address of the premises to be served; the correct
billing address for the applicant and all other responsible parties;
if such premises are or shall be billed by the number of fixtures
pursuant to the provisions of this Chapter, a certification of the
number of water fixtures in the premises to be served and an agreement
to notify the Utility Clerk of any change in the number of water fixtures
within five (5) days following such addition; if such premises are
or shall be billed by the number of fixtures pursuant to the provisions
of this Chapter, a statement as to whether the premises contains a
swimming pool, whirlpool or spa, irrigation system or outdoor sprinkler
system and, if so, the capacity, in gallons, of any such swimming
pool, whirlpool or spa and the number of sprinkler heads of any irrigation
or sprinkling system; a statement as to whether the premises contains
a standby fire-fighting sprinkler system and, if so, the number of
sprinkler heads which are connected to such system; a statement of
the name and address of the applicant's bank, and the name and address
of previous water, sewer, electric, telephone or other utilities with
whom the applicant has had prior service; a consent to disclosure
of credit to the applicant's bank or any prior utility company with
whom the applicant has had service; an agreement to pay all water
and sewer bills on or before the due date and, if not so paid, an
agreement to pay all costs of disconnection, reconnection, a late
payment penalty of ten percent (10%) per month commencing after the
account becomes delinquent, and all costs of collection, including
the City's reasonable attorney's fees; a consent to the offset of
any deposit collected by the City under this Chapter to any delinquent
amount for water and sewer service, costs of disconnection, reconnection,
interest, penalties and costs of collection; and such other information
as the Utility Clerk may determine is necessary or appropriate.
B.
An
application for water or sewer service for residential property occupied
or to be occupied by a husband and wife must be signed by both persons.
An application for water or sewer service for a business, commercial,
industrial or professional establishment must be signed by the owner,
general partner or authorized officer, as appropriate.
C.
No
applicant for water or sewer services shall be connected or approved
for such services if the applicant or his/her spouse, or in the case
of joint applicants, any one (1) of the applicants or in the case
of a business, commercial, industrial or profession applicant, the
owner of ten percent (10%) or more of the business, commercial, industrial
or professional establishment, is lawfully indebted to the City for
any prior water or sewage services, delinquent taxes or other lawful
obligations, unless such debt, together with all interest, penalties
and costs of collection, if any, are fully paid at the time the application
of such service is made.
D.
No
application for water or sewer service shall be approved for services
to premises which are not to be occupied by the applicant, unless
the applicant is the owner and has joint liability with the occupant
for such services. In addition to any other information provided on
the application for water or sewer service as provided for in this
section, the application will specify whether the applicant will be
the owner of the premises to receive such services on the date that
the services are to begin in the applicant's name. No application
for water and sewer service shall be approved until the applicant
shall pay as a deposit in the amount that is appropriate as determined
by the City Administrator and approved by the Board of Aldermen from
time to time.
This paragraph shall not apply to an application for transfer
of water and sewer services from one location within the City to another
location or to an existing customer seeking additional water and/or
sewer services, if the water and sewer account of the applicant is
fully paid, the applicant has not been delinquent during the past
twelve (12) months of water and/or sewer service, and all taxes due
the City are fully paid. All utility deposits shall be deposited into
a separate accounting fund maintained by the City Treasurer for that
purpose, and accurate records shall be kept and maintained as to the
date, amount and name of each depositor. The deposits shall be returned
pursuant to subparagraphs (1) and (2) as follows:
1.
Return of deposits for applicants/users who are owners of
the premises receiving water and sewer services. The deposits
shall be returned to a customer upon the earlier of:
a.
The denial by the Water and Sewer Collector of service to the applicant
for any reason authorized by this Section (subject to offset for existing
obligations of the applicant to the City); or
b.
A request for termination of service, and all water and sewer bills,
and taxes or other obligations then due the City, are fully paid;
or
c.
Twenty-four (24) months following the date the deposit is made, if
all water and sewer bills have been promptly and timely paid by the
customer, and there is no delinquent taxes or other lawful obligations
due to the City. If during such twenty-four (24) month period there
shall have been a delinquency as defined by this Chapter, the deposit
shall not be returned until twenty-four (24) months after the last
such delinquency.
2.
Return of deposits for applicants/users who are not owners
of the premises receiving water and sewer services. Upon
a request for termination of service, the deposits shall be returned
to a customer who is not the owner of the premises receiving services
if all water and sewer bills, and taxes or other obligations then
due the City, are fully paid. In addition, the deposits shall be returned
to a customer who is not the owner of the premises receiving services
upon the denial by the Water and Sewer Collector of service to the
applicant for any reason authorized by this Section (subject to offset
for existing obligations of the applicant to the City). Otherwise,
the deposits shall be returned to a customer who is not the owner
of the premises upon the later of:
a.
Five (5) years from the date the deposit is made; or
b.
A period of twenty-four (24) months during which all water and sewer
bills have been promptly and timely paid by the customer, and there
is no delinquent taxes or other lawful obligations due to the City.
If during such 24-month period, there shall have been a delinquency
as defined by this chapter, the deposit shall not be returned until
24 months after the last such delinquency.
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Generally, the determination of whether a customer is an owner of the premises will be determined as of the date that the services are to begin in the customer's name; however, in the event that a customer is not the owner of the premises to receive service on the date that the services begin in the customer's name, but such customer subsequently becomes eligible for classification as the owner of the premises receiving service, then the customer may notify the city's Utility Department in writing of the customer's change in ownership status. The Utility Department may require the customer to produce reasonable verification of ownership of the premises receiving service in the event that the Utility Department cannot verify ownership based upon the written notification received from the customer alone. Upon receipt of notification and verification of the customer's change in ownership of the premises, the customer will thereafter be classified as the owner of the premises for purposes of the city's deposit return policy. If, after a customer's change in classification from a non-owner to an owner of the premises, such customer would be entitled to a return on their deposit pursuant to subparagraph (1) of this Subsection (D), then the customer's deposit shall be returned in accordance with the provisions of this Subsection (D). For purposes of the City's deposit return policy, the City will not consider a customer who originally applied for services as a non-owner or the premises as an owner of such premises until such time as the Utility Department has received the notification and verification as provided for in this paragraph.
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In any circumstance where a deposit is due to be returned to
a customer, whether or not such customer is the owner of the premises
receiving services, the amount of deposit to be returned shall be
the amount deposited with the City, without interest, less such amounts
as have been applied from the deposit for the payment of delinquent
water charges and to the payment of delinquent sewer service charges,
and to the payment of disconnect fees and other lawful costs, fees,
penalties and charges that may have been incurred, but which are unpaid.
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[R.O. 2007 §710.070; Ord. No. 1209 §2, 5-27-1992]
It shall be unlawful for any person to interfere or to attempt to interfere with any employee or agent of the City of Bolivar while making any connection to the City water or sewer mains or disconnecting the service of any water or sewer customer or performing any other duty or exercising any right under this Chapter. It shall further be unlawful for any person to tamper or attempt to tamper with any metering facilities which measure water usage by any customer of the City water distribution system. Any person violating the provisions of this Section shall be deemed guilty of an ordinance violation and upon conviction shall be punished as provided by Section 100.220 of the Bolivar Municipal Code, as now in effect or as may hereafter be amended from time to time.
[R.O. 2007 §710.075; Ord. No. 1222 §7, 8-13-1992]
A.
The
owner or other occupant of all property which has metering facilities
located other than at the public right-of-way shall allow access to
the meter during normal business days and hours by authorized agents
and employees of the City for the purposes of:
1.
Testing the meter to determine that it is in proper working condition;
2.
Repairing metering facilities;
3.
Reading the meter; or
4.
Performing any other service which is necessary or appropriate to
protect the City water or sewer system to assure that all facilities
are in proper working condition or to determine the amount or quantity
of use of such services for billing or other purposes relating to
the operation of the water and sewer systems.
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No agent nor employee of the City shall be liable for trespass or other criminal action for entering the property of others in the official conduct of his/her duties. Any person that unlawfully denies access to metering facilities to an authorized agent or employee of the City shall, upon conviction, be deemed guilty of an ordinance violation and, upon conviction, shall be punished as provided by Section 100.220 of the Bolivar Municipal Code, as now in effect or as may hereafter be amended from time to time. In addition, the person or persons responsible for the payment of any water and sewer charges for services to the property to which access is denied shall pay water and/or sewer charges at the flat rate of ten dollars ($10.00) per day for water service and ten dollars ($10.00) per day for sewer service for each day access is denied or until the termination of service to such property. All water and sewer services to any property to which access is denied as herein provided shall be terminated by any means as soon as may be possible and practical; and service shall not thereafter be resumed until the owner or occupant or other responsible party shall pay all costs of disconnection and reconnection, accrued service charges, finance or interest charges, costs of collection, including reasonable attorney's fees incurred by the City, and a deposit equal to six (6) months anticipated water and/or sewer charges based upon past usages of water and sewer services to the property or upon other factors known or ascertainable by the Utility Clerk which provides guidance and direction as to the anticipated amount of usage.
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