[Ord. No. 2005.31 §1, 12-20-2005]
A.
This
Chapter is intended to provide for the creation of the Desloge City
Waterworks System and Water Department and to govern the operation
of the waterworks system which was determined by the Board of Aldermen
to be necessary in order to improve the public health, welfare and
safety and the quality of life of the residents of the City. The existing
water supply has been determined by the Board of Aldermen to be deficient
in both supply and distribution and not in compliance with the Missouri
Natural Resources Drinking Water Standards. The Board of Aldermen
have addressed this issue by pursuing the construction of a waterworks
system, approved by MDNR and financed by bonds approved at a previously
conducted public election. The waterworks system, upon completion
of construction, will replace the pre-existing water supply within
the City because the Board of Aldermen has determined, after consultation
with experts, that:
1.
The existing water supply has inadequate water pressure in many of
the City's fire hydrants which are necessary for the public health
and safety of the residents of the City and to protect the property
of those persons within the City;
2.
The existing water supply has been cited by the Missouri Department
of Natural Resources ("MDNR") for violation of standards regarding
excessive levels of radionucleides;
3.
The existing water supply lacks the minimum level of residual chorine
content level required by MDNR for a chlorinated system;
4.
The existing aged water distribution system does not meet the State
standards for fire protection because of the system's network of small
diameter piping throughout the City;
5.
The water customers within the City have experienced frequent replacement
of household water piping, fixtures and/or appliances due to calcium
buildup caused by the very hard water and, in many cases, have had
to install and operate residential water softeners because of the
hard water;
6.
The City and its residents and commercial and industrial places of
business lack of control over water rates charged within the City
by the existing supplier of water;
7.
The existing water supplier has expressed a repeated unwillingness
to enter into a contract or franchise agreement when first approached
about the water supply in the City;
8.
The existing water supplier has refused to cooperate with the City
on occasions, in that the water supplier has threatened not to connect
and supply water to a certain commercial water customer located within
Desloge; and
9.
The newly constructed waterworks system in the City is intended to
address and correct all of these issues.
B.
The
Board of Aldermen is pursuing the construction of the City waterworks
system and does hereby pass this Chapter with the intention of improving
the water supply in the City so that it does not suffer from the deficiencies
referenced herein.
C.
The Board of Aldermen intends to protect the health and safety of all citizens of the City by completing the construction of the waterworks system as expeditiously as possible. As part of the planning, design and construction process, the Board of Aldermen intends to supply water to the initial group of water customers who sign written commitment agreements with the City for water, as more fully described in Section 705.100 below, as part of a one-time offer which is more advantageous than will be the terms of water service for those seeking water service at a later date. Section 705.100 of this Chapter addresses this one-time arrangement.
[Ord. No. 2005.31 §2, 12-20-2005]
This Chapter shall be construed to fulfill its express intent which is to ensure public safety, health and welfare of the water supply in the City for the reasons and purposes set forth in Section 705.010 above.
[Ord. No. 2005.31 §3, 12-20-2005]
The water supply property and assets constructed by the City
shall, upon completion, create the City of Desloge Waterworks System.
Said waterworks system shall supply water to the water customers of
the City and as determined by the Board of Aldermen. The waterworks
system will be administered as a function of the City's Department
of Public Works. The Board of Aldermen does hereby create the position
of the Water Superintendent of the waterworks system, who will report
to the Superintendent of the Department of Public Works.
The Board of Aldermen shall have the management and control
of the waterworks system of the City of Desloge, and shall establish
policy regarding the system, including the assessment of water rates
and collection of revenue therefrom. The Board of Aldermen shall make
contracts and enforce the performance of all contracts and work and
have charge and custody of all books, property, and assets belonging
to or pertaining to any such waterworks system. The Board of Aldermen
will make reasonable rules and regulations to require deposits and
other security from customers and to enforce collection of its bills
and may require the City Attorney to bring suit thereon. The day-to-day
operation of the waterworks system will be administered by the Water
Superintendent who shall report to the City Administrator. It shall
be the duty of the Water Superintendent of the waterworks system to
make monthly reports to the City Administrator and the Board of Aldermen
regarding the financial and operational status of the waterworks system,
with a list of names of all persons who are in arrears for twenty
(20) days prior to such report showing the amount of indebtedness
owed for non-payment for the water supplied.
[1]
Editor's Note: In conjunction with Ord. No. 2023.06, "Chief
Water Operator" and "Chief Operator" were changed to "Water Superintendent"
throughout this Chapter.
[Ord. No. 2005.31 §5, 12-20-2005]
All funds accruing to the City from the waterworks system shall
be separately kept and maintained in the depository selected by the
City as provided by law, this Chapter or other City ordinance and
shall be separately accounted for in the manner and form provided
for by any relevant bonds or by law.
[Ord. No. 2005.31 §6, 12-20-2005]
The City shall finance the construction and all improvements
of the waterworks system through the issuance of obligations in an
amount not to exceed twelve million eight hundred fifty thousand dollars
($12,850,000.00) under such terms as shall be approved by ordinance.
[Ord. No. 2005.31 §7, 12-20-2005]
All contracts for work or the furnishing of supplies for extensions,
additions and improvements payable from the water funds shall be submitted
in writing to the Board of Aldermen by the City Administrator, after
presentation of same by the Superintendent of Public Works, for approval
and shall be duly approved by the Board of Aldermen and signed by
an authorized representative of the City before they are binding upon
the City.
[Ord. No. 2005.31 §8, 12-20-2005]
The water customers of the waterworks system shall pay to the
City the charges made monthly for all water consumed as recorded by
the register of their meter. Rates for such payment shall be made
in accordance with and approved by ordinance. All monthly bills will
be mailed to water customers through the efforts of the Department
of Public Works and shall be due and payable from and after the date
of such bill.
[Ord. No. 2005.31 §9, 12-20-2005; Ord. No. 2007.07 §1, 3-12-2007; Ord. No. 2011-13 §1, 6-13-2011; Ord. No. 2015.06 §1, 2-9-2015; Ord. No. 2016.04 §1, 3-14-2016; Ord. No. 2017.03, 3-13-2017; Ord. No. 2018.09, 3-12-2018; Ord. No. 2019.11, 4-8-2019; Ord.
No. 2019.19, 6-24-2019; Ord. No. 2023.03, 5-15-2023]
A.
The City shall publish a schedule of monthly charges for water furnished
from the waterworks system to the water customer, established and
approved by the Board of Aldermen, from time to time, by separate
ordinance following a public hearing regarding the same.
B.
The following shall be the schedule of monthly charges for water
service furnished by the Desloge City Waterworks System, to wit:
1.
Meter rates.
a.
Zero (0) gallons minimum: charge based on meter size. (see table
below.)
b.
From one (1) gallon up: six dollars seventy-seven cents ($6.77)
per one thousand (1,000) gallons.
|
Monthly Minimum Charge Table
| |
|---|---|
|
Minimum monthly service charges shall be applied as follows:
| |
|
Size of Meter
|
Minimum Charge
|
|
5/8 or 3/4 inch
|
$12.50
|
|
1 inch
|
$22.50
|
|
1 1/2 inch
|
$37.50
|
|
2 inch
|
$75.00
|
|
3 inch
|
$150.00
|
|
4 inch
|
$250.00
|
|
6 inch
|
$718.75
|
[Ord. No. 2015.24 §1, 10-12-2015]
A.
The
City shall review the prescribed meter rates and monthly minimum charge
rates annually every February so that rates may be revised annually
every March and revise same as necessary to:
1.
Ensure that the system generates adequate revenues to pay for the
operation and maintenance of the water system, including salaries,
wages and benefits, and the cost of all materials and supplies necessary
for repairs, replacements and upgrades to the system.
2.
Pay interest charges and principal payments on all water loans and
bonds as they are due.
3.
Provide adequate fiscal coverage as prescribed by any covenants of
all water loans and bonds.
4.
Cover all usual extensions and enlargements, together with a reasonable
allowance for emergency and unforeseen expenses.
B.
It
shall be considered during the annual rate review and revision any
inflationary increases as stated by the most current Consumer Price
Index, Midwest Region as published by the United States Department
of Labor, Bureau of Labor Statistics or a one percent (1%) increase,
whichever is greater.
[Ord. No. 2005.31 §10, 12-20-2005]
A.
All
citizens requesting the supply of water service from the City immediately
upon completion of construction of the waterworks system shall sign
a written agreement with the City by a date in 2006 to be announced
by the Board of Aldermen. The agreement will:
1.
Constitute a request for water service,
2.
Authorize the work necessary to establish a service connection for
that customer,
3.
Allow the City such access to the property of that customer as is
necessary in order to construct their water meter and any water lines
necessary to establish a service connection and to supply water to
the property, and
4.
Agree to pay for the water supplied in accordance with this Chapter.
Those signing the written agreement by the deadline date are hereinafter
referred to in this Chapter as "initial customers".
The "initial customers" will have the service connection for
their property constructed by the City as part of the construction
of the waterworks system and their water turned on the first (1st)
time upon completion of the waterworks system by the City at no cost
to them.
[Ord. No. 2005.31 §11, 12-20-2005; Ord. No. 2007.37 §2, 12-10-2007; Ord. No. 2011.07 §1, 4-11-2011]
A.
No
water shall be furnished from the City waterworks system to any premises
until the owner or the person to use the water at the premises has
made written application therefore with the Department of Public Works
on a preprinted form supplied by the City Clerk. The preprinted form
shall contain the following information:
1.
A description of the property to be supplied water by mailing address.
2.
The name, service address, billing address and phone number for each
water customer.
3.
Whether the use for which the water will be made is residential,
commercial or industrial.
4.
An estimate of the maximum amount of water to be used at the property
per month.
5.
Any other information deemed necessary by the department for estimating
and planning for the water usage to be expected from the property.
B.
The
application for water service will be reviewed by the Water Superintendent
and it will be approved or disapproved. The City reserves the right
to disapprove any application if the water service would, in the opinion
of the Water Superintendent, create a health hazard, not be in the
public interest or if the water customer fails to make the appropriate
deposit required hereunder or as otherwise provided herein or under
the rules and regulations.
C.
If
an application is made for temporary service, such as for a construction
project or similar use where regular service connections are not made,
the water customer shall pay, in addition to the cost of the regular
water rates, the cost of labor and materials necessary to connect
the services, set the temporary meter and remove same at the end of
the temporary period.
D.
A new
written application must be made by the water customer upon any change
in occupancy of the property or any change of the user. The City does
hereby reserve the right to discontinue the water supply to the property
until such new written application has been made and approved.
E.
During
regular office hours of the City Clerk, fifty dollars ($50.00) shall
be paid by the water customer for the City to turn on water to any
property for any new water customer other than the initial customer.
F.
The
person, firm, business or corporation making the written application
upon delivery of water will, in all cases, be considered the water
customer under the contract made by the written application and will
be held responsible to pay for all the water bills and the proper
observance of the rules and regulations for the Department of Public
Works. Water service will not be turned on by the City unless some
person designated by the water customer is present on the property
to represent the owner or any tenants, occupants or user of water
of the premises and in order to be able to inspect the plumbing on
the property for open faucets or leaks.
G.
All
applications for water service shall contain the following language:
Water service may be discontinued if any bill is not paid in
full for twenty (20) days as provided by ordinance. The delinquent
bill may also be specially assessed against the real property and
become a lien thereon and placed on the tax roll. Further, if a bill
is sent out, interest will be charged on the unpaid balance and continue
until the bill is paid in full.
[Ord. No. 2005.31 §12, 12-20-2005; Ord.
No. 2019-29, 10-7-2019]
A.
Before water services are provided to a residential water customer, the applicant shall deposit with the City Clerk the sum of one hundred dollars ($100.00). The City shall retain the deposit and the City will not be liable for or pay interest on said deposits. If any such funds are on deposit when service to the water customer is discontinued, the City can apply the deposit to pay or reduce any unpaid bill of the water customer as provided in Section 705.130 below.
B.
Before water services are provided to a commercial or industrial water customer, the deposit will be determined individually by the Water Superintendent after consultation with the water customer. Such deposits will be handled in the same manner as set forth in Subsection (A) above.
C.
A special
account shall be maintained in the books and records for the City
Clerk to receive the deposits and retain same, until such time as
is necessary for application of same to pay for water services at
the time of any discontinuation of service or for the purpose of refunding
of deposits to water customers after payment of their final bill.
During the retention of the deposits by the City, the special account
shall bear interest, which earned interest the City can utilize for
expenses related to the waterworks system. In the event that at the
time of discontinuation of service a water customer cannot be located,
after reasonable efforts of notification over sixty (60) days, in
order to refund a portion or all of the deposit made, the deposit
shall be transferred into the revenues of the City waterworks system
as a forfeiture of same.
[Ord. No. 2005.31 §13, 12-20-2005; Ord. No. 2007.37 §3, 12-10-2007; Ord. No. 2010.19 §1, 10-11-2010; Ord. No. 2014.10 §1, 6-9-2014; Ord. No. 2018.07, 2-12-2018; Ord. No. 2019-28, 10-7-2019]
A.
The
commencement of water service to any water customer shall not start
for any property until the water customer has paid all delinquent
fees, bills, liens or charges of any type owed to the City by the
water customer.
B.
In
the event a water service bill is not paid in full within twenty (20)
days from the billing date, interest at the rate of three percent
(3%) will be charged on the unpaid balance as of the cash cutoff date
of the bill and continue to be charged each month thereafter until
all overdue insufficient funds are otherwise provided for by City
ordinance.
C.
In
the event a water customer has an unpaid balance on a water service
account within twenty (20) days from the billing date, the water service
account is deemed delinquent.
D.
If
a water customer fails to pay the bill in full or make other arrangements
with the City Clerk within the six (6) days following the account
being deemed delinquent, the City's Department of Public Works will
forthwith discontinue water service to that water customer, and the
bill may be specially assessed against the real property and become
a lien thereon placed on the tax roll.
E.
If
a water service account is deemed delinquent, that water customer,
prior to the expiration of the six (6) days following the account
being deemed delinquent, can request the City Clerk to consider an
installment payment plan to allow the water customer to make partial
payments over a specific period of time of the overdue account. Along
with those partial payments as determined by the City Clerk, the water
customer must pay in full each succeeding monthly water service bill.
In exercising his/her discretion, the City Clerk may consider the
water customer's account history and/or general credit history of
the water customer in determining whether to allow an installment
payment plan and, if so, the terms of that plan.
F.
At
the time of the discontinuance and shutoff of the water service to
a water customer as set forth in this Section, a final reading of
the meter of such water customer shall be made, and that reading shall
be certified by the Water Superintendent. The Water Superintendent
shall determine the full amount due to the City for water consumed
by the water customer up to the time of the discontinuance of water
service and shall have the City Clerk apply any deposit on hand against
the amount. If the deposit on hand exceeds the total amount of the
final bill for water service, the balance thereof shall be transmitted
to the water customer. If the deposit on hand shall be insufficient
to pay the full amount of the total billing, the Water Superintendent
shall have the City Clerk render a final bill for the balance due
to the water customer and also transfer the account to the City Attorney
for collection, designate a collection firm for further action and
collection and/or the County to be added to the property rolls as
a lien against the property. At the time of the transmission to the
water customer of either a refund of excess deposit or a final billing
for an additional amount due and owing over and above any deposit
on hand, the Water Superintendent shall set forth all pertinent details
as to the amount of water consumed which was used to determine the
final billing. The failure on the part of the water customer to receive
the notice as set forth in this Section shall be no reason, excuse
or justification for the failure to pay the bill as required or to
prevent the discontinuance and shutoff of the water service as set
forth herein.
G.
When
any service to a water customer has been discontinued, it shall not
be resumed for that water customer at the same or any other address
until a deposit of one hundred dollars ($100.00) is paid, all unpaid
bills are paid as set forth herein and a fee for the cost of reconnection
and turn-on of the service during normal working hours in the amount
of fifty dollars ($50.00) shall have been paid. No partial payment
shall be accepted.
H.
After
Hours Water Service Call Outs. A fee of thirty dollars ($30.00) may
be charged if a service call is made after hours due to customer neglect.
Other after hours call outs will be at the discretion of the Water
Superintendent.
[Ord. No. 2005.31 §14, 12-20-2005; Ord. No. 2011.07 §2, 4-11-2011]
A.
In
order to protect the public health and safety of all citizens of the
City for the purposes set out above, all water customers located within
the boundaries of the City who are supplied by any other water supplier
at the time of the completion of the waterworks system for their area
and who do not have a water well supplying potable water on their
property shall be, and are required to become, a water customer of
the City and to obtain their water supply and a water service connection
from the City's waterworks system, as soon as it is available following
completion of the waterworks system, by following the procedures outlined
in this Chapter.
B.
The
City will set the meter for all water customers at its expense. All
water customers, except the initial customers, shall, at their own
expense, pay a service connection fee of seven hundred fifty dollars
($750.00) or the cost of labor and materials incurred by the City
to establish the service connection, whichever is greater, for a water
service connection for their property if one does not already exist
with the City's waterworks system, or in the event a replacement service
connection is needed.
C.
The
water service connection shall include the tap, installation of the
stop at the water main, the tubing or pipe to the meter, the meter
box and shutoffs and appurtenances thereto. The meter box shall be
installed by the Department of Public Works or such other persons
approved by the Water Superintendent in writing and shall be located
at the curb or inside the property line at such point as shall be
suitable to the City, provided that a water main is located in the
street adjacent to said property. The service connection shall be
such size as is required and approved by the Water Superintendent.
All costs of the installation of the water service connection, hookup
or tap located on the property of the water customer necessary for
the first (1st) connection, hookup or tap at the time of the commencement
of operations of the waterworks system following its construction
shall be paid by the City. Thereafter, all such costs will be paid
by the water customer requesting service.
D.
The
water customer shall bear all the costs of installing and/or maintaining
a house service line from the installed meter box to any structure
on the property. All such work must be approved by the City.
[Ord. No. 2005.31 §15, 12-20-2005]
A.
No
more than one (1) water customer with one (1) property distinct from
another property can be supplied from the same tap on the City water
main without the consent of the Board of Aldermen. Each such property
shall have a separate and distinct service connection. The "property"
shall be construed as one (1) dwelling unit, building, commercial
or industrial location or factory with all appurtenant buildings on
the parcel. All multiple dwelling units located in one (1) building
may be served from one (1) meter where the installation of separate
meters is impractical and only upon written approval of the Water
Superintendent. In such case, the City will contract only with the
owner of the multiple dwelling units on the property.
B.
Any
water customer or property owner desiring to alter or change a service
line and/or lines from the City water mains into the building or dwelling
on the property must first make a written application to the City
waterworks system and submit it to the Water Superintendent stating
fully the purpose for which the alteration or change is desired. Any
such alteration shall be made by the City Department of Public Works
at the expense of the water customer but may not occur without the
written approval of the Water Superintendent.
[Ord. No. 2005.31 §16, 12-20-2005]
No water customer or person acting on behalf of a water customer
shall make any attachment or connection with the City water mains
without first having obtained a written permit signed by the Water
Superintendent. No permit shall be issued except to a duly licensed
plumber. Applications for such permits shall be submitted upon preprinted
forms furnished by the City Clerk and which shall state the location
of the property, the full name of the owner of the property and the
purpose for such attachment or connection. All taps shall be made
by the City or its designated representative and the fee for any such
tap with a record of same shall be established by the Water Superintendent
in writing and maintained on file with the City Clerk.
[Ord. No. 2005.31 §17, 12-20-2005]
A.
The
City agrees that it will supply water service to all water customers
within the City of Desloge subject to the terms of this Chapter and
other relevant ordinances and the rules and regulations for the Department
of Public Works. However, the City does reserve the right to shut
off the water supply at any time to a water customer for the purpose
of repairing, cleaning, making connections with or extensions to water
mains or other portions of the water system and for the purpose of
concentrating water to any part of the City in case of fire and restricting
the use of water in case of any deficiency, any emergency declared
by the Water Superintendent or any other reason declared by the Board
of Aldermen.
B.
A water
supply emergency can be declared if appropriate conditions exist and,
in that event, the following shall occur:
1.
Available and reasonable means, including the public media, shall
be used to inform water customers affected by the water emergency
that one (1) of the following restrictions shall apply:
2.
The Chief of Police or his designee, upon witnessing a violation
of either a Level I or Level II water alert, can issue a written warning
or a written misdemeanor violation under City ordinance to the water
customer. The written warning shall inform the water customer that
continued non-essential or outdoor usage of water shall cause the
water customer to be subject to misdemeanor conviction and disconnection
from the waterworks system. The misdemeanor violation shall cause
the customer to be subject to the fine and penalties of the City under
its other ordinances and, in addition, to immediate disconnection
from the waterworks system.
3.
Under a Level I water alert, the water customer can only use the
water for the following purposes: personal hygiene, cooking, dishwashing,
clothes washing, consumption by persons and animals and outdoor watering,
subject to the following regulations:
4.
Under a Level II water alert, water can only be used for the following
purposes: personal hygiene, cooking, dishwashing, clothes washing
and consumption by persons and animals.
[Ord. No. 2005.31 §18, 12-20-2005]
Connections with the City water main and the supply of water
by the City to a water customer exist with the express understanding
that the City shall not be liable for any damages or injuries by reason
of the breaking or failure of any service pipe or stopcock, meter,
water main, pipeline, hydrant, well or other appurtenances to the
water system or for the cessation or shutting off of the water for
any purpose or reason or for any diminished, partial or total failure
of the water supply, piping or appurtenances used by the water customer.
[Ord. No. 2005.31 §19, 12-20-2005]
The City shall have the right, through its duly authorized Water
Superintendent of the waterworks system, employees or agents, to freely
enter at all reasonable hours any property of a water customer when
it may be necessary to ascertain the reading of meters, the location
or condition of a water pipe or a fixture attached to the City waterworks
system, or to shut off or let in water from or to any pipe or other
attachment, or for any other purpose that may be deemed essential
for the protection of the interests of the City in the waterworks
system. Further, the City, through its duly authorized officers or
agents, must be given access to any inside water meters at least once
per calendar year or the water customer must have installed a remote
water meter reader at the customer's expense. If the water meter for
any given water customer is estimated for three (3) consecutive months
because the City personnel have had no access to the meter, the water
customer shall be notified in writing that within thirty (30) days
an actual water meter reading must be taken by the City or a remote
water meter reader must be installed at the customer's expense. If
neither occurs within the thirty (30) day notice period provided in
this Section, the water customer shall be notified that the water
service will be discontinued within ten (10) days from the date of
the notice unless an actual reading of the water meter is taken or
the remote water meter reader is installed in the meantime.
[Ord. No. 2005.31 §20, 12-20-2005]
The Board of Aldermen will set its policy, terms and conditions
for the extension of water lines and for the provision of water services
to water customers outside of the municipal corporate limits of the
City of Desloge, on a case-by-case basis, as provided by future Board
of Aldermen action.
[Ord. No. 2005.31 §21, 12-20-2005]
The Board of Aldermen does hereby delegate to the Water Superintendent
the authority to issue written policies, rules and regulations relating
to the operation and maintenance of the waterworks system to ensure
the efficient operation of same, so long as they are consistent with
State law, this Chapter or any amendment thereof, other rules and
regulations relating to the waterworks systems or other action of
the Board of Aldermen.
[Ord. No. 2005.31 §22, 12-20-2005]
Water service may be discontinued upon written notice to the
water customer by decision of the Water Superintendent because of
failure to comply with this Chapter, rules and regulations issued
by the Board of Aldermen or policies, rules and regulations of the
Department of Public Works by turning off the meter's stopcock, removing
the meter or by severing the connection at the water main. If the
service line is severed or the meter is removed, the water customer
shall pay the cost of such disconnection, any reconnection and meter
replacement as well as for remedying the violation before service
is restored. The City may discontinue water service without notice
if an employee discovers an occupant of the property using water without
a contract for service or bypassing a meter or otherwise fraudulently
obtaining water from the City without paying for same.
[Ord. No. 2005.31 §23, 12-20-2005]
The Department of Public Works is required to operate the waterworks
system in accordance with Missouri Statutes, rules and regulations
propounded by the Missouri Department of Natural Resources and the
Missouri Public Drinking Water Regulations to ensure the protection
of public health, safety and welfare by identifying, correcting and
preventing any cross-connection or backflow hazards to its waterworks
system. It is the intent of the City to protect the health of water
customers by requiring the proper installation and maintenance of
backflow prevention devices on service lines leading to premises where
cross-connections exist or are likely to occur and through the inspection
and regulation of plumbing within the premises to minimize the danger
of any contamination of the public water in the waterworks system.
Each customer and each owner of any property receiving water from
the waterworks system must install suitable backflow prevention devices
at the premise's service connection or other areas as needed to prevent
contamination or pollution of, or both, or other risk to the public
water and the waterworks system. The Water Superintendent is authorized
to require any water customer receiving water from the water system
to immediately install same.
[Ord. No. 2005.31 §24, 12-20-2005]
A.
Failure
on the part of any water customer to abide by the cross-connection
prohibition or to discontinue the use of any and all such cross-connections
and to physically separate such cross-connections is sufficient cause
for the immediate discontinuance of public water service to the premises
on which the cross-connection exists.
B.
The
Water Superintendent of the waterworks system shall have the right
and authority to inspect the premises of all water customers periodically
and to test for any backflow prevention devices located thereon.
[Ord. No. 2005.31 §25, 12-20-2005]
Water customers are not permitted or authorized to sell water
from the waterworks system to other persons, firms or businesses without
express permission from the Board of Aldermen.
[Ord. No. 2006.31, 10-9-2006]
A.
In
order to address public health and safety concerns regarding the potable
water in the City, the City has adopted this Section. Nothing contained
in this Section shall be deemed to release any person from compliance
with Missouri State Statute and regulations of the Missouri Department
of Natural Resources. Nothing contained in this Section is intended
to be inconsistent with or in conflict with any applicable State Statutes
and State regulations.
1.
Drilling a well unlawful — when.
a.
After completion of the construction of the portion of the Desloge
Municipal Waterworks System that is capable of supplying water to
a property, structure or premises and commencement of the operation
of same, it shall be unlawful for a person to drill a water well within
the boundaries of Desloge, when a water line from the Municipal Waterworks
System is located within five hundred (500) feet of the property line
of the property to be served.
b.
It shall be unlawful to drill a water well on property unless:
(1)
The property is zoned "AG" agricultural;
(2)
The property is zoned "M" manufacturing; or
(3)
The size of the property is at least three (3) acres;
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and a water line from the Municipal Waterworks System is more
than five hundred (500) feet from the property line of the property
to be served and the written approval of the Board of Aldermen referenced
in this Section is obtained.
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2.
No person shall dig, bore, drill, deepen, modify, repair, cap or
destroy a water well within the City without first applying for and
receiving written approval from the Board of Aldermen for the location
of such activities and work ("work").
3.
To prevent the contamination of underground water supplies through
open wells, no person shall knowingly permit the existence on property
or premises of his or her ownership, or possession and control of,
any well opening or well entrance which is not sealed or secured in
such a way as to prevent the introduction of contaminants.
4.
No person within the City shall knowingly permit the existence of
any abandoned well on premises of his or her ownership or possession
and control.
5.
Written approval required by this Section shall be subject to conditions
set forth in this Section or as required by law. The City Clerk shall
prescribe and provide a standard form of application for approval
under the terms of this Section. The application form shall contain
space for the name and address of the applicant, together with such
information as in the judgment of the Board of Aldermen is necessary
to establish the location of the well or proposed well, the purpose
of same and the extent of any work or proposed work. When required
by the City, drawings and specifications for any proposed work, including
a detailed plot plan and site plan showing the exact location where
the water well is located or is proposed to be drilled, shall accompany
the application form and shall be detailed enough to demonstrate compliance
with these requirements. The plot plan shall show the topography,
property boundaries, labeled locations of all buildings, the location
of the proposed water well and/or work, information sufficient to
identify adjacent property and their uses, the location of any existing
water supply systems or sources, such as wells and springs, the location
of any existing or proposed sewage disposal systems within one hundred
fifty (150) feet of the proposed water well and the existing and historic
locations of potential polluting hazards. If necessary, the location
of the proposed water well shall be staked out by the applicant after
notification from the City of the requirement of same.
6.
The application and related materials shall be filed with the City
Clerk. The application shall be accompanied by two hundred fifty dollars
($250.00) and such additional sufficient fees as are necessary to
cover the City's costs required for the review of applications, engineering
consultation, issuance of permits, Board of Aldermen hearings, inspection
of work under this Section. The method of payment of such fees may
be as established and adopted by the Board of Aldermen from time to
time by ordinance. The fees shall be submitted, payable to the City,
with the application to the City Clerk.
7.
Upon review of the application, the Board of Aldermen shall make
a determination regarding whether to approve the proposed work based
on a determination of what is in the public interest and whether it
is in compliance with paragraph (1) above.
After consideration by the Board of Aldermen of the factors
referenced in the prior paragraph, i.e., if in the judgment of the
Board of Aldermen the public water supply is not reasonably available
to the property because of topography, construction obstacles or otherwise,
the Board of Aldermen may grant written approval to an applicant even
if the property line of the property to be served is within five hundred
(500) feet of the water line of the Municipal Waterworks System.
8.
After written approval of an application and prior to commencement
of the proposed work, the applicant shall post with the City Clerk
a cash deposit or bond guaranteeing compliance with the terms of the
work as approved in an amount determined by the Board of Aldermen
as necessary to protect the City and public against faulty or uncompleted
work. The amount shall not exceed the total estimated cost of the
work. The deposit or bond may be waived if the Board of Aldermen determines
that other assurances of compliance are adequate. An applicant who
has received written approval shall assume all liability imposed by
law for personal injury or property damage resulting from any work
performed by him/her or his or her agent under the written approval
or resulting from the failure of the applicant to perform each obligation
and element of the work specified in the written approval.
9.
It shall be the responsibility of the approved applicant to maintain
a copy of the written approval of the work on the site during all
stages of construction or destruction of water well.
10.
Work authorized by written approval issued pursuant to this Section
shall begin within forty-five (45) calendar days from the date of
issuance of the written approval unless a different starting date
is stated in the written approval. If the work does not timely begin,
the written approval shall be void. The approved applicant shall notify
the City at least three (3) working day before starting any work authorized
by the written approval. The approved applicant shall complete work
authorized by the approval within the time specified in the written
approval therein. If at any time the Board of Aldermen determines
that any delay in the completion of the work authorized is due to
a lack of reasonable diligence on the part of approved applicant,
the Board of Aldermen may, following due notice to the approved applicant
and an opportunity to be heard before the Board of Aldermen, suspend
or revoke, in writing, the written approval.
Upon suspension or revocation of a written approval, the Board
of Aldermen may order the approved applicant to perform any work reasonably
necessary to protect the underground waters within the City or its
vicinity from pollution or contamination if any work already done
by the approved applicant has left the water well in such a condition
as to constitute a hazard to the quality of underground waters.
11.
Standards for the construction or closure of water wells are set
out in State Statutes and State regulations.
12.
Representatives of the City will make inspections of the work relating
to drilling, construction, modification, repair, reconstruction or
capping of a well to determine compliance with the written approval.
The City may make an initial inspection of each proposed work site,
an inspection of the completion of the work and inspections at such
other times as deemed appropriate. The City shall be notified a minimum
of forty-eight (48) hours prior to the completion of the work on a
well so that inspection of the completion of the work can be made.
13.
Representatives of the City shall have the right to enter upon any
property or premises at all reasonable times to make inspections and
tests for the purpose of enforcement and administration of this Section
with respect to work performed on property or premises within the
City. In such an inspection, the representative of the City shall
first present proper credentials and demand entry. If the property
or premises are unoccupied, a reasonable effort will be made to locate
the owner of the property or premises having possession or control
of same before entry. If entry is refused, recourse will be had by
remedies provided by law whenever the City determines that:
a.
The work on the well has not been completed, constructed or destroyed
in accordance with the written approval and written plans and specifications
relating thereto;
b.
Has been completed, constructed or destroyed without the required
written approval; or
c.
Has been abandoned and not destroyed.
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Under these circumstances, the City may provide a notice of
violation to the owner or person otherwise in possession and control
of the property or premises.
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14.
Any person who violates any of the provisions of this Section or
fails to satisfy the terms set out herein, including obtaining the
written approval, is guilty of a misdemeanor and, upon conviction
thereof, is punishable by a fine not to exceed five hundred dollars
($500.00) or imprisonment in the County Jail not to exceed thirty
(30) days, or both. Any violation or threatened violation may also
be enjoined by a civil action. Appropriate civil action includes,
but is not limited to, injunctive relief and recovery of costs associated
with requiring compliance, including reasonable attorney's fees and
costs.
15.
"Person", as used in this Section, means any individual,
association, firm, corporation, partnership, company, business, sole
proprietorship or municipality.
16.
All Sections of the City Code in conflict with the terms and conditions
of this Section are hereby repealed to the extent of such conflict.
17.
If any Section, Subsection, paragraph, subparagraph, sentence, clause
or phrase of this Section is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions
of this Section and the City declares that this Section and each Section,
Subsection, paragraph, subparagraph, sentence, clause and phrase that
would have been adopted irrespective of the fact that one (1) or more
of such Section, Subsection, paragraph, subparagraph, sentence, clause
or phrase be declared invalid or unconstitutional.
[Ord. No. 2007.21 §I, 9-17-2007]
A.
The
Missouri State "Primacy Fee" will be collected annually in the billing
for the month of March. This fee will be stated separately on each
customer's water bill as a "primacy fee".
B.
The
charge assessed against each customer for each service connection
to the City's public water system as established by the State is determined
on the basis of meter size as stated below:
1.
For unmetered customers and customers with meters not greater than
one (1) inch in size for 1 to 1,000 connections: $3.24.
2.
For unmetered customers and customers with meters no greater than
one (1) inch in size with more than 1,000 connections, the fee shall
be the maximum allowable as set forth in Section 640.100.5(2), RSMo.
3.
For customers with meters of greater than one (1) inch but not less
than or equal to two (2) inches in size: $7.44.
4.
For customers with meters greater than two (2) inches but less than
or equal to four (4) inches in size: $41.16.
5.
Customers with meters greater than four (4) inches in size: $82.44.
C.
Fees
collected by the Desloge public water system pursuant to this Section
are State fees which are to be transferred to the Director of the
Department of Revenue not less than quarterly subject to the retention
of two percent (2%) of the revenue arising from the fees which shall
be retained by the Desloge public water system for the purpose of
reimbursing its expenses for billing and collection of such fees.
D.
Imposition
and collection of the fees authorized pursuant to this Section shall
continue until such time as the Safe Drinking Water Commission or
such other appropriate State and/or Federal official advises that
the obligation to impose and collect the fees has been withdrawn.
[Ord. No. 2010.02 §1, 2-8-2010]
A.
Purpose. The purpose of this Section is:
B.
Application. This Section shall apply to all premises served
by the public drinking water system of the City of Desloge.
C.
Policy.
1.
This Section will be reasonably interpreted by the water purveyor.
It is the purveyors' intent to ban the use of lead base material in
the construction or modification of the City's drinking water system
or private plumbing connected to the City system. The cooperation
of all consumers is required to implement the lead ban.
2.
If, in the judgment of the water purveyor or his authorized representative,
lead base materials have been used in new construction or modifications
after January 1, 1989, due notice shall be given to the consumer.
The consumer shall immediately comply by having the lead base materials
removed from the plumbing system and replaced with lead free materials.
If the lead base materials are not removed from the plumbing system,
the water purveyor shall have the right to discontinue water service
to the premises.
D.
CONSUMER
LEAD BASE MATERIALS
LEAD FREE
PUBLIC DRINKING WATER SYSTEM
WATER PURVEYOR
Definitions. The
following definitions shall apply in the interpretation and enforcement
of this Section.
The owner or person in control of any premises supplied by
or in any manner connected to a public water system.
Any material containing lead in excess of the quantities
specified in lead free.
Any publicly or privately owned water system supplying water
to the general public which is satisfactory for drinking, culinary
and domestic purposes and meets the requirements of the Missouri Department
of Natural Resources.
The owner, operator or individual in responsible charge of
a public water system.
