City of Malden, MO Article III Charges, Billing And Collection [1]

[1] Cross References: As to Board of Public Works generally, see §§ 135.100 – 135.230 of this Code; as to assessment and collection of water rates by Board of Public Works, see § 135.180; as to rules and regulations of Board of Public Works regulating water and sewer services and establishing rates therefor, see § 135.230.

Section 700.090 Premises Subject To Combined Or Separate Charges.

[R.O. 1993 § 700.090; Ord. No. 1797 § 2, 12-15-1953; CC 1969 § 28-10]

A. Charges for combined water and sewerage service shall be made and collected against each lot, parcel of land or premises to which water is supplied by the City waterworks system which may have any active sewer connection with the sewerage system of the City or which may actively discharge sewage or industrial waste either directly or indirectly into such system, or any part thereof.

B. Charges for sewerage service only shall be made and collected against each lot, parcel of land or premises, which shall not in addition receive water from the City. Charges for waterworks services only shall be made and collected against each lot, parcel of land or premises receiving water from the City which shall not be connected with the sewerage system of the City.

Section 700.100 Free Services To City Only — When City Must Pay.

[R.O. 1993 § 700.100; Ord. No. 1945 § 8, 5-18-1964; CC 1969 § 28-11]

No free water service or sewerage service shall be furnished to any premises, or the owner of 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, then the City will thereafter pay a fair and reasonable charge for all water and sewerage services, or water service, or sewerage service, furnished the City or any of its departments by the Combined Waterworks and Sewerage System, and such payments will continue so long as 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.

Section 700.110 Water Rates — On Monthly Basis.

[R.O. 1993 § 700.110; Ord. No. 2781 §§ 1 – 2, 11-13-2001; Ord. No. 2837, 7-21-2005; Ord. No. 3018, 7-19-2010]

A. Residential water, residential waste water, commercial water, and commercial waste water rates shall be on file at City Hall.

B. Beginning January 1, 2012, and each January 1 thereafter, an annual Operations Cost Adjustment shall be applied to the monthly Water and Waste Water rates. The Operations Cost Adjustment shall be calculated as follows: Each January 1, following the annual audit of the previous year, the Board of Public Works shall compare the total cost of operations, including all payments to the city, as stated in the annual audit, to the audited cost of operations of the prior year. Said difference, plus or minus, shall be divided by the total sales of the previous year and shall be stated as a percentage rounded to the nearest thousandths percent (0.000%). This percentage, plus or minus, shall be applied to all Water and Waste Water rates and customer charges.

Section 700.120 Water Rates — Special Contracts With Large Consumers — Free Services Limited To City Government.

[R.O. 1993 § 700.120; Ord. No. 1945 § 1, 5-18-1964; CC 1969 § 28-13]

When authorized by the City Council, the Board of Public Works may negotiate special contracts with large consumers of water; provided, that under no circumstances shall free service be provided to any water user other than the City itself.

Section 700.130 Monthly Sewer Service Rates.

[R.O. 1993 § 700.130]

Monthly rates shall be charged and collected by the City for sewerage service furnished by the Combined Waterworks and Sewerage System of the City, which shall be based upon the quantity of water used and shall be measured by the water meters installed on the premises served, and such monthly charges shall be equal to the charge made for water and water service for such month to the premises served.

Section 700.140 Meter Readings And Computation Of Rates — Board Of Public Works To Prepare Combined Bills Monthly — When And Where Bills Payable — Estimated Charges In Certain Cases.

[R.O. 1993 § 700.150; Ord. No. 1797 §§ 1 — 3, 12-15-1953; Ord. No. 1945 § 4, 5-18-1964; CC 1969 § 28-16]

A. All water meters shall be read and bills for water and sewerage services shall be rendered monthly as such services accrue. The Board of Public Works, representing the City, shall prepare and render bills for water and sewerage services by calculating monthly the water service bill and adding thereto the amount chargeable for sewerage service and rendering monthly the combined bill to each customer. All such bills are due and payable on the first day of the month following reading of the water meters, at the office of the Board of Public Works during regular hours of business.

B. Whenever for any cause a water meter fails to operate or is not accessible to a duly authorized reader, a reasonable estimate shall be made by the Board of Public Works of the amount of water supplied during the period such meter fails to operate and the user shall pay a rate based in whole or in part on the estimated amount of water supplied.

Section 700.150 Water Charges And Sewer Charges To Be Paid Concurrently.

[R.O. 1993 § 700.160; Ord. No. 1797 § 5, 12-15-1953; CC 1969 § 28-17]

As charges for water service and for sewerage service are required to be united in the same bill, the payment of one (1) charge shall not be accepted without the payment of the other charge.

Section 700.160 Late Payment Penalties — Additional Charge — Discontinuance Of Service — Re-connection Fees.

[R.O. 1993 § 700.170; Ord. No. 1797 §§ 4 — 7, 12-15-1953; Ord. No. 1945 §§ 5 — 6, 5-18-1964; CC 1969 § 28-18]

A. If any bill for water and sewerage services, or for either water service or sewerage service [if any customer shall receive one (1) of such services but not both], shall remain due and unpaid after the 10th of the following month, an additional charge of ten percent (10%) shall be added thereto.

B. If any bill for water and sewerage services, or for either water service or sewerage service [if any customer shall receive one (1) of such services but not both], shall be and remain past due and unpaid for as long as thirty (30) days, service to such customer shall be discontinued and shall not be reconnected until all past due bills are paid in full, together with a connection fee as set by the Board of Public Works.

Section 700.170 Liability Of Lot Owners And Occupants, And Users Of Services. [1]

[R.O. 1993 § 700.180; Ord. No. 1797 § 8, 12-15-1953; CC 1969 § 28-19]

The owner of any lot, parcel of land or premises receiving any of the services of the Combined Waterworks and Sewerage System of the City, the occupant of such premises and the user of the services shall be jointly and severally liable for the payment of services to such lot, parcel of land or premises, and all services are rendered to the premises by the City only on the condition that such owner, occupant and user shall be jointly and severally liable therefor to the City.

[1] State Law Reference: For similar provisions, see § 250.140, RSMo.

Section 700.180 Board Of Public Works To Transfer Five Percent To General Fund — When.

[R.O. 1993 § 700.190; Ord. No. 2597 §§ 1 — 3, 12-11-1995]

A. The Board of Public Works shall transfer to the City of Malden, on a monthly basis, an amount equal to five percent (5%) of the gross sales of electric, water, and sewer to all customers.

B. The amount in Subsection (A) shall not be less than one hundred twenty thousand dollars ($120,000.00) per year.

C. The percentage amount in Subsection (A) shall apply to all sales beginning with the start of the 1995/1996 fiscal year.

Section 700.190 Water Distribution System Upgrade Charge.

[Ord. No. 3128, 7-18-2016; Ord. No. 3145, 3-20-2017]

A. In addition to all other rates lawfully assessed and collected for water and/or wastewater service by the Board of Public Works of the City of Malden, the Board shall assess and collect a Water Distribution Upgrade Charge from each customer receiving metered water and/or wastewater service from the Board as set forth in this Section.

B. The monthly Water Distribution Upgrade Charge shall be set as follows:

1. Two dollars and fifty cents ($2.50) per meter for the first metered usage of one thousand (1,000) gallons of water or less.

2. Twenty-five cents ($0.25) per meter for each one hundred (100) gallons of metered usage in excess of one thousand gallons; provided, however, that no meter classified by the Board as residential shall be charged for any metered usage in excess of fourteen thousand (14,000) gallons.

C. All funds collected pursuant to this Section shall be set aside and segregated for the sole use of replacing, upgrading, and/or modernizing the City of Malden Water Distribution System.

D. This Article shall expire and further collections of funds hereunder shall cease upon finalization of all necessary improvements to replace, upgrade, and/or modernize the City of Malden Water Distribution System.