City of Bolivar, MO Classification of Water and Sewer Users; Water and Sewer Rates; Procedures for and Collection of Delinquent Accounts

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).

Except as provided hereinafter, there shall be no charge or assessment payable to the Water and Sewer Collector by a standby user for a firefighting 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 Water and Sewer Collector or the City Building Inspector or their designees.

It shall be unlawful for any party to tap into or otherwise use water from a firefighting 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:

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 firefighting water sprinkling system, to be billed and paid as provided in Section 710.030.

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.

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.

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 firefighting water sprinkler system.

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.

Section 710.015 Exceptions To Section 710.010.

[R.O. 2009 § 710.015; 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]

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.

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:

December 31, 1995, if the customer is a residential customer; or

August 1, 2002, in the case of commercial or industrial customers.

Notwithstanding the provisions of Subsection (A)(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:

(1)

Upon the occurrence of any of the events specified in Section 710.015(A)(1)(b); and

(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.

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:

The location of such line by the City, and it is determined to be a public line;

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

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.

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 (A)(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.

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:

The owner agrees to pay, and does pay, the charges for water and sewer services for all users within the building; and

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.

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:

The owner agrees to pay, and does pay, the charges for water and sewer services for all users within the building; and

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.

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:

The owner agrees to pay, and does pay, the charges for water and sewer services for all users within the court; and

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.

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:

The condominium association agrees to pay, and does pay, the charges for water and sewer services for all users within the building; and

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.

An election and agreement to pay the entire bill for water and/or sewer services under Subsections (A)(4) through (7) of this Section shall be in writing on forms prescribed for that purpose by the Water and Sewer Collector. However, the failure of the Water and Sewer Collector 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 (A)(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.

Section 710.020 User Defined.

[R.O. 2009 § 710.020; R.O. 2007 § 710.020; Ord. No. 1222 § 4, 8-13-1992]

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.

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.

With respect to a building occupied or which has space for the occupancy of more than one (1) establishment, the following rules shall govern:

If the building is metered:

Each establishment occupying a space with water and/or bathroom facilities within such separate space shall be a separate user; and

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.

If the building is not metered:

Each establishment occupying a space with water and/or bathroom facilities within such separate space shall be a separate user;

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

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.

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.

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.

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.

Section 710.025 Provisions For Installation Of Meters.

[R.O. 2009 § 710.025; 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(A)(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(A)(5). Payment to the City for such charges shall be paid as provided in said Section 700.030(A)(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.

Section 710.030 Metered Water Rates.

[R.O. 2009 § 710.030; 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]

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.

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.

Section 710.035 Rates For Flat Rate Water Users.

[R.O. 2009 § 710.035; 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

Section 710.036 Water Pollution Permit Fee.

[R.O. 2009 § 710.036; R.O. 2007 § 710.036; Ord. No. 2213, 6-14-2001; Ord. No. 2235, 9-13-2001]

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.

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]

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 1 of the year of billing.

The fee imposed by this Section shall be due as provided in Section 710.055 and shall be subject to the same penalties for delinquency as provided by said Section.

Section 710.037 Drinking Water Primacy Fee.

[R.O. 2009 § 710.037; R.O. 2007 § 710.037; Ord. No. 2212, 6-14-2001; Ord. No. 2236, 9-13-2001]

There is hereby imposed a drinking water primacy fee on each customer of the City water system with one (1) or more service connections.

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.

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]

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 1 of the year of billing.

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.

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.

The fee imposed by this Section shall be due as provided in Section 710.055 of the Bolivar Municipal Code and shall be subject to the same penalties for delinquency as provided by said Section.

Section 710.040 Definition Of Fixture.

[R.O. 2009 § 710.040; 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 ice makers 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.

Section 710.045 User's Responsibility To Provide Accurate Fixture Count.

[R.O. 2009 § 710.045; 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 Water and Sewer Collector 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 Water and Sewer Collector, 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 Water and Sewer Collector 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.

Section 710.050 Sewer Rates.

[R.O. 2009 § 710.050; 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]

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.

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 Water and Sewer Collector to calculate the average metered water usage of each class of user for the period July 1 through June 30 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 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 Water and Sewer Collector 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 Water and Sewer Collector 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.

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

For the purposes of Section 710.050(A)(1) of the Bolivar Municipal Code, the Water and Sewer Collector 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.

Notwithstanding the above provisions, the sewer rates for City sewer system customers residing outside the corporate limits of the City of Bolivar, Missouri, shall be fifty percent (50%) greater than the rates as set forth in Subsections (A)(1) and (2) above.

[Ord. No. 3466, 7-10-2018]

Section 710.051 Procedures And Rates For Septic Tank Motor Home And Travel Trailer Wastewater Dumping.

[R.O. 2009 § 710.051; R.O. 2007 § 710.051; Ord. No. 1416, 11-10-1994; Ord. No. 2992 § I, 7-14-2011]

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.

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:

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.

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.

For the purposes of this Section, the following phrases shall have the meanings described below:

"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.

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.

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.

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.

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 Water and Sewer Collector 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 Water and Sewer Collector 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.

Section 710.052 Other Rates And Fees.

[R.O. 2009 § 710.052; 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 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.

Section 710.055 Water And Sewer Rental Fees Payable And Delinquent — When.

[R.O. 2009 § 710.055; 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]

All bills and accounts for services as provided in this Chapter shall become due and payable on the first day of each month for services rendered during the prior month. All such bills shall become delinquent on the 10th day of each month, unless the 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 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 attorneys' 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 and 1/2%) each month until paid in full.

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.

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. 2009 § 710.060; 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]

(Reserved)

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 Water and Sewer Collector a statement of assurance ("statement") in writing on forms prescribed by the Water and Sewer Collector 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 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 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.

Section 710.065 Deposit Required For Commencement Of Water And Sewer Services — When.

[R.O. 2009 § 710.065; R.O. 2007 § 710.065; Ord. No. 2002, 8-12-1999; Ord. No. 2727, 6-14-2007; Ord. No. 2848 § 1, 3-12-2009]

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 Water and Sewer Collector. 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 Water and Sewer Collector 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 firefighting 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 attorneys' 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 Water and Sewer Collector may determine is necessary or appropriate.

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.

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.

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 Subsection 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 Subsection (D)(1) and (2) as follows:

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:

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

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

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.

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:

Five (5) years from the date the deposit is made; or

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 twenty-four (24) months after the last such delinquency.

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 Subsection (D)(1), 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.

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.

Section 710.070 Unlawful To Interfere With City Employees In Performance Of Duties Or To Tamper With Metering Facilities — Violation And Penalties.

[R.O. 2009 § 710.070; 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.

Section 710.075 Right Of Access To Property To Read Meter.

[R.O. 2009 § 710.075; R.O. 2007 § 710.075; Ord. No. 1222 § 7, 8-13-1992]

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:

Testing the meter to determine that it is in proper working condition;

Repairing metering facilities;

Reading the meter; or

Performing any other service which is necessary or appropriate to protect the City water or sewer system to ensure 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.

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 attorneys' 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 Water and Sewer Collector which provides guidance and direction as to the anticipated amount of usage.