[Ord. No. 1308 §1-1, 3-19-2001]
A.
The
Oak Grove water and sewerage systems were established and are controlled
by the Board of Aldermen through a City Administrator, referred to
in this Chapter as the Administrator. The City through the years has
established a source of water supply from the City of Independence,
Missouri, has developed a water storage and distribution system, and
has developed an integrated sewerage system and the necessary disposal
facilities.
B.
Any
reference to the Water or Sewer departments or just department shall
mean the department of the City charged by the Administrator with
the duty to implement the provisions of the particular Section of
this Chapter.
C.
For
the purpose of exercising the powers conferred upon the City Administrator
by the Board of Aldermen relative to the work of the department, the
policies in this Chapter have been formulated.
D.
This
Chapter is published for the information and benefit of developers,
subdividers, community leaders and the general public as a guide to
the practices of the department.
E.
The
City reserves the right to amend or modify the statement of policy
contained in this Chapter and to interpret the meaning of all statements
made in this Chapter.
[Ord. No. 1308 §1-2, 3-19-2001]
A.
Powers
conferred upon the department by the Board of Aldermen through the
City Administrator include the power to:
1.
Construct, reconstruct, improve, extend, operate and maintain any
water system, sewerage system, sewerage disposal system, or any combination
of such systems, within or partly within and partly outside of the
City;
2.
Issue rules, regulations and standards for the design, construction
and/or installation of any facilities to be taken over, operated and
maintained by the department;
3.
Exercise the right of eminent domain with the concurrence of the
Board of Aldermen;
4.
Make and enter into all contracts and agreements, as the department
may determine, which are necessary or incidental to the performance
of its duties when approved by the City Administrator and/or with
the concurrence of the Board of Aldermen in accordance with applicable
City ordinances or policies regarding authority to contract or expend
funds;
5.
Require owners, tenants or occupants of abutting property to connect
with and use available sanitary sewers of the department for the disposal
of sewage, sewage wastes or other polluting matter.
6.
To fix, charge and collect rates, fees and charges for use of its
facilities or for the services furnished by any system operated by
the department with the concurrence of the Board of Aldermen.
[Ord. No. 1308 §1-3, 3-19-2001]
A.
The
City's primary source of water is supplied pursuant to an existing
contract with the City of Independence, Missouri, via transmission
mains.
[Ord. No. 1308 §1-4, 3-19-2001]
A.
The
goal of the department for sewage disposal is to conform to the requirements
of the State Department of Natural Resources.
B.
Owners,
tenants or occupants of property shall be required to connect to and
use available sanitary sewers of the department for disposal of sewage,
sewage wastes or other polluting matter in accordance with the rules
and regulations of the department.
C.
The
department will receive only sanitary sewage through its system of
sewers and sewage treatment facilities. Sanitary sewage, as distinguished
from industrial wastes, shall be those wastes which submit to normal
sewage treatment processes, are not toxic to the biological processes
of treatment, and are not excessive in biochemical oxygen demand,
suspended solids, acidity, alkalinity, free oil, etc.
D.
Private
treatment systems may be allowed in areas not served by the sewer
system if approved by the State Department of Natural Resources and
the Jackson or Lafayette County Health Departments.
[Ord. No. 1308 §1-5, 3-19-2001; Ord. No. 1312 §1, 5-7-2001]
A.
Property
not currently served by public water facilities, public sewage facilities
or both may have service extended to it in accordance with the City's
capital improvements program. Facilities will be constructed by the
City only if the reserves of the City are adequate to finance the
construction or after the issue and sale of revenue bonds to finance
the construction.
B.
Landowners
desiring extension of public water or sewerage service facilities
not included in the City's capital improvements program or in advance
of the schedule in the City's capital improvements program shall make
application to the department for extension of service before starting
construction of any water or sewerage facilities. The application
shall be reviewed by the department to determine whether extension
of services is consistent with the City's Comprehensive Plan, the
City's water and/or sewer master plan, and the standards of the design
and construction standards. If the department approves the application,
the landowner shall obtain a public works permit agreeing to perform
all construction of approved facilities in accordance with the design
and construction standards.
1.
Landowners will be required to furnish, install and construct at
their expense all water and sewerage facilities necessary to serve
their development, in accordance with the design and construction
standards, and shall agree to transfer to the City all property and
facilities thereof, free of debt, liens and other legal encumbrances,
for ownership, operation and maintenance. Facilities not complying
with these standards will not be accepted by the City and will not
be supplied with water or allowed to connect to the public water and/or
sewerage system until the deficiencies are corrected. Acceptance of
the improvements by the City shall be in compliance with the design
and construction standards.
2.
Landowners will be required to provide enlarged water mains and/or sewers to serve adjacent areas and/or upstream areas according to the general plans of the department promulgated from time to time. The contract will provide that the extra cost to the landowner for enlarged water mains or sewers will be reimbursed by the City as set forth in Section 700.070 and as provided in the design and construction standards.
3.
All water and sewerage facilities constructed by the landowner to
be transferred to the City shall be constructed on public right-of-way
or upon private land with perpetual easements, conveyed free of cost
to the City, providing free, unobstructed and uninterrupted right-of-way
for inspection, operation, maintenance, enlargement, replacement,
alteration and extension of the facilities. Lift stations, booster
stations, elevated tanks, open basins, flumes and channels, and sewage
treatment facilities shall be located on property with front, side
and rear yards at least fifty (50) feet wide measured from the nearest
building or structure wall to the nearest property line and perpendicular
thereto.
4.
Projects included in the City's capital improvement program and constructed
by the landowner in advance of the schedule in the City's capital
improvement program shall be deleted from the capital improvement
program upon completion.
[Ord. No. 1308 §1-6, 3-19-2001]
A.
The
City has established a water rate (continuing service charge) and
a sewer service rate (continuing service charge) designed to raise
sufficient revenue to pay the cost of operating the City's water and
sewer systems, including:
1.
The cost of purchasing water for human consumption;
2.
The maintenance, repair and operation of all water service and sewer
service equipment and facilities owned and operated by the City;
3.
Related accounting, administration and overhead costs;
4.
Payments of all necessary debt service and maintenance of bond covenants
for bond issues or other indebtedness related to the City's water
and sewer facilities; and
5.
Maintenance of necessary reserves for repair, expansion and replacement
of water and sewer facilities.
B.
There
are other appropriate charges that are necessary to eliminate inequities
between those who have made initial investments in local water and
sewerage systems and those who later move in and who have made no
previous investment in those systems. Those charges include the following:
1.
For the water system:
a.
Water tap fees assessed upon issuance of permits for connection to
the water system to cover the applicant's proportional share of the
cost of transmission mains, reservoirs, elevated tanks and pumping
facilities for the transmission of water and for reserve facilities
for fire protection together with debt service thereon.
b.
Meter setup fees assessed to cover the cost of materials and labor
provided by the City to tap a water main for a new water service connection.
c.
Local facilities charges are lump sum charges assessed upon the issuance
of permits for connection of individual dwellings or commercial or
industrial establishments to the water system in those cases where
the distribution mains are provided by and at the expense of the department
or persons other than the applicant.
2.
For the sewerage system:
a.
Availability charges are lump sum charges assessed upon issuance
of permit for connection to the sewerage system to cover in part the
applicant's proportional share of the cost of sewage disposal facilities
required beyond the lateral system for subtrunk sewers, sewage treatment
plants or interceptor system, and trunk sewers as ultimately required
for the area under development, together with debt service thereon.
b.
Connection charges are lump sum charges assessed upon the issuance
of a permit for connection to the sewer and cover the cost of supervision,
inspection and enforcement of the standards of construction.
c.
Local facilities charges are lump sum charges assessed upon the issuance
of permits for connection of individual dwellings or commercial or
industrial establishments to the sewerage system in those cases where
local facilities are provided by and at the expense of the department
or persons other than the applicant. These facilities include, but
are not limited to, laterals located adjacent to the property, lift
stations, manholes and other local appurtenances.
C.
Developers
or individual owners, located adjacent to and within reach of service
by water mains and sewers installed by and at the expense of the department
or persons other than the applicant, will be required to pay the local
facilities charges described in this Section in addition to the applicable,
"availability" and "connection" charges upon application for service.
[Ord. No. 1308 §1-7, 3-19-2001; Ord. No. 1312 §2, 5-7-2001; Ord.
No. 1616 §1, 11-3-2008]
A.
Under special agreements as provided in Section 700.050, the City may permit an extension of its water distribution or sewerage collection system to be installed by and at the expense of the applicants desiring to secure such service. In all such instances the installations shall include such public fire hydrants as the City may determine are required to provide adequate fire protection service. All installations of water and sewer extensions shall conform to the design and construction standards and plans and specifications approved by the department and shall be made under the supervision of the department. Developers will be reimbursed for the cost of the extensions out of revenues accruing to the department from said facilities according to the following policy:
1.
Payment will be made annually on the anniversary date of the acceptance
of the system by the department, for not more than ten (10) consecutive
years, from the revenue collected from local facilities and availability
charges for connections made to said facilities.
2.
No interest or handling charges will be paid.
3.
Payments made to developers will be made directly to the developer,
his/her assignee or successor.
4.
Payments will be made to the party representing the community or
group of property owners in the manner stipulated in the contract.
B.
Investments
by developers in local facilities in their respective development
areas, such as distribution mains, fire hydrants, sewer laterals,
manholes and other local appurtenances, will not be refunded by, or
become an obligation of, the department, as such investments are considered
as accrued benefits to the improved property and will be recovered
through the increase in value of the property. Individual owners in
these developments will not pay local facilities charges but will
be required to pay connection and availability charges.
C.
As set forth in Section 700.050 and the design and construction standards, landowners will be required to construct enlarged water mains and/or sewers to serve adjacent areas. The extra materials cost will be reimbursed as set forth in the contract with the landowner according to the following policy and the provisions of the design and construction standards:
1.
The amount reimbursed shall be based upon the City's infrastructure
planning requirements versus the minimum infrastructure requirements
necessary to serve the development.
2.
Interest at a rate to be specified in the contract will be paid by
the department on the unpaid balance commencing on the date of acceptance
of the facility by the City.
3.
Payments will be made as provided in the contract, subject to the
following limitations:
D.
The
department reserves the right to determine the size of the pipe necessary
in making such extension, in accordance with the design and construction
standards.
E.
Where
the main or extension is to be installed on private property or in
a private street, the owner thereof shall provide, free of cost to
the City, necessary construction and permanent easements and an unobstructed
and uninterrupted right-of-way for installation, inspection, operation,
maintenance, enlargement, replacement, alteration and extension of
the main or extension. The permanent easement shall be fifteen (15)
feet and the construction easement shall be thirty (30) feet.
F.
The
ownership of the extension installed under this rule shall at all
times be in the name of the City upon final acceptance by the City
of the improvements.
G.
Nothing
contained in this Section shall limit the City from extending its
distribution system wherever it may determine that circumstances so
warrant.
[Ord. No. 1308 §1-8, 3-19-2001]
Except as provided elsewhere, any person who fails to adhere
to or otherwise violates the provisions of this Chapter is guilty
of a municipal ordinance violation punishable by a fine not exceeding
five hundred dollars ($500.00) or ninety (90) days imprisonment, or
both the fine and imprisonment, as provided in Section 79.470, RSMo.,
as amended. Each day that such person shall continue violation of
the provisions of this Chapter shall constitute a separate and distinct
offense and shall be punishable as such.
