Chapter 24: Utilities

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   UTILITIES

ARTICLE I.  BOARD OF PUBLIC WORKS

DIVISION 1.  GENERALLY

§ 24-1.        Board created.

§ 24-2.        Membership.

§ 24-3.        Qualifications.

§ 24-4.        Terms of office.

§ 24-5.        Compensation.

§ 24-6.        Records.

§ 24-7.        Monthly report.

§ 24-8.        Appointing Director and Alternate Director for electrical energy, natural gas, water and wastewater Joint Contract Commissions.

§§ 24-9 to 24-12.  Reserved.

DIVISION 2.  POWERS


§ 24-13.       Powers in general.

§ 24-14.       Contracts, general.

§ 24-15.       Utility rates.

§ 24-16.       An MPUA Mutual Aid Agreement and an American Public Power Association/National Rural Electric Cooperative Association (APPA/NRECA) Federal Emergency Management Agency (FEMA) Agreement.

§ 24-17.       Joining the Missouri Joint Municipal Electric Utility Commission.

§ 24-18.       Creating utility incentives for electric costs associated with commercial development.

§§ 24-19 to 24-20.  Reserved.

DIVISION 3.  FINANCES


§ 24-21.       Public utility account.

§ 24-22.       Capital improvements.

§ 24-23.       Audit.

§ 24-24.       Utility Reserve Funds and Capital Project Fund Accounts

§§ 24-25 to 24-28.  Reserved.

DIVISION 4.  EMPLOYEES


§ 24-29.       Appointment in general.

§ 24-30.       Salaries and expenses.

§ 24-31.       Bond; specific.

§ 24-32.       Employees and salary; general.

§ 24-33.       Clerks.

§ 24-34.       Engineers.

§ 24-35.       Inspectors.

§ 24-36.       Other employees.

§§ 24-37 to 24-41.  Reserved.

ARTICLE II.  UTILITY SERVICE

§ 24-42.       Contract for utility service.

§ 24-43.       Policy for delinquent utility customers.

§ 24-44.       Policy for customers moving out of service area.

§ 24-45.       Policy for delinquent account customers returning to this service area.

§ 24-46.       Dusk to dawn light fees.

§ 24-47.       Reserved.

ARTICLE III.  WATER SERVICE

DIVISION 1.  GENERALLY

§ 24-48.       Access to premises.

§ 24-49.       Water tap fee.

§ 24-50.       Connections – Standards and procedures.

§ 24-51.       Repairs and maintenance.

§ 24-52.       Wrongful withdrawal of water.

§ 24-53.       Liability for utility charges.

§ 24-54.       Water service terminated.

§ 24-55.       Reconnection fee.

§ 24-56.       Violations.

§ 24-57.       Fluoridation of water system.

§§ 24-58 to 24-61.  Reserved.

DIVISION 2.  WATER METERS

§ 24-62.       City to furnish meter.

§ 24-63.       Location of meter.

§ 24-64.       Meters not to be disturbed.

§ 24-65.       Duty of occupants.

§ 24-65.2     Duty of property owner regarding water meter.

§ 24-66.       One meter only.

§ 24-67.       Reading of meters.

§ 24-68.       Mailing utility bills.

§§ 24-69 to 24-73.  Reserved.

DIVISION 3.  WATER RATES

§ 24-74.       General.

§ 24-75.       Water only service deposit.

§ 24-76.       Meter failure.

§§ 24-77 to 24-81.  Reserved.

DIVISION 4.  REGULATIONS ON
WATER SERVICE CONSTRUCTION

§ 24-82.       Minimum diameter on new or extended water lines.

§§ 24-83 to 24-87.  Reserved.

ARTICLE IV.  PUBLIC SEWER SYSTEM

DIVISION 1.  GENERALLY

§ 24-88.       Definitions.

§ 24-89.       Access to premises.

§ 24-90.       Permit required.

§ 24-91.       Permit fees.

§ 24-92.       Inspection.

§ 24-93.       Each building to have separate connection.

§ 24-94.       Regulating private sewer connections.

§ 24-95.       Property owner to pay expenses of construction, etc.

§ 24-96.       Sewer connection outside corporate limits of the city.

§ 24-97.       Dangerous wastes.

§ 24-98.       Unlawful disposal in sewers.

§ 24-99.          Special disposal agreement.

§ 24-100.        Unlawful connections.

§ 24-101.        Reconnection fees.

§ 24-102.        Testing.

§ 24-103.        Unconstitutionality clause.

§ 24-104.        Violation.

§§ 24-105 to 24-109.  Reserved.

DIVISION 2.  SEWER CHARGES

§ 24-110.        General.

§ 24-111.        Reserved.

§ 24-112.        Toxic pollution surcharge.

§ 24-113.        Free service prohibited.

§ 24-114.        Sewer bills for landlord.

§ 24-115.        Unconstitutionality clause.

§ 24-116.        Establishing access fee areas.

§ 24-117.         Out of city limits base sewer charge.

§§ 24-118 to 24-120.  Reserved.

DIVISION 3.  REGULATIONS ON SEWER

CONSTRUCTION

§ 24-121.        Specifications.

§ 24-122.        Size, slope.

§ 24-123.        Elevation.

§ 24-124.        Connections.

§ 24-125.        Grease trap.

§ 24-126.        Preliminary treatment on storm equalizing facilities.

§ 24-127.        Control manhole.

§ 24-128.        Traps.

§§ 24-129 to 24-133.  Reserved.

ARTICLE V.  WATERWORKS AND

SEWER SYSTEM

§ 24-134.        Water and sewer systems combined.

§§ 24-135 to 24-139.  Reserved.

ARTICLE VI.  NATURAL GAS SYSTEM

§ 24-140.        Construction and operation of a municipally owned natural gas distributing system.

§ 24-141.        Municipal Gas Commission of Missouri.

§ 24-142.         Natural Gas connection fees.

§§ 24-143 to 24-145.  Reserved.

ARICLE VII . UTILITY RATE ORDINANCE

§ 24-146.     Residential electric service (R-2015).

§ 24-147.     Small commercial electric service (SC-2015).

§ 24-148.     Large commercial service (LC-2015).

§ 24-149.     Industrial service (I-2015)

§ 24-150.     Fees for private outdoor security lighting service (PF-2015)

§ 24-151.     Purchased power adjustment.

§ 24-152.     Water.

§ 24-153.     Wastewater.

§ 24-154.     Natural gas.

§ 24-155.     Applicable ordinances.

§ 24-156.     Effective date.

§ 24-157.     St. James Municipal Utilities Net Metering Service and Electrical System Integration.

§§ 24-158 to 24-161.  Reserved.

 

Chapter 24

UTILITIES

ARTICLE I

BOARD OF PUBLIC WORKS

DIVISION 1.  GENERALLY

Sec. 24-1.  Board created.

        There is hereby established within the City of St. James, an executive department to be known as the "board of public works".  (Ord. 109, §1.)

Sec. 24-2.  Membership.

        Which board shall consist of four persons, and who shall be appointed by the mayor, and confirmed by the common council as other appointive officers of the city, as is now, or hereafter may be provided for by ordinance, are appointed and confirmed.  (Ord. 109, §1.)

Sec. 24-3.  Qualifications.

        The board members shall be electors of the City of St. James, who have resided therein for a period of two years next before their appointment; and no more than two members of said board shall belong to the same political party, and its administration shall in all respects be entirely non-partisan.  No member shall hold any other office, either by appointment or election, during his official term as a member of the board; and any member of said board of public works who shall accept a nomination or appointment for any other office during his official term, shall be deemed thereby to have resigned as a member of said board, and his said membership shall thereby be, ipso facto vacated.  (Ord. 109, §3.) 

Sec. 24-4.  Terms of office.

        The members of such board shall hold office for a term of four years, or until their successors are appointed and qualified; provided, however, the first incumbents appointed as members of said board of public works shall be appointed and hold office for the term of one, two, three and four years respectively, as may be designated by the mayor in making the appointment.  (Ord. 109, §2.)

Sec. 24-5.  Compensation.

        Each member of the board so appointed under this Ordinance shall receive a salary for his services of twenty-five ($25.00) dollars per month, to be allowed and paid monthly.  (Ord. 382, §1.)

Sec. 24-6.  Records.

        It shall be the duty of said board to keep books of account showing with entire accuracy contemporaneous current entries of the receipts and expenditures of the board in such manner as to enable the same to be understood and investigated, and also to preserve on file in its office duplicate vouchers for all its expenditures, which books and duplicates shall at all times be open to the examination of the finance committee of the city council, or any other committee appointed by the common council, and such board shall make such reports of its business and transactions to the mayor and city council of the City of St. James, monthly.  (Ord. 109, §9.)

Sec. 24-7.  Monthly report.

        It shall be the duty of the board of public works to make up an account monthly of all obligations and expenses incurred by said board, in operating said utilities, including salaries of all employees, setting forth in items, the amounts due, to whom, and for what service or account, which such statement of accounts shall be examined, checked, and certified by the board for payment, as true and correct.  And it shall be the duty of the mayor and the common council to allow and order paid, such accounts, in the same manner that bills and salaries of other officers and employees of such city are allowed and paid; provided, however, that said payment shall be made out of said special utility account, and provided further than checks thereon shall be drawn only by the secretary of said board and countersigned as provided.  (Ord. 109, §16.)

Sec. 24-8. Appointing Director and Alternate Director for electrical energy, natural gas, water and wastewater Joint Contract Commissions.

        That the Mayor is hereby appointed as Director of the Commission and the Utility Superintendent is hereby appointed as Alternate Director. Said Director and Alternate Director shall perform such duties and functions as required by the provisions of any and all utility service Joint Contracts until replaced by this governing body. (Ord. 940)

Secs. 24-9 to 24-12.  Reserved.

ARTICLE I

BOARD OF PUBLIC WORKS

DIVISION 2.  POWERS

Sec. 24-13.  Powers in general.

        (a)   The board of public works, as herein provided shall, during the existence of said board, have the power, and it shall be its duty, to take charge of and exercise control over any water works, electric light and power plant, or any other device or plant for furnishing light, power or heat, or any other public utility which may be owned by the City of St. James at this time, or which may be hereafter established or acquired by said City of St. James, by purchase or otherwise, and all appurtenances thereto belonging, and shall enforce the performance of all contracts and work and have charge and custody of all books, property and assets belonging or appertaining to such plant or plants.   (Ord. 109, §5.)

        (b)   In addition to the powers and duties hereinbefore prescribed, said board shall also exercise such other powers and perform such other duties in the superintendence of public works, improvements and repairs constructed by authority of the common council or owned by the city that may be prescribed by ordinance.  Said board shall make all necessary regulations for the government of the department not inconsistent with the general laws of this state, the charter of such city or the ordinances thereof.  (Ord. 109, §6.)

        (c)   The board of public works shall have full power, and it shall be its duty, to take charge of and exercise full control over the water works, electric light and power plant owned by the city or any other public utility which it may hereafter acquire, and all appurtenances thereto belonging, and shall enforce the performance of all contracts and work, and have charge and custody of all books, property and assets belonging or appertaining to such public utility, as provided by Article 31 of Chapter 38 of the Revised Statutes of Missouri for the year 1939.  It being the intention of this Ordinance to confer full authority and power to said board of public works to operate said utilities, except as may be otherwise provided by law or ordinance.  (Ord. 109, §13.)

        (d)   In the process of operating said public utilities said board of public works is vested with full power and authority, and authorized to make such repairs, replacements, additions or extensions of service as it may deem proper for the public good and is vested with full power and authority to employ such labor or provide such material as may be necessary in that behalf and prescribe and fix the compensation for services within the foregoing limitations.  (Ord. 109, §14.)

Sec. 24-14.  Contracts, general.

        (a)   The doing of all work and furnishing of all supplies for the water works, electric power  and light plant  or any other plant or work which may be under its supervision or control, shall be let out by the board of public works in the same manner as other public works are let out, except in cases where it is not practicable to do such work or furnish such material by contract; and all contracts shall be submitted to the common council for approval.  Said board shall have charge of the purchase of all supplies needed by the city in its several departments, under such restrictions and regulations as may be provided by ordinance. (Ord. 109, §10.)

        (b)   Where no restriction is specially provided by ordinance, the board shall have full power to contract for and provide all necessary labor and material and supplies as it may deem necessary, and submit its account for allowance and payment by the mayor and common council, out of said special public utility account as hereinbefore provided.

        Provided, however, that all contracts provided for in Section 7804 Revised Statutes of Missouri, 1939, shall be submitted to the common council for approval as therein provided.  (Ord. 109, §19.)

Sec. 24-15.  Utility rates.

        The assessment and collection of rates for water, electric power, electric light, or for the production of service of any other plant or works which the City of St. James may own or operate, shall be under the control and supervision of the board of public works, from and after the establishment of such board as herein provided, and subject to the ordinances of the city.  (Ord. 109, §11.)

Sec. 24-16.  An MPUA Mutual Aid Agreement and an American Public Power Association/National Rural Electric Cooperative Association (APPA/NRECA) Federal Emergency Management Agency (FEMA) Agreement.

        The City Council of the City of St. James, Missouri hereby authorized the President of the Utility Board to sign a MPUA Mutual Aid Program Agreement by and between the City of St. James and the Missouri Public Utility Alliance and the APPA/NRECA FEMA Agreement. (Ord. 801)

Sec. 24-17.  Joining the Missouri Joint Municipal Electric Utility Commission.

        The City Council of the City of St. James, Missouri hereby authorized to enter into the Joint Contract with other municipalities for the purpose of joining a separate legal entity known as the Missouri Joint Municipal Electric Utility Commission in order to provide for the financing, acquisition and operation of the power generation, transmission and distribution facilities and resources required to meet the municipalities' electric power and energy requirements. The Joint Contract is in the form of the Joint Contract presented to this meeting and attached hereto as Exhibit A. The Mayor and City Clerk are hereby authorized to execute and deliver the Joint Contract in the form submitted as Exhibit A hereto.

       That the Mayor is hereby appointed as Director of the Commission and the Utility Superintendent is hereby appointed as Alternate Director. Said Director and Alternate Director shall perform such duties and functions as required by the provisions of the Joint Contract until replaced by this governing body. (Ord. 808, §§1-2; Ord. 899)

Sec. 24-18. Creating utility incentives for electric costs associated with commercial development.

       (a) A commercial development discount can be offered to cover a portion of the electrical consumption during the construction process of a commercial business within the City not to exceed 50 percent of the total electrical costs and not to exceed a six month period of time.

       (b) A commercial development rider can be offered for eligible projects providing up to a 10 percent reduction in electricity costs for up to a three-year period if presented by the Mayor of the St. James and approved by the St. James Municipal Utility Board. (Ord. 934)

Secs. 24-19 to 24-20.  Reserved.

ARTICLE I

BOARD OF PUBLIC WORKS

DIVISION 3.  FINANCES1

Sec. 24-21.  Public utility account.

        In the process of operating said utilities, as herein provided, it shall be the duty of the board of public works, through its servants and employees, to collect all sums due for services rendered, and on all accounts in connection with the operation of said utilities, and all sums so collected, shall be by the board, deposited to the credit of a special account, to be known as the "public utility account" in the bank acting as the city's depository, out of which account all bills and expenses in connection with the operation of said utilities shall be paid. 

        This public utility account shall be under the general control of said board of public works, and no sums shall be paid therefrom, except upon checks prepared and drawn by the secretary of the board of public works, and countersigned by the mayor and the city clerk.  (Ord. 109, §15.)

Sec. 24-22.  Capital improvements.

        Whatever remains in the public utility account, and whatever may accrue, shall be at the disposition of the board of public works for the operation of said public utilities, making improvements and betterments and extensions, and to do all things that in their judgment is for the best interest of the city and the public generally, and for the further purpose of paying all interest and demands on account of the indebtedness incurred for the purchase of the utilities by the city and to pay on the principal thereof, as may be.  It being the spirit and intent of this Ordinance to accumulate a fund for the discharge of the general purchase price of the utilities as speedily as may be, consistent with good operation of the system and good service to the public, and that this fund shall be at the disposition of said board of public works for above purposes.  (Ord. 109, §18.)

Sec. 24-23.  Audit.

        (a)   The city treasurer shall cause the books of all services managed by the board of public works to be audited in the month of May of each year.  (Ord. 369, §1.)

        (b)   The audit will show all moneys generated and all expenses incurred for the past year in each service's accounts.  (Ord. 369, §2.)

        (c)   The audit will show maintenance costs, capital improvements, cash on hand, all other items that meet accepted auditing standards of each account managed by the board of public works.  (Ord. 369, §3.)

Secs. 24-24 to 124-28.  Reserved.

ARTICLE I

BOARD OF PUBLIC WORKS

DIVISION 4.  EMPLOYEES

Sec. 24-29.  Appointment in general.

        (a)   Said board shall have the power to appoint a chief superintendent and such subordinates, including engineers, inspectors, clerks, assistants and other persons, as may be necessary, but the number of such additional appointees and the compensation of all employees and appointees of said board shall be as provided by ordinance.  (Ord. 109, §7.)

        (b)   The board of public works is authorized and empowered and it is made their duty, to select and employ all necessary employees to carry on and operate all public utilities under its control and to fix the hours, duties and compensation of all such employees, with a maximum limitations thereon as to number, and compensation paid.  (Ord. 109, §12.)

Sec. 24-30.  Salaries and expenses.

        All salaries of such board and all salaries of its employees shall be allowed and paid in the same manner that bills and salaries of other officers and employees of such city are allowed and paid.  (Ord 109, §8.)

Sec. 24-31.  Bond; specific.

        The board of public works shall give an indemnity bond to the City of St. James for the faithful performance of their  duties and the faithful accounting for all funds coming into their hands, in the sum of ten thousand ($10,000.00) dollars, the expense of which bond shall be paid out of said special  public utility account, and without expense to the individual members of said board.  (Ord. 109, §21.)

Sec. 24-32.  Employees and salary; general.

        It is intended that the board of public works shall exercise its discretion in the salaries to be paid within the limits herein prescribed.  (Ord. 285, §1.)

Sec. 24-33.  Clerks.

        Clerks not to exceed six.  (1977 Code)

Sec. 24-34.  Engineers.

        Engineers not to exceed two.  (1977 Code)

Sec. 24-35.  Inspectors.

        Inspectors not to exceed three.  (1977 Code)

Sec. 24-36.  Other employees.

        Other employees not to exceed fifteen.  (1977 Code)

Secs. 24-37 to 24-41.  Reserved.

ARTICLE II

UTILITY SERVICE

Sec. 24-42. Contract for utility service.

(a) Utility services include electric, natural gas, water, sewer, and trash pickup.

(b) Utility services will be billed and mailed monthly. If any bill for utilities is not paid by disconnect day, the utility services will be disconnected.

(c) Each person or business making application for utility services shall:

1. Complete a “Contract of Service” form at the Utility Office.
(a) Pay the required deposit.
(b) List every individual to reside at that address.
(c) Present a picture ID for each person listed on the Green Certificate of Deposit slip. (Ord. 969)


2. New residential electricity customers will pay a $300.00 deposit unless a twelve month credit/payment history is obtained from their previous utility supplier. If the credit/payment history has no delinquent entries, then the deposit will be $100.00.

(a) New $300.00 deposit customers paying on time for 12 months, with the presentation of their deposit certificate, may receive a $100.00 refund, and after 24 months of paying on time, with the presentation of their deposit certificate, may receive an additional $100.00 refund, which will leave a $100.00 deposit until final billing.

(b) Any delinquent account physically disconnected will have additional deposit requirements of $100.00. This will be paid before service is restored. This increase will be applied for each separate instance up to a total deposit of $300.00. Total deposit amounts so established will not be reduced and will be held until final billing.

3. Commercial customers will pay a deposit equaling an average of two months billing.
4. Industrial customer deposit will be subject to the Utility Board review.
5. Water only customers will pay a $50.00 deposit.
6. Prior delinquent account history will be in accordance with Section 24-45.

(d) Utility service shall be denied the applicant and the Police Department notified for any false information provided in the “Contract of Service.” (Ord. 969)

(e) A service charge of $25.00 will be charged for insufficient funds checks. (Ord. 937)

(f) It shall be a misdemeanor for any person or persons to tamper with or make any connection to any utility service without written permission from the city, or when such services have been discontinued for non-payment of a bill.

(g) In the case of a group (relatives or not) with a delinquent account in the name of one of them, the utility is not obliged to provide continued service at the place or new service at a new place in the name of another member of the group if the delinquent account holder, group member or any other person liable for payment of the delinquent bill(s) continues to occupy or receive benefit of the services provided at the place or any new place, unless arranagements are made to pay for the unpaid service at the place. (for penalty see Sec. 1-13) (Ord. 408; Ord. 788; Ord. 802; Ord. 937)

Sec. 24-43 Policy for delinquent utility customers.. (Utility board minutes July 1999 & Aug. 2004, Nov. 2008)

(a) Utility bills paid by cash, money order, sufficient funds check, ACH or debit/credit on or before the 15 th of each month are ten percent less than those paid after the 15 th of the month. (Ord. 813; Ord. 937; Ord. 969)

(b) Bills unpaid after the 15 th of the month will be scheduled for disconnection of services. (Ord. 969)

(c) Disconnect notices will be mailed to each delinquent customer announcing the date their services will be disconnected.

(d) On disconnect day customers will pay, in cash or debit/credit, the amount of the utility bill in full, a 10% penalty, and a service charge of $20.00, during office hours, or $50.00 after office hours. (Ord. 788; Ord. 813; Ord. 825; Ord. 937) (See also section 24-101)

Sec. 24-44 Policy for customers moving out of service area.

(a) The deposit made at the beginning of utility service shall be applied to the final bill.

(b) The balance of the deposit will be sent to the customer's forwarding address.

(c) The utility bill balance due amount will be sent to the customer's forwarding address.

(d) After 90 days any unpaid utility account will be sent to the collection agency.

(e) The customer will be responsible for all collection fees and/or attorney fees plus court costs and interest. (Ord. 788)

Sec. 24-45 Policy for delinquent account customers returning to this service area.

Any person or business moving away from the City of St. James leaving an unpaid utility bill shall upon return,

(a) Pay the balance of the amount they left owing plus collection and/or attorney fees.

(b) For their deposit they will be required to pay the greater of the amount left owing or the normal deposit as stated in Sec. 24-42(c). (Ord. 788)

Sec. 24-46 Dusk to dawn light fees. (Utility Board minutes Nov. 2008)

At the request of the customer and the order of the Utility Superintendent dusk to dawn lights may be installed at the following rates.

(a) $100.00 to set a new pole.
(b) $20.00 one time fee connecting dusk to dawn lamp to an existing pole.
(c) Monthly fee based on utility rates.
(Ord. 788; Ord. 829; Ord. 937)

Sec. 24-47.  Reserved.

ARTICLE III

WATER SERVICE

DIVISION 1.  GENERALLY

Sec. 24-48.  Access to premises.

        All water meters, and water fixtures, appliances and appurtenances, on private premises, connected with the City water system shall be open to inspection by the proper employees of the city at all reasonable and ordinary hours.  (Ord. 60, §6.)

Sec. 24-49.  Water tap fee. (Utility board minutes Nov. 2008)

        All persons making connection onto the water mains shall pay a water tap fee of $50.00 to the St. James Municipal Utilities.  (Ord. 60, §2; Ord. 788; Ord. 937)

Sec. 24-50.  Connections - Standards and procedures.

     Standards/Specifications:  

       (a) All connections of service pipe with the city water mains shall be made by tapping a corporation stop into the side of the water main and such tapping shall in no case be made nearer than 18 inches to a calked joint. 

       (b) The consumer will pay all cost of all material from this point for the tapping of the main.  The property owner will provide 3/4" K copper to meter.  The service pipe shall extend from the main to the meter setter which will be set just inside of the property line. (also refer to Sec. 24-63 below).

       (c) The meter shall be connected to such service line by standard fittings supplied with the meter.  The meter setter and the meter shall be set together in a vitrified meter box 18" in diameter with a regulation metal lid, said box to extend not less than two inches above the surface of the ground.  SDR 13.5 PVC plastic pipe can be used from the meter to the house or copper pipe.  No solder containing lead can be used. 

       (d) All valves, corporation cocks, curb cocks, meter settings, meter boxes and in general the entire installation from the main to and including the meter shall be inspected and approved by the water commissioner before water will be turned on the service. 

       (e) If any special connection with the water mains is required or any service that requires a larger size service pipe than 3/4 inch special instructions will be given the plumber or property owner for such connection by the City water commissioner.  (Ord. 60, §12; Ord. 515; Ord. 959 )

      Procedures:

       (a) All new construction of water mains and the water service lines from the main to the meter box at the edge of the property will be at the developer or owner expense. Upon approval of a Building Permit of a new building, the owner may install new service line from the newly constructed building and ONLY make connection to the meter with supervision of City Utilities after line from main to meter is flushed by City Utilities personnel.

       (b) Any deviation from these standards and procedures will require written approval by the Municipal Utilities Board. (Ord, 959)

Sec. 24-51.  Repairs and maintenance .

         (a) City Utilities will repair and/or maintain, at city expense, all service lines from the main to the owner's property line or to the meter whichever is the shortest distance from the main. Under no circumstances will the City Utilities make repairs or perform maintenance to service lines on private property.

       (b) Consumer will repair all leaky service pipes that are on their property and to any additional length of service line to the meter when the meter is located off their property.

       (c) Upon "Notice to Repair" consumers must have repairs completed within 10 calendar days from date of notice   (Ord. 60, §6; Ord. 959)

Sec. 24-52.  Wrongful withdrawal of water.

        Any person who shall turn the supply of water to a service pipe from which the supply has been turned off by the city on account of non-payment of water rates, or for any other reason without first having obtained a permit to do so from the proper city officers, shall be deemed guilty of a misdemeanor.  (Ord. 60, §7;  1977 Code)  (For penalty see section 1-13 and section 24-56;  See section 24-100 for unlawful sewer connections)

Sec. 24-53.  Liability for utility charges.

        The occupant and user of the premises receiving sanitary sewerage services and utility services combined shall be severally liable to pay for such services rendered on said premises.  The city shall have power to sue the occupant of such real estate in a civil action to recover any sum due for such services plus a reasonable attorney's fee to be fixed by the court.  (Ord. 199, §7.)

Sec. 24-54.  Water service terminated.

        The water commissioner shall, when parties are in arrears for water used, after said parties have had due and sufficient notice to pay up said arrearage and fail or refuse to do so, turn off the water from the premises of such users.  (Ord. 60, §11.)

Sec. 24-55.  Reconnection fee.

        (See also section 24-101.)   (Ord. 60, §11; Ord. 788) 

Sec. 24-56.  Violations.

        Any person failing, neglecting or refusing to comply with the provisions of this Article shall be deemed guilty of an Ordinance violation with a fine of not more than $500 and/or up to 90 days in jail.  (Ord. 60, section 13;  1977 Code; Ord. 959)

Sec. 24-57.  Fluoridation of water system.

        (a)   The public works director for the city of St. James, Missouri is hereby authorized and directed to provide a means and proceed with the establishment of fluoride ions into the public water supply of the city in such quantities as are required to provide throughout the distribution system, a fluoride concentration of approximately one part fluoride per million parts of water.

        (b)   The public works director shall keep an accurate record of the amount of fluoride bearing chemical applied to the quantities of water treated, and cause such analytical tests to be made for fluoride, in terms of the element "F" in the untreated and treated water supplies as directed by the Missouri Division of Health.

        (c)   The public works director is hereby authorized to submit application for the necessary fluoridation equipment and testing and to accept the same on behalf of the city of St. James, Missouri from the state of Missouri, Division of  Health, Missouri Department of Social Services.  (Ord. 449, §§1-3.)

Secs. 24-58 to 24-61.  Reserved.

ARTICLE III

WATER SERVICE

DIVISION 2.  WATER METERS

Sec. 24-62.  City to furnish meter.

        (a)   The city shall furnish any and all users of city water with a water meter, said meter to be paid for by the city, and water shall not be turned on any service pipe until such meter has been properly installed and such installation and equipment are approved by the water commissioner.  (Ord. 60, §2.)

        (b)   All meters furnished by the city are and shall remain the property of the city.  (Ord. 60, §3.)  (See section 24-56 for penalty)

Sec. 24-63.  Location of meter.

        (a) All meters shall be set in a suitable meter box, to be approved by the water commissioner and they shall be connected up under the directions of and in conformity with the rules and regulations of the water department under the supervision of the water commissioner.  (Ord. 60, §3.)  (See section 24-56 for penalty)

        (a) Meters will be located just within the owner's property line as indicated in Sec. 24-50 (b) above. (Ord. 959)

Sec. 24-64.  Meters not to be disturbed.

        No person, unless duly authorized by the city council or by the water commissioner, shall connect, remove, repair or otherwise disturb any water meter, and any person who shall violate the provisions of this section shall be deemed guilty of an Ordinance violation with a fine of not more than $500 and/or up to 90 days in jail.  (Ord. 60, §4;  1977 Code; Ord. 959)

Sec. 24-65.  Duty of occupants.

        The occupants of any building or premises where meter is located shall see that the meter is kept and remain free from obstruction on or around the same and is conveniently accessible at all times for the purpose of reading, inspecting or repairing.  The water shall be turned off from any meter that shall not be so kept, and shall not be turned on again until this section is complied with and the cost of turning water off and on paid.  (Ord. 60, §5.)  (See section 24-56 for penalty)

Sec. 24-65.2.  Duty of property owner regarding water meter.

        If the property owner has only one water meter with more than one renter the property owner is responsible for the total water bill of all occupants using water on that one meter. (Ord. 788)

Sec. 24-66.  One meter only.

        No additional water meter is to be installed to premises already having a water meter and water service in order to avoid paying a sewerage charge although the second requested meter would not be connected to the sewerage system.  (Ord. 199, §13.)

Sec. 24-67.  Reading of meters.

        The superintendent of the combined waterworks and sewerage system of the city or such other officers or representatives of the city as may be designated from time to time shall cause all water meters to be read and bills for sanitary sewerage services 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 office of the St. James municipal utilities, during the regular hours of business.  The superintendent, or other persons designated, may calculate the amount of each bill for sanitary sewerage services and may add the same to the amount of the bill of the customer for utility services and render such customer a combined bill for such utilities and sewerage services.  (Ord. 199, §4.) 

Sec. 24-68.  Mailing utility bills.

        Utility services will be billed and mailed monthly. If any bill for utilities is not paid by disconnect day, the utility services may be disconnected.  (Ord. 199, §5; Ord. 788)

Secs. 24-69 to 24-73.  Reserved.

ARTICLE III

WATER SERVICE

DIVISION 3.  WATER RATES

Sec. 24-74.  General.

        (a)   That on and after the passage and approval of this Ordinance by the city council and mayor of the City of St. James, all water sold or furnished by said city shall be paid for at the meter rate hereinafter fixed.  (Ord. 60, §1.)

        (b)   On and after the passage and approval of this Ordinance, the water rates or water taxes shall be collected monthly, and shall fall due on the first day of each month.  (Ord. 60, §8.)

Sec. 24-75.  Water only service deposit.

        A deposit of $50.00 for water only customers will be charged.  (Ord. 60, §10; Ord. 788)

Sec. 24-76.  Meter failure.

        In case water meter fails to register from any cause, the amount charged for water during such period shall be estimated by the water commissioner, such estimates to be based on the average amount registered during a like period, and in case the estimate of the water commissioner is unsatisfactory to the consumer, he may appeal to the city council.  (Ord. 60, §9.)

Sec. 24-77.  Bulk Water Rate .

        A minimum rate of $6.00 for the first 3,000 gallons or a fraction thereof plus an additional 0.20 cents per 100 gallon thereafter. (Ord. 982, §1.)

Secs. 24-77 to 24-81.  Reserved.

ARTICLE III

WATER SERVICE

DIVISION 4.  REGULATIONS ON WATER SERVICE CONSTRUCTION

Sec. 24-82.  Minimum diameter on new or extended water lines.

        (a)   All newly constructed water lines or extension of existing water lines shall be as a minimum of six (6) inches in diameter.

        (b)   Any and all ordinances or parts thereof contrary to the above requirement is hereby repealed and of naught held.  (Ord. 426, §§1-2.)

Secs. 24-83 to 24-87.  Reserved.

ARTICLE IV

PUBLIC SEWER SYSTEM

DIVISION 1.  GENERALLY

Sec. 24-88.  Definitions.

        Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

        (a)   BOD- "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20oC, expressed in milligrams per liter.  (Ord. 399, Art. 1, §1.)

        (b)   Building drain- "Building drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.  (Ord. 399, Art. 1, §2.)

        (c)   Building sewer- "Building sewer" shall mean the extension from the building drain to the public sewer or other place of disposal.  (Ord. 399, Art. 1, §3.)

        (d)   Combined sewer- "Combined sewer" shall mean a sewer receiving both surface runoff and sewage.  (Ord. 399, Art. 1, §4.)

        (e)   Garbage- "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.  (Ord. 399, Art. 1, §5.)

        (f)    Industrial wastes- "Industrial wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.  (Ord. 399, Art. 1, §6.)

        (g)   Inspector- "Inspector" shall mean the person or persons duly authorized by the city, to inspect and approve the installation of building sewers and their connection to the public sewer system.  (Ord. 204, §1.)

        (h)   Natural outlet- "Natural outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.  (Ord. 399, Art. 1, §7.)

        (i)    Person- "Person" shall mean any individual, firm, company, association, society, corporation, or group.  (Ord. 399, Art. 1, §8.)

        (j)    pH- "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.  (Ord. 399, Art. 1, §9.)

        (k)   Properly shredded garbage- "Properly shredded garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension.  (Ord. 399, Art. 1, §10.)

        (l)    public sewer- "public sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.  (Ord. 399, Art. 1, §11.)

        (m)    Sanitary sewer- "Sanitary sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwater are not intentionally admitted.  (Ord. 399, Art. 1, §12.)

        (n)   Sewage- "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.  (Ord. 399, Art. 2, §13.)

        (o)   Sewage treatment plant- "Sewage treatment plant" shall mean any arrangement of devices and structures used for treating sewage.  (Ord. 399, Art. 1, §14.)

        (p)   Sewage works- "Sewage works" shall mean all facilities for collecting, pumping, treating and disposing of sewage.  (Ord. 399, Art. 1, §15.)

        (q)   Sewers- "Sewer" shall mean a pipe or conduit for carrying sewage.  (Ord. 399, Art. 1, §16.)

        (r)    Shall/may- "Shall" is mandatory;  "May" is permissive.  (Ord. 399, Art. 1, §17.)

        (s)   Slug- "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.  (Ord. 399, Art. 1, §18.)

        (t)    Storm drain- "Storm drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.  (Ord. 399, Art. 1, §19.)

        (u)   Superintendent- "superintendent" shall mean the superintendent of Sewage Works and/or Water Pollution Control of the City of St. James, or his authorized deputy, agent, or representative.  (Ord. 399, Art. 1, §20.)

        (v)   Suspended solids- "Suspended solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.  (Ord. 399, Art. 1, §21.)

        (w)  Watercourse- "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently.  (Ord. 399, Art. 1, §22.)

Sec. 24-89.  Access to premises.

        (a)   The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance.  The superintendent, or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.  (Ord. 399, Art. 1, §1.)

        (b)   While performing the necessary work on private properties referred to in section 24-89(a) above, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 24-126.  (Ord. 399, Art. 7, §2.)

        (c)   The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement.  All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.  (Ord. 399, Art. 7, §3.)

Sec. 24-90.  Permit required.

        No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.  (Ord. 399, Art. 4, §1.)

Sec. 24-91. Permit and inspection fees.

        There shall be two (2) classes of public sewer system building permits, residential and commercial service and service to establishments producing industrial wastes. In either case the owner or his agent shall make application supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. Fees are to be paid to the city at the time the application is filed.

        (a) $50.00 Residential and commercial building sewer permit and inspection fee.

        (b) $50.00 Industrial building sewer permit and inspection fee. (Ord. 399, Art. 4, §2; Ord. 937)

Sec. 24-92.  Inspection.

        The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer.  The connection shall be made under the supervision of the superintendent or his representative.  (Ord. 399, Art. 4, §10.)

Sec. 24-93.  Each building to have separate connection.

        (a)   A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.  (Ord. 399, Art. 4, §4.)

        (b)   Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this ordinance.  (Ord. 399, Art. 4, §5.)

Sec. 24-94.  Regulating private sewer connections.

        (a)   Where a public sanitary or combined sewer is not available under the provisions of section 15-1, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this code.  (Ord. 399, Art. 3, §1.)

        (b)   Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the superintendent.  The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent.  A permit and inspection fee of five ($5.00) dollars shall be paid to the city at the time the application is filed.  (Ord. 399, Art. 3, §2.)

        (c)   A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent.  He shall be allowed to inspect the work at any state of construction and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered.  The inspection shall be made within two (2) hours of the receipt of notice by the superintendent.  (Ord. 399, Art. 3, §3.)

        (d)   The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the department of public health of the State of Missouri.  No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 43,560 square feet (square meters).  No septic tank or cesspool shall be permitted to discharge to any natural outlet.  (Ord. 300, Art. 3, §4.)

        (e)   At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 24-94(d) a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.  (Ord. 399, Art. 3, §5.)

        (f)    The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.   (Ord. 399, Art. 3, §6.)

        (g)   No statement contained in this code shall be construed to interfere with any additional requirements that may be imposed by the health officer.  (Ord. 399, Art. 3, §7.)

Sec. 24-95.  Property owner to pay expenses of construction, etc.

        All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner.  The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.  (Ord. 399, Art. 4, §3.)

Sec. 24-96.  Sewer connection outside corporate limits of the city.

        No person shall be permitted to connect any sewer line to any part of the sewer system of the city which lies outside the corporate limits of the city, except the mayor may, with the consent of the City Council, issue a permit authorizing the connection of sewer lines outside the corporate limits of the city to the city sanitary sewer system, under the following conditions:

        (a)       The owner of the land shall submit a petition for annexation of the land into the city;

        (b)       The parcel of property shall be developed and used in accordance with the Plans for its land use adopted by the City Council and approved by the mayor. If no plans for its land use have been adopted and approved at the time of the application for service, then the service shall not be permitted until plans have been adopted and approved;

        (c)       Except as otherwise provided by the mayor and City Council, the parcel of property shall be developed in accordance with city specifications and standards as though the property were within the city's limits;

        (d)       The sewer connection fees, of $4,000.00 per residential tap shall be paid in advance;

        (e)       The owner of the premises to be served is subject to a monthly sewer use fee that will be established as follows:

                    (1) If the applicant has a separate water supply system, which serves more than one user, the applicant shall install a master meter on his main water distribution system to specifications approved by the city. This meter shall be read by the city and the applicant shall be charged a monthly fee that is equal to the corresponding fee paid for premises situated within the corporate limits.

                    (2) If the applicant has an individual water supply, which serves one residence only, the city reserves the right to establish an annual sewer use fee without setting an individual water meter and the fee shall be equal to the rate of the corresponding annual use fee paid for premises situated within the corporate limits.

        (f)        The owner shall be responsible for construction of all sewer mains, together with all individual service lines. The city may at its option arrange for the sewer mains and have the owner or owners pay all associated cost for the installation in advance;

        (g)       Detailed plans for the applicants proposed sewer system shall be submittedto the city for approval by the mayor. If the system is already constructed, as-built plans must be finished for review. The city may at its option arrange for the sewer main plans or as-built plans and have the owner or owners pay all associated cost for the preparation in advance;

        (h)       The owner shall authorize right of entry by the city representative or agent at any time, for the purpose of inspecting and testing the owner's sewer system or to perform work to correct or improve such sewer system;

        (i)        The owner shall correct, repair or alter, within a specified time period, any portion of the sewer line found to be defective by the city's representative or agent upon verbal or written notice by the mayor or his representative. In the event the owner fails to meet the specified time schedule to correct such sewer system the city may perform such corrective work and the owner shall compensate the city for such work in an amount equal to the actual cost to the city or by a contractor;

        (j) Upon completion of construction of the sewer line and the fulfillmentof all special conditions set by the city, the owner shall dedicate a perpetual maintenance easement to the city, including the ownership of the system. At that time, the city shall allow the connection and shall operate and maintain the new collection system;

        (k)       All sanitary sewer lines permitted by this section shall comply with all city ordinances governing the installation of sanitary sewers within the corporate limits of the city;

        (l)        The city reserves the right to cut off or disconnect any connection made under the provisions of this section in the event the charges or fees required by the chapter become delinquent or in the event of a violation of the provisions of the chapter. (Ord. 201, §1 & §2; Ord. 739)

Sec. 24-97.  Dangerous wastes.

        No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance.  In forming his opinion as to the acceptability of these wastes, the superintendent will give consideration to such factors as the qualities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.  The substances prohibited are:

        (a)   Any liquid or vapor having a temperature higher than one hundred fifty (150oF) degrees Fahrenheit (65oC).

        (b)   Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150oF) degrees Fahrenheit (0 and 65oC).

        (c)   Any garbage that has not been properly shredded.  The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent.

        (d)   Any waters of wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

        (e)   Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent for such materials.

        (f)    Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the superintendent as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

        (g)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.

        (h)   Any waters of wastes having a pH in excess of (9.5).

        (i)    Materials which exert or cause:

                (1)   Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate).

                (2)   Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

                (3)   Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

                (4)   Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

        (j)    Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.  (Ord. 399, Art. 5, §4.)

Sec. 24-98.  Unlawful disposal in sewers.

        (a)   Connections with a cesspool or a privy vault shall not be made into a sanitary, or storm water sewer.  (Ord. 61, §3.)

        It shall be unlawful for any person to discharge into a house sewer or to tap a house sewer for the purpose of discharging into it any waste or drainage water prohibited by the provisions of this section.  (Ord. 61, §3.)

        Any existing connections in violation of the provisions of this section shall be abandoned and removed.  (Ord. 61, §3.)  (See section 24-104 for penalty)

        (b)   No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.  (Ord. 399, Art. 5, §1.)

        Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent.  Industrial cooling water or unpolluted process waters may be discharged on approval of the superintendent, to a storm sewer, combined sewer, or natural outlet.  (Ord. 399, Art. 5, §2.)

        No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.  (Ord 399, Art. 4, §8.)

        (c)   No person shall discharge or cause to be discharged to any public sewer, any harmful waters or wastes, whether liquid, solid or gas, capable of causing obstruction to the flow in sewers, damage or hazard to structures, equipment and personnel of the sewage works, or other interference with the proper operation of the sewage works.  (Ord. 204, §5B.)

        (d)   The admission into the public sewers of any waters or wastes having harmful or objectionable characteristics shall be subject to the review and approval of the superintendent, who may prescribe limits on the strength and character of these waters and wastes.  Where necessary, in the opinion of the superintendent, the owner shall provide at his expense, such preliminary treatment as may be necessary to treat these wastes prior to discharge to the public sewer.  Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the said superintendent and of the state board of health, and no construction of such facilities shall be commenced until said approval is obtained in writing.  Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.  (Ord. 204, §5C.)

        (e)   When required by the superintendent, the owner of any property served by a building sewer carrying industrial wastes shall install and maintain at his expense a suitable control manhole in the building sewer to facilitate observation sampling and measurement of the wastes.  All measurements, tests, and analyses of the characteristics of waters and wastes shall be determined in accordance with "Standard Methods for the Examination of water and Sewage", and shall be determined at the control manhole or upon suitable samples taken at said control manhole.  In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.  (Ord. 204, §5D.)

        (f)    Grease, oil, and sand interceptors shall be provided when, in the opinion of the said Inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amount, or any flammable wastes, sand, and other harmful ingredients  except that such interceptors shall not be required for private living quarters or dwelling units.  Where installed they shall be maintained by the owner, at his expenses, in continuously efficient operation at all times.  (Ord. 204, §5E.)  See section 24-104 for penalty)

        (g)   No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

                (1)   Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

                (2)   Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/1 as CN in the wastes as discharged to the public sewer.

                (3)   Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable to causing damage or hazard to structures, equipment, and personnel of the sewage works.

                (4)   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, ungrounded garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

                (5)   Any waters or wastes having (1) a 5-day BOD greater than 300 parts per million by weight, or (2) containing more than 350 parts per million be weight of suspended solids, or (3) having an average daily flow greater than 2 percent of the average sewage flow of the city, shall be subject to the review of the superintendent.  Where necessary in the opinion of the superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes.  Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the superintendent and no construction of such facilities shall be commenced until such approvals are obtained in writing.  (Ord. 399, Art. 5, §3.)  (See also Sec. 24-112.)

Sec. 24-99.  Special disposal agreement.

        (a)   If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 24-97 and which in the judgment of the superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the superintendent may:

                (1)   Reject the wastes;

                (2)   Require pretreatment to an acceptable condition for discharge to the public sewers;

                (3)   Require control over the quantities and rates of discharge; and/or

                (4)   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 24-99(b).

        If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent and subject to the requirements of all applicable codes, ordinances and laws.  (Ord. 399, Art. 5, §5.)

        (b)   No statement contained in this code shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial concern.  (Ord. 399, Art. 5, §10.)

Sec. 24-100.  Unlawful connections.

        It shall be a misdemeanor for any person or persons to tamper with or make any connection to any utility service without written permission from the city, or when such services have been discontinued for non-payment of a bill unless such bill for services has been paid in full. (For penalty see Sec. 1-13.) (Ord. 199, §8; 1977 Code; Ord. 788) 

Sec. 24-101.  Reconnection fees.

        When utility services are discontinued because of non-payment or for any other causes, service will only be reconnected after customer pays, in cash, the bill in full plus a 10% penalty and a reconnect fee of $10.00 during office hours or $30.00 after office hours.  (Ord. 199, §6; Ord. 620; Ord. 825)  (See also section 24-43(d).)

Sec. 24-102.  Testing.

        All measurements, tests, and analyses of the characteristics or waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American public health association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole.  In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.  Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.  (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken.  Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH's are determined from periodic grab samples.)  (Ord. 399, Art. 4, §9.)

Sec. 24-103.  Unconstitutionality clause.

        The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.  (Ord. 399, Art. 9, §2.)

Sec. 24-104.  Violation.

        Any person found to be violating any provision of this ordinance except section 18-84 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender shall, within the period of time stated in such notice, permanently cease all violations.  (Ord. 399, Art. 8, §1.)

        Any person who shall continue any violation beyond the time limit provided for above shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not less than twenty-five ($25.00) dollars and not more than one hundred ($100.00) dollars for each violation.  Each 24-hour period in which any such violation shall continue shall be deemed a separate offense.  (Ord. 399, Art. 8, §2.)

        Any person violating any of the provisions of this ordinance shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation.  (Ord. 399, Art. 8, §3.)

Secs. 24-105 to 24-109.  Reserved.

PUBLIC SEWER SYSTEM

DIVISION 2.  SEWER CHARGES

Sec. 24-110.  General.

        (a)   There is hereby established a user's fee of the sum of eighteen cents per 100 gallons discharged by a user into the municipal sewer system.  The volume so discharged shall be determined by and based upon monthly water meter readings.  The user fee shall be billed monthly on the statements used by the St. James Municipal Utilities Department, and shall be shown as a separate charge and entry thereon.  There is hereby established a minimum monthly charge of $5.40 based on a standard usage of 3,000 gallons of water per month.  Any user desiring a determination of waste water discharge may at their own expense install and maintain a wastewater meter.  And upon request, such user may have the user charge provided for herein based upon such a wastewater meter.  (Ord. 400, §2;  Ord. 443, §1; Ord. 621; Ord. 924)

        (b)   Any user who causes discharge to be made into the municipal sewer system from a well or other private water supply, shall be charged based upon metered city water, or, the city, at its option, may require such user to install at their own expense, a wastewater meter to measure the amount of wastewater discharge, or, at the user's option, to install a water meter at the private well or source of water, and be billed accordingly.  (Ord. 400, §3.)

        (c)   All persons making connection onto the sewer mains shall pay a sewer tap fee of $50.00 to the St. James Municipal Utilities. (Ord. 937)

Sec. 24-111.  Reserved.

Sec. 24-112.  Toxic pollution surcharge.

        (a)   Surcharge established- No persons shall discharge any toxic pollutants to the sanitary sewerage system.  Any person violating the terms of this Ordinance shall be fined not less than twenty five ($25.00) dollars or more than one hundred ($100.00) dollars for each occurrence.  Any such discharge shall be deemed a violation for each day of such discharge.  Any user so discharging any toxic pollutant or nondomestic waste which shall cause an increase in the cost of operation and maintenance of the sewerage treatment works shall be further charged by way of an increase of user fee for the increased cost attributable to such discharge.  The board of public works of the City of St. James shall determine any such additional charge for each violation of this Ordinance after requesting an estimate of the increase in the operation and maintenance cost from the superintendent of the sewerage treatment system.  Any person discharging wastewater in concentration in excess of the defined normal domestic waste strength shall be charged a surcharge in accordance with the surcharge formula attached to this Ordinance.  The City of St. James may provide sewerage services outside the incorporated limits of the City of St. James by entering into a written agreement with the prospective user, whereby said user by contract binds and commits himself to the provisions of this Ordinance and all other Ordinances of the City of St. James pertaining to the use of the sanitary sewer system.  Any violation of the terms of this Ordinance or any other Ordinance governing the use of the sanitary sewer system by users located outside the city limits of the City of St. James may cause discontinuance of said sewer system by any persons so violating these Ordinances, in the discretion of the board of public works of the City of St. James.  (Ord. 400, §7.)

        (b)   Surcharge for discharge of stronger than normal wastes- Scope:  The surcharge discussed herein shall apply to users of the St. James, Missouri sanitary sewer system which discharges wastes having higher than normal concentrations of BOD and Suspended Solids.  This surcharge does not include any additional costs or fines resulting from the discharge of toxics, metals, or other types of non-domestic wastes.  The City of St. James shall have the right, as provided for in the Sewer Use Ordinance, to enter all properties for the purpose of sampling wastes to determine if the Average Waste Strength exceeds the Normal Domestic Waste Strength as defined below.

        DefinitionNormal Domestic Waste Strength, as referred to in section 24-112(a) shall be the waste strength originating from typical residential users.  This waste shall be defined as containing no toxics, or other substances forbidden by the Sewer Use Ordinance, and have a concentration of BOD and Suspended Solids not exceeding 250 mg/1 and 300 mg/1, respectively.  The concentration limits defined above shall be changed by amending this Appendix if representatives test results indicate that the average strength varies significantly from the defined limits.

        Test procedure for determining waste concentrationsWhen, in the opinion of the superintendent, the waste strength from a user may exceed the Normal Domestic Waste Strength as defined above, the actual average concentration of BOD and Suspended Solids shall be determined by laboratory tests.  These tests shall be performed according to the procedures given in the latest edition of Standard Methods for the Examination of Water and Wastewater.  The city, at its option, may either perform the necessary tests, or require the user to monitor its own waste concentrations.  Where self-monitoring is employed, the user may be required to furnish the city with duplicate wastewater samples so that test results may be verified periodically.  The superintendent shall require a sufficient number of samples to obtain a reasonable estimate of the actual waste strength.  Composite samples may be required when considered necessary by the superintendent.  As a minimum, one grab sample per month shall be collected and analyzed.  All samples shall be collected at a time when the user's waste discharge is representative of normal conditions.

        FormulaA sewer use surcharge shall be levied in accordance with the following formula for persons discharging waste stronger than the defined Normal Domestic Waste Strength.  This surcharge shall be in addition to the regular sewer use charge require this chapter.

        Surcharge (in dollars) - V (C1(B-N1) + C2 (S-N2))

        Where V is volume of water used in 1000's of gallons per month.

        C1 is the unit cost of treating BOD = 0.0004 $/1000 gal. per mg/1.

        B is the average BOD concentration of the user's waste discharge during the month (mg/1)

        N1 is the defined BOD concentration for Normal Domestic Waste Strength = 250 mg/1.

        C2 is the unit cost of treating suspended solids = 0.0004 $/1000 gal. per mg/.

        S is the average suspended solids concentration of the user's waste discharge during the month (mg/1).

        N2 is the defined suspended solids concentration for Normal Domestic Waste Strength = 300 mg/1.

        Changes in surchargeThe sewer use surcharge may be modified by amending this Appendix for either of the following reasons:

                (1)   As discussed previously, the defined Normal Domestic Waste Strength for BOD and/or Suspended Solids shall be changed if representative samples and test results indicate a significant variation between the actual waste concentrations and the assumed values.  This would result in changing N1 and N2 in the formula above.

                (2)   The surcharge shall be changed whenever it is found necessary to adjust the regular sewer use charge.  The unit costs of treatment (C1 and C2 in the above formula) shall be adjusted by the same percentages as the regular user charge.  (Ord. 400, Appendix 1.)

        (c)   Excessive strength surcharge computation- This surcharge is to apply to waste discharges containing concentrations of BOD and Suspended Solids stronger than the defined Normal Domestic Waste Strength.  The total annual cost of treatment has been estimated at twenty seven thousand eight hundred  ($27,800.00) dollars.  This cost has been divided into three areas:  BOD, Suspended Solids, and flow.  The estimated split between these three areas is as follows:

                                                BOD                                       30%

                                                Suspended Solids                35%

                                                Flow                                       35%

                                                Total                                       100%

        The model formula is as follows:

        Surcharge = V(C1(B-N1) + C2(S-N2))

        Where V is volume of water used in 1000's of gallons per month.

                C1 is the unit cost of treating BOD = 0.0004.

                B is the average BOD concentration of the user's waste discharge during the month (mg/1)

                N1 is the defined BOD concentration for Normal Domestic Waste Strength = 250 mg/1.

                C2 is unit cost of treating suspended solids = 0.00035.

                S is the average suspended solids concentration of the user's waste discharge during the month (mg/1).

                N2 is the defined suspended solids concentration for Normal Domestic Waste Strength = 300 mg/1.

        Rewriting the formula with constants inserted gives:

                Surcharge = V(0.0004 (B-250) + 0.00035 (S - 300))

        The values for C1 and C2 were determined by dividing the cost of treatment by the estimated present loadings for BOD and Suspended Solids.

        Unit cost of treating BOD = .30 x $40,800 ($/yr) = 0.046 ($/1b)

                                                      732 (1b/day) x 365 (day/yr)

        Converting to proper units

                C1 = 0.046($/1b) x 3790 (Liter/1000 gal) + 0.0004

                         450,000 (mg/1b)

        Unit cost of treating S.S. = 35 x 40,800($/yr) = 0.45 ($.1b)

                                                     880 (1b/day) x 365 (day/yr)

        Converting to proper units

                C2 = 0.045 ($/1b) x 3790 (Liter/1000 gal)  = 0.0004

                                      450,000 (mg/1b)

        Sample Calculation:  Suppose a user discharges waste having a concentration with an average strength of 600 mg/1 BOD and 450 mg/1 suspended solids.  His monthly water billing gives a usage of 20,000 gal.  Compute the user's sewer charge for this month.

        Regular User Charge = $0.42 x 20-1,000 gal. = $8.40

        Surcharge = V (0.0004 (B-250) + 0.0004 (S-300))

                          = 20 (0.0004(600-250) + 0.0004 (450-300)) = $4.00

        Total Monthly Charge = $8.40 + $4.00 = $12.40.

Sec. 24-113.  Free service prohibited.

        No sewerage service shall be furnished or rendered free of charge to any person, firm or corporation. (Ord. 199, § 3.)

Sec. 24-114.  Sewer bills for landlord.

        In such cases where a property owner pays the water bill for his tenants, but the tenants pay their individual electric bills and will be charged the sewerage charge, and the property owner does not use the sewer in any way for personal or commercial use, there will not be a sewer charge attached to the water bill of the property owner.  (Ord. 199,. §14.)

Sec. 24-115.  Unconstitutionality clause.

        The invalidity of any section, paragraph, sub-paragraph, sentences, clause, phrase or other part hereof shall not affect the validity of any other part of this Ordinance which can be given without such invalid part or parts.  (Ord. 199, §10.)

Sec. 24-116.  Establishing access fee areas.

        (a)   For recouping cost of extending sewers into unsewered areas of the City of St. James the City Council shall establish by ordinance access fee areas.

        (b)   The Mayor with the approval of the City Council shall establish the boundaries of the access fee area, determine the appropriate access fee and cause the sewer to be constructed.  (Ord. 744)

Sec. 24-117.  Out of city limits base sewer charge. (April 2001, tility Board minutes)

        When sewer is hooked up out of the city limits because of an easement granted to the city an $8.00 base charge will be assessed plus $2.00 for each additional bedroom. (Ord. 788)

Secs. 24-118 to 24-120.  Reserved.

ARTICLE IV

PUBLIC SEWER SYSTEM

DIVISION 3.  REGULATIONS ON SEWER CONSTRUCTION

Sec. 24-121.  Specifications.

        (a)   Building sewer- The building sewer from the house to the main sewer shall be no smaller than four inch (4") and of either plastic DWV Schedule 40 and/or SDR 34, or Vitrified Clay Sewer Pipe and Fittings meeting the current A.S.T.M. Specifications for Standard or Extra Strength Clay Sewer Pipe or Extra Heavy Cast Iron Soil Pipe meeting the current A.S.T.M. Specifications or the Department of Commerce Commercial Standards for Extra Heavy Cast Iron Soil Pipe and Fittings.  If installed in filled or unsuitable ground, the building sewer shall be of cast iron soil pipe, except that vitrified clay pipe or plastic DWV 40 may be accepted if laid on a suitable improved bed or cradle as approved by the Inspector.  (Ord. 349A, §1.)  (See also Sec. 5-5(c) and (g).)

Sec. 24-122.  Size, slope.

        The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city.  In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply and diameter shall not be less than four (4) inches, and the slope shall be not less than one-eighth (1/8) inch per foot, and one-fourth (1/4) inch per foot shall be used wherever practicable.  (Ord. 399, Art. 4, §6.)

Sec. 24-123.  Elevation.

        Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.  In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.  (Ord. 399, Art. 4, §7.)

Sec. 24-124.  Connections.

        The connection of the building sewer into the public sewer shall be by permit and shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the S.P.C.F. Manual of Practice No. 9.  All such connections shall be made gastight and watertight.  Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.  (Ord. 349, Art. 4, §9.)

Sec. 24-125.  Grease trap.

        Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall to be required for private living quarters or dwelling units.  All interceptors shall be of a  type and capacity approved by the superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.  (Ord. 399, Art. 5, §5.)

Sec. 24-126.  Preliminary treatment on storm equalizing facilities.

        Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.  (Ord. 399, Art. 4, §7.)

Sec. 24-127.  Control manhole.

        When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes.  Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent.  The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.  (Ord. 399, Art. 5, §8.)

Sec. 24-128.  Traps.

        All building sewers shall have at least one trap and cleanout.  (Ord. 399, Art. 5, §12.)

Secs. 24-129 to 24-133.  Reserved.

ARTICLE V

WATERWORKS AND SEWER SYSTEM

Sec. 24-134.  Water and sewer systems combined.

        (a)   It is hereby found,  determined and declared to be necessary for the public health, safety, welfare and benefit of the City of St. James, Missouri, and its inhabitants that the existing waterworks of said city and the existing sewerage system of said city and all future improvements and extensions thereto, be combined and that they shall thenceforth be operated and maintained as a combined waterworks and sewerage system.  (Ord. 185A, §1.)

        (b)   Thenceforth, from and after the final passage of this Ordinance, the existing waterworks of the City of St. James, Missouri, and the existing sewerage system of said city, and all future improvements and extensions thereto, whether to the waterworks or to the sewerage system or to both, shall be and the same are combined and it is hereby declared that said waterworks and said sewerage system, and all future improvements and extensions thereto as aforesaid, thenceforth be operated and maintained as a combined waterworks and sewerage  system.  (Ord. 185A, §2.)

Secs. 24-135 to 24-139.  Reserved.

ARTICLE VI

NATURAL GAS SYSTEM

Sec. 24-140.  Construction and operation of a municipally owned natural gas distributing system.

        WHEREAS: Natural Gas will become available to the City of St. James, and;

        WHEREAS: the Board of Public Works has in its research and feasibility study become convinced that the operation of a municipally owned system can be assumed by the Utilities Department of the City, and;

        WHEREAS: The municipally owned system offers an opportunity for additional revenue for the City and the City's growth, now;

        THEREFORE, BE IT RESOLVED THAT THE ORDINANCE BE APPROVED, AUTHORIZING THE MAYOR TO SIGN IT TO BECOME EFFECTIVE IMMEDIATELY ON THIS DATE JANUARY 13, 1992.  (Ord. 517)

Sec. 24-141.  Municipal Gas Commission of Missouri.

        (a)   That the City of St. James, Missouri is hereby authorized to enter into the Joint Contract with other municipalities for the purpose of joining a separate legal entity known as the Municipal Gas Commission of Missouri in order to provide for the financing, acquisition and operation of natural gas production, transmission and distribution facilities and resources and for joint purchases of natural gas as required to meet the natural gas requirements of their respective municipal natural gas utility systems. The joint contract is in the form of the Joint Contract presented to this meeting and attached hereto as Exhibit A. The Mayor and City Clerk are hereby authorized to execute and deliver the Joint Contract in the form submitted as Exhibit A hereto.

        (b)   That Jim Holt is hereby appointed a Director of the Commission and LaDonna Bailey is hereby appointed an Alternate Director. Said Director and Alternate Director shall perform such duties and functions as required by the provisions of the Joint Contract until October 1, 2003, unless sooner replaced by this governing body.  (Ord. 722, §§ 1-2)

Sec. 24-142.  Natural gas connect fees. (Utility board minutes May 1995, Nov. 2008)

        There shall be a charge for connection to natural gas and an extra charge to light the pilot as follows:

        (a) $125.00 connect fee for Natural Gas.
        (b) $20.00 charge to light pilot lights. (Ord. 788; Ord. 937)

Secs. 24-143 to 24-145.  Reserved.

ARICLE VII

UTILITY RATE ORDINANCE

Sec. 24-146.  Residential Electric Service. (R-2015)

      The following monthly rates TO BE EFFECTIVE WITH THE MARCH 2015 BILLING CYCLE shall be charged for electrical energy furnished by the City:

      (a)      FEES:

This rate is applicable to residential dwellings as hereinbefore defined for all domestic purposes only.  This rate is not available to that portion of any residential dwelling used for business or professional purposes.

               Residential Rate (R-2015) – Net Monthly Rate:
               $10.12 for the first 50 kWh
               $0.1288324/kWh for the next 250 kWh
               $0.10120986/kWh for the next 1,200 kWh
               $0.08537876/kWh for all over 1,500 kWh

      (b)     PAYMENT:

The above rate and minimum bill apply only in case a bill is paid on or before the first working day after the 15th day of the billing month.  If not so paid, the gross rate, which is the above rate and minimum bill, plus 10% then applies.

      (c)      CONDITION OF SERVICE:

1.      Voltage, phase and frequency of energy supplied under this schedule shall be as specified by the City.

2.      Service under this schedule shall be furnished for the sole use of the customer and shall not be resold or sub metered.

3.      Service shall be supplied through a single meter unless authorized by the City.  At the request of the customer, separate meters may be retained, in which case each meter shall be billed as a separate customer.

4.      Welding, X-ray, or other equipment characterized by severe or fluctuating demands, shall not be served under this schedule. 

5.      The City shall disconnect customers whose electric bills have not been paid on or before the first working day after the 3rd day of the following billing month. A service charge of $20.00 during the work day and $50.00 after hours will be made to any customer requesting to be reconnected.

6.      All electric motor driven devices of 1-1/2 HP capacity or larger must be operated on a nominal voltage of 208 volts or higher.

7.      Rate subject to power cost adjustment.
(Ord. 938, §1; Ord. 1039, §1, Ord. 1057, §1, Ord. 1064, §1)

Sec. 24-147.  Small commercial electric service. (SC-2015)

      The following monthly rates TO BE EFFECTIVE WITH THE MARCH 2015 BILLING CYCLE shall be charged for electrical energy furnished by the City:

            (a)         FEES:

      The character of service shall be single or 3-phased, 60 Hz and at one standard delivery voltage, applicable to a commercial user and available at consumer’s service location, whose average usage monthly energy usage is less than 10,000 kWh per month.
              Commercial Rate (SC-2015) – Net Monthly Rate:
               $18.22 for the first 100 kWh
               $0.1233734/kWh for the next 1,900 kWh
               $0.08548794/kWh for the next 8,000 kWh
               $0.0889817/kWh for all over 8,000 kWh

      (b)     PAYMENT:

      The above rate and minimum bill apply only in case a bill is paid on or before the first working day after the 15th day of the billing month. If not so paid, the gross rate, which is the above rate and minimum bill, plus   10 % then applies.

      (c)      CONDITION OF SERVICE:

1.     Voltage, phase and frequency of energy supplied under this schedule shall be as specified by the City.

2.     Service under this schedule is furnished for the sole use of the customer and there shall be no sub metering or resale of service, unless otherwise authorized by the City.

3.     Service shall be supplied through a single meter unless authorized by the City.  At the request of the customer, separate meters may be retained, in which case each meter shall be considered a separate customer. Polyphase service, metered separately, shall be considered a separate customer.

4.     Where the customer's use of welding, or other equipment characterized by fluctuating or severe demands, necessitates the installation of additional or increased facilities (including distribution transformers, service conductors or secondaries) solely to serve such customer, the monthly demand charge shall be $1.00 per kVA of transformer capacity required to serve such load.

5.     All electric motor driven devices of 1½ HP capacity or larger must be operated on a nominal voltage of 208 volts or higher.

6.     The maximum size of any single phase electric motor shall be 5 HP.

7.     All polyphase motors of 25 HP and larger shall be controlled by reduced voltage starters.  Reduced voltage starters shall be of the auto transformer, resistor or part winding type.

8.     Service shall be rendered under this schedule up to a usage of 10,000 kWh/Month.  When a customer's usage reaches 10,000 kWh for any three months, or the measured demand is over 25 kW, the City shall have the right to install a demand meter and/or place the customer on the Large Commercial Rate for a period of twelve successive months.

9.     The City shall disconnect customers whose electric bills have not been paid on or before the first working day after the 3rd day of the following billing month.  A service charge of $20.00 during the work day and $50.00 after hours will be made to any customer requesting to be reconnected.

10.   Rate subject to power cost adjustment.

(Ord. 938, §2; Ord. 1039, §2; Ord. 1057, §2, Ord. 1064, §2)

Sec. 24-148.  Large commercial service. (LC-2015)

      The following monthly rates TO BE EFFECTIVE WITH THE MARCH 2015 BILLING CYCLE shall be charged for electrical energy furnished by the City:

      (a)      FEES:

      This rate is applicable to general power users for power purposes when the customer has an average monthly energy usage of 10,000 kWh per month or more, but less than 200,000 kWh per month.

              Large Commercial Rate: (LC-2015) – Net Monthly Rate
               $253.02 for the first 2,000 kWh
               $0.0855/kWh for the next 8,000 kWh
               $0.0890/kWh for all over 8,000 kWh

      (b)     PAYMENT:

      The above rate and minimum bill apply only in case a bill is paid on or before the first working day after the 15TH day of the billing month.  If not so paid, the gross rate, which is the above rate and minimum bill, plus 10 % then applies.

      (c)      CONDITION OF SERVICE:

1. The voltage, phase and frequency of service hereunder shall be as approved by the City.

2. More than one character of service, as to voltage, phase and frequency of delivery, shall not be combined for billing hereunder.

3.     Service to each separate location or point of delivery hereunder shall be billed separately.

4.     Service under this schedule is for the sole use of the Customer, and shall not be resold or sub-metered.

5.     Lighting will be served hereunder.  Lighting service incidental to power may be rendered hereunder if such combined lighting and power is served through one point of delivery, and the customer furnishes all additional equipment necessary for further transformation or regulation of energy for lighting service.  Should such service to incidental single-phase load result in phase unbalance, whereby the average of the separate loads on the three-phases is less than 80% of the load of maximum phase, the customer shall correct such phase unbalance to meet the above limitation.  Should the customer fail to correct such phase unbalance, the Demand, as determined, shall be increased in due proportion to such phase unbalance, or such single-phase service shall be rendered separately and billed under the appropriate rate covering such service.

6.     All polyphase motors of 25 HP and larger shall be controlled by reduced voltage starters unless system design criteria will permit use of motors with across the line starters.  Requests for exceptions to this requirement must be submitted in writing to the Utility Manager.  Exceptions granted by the City Council will be granted in writing.

7.     The maximum size of any single-phase motor shall be 5 HP.

8.     The customer shall maintain a power factor of not less than 90% lagging.  The average power factor during the month used for billing purposes shall be obtained from the measured kilowatt hours and the measured reactive kilovolt-ampere hours taken during the month.  The meter for measurement of reactive kilovolt-ampere hours will be ratcheted to prevent reverse registration.  If the average power factor during the month is less than 90% lagging, the total bill for the month shall be increased 1.0% for each 1% or major fraction thereof by which the average power factor during the month is less than 90% lagging.

9.     The City shall disconnect customers whose electric bills have not been paid on or before the first working day after the 3rd day of the following billing month.  A service charge of $20.00 during the work day and $50.00 after hours will be made to any customer requesting to be reconnected.

10.   The City shall have the right to install a demand meter.

11.   Rate subject to power cost adjustment.
(Ord. 938, §3; Ord. 1039 §3; Ord. 1057, §3, Ord. 1064, §3)

Sec. 24-149.  Industrial service (I-2015)

      The following monthly rates TO BE EFFECTIVE WITH THE MARCH 2015 BILLING CYCLE shall be charged for electrical capacity and energy furnished by the City:

      (a)      FEES:

      This rate is applicable to general power users for power purposes when the customer has a measured demand of five hundred kilowatts (500 kW) or more, during any month in a year.

      Industrial Rate: (I-2015) – Net Monthly Rate:
                       Demand Charge (ID-2015):
                                    $8.44 ($8.4376) per kW for all kWh billing demand.

                        Energy Charge (IE-2015):
                                    $0.0644162 per kWh for all kWh.

      Minimum Monthly Bill:

      The minimum monthly bill hereunder shall be 60% of the maximum demand charge for the preceding 12 months or $1.00 per kVA of installed transformer capacity, whichever is the larger amount.

      (b)     DETERMINATION OF BILLING DEMAND:

      The Billing Demand hereunder shall be the highest 15-minute measured kilowatt demand registered during the month by a suitable demand meter.

      (c)      TRANSFORMER OWNERSHIP:

      All Industrial Service customers will own their own transformers.

      (d)     POWER FACTOR:

      The customer shall maintain a power factor of not less than 90% lagging.  The average power factor during the month used for billing purposes shall be obtained from the measured kilowatt-hours and the measured reactive kilovolt-ampere hours taken during the month. The meter for measurement of reactive kilovolt-ampere hours will be ratcheted to prevent reverse registration.  If the average power factor during the month is less than 90% lagging, the total bill for the month shall be increased 1% for each 1%, or major fraction thereof, by which the average power factor during the month is less than 90% lagging.

      (e)      PAYMENT:

      The above rate and minimum bill apply only in case a bill is paid on or before the first working day after the 15th day of the billing month.  If not so paid, the gross rate, which is the above rate and minimum bill, plus   10 % then applies.

      (f)      CONDITIONS OF SERVICE:
1.      The voltage, phase and frequency of service hereunder shall be as approved by the City.

2.      More than one character of service, as to voltage, phase and frequency of delivery, shall not be combined for billing hereunder.

3.      Service to each separate location or point of delivery hereunder shall be billed separately.

4.      Service under this schedule is for the sole use of the Customer, and shall not be resold or sub-metered.

5.      Lighting will be served hereunder, subject to the provisions of DETERMINATION OF DEMAND.  Lighting service incidental to power may be rendered hereunder if such combined lighting and power is served through one point of delivery, and the customer furnishes all additional equipment necessary for further transformation or regulation of energy for lighting service.  Should such service to incidental single-phase load result in phase unbalance, whereby the average of the separate loads on the three-phases is less than 80% of the load of maximum phase, the customer shall correct such phase unbalance to meet the above limitation.  Should the customer fail to correct such phase unbalance, the Demand, as determined, shall be increased in due proportion to such phase unbalance, or such single-phase service shall be rendered separately and billed under the appropriate rate covering such service.

6.      All polyphase motors of 25 HP and larger shall be controlled by reduced voltage starters unless system design criteria will permit use of motors with across the line starters.  Requests for exceptions to this requirement must be submitted in writing to the Utility Manager.  Exceptions granted by the City Council will be granted in writing.

7.      The maximum size of any single-phase motor shall be 5 HP.

8.      The customer shall maintain a power factor of not less than 90% lagging.  The average power factor during the month used for billing purposes shall be obtained from the measured kilowatt hours and the measured reactive kilovolt-ampere hours taken during the month.  The meter for measurement of reactive kilovolt-ampere hours will be ratcheted to prevent reverse registration.  If the average power factor during the month is less than 90% lagging, the total bill for the month shall be increased 1.0% for each 1% or major fraction thereof by which the average power factor during the month is less than 90% lagging.

9.      The City shall disconnect customers whose electric bills have not been paid on or before the first working day after the 3rd day of the following billing month.  A service charge of $20.00 during the work day and $50.00 after hours will be made to any customer requesting to be reconnected.

10.     Rate subject to power cost adjustment.

(Ord. 938, §4; Ord. 1039, §4; Ord. 1057, §4, Ord. 1064, §4)


Sec. 24-150.  Fees for private outdoor security lighting service (PF-2015)

      The following monthly rates TO BE EFFECTIVE WITH THE MARCH 2015 BILLING CYCLE shall be charged for electrical energy furnished by the City:

      This service is for unmetered security lights in operation from dusk to dawn, with a total wattage of 200 or less
     Lighting Rate (PF-2015) – Net Monthly Rate:
               $10.12 ($10.123) for each security light

      Additional charge for installation requiring additions to or rearrangement of, existing facilities shall be actual cost.  This cost to be paid prior to commencement of service.
(Ord. 938, §5; Ord. 1039, §5; Ord. 1057, §5, Ord. 1064, §5)

Sec. 24-151.  Purchased power adjustment.

      The following monthly rates TO BE EFFECTIVE WITH THE JANUARY 01, 2009 DUE MARCH 10TH, 2009 BILLING CYCLE shall be charged for electrical energy furnished by the City:

      A surcharge will be applied to recover additional purchased energy charges.  The rates are based on an average purchased power base rate of $0.0714 per kWh as of January 2009.

      PCA = (B/A - $0.0714) x 1.10 dollars per kilowatt hour for B/A > $0.714/kWh

      PCA = Zero for B/A < = $0.0714/kWh

      Where

      A = kilowatt hours purchased for month

      B = monthly purchased power cost, including transmission costs
(Ord. 938, §6)

Sec. 24-152.  Water.

(1)  The following monthly rates TO BE EFFECTIVE WITH THE OCTOBER 2010, DUE DECEMBER 15TH, 2010 BILLING CYCLE shall be charged for water services furnished by the City:

      A.      $6.60 for the first 3000 gallons or fraction thereof (minimum monthly charge); Plus

      B.      $0.22 per hundred gallons for the next 7,000 gallons; Plus

      C.      $0.18 per hundred gallons for all usage over 10,000 gallons.
(Ord. 938, §7; Ord. 991)

(2)  A graduated increase in rates to be as follows: 10% in the year 2011 and 10% in the year 2012. (Ord. 991)

Sec. 24-152.1  Bulk Water Rate.

      A minimum rate of $6.00 for the first 3,000 gallons or a fraction thereof plus an additional 0.20 cents per 100 gallon thereafter.  (Ord. 982, §1.)

Sec. 24-153.  Wastewater.

(1)  The following monthly rates TO BE EFFECTIVE WITH THE OCTOBER 2013 BILLING CYCLE shall be charged for the use and services of the wastewater (also know as the sanitary sewerage) system of the City:

      A.      $8.66 for the first 3000 gallons of water or fraction thereof (minimum monthly charge); Plus

      B.      $0.29 per hundred gallons for all water usage in excess of 3000 gallons.
(Ord. 938, §8; Ord. 991; Ord. 1042)

(2)  The following monthly rates, representing an effective TWENTY PERCENT increase, TO BE EFFECTIVE WITH THE OCTOBER 2014 BILLING CYCLE, shall be charged for the use and services of the wastewater (also known as the sanitary sewerage) system of the City:

      A.       $10.40 for the first 3000 gallons of water or fraction thereof (minimum monthly charge); Plus

      B.      $0.35 per hundred gallons for all water usage in excess of 3000 gallons.
(Ord. 1042)

(3)  The following monthly rates, representing an effective TWENTY PERCENT increase, TO BE EFFECTIVE WITH THE OCTOBER 2015 BILLING CYCLE, shall be charged for the use and services of the wastewater (also known as the sanitary sewerage) system of the City:

      A.       $12.48 for the first 3000 gallons of water or fraction thereof (minimum monthly charge); Plus

      B.      $0.41 per hundred gallons for all water usage in excess of 3000 gallons.
(Ord. 1042)

Sec. 24-154.  Natural gas.

      The following monthly rates are established for natural gas furnished by St. James Municipal Utilities:

      A.      $5.00 minimum monthly charge, plus

      B.      The charge for natural gas to customers will be determined by:
              

  1. The actual cost of natural gas to the city, plus
  1. The cost of operations and transportation as reviewed periodically.

(Ord. 938, §9; Ord. 956; Ord. 980; Ord. 997)

Sec. 24-155.  Applicable ordinances.

      Except to the extent amended by this ordinance, the provisions of Chapter 24 of the Municipal Code of the City shall remain in full force and effect and the definitions and other provisions contained in that Chapter shall be applicable to this ordinance. (Ord. 938, §10)


Sec. 24-156.  Effective date.

      This ordinance shall be in full force and effect beginning with the billing cycle for which statements will be mailed on or about February 22, 2009. (Ord. 938, §11)

Sec. 24-157.  St. James Municipal Utilities Net Metering Service and Electrical System Integration.

  1. Applicable Service Territory

Net metering and electrical system interconnection is available on a first-come, first-served basis in the distribution service territory of St. James Municipal Utilities at any point on the Utility's existing facilities that has adequate capacity and suitable voltage for delivery of service until:
1.1 the total rated generating capacity of all net metering systems on the utility equals 5% of the utility's single-hour peak load during the previous year or
1.2 the total rated generating capacity of approved new interconnection agreements during the current calendar year equals or exceeds 1% of the utility's single-hour peak load for the previous calendar year. (RSMo 386.890.3) (Ord. 1035 §1)

(2)  Availability of Service

Net metering service is available to any existing customer who is in good standing under the City's electric service schedules, that owns and operates a renewable energy electric generator powered by solar, hydro, or wind or fuel cells using hydrogen produced by solar, hydro or wind with a capacity of not more than one hundred (100) kilowatts that is located on the customer's premises, is interconnected and operates in parallel phase and synchronization with the Utility's existing transmission and distribution facilities, and is intended primarily to offset part or all of the customer's own electrical power requirements. This rider is offered in compliance with the "Net Metering and Easy Connection Act" (RSMo 386.890 and appropriate Missouri Public Service Commission Rules.

Additional sources of renewable energy may be certified by the Department of Natural Resources and they will be accepted by the City.

All agreements hereunder are between the customer-generator and the City and shall not include a third party.  (Ord. 1035 §2)

(3)  Definitions

Net metering means measuring the difference between the electricity supplied by the Utility and the electricity generated by an eligible customer-generator and fed back to the electric grid over the applicable billing period.

All other definitions shall be those contained in the Missouri "Net Metering and Easy Connection Act" (RSMO 386.890) except where noted in this rider. (Ord. 1035 §3)

(4)  Monthly Billing

  1. The electric service charge shall be computed in accordance with the monthly billing the under the customer's effective standard rate schedule. Under this net metering rider, only the kilowatt-hour (kWh) units of a customer-generator's bill are affected.
  2. If the electricity supplied by the Utility exceeds the electricity generated by the customer-generator during the applicable billing period, the customer-generator shall be billed for the net billable kWhs supplied by the Utility in accordance with the rates and charges under the Utility's standard rate schedule applicable to the customer.
  3. If the electricity generated by the customer-generator exceeds the electricity supplied by the Utility, the customer-generator shall be credited for the net value of the electric energy delivered to the Utility during the applicable billing period at the Utility's "avoided fuel cost", with this credit appearing on the customer-generator's bill no later than the following billing period.
  4. The "avoided fuel cost" is that amount determined by the city's governing board with responsibility for setting rates, as outlined in RSMO 386.890.2(1) (Ord. 1035 §4)

(5) Transfer of Ownership

Upon change in ownership of the qualified unit, or of the premises on which the unit is located, the new customer-generator shall file a new application with the City for Net Metering. (Ord. 1035 §5)

(6) Special Conditions

  1. The customer- generator must have:

1.1 An approved Application for Net Metering
1.2 A signed Standard Interconnection Application/Agreement with the Utility.

2. The customer-generator is responsible for all costs associated with its generating facility and is also responsible for all costs related to any modifications to the facility that may be required by the Utility for purposes of safety and reliability.

3. A net metering facility shall meet all applicable safety and performance standards established by the National Electric Safety Code, the National Electric Code, the Institute of Electrical and Electronic Engineers, the Federal Energy Regulatory Commission, and Underwriters Laboratory.

In addition it shall:

a. Be equipped at the customer-generator's expense with a meter or meters approved by the utility and capable of measuring the net amount of electrical energy produced or consumed by the customer-generator. Any additional costs necessary for the utility to permit the meters or generator to be integrated into the utility distribution system shall be borne by the customer-generator. At the request of the customer-generator those costs can be Initially paid by the utility which may bill the customer-generator the costs over a 12 billing cycle period along with a reasonable rate of interest.

b. Have a mechanism that automatically disables and disconnects the unit from the supplier's electrical lines in the event that service to the customer-generator is interrupted.

c. Have an easily accessible device or feature in immediate proximity to the metering equipment to allow a utility worker to manually and instantly disconnect the unit from the utility's distribution system.

4. For systems of one hundred kilowatts or less, a customer-generator shall not be required to purchase any liability insurance. Insurance for systems above 100 kilowatts shall be negotiated as part of the Interconnection Agreement. (Ord. 1035 §6)

Secs. 24-158 to 24-161.  Reserved.