(A) Generally.
(1) (a) The works and facilities supplying water and sewer services in and to said city as they presently exist and as they may hereafter from time to time be constructed and extended are hereby combined and consolidated as a municipal Waterworks and sewer system, and so long as any of the revenue bonds authorized pursuant to this division (A) or permitted to be issued remain outstanding, said combined and consolidated municipal Waterworks and sewer system shall be owned, controlled, operated, and maintained on a combined and consolidated basis for the security and source of payment of said revenue bonds.
(b) The combined and consolidated municipal Waterworks and sewer system is hereby declared to constitute a public project within the meaning and application of KRS Ch. 58 (§§ 58.010 to 58.140, inclusive).
(2) This division (A) shall take effect from and after is adoption, approval, and publication as provided by law.
(B) Consolidated water and sewer system; prohibiting unauthorized disposal of sewage; rates; and the like.
(1) Generally. No free use of the services and facilities of the system shall be granted or permitted to any user thereof, including the city itself.
(2) All water service to be metered. It is the purpose and intention that all water service provided by the system shall be furnished through water meters provided and installed by the city.
(3) When sewer service available. For the purpose of this division (B), the following definition shall apply unless the context clearly indicates or requires a different meaning.
MUNICIPAL SEWER SERVICE. Being available to any premises if such premises abut upon any street, road, alley, public way, or easement in which there exists a sewer pipe, main, lateral, or other structure or installation of the sewer system capable or receiving flowable wastes, or if there is a city sewer within 250 feet of such premises.
(4) Connection with sewer system required.
(a) All owners and occupants of premises where existing sewers are available, as defined pursuant to this division (B), shall, within 90 days from the date of the publication of this division (B), connect therewith all sanitary sewerage drain pipes of such premises; and all owners and occupants of premises where new sewers are hereafter made available, as defined in this division (B), shall, within 90 days from the date a new sewer line is installed and placed in operation, connect therewith all sanitary sewerage drain pipes of such premises.
(b) All connections shall be made under such regulations as the city may establish from time to time in conformity with this division (B). Failure to effect such connection is hereby declared to be unlawful and to constitute a nuisance. No stormwater drain shall remain connected nor be connected with any separate sanitary sewer heretofore or hereafter constructed as, or made a part of the sewer system of the city, nor shall any stormwater be otherwise introduced into any such separate sanitary sewer.
(c) No sewer tap shall be made by any person, firm, or corporation, except the city or its agent or a qualified contractor or plumber whose work will be approved by the city. The city will, upon application and payment of the fee or charge prescribed pursuant to this division (B), cause the sewer to be tapped and run a lateral to the property line of any applicant where sewers are available, and any and all installations or attachments thereto shall be made by the applicant under the directions and supervision of the city; provided, that nothing pursuant to this division (B) shall be construed as requiring the city to furnish a sewer connection or sewer services to any premises where a city sewer is not available at the time the application is made.
(5) Privies, vaults, cesspools, and septic tanks abolished where sewers available.
(a) It shall be unlawful for any person to construct or maintain a privy, vault, cesspool, septic tank, or similar contrivance for the reception of flowage sewage where sewers are available, and all such privies, toilets, facilities, and contrivances shall be removed by the owners and the occupants of premises where sewers are presently available, or as soon as the same may hereafter be made available
(b) All such privies or surface toilets, or other means of casting or depositing sewerage into a container above or below the surface of the ground, or upon or into the soil or into any running or percolating stream of water or into any cistern or well whereby the soil is contaminated with such sewerage, are hereby declared to be unlawful and to constitute a nuisance.
(6) New construction to provide for sewer connection. All architects, contractors, builders, or other persons who shall hereafter erect new premises where sewers are available shall, before erecting the same, exhibit to the city satisfactory evidence that a means has been or will be provided for connecting the sanitary sewerage drain from such building or structure with the municipal sewer system.
(7) Sewer service rates and charges to be collected as to all premises where such service is made available.
(a) The rates and charges prescribed pursuant to this division (B) for sewer service shall be made to and collected from the owner or occupant of all premises within said city where sewer service is available as defined pursuant to this division (B), whether such premises are connected with the municipally-owned sewer pipes or not.
(b) In the case of unconnected premises which are water customers of the municipally- owned water system, the rates and charges for sewer service shall be according to the schedule of sewer rates as set forth pursuant to this division (B). In the case of unconnected premises which are not water customers of the said municipal water system, a minimum monthly sewer charge of $17.47 shall apply.
(c) The fact that sewer charges may have been billed to or collected from any such unconnected premises shall not have any bearing upon, nor constitute a defense to any criminal charge arising out of failure to connect such premises to the system, but such monetary charges are and shall be deemed to be civil exactions toward the costs of making sewer facilities available, and the costs of operating and maintaining the same in the necessary interests of the public health, safety, and general welfare.
(8) Service rates, charge rates, and charges.
(a) Temporary special arrangements. In the matter of furnishing water service upon a temporary basis to circuses, carnivals, tent meetings, outdoor athletic events (other than those carried on by the public schools), and other miscellaneous temporary uses, or for particular special purposes, a flat rate may be fixed in each individual case and the service charge shall be paid in advance.
(b) Exceptions in application of sewer charge. The city recognizes certain exceptional situations wherein adjustments in the manner of applying sewer service charges should be permitted, and provision is made for the same, as follows.
1. Where more than 20% of the water used by the owner or occupant of any premises during the year does not flow into the sanitary or combined sewer, the percentage in excess of 20% shall be excluded from the calculation of the sewer service rates and charges provided in this section. It shall be the burden of the owner or occupant of any such premises to prove to the city that more than 20% of the water on such premises during the year does not flow into the sanitary or combined sewer, and such burden shall be deemed to be met only upon a showing by the sewer user, to the satisfaction of the city, that the quantity thereof is accurately measured by means of a standard water meter. In the event the sewer user has no such evidence, a water meter for such purpose may be provided by the city upon payment by the sewer user of the cost of the necessary equipment and all expenses of installation. In no case, however, shall the sewer service rates and charges provided pursuant to this division (B) be calculated upon less than 20% of the water used by the owner or occupant of any premises during the year.
2. Whenever it is determined by the city to be necessary to classify any commercial institutions or industries by reason of the unusual purpose for which water is used, or the character of the sewage, water, or other liquid wastes discharged therefrom, or when ever the established schedules of sewer service rate and charges for any reason are not applicable, then special sewer service rates, rentals, or other charges may be established by the City Council upon recommendation of the city’s consulting engineers. The city, upon advice of its consulting engineers, may take such action thereon as it sees fit.
3. Sewer service charges shall not apply to bills representing surplus water furnished at wholesale to other municipalities, communities, or water systems, but if any municipality, community, or other entity shall desire to make arrangements for disposal of all or a part of its flowable sewage wastes through sewer lines or facilities of the city, the same shall be only upon the basis of special contract specifically approved and authorized in each instance by ordinance or resolution duly adopted by the city’s governing body. The city recognizes no obligation or duty of any sort to enter into any such contract or arrangement and may entertain or refuse to entertain any such proposal as it sees fit, and regardless of the fact that it may in the past have seen fit, or may in the future see fit to act otherwise or upon different terms in any other similar or dissimilar cases.
(9) When rates and charges effective; status of existing rates and charges. The water and sewer service rates and charges prescribed pursuant to this division (B) shall become effective as follows.
(a) Effective dates of water rates and charges. The water service rates and charges prescribed pursuant to this division (B) shall be effective on after July 1, 1970.
(b) Effective dates of sewer service rates and charges. The sewer service rates and charges prescribed pursuant to this division (B) shall be effective on and after July 1, 1970.
(c) Existing rates.
1. It is hereinabove provided that the prescribed rates and charges for water service and for sewer service are to become effective as applied to bills rendered on and after specified dates. It is the intention that the rates and charges prescribed pursuant to this division (B) shall superseded any rates and charges presently in force under existing ordinances, resolutions, rules, and regulations; but it is not intended that the rates and charges presently in force be rescinded unless and until effectively replaced or superseded; nor that there shall ever be a period of time when no lawful rate or charge for water service or sewer service prevails.
2. Subject to the provisions of this division (B), it is ordained that presently prevailing rates, charges, rules, and regulations continue in force until lawfully superseded.
(10) When bills due; disconnection of water service and reconnection; interest; and other provisions.
(a) The rates or charges as aforesaid shall be billed monthly in the case of metered users,
and not less frequently than quarterly in the case of special users and the water bill and sewer bill shall be rendered at the same time and on the same bill forms, but as separate charges, and all bills for such service shall be due and payable when rendered. If not paid by the tenth of the month following the date rendered, the bill shall be delinquent, and a delay penalty equal to 10% of the face amount of the bill shall become due and payable; provided, however, that if the tenth day should fall upon a Sunday or a legal holiday, then the face amount of the bill may be paid on the next secular day which is not a holiday.
(b) If the entire bill for both water service and sewer service, together with said penalty of 10% thereof shall remain unpaid for a period of 20 days after the mailing of the bills, then pursuant to authority of KRS 96.934, the water service connection to the premises shall be disconnected, whether the same customer’s water service bill has been paid or not.
(c) If any such delinquent customer shall thereafter desire reconnection, a charge in the sum of $20 is hereby fixed to cover the expense thereof, and prior to such reconnection, the customer shall be required to pay the delinquent bill, the 10% penalty, and the said charge for reconnection. Whether or not any premises are disconnected because of such delinquency, the City Attorney or any attorney duly authorized to act for it by the city is hereby authorized and directed to enforce and collect the amount of any bills remaining delinquent for 30 days after penalty is added (including the penalty and court costs) by suit in any court of competent jurisdiction.
(11) To whom bills are rendered.
(a) Bills for water service shall be rendered to the party, whether owner of the premises or a tenant, filing a written application therefor on the prescribed form, and complying with such deposit or other security provision form as may be prescribed.
(b) In the case of sewer service to premises which are connected to the municipal water system, the bill for sewer service charges shall be rendered to the water customer.
(c) In other cases, sewer rates and charges aforesaid shall be billed to the owners of the premises, except that upon application by the tenant of any premises, who is not the owner thereof, filed with the city, accompanied by a cash deposit or other appropriate security, or indemnity in an amount or a kind approved by the city, such bills may be rendered to such tenant.
(12) Connection charges. If more than 200 feet of water main extension is required, the cost of all in excess of 200 feet shall be borne by the customer, and such cost as estimated by the city shall be deposited with the city in cash when application is approved; subject to refund by the city if the deposit exceed actual cost, and subject to requirement of a supplemental payment by the customer if the deposit is known to be insufficient.
(13) Certain substances not to be discharged into sewers.
(a) No substance shall be placed or discharged into the municipal sewer system which will create a combustible, gaseous, explosive, or inflammable condition in said system, nor shall any substances or objects be placed or discharged into the municipal sewer system which will not dissolve and which will thus cause an obstruction and clogging within said system.
(b) No petroleum products shall be placed or discharged into the municipal sewer system.
(14) Notice taken of statutory requirements.
(a) Nothing set forth in this division (B) shall be construed in such manner as to conflict with the requirements set forth in KRS Ch. 58 and in the ordinance authorizing the issuance of said city water and service system Revenue Bonds, Series 1969, that the rents, royalties, fees, rates, and charges for the services rendered by the system shall be fixed and revised from time to time so as to be sufficient to provide for payment of interest upon all bonds and to create a Sinking Fund to pay the principal thereof when due, and to provide for the operation and maintenance of the system, and adequate reserve, depreciation, and improvement accounts.
(b) It is expressly declared that rates and charges set forth pursuant to this division (B) are initial only, and are not contractual, but will be increased, if increase should be required at any time, or from time to time, to comply with the requirements set forth in the statutes and in said ordinance.
(15) Effective date. This division (B) shall be effective upon its adoption, approval, and publication, as provided by law.
(Ord. 316, passed 10-3-1960; Ord. 443, passed 7-6-1964; Ord. 469, passed 11-17-1969; Ord. 711-04, passed 6-7-2004) Penalty, see § 53.99
Cross-reference:
Sewer rates, see § 53.35