HomeMy WebLinkAboutCommForm.2373.07-01-1963 . , ,,r ,
. , , �„
COMMISSION FORM ORDINANCE N0 . �d73
AN ORDINANCE ESTABLISHING A SEWER SERVICE CHARGE FOR
THE USE OF SERVICES OF THE SEYVERAGE SYSTEM OF THE
CITY OF CAPE GIRARDEAU , MISSOURI , AND PRESCRIBING
REGULATIONS AND RATES THEREFOR; CONTAINING AN
EMERGENCY CLAUSE
WHEREAS , the voters of the City of Cape Girardeau , Missouri , on
the llth day of July, 1961 , approved the issuance of bonds by the
City of Cape Girardeau, Missouri , for the improvement and extension
of the sewerage system of the City of Cape Girardeau , Missouri , and
WHEREAS , bonds for said proposed system were issued by the said
City dated May 1 , 1963 , and it is desired to pay the principal and
interest on said bonds and all necessary sewage disposal plant operation
costs and expenses by means of a sewer service charge for the use and
services of the sewerage system of said City, now therefore ,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU ,
MISSOURI , AS FOLLOWS :
Section l . There is hereby established a sewer service charge for
the use and services of the sewerage system of the City of Cape Girardeau ,
Missouri , proportionate to the amount of sewage , waste or waters deter—
mined to be discharged into the public sewerage system of the City as
determined by the charges for water metered to the user , but in cases
where such amount cannot be reasonably determined from the charge for
water used , the amount of sewage , waste or waters discharged into the
said sewage system shall be determined as otherwise provided in this
ordinance .
Section 2. Each user of the public sewerage system of the City of
Cape Girardeau , Missouri , is hereby required to pay to said City each
month , as a sewer service charge , a sum computed as follows :
The water bills for the months of October , November and December ,
1962, and January, February, March and April , 1963 , for each user , shall
be totaled and then divided by seven to arrive at the average monthly
water bill for such user . The monthly sewer service charge shall be
one—third of such average monthly water bill for each user. The first
monthly sewer service charge for each user shall be due July 1 , 1963 .
From and after July 1 , 1964 , and from and after July 1 in each year
thereafter , the monthly sewer service charge shall be based in the same
manner on the water bills for the last preceding October , November ,
December , January, February , March and April .
Section 3 . As used in this ordinance , "user" shall mean an owner
of property , tenant , lessor , renter , establishment , institution or
occupant of property , which property discharges sewage , waste or waters
into the public sewerage system of said City in any quantity.
Section 4 . The City Clerk , or such other officer or representative
of the City as may be designated from time to time , shall cause all bills
for sewer service charge to be rendered monthly as services accrue . All
bills shall be due and payable from and after the date such bills are
rendered , at the offices of the City Clerk or other place designated by
• • .. .
,•• ' � '
, . , • ,
the City Council , during the regular hours of business. It shall be the
duty of the Missouri Utilities Company, its successors or assigns , or other
private company supplying water to the inhabitants of the City of Cape
Girardeau , to furnish to the City Clerk such information as is necessary
to calculate the charges for sewer services.
Section 5 . Those users of the sewerage system of the City of Cape
Girardeau , Missouri , which use water discharged into the sewerage system,
which water is not metered , are hereby required to meter , at their own
expense , the quantity of water used with an appropriate meter , and to
pay a monthly sewer service charge , based upon the amount of water thus
metered.
S2ction 6. In lieu of inetering water at its source , any user of the
public sewerage system of the City of Cape Girardeau , where the sewer
service charge � based upon the quantity of water metered to such user �
� would not reasonably determine the amount of sewage , waste and waters
discharged into the public sewerage system, may apply to the City Council
to make a survey of the special facts and conditions shown to exist by
such application. After considering such application and survey, the
City Council may determine the amount of sewage , waste or waters dis—
charged by the applicant into the public sewerage system under the special
facts and conditions shown to exist so that the sewer service charge to
the applicant will be just , fair and equitable . In any case where the
monthly average cost of water metered during the next preceding myonths
of October , November , December , January, February , March and April do
not reasonably determine the amount of sewage , waste or waters discharged
into the public sewerage system, the City Council may make a survey of
the special facts and conditions existing with respect to such user .
After considering such survey, the City Council may determine the amount
of sewage , waste or waters discharged by such user into the public
sewerage system under the special facts and conditions existing so that
the sewer service charge to such user will be just , fair and equitable .
Section 7 . A monthly statement for sewer service charge shall be
furnished to each user on or about the first day of each calendar month.
Any user who shall pay his sewer service charge annually in advance , shall
receive a discount of five per cent , provided such annual payment is made
on or before the lOth day of July. Any user who shall pay his sewer
service charge semi—annually in advance shall receive a discount of two
per cent , provided such semi—annual payment is made on or before the lOth
day of July or the lOth day of January.
Section 8. If any bill for the sewer service charge shall be unpaid
after the lOth dayfollowing the date of the rendition of said bi11 , an
additional charge of ten per centum thereof shall be added thereto . If
any bill for sewer service charge shall be and remain unpaid as long as
thirty days , sewer services to such premises shall be disconnected and
shall not be reconnected until all past due bills for sewer service are
paidin full , together with a cut—off charge of Ten Dollars ($ 10. 00) and
a reconnection charge of Ten Dollars ($ 10. 00) . It shall be the duty of
the City Clerk to notify the superintendent of the sewerage system of
any delinquency in the payment of sewer service charge bills and said
superintendent shall proceed immediately to disconnect the sewerage system
to the premises so in arrears.
Section 9 . The occupant and user of the premises receiving sewer
services and the owner of said premises shall be jointly and severally
liable to pay for such services rendered on said premises . The City
shall have the power to sue the occupant or the owner , or both, of such
real estate in a civil action to receive any sum due for such services and
in addition thereto , a reasonable attorney` s fee .
— 2 —
' � .
,• • ' ' . .
Section 10. It shall be a misdemeanor for any person or persons to
tamper with any sewer line or to reconnect sewer services when services
have been disconnected for non—paymen't of bill for sewer services , unless
such bill for sewer services has been paid in full . Any person violating
the provisions of this section shall be fined not less tl-an Ten Dollars
($ 10. 00) nor more than One Hundred Dollars ($ 100 . 00) .
Section 11 . The moneys received from the collection of the sewer
service charge as provided in this ordinance shall be used only for the
following purposes :
a . To retire the principal and interest of the sewer bonds issued
May l , 1963 or any additional bonds that may be issued under the authori—
zation of the election of July 11 , 1961 .
b. To pay all necessary salaries and other expenses for operating
and maintaining the sewage disposal plant .
c. To pay all necessary administrative costs of carrying out the
provisions of this ordinance , including the preparation and mailing of
statements , etc .
Section 12. Septic tank users who do not use the sewerage system
of tl�e City of Cape Girardeau shall not be obligated to pay the sewer
service charge unless sewer services are reasonably available to such
septic tank user , in which event such septic tank user shall be liable
for the sewer service charge.
Section 13 . The invalidity of any section, paragraph, subparagraph,
sentence , clause or phrase or other part hereof , shall not affect the
validity of any other part of the ordinance which can be given effect
without such invalid part or parts.
Section 14 . This ordinance is necessary for the immediate preser—
vation of the public peace , health and safety and shall go into effect
immediately upon its passage and approval .
Section 15 . The provisions of this ordinance shall be known as
Chapter 21 of the General Ordinances of Cape Girardeau and Sections l , 2,
3 , 4 , 5 , 6, 7 , 8, 9 , 10, 11 , 12, and 13 of this ordinance shall be known
respectively as Sections 21 . 01 , 21 . 02, 21 . 03 , 21 . 04 , 21 .05 , 21 . 06 , 21 . 07 ,
21 . 08 , 21 . 09 , 21 . 10 , 21 . 11 , 21 . 12 and 21 . 13 of the General Ordinances of
Cape Girardeau .
Passed and approved this lst day of July, 1963 .
.�7/ l`�
Mayor
ATTEST :
.� �} .
� �
u-L�_�,L-�
City Clerk