City of De Soto, MO
Jefferson County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[CC 1988 §28-1; Ord. No. 2779 §3, 5-20-1985]
The existing waterworks of the City and the existing sewage works of the City, and all future improvements and extensions thereto, whether to the waterworks or to the sewage works or to both, are combined, and it is hereby declared that such waterworks and such sewage works, and all future improvements and extensions thereto, as aforesaid, thenceforth be operated and maintained as a combined waterworks and sewage works.
[Ord. No. 3735 §1, 7-16-2007]
A. 
General. The following factors should be considered in providing adequate separation:
1. 
Materials and type of joints for water and sewer pipes;
2. 
Soil conditions;
3. 
Service and branch connections into the water main and sewer line;
4. 
Compensating variations in the horizontal and vertical separations;
5. 
Space for repair and alterations of water and sewer pipes; and
6. 
Off-setting of water mains around manholes.
B. 
Parallel Installation. Water mains shall be laid at least ten (10) feet horizontally from any existing or proposed sewer. The distance shall be measured edge to edge. In cases where it is not practical to maintain a ten (10) foot separation, the City may allow deviation on a case-by-case basis, if supported by data from a design engineer. Such deviation may allow installation of the water main closer to a sewer, provided that the water main is laid in a separate trench or on an undisturbed earth shelf located on one (1) side of the sewer and on either case, at such an elevation that the bottom of the water main is at least eighteen (18) inches above the top of the sewer. In areas where the recommended separations cannot be obtained, either the water line or the sewer line shall be constructed of mechanical joint pipe or cased in a continuous casing.
C. 
Crossings. Water mains crossing sewers shall be laid to provide a minimum vertical clear distance of eighteen (18) inches between the outside of the water main and the outside of the sewer. This shall be the case where the water main is either above or below the sewer. At crossings, the full length of water pipe shall be located so both joints will be as far from the sewer as possible but in no case less than ten (10) feet. Special structural support for the water and sewer pipes may be required. In areas where the recommended separations cannot be obtained, either the water line or the sewer line shall be constructed of mechanical joint pipe or cased in a continuous casing that extends no less than ten (10) feet on both sides of the crossing.
D. 
Exception. Any variance from the specified separation distances in Subsections (B) and (C) must be submitted to the City Manager's office for approval.
E. 
Force Mains. There shall be at least a ten (10) foot horizontal separation between water mains and sanitary sewer force mains and they shall be in separate trenches. In areas where these separations cannot be obtained, either the water line or the sewer line shall be cased in a continuous casing.
F. 
Sewer Manholes. No water line shall be located closer than ten (10) feet to any part of a combined sewer manhole.
The term "licensed plumber" as used in this Title shall mean a person licensed to do business by the City of De Soto.
[CC 1988 §28-59; Ord. No. 3454 §2, 3-19-2001; Ord. No. 3553 §1, 2-18-2004; Ord. No. 3637 §1, 8-15-2005; Ord. No. 3640 §1, 9-19-2005; Ord. No. 3809 §1, 4-20-2009; Ord. No. 3996 §1, 12-16-2013; Ord. No. 4065 §§1 — 2, 6-20-2016]
A. 
Application. Application for water, sewer and trash service shall be made by the owner or occupant of the property to be serviced, to the City Manager or person so designated.
B. 
Deposit.
1. 
Upon approval of such application, service will begin upon payment of a one hundred fifty dollar ($150.00) deposit.
2. 
Owner-occupants shall be entitled to a refund of such a deposit when the owner occupant shall have made timely fee payments for a continuous twelve-month period. In the event that a deposit has been refunded and the owner-occupant experiences an interruption in service, the outstanding balance shall be paid in full along with applicable reconnection fees. In addition, a deposit of one hundred fifty dollars ($150.00) shall be required which will not be eligible for refund under this Section, until such a time that service is discontinued and all outstanding indebtedness to the City is cured.
3. 
Renter-occupants shall be eligible for a refund upon discontinuance of service to the applicant and payment by the applicant of all outstanding indebtedness to the City.
C. 
Connection Fees — Inside City Limits/Outside City Limits.
1. 
Water connection. In the event water service is being installed to a residence or commercial building, the applicant shall be required to pay the connection charge of seven hundred fifty dollars ($750.00) for a three-quarter (3/4) inch tap with the fee increasing to one thousand dollars ($1,000.00) effective May 1, 2006. The tap fee for greater than three-quarter (3/4) shall be seven hundred fifty dollars ($750.00) plus the cost for materials.
2. 
Sewer connection. In the event sewer service is being installed to a residence or commercial building, the applicant shall be required to pay the connection charge of five hundred dollars ($500.00) for a sewer tap effective November 1, 2005, with the fee increasing to one thousand dollars ($1,000.00) effective May 1, 2006.
D. 
Damage To City Property.
1. 
The owner or occupant shall properly protect the City's property and permit no one to inspect or tamper with the City's waterworks, including the meter, except the City's agents or person authorized by law. The owner(s) and occupant(s) may be liable for the cost of repair or replacement of any part of the City's waterworks that is damaged by the owner, occupant, their agents, guests or invitees. The customer and occupant assume all responsibility for owner's and occupant's waterworks and any water conveyed therein, and shall protect and save the City harmless from all claims for injury or damage to any person or property, or caused by water leaking from, or any defect in the owner's or occupant's waterworks.
2. 
If any portion of the City's waterworks is damaged by an owner or occupant, their agents, guests or invitees, the cost for the repair and/or replacement of the damaged City waterworks may be added to the monthly billing for services pursuant to Section 700.050 of the code of the City of DeSoto. The costs for repair and/or replacement shall include the cost of any replacement parts, the reasonable labor cost for the repair and/or replacement and any other costs that are directly related to the repair and/or replacement of the City's waterworks.
[CC 1988 §28-59.1; Ord. No. 3454 §3, 3-19-2001]
A. 
The following rates for water service are hereby established for all users within the City. The same shall be applied to the amount of water consumed for the preceding month or fraction thereof:
1. 
Inside City limits.
a. 
Minimum quantity of water used per month shall be two thousand (2,000) gallons, which shall be billed at nine dollars seventy-five cents ($9.75).
b. 
Additional usage shall be billed at a rate of two dollars twenty-five cents ($2.25) per thousand (1,000) gallons.
c. 
Rate will increase three percent (3%) annually on June first (1st) of each year.
2. 
Outside City limits.
a. 
The rate for water service charges by meterholders outside the City shall be double the rate charged to meterholders within the City limits.
[CC 1988 §28-60; Ord. No. 3454 §4, 3-19-2001]
A. 
Inside City Limits.
1. 
Minimum quantity of sewer used per month shall be two thousand (2,000) gallons, which shall be billed at three dollars seventy-five cents ($3.75).
2. 
Additional usage shall be billed at a rate of two dollars twenty-five cents ($2.25) per thousand (1,000) gallons.
3. 
Rate will increase three percent (3%) annually on June first (1st) of each year.
B. 
Outside City Limits.
1. 
The rate for sewer service charges by users outside the City shall be double the rate charged to users within the City limits.
[CC 1988 §28-61; Ord. No. 1194 §4, 10-22-1959; Ord. No. 2149 §3, 6-5-1967]
All water meters shall be read and bills for water and sewage services shall be rendered monthly as such services accrue, the billing to be included with all other municipal services on a municipal services bill. The City Manager or other officer or representative of the City designated to prepare and render bills for water and sewage services shall calculate monthly the amount of each bill for water service and shall add thereto the amount of such customer's bill for sewage service and shall render monthly to each customer a combined bill for such water and sewage services, along with the customer's bill for any other municipal services.
[CC 1988 §28-61.1; Ord. No. 3131 §28-61.1, 5-17-1993; Ord. No. 3640 §2, 9-19-2005]
A. 
Fee Period. The Missouri State "primacy fee" will be collected for an annual fee period from September first (1st) through August thirty-first (31st) of the succeeding calendar year. The "primacy fee" will be reflected on the July water bill in the period for which it is due and will be stated separately on the bill as a "State fee". Payment will be due before the end of the annual fee period on August thirty-first (31st) of each year.
B. 
Collection. The City water system shall use all customary and regular rate collection practices when customers fail to pay the "primacy fee" by the due date, including imposition of a reasonable penalty and shutoff of water service to the customer.
C. 
Amount. The charge assessed against each customer of the City utility as established by the State is determined on the basis of meter size as stated below. The City shall use its records to determine the initial fee which, unless challenged within thirty (30) days after the date the fee becomes delinquent, shall be conclusively presumed to be accurate:
For customers with a meter of 1 inch or smaller
$1.84/year
Meter size more than 1 and less than 2 inches
$5.00/year
Meter size more than 2 and less than 4 inches
$25.00/year
The customers served by multiple connections shall pay an annual "primacy fee" based on the rates listed above for each connection, except that no single facility served by multiple connections shall pay a total of more than seven hundred fifty dollars ($750.00) per year.
D. 
Remitting Fees To State. The fees collected shall be enumerated on a form provided by the Department of Natural Resources. The fees collected shall be remitted to the Department of Natural Resources within sixty (60) days following the end of each calendar quarter; the calendar quarters ending on September thirtieth (30th), December thirty-first (31st), March thirty-first (31st) and June thirtieth (30th). No remittance or report is required for any quarter during which fees were not collected. The City water system shall keep two percent (2%) of the fees remitted for the purpose of reimbursing its expenses for billing and collection of these fees.
E. 
Records To Be Kept. The books and records documenting the collection of fees from the customers shall be preserved by the water system for a period of at least three (3) years. The books and records documenting the collection of fees from the customers shall be subject to inspection by the appropriate State authority during business hours.
F. 
Authority Of City Manager. The City Manager is directed to obtain the necessary services and supplies to comply with this decision, including new State billing forms and computer programming services as are required.
[CC 1988 §28-61.2; Ord. No. 3442 §§1 — 2, 1-17-2001]
A. 
Fee Period. The Missouri State "service connection fee" will be collected for an annual fee period from September first (1st) through August thirty-first (31st) of the succeeding calendar year. The "service connection fee" will be reflected on the July water/sewer bill in the period for which it is due and will be stated separately on the bill as a "State fee". Payment will be due before the end of the annual fee period on August thirty-first (31st) of each year beginning in the year 2001.
B. 
Collection. The City sewer system shall use all customary and regular rate collection practices when customers fail to pay the "service connection fee" by the due date, including imposition of a reasonable penalty and shutoff of sewer service to the customer.
C. 
Amount. The charge assessed against each customer of the City utility as established by the State is determined on the basis of meter size as stated below. The City shall use its records to determine the initial fee which, unless challenged within thirty (30) days after the date the fee becomes delinquent, shall be conclusively presumed to be accurate:
Residential Sewer Service
$0.70/year
All customers with water service connections of less than or equal to one (1) inch, excluding taps for fire suppression and irrigation systems
$3.00/year
All customers with water service connections of more than one (1) inch but less than four (4) inches, excluding taps for fire suppression and irrigation systems
$10.00/year
All customers with water service connections of more than four (4) inches, excluding taps for fire suppression and irrigation systems
$25.00/year
The customers served by multiple connections shall pay an annual "service fee" based on the rates listed above for each connection.
D. 
Remitting Fees To State. The fees collected shall be enumerated on a form provided by the Department of Natural Resources. The fees collected shall be remitted to the Department of Natural Resources within sixty (60) days following the end of the calendar month in which the fees were collected. The City sewer system shall keep two percent (2%) of the fees remitted for the purpose of reimbursing its expenses for billing and collection of these fees.
E. 
Records To Be Kept. The books and records documenting the collection of fees from the customers shall be preserved by the sewer system for a period of at least three (3) years. The books and records documenting the collection of fees from the customers shall be subject to inspection by the appropriate State authority during business hours.
F. 
Authority Of City Manager. The City Manager is directed to obtain the necessary services and supplies to comply with this decision, including new State billing forms and computer programming services as are required.
[R.O. 1952 §25.2; CC 1988 §28-62; Ord. No. 2149 §4, 6-5-1967; Ord. No. 2214 §1, 11-20-1967; Ord. No. 2757 §5, 7-16-1984; Ord. No. 3379 §1, 10-18-1999; Ord. No. 3700 §1, 9-18-2006]
Bills for municipal services are issued on the first (1st) day of each month. Bills for municipal services which include water services are due on or before the fifteenth (15th) of the month. An additional charge of ten percent (10%) of the total bill shall be imposed as a penalty for late payment the fifteenth (15th) of the month after 5:00 P.M. If any bill for any municipal service which includes water service shall remain unpaid ten (10) days after the fifteenth (15th) of the month, the City Manager shall cause the water to the premises served through the meter to be shut off for non-payment of the municipal bill. No adjustments will be given in accordance with Section 700.130.
[1]
Editor's Note — Ord. no. 3700 included herein is effective January 1, 2007.
[R.O. 1952 §25.3; CC 1988 §28-63; Ord. No. 2149 §5, 6-5-1967; Ord. No. 2647 §1, 1-2-1979; Ord. No. 2756 §2, 7-16-1984; Ord. No. 3192 §1, 10-24-1994; Ord. No. 3379 §1, 10-18-1999]
Whenever the water supply of any person shall have been turned off in accordance with the preceding Section or for any other sufficient cause, such party shall, before the City Manager shall again turn on the water, pay to the City a reconnection fee of twenty dollars ($20.00) (except, that if it is necessary to turn on the water at a time other than during regular City working hours, the reconnection fee shall be forty dollars ($40.00)) in addition to the ten percent (10%) late charge and the balance of the account which includes the past and current balance. Upon payment of such fee and municipal services bill and the charges imposed by the City, the City Manager shall forthwith cause the water to be reconnected.
[R.O. 1952 §25.4; CC 1988 §28-64; Ord. No. 2514 §2, 10-7-1974; Ord. No. 3211 §1, 2-22-1995; Ord. No. 3379 §1, 10-18-1999]
A. 
Whenever the water supply to a premises has been turned off for any reason, the City Manager may cause the water meter to the premises to be removed or locked if the water supply is turned back on or procured for the premises without proper authority.
B. 
Whenever the water meter shall have been removed or locked in accordance with this Section, the occupant or owner of the premises shall, before the City Manager shall authorize the reinstallation of the meter and reconnection of the water, pay to the City all due municipal services bills, fees and penalties and, in addition, a meter installation fee of fifty dollars ($50.00). Upon payment as herein provided, the City Manager shall forthwith cause the water meter to be reinstalled and the water to be reconnected.
C. 
Notwithstanding the foregoing provisions of this Section, whoever shall turn on or procure any water from any water pipe or hydrant which has been shut off by the City shall be guilty of a misdemeanor.
D. 
Evidence. Proof that water has been turned on or procured from any water pipe or hydrant which has been shut off by the City, as provided in this Section, shall be taken as prima facia evidence of the guilt of the person named in the City's records as receiving the benefit of the subject services.
[CC 1988 §28-65; Ord. No. 1194 §8, 10-22-1959; Ord. No. 3778 §1, 5-19-2008; Ord. No. 3933 §1, 3-19-2012]
A. 
With residences that have their own private water and sewer lines, water services shall be deemed to be furnished to both the occupant and owner of the premises receiving such service and, except as otherwise provided in Subsection (B) of this Section, the City rendering such services shall have power to sue the occupant or owner, or both, of such real estate in a civil action to recover any sums due for such services less any deposit that is held by the City for such services plus a reasonable attorney's fee to be fixed by the court and an administrative fee of sixty-five dollars ($65.00).
B. 
When the occupant is delinquent in payment for thirty (30) days, the City shall make a good faith effort to notify the owner of the premises receiving such service of the delinquency and the amount thereof, which shall result in an additional administrative fee of sixty-five dollars ($65.00) being imposed.
1. 
Notwithstanding any other provision of this Section to the contrary, when an occupant is delinquent more than ninety (90) days, the owner shall not be liable for sums due for more than ninety (90) days of service.
2. 
Any notice of termination of service shall be sent to both the occupant and owner of the premises receiving such service.
C. 
In instances where several residences share a common water or sewer line, the owner of the real property upon which the residences sit shall be liable for water and sewer expenses.
[CC 1988 §28-65.1; Ord. No. 3468 §1, 10-15-2001]
Any unpaid water and sewer charges shall be due and payable at such time or times as specified in the billing and shall, if not paid by the due date, become delinquent and shall bear interest at nine percent (9%) from the date of delinquency until paid. If such charges become delinquent, there shall be a lien upon any real property so charged, upon the De Soto City Council, by and through its City Clerk, filing with the Recorder of Deeds a Notice of Delinquency. A similar notice shall be filed with the Recorder of Deeds when the delinquent amounts, plus interest and any recording fees and attorney's fees, have been paid in full. The lien may be enforced by suit or foreclosure.
[CC 1988 §28-66; Ord. No. 1194 §9, 10-22-1959; Ord. No. 3946 §1, 10-15-2012]
A. 
Water service shall be supplied only through water meters installed and meeting the City's specifications, and only one (1) connection shall be permitted to each water meter. No free water service or sewerage service shall be furnished to any premises, or the owner or occupant thereof, except to the City itself, and in the event that the revenues derived by the City from its combined waterworks and sewerage system shall at any time prove insufficient to pay the cost of maintenance and operation thereof and to pay the interest on and principal of the combined waterworks and sewerage system revenue bonds of the City, issued to construct, extend or improve such system or any part thereof and to establish and maintain reasonable reserves, as provided in the ordinance authorizing the issuance of such bonds, the City will thereafter pay a fair and reasonable charge for all water and sewerage services furnished the City or any of its departments by the combined waterworks and sewerage system. Such payments will continue so long as the same may be necessary in order to prevent any default in the payment of the interest on or principal of the combined waterworks and sewerage system revenue bonds of the City or while any such default shall exist.
B. 
If a resident believes that his/her/its water meter is not accurately keeping record of his/her/its water usage due to a fault of the water meter, the resident may make a written request to the City Manager requesting an investigation by the City. If, after investigation by the City, the City is unable to find a fault with the water meter, the resident may make a written request to the City Manager to remove the water meter for further inspection by a third party designated by the City for such inspection.
1. 
If the results of the test by the third party find no fault with the water meter, then the resident shall reimburse the City for the actual cost of the test conducted by the third party, including any shipping charges. The total reimbursement amount shall be added to the next monthly bill for water.
2. 
If the results of the test by the third party find that there is fault with the water meter, then the City shall bear the cost of the test conducted, including any shipping charges, and the City Manager shall make any necessary adjustment to the water bill only for the month the water meter was tested to correct for any fault of the water meter.