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City of Aurora, MO
Lawrence County
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Table of Contents
Table of Contents
[R.O. 1993 § 705.385; Ord. No. 2005-2693 § 1, 10-25-2005]
A. 
All rules and regulations relating to utility service to be furnished by the City shall be expressly authorized by these rules and regulations and no verbal or written promise or commitment by any person shall be binding on the City:
1. 
All contracts for utility service shall be subject to the rules and regulations adopted by the City.
2. 
All applicants for utility service shall be required to sign such form or service contract as may be acceptable to the City.
3. 
All contracts for utility service shall be signed in the true name of the customer desiring such service and the use of a fictitious name shall be sufficient reason for the refusal or termination of service.
4. 
The City shall collect wastewater service charges for the use of, and the services rendered by, the wastewater system from the owners or occupants of every lot, parcel or real estate or building that has a connection to the wastewater system or which discharges, either directly or indirectly, wastes to the wastewater system.
[R.O. 1993 § 705.390; Code 1972 § 30-42; CC 1988 § 27-112; Ord. No. 78-1735, 8-14-1978; Ord. No. 83-1826 § 1, 7-11-1983; Ord. No. 2002-2500 § 1, 3-12-2002; Ord. No. 2005-2693 § 1, 10-25-2005; Ord. No. 2023-3288, 5-23-2023]
Residential sewer tap fees, otherwise known as "sewer connection charges," shall be charged at the rate of one hundred fifty dollars ($150.00) per tap, except at the exact location where a connection shall be made which is pre-tapped with a wye or tee. For this sum the City shall be obligated to drill a hole in uniform proportions in the sewer main and to provide the necessary hardware to be attached to the sewer main so that a sewer lateral can be attached thereto.
[1]
Cross Reference: For monthly service charge for the use of sewer system, see § 705.510 of this Chapter.
[R.O. 1993 § 705.400; Code 1972 § 30-30; CC 1988 § 27-92; Ord. No. 98-2350 § 1, 11-10-1998; Ord. No. 2005-2693 § 1, 10-25-2005]
Unless service has heretofore been granted by written contract, no residential, commercial or industrial property outside the corporate limits of the City of Aurora, Missouri, will be permitted to connect to the public sewer. Industrial businesses located outside the corporate limits of the City of Aurora may connect to City sewer services upon approval by the City Council of a written contract agreement to provide services.
[R.O. 1993 § 705.410; Ord. No. 2005-2693 § 1, 10-25-2005; Ord. No. 2023-3289, 5-23-2023]
A sewer tap fee for commercial industrial participants in the sewer system of the City shall be three hundred seventy-five ($375.00) plus any other costs incurred by the City.
[R.O. 1993 § 705.420; Code 1972 § 30-31; CC 1988 § 27-93; Ord. No. 2005-2693 § 1, 10-25-2005]
All required tap fees shall be retained by the City if the City is participating in the construction costs or by the person constructing the line if there is no City participation. The City shall receive and retain all tap fees required sixty (60) days after the line is constructed, if the City did not participate in the construction cost.
[R.O. 1993 § 705.430; Code 1972 § 30-43; CC 1988 § 27-113; Ord. No. 83-1826 § 1, 7-11-1983; Ord. No. 85-1891, 7-8-1985; Ord. No. 2005-2693 § 1, 10-25-2005]
The City Collector shall have the authority and may negotiate a special payment contract with residential sewer customers for sewerage service. Once the payment contract has been initiated and the customer defaults on the contract, the account is subject to disconnection for non-payment.
[R.O. 1993 § 705.440; Code 1972 § 30-44; CC 1988 § 27-114; Ord. No. 2005-2693 § 1, 10-25-2005]
No sewerage services shall be furnished or rendered free of charge to any person.
[R.O. 1993 § 705.450; Code 1972 § 30-45; CC 1988 § 27-115; Ord. No. 2005-2693 § 1, 10-25-2005]
The quantity of water used upon any premises furnished with sewerage service and for which charges are made shall be measured by the water meter serving the premises. The Superintendent of the sewerage system or other designate of the City shall have access to the premises of such customer at all reasonable times for the purpose of inspection and testing the water meter and reading the records thereof.
[R.O. 1993 § 705.460; Code 1972 § 30-46; CC 1988 § 27-116; Ord. No. 2005-2693 § 1, 10-25-2005; Ord. No. 2010-2859 § 1, 1-26-2010]
The Superintendent of the sewage system of the City and the City Collector or such other officers or designates of the City as may be designated from time to time shall cause all water meters to be read and bills for sewerage services to be rendered monthly as services accrue. All bills shall be due and payable from and after the date such bills are rendered at the office of the City Collector during the regular hours of business.
[R.O. 1993 § 705.470; Code 1972 § 30-49; CC 1988 § 27-117; Ord. No. 85-1887, 6-10-1985; Ord. No. 2005-2693 § 1, 10-25-2005]
The owner of any lot, parcel of land or premises having sewer connection with the sanitary sewerage system of the City, and the occupant or user of such premises, shall be jointly and severally liable to pay for the services to such lot, parcel of land or premises, and all services are furnished to the premises by the City upon the condition and stipulation that services are for the benefit of such owner, occupant or user, and that upon receipt of such services the owner and occupant and user shall be jointly and severally liable therefor to the City.
[R.O. 1993 § 705.471; Ord. No. 2005-2693 § 1, 10-25-2005; Ord. No. 2006-2714 § 1, 4-11-2006; Ord. No. 2016-3071 § 1, 4-26-2016; Ord. No. 2016-3074 § 1, 6-14-2016; Ord. No. 2017-3135, 12-12-2017; Ord. No. 2020-3204, 11-10-2020]
A. 
The City shall collect a deposit of one hundred fifty dollars ($150.00) upon application for sewer service, either commercial or residential, and upon successful completion shall authorize the applicant to purchase and be connected to the Empire District Electric water distribution system. The amount of deposit may be adjusted by resolution of the City Council of Aurora without further amendment of this Section.
B. 
A waiver from the deposit may be obtained with a referral from a utility company, telephone company or cell phone company showing that the customer has had twelve (12) consecutive months of good payment history with no delinquencies.
C. 
After twelve (12) consecutive months of no late payments a customer may request a refund on their deposit. Under no circumstance may a deposit be refunded unless twelve (12) consecutive months of no late payment history has been met.
[R.O. 1993 § 705.472; Ord. No. 2005-2693 § 1, 10-25-2005]
If the contracting customer no longer resides at the premises as identified in the application, service shall be discontinued and before service shall be resumed, a new application shall be completed naming the contracting customer and giving the necessary information with the required fee.
[R.O. 1993 § 705.473; Ord. No. 2005-2693 § 1, 10-25-2005; Ord. No. 2016-3074 § 1, 6-14-2016]
A customer who has made application for utility services to premises shall be held liable for all utilities furnished to the premises until such time as the customer properly notifies the water utility provider and the Utility Billing Department of the City of Aurora to discontinue the services for the customer's account. Verification by both entities must be made.
[R.O. 1993 § 705.474; Ord. No. 2005-2693 § 1, 10-25-2005; Ord. No. 2016-3074 § 1, 6-14-2016]
The contracting customer for City utility service is responsible and liable for the cost of said utility services until the City Utility Billing Department and water utility provider are notified to discontinue the services. The responsibility for notification rests with the contracting customer.
[R.O. 1993 § 705.475; Ord. No. 2005-2693 § 1, 10-25-2005; Ord. No. 2016-3072 § 1, 4-26-2016[1]; Ord. No. 2020-3205, 11-10-2020]
A. 
Upon verification by the contracting customer that City utility services are discontinued, the City Collector shall promptly refund the deposit provided there are no charges for the City utility services owed. The deposit shall not be returned to the contracting customer if there are charges owed for City utility services but shall be applied to those charges and the balance, if any, refunded. Unclaimed deposits will be submitted to the Missouri State Treasurer Office, Unclaimed Property Division.
B. 
Deposits shall be retained by the City in a non-interest-bearing account at a local financial institution insured by FDIC.
[1]
Editor's Note: This ordinance provided that it would be effective 7-1-2016.
[R.O. 1993 § 705.476; Ord. No. 2005-2693 § 1, 10-25-2005]
A service charge as set forth in Section 100.290 shall be imposed upon any person or entity who, in an attempt to discharge any indebtedness owed to the City, issues or passed to any City Official or employee any check or other similar sight order for the payment of money which is not honored by the drawee for any reason. The account will then be placed on a cash or money order basis only.
[R.O. 1993 § 705.480; Code 1972 § 30-47; CC 1988 § 27-118; Ord. No. 85-1887, 6-10-1985; Ord. No. 85-1891, 7-8-1985; Ord. No. 98-2319 § 1, 5-12-1998; Ord. No. 2002-2515 § I, 8-13-2002; Ord. No. 2005-2693 § 1, 10-25-2005]
A. 
All bills for sewerage service shall be due and payable upon receipt at the office of the City Collector. If any bill shall remain due and unpaid prior to the seventh day of the next succeeding month for which services were furnished by the City, unless such due date shall fall on Sunday or legal holiday observed by the City in which case the bill shall be due and payable by 12:00 Midnight of the following business day, it shall be delinquent.
B. 
If any bills for services are past due and unpaid after the seventh day of the following month, a disconnect letter shall be issued stating that bills for services that remain past due and unpaid for a period of thirty (30) days will be subject to disconnection. The Collector shall notify the occupant and owner of the premises receiving such service, as shown on the City tax records, of the past due account and that they are jointly liable for the account.
C. 
Delinquent bills shall be subject to an interest charge of ten percent (10%) of the monthly average delinquency each month. The City Collector or other designee of the City Manager shall initiate appropriate collection services on all delinquent accounts. The City of Aurora shall be entitled to recoup the cost of such collection services, including attorneys' fees, skip tracer fees, small claims court costs or county recording fees and any collection agency fees. Collection services can include filing a judgment lien against the land of the property owner, small claims court, disconnection as hereinafter provided, or other methods established from time to time by the City Council. The occupant and user of the premises and/or the owner of the premises receiving sewerage services shall be liable to pay for the entire cost of such services rendered.
[R.O. 1993 § 705.490; Code 1972 § 30-48; CC 1988 § 27-119; Ord. No. 85-1887, 6-10-1985; Ord. No. 93-2117 § 705.490, 8-9-1993; Ord. No. 2002-2515 § 1, 8-13-2002; Ord. No. 2005-2693 § 1, 10-25-2005; Ord. No. 2010-2859 § 1, 1-26-2010; Ord. No. 2016-3074 § 1, 6-14-2016; Ord. No. 2020-3207, 11-10-2020]
A. 
If any bills for sewerage service shall be and remain past due and unpaid for a period of thirty (30) days and provided notice aforesaid has been given, the City shall have the right to disconnect sewerage services to the premises. The sewerage services shall not be reconnected until all past due bills have been paid in cash or money order, until all charges equal to the cost of disconnecting and reconnecting have been paid, and the deposit as required has been paid to the City. If bills for sewerage services are delinquent as aforesaid, the City shall have the right to request that all utility services furnished to the user or the premises pursuant to license or franchise agreements be disconnected and discontinued.
B. 
The City currently contracts with a water utility provider to terminate water services to any customer premises for non-payment of a sewer bill. No such termination of water service may occur until thirty (30) days after the City provides notice to the customer. Notices to the customer is provided by way of the monthly mailed bill and is considered notice that shows amount past due and most current amount due.
At the end of the notice period, if the total amount due on the sewer account is not paid, the City shall notify the water utility provider and the water utility provider shall discontinue water service until such time as the sewer charges and all related costs/fees of termination and re-establishment of sewer and water services are paid by the customer. Requests for reconnection made after 4:00 P.M. on regular business days shall not be acted upon until the following business day.
The fees for disconnect/reconnect are as follows:
1. 
Disconnect fee: seventy-five dollars $75.00.
2. 
Additional fee for multi-unit building (if applicable): $20.00.
3. 
Reconnect fee: $50.00.
C. 
The Superintendent of wastewater treatment facility upon notification from the City Collector shall promptly proceed to cause sewerage service to such user’s premises to be disconnected and the City shall proceed to enforce collection of such charges by any available legal remedy.
D. 
The City of Aurora has the right to disconnect service in a new residence for non-payment of a past due account from another residence.
[1]
Cross Reference: See § 705.510(G) for cut-off charge for reconnection of sewer service.
[R.O. 1993 § 705.500; Ord. No. 87-1951 §§ 1-13, 9-21-1987; CC 1988 § 27-120; Ord. No. 88-1974 § 2-3, 10-10-1988; Ord. No. 93-2106 § 1, 5-10-1993; Ord. No. 2001-2471 § I, 8-28-2001; Ord. No. 2001-2471-A § I, 9-11-2001; Ord. No. 2002-2515 § I, 8-13-2002; Ord. No. 2005-2693 § 1, 10-25-2005; Ord. No. 2006-2742 § 1, 11-14-2006; Ord. No. 2007-2770 § 1, 9-11-2007; Ord. No. 2010-2859 § 1, 1-26-2010; Ord. No. 2010-2884 § 1, 9-28-2010]
A. 
Definition Of Terms Used Herein.
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.
CITY
The City of Aurora, Missouri.
COMMERCIAL USER
Any person, firm, partnership or corporation occupying any building or structure which is connected to the City sewer system, the principal use of which is for engaging in commerce or trade or for providing service to the public or individuals; provided, however, that schools shall be considered as a "commercial user."
DOMESTIC WASTES
Wastes having a five-day BOD concentration not in excess of two hundred fifty (250) mg/l or a suspended solids concentrations not in excess of three hundred (300) mg/l.
INDUSTRIAL USER
Non-governmental user of the City's wastewater works that discharges waste other than primarily domestic wastes or wastes from sanitary convenience.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage or any pretreated wastes.
RESIDENTIAL USER
Any person occupying any building or structure which is connected to the City sewer system, the principal use of which is as a place or abode for any person or persons on other than a temporary basis.
SUSPENDED SOLIDS
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.
TOXIC WASTES
Any waste which is deleterious to treatment plant operation or to sludge utilization, which constitutes a hazard to humans or animals, or which will create a hazard in the receiving waters of the sewage treatment plant.
B. 
Collection Of Charges — Charges Based On Quantity Of Water Used. The City of Aurora, Missouri shall collect sewer service charges for the use of the services rendered by said sanitary sewer system from the owners or occupants of every residence, building or structure, which is connected with the sanitary sewer system of the City or which discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewer system of the City.
Except as herein otherwise provided, sewer service charges shall be based on the quantity of water used on or in the property or premises subject to such charges; shall be computed by applying the rates herein established; and shall be payable as herein provided.
C. 
Determination Of Usage.
1. 
Except as otherwise herein provided, sewage service charges shall be based on one (1) of the following:
a. 
On the quantity of water used from any source or sources of supply as measured by a water meter or meters acceptable to the City;
b. 
On the quantity of sanitary sewage, industrial wastes, water or other liquids entering the sanitary sewerage system of the City and measured by a sewage meter acceptable to the City;
c. 
On the quantity of sanitary sewage, industrial wastes, water or other liquids entering the sanitary sewerage system of the City as determined by the City;
d. 
On the quantity of water used as determined by the City;
e. 
On the percentage of the metered water used entering the sanitary sewerage system as determined by the City.
The City shall determine which billing method shall be used and methods other than metered usage shall be used only on a temporary basis or an unusual circumstance preventing the use of meters.
2. 
Installation Of Water And Sewage Meters.
a. 
Each owner of a private well or other private water supply shall, at his/her own expense, install and maintain in continuous efficient operation a water meter acceptable to the City on such private well or other private water supply.
b. 
Should a substantial portion of the water consumed by a customer be used in a commercial or industrial process which precludes the water being discharged into the sanitary sewer, the City will require such customers to install and maintain one (1) or more sewage meters or additional water meters in such a manner as to determine the quantity of water actually entering the sanitary sewage works.
c. 
Where such meters are installed, they shall be of a type approved by the City and shall be installed and maintained in continuous efficient operation by the user at his/her own expense.
3. 
Maintenance Of Meters. Where installed, all water meters on private supplies or sewage meters shall be maintained by the owner, at his/her expense, in continuous efficient operation at all times. The readings of any such meter which, in the opinion of the City, has not been so maintained will be disregarded and the City or its authorized designate shall determine the sewage volume delivered to the sanitary system of the City during the time covered by discredited meter reading.
D. 
Basis For Computing Bills.
[Ord. No. 2017-3105 § 1, 6-13-2017]
1. 
All users, other than residential users, shall be billed on the basis of monthly usage as determined by monthly water meter or sewage meter readings as received from the utility company in January, February and March (December, January and February usage).
2. 
Residential users shall be billed based upon the average monthly usage during the months of December, January and February. The average monthly usage so determined each April billing shall apply until the following year. Customers without historic data of usage will be billed for an amount equal to the average usage of that class of customer until the next usage determination period.
3. 
When an account is placed back into the landlord's name, the town average of four thousand (4,000) gallons of water usage will be used to determine the monthly charges unless the landlord has established his/her own average for that premises.
4. 
Water that has been connected in a premises or location shall initiate sewer usage charges to be applied each month except in the case of new construction where a certificate of occupancy must first be issued before a sewer charge is applied.
E. 
Rate Schedule. The sewer service charge rates which shall be applied under this Section shall be as follows: Sewer service charge: Beginning January 1, 2024, the base rate of nine dollars fifteen cents ($9.15) per meter per month; a user fee of seven dollars seventy cents ($7.70) per one thousand (1,000) gallons used.
[Ord. No. 2016-3069 § 1, 4-26-2016; Ord. No. 2023-3294, 8-8-2023]
Additionally, the following scheduled rate increases shall take effect in January of the following years:
1. 
January 1, 2025: A base rate of nine dollars sixty-five cents ($9.65) per meter, per month and a user fee of eight dollars twenty-five cents ($8.25) per one thousand (1,000) gallons used.
2. 
January 1, 2026: A base rate of ten dollars fifteen cents ($10.15) per meter, per month and a user fee of eight dollars eighty cents ($8.80) per one thousand (1,000) gallons used.
F. 
Extra Charges. In order that the rates and charges may be justly and equitably adjusted to the service rendered, the City shall have the right to base its charges not only on volume but also on the strength and character of sewage and wastes which it is required to treat and dispose of. The City shall have the right to measure and determine the strength and content of all sewage and wastes discharged, either directly or indirectly, into the City's sanitary sewerage system in such a manner and by such method as it may deem practicable in the light of the conditions and attending circumstances of the case in order to determine the proper charge.
1. 
Extra Charges For Discharge Of Excess BOD. Any customer who discharges sewage having BOD concentration in excess of two hundred fifty (250) mg/l shall pay an additional charge of forty-two cents ($0.42) per pound of excess BOD discharged.
2. 
Extra Charges For Discharge Of Excess Suspended Solids. Any customer who discharges sewage having a suspended solids concentration in excess of three hundred (300) mg/l shall pay an additional charge of thirty-eight cents ($0.38) per pound of excess suspended solids discharged.
3. 
Extra Charges For Discharge Of Toxic Substances. Any customer who discharges a toxic substance which is deleterious to the treatment process or to sludge utilization shall be liable for all costs incurred by the City in returning the treatment processor sludge to its proper condition. Such extra charges shall be determined by the treatment plan operator subject to review and approval by the City Council and shall include, but not be limited to, costs of labor, chemicals and equipment directly used in correcting the toxic conditions.
G. 
Method Of Billing. All sewer service charges established by this Section shall be stated on a written bill rendered monthly and showing the gallons used, sewer service charge and extra charges, if applicable. Any user of the City sewer system who is delinquent in the payment of the sewer service charge provided herein shall be subject to being disconnected from the sewer system. No person who has been disconnected from the sewer system shall be again connected thereto until he/she has paid to the City all delinquent sewer bills in full together with all applicable fees per Section 705.500(B).
H. 
Adjustments. When it appears that an inequity has occurred, the Superintendent of the sewage system or City Collector may submit a report of the circumstances and make recommendations for adjustments of sewage service charges to the City Council. Any recommendation for adjustments must be approved by said Board before such adjustments shall be effective.
I. 
Inspection — Inspectors — Powers Of Authority. The elected officials of the City of Aurora and other duly authorized employees of said City bearing identification shall, at reasonable times, be permitted to enter upon all properties for the purposes of inspection, observation, measurements, sampling and testing in accordance with the provisions of this Section.
J. 
Accounting System For Sewer Funds.
1. 
All monies collected under the authority of this Section shall be accrued to one (1) of three (3) sewer funds which shall herewith be established. A Sewer Operation and Maintenance Fund shall be established to provide for routine expenses incurred in providing sewer service. A Sewer Replacement Fund shall be established to provide for replacement of major items of equipment as their useful life expires. A Debt Service Fund shall be established to retire revenue bonds and fund bond reserve accounts.
2. 
A minimum amount of twelve thousand five hundred dollars ($12,500.00) per year from the funds collected under this Section shall be deposited to the Sewer Replacement Fund. Disbursements from this fund shall be only for purchasing and installing equipment, accessories or appurtenances to the sewer system which might be required to enable the sewer system to continue operating at its design capacity.
3. 
A variable amount per year from the funds collected under this Section shall be deposited to the Sewer Debt Service Fund. Disbursements from this fund shall apply to reserve funds and to payment of principal and interest upon sewer system revenue bonds as required by the revenue bond sales ordinance.
4. 
The remaining funds collected under this Section shall be deposited to the Sewer Operation and Maintenance Fund. Disbursements from this fund shall be only for the purpose of operating and maintaining the sewer system.
K. 
Transfer Of Monies To Funds.
1. 
In the event either of the sewer funds shall be deficient for operation and maintenance or replacement needs at a given time, monies may be transferred from other City funds; provided, however, that such monies shall be replaced through prompt collection of revenues under this Section or through adjustment of the rate schedule in this Section.
2. 
Any excess monies in the Operation and Maintenance Fund at the end of each fiscal year shall be carried forward in that fund and shall not be transferred to any other City fund.
3. 
Nothing in this Section shall prohibit transfer of funds from other sources into the Sewer Debt Service Fund, nor shall any limitation be placed upon return of such transferred funds.
L. 
Review Of Rate Schedule.
1. 
At the end of each fiscal year, the balance in the sewer funds shall be reviewed to insure adequate and equitable rate schedules for the following year.
2. 
Any Sewer Operation and Maintenance Fund balance carried forward shall be identified by class and credited to the amount due from the customer class in order to meet the budgeted sewer system expenses for the following year.
3. 
The rate schedule adopted for any fiscal year shall be designed to insure adequate sewer operation and maintenance funds and to maintain a sufficient sewer replacement fund to cover costs of anticipated major equipment replacements.
4. 
The City shall notify each customer of the current rate schedule each year by including a rate schedule with a regular bill.