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Legislation #: 190167 Introduction Date: 2/21/2019
Type: Ordinance Effective Date: 5/1/2019
Sponsor: None
Title: Amending Chapter 78, Code of Ordinances, entitled “Water” by repealing Sections 78-6, 78-8, 78-10, 78-11, 78-15.1, 78-16, and 78-27 and enacting in lieu thereof new sections of like number and subject matter, that adjust charges for water service and impose a three percent payment in lieu of taxes upon the City Water Fund’s gross revenues derived from water services to the City’s residential and commercial customers to be paid to the General Fund and charged to residential and commercial customers; enacting a new Section 78-4.1 which establishes units of measurement for volume charges and allows for billing in portions thereof; and establishing an effective date.

Legislation History
DateMinutesDescription
2/21/2019 Filed by the Clerk's office
2/21/2019 Referred to Finance and Governance Committee
2/27/2019 Hold On Agenda (3/6/2019)
3/6/2019 Do Pass
3/7/2019 Assigned to Third Read Calendar
3/21/2019 Passed

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190167.pdf Authenticated 472K Authenticated
190167com.docx Compared Version 39K compared version
FY2020 Water Rate Fact Sheet 020419 FINAL.xlsx Fact Sheet 21K Water Rates - Fact Sheet
FY2020 Water Rate Fiscal Note 020419 FINAL-OMB.xlsx Fiscal Note 16K Fiscal Note

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ORDINANCE NO. 190167

 

Amending Chapter 78, Code of Ordinances, entitled “Water” by repealing Sections 78-6, 78-8, 78-10, 78-11, 78-15.1, 78-16, and 78-27 and enacting in lieu thereof new sections of like number and subject matter, that adjust charges for water service and impose a three percent payment in lieu of taxes upon the City Water Fund’s gross revenues derived from water services to the City’s residential and commercial customers to be paid to the General Fund and charged to residential and commercial customers; enacting a new Section 78-4.1 which establishes units of measurement for volume charges and allows for billing in portions thereof; and establishing an effective date.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 78 of the Code of Ordinances of Kansas City, Missouri, entitled Sewers and Sewage Disposal, is hereby amended by repealing Sections 78-6, 78-8, 78-10, 78-11, 78-15.1, 78-16 and 78-27 and enacting in lieu thereof new sections of like number and subject matter that adjust charges for water service and impose a three percent payment in lieu of taxes upon the City Water Fund’s gross revenues derived from water services to the City’s residential and commercial customers to be paid to the General Fund and charged to residential and commercial customers, and enacting a new Section 78-4.1 which establishes units of measurement for volume charges and allows for billing in portions thereof, to read as follows:

 

Sec 78-4.1. Units of Measure

 

The volume of water used shall be measured in CCF and may be billed in portions thereof.

 

Sec. 78-6. General meter rate.

 

For all water purchased for use wholly and exclusively within the city by any accountholder the general meter rate charge shall be the sum of the service charge and the commodity charge, and as prescribed in Section 78-11. The service charge and the commodity charge shall be determined as follows:

 

(1)  Service charge. The service charge is a charge per meter or service connection, to cover, in part, the cost of various services, and shall be prorated per day during the billing period and shall apply whether or not any water is used; the service charge shall be based on meter size and billing frequency as follows, unless otherwise provided herein:

 

Meter Size
(inches)

Billed Monthly

5/8

$14.38

¾

15.50

1

18.97

22.85

2

36.21

3

123.93

4

156.06

6

232.05

8

335.58

10

441.66

12

520.20

 

(2)   Commodity charge. The commodity charge shall be based on the total volume of water purchased by the accountholder as shown by all water meters connected to one or more water services serving a single property of the accountholder and shall be as follows per month for metered water:

 

a.                   Ordinary commodity charge.

 

First 600 cubic feet at $4.80 per 100 cubic feet, or a portion thereof;

 

Next 4,400 cubic feet at $5.33 per 100 cubic feet or a portion thereof;

 

Next 995,000 cubic feet at $4.56 per 100 cubic feet or a portion thereof;

 

Over 1,000,000 cubic feet at $3.16 per 100 cubic feet or a portion thereof.

 

b.   Seasonal off-peak commodity charges. For industrial customers with peak demand in the winter season:

 

All usage at $3.01 per 100 cubic feet or a portion thereof;

 

The director of water services is hereby authorized to promulgate regulations to be used for determining the applicability of this subsection.

 

(3)   Manual meter reading charges.

 

a.   The service charges set out in this chapter assume use of the city's automatic meter reading system. In cases where the automatic meter reading system could not be installed due to action or inaction on the accountholder's part, including lack of access to meter, improper meter setting, accountholder refusal, or other reasons, a charge of $19.38 for manual meter reading will be applied each time that a meter is attempted to be read manually.

 

b.   When manual meter reading registers no water use for a period of 12 consecutive months, the water services department may cease monthly meter reading and begin reading the meter every six months. At that time, it will no longer charge the separate manual meter reading fee; however, a service charge of $77.66 for the six-month read period shall apply.

 

(4)   Definitions (as used in this section).

 

a.   Residential account shall refer to all one- and two-family dwelling water service accounts.

 

b.   Commercial and industrial accounts shall refer to all water service accounts other than one- and two-family dwellings.

 

c.   Month and monthly shall refer to a time period of approximately 30 days.

 

d.   Accountholder shall refer to any owner or occupant of real property, or any customer or consumer of water services.

 

Sec. 78-8. Fire protection rates.

 

(a) The rate for an unmetered water service connection to hydrants, hose connection or sprinkling systems purchased and used solely and exclusively for fire protection purposes, including all water used for fire protection shall be as set out in the chart below.

 

Size of Connection

Rate Per Annum

4-inch and less

$118.32

6-inch

347.82

8-inch

740.52

10-inch

1,332.12

12-inch

2,152.20

16-inch

4,585.92

 

(b) The size, location and arrangement of any fire protection services are subject to the approval of the director of the water services department.

 

(c) All meters, valves and hydrants controlling or in connection with such fire protection services shall be sealed by the water services department. A fee of $205.00 shall be charged for each meter, valve or hydrant requiring resealing in the absence of evidence that the meter, valve or hydrant seal was broken in operation against a fire or in operations pursuant to system testing by a fire underwriting agency and properly certified by such testing agency.

 

(d) Direct connections between the fire protection and drain piping on all premises are not permitted, and drawings which show the location of all fire protection piping may be required by the water services department. The repeated, unauthorized breakage of seals on any premises may be taken as evidence that water is being used without authorization; and in such case the water services department may require the installation of a meter designed for fire protection and in addition to other charges set out above also assess charges therefore in accordance with section 78-6.

 

(e) Fire protection services shall be billed to the owner of record of the real property.

 

Sec. 78-10. Suburban meter rate.

 

(a) For any and all water purchased wholly or partially for use outside the city by any accountholder, a total charge consisting of a service charge, a commodity charge, a re-pumping charge where applicable, shall be computed for each billing period and shall be as follows:

 

(1)               Service charge. A service charge, prorated per day during the billing period based on meter size, with such charge to be applied whether or not any water is used, shall be charged as follows;

 

Meter Size
(inches)

Billed Monthly

5/8

$15.55

¾

16.67

1

20.40

25.35

2

38.99

3

123.22

4

156.55

6

231.80

8

332.29

10

446.42

12

524.19

 

The service charges as established in this subsection may be superseded by any contract between the city and any other public water supply which provides for an interchange agreement.

 

(b) Commodity charge. A commodity charge per month, based on the total volume of water purchased by the accountholder as shown by all water meters connected to one or more water systems serving the accountholder's premises, shall be charged as follows:

 

(1)               Retail customers. For accountholders purchasing water for use wholly by the accountholder:

 

First 5,000 cubic feet at $5.10 per 100 cubic feet or a portion thereof;

 

Over 5,000 cubic feet at $4.09 per 100 cubic feet or a portion thereof.

 

(2)               Wholesale customers. For accountholders purchasing water for resale:

 

Unrestricted: $2.35 per hundred cubic feet or a portion thereof;

 

Restricted: $2.27 per hundred cubic feet or a portion thereof;

 

Wholesale customers shall be classified as restricted or unrestricted based on water supply contract terms between the city and other contracting entity.

 

(c) Repumping charge. A repumping charge based on the quantity of purchased water repumped shall be charged to wholesale suburban customers only as follows:

 

(1)               From the pumping station at 75th and Holmes Street; from the pumping station at Highway AA near the Village of Waukomis in Platte County, Missouri; from the Blue Ridge Pumping Station at 67th Street and Blue Ridge Boulevard; from the pumping station at Englewood Road and North Oak Trafficway; from Arrowhead Pumping Station at NE 75th and Arrowhead Trafficway, and from the South Terminal Pump Station at Ward Road and Persells, per 100 cubic feet, $0.20 or a portion thereof.

 

(2)               From the pumping station at 131st Street and Prospect Avenue; from the High Grove Road Pumping Station, and from the Platte County Booster Pump Station at Camden Point Highway E and Interurban Road, per 100 cubic feet, $0.28 or a portion thereof.

 

(d) Definition. The term "month" or "monthly," as used in this section shall refer to a time period of approximately 30 days.

 

(e) Applicability. Rates set forth in this section may not be applicable where such rates are established by existing or future contracts.

 

Sec. 78-11. Payments in lieu of taxes.

 

Pursuant to section 1209 of the City Charter, the water services department shall be assessed and required to make a payment in lieu of taxes to the general fund equal to three percent of the water fund's gross revenues derived from providing water services to the city's residential and commercial customers. Such payment in lieu of taxes shall be considered part of the cost of water services and shall be charged to the city's residential and commercial customers as a charge equal to three percent of the general meter rate, the fire protection rate and the temporary service rate.

 

Sec. 78-15.1. Property owner liability for water and sewer services; delinquent

charges; liens.

 

(a) Water and sanitary sewer services shall be deemed to be furnished to both the occupant and the owner of the premises receiving either or both of such services.

 

(b) Any delinquent charges shall be chargeable against any deposit held by the water services department for service to such premise.

 

(c) Any charges for metered water service pursuant to this chapter, for sanitary sewer service pursuant to chapter 60 or for stormwater fee pursuant to chapter 61, shall, if not paid by the due date, become delinquent and shall bear interest from the date of delinquency until paid. To the extent authorized by State statute, delinquent charges for water services or sanitary sewer services shall be a lien upon the land so charged for such service, services or fee, upon the filing of a notice of delinquency with the recorder of deeds in the county where the land is situated. The lien hereby created may be enforced by suit or foreclosure.

 

(d) The director of water services is authorized to file, on behalf of the city, the notice of delinquency as provided in subsection (c) of this section, subject to the following limitations:

 

(1)               For one- and two-family residences, if the account is three or more months delinquent or the total amount of such delinquency is $500.00 or more.

 

(2)               For all other service classifications, if the account is three or more months delinquent, or the total amount of such delinquency is $1,000.00 or more.

 

(3)  The limitations provided by this subsection shall not prohibit the director of water services, or the council, from pursuing other remedies provided by statute or ordinance.

 

(e) Upon the written request of any owner whose land has become subject to a lien as provided in subsection (c) of this section, within 30 days of the filing of such lien, the director of the water services department shall hold a hearing to ascertain all facts in the matter. The owner requesting such hearing shall be entitled to all rights applicable to a contested case under state administrative review and procedure law. The director shall prepare written findings and conclusions determining whether the amount of the charges was properly computed, whether such charges were delinquent, or whether the lien should be removed or released for any factual or legal reason. If, after hearing, the director finds and concludes that the lien should be removed or released, the director shall take any necessary action to remove or release the lien from the property. The owner of such land must pay in advance a $75.00 fee, to cover in part the cost of hearing the case, and preparing the written response. If upon finding that the lien should be removed or released the fee should be returned or refunded to the property owner requesting the hearing.

 

Sec. 78-16. Charges for termination and restoration of service.

 

(a) The following charges shall be made for the termination of service after failure to pay for water or sanitary sewer service, after failure to have the meter readily accessible for reading on the regularly scheduled route on more than two successive occasions, after receipt of an accountholder request for termination, or for any of the grounds set forth in section 78-30.

 

(1)               For processing the first termination of service order, the accountholder will be charged $60.00.

 

(2)               When the service was not established as authorized by the Code of Ordinances, the accountholder shall be charged $180.00 for processing the termination of service order, costs associated with failure to properly establish service, and a penalty.

 

(3)               When the service is found to be restored, but not by the water services department, the accountholder shall be charged $180.00 for processing the termination of service order, costs associated with failure to properly establish service, and a penalty. For processing each subsequent termination of service when the service has been restored but not by the water services department, the accountholder shall be charged $500.00.

 

(4)               The term "termination of service" shall not be construed to mean an immediate transfer of service from one accountholder to a subsequent accountholder or service disconnection.

 

(5)               For processing a restoration of service order, the accountholder will be charged $60.00.

 

(b) Upon finding that water service, sanitary sewer service or combined water and sanitary sewer service has been established for a location in a manner not authorized by this Code of Ordinances, the director of water services is authorized to take appropriate action, including removal of taps to the water or sewer main or otherwise rendering the service line inoperable, to ensure termination of service. In addition to any permit, tap, or other charges restoration of terminated service after the water services department has removed a meter or a tap to the main shall be $610.00, but may be waived by the director of the water services department.

 

Sec. 78-27. Sealing of water meters.

 

Water meters, when set, will be sealed in position and against access to the dials or mechanism. These seals shall be broken only by employees of the water services department in the proper exercise of their duties or by a licensed master plumber as defined in the building code. A charge of $205.00 shall be made for the replacement on any meter of a seal that has been broken in any other manner.

 

Section 2. This ordinance shall become effective on May 1, 2019

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Charlotte Ferns

Assistant City Attorney