ORDINANCE
NO. 180137
Amending Chapter 60, Code of
Ordinances, entitled Sewers and Sewage Disposal by repealing Sections 60-2,
60-3, 60-9, and 60-30 and enacting in lieu thereof new sections of like number
and subject matter, that adjust charges for sewer service and impose a two
percent payment in lieu of taxes upon the City Sewer Fund’s gross revenues
derived from sewer services to the City’s residential and commercial customers
to be paid to the General Fund and charged to residential and commercial
customers; and establishing an effective date.
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section 1. That Chapter 60 of the Code of Ordinances of
Kansas City, Missouri, entitled Sewers and Sewage Disposal, is hereby amended
by repealing Sections 60-2, 60-3, 60-9, and 60-30 and enacting in lieu thereof
new sections of like subject matter, to read as follows:
Sec. 60-2. Sewer charges for resident users.
There are hereby
established charges against every person and for every property, partnership,
corporation, association, and other entity within the city limits having an
actual or available connection with the city's sanitary sewer system, or
discharging sewage, industrial waste, water or other liquid into the system.
All charges shall be prorated per day during the billing period. Such charges
are to be the sum of service charges, volume and high concentration charges to
be computed and levied as follows:
(1)
Service
charges.
a. Sanitary
sewer. A service charge of $21.30 per month to cover in part the cost of
providing various services, 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 month.
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. 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 $8.60 per 100 cubic feet (ccf) 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, where such information is available, and computed at the volume
charge established herein. Where usage information is not available, the water
services department shall determine an appropriate volume of water used and
compute it 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 $51.60 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. Where the product is transported away from the premises in
containers (water to product) the application fee is $1,000.00. Where the water
purchased is lost by evaporation or irrigation the application fee is $550.00.
The director of the water services department or the director's representative,
shall make the determinations of fact as to the amount of water which is
diverted, and shall have authority to adjust the sewer use volume billed on the
basis of the facts ascertained. The application fee is to pay for site review,
plan review, and installation inspection.
(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)*
= $0.364
RS (surcharge per pound of excess SS) =
$0.190
RG (surcharge per pound of excess
O&G) = $0.160
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
approximately 30 days.
Sec. 60-3. Sewer charges for nonresident users.
(a) Charges.
There are hereby established charges against every person, partnership,
corporation, association, and other entity outside the city limits having a
connection with the city's sanitary sewer system or discharging sewage,
industrial waste, water or other liquids into the city's sewer system. All
charges billed 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 charged as follows:
(1) Metered
connections with municipalities and political subdivisions. Bulk flows through
a metered interconnection with a municipality or other political subdivision
shall be charged and pay a rate of $3.48 per 100 cubic feet (ccf), with no
service charges.
(2) Unmetered
connections with municipalities and other political subdivisions. Bulk flows
through an unmetered interconnection with a municipality or other political
subdivision shall be charged and pay a rate of $4.69 per 100 cubic feet (ccf)
of actual water consumption for all residential, commercial and industrial
customers, and shall also pay a service charge of $13.60 per month for each
such customer.
(3) Unmetered
connections with municipalities and other 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 $46.95 per month per dwelling unit
or equivalent dwelling unit.
(4) Individual
non-resident customers billed directly by the city. Individual non-resident
customers billed directly by the city shall pay a service charge of $30.00 per
month, plus a volume charge of $11.90 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
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 non-resident user.
For surcharge rate formulae calculation
purposes, the following rates are hereby established:
RB (surcharge per pound of excess BOD) =
$0.446
RS (surcharge per pound of excess SS) =
$0.220
RG (surcharge per pound of excess
O&G) = $0.183
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 approximately 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. 60-9. 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 two percent of the sewer fund's gross revenues derived from providing
sewer services to the city's resident users. Such payment in lieu of taxes
shall be considered part of the cost of sewer services and shall be charged to
the city's resident users as a charge equal to two percent of the sewer charges
for resident users.
Sec. 60-30. Connecting private sewers with district or
joint district sewers—
Contents of contract;
recording of contract.
(a) Any contract
entered into by a developer and the director of water services as provided in
section 60-26 shall provide that, if annexation is declared invalid, the
developer, or his successors in ownership of the lands to be served, shall be
billed in accordance with section 60-3 subsection (a) subsection (3). Where
business and industrial property is to be served, the amount of the annual
service charge shall be determined by the director of water services. Such
contract shall be filed and recorded with the recorder of deeds in the
respective county in which the sewers are to be constructed, along with a copy
of the approved subdivision plat, and shall provide that the developer shall
have the right to transfer responsibility for payment of the annual service
charge to his successors in ownership by covenant running with the land.
(b) Such
contract shall state that the granting of the permission for a sewer connection
from projects now outside the city does not exempt the property drained from
being taxed for the construction of public sewers in any district or joint
district hereafter established in which these sewers are constructed, and it
shall not be understood that the construction of the sewers, or the property
drained by them, establishes a separate sewer district.
(c) Such
contract shall further provide that the city retains the right and power to
make use of, construct, reconstruct or change the sewers and the connections to
the city sewers, laterals and appurtenances, as may be necessary for the
sewering of the property to be drained under the terms of such contract.
Section 2. This ordinance shall
become effective on May 1, 2018.
_____________________________________________
Approved
as to form and legality:
______________________________
Charlotte
Ferns
Assistant
City Attorney