[R.O. 2006 §705.010; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
These rules and regulations 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. Any
amendment or change to these rules and regulations 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.
If any portion of these rules and regulations shall be declared invalid
by competent authority, such invalidity shall not affect the validity
of the remaining portion.
[R.O. 2006 §705.015; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
All persons, corporations or other entities that make any extensions
or improvements to the municipal water system of the City shall comply
with all applicable provisions of the latest edition of the Design
Standards, Standard Drawing Details and the Construction Specifications.
[R.O. 2006 §705.020; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
The following expressions, words and terms, when used herein,
shall have the meaning stated below:
Any individual, firm, partnership, corporation, the Federal
or State Government, or any unit, agency, political corporation or
subdivision of either the Federal or State Government, or other agency
applying for a water user's agreement.
Any device, method or type of construction intended to prevent
backflow into a potable water system.
The Board of Aldermen of the City.
The City of Ozark, Missouri.
City of Ozark's Construction Specifications for Public Improvements.
Copies of this document may be viewed on the City's website at www.ozarkmissouri.com
or at the Public Works Department.
City of Ozark's Design Standards for Public Improvements.
Copies of this document may be viewed on the City's website at www.ozarkmissouri.com
or at the Public Works Department.
Director of Public Works.
Missouri Department of Natural Resources.
Any devices and systems for the storage, treatment, recycling
and distribution of water that have been either dedicated to the City
or constructed by the City and maintained by the City. It is defined
as the area where the City's water system is available to provide
water service. These include transmission and distribution lines,
individual systems, pumping, power and other equipment and their appurtenances;
extensions, improvements, and alterations thereof; elements essential
to provide a reliable water supply, including site acquisition of
land.
Any person owning property served by the municipal water
system or who has a leasehold interest therein with more than a year
to run. The term "owner" 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 these
rules and regulations, and the remaindermen shall be bound by these
rules and regulations in all respects.
Any individual, firm, company, association, society, corporation
or group.
This 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 these rules and regulations. Service shall be
considered as available when the City maintains the water supply at
a minimum of twenty (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.
City of Ozark's Standard Drawing Details for Public Improvements.
Copies of this document may be viewed on the City's website at www.ozarkmissouri.com
or at the Public Works Department.
A single dwelling unit providing complete independent living
facilities for one (1) or more persons. For example, a duplex typically
consists of two (2) units.
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 services, or to whom water services are made available
from the City's facilities pursuant to a written water user's agreement.
Shall consist of facilities for supplying water to one (1)
residence or business establishment located within the availability
of the municipal water system.
The written contract between the water user and the City
pursuant to which water service is supplied or made available.
[Ord. No. 21-092, 11-1-2021]
A.
This
Section is established to provide necessary information and assist
in the process of connecting to City of Ozark water or sewer utilities.
B.
The
City of Ozark Planning and Development Department shall be contacted
for the necessary permits and fee payments. The availability of required
capacity shall also be verified with the City of Ozark Public Works
Department.
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205 N 1st St.
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Ozark, Missouri 65721
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Ph 417-581-2407
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C.
The
City of Ozark Water Department shall be contacted to establish a utility
account and to pay the required deposits.
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205 N 1st St.
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Ozark, Missouri 65721
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Ph 417-581-2407
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D.
Annexation
Required When. For properties outside the City limits of the City
of Ozark, that make application with the City to receive connection
to the municipal water system or the public sanitary sewer system,
annexation shall be required as follows:
1.
Where the property is compact and contiguous:
a.
And, with approval of the application, the property will be connected
to both the municipal water system and the public sanitary sewer system,
the property owner(s) shall be required to annex;
b.
And, with approval of the application, the property will be connected
to one (1) public utility but not the other, the property owner(s)
shall sign an irrevocable consent to annex that shall be recorded
in the Christian County Recorder of Deeds Office and run with the
land, requiring annexation upon connection to the other public utility.
2.
Where the property is not compact and contiguous:
a.
And, with approval of the application, the property will receive
connection to one (1) or both public utilities, the property owner(s)
shall sign an irrevocable consent to annex that shall be recorded
in the Christian County Recorder of Deeds Office and run with the
land, requiring annexation upon receiving connection to both public
utilities and becoming compact and contiguous.
3.
When the property is either compact and contiguous or not, and the
application for connection to the City utility is desired due to an
environmental concern, as supported by documentation deemed to satisfactory
by the Director of Public Works, or his/her designee, the property
owner(s) shall sign an irrevocable consent to annex that shall be
recorded in the Christian County Recorder of Deeds office and run
with the land, requiring annexation at a future time upon notice of
the City.
E.
The
monthly utility rate for properties outside of the City of Ozark limits
is charged at one and one-half (1 1/2) times the rate for properties
within the City of Ozark limits.
F.
It
is the property owner's responsibility to obtain any utility easement
required to accomplish the utility connections. Any engineering or
surveying office may be contacted for assistance in establishment
of easements.
G.
Depending
upon the distance from an existing water or sewer main, a sewer main
or water main extension may be required in lieu of service lines only.
This shall require coordination with the City of Ozark Public Works
Department.
H.
Contact
the City of Ozark Public Works Department for any required construction
details.
[R.O. 2006 §705.030; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011; Ord.
No. 21-092, 11-1-2021]
A.
Owner(s)
of all houses, buildings or properties used for human occupancy, employment,
recreation or other purposes, situated within the availability of
the municipal water system and abutting on any utility easement or
right-of-way in which there is now located or may in the future be
located access to the municipal water system within three hundred
(300) feet (91.5 meters) of the property line, and are planning improvements
related to water utilities are hereby required at his/her expense
to connect to such facilities in accordance with the provisions of
this Chapter.
B.
New
privately owned wells or new privately owned public water systems
are not permitted within the limits of the municipal water system,
except when the property owner(s) demonstrate an environmental need
to the Director of Public Works, or his/her designee, or if the City
determines it is not economically feasible for the City to extend
the municipal water system within a reasonable distance to the property.
C.
No
statement contained in this Chapter shall be construed to interfere
with any additional requirements that may be imposed by the State
or County Department of Health or the State Department of Natural
Resources.
D.
Upon approval of an application to connect to the municipal water system, customers that connect must physically disconnect from the existing private system or well in accordance with the City's cross-connection control ordinance (Chapter 720). The well shall then be properly plugged in accordance with guidelines established by the Missouri Department of Natural Resources Division of Geology and Land Survey (DGLS). A well may only be kept if it remains physically disconnected from the municipal water supply's distribution, has a functional pump, is connected to an electrical service, and is pumped at least once in a twelve (12) month period.
E.
Upon
connecting to the municipal water system, the appropriate DNR regional
office shall be notified in writing by the well owner that the connection(s)
have been completed.
[R.O. 2006 §705.040; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
Before connecting to the municipal water system, any person
requesting water service from the City shall pay to the City a deposit
to secure the future payment of water bills to be in an amount as
established and periodically adjusted at the discretion of the Board.
The resolution setting said deposit shall be available for public
review in the billing office.
[R.O. 2006 §705.050; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
Applicants 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.
[R.O. 2006 §705.060; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
A.
Monthly Billing. All users shall be billed on a
monthly basis. Payments are due when the billings are received. Any
payment not received within fifteen (15) days after the billing date
shall be considered delinquent.
[Ord. No. 14-006 §1, 2-3-2014]
B.
Delinquent Payment. (A) late payment penalty of ten percent (10%) of the user charge will be added to each bill considered delinquent as provided in Subsection (A) above.
[Ord. No. 14-006 §1, 2-3-2014]
1.
If any bill rendered pursuant to Subsection (A) above is not paid in full or as authorized by the Utility Billing Supervisor as set forth in Subsection (B)(2) below, within twenty-five (25) days after the billing date, water service shall be disconnected. If the billing remains delinquent for forty-five (45) days from the date of billing, then the deposit required by Section 700.040 shall be applied to the account to satisfy the delinquency without further notice to the user.
2.
Partial payments for the continuance of services in lieu of full
payments may be approved at the discretion of the Utility Billing
Supervisor.
C.
Any
damage resulting from the discontinuance of service to the water user,
of any property of the water user, or the owner 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 owner of any property used, held,
occupied, rented or leased by the water user for any such damage when
disconnection is made according to these rules and regulations.
D.
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 threatening to the health or
welfare of the City's agents or employees, then the metered use for
that period may be estimated for any or all users by one (1) of the
following methods at the discretion of the City:
1.
The average monthly metered usage for the previous two (2) or three
(3) months.
2.
The metered usage for the same month in the previous year.
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The City shall make reasonable effort to read actual usage at
the next billing cycle. The first (1st) billing cycle in which metered
use is read shall rectify any under or over estimation of usage.
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[R.O. 2006 §705.070; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
A.
Water
service will be discontinued to any water user or property on account
of temporary vacancy of such property upon written request of the
water user without in any way affecting the agreement in force and
upon payment of all charges due as provided in the rules and regulations
of the City.
B.
In
the event that water service is discontinued for any reason other
than the temporary vacancy of the property, then reconnection shall
be made only in the event that all unpaid bills, including all penalties
and fees, 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 owner
had discontinued water service other than because of the temporary
vacancy thereof, said applicant shall not be required to pay the below
reconnection charge nor the above penalties and fees as a result of
the conduct or actions of the previous owner but shall be required
to have a deposit on file.
D.
In
the case of a water user who had been discontinued from the system
for a reason other than the vacancy of the property, then such water
user or owner shall pay a reconnection charge of an amount as established
and periodically adjusted at the discretion of the Board
E.
In
the case of a water user who had been discontinued from the system
for failure to supply required backflow inspection reports to the
City, then such water user or owner shall provide a copy of a current
backflow assembly inspection report and shall pay the reconnection
charge.
F.
Except
in the case of failure of the water user to pay the bill owed the
City for water service as set forth in these rules and regulations,
the City will not discontinue the service of any water user for violation
of any rule or regulation of the City without written notice mailed
to such customer at his/her address as shown upon the City's records,
or personally delivered to the water user or a member of 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 regulation 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.
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 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, connection, service pipe,
curb cock, seal, valve or any other appliances 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 these rules and regulations and 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 Missouri Division of Health.
9.
For failure to allow any City's employee, officer, agent or representative
the right to inspect the water user's premises for any purpose set
forth in these rules and regulations.
10.
For failure to test backflow assemblies in accordance with the City's
Cross-Connection Control Policy.
G.
The discontinuance of the supply of water to a property, as provided
in this Chapter for any reason shall not prevent the City from pursuing
any other lawful remedy for the collection of monies due from the
water user or property owner. In the event that it becomes necessary
for the City to file actions in the Circuit Court of Christian County
to collect delinquent amounts owed for water services, fees and penalties,
in addition to any other provable damages, the City shall be allowed
to collect a reasonable attorney's fee and the costs of the litigation.
[Ord. No. 14-006 §2, 2-3-2014]
H.
Only
an employee, or a person authorized by the City, may turn water on
or off and all applicants and water users are expressly forbidden
to do so.
[R.O. 2006 §705.080; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 01-019 §1, 3-19-2001; Ord.
No. 11-017 §1, 6-20-2011]
A.
Readiness To Accept. Before installing a service extension
and providing water, the City may require the applicant to pipe his/her
home and be in readiness to accept the service.
B.
Continuity Of Service. The City will make all reasonable
efforts to supply continuous, uninterrupted service. However, the
City shall have the right to interrupt service for the purpose of
making repairs, connections, extensions or for other necessary work
to the municipal water system. Efforts will be made to notify water
users whenever possible who may be affected by such interruptions.
C.
Services. All permit and inspection fees shall be acquired
prior to construction. The owner or water user applicant will be responsible
for the construction and cost to install the meter assembly and all
appurtenances necessary to establish service. All such construction
must conform to the latest edition of the Design Standards, Standard
Drawing Details and the Construction Specifications.
D.
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.
E.
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. The inspector shall present proper credentials when conducting
a site inspection. Whenever the City determines that a plumbing job
is obviously defective, although not in direct violation, the City
may require that it be corrected before the water will be turned on.
The user shall conform to the type of materials and the standard of
workmanship as indicated in the Design Standards, Standard Drawing
Details and the Construction Specifications. All such materials and
workmanship shall be subject to the approval of the City.
F.
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
a short period will not be permitted except through intercepting or
intermediate storage tanks.
G.
Check Valves, Flush Valves, Backflow Assemblies And Vacuum Breakers. Water users having boilers or hot water systems connected with mains
of the City must have a check valve and/or a backflow assembly for
boilers in the supply pipe to the boilers and 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. Backflow assemblies shall be required
to be installed in all in-ground sprinkler and/or irrigation systems
and shall be inspected annually and the results of such tests shall
be provided to the City.
H.
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. The applicant may install additional private
supply/storage systems required for any excessive water requirements.
The supply/storage system shall adhere to the City's standards and
long-range planning efforts of the municipal water system. Final approval
of a supply/storage system shall be determined by the Director. All
cost incurred for such improvements and for future maintenance shall
be the responsibility of the applicant.
I.
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.
J.
Additional Requirements.
1.
All service pipes shall be laid at all points at least thirty (30)
inches below the surface of the ground and shall be placed on firm
and continuous earth so as to give unyielding and permanent support.
The City shall not be responsible for damage of any service lines
due to freezing or excavation activities. They shall not be laid in
sewer ditches. It shall be installed in the trench with a minimum
of ten (10) feet of horizontal and eighteen (18) inches vertical separation
provided between water lines and sewer lines, in undisturbed earth,
separate from any other trench wherein are laid gas pipe, sewer pipe
or other utility, public or private. Such service line shall not pass
through premises other than that to be supplied unless the City shall
so agree in writing.
2.
Water user shall, at his/her own cost and expense, make all changes
in the service pipe required or rendered necessary on account of changes
in the street grades, relocation of mains or other causes.
3.
No fixture shall be attached to, or any branch made in, the service
pipe between the main of the City and the meter.
4.
A separate and independent water service shall be provided for every
building.
5.
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/her sole expense and risk.
6.
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.
7.
The City shall in no event be liable for any damage done or inconvenience
caused by reason of any break, leak or defect in, or by water escaping
from service pipes, or from fixtures on the premises of the owner
or water user. The water user shall be billed in the usual manner
for the cost of all such water according to the rate schedule of the
City as provided for in these rules and regulations.
K.
No One But 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.
L.
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, etc. 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.
[R.O. 2006 §705.090; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
A.
Meters Owned By City. Meters will be owned, inspected, tested
and kept in proper operating condition by the City, without cost to
the water user, except that such water user shall pay a water capacity
fee as set forth in these rules and regulations, which shall not be
refundable. The complete record of tests and histories of meters will
be kept if deemed necessary by the City. Meter tests will be made
according to methods of the American Waterworks Association by the
City as often as deemed necessary by the City.
B.
Meter Accuracy. Service meter errors which do not exceed
two percent (2%) fast or slow shall be considered as being within
the allowable limits of accuracy for billing purposes. The percentage
of error will be considered at that arrived at by taking the average
of the error at full load and that at ten percent (10%) load, unless
a water user's rate of usage is known to be practically constant,
in which case the error at such constant use will be used.
C.
Meter Location. Meters shall be set in an accessible place
on the outside of buildings, except when otherwise permitted 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 approved by the City. Refer to the Standard Drawing Details
for additional information.
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 two percent (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 and shall pay for any damage to the meter or component parts thereof,
installed for his/her service, for any cause other than normal wear
and tear.
[R.O. 2006 §705.100; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
The City may make specific water service contracts with the
United States of America and its agencies, the State of Missouri and
its agencies, school districts and municipal corporations, and all
other political subdivisions of the State of Missouri and of the United
States of America differing from stipulations set out in the rate
schedule and rules and regulations. Such contracts must receive written
approval by the State Director before being placed in effect.
[R.O. 2006 §705.110; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 03-077 §1, 9-2-2003; Ord.
No. 11-017 §1, 6-20-2011]
A.
Application
for extensions of water mains and lines shall be made by the person
desiring such extension. If said application is approved, the main
or line shall be extended provided that:
1.
The applicant shall pay all construction, engineering, easement acquisition
and legal expense of such extension.
2.
Before granting to an applicant the right to make such extension
or before entering into an agreement with the applicant, the City
shall first determine that the extension will not materially affect
in an adverse manner the service rendered to any existing customer
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,
the City shall not permit such extension or may require the applicant
to make additional improvements to the water system to prevent adverse
effects of the proposed extension. Final approval of any proposed
additional improvements shall be determined by the Director.
3.
The construction and materials shall be inspected by a qualified
inspector furnished by the City. The inspector shall present proper
credentials when conducting site inspections. Upon satisfactory completion
and testing, the improvements shall be dedicated, free and clear of
all encumbrances, to the City, unless the City deems that it should
be designated as private.
4.
All new private water main extensions shall have an approved backflow
assembly installed in a vault as close to the City's water main as
possible before water service shall be granted.
5.
The design of all main extensions or improvements shall conform to
the most recent edition of the Missouri Department of Natural Resources
Public Water Program, Design Guide for Community Public Water Supplies,
the Design Standards, Standard Drawing Details and the Construction
Specifications and must be approved by the City. A permit to construct,
issued by MODNR, will be received prior to construction, alteration
or extension of the municipal water system.
6.
No main shall be constructed that conflicts with an approved systemwide
or local master plan. When such master plan requires a size of pipe
or facility that exceeds the domestic or fire protection demands of
the area to be served by the main extension, the applicant may request
reimbursement for the documented difference in cost included by conforming
to the master plan. The applicant may receive reimbursement from future
development for oversized infrastructure as development occurs. Future
developments would be required to pay a capacity charge for connection
to existing facilities that have been oversized. The charge would
be collected by the City and reimbursed to the original developer
that installed the oversized improvements. The amount charged would
be based on the amount of capacity the future development would require.
The Board shall review and approve all such requests. The City has
the right to refuse reimbursement to the applicant at the discretion
of the Board.
[R.O. 2006 §705.130; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
A.
In
the event that a mobile home court/multiple living units desires service,
then the owner shall be required to enter into a agreement with the
City whereby all units of such mobile home court/multiple living units
are served by one (1) water meter. The bill will be based on the total
actual usage but the total billing shall not be less than the minimum
calculated for each unit. The amount of the water meter deposit/water
capacity fee shall be determined by the City as set forth in these
rules and regulations.
B.
City of Ozark mobile home relocation permit is required when any
existing mobile home that was connected to the City's water and/or
sewer is to be removed from its existing site. The purpose of this
permit is to ensure that existing water and sewer connections are
properly capped to prevent potential water loss and/or stormwater
inflow.
[Ord. No. 15-059 §1, 12-21-2015[1]]
[R.O. 2006 §705.140; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
The City 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.
[R.O. 2006 §705.150; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
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 cannot 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 supply of water caused by the breaking of machinery
or stoppage for necessary repairs, and no person shall be entitled
to damage nor have any portion of a payment refunded for any interruption
of service.
[R.O. 2006 §705.160; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
A.
No
person shall turn the water on or off at any street valve, fire hydrant,
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 these rules and regulations or the laws of the
State of Missouri.
C.
Any
complaint against the service or employees of the City should be made
at the office of the City Clerk in writing.
D.
The
service pipes, meters and fixtures on the water user's property shall
at all reasonable hours be accessible to the City for observation
or inspection.
[R.O. 2006 §705.170; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011; Ord.
No. 23-052, 8-7-2023]
A.
The Board of Aldermen, after considering pumping capacity, water
level in storage tanks, water level in production wells, water usage
rates, weather and drought conditions and such other factors as may
be deemed relevant, may declare a water system Stage I, Stage II,
or Stage III emergency by ordinance, and when so declared, no person
shall use or draw water from the City's water distribution system
in violation of the restrictions on usage applicable to the state
of emergency declared by the Board of Aldermen.
B.
Prior to declaring a state of emergency, the Board of Aldermen shall
enter into the records of the City findings of fact upon which the
decision was based and shall thereupon enter an order by ordinance
declaring a water system emergency, specifying whether the water system
emergency is of a Stage I, Stage II, or Stage III type. The emergency
determination shall be made based upon the data provided by City agents,
officers, and employees. Once the Board of Aldermen declares a water
system emergency, staff shall thereupon proceed to implement and enforce
the provisions of the ordinance and this Section.
C.
The fact of the declaration of emergency, the type of emergency,
and the restrictions on usages applicable to that type of declaration
shall be disseminated to the general public through the local broadcast
and print media and in such other manners as the Board of Aldermen,
City Administrator, and public information officer may determine is
reasonably calculated to inform the residents of and visitors to the
City of the declaration. If reasonable efforts to bring the declaration
of emergency to the public have been made, considering the seriousness
of the conditions, the time available, and the media or means available
for the dissemination of information, lack of knowledge of the declaration
of emergency shall be no defense to a violation of this Section.
D.
Stage I Emergency.
1.
As used herein, the term "Stage I Emergency" means that it shall
be unlawful for water to be used from the water distribution system
for the watering of grasses, lawns, flower gardens, trees, shrubs,
or similar vegetation; to wash any building, sidewalks, driveways
or any outdoor structure; to fill or refill any pools, hot tubs, tanks
or other vessels not used for direct public health and welfare except
when done in compliance with a watering schedule established by the
Board of Aldermen and advertised to the public pursuant to the methods
for noticed contained herein. It shall be unlawful to wash motor vehicles
of any type, trailers of any type, and other automotive or boating
equipment except when done in compliance with said watering schedule
or at a car wash that has, prior to the declaration of the state of
emergency, been issued a business registration by the City for that
purpose.
2.
Water rates for all residential service connections during a
Stage I Emergency shall be adjusted. All water used in excess of fifteen
thousand (15,000) gallons but less than twenty-five thousand (25,000)
gallons shall be charged at a rate twenty-five percent (25%) higher
than the regular rate per one thousand (1,000) gallons. All water
used in excess of twenty-five thousand (25,000) gallons shall be charged
at a rate fifty percent (50%) higher than the regular rate per one
thousand (1,000) gallons.
3.
Bulk water rates during a Stage I Emergency shall be charged
at a rate fifty percent (50%) higher than the regular rate for bulk
water per one thousand (1,000) gallons.
E.
Stage II Emergency.
1.
As used herein, the term "Stage II Emergency" means that it
shall be unlawful for water to be used from the water distribution
system for the watering of grasses, lawns, flower gardens, trees,
shrubs, or similar vegetation; to wash any building, sidewalks, driveways
or any outdoor structure; to fill or refill any pools, hot tubs, tanks
or other vessels not used for direct public health and welfare. It
shall be unlawful to wash motor vehicles of any type, trailers of
any type, and other automotive or boating equipment by any means except
at a car wash that has, prior to the declaration of the state of emergency,
been issued a business registration by the City for that purpose;
or to draw water from the City water system from any faucet or outlet
when such water is not being used for ordinary and usual domestic,
commercial, or industrial purpose.
2.
Water rates for all residential service connections during a
Stage II Emergency shall be adjusted. All water used in excess of
fifteen thousand (15,000) gallons but less than twenty-five thousand
(25,000) gallons shall be charged at a rate twenty-five percent (25%)
higher than the Stage I rate per one thousand (1,000) gallons. All
water used in excess of twenty-five thousand (25,000) gallons shall
be charged at a rate fifty percent (50%) higher than the Stage I rate
per one thousand (1,000) gallons.
3.
Bulk water rates during a Stage II Emergency shall be charged
at a rate fifty percent (50%) higher than the Stage I rate for bulk
water per one thousand (1,000) gallons.
F.
Stage III Emergency.
1.
As used herein, the term "Stage III Emergency" means that conditions
on the distribution system are critical, and all efforts are for securing
the water supply for the health and welfare of the citizens. During
a Stage III Emergency, it shall be unlawful to use water in any manner
for the watering of grasses, lawns, flower gardens, trees, shrubs,
or similar vegetation under any conditions or by any means; or to
wash any motor vehicle, trailer, or other automotive or boating equipment;
or to wash any building, sidewalks, driveways or any outdoor structure
under any conditions or by any means, including at a commercial car
wash, or to fill or refill any pools, hot tubs, tanks or other vessels
not used for direct public health and welfare.
2.
Water rates for all residential service connections during a
Stage III Emergency shall be adjusted. All water used in excess of
fifteen thousand (15,000) gallons but less than twenty-five thousand
(25,000) gallons shall be charged at a rate twenty-five percent (25%)
higher than the Stage II rate per one thousand (1,000) gallons. All
water used in excess of twenty-five thousand (25,000) gallons shall
be charged at a rate fifty percent (50%) higher than the Stage II
rate per one thousand (1,000) gallons.
3.
Violations for a Stage III Emergency may result in the loss
of service. During a Stage III Emergency, the City may curtail service
by removing the water meter and capping the service until outstanding
accounts have been satisfied. Further violation may result in the
loss of service until the state of emergency is reduced to Stage I.
4.
During a Stage III Emergency, no bulk water service is available.
A bulk service customer who uses water during a Stage III Emergency
shall be charged a rate of one hundred percent (100%) higher than
the Stage II rate per one thousand (1,000) gallons and the loss of
service until the emergency level has been removed. Further use shall
be considered theft.
G.
Once a water system emergency has been declared, staff shall provide
critical data and drought condition updates at each regular or special
meetings of the Board of Aldermen until the emergency declaration
has been lifted.
H.
At any time, the Board of Aldermen may reduce or increase the stage
of emergency or overturn the declaration of emergency by passage of
an ordinance; provided, however, should the Board of Aldermen fail
to convene a quorum within seventy-two (72) hours of the issuance
of notice of an immediate need to meet, the Board of Aldermen hereby
delegates authority to the Mayor to enter an order consistent with
this Section to address the needs of the water system.
I.
No such action of the Board of Aldermen and/or Mayor shall be a defense
to a charge of violating the provisions of this Section for acts which
occurred after the declaration became effective but prior to its modification.
J.
The following additional provisions shall be applicable to the provisions
of this Section:
1.
A declaration of emergency made under this Section shall continue
in full force and effect unless and until the stage of the declaration
is increased or reduced (in which event, the prior declaration shall
be superseded as of the date and time of the entry of the new declaration)
by action of the Board of Aldermen.
2.
In declaring a state of emergency, the Board of Aldermen, if
circumstances justify, make the declaration applicable only for specified
hours of the day or for certain specified days.
3.
Violations of this Section shall be punishable pursuant to Section 100.220 which shall not be a limitation to any other remedy available under the law. No culpable mental state shall be required for a person charged with violating the provisions of this Section to be found guilty of such violation. The owner and/or occupant of the premises upon which such illegal use shall occur, resulting in a violation of this Section, shall be deemed guilty of a violation occurring upon any such premises.
4.
The water service of any person found guilty of knowingly violating
the provisions of this Section may be disconnected from the water
distribution system, and, if so disconnected, shall not be reconnected
until they shall have paid all costs of water used and a disconnection/reconnection
fee in the amount established by ordinance which shall be placed in
the City Water Fund.
K.
Guidelines And Examples For Emergency Declaration Considerations.
Because of continually varying conditions on the water distribution
system, weather and other environmental factors, any one (1) or combination
of occurrences may be considered as benchmarks for the Board of Aldermen
making an emergency declaration. Some examples include:
1.
Water level in a well or wells that is reduced to within fifty
(50) feet above the top of the pump.
2.
Water usage in excess of pumping capacity for sustained periods
beyond normal operations.
3.
Storage capacity in one (1) or more towers being reduced during
peak periods below minimum levels for sustained periods.
5.
Water levels in the aquifer reach two hundred sixty (260) feet
below ground level.
L.
City Facilities And Operations. During a declared water system emergency,
all City departments and facilities shall reduce certain operations
that may contribute to further escalation of the emergency. During
declared periods, all departments shall:
1.
Reduce all outdoor watering to the level implemented for other
users, during a Stage I Emergency, reduce outdoor watering to only
recreational fields, shrubs, flowerbeds, and trees.
2.
During Stage II and III Emergencies, stop all outdoor watering.
Cease all non-essential outdoor watering of grass areas in yards and
open spaces.
3.
During all stages, cease all vehicle and equipment and other
washing except where necessary for operations.
4.
During a Stage I Emergency, reduce hydrant or system flushing
to only essential operations necessary to maintain the health, safety
and welfare of the citizens. Increase discretion with increased stages.
[R.O. 2006 §705.180; Ord. No. 01-016 §1, 2-20-2001; Ord. No. 11-017 §1, 6-20-2011]
These rules and regulations may be amended at any regular meeting
of the City or at any special meeting thereof called for such purpose.
[Ord. No. 11-017 §1, 6-20-2011]
A.
Written Notice. Any person found to be violating any provision
of this Chapter shall be served by the City with a written notice
stating the nature of the violation and providing a reasonable time
limit for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently cease
all violations.
C.
Liable To City. Any person violating any of the provisions
of this Chapter shall become liable to the City for any expense, loss
or damage occasioned the City by reason of such violation.
