[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:
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.
The Board of Aldermen of the City of Edgerton, Missouri.
The City of Edgerton, of Platte County, Missouri, acting
through its Board, Mayor, officers or other duly authorized employees
or agents.
Clerk of the City of Edgerton.
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.
The point of delivery shall be at the meter, unless otherwise
specified in the water user's agreement or in any other agreement
where it shall be mentioned.
The term "service," when used in connection with the supplying
of water, shall mean the availability for use by the water user of
water 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.
The State Director of the Farmers Home Administration for
Missouri, United States Department of Agriculture, or his/her successor.
A water service shall consist of facilities for supplying
water to one (1) residence or business establishment.
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.
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.)
[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.Â
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.Â
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.Â
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.Â
When used in these rules and regulations, the following words
and phrases shall have the meaning herein provided:
a.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
No fixture shall be attached to, or any branch made in, the
service pipe between the main of the City and the meter.
4.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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:
2.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
For willful or indifferent waste of water due to any cause.
b.Â
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.Â
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.Â
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.Â
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.Â
In case of vacancy of the premises.
g.Â
For violation of these rules and regulations.
h.Â
For any practice or act prohibited by the Missouri Division
of Health.
i.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Any complaint against the service or employees of the City should
be made at the office of the Clerk in writing.
D.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Cross-Connection Control — General Policy.
1.Â
Purpose. The purpose of this Section is:
a.Â
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.Â
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.Â
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.Â
Application. This Section shall apply to all premises served
by the public potable water system of the City of Edgerton, Missouri.
3.Â
Policy.
a.Â
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.Â
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.Â
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.Â
AIR GAP SEPARATION
AUXILIARY WATER SUPPLY
BACKFLOW
BACKFLOW PREVENTION DEVICE
CONSUMER
CONTAINMENT
CONTAMINATION
CROSS-CONNECTION
HAZARD, DEGREE OF
a.Â
b.Â
c.Â
d.Â
INDUSTRIAL PROCESS SYSTEM
ISOLATION
POLLUTION
PUBLIC POTABLE WATER SYSTEM
SERVICE CONNECTION
WATER PURVEYOR
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
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.
Any water source or system, other than the public water supply,
that may be available in the building or premises.
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.
Any device, method, or type of construction intended to prevent
backflow into a potable water system.
The owner or person in control of any premises supplied by
or in any manner connected to a public water system.
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.
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.
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.
An evaluation of the potential risk to public health and
the adverse effect of the hazard upon the potable water system.
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.
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.
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.
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.
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.
Protection of a facility service line by installing a cross-connection
control device or air gap separation on an individual fixture, appurtenance,
or system.
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.
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.
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.
The owner, operator, or individual in responsible charge
of a public water system.
C.Â
Cross-Connections Prohibited.
1.Â
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.Â
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.Â
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.Â
Survey And Investigations.
1.Â
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.Â
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.Â
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.Â
Type Of Protection Required.
1.Â
The type of protection required by this Section shall depend
on the degree of hazard which exists, as follows:
a.Â
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.Â
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.Â
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.Â
Where Protection Is Required.
1.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Premises having a repeated history of cross-connections being
established or reestablished.
e.Â
Premises, which due to the nature of the enterprise therein,
are subject to recurring modification or expansion.
f.Â
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.Â
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.Â
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.Â
Aircraft and missile plants.
b.Â
Automotive plants.
c.Â
Auxiliary water systems.
d.Â
Beverage bottling plants.
e.Â
Canneries, packing houses, and reduction plants.
f.Â
Car washing facilities.
g.Â
Chemical manufacturing, processing, compounding or treatment
plants.
h.Â
Film laboratories.
i.Â
Fire protection systems.
j.Â
Hazardous waste storage and disposal sites.
k.Â
Hospitals, mortuaries, clinics.
l.Â
Irrigation and sprinkler systems.
m.Â
Laundries and dye works.
n.Â
Metal manufacturing, cleaning, processing and fabricating plants.
o.Â
Oil and gas production, storage or transmission properties.
p.Â
Paper and paper products plants.
q.Â
Plating plants.
r.Â
Power plants.
s.Â
Printing and publishing facilities.
t.Â
Radioactive material processing plants or nuclear reactors.
u.Â
Research and analytical laboratories.
v.Â
Rubber plants, natural and synthetic.
w.Â
Sewage and storm drainage facilities - pumping stations.
x.Â
Waterfront facilities and industries.
G.Â
Backflow Prevention Devices.
1.Â
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.Â
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.Â
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.Â
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.Â
Installation.
1.Â
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.Â
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.Â
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.Â
Inspection And Maintenance.
1.Â
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.Â
Air gap separations shall be inspected at the time of installation
and at least every twelve (12) months thereafter.
b.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Backflow prevention devices shall not be bypassed, made inoperative,
removed, or otherwise made ineffective without specific authorization
by the Water Purveyor.
J.Â
Violations.
1.Â
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.Â
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.
