[R.O. 2005 § 700.010; Ord. No.
W-30 § 1, 7-23-1996]
The following rules and regulations are hereby adopted to govern
the water services furnished by the City of Bates City in a uniform
manner for the benefit of the City and its water users. Such rules
and regulations are subject to change from time to time as herein
provided without notice to any water user or any other person, entity,
organization or corporation. Any amendment or change to these rules
and regulations shall be effective on the date such amendment or change
is passed and approved by the Board of Aldermen, as herein provided,
or on such other date as the Board of Aldermen may by resolution designate.
If any portion of these rules and regulations shall be declared invalid
by competent authority, such invalidity shall not effect the validity
of the remaining portion.
[R.O. 2005 § 700.020; Ord. No.
W-30 § 2, 7-23-1996]
The following expressions when used herein will have the meanings
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 their agency
applying for a water users' agreement.
The Board of Aldermen of Bates City, Lafayette County, Missouri.
Same as "water user."
The "point of delivery" shall be at the meter, unless otherwise
specified in the water user's agreement.
When used in connection with the supplying of water shall
mean the availability for use by the water user of water, for a one-family
unit, subject to the provisions of these rules and regulations of
the City. Service shall be considered as available when the City maintains
the water supply at a minimum of 20 psi. pressure at the point of
delivery with the service line static, in readiness for the water
users' use, regardless of whether the water user makes use of it.
A water service shall consist of facilities for supplying
water to one (1) residence or business establishment located on land
within the City.
Any individual, firm, partnership, family unit, group, corporation,
the Federal or State Government, or any unit, agency, political corporation
or subdivision of either the Federal or State Government, or other
agency, or entity receiving water and water services, or to whom water
services are made available from the City's facilities pursuant to
a written water user's agreement.
The written agreement or contract between the water user
and the City, pursuant to which water service is supplied or made
available.
[R.O. 2005 § 700.030; Ord. No.
W-30 § 3, 7-23-1996]
A.
Readiness To Accept. Before installing a service extension and providing
water, the Board may require the applicant to pipe his/her home and
be in readiness to accept the service.
B.
Service For Sole Use Of The Water User.
1.
The standard water service connection is for the sole use of
the water user, and does not permit or allow the extension of pipes
to transfer water from one (1) property to any other user, such extension
is specifically excluded, prohibited and denied. If an emergency or
specific situation should make such an arrangement advisable, it shall
be done only on specific written permission of the Board of Aldermen
for the duration of the emergency. No more than one (1) residence
shall be served by one (1) water service connection.
2.
Failure to comply with this provision shall constitute a violation
of these rules and regulations and shall be cause for discontinuing
water service if such violation shall not be corrected within thirty
(30) days after notice by the Board of Aldermen. Thereafter, water
service will not be restored until an application for such service
shall be approved by the Board of Aldermen. Such application and cost
for water service will be the same as with any other applicant.
C.
Continuity Of Service. The City will make all reasonable effort 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 consequential damages
or 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.
D.
Services. The City will install all water service pipes from its
main to the meters on property abutting the right-of-way along which
the main is installed insofar as its current financial responsibilities,
obligations and conditions will permit, and insofar as adequate water
pressure is available at the point of delivery requested by the applicant
or water user. Their service pipe shall not be less than three-fourths
(3/4) inch in size. The meter will be set at the point on the water
user's premises, where the meter will always be accessible to the
City. The charge for services to be made by the City shall be that
amount specified in these rules and regulations, or as otherwise provided
by the Board, but in no event shall it be less than the cost to the
City.
E.
Right To Inspect. Representatives of the City shall have the right
at all times to enter upon the water user's premises to read and test
meters, inspect piping, and to perform other duties for the maintenance
and operation of service, or to remove its meters and equipment upon
discontinuance of service by the water user.
F.
Piping Work To Be Inspected. All piping work done in connection with
pipe and services connected with the City's main shall be submitted
to the inspection of the City before such underground work is covered
up. Wherever 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 water will be turned on. The Board may
prescribe the type of materials and the standard of workmanship to
be followed in enforcing this Section.
G.
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 of time will not be permitted except through intercepting or
intermediate storage tanks.
H.
Check Valves, Flush Valves And Vacuum Breakers.
1.
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.
2.
Flush valve or direct flushing closets should not be installed
in premises where the service pipe supplying such premises is connected
to a main two (2) inches or less in diameter. All flush valves shall
be equipped with approved type vacuum breakers.
J.
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 facilities without adversely affecting service
to other water users to an unreasonable extent, the City will not
be obligated to render such service, unless and until suitable self-liquidating
financing is arranged to cover necessary investment in additional
facilities.
K.
Customer's Duty Regarding Service Lines.
1.
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 of buildings
or said properties, shall at all reasonable hours be subject to inspection
by any duly authorized employee or agent of the City.
2.
All service pipes shall be laid at all points at least thirty-six
(36) 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 in undisturbed earth, from any other trench wherein are
laid gas pipes, sewer pipe, or for other facility public or private.
Such service lines shall not pass through premises other than that
to be supplied unless the City shall so agree in writing.
3.
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.
4.
No fixtures shall be attached to, or any branch made in, the
service pipe between the main of the City and the meter.
5.
Any repairs or maintenance necessary to the service pipe or
on any pipe or fixture in or upon the water user's premises shall
be performed by the water user at his/her sole expense and risk.
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 pay for all metered
water and payment shall be at the rate set forth in the rate chart.
In the event of a break, leak or defect in service pipes or fixtures
on the premises of the owner or water user permitting water to escape,
if the amount cannot be paid in one (1) payment, a payment schedule,
approved by the Board of Aldermen will be instituted. If payment schedule
is not maintained water service will be disconnected without notice.
L.
Only City Employees May Turn Water Off And On. Only a City employee
or person authorized by the City shall turn on water or shut off water
from the City meter to any water user or to any property served by
any such meter, except in the case of escaping water.
M.
Water Users Requiring Uninterrupted Supply. The District 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
responsible for any accidents or damages to which such fixtures or
devices are subject.
[R.O. 2005 § 700.040; Ord. No.
W-30 § 4, 7-23-1996]
A.
Meters will be furnished, owned, inspected and kept in proper operating
condition by the City. The complete record of tests and histories
of meters will be kept if deemed necessary by the City. Meter tests
will be made according to methods of the American Water Works Association
by the City as often as deemed necessary by the Board of Aldermen.
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 as that arrived at by taking the average of the error
at full load and that at ten percent (10%) load, unless a water user's
rate of usage is known to be practically constant, in which case the
error at such constant use will be used.
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 shall be placed in meter boxes installed by the City.
D.
Requested Meter Tests. Meter tests requested by water user 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 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/her service, for any
cause other than normal wear and tear.
[R.O. 2005 § 700.055; Ord. No.
2005-15 § 1, 7-19-2005; Ord. No. 5020 § 1, 3-13-2012]
A.
The customer retains control over the use of water on the customer's
premises, and as such, the customer is responsible for all water passing
through the meter, including water which may be lost or wasted through
leaking pipes or fixtures on the premises. No adjustment to water
and/or sewer charges shall be made for leaks that occur within the
internal plumbing of a building. For the purposes of this Section,
"internal plumbing of a building" shall mean plumbing within the outer
walls of the living area of the building. A reduction to water and/or
sewer charges for the excess water used may be allowed, at the discretion
of the Water Department, for leaks that occur not within the internal
plumbing of a building under the following conditions:
1.
The water leak adjustment shall not exceed the current billing
cycle;
2.
The customer can show that the occurrence of the leak was not
due to the customer's negligence;
3.
The customer can show that they made a diligent effort to repair
the leak within forty-eight (48) hours of discovery; and
4.
The request for a water leak adjustment is filed to the City
on forms provided by the City within thirty (30) days of the discovery
of the leak.
B.
Account Credits.
1.
Upon verification of the leak being repaired, the Water Department
may, at its discretion, authorize a credit to the customer's account
as follows:
a.
Sewer Charges. If determined that the excess amount did not
go into the City's sewer system, then the excess amount will not be
charged the per gallon sewer fee. If determined that the excess amount
did go into the City's sewer system, then the usage in excess of the
determined average usage will be billed a fee of fifty percent (50%)
of the current per gallon rate.
b.
Water Charges. All water usage in excess of the determined average
usage will be billed a fee of fifty percent (50%) of the current per
gallon rate.
2.
The average residential consumption will be based on the last
three (3) months average. If an average cannot be obtained, the previous
full month's usage or five thousand (5,000) gallons, whichever is
less, will be used to determine the bill. The average commercial consumption
will be based on the last three (3) months average. If a three (3)
month average cannot be obtained, the Water Department will determine
the average consumption based on the best information available.
C.
Adjustments will not be made for water loss after the Water Department
has notified the customer of the existence of a leak nor for water
loss after the customer has notified the Water Department of a leak
or requested an adjustment. Adjustments may, at the discretion of
the Water Department, be made for water loss during the period covered
by the last bill rendered before said notification or request.
D.
Leak adjustments shall be limited to one (1) per two-year period
for an account.
[R.O. 2005 § 700.060; Ord. No.
W-30 § 6, 7-23-1996; Ord. No. 2005-11, 6-14-2005]
A.
Temporary Vacancy. A water user may request his/her water service
be locked when the property is vacant or the user is going to be away
for an extended period of time to discourage vandalism. However, a
minimum bill will be sent monthly to guarantee water service at the
users location.
B.
Reasons For Discontinuing Service. Except in the cases 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 may discontinue
the service of any water user for violation of any rule or regulation
of the City, with written notice of at least two (2) days, mailed
to such customer at his/her address as shown upon the City's records,
or personally delivered to the water user or a member of his/her household,
advising the water user what rule 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.
Subject to the foregoing provision, 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 users (or 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, seal, valve or any other appliance of the City 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
or egress 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 or rate schedule
of the City.
6.
In case of vacancy of the premises.
7.
For violation of any rule or regulation of the City.
8.
For any practice or act prohibited by the Missouri Division
of Health.
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 these rules and regulations.
10.
For failure to adhere to restricted or prohibited uses of water
which may from time to time be prescribed by the Board of Aldermen
in accordance with these rules and regulations.
11.
Any material misrepresentation which affects the anticipated
supply, pressure and/or flow of water either generally or specifically
for benefit of the City or its customers.
C.
Rights And Responsibilities. The discontinuance of the supply of
water to a property for any reason shall not prevent the City from
pursuing any lawful remedy by action at law or otherwise for the collection
of monies due from the water user or property owner.
D.
Water will not be turned on to any property unless there is one (1)
adult person therein at such time to see that all water outlets in
the premises are closed to prevent damage by escaping water.
[R.O. 2005 § 700.070; Ord. No.
W-30 § 5, 7-23-1996]
It shall be the water user's responsibility to anticipate any
change of occupancy and to withdraw the balance of the meter deposit
less any amount due the City. Until the water user shall notify the
City, said water user shall be responsible for all payments and charges
due the City.
[R.O. 2005 § 700.080; Ord. No.
W-30 § 6, 7-23-1996]
The Board of Aldermen 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.
[R.O. 2005 § 700.090; Ord. No.
W-30 § 7, 7-23-1996]
A.
Extensions of water mains and lines shall be constructed upon written
approval by the Board of Aldermen. If said application is approved,
the main or line shall be extended, provided that:
1.
Applicant pays all construction, including rock removal, engineering
and legal expense of such extension or that portion of construction,
including rock removal, engineering and legal expense of the extension
as the Board of Aldermen may from time to time set out. Rock removal
will be considered an additional expense and will be solely one hundred
percent (100%) the applicants expense. Said payment shall be made
in advance to the City or at the discretion of the Board may be placed
in a special escrow account. If the 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
extensions. It shall be immaterial that the applicant may have paid
all or a portion of construction, rock removal, engineering and legal
expense as title to said extension installed shall at all times be
and remain the City's.
2.
Before entering into an agreement to make such extension the
Board of Aldermen shall first determine that the extension will not
materially affect in an adverse manner the service rendered to all
existing customers of the City. In the event that the Board determines,
based upon information furnished by its employees and consultants,
that such extension wold have a material adverse effect upon existing
water users of the City, then the City shall not permit such extension.
3.
As a condition precedent, the City may require valid and contiguous
easements on, over and under all private property along the proposed
water line extension.
4.
There shall be no extension of water line(s), main(s) to any
customer or area where the roads, streets, thoroughfares or public
rights-of-way have not been dedicated to public use and have been
accepted by the City as meeting all minimum acceptable guidelines
and requirements.
[R.O. 2005 § 700.100; Ord. No.
W-30 § 8, 7-23-1996]
Each unit shall be serviced by a separate meter connection.
The Board of Aldermen shall be the sole judge and shall have full
authority to determine how many units are contained in a residence,
and such determination shall be upon any water user therein.
[R.O. 2005 § 700.110; Ord. No.
W-30 § 9, 7-23-1996]
A.
In the event that service is desired by a commercial business establishment,
which shall include, but isn't limited to, trailer courts, mobile
home courts or facilities that depend on temporary as well as semipermanent
occupancy, then the owner shall be required to acquire a water meter
for each unit or space, or in the alternative, to enter into a special
agreement with the City. Such special agreements must be written and
no water user or applicant for water service shall have any right
to force the Board to enter into such a special agreement, but such
agreements must be entered into solely at the discretion of the Board.
The type of business and its expected use of water shall determine
the size of water meter, whether an intercepting or intermediate storage
tank or tanks is required, as well as the rate schedule.
B.
Where all units of such facility are served by one (1) water meter
the Board may, at its sole discretion elect to divide the total gallons
used during each billing period by the facility by the number of units
using water during such billing period. Water thus used shall be charged
to each individual unit on a pro rata basis, as though such amount
of water was used for such billing period by an individual user, and
the owner of the facility shall pay as a bill for such billing period
the total of such bills, computed as above set forth. The amount of
the water meter deposit shall be determined by the Board of Aldermen
as set forth in these rules and regulations.
C.
The number of units using water during each billing period shall
be the number of locations actually served during such time and the
Board, its employees and agents shall determine how many such units
are served, and such determination shall be final and binding upon
the owner of the facility.
[Ord. No. 5075, 7-10-2018]
The water rates for trailer parks outside the City limits of
the City of Bates City, Missouri shall be set at one dollar ($1.00)
per one thousand (1,000) gallons over the cost charged to the City
of Bates City by its supplier and shall automatically increase to
reflect any inflation in supply cost.
[R.O. 2005 § 700.120; Ord. No.
W-30 § 10, 7-23-1996]
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 Board. By resolution, the Board
may prohibit the sale of water in bulk to any resident, landowner,
or renter of the City whose property is serviced by a water line.
[R.O. 2005 § 700.130; Ord. No.
W-30 § 12, 7-23-1996]
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 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 the supply of water caused by breaking
of machinery or stoppage for necessary repairs, and no person shall
be entitled to damages or have any portion of a payment refunded for
any interruption of service.
[R.O. 2005 § 700.140; 8-9-1994; 2-13-1996; Ord. No. W-30 § 13, 7-23-1996]
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.
All permissive or discretionary determinations and decisions by the
Board of Aldermen shall be final and unfettered and at the sole discretion
of the Board.
C.
No employee or agent of the City shall have the right or authority
to bind it by any promise, agreement or representation contrary to
the letter or intent of these rules and regulations, or the laws of
the State of Missouri.
D.
Any complaint against the service or employees of the City should
be made at the office of the City Clerk, in writing, addressed to
the Board of Aldermen.
E.
The service pipes, meters and fixtures on the water users' property
shall at all reasonable hours be accessible to the City for observation
or inspection.
[R.O. 2005 § 700.150; Ord. No.
W-30 § 14, 7-23-1996]
These rules and regulations may be amended at any regular meeting
of the Board or any special meeting thereof called for such purpose,
provided that such amendment must receive not less than three (3)
affirmative votes of the members of the Board.
