These rules and regulations have been adopted to govern the
water services furnished by the owner in a uniform manner for the
benefit of the owner and its water users and are subject to change
as herein provided without notice to any water users or any other
person. All such changes must be approved by the State Director of
the Farmers Home Administration, United States Department of Agriculture,
so long as the owner has unpaid obligations which are held or insured
by the United States of America. Any amendment or change to these
rules and regulations shall be effective on the date such amendment
or change is passed by the owner, as herein provided, or on such other
date as the owner may by resolution designate. Such amendment or change
shall be ineffective only if not approved by the Farmers Home Administration,
as herein before provided, but in the event such approval is given
by the Farmers Home Administration, said approval shall be retroactive
to the date of such change or amendment, as provided herein or as
otherwise provided by resolution by the owner. If any portion of these
rules and regulations shall be declared invalid by competent authority,
such invalidity shall not effect the validity of the remaining portion.
The following expressions, words and terms when used in this
Chapter shall have the meanings stated below:
APPLICANT
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.
LANDOWNER
Any person owning property served by the water system of
the owner or who has a leasehold interest therein with more than a
year to run. The term "landowner" shall also include
life tenants but the owner 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.
OWNER
City of Matthews, Missouri.
POINT OF DELIVERY
The point of delivery shall be at the meter, unless otherwise
specified in the water user's agreement or in any other agreement
where it shall be mentioned.
SERVICE
The term "service", 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
owner maintains the water supply at a minimum of 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.
STATE DIRECTOR
The State Director of the Farmers Home Administration for
Missouri, United States Department of Agriculture, or his/her successor.
USER
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 and waste services, or to whom water services are
made available from the owner's facilities pursuant to a written water
user's agreement.
WATER SERVICE
A water service shall consist of facilities for supplying
water to one (1) residence or business establishment located on land
within the jurisdiction of the owner.
WATER USER'S AGREEMENT
The written contract between the water user and the owner
pursuant to which water service is supplied or made available.
Applicants for a water user's agreement shall make application
to the owner. Such applications shall be in writing and the owner
shall prescribe the form of such application.
The owner 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 of the Department of Natural
Resources before being placed in effect.
In making a future connection to an applicant for water service
after the completion of the original water system of the owner, the
owner shall charge a fee at least equal to the cost to the owner for
said connection and such fee may be adjusted, taking into consideration
the average cost for the entire system to each water user, at the
discretion of the owner, but said fee shall in no event be less than
fifty dollars ($50.00).
The Board 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 owner. The owner may prohibit
the sale of water in bulk to any user or non-user when water service
is available from the owner.
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 owner may prorate the water available among
the various users on such basis as is deemed equitable by the owner
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 owner 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.
These rules and regulations may be amended at any regular Board
meeting of the owner or at any special meeting thereof called for
such purpose.