City of Osage Beach, MO
Camden County
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Table of Contents
Table of Contents
Cross References — Subdivision improvements — water lines and sanitary sewers, §410.320 et seq.; sales tax on water service, §140.040; waterworks, ch. 705; zoning provisions regarding water, ch. 405.
[R.O. 2006 §715.010; CC 1985 §26.5-1; Ord. No. 94.18 §1, 6-2-1994]
It is the intent of the City, and the purpose of this Chapter to promote the public health, safety and general welfare by providing for the grant of one (1) or more franchises for the construction and operation of a water distribution system; for the regulation, to the extent permitted by law, of each water system in the public interest; to provide for the payment of fees and other valuable consideration by a franchisee to the City for the privilege of using the public rights-of-way for constructing and operating a water system; to promote the widespread availability of water service to all City residents; to encourage the development of water availability and service as a means of public safety.
[R.O. 2006 §715.020; CC 1985 §26.5-2; Ord. No. 94.18 §1, 6-2-1994]
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings defined below:
AASHTO
American Association of State Highway and Transportation Officials, Room 341, National Press Building, Washington, D.C. 20045; (202) 624-5800.
ANSI
American National Standards Institute, 11 West 42nd Street, 13th Floor, New York, NY 10036; (212) 642-4900.
ASTM
American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103; (215) 299-5400.
AWWA
American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235; (303) 794-7711.
BOARD
The Board of Aldermen of the City.
CITY
The City of Osage Beach, Missouri.
CITY ADMINISTRATOR OR ADMINISTRATOR
The City Administrator of the City.
CONSTRUCTION STANDARDS
Standards as stipulated in Proposed Model Land Development Standards, 1993 Edition prepared for U.S. Department of Housing and Urban Development by NAHB Research Center, for Water Supply Standards and Appendix and Temporary Sediment and Erosion Control Standards and Appendix except as specifically modified by this Chapter.
CONTROL OF A FRANCHISEE OR APPLICANT
The legal or practical ability to direct the affairs of the franchisee or applicant either directly or indirectly, whether by contractual agreement or by substantial ownership of an economic interest, including, but not limited to, direct or indirect control of five percent (5%) of the equity of the franchisee or applicant.
FAIR MARKET VALUE
The price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time less any value attributed to the franchise itself.
FIXTURE
A device that is either temporarily or permanently connected to the water distribution system and demands a supply of water.
FRANCHISE
The right granted by the City to a franchisee to construct, maintain and operate a water system over, on or under streets, roads and all other public ways, easements and rights-of-way within all or specified areas of the City. The term does not include any license or permit that may be required by this Chapter or other laws, ordinances or regulations of the City of the privilege of transacting and carrying on a business within the City or for disturbing the surface of any street or public thoroughfare.
FRANCHISE AGREEMENT
A contract entered into in accordance with the provisions of this Chapter between the City and a franchisee that sets forth the terms and conditions under which the franchise will be exercised.
FRANCHISEE
Any person granted a franchise pursuant to this Chapter who has entered into a franchise agreement with the City.
GRANTEE
Any person granted permission, pursuant to this Chapter, to receive a franchise but who has not yet entered into a franchise agreement with the City.
GROSS REVENUES
All cash, credits, property of any kind or nature, or other consideration received directly or indirectly by the franchisee, its affiliates, subsidiaries, parent or any person in which the franchisee has a financial interest, arising from or attributable to the sale or exchange of water services by the franchisee within the City region or in any way derived from the operation of its system, including but not limited to monthly fees charged users for service, monthly fees charged users for any optional service; installation, disconnection and reconnection fees. This sum shall be the basis for computing the fee imposed pursuant to Section 715.120 hereof. This sum shall not include any taxes on services furnished by the franchisee which are imposed upon any user by the State, County, City or other governmental unit and collected by the franchisee on behalf of said governmental unit.
MAJOR SYSTEM MALFUNCTION
The loss of water pressure below five (5) pounds per square inch, or loss of potable water.
MULTI-STORY RESIDENTIAL
A building greater than four (4) stories in height and intended for multi-family occupancy.
NFPA
National Fire Protection Association, Batterymarch Park, Quincy, MA 02269; (617) 770-4543.
OVERBUILD
A water system constructed to serve users served by an existing water system in all or a portion of the existing system geographic area.
PERSON
Any individual, corporation, partnership, association, joint venture or organization of any kind, and any lawful trustee, successor, assignee, transferee or personal representative thereof.
POTABLE WATER
Water free from impurities in amounts sufficient to cause disease or harmful physiological effects and conforming to the standards or regulations of the public health authority with jurisdiction of the water supply.
PUBLIC RIGHTS-OF-WAY
The surface and the space above and below any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley-court, boulevard, parkway, drive or easement now or hereafter held by the City and shall include other casements or rights-of-way as shall be now held or hereafter held by the City.
SERVICE CONNECTION
The appurtenances and pipe from the municipal main to any building receiving water. A pipe or line normally serving one (1) property which may be isolated by a single valve.
TRANSFER OF A FRANCHISE
Any transaction in which:
1. 
An ownership or other interest in a franchisee is transferred from one (1) person or group of persons to another person or group of persons so that control of the franchise is transferred; or
2. 
The rights held by the franchisee under a franchise agreement are transferred or assigned to another person or group of persons. A transfer is pro forma when it involves no substantial change in the ultimate ownership, control or financial capability of the franchisee.
USER
Any person who legally receives water service delivered over the water system.
WATER MAIN
A pipe or conduit designed to transport potable water from source to multiple users, does not include service lines.
[R.O. 2006 §715.030; CC 1985 §26.5-3; Ord. No. 94.18 §1, 6-2-1994]
A. 
The City may grant one (1) or more franchises in accordance with this Chapter and the requirements of applicable Federal, State and local law especially Section 88.773, RSMo.
B. 
No person may construct or operate a water system in the incorporated areas of the City without a franchise granted by the City in accordance with this Chapter, and no person may be granted a franchise without having entered into a franchise agreement pursuant to this Chapter.
[R.O. 2006 §715.040; CC 1985 §26.5-4; Ord. No. 94.18 §1, 6-2-1994]
A. 
A franchise authorizes use of the public rights-of-way for installing lines, underground conduit, hydrants, valves, and other facilities to operate a water system within a specified area of the City, but does not expressly or implicitly authorize the franchisee to provide service to, or install lines, underground conduit, hydrants, valves, or any other equipment or facilities upon private property without owner consent, or to use publicly or privately owned conduits without a separate agreement with the owners.
B. 
A franchise is non-exclusive, and does not expressly or implicitly preclude the issuance of other franchises to operate water systems within the City or affect the City's right to authorize use of public rights-of-way to other persons as it determines appropriate.
C. 
Once a franchise agreement has been accepted and executed by the City and a franchisee, such franchise agreement shall constitute a contract between the franchisee and the City, and the terms, conditions and provisions of such franchise agreement, together with all duly enacted and applicable laws, ordinances, codes, rules, regulations and orders, shall define the rights and obligations of the franchisee and the City relating to the franchise.
D. 
In addition to Section 715.200, a franchise agreement may contain provisions setting forth when transfer of a franchise will be deemed to have taken place taking into account the ownership structure of the particular franchisee.
[R.O. 2006 §715.050; CC 1985 §26.5-5; Ord. No. 94.18 §1, 6-2-1994]
A. 
A franchisee is subject to, and must comply with, all generally applicable local, City, State and Federal laws, ordinances, codes, rules, regulations, and orders. A franchisee shall at all times be subject to the exercise of the Police power of the City.
B. 
Except as may be specifically provided in this Chapter or under the terms of a franchise agreement, the failure of the City, upon one (1) or more occasions, to exercise a right or to require compliance or performance under the Chapter or a franchise agreement shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance in the fixture.
C. 
Except as to matters which are governed solely by Federal law or regulation, a franchise agreement will be governed by, and construed in accordance with, the laws of the State of Missouri.
[R.O. 2006 §715.060; CC 1985 §26.5-6; Ord. No. 94.18 §1, 6-2-1994]
The provisions of this Chapter shall apply to a franchise agreement as if fully set forth in the franchise agreement, and the express terms of this Chapter will prevail over conflicting or inconsistent provisions in a franchise agreement unless such franchise agreement expresses an explicit intent to waive a requirement of the Chapter.
[R.O. 2006 §715.070; CC 1985 §26.5-7; Ord. No. 94.18 §1, 6-2-1994]
A. 
A written application must be filed with the City for:
1. 
Grant of a new franchise;
2. 
Renewal of a franchise;
3. 
Modification of a franchise agreement;
4. 
A transfer of a franchise; or
5. 
Any other relief from the City pursuant to this Chapter or a franchise agreement. An applicant has the burden to demonstrate in its application compliance with all requirements of this Chapter and of applicable Federal, State and local law.
B. 
To be acceptable for filing, an application must be submitted to the City, be accompanied by the application filing fee where required, conform to any applicable request for proposals, and contain all required information. All applications must include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application.
C. 
All applications accepted for filing must be made available by the City for public inspection.
D. 
An application for the grant of a new franchise may be filed pursuant to a request for proposals issued by the City or on an unsolicited application, may issue a request for proposals. If the City elects to issue a request for proposals upon receipt of an unsolicited application, the applicant may submit an amended application in response to the request for proposals, or may inform the City that its unsolicited application should be considered in response to the request for proposals, or may withdraw its unsolicited application. An application which does not conform to the requirements of a request for proposals may be considered non-responsive and denied on that basis.
E. 
An application for the grant of a new franchise must contain, at minimum, the following information:
1. 
Name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of the ten (10 largest holders of an ownership interest in the applicant, and all persons with five percent (5%) or more ownership interest; the persons who control the applicant; all officers and directors of the applicant; and any other business affiliation and water system ownership interest of each named person;
2. 
An indication of whether the applicant, or any person controlling the applicant, or any officer or major stockholder of the applicant, has been adjudged bankrupt, had a water franchise revoked, or been found by any court or administrative agency to have violated a security or antitrust law, or a felony, or any crime involving moral turpitude; and, if so, identification of any such person or entity and a full explanation of the circumstances;
3. 
A demonstration of the applicant's technical, legal and financial ability to construct and operate the proposed water system, including identification of key personnel;
4. 
A description of the applicant's prior experience in water system ownership, construction and operation, and identification of communities in which the applicant or its principals have, or have had, a water franchise or any interest therein;
5. 
Identification of the area of the City to be served by the water system, including a description of the service area's boundaries;
6. 
A detailed description of the physical facility proposed, including capacity, technical design, performance characteristics, and access to satisfy the requirements of this Chapter;
7. 
A description of the construction of the proposed system as completely constructed, including an estimate of below-ground mileage and its location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability and conduits including, where appropriate, an estimate of the cost of rearrangement of facilities to accommodate such use;
8. 
A description of the services to be provided initially, including all water main sizes, hydrant spacing, pressure relief valves, shut-off valves to be delivered;
9. 
For informational purposes, the proposed rate structure including charges for other equipment or services;
10. 
A demonstration of how the proposal will reasonably meet the future water-related needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community-needs assessment conducted by or for the City;
11. 
Pro forma financial projects for the first (1st) ten (10) years of the franchise term, including statement of projected income, and a scheduled of planned capital additions, with all significant assumptions explained in notes or supporting schedules;
12. 
An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and acknowledging the enforceability of application commitments, and certifying that the proposal meets all applicable Federal, State and local laws and regulations;
13. 
If an applicant proposes to provide water service to an area already served by an existing water franchisee, the identification of the area where the overbuild would occur, the potential user density in the area which would encompass the overbuild, and other information as necessary for the City to make its determination pursuant to Section 715.080(C); and
14. 
Any other information as may be reasonably necessary to demonstrate compliance with the requirements of this Chapter and information that the City may request of the applicant that is relevant to the City's consideration of the application.
F. 
An application for modification of a franchise must include, at minimum, the following information:
1. 
The specific modification requested;
2. 
The justification of the requested modification, including the impact of the requested modification on users and others, and the impact on the applicant if the modification is not approved; and
3. 
Any other information necessary for the City to make a determination.
G. 
An application for renewal of a franchise must comply with the requirements of Section 715.190.
H. 
An application for approval of a transfer of a franchise must comply with the requirements of Section 715.200.
I. 
To be acceptable for filing, an application must be accompanied by a filing fee in the following amount, as appropriate:
For a new franchise
$50.00
For a renewal of a franchise
$50.00
For a transfer of a franchise (for other than a pro forma transfer)
$50.00
For modification of a franchise
$50.00
[R.O. 2006 §715.080; CC 1985 §26.5-8; Ord. No. 94.18 §1, 6-2-1994]
A. 
The City may grant one (1) or more franchises for a period not to exceed twenty (20) years to serve all or a specified area(s) of the City.
B. 
The City may make the grant of a franchise conditioned upon the completion of construction within a prescribed time or upon the performance of other specific obligations which are to be set forth in the franchise agreement, specifying that failure to timely comply with condition(s) will cause the franchise to become null and void without further action by the City.
C. 
In evaluating an application for a new franchise, the City shall consider, among other things, the following factors: the applicant's technical, financial, and legal qualifications to construct and operate the proposed system; the nature of the proposed facilities, equipment, and services; the applicant's record in other communities, if any; the capability of the City's public rights-of-way to accommodate the proposed system; the potential disruption to existing users of the City's public rights-of-way and the resultant inconvenience to the public; and whether the proposal will meet reasonably anticipated community needs, including fire protection, and serve the public interest. When an applicant proposes an overbuild of an existing water system, the City shall also consider the economic feasibility of multiple water systems, the impact on the existing franchisee, and whether any adverse consequences to the public interest will result if the application is granted.
D. 
The Board shall hold a public hearing to consider an application, based upon the application, the testimony presented at the public hearing, any recommendations of the City Administrator or staff, and any other information relevant to the application, the Board shall decide whether to grant, expand, or deny a franchise application and the terms and conditions of a grant.
E. 
If the Board grants a franchise, the City Administrator and the grantee must agree on the terms of a franchise agreement within ninety (90) calendar days from the date of the resolution making the grant. This period may be extended for good cause by the City. If the agreement is not reached with the City Administrator within ninety (90) calendar days, or if the period is not extended by the City, the franchise grant shall be null and void without further action by the City.
F. 
Following at least ten (10) days' prior notice to the grantee and the public, the Board shall hold a public hearing at which it will receive comment on the proposed franchise agreement.
G. 
After complying with the above requirements, the Board shall approve or disapprove the proposed franchise agreement by resolution, or may direct that it be subject to further consideration.
H. 
The grant of an initial franchise, a renewed franchise, an application to modify a franchise agreement, or an application to transfer a franchise may be subject to a processing fee in an amount not to exceed the City's out-of-pocket costs in considering the application, less the amount of the filing fee. Within thirty (30) calendar days of the date of the resolution approving the initial franchise, the renewed franchise, or the modification of a franchise, by the Board, the City must notify the grantee of the amount of any processing fee and its method of calculation. If the processing fee is not paid within sixty (60) calendar days of the date of the Board resolution approving the franchise agreement, or a modification thereof, the grant shall be null and void.
[R.O. 2006 §715.090; CC 1985 §26.5-9; Ord. No. 94.18 §1, 6-2-1994]
A. 
The franchise agreement must require the following insurance coverage to be in force at all times during the franchise period: Workers' Compensation insurance to meet all State requirements and general comprehensive liability insurance with respect to the construction, operation and maintenance of a water system, including the operation of motor vehicles, in the following minimum amounts:
1. 
Public liability. One million dollars ($1,000,000.00) per person, and one million dollars ($1,000,000.00) per occurrence;
2. 
Property damage. One million dollars ($1,000,000.00) per any one (1) claim;
3. 
Umbrella liability. One million dollars ($1,000,000.00) with up to a one millon dollar ($1,000,000.00) deductible and/or base insurance.
B. 
All insurance policies must be with sureties qualified to do business in the State of Missouri and in a form reasonably approved by the City Attorney. The City may require in a franchise agreement coverage and amounts in excess of the above minimums where reasonably necessary in view of the franchisee's greater exposure to liability. The City may, from time to time, require that insurance coverage be broadened or increased if it is reasonably determined by the City that such adjustment to coverage is necessary to take into account inflation or changing circumstances relative to liabilities.
C. 
A franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its officials, boards, commissions, agents and employees, against any and all third (3rd) party claims, suits, causes of action, proceedings and judgments for damages or equitable relief arising out of the construction, maintenance or operation of its water system regardless of whether the act or omission complained of is authorized, allowed or prohibited in this Chapter or a franchise agreement.
D. 
The franchise agreement shall require the franchisee to have in force at all times a performance bond, franchise bond, or an irrevocable letter of credit in an amount specified in the franchise agreement as necessary to ensure the faithful performance by the franchisee of its obligation under the franchise agreement. The franchise agreement may provide for the reduction of the amount of the performance bond, franchise bond or letter of credit upon the completion of construction of the water system. Such surety instruments must be provided by an entity qualified to do business in the State of Missouri and in a form approved by the City Attorney. The terms under which the City may draw upon the letter of credit, franchise bond or performance bond to satisfy any claim the City may have against the franchisee shall be specified in the franchise agreement or in the letter of credit, franchise bond or performance bond.
[R.O. 2006 §715.100; CC 1985 §26.5-10; Ord. No. 94.18 §1, 6-2-1994]
A. 
Prior to the franchise becoming effective, the franchisee must post with the City a cash security deposit, surety bond, or letter of credit in such amount as specified in the franchise agreement. This deposit shall be used as a security fund to ensure the faithful performance of all provisions of law and the franchise agreement, and compliance with all orders, permits and directions of the City, and the payment by the franchisee of any claims, liens or taxes due the City which arise by reason of the construction, operation or maintenance of the water system. The security deposit shall be in the minimum amount of one thousand dollars ($1,000.00) or such other amount as the City deems necessary, taking into account the extent of the franchisee's history of compliance with its franchise obligations in the City and in other jurisdictions.
B. 
The City shall place the security deposit in an interest-bearing account. The intent will accrue to the benefit of the franchisee but may not be withdrawn; all interest will be added to and become part of the original security fund during the term of the franchise.
C. 
If a franchisee fails to pay the City any fees or taxes due, liquidated damages, damages, or costs or expenses incurred by the City by reason of any act or default of the franchisee, or if the franchisee fails to comply with any provision of the franchise agreement that the City reasonably determines can be remedied by an expenditure of the security fund, the City may, after ten (10) calendar days' notice to the franchisee, withdraw that amount with any interest or penalties from the security fund. Upon such withdrawal, the City shall notify the franchisee of the amount and date of the withdrawal.
D. 
Within thirty (30) calendar days after notice to it that an amount has been withdrawn by the City from the security fund, the franchisee must deposit a sum of money sufficient to restore the security fund to the original amount. If the franchisee fails to restore the security fund to the original amount within thirty (30) calendar days, the entire security fund remaining may be forfeited, and/or such failure may be considered a material breach of this Chapter and may be used as grounds for revocation of the franchise.
E. 
The security fund will become the property of the City in the event the franchise is revoked. The franchisee is entitled to the return of the security fund that remains following termination of the franchise, provided that there is no outstanding default or unpaid amounts owned to the City by the franchisee.
F. 
The rights reserved to the City with respect to the security fund are in addition to all other rights of the City whether reserved by this Chapter or authorized by other law, and no action, proceeding or exercise of a right with respect to such a security fund will affect any other right the City may have.
[R.O. 2006 §715.110; CC 1985 §26.5-11; Ord. No. 94.18 §1, 6-2-1994]
A. 
The following minimum requirements for facilities and services apply to all franchises. The City may require in a franchise agreement that a franchisee exceed these minimum requirements where it determines, under circumstances existing at the time of the application, that additional requirements are necessary to meet the reasonable community needs and interests, and that such requirements are consistent with then current technological capabilities.
1. 
The water system shall be designed so that individual sections of the water main may be shut down, for repairs/renovation, relocation, taps, or other work, by the use of appropriate permanent valves located not less frequently than each two thousand six hundred forty (2,640) feet or eight hundred five (805) meters.
2. 
The water system shall be designed so that a fire hydrant shall be located every six hundred (600) feet (one hundred eighty-three (183) meters) along the water main. Hydrants do not need to be installed until there is a development or structures on the property which is within three hundred (300) feet (ninety-one and four-tenths (91.4) meters) of the hydrant locations (installation along undeveloped areas may be delayed until development occurs); installation of hydrants shall be completed by the water company within thirty (30) days after an occupancy permit is issued by the City. Every hydrant shall be equipped with a shut-off valve. Hydrants shall meet construction standards.
3. 
The franchisee shall provide at no cost water for the testing and exercising of hydrants and will permit testing yearly, for static and residual pressure and gallons of flow, by the fire district.
4. 
The mains shall not be less than six (6) inches (twenty-one (21) centimeters) in diameter in order to provide connections to fire hydrants, i.e., within three hundred (300) feet of a structure. The City may grant a waiver if franchisee can demonstrate adequate water flow to meet fire requirements.
5. 
Every service connection shall have at least one (1) shut-off valve.
6. 
The system shall be designed to deliver a minimum:
a. 
Three thousand five hundred (3,500) gallons per minute under peak demand in areas designated for Heavy Traffic Commercial or Industrial in the City's Comprehensive Plan;
b. 
One thousand (1,000) gallons per minute under peak demand for those areas designated other than Heavy Traffic Commercial, Industrial, or Heavy Density Residential in the City's Comprehensive Plan;
c. 
One thousand (1,000) gallons per minute in those areas designated High Density Residential and additional water flows are available to supplement up to three thousand five hundred (3,500) gallons per minute; and
d. 
All flows indicated above must be sustained for a period of two (2) hours.
7. 
The franchisee shall immediately take steps to repair leaks which exceed the construction standards.
B. 
Unless a franchise agreement provides otherwise, a franchisee must make water service available to every unserved dwelling within the franchisee's service area where the dwelling is in an area with a minimum density of thirty (30) dwellings per main mile as measured from the franchisee's existing main. Where potential users reside in a portion of the service area with dwelling density below the prescribed minimum, the franchisee shall extend service to such potential users, within six (6) months after request, under the following conditions:
1. 
If potential users are willing to pay a one-time charge equivalent to the franchisee's construction cost per dwelling passed at the prescribed minimum dwelling density for mandatory line extension and agree to purchase water service for a minimum of twenty-four (24) months;
Construction Cost Per Mile
30
=
one-time charge
2. 
If ten (10) potential users per main mile measured from existing main commit themselves to taking service in a manner reasonably satisfactory to the franchisee; or
3. 
Franchisee is only required to extend main to closest property line of requesting user.
C. 
The City may waive minimum density requirements for mandatory line extension of this Section where the City determines, in its sole discretion, that such waiver is justified in the public interest.
[R.O. 2006 §715.120; CC 1985 §26.5-12; Ord. No. 94.18 §1, 6-2-1994]
A. 
A franchisee, in consideration of the privilege granted under a franchise for the use of public rights-of-way to construct and operate a water system, must pay to the City a franchise fee equal to two percent (2%) of the franchisee's gross revenues derived from the operation of its water system within its franchise area during the period of its franchise. A franchisee must pay the franchise fee due to the City on a monthly basis. Payment for each month shall be made to the City not later than the last day of the following month.
B. 
Unless a franchise agreement provides otherwise, a franchisee must file with the City within thirty (30) calendar days of the end of such six (6) month period a financial statement showing the gross revenues received by the franchisee during the preceding six (6) month period and the number of users served.
C. 
A franchisee must file within three (3) months of the end of its fiscal year a statement setting forth the computation of gross revenues used to calculate the franchise fee for the preceding year and a detailed explanation of the method of computation. The statement must be certified by a certified public accountant or the franchisee's chief financial officer. The franchisee will bear the cost of the preparation of such financial statements.
D. 
The City, upon reasonable notice, may inspect and audit any and all books and records of the franchisee relevant to the franchisee's obligations under the franchise agreement. The City may inspect the franchisee's determination of gross revenues and the computation of franchise fee due, and may assess any unpaid amounts determined to be payable under the franchise. The cost of the inspection and audit will be borne by the franchisee if, as a result of the audit, the City determines that the franchisee has underpaid the franchise fee owed.
E. 
In the event that a franchise payment is not received by the City on or before the due dates set forth in Subsection (A) hereinabove, or if it is determined by the City that the franchise fee has been underpaid, the franchisee will be charged interest daily from the due date at the prime interest rate then charged by the Central Bank of Lake of the Ozarks, or its successor. In addition, the franchisee will pay a late charge of five percent (5%) of the amount of the unpaid or underpaid franchise fee payment.
F. 
When a franchise terminates for whatever reason, the franchisee must file with the City, within ninety (90) calendar days after the date of the termination, a financial statement certified by a certified public accountant or the franchisee's chief financial officer, showing the gross revenues received by the franchisee since the end of the previous fiscal year.
[R.O. 2006 §715.130; CC 1985 §26.5-13; Ord. No. 94.18 §1, 6-2-1994]
A. 
Within three (3) months of the close of its fiscal year, a franchisee shall provide the City an annual report that includes the following information:
1. 
A summary of the previous calendar year's activities in development of the system, including but not limited to, services initiated or discontinued, number of users (including gains and losses), homes passed, and miles of main in service. The summary shall also include a comparison of any construction, including system upgrades, during the year with any projects previously provided to the City.
2. 
A certified financial statement for the franchisee and all entities controlling the franchisee, including a statement of income, balance sheet, and a statement of sources and applications of funds. The statement shall include notes that specify all significant accounting policies and practices upon which it is based. A summary shall be provided comparing the current year with previous years since the beginning of the franchise.
3. 
A copy of updated maps depicting the location of all water mains, hydrants, and valves.
4. 
A summary of user or consumer complaints, identifying the number and nature of complaints and their disposition. Where complaints involve one (1) or more recurrent system problems, the nature of each such problem and what steps have been taken to correct it shall be identified. When available, more detailed information on complaints shall be submitted upon request of the City.
5. 
If the franchisee is a corporation, a list of officers and members of the board of directors; the officers and board members of any parent or controlling corporation; and if the franchisee's or any controlling corporation's or other parent entity's stock or ownership interest are publicly traded, a copy of its most recent annual report.
6. 
If the franchisee is a partnership, list of the partners, including any limited partners, and their addresses; and where a general partner is a corporation, a list of officers and members of the board of directors, the officers and directors of any parent corporation; and if any controlling corporation's or other parent entity's stock or ownership interest is publicly traded, a copy of its most recent annual report.
7. 
A list of all partners or known stockholders holding five percent (5%) or more ownership interest in the franchisee and any parent corporation; provided however, when any such entity has fewer than ten (10) persons holding five percent (5%) or greater ownership interest, the ten (10) largest holders of an ownership interest.
8. 
A copy of all the franchisee's rules and regulations applicable to users of the water system.
9. 
A report on the number of elderly and handicapped users receiving any rate discounts and the amount of such discounts.
10. 
A full schedule and description of services and service hours offered to users, and a schedule of all rates, fees and charges for all water services provided.
B. 
A franchisee must maintain a complete set of books and records available for inspection and audit by the City for purposes of ascertaining compliance with requirements of this Chapter and the franchise agreement. Such inspection and audit shall be upon reasonable notice and during normal business hours.
C. 
Upon written request of the franchisee and to the extent allowed by applicable law, information of a proprietary nature submitted to the City pursuant to this Chapter or a franchise agreement will not be made available for public inspection.
[R.O. 2006 §715.140; CC 1985 §26.5-14; Ord. No. 94.18 §1, 6-2-1994]
A. 
A franchisee must maintain a business office within the City open during normal business hours with a listed local telephone number. The office must employ a sufficient number of telephone lines and personnel to allow a reasonable access by users and others. Telephone answering time (including hold and transfer time) shall not exceed thirty (30) seconds or four (4) rings. This standard shall be met ninety percent (90%) of the time. When the business office is closed, an answering machine or service capable of receiving service complaints and inquiries must be employed. The answering service shall comply with the same telephone answer time standard.
B. 
Standard installation work shall be performed within five (5) business days after an order has been placed. If scheduled installation is neither started nor completed as scheduled, the user will be telephoned by an employee of the franchisee the same day. Evening personnel shall also attempt to call users at their homes between the hours of 5:30 P.M. and 8:00 P.M. If the call to the user is not answered, a call shall be placed the next day. Installation work shall be prioritized as follows:
1. 
Service change and rescheduling of appointments for existing users;
2. 
Installation of service for new users; and
3. 
Disconnection of service for existing users.
Customers who have experienced two (2) missed installation appointments, due to the fault of the franchisee shall receive a credit of ten dollars ($10.00) for each missed installation appointment.
C. 
All appointments for service, installation, or disconnection shall be specified by date. The franchisee shall offer a choice of morning, afternoon or all day appointment opportunities.
D. 
A franchisee must have available twenty-four (24) hours a day, seven (7) days a week personnel, equipment and procedures capable of locating and correcting major system malfunctions. Major system malfunctions must be corrected without delay, and corrective measures initiated immediately. Corrective action for all other malfunctions must be initiated as provided for in the franchise agreement, but not later than the next business day after the customer service calls received, and must be completed as promptly as possible.
E. 
A franchisee shall provide the City with a telephone number where a managerial employee of the franchisee with full authority to act on behalf of the franchisee can be reached at all times. In addition, the City shall be provided with a complete list of the franchisee's employees, including their titles, telephone, and extension numbers. This list shall be updated every three (3) months.
F. 
A franchisee shall develop written procedures for the investigation and resolution of all complaints, including, but not limited to those regarding the quality of service, which procedures shall be subject to the review and approval by the City Administrator. A user who has not been satisfied by following the franchisee's procedures may file a written complaint with the City. The City Administrator shall investigate the matter and, in consultation with the franchisee as appropriate, attempt to resolve the matter. A franchisee's good faith or lack thereof in attempting to resolve user complaints shall be considered by the City as relevant, including in connection with a franchisee's renewal application.
G. 
A franchisee must provide each user at the time water service is installed, and every six (6) months thereafter, written instruction for placing a service call, filing a complaint, or requesting an adjustment. Each user must also be provided with a schedule of the user's rates and charges, a copy of the service contract, delinquent user disconnect and reconnect procedures, and a description of any other of the franchisee's policies in connection with its users. In addition, users shall be provided with the business address and telephone number of the City Administrator. The franchisee shall furnish copies of these instructions to the City for review and comment.
H. 
A franchisee must provide users with at least thirty (30) days' advance notice of any increase in the user rates and charges. Such notice must be provided with billing. A franchisee must keep available for public review and provide copies upon request to any user a complete and detailed description of all service offerings and prices.
I. 
A franchisee may intentionally interrupt service on the water system only for good cause and for the shortest time possible and, except in emergency situations, only after prior notice to users and the City Administrator of the anticipated service interruption. To the extent possible, such work should be performed between the hours of 2:00 A.M. and 6:00 A.M. Notice of planned maintenance shall be given to the City Administrator.
J. 
A franchisee must maintain a complete record of all service complaints received and action taken. These records must be open to the City for inspection during normal business hours upon reasonable prior notice. Such records must be retained throughout the franchise term or twenty (20) years whichever is less.
K. 
Billing.
1. 
The franchisee's first (1st) billing statement after a new installation or service change shall be prorated as appropriate and shall reflect any security deposit.
2. 
The billing statement must show a specific payment due date not earlier than twenty (20) days after the date the statement is mailed. Any balance not received by the due date may be assessed a late fee consistent with Missouri consumer protection laws. The late fee will appear on the following months' billing statement.
3. 
The user must be notified that he/she can remit payment in person at the franchisee's customer service office and its address.
4. 
A user shall not be charged late fees or otherwise penalized for any failure by the franchisee, its employees, or contractors, including failure to timely or correctly bill the user or failure to properly credit the user for a payment timely made.
5. 
In the event of a billing dispute, the franchisee must waive a late fee during the period until a final resolution of the dispute is agreed upon between the franchisee and the City.
L. 
Disconnection.
1. 
Voluntary disconnection.
a. 
A user may terminate service at any time.
b. 
A user may be asked, but not required, to disconnect the franchisee's equipment and return it to the business office.
c. 
Any security deposit and/or other funds due the user shall be refunded on disconnected accounts after franchisee owned equipment has been recovered by the franchisee. The refund process shall take a maximum of thirty (30) days from the date disconnection was requested to the date the customer received the refund.
2. 
Involuntary disconnection. Service may be disconnected when a user's account is fifty-one (51) days past due.
[R.O. 2006 §715.150; CC 1985 §26.5-15; Ord. No. 94.18 §1, 6-2-1994]
A. 
No franchisee may in its rates or charges, or in the availability of the services or facilities of its system or in any other respect, make or grant undue preferences or advantages to any user or potential user to the system, nor subject any such persons to any undue prejudice or any disadvantage; provided however, a franchisee may offer discounts in order to attract or maintain users provided that such discounts are offered on a non-discriminatory basis. A franchisee must not deny, delay or otherwise burden service or discriminate against users on the basis of age, race, creed, religion, color, sex, physical handicap, national origin, marital status, sexual orientation, or political affiliation, except for discount for the elderly or handicapped that are applied in a uniform and consistent manner.
B. 
A franchise must not deny water service to any potential users because of the income of the residents of the area in which the users reside.
C. 
A franchisee must not refuse to employ, nor discharge from employment, nor discriminate against any person in compensation or in terms, conditions or privileges of employment because of age, race, creed, religion, color, sex, physical handicap, national origin, marital status, sexual orientation, or political affiliation.
[R.O. 2006 §715.160; CC 1985 §26.5-16; Ord. No. 94.18 §1, 6-2-1994]
A. 
A franchisee may utilize, with the owner's permission, existing conduits or such other facilities whenever reasonably feasible. A franchise does not grant, give or convey to a franchisee the right or privilege to install its facilities in any manner on equipment of the City. Such right or privilege may be covered by a separate agreement or ordinance. Copies of agreements for use of conduits or other facilities must be filed with the City as required by the franchise agreement or upon City request.
B. 
All lines, equipment and structures must be installed and located to cause minimum interference with the rights and reasonable convenience of property owners. The City may from time to time issue such reasonable rules and regulations concerning the installation and maintenance of the water system installed in, on, or over public rights-of-way as may be consistent with this Chapter and the franchise agreement.
C. 
Suitable safety devices and practices as required by Federal, State and local laws, ordinance, regulations and permits must be used during construction, maintenance and repair of a water system.
D. 
Following reasonable notice by the City, a franchisee must remove, replace or modify at its own expense the installation of any of its facilities within any public right-of-way when required to do so by the City to allow it to change, maintain, repair or improve any such public rights-of-way.
E. 
A franchisee must obtain any required permits before causing any damage or disturbance to rights-of-way or to private property as a result of its construction or operations. A franchisee must restore to their former condition such private property and rights-of-way in a manner approved by the City. If such restoration is not satisfactorily performed within a reasonable time, the City, or the property owner in the case of private property may, after prior notice to the franchisee, cause the repairs to be made at the expense of the franchisee.
[R.O. 2006 §715.170; CC 1985 §26.5-17; Ord. No. 94.18 §1, 6-2-1994]
A. 
The water system designed shall comply with the construction standards.
B. 
The City may require an annual proof of performance or other tests to be performed at the expense of the franchisee. The franchisee must provide the test results promptly to the City.
C. 
The franchisee must advise the City when a proof of performance test required in Subsection (B) above is scheduled so that the City may have an observer present.
D. 
The franchisee shall provide potable water with not less than one (1) part per million of fluoride, and not more than one and five-tenths (1.5) parts per million of fluoride, or in compliance with County, City, State, or Federal requirements.
[R.O. 2006 §715.180; CC 1985 §26.5-18; Ord. No. 94.18 §1, 6-2-1994]
A. 
In addition to any other remedies available at law or equity, the City has the right to apply any one (1) or a combination of the following remedies in the event a franchisee violates this Chapter, its franchise agreement, or applicable Federal, State or local law:
1. 
The City may impose liquidated damages in such amount, whether on a per-diem, per-incident, or other measure of violation, as provided in the franchise agreement. Payment of liquidated damages by the franchisee will not relieve the franchisee of its obligation to comply with this Chapter and the franchise agreement.
2. 
The City may reduce the duration of the franchise on such basis as the City determines is reasonable pursuant to the procedures specified in Section 715.210.
3. 
The City may revoke the franchise pursuant to the procedures specified in Section 715.210.
B. 
In determining which remedy or remedies are appropriate, the City shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the City determines are appropriate.
C. 
Failure of the City to enforce any requirements of a franchise agreement or this Chapter shall not constitute a waiver of the City's right to enforce the franchise agreement, or subsequent violations, or to seek appropriate enforcement remedies.
[R.O. 2006 §715.190; CC 1985 §26.5-19; Ord. No. 94.18 §1, 6-2-1994]
A. 
If a franchisee decides to initiate a formal franchise renewal process, it must provide the City written notice during the period thirty (30) to thirty-six (36) months prior to the franchise expiration date. Upon such notification, or at the City's own initiative, the City must commence the following process:
1. 
The City shall review and evaluate the future water-related community needs and interests and the franchisee's past performance and prepare a written report. This review and evaluation process shall include opportunity for public comment.
2. 
During the review and evaluation process, the City must notify the franchisee that it may file a renewal application. The notice must specify the information to be included in the renewal application and the deadline for filing the application, which must be no earlier than thirty (30) calendar days following the date of the notice. The application must comply with the requirements of Section 715.070 and provide the specific information requested in the notice and any other information required in Section 715.070(E) that is applicable. If the franchisee does not submit a renewal application by the specified date, it will be deemed to have waived its rights to further consideration for renewal of its franchise.
3. 
Upon receipt of the renewal application, the City shall publish notice of its receipt and make copies available for public viewing. Not earlier than seven (7) calendar days after publication of the public notice, the City shall hold one (1) or more public hearings at which comments from the public on the renewal application may be received.
B. 
In considering a renewal application, the City must consider whether:
1. 
The franchisee has substantially complied with the material terms of the existing franchise and with applicable law;
2. 
The quality of the franchisee's service, including quality, response to consumer complaints, timeliness of service, and billing practices has been reasonable in light of community needs;
3. 
The franchisee has the financial, legal and technical ability to provide the services, facilities, and equipment set forth in its renewal application;
4. 
The franchisee's renewal application will meet the future water-related community needs; and
5. 
Consistent with other applicable laws, such other criteria as the City may decide is reasonable.
C. 
Following a public hearing on the renewal application, the Board must either:
1. 
Pass a resolution agreeing to renew the franchise subject to the negotiation of a franchise agreement satisfactory to the City; or
2. 
Pass a resolution that makes a preliminary assessment that the franchise should not be renewed.
D. 
The Board's action under Subsection (C) above must be taken within four (4) months of the date of receipt of the renewal application of the franchisee required in Subsection (A)(2) above.
E. 
If a preliminary assessment is made that a franchise should not be renewed, at the request of the franchisee or on its own initiative, the City must commence an administrative proceeding. Upon the completion of the proceeding, the Board shall issue a written decision granting or denying the proposal for renewal based upon the record of the proceeding. The written decision shall state the reasons for the Board's determination, and a copy of the decision shall be transmitted to the franchisee.
F. 
If the Board grants a renewal application, the City and the franchisee must agree on the terms of a franchise agreement, pursuant to the procedures specified in Section 715.080(E)(H), before the renewal becomes effective. Failure to agree to terms which the City reasonably requires as necessary to guarantee full performance under the franchise proposed shall be considered a withdrawal of the proposal and will terminate the renewal proceedings.
G. 
If renewal of a franchise is denied, the City may acquire ownership of the water system or effect a transfer of ownership of the system to another person upon approval of the Board if the franchise agreement so provides. Any such acquisition or transfer shall be at fair market value, as defined by this Chapter.
H. 
If renewal of a franchise is denied and the City does not purchase the water system, the City may require the former franchisee to remove its facilities and equipment. If the former franchisee fails to do so within a reasonable period of time, the City may cause the removal done at the former franchisee's and/or surety's expense.
[R.O. 2006 §715.200; CC 1985 §26.5-20; Ord. No. 94.18 §1, 6-2-1994]
A. 
A transfer of a franchise shall not occur without prior approval of the City.
B. 
An application to transfer a franchise must meet the requirements of Section 715.070 and provide complete information on the proposed transaction, including details on the legal, financial, technical and other pertinent qualifications of the transferee, on the risk of future non-performance of the terms of the franchise agreement, and in other significant community effects, including among other user rates. At minimum, the information required in Section 715.070(E)(510) must also be provided whenever the proposed transferee expects any material changes to occur.
C. 
An application for approval of a pro forma transfer shall be considered granted on the thirty-first (31st) calendar day following its filing with the City unless prior to that date the City notifies the franchisee that the transfer will not be approved except by formal action of the City. An application for approval of a pro forma transfer shall identify the application as such.
D. 
In deciding whether to grant an application to transfer a franchise, the Board shall consider the legal, financial, technical and other pertinent qualifications of the transferee to operate the system and whether operation by the transferee would create any risks that the City, users or water services would be adversely affected or would otherwise be contrary to the public interest.
E. 
Approval by the City of a transfer of a franchise does not constitute a waiver or release of any of the rights of the City under this Chapter or the franchise agreement.
F. 
The City may require the franchisee to pay a reasonable fee in excess of the filing fee to cover the City's costs in considering an application for transfer of a franchise.
[R.O. 2006 §715.210; CC 1985 §26.5-21; Ord. No. 94.18 §1, 6-2-1994]
A. 
A franchise may be revoked or have its term shortened by the Board for the franchisee's failure to construct, operate or maintain the water system as required by this Chapter or the franchise agreement or for other material breach of this Chapter or the franchise agreement, the franchisee has not taken corrective action or corrective action is not being actively and expeditiously pursued, the Board may give written notice to the franchisee of its intent to consider revocation of the franchise or reducing the term of the franchise, stating its reasons.
B. 
Prior to revoking a franchise or shortening its term, the Board shall hold a public hearing, upon thirty (30) calendar days' notice, at which time the franchisee and members of the public must be given an opportunity to present evidence. Following the public hearing the Board may determine whether or not to revoke the franchise or reduce its term based on the evidence presented at the hearing, and other evidence of record. If the Board determines to revoke a franchise or shorten its term, it shall issue a written decision setting forth the reasons for its decision. A copy of such decision shall be transmitted to the franchisee.
C. 
Any franchise may, at the option of the City following a public hearing before the Board, be revoked one hundred twenty (120) calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the franchisee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceedings, unless within that one hundred twenty (120) day period:
1. 
Such assignment, receivership or trusteeship has been vacated; or
2. 
Such assignee, receiver or trustee has fully complied with the terms and conditions of this Chapter and the franchise agreement and has executed an agreement, approved by the court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of the franchise.
D. 
In the event of foreclosure or other judicial sale of any of the facilities, equipment or property of a franchisee, the City may revoke the franchise, following a public hearing before the Board, by serving notice upon the franchisee and the successful bidder at the sale, in which event the franchise and all rights and privileges of the franchise will be revoked thirty (30) calendar days after serving such notice, unless:
1. 
The City has approved the transfer of the franchise to the successful bidder; and
2. 
The successful bidder has covenanted and agreed with the City to assume and be bound by the terms and conditions of the franchise.
E. 
If the City revokes a franchise, or if for any other reason a franchisee abandons, terminates or fails to operate or maintain service to its users, the following procedures and rights are effective:
1. 
The City may require the former franchisee to remove its facilities and equipment. If the former franchisee fails to do so within a reasonable period of time, the City may have the removal done at the franchisee's and/or surety's expense.
2. 
The City, by resolution of the Board, may acquire ownership of the water system at an equitable price if the franchise agreement so provides.
3. 
If a water system is abandoned by a franchisee, the City may sell, assign or transfer all or part of the assets of the system.
F. 
The City may, upon resolution of the Board, acquire ownership of and operate a water system, whether or not such ownership is acquired following revocation or forfeiture of a franchise.
G. 
Where the City has issued a franchise specifically conditioned in the franchise agreement upon the completion of construction or other specific obligation by a specified date, failure of the franchisee to complete construction or comply with other specific obligation as required will result in the automatic forfeiture of the franchise without further action by the City where it is so provided in the franchise agreement, unless the City, at its discretion and for good cause demonstrated by the franchisee, grants an extension of time.
H. 
No adverse action against a franchisee may be taken by the City pursuant to this Section except after a notice public hearing at which the franchisee is given an opportunity to participate.
[R.O. 2006 §715.220; CC 1985 §26.5-22; Ord. No. 94.18 §1, 6-2-1994]
A. 
If the City exercises a right to purchase a water system under the terms of a franchise agreement and pursuant to this Chapter and the City and franchisee are unable to agree on a price for the purchase of the system, the price may be determined by arbitration as set forth in Subsection (B) below. No other matter may be arbitrated unless specifically provided for in the franchise agreement. Any matter that is arbitrable under the specific provisions of a franchise agreement may be subjected to the arbitration procedures set forth in Subsection (B) below.
B. 
The arbitration procedure employed shall be consistent with the rules and procedures of the American Arbitration Association. The City and the franchisee will each select a qualified arbitrator. The two (2) persons selected shall select a third (3rd) qualified arbitrator, and the three (3) arbitrators will constitute a panel whose decision is binding on both parties. The fees of the first (1st) two (2) arbitrators shall be paid by the party selecting such person, and the third (3rd) person shall be compensated one-half (½) by the City and one-half (½) by the franchisee. The general costs of the proceeding shall be shared equally by the City and the franchisee.
[R.O. 2006 §715.230; CC 1985 §26.5-23; Ord. No. 94.18 §1, 6-2-1994]
A. 
It is the right of all users to receive all available services from the franchisee as long as their financial and other obligations to the franchisee are satisfied.
B. 
In the event of a termination or transfer of the franchise for whatever reason, the franchisee must do everything in its power to ensure that all users receive continuous, uninterrupted services regardless of the circumstances. The franchisee must cooperate with the City to operate the system for a temporary period following termination or transfer as necessary to maintain continuity of service to all users. The temporary period will not exceed twelve (12) months without the franchisee's written consent. During such period the water system must be operated under such terms and conditions as the City and the franchisee may agree, or such other terms and conditions that will continue to the extent possible, the same level of service to users and that will provide reasonable compensation to the water operation.
[R.O. 2006 §715.240; CC 1985 §26.5-24; Ord. No. 94.18 §1, 6-2-1994]
Rates and charges may be changed by the franchisee following a minimum thirty (30) calendar days' prior notice to the City and users. In the event that the franchisee is not subject to rate regulation by the Missouri Public Service Commission, the City reserves the rights to implement procedures to impose such regulation.
[R.O. 2006 §715.250; CC 1985 §26.5-25; Ord. No. 94.18 §1, 6-2-1994]
The City may conduct periodic performance evaluations of a franchisee as the City determines is necessary. A franchisee shall cooperate fully with these evaluations. If the City implements a survey of water system users in connection with a performance evaluation, the City may require a franchisee to distribute the City's questionnaire to its users at the City's expense.
[R.O. 2006 §715.260; CC 1985 §26.5-26; Ord. No. 94.18 §1, 6-2-1994]
A. 
The City Administrator or a designee shall have the responsibility for overseeing the day-to-day administration of this Chapter and franchise agreements. The Administrator shall be empowered to take all administrative actions on behalf of the City except for those actions specified in this Chapter that are reserved to the Board. The Administrator may recommend that the Board take certain actions with respect to the franchise. The Administrator shall keep the Board apprised of developments in water and provide the Board assistance, advice and recommendations as appropriate.
B. 
The Board has the sole authority to grant franchises, enter into franchise agreements, modify franchise agreements, renew franchises, revoke franchises, and authorize the transfer of franchises; provided however, the Administrator may act on pro forma transfer applications.
[R.O. 2006 §715.270; CC 1985 §26.5-27; Ord. No. 94.18 §1, 6-2-1994]
A. 
This Chapter shall be applicable to all water franchises issued by the City, whether or not such franchises were issued prior to the effective date of this Chapter; provided however, that such applicability shall not abrogate any rights or obligations of an existing franchisee or the City as may be in existence as of such effective date under the terms of a then existing franchise agreement or the prior ordinance controlling such existing franchise agreement. Further, any amendments to this Chapter occurring after such effective date shall not abrogate any rights as may exist under the terms of a franchise agreement which was in effect prior to the effective date of such amendment.
B. 
Any water franchisee whose franchise agreement predates the effective date of this Chapter shall notify the City in writing within ninety (90) calendar days of the effective date of this Chapter, or any subsequent amendment thereof, of:
1. 
Any provision which it believes should not be applicable to it by reason of the pre-existing franchise agreement; and
2. 
The reason for each such claim of non-applicability.
C. 
Failure to notify the City as provided in Subsection (B) of this Section shall constitute a waiver of any claim of non-applicability.
[R.O. 2006 §715.280; CC 1985 §26.5-28; Ord. No. 94.18 §1, 6-2-1994]
A. 
To the full extent permitted by State and Federal law, the City may construct, own, and/or operate a water system.
B. 
Nothing in this Chapter shall be construed to limit in any way the ability or authority of the City to construct, own, and/or operate a water system to the full extent permitted by State and Federal law.