[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.
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]
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.
[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.