[CC 1985 §63.300]
These rules and regulations have been adopted to govern the
water services furnished by the City in a uniform manner for the benefit
of the City and its water users and are subject to change as herein
provided without notice to any water users or any other person.
[CC 1985 §63.305]
The following expressions, words and terms, when used herein,
shall have the meanings stated below:
APPLICANT
Any individual, firm, partnership, corporation, the Federal
or State Government or any unit, agency, political corporation or
subdivision of either the Federal or State Government or other agency
applying for a water user's agreement.
LANDOWNER
Any person owning property served by the water system of
the owner and who has a leasehold interest therein with more than
a year to run. The term "landowner" shall also include
life tenants but the owner may at its discretion require remaindermen
to enter into any agreement required with the property owner under
these rules and regulations and the remaindermen shall obey these
rules and regulations in all respects.
POINT OF DELIVERY
The point of delivery shall be at the meter, unless otherwise
specified in the water user's agreement or in any other agreement
where it shall be mentioned.
SERVICE
The term "service", when used in connection
with the supplying of water, shall mean the availability for use by
the water user of water, subject to the provisions of these rules
and regulations. Service shall be considered as available when the
owner maintains the water supply at a minimum of twenty (20) p.s.i.
pressure at the point of delivery with the service line static, in
readiness for the water user's use, regardless of whether the water
user makes use of it.
STATE COMMISSION
The Safe Drinking Water Commission created in Section 640.105,
RSMo., shall promulgate rules necessary for the implementation, administration
and enforcement of Sections 640.100 to 640.140, RSMo., and the Federal
Safe Drinking Water Act as amended.
USER
Any individual, firm, partnership, corporation, the Federal
or State Government or any unit, agency, political corporation or
subdivision of either the Federal or State Government or other agency
receiving water or waste services, or to whom water services are made
available from the owner's facilities pursuant to a written water
user's agreement.
WATER SERVICE
Water service shall consist of facilities for supplying water
to one (1) residence or business establishment located on land within
the jurisdiction of the owner.
WATER USER'S AGREEMENT
The written contract between the water user and the owner
pursuant to which water service is supplied or made available.
[CC 1985 §63.310]
The rate schedules for water service are fixed by the City.
The rate schedule is subject to change by action of the City, with
the approval of the State Director of the Farmers Home Administration,
so long as the City has unpaid obligations which are held or insured
by the United States of America. If a provision of the rules and regulations
conflicts with the provisions of the rate schedule, the provision
of the rate schedule shall prevail. If the total amount of revenue
and income derived from the collection of the water rates is insufficient
to meet the payment of the costs of operation, maintenance, depreciation,
necessary extensions and enlargements, and payments of the principal
and interest on any general and special obligations bonds, then outstanding
with their attendant obligations pursuant to the terms of the bonds
and the authorizing resolutions, the City shall increase the water
rates for the first (1st) month thereafter in an amount sufficient
to meet these costs and obligations.
[CC 1985 §63.315]
The City may require, at its discretion, for meters to be read
by the water users and readings reported to the City.
[CC 1985 §63.320]
Applicants for a water user's agreement shall make application
to the City. Such applications shall be in writing and the City shall
prescribe the form of such application.
[CC 1985 §63.330]
Private fire hydrants may be installed by a written agreement
with the City, provided that the City shall take into account all
possible costs to the City and charge an equitable price therefore,
all cost factors considered. Public fire hydrants may be installed
by special agreement with the State, a municipality, political subdivision
or political corporation and the City shall take into consideration
the same factors when entering such a contract.
[CC 1985 §63.335; Ord. No. 320-C §1, 1-16-1989; Ord. No. 547-C §1, 3-24-2003]
A. Meters Furnished By City. Meters will be furnished, installed,
owned, inspected, tested and kept in proper operating condition by
the City without cost to the water user, except that such water user
shall pay a connection fee as set forth in these rules and regulations,
which shall not be refundable. The complete record of tests and histories
of meters will be kept if deemed necessary by the City. Meter tests
will be made according to methods of the American Waterworks Association
by the City as often as deemed necessary by the City.
B. Meter Accuracy. Service meter errors which do not exceed
two percent (2%) fast or slow shall be considered as being within
the allowable limits of accuracy for billing purposes. The percentage
of error will be considered as that arrived at by taking the average
of the error at full load and that at ten percent (10%) load, unless
a water user's rate of usage is known to be practically constant,
in which case the error at such constant use will be used.
C. Meter Location. Meters shall be set in an accessible place
on the outside of buildings, except where otherwise directed by the
City. All meters shall be set horizontally and never connected into
a vertical pipe. Meters outside of the buildings shall be placed in
meter boxes furnished and installed by the City.
D. Requested Meter Test. If a water user shall desire a test
of a water meter for accuracy, the water user shall make a request
and shall also make a twenty dollar ($20.00) deposit with the City.
If the meter shall be found to be in error in excess of two percent
(2%), the previous month's water bill only will be reduced by the
amount of error, and the twenty dollar ($20.00) deposit will be credited
to the water user's water service account. If the meter is not in
error, as herein defined, the water user shall pay the entire cost
of testing a water meter for accuracy and the twenty dollar ($20.00)
deposit will be applied to the amount due for the water meter testing.
E. Water User's Responsibility. The water user shall be responsible
for any damage to the meter installed for his/her service for any
cause other than normal wear and tear.
[CC 1985 §63.340; Ord. No. 430-C §1, 12-18-1995; Ord. No. 852-C, 4-18-2022]
A. Bills
will be rendered for service by the first (1st) working day of the
month immediately following the close of the period for which the
service was rendered as set forth in the rate schedule. Water user's
bills are payable in full by 5:00 P.M. on the fifteenth (15th) day
of each month, unless the fifteenth (15th) day of the month is not
a regular City business day, in which case bills are payable not later
than 5:00 P.M. on the next regular City business day.
B. Failure
of the City to submit a service bill shall not excuse the water user
from the obligation to pay for the water used. Failure to pay the
bill by 5:00 P.M. on the twenty-fifth (25th) day of the month, unless
the twenty-fifth (25th) day of the month is not a regular City business
day, in which case bills are payable not later than 5:00 P.M. on the
next regular City business day, and failure to pay shall result in
the disconnection (actual or technical) of the water service.
C. Water
service shall not be reconnected until a reconnection fee of seventy-five
dollars ($75.00) and the unpaid amount of the water user's bill shall
have been made to the City of Canton in cash or certified funds. Such
disconnection shall be made without the necessity of notice to the
water user.
D. Every
water user in the City of Canton may negotiate a payment contract
with the City of Canton to provide for alternative methods of payment
of water user bills. The payment contract must be negotiated and signed
not later than 5:00 P.M. on the twenty-fifth (25th) day of the month,
unless the twenty-fifth (25th) day of the month is not a regular City
business day, in which case the "payment contract" must be signed
not later than 5:00 P.M. on the next regular City business day. If
the water user who has signed the payment contract shall fail to comply
with all payments set out in the payment contract, or shall violate
any laws or regulations of the City concerning the use of the Municipal
Water System of the City, the payment contract shall immediately become
null and void without any notice and the water service to the water
user shall be subject to immediate disconnection. Any water user who
shall have a payment contract voided shall not be eligible for another
payment contract for a period of six (6) months from the date of the
voiding of the payment contract.
E. Any
damage resulting to the water user or any property of the water user
or the landowner of the property occupied by the water user shall
not be the responsibility of the City, its agents or employees. The
City, its agents and its employees shall not be liable to the water
user or landowner of any property used, held, occupied, rented or
leased by the water user for any such damage when disconnection is
made according to this Section, and it shall be immaterial that no
notice of such disconnection was given to the water user or to said
property owner.
[Ord. No. 560-C §1, 11-17-2003]
A. If a water user's water service is to be disconnected for violation of Section
705.090 and the disconnection date falls on the Friday of any week, the disconnection shall be made on the next business day.
B. If a water user's water service is to be disconnected for violation of Section
705.090 and the disconnection date falls on the day before a holiday recognized by the City of Canton or on a holiday recognized by the City of Canton, the disconnection shall occur on the next business day.
[CC 1985 §63.347; Ord. No. 541-C §2, 1-21-2003; Ord. No. 546-C §3, 3-24-2003]
A. All
water users of the City of Canton, Missouri municipal water system
shall be subject to security deposits and reconnection charges as
follows:
1. Security deposit and late payments.
a. Security deposit. All water users requesting water
service at any water meter location for the first (1st) time after
February 1, 2003 (i.e., moved from out of town, built a new house,
etc.) shall make a security deposit of seventy-five dollars ($75.00)
before the water service shall be turned on. For those water users
who moved to a new water meter location within the City of Canton,
Missouri, and who have already paid the deposit for the old location,
and such deposit has not been refunded by the City of Canton, Missouri
or used to pay a delinquent account owed by the water user to the
City of Canton, Missouri, a connection fee of twenty-five dollars
($25.00) will be charged, and the balance of any outstanding water
bill shall be paid in full before the water will be turned on.
b. Use of security deposit. If water service is disconnected
as provided for in this Chapter for non-payment of a water bill, the
City of Canton, Missouri shall apply all of that portion of the security
deposit to the delinquent amount owed by the water user to the City
up to and including the entire amount of the deposit, if necessary.
If the water deposit is not sufficient to pay the entire delinquent
water user's amount, the water user shall remain liable for all of
the remaining unpaid account.
c. Late payments. When a water user is late in making
payment for water usage and the water service is disconnected due
to non-payment, the water user will be required to pay a reconnection
fee of seventy-five dollars ($75.00), and pay the balance of any outstanding
bill in full before the water service is reconnected and the water
turned on.
d. Security deposit refunds. Security deposits will
be refunded under the following circumstances, but only after the
final water bill has been paid in full:
(1)
The water user has moved outside of the City limits of the City
of Canton, Missouri, and has discontinued any residence within the
City limits of the City of Canton, Missouri.
(2)
Death of the water user in which case the refund shall be made
as follows:
(a)
To the surviving spouse of the water user.
(b)
If there is no surviving spouse, and if the water user has a
probate estate, then to the personal representative of the estate
of the deceased upon presentation of certified Letters of Appointment.
(c)
If there is no surviving spouse, or if there is no probate estate
of the water user, then to the heirs at law of the deceased water
user as determined under the provisions of Section 474.010, RSMo.
e. When reconnections to be made. Water service which
has been disconnected for non-payment will be reconnected only during
regular City of Canton, Missouri, office hours and on regular days
of operation of the City of Canton, Missouri. No reconnections will
be made after hours or on weekends or holidays.
f.
Account service fee. Whenever the City of Canton
shall place an unpaid account for water service in the hands of a
third-party collection agency for recovery, an account service fee
of seventy-five dollars ($75.00) shall be added to the account, and
the delinquent water services user shall be responsible for the payment
of that fee as well as the unpaid utility account and other fees as
provided for in this Code.
[Ord. No. 723-C §1, 1-21-2014]
[CC 1985 §63.345; Ord. No. 375-C §4, 5-18-1992]
A. In
the event that water service is discontinued for any reason other
than the temporary vacancy of the property or in the event that it
is discontinued and another source of water supply is used for the
property, then reconnection shall be made only in the event that the
minimum bill for the period of disconnection shall be paid by the
water user or owner of the property. In addition, all previous unpaid
bills, plus nine percent (9%) per annum interest on the unpaid balance,
shall be paid before reconnection shall be allowed for such water
user or property.
1. In the event that an applicant for water services has purchased or
otherwise acquired the property and holds title thereto and the previous
land owner had discontinued water service other than because of the
temporary vacancy thereof, said applicant shall not be required to
pay the above reconnection charges as a result of the conduct or actions
of the previous land owner but shall be required to pay only a connection
charge of twenty-five dollars ($25.00) to the systems of the City.
2. Except in the case of failure of water user to pay the bill owed
the City for water service, as set forth in these rules and regulations,
the owner will not discontinue the service of any water user for violation
of any rule or regulation of the owner, without written notice of
at least two (2) days, mailed to each customer at his/her address
as shown upon the City's records or personally.
a. For willful or indifferent waste of water due to any cause.
b. For failure to protect from injury or damage the meter or connections
or for failure to protect and maintain the service pipe or fixtures
on the property of the water user (or the property occupied by the
water user) in a condition satisfactory to the City.
c. For molesting or tampering by the water user or others, with the
knowledge of the water user, with any meter, connections, service
pipe, curb cock, seal, valve or any other appliance of the City's
controlling or regulating the water user's water supply.
d. For failure to provide the City's employees free and reasonable access
to the property supplied or for obstructing the way of ingress to
the meter or other appliances controlling or regulating the water
user's water supply.
e. For non-payment of any account for water supplied, for water service,
or for meter or service maintenance, or for any other fee or charge
accruing under these rules and regulations, the rate schedule of the
City.
f. In case of vacancy of the premises.
g. For violation of any rules and regulations of the City.
h. For any practice or act prohibited by the Missouri Division of Health.
i. For failure to allow any City employee, officer, agent or representative
the right to inspect the water user's premises for any purpose set
forth in these rules and regulations.
3. The discontinuance of the supply of water to a property for any reason
shall not prevent the City from pursuing any lawful remedy by action
of law or otherwise for the collection of monies due from the water
user or property owner.
4. Water will not be turned on to any property unless there is at least
one (1) adult person therein at such times to see that all water outlets
in the premises are closed to prevent damage by escaping water.
[CC 1985 §63.350]
The City may make specific water service contracts with the
United States of America and its agencies, the State of Missouri and
its agencies, school districts and municipal corporations and all
other political subdivisions of the State of Missouri and of the United
States of America differing from stipulations set out in the rate
schedule and rules and regulations. Such contract must receive written
approval by the State Director before being placed in effect.
[CC 1985 §63.355]
In making a future connection to an applicant for water service
after the adoption and effective date of this Section, the City shall
charge a fee at least equal to the cost to the City of said connection
and such fee may be adjusted, taking into consideration the average
cost for the entire system to each water user, at the discretion of
the City, but said fee shall in no event be less than one hundred
fifty dollars ($150.00).
[CC 1985 §63.360; Ord. No. 726-C §2, 3-17-2014]
A. Extensions of water mains and lines shall be made within the City
of Canton, Missouri, by written application on a form approved by
the City. If the application is approved, the main line shall be extended
subject to the following:
1.
The extension of water mains to privately owned property primarily
benefits the owners of that property. The owner of the benefited property
shall be the party primarily responsible to pay the cost of water
main extensions.
2.
The City of Canton, acting by and through its Board of Aldermen,
reserves the power and authority to review each application for a
water main extension and if, after considering all of the relevant
factors relating to the main extension, it is determined by the Board
of Aldermen that the requested extension of the water main benefits
the City by economic development, employment expansion and/or retention
of employment, and it is determined that the City has sufficient available
financial resources, the City may pay for part of or all of the main
extension.
3.
If the determination is made that the property owners should
pay all or a part of the costs of the main extension, the property
owner shall pay the property owner's share of construction, engineering
and legal expense for such extension. The City reserves the authority
to request that the property owner's portion of the construction costs
shall be made in advance to the City to be placed in a special escrow
account. If the total cost and expenses to be contributed by the landowner
for such construction is not ascertainable, the landowner's portion
of the cost thereof shall be estimated and said amount shall be put
in the escrow account and the applicant shall agree to pay its share
of any additional costs incurred for such extension.
4.
Before granting to an applicant the right to make such extension,
the City shall first determine that the extension will not materially
affect in an adverse manner the services rendered to any existing
customers of the City. In the event the City determines, based on
information furnished by its employees and consultant, that such extension
would have a material adverse effect upon existing water users of
the City, then the City will not permit such extension.
5.
The construction and materials shall be inspected by a qualified
inspector furnished by the City. The cost of inspection shall be borne
in the same proportion as the cost of construction as determined by
the Board of Aldermen. Upon satisfactory completion and testing of
the water main extension, the water main extension shall be dedicated
free and clear of all encumbrances to the City and shall become the
property of the City.
6.
All plans and specifications for main extensions or improvements
will be approved by the City and the appropriate agency of the State
of Missouri.
[CC 1985 §63.365; Ord. No. 375-C §6, 5-18-1992; Ord. No. 525-C §1, 7-15-2002; Ord.
No. 541-C §§1—2, 1-21-2003; Ord. No. 546-C §2, 3-24-2003]
A. Rental
dwellings shall be defined as any building providing complete housekeeping
facilities for one (1) family.
B. Multiple-unit
dwellings shall be defined as a dwelling unit housing more than one
(1) family and shall include duplexes, triplexes, fourplexes, apartments
and all similar structures and residences.
C. Security Deposit And Late Payments.
1. Security deposit. All water users requesting water
service at any water meter location for the first (1st) time after
February 1, 2003 (i.e., moved from out of town, built a new house,
etc.) shall make a security deposit of seventy-five dollars ($75.00)
before the water service shall be turned on. For those water users
who moved to a new water meter location within the City of Canton,
Missouri, and who have already paid the deposit for the old location,
and such deposit has not been refunded by the City of Canton, Missouri,
or used to pay a delinquent account owed by the water user to the
City of Canton, Missouri, a connection fee of twenty-five dollars
($25.00) will be charged, and the balance of any outstanding water
bill shall be paid in full before the water will be turned on.
2. Use of security deposit. If water service is disconnected
as provided for in this Chapter for non-payment of a water bill, the
City of Canton, Missouri, shall apply all of that portion of the security
deposit to the delinquent amount owed by the water user to the City
up to and including the entire amount of the deposit, if necessary.
If the water deposit is not sufficient to pay the entire delinquent
water user's amount, the water user shall remain liable for all of
the remaining unpaid account.
3. Late payments. When a water user is late in making
payment for water usage and the water service is disconnected due
to non-payment, the water user will be required to pay a reconnection
fee of seventy-five dollars ($75.00), and pay the balance of any outstanding
bill in full before the water service is reconnected and the water
turned on.
4. Security deposit refunds. Security deposits will
be refunded under the following circumstances, but only after the
final water bill has been paid in full:
a. The water user has moved outside of the City limits of the City of
Canton, Missouri, and has discontinued any residence within the City
limits of the City of Canton, Missouri.
b. Death of the water user in which case the refund shall be made as
follows:
(1)
To the surviving spouse of the water user.
(2)
If there is no surviving spouse, and if the water user has a
probate estate, then to the personal representative of the estate
of the deceased upon presentation of certified Letters of Appointment.
(3)
If there is no surviving spouse, or if there is no probate estate
of the water user, then to the heirs at law of the deceased water
user as determined under the provisions of Section 474.010, RSMo.
5. When reconnections to be made. Water service which
has been disconnected for non-payment will be reconnected only during
regular City of Canton, Missouri, office hours and on regular days
of operation of the City of Canton, Missouri. No reconnections will
be made after hours or on weekends or holidays.
D. All
multiple-unit dwellings constructed receiving water service from the
City, and all existing buildings converted to multiple-unit dwellings
receiving water service from the City, shall have a separate water
meter for each and every unit within the multiple-unit dwelling.
In the event that a manufactured home community, also known as a mobile home court, desires service, see Chapter
515 for regulations concerning same.
[CC 1985 §63.375]
The Board has the exclusive power to authorize tank sales or
sales in bulk of water from such supply heads as it may designate
at the rates to be determined by the City. The City may prohibit the
sale of water in bulk to any user or non-user when water service is
available from the City.
[CC 1985 §63.380]
The City shall not in any way or under any circumstances be
held liable or responsible to any person or persons for any loss or
damage from any excess or deficiency in the pressure, volume or supply
of water due to any cause whatsoever. The City will undertake to use
reasonable care and diligence in order to prevent and avoid interruptions
and fluctuations in the service, but it cannot and does not guarantee
that such will not occur. The City shall not be held responsible for
any claim made against it by reason of the breaking of any mains or
service pipes or by reason of any interruption of the supply of water
caused by the breaking of machinery or stoppage for necessary repairs
and no persons shall be entitled to damages nor have any portion of
a payment refunded for an interruption of service.