[Ord. No. 573 §1, 4-12-1993]
The following Sections are hereby adopted for the purpose of
governing the water services furnished by the City of King City, Missouri,
in a uniform manner for the benefit of the City and its water users,
subject to change as herein provided without notice to any user or
any other person.
[Ord. No. 573 §2, 4-12-1993]
As used in this Chapter, the following words shall have the
meanings set out herein.
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.
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.
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.
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 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.
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.
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.
The written contract between the water user and the owner
pursuant to which water service is supplied or made available.
[Ord. No. 573 §3, 4-12-1993]
The owner, being the sole and exclusive owner of the entire
water supply system, reserves unto itself the right to and does hereby
prescribe the conditions upon which the privilege to tap any of its
water lines or mains may be exercised, or to withhold such privileges,
if need be, and in the event any act shall be wrongfully committed,
or thing done by the user or other persons or firms or corporations
holding a grant of such privileges, in violation of any owner's ordinances
relating to the water supply system, then such privilege may at the
option of the owner be suspended, abridged or absolutely revoked.
[Ord. No. 573 §§4 —
5, 4-12-1993]
A.
Appointment. There is hereby created the position of Water
Superintendent who shall be appointed by the Mayor and with the consent
and approval of the Board of Aldermen. The Water Superintendent shall
hold office at the will of the Mayor and Board of Aldermen and may
be removed from office by the Mayor and the Board of Aldermen.
B.
Salary. The Water Superintendent shall receive such compensation
for his/her services as the Board of Aldermen shall from time to time
determine.
[Ord. No. 573 §6, 4-12-1993]
Rate schedules for water and water services are fixed by the
owner. The rate schedule is subject to change by action of the owner
at any time.
[Ord. No. 573 §7, 4-12-1993]
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.
[Ord. No. 634 §1, 8-11-2003]
A person or persons desiring to use water furnished by the City
shall make application for such service to the City Collector on forms
prescribed by the City and shall make a deposit to be retained by
the City so long as the customer uses water furnished by the City
to be refunded if all charges owed by said customer have been paid
to the City. The deposit schedule is as follows:
Property owner: $75.00.
Renter: $150.00.
[Ord. No. 573 §8, 4-12-1993]
A.
Readiness To Accept. Before installing a service extension
and providing water, the owner may require the applicant to pipe his/her
home and be in readiness to accept the service.
B.
Service For Sole Use Of The Water User. The standard water
service connection is for the sole use of the water user and does
not permit the extension of pipes to transfer water from one property
to any other consumer nor will the user share, resell or submeter
water to any other consumer. If an emergency or specific situation
should make such an arrangement advisable, it shall be done only on
specific written permission of the owner for the duration of the emergency.
No more than one (1) residence shall be served by one (1) water service
connection. A farm containing one (1) residence and other buildings
for use in the farming operation shall be considered as one (1) residence
and the water user may use water from one (1) meter for all such buildings;
provided that in the event that a farm contains two (2) or more residences,
a meter shall be required for each residence, unless the owner shall
find such to be an unusual hardship upon the water user, in which
case a special agreement may be made concerning such additional residence.
C.
Hardship Agreements. The owner may enter into a special
agreement whereby a right of entry is granted to the owner to read
a meter placed on private property for remotely located residences
or remotely located water uses, where the location of the meter as
provided in these rules and regulations would, in the owner's opinion,
cause undue hardship and expense on the water user. Such special agreements
must be written and no water user or applicant for water service shall
have any right to force the owner to enter into such a special agreement,
but such agreements must be entered into solely at the discretion
of the owner. The owner may in the alternative apply the multiple-unit
residence rule stated in these rules and regulations.
D.
Continuity Of Service. The owner will make all reasonable
efforts to supply continuous, uninterrupted service. However, it shall
have the right to interrupt service for the purpose of making repairs,
connections, extensions or for other necessary work. Efforts will
be made to notify water users whenever possible who may be affected
by such interruptions, but the owner will not accept responsibility
of or losses which might occur due to such necessary interruptions.
The owner does not accept responsibility and shall not be liable for
losses which might occur due to interruptions to service for any cause
and does not accept responsibility for losses due to failure of the
owner to notify any water user of any such interruption.
E.
Services. The owner will install all water service pipes
from its mains to the meters on property abutting the right-of-way
along which the main is installed insofar as its current financial
responsibilities, obligations and conditions will permit and insofar
as adequate water pressure is available at the point of delivery requested
by the applicant or water user. The service pipe shall not be less
than three-fourths (¾) inch in size and the owner will also
install and pay for the owner's main connection, meter and meter setting.
The meter or curb setup will be set at owner's property line. The
charge for services to be made by the owner shall be that amount as
provided by the owner, but in no event shall it be less than the cost
to the owner.
F.
Right To Inspect. Representatives of the owner 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.
G.
Piping Work To Be Inspected. All piping work in connection
with pipe and services connected with the owner's main shall be submitted
to the inspection of the owner before such underground work is covered
up. Whenever the owner determines that a job of plumbing is obviously
defective, although not in direct violation, the owner may require
that it be corrected before the water will be turned on. The owner
may prescribe the type of materials and the standard of workmanship
to be followed in enforcing this Section.
H.
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.
I.
Check Valves, Flush Valves And Vacuum Breakers. Water users
having boilers or hot water systems connected with mains of the owner
must have a check valve in the supply pipe to the boilers and hot
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 owner, however, will not be responsible for accidents or damages
resulting from the imperfect action or failure of said valves.
J.
Cross-Connections And Interconnections. The owner will not
allow to be made any physical connection in its water supply system
to that of any other pipe system or equipment, where such other pipe
system or equipment in any manner receives all or any part of its
supply of water directly or indirectly from wells, streams or any
source other than that of the water system of the owner.
No interconnection or cross-connection, as defined below, shall
be permitted. The making, causing or permitting of the installation
or existence of any interconnection or cross-connection shall constitute
a violation of the rules and regulations of the owner and such prohibited
connection shall be removed forthwith in a manner acceptable to the
owner and the duly constituted public health officials.
Failure to do so within two (2) days from and after date of
notification by the owner may result in discontinuance of water service
without further notice.
When used in these rules and regulations, the following words
and phrases shall have the meaning herein provided.
1.
CROSS-CONNECTION: A cross-connection is any pipe,
valve or other arrangement or device connecting the pipe lines of
the owner or facilities directly or indirectly connected therewith
to and with pipes or fixtures supplied with water from any source
other than the lines of the owner directly connected.
2.
INTERCONNECTION: An interconnection is a plumbing
arrangement, other than a cross-connection, by which contamination
might be admitted or drawn into the distribution system of the owner,
or into lines connected therewith, which are used for the conveyance
of potable water.
The owner shall have the right at all hours to enter upon water
user's premises for the purpose of inspection and enforcement of this
provision.
K.
Applicants Having Excessive Requirements. In the event of
an applicant whose water requirements are bound to exceed the owner's
ability to supply it from existing physical assets without adversely
affecting service to other water users, the owner will not be obligated
to render such service, unless and until suitable financing is provided
by the applicant to cover the additional physical assets. The owner
has no obligation to reimburse the applicant for any physical assets
provided.
L.
Customer's Duty Regarding Service Lines.
1.
The water user's service pipe and all connections and fixtures attached
thereto shall be subject to the inspection of the owner before the
water will be turned on, if the owner 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 owner.
2.
All service pipes shall be laid at all points at least forty-two
(42) inches below the surface of the ground and shall be placed on
firm and continuous earth so as to give unyielding and permanent support.
They shall not be laid in sewer ditches. It shall be installed in
the trench at least eighteen (18) inches in a horizontal direction,
in undisturbed earth, from any other trench wherein are laid gas pipe,
sewer pipe or for other facility public or private. Such service line
shall not pass through premises other than that to be supplied unless
the owner shall so agree in writing.
3.
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.
4.
No fixture shall be attached to, or any branch made in, the service
pipe between the main of the owner and the meter.
5.
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.
6.
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.
7.
The owner 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
owner as provided for in these rules and regulations.
M.
No One But Owner's Employee May Turn Water Off Or On. No
one but an employee or a person authorized by the owner shall turn
on water or shut off water to any water user or to any property, except
in the case of escaping water.
N.
Water Users Requiring Uninterrupted Supply.
1.
The owner 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.
2.
Fixtures or devices taking a supply of water directly from the service
pipes, depending upon the hydraulic pressure of the pipe system of
the owner for supplying same under working pressure, would do so at
the risk of the parties making such attachments, as the owner will
not be responsible for any accidents or damages to which such fixtures
or devices are subject.
[Ord. No. 573 §10, 4-12-1993]
A.
Meters Furnished By Owner. Meters will be furnished, installed,
owned, inspected, tested and kept in proper operating condition by
the owner without cost to the water user, except that such water user
shall pay a connection 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 owner. Meter tests
will be made according to methods of the American Waterworks Association
by the owner as often as deemed necessary by the owner.
B.
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 as 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.
C.
Meter Location. Meters shall be set in an accessible place
on the outside of buildings, except where otherwise directed by the
owner. All meters shall be set horizontally and never connected into
a vertical pipe. Meters outside of the buildings shall be placed in
meter boxes furnished and installed by the owner.
D.
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.
E.
Water User's Responsibility. The water user shall be responsible
for any damage to the meter installed for his/her service for any
cause other than normal wear and tear.
[Ord. No. 573 §11, 4-12-1993]
A.
Bills
will be rendered for service by the twentieth (20th) day following
the close of the period for which the service was rendered as set
forth in the rate schedule. Service bills not paid by the fifth (5th)
shall be subject to a five percent (5%) late charge. Failure of the
owner to submit a service bill shall not excuse the water user from
his/her obligation to pay for the water used when the bill is submitted.
Failure to pay a bill before the second (2nd) Monday of the month
following the close of the period for which service was rendered shall
result in the disconnection of the service and such disconnection
shall be made without the necessity of notice to the water user. Any
damage resulting to the water user or any property of the water user
or the last owner of the property occupied by the water user shall
not be the responsibility of the owner, its agents or employees. The
owner, its agents and employees shall not be liable to the water user
or the landowner 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 and it shall be immaterial that no
notice of such disconnection was given to the water user or to said
property owner.
B.
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 owner
makes reading unusually difficult, costly or impossible, then the
bills may be estimated using, at the discretion of the owner, either
the amount of water used by the water user in the previous billing
period or in the same billing period in the previous year and the
bill for such period shall be based upon such amount of water used.
The meter reading and the bill rendered for any period subsequent
to a period for which the bill of any water user shall be based upon
such estimates shall take into account such estimates and such estimates
shall be considered the actual amount of water consumed for the period
or periods estimated. Estimates may be made in the case of one (1)
or more water users or for all water users of the owner at the discretion
of the owner and it shall not be required that all bills be estimated
in the event any one (1) or more water users' bills are estimated
as herein set forth.
C.
Bills
may be submitted on a monthly basis as the owner may provide and direct
in its actions establishing a rate schedule.
[Ord. No. 573 §12, 4-12-1993]
A.
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 owner.
B.
In
the event that water service is discontinued for any reason other
than the temporary vacancy of the property, or in the event that it
is discontinued and another source of water supply is used for the
property, then reconnection shall be made only in the event that the
minimum bill for the period of disconnection shall be paid by the
water user or owner of the property. In addition, all previously unpaid
bills, plus six percent (6%) interest thereon, shall be paid before
reconnection shall be allowed for such water user or property.
C.
In
the event that an applicant for water services has purchased or otherwise
acquired the property and holds title thereto and the previous landowner
had discontinued water service other than because of the temporary
vacancy thereof, said applicant shall not be required to pay the above
reconnection charges as a result of the conduct or actions of the
previous landowner but shall be required to pay only a connection
charge of thirty-five dollars ($35.00).
D.
In
the case of a water user who had discontinued from the system for
a reason other than the vacancy of the property, or in the case of
a landowner of such property desiring to restore service, then such
water user or landowner shall pay, in addition to the charges above
set forth, a reconnection charge of fifty dollars ($50.00) for reconnecting
said property to the system of the owner.
E.
Except
in the case of failure of the water user to pay the bill owed the
owner for water service as set forth in these rules and regulations,
the owner will not discontinue the service of any water user for violation
of any rule or regulation of the owner without written notice of at
least two (2) days, mailed to such customer at his/her address as
shown upon the owner'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 owner's regulating 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 owner for any of the following reasons:
1.
For willful or indifferent waste of water due to any cause.
2.
For failure to protect from injury or damage the meter and 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 owner.
3.
For molesting or tampering by the water user, or others with the
knowledge of the water user, with any meter, connections, service
pipe, curb cock, seal, valve or any other appliance of the owner's
controlling or regulating the water user's water supply.
4.
For failure to provide the owner'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.
5.
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, the rate schedule of the
owner.
6.
In case of vacancy of the premises.
7.
For violation of any rules and regulations of the owner.
8.
For any practice or act prohibited by the Missouri Division of Health.
9.
For failure to allow any owner'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.
F.
The
discontinuance of the supply of water to a property for any reason
shall not prevent the owner from pursuing any lawful remedy by action
at law or otherwise for the collection of monies due from the water
user or property owner.
G.
Water
will not be turned on to any property unless there is at least one
(1) adult person therein at such time to see that all water outlets
in the premises are closed to prevent damage by escaping water.
H.
Only
an employee, officer or agent of the owner may turn on water and all
applicants and water users are expressly forbidden to do so.
[Ord. No. 573 §13, 4-12-1993]
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.
[Ord. No. 573 §14, 4-12-1993]
A.
Extensions
of water mains and lines shall be made by the owner upon written application
in a form approved by the owner. If said application is approved,
the main or line shall be extended provided that:
1.
Applicant pays all construction, engineering and legal expense of
such extension. Said payment shall be made in advance to the owner
or at the discretion of the owner may be placed in a special escrow
account. If the cost and expense of such construction is not ascertainable,
the cost thereof shall be estimated and said amount shall be paid
the owner to put in a special escrow account and applicant shall agree
to pay any additional costs incurred for such extension.
2.
Before granting to an applicant the right to make such extension
or before entering into an agreement therefore, the owner shall first
determine that the extension will not materially affect in an adverse
manner the service rendered to any existing customers of the owner.
In the event the owner determines, based upon information furnished
by its employees and consultants, that such extension would have a
material adverse affect upon existing water users of the owner, then
the owner shall not permit such extension.
3.
In the event the applicant desires to perform the construction, the
applicant shall pay all engineering, legal and administrative costs
incurred by the owner incident to the approval of the plans and specifications
for construction of the improvements, the perfecting of all rights-of-way
and other costs incident to the construction
The construction and materials shall be inspected by a qualified
inspector, furnished by the owner. The cost of this inspector shall
be borne by the applicant.
Upon satisfactory completion and testing, the improvements shall
be dedicated, free and clear of all encumbrances, to the owner.
All plans and specifications for main extensions or improvements
will be approved by the owner and the appropriate agency of the State
of Missouri.
[Ord. No. 573 §15, 4-12-1993]
A.
In
the event that service is desired by a landowner of a multiple-unit
residence, said "multiple-unit residence" being herein
defined as a dwelling unit housing more than one (1) family and such
definition shall include duplexes, triplexes, four-plexes, apartment
and all similar structures and residences, then the landowner shall
be required to acquire a water meter for each unit or, in the alternative,
to enter into a special written agreement with the owner whereby all
units of such residence are served by one (1) water meter, that the
total gallons used during each billing period, as determined by the
rate schedule resolution of the owner by such multiple-unit residence,
shall be divided by the number of units in such residence and the
water user shall be charged for each individual unit within the multiple-unit
residence on a pro rata basis, as though such water user were an individual
user in a one (1) family residence; provided further, that the landowner
of the property shall be responsible for payment of all such bills
of all units contained within any multiple unit residence and that
the amount of the water meter deposit shall be determined by the owner
as herein set forth.
B.
The
owner shall be the sole judge and shall have full authority to determine
how many units are contained in a residence and such determination
shall be final and binding upon the landowner of any such residence
and upon any water user therein.
[Ord. No. 573 §16, 4-12-1993]
A.
In
the event that a trailer court, also known as a mobile home court,
desires service, then the landowner shall be required to acquire a
water meter for each trailer space or, in the alternative, to enter
into a special agreement with the owner whereby all units of such
trailer court are served by one (1) water meter, but the total gallons
used during each billing period by the trailer court shall be divided
by the number of units using water during such billing. The water
used shall be charged to each individual unit on a pro rata basis,
as though such amount of water was used for such billing period by
an individual user and the landowner of the trailer court shall pay
as a bill for such billing period the total of such bills computed
as above set forth. The amount of the water meter deposit shall be
determined by the owner as set forth in these rules and regulations.
B.
The
number of trailers using water during each billing period shall be
the number of trailer locations actually served during such time and
the owner, its employees and agents shall determine how many such
units are served and such determination shall be final and binding
upon the landowner of the trailer court.
[Ord. No. 573 §17, 4-12-1993]
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.
[Ord. No. 573 §18, 4-12-1993]
A.
The
owner 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 owner will undertake to use reasonable
care and diligence in order to prevent and avoid interruptions and
fluxations in the service, but it cannot and does not guarantee that
such will not occur.
B.
The
owner 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 the supply of water caused by the breaking
of machinery or stoppage for necessary repairs, and no persons shall
be entitled to damages nor have any portion of a payment refunded
for any interruption of service.
[Ord. No. 573 §19, 4-12-1993]
A.
No
person shall turn the water on or off at any street valve, corporation
cock, curb cock or other street connection or disconnect or remove
any meter without the consent of the owner.
B.
No
employee or agent of the owner 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.
C.
Any
complaint against the service or employees of the owner should be
made at the office of the owner in writing.
D.
The
service pipes, meters and fixtures on the water user's property shall
at all reasonable hours be accessible to the owner for observation
or inspection.
E.
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, gardens 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 supply water for other purposes.
[Ord. No. 573 §20, 4-12-1993]
The City Clerk shall collect all sums due owner in connection
with the operation of the water supply system and sewer system and
shall receive such compensation for said duties as the Board of Aldermen
shall from time to time determine.
[Ord. No. 573 §21, 4-12-1993]
These rules and regulations may be amended at any regular meeting
of the owner or at any special meeting thereof called for such purpose.
