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City of Seneca, MO
Newton County
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Table of Contents
Table of Contents
Cross References — Application/contract for water services is on file in the city clerk's office; app. I, user charge ordinance/wastewater system, is on file in the city offices.
[CC 1984 §112.010; Ord. No. 1988-3 §112.010, 5-9-1988; Ord. No. 1996-7(112.010(1)) §112.010(1), 9-23-1996; Ord. No. 2003-02, 1-27-2003; Ord. No. 2004-1, 1-26-2004; Ord. No. 2004-9, 11-22-2004; Ord. No. 2005-9, 12-5-2005; Ord. No. 705:010, 12-11-2006; Ord. No. 705:010, 12-17-2007; Ord. No. 705:010, 12-22-2008; Ord. No. 705:010, 2-2-2009; Ord. No. 705:010, 12-21-2009; Ord. No. 705:010, 12-13-2010; Ord. No. 705:010, 12-17-2012; Ord. No. 705:010, 12-23-2013; Ord. No. 705:010, 12-22-2014; Ord. No. 705:010, 12-14-2015; Ord. No. 705:010, 12-12-2016; Ord. No. 705:010, 12-11-2017; Ord. No. 705:010, 12-10-2018; Ord. No. 705:010, 12-13-2021; Ord. No. 705:010, 12-12-2022]
A. 
The Mayor and Board of Aldermen of the City shall act as ex-officio of Board of Waterworks Commissioners for the management and operation of the Municipal Waterworks. The Board of Aldermen shall make all necessary rules and regulations in the operation and management of said waterworks. Provided, however, that they shall receive no additional compensation for acting as such, other than regular salary as members of the Board of Aldermen of this City.
B. 
The following rates shall apply to the purchase of water from the Municipal Waterworks:
Residential service charge
$14.08 per meter per month
Plus usage charge
$0.66 per hundred gallons used per month
Seneca R-7 schools
$14.08 per meter per month
$0.66 per hundred gallons used per month
Outside City limits
$21.62 per meter per month
$0.92 per hundred gallons used per month
This Section includes the Water Rate Study on file in the City offices, which represents the estimated budget costs and rate calculation methods used to develop the rate structure.
[1]
Cross Reference — Water rate study is on file in the city offices.
[Ord. No. 1998-3, 8-10-1998]
Consumers of City water outside the City limits shall be charged for water consumed by them at the rate provided for consumers within the City limits, plus fifty percent (50%), with the rates calculated as set forth in Section 705.010.
[CC 1984 §112.020; Ord. No. 705.020, 4-24-2006]
A. 
The following rules and regulations shall govern the sale, consumption and use of water purchased from the municipal waterworks and the operation thereof:
1. 
Every industrial, commercial or residential developer shall make his/her application to the Water Superintendent stating in said application that he/she desires to connect with the water main of the City, stating the name of the plumber, the location of the property, and that he/she will guarantee that all paving cuts shall be replaced according to the ordinances of this City concerning paving. If upon the approval of the application by the Water Superintendent as to the construction, the type of pipe and the fact that it was installed in good workmanlike manner, and that all excavations shall be filled and all paving replaced, the Water Superintendent shall grant a connection to the City lines.
2. 
Every single resident consumer shall make his or her application to the Water Superintendent who will connect a service line from the main to the closest property line of the applicant and shall set a water meter in an approved vault. It shall be the applicant's or their agent's responsibility to connect to the meter.
[CC 1984 §112.030; Ord. No. 112.030(1), 3-10-1997]
The Water Superintendent shall oversee the reading of all water meters within the City. He/she shall superintend the operation of the Municipal Waterworks and see that all machinery and apparatus thereto belonging are kept in good repair and working order and perform such other duties as may be required of him/her from time to time by the Water Commissioner. It shall be his/her further duty to enforce all regulations heretofore or hereafter adopted by the Board of Aldermen for the regulation and operation of the waterworks.
[CC 1984 §112.040; Ord. No. 1988-4 §112.040(4,9), 5-9-1988; Ord. No. 1997-10(112.040) §112.040(5,7,9), 1-13-1997; Ord. No. 1997-4(112.040) §112.040, 7-28-1997; Ord. No. 2004-2, 1-26-2004; Ord. No. 705:040, 5-27-2014; Ord. No. 705:040, 11-14-2022
A. 
It shall be the duty of the City Clerk to collect all water rents and to keep proper accounts at all times. It shall be the duty of the City Clerk on or before the first (1st) day of each month to mail users of City water a statement which shall show the amount of water used by each person and the amount due the City for such water for the month previous to the rendering of said bill. Said statement shall incorporate charges for sewer usage and solid waste pickup.
B. 
All bills rendered to consumers for water shall be paid to the City Clerk. He/she shall issue his/her receipt therefor and on or before the third (3rd) Tuesday of each month shall file his/her written reports under oath with the Mayor showing the total amount of money collected for water service up to the first (1st) day of the preceding month; the balance of money on and as of the date of the current report; all the delinquent accounts, including the names of those delinquents; the amount due and required to reinstate service, if service shall have been discontinued.
C. 
All persons hereafter contracting for service with the City for water shall sign a contract with the City agreeing to be subject to rules and regulations that are now or hereafter may be established. If the said parties seeking water service are married, the said contract shall be signed by both husband and wife and said contract shall also direct to whom the refund shall be paid. Said contract shall give the date that it is entered into, the street and number of the said premises, and the owner of said premises.
D. 
Deposits Required.
1. 
All residential rental consumers of water hereafter contracting for water from the Water Department of the City of Seneca shall deposit with the City Clerk the sum of one hundred dollars ($100.00).
2. 
All owner-occupied homes (where the owner exhibits a copy of his/her deed to the City Clerk) shall deposit sixty dollars ($60.00) and the initial meter installation charge.
3. 
All commercial consumers of water hereafter contracting for water from the Water Department of the City of Seneca shall deposit one hundred dollars ($100.00).
E. 
All money deposited with the City Clerk of Seneca to secure the payment of accounts incurred for water shall remain with him/her until service is terminated and until such time as all accounts for water, sewer and solid waste pickup shall have been satisfied.
F. 
Whenever any consumer of water shall order his/her service discontinued, the City Clerk, upon the payment by the consumer of all amounts due the Water Department, shall pay the consumer the amount of his/her deposit and order the department employees to take charge of the meter belonging to the City.
G. 
Payment for utility bills is due no later than the fifteenth (15th) day of the month following the month of consumption. Any bill not paid by the fifteenth (15th) will include a late charge of five dollars ($5.00). Any bill which a notice is sent out for on or after the twentieth (20th) of the month will include an additional billing fee of five dollars ($5.00). On the twenty-fifth (25th) day of the month, water service will be discontinued for any consumer who is delinquent in payment and charged a disconnect fee of fifty dollars ($50.00). To reinstate the service a reconnect fee of fifty dollars ($50.00) will be made to the City Clerk prior to such reconnection, including payment of services up through the date of discontinuance. After the second disconnect the consumer will be required to pay a deposit to reinstate the service.
[Ord. No. 1998-2, 8-10-1998; Ord. No. 705.045, 4-9-2012]
A. 
No water service connections may be made to the City water system to serve property outside the City except upon approval by the Board of Aldermen and if the following conditions are met:
1. 
The place desiring water service, whether residential, development, subdivision, business or whatever, agrees in writing that any construction, development, subdividing or other activity to be done on the tract of land requesting water hookup be done in accordance with all City codes, ordinances and regulations;
2. 
The applicant for water hookup be all the owners of any interest in the property to be served by water service, and the applicant agrees to hook up to City water at the applicant's expense, and said applicant receiving water from the City, who is located outside the City limits of Seneca, Missouri, shall be charged for the water consumed by said applicant at one hundred fifty percent (150%) of the rate charged to users of City water located within the City limits of the City of Seneca;
3. 
The property desiring water hookup be adjacent to the City and that the applicant submit written approval of all property owners lying between him/her and the City to be annexed to the City and that the person desiring water hookup allow any person to tap into the water line extension;
4. 
The applicant pay for the cost of laying the pipe and all other costs involved in extending the water line, including acquisition of any and all necessary easements as may be required by the City Manager or City Attorney;
5. 
The water line be laid where directed by the appropriate City Official and according to the specifications set out by the City Building Inspector or other appropriate City Officials pursuant to the ordinances, codes and other regulations of the City; and
6. 
The applicant pay the costs of an annexation election if a special election is deemed advisable by the Board of Aldermen.
[CC 1984 §112.050; Ord. No. 1988-4 §112.040(8), 5-9-1988]
A. 
Circumventing Water. If any person, partnership, firm or corporation shall in anyway attempt or permit, while a consumer of water furnished by the City, to defraud the City by circumventing any meter, or by any other manner, it shall be the duty of the Water Superintendent, upon the instructions of the Board of Aldermen, to disconnect the service of said consumer.
B. 
Water Meters. All water meters within the City shall be installed at the curb line of the property, where possible, of the consumer receiving service or in a convenient place and in a meter box having the inside diameter of not less than fifteen (15) inches.
C. 
Water Shortage Emergency.
1. 
Whenever an emergency shall exist for the reason of shortage of water supply of the Municipal Waterworks, which shortage shall endanger the health of the inhabitants of the City, and the property therein, the Board of Waterworks Commissioners shall have the power and authority to declare, by proclamation, that which exists, and shall have the further authority to order and enforce the discontinuance and use of water by all consumers for the following purposes, to-wit: sprinkling lawns and gardens, washing motor cars or other vehicles, flushing ditches, washing sidewalks and porches, use in swimming pools, and the general use of water through a garden or other hose, or the wasting of water in any manner.
2. 
The proclamation required by the foregoing Subparagraph (1) of this Subsection shall be issued by the Mayor, and shall state the effective date of such order and what uses the water from the municipal plant are prohibited and shall further state the length of time such order is to remain in effect; however, provided that the proclamation may state that the order therein contained is to remain in effect until revoked by a subsequent proclamation. Notice of the adoption and issuance of the proclamation shall be given to water consumers by publishing of the same in some newspaper published in the City or by posting copies thereof in at least ten (10) public places in the City, including the City Hall and Post Office, whichever may be deemed by the Board of Commissioners the best manner of giving notice of the adoption thereof, to the greatest number of consumers.
3. 
Any consumer who shall violate any such proclamation by use of water in violation of the prohibition therein contained, shall forfeit their right to water during said emergency. It shall be the duty of the Water Superintendent to discontinue service until notified by the Board of Commissioners to again service said user.
D. 
Access To Property. The consumer shall agree that the properly authorized agent of the City shall at all reasonable hours have full access to the consumer's premises for the purpose of testing, examining, repairing or removing of the meter or any other material and appliance and that no one is permitted to remove, repair or tamper with such material or appliance, who is not an agent of the City. The consumer shall further agree that the properly authorized agent of the City shall at all times have access to the premises to read said meter and make any inspection concerning the water system.
E. 
Water Superintendent — Non-Performance Of Duties. The Water Superintendent, or any other assistant, who shall willfully and knowingly fail to perform the duty of his/her office, shall be subject to removal from office, and in addition thereto his/her bond shall be liable for any loss which might arise by negligence or failure to perform his/her duty.
F. 
Penalty For Violation. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than one dollar ($1.00) nor more than one hundred fifty dollars ($150.00).
[Ord. No. 705.055 Art. I, 2-12-2007]
Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:
COMMUNITY WATER SYSTEM
A public water system which serves at least fifteen (15) service connections or regularly serves at least twenty-five (25) residents on a year-round basis.
CROSS-CONNECTION
Any actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the public water system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices and any other temporary or permanent devices through which, or because of which, backflow can or may occur are considered cross-connections.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The negative logarithm of the concentration of hydrogen ions in an aqueous solution.
PUBLIC WATER SYSTEM
A system for provision to the public of piped water for human consumption, if the system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year. The system includes any collection, treatment, storage or distribution facilities used in connection with the system. A public water system is either a community water system or a non-community water system.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SERVICE CONNECTION
Each individual connection of a user to a water main or pipe for the purpose of conveying water to a point of use.
SERVICE LINE
Any water line or pipe connected to a public water supply's distribution main or pipe that conveys water to a point of use. Each service line is owned and maintained by the customer at that service connection and such line being at the customer's side of the meter.
SHALL
Is mandatory; MAY — is permissive
SUPERINTENDENT
The Superintendent of Water Works, who is in responsible charge of the operation and maintenance of the public water supply serving the City.
WATER DISTRIBUTION SYSTEM
All piping, conduits, valves, hydrants, storage facilities, pumps and other appurtenances, excluding service connections, which serve to deliver water from a water treatment plant or source to the public.
WATER MAIN
Any water main line or pipe which conveys water to a point of use from a water treatment plant, source or water storage facility. Water mains are owned and maintained by the City.
WATER METER
A water volume measuring and recording device furnished and/or installed by the City or furnished and/or installed by a user and approved by the City. Each individual service connection shall have a water meter.
WATER TREATMENT PLANT
A facility which uses specific processes such as sedimentation, coagulation, filtration, disinfection, aeration, oxidation, ion exchange, fluoridation or other processes which serve to add components or to alter or remove contaminants from a water supply source.
[Ord. No. 705.055 Art. II, 2-12-2007]
The owner of all houses, buildings or properties used for human employment, recreation, residence or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located access to a public water system within one hundred (100) feet of the property line, is hereby required to connect to such facilities in accordance with the provisions of this Article within sixty (60) days (suggested deadline) after date of official notice to do so.
[Ord. No. 705.055 Art. III, 2-12-2007]
A. 
Before commencement of construction of a privately owned public water system in the City's jurisdiction, 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 _______ dollars shall be paid to the City at the time the application is filed.
B. 
No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
C. 
When a public water system becomes available, customers that connect must physically disconnect from the existing private system (well) in accordance with the City's cross-connection prevention ordinance. The well shall then be properly plugged in accordance with guidelines established by the Missouri Department of Natural Resources Division of Geology and Land Survey (DGLS) and outlined in State Regulation 10 CSR 23 — 3.110, as amended, unless the owner wants to keep it functional for uses other than providing drinking water. A well may only be kept if it remains physically disconnected from the public water supply's distribution system, has a functional pump, is connected to an electrical service and is pumped at least once in a twelve (12) month period.
Upon connecting to the public water system, the appropriate DNR regional office shall be notified, in writing, that the connection(s) have been completed.
[Ord. No. 705.055 Art. IV, 2-12-2007]
A. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public water system or appurtenance thereof without first obtaining a written permit from the Superintendent.
B. 
There shall be two (2) classes of water system connection permits:
1. 
For residential and commercial service, and
2. 
Industrial service.
In either case, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of _______ dollars for a residential or commercial building permit and _______ dollars for an industrial permit shall be paid to the City at the time the application is filed.
C. 
All costs and expenses incident to the installation of the service line and connection to the public water system 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 water service.
D. 
A separate and independent service connection shall be provided for every building.
E. 
The size, alignment, material used in the construction of new or the replacement of the existing public water system 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 most recent edition of the Missouri Department of Natural Resources (MDNR), Public Drinking Water Program, Design Guide for Community Public Water Supplies. A permit to construct, issued by MDNR, will be received prior to construction, alteration or extension of the water system.
F. 
The applicant for a public water system connection permit shall notify the Superintendent when service line is ready for inspection and connection to the water system. The connection shall be made under the supervision of the Superintendent or his representative.
G. 
All excavations for public water system improvements, replacements or repairs shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.
[Ord. No. 705.055 Art. V, 2-12-2007]
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the public water system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
[Ord. No. 705.055 Art. VI, 2-12-2007]
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 Article.
B. 
While performing the necessary work on private properties referred to in Subsection (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.
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 public water system 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. No. 705.055 Art. VII, 2-12-2007]
A. 
Any person found to be violating any provision of this Article except Section 705.100 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.
B. 
Any person who shall continue any violation beyond the time limit provided for in Subsection (A) above shall be guilty of a misdemeanor and on conviction thereof shall be fined in the amount not exceeding five hundred dollars ($500.00) for each violation. Each twenty-four (24) hour period in which any such violation shall continue shall be deemed a separate offense.
C. 
Any person violating any of the provisions of this Article shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.