City of Warsaw, MO
Benton County
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Table of Contents
Table of Contents
[Ord. No. 1997-0839 Art. I, 7-7-1997; Ord. No. 2009-48 Art. I, 10-5-2009]
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City to collect charges from all users who contribute wastewater to the City's treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public wastewater treatment works.
[Ord. No. 1997-0839 Art. II §§1 — 12, 7-7-1997; Ord. No. 2009-48 Art. II, 10-5-2009]
Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Centigrade (20°C), expressed in milligrams per liter (mg/l).
MAY
Is permissive.
NORMAL DOMESTIC WASTEWATER
Wastewater that has a BOD concentration of not more than two hundred fifty (250) mg/l and a suspended solids concentration of not more than three hundred (300) mg/l.
OPERATION AND MAINTENANCE
All expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
RESIDENTIAL CONTRIBUTOR
Any contributor to the City's treatment works whose lot, parcel of real estate or building is used for domestic dwelling purposes only.
SHALL
Is mandatory.
SS (denoting SUSPENDED SOLIDS)
The solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
TREATMENT FACILITIES
Any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include interceptor sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works including site acquisition of land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost and land used for storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.
USEFUL LIFE
The estimated period during which the treatment facilities will be operated.
USER CHARGE
That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.
WATER METER
A water volume measuring and recording device, furnished and/or installed by the City of Warsaw or furnished and/or installed by a user and approved by the City of Warsaw.
[Ord. No. 1997-0839 Art. III §§1 — 4, 7-7-1997; Ord. No. 2009-48 Art. III, 10-5-2009]
A. 
The user charge system shall generate adequate annual revenues to pay the costs of annual operation and maintenance including replacement and cost associated with debt retirement of bonded capital associated with financing the treatment works which the City may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance, including replacement of the treatment works, shall be established by this Section.
B. 
That portion of the total user charge collected which is designated for the operation and maintenance, including replacement purposes as established in Section 710.040, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two (2) primary accounts as follows:
1. 
The Operation and Maintenance Account shall be an account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works. Deposits in the Operation and Maintenance Account shall be made __________ (at least annually, specify) from the operation and maintenance revenue in the amount of $__________ annually.
2. 
The Replacement Account shall be an account designated for the purpose of ensuring replacement needs over the useful life of the treatment works. Deposits in the Replacement Account shall be made __________ (at least annually, specify) from the replacement revenue in the amount of $__________ annually. (See the spreadsheet titled Replacement Schedule in the Rate Assist Program B for calculation.)
C. 
Fiscal year-end balances in the Operation and Maintenance Account and the Replacement Account shall be carried over to the same accounts in each subsequent fiscal year and shall be used for no other purposes than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the Operation, Maintenance and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.
[Ord. No. 1997-0839 Art. IV §§1 — 2, 7-7-1997; Ord. No. 2009-48 Art. IV, 10-5-2009]
A. 
Each user shall pay for the services provided by the City based on their use of the treatment works as determined by water meter(s) acceptable to the City.
B. 
For all contributors, user charges shall be based on water used during the current month.
C. 
(Reference is made to Appendix A of this ordinance, which is on file in the City offices.) The minimum charge per month shall be ten dollars fifty-four cents ($10.54). In addition, each contributor shall pay a user charge for operation and maintenance including replacement of four dollars eleven cents ($4.11) per one thousand (1,000) gallons of water as determined in the preceding Section.
D. 
(Reference is made to Appendix B of this ordinance, which is on file in the City offices.) For those contributors which contribute wastewater, the strength of which is greater than normal domestic sewage, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance including replacement is:
$10.54 per pound of BOD
$4.11 per pound of SS
$0.43 per pound 0.52 (Specify other pollutant(s))
E. 
Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City's treatment works or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works shall pay for such increased costs. The charge to each user shall be as determined by the responsible plant operating personnel and approved by the Board of Aldermen.
F. 
The user charge rates established in this Section apply to all users of the City's treatment works, regardless of the user's location.
[1]
Editor's Note — The information contained in Section 710.050 "rates established" can now be found in section 710.040 "user charges — method for determining use established — rates established". Former section 710.050 derived from ord. no. 1997-0839 art. IV §§3 — 5, 7-7-1997; ord. no. 2001-21 §1, 7-2-2001; ord. no. 2007-07 §1, 2-19-2007; ord. no. 2008-09 §1, 3-17-2008; ord. no. 2009-15 §1, 4-6-2009.
[Ord. No. 2000-23 §§6 — 7, 8-21-2000]
A. 
All customers of the sewerage system shall be billed pursuant to the revised Statute (Senate Bill 741) for a "service connection fee" to be paid annually to the Department of Natural Resources, Water Pollution Control Program per the following:
1. 
The sewerage system serving the City of Warsaw having customers equal to or less than one thousand (1,000) customers shall bill annually eighty cents ($.80) per residential customer as defined by the provider of said sewerage service until such time as the Clean Water Commission promulgates rules defining the billing procedure.
2. 
The sewerage system serving the City of Warsaw shall also bill annually three dollars ($3.00) per water service connection for all other customers with water service connections of less than or equal to one (1) inch, excluding taps for fire suppression and irrigation systems.
3. 
The sewerage system serving the City of Warsaw shall also bill annually ten dollars ($10.00) per water service connection for all other customers with water service connections of more than one (1) inch but less than or equal to four (4) inches, excluding taps for fire suppression and irrigation systems.
4. 
The sewerage system serving the City of Warsaw shall amend its billing for Subsection (1) above written at such time as its customers are more than one thousand (1,000) and shall bill annually per the requirements of the revised Statute.
5. 
These rates shall supersede all prior rate ordinances and agreements.
[Ord. No. 1997-0839 Art. V §1, 7-7-1997; Ord. No. 2009-48 Art. V, 10-5-2009]
A. 
All users shall be billed monthly. Billings for each month shall be made on the first (1st) of each month for the previous thirty (30) day billing cycle. Payments are due when billings are made. Any payment not received within twenty-one (21) days after the billing is made shall be delinquent.
B. 
A late payment penalty of ten percent (10%) of the total user charge bill will be added to each delinquent bill at the time of delinquency. When any bill is fifteen (15) days in default, rendition of water and/or sewer service to such premises shall be discontinued until such bill is paid. Rendition of service shall occur at stated date/time on all monthly billings.
[Ord. No. 1997-0839 Art. VI §§1 — 2, 7-7-1997; Ord. No. 2009-48 Art. VI, 10-5-2009]
A. 
The City shall review the user charge system annually (or more often) and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.
B. 
The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement of the treatment works.
[Ord. No. 19 Art. I, 8-15-2011]
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the City to collect charges from all users who use the City's water system. The proceeds of such charges so derived be used for the purpose of operating, maintaining, and retiring the debt for such public water system.
[Ord. No. 19 Art. II, 8-15-2011]
Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
OPERATION AND MAINTENANCE
All expenditures during the useful life of the system for materials, labor, utilities, and other items which are necessary for managing and maintaining the system to achieve the capacity and performance for which system was designed and constructed.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the system to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
RESIDENTIAL USER
Any user of the City's water system whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.
SHALL
Is mandatory; MAY — Is permissive.
USEFUL LIFE
The estimated period during which the treatment works will be operated.
USER CHARGE
That portion of the total water service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the water system.
WATER METER
A water volume measuring and recording device, furnished and/or installed by the City of Warsaw or furnished and/or installed by a user and approved by the City of Warsaw.
WATER SYSTEM
Any devices and systems for the storage, treatment, recycling, transmission, and distribution of water. These include transmission and distribution lines, individual systems, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable water supply such as standby treatment units and any works, including site acquisition of land, that will be part of the treatment process.
[Ord. No. 19 Art. III, 8-15-2011]
A. 
The user charge system shall generate adequate annual revenues to pay the costs of annual operation and maintenance including replacement and cost associated with debt retirement of bonded capital associated with financing the water system which the City may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the water system shall be established by this Section.
B. 
That portion of the total user charge collected, which is designated for the operation and maintenance including replacement purposes as established in Section 710.040, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance, and Replacement Fund and will be kept in two (2) primary accounts as follows:
1. 
The Operation and Maintenance Account shall be an account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the water system. Deposits in the Operation and Maintenance Account shall be made monthly from the operation and maintenance revenue in accordance to the annual budget.
2. 
The Replacement Account shall be an account designated for the purpose of ensuring replacement needs over the useful life of the water system. Deposits in the Replacement Account shall be made at least annually from the replacement revenue in the amount of one hundred twenty-six thousand five hundred eighty-nine dollars fifty cents ($126,589.50) annually.
C. 
Fiscal year-end balances in the Operation and Maintenance Account and the Replacement Account shall be carried over to the same accounts in each subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the Operation, Maintenance, and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance, and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.
[Ord. No. 19 Art. IV, 8-15-2011]
A. 
Each user shall pay for the services provided by the City based on their use of the water system as determined by water meter(s) acceptable to the City.
B. 
All monthly user charges will be based on monthly water usage.
C. 
(Reference is made to Appendix A of this Chapter which is on file in the City offices.) The minimum charge per month shall be six dollars sixty-eight cents ($6.68). In addition, each user shall pay a user unit charge for operation and maintenance including replacement of four dollars thirty-nine cents ($4.39) per one thousand (1,000) gallons of water as determined in the preceding Section.
D. 
The user charge rates established in this Article apply to all users of the City's system, regardless of the user's location, within the City limits of the City of Warsaw.
[Ord. No. 19 Art. V, 8-15-2011]
A. 
All users shall be billed monthly. Billings for each month shall be made within twenty (20) days after the first (1st) day of the month. Payments are due when billings are made. Any payment not received within twenty (20) days after the first (1st) day of the month shall be delinquent.
B. 
Any water user not paying their current bill within twenty (20) days after the first (1st) day of the month shall be assessed a ten percent (10%) penalty on the entire utility bill. Upon failure to pay the bill and penalty within ten (10) days of receiving a delinquent notice, utility service shall be subject to disconnection.
[Ord. No. 19 Art. VI, 8-15-2011]
A. 
The City shall review the user charge system annually and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.
B. 
The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement of the treatment works.