[Ord. No. 447 Art.
I §§1 — 2, 1-10-2005]
A.
It
is determined and declared to be necessary and conducive to the protection
of the public health, safety, welfare and convenience of the City
of Lincoln to collect charges from all users who received water service
from the City of Lincoln and/or contribute wastewater to the City
of Lincoln's treatment works. The proceeds of such charges for water
services will be used for the purpose of operating, maintaining and
retiring debt of such public water service system. The proceeds of
such charges for sewer services will be used for the purpose of operating,
maintaining and retiring the debt for such public wastewater treatment
works.
B.
When
a customer has been connected for any of the services provided in
this Chapter:
1.
The City will make reasonable provision to insure satisfactory and
continuous service, but does not guarantee a continuous supply of
water and shall not be liable for damage occasioned by interruptions
or failure to commence delivery caused by an act of God or the public
enemy, inevitable accidents, fires, explosions, strikes, riots, war,
delay in receiving shipments of required materials or any other act
or thing reasonable beyond its control or interruptions necessary
for repairs or changes in the generating equipment or distributing
system.
2.
The customer will properly protect the City's property on the customer's
premises and permit no person to inspect or tamper with the wiring
and meter except City's agents or person authorized by law. The customer
assumes all responsibility for the electrical current and water upon
the customer's premises and for the wires and apparatus used in connection
therewith and will protect and save the City harmless from all claims
for injury or damage to person or property occurring upon the customer's
premises occasioned by such water and sewer systems, except where
injury or damages shall be shown to have been occasioned solely by
the negligence of the City.
3.
The City reserves the right to amend, alter or change any and all
contracts with consumers or to cancel such contract or contracts in
their entirety for cause or as expediency may dictate.
[Ord. No. 447 Art.
II §§1 — 11, 1-10-2005]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Chapter shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5)
days at twenty degrees Centigrade (20°C), expressed in milligrams
per liter (mg/l).
Wastewater that has a BOD concentration of not more than
two hundred fifty (250) mg/l and a suspended solids concentration
of not more than three hundred (300) mg/l.
All expenditures during the useful life of the treatment
works for materials, labor, utilities and other items which are necessary
for managing and maintaining the sewage works to achieve the capacity
and performance for which such works were designed and constructed.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed. The term "operation
and maintenance" includes replacement.
Any contributor to the City's treatment works whose lot,
parcel of real estate or building is used for domestic dwelling purposes
only.
Is mandatory; MAY — Is permissive.
The solids that either float on the surface of or are in
suspension in water, sewage or other liquids and which are removable
by laboratory filtering.
Any devices and systems for the storage, treatment, recycling
and reclamation of municipal sewage, domestic sewage or liquid industrial
wastes. These include interceptor sewers, outfall sewers, sewage collection
systems, individual systems, pumping, power and other equipment and
their appurtenances; extensions, improvements, remodeling, additions
and alterations thereof; elements essential to provide a reliable
recycled supply such as standby treatment units and clear well facilities;
and any works, including site acquisition of land, that will be an
integral part of the treatment process or is used for ultimate disposal
of residues resulting from such treatment (including land for composting
sludge, temporary storage of such compost and land used for the storage
of treated wastewater in land treatment systems before land application);
or any other method or system for preventing, abating, reducing, storing,
treating, separating or disposing of municipal waste or industrial
waste, including waste in combined stormwater and sanitary sewer systems.
That portion of the total wastewater service charge which
is levied in a proportional and adequate manner for the cost of operation,
maintenance and replacement of the wastewater treatment works.
That portion of the total water and/or wastewater service
charge which is levied in a proportional and adequate manner for the
cost of operation, maintenance and replacement of the water system
and/or wastewater treatment works.
A water volume measuring and recording device furnished and/or
installed by the City of Lincoln, Missouri.
[Ord. No. 447 Art.
III §§1 — 3, 1-10-2005; Ord. No. 516 §I, 12-15-2008; Ord. No. 557 §I, 12-12-2011]
A.
The
user charge system shall generate adequate annual operation to pay
the costs of annual operation and maintenance including replacement
and cost associated with debt retirement of bonded capital associated
with financing the treatment works which the City of Lincoln may by
ordinance designate to be paid by the user charge system. That portion
of the total user charge which is designated for operation and maintenance
including replacement of the treatment works shall be established
by this Chapter.
B.
That portion of the total user charge collected which is designated for the operation and maintenance, including replacement purposes as established in Section 710.040, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two (2) primary accounts as follows:
1.
The Operation and Maintenance Account shall be an account designated
for the specific purpose of defraying operation and maintenance costs
(excluding replacement) of the treatment works. Deposits in the Operation
and Maintenance Account shall be made monthly from the operation and
maintenance revenue in the amount of twelve thousand seven hundred
thirty-four dollars ($12,734.00) monthly.
2.
The Replacement Account shall be an account designated for the purpose
of ensuring replacement needs over the useful life of the treatment
works. Deposits in the Replacement Account shall be made biannually
from the replacement revenue in the amount of three thousand seven
hundred fifty dollars ($3,750.00) biannually.
C.
Fiscal
year-end balances in the Operation and Maintenance Account and the
Replacement Account shall be carried over to the same accounts in
each subsequent fiscal year and shall be used for no other purposes
than those designated for these accounts. Monies which have been transferred
from other sources to meet temporary shortages in the Operation, Maintenance
and Replacement Fund shall be returned to their respective accounts
upon appropriate adjustment of the user charge rates for operation,
maintenance and replacement. The user charge rate(s) shall be adjusted
such that the transferred monies will be returned to their respective
accounts within the fiscal year following the fiscal year in which
the monies were borrowed.
[Ord. No. 447 Art.
IV §§1 — 9, 1-10-2005; Ord. No. 516 §§II —
III, 12-15-2008; Ord. No. 557 §§II — III, 12-12-2011]
A.
Each
user shall pay for the services provided by the City of Lincoln based
on their use of the water and/or treatment works as determined by
water meter(s) acceptable to the City of Lincoln.
B.
For
residential users, monthly user charges for water services will be
based on actual usage.
C.
For residential contributors to the wastewater system, monthly user
charges will be based on the average water usage of February, March,
and April with the average rounded to the nearest one hundred (100)
gallons (water usage for these months includes little seasonal consumptive
use). If a residential contributor has not established a February,
March, and April average, his or her monthly bill shall be the median
charge of all other residential contributors.
[Ord. No. 576 §§I
— II, 7-8-2013; Ord. No. 614, 5-9-2016]
D.
For
industrial and commercial contributors, user charges for water and/or
sewer services shall be based on water used during the current month.
If a commercial or industrial contributor has a consumptive use of
water or in some other manner uses water which is not returned to
the wastewater collection system, the user charge for that contributor
to the sewer system may be based on wastewater meter(s) or separate
water meter(s) installed and maintained at the contributor's expense
and in a manner acceptable to the City of Lincoln.
E.
(Reference Is Made To Appendix A On File With City Clerk.)
[Ord. No. 583 §§ I
— II, 12-9-2013; Ord. No. 653, 12-10-2018]
1.
Effective January 1, 2019, water services for the first one
thousand (1,000) gallons per month will be a minimum charge of thirteen
dollars and fifty cents ($13.50). For all gallons exceeding one thousand
(1,000) gallons each month, five dollars and fifty cents ($5.50) or
fraction thereof will be charged. Bulk water will be charged at twelve
dollars ($12.00) per one thousand (1,000) gallons or fraction thereof.
2.
Effective January 1, 2020, water services for the first one
thousand (1,000) gallons per month will be a minimum charge of fourteen
dollars ($14.00). For all gallons exceeding one thousand (1,000) gallons
each month, five dollars and seventy-five cents ($5.75) or fraction
thereof will be charged.
3.
Effective January 1, 2021, water services for the first one
thousand (1,000) gallons per month will be a minimum charge of fourteen
dollars and fifty cents ($14.50). For all gallons exceeding one thousand
(1,000) gallons each month, six dollars ($6.00) or fraction will be
charged.
4.
Effective January 1, 2022, water services for the first one
thousand (1,000) gallons per month will be a minimum charge of fourteen
dollars and seventy-five cents ($14.75). For all gallons exceeding
one thousand (1,000) gallons each month, six dollars and twenty-five
cents ($6.25) or fraction thereof will be charged. Bulk water will
be charged at thirteen dollars and fifty cents ($13.50) per one thousand
(1,000) gallons or fraction thereof.
F.
Each
contributor shall pay user charges for the operation and maintenances
including replacement of thirty-four dollars ($34.00) for the first
thousand (1,000) gallons of wastewater or fraction thereof and eight
dollars ($8.00) per thousand (1,000) thereafter or fraction thereof
as determined in the preceding Section.
[Ord. No. 663, 3-9-2020]
G.
(Reference
is made to Appendix A on file with the City Clerk.) For those contributors
which contribute wastewater, the strength of which is greater than
normal domestic sewage, a surcharge in addition to the normal user
charge will be collected. The surcharge for operation and maintenance
including replacement is:
|
|
One dollar four cents ($1.04) per pound BOD
|
|
|
Eighty-eight cents ($.88) per pound SS
|
H.
Any
user which discharges any toxic pollutants which cause an increase
in the cost or managing the effluent or the sludge from the City or
Lincoln treatment works or any user which discharges any substance
which singly or by interaction with other substances causes identifiable
increases in the cost of operation, maintenance or replacement of
the treatment works shall pay for such increased costs. The charge
to each such user shall be as determined by the responsible plant
operating personnel and approved by the Board of Aldermen.
I.
The
user charge rates established in this Section apply to all consumers
and users of the City of Lincoln water system and/or wastewater treatment
works, regardless of the user's location.
J.
An
additional charge of five dollars ($5.00) per month shall be added
to consumers of water service outside the City limits which are served
by the City of Lincoln water system.
[Ord. No. 447 Art.
V §§1 — 7, 1-10-2005]
A.
In
addition to the other duties of the water bill preparer, it shall
be the duty of the water bill preparer to keep a log for the purpose
of the name of every person furnished municipal utilities and enter
the charges for such services as provided for by this Chapter or other
related ordinances.
B.
The
water bill preparer shall as early as may be possible after the first
(1st) day of each month mail to each consumer of water and/or sewer
a true and correct statement of such consumer's account, showing the
amount of water used or the charge for such water and/or sewer or
the general charge for service and such other charges as may have
been made for services rendered using the form of statement provided
by the City.
C.
Any
violation of this Chapter, or any related ordinance that may be enacted,
shall be cause for discontinuance of service to any place where such
violation occurred. In the event of the discontinuance of such service
for cause, the service shall not again be reinstated until such violator
shall have complied with the requirements as set out and shall have
given satisfactory assurance that such violation shall not recur.
D.
No
person shall reconnect or turn on any municipal utility service after
same has been disconnected or cause the same to be reconnected or
turned on, until:
1.
When any consumer of services of municipal utilities has been disconnected,
such consumer shall only be reconnected after the consumer has met
such reasonable terms and provisions as may be ordered by the Board
of Aldermen. The Board of Aldermen may require such deposit be made
by the consumer with the City as they shall deem necessary before
restoring service to the consumer.
2.
Before any consumer who has been disconnected for failure to pay
his/her account with the City for service from municipal utilities
prior to the date designated for the consumer to be disconnected for
failure to pay, he/she shall, before being reconnected, pay all delinquent
bills in full and, in addition thereto, shall pay the sum of twenty-five
dollars ($25.00) for reconnection.
E.
When
the Board allows uncollectible bills presented by the water bill preparer
for credit, the water bill preparer shall credit the collector of
water bills with the amount of such uncollectible bills and shall
file the itemized bills alphabetically for future reference as to
eligibility for restoration of service to previously delinquent consumers.
F.
Should
a residential customer vacant the residence but leave water service
in his/her name, he/she may apply for a wavier on the current wastewater
average but will be required to pay the median charge of all other
residential contributors. Application may be made at the Lincoln City
Hall. The waiver will be reconsidered monthly until termination of
service or the residence becomes occupied.
G.
Nothing
in this Chapter shall affect any ordinance providing a means to obtain
utility easements over private land outside the City through making
provisions for the limited use of utilities upon said land and providing
for the execution of contracts to accomplish the same and all such
ordinances are hereby recognized as continuing in full force and effect
to the same extent as if set out at length in this Chapter.
[Ord. No. 447 Art.
VI §§1 — 2, 1-10-2005]
A.
The
City of Lincoln shall review the user charge system annually and revise
user charge rates as necessary to ensure that the system generates
adequate revenues to pay the costs of operation and maintenance including
replacement and that the system continues to provide for the proportional
distribution of operation and maintenance including replacement costs
among users and user classes.
B.
The
City of Lincoln will notify each user at least annually, in conjunction
with a regular bill, of the rate being charged for operation and maintenance
including replacement of the treatment works.
[Ord. No. 447 Art.
VII §§1 — 10, 1-10-2005; Ord. No. 467 §§1
— 3, 10-10-2005; Ord. No. 557 §IV, 12-12-2011]
A.
The
existing waterworks system and the existing sewerage system of the
City shall be operated as a combined waterworks and sewerage system
and said combined system shall consist of the entire waterworks system
then existing and the entire sewerage system then existing of said
City, together with all future improvements and extensions thereto.
B.
All
service supplied by the combined system shall be upon the express
condition that the City shall not be liable nor shall any claim be
made against it for damages or injury caused by reason of the breaking
of any main, branches, service pipes, apparatus or appurtenances connected
with said system or any part or portion thereof or by reason of any
interruption of the supply of water as a result of the breakage of
machinery or as a result of stoppage, alterations, extensions or renewals.
C.
The
City reserves the right to shut off water for the purpose of repairing,
cleaning, making connections with or extending the combined system,
for the purpose of concentrating water in any part of the City in
case of fire or for the purpose of restricting the use of water in
case of deficiency in supply, including the suspension of the use
of water for sprinkling lawns or gardens. No claim shall be made against
the City by reason of the failure of water or sewer service as the
result of the breaking of any service pipe, the relaying of mains,
hydrants or other connections, the repairing of any part of the combined
system, the failure of the water supply, the increasing of the water
pressure at any time or the concentrated or restricted use of water
as herein contemplated.
D.
Property Owner's Responsibility — Delinquent Accounts —
Penalty, Severability, Effective Date.
1.
Landlords responsible for utility bills. The owner/landlord
of any lot, parcel of land or premises receiving the services of the
waterworks system, the sewerage system, or both, of the City, the
occupant of such premises and the user of the services shall be jointly
and severally liable for the payment for such services to such lot,
parcel of land or premises and all services shall be rendered to any
lot, parcel of land or premises by the City only on the condition
that such owner, occupant and user shall be jointly and severally
liable therefore to the City. If the landlord or property owner fails
to pay the utility charges, the City may refuse to provide any water
service to the property with the delinquent charge even in the name
of a subsequent tenant or new owner of the property.
2.
Delinquent accounts. When a tenant 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. Any notice of termination
of service shall be sent to both the occupant and owner of the premises
receiving such service. When an occupant is delinquent more than ninety
(90) days, the owner shall not be liable for sums for more than ninety
(90) days of service.
3.
Penalty — severability — effective date. This Chapter shall be in full force and effect upon its passage and
approval,except that landlords will not be liable for unpaid delinquent
utility bills incurred before the effective date of this Chapter,
unless the utility customer remains a tenant of the landlord for ninety
(90) days past the effective date of this Chapter. Those provisions
of this Chapter which establish an offense are subject to the general
penalty provisions provided by law.
E.
Bills
for the rates and charges established for water and sewer services
shall be made out by the water bill preparer, shall be payable upon
receipt of bill and may be paid at the City Hall of Lincoln or mailed
to the City of Lincoln, P.O. Box 17, Lincoln, MO. 65338.
1.
Whenever any premises shall be connected with the sewerage system,
a charge shall be made for each such connection: four hundred dollars
($400.00) to be effective after July 31, 1994.
2.
Whenever any premises shall be connected to the waterworks system
of the City, a charge shall be connected to the waterworks system
of the City, a charge shall be made for each such connection:
a.
If connection of the main water line is on the same side of road
(one (1) meter with three-fourth (¾) inch line), the charge
is four hundred dollars ($400.00);
b.
If connection of main water line is on the opposite side of road
by digging (one (1) meter with three-fourth (¾) inch line),
the charge is six hundred dollars ($600.00);
c.
If connection of main water line is done by drilling or pushing (one
(1) meter with three-fourth (¾) inch line), the charge is eight
hundred dollars ($800.00);
d.
If connection of main water line is done by digging on the opposite
side of road (one (1) inch line with two (2) meters), the charge is
one thousand dollars ($1,000.00);
e.
If connection of main water line is done by drilling or pushing (one
(1) inch line with two (2) meters), the charge is one thousand two
hundred dollars ($1,200.00).
3.
As used in Subsections (A) and (B) of this Section, the word "premises" shall be construed to mean each lot, parcel of
land or building and each division of a building under one (1) common
roof owned or occupied by one (1) person or group of persons who will
be charged for all services to such premises and which is served by
one (1) water meter or one (1) sewer connection.
F.
If
any charge or charges for the services of either system shall not
be paid by the twenty-fifth (25th) day of the month in which it or
they shall become due and payable, a delayed payment charge of twenty
percent (20%) of the amount of the bill shall be added thereto and
collected therewith.
G.
If
any bill for the services of either City utility system shall remain
unpaid after thirty (30) days following the rendition of the bill
therefore, the water supply for the lot, parcel of land or premises
affected shall be shut off and shall not be turned on again except
on payment in full of the delinquent charges therefore and, in addition,
a shutoff charge of twenty-five dollars ($25.00) will be assessed
to the account at the time the shutoff list goes to the Public Works
Department for shutoff.
H.
The
Board reserves the right to make special charges for services supplied
to property not covered by the rates in this Chapter or which, in
the judgment of the said Board, should be charged special rates.
I.
Water
and sewer service shall be deemed to have been supplied to any lot,
parcel of land, premises and each single-family dwelling unit, apartment,
business, commercial establishment, professional establishment or
governmental entity located therein or thereon, which is connected
to the waterworks system, the sewerage system, or both, during any
month unless the user shall have given written notice to the water
bill preparer prior to the first (1st) day of the month that service
should be discontinued on or prior to the first (1st) day of such
month. Upon the receipt of such notice, water service shall be discontinued
in accordance therewith and shall not be resumed unless a request
for the resumption of water service shall have been made.
J.
The
City and its employees shall have ready access at all reasonable times
to the lots, parcels of land, premises, places or buildings where
water or sewer service is supplied for the purpose of examining and
testing the consumption, use and flow of water and the functioning
of the apparatus used to collect and deliver sewage and it shall be
unlawful for any person to interfere with, prevent or obstruct said
City or its duly authorized agent in its or his/her duties hereunder.
Every user of the services of the combined system shall take the services
of the same upon the conditions prescribed in this Section.
[Ord. No. 447 Art.
VIII §§1 — 4, 1-10-2005; Ord. No. 557 §V, 12-12-2011]
A.
Deposits.
1.
Any person desiring water shall make application in writing to the
water bill preparer making a minimum deposit of one hundred fifty
dollars ($150.00) or such sum as in the discretion of the City seems
sufficient. If the user is the property owner and after one (1) year
of service has paid all water and sewer bills in a timely manner,
the user may request a refund of the deposit. In addition, a non-refundable
turn-on fee of twenty-five dollars ($25.00) shall be paid by all consumers
before water service is turned on.
2.
When service is discontinued, provided that there are no unpaid bills,
the deposit shall be returned; if there are unpaid bills outstanding,
the amount of such unpaid bills shall be deducted and the balance
of the deposit returned. When one (1) or more persons shall occupy
the same house or building and be supplied through the same service
pipe, the application shall be made in the name of one (1) person
who shall be held responsible for all charges and for observance of
the rules and regulations of this Code and other ordinances; provided
that in double houses or apartment houses, each house or apartment
having separate meter, the above provision shall not apply; and provided
further, that where one (1) meter shall supply the various apartments
of any such apartment house, any such owner shall be held responsible
for the charge and for observance of all provisions of this Chapter.
3.
Should water service be temporarily discontinued at the customer's
request for an undetermined amount of time extending past one (1)
month in length, a twenty-five dollar ($25.00) start-up fee shall
be charged for restoration of service by a City employee.
4.
Should any customer request water service to be temporarily shut
off for repair on the customer's line inside of the home due to not
having a shutoff inside the home, a twenty-five dollar ($25.00) charge
for turning the water off and on may be assessed.
B.
Water Meter — Repair.
1.
When a water meter in service ceases to register properly by reason
of wear and tear, defects or other faults of the meter, it will be
repaired or replaced with another meter by the City without charge.
If the meter has been destroyed or shall become damaged by hot water
or by accidental or willful breakage, the expense of repairing or
replacing such meter shall be borne by the consumer.
2.
If at any time, in the opinion of the City Engineer, a water meter
of any consumer does not register properly, it may be taken out of
service for a test to determine whether it should be repaired or replaced.
C.
All
consumers shall keep their own service pipes, stopcocks and apparatus
in good repair and protected from freezing at their own expense. The
City shall not be responsible for any breakage or leakage in any service
pipe or cock after such pipe shall have left the stopcock or shall
have entered the premises of the consumer.
D.
No
person shall interfere with or shut on or off water service between
the water main and the water meter without the City Engineer's approval.
No person shall tamper with any water meter so that same shall not
register water passing through such meter or so that same shall register
a lesser quantity of water than actually is consumed or who shall
tap or connect with any supply or service pipe before such supply
or service pipe shall have connected with such meter, so that water
is diverted around the meter and shall not pass through the same,
nor shall any person permit such tapping or connecting with any supply
or service pipe or authorize the same, so that water shall be diverted
as set out in this Section.
[Ord. No. 447 Art.
IX §§1 — 3, 1-10-2005]
A.
Emergency Defined — Declaration.
1.
The word "emergency", when used in this Section,
shall include any facts whereby the City water pressure is reduced
or may be reduced per square inch in the mains or where the health
and welfare of the citizens of the City is endangered by the actual
or possible shortage of water or where there is an insufficient amount
of water for human consumption and sanitary purposes.
2.
Upon the finding of such condition, the City Engineer and/or the
Mayor may declare a state of emergency to exist for a period not greater
than seventy-two (72) hours. The Board of Aldermen, upon the finding
of such facts to exist, may declare a state of emergency to exist
for a period not greater than one hundred forty-eight (148) hours.
B.
Certain Uses Prohibited. Upon the declaration of a state of emergency as provided in Subsection (A)(1), the use and withdrawal of water by any person for the following purposes is hereby prohibited:
1.
Watering yards. The sprinkling, watering or irrigating
of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens,
vegetables, flowers or any other vegetation.
2.
Washing mobile equipment. The washing of automobiles,
trucks, trailers, trailer-houses, railroad cars or any other type
of mobile equipment.
3.
Cleaning outdoor surfaces. The washing of sidewalks,
driveways, filling station aprons, porches and other outdoor surfaces.
4.
Cleaning buildings. The washing of the outside of
dwellings; the washing of the inside and outside of office buildings.
5.
Cleaning equipment and machinery. The washing and
cleaning of any business or industrial equipment and machinery.
6.
Ornamental fountains. The operation of any ornamental
fountain or other structure making a similar use of water.
7.
Swimming pools. Swimming and wading pools not employing
a filter and recirculating system.
8.
Escape through defective plumbing. The escape of
water through defective plumbing, which shall mean the knowing permission
for defective plumbing to remain out of repair.
9.
For any other purpose whatsoever kind and nature, other than that
which is necessary for the reason of health and for purposes of sanitation.
10.
Commercial and industrial users to conserve water as much as possible.
11.
The limitation or prohibition of water use by commercial car washes.
C.
During
any state of emergency any person violating any of the provisions
of this Section shall, by order of the City Engineer and/or the Mayor,
have all water connections from the City water system disconnected.
Any person who shall violate any of the provisions of this Section
and any person who aids, abets or assists therein shall be deemed
guilty of a misdemeanor.
[Ord. No. 447 Art.
X, 1-10-2005]
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 United States Department of Agriculture, Rural Development, so
long as the owner has unpaid obligations which are held or insured
by the United States of America. Any amendment or change to the 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 be resolution designate. Such amendment or change shall
be ineffective only if not approved by the USDA, Rural Development
as hereinbefore provided, but in the event such approval is given
by the USDA, Rural Development, said approval shall be retroactive
to the date of such change or amendment as provided herein or as otherwise
provided by resolution of the owner. 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.
[Ord. No. 302 §I(7), 7-19-1994]
Nothing in this Chapter shall affect any ordinance providing
a means to obtain utility easements over private land outside the
City through making provisions for the limited use of utilities upon
said land and providing for the execution of contracts to accomplish
the same and all such ordinances are hereby recognized as continuing
in full force and effect to the same extent as if set out at length
in this Chapter.
[Ord. No. 302 §II(12), 7-19-1994]
The Board reserves the right to make special charges for services
supplied to properties not covered by the rates in this Article or
which, in the judgment of the said Board, should be charged special
rates.
