[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.
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.
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.
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.
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.
A dwelling unit housing more than one family, and such definition
shall include duplexes, triplexes, fourplexes, apartments and all
similar structures and residences.
The City of Hawk Point.
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.
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.
The STATE DIRECTOR of the USDA, Rural Development for the
state, or his or her successor.
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.
Facilities for supplying water to one residence or business
establishment located on land within the jurisdiction of the City.
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)
AIR GAP SEPARATION
APPROVED
AUXILIARY SUPPLY
BACK PRESSURE
BACK SIPHONAGE
BACKFLOW
BACKFLOW PREVENTION DEVICE
CONSUMER
CROSS-CONNECTION
CROSS-CONNECTION, POINT OF
DOUBLE CHECK VALVE ASSEMBLY
HAZARD, DEGREE OF
HAZARD, HEALTH
HAZARD, PLUMBING
INDUSTRIAL FLUIDS
INDUSTRIAL LINE
INDUSTRIAL PIPING SYSTEM, CONSUMERS
LABORATORY, APPROVE TESTING
NONPOTABLE WATER
POLLUTION
POTABLE WATER
PUBLIC WATER SUPPLY
REDUCED PRESSURE PRINCIPAL BACKFLOW PREVENTION DEVICE
SERVICE CONNECTION
WATER SUPERVISOR
WATER SUPPLY, APPROVED
WATER SYSTEM, PUBLIC POTABLE
WATER, DELIVERED
Definitions. For the purposes of this section the following terms
shall be deemed to have the meaning indicated below:
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.
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.
Any water source or system, other than the public water supply,
that may be available in the building or premises.
Backflow caused by a pump, elevated tank, boiler, or other
means that could create pressure within the system greater than the
supply pressure.
A form of backflow due to a negative or subatmospheric pressure
within a water system.
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.
A device to counteract back pressures or prevent back siphonage.
The owner or operator of a private potable-water system served
by a public potable-water system.
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.
The specific point or location in a public or a consumer's
potable-water system where a cross-connection exists.
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.
Expresses the results of an evaluation of a health, system,
or plumbing hazard.
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.
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.)
Any fluid or solution that may chemically, biologically,
or physically degrade the approved water supply.
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.
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.)
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.
Water not safe for drinking, personal, or culinary use.
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.
Water that is safe for drinking, personal, or culinary use.
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.
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.
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.
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.)
Any public or consumer's potable water supply that has been
investigated and approved by the state agency having jurisdiction.
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.
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:
(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)
CITY OF HAWK POINT
CONSUMER
LEAD-BASED MATERIALS
LEAD-FREE
PUBLIC DRINKING WATER SYSTEM
Definitions. The following definitions shall apply in the interpretation
and enforcement of this section.
The owner, operator, or individual in responsible charge
of a public water system.
The owner or person in control of any premises supplied by
or in any manner connected to a public water system.
Any material containing lead in excess of the quantities
specified in this section.
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:
[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:
(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.
