[Ord. No. 2011-30 § 1, 7-26-2011]
The following words, terms and phrases shall have the meaning ascribed to them in this Section, except where the content clearly indicates a different meaning:
APPLICANT
A person, firm, corporation, governmental body, or other entity which has applied for water service; two (2) or more applicants may make one (1) application for a main extension.
AWWA
American Water Works Association.
CITY
The City of Lexington, Missouri.
CITY SERVICE LINE
The pipeline connecting the main to the meter setting. The City service line is installed, owned, operated and maintained by the City.
CUSTOMER
A person, firm, corporation, governmental body, or other entity which has contracted for water service or is receiving water service from the City, or whose facilities are connected for utilizing such service and is responsible for paying periodic bills. Each customer shall be serviced by a separate water service line and meter setting.
CUSTOMER SERVICE LINE
The pipeline connecting the meter setting to the premises, the customer service is installed, owned, operated and maintained by the customer.
DEVELOPER
A person, firm, corporation, partnership or any other entity that, directly or indirectly, holds title to, sells or leases, or offers to sell or lease, or advertises for sale or lease any lots in a subdivision.
DISCONTINUANCE OF SERVICE
The intentional cessation of service by the City not requested by the customer.
LEAD FREE
Less than two-tenths percent (0.2%) for the solder and fluxes, and not more than a weighted average of twenty-five hundredths percent (0.25%) lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures, and added exemptions for non-potable uses.
[Ord. No. 2017-06 § 1, 2-28-2017]
METER
The device used to measure and record the quantity of water that flows through the service line, and is installed in the meter setting and is owned and maintained by the City.
METER SETTING
The meter box, meter yoke, lid, helmet and all appurtenances necessary to install and operate a meter, all of which is outdoors, located as close to the property line as reasonably possible and shall be owned, operated and maintained by the City.
MDNR
Missouri Department of Natural Resources.
PREMISES
Each residential dwelling structure, each living unit in multi-tenant building, or structures, whether residential or commercial, leased, rented, or owned.
PROPERTY OWNER/OCCUPANT
A person, firm, corporation, governmental body, or other entity which has contracted for water service or is receiving water service from the City, or whose facilities are connected for utilizing such service and is responsible for paying periodic bills. Each property owner/occupant shall be serviced by a separate water service line and meter setting.
[Ord. No. 2016-06 § 1, 2-23-2016; Ord. No. 2016-15 § 1, 6-28-2016]
TERMINATION OF SERVICE
The cessation of service requested by the customer.
WATER DEPARTMENT
The department of the City of Lexington, Missouri responsible for the operation of the City's water system.
WATER MAIN
A pipeline which is owned and maintained by the City, located on public property or in private easement, and used to transport water throughout the service area of the City.
[Ord. No. 2011-30 § 2, 7-26-2011]
A. 
Every applicant, upon signing an application for any water service rendered by the City, or any customer upon taking of water service, shall be considered to have expressed consent to be bound by these rules and regulations.
B. 
After the effective date of these rules and regulations, all new facilities, construction contracts and written agreements shall conform to these rules and regulations. Pre-existing facilities that do not comply with applicable rules and regulations may remain, provided that their existence does not constitute a service problem or improper use, and reconstruction is not practical.
C. 
A written application of service, signed by the applicant, stating the type of service requested and accompanied by any other pertinent information, will be required from each applicant before service is provided to any premises. Every applicant, upon signing an application for any service rendered by the City, or upon taking of service shall be considered to have expressed consent to the City's rules and regulation. The City must be notified immediately if a water bill does not accurately reflect the name of the intended customer.
D. 
The City shall have the right to reject any application. The City may further refuse to provide water service through facilities that do not comply with the City's rules and regulations pertaining to the nature and location of service lines or any other water facilities owned by the customer. Any person or entity requesting water service connection must secure all necessary permits prior to requesting said connection.
E. 
If service is requested at a point not already served by a main of adequate capacity, a main of adequate size may be extended as necessary according to the City's rule for extension of water mains.
F. 
When an order to provide water service in which a main extension is required, the City will require a written contract. Said contract will include the obligations upon the City and the applicant.
[Ord. No. 2011-30 § 3, 7-26-2011]
A. 
The City will provide water service at the outdoor meter setting, and each premises shall be served through separate service lines and proper meter settings. The City will construct, own, operate and maintain the service line from the main to the meter setting. Applications for service lines larger than one (1) inch must be submitted at least thirty (30) days in advance.
B. 
All new or replacement customer service lines shall not be less than three-fourths (3/4) inch nor shall it be constructed of galvanized steel pipe, black iron pipe or black steel pipe. The service must be installed at least forty-two (42) inches below finished grade. City water service lines will be installed at right angles from the main. Every customer water service line must have a brass or bronze stop and waste valve, to be installed by the customer, at the location the service line enters the structure.
C. 
Each water service line must be installed in a separate trench. The undisturbed earth between the separate trenches shall not be less in width than the depth of the water service line below finished grade. A shelf cut into the side of a sewer drain trench is not a separate trench within the meaning and requirements of this rule.
D. 
A customer's water service line and inside piping will be of material conforming to recognized standards for potable water and AWWA specifications, and shall have a pressure rating of at least one hundred sixty (160) psi working pressure.
E. 
Neither water service lines nor service connections may be extended along or across public streets or roadways, or through property of others, when connecting to the City's mains. Service lines may extend through the water main easement and roadway easements, as necessary, in order to be connected to a main located across or adjacent to a street to serve property fronting on either side of the street or roadway.
F. 
Any customer having a plumbing arrangement, or a water usage device that could allow backsiphonage of any chemical or water from a questionable supply or other substance that could create a health hazard, or any customer plumbing classified as an actual or potential backflow hazard in the regulations of the Missouri Department of Natural Resources, 10 CSR 60-11 shall be required to install and maintain a backflow prevention device.
[Ord. No. 2011-30 § 4, 7-26-2011]
A. 
All service connections will be metered. The City installed meter will be the standard for measuring water used to determine the bill. Should the meter fail to register the quantity of water used, the amount billed will be the amount of water used during the corresponding period of the preceding six (6) months.
B. 
All meters and meter installations shall be furnished, owned, operated and maintained by the City. Customers or their agents shall not remove, operate, turn on or off meters. Any damage to the meter setting by the neglect of the customer will be assessed against the customer and payment for such repairs will be enforced as allowed by these rules and regulations, or by civil suit.
C. 
Meter settings will be installed at or near the property at a site determined by the City. Plumbing appurtenances, such as pressure reducing valves, auxiliary shutoff valves, gauges, backflow preventers, etc., or other construction, shall not interfere with the installation, removal, operation, servicing or reading of the meter.
D. 
No person except a duly authorized employee of the City shall make any connection or disconnection to a water main, meter or meter attachment.
E. 
In the case of an existing indoor meter setting, should the customer fail to cooperate with the City to obtain a meter reading by providing access at scheduled reading times or by paying for and requesting a meter reading appointment, the City may discontinue service.
F. 
The Water Department employees shall have access to the premises of any customer at all reasonable times for the purpose of inspecting and testing any water meter and reading the records thereof.
[Ord. No. 2011-30 § 5, 7-26-2011]
A. 
Upon receipt of a written application for a main extension, the City will provide the applicant with an itemized estimate of the cost of the proposed extension. Such estimate will include cost of pipe, valves, fittings, blocking, labor, booster station, storage facilities, reconstruction of existing mains and direct cost of supervision, engineering, permits and bookkeeping. All main extensions must be approved by the Missouri Department of Natural Resources, and the associated cost of such approval will be the responsibility of the applicant.
B. 
Applicants shall enter into a contract with the City for the installation of said extension and shall tender to the City a contribution in aid of construction equal to the estimated cost of construction.
C. 
Should the actual cost of the extension be less than the estimated cost, the City shall refund the difference.
D. 
The extensions made under this rule will remain the property of the City and the City reserves the right to further extend the main and to connect mains on intersecting streets and easements.
E. 
If easements are required on private roads, streets, through private property, a proper easement must be furnished to the City without cost to the City before an extension will be made.
[Ord. No. 2011-30 § 6, 7-26-2011]
A. 
Lead.
1. 
All material used by the City or any customer in the construction, expansion, modification, improvements or maintenance of the City's water system shall be free of lead. This section does not apply to leaded joints necessary for the repair of cast-iron pipes. The City reserves the right to remove meters from, or otherwise sever the service to, any customer's water system found to contain materials that are not lead free.
2. 
It is intended by this rule that the City and all customers be aware of, and governed by, the definitions and restrictions imposed by 10 CSR 60-10.040 of the Missouri Code of State Regulations, and Section 1417 of the Safe Drinking Water Act of United States Code, 42 U.S.C. 300g-6.
B. 
Backflow.
1. 
The customer shall have the rights, duties and responsibilities set forth in Missouri Code of State Regulation Section 10 CSR 60-11.010(7), subject to the additional provisions of Section 10 CSR 60-11.010 in general.
2. 
The City shall have the rights, duties and responsibilities set forth in Missouri Code of State Regulation Section 10 CSR 60-11.010(8), subject to the additional provisions of Section 10 CSR 60-11.010 in general.
[Ord. No. 2011-30 § 7, 7-26-2011]
A. 
No customer shall be wasteful of the water supplied to the unit by his willful action or inaction. It shall be the responsibility and duty of each customer to maintain all piping and fixtures at the unit in a good and efficient state of repair at all times.
B. 
No customer shall make, or cause to be made, a cross-connection between the potable water supply and any source of chemical or bacterial contamination or any other water supply. The City shall deny or discontinue service where a customer's water service line or inside piping may, in the opinion of the City, cause a cross-connection with non-potable water, or otherwise jeopardize the health and safety of other customers or the City's facilities.
C. 
No customer shall make or cause to be made any connection to a device that will result in excessive water demand or excessive shock to the City's distribution system.
D. 
No customer shall tamper with, remove, or willfully damage a water meter or attempt to operate the shutoff cock on the meter yoke, or allow any such action. Customers shall not attempt to take unmetered water from the City's water mains, either by an unauthorized tap or direct connection to the service line or connection, nor by connection to a fire hydrant pursuant to Section 28-162.
E. 
Customers shall not supply water in any way to premises other than the service address, nor permit others to use their hose or attachments.
[Ord. No. 2011-30 § 8, 7-26-2011]
A. 
The City may discontinue service for any of the following reasons:
1. 
Non-payment of a delinquent bill.
2. 
Failure to post a security deposit at time of reconnection.
3. 
Unauthorized interference, diversion or use of the utility service.
4. 
Failure to comply with the terms and conditions of a settlement agreement.
5. 
Refusal to grant access at reasonable times to equipment installed upon the premises.
B. 
In any case of discontinuance of service, all monies due, including turn-on fees, delinquent amounts and additional deposits, shall be paid in full prior to restoration of service.
[Ord. No. 2011-30 § 9, 7-26-2011; Ord. No. 2016-06 § 1, 2-23-2016; Ord. No. 2016-15 § 1, 6-28-2016]
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. If the service has been diverted or interfered with and/or discontinued for nonpayment, the property owner is solely responsible. However, except as otherwise provided in Subsection (2) of this Subsection, the City shall have the 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.
[Ord. No. 2020-22, 5-26-2020]
1. 
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.
2. 
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.
3. 
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.
4. 
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.
B. 
Charges for water service shall be those rates and charges as approved by the City Council.
C. 
Property owners and occupants must make application for water service and shall be responsible for all charges until service is terminated or discontinued, subject to the provisions in Subsections (A)(1) and (A)(2), above. In the event there is a delinquent water or sewer bill due and unpaid by either the owner or the occupant of such property, to which water service has been furnished at the time of the sale or rental of the property, the water shall not be turned on so as to furnish water to the property, unless the purchaser, occupant or seller of the property shall pay all said delinquent and unpaid water bills due at the time of the sale or transfer of said property, notwithstanding the provisions in Subsection (A) above. No water or sewer service shall be furnished to any person who has an outstanding sewer or water bill still due and owing on any property in the City of Lexington until all such outstanding bills are paid in full.
D. 
The City shall require a security deposit as a guarantee of payment by the property owner. No water service shall be provided until said deposit, as set by City Council, is made with the application for service. Water service deposit, less any amounts still due the City for water service, shall be refunded without interest to the property owner when said water service is discontinued and water meter is removed at the request of the property owner.
E. 
All payments will be made to City Hall. Payments received after 3:00 p.m. will be posted the following day. Employees of the City, other than those authorized collectors at City Hall, are not permitted to accept payments.
F. 
Monthly bills shall be sent to the occupant, and landlords shall receive monthly reports of their properties' water charges. Bills shall be due on the twenty-fifth (25th) day of each month, unless such a date falls on a weekend, a holiday or a day when City Hall is closed, in which case the due date shall be extended to the next business day. Bills unpaid after the stated due date will be delinquent and subject to a fifteen percent (15%) delinquent fee. Services will be discontinued if the account is sixty (60) days delinquent.
G. 
Property owner is responsible for furnishing the City with a correct address. Failure to receive a bill is not considered an excuse for non-payment, nor reason to request an extension when an account is delinquent.
H. 
Neither the City, property owner or occupant shall be bound by a bill rendered by mistake of fact as to the quantity of service rendered or as a result of clerical error.
[1]
State Law Reference: Chapter 250, RSMo.
[Ord. No. 2011-30 § 10, 7-26-2011; Ord. No. 2017-28 § III, 8-8-2017]
A. 
Adjustments.
1. 
No adjustment shall be made for water leaks on the customer service lines without the approval of a majority of the members of the Utilities Board of Review, where all members have been notified of such meeting.
[Ord. No. 2019-12, 3-26-2019]
2. 
Any adjustment for a City water customer and/or City business customer will never be for less than the customer's previous twelve-month average water usage and/or average monthly usage of record, if less than twelve (12) months' history is available.
[Ord. No. 2019-12, 3-26-2019]
B. 
Disputed Water Bills - Procedure.
[Ord. No. 2019-12, 3-26-2019]
1. 
Where the Utilities Board of Review has allowed an adjustment due to a leak, dispute or discrepancy, a homeowner, renter, or business owner may be allowed up to three (3) equal monthly installments to pay any remaining amount totaling less than five hundred and one dollars ($501.00), or twelve (12) equal monthly installments for amounts of five hundred and one dollars ($501.00) or more, as long as their current utility bills during the approved installment payment period are paid in full in accordance with Section 28-160.
2. 
Adjustment and payment terms for any unadjusted, disputed amount shall be set forth in a notice mailed or delivered to the petitioning customer within ten (10) work days after the day the Utilities Review Board has rendered the adjustment decision.
3. 
Any adjustment refunds shall be applied as a credit on future water bills of such customer.
C. 
Delinquent Utility Bills — Procedure.
[Ord. No. 2020-26, 6-23-2020; Ord. No. 2020-34, 8-25-2020]
1. 
The Mayor and City Administrator upon mutual agreement shall have the authority to enter payment arrangements for utility customers with delinquent accounts, provided said account remains current through the course of the payment plan. An account bolder who has a past due delinquency amount of less than five hundred one dollars ($501.00) may be allowed up to six (6) months to pay the past due amount or a maximum of twelve (12) months to pay past due amounts of five hundred one dollars ($501.00) or more. In cases of extraordinary hardship or unusual circumstances, both the Mayor and the City Administrator shall jointly meet with the account holder and together develop a payment plan for the entire delinquency that closely follows the guidelines stated above, provided the current balance is paid.
2. 
Any overpayment shall be applied as a credit on future utility bills of such customer.
[Ord. No. 2011-30 § 11, 7-26-2011]
It shall be unlawful for any person to tamper with any water main, or change any water meter, or to make any connection to the waterworks system without written permission from the City, or to reconnect service when it has been disconnected for non-payment of a bill for service, until such bill has been paid in full, including the shutoff and reconnection fee. Any person violating this Section shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation. Any person violating this Section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars ($500.00) or be imprisoned in jail, or both fine and imprisonment.