[Ord. No. 6111, § 1, 4-14-1977; Ord. No. 6172, § 3, 8-4-1977]
There is hereby created the office of the Superintendent of
the water system, who shall have the supervisory authority over the
City's water system under the direction of the Director of Public
Services.
[Gen. Ords. 1959, § 25.01(a); Ord.
No. 9073, § 1, 9-20-2001]
No water shall be furnished by the City Water Department to
any premises until the person desiring to use the same has made application
therefor on printed blanks to be furnished by the Director of Finance
giving their full name and the location of the property.
[Ord. No. 8564, § 5, 11-21-1996; Ord. No. 9073, § 2, 9-20-2001; Ord. No. 10025, § 2, 8-4-2011]
(a) All applications for water service shall carry the following legend: "Water service may be discontinued if any bill is not paid in full for three consecutive months, as provided for in §
23-145 of the Kirkwood Code of Ordinances. Further, if a bill for any month is not paid in full before the next monthly bill is sent out, interest will be charged on the unpaid balance and continue until the bill is paid in full."
(b) Discontinuance of service.
(1)
In the event a customer has an unpaid balance on a water service
account for three months before the next bill is sent out to that
customer, the water service account is deemed delinquent. Once a water
service account is deemed delinquent, the Director of Finance shall
provide written notice to the most current billing address of the
customer, containing the following:
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"NOTICE OF INTENDED DISCONTINUANCE OF WATER SERVICE"
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"Your water service bill for the past three months up to and including the bill of ______________, 20_____ has not been paid in full. Therefore, pursuant to § 23-145 of the Ordinances of the City of Kirkwood, your water service will be discontinued if this bill is not paid in full or other arrangements are made with the Director of Finance within six calendar days from the date of this notice."
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(2)
If a customer of water service fails to pay the bill in full
or make other arrangements with the Director of Finance within the
aforementioned six-day notice period provided in this section, the
City's Water Department will forthwith discontinue water service to
that customer and the bill may be specially assessed against the real
property.
(c) At the time of the discontinuance and turn off of the water service to a consumer as set forth in Subsection
(b),
a final reading of the meter of such consumer shall be made, and that reading shall be certified by the Director of Finance. The Director of Finance shall determine the full amount due to the City for water consumed by the consumer up to the time of the discontinuance of the service, and shall apply any deposit on hand against the amount. If the deposit on hand shall exceed the total amount of the final bill for water service, the balance thereof shall be transmitted to the consumer. If the deposit on hand shall be insufficient to pay the full amount of the total billing, the Director of Finance shall render a final bill for the balance due to the consumer and also transfer the account to the City Attorney, designated collection firm for further action and collection. At the time of the transmission to the consumer of either a refund from an excess deposit or a final billing for an additional amount due over and above any deposit on hand, the Director of Finance shall set forth all pertinent details as to the amount of water consumed used to determine the final billing.
[Ord. No. 1959, § 25.01(b); Ord. No. 6248, § 2, 3-16-1978; Ord. No. 7127, § 1, 12-1-1983; Ord. No. 8742, § 2, 7-16-1998; Ord. No. 9073, § 2, 9-20-2001]
Before water service is provided, the applicant shall deposit
with the Director of Finance such sum as will, in the judgment of
the Director of Finance, cover the charge for the consumption of water
for three months, but not less than $20. If a customer has a period
of two years of continuous timely payments the security deposit for
a new account may be waived at the discretion of the Director of Finance
or designee. The sum so collected shall remain on deposit until water
services have been disconnected, or may be credited to a customer's
account after a period of two years of continuous timely payments,
or may be extended for additional years. In determining the amount
of deposit to be returned to the consumer, interest at the rate of
6% simple interest per annum shall be added thereto. Interest on deposits
held by the City as of March 31, 1978, shall commence to earn such
interest April 1, 1978. Sums deposited on or after April 1, 1978,
shall commence to earn interest from the first day of the month following
such deposit. Upon withdrawal of deposit, interest shall be earned
to the last day of the month preceding withdrawal. If any funds are
on deposit when the service is discontinued, the City shall apply
the deposit plus interest on any unpaid bill of the consumer and refund
the balance, if any, to the consumer. If the consumption for any quarter
exceeds the deposit, the Director of Finance may notify the consumer
to increase his deposit to any amount equal to the consumption of
water for the quarter, and if the consumer fails to make such additional
deposit within 10 days, the water shall be shut off.
[Ord. No. 8564, § 6, 11-21-1996; Ord. No. 8792, § 2, 2-18-1999; Ord. No. 9073, § 2, 9-20-2001]
The commencement of water service shall not occur to any premises
until the applicant and/or owner of the premises pays all delinquent
electric, water, sanitation, and/or any other amounts due and payable
to the City of Kirkwood.
[Gen. Ords. 1959, § 25.07; Ord.
No. 9073, § 2, 9-20-2001]
No person shall make any attachment or connection with the City
water mains without first having obtained a permit signed by the Director
of Public Services. No permit shall be issued except to a duly licensed
plumber. All applications for permits shall be upon blank forms furnished
by the Director of Finance and shall state the location of the premises
and the full name of the owner of the property. All taps shall be
made by the City, and the fee for the tap shall be as established
by the Director of Public Services and on file in his office.
[Gen. Ords. 1969, § 25.08; Ord.
No. 6125, § 1, 5-5-1977]
Two distinct premises or dwellings shall not be supplied from
the same tap on the City water main without the consent of the Council,
in which case a stopcock shall be located near the water main and
also a separate stopcock controlling the water supply to each premises
or house independently. However, in the event the distinct premises
or dwellings constitute units within a condominium structure, wherein
articles of condominium have been adopted providing for water service
from a common tap, such units within a single structure may be served
by a single tap.
[Gen. Ords. 1969, § 25.10]
Whenever any service pipe or attachment to same leading from
the City water main to any premises is out of repair, the Director
of Public Services shall notify the owner or his agent or the occupant
of the premises to repair the pipes, and if such repairs are not made
within 36 hours after receipt of such notice, the water shall be shut
off. If in the judgment of the Director of Public Services the interests
of the City demand it, he may shut off the water at once without notice.
Whenever the stopcock or box controlling the City water supply
to any premises is known to be broken, not in a serviceable condition,
not adjusted to established grade, or presents a hazardous condition,
the Director of Public Services may notify the owner or occupant of
the premises to repair or replace such stopcock or box, and on the
failure or refusal to do so, the repair or replacement may be performed
by the Water Department at the owner's expense, or the water may be
cut off.
Whenever the meter box, frame or cover is known to be broken,
not in a serviceable condition, not adjusted to established grade,
or presents a hazardous condition, the Director of Public Services
may notify the owner or occupant of the premises to repair or replace
such meter box, frame or cover, and on the failure or refusal to do
so, the water may be cut off.
[Ord. No. 7940, § 3, 2-1-1990]
Water meters and remote reading attachments that are damaged
or destroyed by conditions within the customer's control such as freezing,
hot-water damage, neglect, misuse or abuse shall be repaired or replaced
at the customer's expense. Rates for repairs and replacement shall
be established by the Director of Public Services.
[Ord. No. 7940, § 4, 2-1-1990]
Whenever a meter is known to be inaccessible for purposes of
reading or maintenance, and the cause is within the customer's control,
the Director of Public Services shall notify the owner or occupant
of the premises to make the meter accessible, and on the failure or
refusal to do so, the water shall be cut off.
[Gen. Ords. 1959, § 25.12; Ord.
No. 4676, § 3, 2-16-1961; Ord. No. 7940, § 5, 2-1-1990]
Unless the City provides meters, each customer of water shall,
at their own expense, before using any water supply through the City
mains, have installed a meter of a type approved by the Director of
Public Services.
[Ord. No. 7940, § 6, 2-1-1990]
Meters shall be installed in service pipes by the use of meter
couplings of a type approved by the Director of Public Services. Whenever
a meter is found to have been installed without approved couplings,
the Director of Public Services shall notify the owner or occupant
of the premises to have installed such couplings, and on the failure
or refusal to do so, the water shall be cut off.
[Gen. Ords. 1959, § 25.14; Ord.
No. 7940, § 7, 2-1-1990]
Whenever the shutting off of the water from any attachment cannot
be accomplished or maintained in the ordinary manner, the Director
of Public Services shall cause the tap to be withdrawn, or cut off
the attachment from the main pipe, or correct the condition, and reconnection
shall not be made without a written permit and payment of all costs
by the consumer.
[Gen. Ords. 1959, § 25.15; Ord.
No. 7812, § 2,10-20-1988]
(a) Generally. The City reserves the right to shut off the City water
supply at any time in the mains for the purpose of repairing, cleaning,
making connections with or extensions to same, or for the purpose
of concentrating water in any part of the City in case of fire and
of restricting the use of water in case of deficiency in the supply.
(b) Procedure during water supply emergency; water alert levels. In the
event of declaration of a water supply emergency, the following shall
occur:
(1)
Available and reasonable means shall be used to inform consumers
affected by the emergency that one of the following restrictions shall
apply:
Level I. Nonessential use of water shall be prohibited and limited
regulated outdoor watering shall apply; or
Level II. Outdoor water usage shall be prohibited.
(2)
The Chief of Police or his designee, upon witnessing a violation of either a level I or level II water alert, shall issue a written warning to the consumer. This warning shall inform the consumer that continued nonessential or outdoor usage of water shall cause the consumer to be subject to a fine and disconnection as provided for in §
1-8 of the Code of Ordinances.
[Ord. No. 7812, § 3, 10-20-1988]
Level I water alert. Only the use of water for the following:
personal hygiene, cooking, dishwashing, clothes washing, and consumption
by persons and animals, and outdoor watering subject to the following
regulation:
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Homes with a street address ending with an even number may use
water for outdoor purposes on even-numbered dates.
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Homes with a street address ending with an odd number may use
water for outdoor purposes on odd-numbered dates.
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Level II water alert. Only the use of water for the following:
personal hygiene, cooking, dishwashing, clothes washing, and consumption
by persons and animals shall be allowed.
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[Gen. Ords. 1959, § 25.16; Ord.
No. 7940, § 8, 2-1-1990]
Connections with the City water mains and the use of water is
permitted upon the express understanding that the City shall not be
liable for any damages or injuries by reason of the breaking or failure
of any service pipe or cock, meter, water main, pipeline, hydrant
or any appurtenance to the water system, or for shutting off the water
for any purpose, or for a diminished, partial or total failure of
the water supply, piping or appurtenances.
[Ord. No. 7940, § 10, 2-1-1990]
Use of water through fire hydrants shall be allowed only with
the express permission of the Director of Public Services and only
for specific purposes. Permit rules, regulations and fees shall be
established by the Director of Public Services.
[Gen. Ords. 1959, § 25.18; Ord.
No. 7905, § 5, 8-17-1989; Ord. No. 8587, § 1, 2-20-1997; Ord. No. 9073, § 2, 9-20-2001]
The City shall have the right, through its duly authorized officers
or agents, to freely enter at all reasonable hours any premises when
it may be necessary to ascertain the reading of meters, the location
or condition of a water pipe or other fixture attached to the City
water system, or to shut off or let in water from or to any pipe or
other attachment, or for any other purpose that may be deemed essential
for the protection of the interests of the City in the water system.
Further, the City must be given access to inside water meters at least
once each calendar year or the customer must have installed a remote
reader at the customer's expense. If the water meter for any given
customer is estimated for 12 consecutive months because of no access
to the inside meter, the customer shall be notified that within 90
days an actual water meter reading must be taken by the City or a
remote reader installed at the customer's expense. If neither occurs
within the ninety-day notice period provided in this section, the
customer shall be notified that water service will be discontinued
within six days from the date of the notice unless an actual reading
is taken or a remote reader is installed.
[Gen. Ords. 1959, § 25.19; Ord.
No. 7940, § 11, 2-1-1990]
No water main shall be laid that is less than six inches in
diameter.
[Gen. Ords. 1959, § 25.20; Ord.
No. 7940, § 12, 2-1-1990]
All water mains, service pipes, meters and appurtenances to
the water system shall be laid by methods prescribed by the Director
of Public Services. The type of materials used for water mains, service
pipes, meters and appurtenances to the water system shall be prescribed
by the Director of Public Services.
[Gen. Ords. 1959, § 25.13; Ord.
No. 4676, § 5, 2-16-1961; Ord. No. 5552, § 1, 11-16-1972; Ord. No. 7905, § 6, 8-17-1989; Ord. No. 9073, 9-20-2001; Ord. No. 9259, § 1, 6-19-2003; Ord. No. 9430, § 6, 10-7-2004]
(a) The City reserves the right to shut off the supply of water to any
consumer at any location for a violation of any of the rules and regulations
of the City relating to the water system.
(b) The Director of Finance shall give notice in writing to the customer
by United States mail, postage prepaid, to the billing address of
such customer, as shown on the application originally made for water
service or on any amendment to such application as to mailing address
or if no such mailing address is set forth, to the address of the
premises where the water was consumed, which notice shall set forth
the violation of the rule or regulation or rules and regulations complained
of, and if within five days of the date of said notice such violation
has not ceased, the Director of Finance shall certify such fact to
the Director of Public Services, or to the person acting in the capacity
of the Director of Public Services if there be none, and the Water
Department shall forthwith discontinue and shut off the water service
to such customer.
(c) A failure on the part of the customer to actually receive the notice as set forth in Subsection
(b) shall not be an excuse, reason or justification for the failure to correct the violation or violations nor shall it prevent the discontinuance and shutting off of the water service to such customer.
(d) After water service has been discontinued and shut off as provided
in this section, it shall not be renewed or resumed until all bills
from water service due and owing to the City have been paid, the deposit
for service required by this division has been made, and the actual
cost of the discontinuance and shutting off the service, not to exceed
$50, for the reconnections during normal working hours, shall have
been paid.
[Ord. No. 7940, § 13, 2-1-1990; Ord. No. 8789, § 1, 2-4-1999]
(a) Customer's responsibilities regarding unprotected cross-connections.
No customer shall cause or allow the construction or maintenance of,
or use or allow the use of an unprotected cross-connection.
(b) Class I backflow hazards. Those facilities classified as actual or
potential Class I backflow hazards by the Missouri Department of Natural
Resources, the Building Commissioner or the Director of Public Services
shall be equipped with an air gap separation or reduced pressure principle
backflow prevention assembly. The following facilities are classified
as Class I backflow hazards:
(1)
Aircraft and missile manufacturing plants.
(2)
Plants manufacturing vehicles, and construction and agricultural
equipment.
(3)
Potable water dispensing stations.
(4)
Beverage bottling plants, dairies, and breweries.
(5)
Canneries, packing houses, and reduction plants.
(7)
Chemical, biological and radiological laboratories, including
those in educational and research institutions.
(8)
Hospitals, clinics, medical buildings, autopsy facilities, morgues,
mortuaries, and other medical facilities.
(9)
Metal or plastic manufacturing, fabrications, cleaning, plating
or processing facilities.
(10)
Plants manufacturing paper and paper products.
(11)
Plants manufacturing, refining, compounding or processing fertilizer,
film, herbicides, natural or synthetic rubber, pesticides, petroleum
or petroleum products, pharmaceuticals, radiological materials or
any chemical which would be a contaminant to the public water system.
(12)
Commercial facilities that use herbicides, pesticides, fertilizers
or any chemical which would be a contaminant to the public water system.
(13)
Plants processing, blending or refining animal, vegetable or
mineral oils.
(14)
Commercial laundries and dye works.
(15)
Sewage, stormwater and industrial waste treatment plants and
pumping stations.
(16)
Waterfront facilities, including piers, docks, marinas and shipyards.
(17)
Industrial facilities which recycle water.
(18)
Restricted or classified facilities or other facilities closed
to the supplier of water or the Missouri Department of Natural Resources.
(19)
Fire sprinkler systems using any chemical additives.
(22)
Portable tanks for transporting water taken from a public water
system.
(23)
Facilities which have pumped or repressurized cooling or heating
systems that are served by a public water system, including all boiler
systems.
(c) Class II backflow hazards. Those facilities classified as actual
or potential Class II backflow hazards shall be equipped with a double-check
valve assembly. The following facilities are classified as Class II
backflow hazards:
(1)
Tanks to store water from the public water system for firefighting
only.
(2)
Fire sprinkler systems not using chemical additives.
(3)
Cross-connections that could permit introduction of contaminants
into the public or customer water system and thereby create a nuisance,
be aesthetically objectionable or cause minor damage to the public
water system or its appurtenances.
(d) Authority of the Director of Public Services or the Department of
Natural Resources to designate backflow hazards. Facilities not designated
a backflow hazard by ordinance may be designated a backflow hazard
by the Director of Public Services or the Department of Natural Resources.
(e) Standards of construction and installation.
(1)
The discharge pipe of an air gap shall terminate a minimum of
two pipe diameters of the discharge pipe above the flood level rim
of the receiving vessel; in no case shall the distance be less than
one inch.
(2)
Only those models of backflow prevention devices which are on
the approved list maintained by the Department of Natural Resources
are acceptable.
(3)
Standards of installation of backflow prevention devices shall
be established by the Missouri Department of Natural Resources, the
Building Commissioner, and the Director of Public Services.
(4)
Reduced pressure principle devices shall be installed with no
plug or additional piping affixed to the pressure differential relief
valve port. The relief valve port shall be a minimum of 12 inches
above the floor level, and shall be positioned to allow leakage to
be easily noticed.
(5)
Whenever possible, backflow prevention assemblies shall be installed
in the customer's water service pipe immediately inside the wall where
the pipe enters the building.
(6)
Bypass piping around a backflow prevention assembly, if installed,
shall be equipped with an identical assembly.
(7)
Standards of installation shall be at least as stringent as
the Department of Natural Resources regulation 10 CSR 60-11.010.
(8)
The customer shall have each assembly inspected and tested by
a certified backflow prevention assembly tester at the time of construction
or installation and each year thereafter, no later than 30 days past
the anniversary of the original inspection test date.
(9)
Inspection and tests shall comply with requirements of Department
of Natural Resources regulation 10 CSR 60-11.010.
(10)
Backflow prevention assembly testers shall be certified through
a Department of Natural Resources-approved program and be listed with
the Department.
(11)
Testers shall report to the supplier of water and the customer
the results of inspections or tests conducted in compliance with state
regulation 10 CSR 60-11.010. Reports of tests shall contain the signature
of the certified tester, attesting to the compliance of the assembly
with established operational requirements. Reports shall be submitted
within 30 days after performing the inspection or test together with
a fee as set by the Council by resolution from time to time, which
shall cover the processing of such reports.
(f) Violation; penalty. A violation of any part of this section shall
cause the customer's water supply to be disconnected by the Water
Department.
[Gen. Ords. 1959, § 25.03; Ord.
No. 7905, § 7, 8-17-1989; Ord. No. 9073, § 2, 9-20-2001]
Bills for the use of water from the City Water Department shall
be made out by the Director of Finance from the records of the latest
inspections of water meters. The amounts charged to each customer
shall conform to the rates established by this division. Water meters
will be reinspected for the correction of bills on request of the
customer; however, the bill shall be returned and the request shall
be made not later than five days after the bill becomes due. Failure
to receive bills shall not entitle customer to any extension of time
for reinspection. When the reinspection shows that an overcharge has
been made on the original bill, the Director of Finance shall certify
the amount of the overcharge and he shall thereupon refund the amount
of the overcharge to the customer. If the City is unable to record
an actual reading of water service provided for any given service
period, the quantity for billing will be estimated based on prior
usage. Estimated bills will be identified as such.
[Ord. No. 9073, § 2, 9-20-2001]
(a) Bills for the use of water shall in general be made up for the period
of 30 or 31 days, except that bills for shorter periods may be rendered
in those cases where the Director of Finance deems it essential for
the protection of the City, or where the use of water for a specified
purpose is restricted to a definite period of time less than the regular
period.
(b) It shall be the duty of the Director of Finance to divide the City
into as many districts and subdistricts as he may deem necessary.
The boundaries of the districts and subdistricts may be changed at
the discretion of the Director of Finance.
(c) All bills for the use of water on premises within any district or
subdistrict shall be made payable on any weekday of the calendar month
designated by the Director of Finance.
[Ord. No. 8564, § 7, 11-21-1996; Ord. No. 8588, § 1, 2-20-1997; Ord. No. 9073, § 2, 9-20-2001]
(a) Interest charge. In the event a water service bill is not paid in
full within 21 days from the bill date, interest at the rate of 1 1/2%
will be charged on the unpaid balance as of the cash cut-off date
of the new bill, including the gross receipts tax amount and continue
to be charged each month thereafter until all overdue amounts are
paid in full. A fee as set by the Council by resolution from time
to time is charged to the customer on any check returned for insufficient
funds.
(b) Discontinuance of service and placement of lien.
(1)
In the event a customer has an unpaid balance on a water service
account for three months before the next bill is sent out to that
customer, the water service account is deemed delinquent. Once a water
service account is deemed delinquent, the Director of Finance shall
provide written notice to the most current billing address of the
customer, containing the following:
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"NOTICE OF INTENDED DISCONTINUANCE OF WATER SERVICE
AND PLACEMENT OF LIEN UPON REAL PROPERTY"
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"Your water service bill for the past three months up to and including the bill of _____________, 20_____ has not been paid in full. Therefore, pursuant to § 23-145 of the Ordinances of the City of Kirkwood, your water service will be discontinued if this bill is not paid in full or other arrangements are made with the Director of Finance within six calendar days from the date of this notice. In addition, a lien may be placed upon your real property in the amount of the unpaid balance."
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(2)
If a customer of water service fails to pay the bill in full
or make other arrangements with the Director of Finance within the
aforementioned six-day notice period provided in this section, the
City's Water Department will forthwith discontinue water service to
that customer and the bill may be specially assessed against the real
property and become a lien thereon placed on the tax roll.
(3)
If a customer is notified of a delinquent water service account,
that customer, prior to the expiration of the six-day notice period
provided in this section, can request the Director of Finance to consider
an installment payment plan to allow the customer to make partial
payments, over a specific period of time, of the overdue account.
Along with these partial payments as determined by the Director of
Finance, the customer must pay in full each succeeding quarterly water
service bill.
(4)
The Director of Finance may, in his/her discretion, consider
account history and/or general credit history of the customer in determining
whether to allow an installment (payment) plan and, if so, the parameters
of that plan.
(c) At the time of the discontinuance and turn off of the water service to a consumer as set forth in Subsection
(b),
a final reading of the meter of such consumer shall be made, and that reading shall be certified by the Director of Finance. The Director of Finance shall determine the full amount due to the City for water consumed by the consumer up to the time of the discontinuance of the service, and shall apply any deposit on hand against the amount. If the deposit on hand shall exceed the total amount of the final bill for water service, the balance thereof shall be transmitted to the consumer. If the deposit on hand shall be insufficient to pay the full amount of the total billing, the Director of Finance shall render a final bill for the balance due to the consumer and also transfer the account to the City Attorney, designated collection firm for further action and collection and/or the county to be added to the property as a lien. At the time of the transmission to the consumer of either a refund from an excess deposit or a final billing for an additional amount due over and above any deposit on hand, the Director of Finance shall set forth all pertinent details as to the amount of water consumed used to determine the final billing.
(d) The failure on the part of the consumer to receive the notice as set forth in Subsection
(b) shall be no reason, excuse or justification for the failure to pay the bill as required or to prevent the discontinuance and turn off of water service as hereinbefore set forth.
(e) When any water service of a consumer has been discontinued as provided
in this section, it shall not be resumed for such consumer at the
same or any other address until all unpaid bills shall have been paid
and the actual cost of the discontinuance and turnoff of the service
not exceeding $30 for reconnections during normal working hours or
the actual cost after normal working hours shall have been paid.
[Ord. No. 8712, § 1, 4-2-1998]
The Director of Public Services shall be authorized to adjust
water bills in the event of abnormally high water bills caused by
unexplainable or other reasons. Adjustments of this nature shall be
made at the discretion of the Director of Public Services based upon
a written policy adopted by the Department. Said policy shall be placed
on file with the City Clerk.