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Legislation #: 100199 Introduction Date: 3/4/2010
Type: Ordinance Effective Date: 5/1/2010
Sponsor: None
Title: Amending Chapter 60, Code of Ordinances, entitled “Sewers and Sewage Disposal”, by repealing Sections 60-2, 60-3 and 60-191, and enacting in lieu thereof new sections of like number and subject matter which adjusts sewer rates and new Sections 60-47, 60-48, 60-49, 60-50, and 60-51 regarding the special assessment collection process; and establishing an effective date.

Legislation History
DateMinutesDescription
3/4/2010 Filed by the Clerk's office
3/4/2010 Referred to Finance and Audit Committee
3/10/2010 Hold On Agenda (3/12/2010)
3/12/2010 Do Pass as a Committee Substitute
3/25/2010 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 100199

 

Amending Chapter 60, Code of Ordinances, entitled “Sewers and Sewage Disposal”, by repealing Sections 60-2, 60-3 and 60-191, and enacting in lieu thereof new sections of like number and subject matter which adjusts sewer rates and new Sections 60-47, 60-48, 60-49, 60-50, and 60-51 regarding the special assessment collection process; and establishing an effective date.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 60, Code of Ordinances of the City of Kansas City, Missouri, entitled “Sewers and Sewage Disposal”, is hereby amended by repealing Sections 60-2, 60-3 and 60-191, and enacting in lieu thereof new sections 60-2, 60-3, 60-47, 60-48, 60-49, 60-50, 60-51, and 60-191, to read as follows:

 

Section 60-2. Sewer charges for resident users.

 

There are hereby levied charges against every person, firm, partnership, corporation and association within the city limits having an actual or available connection with the city’s sanitary sewer system, or otherwise discharging sewage, industrial waste, water or other liquid into the system. All charges billed monthly or bi-monthly shall be prorated per day during the billing period. Such charges are to be the sum of charges for service, volume and high concentration charges to be computed and levied as follows:

 

(1) Service Charges.

 

a. Sanitary sewer. A service charge of $9.90 where bills are rendered monthly and $13.65 where bills are rendered bimonthly to defray in part the cost of billing, collecting, accounting services and readiness to serve the customer, and shall be prorated per day during the billing period and shall apply whether or not any sewage or wastes are actually discharged to the city sewer during the billing period; such charges are to be made each and every month where a monthly billing is involved or each and every bimonthly period where bimonthly billings are involved

 

b. Wastewater discharge permits. Commercial and industrial users shall pay for the cost of the wastewater discharge permitting program as described and authorized in article IV of this chapter. Permit application fees, permit maintenance fees and other miscellaneous charges as authorized in article IV of this chapter shall be billed and collected with the commercial or industrial users’ normal water and/or sewer billing charges.

 

(2) Volume Charges. A volume charge of $2.62 per 100 cubic feet based upon the total volume of water purchased by the customer during the billing period subject to the following adjustments:

 

a. Water supplied from separate source. Where water is supplied by a separate and independent source, the sewage volume charge shall be based upon the volume of water used and computed at the volume charge established herein.

 

b. Residential accounts. Except as noted in (2)(a), residential service account (one- and two-family residences) volume charges for the bills generated during the months of May through December shall be based upon water used during the winter period, such winter period being the bills generated during January through April, (these are the billing periods that most closely correspond to the December through March usage); such charges shall be payable with each bill rendered throughout the year. Where residential water services accounts do not have an acceptable history of winter water use, the volume charge for bills generated during the months of May through December shall be the volume charge established herein, or $19.70 per month, whichever is the lesser.

 

c. Commercial and industrial water accounts with diverted water uses. Commercial and industrial water accounts are all water service accounts other than one- and two-family dwellings. Diverted water uses are those where a significant portion of the water purchased is used in manufactured products such as ice, canned goods or beverages and the product is transported in containers away from the premises or where the water purchased is lost by evaporation or irrigation. The Director of the Water Services Department shall make these determinations of fact, and shall have authority to adjust the sewer use volume billed on the basis of the facts ascertained. There is an application fee of $250.00 for site review, plan review and installation inspection.

 

d. Accounts without an actual connection. Volume charges shall not be imposed upon a customer who does not have an actual connection with the City’s sanitary sewer system and who does not otherwise discharge sewage, industrial waste, water or other liquid into the sanitary sewer system.

 

(3) Commercial and industrial water accounts with high concentration discharges. Commercial and industrial water accounts shall include all water service accounts other than one- and two-family dwellings. High concentration discharges are those in which the BOD (biochemical oxygen demand), SS (suspended solids), and/or O&G (oil and grease) concentrations are in excess of the maximum concentration of these components in normal sewage as defined in Article IV of this chapter. In addition to other sewer service and volume charges, a surcharge, as established by the formulae defined and set forth in Article IV of this chapter, shall be levied on high concentration discharges received from any customer under this section.

 

For surcharge rate formulae calculation purposes, the following rates are hereby established:

 

RB (surcharge per pound of excess BOD) = $0.259

RS (surcharge per pound of excess SS) = $0.158

RG (surcharge per pound of excess O&G) = $0.114

 

The Director of Water Services is hereby authorized to promulgate regulations to develop various groups and classes to facilitate the equitable distribution of surcharge fees among like groups of customers.

 

(4) Definition. Month or monthly, as used in this section, shall refer to a time period of 30 days.

 

Section 60-3. Sewer charges for nonresident users.

 

(a) There are hereby levied charges against every person, firm, partnership, corporation and association outside the city limits having a connection with the sanitary sewer system of the city or otherwise discharging sewage, industrial waste, water or other liquids into the city sewer system.

 

All charges billed monthly or bimonthly shall be prorated per day during the billing period. Such charges are to be the sum of service charges and volume charges to be computed and levied as follows:

 

(1) Metered connections with municipalities and political subdivisions. Bulk flows through a metered interconnection with a municipality or political subdivision shall be charged and pay a rate of $1.78 per 100 cubic feet (ccf), with no service charges.

 

(2) Unmetered connections with municipalities and political subdivisions. Bulk flows through an unmetered interconnection with a municipality or political subdivision shall be charged and pay a rate of $2.46 per 100 cubic feet (ccf) of actual water consumption for all residential, commercial and industrial customers and service charges for each such customer of $9.90 if bills are rendered monthly or $13.10 if bills are rendered bimonthly.

 

(3) Unmetered connections with municipalities and political subdivisions; no water consumption records. Where actual water consumption records are not available, bulk flows from a municipality or political subdivision through an unmetered interconnection shall pay a sewer charge of $25.20per month per dwelling unit or equivalent dwelling unit.

 

(4) Individual customers billed directly by the city. Individual customers billed directly by the city shall pay a service charge of $12.30 if the bill is rendered monthly or a service charge of $19.90 if the bill is rendered bimonthly, plus a volume charge of $2.94 per 100 cubic feet (ccf).

 

(5) Accounts with high concentration discharges. High concentration discharges are those in which the BOD (biochemical oxygen demand), SS (suspended solids), and/or O&G (oil and grease) concentrations are in excess of the maximum concentration of these components in normal sewage as defined in Article IV of the chapter. In addition to other sewer service and volume charges, a surcharge, as established by the formulae defined and set forth in Article IV of this chapter, shall be levied on high concentration discharges received from any customer under this section.

 

For surcharge rate formulae calculation purposes, the following rates are hereby established:

 

RB (surcharge per pound of excess BOD) = $0.293

RS (surcharge per pound of excess SS) = $0.179

RG (surcharge per pound of excess O&G) = $0.116

 

The Director is hereby authorized to develop various groups and classes to facilitate the equitable distribution of surcharge fees among like groups of customers.

 

(b) Definition. Month or monthly, as used in this section shall refer to a time period of 30 days.

 

(c) Applicability. This section may not be applicable where arrangements for sewer service and sewer service charges are established by an existing or future contract or cooperative agreement.

 

Sec. 60-47.  Preparation of assessment roll.

 

After the director of the water services department computes the applicable cost, the director shall submit to the finance department the apportionment of the cost of the project as provided for in sections 60-44, 60-45, and 60-46. The finance department shall prepare a roll of all lots or parcels of real estate to be so assessed, containing the name and mailing address of the owner of each such lot or parcel, and a special tax statement for each such lot or parcel.


Sec. 60-48.  Assessment notice.

 

After the assessment roll and tax statements provided for in section 60-47 have been certified by the director of the water services department and delivered to the finance department, a copy of the tax statement will be mailed by the finance department to each person whose name appears on such roll.

 


Sec. 60-49.  Payment of assessments; interest.

 

Full or partial payment of assessments under this article may be made without interest during a 60-day period commencing with the date of issue of such statement. The remaining principal will be spread over a payment period not to exceed ten years, or such period of time as may be established in the ordinance approving the project. The first annual installment will be due June 30 following the date of the statement, except that, if the date of certification is between April 29 and July 1, the date of the first installment shall be June 30 of the following year. Subsequent installments will be due on June 30 of each year. Any special assessment not paid in full before the expiration of 60 days from the date of the statement shall bear interest, from the date of said statement, at a rate per annum equal to the rate on ten-year United States treasury notes as established at the last auction before the assessment is certified to the director of finance. If any installment is not paid when due then all of the remaining installments shall become immediately due and payable and bear interest at a rate per annum two percent higher than the interest rate on assessments which are not delinquent, from the date to which interest has already been paid on said installments, or, if no installment has been paid, from the date of the statement. Full payment of the total assessment, principal and interest, for each respective lot, tract, or parcel must be made prior to any ownership split or subdivision of said lot, tract, or parcel. All moneys received from this source shall be credited to the sewer fund.


Sec. 60-50.  Assessment to constitute lien on property; collection of delinquent

assessments.

 

An assessment under this article shall constitute a lien upon the real estate, and when delinquent, shall be subject to collection in the same manner as provided for other public improvement special assessment projects under state law, the City Charter, and the Code of Ordinances.


Sec. 60-51.  Connection with sewer main not permitted for property for which

assessments are delinquent.

 

No connection shall be permitted with any sewer main or appurtenances constructed pursuant to the provisions of this article if, at the time, there is outstanding a delinquent assessment for such sewer main improvement against the real estate to be served by such connection.

 

Section 60-191. Permit fees and monitoring fees.

 

(a) All permittees are responsible for defraying the costs of administering the permitting program.

 

(b)   Permit application review fees are applicable and are normally due at the time of the permit application. Permit application review fees shall normally be billed at the same time as the water bill and the normal sewer service charge unless otherwise approved by the Director.

 

(c)    Permit maintenance fees have been calculated to include a portion of the average costs of sampling and analysis for each Class of permit as well as the costs of compliance inspections, report reviews, data analyses, permit modifications, correspondence and other routine permit maintenance activities. Permit Maintenance fees are payable on a monthly/bimonthly basis and shall normally be billed at the same time as the water bill and the normal sewer service charge unless otherwise approved by the Director.

 

(d)   If additional sampling and analyses are required by enforcement circumstances, sample collection shall be billed at the rate of $250.00 per occurrence (day) and sample analyses shall be billed at cost as determined by the current City laboratory analyses fee schedule. Enforcement sampling and testing charges shall normally be billed at the same time as the water bill and the normal sewer service charge unless otherwise approved by the Director.

 

(e)    A Wastewater Discharge permit shall be issued/reissued only after payment of applicable fees. Permit fees are non-refundable. The following fees are applicable:

 

Permit Monthly

Application Permit

Review Maintenance

 

Permit Class Fee Fee (note 1)

 

1. Temporary (<1 yr)

a.<35,000 $ 120.00 $ 310.00

b. <35,000 to <75,000 gal. $ 160.00 $ 700.00

c. >75,000 gal. $ 198.00 $ 930.00

 

2. Special Wastes Only

a. Radioactive, Medical $ 198.00 $ 55.00

 

3. Waste Treatment Facilities

a. <30,000 gal/mo $ 282.00 $ 110.00

b. >30,000 gal/mo $ 360.00 $ 220.00

 

4. Groundwater Remediation Projects

a. <120,000 gal/yr $ 120.00 $ 110.00

b. >120,000 gal/yr $ 198.00 $ 164.00

 

5. Categorical Facilities

a. <1,000 gpd $ 120.00 $ 55.00

b. 1000 to <10,000 gpd $ 198.00 $ 110.00

c. 10000 to <25000 gpd $ 282.00 $ 164.00

d. >25,000 gpd $ 360.00 $ 220.00

 


6. Non-categorical Large Water Users

a. <50,000 gpd $ 120.00 $ 110.00

b. >50000 to <250,000 gpd $ 198.00 $ 164.00

c. >250,000 gpd $ 240.00 $ 220.00

 

7. Other

a. BOD, SS, &/or O&G $ 198.00 $ 110.00

b. Other $ 198.00 $ 110.00

 

Note 1.

Permit maintenance fees will be subject to a 200% Surcharge for a period of twelve consecutive months following a determination of significant non compliance (SNC) as defined in Section 60-181.

 

Permit maintenance fees will be subject to a 40% discount after a period of twelve consecutive months with no "notice of violation" (NOV) non-compliance determinations. This discount will be rescinded immediately upon issuance of any NOV.

 

Section 2. This ordinance shall become effective on May 1, 2010.

 

_____________________________________________

 

Approved as to form and legality:

 

 

_____________________________

Cecilia O’Connor Abbott

Assistant City Attorney