[Ord. No. 1120-14 § 1, 4-14-2014]
This Article has 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 (USDA), 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 this Article
shall be effective on the date such amendment or change is passed
by the Owner, as herein provided, or on such other date as the Owner
may, by resolution, designate. Such amendment or change shall be ineffective
only if not approved by the 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 this Article shall be declared
invalid by competent authority, such invalidity shall not effect the
validity of the remaining portion.
[Ord. No. 1120-14 § 2, 4-14-2014]
The following expressions, words
and terms when used herein shall have the meaning stated below:
APPLICANT
Any individual, firm, partnership, corporation, the Federal
or State Government, or any unit, agency, political corporation or
subdivision of either the Federal or State Government, or other agency
applying for a water user's agreement.
LANDOWNER
Any person owning property served by the water system of
the Owner or who has a leasehold interest therein with more than a
year to run. The term "landowner" shall also include life tenants,
but the Owner may at its discretion require remaindermen to enter
into any agreement required with the property owner under this Article,
and the remaindermen shall be bound by this Article in all respects.
OWNER
City of Gallatin, Missouri.
POINT OF DELIVERY
The point of delivery shall be at the meter, unless otherwise
specified in the water user's agreement or in any other agreement
where it shall be mentioned.
SERVICE
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 this Article. Service shall be considered as
available when the Owner maintains the water supply at a minimum of
20 psi pressure at the point of delivery with the service line static,
in readiness for the water user's use, regardless of whether the water
user makes use of it.
STATE DIRECTOR
The State Director of the USDA, Rural Development for Missouri,
or his/her successor.
USER
Any individual, firm, partnership, corporation, the Federal
or State Government, or any unit, agency, political corporation or
subdivision of either the Federal or State Government, or other agency
receiving water and waste services, or to whom water services are
made available from the Owner's facilities pursuant to a written water
user's agreement.
WATER SERVICE
A water service shall consist of facilities for supplying
water to one (1) residence or business establishment located on land
within the jurisdiction of the Owner.
WATER USER'S AGREEMENT
The written contract between the water user and the Owner,
pursuant to which water service is supplied or made available.
[Ord. No. 1120-14 § 3, 4-14-2014]
A. Rate schedules for water and water service
are fixed by the Owner. The rate schedule is subject to change by
action of the Owner, with the approval of the State Director of the
USDA, Rural Development, so long as the Owner has unpaid obligations
which are held or insured by the United States of America. If a provision
of this Article conflicts with the provision of the rate schedule,
the provision of the rate schedule shall prevail. If the total amount
of revenue and income derived from the collection of the water rates
is insufficient to meet the payment of the costs of operation, maintenance,
depreciation, necessary extensions and enlargements and payment of
the principal and interest on any general and special obligation bonds,
then outstanding, with their attendant obligations pursuant to the
terms of the bonds and the authorizing resolutions, the Owner shall
increase the water rates for the first month thereafter in an amount
sufficient to meet these costs and obligations.
B. The Owner may require, at its discretion,
for meters to be read by the water users and readings reported to
the Owner.
[Ord. No. 1120-14 § 4, 4-14-2014]
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. 1120-14 § 5, 4-14-2014]
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 (1) 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 and the rules for a multiple-unit
dwelling as set forth in this Article shall be applied to determine
the rate for such farm containing two (2) residences.
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 this Article 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 this Article.
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 for 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 to 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 the three-fourths (3/4) inch in size and the Owner
will also install and pay for the Owner's main connection, meter and
meter setting. The meter will be set at the point on the water user's
premises designated by the Owner. The charge for services to be made
by the Owner shall be that amount specified in this Article, or as
otherwise 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 as 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.
1.
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.
2.
No other 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 this Article, and such prohibited
connection shall be removed forthwith in a manner acceptable to the
Owner and the duly constituted public health officials.
3.
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.
4.
When used in this Article, the following
words and phrases shall have the meaning herein provided:
CROSS-CONNECTION
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.
INTERCONNECTION
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 they conveyance of potable water.
5.
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 Subsection.
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
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
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.
The 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 this
Article.
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. 1150-15 § 1, 12-15-2015]
A. Water service lines to previously unserved
properties or to properties previously served by inadequate or non-City-owned
service line within the City limits shall be installed by the department
upon application and only after all requirements for water main extension
and payment have been met. The required fees for connection and meter
installation, where applicable, shall be paid at the time of application.
The City may require payment in cash.
B. Connect fees to the City water system are
as follows (applies to all customer connections):
1.
Three-fourths (3/4) inch: five hundred
dollars ($500.00) plus cost of materials.
2.
For pipe size one (1) inch or larger,
the fee shall be the actual cost of labor, equipment and material,
including the meter box and the meter.
3.
The customer may provide and install,
to department specifications, the meter box for meters having inlet
and outlet openings larger than two (2) inches in diameter.
4.
An additional charge equal to the
actual cost of such work shall be made for cutting and repairing sidewalk
and streets.
C. The department may, at the option of the
director, install water service lines to vacant and previously unserved
properties prior to receiving application for such service line; provided,
however, that service lines so installed shall not be used for the
purpose of providing service to a customer until after such customer
has made formal application and paid the connection fee for such service.
[Ord. No. 1120-14 § 6, 4-14-2014]
A. Private fire hydrants may be installed
by a written agreement with the Owner, provided that the Owner shall
take into account all possible costs to the Owner and charge an equitable
price therefor, all cost factors considered. Public fire hydrants
may be installed by special agreement with the State, a municipality,
political subdivision or political corporation and the Owner shall
take into consideration the same factors when entering such a contract.
B. In the event that the Owner undertakes
to furnish fire hydrants as a part of the service to the water users
of the Owner, then all water users of the Owner shall be furnished
with substantially the same degree of benefit from such hydrants,
and in the event that this is impossible, then those receiving a higher
degree of benefit shall pay an additional charge above the rates for
water herein provided for, which shall be for such additional benefit.
Such rates shall be equitable to all water users and shall depend
upon cost studies made by the Owner's employees or consultants.
[Ord. No. 1120-14 § 7, 4-14-2014]
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 this
Article, 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 Water
Works 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 owner or occupant (the "water user") shall be responsible for any damage to the meter, remotes, and meter wells, (the "City property") installed for the water service for any cause other than normal wear and tear or damage by the elements. In the event of damage to the City property caused by the user, or the user's employees, agents, contractors, or invitees, then the user shall promptly pay the City for such damage, and in the event the water user does not pay the City for such damage within fifteen (15) days of the date of the invoice by the City, then, in addition to any other remedy of the City, the City will add the cost for such damage to the bill of the water user and the cost for the damage will be due with the next such bill unless the water user makes arrangements for installment payments with the City. Failure to pay for such damage added to the bill will subject to all billing procedures in Section
700.110 of the City Code.
[Ord. No. 1292-22, 9-26-2022]
[Ord. No. 1120-14 § 8, 4-14-2014]
A. Bills will be rendered for service by the
first day of the month 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 10th 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 by the 20th
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 landowner 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 this Article, 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 by 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 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, bimonthly
or quarterly basis as the Owner may provide and direct in its actions
establishing a rate schedule.
[Ord. No. 1120-14 § 9, 4-14-2014]
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 this Article.
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 fifty dollars ($50.00).
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 this Article, the Owner will not discontinue the service of any
water user for violation of any provision of this Article 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 provision 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 this Article, the rate
schedule of the Owner.
6.
In case of vacancy of the premises.
7.
For violation of any provision of
this Article.
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 this Article.
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. 1120-14 § 10, 4-14-2014]
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 this Article. Such contracts must
receive written approval by the State Director before being placed
in effect.
[Ord. No. 1120-14 § 11, 4-14-2014]
In making a future connection to
an applicant for water service after the completion of the original
water system of the Owner, the Owner shall charge a fee at least equal
to the cost to the Owner for said connection and such fee may be adjusted,
taking into consideration the average cost for the entire system to
each water user, at the discretion of the Owner, but said fee shall
in no event be less than three hundred dollars ($300.00).
[Ord. No. 1120-14 § 12, 4-14-2014]
A. Extensions of water mains and lines shall
be made by the Owner upon written application on a form approved by
the Owner. If said application is approved, the main or line shall
be extended, provided that:
1.
The 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 or 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
therefor, 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 effect 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.
B. 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.
C. Upon satisfactory completion and testing,
the improvements shall be dedicated, free and clear of all encumbrances,
to the Owner.
D. 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. 1120-14 § 13, 4-14-2014]
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, fourplexes,
apartments 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 amount
of water was used for such billing period by an individual user, and
each water user in such unit shall pay the water rates as set forth
in the rate schedule resolution of the Owner for such water user's
proportionate share of the water as though such water user were an
individual user in a one-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. 1120-14 § 14, 4-14-2014]
A. In the event that a trailer court, also
known as a mobile home court, desires service, 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 this Article.
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. 1120-14 § 15, 4-14-2014]
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. 1120-14 § 16, 4-14-2014]
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 fluctuations 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. 1120-14 § 17, 4-14-2014]
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 this Article 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,
garden and other purposes and the Owner must first satisfy all the
needs of the water users for domestic purposes before supplying any
water for livestock purposes and must satisfy the needs of all the
water users for domestic and livestock purposes before supplying water
for other purposes.
[Ord. No. 1120-14 § 18, 4-14-2014]
This Article may be amended at any
regular meeting of the Owner or at any special meeting thereof called
for such purpose.