City of Edgerton, MO
Platte County
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Table of Contents
Table of Contents
[CC 1986 § 112.010]
These rules and regulations have been adopted to govern in a uniform manner the water services furnished by the City for the benefit of the City and its water users and are subject to change as herein provided without notice to any water user or any other person. All such changes must be approved by the State Director of the Farmers Home Administration, United States Department of Agriculture, or his/her successor, so long as the City has unpaid obligations which are held or insured by the United States of America. Any amendment or change to these rules and regulations shall be effective on the date such amendment or change is passed by the Board of Aldermen as herein provided, or on such other date as the Board of Aldermen may by resolution designate. Such amendment or change shall be ineffective only if not approved by the Farmers Home Administration, as hereinbefore provided, but in the event such approval is given by the Farmers Home Administration, said approval shall be retroactive to the date of such change or amendment, as provided herein or as otherwise provided by resolution of the Board of Aldermen. If any portion of these rules and regulations shall be declared invalid by competent authority, such invalidity shall not effect the validity of the remaining portion.
[CC 1986 § 112.020]
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.
BOARD
The Board of Aldermen of the City of Edgerton, Missouri.
CITY
The City of Edgerton, of Platte County, Missouri, acting through its Board, Mayor, officers or other duly authorized employees or agents.
CLERK
Clerk of the City of Edgerton.
LANDOWNER
Any person owning property served by the water system of the City, or who has a leasehold interest therein with more than a year to run. The term "owner" shall also include life tenants, but the Board may at its discretion require remaindermen to enter into any agreement required with the property owner under these rules and regulations, and the remaindermen shall be bound by these rules and regulations in all respects.
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
The term "service," when used in connection with the supplying of water, shall mean the availability for use by the water user of water adequate to meet the water user's requirement, subject to the provisions of these rules and regulations and the ordinances of the City. Service shall be considered as available when the City maintains the water supply at a minimum of twenty (20) psi pressure at the point of delivery with the service line static, in readiness for the water user's use, regardless of whether or not the water user makes use of it.
STATE DIRECTOR
The State Director of the Farmers Home Administration for Missouri, United States Department of Agriculture, or his/her successor.
WATER SERVICE
A water service shall consist of facilities for supplying water to one (1) residence or business establishment.
WATER 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 water services, or to whom water services are made available from the City's facilities pursuant to a written or oral water user's agreement.
WATER USER'S AGREEMENT
Any written or oral agreement or contract between the water user and the City, pursuant to which water service is supplied or made available.
[CC 1986 § 112.030]
Rate schedules for water and water service are fixed by the Board of Aldermen by ordinance.[1] The rate schedule ordinance is subject to change by action of the Board, with the approval of the State Director of the Farmers Home Administration, so long as the City has unpaid obligations which are held by or insured by the United States of America. If a provision of the rules and regulations conflict with the provision of the rate schedule ordinance, the provision of the rate schedule ordinance 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 Board shall increase the water rates in the rate schedule ordinance for the first month thereafter in an amount sufficient to meet these costs and obligations. (Meters may be read by the water users and readings reported to the City Clerk.)
[1]
Editor's Note: Rate schedules for water and water service are set out in Section 705.400.
[CC 1986 § 112.040]
Applicants for a water user's agreement shall make application to the Clerk of the City. Such applications shall be in writing and the Clerk shall prescribe the form of such application, subject to the approval of the Board.
[CC 1986 § 112.050]
Before installing a service extension and providing water, the Board may require the applicant to pipe his/her home and be in readiness to accept the service.
[CC 1986 § 112.060]
The standard water service connection is for the sole use of the water user, and does not permit the extension of pipes to transfer water from one property to any other consumer. If an emergency or specific situation should make such arrangement advisable, it shall be done only on specific written permission of the Board of Aldermen 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 Board 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 these rules and regulations shall be applied to determine the rate for such farm containing two (2) residences.
[CC 1986 § 112.070]
The Board of Aldermen may enter into a special agreement whereby a right of entry is granted to the City to read a meter placed on private property for remotely located residences or remotely located water uses, where the location of the meter as provided in these rules and regulations would, in the Board'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 Board to enter into such a special agreement but such agreement must be entered into solely at the discretion of the Board. The Board may in the alternative apply the multiple-unit residence rule stated in these rules and regulations.
[CC 1986 § 112.080]
The City 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 City will not accept responsibility for losses which might occur due to such necessary interruptions. The City does not accept responsibility and shall not be liable for losses which might occur due to interruptions to service for any cause and does not accept responsibility for losses due to failure of the City to notify any water user of any such interruption.
[CC 1986 § 112.090]
City will install all water service pipes from its mains to the meters on property abutting the right-of-way along which the main is installed insofar as its current financial responsibilities, obligations and conditions will permit, and insofar as adequate water pressure is available at the point of delivery requested by the applicant or water user. The service pipe shall not be less than three-fourths (3/4) inch in size and the City will also install and pay for the City main connection, meter and meter setting. The meter will be set at the point on the water user's premises designated by the City. The charge for services to be made by the City shall be that amount specified in these rules and regulations, or as otherwise provided by the Board, but in no event shall it be less than the cost to the City.
[CC 1986 § 112.100]
Representatives of the City shall have the right at all times 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.
[CC 1986 § 112.110]
All piping work done in connection with pipe and services connected with the City's main shall be submitted to the inspection of the City before such underground work is covered up. Whenever the City determines that a job of plumbing is obviously defective, although not in direct violation of these rules and regulations, the City may insist and require that it be corrected before the water will be turned on. The Board may prescribe the type of materials and the standard of workmanship to be followed in enforcing this Section.
[CC 1986 § 112.120]
Service pipes shall not be connected to the suction side of pumps. The supply for use of a character requiring a large quantity of water within a short period will not be permitted except through intercepting or intermediate storage tanks.
[CC 1986 § 112.130]
Water users having boilers or hot-water systems connected with mains of the City 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 City, however, will not be responsible for accidents or damages resulting from the imperfect action or failure of said valves. Flush valve or direct flushing closets should not be installed in premises where the service pipe supplying such premises is connected to a main two (2) inches or less in diameter. All flush valves shall be equipped with approved type vacuum breakers.
[CC 1986 § 112.140]
A. 
The City 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 City.
1. 
No interconnection or cross-connection, as defined below, shall be permitted. The making, causing or permitting of the installation or existence of any interconnection or cross-connection shall constitute a violation of the rules and regulations of the City, and such prohibited connection shall be removed forthwith in a manner acceptable to the City and the duly constituted public health officials.
2. 
Failure to do so within two (2) days from and after date of notification by the City may result in discontinuance of water service without further notice.
3. 
When used in these rules and regulations, the following words and phrases shall have the meaning herein provided:
a. 
Cross-Connection. A cross-connection is any physical link between a potable water supply and any other substance, fluid, or source, which makes possible contamination of the potable water supply due to the reversal of flow of the water in the piping or distribution system.
b. 
Interconnection. An interconnection is a plumbing arrangement, other than a cross-connection, by which contamination might be admitted or drawn into the distribution system of the City, or into lines connected therewith, which are used for the conveyance of potable water.
B. 
Representatives of the City shall have the right at all hours to enter upon water user's premises for the purpose of inspection and enforcement of this provision.
[CC 1986 § 112.150]
In the event of an applicant whose water requirements are bound to exceed the City's ability to supply it from existing plant which causes an adverse affect on service to other water users to an unreasonable extent, the City will not be obligated to render such service, unless and until suitable self-liquidating financing is arranged to cover necessary investment in additional facilities.
[CC 1986 § 112.160]
A. 
The water user's service pipe and all connections and fixtures attached thereto shall be subject to the inspection of the City before the water will be turned on, if the City 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 City.
1. 
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 City shall so agree in writing.
2. 
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.
3. 
No fixture shall be attached to, or any branch made in, the service pipe between the main of the City and the meter.
4. 
Any repairs or maintenance necessary to the service pipe or on 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.
5. 
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.
6. 
No pipe shall be installed connecting the user to the City system except in accordance with these rules and regulations and all connections must be metered at all times.
7. 
The City 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 ordinance of the City as provided for in these rules and regulations and the ordinances of the City.
[CC 1986 § 112.170]
No one but a City employee or a person authorized by the City shall turn on water or shut off water from the City meter to any water user or to any property served by any such meter, except in the case of escaping water.
[CC 1986 § 112.180]
A. 
The City 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.
1. 
Fixtures or devices taking a supply of water directly from the service pipes, depending upon the hydraulic pressure of the pipe system of the City for supplying same under working pressure, would do so at the risk of the parties making such attachments, as the City will not be responsible for any accidents or damages to which such fixtures or devices are subject.
[CC 1986 § 112.190; Ord. No. 368, 9-13-1989]
A. 
All water users of said City and applicants therefor shall make a meter deposit before connecting any water service lines to the water lines and meters of said City as follows:
1. 
Standard Deposit.
a. 
Landowners: $200.00.
b. 
Renters: $200.00.
c. 
Business establishments: $200.00.
2. 
In the case of multiple-unit dwellings and trailer courts (mobile home courts) and meters larger than 3/4" x 5/8", the amount of deposit shall be determined by a special written agreement between the Board and the applicant or water user.
3. 
In the case of water users who use in excess of ten thousand (10,000) gallons per month, or whose anticipated needs are in excess of ten thousand (10,000) gallons per month, the Board may, at its discretion, require a larger deposit at any time from any such water user.
4. 
The water deposit may be raised on a citizen that is late on the payment due date of a water bill three (3) times in any twelve-month period, at any time after the initial deposit, to a sum equal to two (2) months of the average water bill, but not less than twenty-five dollars ($25.00), of said citizen.
5. 
Any water user whose water service has been shut off twice for non-payment shall, in addition to the regular water meter deposit, deposit the sum of twenty-five dollars ($25.00) in addition thereto as a water meter deposit.
6. 
It is further provided that all such meter deposits shall be held by the City as guarantee that the bills of the water user making such deposit shall be fully paid and that no damage will be done to the water meter, line or any property of the City by the water user; such deposit shall be returned to the water user at such time said user discontinues water service and ceases to be a water user of the City, but the City shall be entitled to first deduct the amount of any unpaid water bills and any such damage done by the water user to the meter, line or any other property of the City, and if the amount of such unpaid bills and damage exceeds the amount of the deposit, to apply the entire deposit against such unpaid bills and damage.
7. 
The City shall pay any amount of such water deposit due the water user to the water user upon demand by the water user when water service is discontinued after the City has had a reasonable time to compute said water bill and to determine if any such damage has been done by the water user. The City shall keep such deposits in a separate bank account or accounts, and the Board at its discretion may invest such funds in savings accounts or certificates of deposits in the bank or banks in which such funds are held, provided that a reasonable sum is held in a demand account to meet the anticipated refunding requirements. Any interest accruing on such deposits, accounts or certificates shall become the sole property of the City and no water user shall have any claim for or to such interest, or any portion thereof for any reason. Such interest shall be used by the City in the same manner as income received from the sale of water by the City. The investment of such meter deposit fund is discretionary with the Board and shall not under any circumstances be regarded as mandatory.
[CC 1986 § 112.200]
Meters will be furnished, installed, owned, inspected, tested and kept in proper operating condition by the City, without cost to the water user, except that such water user shall pay a connection fee as set forth in these rules and regulations, which shall not be refundable. The complete record of tests and histories of meters will be kept if deemed necessary by the City. Meter tests will be made according to methods of the American Water Works Association by the City as often as deemed necessary by the Board.
[CC 1986 § 112.210]
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.
[CC 1986 § 112.220]
Meters shall be set in an accessible place on the outside of buildings, except where otherwise directed by the City. All meters shall be set horizontally and never connected into a vertical pipe. Meters outside of buildings shall be placed in meter boxes furnished and installed by the City.
[CC 1986 § 112.230; Ord. No. 368, 9-13-1989; Ord. No. 450, 6-3-2015]
Any water user requesting the water meter to be tested for accuracy shall deposit with the City Clerk one hundred fifty dollars ($150.00), the cost incurred in charging and testing the water meter. In the event the water meter requested to be tested is found to be in excess of two percent (2%) fast, such cost advanced by the requesting water user shall be returned to the water user.
[CC 1986 § 112.240]
The water user shall be responsible for any damage to the meter installed for his/her service, for any cause other than normal wear and tear.
[CC 1986 § 112.250]
A. 
Bills will be rendered for service by the fifth day following the close of the period for which the service was rendered as set forth in the rate schedule. Service bills not paid by the 16th day following the close of the period for which service was rendered shall be subject to a late charge of ten percent (10%). Failure of the City 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 30th day 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 of the owner of the property occupied by the water user shall not be the responsibility of the City, its agents or employees and the City, its agents and employees shall not be liable to the water user or the owner of any property used, held, occupied, rented or leased by the water user for any such damage when disconnection is made according to these rules and regulations, and it shall be immaterial that no notice of such disconnection was given to the water user or to said property owner.
1. 
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 City makes such reading unusually difficult, costly or impossible, then the bills may be estimated by using, at the discretion of the City, either the amount of water used by the water user in the previous billing period, or in the same billing period in the previous year, and the bill for such period shall be based upon such amount of water used. The meter reading and the bill rendered for any period subsequent to a period for which the bill of any water user shall be based upon such estimates shall take into account such estimates and such estimates shall be considered the actual amount of water consumed for the period or periods estimated. Estimates may be made in the case of one (1) or more water users or for all water users of the City at the discretion of the City, and it shall not be required that all bills be estimated in the event anyone or more water users' bills are estimated as herein set forth.
2. 
Bills may be submitted on a monthly, bimonthly or quarterly basis as the Board may provide and direct in its ordinance establishing a rate schedule.
[CC 1986 § 112.260]
A. 
Water service will be discontinued to any water user or property on account of temporary vacancy of such property upon written request of the water user, without in any way affecting the agreement in force, and upon payment of all charges due as provided in the rules and regulations of the City and the ordinances of the City.
1. 
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 ten percent (10%) interest thereon, shall be paid before reconnection shall be allowed for such water user or property.
2. 
In the event that an applicant for water service has purchased or otherwise acquired the property and holds title thereto and the previous owner 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 owner, but shall be required to pay only a connection charge of five dollars ($5.00), plus meter deposit.
3. 
In the case of a water user who has disconnected from the system for a reason other than the vacancy of the property, or in the case of an owner of such property desiring to restore service, then such water user or owner shall pay, in addition to the charges above set forth, a reconnection charge of five dollars ($5.00), plus meter deposit for reconnecting said property to the system of the City.
4. 
Except in the case of failure of the water user to pay the bill owed the City for water service, as set forth in these rules and regulations, the City will not discontinue the service of any water user for violation of any rule, regulation or ordinance of the City, without written notice of at least two (2) days, mailed to such customer at his/her address as shown upon the City's records, or personally delivered to the water user or a member of his/her household, advising the water user what rule of ordinance 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 City's regulating or measuring equipment has been tampered with or bypassed, 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 City for any of the following reasons:
a. 
For willful or indifferent waste of water due to any cause.
b. 
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 City.
c. 
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 appliances of the City controlling or regulating the water user's water supply.
d. 
For failure to provide the City'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.
e. 
For non-payment of any account for water supplied, for water service, or for meter or service maintenance, or for any other fee or charge accruing under these rules and regulations, the rate schedule ordinance of the City or the ordinances of the City.
f. 
In case of vacancy of the premises.
g. 
For violation of these rules and regulations.
h. 
For any practice or act prohibited by the Missouri Division of Health.
i. 
For failure to allow any City employee, officer, agent or representative the right to inspect water user's premises for any purpose set forth in these rules and regulations.
5. 
The discontinuance of the supply of water to a property 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 water user or property owner.
6. 
Water will not be turned on to any property unless there be at least one (1) adult person therein at such time to see that all water outlets in the premises are closed to prevent damage as escaping water.
7. 
Only an employee, officer or agent of the City may turn on water and all applicants and water users are expressly forbidden to do so.
[CC 1986 § 112.270]
It shall be the water user's responsibility to anticipate any change of occupancy and to withdraw the balance of the meter deposit less any amount due the City. Until such withdrawal is made, the original water user shall be responsible for payment for services.
[CC 1986 § 112.280]
The Board 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 ordinance and rules and regulations. Such contracts must receive written approval by the State Director before being placed in effect.
[CC 1986 § 112.290; Ord. No. 480, 1-7-2004]
In making a future connection to an applicant for water service on or after the seventh day of January, 2004, the Board shall charge a fee at least equal to the cost to the City for said connection and such fee may be adjusted taking into consideration the average cost for the entire system to each water user and a charge of eight hundred fifty dollars ($850.00) for depletion of capacity of the system by the user's connection.
[CC 1986 § 112.300]
A. 
Extension of water mains and lines shall be made by the City upon written application on a form approved by the Board of Aldermen. If said application is approved, the main or line shall be extended provided that:
1. 
Applicant pays all construction, engineering, and legal expenses of such extension. Said payment shall be made in advance to the City or at the discretion of the Board may be placed in a special escrow account. If the costs and expense of such construction, engineering and legal, is not ascertainable, the costs thereof shall be estimated and said amount shall be paid to the City 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 right to make such extension, or before entering into an agreement therefor, the Board shall first determine that the extension will not materially affect in any adverse manner the service rendered to any existing customers of the City, and shall determine that such extension will be in the best interests of the City. In the event the Board determines, based upon information furnished, that such extension would have a material adverse effect upon existing water users of the City, or in the event the City determines that such extension would not be in the best interest of the City, then the City shall not permit such extension.
3. 
All construction, engineering and legal work required in the extension shall be performed by employed contractors, counsel, and engineers chosen by, or employed by, the City. Nothing in this Article shall prohibit the applicant from contracting as the primary contractor for the construction project upon the same terms, conditions, requirements, and performance bond as any other contractor.
4. 
The construction and materials shall be inspected by qualified inspector, furnished by the City. The cost of this inspector shall be borne by the applicant.
5. 
Upon satisfactory completion and testing, the improvement shall be dedicated, free and clear of all encumbrances, to the City, and the owner shall provide the City with a title insurance policy guaranteeing, or at the City election, satisfactory proof of clear title, free of all liens and encumbrances in and to the water line, accessories and appurtenances thereto, and the right-of-way upon which said line is installed, vested in the City.
6. 
All plans and specifications for main extensions or improvements will be approved by the City, and the appropriate agency of the State of Missouri.
[CC 1986 § 112.305]
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 City may prorate the water available among the various users on such basis as is deemed equitable by the City 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 City must first satisfy all of the needs of the water users for domestic purposes before supplying any water for industrial or agricultural purposes, and must satisfy the needs of all the water users for domestic and livestock purposes before supplying water for other agricultural or industrial purposes.
[CC 1986 § 112.310]
In the event that service is desired by an owner 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 owner shall be required to acquire a water meter for each unit, or in the alternative, to enter into a special written agreement with the City 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 ordinance of the City, 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 ordinance of the City 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 owner 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 Board of Aldermen as herein set forth. The Board of Aldermen 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 owner of any such residence and upon any water user therein.
[CC 1986 § 112.320]
In the event that a trailer court, also known as a "mobile home court," desires service, then the owner shall be required to acquire a water meter for each trailer space, or in the alternative, to enter into a special agreement with the City 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 owner 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 Board of Aldermen as set forth in this Article. The number of trailers using water during each billing period shall be the number of trailer locations actually served during such time and the Board, its employees and agents shall determine how many units are served, and such determination shall be final and binding upon the owner of the trailer court.
[CC 1986 § 112.330]
No water shall be sold in bulk except as may be subsequently provided by ordinance.
[CC 1986 § 112.340]
The City 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 City 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. The City 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.
[CC 1986 § 112.350]
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 City.
B. 
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 letter or intent of this Article or of the ordinances of the City, or the laws of the State of Missouri.
C. 
Any complaint against the service or employees of the City should be made at the office of the Clerk in writing.
D. 
The service pipes, meters and fixtures on the water user's property shall at all reasonable hours be accessible to the City for observation or inspection.
[CC 1986 § 112.360]
This Article may be amended at any regular meeting of the Board or at any special meeting thereof called for such purpose.
[Ord. No. 396, 1992]
A. 
The connection fee for the extension of water service to water users outside of the City limits of the City of Edgerton shall be six hundred dollars ($600.00), which connection fee is non-refundable.
B. 
Water rates for water users outside of the City limits shall be double the minimum rate applicable to water users within the City limits plus one dollar ($1.00) more per one thousand (1,000) gallons of usage.
C. 
The supply of water outside of the City limits of the City of Edgerton shall be strictly for residential consumer purposes. No water supplied outside of the City limits shall be utilized for commercial or agricultural purposes.
D. 
Water as may be supplied for water users outside of the City limits shall be for single-family residential units then constructed, and not for the purpose of promoting residential development outside of the City limits.
E. 
Preference shall be given to water users within the City of Edgerton over water users outside of the City limits of Edgerton in the event of a water shortage. Under such circumstances, water service to water users outside of the City limits may be restricted or discontinued in favor of water users within the City limits.
F. 
All other provisions of this Article not inconsistent with the provisions of this Section shall apply to the supply of water and water users outside of the City limits of Edgerton.
[Ord. No. 395, 2-4-1992]
A. 
Cross-Connection Control — General Policy.
1. 
Purpose. The purpose of this Section is:
a. 
To protect the public potable water supply from contamination or pollution by containing within the consumer's internal distribution system or private water system contaminants or pollutants which could backflow through the service connection into the public potable water supply system.
b. 
To promote the elimination, containment, isolation, or control of existing cross-connections, actual or potential, between the public or consumer's potable water system and non-potable water systems, plumbing fixtures, and industrial-process systems.
c. 
To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems.
2. 
Application. This Section shall apply to all premises served by the public potable water system of the City of Edgerton, Missouri.
3. 
Policy.
a. 
This Section will be reasonably interpreted by the Water Purveyor. It is the Water Purveyor's intent to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard.
b. 
The Water Purveyor shall be primarily responsible for protection of the public potable water distribution system from contamination or pollution due to backflow or contaminants or pollutants through the water service connection. The cooperation of all consumers is required to implement and maintain the program to control cross-connections. The Water Purveyor and consumer are jointly responsible for preventing contamination of the water system.
c. 
In the judgment of the Water Purveyor or his/her authorized representative, cross-connection protection is required through either piping modification or installation of an approved backflow prevention device, due notice shall be given to the consumer. The consumer shall immediately comply by providing the required protection at his/her own expense; and failure, refusal, or inability on the part of the consumer to provide such protection shall constitute grounds for discontinuing water service to the premises until such protection has been provided.
B. 
Definitions. As used in this Section, the following terms shall have the meanings indicated:
AIR GAP SEPARATION
The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one (1) inch.
AUXILIARY WATER SUPPLY
Any water source or system, other than the public water supply, that may be available in the building or premises.
BACKFLOW
The flow other than the intended direction of flow, of any foreign liquids, gases, or substances into the distribution system of a public water supply.
BACKFLOW PREVENTION DEVICE
Any device, method, or type of construction intended to prevent backflow into a potable water system.
CONSUMER
The owner or person in control of any premises supplied by or in any manner connected to a public water system.
CONTAINMENT
Protection of the public water supply by installing a cross-connection control device or air gap separation on the main service line to a facility.
CONTAMINATION
An impairment of the quality of the water by sewage, process fluids, or other wastes to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.
CROSS-CONNECTION
Any physical link between a potable water supply and any other substance, fluid, or source, which makes possible contamination of the potable water supply due to the reversal of flow of the water in the piping or distribution system.
HAZARD, DEGREE OF
An evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.
a. 
Hazard, Health. Any condition, device, or practice in the water supply system and its operation which could create or may create a danger to the health and well-being of the water consumer.
b. 
Hazard, Plumbing. A plumbing type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air gap separation or backflow prevention device.
c. 
Hazard, Pollutional. An actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
d. 
Hazard, System. An actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system, or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.
INDUSTRIAL PROCESS SYSTEM
Any system containing a fluid or solution, which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional, or plumbing hazard if introduced into a potable water supply.
ISOLATION
Protection of a facility service line by installing a cross-connection control device or air gap separation on an individual fixture, appurtenance, or system.
POLLUTION
The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use.
PUBLIC POTABLE WATER SYSTEM
Any publicly or privately owned water system supplying water to the general public which is satisfactory for drinking, culinary, and domestic purposes and meets the requirements of the Missouri Department of Natural Resources.
SERVICE CONNECTION
The terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.
WATER PURVEYOR
The owner, operator, or individual in responsible charge of a public water system.
C. 
Cross-Connections Prohibited.
1. 
No water service connection shall be installed or maintained to any premises where actual or potential cross-connections to the public potable or consumer's water system may exist unless such actual or potential cross-connections are abated or controlled to the satisfaction of the Water Purveyor, and as required by the laws and regulations of the Missouri Department of Natural Resources.
2. 
No connection shall be installed or maintained whereby an auxiliary water supply may enter a public potable or consumer's water system unless such auxiliary water supply and the method of connection and use of such supply shall have been approved by the Water Purveyor and the Missouri Department of Natural Resources.
3. 
No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities, and fixtures have not been constructed and installed using acceptable plumbing practices considered by the Water Purveyor as necessary for the protection of health and safety.
D. 
Survey And Investigations.
1. 
The consumer's premises shall be open at all reasonable times to the Water Purveyor, or his/her authorized representative, for the conduction of surveys and investigations of water use practices within the consumer's premises to determine whether there are actual or potential cross-connections to the consumer's water system through which contaminants or pollutants could backflow into the public potable water system.
2. 
On request by the Water Purveyor or his/her authorized representative, the consumer shall furnish information on water use practices within his/her premises.
3. 
It shall be the responsibility of the water consumer to conduct periodic surveys of water use practices on his/her premises to determine whether there are actual or potential cross-connections to his/her water system through which contaminants or pollutants could backflow into his/her or the public potable water system.
E. 
Type Of Protection Required.
1. 
The type of protection required by this Section shall depend on the degree of hazard which exists, as follows:
a. 
An approved air gap separation shall be installed where the public potable water system may be contaminated with substances that could cause a severe health hazard.
b. 
An approved air gap separation or an approved reduced pressure principle backflow prevention device shall be installed where the public potable water system may be contaminated with a substance that could cause a system or health hazard.
c. 
An approved air gap separation or an approved reduced pressure principle backflow prevention device or an approved double check valve assembly shall be installed where the public potable water system may be polluted with substances that could cause a pollutional hazard not dangerous to health.
F. 
Where Protection Is Required.
1. 
An approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where, in the judgment of the Water Purveyor or the Missouri Department of Natural Resources, actual or potential hazards to the public potable water system exist. The type and degree of protection required shall be commensurate with the degree of hazard.
2. 
An approved air gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises where, in the judgment of the Water Purveyor or the Missouri Department of Natural Resources, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises, would present an immediate and dangerous hazard to health should a cross-connection occur, even though such cross-connection may not exist at the time the backflow prevention device is required to be installed. This includes but is not limited to the following situations:
a. 
Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the Water Purveyor and the Missouri Department of Natural Resources.
b. 
Premises having internal cross-connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist.
c. 
Premises where entry is restricted so that inspection for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure the cross-connections do not exist.
d. 
Premises having a repeated history of cross-connections being established or reestablished.
e. 
Premises, which due to the nature of the enterprise therein, are subject to recurring modification or expansion.
f. 
Premises on which any substance is handled under pressure so as to permit entry into the public water supply, or where a cross-connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.
g. 
Premises where materials of a toxic or hazardous nature are handled such that if backsiphonage or backpressure should occur, a serious health hazard may result.
3. 
The following types of facilities fall into one (1) or more of the categories of premises where an approved air gap separation or reduced pressure principle backflow prevention device is required by the Water Purveyor and the Missouri Department of Natural Resources to protect the public water supply and must be installed at these facilities unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the Water Purveyor and the Missouri Department of Natural Resources:
a. 
Aircraft and missile plants.
b. 
Automotive plants.
c. 
Auxiliary water systems.
d. 
Beverage bottling plants.
e. 
Canneries, packing houses, and reduction plants.
f. 
Car washing facilities.
g. 
Chemical manufacturing, processing, compounding or treatment plants.
h. 
Film laboratories.
i. 
Fire protection systems.
j. 
Hazardous waste storage and disposal sites.
k. 
Hospitals, mortuaries, clinics.
l. 
Irrigation and sprinkler systems.
m. 
Laundries and dye works.
n. 
Metal manufacturing, cleaning, processing and fabricating plants.
o. 
Oil and gas production, storage or transmission properties.
p. 
Paper and paper products plants.
q. 
Plating plants.
r. 
Power plants.
s. 
Printing and publishing facilities.
t. 
Radioactive material processing plants or nuclear reactors.
u. 
Research and analytical laboratories.
v. 
Rubber plants, natural and synthetic.
w. 
Sewage and storm drainage facilities - pumping stations.
x. 
Waterfront facilities and industries.
G. 
Backflow Prevention Devices.
1. 
Any backflow prevention device required by this Section shall be of a model or construction approved by the Water Purveyor and the Missouri Department of Natural Resources.
a. 
Air gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one (1) inch.
b. 
A double check valve assembly or a reduced pressure principle backflow prevention device shall be approved by the Water Purveyor, and shall appear on the current list of approved backflow prevention devices established by the Missouri Department of Natural Resources.
2. 
Existing backflow prevention devices approved by the Water Purveyor at the time of installation and properly maintained shall, except for inspection and maintenance requirements, be excluded from the requirements of this Section so long as the Water Purveyor is assured that they will satisfactorily protect the water system. Whenever the existing device is moved from its present location, or requires more than minimum maintenance, or when the Water Purveyor finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this Section.
H. 
Installation.
1. 
Backflow prevention devices required by this Section shall be installed at a location and in a manner approved by the Water Purveyor and shall be installed at the expense of the water consumer.
2. 
Backflow prevention devices installed on the service line to the consumer's water system shall be located on the consumer's side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.
3. 
Backflow prevention devices shall be located so as to be readily accessible for maintenance and testing, protected from freezing, and where no part of the device will be submerged or subject to flooding by any fluid.
I. 
Inspection And Maintenance.
1. 
It shall be the duty of the consumer at any premises on which backflow prevention devices required by this Section are installed to have inspection, tests, and overhauls made in accordance with the following schedule or more of ten where inspections indicate a need.
a. 
Air gap separations shall be inspected at the time of installation and at least every twelve (12) months thereafter.
b. 
Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve (12) months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every thirty (30) months.
c. 
Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every twelve (12) months thereafter. They shall be dismantled, inspected internally, cleaned, and repaired whenever needed and at least every five (5) years.
2. 
Inspections, tests, and overhauls of backflow prevention devices shall be made at the expense of the water consumer and shall be performed by a State of Missouri certified backflow prevention device tester.
3. 
Whenever backflow prevention devices required by this Section are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay.
4. 
The water consumer must maintain a complete record of each backflow prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections, and repairs. Records of inspections, tests, repairs, and overhauls shall be made available to the Water Purveyor upon request.
5. 
Backflow prevention devices shall not be bypassed, made inoperative, removed, or otherwise made ineffective without specific authorization by the Water Purveyor.
J. 
Violations.
1. 
The Water Purveyor shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by this Section is not installed, tested, and maintained in a manner acceptable to the Water Purveyor, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises.
2. 
Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with this Section to the satisfaction of the Water Purveyor.