[Ord. No. 700.001 §1, 6-17-2013]
A.
General. These rules and regulations have been adopted
to govern the water services furnished by the owner in a uniform manner
for the benefit of the owner and its water users and are subject to
change as herein provided without notice to any water users or any
other person. All such changes must be approved by the State Director
of the United States Department of Agriculture (USDA), Rural Development,
so long as the owner has unpaid obligations which are held or insured
by the United States of America. Any amendment or change to the rules
and regulations shall be effective on the date such amendment or change
is passed by the owner, as herein provided, or on such other date
as the owner may by resolution designate. Such amendment or change
shall be ineffective only if not approved by the USDA, Rural Development,
as hereinbefore provided, but in the event such approval is given
by the USDA, Rural Development, said approval shall be retroactive
to the date of such change or amendment, as provided herein or as
otherwise provided by resolution of the owner. If any portion of these
rules and regulations shall be declared invalid by competent authority,
such invalidity shall not affect the validity of the remaining portion.
B.
APPLICANT
LANDOWNER
OWNER
POINT OF DELIVERY
SERVICE
STATE DIRECTOR
USER
WATER SERVICE.
WATER USER'S AGREEMENT
Definitions. The following expressions, words and
terms when used herein shall have the meanings stated below:
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.
Any person owning property served by the water system of
the owner or 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 be bound by these rules
and regulations in all respects.
City of Chaffee
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.
When used in connection with the supplying of water, means
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 20 psi 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.
The State Director of the USDA, Rural Development, for Missouri,
or his successor.
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 and waste services, or to whom water services are
made available from the owner's facilities pursuant to a written water
user's agreement.
Consists of facilities for supplying water to one residence
or business establishment located on land within the jurisdiction
of the owner.
The written contract between the water user and the owner
pursuant to which water service is supplied or made available.
C.
Rate Schedule.
1.
Rate schedules for water and water service are fixed by the
owner. The rate schedule is subject to change by action of the owner,
with the approval of the State Director of the USDA, Rural Development,
so long as the owner 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 provision 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 payment of the principal
and interest on any general and special obligation bonds, then outstanding
with their attendant obligations pursuant to the obligation bonds,
then outstanding with their attendant obligations pursuant to the
terms of the bonds and the authorizing resolutions, the owner shall
increase the water rates for the first month thereafter in an amount
sufficient to meet these costs and obligations.
2.
The owner may require, at its discretion, for meters to be read
by the water users and readings reported to the owner.
3.
Users outside City limits. For users outside the City limits
of the City of Chaffee, Missouri, to whom water is furnished, the
rate shall be based on a gallon usage basis at the same schedule as
set forth above, and each customer shall additionally pay an additional
amount of $10 per month.
D.
Applications. Applications for a water user's agreement
shall make application to the owner. Such applications shall be in
writing, and the owner shall prescribe the form of such application.
E.
Service.
1.
Readiness to accept. Before installing a service
extension and providing water, the owner may require the applicant
to pipe his home and be in readiness to accept the service.
2.
Service for sole use of the water user. The
standard water service connection is for the sole use of the water
user and does not permit the extension of pipes to transfer water
from one property to any other consumer nor will the user share, resell
or submeter water to any other consumer. If an emergency or specific
situation should make such an arrangement advisable, it shall be done
only on specific written permission of the owner for the duration
of the emergency. No more than one residence shall be served by one
water service connection. A farm containing one residence and other
buildings for use in the farming operation shall be considered as
one residence, and the water user may use water from one meter for
all such buildings; provided that, in the event that a farm contains
two or more residences, a meter shall be required for each residence,
unless the owner shall find such to be an unusual hardship upon the
water user, in which case a special agreement may be made concerning
such additional residence, and the rules for a multiple-unit dwelling
as set forth in these rules and regulations shall be applied to determine
the rate for such farm containing two residences.
3.
Hardship agreements. The owner may enter into
a special agreement whereby a right of entry is granted to the owner
to read a meter placed on private property for remotely located residences
or remotely located water uses, where the location of the meter as
provided in these rules and regulations would, in the owner's opinion,
cause undue hardship and expense on the water user. Such special agreements
must be written, and no water user or applicant for water service
shall have any right to force the owner to enter into such a special
agreement, but such agreements must be entered into solely at the
discretion of the owner. The owner may in the alternative apply the
multiple-unit residence rule stated in these rules and regulations.
4.
Continuity of service. The owner will make
all reasonable efforts to supply continuous, uninterrupted service.
However, it shall have the right to interrupt service for the purpose
of making repairs, connections, extensions or for other necessary
work. Efforts will be made to notify water users whenever possible
who may be affected by such interruptions, but the owner will not
accept responsibility for losses which might occur due to such necessary
interruptions. The owner does not accept responsibility and shall
not be liable for losses which might occur due to interruptions to
service for any cause and does not accept responsibility for losses
due to failure of the owner to notify any water user of any such interruption.
5.
Services. The owner will install all water
service pipes from its mains to the meters on property abutting the
right-of-way along which the main is installed insofar as its current
financial responsibilities, obligations and conditions will permit
and insofar as adequate water pressure is available at the point of
delivery requested by the applicant or water user. The service pipe
shall not be less than three-fourths (3/4) inch in size, and the owner
will also install and pay for the owner's main connection, meter and
meter setting. The meter will be set at the point on the water user's
premises designated by the owner. The charge for services to be made
by the owner shall be that amount specified in these rules and regulations,
or as otherwise provided by the owner, but in no event shall it be
less than the cost to the owner.
6.
Right to inspect. Representatives of the owner
shall have the right at all reasonable hours to enter upon the water
user's premises to read and test meters, inspect piping and to perform
other duties for the maintenance and operation of service or to remove
its meters and equipment upon discontinuance of service by the water
user.
7.
Piping work to be inspected. All piping work
in connection with pipe and services connected with the owner's main
shall be submitted to the inspection of the owner before such underground
work is covered up. Whenever the owner determines that a job of plumbing
is obviously defective, although not in direct violation, the owner
may require that it be corrected before the water will be turned on.
The owner may prescribe the type of materials and the standard of
workmanship to be followed in enforcing this Section.
8.
Intercepting tank required for large customers. Service pipes shall not be connected to the suction side of pumps.
The supply for use of a character requiring a large quantity of water
within a short period will not be permitted except through intercepting
or intermediate storage tanks.
9.
Check valves, flush valves and vacuum breakers. Water users having boilers or hot water systems connected with mains
of the owner must have a check valve in the supply pipe to the boilers
and hot water heating systems, together with a release valve at some
point between the check valve and the heating system. All water users
are hereby cautioned against danger of collapse of boilers since it
is sometimes necessary to shut off the supply of water without notice
and, for this reason, a vacuum valve should be installed in the steam
lines to prevent collapse in case the water supply is interrupted.
The owner, however, will not be responsible for accidents or damages
resulting from the imperfect action or failure of said valves.
10.
Cross-connections and interconnections.
a.
The owner will not allow to be made any physical connection
in its water supply system to that of any other pipe system or equipment,
where such other pipe system or equipment in any manner receives all
or any part of its supply of water directly or indirectly from wells,
streams or any source other than that of the water system of the owner.
b.
No other interconnection or cross-connection, as defined below,
shall be permitted. The making, causing or permitting of the installation
or existence of any interconnection or cross-connection shall constitute
a violation of the rules and regulations of the owner, and such prohibited
connection shall be removed forthwith in a manner acceptable to the
owner and the duly constituted public health officials.
c.
Failure to do so within two (2) days from and after date of
notification by the owner may result in discontinuance of water service
without further notice.
d.
CROSS-CONNECTION
INTERCONNECTION
When used in these rules and regulations, the following words
and phrases shall have the meanings herein provided:
A cross-connection is any pipe, valve, or other arrangement
or device connecting the pipe lines of the owner or facilities directly
or indirectly connected therewith to and with pipes or fixtures supplied
with water from any source other than the lines of the owner directly
connected.
An interconnection is a plumbing arrangement, other than
a cross-connection, by which contamination might be admitted or drawn
into the distribution system of the owner, or into lines connected
therewith, which are used for the conveyance of potable water.
e.
The owner shall have the right at all hours to enter upon the
water user's premises for the purpose of inspection and enforcement
of this provision.
11.
Applicants having excessive requirements. In
the event of an applicant whose water requirements are bound to exceed
the owner's ability to supply it from existing physical assets without
adversely affecting service to other water users, the owner will not
be obligated to render such service, unless and until suitable financing
is provided by the applicant to cover the additional physical assets.
The owner has no obligation to reimburse the applicant for physical
assets provided.
12.
Customer's duty regarding service lines.
a.
The water's user's service pipe and all connections and fixtures
attached thereto shall be subject to the inspection of the owner before
the water will be turned on, if the owner so elects, and all properties
receiving a supply of water and all service pipes, meters and fixtures,
including any and all fixtures within any improvements or buildings
on said properties, shall at all reasonable hours be subject to inspection
by any duly authorized employee or agent of the owner.
b.
All service pipes shall be laid at all points at least forty-two
(42) inches below the surface of the ground and shall be placed on
firm and continuous earth so as to give unyielding and permanent support.
They shall not be laid in sewer ditches. It shall be installed in
the trench at least eighteen (18) inches in a horizontal direction,
in undisturbed earth, from any other trench wherein are laid gas pipe,
sewer pipe, or for other facility, public or private. Such service
line shall not pass through premises other than that to be supplied
unless the owner shall so agree in writing.
c.
The water user shall, at his own cost and expense, make all
changes in the service pipe required or rendered necessary on account
of changes in the street grades, relocation of mains or other causes.
d.
No fixture shall be attached to, or any branch made in, the
service pipe between the main of the owner and the meter.
e.
Any repairs or maintenance necessary to the service pipe or
any pipe or fixture in or upon the water user's premises shall be
performed by the water user at his sole expense and risk.
f.
Service pipes must be kept and maintained in good condition
and free from all leaks, and for failure to do so the water supply
may be discontinued.
g.
The owner shall in no event be liable for any damage done or
inconvenience caused by reason of any break, leak or defect in, or
by water escaping from, service pipes or from fixtures on the premises
of the owner or water user. The water user shall be billed in the
usual manner for the cost of all such water according to the rate
schedule of the owner as provided for in these rules and regulations.
13.
No one but owner's employee may turn water off or on. No one but an employee or a person authorized by the owner shall
turn on water or shut off water to any water user or to any property,
except in the case of escaping water.
14.
Water users requiring uninterrupted supply.
a.
The owner will endeavor to give reasonable service, but does
not guarantee a sufficient or uniform pressure, or an uninterrupted
supply of water, and water users are cautioned to provide sufficient
storage of water where an absolutely uninterrupted supply must be
assured, such as for steam boilers, hot water heating systems, gas
engines, etc.
b.
Fixtures or devices taking a supply of water directly from the
service pipes, depending upon the hydraulic pressure of the pipe system
of the owner for supplying same under working pressure, would do so
at the risk of the parties making such attachments, as the owner will
not be responsible for any accidents or damages to which such fixtures
or devices are subject.
F.
Fire hydrants.
1.
Private fire hydrants may be installed by a written agreement
with the owner, provided that the owner shall take into account all
possible costs to the owner and charge an equitable price therefor,
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 owner shall take into consideration
the same factors when entering such a contract.
2.
In the event that the owner undertakes to furnish fire hydrants
as a part of the service to the water users of the owner, then all
water users of the owner shall be furnished with substantially the
same degree of benefit from such hydrants, and, in the event that
this is impossible, then those receiving a higher degree of benefit
shall pay an additional charge above the rates for water herein provided
which shall be for such additional benefit. Such rates shall be equitable
to all water users and shall depend upon cost studies made by the
owner's employees or consultants.
G.
Meters.
1.
Meters furnished by owner. Meters will be furnished,
installed, owned, inspected, tested and kept in proper operating condition
by the owner, 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 owner. Meter tests
will be made according to methods of the American Waterworks Association
by the owner as often as deemed necessary by the owner.
2.
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 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.
3.
Meter location. Meters shall be set in an accessible
place on the outside of buildings, except where otherwise directed
by the owner. 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 owner.
4.
Requested meter tests. Meter tests requested
by water users shall be performed without cost to the water user if
the meter is found to be in excess of two-percent fast. Otherwise,
the water user for whom the requested test was made will be charged
for the cost of making the test.
5.
Water user's responsibility. The water user
shall be responsible for any damage to the meter installed for his
service for any cause other than normal wear and tear.
H.
Water User's Bills.
1.
Bills will be rendered for service by the fifth day following
the close of the period for which the service was rendered as set
forth in the rate schedule. Service bills not paid by the 11th day
after the bills were rendered shall be subject to a ten-percent late
charge. Failure of the owner to submit a service bill shall not excuse
the water user from his obligation to pay for the water used when
the bill is submitted. Failure to pay a bill by the 17th day following
the date the bill was rendered shall result in the disconnection of
the service and such disconnection shall be made without the necessity
of notice to the water user. 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
owner, its agents or employees. The owner, its agents and employees
shall not be liable to the water user or the landowner of any property
used, held, occupied, rented, or leased by the water user for any
such damage when disconnection is made according to these rules and
regulations, and it shall be immaterial that no notice of such disconnection
was given to the water user or to said property owner.
2.
In the event that meters cannot be read at the close of the
period for which billing is made because of inclement weather or the
condition of the earth around the meters, which in the opinion of
the owner makes reading unusually difficult, costly or impossible,
then the bills may be estimated by using, at the discretion of the
owner, either the amount of water used by the water user in the previous
billing period, or in the same billing period in the previous year,
and the bill for such period shall be based upon such amount of water
used. The meter reading and the bill rendered for any period subsequent
to a period for which the bill of any water user shall be based upon
such estimates shall take into account such estimates, and such estimates
shall be considered the actual amount of water consumed for the period
or periods estimated. Estimates may be made in the case of one or
more water users for all water users of the owner at the discretion
of the owner and it shall not be required that all bills be estimated
in the event any one or more water users' bill are estimated as herein
set forth.
3.
Bills may be submitted on a monthly, bimonthly or quarterly
basis as the owner may provide and direct in its actions establishing
a rate schedule.
I.
Discontinuance of Water Service.
1.
Water service will be discontinued to any water user or property
on account of temporary vacancy of such property upon written request
of the water user, without in any way affecting the agreement in force,
and upon payment of all charges due as provided in the rules and regulations
of the owner.
2.
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 previously
unpaid bills, plus ten-percent interest thereon, shall be paid before
reconnection shall be allowed for such water user or property.
3.
Each applicant or user shall be required to pay a deposit charge
of fifty dollars ($50.00). In case the user no longer desires to buy
water from the owner, the user shall express such intention to the
owner at least twenty-four (24) hours before it is to be terminated.
The owner will then calculate any charges that may be owed for water
and subtract said amount from the deposit, retaining such amount and
refunding the balance to the user.
4.
Except in the case of failure of the water user to pay the bill
owed the owner for water service, as set forth in these rules and
regulation, 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 days, mailed to such customer at his
address as shown upon the owner's records, or personally delivered
to the water user or a member of the household, advising the water
user what rule has been violated for which service will be discontinued
if the violation is permitted to continue; provided, however, that
where misrepresentation of use of water is detected, or where the
owner's regulating or measuring equipment has been tampered with,
or where a dangerous condition is found to exist on the water user's
premises, service may be shut off without notice in advance. Subject
to the foregoing provisions, service rendered under any application,
contract or agreement may be discontinued by the owner for any of
the following reasons:
a.
For willful or indifferent waste of water due to any cause.
b.
For failure to protect from injury or damage the meter and 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 owner.
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 owner's
controlling or regulating the water user's water supply.
d.
For failure to provide the owner'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 owner.
f.
In case of vacancy of the premises.
g.
For violation of any rules and regulations of the owner.
h.
For any practice or act prohibited by the Missouri Division
of Health.
i.
For failure to allow any owner's employee, officer, agent, or
representative the right to inspect the water user's premises for
any purpose set forth in these rules and regulations.
5.
The discontinuance of the supply of water to a property for
any reason shall not prevent the owner from pursuing any lawful remedy
by action at law or otherwise for the collection of monies due from
the water user or property owner.
6.
Water will not be turned on to any property unless there is
at least one adult person therein at such time to see that all water
outlets in the premises are closed to prevent damage by escaping water.
7.
Only an employee, officer or agent of the owner may turn on
water, and all applicants and water users are expressly forbidden
to do so.
J.
Agreements with Governmental and Public Bodies. The
owner 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 contracts must receive written approval
by the State Director before being placed in effect.
K.
Future Connections. In making a future connection
to an applicant for water service after the completion of the 2013
water project of the owner, the owner shall charge a fee at least
equal to the cost to the owner for 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 owner, but said
fee shall in no event be less than one hundred dollars ($100.00) for
a three-fourths-inch tap size and for a tap size greater than three-fourths
(3/4) inch the actual cost of materials and labor necessary for completion
of such waterline tap.
L.
Main Extensions.
1.
Extensions of water mains and lines shall be made by the owner
upon written application on a form approved by the owner. If said
application is approved, the main or line shall be extended, provided
that:
a.
The applicant pays all construction, engineering and legal expense
of such extension. Said payment shall be made in advance to the owner
or at the discretion of the owner may be placed in a special escrow
account. If the cost and expense of such construction is not ascertainable,
the cost thereof shall be estimated, and said amount shall be paid
the owner or put in a special escrow account, applicant and the shall
agree to pay any additional costs incurred for such extension.
b.
Before granting to an applicant the right to make such extension,
or before entering into an agreement therefor, the owner shall first
determine that the extension will not materially affect in an adverse
manner the service rendered to any existing customers of the owner.
In the event the owner determines, based upon information furnished
by its employees and consultants, that such extension would have a
material adverse effect upon existing water users of the owner, then
the owner shall not permit such extension.
c.
In the event the applicant desires to perform the construction,
the applicant shall pay all engineering, legal and administrative
costs incurred by the owner incident to the approval of the plans
and specifications for construction of the improvements, the perfecting
of all rights-of-way and other costs incident to the construction.
2.
The construction and materials shall be inspected by a qualified
inspector, furnished by the owner. The cost of this inspector shall
be borne by the applicant.
3.
Upon satisfactory completion and testing, the improvements shall
be dedicated, free and clear of all encumbrances, to the owner.
4.
All plans and specifications for main extensions or improvements
will be approved by the owner and the appropriate agency of the State
of Missouri.
M.
Multiple-Unit Dwellings.
1.
In the event that service is desired by a landowner of a multiple-unit
residence, said multiple-unit residence being herein defined as a
dwelling unit housing more than one family, and such definition shall
include duplexes, triplexes, fourplexes, apartments and all similar
structures and residences, then the landowner shall be required to
acquire a water meter for each unit or, in the alternative, to enter
into a special written agreement with the owner whereby all units
of such residence are served by one water meter, that the total gallons
used during each billing period, as determined by the rate schedule
resolution of the owner, by such multiple-unit residence shall be
divided by the number of units in such residence, and the water user
shall be charged for each individual unit within the multiple-unit
residence on a pro-rata basis, as though such amount of water was
used for such billing period by an individual user, and each water
user in such unit shall pay the water rates as set forth in the rate
schedule resolution of the owner for such water user's proportionate
share of the water as though such water user were an individual user
in a one-family residence; provided, further, that the landowner of
the property shall be responsible for payment of all such bills of
all units contained within any multiple-unit residence, and that the
amount of the water meter deposit shall be determined by the owner
as herein set forth.
2.
The owner shall be the sole judge and shall have full authority
to determine how many units are contained in a residence, and such
determination shall be final and binding upon the landowner of any
such residence and upon any water user therein.
N.
Trailer Courts.
1.
In the event that a trailer court, also known as a mobile home
court, desires service, the landowner shall be required to acquire
a water meter for each trailer space or, in the alternative, to enter
into a special agreement with the owner whereby all units of such
trailer court are served by one water meter, but the total gallons
used during each billing period by the trailer court shall be divided
by the number of units using water during such billing. The water
used shall be charged to each individual unit on a pro-rata basis,
as though such amount of water was used for such billing period by
an individual user, and the landowner of the trailer court shall pay
as a bill for such billing period the total of such bills computed
as above set forth. The amount of the water meter deposit shall be
determined by the owner as set forth in these rules and regulations.
2.
The number of trailers using water during each billing period
shall be the number of trailer locations actually served during such
time, and the owner, its employees, and agents shall determine how
many such units are served, and such determination shall be final
and binding upon the landowner of the trailer court.
O.
Rate For Tank Sales. 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 owner. The owner may prohibit the sale of water in bulk to any
user or non-user when water service is available from the owner.
P.
Liability Of Owner.
1.
The owner 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 owner 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.
2.
The owner 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 any interruption of service.
Q.
General.
1.
No person shall turn the water on or off at any street valve,
corporation cock, curb cock or other street connection, or disconnect
or remove any meter without the consent of the owner.
2.
No employee or agent of the owner shall have the right or authority
to bind it by any promise, agreement or representation contrary to
the letter of intent of these rules and regulations or the laws of
the State of Missouri.
3.
Any complaint against the service or employees of the owner
should be made at the office of the owner in writing.
4.
The service pipes, meters and fixtures on the water user's property
shall at all reasonable hours be accessible to the owner for observation
or inspection.
5.
In the event the total water supply shall be insufficient to
meet all of the needs of the water users, or in the event there is
a shortage of water, the owner may prorate the water available among
the various users on such basis as is deemed equitable by the owner
and may also prescribe a schedule of hours covering the use of water
for purposes specified and require adherence thereto, or prohibit
the use of water for certain specified purposes if at any time the
total water supply shall be insufficient to meet all of the needs
of all of the water users for domestic, livestock, garden and other
purposes and the owner must first satisfy all the needs of the water
users for domestic purposes before supplying any water for livestock
purposes and must satisfy the needs of all the water users for domestic
and livestock purposes before supplying water for other purposes.
R.
Amendment Of Rules and Regulations. These rules
and regulations may be amended at any regular meeting of the owner
or at any special meeting thereof called for such purpose.
[CC 1978 §610.010; Ord. No. 525 §§1, 7, 9-10-1956]
A.
Any
owner desiring to introduce water from the system to any house or
other place shall first procure a permit from the Water Superintendent
for each and every connection required. All applications for permits
must be made in writing upon blank forms furnished by the City and
signed by the owner or his/her agent.
B.
The
application must be made at least one (1) day before the connection
is to be made. Such application shall state the size and number of
taps required, the size and kind of service pipes to be used, the
name of the street and the width of the street, and if on a corner
on which street the main is to be tapped, the full name of the owner,
street number of the property, the purpose for which the water is
to be used, the time when the tap is to be made, together with a diagram
of the property to be supplied showing the streets bounding the block
on which it is situated and all other particulars required for a full
understanding of the subject.
C.
The
corporation cock and gooseneck to be used, including the service pipe
to connect the same with the service cock at the main, the digging
of trenches and filling the same as well as all plumbing to connect
the corporation cock with the service cock shall be furnished by the
property owner. The City will maintain water lines from the water
mains to the meter or property line, whichever is closer, provided
the tap is made to the water main adjacent to the house or building
and if the tap is not made to a water main adjacent to said building,
then the City shall maintain the water line to the curb only.
D.
Said
City reserves the right to discontinue the water service to any user
when the service line and appurtenances thereto are in bad condition
and in need of repair after written notice of the condition of the
pipe or appurtenances has been given the property owner by the Water
and Sewer Committee or by the Water Superintendent at least five (5)
days before the water service shall be discontinued. A water service
line may be placed in a trench dug for a sewer line, provided the
water service line is placed on a ledge or shelf at least ten (10)
inches wide, twenty-four (24) inches below the surface on one (1)
side and the water service line laid on top of the ledge or shelf
as far from the sewer trench ledge as possible so that said line will
not be effected by any settling of said sewer trench.
[CC 1978 §610.020; Ord. No. 525 §11, 9-10-1956]
The water meter box shall be located outside property line;
that is, the meter box shall be on City property except for the meter
boxes that are already located on private property.
[CC 1978 §610.030; Ord. No. 525 §4, 9-10-1956]
The rules and regulations and water rates hereinafter mentioned,
named and fixed shall be considered and are a part of the contract
with every person, company, or corporation supplied with water through
the system of the City of Chaffee, and every person, company or corporation
by taking water shall be considered as expressing his/her, theirs,
or its consent and assent to be bound thereby.
[CC 1978 §610.035; Bill No. 90-9(610.035), 4-16-1990]
For purposes of Chapter 610 of the City ordinances of the City of Chaffee, a person, company or corporation supplied water through the combined water and sewage system of the City of Chaffee, Missouri, shall be deemed to be a user outside the City limits of the City of Chaffee if any part of the principal residential structure or principally used building on any lot to which such water service is supplied is outside the City limits of the City of Chaffee, Missouri.
[CC 1978 §610.039; Bill No. 2006-32(610.039), 11-20-2006]
Each customer of the City of Chaffee combined water and sewerage
system whose property is outside the City limits of the City of Chaffee
shall be required to sign a water user agreement before receiving
services from the water system. The water user agreement shall be
substantially in the form as may be adopted by the City Council and
as may be amended from time to time as the City Council may require.
[CC 1978 §610.080; Ord. No. 525 §§20, 23, 9-10-1956; Bill No. 98-27(610.040), 12-21-1998]
A.
The
following rules and restrictions for the government of consumers are
hereby adopted and established:
1.
No owner or occupant of any property in which water has been introduced
will be allowed to supply other persons or families. For violation
water will be shut off.
2.
No addition, alteration or change whatever in or about any conduit
pipes or water cocks shall be made or caused to be made by any property
owner or consumer without first procuring a permit from the Water
Superintendent so to do and such additions, alterations or changes
shall in all cases be made by a duly licensed plumber under the ordinances
of this City.
3.
All consumers shall keep their own service pipes, including all pipes
from the mains, and cocks and apparatus in good repair and protected
from the frost at their own expense and shall prevent all unnecessary
waste of water. It is expressly stipulated that no claim shall be
made against the City of Chaffee by reason of the breaking of or leaking
of any curb cocks or service pipes.
4.
No outlet will be permitted to be kept running when not in actual
use. Faucets at wash basins, water closets, bathtubs and urinals must
be kept closed in like manner.
5.
Application for water must be made by the owner or agent of the property
owner in writing to the Water and Sewer Committee and must state fully
and truly all purposes for which water is required. Parties must frankly
and without concealment answer all questions required by said application
blank. In case of fraudulent misrepresentations on the part of applicant
or of uses of water not embraced in the application or willful or
unreasonable waste of water, the Water and Sewer Committee shall have
the right and is hereby authorized to stop the supply of water until
the party shall promptly pay such additional charges as the Water
and Sewer Committee shall impose for such unauthorized use of water.
6.
The various persons employed by the Water and Sewer Committee shall
have free access at proper hours of the day to all parts of every
building in which water is delivered and consumed to examine the pipes
and fixture in order to ascertain whether there is any unnecessary
waste of water.
7.
Except for non-payment of delinquent service bills, the City of Chaffee
reserves the right to stop the supply of water services, without any
preliminary notice, for violation of any rules and requirements of
customers of the City of Chaffee water and sewage system. The service
will not be restored until full compliance of all rules and regulations
shall be fulfilled and upon the payment of twelve dollars fifty cents
($12.50) for the disconnection fee plus an additional twelve dollars
fifty cents ($12.50) for the reconnection fee for the customer.
8.
The City of Chaffee reserves the right at any time to shut off the
water by first giving one (1) hour's notice thereof for the purpose
of making repairs or extensions or for any other purpose, and all
persons having boilers within their premises not supplied with tanks
or otherwise but which are dependent upon the pressure in the mains
to keep them supplied are hereby cautioned against danger of collapse.
9.
No person unauthorized by the City shall take any water from any
public or private hydrant, street washer, plug, draw cock, hose, pipe
or fountain, except for fire purposes and for the use of the Fire
Department in case of fire, or in any way use or take the water for
private use without first paying for the same and receiving a receipt
therefor.
10.
It shall be unlawful for any consumer, where no meter has been installed,
to sprinkle, eject or draw water, by means of hose or other attachment,
from any outlet on his/her premises for use on any other premises
not occupied, used or owned by such consumer; this prohibits the sprinkling
of premises other than those of the consumer to use the water except
for the extinguishment of a fire.
[CC 1978 §610.090; Ord. No. 525 §5, 9-10-1956]
Whenever any of the rules and regulations herein, or such other
rules and regulations as the City of Chaffee may hereafter adopt,
are violated, the water shall be shut off from the buildings or place
of such violations, although two (2) or more persons may receive the
water through the same pipe and the same shall not be again turned
on except by the order of the City Administrator or Mayor or by the
order of the City Council, and then only by payment of twenty-five
dollars ($25.00) and all arrears of water rental; and in case of any
violations, any payment for the water by any person, company or corporation
committing such violations shall be forfeited to the City.
[CC 1978 §610.100; Ord. No. 525 §18, 9-10-1956]
The City of Chaffee shall in no way be liable to the property
owner, tenant, or consumer for damage due to the water pressure in
the City main or service pipes or the freezing or bursting of water
pipes, fixtures and appurtenances or for the failure of the said City
to supply water at all times or in insufficient amounts.
[CC 1978 §610.110; Bill No. 99-10(610.110), 5-17-1999]
A.
Definition
of the term "lead free":
B.
All
materials used in the construction, expansion, modification or improvement
of a public water system or customer of the water system of the City
of Chaffee shall be lead free. This shall not apply to leaded joints
necessary for the repair of cast iron pipes which were in use prior
to August 28, 1989.
C.
Any
water system of a customer of the City of Chaffee constructed, expanded,
modified or repaired after January 1, 1989, that is found to contain
materials that are not lead free shall have the water meter removed
or otherwise have the service line severed from the public system
until such time as the customer can show proof that the lead containing
materials have been removed.
D.
The
City shall reserve the right to inspect or cause to be inspected the
customer's water system before reconnecting to the public water supply.
[CC 1978 §610.070; Ord. No. 525 §15, 9-10-1956; Bill No. 89-20(610.070), 11-20-1989; Ord. No. 700.200 §1, 9-6-2016]
A.
Before
the water is turned on in any private dwelling where the water customer
is the owner of the dwelling or business place within the City of
Chaffee, Missouri, it will be necessary to make application to the
City Water Department for service. Along with this application, it
will be necessary to place a deposit with the City before the water
is turned on. The amount of deposit shall be seventy-five dollars
($75.00).
B.
Before
the water is turned on in any private dwelling within this City wherein
the dwelling is to be occupied by a renter within this City, it will
be necessary to make application to the City Water Department for
service. Along with this application, it will be necessary to place
a deposit with the City before the water is turned on. The amount
of deposit shall be one-hundred, twenty-five dollars ($125.00).
C.
In
case said customer no longer desires to buy water from the City, said
customer shall express such intention to the City Water Department
at least twenty-four (24) hours before it is to be terminated. The
City will then calculate any charges that may be owed for water and
subtract said amount from the deposit, retaining such amount and refunding
the balance to the customer.
[CC 1978 §610.011; Bill No. 96-11(610.011), 5-20-1996]
A.
Any owner desiring to introduce water from the municipal water system to any house, commercial establishment or industrial establishment shall upon making application for a tap permit as required by Section 700.010 of the City ordinances of the City of Chaffee pay a tap fee in accordance with the following schedule:
|
Tap Size
|
Cost
| |
|---|---|---|
|
3/4 inch
|
$100.00
| |
|
Larger than 3/4 inch
|
Actual cost of materials and labor necessary for completion
of such water line tap
|
B.
The tap fee as established herein shall be in addition to any and all other costs, fees or expenses required by other provisions of these ordinances including, but not specifically limited to, Section 500.040(B).
[CC 1978 §610.040; Ord. No. 718 §1, 5-16-1968; Ord. No. 731 §§1—5, 4-24-1969; Bill No. 98-27(610.040), 12-21-1998;
Bill No. 2007-15(610.040), 5-7-2007; Bill No. 2009-05(610.040), 4-6-2009; Ord. No. 700.220 §1, 7-2-2012]
A.
Schedule Of Rates.
1.
The rates scheduled to be charged and collected for water service
unless provided otherwise in this Chapter shall be based on a gallon
usage basis in the following schedule:
[Ord. No. 700.220, 1-3-2023]
|
Gallon
|
Water Charge
|
|---|---|
|
1,000 or less
|
$20.25
|
|
1,001 or more
|
$20.25 plus $0.65 per 100 gallons for all gallons used over
1,000 gallons
|
|
The foregoing rates shall apply only to customers (users) within
the City limits of the City of Chaffee, Missouri.
| |
2.
Users outside City limits. For users outside the
City limits of the City of Chaffee, Missouri, to whom water is furnished,
the rate shall be based on a gallon usage basis at the same schedule
as set forth above and each customer shall additionally pay an additional
amount of ten dollars ($10.00) per month.
B.
Special Circumstances. The rates required to be charged
and collected for water service shall be as follows in the special
circumstances:
Multiple Dwelling Rates. Multiple dwellings shall include condominiums, apartment houses, trailer parks, housing developments or other living quarters made up of more than one (1) dwelling unit to which water services are furnished by such means so that such service is metered through one (1) meter and the cost is borne by one (1) designated entity, person, firm or corporation, association, governmental or quasi-house or governmental unit, whether such cost be apportioned among the respective dwelling units or not. The amount to be charged to the one (1) designated entity per month shall be based upon an average gallon use amount subject to a minimum. The monthly amount shall be determined by dividing the metered amount of water by the number of units being served for the metered period to obtain an average gallon use per unit. From that average gallon use per unit figure the rate per unit shall be determined by utilizing the rate for water charges based upon Subsection (A) of Section 700.220 herein. The amount to be charged to the one (1) designated entity shall then be determined by multiplying the rate per unit times the number of units served during the metered period. In no event shall the rate charged be less than the amount which could be charged utilizing a minimum of seven dollars ($7.00) per month for each dwelling unit served during that month. Other multiple premises served by one (1) meter which premises are used for other than residential purposes shall be governed by the same rate structure as multiple dwelling rates above.
C.
If any user of water shall use more than twenty-five thousand (25,000) gallons of water in any month and if as established by records kept and maintained by such user and open for inspection by the City's representative more than one-half (½) of the water so used by said customer was not discharged into the sewerage system of the City, then the charge hereinbefore specified in Section 700.220 hereof made to said customer for the use and services of the sewerage system of the City shall be based on the amount of water furnished said customer during said month less the amount of such water which was not discharged into the sewerage system of the City. Such water meter as may be necessary to measure the amount of water which is not discharged into the City's sewerage system shall be paid for and installed by the customer.
D.
No
sewerage services shall be furnished or rendered free of charge to
any person, firm or corporation.
E.
The
Superintendent of the combined waterworks and sewerage system of the
City and the City Clerk or such other officers or representatives
of the City as may be designated from time to time shall cause all
water meters to be read and bills for water and sewerage services
to be rendered monthly as services accrue. All bills shall be due
and payable from and after the date such bills are rendered at the
office of the City Clerk or other place designated by the City Council
during the regular hours of business. The City Clerk or other representative
of the City may calculate the amount of each bill for sewerage services
and may add the same to the amount of the bill of the customer for
water services and render such customer a combined bill for such water
and sewerage services.
F.
Billing.
1.
All customers of the City of Chaffee combined waterworks and sewerage
system shall be billed monthly (service bill or billing statement).
The rate to be charged to each customer shall be in accordance with
the applicable rate schedule for the service being provided.
2.
Each billing statement rendered by the City of Chaffee shall be computed
on the actual usage during the billing period except as follows:
a.
When the rate schedule requires periodic billing based upon other
factors, in such event billing shall be based upon the rate schedule
factors, or
b.
The City of Chaffee reserves the right to render a bill based on
estimated usage for any of, but not limited to, the following reasons:
(1)
When extreme weather conditions, emergencies or work stoppages
prevent actual meter readings.
(2)
When a customer fails to provide safe and/or reasonable access
to his/her premises for the purpose of reading the meter.
(3)
Should the meter be damaged or tampered with in any manner which
may render its reading inaccurate.
G.
All
service bills shall be due and payable in full from the date of rendition
of the service bill through the tenth (10th) day of the month immediately
following the date of rendition of the service bill. If the service
bill is not paid in full by the tenth (10th) day of the month immediately
following the date of issuance of the service bill, the service bill
shall be considered delinquent. The date of payment for remittance
through the mail shall be the date on which the City of Chaffee receives
the remittance. If the tenth (10th) day of the month falls upon a
weekend or holiday or any other day when the offices of the City of
Chaffee which are regularly used for payment of water and sewage bills
are not open to the general public, the delinquent payment date shall
be extended through to the close of the next regular business day.
H.
A ten
percent (10%) delayed payment charge shall be imposed on the current
amount due on all delinquent accounts. The delayed payment charge
shall be due and payable on the date that the account becomes delinquent.
The delayed payment charge shall continue to be added to each delinquent
service bill for each additional thirty (30) days of delinquency.
I.
Whenever
a customer shall order his/her service terminated or otherwise cease
to be a customer, all amounts owed by the customer to the City of
Chaffee shall immediately become due and payable.
J.
Discontinuance Of Service.
1.
The City of Chaffee through its appropriate officials or agents or
employees may discontinue service to customers of the water and sewerage
system of the City of Chaffee for any of, but not limited to, the
following:
a.
Non-payment of a delinquent service bill for utility services.
b.
Failure to post required security deposit.
c.
Failure to comply with the terms and conditions of any type of settlement
agreement relating to a current or prior utility account.
d.
Refusal to grant access at reasonable times to equipment installed
upon the premises of the customer for the purpose of inspection, meter
reading, maintenance or replacement.
2.
Prior to any service disconnection for non-payment, the City of Chaffee
shall give a minimum of five (5) days' written notice of such intent
by either mailing the notice to the customer at his/her service bill
mailing address or by posting the notice on the premises where service
is to be disconnected. Where both methods of notification are utilized,
for purposes of construing this Section, the date of the first (1st)
notification (regardless as to whether by mailing or posting) shall
be deemed to be the beginning date of the five (5) day notice period.
3.
The notice of intent to disconnect provided by the City of Chaffee
to the customer shall advise the customer that the discontinuance
may be contested by providing a written notice of contest to the City
Collector of the City of Chaffee within five (5) days of the date
the City gave the customer notice of intent to disconnect.
4.
Any customer who desires to contest the discontinuance of service
shall notify, in writing, the City Collector of the City of Chaffee.
The notice contesting the discontinuance of service must be received
by the City Collector within five (5) days of the date of the first
(1st) written notice provided to the customer notifying the customer
of delinquency and discontinuance or suspension of services.
5.
A hearing panel consisting of the Mayor and not less than three (3)
members of the Water and Sewer Committee of the City Council of the
City of Chaffee shall hold a public hearing within forty-eight (48)
hours of the receipt of a notice of contest by a water customer. The
hearing panel shall determine if the discontinuance of service shall
be effectuated. The customer contesting the discontinuance of service
shall be notified of the time and place of the hearing and shall be
permitted to present information to the hearing panel for consideration.
6.
Any person aggrieved by the determination of the hearing panel may
appeal the decision to the Circuit Court of Scott County, Missouri,
within fifteen (15) days from the date of the hearing. The appeal
of the decision of the hearing panel does not stay the effectuation
of the determination made by the hearing panel.
K.
Customer Must Contest Within Time Allowed — Reconnection Of
Services.
1.
If a customer fails to timely contest a disconnection notice, or
if upon hearing, the hearing panel determines that discontinuance
of services is proper, services may be discontinued and that customer's
service deposits utilized as payment of any delinquent amounts, delayed
payment charges, and disconnection fees. Prior to reconnection or
reinstitution of services, the customer shall pay, in addition to
all delinquent charges and fees (including disconnection and reconnection
fees and charges), a sufficient amount so that the service deposit
held by the City of Chaffee for the customer is equal to the total
of the required service deposit amount.
2.
Reconnection of service to a customer who has been disconnected under
the provisions of this Section shall be effectuated on the next business
day following the date of disconnection, unless the same can be reconnected
sooner during normal working hours of the Public Works Department.
L.
Disconnection Fee.
1.
A disconnection fee of twelve dollars fifty cents ($12.50) shall
be charged when the City is required to disconnect the services of
a customer for non-payment. Additionally, a reconnection fee of twelve
dollars fifty cents ($12.50) shall be charged to any customer for
reconnection to the City water and sewer services where the service
has been disconnected because of non-payment of service billings.
2.
In addition to the reconnection fee required hereinabove, upon request
of a disconnected customer and provided the Public Works Department
has available personnel and upon the payment of a forty dollar ($40.00)
fee, a reconnection of service may be effectuated after normal working
hours of the Public Works Department.
[CC 1978 §610.041; Bill No. 2006-17(610.041), 8-7-2006]
A.
The
Missouri State "primacy fee" will be collected annually in the month
of March for the water service provided in the preceding month. This
fee will be stated separately on the customer's water bill as a "State
primacy fee".
B.
The
charge assessed against each customer of the Chaffee water system
as established by the State is determined on the basis of meter size
as stated below. The City shall use its records to determine the initial
fee which, unless challenged within thirty (30) days after the date
the fee becomes delinquent, shall be conclusively presumed to be accurate:
For customers with meter size 1 inch or smaller: $3.00/year
Meter size greater than 1 inch but less than or equal to 2 inches:
$7.44/year
Meter size greater than 2 inches but less than or equal to 4
inches: $41.16/year
Meter size greater than 4 inches: $82.44/year
C.
This
State primacy fee shall be billed to each water customer on an annual
basis along with water charges referred to in other locations in the
ordinances in the City of Chaffee, Missouri.
[CC 1978 §610.050; Ord. No. 525 §6, 9-10-1956]
The right is reserved by the City Council to change the rules,
regulations and water rates from time to time as the interest of the
City and economical conduct of the water system may demand and by
virtue of this Section the City Council reserves the right to make
any necessary changes to any Section of this Title, to decide all
questions of dispute which may arise under the same between the City
and private water takers hereof. The decision of the City Council
shall be final and binding on the City and other party or parties,
and shall be assented to and complied with by both parties, and shall
become a part of every contract for water, etc., between the City
and all water takers.
A.
Sewerage services, water services, or water and sewerage services combined shall be deemed to be furnished to both the occupant and owner of the premises receiving such service and, except as otherwise provided in Subsection (B) of this Section, the City rendering such services shall have power to sue the occupant or owner, or both, of such real estate in a civil action to recover any sums due for such services less any deposit that is held by the City for such services, plus a reasonable attorney's fee to be fixed by the court.
B.
When
the occupant is delinquent in payment for thirty (30) days, the City
shall make a good faith effort to notify the owner of the premises
receiving such service of the delinquency and the amount thereof.
Notwithstanding any other provision of this Section to the contrary,
when an occupant is delinquent more than ninety (90) days, the owner
shall not be liable for sums due for more than ninety (90) days of
service. Any notice of termination of service shall be sent to both
the occupant and owner of the premises receiving such service.
C.
The
provisions of this Section shall apply only to residences that have
their own private water and sewer lines. In instances where several
residences share a common water or sewer line, the owner of the real
property upon which the residences sit shall be liable for water and
sewer expenses.
D.
Notwithstanding
any other provision of law to the contrary, any water provider who
terminates service due to delinquency of payment by a consumer shall
not be liable for any civil or criminal damages.
E.
The
provisions of this Section shall not apply to unapplied-for utility
services. As used in this Subsection, "unapplied-for utility
services" means services requiring application by the property
owner and acceptance of such application by the utility prior to the
establishment of an account. The property owner is billed directly
for the services provided, and as a result, any delinquent payment
of a bill becomes the responsibility of the property owner rather
than the occupant.
