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Legislation #: 040265 Introduction Date: 3/4/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 78 of the Code of Ordinances of Kansas City entitled by repealing Sections 78-4, 78-6, 78-8, 78-9, 78-10, 78-19, 78-20, and 78-31, and enacting in lieu thereof new sections of like number and subject matter adjusting charges for water service.

Legislation History
DateMinutesDescription
3/4/2004

Prepare to Introduce

3/4/2004

Referred Budget and Audit Committee

3/9/2004

Hold On Agenda

3/16/2004

Hold On Agenda

3/23/2004

Advance and Do Pass as a Committee Substitute

3/25/2004

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 040265

 

Amending Chapter 78 of the Code of Ordinances of Kansas City entitled Water by repealing Sections 78-4, 78-6, 78-8, 78-9, 78-10, 78-19, 78-20, 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 Chapter 78 of the Code of Ordinances of Kansas City, Missouri, entitled Water, is hereby amended by repealing Sections 78-4, 78-6, 78-8, 78-9, 78-10, 78-19, 78-20, and 78-31, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

 

Sec. 78-4.  Water rates established; collection of charges.

 

Rates for water purchased from the city waterworks system are hereby established, and the manager of consumer services is hereby directed and empowered to charge and collect on behalf of the city for water so purchased in accordance with the provisions of this article. Final bill balances under $5.00 may not be collected.

 

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 . . . . . . . . . . . . . . $ 9.79 $ 13.36

3/4 . . . . . . . . . . . . . . 10.10 14.69

1 . . . . . . . . . . . . . . . . 13.16 18.97

1-1/2. . . . . . . . . . . . . 19.58 31.82

2 . . . . . . . . . . . . . . .. 25.40 43.45

3 . . . . . . . . . . . . . . .. 32.74 56.92

4 . . . . . . . . . . . . . . .. 51.41 97.92

6 . . . . . . . . . . . . . . .. 81.70 162.18

8 . . . . . . . . . . . . . . . 138.92 272.95

10. . . . . . . . . . . . . . 198.29 391.07

 

(2) Commodity charge. The commodity charge shall be based on the total volume of water purchased by the customer, whenever possible in the billing system, 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 $1.57 per 100 cubic feet

Next 4,400 cubic feet at $1.73 per 100 cubic feet

Next 995,000 cubic feet at $1.33 per 100 cubic feet

Over 1,000,000 cubic feet at $1.12 per 100 cubic feet

 

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

 

All usage at $1.12 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 . . . . . . . . $ 67.00

6-inch. . . . . . . . . . . . . . . . 144.00

8-inch. . . . . . . . . . . . . . . . 250.00

10-inch . . . . . . . . . . . . . . . 386.00

12-inch . . . . . . . . . . . . . . . 551.00

16-inch . . . . . . . . . . . . . . . 973.00

 

(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.

 

Sec. 78-9. Temporary service rate.

 

There shall be a temporary service rate for unmetered water used in construction and for other temporary purposes as follows:

 

(1) Construction.

 

a. The rate for water delivered through unmetered service to one- and two-family dwellings under construction shall be $150.00 for twelve (12) months. The renewal fee for the any subsequent six (6) month period shall be $150.00. The renewal fee for any subsequent six (6) month period will be returned on a pro-rated basis when a consumer establishes an account with the water services department.

 

b. The rate for water delivered through unmetered service for commercial and industrial buildings, with the water to be used for testing plumbing and fixtures, per permit, shall be $500.00 for the first twelve (12) months. The renewal fee for any subsequent six (6) month period shall be $500.00. The renewal fee for any subsequent six (6) month period will be returned on a pro-rated basis when a consumer establishes an account with the water services department.

 

c. The rate for additional water for commercial and industrial construction purposes other than testing plumbing or other temporary purposes shall be as provided in subsection (3) of this section.

 

d. Charges made under these rates shall apply only to the period of building construction and this period shall cease with any occupancy of the building. In the case of one- and two-family dwellings, the period of service under that rate shall cease with the issuance of the certificate of occupancy. Thereafter, or with any occupancy of the building, the continuation of water service shall require the installation of a water meter and a contract for water service under the applicable rate.

 

(2) Swimming pools. The service fee for filling swimming pools shall be $350.00 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.

 

(3) 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 manager of consumer services.

 

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. The manager of consumer services shall refund the amount of the deposit after all charges for service and water commodity, and any charges for the repair or servicing of the hydrant or other city property have been deducted.

 

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 re-pumping charge where applicable, and a non-contract 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 $ 10.71 $ 14.08

3/4 11.02 15.92

1 13.47 19.59

1-1/2 19.89 32.44

2 25.71 44.07

3 33.05 58.76

4 51.72 98.54

6 82.62 165.24

8 140.15 273.57

10 198.90 391.68

 

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 $1.76 per 100 cubic feet

Next 4,400 cubic feet at $1.78 per 100 cubic feet

Over 5,000 cubic feet at $1.36 per 100 cubic feet

 

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

 

Unrestricted $1.04 per hundred cubic feet

Restricted $1.00 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; from Arrowhead Pumping Station at NE 75th and Arrowhead Trafficway, and from the South Terminal pump Station at Ward Rd and Persells, per 100 cubic feet, $0.14.

 

b. 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 Rd, per 100 cubic feet, $0.25.

 

(4) Non-contract charge. A non-contract 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 non-contract 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. Rates set forth in this section may not be applicable where such rates are established by existing or future contracts.

 

Section 78-19 Charge for water temporarily unmetered

 

The Director of Water Services will promulgate rules for back billing consumers when there were problems with the meter, a meter was missing or other difficulties with the metering equipment.

 

Section. 78-20.  Bill payment guarantees.

 

(a) Required amount. The manager of consumer services is authorized and directed to require each consumer, before taking water under the general meter rate, the suburban water rate (except as provided for in special contracts) and the flow line 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; restoration 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 $25.00. 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 manager of consumer services shall be refunded after 2 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 manager of consumer services 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 2 years or until the account is terminated. The manager of consumer services may waive deposits on additional accounts for an existing customer with known good credit. In cases where a landlord has multiple properties or is between tenants, the deposit may be waived when the landlords credit rating is good.

 

(d) Transfer of service. When a customer transfers service from one location to another, the manager of consumer services may waive any additional deposit.

 

(e) Termination of service. When a contract for water service is terminated, the manager of consumer services shall apply the deposit against any unpaid bills associated with the contract, and shall refund the remainder of the deposit, if the amount is $5.00 or above, to the depositor. Refunds in an amount under $5.00 will be made only upon written request of the customer.

 

(f) Bond in lieu of cash deposit. In lieu of a cash deposit, the manager of consumer services 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 manager of consumer services 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 manager of consumer services.

 

(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.

 

Section 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 manager of consumer services 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 manager of consumer services.

 

(b) Key required. Hydrants shall be operated only with hydrant keys obtained through the water department and properly identified by number. A deposit of $100.00 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, 2004.

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Cecilia OConnor Abbott

Assistant City Attorney