AN ORDINANCE REPEALING ORDINANCES NOS. 200 AND 205, AND ENACTING IN LIEU THEREOF A NEW ORDINANCE PRESCRIBING REGULATIONS AND RATES TO BE CHARGED FOR THE FACILITIES AND SERVICES MADE AVAILABLE BY THE COMBINED WATER AND SEWER SYSTEM OF THE CITY OF BROWNING, MISSOURI, INCLUDING THE MANNER OF PAYMENT OF ACCOUNTS WHEN DUE, PROVIDING FOR DI SCOM4ECTI ON OF SERVICE FOR NON-PAYMENT OF ACCOIJITS WHEN DUE AND A RECONNECTION CHARGE; AND, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, the voters of the City of Browning,.in an election held the 10th day of July, 1973, authorized the issuance of sewerage system revenue bonds of the City of Browning, in the principal amount of $165,000.00., the principal and interest on said bonds to be payable solely from the revenues to be derived from said combined water and sewer system; and
WHEREAS, in order to meet the requirements of Missouri Statutes under which said revenue bonds were voted and issued, it is necessary that the City of Browning fix, maintain and collect reasonable rates, fees and charges for the use and services of the combined water and sewer system of the City of Browning at appropriate times consistent with completion of improvements to said water system and construction of said sewer system, and the continuing maintenance thereof, all as herein provided;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BROWNING, MISSOURI, AS FOLLOWS:
Section 1: Any person desiring water service from the City of Browning, Missouri, shall deposit with the City the sum of $100.00 to assure the payment of all water and sewer bills, which said sum shall be held by the City without interest accruing for the customer thereon pursuant to Section 8 of this Ordinance. Application for water or sewer services shall be made to the Water and Sewer Commissioner by the owner or occupant of the property to be served, and upon approval of such application such applicant shall have the right to connect with the water or sewer system, all costs of such connection to be borne by the applicant. In the event water or sewer service is not connected to the property to be served, the applicant shall pay a connection charge of $100.00 for each service to defray the costs to the City of connecting such service to the subject property.
Section 2: From and after the passage of this Ordinance, the rates for metered use of water from the water system of the City of Browning shall be as follows:
Monthly Water Rate Schedule
Minimum $7.50 for the first 1,000 gallons
$5.00 per 1,000 gallons for the next 3,000 gallons
$4.50 per 1,000 gallons for the next 6,000 gallons
$4.00 per 1,000 gallons for all over 10,000 gallons
Bulk Plant Meter: $0.25 per 50 gallons.
Rural Rate: This rate shall be the same as is charged to the City, from time to time, by Public Water Supply District No. 1 of Sullivan County, Missouri, under the City's water purchase agreement with said District.
Section 3: Sewer system customers shall pay.a monthly sewer service charge as follows:
A. For residential sewer system customers not receiving service from the water system, a charge of $10.00 per month.
B. For customers of the sewer system who are also customers of the water system, sewer service charges based upon the average water used for the months of October through March of the precedent year, as set forth on the chart attached hereto as Exhibit A; provided, however, such average consumption shall be adjusted to remove:
(1) Abnormal deliveries of metered water established by the Water and Sewer Commissioner or Board of Aldermen to have resulted from leaks in the customer's water system; and
(2) Quantities of water delivered and used for watering of livestock where the customer shall have provided the deposit and actual costs of installation for a separate meter to establish the amounts of water so used.
C. For new customers of the sewer system who are also customers of the water system, the sewer service charge shall be $5.25 per month, until the customer has been a resident of the City of Browning long enough to have the customer's sewer service charge established per subÄsection B., above.
Section 4: If any customer is to be away from the City for a period of time, that customer may be placed on a "vacation rate" provided that all prior water bills are paid to the inception date thereof; which means the service will be discontinued leaving the meter intact with the water connection closed. Active service may be restored by such customer by payment of $1.00 per month, plus tax, for the vacation period which has occurred, and the water connection will be opened without charge and the customer restored to the regular water and sewer service rates.
Section 5: The Board of Aldermen here determines that based upon Pt' schedules provided by the Farmers Home Ackuinistration that the rates, fees and charges for the use and services of the combined water and sewer system of the City of Browning are necessary and adequate based upon information available at the time of enactment of this Ordinance, or at the time of any amendnents to said rates hereafter adopted, to meet the requirements of Sections 250.010 to 250.250 of the Revised Statutes of Missouri.
Section 6: Water meter readings shall be taken by the Water and Sewer Commissioner, and bills for water and sewer services shall be rendered monthly as such services accrue. Estimated water meter readings may be made during the winter season if the daily temperature is 10 degrees Fahrenheit or lower, or if snow depth is 8 inches or greater; provided, however, estimates shall not be made for more than two consecutive months, nor more than a total of three months during any one winter season. The City Clerk shall prepare and render bills for such services, and all such bills shall be due and payable to the Clerk at Bank Midwest, Browning branch, during its regular business hours from and after the date of rendition thereof.
Section 7: If any bill for water or sewerage, or water and sewerage services, shall remain due and unpaid after ten (10) days from the rendition thereof, or upon the first working day thereafter, an additional charge of ten percent (lO%) shall be added thereto as penalty for late payment."
Section 8: If any bill for water and/or sewer service shall be and remain past due and unpaid in full for twenty (20) days after it is rendered, then the City shall discontinue and disconnect water and/or sewer service to such customer on that day or upon the first working day thereafter, and shall charge the unpaid bill or balance thereof against the deposit with the City therefor and return the remainder of said deposit, if any, to such customer. Should such customer desire water and/or sewer service thereafter, such customer shall pay to the City the sum of $10.00 for resumption of service and shall make a new deposit of $100.00 as hereinbefore referred to. It shall be the duty of the City Clerk to notify the Water and Sewer Commissioner of any such delinquency, and said Water and Sewer Commissioner shall proceed immediately to cause the services to such customer to be discontinued."
Sect ion 9: The occupant and user of the premises receiving water or sewer, or water and sewer, services, and the owner of said premises, shall be jointly and severally liable to pay for such services rendered to said premises. The City of Browning shall have the power to sue the occupant or owner, or both, of such real estate in a civil action for any sums due for such services, plus interest at 9% from and after demand for payment, plus a reasonable attorneys' fee to be fixed by the Court.
Section 10: It shall be a misdemeanor for any person to tamper with any water or sewer line, or to make any connection to the water or sewer systems of the City of Browning without written permission from the Water and Sewer Coninissioner, or to reconnect service when service has been discontinued for non-payment of a bill for the service until such bill, including the reconnection charge, has been paid in full. Upon conviction, there shall be imposed a fine of not less than Fifty ($50.00) Dollars nor more than Five Hundred ($500.00) Dollars.
Seclion 11: [this section needs to be corrected. see original document]
The user of each premises receiving water, or sewer, or water and sewer services from the City of Browning responsible connected to for the either proper use the water or thereof. sewer system Plumbing faci shall be of each premises receiving water, or nor more than Five Hundred ($500.00) to the sanitary sewer be discharged into the tting such a discharge and expenses incurred by so be a misdemeanor for tinue. Upon conviction, Fifty ($50.00) Dollars Ä4Ä accordance with the National compliance with said Code by of Browning before any connec products, milk whey, paints, food products, or other mater facilities or sewer treatment sanitary sewer. Any customer shall be chargeable with the the City of Browning thereby; each and every day that such there shall be imposed a fine Plumbing Code, and shall a designated representat tion is made. No grease acids, chemicals, metals ials detrimental process, shall making or permi additional costs and, it shall al discharge may con of not less than Dollars. sewer, shall be lities that are installed in be inspected for ive of the City , petroleum , animal wastes,
Section 12: No free water or sewer service shall be furnished to any premises, or the owner or occupant thereof, except to the City of Browning, itself.
Section 13: All ordinances, resolutions or other actions of the in conflict herewith are expressly repealed insofar as they conflict
Section 14: This ordinance shall be in full force and effect from and after its passage and approval
ATTEST:
CITY OF BROWNING
City Clerk
Eldon Head (signature)
Mayor and Ex Officio of the Board of Aldermen
City Clerk
Read three times and passed by the Board of Aldermen of the city of Browning this 11th day of April, 1994