[Ord. No. 91 §1, 3-28-1967]
The following rules and regulations are hereby adopted to govern
the water services furnished by the municipality in a uniform manner
for the benefit of the municipality and its water users. They are
subject to change from time to time. All such changes must be approved
by the State Director of the Farmers Home Administration, United States
Department of Agriculture or his/her successor so long as the municipality
has unpaid obligations which are held by or insured by the United
States of America. If any portion of these rules shall be declared
invalid by competent authority, such voidance shall not affect the
validity of the remaining portions.
[Ord. No. 91 §2, 3-28-1967]
Definitions. The following expressions, when
used herein, will have the meanings stated below:
APPLICANT
Any individual, firm, partnership, corporation or other agency
owning land within the municipality applying for a water user's agreement.
BOARD
The Board of Aldermen of the municipality.
POINT OF DELIVERY
The point of delivery shall be at the meter, unless otherwise
specified in the water user's agreement.
SERVICE
The term, when used in connection with the supply of water,
shall mean the availability for use by the water user of water adequate
to meet the water user's requirement. Service shall be considered
as available when the municipality maintains the water supply at normal
pressure at the point of delivery in readiness for the water user's
use, regardless of whether or not the water user makes use of it.
STATE DIRECTOR
The State Director of the Farmers Home Administration for
Missouri, United States Department of Agriculture or his/her successor.
WATER SERVICE
Water service shall consist of facilities for supplying water
to one (1) residence or business establishment located on land within
the municipality or outside the municipality if user furnished connection
to system at municipality boundary or at nearest available connecting
point within the municipal limits.
WATER USER
Any individual, firm, partnership, corporation or other agency
receiving water and water services or to whom water services are made
available from the municipal facilities pursuant to a written water
user's agreement.
WATER USER'S AGREEMENT
The written agreement or contract between the water user
and the municipality pursuant to which water is supplied or made available.
[Ord. No. 91 §3, 3-28-1967]
Rate schedules for water and water service are fixed by the
Board. The rate schedule is subject to change by action of the Board
with the approval of the State Director. If a provision of the rate
schedule should conflict with a provision of the rules and regulations,
the provision of the rate schedule shall prevail. If the total amount
of revenue and income derived from the collection of the water rates
and charges is insufficient to meet the payment of the cost of operation,
maintenances, depreciation, necessary extensions and enlargements
and payment of the principal and interest on any general and revenue
bonds, then outstanding, with their attendant obligations pursuant
to the terms of the bonds and authorizing resolutions, the Board will
increase the water rates for the first (1st) month thereafter to amount
sufficient to meet these costs and obligations.
[Ord. No. 91 §4, 3-28-1967]
Applicants for water users' agreements shall make application
to the Clerk of the municipality.
[Ord. No. 91 §5, 3-28-1967]
Before installing a service extension and providing water, the
Board may require the applicant to install pipe in his/her home and
be in readiness to accept service.
[Ord. No. 91 §6, 3-28-1967]
A 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 (1) property 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 Board for
the duration of the emergency.
[Ord. No. 91 §7, 3-28-1967]
The Board may make specific water service contracts with the
United State of America and its agencies, the State of Missouri and
its agencies, school districts and municipal corporations and private
institutional users differing from stipulations set out in the rate
schedule and rules. Such contracts must receive written approval by
the State Director before being placed in effect.
[Ord. No. 91 §8, 3-28-1967]
Representatives of municipality 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.
[Ord. No. 91 §9, 3-28-1967]
A. The
municipality 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 each water
user who may be affected by such interruptions, but the municipality
will not accept responsibility for losses which may occur due to such
necessary interruptions.
B. The
municipality does not accept responsibility for losses which may occur
due to interruptions of service for any cause.
[Ord. No. 91 §10, 3-28-1967]
Meters will be furnished, installed, owned, inspected, tested
and kept in proper operating condition by the municipality without
cost to the water user, except that each water user shall pay a connection
fee set by the Board which shall not be refundable. A complete record
of tests and histories of meters will be kept. Meter tests will be
made according to methods of the American Waterworks Association by
the municipality as often as deemed necessary by the Board.
[Ord. No. 91 §11, 3-28-1967]
Service meter errors which do not exceed two percent (2%) fast
or slow shall be considered as being within the allowable limits of
accuracy for billing purposes. The percentage of error will be considered
as that arrived at by taking the average of the error at full load
and that at ten percent (10%) load, unless a water user's rate of
usage is known to be practically constant in which case the error
at such constant use will be used.
[Ord. No. 91 §12, 3-28-1967]
Meters shall be set in an accessible place on the outside of
buildings except where otherwise directed by the municipality. All
meters shall be set horizontally and never be connected into a vertical
pipe. Meters outside of buildings shall be placed in meter boxes furnished
and installed by the municipality.
[Ord. No. 91 §13, 3-28-1967; Ord.
No. 2007-392 §1, 11-5-2007; Ord. No. 2010-422 §1, 1-5-2010; Ord.
No. 2022-54910-18-2022]
Bills will be rendered for service by the first (1st) business
day of the month following that in which the service was rendered
as set forth in the rate schedule. Service bills not paid by the sixteenth
(16th) of the month shall be subject to a ten percent (10%) late charge.
Failure to pay a bill before the last business day of the same month
that the bill is rendered will result in immediate disconnection.
Payment arrangements can be made to secure service from disconnection.
Payment arrangements will require fifty percent (50%) of the service
bill to be paid prior to the date of disconnection. Future dated payments
for the remaining fifty percent (50%) cannot exceed more than five
(5) business days from the date of disconnection. Failure to execute
any portion of a payment agreement will result in immediate disconnection.
Failure of the municipality to submit a service bill shall not excuse
the water user from his/her obligation to pay for the service used
when the bill is submitted.
[Ord. No. 1999-320, 11-16-1999; Ord. No. 2005-369, 9-20-2005]
The occupant and user of the premises receiving water and sewage
services or either of them and the owner of said premises shall be
jointly and severally liable to pay for such services rendered on
said premises. The City shall have the power to sue the occupant or
the owner or both of such real estate in a civil action to receive
any sums due for such services plus a reasonable attorney fee to be
fixed by the court. When a tenant 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. Any notice of termination of service shall be sent
to both the occupant and owner of the premises receiving such service.
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.
[Ord. No. 91 §14, 3-28-1967]
The reconnection charge for restoration of service, if reconnection
is authorized and approved under the provisions of the ordinances
of the municipality after each suspension of service because of delinquent
payment or for other infraction of these rules, shall be the unpaid
amount plus a twenty-five dollar ($25.00) reconnection fee.
[Ord. No. 91 §15, 3-28-1967]
Meter tests requested by water users will be preformed without
cost to the water user if the meter is found to be in excess of two
percent (2%) fast. Otherwise, the water user for whom the requested
test was made will be charged the cost of making the test.
[Ord. No. 91 §16, 3-28-1967]
The water user shall be responsible for any damage to the meter
installed for his/her service from any cause other than normal wear
and tear.
[Ord. No. 91 §17, 3-28-1967]
It shall be the water user's responsibility to anticipate any
change of occupancy and to withdraw the balance of the meter deposit
less any amount due the municipality. Until such withdrawal is made,
the original water user shall be responsible for payment of services.
[Ord. No. 91 §18, 3-28-1967]
In extending water mains to furnish service to an applicant
or in making a connection to an existing main for an applicant after
the completion of the original waterworks of the municipality, the
charge for such connection shall be a connection fee set by the Board
which is subject to adjustment to take into consideration the average
cost of the entire system to each water user at the discretion of
the Board. The municipality shall not be obligated to extend its mains
to render service, however except at the discretion of the Board and
unless sufficient funds are available in the renewal and extension
fund of the waterworks to finance the entire cost of such extension.
[Ord. No. 91 §19, 3-28-1967; Ord.
No. 2003-348 §19, 6-17-2003]
The land owner applying for water under this Article will install
all water service pipes and accessories from the City's mains to the
meters on said property abutting the right-of-way along which the
mains are installed. Said installation shall be at the land owner's
expense. The City shall monitor and approve the installation of the
service pipes and accessories from the main to the water meter. In
no way shall a land owner's connection to the main be installed without
express approval and oversight of the City subject to the terms of
this Article. The owner shall also be responsible for the installation
of water service pipes from the meter to the business, residence or
other facility accepting City water service. Service pipes shall not
be less than three-quarter (¾) inch in size. The municipality
shall install a municipality cock, meter and meter setting. The meter
will be set in the front of the premises to be served or at the closest
point of the water user's premises as designated by the municipality.
It shall be the land owner's responsibility to maintain the line from
its access at the water main to the premises. The land owner shall
keep said connection in good repair.
[Ord. No. 91 §20, 3-28-1967; Ord.
No. 2021-537, 8-3-2021]
All water users of said municipality and applicants thereof
shall make a service deposit before connecting any water service lines
to the water lines and meters of said municipality. This meter deposit
shall be established by ordinance and is in addition to the connection
fee. The Board may establish a standard meter deposit and then adjust
it for special cases such as business establishment users requiring
a large volume of water, special meters, etc. The deposit shall be
applied against the balance of a water user's service bill, if any,
at the time of disconnection.
[Ord. No. 91 §21, 3-28-1967]
The Board has the exclusive power to authorize tank sales or
sales in bulk of water from such supply heads and such rates as it
may designate.
[Ord. No. 91 §22, 3-28-1967]
In the event any applicant's requirements are found to exceed
the municipality's ability to supply it from the existing plant without
adversely affecting service to other water users to an unreasonable
extent, the municipality will not be obligated to render such service,
unless and until suitable self-liquidating financing is arranged to
cover necessary investment in additional plant.
[Ord. No. 91 §23, 3-28-1967]
There shall be no physical connection between any private water
system and the water system of the municipality. Representatives of
the municipality shall have the right at all reasonable hours to enter
upon water user's premises for the purpose of inspection and enforcement
of this provision. Violation of this provision shall constitute cause
for disconnection of a water user's service.
[Ord. No. 91 §24, 3-28-1967]
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 municipality may prorate the water available
to the various users on such basis as is deemed equitable by the Board
and may also prescribe a schedule of hours, covering the use of water
for purposes specified in such ordinance and require adherence there
or prohibit the use of water for certain specified purposes if any
time the total water supply shall be insufficient to meet all of the
needs of all water users for domestic and livestock purposes before
supplying water for other purpose.