City of Chillicothe, MO
Livingston County
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Table of Contents
Table of Contents
Article I In General

Section 700.010 Definitions.

Section 700.020 Scope of Provisions.

Section 700.030 Service To Comply With Technical Provisions.

Section 700.040 Water and Sewer Service Outside City Limits.

Section 700.050 Inspection Outside The City.

Section 700.060 Right of Entry.

Section 700.070 Termination of Service Authorized.

Section 700.080 Liability of City For Damage.

Section 700.090 Utility Service — Application Required.

Section 700.100 Utility Service — Permit.

Section 700.110 Utility Service — Not Available To Debtors.

Section 700.120 Utility Service — Use Assumed.

Section 700.130 Not To Use Contrary To Permit.

Section 700.140 Damage, Trespass of Equipment.

Section 700.150 Temporary Interruption of Service.

Section 700.160 Restricting Use.

Section 700.170 Sale of Service By Customer.

Section 700.180 Connections To Service.

Section 700.190 Separate Connections.

Section 700.200 Unlawful Connections.

Section 700.210 Unlawful Use.

Section 700.220 Maintenance of System By Consumer.

Section 700.230 Conversion of Overhead Utilities To Underground Utilities.

Article II Rates and Charges

Section 700.240 Meters.

Section 700.250 Deposits Required.

Section 700.260 Refund of Deposit.

Section 700.270 Rates Generally.

Section 700.280 Determination of Charges.

Section 700.290 When Payment Due.

Section 700.300 Penalty For Failure To Pay.

Section 700.310 Disconnection For Non-Payment.

Section 700.320 Reconnection After Disconnection.

Section 700.330 Voluntary Discontinuance of Service.

Section 700.010 Definitions.

[CC 1999 §28-1; R.O. 1962 §1119]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them:
SEWERAGE SYSTEM
Any or all of the following:
1. 
Sewerage system and sewerage treatment plants, with all appurtenances necessary for the useful and convenient collection, treatment, purification and disposal in a sanitary manner of the liquid and solid waste, sewage and domestic and industrial waste of the City;
2. 
Shall include all sanitary collection systems;
3. 
Shall include the present system and all additions and extensions that may be acquired and constructed in the future.
UTILITY
Water, sewer, garbage collection, electricity and/or any other utility service furnished by the City to consumers thereof.
WATERWORKS
The entire water distribution system of the City, including pumping plants, lift stations, distribution mains and pipes and all auxiliary machines and equipment in connection therewith, now owned or hereafter acquired by the City.

Section 700.020 Scope of Provisions.

[CC 1999 §28-2; R.O. 1978]
All pertinent provisions of this Chapter are hereby made a part of the terms and conditions whereby the City shall furnish any utility service to any person; or whereby the City shall make any utility connections or perform any work of any kind in connection with the furnishings of any utility service pursuant to the rules and regulations of the Board of Public Works.

Section 700.030 Service To Comply With Technical Provisions.

[CC 1999 §28-3; R.O. 1978]
Any utility service furnished under the provisions of this Chapter shall be in accordance with and in compliance with all applicable technical provisions of this Code, State law and City ordinances, rules and regulations.

Section 700.040 Water and Sewer Service Outside City Limits.

[CC 1999 §28-4; Ord. No. R90-25, 8-13-1990; Ord. No. 2009-02, 1-26-2009]
A. 
The Board of Public Works is hereby authorized, subject to the approval of the City Council, to supply water and sewer services to premises situated outside the corporate boundaries of the City and for that purpose to extend and improve its utility system. Such service is not mandatory and shall not be given unless the Board of Public Works considers it for the best interests of the City and system, and financially feasible. Rates charged for water services or sewer services, or a combination of both, to premises outside the corporate boundaries may exceed those charged for such services to premises within the corporate limits. Utility service outside the corporate boundaries of the City may be terminated pursuant to Section 700.070. All owners of premises outside the corporate limits receiving water or sewer service shall have a written contract with the City for such service.
B. 
Unless the City Council approves an agreement for the City to bear all or part of the costs, water and sewer may be supplied to premises outside the City limits only if the owners of such premises pay for all costs of construction, repair and maintenance of any waterlines or sewer lines servicing such premises outside the City limits, and otherwise comply with the rules, regulations and rates as established by the Board of Public Works.
C. 
Water and sewer service shall not be provided to premises outside the City limits without the express prior approval of the City Council.

Section 700.050 Inspection Outside The City.

[CC 1999 §28-5; R.O. 1978]
In order to protect the utility service supply, the City will not make any water or sewer taps or electrical connections outside the City limits until the premises involved have been inspected and approved by the plumbing or electrical inspector.

Section 700.060 Right of Entry.

[CC 1999 §28-6; R.O. 1978]
Any authorized inspector of the City shall have free access at any time to all premises supplied with any utility service by the City for the purpose of examination in order to protect the utility services from abusive use.

Section 700.070 Termination of Service Authorized.

[CC 1999 §28-7; R.O. 1978]
A. 
The City shall have the right to disconnect or refuse to connect or reconnect any utility service for the following reasons:
1. 
Failure to meet the applicable provisions of law.
2. 
Violation of the rules and regulations pertaining to utility service.
3. 
Non-payment of bills.
4. 
Willful or negligent waste of service due to improper or imperfect pipes, fixtures, appliances or otherwise.
5. 
Molesting any meter, seal or other equipment controlling or regulating the supply of utility service.
6. 
Theft or diversion and/or use of service without payment therefor.
7. 
Vacancy of premises.

Section 700.080 Liability of City For Damage.

[CC 1999 §28-8; R.O. 1978]
The City shall not be liable for any damage of any customer of any utility service furnished by the City due to backflow of the sewerage system, failure of supply, interruption of service or any other cause outside the direct control of the City.

Section 700.090 Utility Service — Application Required.

[CC 1999 §28-9; R.O. 1978]
Any person desiring any utility service furnished by the City shall make application for the same to the Board of Public Works. Such application shall contain the applicant's name, address and the uses for which such utility service is desired.

Section 700.100 Utility Service — Permit.

[CC 1999 §28-10; R.O. 1978]
Approval of the application for any utility service by the Board of Public Works shall be deemed permission for such service.

Section 700.110 Utility Service — Not Available To Debtors.

[CC 1999 §28-11; R.O. 1978]
The City may decline or fail or cease to furnish utility service to any person who may be in debt to the City Utility Department for any reason, except ad valorem taxes and special assessments.

Section 700.120 Utility Service — Use Assumed.

[CC 1999 §28-12; R.O. 1978]
All premises connected to any utility service of the City shall be assumed to be using such utility service and the owner or occupant shall be charged therefor so long as such premises shall remain connected with the utility service.

Section 700.130 Not To Use Contrary To Permit.

[CC 1999 §28-13; R.O. 1978]
It shall be unlawful for any person having a permit from the City for the use of any utility service offered by the City to use such utility service for any purpose other than mentioned in such permit or to make any unauthorized changes in such service.

Section 700.140 Damage, Trespass of Equipment.

[CC 1999 §28-14; R.O. 1962 §§530, 996 — 998]
It shall be unlawful for any person not having authority to do so to open any water hydrant or tamper with any utility service furnished by the City to consumers or to in any other way molest, damage or trespass upon any equipment, fixtures or premises belonging to the City connected with any utility service.

Section 700.150 Temporary Interruption of Service.

[CC 1999 §28-15; R.O. 1978]
The City reserves the right to shut off any utility service without notice in case of emergencies. When an interruption in service is necessary for the maintenance and improvement of the utility system, affected consumers will be notified as circumstances permit.

Section 700.160 Restricting Use.

[CC 1999 §28-16; R.O. 1978]
The City hereby reserves the right to at any time restrict or prevent the use of any utility service furnished by the City during periods of emergency or circumstances demanding such restriction or prevention of use.

Section 700.170 Sale of Service By Customer.

[CC 1999 §28-17; R.O. 1978]
It shall be unlawful for any person to resell any utility service obtained from the City to others except only by special arrangement with the Board of Public Works.

Section 700.180 Connections To Service.

[CC 1999 §28-18; R.O. 1978]
Connections for any utility service furnished by the City shall be made only under the supervision of the Board of Public Works.

Section 700.190 Separate Connections.

[CC 1999 §28-19; R.O. 1978]
Every building, structure or consumer in the City shall have a separate utility service connection.

Section 700.200 Unlawful Connections.

[CC 1999 §28-20; R.O. 1962 §529]
Any person who shall make any connection in any manner to any utility system, whether owned by the City or not, without the prior knowledge and consent of the owner of such utility system shall be deemed guilty of a violation of an ordinance.

Section 700.210 Unlawful Use.

[CC 1999 §28-21; R.O. 1962 §531]
No person, other than employees of the City, shall be authorized to connect, turn on, turn off or disconnect any utility service offered by the City or remove, replace or repair any equipment connected to any such utility service.

Section 700.220 Maintenance of System By Consumer.

[CC 1999 §28-22; R.O. 1978]
The consumer of any utility service furnished by the City shall maintain and keep in good repair all connections, appliances and other apparatus installed and used in connection with such utility service.

Section 700.230 Conversion of Overhead Utilities To Underground Utilities.

[CC 1999 §28-23; Ord. No. 96-132, 10-28-1996]
A. 
Chillicothe Municipal Utilities is authorized to supervise conversion of overhead utilities to underground utilities in accordance with the policy and procedure as set forth below:
1. 
Areas designated to be converted from overhead to underground.
a. 
All utilities presently overhead shall be placed underground in the areas when the Chillicothe Municipal Utilities (CMU) places its electrical facilities underground. CMU shall notify the other utilities of this designated underground area and the construction schedule. The undergrounding of all utilities shall be done within a reasonable time frame not to exceed one (1) year after notification.
b. 
The electric services will be brought to a single point on a building which will be determined by CMU. The owner of the building shall be responsible for any wiring necessary to connect single or multiple electric meters for their facility. It shall also be the responsibility of the owner to bring the electric meter installation up to current standards and relocate all inside electric meter(s) to an outside location acceptable to CMU. On zero (0) lot line buildings CMU will run one (1) service to each building.
c. 
Special cases where underground access to a building is not available or other exceptions for any utility operating within City limits shall be approved in writing by the General Manager or authorized representative of CMU and be consistent with the intent of this Chapter and with the undergrounding of electrical facilities.
d. 
Electrical inspections will only be for the new work performed. However, should the inspector see a hazardous situation, appropriate procedures will be followed.
2. 
New construction.
a. 
Any subdivision of two (2) lots or greater shall have all new utilities placed underground.
b. 
All new residential services such as electric services, telephone, cable television, etc., shall be placed underground.
c. 
All new commercial services of six hundred (600) amp or less shall be placed underground.
d. 
Special cases where underground access to a building is not available or other exceptions for any utility operating within City limits shall be approved in writing by the General Manager or authorized representative of CMU and be consistent with the intent of this Chapter and with the undergrounding of electrical facilities.
3. 
Other utilities.
a. 
New construction or replacement/upgrades of existing facilities shall be constructed in such a manner as to minimize the impact to other utilities utilizing the same rights-of-way. Use of existing poles and joint trench is encouraged where possible.
b. 
CMU shall be notified of all capital construction within the City by any utility. Prior to construction, approval from the City shall be obtained as to location with respect to other utilities, impact on roads and proper use of City rights-of-way. The City reserves the right to disallow open trenching of City streets.

Section 700.240 Meters.

[CC 1999 §28-62; R.O. 1978]
Meters for the measurement of utility services furnished by the City shall be furnished and installed by and shall remain the property of the City.

Section 700.250 Deposits Required.

[CC 1999 §28-63; Ord. No. 81-42, 12-28-1981]
Along with the application for utility service, the applicant therefor may be required to pay to the City a deposit, the amount which shall be determined by the Board of Public Works.

Section 700.260 Refund of Deposit.

[CC 1999 §28-64; R.O. 1978]
Refund of deposits made for utility service shall be made upon the termination of such utility service only after payment of all indebtedness to the City for such utility service. Application of deposit may be made in partial or total settlement of accounts when supply is cut off for non-payment of bill or for any infraction or violation of any ordinance, rule or regulation of the City relative to utility services offered by the City.

Section 700.270 Rates Generally.

[CC 1999 §28-65; R.O. 1962 §1118]
The Board of Public Works shall have the power and it shall be its duty to fix rates for utility services and to contract with individuals for the same; provided that no contract shall be entered into for a longer period of time than one (1) year unless same be approved by the City Council.

Section 700.280 Determination of Charges.

[CC 1999 §28-66; R.O. 1962 §§1118, 1125 — 1128]
The rates and charges for the consumption of utility services furnished by the City, as well as the charges and fees for connection thereto, shall be as determined by the Board of Public Works from time to time and on file in the office of the City Clerk.

Section 700.290 When Payment Due.

[CC 1999 §28-67; R.O. 1978]
All bills for utility services furnished by the City shall be due and payable prior to Midnight of the twentieth (20th) day following the date of such bill; provided however, that if such due date shall fall on a Sunday or a legal holiday observed by the City, then such bill shall be due and payable by Midnight of the following business day.

Section 700.300 Penalty For Failure To Pay.

[CC 1999 §28-68; R.O. 1978]
In the event any consumer of utility services furnished by the City shall fail to pay his/her bill therefor when the same is due, a penalty as determined by the Board of Public Works shall be imposed.

Section 700.310 Disconnection For Non-Payment.

[CC 1999 §28-69; R.O. 1978]
In the event bills for utility services shall not be paid when the same become due, the City shall have the right to disconnect and discontinue all utility services furnished by the City to the consumer so in arrears.

Section 700.320 Reconnection After Disconnection.

[CC 1999 §28-70; R.O. 1978]
In the event that utility service is disconnected for non-payment of bill, the consumer thereof shall have the right to have the same reconnected only upon the payment of the amount due and, in addition thereto, a reconnection fee.

Section 700.330 Voluntary Discontinuance of Service.

[CC 1999 §28-71; R.O. 1978]
Consumers wishing to discontinue the use of any utility service shall give written notice thereof at the utility office. Failure to do so shall render them liable for the payment of all bills until such notice has been given.