Town of Leakesville announces changes to water / sewer ordinance

ORDINANCE 87

An ordinance establishing charges and rates for the use and service of the waterworks and sewer system of the Town of Leakesville, Greene County, Mississippi, and regulating and providing for the use thereof.

WHEREAS, on August 11, 1964, the Mayor and Board of Aldermen of the Town of Leakesville, Mississippi, adopted an ordinance entitled: “A resolution authorizing and directing the issuance of negotiable interests bearing revenue bonds of the Town of Leakesville, Mississippi, in the principal amount of two hundred fifty-five thousand dollars ($250,000) to provide funds with which to take up, pay and redeem fifty-five thousand dollars ($55,000) outstanding combined water and sewer system revenue bonds of said town, and to provide funds in amount of one hundred ninety-five thousand dollars ($195,000) for the purpose of prescribing the form and incidents of said bonds; and providing for the collection segregation and distribution of the revenues to be derived from the operation of said combined system in amounts sufficient to pay the costs of operation and maintenance thereof and the principal of and interest on said bonds, and making provision for a depreciation fund and a contingent fund”,
Providing for the erection, construction, acquisition and equipment of a waterworks and sewer system for said Town and authorizing the issuance of water and sewer system revenue bonds of the Town to provide funds for that purpose; and

WHEREAS, it is necessary that the Town of Leakesville establish rates and charges for the services of said water and sewer system sufficient to provide at all sewer system, to provide an adequate depreciation fund to pay the principal of the interest on the revenue bonds issued for the payment to the cost thereof, and to provide for and regulate the operation and use of the said water and sewer facilities.
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ARTICLE I – DEFINITIONS

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

Section 1: “Person” shall mean any individual, firm, company, association, society, corporation, or group.

Section 2: “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.

Section 3: “Sewage Works” shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sewage.

Section 4: “Sewer” shall mean a pipe or conduit for carrying sewage.

Section 5: “Shall” is mandatory; “May” is permissive.

Section 6: “Superintendent” shall mean the Superintendent of Utilities of the Town of Leakesville or his authorized deputy, agent, or representative.

Section 7: “Town” shall mean the Town of Leakesville, Mississippi, or, when appropriate to the context, its duly authorized representative.

The motion for adoption of the amendment to ordinance 87 was made by Alderman Jimmy Breland and seconded by Alderman Bill Burley and the foregoing amendment having been first reduced to writing and no request being made by the Mayor or any member of the Board of Aldermen that the amendment be read by the Town Clerk, before any vote was taken, it was submitted to the Board of Aldermen for the passage or rejection on roll call vote being as follows, to-wit: Those present and voting “Yea” and in favor of the adoption of the amendment as a whole:

Alderman Breland
Alderman Bullard
Alderman Burley
Alderman Garretson

Those present and voting “Nay” or against any section of the ordinance or against the ordinance as a whole:
None

WHEREFORE, it is ordered that foregoing amendment to ordinance 87 is hereby unanimously passed and adopted on this 17th day of April, 2018.
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SECTION 1. The following schedule of basic water rates per month, for the use and for the water supplied by the waterworks system of the Town of Leakesville, Mississippi, based upon the amount of water consumed as shown by the water meters, is hereby fixed and established:

WATER RATE 1 – (Minimum Monthly Bill) A minimum monthly rate of not less than 12.00 shall be paid for each meter for which payment there may be consumed or used not to exceed 3,000 gallons of water. For usage that exceeds 3,000 gallons of water, the rate is 6.00 per 1,000 gallons

WATER RATE 2 – A minimum monthly rate of not less than 13.00 shall be paid for each meter for which payment there may be consumed or used not to exceed 3,000 gallons of water. For usage that exceeds 3,000 gallons of water, the rate is 6.00 per 1,000 gallons
Delayed payment charge equal to $10 shall be added to all bills not paid by the 15th of each month, by 4:30 pm.

SECTION 2. Rates to be charged for water service furnished to property located outside the limits of the Town of Leakesville can be up to 100% of the charges set out in section 1 hereof.

WATER RATE 3 – A minimum monthly rate of not less than 22.00 shall be paid for each meter for which payment there may be consumed or used not to exceed 3,000 gallons of water. For usage that exceeds 3,000 gallons of water, the rate is 8.00 per 1,000 gallons

WATER RATE 4 – A minimum monthly rate of not less than 22.00 shall be paid for each meter for which payment there may be consumed or used not to exceed 3,000 gallons of water. For usage that exceeds 3,000 gallons of water, the rate is 8.00 per 1,000 gallons

SECTION 3.

SEWER RATE 1. Each user of the sanitary Sewer System of the said combined water and sewer system of the Town of Leakesville is hereby required to pay each monthly, as a sewer service charge or rate, a minimum monthly rate of not less than $10.00 plus 2.50 per 1000 gallons of water.

SEWER RATE 2. Each commercial user of the sanitary Sewer System of the said combined water and sewer system of the Town of Leakesville is hereby required to pay monthly, as a sewer service charge or rate, a minimum monthly rate of not less than $11.00 plus 2.50 per 1,000 gallons of water.

SEWER RATE 3. Rates to be charged for water service furnished to property located outside the limits of the Town of Leakesville are for each user of the sanitary Sewer System of the said combined water and sewer system of the Town of Leakesville is hereby required to pay monthly, as a sewer service charge or rate, a minimum monthly rate of not less than $18.00 plus 4.00 per 1000 gallons of water.

SEWER RATE 4. Rates to be charged for water service furnished to property located outside the limits of the Town of Leakesville are for each commercial user of the sanitary Sewer System of the said combined water and sewer system of the Town of Leakesville is hereby required to pay monthly, as a sewer service charge or rate, a minimum monthly rate of not less than $19.00 plus 4.00 per 1000 gallons of water.

SECTION 4. Where the sewerage system is made available in any area within the Town of Leakesville, Mississippi, all property and buildings shall be connected with said sewer system and drains within ninety (90) days after the date such sewerage systems is made available by the Town of Leakesville in said area of the Town. All connections made with said sewerage systems within ninety (90) days after such systems is first made available shall be made by the Town at no cost.

SECTION 5. (A) Each person, firm, corporation, association or establishment whose property or premises discharges sewage, waste or water in any quantity into the sewer facilities of the said water and sewage system but who is not a water customer of said system, is hereby required to meter the source of water supply used with an appropriate meter of said system and to pay a monthly service charge or rate equal to 80% of the water bill which would be payable for the current month is said person, firm, corporation, association or establishment was a water customer of said system, which said amount is hereby fixed and established at the monthly rate or charge for the use of the sewer facilities of said system.

(B) Each user of the sewer facilities of said system who is also a water customer of said system but who obtains, uses or consumes water from any source other than from said combined system, is hereby required to meter such other source of water supply with an appropriate meter of said system and to pay a monthly sewer service charge equal to 80% of the amount of the water bill which would be payable to said system for the current month if such user did not obtain, use or consume water from such other source.

(C) Any industry which discharges into the storm sewers or a natural outlet unpolluted waters or waste may apply in writing to the governing authorities of the Town of Leakesville for an adjustment by special contract of the sewer service charge or rate fixed and imposed by this resolution. After hearing and considering such application, the governing authorities of the Town may, in their sole discretion, enter into a special contract for sewer service charges with such applicant upon such terms and conditions as the governing authorities may consider just, fair, and equitable under the special facts and conditions shown to the obtain in the applicant’s business.

Provided, that said governing authorities may reject and disallow such application in its sole discretion.

SECTION 6. A meter deposit of $100.00 shall be required for all water connections hereafter made. A meter deposit of $200.00 shall be required for all water connections hereafter made by non-property owners (renters, lease to purchase). The $200 fee may be split into two payments, the first $100 due upon the opening of the account and the additional $100.00 is due 30 days later.

SECTION 7. The Town of Leakesville shall in every year pay from any funds that may be available for the first protection service furnished by the waterworks system the annual sum of thirty-six dollars ($36.00) for each fire hydrant served by the water system. The number of fire hydrants shall be determined as of the end of each fiscal year. Payments for such service shall be deposited in the water revenue fund for the Town created by the ordinance passed on August 11, 1964, which authorized the issuance of the waterworks and sewer revenue bonds of the Town and shall be considered as revenue of the waterworks system a disbursed as provided by said ordinance.

SECTION 8. Charges for connection to the water and sewer lines and mains shall be charged to and paid by the customer, user of or applicant for the service, except as hereinabove provided in SECTION 4.

SECTION 9. Said rates and charges for service for water and sewer system shall be payable on a monthly basis. The owner of the premises, the occupant thereof and the customer, user or applicant for the service shall be jointly and severally liable to pay for the charges and service on such premises, and the service is furnished to the premises by the Town of Leakesville only upon the condition that the owner of the premises, occupant of, user of, customer or applicant for the service shall be jointly and severally liable therefore to the Town of Leakesville.

SECTION 10. If the rate and charges for water and sewer services are not at the office by 4:30 PM on the 24th, your services shall be discontinued without further notice. The Town of Leakesville cannot be held responsible for lost or slow mail. Payments are posted by receipt date, not the date written or printed on a check or money order. If the 25th falls on a weekend or a holiday, disconnects will be done the following day after the US Mail, (noon, 12 pm) has delivered.

SECTION 11. It is hereby made the duty of the Water Superintendent of the Town of Leakesville to read the water meters and of the Clerk of the Town of Leakesville to compile and render bills for service for said water and sewer system and for all rates and charges in connection therewith and to collect all monies due thereon.

SECTION 12. That the Clerk of Town of Leakesville shall receive all such revenue from the waterworks and sewer system and all other funds and moneys incident of the operation of such system as the same may be delivered to him and deposit them in a separate fund designated as the “Water and Sewage Fund” of the Town of Leakesville, established by the ordinance passed on August 11, 1964, which authorized the above mentioned revenue bonds, and the said Clerk of the Town of Leakesville shall administer such fund in every respect in the manner provided by said ordinance and by law.

SECTION 13. The Clerk of the Town of Leakesville shall establish a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the WATERWORKS AND SEWER SYSTEM, and at regular annual intervals he shall cause an audit thereof to be made.

SECTION 14. No water supplied by the waterworks system of the Town of Leakesville shall be resold by any owner, customer, user or applicant, and such resale shall be ground for the discontinuance of water services to the owner, customer, user or applicant to reselling water.

SECTION 15. All ordinances, resolutions and orders in conflict with this ordinance are hereby repealed.

SECTION 16. This ordinance shall be in force and take effect as provided by law.

SECTION 17. A review of these above mentioned rates and charges shall be reviewed as part of the annual budgetary process starting in May of each year, and adopted in August.

The foregoing ordinance having been reduced to writing and read the same was introduced and a vote was taken thereon, First section by section and then upon the ordinance as a whole, with the following results:

Those present and voting “Yea” and in favor of the adoption of the ordinance as a whole:

Alderman T. C. Cox
Alderman C. P. Graham
Alderman Rayford Hodges
Alderman Sherman Powell
Alderman Morris Turner

Those present and voting “Nay” or against any section of the ordinance or against the ordinance as a whole:
None

WHEREFORE, it is ordered that foregoing ordinance be, and the same is, hereby unanimously passed and adopted on this 21st day of September, A.D., 1964.

D. Turner, Mayor
John F. Turner, Town Clerk
Article 1-Definitions April 17, 2018
Rate Increase August 28, 2018

MAYOR, George E Perkins
Rex Garretson, Town Clerk

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