[R.O. 2006 §705.010; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
These rules and regulations have been adopted to govern the water services furnished by the City in a uniform manner for the benefit of the City and its water users and are subject to change as herein provided without notice to any water users or any other person. Any amendment or change to these rules and regulations shall be effective on the date such amendment or change is passed by the City, as herein provided, or on such other date as the City may by resolution designate. If any portion of these rules and regulations shall be declared invalid by competent authority, such invalidity shall not affect the validity of the remaining portion.
[R.O. 2006 §705.015; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
All persons, corporations or other entities that make any extensions or improvements to the municipal water system of the City shall comply with all applicable provisions of the latest edition of the Design Standards, Standard Drawing Details and the Construction Specifications.
[R.O. 2006 §705.020; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
The following expressions, words and terms, when used herein, shall have the meaning stated below:
- Any individual, firm, partnership, corporation, the Federal or State Government, or any unit, agency, political corporation or subdivision of either the Federal or State Government, or other agency applying for a water user's agreement.
- BACKFLOW PREVENTION DEVICE
- Any device, method or type of construction intended to prevent backflow into a potable water system.
- The Board of Aldermen of the City.
- The City of Ozark, Missouri.
- CONSTRUCTION SPECIFICATIONS
- City of Ozark's Construction Specifications for Public Improvements. Copies of this document may be viewed on the City's website at www.ozarkmissouri.com or at the Public Works Department.
- DESIGN STANDARDS
- City of Ozark's Design Standards for Public Improvements. Copies of this document may be viewed on the City's website at www.ozarkmissouri.com or at the Public Works Department.
- Director of Public Works.
- Missouri Department of Natural Resources.
- MUNICIPAL WATER SYSTEM
- Any devices and systems for the storage, treatment, recycling and distribution of water that have been either dedicated to the City or constructed by the City and maintained by the City. It is defined as the area where the City's water system is available to provide water service. These include transmission and distribution lines, individual systems, pumping, power and other equipment and their appurtenances; extensions, improvements, and alterations thereof; elements essential to provide a reliable water supply, including site acquisition of land.
- Any person owning property served by the municipal water system or who has a leasehold interest therein with more than a year to run. The term "owner" shall also include life tenants but the City may at its discretion require remaindermen to enter into any agreement required with the property owner under these rules and regulations, and the remaindermen shall be bound by these rules and regulations in all respects.
- Any individual, firm, company, association, society, corporation or group.
- POINT OF DELIVERY
- This shall be at the meter, unless otherwise specified in the water user's agreement or in any other agreement where it shall be mentioned.
- When used in connection with the supplying of water, shall mean the availability for use by the water user of water, subject to the provisions of these rules and regulations. Service shall be considered as available when the City maintains the water supply at a minimum of twenty (20) p.s.i. pressure at the point of delivery with the service line static in readiness for the water user's use, regardless of whether the water user makes use of it.
- STANDARD DRAWING DETAILS
- City of Ozark's Standard Drawing Details for Public Improvements. Copies of this document may be viewed on the City's website at www.ozarkmissouri.com or at the Public Works Department.
- A single dwelling unit providing complete independent living facilities for one (1) or more persons. For example, a duplex typically consists of two (2) units.
- Any individual, firm, partnership, corporation, the Federal or State Government, or any unit, agency, political corporation or subdivision of either the Federal or State Government, or other agency receiving water services, or to whom water services are made available from the City's facilities pursuant to a written water user's agreement.
- WATER SERVICE
- Shall consist of facilities for supplying water to one (1) residence or business establishment located within the availability of the municipal water system.
- WATER USER'S AGREEMENT
- The written contract between the water user and the City pursuant to which water service is supplied or made available.
[R.O. 2006 §705.030; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
Owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the availability of the municipal water system and abutting on any utility easement or right-of-way in which there is now located or may in the future be located access to the municipal water system within three hundred (300) feet (91.5 meters) of the property line, and are planning improvements related to water utilities are hereby required at his/her expense to connect to such facilities in accordance with the provisions of this Chapter. Refer to the latest edition of the City's pamphlet "Procedures for Connection to City of Ozark Utilities" for additional information on the requirements for connecting to the municipal water system. Copies of this document may be viewed on the City's website at www.ozarkmissouri.com or at the Public Works Department.
New privately owned wells or new privately owned public water systems are not permitted within the limits of the municipal water system.
No statement contained in this Chapter shall be construed to interfere with any additional requirements that may be imposed by the State or County Department of Health or the State Department of Natural Resources.
When the municipal water system becomes available, customers that connect must physically disconnect from the existing private system or well in accordance with the City's cross-connection control ordinance (Chapter 720). The well shall then be properly plugged in accordance with guidelines established by the Missouri Department of Natural Resources Division of Geology and Land Survey (DGLS). A well may only be kept if it remains physically disconnected from the municipal water supply's distribution, has a functional pump, is connected to an electrical service, and is pumped at least once in a twelve (12) month period.
Upon connecting to the municipal water system, the appropriate DNR regional office shall be notified in writing by the well owner that the connection(s) have been completed.
[R.O. 2006 §705.040; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
Before connecting to the municipal water system, any person requesting water service from the City shall pay to the City a deposit to secure the future payment of water bills to be in an amount as established and periodically adjusted at the discretion of the Board. The resolution setting said deposit shall be available for public review in the billing office.
[R.O. 2006 §705.050; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
Applicants for a water user's agreement shall make application to the City. Such applications shall be in writing and the City shall prescribe the form of such application.
[R.O. 2006 §705.060; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
Monthly Billing. All users shall be billed on a monthly basis. Payments are due when the billings are received. Any payment not received within fifteen (15) days after the billing date shall be considered delinquent.
[Ord. No. 14-006 §1, 2-3-2014]
Delinquent Payment. (A) late payment penalty of ten percent (10%) of the user charge will be added to each bill considered delinquent as provided in Subsection (A) above.
[Ord. No. 14-006 §1, 2-3-2014]
If any bill rendered pursuant to Subsection (A) above is not paid in full or as authorized by the Utility Billing Supervisor as set forth in Subsection (B)(2) below, within twenty-five (25) days after the billing date, water service shall be disconnected. If the billing remains delinquent for forty-five (45) days from the date of billing, then the deposit required by Section 700.040 shall be applied to the account to satisfy the delinquency without further notice to the user.
Partial payments for the continuance of services in lieu of full payments may be approved at the discretion of the Utility Billing Supervisor.
Any damage resulting from the discontinuance of service to the water user, of any property of the water user, or the owner of the property occupied by the water user shall not be the responsibility of the City, its agents or employees. The City, its agents and employees shall not be liable to the water user or the owner of any property used, held, occupied, rented or leased by the water user for any such damage when disconnection is made according to these rules and regulations.
In the event that meters cannot be read at the close of the period for which billing is made because of inclement weather or the condition of the earth around the meters, which in the opinion of the City makes reading unusually difficult, costly or threatening to the health or welfare of the City's agents or employees, then the metered use for that period may be estimated for any or all users by one (1) of the following methods at the discretion of the City:
[R.O. 2006 §705.070; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
Water service will be discontinued to any water user or property on account of temporary vacancy of such property upon written request of the water user without in any way affecting the agreement in force and upon payment of all charges due as provided in the rules and regulations of the City.
In the event that water service is discontinued for any reason other than the temporary vacancy of the property, then reconnection shall be made only in the event that all unpaid bills, including all penalties and fees, shall be paid before reconnection shall be allowed for such water user or property.
In the event that an applicant for water services has purchased or otherwise acquired the property and holds title thereto and the previous owner had discontinued water service other than because of the temporary vacancy thereof, said applicant shall not be required to pay the below reconnection charge nor the above penalties and fees as a result of the conduct or actions of the previous owner but shall be required to have a deposit on file.
In the case of a water user who had been discontinued from the system for a reason other than the vacancy of the property, then such water user or owner shall pay a reconnection charge of an amount as established and periodically adjusted at the discretion of the Board
In the case of a water user who had been discontinued from the system for failure to supply required backflow inspection reports to the City, then such water user or owner shall provide a copy of a current backflow assembly inspection report and shall pay the reconnection charge.
Except in the case of failure of the water user to pay the bill owed the City for water service as set forth in these rules and regulations, the City will not discontinue the service of any water user for violation of any rule or regulation of the City without written notice mailed to such customer at his/her address as shown upon the City's records, or personally delivered to the water user or a member of the household advising the water user what rule has been violated for which service will be discontinued if the violation is permitted to continue. Provided however, that where misrepresentation of use of water is detected, or where the City's regulation or measuring equipment has been tampered with, or where a dangerous condition is found to exist on the water user's premises, service may be shut off without notice in advance. Subject to the foregoing provisions, service rendered under any application, contract or agreement may be discontinued by the City for any of the following reasons:
For willful or indifferent waste of water due to any cause.
For failure to protect from injury or damage the meter connections or for failure to protect and maintain the service pipe or fixtures on the property of the water user (or the property occupied by the water user) in a condition satisfactory to the City.
For molesting or tampering by the water user, or others with the knowledge of the water user, with any meter, connection, service pipe, curb cock, seal, valve or any other appliances of the City's controlling or regulating the water user's water supply.
For failure to provide the City's employees free and reasonable access to the property supplied or for obstructing the way of ingress to the meter or other appliances controlling or regulating the water user's water supply.
For non-payment of any account for water supplied, for water service, or for meter or service maintenance, or for any other fee or charge accruing under these rules and regulations and the rate schedule of the City.
In case of vacancy of the premises.
For violation of any rules and regulations of the City.
For any practice or act prohibited by the Missouri Division of Health.
For failure to allow any City's employee, officer, agent or representative the right to inspect the water user's premises for any purpose set forth in these rules and regulations.
For failure to test backflow assemblies in accordance with the City's Cross-Connection Control Policy.
The discontinuance of the supply of water to a property, as provided in this Chapter for any reason shall not prevent the City from pursuing any other lawful remedy for the collection of monies due from the water user or property owner. In the event that it becomes necessary for the City to file actions in the Circuit Court of Christian County to collect delinquent amounts owed for water services, fees and penalties, in addition to any other provable damages, the City shall be allowed to collect a reasonable attorney's fee and the costs of the litigation.
[Ord. No. 14-006 §2, 2-3-2014]
Only an employee, or a person authorized by the City, may turn water on or off and all applicants and water users are expressly forbidden to do so.
[R.O. 2006 §705.080; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 01-019 §1, 3-19-2001; Ord. No. 11-017 §1, 6-20-2011]
Readiness To Accept. Before installing a service extension and providing water, the City may require the applicant to pipe his/her home and be in readiness to accept the service.
Continuity Of Service. The City will make all reasonable efforts to supply continuous, uninterrupted service. However, the City shall have the right to interrupt service for the purpose of making repairs, connections, extensions or for other necessary work to the municipal water system. Efforts will be made to notify water users whenever possible who may be affected by such interruptions.
Services. All permit and inspection fees shall be acquired prior to construction. The owner or water user applicant will be responsible for the construction and cost to install the meter assembly and all appurtenances necessary to establish service. All such construction must conform to the latest edition of the Design Standards, Standard Drawing Details and the Construction Specifications.
Right To Inspect. Representatives of the City 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.
Piping Work To Be Inspected. All piping work in connection with pipe and services connected with the City's main shall be submitted to the inspection of the City before such underground work is covered up. The inspector shall present proper credentials when conducting a site inspection. Whenever the City determines that a plumbing job is obviously defective, although not in direct violation, the City may require that it be corrected before the water will be turned on. The user shall conform to the type of materials and the standard of workmanship as indicated in the Design Standards, Standard Drawing Details and the Construction Specifications. All such materials and workmanship shall be subject to the approval of the City.
Intercepting Tank Required For Large Customers. Service pipes shall not be connected to the suction side of pumps. The supply for use of a character requiring a large quantity of water within a short period will not be permitted except through intercepting or intermediate storage tanks.
Check Valves, Flush Valves, Backflow Assemblies And Vacuum Breakers. Water users having boilers or hot water systems connected with mains of the City must have a check valve and/or a backflow assembly for boilers in the supply pipe to the boilers and water heating systems, together with a release valve at some point between the check valve and the heating system. All water users are hereby cautioned against danger of collapse of boilers since it is sometimes necessary to shut off the supply of water without notice and, for this reason, a vacuum valve should be installed in the steam lines to prevent collapse in case the water supply is interrupted. The City, however, will not be responsible for accidents or damages resulting from the imperfect action or failure of said valves. Backflow assemblies shall be required to be installed in all in-ground sprinkler and/or irrigation systems and shall be inspected annually and the results of such tests shall be provided to the City.
Applicants Having Excessive Requirements. In the event of an applicant whose water requirements are bound to exceed the City's ability to supply it from existing physical assets without adversely affecting service to other water users, the City will not be obligated to render such service. The applicant may install additional private supply/storage systems required for any excessive water requirements. The supply/storage system shall adhere to the City's standards and long-range planning efforts of the municipal water system. Final approval of a supply/storage system shall be determined by the Director. All cost incurred for such improvements and for future maintenance shall be the responsibility of the applicant.
Customer's Duty Regarding Service Lines. The water user's service pipe and all connections and fixtures attached thereto shall be subject to the inspection of the City before the water will be turned on, if the City so elects, and all properties receiving a supply of water and all service pipes, meters and fixtures, including any and all fixtures within any improvements or buildings on said properties, shall at all reasonable hours be subject to inspection by any duly authorized employee or agent of the City.
All service pipes shall be laid at all points at least thirty (30) inches below the surface of the ground and shall be placed on firm and continuous earth so as to give unyielding and permanent support. The City shall not be responsible for damage of any service lines due to freezing or excavation activities. They shall not be laid in sewer ditches. It shall be installed in the trench with a minimum of ten (10) feet of horizontal and eighteen (18) inches vertical separation provided between water lines and sewer lines, in undisturbed earth, separate from any other trench wherein are laid gas pipe, sewer pipe or other utility, public or private. Such service line shall not pass through premises other than that to be supplied unless the City shall so agree in writing.
Water user shall, at his/her own cost and expense, make all changes in the service pipe required or rendered necessary on account of changes in the street grades, relocation of mains or other causes.
No fixture shall be attached to, or any branch made in, the service pipe between the main of the City and the meter.
A separate and independent water service shall be provided for every building.
Any repairs or maintenance necessary to the service pipe or any pipe or fixture in or upon the water user's premises shall be performed by the water user at his/her sole expense and risk.
Service pipes must be kept and maintained in good condition and free from all leaks, and for failure to do so the water supply may be discontinued.
The City shall in no event be liable for any damage done or inconvenience caused by reason of any break, leak or defect in, or by water escaping from service pipes, or from fixtures on the premises of the owner or water user. The water user shall be billed in the usual manner for the cost of all such water according to the rate schedule of the City as provided for in these rules and regulations.
No One But City's Employee May Turn Water Off Or On. No one but an employee or a person authorized by the City shall turn on water or shut off water to any water user or to any property, except in the case of escaping water.
Water Users Requiring Uninterrupted Supply. The City will endeavor to give reasonable service, but does not guarantee a sufficient or uniform pressure or an uninterrupted supply of water, and water users are cautioned to provide sufficient storage of water where an absolutely uninterrupted supply must be assured, such as for steam boilers, hot water heating systems, gas engines, etc. Fixtures or devices taking a supply of water directly from the service pipes, depending upon the hydraulic pressure of the pipe system of the City for supplying same under working pressure, would do so at the risk of the parties making such attachments, as the City will not be responsible for any accidents or damages to which such fixtures or devices are subject.
[R.O. 2006 §705.090; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
Meters Owned By City. Meters will be owned, inspected, tested and kept in proper operating condition by the City, without cost to the water user, except that such water user shall pay a water capacity fee as set forth in these rules and regulations, which shall not be refundable. The complete record of tests and histories of meters will be kept if deemed necessary by the City. Meter tests will be made according to methods of the American Waterworks Association by the City as often as deemed necessary by the City.
Meter Accuracy. 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 at 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.
Meter Location. Meters shall be set in an accessible place on the outside of buildings, except when otherwise permitted by the City. All meters shall be set horizontally and never connected into a vertical pipe. Meters outside of the buildings shall be placed in meter boxes approved by the City. Refer to the Standard Drawing Details for additional information.
Requested Meter Tests. Meter tests requested by water users shall be performed 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 for the cost of making the test.
Water User's Responsibility. The water user shall be responsible for and shall pay for any damage to the meter or component parts thereof, installed for his/her service, for any cause other than normal wear and tear.
[R.O. 2006 §705.100; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
The City may make specific water service contracts with the United States of America and its agencies, the State of Missouri and its agencies, school districts and municipal corporations, and all other political subdivisions of the State of Missouri and of the United States of America differing from stipulations set out in the rate schedule and rules and regulations. Such contracts must receive written approval by the State Director before being placed in effect.
[R.O. 2006 §705.110; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 03-077 §1, 9-2-2003; Ord. No. 11-017 §1, 6-20-2011]
Application for extensions of water mains and lines shall be made by the person desiring such extension. If said application is approved, the main or line shall be extended provided that:
The applicant shall pay all construction, engineering, easement acquisition and legal expense of such extension.
Before granting to an applicant the right to make such extension or before entering into an agreement with the applicant, the City shall first determine that the extension will not materially affect in an adverse manner the service rendered to any existing customer of the City. In the event the City determines, based upon information furnished by its employees and consultants, that such extension would have a material adverse effect upon existing water users of the City, the City shall not permit such extension or may require the applicant to make additional improvements to the water system to prevent adverse effects of the proposed extension. Final approval of any proposed additional improvements shall be determined by the Director.
The construction and materials shall be inspected by a qualified inspector furnished by the City. The inspector shall present proper credentials when conducting site inspections. Upon satisfactory completion and testing, the improvements shall be dedicated, free and clear of all encumbrances, to the City, unless the City deems that it should be designated as private.
All new private water main extensions shall have an approved backflow assembly installed in a vault as close to the City's water main as possible before water service shall be granted.
The design of all main extensions or improvements shall conform to the most recent edition of the Missouri Department of Natural Resources Public Water Program, Design Guide for Community Public Water Supplies, the Design Standards, Standard Drawing Details and the Construction Specifications and must be approved by the City. A permit to construct, issued by MODNR, will be received prior to construction, alteration or extension of the municipal water system.
No main shall be constructed that conflicts with an approved systemwide or local master plan. When such master plan requires a size of pipe or facility that exceeds the domestic or fire protection demands of the area to be served by the main extension, the applicant may request reimbursement for the documented difference in cost included by conforming to the master plan. The applicant may receive reimbursement from future development for oversized infrastructure as development occurs. Future developments would be required to pay a capacity charge for connection to existing facilities that have been oversized. The charge would be collected by the City and reimbursed to the original developer that installed the oversized improvements. The amount charged would be based on the amount of capacity the future development would require. The Board shall review and approve all such requests. The City has the right to refuse reimbursement to the applicant at the discretion of the Board.
[R.O. 2006 §705.130; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
In the event that a mobile home court/multiple living units desires service, then the owner shall be required to enter into a agreement with the City whereby all units of such mobile home court/multiple living units are served by one (1) water meter. The bill will be based on the total actual usage but the total billing shall not be less than the minimum calculated for each unit. The amount of the water meter deposit/water capacity fee shall be determined by the City as set forth in these rules and regulations.
City of Ozark mobile home relocation permit is required when any existing mobile home that was connected to the City's water and/or sewer is to be removed from its existing site. The purpose of this permit is to ensure that existing water and sewer connections are properly capped to prevent potential water loss and/or stormwater inflow.
[Ord. No. 15-059 §1, 12-21-2015]
[R.O. 2006 §705.140; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
The City has the exclusive power to authorize tank sales or sales in bulk of water from such supply heads as it may designate at the rates to be determined by the City. The City may prohibit the sale of water in bulk to any user or non-user when water service is available from the City.
[R.O. 2006 §705.150; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
The City shall not in any way or under any circumstances be held liable or responsible to any person or persons for any loss or damage from any excess or deficiency in the pressure, volume or supply of water due to any cause whatsoever. The City will undertake to use reasonable care and diligence in order to prevent and avoid interruptions and fluctuations in the service, but it cannot and does not guarantee that such will not occur.
The City shall not be held responsible for any claim made against it by reason of the breaking of any mains or service pipes or by reason of any interruption of supply of water caused by the breaking of machinery or stoppage for necessary repairs, and no person shall be entitled to damage nor have any portion of a payment refunded for any interruption of service.
[R.O. 2006 §705.160; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
No person shall turn the water on or off at any street valve, fire hydrant, corporation cock, curb cock or other street connection or disconnect or remove any meter without the consent of the City.
No employee or agent of the City shall have the right or authority to bind it by any promise, agreement or representation contrary to the letter of intent of these rules and regulations or the laws of the State of Missouri.
Any complaint against the service or employees of the City should be made at the office of the City Clerk in writing.
The service pipes, meters and fixtures on the water user's property shall at all reasonable hours be accessible to the City for observation or inspection.
[R.O. 2006 §705.170; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
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 City may prorate the water available among the various users on such basis as is deemed equitable by the City and may also prescribe a schedule of hours covering the use of water for purposes specified and require adherence thereto, or prohibit the use of water for certain specified purposes if at any time the total water supply shall be insufficient to meet all of the needs of all of the water users for domestic, livestock, garden and other purposes, and the City must first satisfy all the needs of the water users for domestic purposes before supplying any water for livestock purposes and must satisfy the needs of all the water users for domestic and livestock purposes before supplying water for other purposes.
[R.O. 2006 §705.180; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
These rules and regulations may be amended at any regular meeting of the City or at any special meeting thereof called for such purpose.
[Ord. No. 11-017 §1, 6-20-2011]
Written Notice. Any person found to be violating any provision of this Chapter shall be served by the City with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Liable To City. Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.