[Ord. No. 2004.3, 11-15-2004]
For purposes of this Article, the following terms shall have
the meanings indicated:
The City of Russellville, Missouri, acting through its officers,
managers, or other duly authorized employees, agents, or independent
contractors.
Any actual or potential connection or structural arrangement
between a public water system and any other source or system through
which it is possible to introduce into any part of the public water
system any used water, industrial fluid, gas or substance other than
the intended potable water with which the system is supplied. By-pass
arrangements, jumper connections, removable sections, swivel or change-over
devices and any other temporary or permanent devices through which,
or because of which, backflow can or may occur are considered cross-connections.
Any person, firm, corporation or governmental body which
has contracted with the City for water service or is lawfully receiving
or using service from the City, or whose facilities are lawfully connected
for utilizing such service.
A pipe with appurtenances installed, owned and maintained
by the customer, used to conduct water to the customer's unit from
the property line or outdoor meter setting. If the property line is
in a street, then the said customer's water service line shall be
deemed to begin at the edge of the street abutting the customer's
property.
The date of the permit for installation and connection issued
by the City. In the event no permit is taken and a connection is made,
the date of connection may be the date of commencement of construction
of the building upon the property.
Any person, firm, corporation, partnership or other entity
that, directly or indirectly, holds title to, or sells or leases,
or offers to sell or lease, or advertises for sale or lease, any lots
in a subdivision.
A pipeline which is owned and maintained by the City, located
on public property or private easement, and used to transport water
from a water treatment plant, source, or water storage facility.
Includes the meter box, meter yoke, meter, and appurtenances,
all of which shall be owned and maintained by the City.
Any individual, firm, company, association, society, corporation,
or group.
The pipeline connecting the main to the customer's water
service line at the property line or outdoor meter setting, including
all necessary appurtenances. This service connection shall be installed,
owned and maintained by the City. If the property line is in a street,
the said service connection shall be deemed to end at the edge of
the street abutting the customer's property.
Any land in this state which is divided or proposed to be
divided into two (2) or more lots or other divisions of land, whether
contiguous or not, or uniform in site or not, for the purpose of sale
or lease, and includes resubdivision thereof.
The Superintendent of Water Works, an office which is hereby
created. The Superintendent shall be the City representative responsible
and in charge of the of the operation and maintenance of the public
water supply serving the City.
Shall be used herein to define the standard user or property
served and shall pertain to any building whether residential or commercial,
owned or leased. Mobile homes or separate rental units in a multi-family
structure are considered as separate units. "Unit" may also include
in the appropriate context the lot or pad leased to the owner of a
mobile or modular home.
All piping, conduits, valves, hydrants, storage facilities,
pumps and other appurtenances, excluding service connections, which
serve to deliver water from a water treatment plant or source to the
public.
A water volume measuring and recording device, furnished
and/or installed by the City or furnished and/or installed by a user
and approved by the City. Each individual service connection shall
have a water meter.
A facility which uses specific processes such as sedimentation,
coagulation, infiltration, disinfection, aeration, oxidation, ion
exchange, fluoridation, or other processes which serve to add components
or to alter or remove contaminants from a water supply source.
[Ord. No. 2004.3, 11-15-2004]
A.
Connection To System Required. The owner of all houses, buildings,
or properties used for human employment, recreation, residence or
other purposes, situated within the City and abutting on any street,
alley, or right-of-way in which there is located, or may be located
in the future, a public water system within one hundred (100) feet
of the owner's property line, is hereby required to connect to such
facilities when they become available in accordance with the provisions
of this Article, within sixty (60) days after the date of a connection
notice issued by the City.
B.
Costs And Expenses. All costs and expenses for the installation of
the service line and connection to the public water system shall be
the sole and exclusive obligation of the owner. The owner shall indemnify
the City for any loss or damage it may suffer or incur as a consequence
of any act or failure to act by the owner, or persons acting on the
owner's behalf in the installation of the service line and connection
to the public water system.
C.
Separate Service Connection Required. A separate and independent
service connection shall be provided for every unit.
D.
Inspection. The applicant for a public water system connection permit
shall notify the Superintendent when the service line is ready for
inspection and connection to the water system. The connection shall
be made under the supervision of the Superintendent.
E.
Excavations. Any person intending to excavate in or near easements
or public rights of way in which water mains or other water systems
are located shall first notify the City in advance of excavation.
All excavations affecting the City's underground water system lines
or facilities shall be performed with the highest degree of care and
shall be adequately guarded with barricades and warning lights or
devices. Any streets, sidewalks, parkway, or other property disturbed
in the course of the work shall be restored to its original condition.
F.
Disconnection From Private Wells. Persons who disconnect from existing
private systems in order to connect to the City's water system must
comply with applicable standards, rules or regulations governing cross-connection
prevention. Unless the owner intends to use a well for purposes other
than drinking water, it shall be plugged in accordance with guidelines
established by the Missouri Department of Natural Resources Division
of Geology and Land Survey (DGLS) and outlined in 10 CSR 23-3.110,
its amendments and successor provisions. All privately owned wells
in the City shall be disconnected from the public water distribution
system. Any privately owned well that is neglected or improperly operated
or maintained is hereby declared a public nuisance.
G.
Missouri Department Of Natural Resources To Be Notified. In accordance
with applicable statutes, rules or regulations, the City and owners
or other persons shall notify State agencies with jurisdiction of
any connections to the public water system made pursuant to this Article.
H.
Prohibited Acts And Vandalism. No person shall uncover, make any
connections to or openings into, use, modify, alter, damage, destroy,
deface, or tamper with any main, structure, appurtenance, or equipment
which is connected to or part of the water distribution system without
first obtaining permission or authority from the City or the Superintendent.
I.
License To Enter Private Property. The Superintendent and any duly
authorized officer or employee of the City shall have the authority
to enter upon private property for the purpose of enforcing this Article.
J.
Notice Of Violations. The Superintendent shall issue to any person
who violates the provisions of this Article a notice of violation
setting forth the nature of the violation and providing a reasonable
time within which to achieve compliance. Any person who shall fail
to comply with the notice of violation shall be deemed guilty of an
ordinance violation. This Section shall not be construed to require
the Superintendent to issue notices of violations to persons suspected
of unlawfully tampering with, damaging or vandalizing the water system.
K.
Recovery Of Damages. Any person who violates this Article shall be
liable to the City for all expenses, losses, or damages suffered or
incurred by the City as a result of the violation, and in addition
to all other remedies provided by this Article or by law, the City
may institute suit against the violator for collection thereof.
L.
Customer Bound To Ordinance. Every customer, upon signing an application
for any water service rendered by the City, or upon taking of service,
shall be considered to have agreed to the City's rates, rules and
regulations as set out in this Article and any amendments made thereto.
M.
Rules And Rates. The City's rules and regulations governing rendering
of service are set forth in this Article. The rates applicable to
water service are set forth in separate ordinances but such ordinances
shall constitute part of this Article to the extent applicable.
N.
Additional Rules And New Rates. The City reserves the right to prescribe
additional rates, rules or regulations, or to alter existing rates,
rules or regulations as it may from time to time deem necessary and
proper.
O.
Application To New Construction. After the effective date of these
rules and regulations, all new facilities, construction contracts,
and written agreements shall conform to these rules and regulations
in accordance with the statutes of the State of Missouri. Pre-existing
facilities that do not comply with applicable rules and regulations
may remain, provided that their existence does not constitute a service
problem or improper use, and reconstruction is not practical.
P.
Restrictions On Employees. Employees or agents of the City are expressly
forbidden to demand or accept any compensation for any services rendered
to its customers except as set forth in this Article.
Q.
Authority Of City Employees. No employee or agent of the City shall
have the right or authority to bind it by any promise, agreement or
representation contrary to the intent of these rules and regulations.
[Ord. No. 2004.3, 11-15-2004]
A.
Written Applications. A written application for service, signed by
the customer, stating the type of service required and accompanied
by any other pertinent information, will be required from each customer
before service is provided to any unit.
B.
Classes Of Service. There shall be two (2) classes of water system
connection permits: (A) for residential and commercial service, and
(B) industrial service. In either case, the owner or the owner's agent
shall make application on a form furnished by the City. The application
shall be supplemented by any plans, specifications, or other information
considered pertinent in the judgment of the Superintendent.
C.
Unserved Area. If service is requested at a point not already served by a main of adequate capacity, a main of adequate size may be extended by the City in accordance with Section 700.140.
D.
Special Agreements. When, in order to provide the service requested,
a main extension or other unusual construction or piece of equipment
is required, the City may require a special contract for service.
Said contract shall specify a reasonable period of time necessary
to provide such service.
E.
Connection Charges. Applications for new connections shall be accompanied
by the appropriate connection charge. The connection charge is due
and must be paid in advance of the actual connection, and the City
shall be entitled to at least twenty-four (24) hours' notice for meter
installation and service line inspection.
[Ord. No. 2004.3, 11-15-2004]
A.
Delivery Of Service. The City will provide the customer water service
at the outdoor meter, or at the property line. Separate buildings
shall be served through separate service lines, except where, in the
City's judgment, a group of buildings or service outlets owned by
one (1) party may be served by one (1) water meter.
B.
Line Ownership And Maintenance. The service connection from the water
main to the customer's property line, the meter installation and the
meter setting shall be installed, owned and maintained by the City.
Service line installation and maintenance from the property line or
meter setting to the building shall be the responsibility of the customer,
and is subject to inspection by the City. Customers shall be responsible
for the cost of repairing any damage to the City's lines, meters,
and meter installations caused by the customer or his agents, employees,
tenants, or contractors.
C.
Use Of Existing Water Service Lines. Existing water service lines
may be used in connecting with new buildings only when they are found
on examination and test not to constitute a hazard to the health and
safety of other customers or the City's facilities.
D.
Depth Of Lines; Valves. The customer's water service lines shall
be brought to the unit at a depth of no less than thirty-six (36)
inches and, upon entering the building, shall be valved. This valve
must be kept in good repair in order to shut off the water supply
and drain the inside plumbing, if necessary.
E.
Materials. The customer's water service lines and inside piping shall
be of material conforming to recognized standards for potable water
service and shall have a pressure rating of at least one hundred sixty
(160) psi working pressure and have a minimum inside diameter of three-fourths
(3/4) of an inch.
F.
Vacant Lots. The City will not install a service connection to a
vacant lot.
G.
Change In Location. Any change in the location of an existing service
connection requested by the customer shall be made at his or her expense.
H.
City Right Of Entry. The City shall have the right to enter the customer's
premises for purposes of inspection to ensure compliance with these
rules and regulations. The City's representatives shall identity themselves
with appropriate credentials and make these inspections only at reasonable
hours, except in case of an emergency.
I.
Location Of Customer Water Service Lines. Neither customer's water
service lines nor the service connection may be extended along public
streets or roadways or through property of others, in connecting with
the City's mains, except where the service connection is in the water
main easement in order to be connected to the main. The service connection
and service line must be laid in a straight line and at right angles
to the main and the face of the structure or as nearly so as possible.
Any deviation from this because of physical obstruction will be at
the discretion of the City.
J.
Backflow Prevention Devices Required; When. Any customer that has
a plumbing arrangement, or a water-using device that could allow back
siphonage of any chemical, petroleum, process water, water from a
questionable supply, or other substance that could create a health
hazard or damage to the water system shall be required to install
and maintain a backflow prevention device. This rule may also apply
to customers on whose premises it is impossible or impractical for
the company to perform a cross-connection survey. The device, installation,
location, and maintenance program shall be approved by the City.
[Ord. No. 2004.3, 11-15-2004]
A.
Wasting Water Prohibited. No person shall be wasteful of the water
supplied to his premises by his willful action or inaction. It shall
be the responsibility and duty of each customer to maintain all piping
and fixtures at his/her unit in a good and efficient state of repair
at all times.
B.
Cross-Connection. No person shall make or cause to be made a cross-connection
between the potable water supply and any source of chemical or bacterial
contamination or any water supply not approved by the Missouri Department
of Natural Resources. The City shall deny or discontinue service where
customer's water service line or inside piping may, in the opinion
of the City, cause a cross-connection with non-potable water or otherwise
jeopardize the health and safety of other customers or the City's
facilities.
C.
Shock To City Mains Prohibited. No person shall make or cause to
be made a connection to a device that will result in excessive water
demand or excessive shock, such as water-hammer, to the City's mains.
D.
Tampering. No person shall tamper with, remove, or willfully damage
a water meter or attempt to operate the shutoff cock on the meter
yoke unless permission to do so has been obtained from the City in
advance.
E.
Unmetered Water Prohibited. No person shall attempt to take unmetered
water from the City mains by an unauthorized tap, direct connection
to service connection, by connection to a fire hydrant, or other unauthorized
means.
F.
No Unauthorized Service Connections. Customers are not permitted
to supply water in any way to premises other than the service address,
or to permit others to use their hose or attachments, nor leave them
exposed to use by others without permission from the City.
[Ord. No. 2004.3, 11-15-2004]
A.
The City reserves the right to disconnect a customer from service
for any of the following reasons:
1.
Failure to comply with these rules and regulations.
2.
Non-payment of utility bill.
3.
Resale or redistribution of water services.
4.
Unauthorized interference, diversion, or water connection to
City mains.
5.
Failure to post a security deposit or guarantee acceptable to
the City.
6.
Failure to comply with the terms and conditions of a settlement
agreement.
7.
Misrepresentation of identity for the purpose of obtaining service.
B.
In the event that a customer is in violation of any of these rules
and regulations, the City shall have the right to discontinue service
and remove the meter. The City may, but is not required to, notify
the customer in writing at least twenty-four (24) hours in advance
of the discontinuance of service.
C.
Service may be discontinued immediately without prior notice any
time there is a threat to the health and welfare of either customers
or a situation affecting the operation or integrity of the system
causing the likelihood of major property damage to the system, the
public or the customer's premises. Notice to the customer of such
emergency discontinuance shall be provided by the City as soon after
the discontinuance as reasonably practical.
D.
Discontinuance of service to a unit for any reason shall not prevent
the City from pursuing any lawful remedy by action at law or otherwise
for the collection of monies due from the customer.
E.
In case the City discontinues its service for any violation of this
Article, then any monies due the City shall become immediately due
and payable.
F.
The City has the right to refuse or to discontinue service to any
unit to protect itself against fraud or abuse.
[Ord. No. 2004.3, 11-15-2004]
A.
Service will be discontinued at the customer's request by the customer
giving not less than twenty-four (24) hours' notice to the City during
its regular office hours. The City shall, at the requested time, read
the customer's meter and charges for water service rendered up to
and including the time of discontinuance shall be computed and will
become due and payable immediately.
B.
Restoration of water service so discontinued shall be considered
new service and a new application for service shall be required, as
provided in other Sections of this Article; provided, however, that
no new connection fees shall be payable except for additional service,
if any, to the unit.
C.
A customer may request temporary discontinuance of service for any
length of time for his own convenience: however, the customer shall
still be charged the minimum bill during the time the service is turned
off. Disconnection (turn off) charges and restoration of service (turn
on) charges are specified in the schedule of service charges.
[Ord. No. 2004.3, 11-15-2004]
A.
The City reserves the right to discontinue water in its mains at
any time, without notice, for making emergency repairs to the water
system, well, or storage, collection system, or station equipment.
B.
Whenever service is interrupted for repairs, all customers affected
by such interruptions will be notified in advance whenever it is possible
to do so. Every reasonable effort will be made to minimize interruption
of service.
C.
In order to avoid exceeding the capacities of City mains and supply
facilities, the City reserves the right, at all times, to determine
the limit of and regulate in a reasonable and discriminatory manner,
and where practical, the maximum amounts of water drawn from the City
mains.
[Ord. No. 1998.2, 3-9-1998; Ord. No. 2004.3, 11-15-2004; Ord. No. 2016.7, 9-8-2016; Ord. No. 71-2021, 2-22-2021; Ord. No. 122.2024, 1-11-2024]
A.
The charges for water service shall be at the rates established in Section 700.095. The point of assumption of water service shall be at the property line or outdoor meter setting. Service charges for turn-on of service or turn-off of service are set forth in the schedule of service charges.
B.
A customer who has made an application for water service to a unit
shall be held liable for all water service provided to the said unit
until the customer notifies the City, in writing, to discontinue service.
C.
Utility Deposits.
1.
An applicant for service shall pay a utility deposit of two hundred
dollars ($200.00) before water service will be connected at their
unit.
a.
This utility deposit requirement applies only to those customers
who are tenants of the unit to which water service is rendered, and
applies to both residential and commercial units. For the purposes
of this Section, the word "unit" shall specifically include any lot
or pad used for the parking or installation of mobile or modular homes. Provided,
however, that should any customer have such customer's service disconnected
for failure to pay more than once in any twelve (12) month period,
such customer shall be required to post an additional deposit of two
hundred dollars ($200.00) above and beyond the original requirement.
b.
Services shall not be commenced to a unit until the deposit required
by this Section has been paid in full. Such deposits shall be refunded
at the termination of service after all charges due on the account
and payable by the customer have been paid in full. In the case of
outstanding bills, the deposit shall be applied to the final bill,
with any remaining deposit refunded to the customer.
c.
The City Clerk shall refund the utility deposit to any customer who
has been current in the customer's payments for a period of thirty-six
(36) consecutive months.
2.
Utility Deposit Fund.
D.
The City may require a security deposit or other guarantee as a condition
of continued service due to any of the following:
1.
The service of the customer has been discontinued by the City
for non-payment of a delinquent account.
2.
In an unauthorized manner, the customer interfered with or diverted
the service of the City situated on or about or delivered to the customer's
premises.
3.
The customer has failed to pay an undisputed bill before the
delinquency date for five (5) billing periods out of twelve (12) consecutive
billing periods.
E.
Each customer is responsible for furnishing the City with his or
her correct address. Failure to receive bills will not be considered
an excuse for non-payment nor reason to permit an extension of the
date when the account would be considered delinquent.
F.
Bills and notices relating to the City or its business will be mailed
or delivered to the mailing address entered in the customer's application
unless the City is notified, in writing, by the customer of a change
in address.
G.
Payments shall be made at the office of the City or at such other
places conveniently located as may be designated by the City or by
ordinary mail. Payment must be received by the close of business on
or before the date due.
H.
The City will not be bound by bills rendered under mistake of fact
as to the quantity of service rendered or as a result of clerical
error.
I.
A separate bill shall be rendered for each customer with itemization
of all water service charges.
J.
The City shall have the right to render bills monthly and such bills
shall be due and payable on the last business day of the month.
K.
All bills for service shall bear a due date. Bills unpaid after twenty-one
(21) days from the due date are delinquent and the City shall have
the right to discontinue all service to such delinquent customer forthwith,
and shall not be required to restore or connect any new service for
such delinquent customer until the unpaid account due the City under
this Article has been paid in full or arrangements satisfactory to
the City have been made to pay said account.
L.
When bills are rendered for a period of less than a complete billing
period due to the connection or termination of service, the billing
shall be the monthly minimum plus an amount based on the water used
at the appropriate rate or one-half (1/2) of the flat rate if applicable.
M.
Owners of rented premises are considered ultimately liable under
this Article for payment of all bills issued for any City water service
rendered to their property or the tenants thereof, whether or not
such owners are the customer(s).
[Ord. No. 2009.3, 1-26-2009; Ord. No. 122.2024, 1-11-2024]
A.
DWELLING UNIT
MULTIPLE HOUSING FACILITY or MULTIPLE HOUSING UNIT
Definitions. For purposes of this Article, the following words and
phrases shall mean:
Any room or group of rooms located within a structure that
forms a single habitable unit with facilities which are used, or are
intended to be used, for living, sleeping, cooking and eating.
A housing facility containing more than one (1) dwelling
unit under one (1) roof and connected to one (1) and the same water
meter.
B.
The provisions of other ordinances of the City notwithstanding, all
dwelling units shall be billed for water service as follows:
1.
The total number of gallons used by a multiple housing unit
(as shown on the meter) during the billing period will be divided
by the number of dwelling units connected to the meter.
2.
The minimum rate for each dwelling unit shall be:
a.
Beginning February 1, 2024, and continuing until December 31, 2024,
a minimum charge of thirty-one dollars seventy-four cents ($31.74)
per month for the first one thousand (1,000) or fraction thereof gallons,
plus six dollars forty-four cents ($6.44) for each additional one
thousand (1,000) gallons per month or any fraction thereof.
b.
Beginning January 1, 2025, and each subsequent January 1st thereafter,
the minimum rate and the additional use rate shall increase two percent
(2%) per annum.
[Ord. No. 2004.3, 11-15-2004; Ord. No. 99.2022, 10-13-2022; Ord. No. 122.2024, 1-11-2024]
A.
The following charges are applicable only during normal business
hours. None of these services listed shall be performed during other
than normal working hours unless a charge therefor is listed below.
1.
Connection Charge. All persons requesting service who do not
already have a meter installed at their premises shall pay the full
actual cost of installing a water meter, including the cost of the
meter, and service connection at the time the person is connected
to the water system. But in no event shall the connection fee be less
than eight hundred dollars ($800.00). Such charge must be paid in
advance of the actual connection.
2.
Reconnection Charge:
a.
If the City is required to send a disconnection notice, regardless
of whether the service is ultimately disconnected, a charge of twenty-five
dollars ($25.00) shall be added to the bill.
c.
For temporary turn-off and on at the curb stop for the convenience
of a customer in making a repair, during normal working hours: ten
dollars ($10.00).
d.
During other than normal working hours: seventy-five dollars
($75.00).
3.
Meter Test Charge. The fee for testing a meter at customer request
when the meter has been tested within the previous twelve (12) months
and the meter registers accurately within five percent (5%) is ten
dollars ($10.00).
4.
Late Payment Charge. Bills shall be considered delinquent after
twenty-one (21) days from the date the bill is rendered. If not paid
prior to the delinquent date, a late payment charge equal to twenty
dollars ($20.00) of the current bill will be charged.
5.
Returned Check Fee. All accounts with a returned check shall be charged
twenty-five dollars ($25.00).
[Ord. No. 2004.3, 11-15-2004]
A.
All permanent service connections shall be metered. The City's installed
meter shall be the standard for measuring water used to determine
the bill.
B.
All meters and meter installations shall be furnished, installed,
maintained and removed by the City and shall remain its property.
C.
The City shall have the right to determine on the basis of the customer's
stated flow requirements the type and size of meter to be installed
and location of same. If flow requirements increase or decrease subsequent
to installation and a larger or smaller meter is requested by the
customer, the cost of installing such meter shall be paid by the customer.
D.
Service to any one (1) customer shall be furnished through a single
metering installation. Where a building is occupied by more than one
(1) tenant, the building shall be served by one (1) meter. The customer
may rearrange piping at his own expense so as to separate the units
and meter his tenants as he chooses, then divide the bill accordingly.
A group of buildings or service outlets that are owned by one (1)
party may be served through one (1) water meter when, in the City's
judgment, it is practical to do so.
E.
The meters and meter installations furnished by the City shall remain
its property, and the owners of premises wherein they are located
shall be held responsible for their safekeeping and the carelessness
of said owner, his agent, or tenant. For failure to protect same against
damage, the City may refuse to supply water until the City is paid
for such damage. The amount of the charge shall be the cost of the
necessary replacement parts and the labor cost necessary to make the
repair.
F.
The meter shall be installed at or near the customer's property line.
It shall be placed in a meter box vault in accordance with City specifications.
G.
The customer shall promptly notify the City of any defect in, or
damage to, the meter setting.
H.
Any change in the location of any existing meter or meter setting
at the request of the customer shall be made at the expense of the
customer, and only with the approval of the City.
I.
If an existing basement meter location is determined inadequate or
inaccessible by the City, the customer must provide for the installation
of a meter to be located at or near the customer's property line.
The customer shall obtain from the City, or furnish the necessary
meter installation appurtenances conforming to the City's specifications,
and said appurtenances and labor shall be paid for by the customer.
[Ord. No. 2004.3, 11-15-2004]
A.
Any customer may request the City to make a special test of the accuracy
of the meter through which water is supplied to him.
B.
The City reserves the right to remove and test at any time and to
substitute another in its place. In case of a dispute involving a
question as to the accuracy of the meter, a test will be made by the
City upon the request of the customer without charge if the meter
has not been tested within twelve (12) months preceding the requested
test; otherwise, an approved charge will be made if the test indicates
meter accuracy within five percent (5%) more or less.
C.
A meter test requested by the customer may be witnessed by the customer
or his duly authorized representative except for tests of meters larger
than two-inch inlet, which will be conducted by the meter manufacturer
and a certified copy of the test provided to the customer.
[Ord. No. 2004.3, 11-15-2004]
A.
Whenever any test by the City of a meter while in service or upon
its removal from service shall show such meter to have an average
error of more than five percent (5%), the City shall adjust the customer's
bills by the amount of the actual average error of the meter and not
the difference between the allowable error and the error as found.
The period of adjustment on account of the under-registration or over-registration
shall be determined as follows:
B.
If the meter is found on any such test to under-register, the City
may render a bill to the customer concerned for the estimated consumption
not covered by bills previously rendered during the period of inaccuracy
as above outlined. Such action shall be taken only when the City was
not at fault for allowing the inaccurate meter to remain in service.
C.
If the meter is found faster than allowable, the City shall refund
to the customer concerned any overcharge caused thereby during the
period of inaccuracy as above defined. Said refund may, at the City's
option, be in the form of a credit to the customer's bill.
[Ord. No. 2004.3, 11-15-2004]
A.
This rule shall govern the extension of the City's water mains. For
purposes of this rule, enlargement or expansion of existing facilities
necessary for service to new customers, for which the system was not
originally designed, shall be considered an extension.
B.
When a request is made for an extension of water mains, or the City
determines that an extension must be made, the City shall first determine
the closest adequate source of water in its existing distribution
system. The City will then determine the sizes of mains needed and
will make an estimate of the cost of the proposed extension. The estimate
shall include "estimable costs" such as cost of pipe, valves, fittings,
booster stations, storage facilities, other material, necessary reconstruction
of existing facilities, construction labor, planning, supervision,
inspection, engineering, insurance, tools, accounting expense and
other associated direct costs. An itemization of the estimate shall
be available. The estimate shall not include specific amounts for
"inestimable costs", i.e., those which are not readily capable of
being estimated such as rock excavation, tunneling, and paving, but
shall indicate that such are a possibility, and that actual amounts
expended for such "inestimable costs" shall be included in the actual
and final cost.
C.
Prospective customers who desire water service shall apply for service under Section 700.040. One (1) or more of the applicants, or the applicants' authorized agent, shall enter into a contract with the City for the extension of the City's mains. The contract may allow the applicant(s) to contract with an independent contractor for the installation and the supply of material, except that mains greater than twelve (12) inches in diameter must be installed by the City and the reconstruction of any existing mains must be done by the City.
D.
Payment of all estimable costs due the City shall be made prior to
initiation of construction and prior to the provision of water service
or the acceptance of the facilities as part of the City system.
E.
The "estimable costs" of the City's work set forth in the estimate
shall be compared to the actual cost of the work done as soon as the
work is completed and final cost is ascertained. If the estimated
cost of the work is greater than the completed and final actual cost
as ascertained by the City, the City shall refund the difference within
thirty (30) days of such determination. If the completed and final
actual cost of the work is greater than the estimated cost, the applicant(s)
will be responsible for the underpayment and shall pay the same within
thirty (30) days of the determination. Applicant(s) shall be responsible
for the full payment of the actual costs of the extension.
F.
Extensions And Refund Procedure For Developers. When the applicant
for an extension is a developer, and the extension is for the purpose
of connecting the developer's subdivision to the City's system, the
developer shall, as part of the consideration for the extension, donate
all mains and service connections within the subdivision to the City
in consideration of the City's perpetual upkeep and maintenance.
1.
As a condition upon the City's acceptance of any donation or
dedication of the mains and service connections in a subdivision,
the developer thereof shall, in advance of construction, submit for
City review and approval the proposed design and construction plans
of said mains and service connections. No such plans will be approved
unless the same conform to the requirements of this Article and such
other reasonable conditions or requirements the City may require for
approval, including a design or construction of the subdivision water
system which would allow for future extensions of the City's overall
system in or around said subdivision. Such design or construction
requirements may include the "looping" of water mains or service lines.
G.
Extensions made under this rule shall be and remain the property
of the City.
H.
The City reserves the right to further extend the main and to connect
mains on intersecting streets and easements. Customers connected to
such further extensions shall not entitle the applicant(s) paying
for the original extension to a refund for the connection of such
customers.
I.
Extensions made under this rule shall be of City approved pipe sized
to meet expected future water service requirements along the route
of the extension. If the City chooses to size the extension larger
in order to meet the City's overall system requirements, the additional
cost caused by the larger size of pipe shall be borne by the City.
J.
No interest will be paid by the City on payments for the extension
made by the applicant(s).
K.
If extensions are required on private roads, streets, through private
property, or on private property adjacent to public right-of-way,
a proper deed of easement must be furnished to the City without cost
to the City before the extension will be made.
[Ord. No. 2004.3, 11-15-2004]
The Sections, sentences, clauses and all other parts of this
Article, whether large or small, are severable, it being the intention
of the City to provide just and equitable charges and rules and regulations
for water service as hereinbefore provided and to do so in compliance
with the constitution and laws of the State of Missouri, and if any
one (1) or more Sections, sentences, clauses or other parts of this
Article shall for any reason be questioned in any court or shall be
adjudged unconstitutional or invalid, such judgment shall not impair
or invalidate the remaining provisions of the ordinance and such judgment
shall be confined to its operation to the specific provision or provisions
so held unconstitutional or invalid and the same shall not be taken
to affect or prejudice in any way the remaining provisions of this
Article.
