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Legislation #: 990244 Introduction Date: 3/4/1999
Type: Ordinance Effective Date: 4/4/1999
Sponsor: None
Title: Amending Article I, Section 78 of the Code of Ordinances of Kansas City entitled "Water" by repealing Sections 78-6, 78-8, 78-10, 78-13, 78-14, 78-15, 78-15.1, 78-16, 78-27, 78-28 and 78-31; and enacting in lieu thereof new sections of like number and subject matter adjusting charges for water service.

Legislation History
DateMinutesDescription
3/4/1999

Prepare to Introduce

3/4/1999

Referred Finance & Administration Committee

3/10/1999

Hold On Agenda

3/17/1999

Do Pass as a Committee Substitute

3/18/1999

Assigned to Third Read Calendar

3/25/1999

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 990244

 

Amending Article I, Section 78 of the Code of Ordinances of Kansas City entitled Water by repealing Sections 78-6, 78-8, 78-10, 78-13, 78-14, 78-15, 78-15.1, 78-16, 78-27, 78-28 and 78-31; and enacting in lieu thereof new sections of like number and subject matter adjusting charges for water service.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Article I, Section 78 of the Code of Ordinances of Kansas City, Missouri, entitled Water, is hereby amended by repealing Sections 78-6, 78-8, 78-10, 78-13, 78-14, 78-15, 78-15.1, 78-16, 78-27, 78-28 and 78-31; and enacting in lieu thereof new sections of like number and subject increasing charges for water service, said sections to read as follows:

 

Section 78-6. General meter rate.

 

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

 

(1) Service charge. The service charge is a charge per meter 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 BILLED

(INCHES) MONTHLY BI-MONTHLY

 

5/8 . . . . . . . . . . . . . . $ 9.60 $ 13.10

3/4 . . . . . . . . . . . . . . 9.90 14.40

1 . . . . . . . . . . . . . . . . 12.60 18.00

1-1/2. . . . . . . . . . . . . . 18.60 30.30

2 . . . . . . . . . . . . . . . . 24.30 41.70

3 . . . . . . . . . . . . . . . . 31.20 54.60

4 . . . . . . . . . . . . . . . . 49.20 93.30

6 . . . . . . . . . . . . . . . . 78.00 155.10

8 . . . . . . . . . . . . . . . . 132.90 261.30

10. . . . . . . . . . . . . . . . 189.60 373.80

 

(2) Commodity charge. The commodity charge shall be 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 contiguous properties of the customer, 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:

 

 


a. Ordinary commodity charge.

 

First 600 cubic feet at $1.47 per 100 cubic feet

Next 4,400 cubic feet at $1.63 per 100 cubic feet

Next 995,000 cubic feet at $1.26 per 100 cubic feet

Over 1,000,000 cubic feet at $1.06 per 100 cubic feet

 

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

 

All usage at $1.06 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.

 

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

 

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

 

b. Month or Monthly shall refer to a time period of 30 days.

 

c. Winter period shall refer to the billing periods most closely corresponding to the months of December through March.

 

Section 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 . . . . . . . . $ 51.00

6-inch. . . . . . . . . . . . . . . . 106.00

8-inch. . . . . . . . . . . . . . . . 184.00

10-inch . . . . . . . . . . . . . . . 284.00

12-inch . . . . . . . . . . . . . . . 406.00

16-inch . . . . . . . . . . . . . . . 717.00

 

(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 twenty five dollars ($25.00) 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.

 

Section 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 repumping charge where applicable, and a noncontract 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 BILLED BI-MONTHLY

(INCHES)

5/8 $ 10.20 $ 13.50

3/4 10.50 15.00

1 12.90 18.30

1-1/2 18.90 30.60

2 24.60 42.00

3 31.50 56.10

4 49.50 93.90

6 78.90 157.80

8 134.10 252.80

10 190.20 374.40

 

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.

 

(2) 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 customers premises, shall be charged as follows:

 

a. Retail Customers. For customers purchasing water for use wholly by the customer:

 

First 600 cubic feet at $1.61 per 100 cubic feet

Next 4,400 cubic feet at $1.63 per 100 cubic feet

Over 5,000 cubic feet at $1.23 per 100 cubic feet

 

b. Wholesale Customers: For customer purchasing water for resale:

 

Unrestricted $1.03 per hundred cubic feet

Restricted $1.01 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.

 

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

 

a. 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 Extension; from the pumping station at Englewood Road and North Oak Trafficway; and from Arrowhead Pumping Station at NE 75th and Arrowhead Trafficway, per 100 cubic feet, $0.15.

 

b. From the pumping station at 131st Street and Prospect Avenue; and from the High Grove Road Pumping Station, per 100 cubic feet, $0.26.

 

(4) Noncontract charge. A noncontract charge shall apply to those customers or areas that do not have a contract for service with the city or whose contract has expired. The noncontract rates shall be the suburban meter rate as computed under subsections (1), (2) and (3) of this section, multiplied by 1.1

 

(b) Definition.

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

 

(c) Applicability. That rates set forth in this section may not be applicable where such rates are established by existing or future contracts approved by the city council.

 

Sec. 78-13. Inclusion of sewer service charges on water bill.

 

All charges for sanitary sewer service shall be included on the water bill. Stormwater fee charges may be included on the water bill, or may be billed separately. The delinquent date for sanitary sewer service and stormwater fee charges shall be the same as for the water bill.

 

Sec. 78-14. Penalty for delinquent metered water bills.

 

A penalty in the amount of $0.50, or five percent of the amount of the delinquent bill, whichever is greater, shall be applied to all metered water service bills remaining unpaid after the delinquent date. The penalty shall be applicable to the total bill, including water service, sanitary sewer service, and stormwater fees.

 

Sec. 78-15. Discontinuance of service for failure to pay charges; interest on unpaid charges.

 

Water and sewer service shall be subject to discontinuance without further notice 20 days after the due date for these charges. Payment of any one of these charges shall not be accepted when either of the other charges is unpaid. Any partial settlement accepted shall be applied in appropriate proportion to each of the water service, sanitary sewer service, and stormwater fee accounts. Each billing which carries forward an unpaid balance due shall have applied an interest charge on the unpaid balance of 1 1/2 percent per month for the entire amount due at the end of the preceding billing period.

 

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 land receiving either or both of such services. Any such delinquent charges incurred by the occupant, if not the landowner, shall be chargeable against any deposit held by the water services department for service to such land.

 

(b) 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 60, or effective June 1, 1999, pursuant to Chapter 63, shall, if not paid by the due date, become delinquent and shall bear interest from the date of delinquency until paid. Delinquent charges 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.

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

 

(1) For one- and two-family residences, if the account is six 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.

 

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.

 

(d) Upon the written request of any owner whose land has become subject to a lien as provided in subsection (b) of this section, the director of water services, or a person designated by the director, 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, or his designee, shall prepare written findings and conclusions determining whether the amount of the charges was property 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, or his designee, 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.

 

(e) When, subsequent to the filing of a notice of delinquency under subsection (b) of this section, the amount of delinquency charges, plus interest and any recording fees or attorney's fees, have been paid in full, the director of water services shall file with the appropriate recorder of deeds a notice that the delinquency has been satisfied.

 

Sec. 78-16. Charge for restoration of service.

 

A charge of $15.00 shall be made for restoration of service discontinued because of failure to pay for water service, or for failure to have the meter readily accessible for reading on the regularly scheduled route on more than two successive occasions, or because of a consumer request.

 

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 department in the proper exercise of their duty or by a licensed master plumber as defined by the building code. A charge of $10.00 shall be made for the replacement on any meter of a seal that has been broken in any other manner.

 

Sec. 78-28. Water department price schedules; permits for work on water service.

 

(a) Price schedules. The director of water 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 of such schedule shall be delivered to the manager of consumer services, and a copy thereof shall be available for public inspection at the water department director's office at any reasonable time.

 

(b) Permit required for installation or maintenance of service. Water services shall not be installed or maintained except by permit issued by the water 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 make a charge of $19.00 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 which 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 $7.00 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 department rules and regulations.

 

Sec. 78-31. Water hydrants.

 

(a) Use generally; permit for use. Water hydrants shall be operated only by the employees of the fire department and of the water department in the proper exercise of their duties, except that the water department may issue permits covering the use of hydrants by other persons or other departments of the city. Such permits shall be issued by the supervisor of water collections subject to the approval of the director of the water department. The permit shall state the basis of charge according to the applicable ordinance for water service and the conditions under which the hydrants may be operated. Such permit shall be cancelable on immediate notice to the holder thereof by the supervisor of water collections.

 

(b) Key required. Hydrants shall be operated only with hydrant keys obtained through the water department and properly identified by number. A deposit of $50.00 shall be made for each hydrant key.

 

(c) Violations. It shall be unlawful for any person other than as provided in this section to operate a water hydrant without first obtaining a permit provided for in this section. Any person so operating a water hydrant without such permit or who violates any of the conditions of the permit shall be deemed in violation of this section, and upon conviction thereof shall be fined not less than $100.00 and not more than $500.00 for each offense, and each day of the continuance of such offense shall constitute a separate offense.

 

Section B. This ordinance and the revised rates for charges for water services herein shall become effective and shall apply to all water accounts for which billings are issued on or after May 1, 1999.

 

_________________________________________________________________

 

Approved as to form and legality:

 

 

 

_____________________________________

Assistant City Attorney