COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 980331

Amending Chapter 60 of the Code of Ordinances of Kansas City, Missouri, entitled Sewers and Sewage Disposal by repealing Article I, Sections 60-2 and 60-3 and enacting in lieu thereof new sections of like number and subject matter.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 60 of the Code of Ordinances of Kansas City, Missouri, entitled Sewers and Sewage Disposal is hereby amended by repealing Article I, Sections 60-2 and 60-3 and enacting in lieu thereof new sections of like number and subject increasing changes to sanitary sewer service, said sections to read as follows:

Section 60-2. Sewer charges for resident users.

There are hereby levied charges against every person, firm, partnership, corporation and association occupying property within the city limits having a sewer connection with, having sewers available for connection with, or otherwise discharging sewage, industrial waste, water or other liquid into the Citys sewer system. Such charges are to be the sum of service charges and volume charges to be computed and levied as follows:

(1) Service Charges.

a. Sanitary sewer. A service charge of $4.45 where bills are rendered monthly and $6.00 where bills are rendered bi-monthly to defray in part the cost of making available facilities and works now or in the future necessary for sewage treatment, and rendering bills for service, such charges to be made each and every month (30 days is one month) where a monthly billing is involved or each and every bimonthly period where bimonthly billings are involved, regardless of whether or not any sewage or wastes are actually discharged to the City sewer during the billing period.

b. Storm sewer. As provided in Article V of this chapter, the water or sewer consumer of record shall pay a monthly stormwater management fee, to be billed and collected with the water or sewer bill. The director is hereby authorized to promulgate regulations to be used as a basis for determining customer class. Monthly fees shall be:

Customer Class Monthly Fee

Residential $ 1.42

Commercial $ 9.90

Industrial $42.32

c. 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. Permit application fees, permit maintenance fees and other miscellaneous 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 $0.99 per 100 cubic feet based upon the total volume of water purchased by the customer during the billing period (30 days is 1 month):

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 and computed at the volume charge established herein. The minimum volume charge for such users shall be $6.00 per month.

b. Residential accounts. Except as noted in (2)(a), residential service account (one- and two-family residences) volume charges for the billing period most closely corresponding to the months of April through November, both inclusive, shall be based upon water used during the winter period, such winter period being the billing periods most closely corresponding to the months of December through March; 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 the period of April through November shall be the volume charge established herein, or $6.00 per month, whichever is the lesser.

c. Commercial and industrial water accounts with diverted water uses. 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 and the product is transported in containers away from the premises or where the water purchased is lost by evaporation or irrigation. Where the water user of the premises makes proof of this fact by installation of a meter or other approved method of determining the amount of water so diverted, or has made an estimate of the amount of water so diverted that is acceptable to the city, no sewage service charge shall be levied on such diverted water. The director of the water services department and the director of finance, or their representative, shall make these determinations of fact, and shall have authority to adjust the sewer use volume billed on the basis of the facts ascertained.

d. 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, but in no event shall the sum of such surcharges be less than five dollars per month.

e. For surcharge rate formulae calculation purposes, the following rates are hereby established:

RB (surcharge per pound of excess BOD) = $0.106

RS (surcharge per found of excess SS) = $0.068

RG (surcharge per pound of excess O&G) = $0.038

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.

(3) Definition.

a. Month or monthly, as used in this section, shall refer to a time period of approximately 30 days.

Section 60.03. Sewer charges for nonresident users.

(a) There are hereby levied charges against every person, firm, partnership, corporation and association occupying property outside the city limits having a sewer connection with the sewer system of the City, or otherwise discharging sewage, industrial waste, water or other liquids into the city sewer system. Such charges are to be the sum of service charges and volume charges to be computed and levied as follows:

(1) Metered connections with municipalities and political subdivisions. Bulk flows through a metered interconnection with a municipality or political subdivision shall be charged and pay a rate of $0.70 per 100 cubic feet (ccf), with no service charges.

(2) Unmetered connections with municipalities and political subdivisions. Bulk flows through an unmetered interconnection with a municipality or political subdivision shall be charged and pay a rate of $0.99 per 100 cubic feet (ccf) of actual water consumption for all residential, commercial and industrial customers and service charges for each such customer of $4.45 if bills are rendered monthly or $6.00 if bills are rendered bi-monthly.

(3) Unmetered connections with municipalities and 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 $10.43 per month per dwelling unit or equivalent dwelling unit.

(4) Individual customers billed directly by the city. Individual customers billed directly by the city shall pay a service charge of $5.10 if the bill is rendered monthly or a service charge of $8.00 if the bill is rendered bimonthly plus a volume charge of $1.07 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 the 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 t his chapter, shall be levied on high concentration discharges received from any customer under this section, but in no event shall the sum of such surcharges be less than five dollars per month.

For surcharge rate formulae calculation purposes, the following rates are hereby established:

RB (surcharge per pound of excess BOD) = $0.106

RS (surcharge per found of excess SS) = $0.068

RG (surcharge per pound of excess O&G) = $0.038

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.

(1) 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 approved by the city council.

Section B. This ordinance and the revised sewer service charges specified herein shall become effective and shall apply to all sewer service accounts for which billings are issued on or after May 1, 1998.

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Approved as to form and legality:

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Assistant City Attorney