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Legislation #: 950643 Introduction Date: 5/11/1995
Type: Ordinance Effective Date: 6/4/1995
Sponsor: None
Title: Amending Chapters 2, 60 and 78 of the Code of Ordinances, City of Kansas City, Missouri, by repealing Sections 2-421 through 2-437, Sections 2-491 through 2-495 and Section 78-1 and enacting in lieu thereof Sections 2-491 through 2-501, Section 60-128 and Sections 60-201 through 60-208 establishing the Water Services Department, and setting forth the Department's organization, duties and powers, and certain operating procedures and penalties.

Legislation History
DateMinutesDescription
5/11/1995

Prepare to Introduce

5/11/1995

Referred Operations And Aviation

5/17/1995

Do Pass as a Committee Substitute

5/18/1995

Add to Consent Docket

5/25/1995

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 950643

 

Amending Chapters 2, 60 and 78 of the Code of Ordinances, City of Kansas City, Missouri, by repealing Sections 2-421 through 2-437, Sections 2-491 through 2-495 and Section 78-1 and enacting in lieu thereof Sections 2-491 through 2-501, Section 60-128 and Sections 60-201 through 60-208 establishing the Water Services Department, and setting forth the Department's organization, duties and powers, and certain operating procedures and penalties.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Division 10, Sections 2-421 through 2-437 inclusive, of Chapter 2, Article V, of the Code of Ordinances, City of Kansas City, Missouri is repealed.

 

Section B. That Section 78-1 of Chapter 78 of the Code of Ordinances, City of Kansas City, Missouri is repealed.

 

Section C. That Division 12 of Chapter 2, Article V of the Code of Ordinances, City of Kansas City, Missouri, is amended by repealing Sections 2-491 through 2-495 and enacting in lieu thereof Sections 2-491 through 2-501, which sections shall read as follows:

 

 

DIVISION 12. WATER SERVICES

 

Sec. 2-491. Establishment.

 

Pursuant to the provisions of Article II, Section 25 of the city charter, there is hereby established a department to be known as the water services department. Any references in the city charter, this chapter, any city ordinance, or any city contract to the water department, pollution control department, or the water and pollution control department shall be construed to mean the water services department.

 

 

Sec. 2-492. Qualifications and duties of director.

 

The water services department shall be under the supervision of a director appointed by the city manager. Such person shall qualified as provided by Article III, Section 44 of the City Charter. Such person shall also be familiar by training and experience with basic engineering principles, bacteriology, chemistry, establishment of sewage treatment methods, and stormwater management. Such person shall perform those duties provided by City Charter or ordinance for the director of the water department, the director of the pollution control department, or the director of the water and pollution control department. Any references in the City Charter, this chapter, any other city ordinance, or any city contract to the director of the water department, the director of the pollution control department, or the director of the water and pollution control department shall be construed to refer to and mean the director of water services, or the designee of the director.

 

Sec. 2-493. Powers of director.

 

In addition to those powers granted to the director of the water department as set forth in the City Charter, including but not limited to Article III, Sections 44 through 49, the director shall have charge of and responsibility for the planning and construction of all sewers and sewage treatment works which are to be financed from revenue from sewer service charges, and by the sale of bonds redeemable from sewer service charges.

 

 

Sec. 2-494. Personnel.

 

The director of the water services department shall appoint such subordinates and employees as may be required to perform the purposes of the department as authorized by the City Charter or by ordinance. Such personnel may include a deputy director, and such assistant directors as may be necessary to manage the working groups or other functions of the department.

 

 

Sec. 2-495. Organization.

 

The water services department shall consist of the engineering services group, the operations and maintenance group, and the business and support service group. These groups may be divided into operational divisions, and the director may designate additional functions, which may not be a part of the stated groups.

 

 

Sec. 2-496. Engineering services.

 

The engineering services group shall have charge and control of facility and plant engineering, systems engineering, stormwater management, safety management and energy management. Any references in the city ordinances to the division of engineering of the water, pollution control, or water and pollution control departments, or the chief engineer and superintendent of such departments, shall be construed to be a part of the engineering services group or the assistant director in charge of that group, respectively.

 

 

Sec. 2-497. Operations and maintenance.

 

The operations and maintenance group shall have charge and control of the supply of water, including purification, pumping and distribution, the maintenance of water and sewer lines, including enclosed sewer lines and improved open drainage channels located on easements dedicated to the city for storm sewer purposes, wastewater treatment, laboratory services, commercial and industrial waste regulation, and fleet maintenance. Any reference in the city ordinances to the division of sewer maintenance of the pollution control or water and pollution control department, or the chief of the division of sewer maintenance of such department, shall be construed to be a part of the operations and maintenance group or the assistant director in charge of that group, respectively.

 

 

Sec. 2-498. Business and support service.

 

The business and support service group shall have charge and control of meter readings, the inspection of meters and house services, the computation of charges for water and sewer services, the collection of all charges for water and sewer services, for marketing and public affairs of the department, and for finance, accounting, information management and matters of general administration relating to the waterworks and sewerage system of the city. Any references in the city ordinances to the division of administration or the division of consumer services of the water department, or the manager of consumer services of the water department, shall be construed to be a part of the business and support service group or the assistant director in charge of that group, respectively.

 

 

Sec. 2-499. Reserved.

 

 

Sec. 2-500. Control of sewers and sewage treatment works.

 

(a) Department of public works. The department of public works shall have control of, and responsibility for, the planning and construction of all storm sewers and all sanitary sewers which are financed by special assessment against the benefited property, all sewers constructed privately as a part of the city's sewer system, by persons, firms, corporations and associates, under a permit issued by the department of public works, and sewers constructed from funds otherwise made available to the department by appropriate action of the city council.

 

(b) Water services department. The water services department shall have responsibility for the planning and construction of all sewerage works which are financed by revenue from sewer service charges, from revenue derived from the sale of bonds redeemable from sewer service charges, from revenues derived from grants of the federal government, and from funds otherwise made available to the water services department by appropriate action of the city council. The water services department shall also have responsibility for the maintenance and operation of the city sewerage system, including sanitary sewer, storm sewers, combined sewers, pumping stations, force mains and sewage treatment works.

 

Sec. 2-501. Waterworks funds.

 

There are hereby created the following waterworks funds, which shall be kept separate and apart from each other and from other funds of the city:

 

(1) Water fund. This fund shall be the general working fund for water service. Therein shall be deposited all income, revenue and receipts of any and all kinds derived from

the operation of the waterworks system of the city. Out of this fund shall be paid as

they become due and payable:

 

a. All operating expenses of the water services department, including salaries

and wages of waterworks system officers and employees of the water services

department, and all other operating costs, including the cost of all materials

and supplies used in operation, together with all repairs and maintenance of

waterworks system and costs due to obsolescence.

 

b. Payments to water services department and interest fund.

 

c. Interest and principal of all other bonds issued by the city for waterworks

purposes and which are a general obligation of the city as such interest

becomes due and the bonds mature.

 

d. Additions and betterments to the waterworks system, including enlargements

and extensions of the system.

 

(2) Water debt and interest fund. This fund shall be used to meet the principal and interest payments on water revenue bonds. Payments will be made to this fund in

accordance with covenants and revenue bonds which may have been issued or may

hereafter be issued.

 

(3) Water deposit fund. This fund shall be used to account for all deposits made by consumers or others to guarantee payment of water services or water repair bills or

to cover the estimated cost of work to be done or material furnished by the water

services department or any other deposit which the water services department may

require for all other purposes, except deposits for water main extensions. Revenue

derived from the investment of such funds so deposited by consumers or other shall

be credited to the water fund.

 

(4) Refund of water deposits. A bank account for the purpose of refunding water deposits made by consumers under Section 78-20 shall be in the custody of the

director, or the director's designee, who is authorized to issue and sign checks on

such account. Deposits in the account shall be made from requisitions drawn on the

water deposit fund on presentation to the supervisor of accounts in the finance

department. Checks drawn on the account which are not negotiated in 90 days may

be canceled and the funds represented thereby shall be set aside as unclaimed

deposits.

 

Section D. That Article IV of Chapter 60 of the Code of Ordinances, City of Kansas City, Missouri, is amended by enacting a new Section 60-128, which section shall read as follows:

 

Sec. 60-128. Division of commercial and industrial waste control.

 

There is hereby established within the water services department a division to be known as the division of commercial and industrial waste control. Under the direction of the director of water services, the division shall plan and administer the program and requirements established by this article.

 

Section E. That Chapter 60 of the Code of Ordinances, City of Kansas City, Missouri, is amended by enacting a new Article VI, Sections 60-201 through 60-208, which sections shall read as follows:

 

 

ARTICLE VI.

CONSTRUCTION AND REPAIR OF PRIVATE SEWAGE FACILITIES AND HOUSE LINES.

 

Sec. 60-201. Construction or repair by property owner of sewage treatment or pumping facilities--Authorized: prerequisites.

 

The director of water services is hereby authorized to issue special permits, upon request, to owners of private property, or their representatives or contractors, to construct, repair or reconstruct at their own expense sewage treatment or sewage pumping facilities, on their property or in the public streets or alleys adjacent thereto; provided such property shall have been specifically granted a special permit by the board of zoning adjustment for such use, and such facilities are, in the director's judgement, reasonably necessary. No person shall begin any such improvement until such permit shall have been issued.

 

 

Sec. 60-202. Engineering reports, plans and specifications.

 

(a) Engineering reports, plans and specifications for sewage treatment or sewage pumping facilities authorized under section 60-201 shall be prepared by a registered professional engineer authorized to practice engineering in this state and who is retained by the property owner, and shall be submitted to the water services department for review and approval.

 

(b) The engineering reports, plans and specifications for the sewage treatment or sewage pumping facilities shall conform to minimum standards as promulgated by the Missouri Clean Water Commission, and, in addition, shall comply with all pertinent rules and regulations as may be adopted by the director of water services, which rules and regulations shall become effective when approved by the city attorney and filed with the director of records.

 

Sec. 60-203. Construction Permit.

 

(a) Before commencing any work on the sewage treatment or sewage pumping facilities authorized under section 60-201, after the engineering reports, plans and specifications have been approved by the director of water services, the property owner or his agent or contractor shall obtain a construction permit from the director of water services.

 

(b) Before the issuance of such permit, which shall be in lieu of a building permit, the applicant shall pay an inspection fee amounting to two percent of the estimated cost of construction, but in no case shall the fee paid by the applicant be less than $25.00. The estimated cost of the construction shall be an estimate based on costs of similar construction, current at the time of application for the permit. This estimate of cost shall be subject to the approval by the director of water services. For industrial waste control plants not to be maintained by the city, the permit fee shall be limited to the cost of review of plans and specifications by the city.

 

 

Sec. 60-204. Bonds and insurance.

 

(a) In all cases where the estimated cost of the project authorized under section 60-201 shall exceed $300.00, the director of water services shall require the property owner or his agent to furnish a surety bond, otherwise known as performance bond, equal to the estimated cost of the work. The bond shall guarantee satisfactory performance and completion of the work to the satisfaction of the director of water services, within a time limit specified on such special permit; also, at this time, the permittee shall furnish a surety bond, otherwise known as a maintenance bond, equal to the estimated cost of the work, conditioned that the improvements shall be constructed of such materials and in such manner that the improvement shall endure, without need of repair, for one year after the final inspection of construction and acceptance of construction by the director of water services.

 

(b) The director of water services shall also require the permittee to file a bond conditioned to protect and save harmless the city from all claims for damage or injury or death, to other persons and property, by reason of such construction work, or in lieu of such bond the permittee may file with the city a public liability insurance policy with the city being named as the insured, indemnifying the city for such claims for damage or injury, the amount and sureties of the bond or insurance to be approved by the director of finance.

 

(c) All bonds or insurance forms are to be filed with the director of finance at the time the permit is issued.

 

Sec. 60-205. Construction standards; acceptance by city.

 

(a) All work of construction on facilities authorized under section 60-201 shall be in accordance with the approved engineering reports, plans and specifications, all applicable city standard specifications on file in the office of the director of water services, and all applicable provisions of the building code of the city. Also, all such work shall be done under the direction and supervision and to the satisfaction and acceptance of the director of water services. Acceptance of the completed facility by the director shall be made only after receipt of evidence that all bills for labor, materials and equipment have been paid, and as-built plans certified by a registered professional engineer have been delivered to the director of water services. Upon acceptance of the facility and conveyance of acceptable title to the city, the department of water services will maintain and operate the facility and collect sewer service charges in accordance with applicable city ordinances.

 

(b) The granting of this special permit and the construction of the sewage treatment or sewage pumping facility, and acceptance by the city of such facilities for maintenance and operation, shall not exempt the property served by it from being taxed for the construction of sewers in the districts or in the joint districts now or hereafter established in which any facility may be constructed, and the city shall not be bound by the construction to consider that the properties served by such facilities constitutes a separate sewer district, and the city shall have the right and power to assume ownership of, to make use of, and to construct, reconstruct or change the sewage pumping facilities in any manner or do any other things necessary for the proper sewering and treatment of sewage wastes from the area serviced by the facility authorized by the special permit.

 

(c) Nothing in this section shall be construed to mean that the property owner or his assigns shall be denied the right to use the sewage treatment or pumping facility up to the approved designed capacities as stipulated in the approval of plans and specifications by the director of water services.

 

 

Sec. 60-206. Refusal of building permit or sewer connection permit on determination of insufficient capacity.

 

The directors of codes administration or public works are hereby directed to refuse the issuance of building permits or sewer connection permits for any residence, building or structure where a determination has been made and evidenced in writing by the director of water services that such addition would result in exceeding the design capacities of the sewerage facilities of the city.

 

 

Sec. 60-207. Penalty for failure to obtain permit.

 

(a) Any person, whether owner, representative, contractor, subcontractor or foreman, who shall construct, repair, reconstruct or alter any sewage treatment facility or sewage pumping facility within any public way or on any private property without first securing a special permit therefor, issued by the director of water services, shall be deemed guilty of an ordinance violation, and upon conviction thereof shall be fined in a sum not less than $50.00 and not more than $500.00.

 

(b) For every day, after the conviction of any person for the violation or failure, neglect or refusal to comply with any provision, regulation or requirement of this section, that such violation is continued, such person shall be deemed and taken to be guilty of a separate and distinct offense, for which he may be again arrested, tried, convicted and punished as in the first instance.

 

 

Sec. 60-208. Repairs to house service lines.

 

(a) Authority. The director of water services is hereby authorized to replace and repair all that part of any broken or collapsed private house services line which lies within the confines of street or alley rights-of-way, or within sewer or utility easements under the control of the city for sewer purposes, provided that resources are available to accomplish this work without handicap or neglect to the maintenance and repair of public sewers. Repair of all that portion of house service lines lying outside the confines of streets, alleys or sewer easements shall remain the responsibility of the owner thereof.

 

(b) Emergency repairs. Repair of that part of a private house service line on public property may be accomplished by the city as soon as feasible without resort to emergency measures or undue interference with other maintenance and repair activities. If an owner or occupier of property deems that emergency repair is necessary and does not elect to await the repair as may be scheduled by the city, the repair shall be accomplished by a licensed plumber engaged by and at the expense of the owner or occupier of the property.

 

(c) Prerequisites for repair of house sewer lines by city. Replacement or repair may be accomplished by the city only when the property owner:

 

(1) Is not desirous of having replacement or repair accomplished by a licensed plumber at his own expense; and

 

(2) Provides a statement from a licensed plumber certifying that a broken or collapsed house service line does exist on a public right-of-way.

 

The certification shall give the approximate location of the break and efforts used by the plumber in attempting to determine the location of the break. House service lines broken by an agency of the city or by its contractors or by the contractors in private or public employment shall not be subject to repair under this section.

 

(d) Access to private property for repair of house service lines. The water services department shall not repair or cause to be repaired any house service line described in this section unless the owner or occupant of the property directly affected shall permit the city to have access to such property as may be necessary to determine the alignment of the house service line between the building or appurtenances and the public sewer, or to effect the repair in an efficient manner.

 

(e) Additional regulations for repair of house service lines. The director is hereby authorized to issue regulations to control the repair program authorized by this section, including but not specifically limited to regulations relating to materials, surface restoration, safety precautions, requirements for operation of owner or occupant, and compliance with building codes.

 

__________________________________________________________________

 

Approved as to form and legality:

 

 

 

 

_______________________________________

Assistant City Attorney