ORDINANCE NO. 120206

 

Amending Chapter 78 of the Code of Ordinances of Kansas City entitled “Water” by repealing Sections 78-6, 78-8, 78-9, 78-10, 78-20, 78-27, 78-28, and 78-96 and enacting in lieu thereof new sections of like number and subject matter adjusting charges for water service, including water main extensions, and changing the charge mechanism for termination of service with cause; 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 Water, is hereby amended by repealing Sections 78-6, 78-8, 78-9, 78-10, 78-20, 78-27, 78-28, and 78-96 and enacting in lieu thereof new sections of like subject matter, to read as follows:

Sec. 78-6. General meter rate.

For all water purchased for use wholly and exclusively within the City by any accountholder the total charge shall be the sum of the service charge and the commodity charge as follows:

(a) Service charge. The service charge is a charge per meter or service connection, to cover, in part, the cost of meter reading, meter maintenance, 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 water is used; the service charge shall be based on meter size and billing frequency as follows:

METER SIZE	BILLED MONTHLY
(INCHES)
5/8	$ 10.85
¾	11.70
1	14.30
1-1/2	17.80
2	27.40
3	93.50
4	118.00
6	176.00
8	254.00
10	333.00
12	393.00

(b) 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 systems serving contiguous properties of the accountholder, where such properties are managed as a single enterprise that is not separated by a public thoroughfare, and shall be as follows per month for metered water:

(1) Ordinary commodity charge.

First 600 cubic feet at $3.67 per 100 cubic feet

Next 4,400 cubic feet at $4.08 per 100 cubic feet

Next 995,000 cubic feet at $3.19 per 100 cubic feet

Over 1,000,000 cubic feet at $2.25 per 100 cubic feet

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

All usage at $2.34 per 100 cubic feet;

The Director of Water Services is hereby authorized to promulgate regulations to be used for determining the applicability of this subsection.

(c) Manual meter reading charge - The service charges are based on 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 $16.00 for manual meter reading will be applied each time that a meter has to be read.

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

(1) Residential accountholders shall refer to all one- and two-family dwelling water service accounts

(2) Commercial and industrial customers shall refer to all water service accounts other than one- and two-family dwellings.

(3) Month or Monthly shall refer to a time period of 30 days.

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 follows:

Size of Connection	Rate Per Annum
4-inch and less	$ 91.00
6-inch	268.00
8-inch	572.00
10-inch.	1028.00
12-inch	1662.00
16-inch.	3541.00

(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 $150.00 shall be charged for each meter, valve or hydrants 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 to 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 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. 78-9. Temporary service rate.

There shall be a temporary service rate for unmetered water for temporary purposes as follows:

(1) Swimming pools. The service fee for filling swimming pools shall be $425.00 plus payment of the commodity charge for the water used to fill the pool. In addition, a deposit shall be required for the hydrant meter assembly.

(2) Other temporary purposes. For water purchased and delivered through a metered service or connection or fire hydrant for other purposes of a temporary nature, the charges therefore and the manner in which the service is to be rendered shall be prescribed for each service contract by the director of the water services department. Such charges shall conform generally to the cost of water as fixed by the applicable meter rate, plus the cost of any labor or materials required to render the temporary service.

Sec. 78-10. Suburban meter rate.

(a) For any and all water purchased wholly or partially for use outside the City by any customer, 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	BILLED MONTHLY
(INCHES)
5/8	$ 12.10
3/4	13.05
1	15.95
1-1/2	19.80
2	30.40
3	96.00
4	121.50
6	181.00
8	260.00
10	348.00
12	409.00

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 customer as shown by all water meters connected to one or more water systems serving the customer’s premises, shall be charged as follows:

(1) Retail Customers. For customers purchasing water for use wholly by the customer:

First 5,000 cubic feet at $3.45 per 100 cubic feet

Over 5,000 cubic feet at $3.07 per 100 cubic feet

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

Unrestricted $1.95 per hundred cubic feet

Restricted $1.89 per hundred cubic feet

Wholesale Customers shall be classified as restricted or unrestricted based on water supply contract terms between the City and any other public water supply.

(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, $0.18.

(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, $0.25.

(d) Definition. The term Month or Monthly, as used in this section shall refer to a time period of 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. 78-20. Bill payment guarantees.

(a)    Required amount. The director of the water services department is authorized and directed to require each accountholder, before taking water under the general meter rate, the suburban water rate (except as provided for in water purchase contracts) and the fire protection rate, to make a cash deposit against which the water services department may charge any unpaid bills for the following: water service; meter, hydrant or valve resealing; termination of service; meter repair; sanitary and stormwater sewer service; or other authorized charges. For customers estimated to use less than 1,000 cubic feet per month, the deposit shall be $70.00. For customers estimated to use more than 1,000 cubic feet per month, the deposit shall be not less than the estimated cost of water and sewer service for two billing periods. Either interest shall be paid on cash deposits as required by state statute or deposits held by the director of the water services department shall be refunded after two years.

(b) Additional deposit. An additional deposit above the amount required by subsection (a) of this section, not to exceed the estimated cost of four months' water, sanitary and stormwater sewer service, may be required by the director of the water services department for any customer whose account reflects a history of repeated delinquencies. Failure to provide the additional deposit authorized in this subsection shall constitute grounds for discontinuance of water service.

(c) Refund; waiver of deposit. All bill payment guarantees taken shall be held for at least two years or until the account is terminated. The director of the water services department may waive deposits on additional accounts for an existing accountholder with known good credit. In cases where an accountholder has multiple properties or is between tenants, the deposit may be waived when the accountholder credit rating is good.

(d) Transfer of service. When an accountholder transfers service from one location to another, the director of the water services department may waive any additional deposit.

(e) Termination of service. When a contract for water service is terminated, the director of the water services department shall apply the deposit against any unpaid bills associated with the contract, and shall refund the remainder of the deposit, if the amount is $10.00 or above, to the depositor. Refunds in an amount under $10.00 will be made only upon written request of the customer.

(f) Bond in lieu of cash deposit. In lieu of a cash deposit, the director of water services department may accept, as a bill payment guarantee, a corporate surety bond by a surety company authorized to do business in the state, in the amount of the deposit required but not less than $1,000.00. Such surety bond shall be subject to the approvals of the city attorney as to form and legality; of the director of the water services department as to the amount, terms and conditions of the bond; and of the director of finance as to the qualifications of the surety. The surety bond shall be filed with and kept by the director of the water services department.

(g) Commercial accounts. In addition to any bill payment guarantee, all commercial accounts shall enter into and execute a contract for service, on a form provided by the water services department, specifying the parties responsible for payment. These parties shall remain responsible for all water used until notification is received in writing of the date service is to be terminated.

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 $165.00 shall be made for the replacement on any meter of a seal that has been broken in any other manner.

Sec. 78-28. Price schedules; permits for work on water service.

(a) Price schedules. That director of the water services department is hereby empowered and directed to prepare and maintain a schedule of prices governing the connection charge, sale, removal, test, repair and replacement of water meters; sale and operation of fire hydrants; and tapping charges. A copy shall be available for public inspection at the water services department director's office at any reasonable time.

(b) Permit required for installation or maintenance of services. Water services shall not be installed or maintained except by permit issued by the water services department on the basis of an application for such permit made by the owner of the premises or his authorized agent as provided under sections 78-21 and 78-22.

(c) Types of permit; permit fee. The director is hereby authorized to issue the following kinds of permits and to charge $82.50 per each such permit, where:

(1) Taps are to be made and new services are to be installed.

(2) An existing service is to be altered, extended, renewed or repaired from the first valve to the building improvement or fixtures, or appurtenances added thereto or detached therefrom.

(3) An existing service is to be abandoned and replaced with a single larger service that requires a larger tap.

(4) An existing service is disconnected at the main or is otherwise abandoned.

(d) Duplicate permits. Whenever the original permit is lost, a duplicate permit must be secured. A charge of $10.00 will be made for the issuance of a duplicate permit.

(e) Permit controls. Water service permits shall be issued and controlled in accordance with water services department rules and regulations.

(f) Plan review. The director is hereby authorized to establish the following fees and charges for water service plan reviews:

(1) A fee of $100.00 for water service plan reviews involving no more than ten service connections.

(2) For water service plan reviews involving more than ten service connections, an additional charge of $11.00 for each connection greater than the ten connections included in the charge referenced in subsection (f)(1).

(3) A charge of $60.00 if plans are rejected and must be resubmitted for review due to deficiencies in the original plan.

DIVISION 2. EXTENSIONS

Sec. 78-96. Preparation of plans by water services department.

If, because of special circumstances, the main extension should be designed by the water services department rather than by the applicant's engineer as provided in section 78-95, the applicant for the water main extension shall pay the water services department, at the time of making application, a sum equal to five percent of the estimated total cost of the water main extension, as determined by a preliminary study by the director of the water services department; provided, however, the minimum amount to be paid shall be the sum of $2750.00, this amount to be a nonrefundable charge to the applicant to cover the cost of design. After the plans and specifications for any water main extension have been prepared by the water services department, the applicant for such extension shall enter into a contract for the construction of such extension and shall pay an additional fee to the city in the amount of 15 percent of the estimated cost of the water main extension, less the amount paid with the application. This additional fee shall be a nonrefundable charge covering the engineering, design, inspection of construction, flushing, and other overhead costs of the city.

Section 2. This ordinance shall become effective on May 1, 2012.

_____________________________________________

 

Approved as to form and legality:

 

 

______________________________

Charlotte Ferns

Assistant City Attorney