[Ord. 530.031, passed 5-23-2013]
(A) 
The rules and regulations in this subchapter have been adopted to govern the water services furnished by the City in a uniform manner for the benefit of the City and its water users and are subject to change as herein provided without notice to any water users or any other person. All such changes must be approved by the State Director of the United States Department of Agriculture, Rural Development, so long as the City has unpaid obligations which are held or insured by the United States of America.
(B) 
Any amendment or change to this subchapter shall be effective on the date such amendment or change is passed by the City, as herein provided, or on such other date as the City may by resolution designate. Such amendment or change shall be ineffective only if not approved by the USDA, Rural Development, as herein before provided, but in the event such approval is given by the USDA, Rural Development, said approval shall be retroactive to the date of such change or amendment, as provided herein or as otherwise provided by resolution of the City.
(C) 
If any portion of this subchapter shall be declared invalid by competent authority, such invalidity shall not effect the validity of the remaining portion.
[Ord. 530.031, passed 5-23-2013]
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
CROSS-CONNECTION
Any pipe, valve, or other arrangement or device, connecting the pipe lines of the City or facilities directly or indirectly connected therewith to and with pipes or fixtures supplied with water from any source other than the lines of the City directly connected.
INTERCONNECTION
A plumbing arrangement, other than a cross-connection, by which contamination might be admitted or drawn into the distribution system of the City, or into lines connected therewith, which are used for they conveyance of potable water.
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 LANDOWNER shall also include life tenants but the City may at its discretion require remaindermen to enter into any agreement required with the property owner under this subchapter, and the remaindermen shall be bound by this subchapter in all respects.
MULTIPLE-UNIT RESIDENCE
A dwelling unit housing more than one family, and such definition shall include duplexes, triplexes, fourplexes, apartments and all similar structures and residences.
OWNER
The City of Hawk Point.
POINT OF DELIVERY
The POINT OF DELIVERY shall be at the meter, unless otherwise specified in the water user's agreement or in any other agreement where it shall be mentioned.
SERVICE
When used in connection with the supplying of water shall mean the availability for use by the water user of water, subject to the provisions of this subchapter. SERVICE shall be considered as available when the City maintains the water supply at a minimum of 20 p.s.i. pressure at the point of delivery with the service line static, in readiness for the water user's use, regardless of whether the water user makes use of it.
STATE DIRECTOR
The STATE DIRECTOR of the USDA, Rural Development for the state, or his or her successor.
USER
Any individual, firm, partnership, corporation, the federal or state government or any unit, agency, political corporation or subdivision of either the federal or state government, or other agency receiving water and waste services, or to whom water services are made available from the City's facilities pursuant to a written water USER's agreement.
WATER SERVICE
Facilities for supplying water to one residence or business establishment located on land within the jurisdiction of the City.
WATER USER'S AGREEMENT
The written contract between the WATER USER and the City pursuant to which water service is supplied or made available.
[Ord. 530.031, passed 5-23-2013]
(A) 
Rate schedules for water and water service are fixed by the City. The rate schedule is subject to change by action of the City, with the approval of the State Director of the USDA, Rural Development, so long as the City has unpaid obligations which are held or insured by the United States of America. If a provision of this subchapter conflicts with the provision of the rate schedule, the provision of the rate schedule shall prevail. If the total amount of revenue and income derived from the collection of the water rates is insufficient to meet the payment of the costs of operation, maintenance, depreciation, necessary extensions and enlargements and payment of the principal and interest on any general and special obligation bonds then outstanding with their attendant obligations pursuant to the terms of the bonds and the authorizing resolutions, the City shall increase the water rates for the first month thereafter in an amount sufficient to meet these costs and obligations.
(B) 
The City may require, at its discretion, for meters to be read by the water users and readings reported to the City.
[Ord. 530.031, passed 5-23-2013]
Applications for a water user's agreement shall make application to the City. Such applications shall be in writing and the City shall prescribe the form of such application.
[Ord. 530.031, passed 5-23-2013; Penalty, see § 50.99]
(A) 
Readiness to accept. Before installing a service extension and providing water, the City may require the applicant to pipe his or her home and be in readiness to accept the service.
(B) 
Service for sole use of the water user. The standard water service connection is for the sole use of the water user and does not permit the extension of pipes to transfer water from one property to any other consumer nor will the user share, resell or submeter water to any other consumer. If an emergency or specific situation should make such an arrangement advisable, it shall be done only on specific written permission of the City for the duration of the emergency. No more than one residence shall be served by one water service connection. A farm containing one residence and other buildings for use in the farming operation shall be considered as one residence and the water user may use water from one meter for all such buildings; provided that in the event that a farm contains two or more residences, a meter shall be required for each residence, unless the City shall find such to be an unusual hardship upon the water user, in which case a special agreement may be made concerning such additional residence and the rules for a multiple-unit dwelling as set forth in this subchapter shall be applied to determine the rate for such farm containing two residences.
(C) 
Hardship agreements. The City 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 this subchapter would, in the City'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 City to enter into such a special agreement, but such agreements must be entered into solely at the discretion of the City. The City may in the alternative apply the multiple-unit residence rule stated in this subchapter.
(D) 
Continuity of service. 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.
(E) 
Services. The water user will install all water service pipes from mains to the meters on property abutting the right-of-way along which the main is installed. The service pipe shall not be less than three-fourths inch in size and the water user will also install and pay for the City's 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 this subchapter, or as otherwise provided by the City, but in no event shall it be less than the cost to the City.
(F) 
Right to inspect. Representatives of the City shall have the right at all reasonable hours to enter upon the water user's premises to read and test meters, inspect piping and to perform other duties for the maintenance and operation of service or to remove its meters and equipment upon discontinuance of service by the water user.
(G) 
Piping work to be inspected. All piping work in connection with pipe and services connected with the 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, the City may require that it be corrected before the water will be turned on. The City may prescribe the type of materials and the standard of workmanship to be followed in enforcing this section.
(H) 
Intercepting tank required for large customers. Service pipes shall not be connected to the suction side of pumps. The supply for use of a character requiring a large quantity of water within as short period will not be permitted except through intercepting or intermediate storage tanks.
(I) 
Check valves, flush valves and vacuum breakers. Water users having boilers or hot water systems connected with mains of the 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.
(J) 
Cross-connections and interconnections. 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 other interconnection or cross-connection, as defined in § 50.02, shall be permitted. The making, causing or permitting of the installation or existence of any interconnection or cross-connection shall constitute a violation of this subchapter 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 days from and after date of notification by the City may result in discontinuance of water service without further notice.
(3) 
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.
(K) 
Applicants having excessive requirements. In the event of an applicant whose water requirements are bound to exceed the City's ability to supply it from existing physical assets without adversely affecting service to other water users, the City will not be obligated to render such service, unless and until suitable financing is provided by the applicant to cover the additional physical assets. The City has no obligation to reimburse the applicant for physical assets provided.
(L) 
Customer's duty regarding service lines. 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 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 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) 
The water user shall, at his or 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 any pipe or fixture in or upon the water user's premises shall be performed by the water user at his or 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) 
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 City or water user. The water user shall be billed in the usual manner for the cost of all such water according to the rate schedule of the City as provided for in this subchapter.
(M) 
No one but the City's employee may turn water off or on. No one but an employee or a person authorized by the City shall turn on water or shut off water to any water user or to any property, except in the case of escaping water.
(N) 
Water users requiring uninterrupted supply. 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 and the like.
(O) 
Taking water directly from service pipes. 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.
[Ord. 530.031, passed 5-23-2013; Penalty, see § 50.99]
(A) 
Private fire hydrants may be installed by a written agreement with the City, provided that the City shall take into account all possible costs to the City and charge an equitable price therefore all cost factors considered. Public fire hydrants may be installed by special agreement with the state, a municipality, political subdivision or political corporation and the City shall take into consideration the same factors when entering such a contract.
(B) 
In the event that the City undertakes to furnish fire hydrants as a part of the service to the water users of the City then all water users of the City shall be furnished with substantially the same degree of benefit from such hydrants and in the event that this is impossible, then those receiving a higher degree of benefit shall pay an additional charge above the rates for water herein provided for which shall be for such additional benefit. Such rates shall be equitable to all water users and shall depend upon cost studies made by the City's employees or consultants.
[Ord. 530.031, passed 5-23-2013; Penalty, see § 50.99]
(A) 
Meters furnished by the City. Meters will be furnished, installed, owned, inspected, tested, and kept in proper operating condition by the City. The water user shall pay a connection fee as set forth in this chapter 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 Waterworks Association by the City as often as deemed necessary by the City.
[Amended 9-6-2022 by Ord. No. 50-07.01(A)]
(B) 
Meter accuracy. Service meter errors which do not exceed 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 10% load, unless a water user's rate of usage is known to be practically constant, in which case the error at such constant use will be used.
(C) 
Meter location. Meters shall be set in an accessible place on the outside of buildings, except where otherwise directed by the City. All meters shall be set horizontally and never connected into a vertical pipe. Meters outside of the buildings shall be placed in meter boxes furnished and installed by the City.
(D) 
Requested meter tests. Meter tests requested by water users shall be performed without cost to the water user if the meter is found to be in excess of 2% fast. Otherwise, the water user for whom the requested test was made will be charged for the cost of making the test.
(E) 
Water user's responsibility. The water user shall be responsible for any damage to the meter installed for his or her service for any cause other than normal wear and tear.
[Ord. 530.031, passed 5-23-2013; Penalty, see § 50.99]
(A) 
Bills will be rendered in accordance with §§ 50.30 through 50.37 of this chapter.
(B) 
Failure of the City to submit a service bill shall not excuse the water user from his or her obligation to pay for the water used when the bill is submitted. Failure to pay a bill as directed by the City's ordinances shall result in the disconnection of the service and such disconnection shall be made without the necessity of notice to the water user. Any damage resulting to the water user or any property of the water user or the landowner of the property occupied by the water user shall not be the responsibility of the City, its agents or employees. The City, its agents and employees shall not be liable to the water user or the landowner of any property used, held, occupied, rented or leased by the water user for any such damage when disconnection is made according to this subchapter, and it shall be immaterial that no notice of such disconnection was given to the water user or to said property owner.
(C) 
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 reading unusually difficult, costly or impossible, then the bills may be estimated by using, at the discretion of 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 or more water users 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 any one or more water users' bill are estimated as herein set forth.
(D) 
Bills may be submitted on a monthly, bimonthly or quarterly basis as the City may provide and direct in its actions establishing a rate schedule.
[Ord. 530.031, passed 5-23-2013; Penalty, see § 50.99]
(A) 
Water service will be discontinued to any water user or property on account of temporary vacancy of such property upon written request of the water user, without in any way affecting the agreement in force, and upon payment of all charges due as provided in this subchapter.
(B) 
In the event that water service is discontinued for any reason other than the temporary vacancy of the property, or in the event that it is discontinued and another source of water supply is used for the property, then reconnection shall be made only in the event that the minimum bill for the period of disconnection shall be paid by the water user or the owner of the property. In addition, all previously unpaid bills shall be paid before reconnection shall be allowed for such water user or property.
(C) 
In the event that an applicant for water services has purchased or otherwise acquired the property and holds title thereto and the previous landowner had discontinued water service other than because of the temporary vacancy thereof, said applicant shall not be required to pay the above reconnection charges as a result of the conduct or actions of the previous landowner but shall be required to pay only a connection charge of $50.
(D) 
In the case of a water user who was discontinued from the system for a reason other than the temporary vacancy of the property, or in the case of a landowner of such property desiring to restore service, then such water user or landowner shall pay, in addition to the charges above set forth, a reconnection charge of $50 for reconnecting said property to the system of the City.
(E) 
Except in the case of failure of the water user to pay the bill owed the City for water service, as set forth in this subchapter, the City will not discontinue the service of any water user for violation of any rule or regulation of the City, without written notice of at least two days, mailed to such customer at his or her address as shown upon the City's records, or personally delivered to the water user or a member of the household, advising the water user what rule 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 where a dangerous condition is found to exist on the water user's premises, service may be shut off without notice in advance.
(F) 
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:
(1) 
For willful or indifferent waste of water due to any cause;
(2) 
For failure to protect from injury or damage the meter and connections, or for failure to protect and maintain the service pipe, or fixtures on the property of the water user (or the property occupied by the water user) in a condition satisfactory to the City;
(3) 
For molesting or tampering by the water user, or others with the knowledge of the water user, with any meter, connections, service, pipe, curb cock, seal, valve or any other appliance of the City's controlling or regulating the water user's water supply;
(4) 
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;
(5) 
For non-payment of any account for water supplied, for water service, or for meter or service maintenance, or for any other fee or charge accruing under this subchapter, or the rate schedule of the City;
(6) 
In case of vacancy of the premises;
(7) 
For violation of any rules and regulations of the City;
(8) 
For any practice or act prohibited by the State Division of Health; or
(9) 
For failure to allow any City employee, officer, agent, or representative the right to inspect the water user's premises for any purpose set forth in this subchapter.
(G) 
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 the City.
(H) 
Water will not be turned on to any property unless there is at least one adult person therein at such time to see that all water outlets in the premises are closed to prevent damage by escaping water.
(I) 
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.
[Ord. 530.031, passed 5-23-2013; Penalty, see § 50.99]
The City may make specific water service contracts with the United States of America and its agencies, the state and its agencies, school districts and municipal corporations and all other political subdivisions of the state and of the United States of America, differing from stipulations set out in the rate schedule and this subchapter. Such contracts must receive written approval by the State Director before being placed in effect.
[Ord. 530.031, passed 5-23-2013; amended 9-6-2022 by Ord. No. 50-11.01]
In making a future connection to an applicant for water service after the completion of the original water system of the City, the City 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, at the discretion of the City, but said fee shall in no event be less than $2,500. In addition to the said fee, the City shall charge for the current cost of the water meter and antenna assembly.
[Ord. 530.031, passed 5-23-2013]
(A) 
Extensions of water mains and lines shall be made by the City upon written application on a form approved by the City.
(B) 
If said application is approved, the main or line shall be extended provided that:
(1) 
Applicant pays all construction, engineering and legal expense of such extension. Said payment shall be made in advance to the City or at the discretion of the City may be placed in a special escrow account. If the cost and expense of such construction is not ascertainable, the cost thereof shall be estimated and said amount shall be paid the 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 the right to make such extension, or before entering into an agreement therefor, the City shall first determine that the extension will not materially affect in an adverse manner the service rendered to any existing customers of the City. In the event the City determines, based upon information furnished by its employees and consultants, that such extension would have a material adverse effect upon existing water users of the City, then the City shall not permit such extension;
(3) 
In the event the applicant desires to perform the construction, the applicant shall pay all engineering, legal and administrative costs incurred by the City incident to the approval of the plans and specifications for construction of the improvements, the perfecting of all rights-of-way and other costs incident to the construction:
(a) 
The construction and materials shall be inspected by a qualified inspector, furnished by the City. The cost of this inspector shall be borne by the applicant;
(b) 
Upon satisfactory completion and testing, the improvements shall be dedicated, free and clear of all encumbrances, to the City; and
(c) 
All plans and specifications for main extensions or improvements will be approved by the City and the appropriate agency of the state.
[Ord. 530.031, passed 5-23-2013]
(A) 
In the event that service is desired by a landowner of a multiple-unit residence, then the landowner shall be required to acquire a water meter for each unit, or in the alternative, to enter into a special written agreement with the City whereby all units of such residence are served by one water meter, that the total gallons used during each billing period, as determined by the rate schedule resolution 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 resolution 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, the landowner of the property shall be responsible for payment of all such bills of all units contained within any multiple-unit residence, and that the amount of the water meter deposit shall be determined by the City as herein set forth.
(B) 
The City shall be the sole judge and shall have full authority to determine how many units are contained in a residence and such determination shall be final and binding upon the landowner of any such residence and upon any water user therein.
[Ord. 530.031, passed 5-23-2013]
(A) 
In the event that a trailer court, also known as a mobile home court, desires service, the landowner shall be required to acquire a water meter for each trailer space, or in the alternative, to enter into a special agreement with the City whereby all units of such trailer court are served by one water meter, but the total gallons used during each billing period by the trailer court shall be divided by the number of units using water during such billing. The water used shall be charged to each individual unit on a pro-rata basis, as though such amount of water was used for such billing period by an individual user, and the landowner of the trailer court shall pay as a bill for such billing period the total of such bills computed as above set forth. The amount of the water meter deposit shall be determined by the City as set forth in this subchapter.
(B) 
The number of trailers using water during each billing period shall be the number of trailer locations actually served during such time and the City, its employees, and agents shall determine how many such units are served, and such determination shall be final and binding upon the landowner of the trailer court.
[Ord. 530.031, passed 5-23-2013]
The Board has the exclusive power to authorize tank sales or sales in bulk of water from such supply heads as it may designate at the rates to be determined by the City. The City may prohibit the sale of water in bulk to any user or non-user when water service is available from the City.
[Ord. 530.031, passed 5-23-2013]
(A) 
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 can not and does not guarantee that such will not occur.
(B) 
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.
[Ord. 530.031, passed 5-23-2013; Penalty, see § 50.99]
(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 of intent of this subchapter or the laws of the state.
(C) 
Any complaint against the service or employees of the City should be made at the office of the City 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.
(E) 
In the event the total water supply shall be insufficient to meet all of the needs of the water users, or in the event there is a shortage of water, the City may pro-rate 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 the needs of the water users for domestic purposes before supplying any water for livestock purposes and must satisfy the needs of all the water users for domestic and livestock purposes before supplying water for other purposes.
[Ord. 530.031, passed 5-23-2013]
This subchapter may be amended at any regular meeting of the City or at any special meeting thereof called for such purpose.
[Added Ord. 50.19, passed 7-11-2017]
(A) 
Definitions. For the purposes of this section the following terms shall be deemed to have the meaning indicated below:
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 flood 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. In no case shall the gap be less than one inch.
APPROVED
As herein used in reference to a water supply system or backflow prevention device (or method) shall mean one that has been approved by the state regulatory agency.
AUXILIARY SUPPLY
Any water source or system, other than the public water supply, that may be available in the building or premises.
BACK PRESSURE
Backflow caused by a pump, elevated tank, boiler, or other means that could create pressure within the system greater than the supply pressure.
BACK SIPHONAGE
A form of backflow due to a negative or subatmospheric pressure within a water system.
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
A device to counteract back pressures or prevent back siphonage.
CONSUMER
The owner or operator of a private potable-water system served by a public potable-water system.
CROSS-CONNECTION
Any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains, or may contain, contaminated water, sewage, or other waste or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices, and other temporary or permanent devices through which, or because of which, backflow could occur are considered to be cross-connections.
CROSS-CONNECTION, POINT OF
The specific point or location in a public or a consumer's potable-water system where a cross-connection exists.
DOUBLE CHECK VALVE ASSEMBLY
An assembly composed of two single, independently acting check valves, including tightly closing shutoff valves located at each end of the assembly and suitable connections for in-line testing the water-tightness of each check valve.
HAZARD, DEGREE OF
Expresses the results of an evaluation of a health, system, or plumbing hazard.
HAZARD, HEALTH
Any condition, device, or practice in a water supply system and its operation that creates, or may create, a danger to the health and well-being of a consumer.
HAZARD, PLUMBING
A cross-connection in a consumer's potable water system that may permit back siphonage in the event of a negative pressure in the supply line. (Unprotected plumbing-type cross-connections are considered to be health hazards. They include, but are not limited to, faulty connections to fixtures such as toilets, sinks, tubs, lavatories, wash trays, and domestic washing machines.)
INDUSTRIAL FLUIDS
Any fluid or solution that may chemically, biologically, or physically degrade the approved water supply.
INDUSTRIAL LINE
A separate water piping system serving waterusing devices, with a backflow preventer or air gap separation on this line at the point of takeoff from the potable-water line.
INDUSTRIAL PIPING SYSTEM, CONSUMERS
A system used by a consumer for transmission or storage of anything (fluid, solid, or gas) other than the water supply intended or used for human consumption or food processing. (Such a system would include all pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce, convey, or store substances that are or may be polluted.)
LABORATORY, APPROVE TESTING
One that is approved by the appropriate health agency and water laboratory and is properly staffed and equipped with pumps, meters, measuring devices, and other equipment to test and evaluate fully a backflow prevention device for design, materials, construction, and operation.
NONPOTABLE WATER
Water not safe for drinking, personal, or culinary use.
POLLUTION
The presence in water of any foreign substance (organic, inorganic, radiologic, or biologic) that tends to degrade its quality so as to constitute a hazard or to impair its potability or usefulness.
POTABLE WATER
Water that is safe for drinking, personal, or culinary use.
PUBLIC WATER SUPPLY
Any system of water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission and distribution facilities where water is furnished to any community, collection or number of individuals, or is made available to the public for human consumption or domestic use, but excluding water supplies serving one single-family residence.
REDUCED PRESSURE PRINCIPAL BACKFLOW PREVENTION DEVICE
A device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shutoff valves, and equipped with necessary appurtenances for in-line testing. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere thereby providing an air-gap in the device.
SERVICE CONNECTION
The terminal end of a service from the public potable-water system; that is, where the water purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the consumer's water system. If a meter is installed at the end of the service connection, then "service connection" means the downstream end of the meter.
WATER SUPERVISOR
The consumer or his deputy charged with the responsibility of maintaining a consumer's water system free from cross-connections and other sanitary defects. (A certified backflow prevention device tester should not act as a water supervisor unless he is a full-time employee of the consumer, having the day-to-day responsibility for the installation and use of pipelines and equipment on the premises and for the avoidance of cross-connections.)
WATER SUPPLY, APPROVED
Any public or consumer's potable water supply that has been investigated and approved by the state agency having jurisdiction.
WATER SYSTEM, PUBLIC POTABLE
Any publicly owned domestic water system operated under public-health supervision. Such a system includes all sources, facilities, and appurtenances between the source and the point of delivery, such as valves, pumps, pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce, convey, treat, or store a potable water for public consumption or use.
WATER, DELIVERED
Any water supplied from a public potable water system to a consumer's water system after it has passed the point of delivery and is no longer under the sanitary control of the water system operator.
(B) 
Purpose. The purpose of this section is to establish a cross-connection control program to protect the health of water consumers by the control of actual and/or potential cross-connections through the proper installation and surveillance of backflow prevention devices on service lines leading to premises where cross-connections exist or are likely to occur and through the inspection and regulation of plumbing within the premises to minimize the danger of contamination of the water system on the premises or the public water supply itself.
(1) 
Protecting these supplies against contamination or pollution resulting from backflow of objectionable fluids through cross-connections.
(2) 
Protecting these supplies at the service connection by isolating within the consumer's premises pollution or contamination that may result from backflow through cross-connections.
(3) 
Providing means whereby an industrial consumer may utilize a separate system for his industrial uses so as to prevent possible pollution or contamination of his internal potable water system.
(C) 
Implementation. The implementation of the program to control cross-connections requires cooperation between the customer and the City Water Department. The City Water Department has primary responsibility to prevent contamination of the public water supply through cross-connections. The customers served and the City Water Department are jointly responsible for preventing contamination of the water system within the customer's premises. An effective control program requires attention to both of these. Backflow prevention devices are not a substitute for a continuing and aggressive program of cross-connection investigation, surveillance and control.
(D) 
Interpretations. These regulations will be reasonably interpreted by the City Water Department. It is the Department'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.
(E) 
Cross-connections. All cross-connections, whether or not such cross-connections are controlled by automatic devices, such as check valves or by hand-operated mechanisms such as gate valves or stop cocks, are hereby prohibited.
(F) 
Enforcement. Failure on the part of persons, firms, or corporations to discontinue the use of any and all cross-connections and to physically separate such cross-connections will be sufficient cause for the discontinuance of the public water service to the premises on which the cross-connection exists.
(G) 
Inspection. The City Water Department shall make periodic inspections of premises served by the water supply to check for the presence of cross-connections. Any cross-connections found in such inspection shall be ordered removed by the Department. If an immediate hazard to health is caused by the cross-connection, water service to the premises shall be discontinued until it is verified that the cross-connection has been removed.
(H) 
Installation. Backflow prevention devices shall be installed at the service connection or within any premises where in the judgment of the City Water Department 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 does not exist at the time the backflow prevention device is required to be installed. This shall include but not be limited to the following situations:
(1) 
Premises having an auxiliary water supply, unless the quality of the auxiliary supply is in compliance with local standards, and is acceptable to the Department.
(2) 
Premises having internal cross-connections that are not correctable, or intricate plumbing arrangements which make it impracticable to ascertain whether or not cross-connections exist.
(3) 
Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist.
(4) 
Premises having a repeated history of cross-connections being established or re-established.
(5) 
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.
(6) 
Premises where materials of a toxic or hazardous nature are handled such that if back siphonage should occur, a serious health hazard may result.
(7) 
The following types of facilities will fall into one of the above categories where a backflow prevention device is required to protect the public water supply. A backflow prevention device shall be installed at these facilities unless the Department determines no hazard exists. Partial list: Hospitals, mortuaries, clinics, laboratories, schools with laboratories, nursing homes, sewage treatment plants, food or beverage processing plants, chemical plants using a water process, metal plating industries, petroleum processing or storage plants, radioactive material processing plants or nuclear reactors, laundry and dyeing facilities, paper processing plants, auxiliary water systems, cooling systems, farming operations, fire protection systems, sprinkler systems filled with anti-freeze solutions, film processing equipment, irrigation systems, storage tanks, cooling towers, and circulating systems, steam generating systems, water treatment plants.
(I) 
Equipment.
[Amended Ord. 50.19.01, passed 10-7-2019]
(1) 
The type of protective device required shall be determined by the City Water Department and shall depend on the degree of hazard which exists.
(2) 
An air gap separation or a reduced pressure principle backflow prevention device shall be installed where the water supply may be contaminated with sewage, industrial waste of a toxic nature or other contaminant which would cause a health or system hazard.
(3) 
In the case of a substance which may be objectionable but not hazardous to health, a double check valve assembly, air gap separation or a reduced pressure principle backflow prevention device shall be installed.
(4) 
Backflow prevention devices shall be installed at a location designated by the Department. The device shall be located so as to be readily accessible for maintenance and testing, and where no part of the device will be submerged.
(5) 
Backflow prevention devices shall be installed by a certified plumber at the customer's expense.
(6) 
Any protective device required in this section shall be a model approved by the Department. A double check valve assembly or a reduced pressure principle backflow prevention device will be approved.
(7) 
The City shall require all businesses to mount check valves on all outside hydrants or spigots.
(J) 
Annual inspection. Backflow prevention devices shall be annually inspected and tested by a certified backflow plumber at the customer's expense, or more often where successive inspections indicate repeated failure. The devices shall be repaired, overhauled, or replaced by the plumber at the customer's expense whenever they are found to be defective. Inspections, tests and repairs and records thereof shall be performed by the plumber at the customer's expense. Failure of the customer to cooperate in the installation, maintenance, testing or inspection of backflow prevention devices required in this section shall be grounds for the termination of water to the premises.
[Amended Ord. 50.19.01, passed 10-7-2019]
[Added Ord. 50.20, passed 7-11-2017]
(A) 
Purpose and application; policy.
(1) 
Purpose. The purpose of this section is:
(a) 
To ban the use of lead materials in the public drinking water system and private plumbing connected to the public drinking water system; and
(b) 
To protect City residents from lead contamination in the City's public drinking water system and their own private plumbing systems.
(2) 
Application. This section shall apply to all premises served by the public drinking water system of the City of Hawk Point.
(3) 
Policy. This section will be reasonably interpreted by the City of Hawk Point. It is the City's intent to ban the use of lead-based material in the construction or modification of the City's drinking water system or private plumbing connected to the City system. The cooperation of all consumers is required to implement the lead ban. If, in the judgment of the City or its authorized representative, lead-based materials have been used in new construction or modifications after January 1, 1989, due notice shall be given to the consumer. The consumer shall immediately comply by having the lead-based materials removed from the plumbing system and replaced with lead-free materials. If the lead-based materials are not removed from the plumbing system, the City shall have the right to discontinue water service to the premises.
(B) 
Definitions. The following definitions shall apply in the interpretation and enforcement of this section.
CITY OF HAWK POINT
The owner, operator, or individual in responsible charge of a public water system.
CONSUMER
The owner or person in control of any premises supplied by or in any manner connected to a public water system.
LEAD-BASED MATERIALS
Any material containing lead in excess of the quantities specified in this section.
LEAD-FREE
(1) 
When used with respect to solder and flux, refers to solders and flux containing not more than 0.2% lead; and
(2) 
When used with respect to pipes and pipe fittings, refers to pipes and pipe fittings containing not more than 8.0% lead.
PUBLIC DRINKING 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.
(C) 
Lead banned from drinking water plumbing.
(1) 
No water service connection shall be installed or maintained to any premises where lead-based materials were used in new construction or modifications of the drinking water plumbing after January 1, 1989.
(2) 
If a premises is found to be in violation of this section, water service shall be discontinued until such time that the drinking water plumbing is lead-free.
[Ord. 530.150, passed 5-2-2011]
(A) 
The City Clerk, or his or her designated agent, shall provide each utility service customer with a monthly bill. The bill shall be sent by regular, first-class mail, postage prepaid, to the address listed on the customer's application. The due date shall be the first day of the month and past due after the 15th day of the month.
(B) 
The bill may provide an amount due if the bill is paid by the due date and an amount due if the bill is paid after the due date. The amount due if the bill is paid by the due date shall be according to the rates set by the Board of Aldermen. The amount due if the bill is paid after the due date shall be an additional 10%. This payment structure shall not be considered a penalty for late payment but rather a discount for prompt payment.
(C) 
The customer's failure to receive a bill for any reason shall not relieve the customer of the obligation to pay any amount due to the City for utility services actually provided.
(D) 
In the event the customer fails to pay the full amount due by the 15th day of the month, the services shall be terminated on the following business day and the customer shall be charged no less than $50 for same. If the following business day after the 15th day of the month falls on a Friday or the day preceding a holiday that City Hall is closed, services shall be terminated on the second business day. The customer must pay all charges in full to have services restored.
(E) 
In the event the customer fails to bring the account current and have services restored by the 13th day of the month, the meter shall be removed and the account shall be turned over to the City Attorney for collection. Once the account is turned over to the City Attorney, the customer shall be responsible for attorney's fees, service fees, court costs and other costs incurred to collect the amounts due.
(F) 
In the event the customer voluntarily terminates service, the City Clerk shall prepare and mail a final bill with the next billing cycle.
(1) 
The final bill shall be mailed to the forwarding address provided to the City Clerk at the time of termination or to the last mailing address known to the City Clerk.
(2) 
The final bill shall be due upon receipt.
(3) 
In the event the final bill is not paid by the 30th day after mailing, the account shall be turned over to the City Attorney for collection. Once the account is turned over to the City Attorney, the customer shall be responsible for attorney's fees, service fees, court costs and other costs incurred to collect the amounts due.
[Ord. 530.150, passed 5-2-2011]
In the event a bad check is received for a utility service account more than one time in a one-year period, the account must subsequently be paid by cash, money order, or cashier's check. There will be a $50 fee for disconnecting a service due to a bad check, which is in addition to all other fees in the City code.
[Ord. 530.150, passed 5-2-2011]
In the event that a customer requests voluntary disconnection of a service due to maintenance of any kind, a fee of $30 will be added to the next regular bill for the service. Reconnection will be done at no additional charge.
[Ord. 530.150, passed 5-2-2011]
Any or all utility services may be immediately terminated without notice to the customer for the following reasons:
(A) 
For non-payment of amount due by the 15th day of the month;
(B) 
For payment with a check which is returned to the City for any reason; and/or
(C) 
For any violation of this chapter as determined in the sole discretion of the Mayor and the Public Works Superintendent.
[Ord. 530.150, passed 5-2-2011; Penalty, see § 50.99]
All bills for utility services may be estimated when, for any reason, the meter cannot be read or the charges cannot be precisely determined. The City Clerk, or his or her designated agent, shall make such estimate, considering the average use of the customer over the previous six-month period. Such estimated bills shall be due and payable as are all other bills rendered under this code.
[Ord. 530.150, passed 5-2-2011]
(A) 
Landlord for the purpose of this section, is hereby defined as a property owner who does not occupy a premises.
(B) 
Every landlord shall be jointly and severally liable with the occupant for utility services. However, in no case shall a landlord be responsible for more than three months' utility service charges, plus disconnection charges, if any, attorney's fees, service fees, court costs and other costs incurred to collect. Notwithstanding this limit of liability, a landlord shall be solely responsible for utility services for which the landlord applies in his or her name.
(C) 
In the event an account is turned over to the City Attorney for collection, the City shall notify the landlord, if any, in writing, of the amount due. Once so notified, the landlord shall have 10 days to pay the amounts due, if any, without being held responsible for any additional charges for attorney's fees, service fees, court costs and other costs incurred to collect the amounts due.
(D) 
Notwithstanding any prior ordinances, no landlord shall be responsible for any utility service charges prior to the effective date of this subchapter.
[Ord. 530.150, passed 5-2-2011]
(A) 
Before any utility services are furnished to any person or entity, a cash deposit to guarantee the payment for said services shall be made in accordance with this subchapter.
(B) 
The deposit for residential service shall be no less than $150 and this amount may be changed by vote of the Board of Aldermen without further amendment of this subchapter. For the purpose of this section, RESIDENTIAL SERVICE shall mean utility services provided to a unit used primarily for dwelling purposes.
(C) 
The deposit for all service other than residential service shall be no less than follows and this amount may be changed by vote of the Board of Aldermen without further amendment of this section:
(1) 
Water meter less than one inch in diameter: $150;
(2) 
Water meter of one inch in diameter to less than two inches in diameter: $240;
(3) 
Water meter of two inches in diameter to less than four inches in diameter: $360; and
(4) 
Water meter of four inches in diameter or greater: $500.
(D) 
In the event a person or entity has a history of delinquent utility charges or returned checks with the City, the deposit shall be no less than double the deposit stated herein.
(E) 
The payor shall be provided with a receipt upon payment of the deposit. Whenever an account is terminated, the deposit shall be applied to the last bill and any remainder shall be returned to the payor by mail at the last known address furnished to the City Clerk. The payor shall not be entitled to interest on his or her deposit.
(F) 
Deposits described within this subchapter shall be in addition to other fees described in this code.
[Amended by Ord. 50.37.01, passed 7-18-2018]
A sewer use fee is established and created for the purpose of construction, maintenance, and improvement of public water system within the City limits and areas nearby. The charge for water service shall be based upon the total water usage of the customer according to the following rates:
Water
(gallons)
Proposed Rate
City limits
0 to 1,000 (minimum)
$21.50
Every 1,000 thereafter
$7.50
Drunert Estates/Hill Crest Estates
0 to 1,000 (minimum)
$32.25
Every 1,000 thereafter
$11.25
The Timbers/Highway 47
0 to 1,000 (minimum)
$32.25
Every 1,000 thereafter
$11.25
Any person violating any provision of this chapter for which no specific penalty is otherwise provided shall be subject to the provisions of § 10.99.