An Ordinance establishing Rules and Regulations for the operation of the water supply system to be constructed and owned by the City of Rich Hill of Rich Hill, Missouri
BE IT ORDAINED BY BOARD OF ALDERMEN OFCITY OF RICH HILL,MISSOURIAS FOLLOWS:
Article 1: General
These Rules and Regulations have been adopted to govern the water services furnished by the Owner in a uniform manner for the benefit of the Owner 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 Owner has unpaid obligations which are held or insured by theUnited States of America. Any amendment or change to the Rules and Regulations shall be effective on the date such amendment or change is passed by the Owner, as herein provided, or on such other date as the Owner may be 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 Owner. 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.
Article 2: Definitions
The following expressions, words and terms when used herein shall have the meaning stated below:
Owner or City: City of Rich Hill,Missouri
Applicant: Any individual, firm, partnership, corporation, the Federal or State Government, or any unit, agency, political corporation or subdivision of either the Federal or State Government, or other agency applying for water User’s agreement.
User or Consumer: 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 Owner’s facilities pursuant to a written water User’s agreement.
Point of Delivery: The point of delivery shall be at the meter, unless otherwise specified in the water User’s agreement or in any other agreement where it shall be mentioned.
Service: The term “service” when used in connection with the supplying of water shall mean the availability for use by the water User of water, subject to the provisions of these Rules and Regulations. Service shall be considered as available when the Owner 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.
Landowner: Any person owning property served by the water system of the Owner or who has a leasehold interest therein with more than a year to run. The term “landowner” shall also include life tenants but the Owner may at its discretion require remainder men to enter into any agreement required with the property owner under these Rules and Regulations, and the remainder men shall be bound by these Rules and Regulations in all respects.
Water User’s Agreement: The written contract between the water User and the Owner pursuant to which water service is supplied or made available.
State Director: The State Director of the USDA, Rural Development forMissouri, or his successor.
Water Service: A water service shall consist of facilities for supplying water to one residence or business establishment located on land within the jurisdiction of the Owner.
Water Purveyor: Designated employee of the City ofRichresponsible for overseeing the water distribution system.
Article 3: Rate Schedule
Rate schedules for water and water service are fixed by the Owner. The rate schedule is subject to change by action of the Owner, with the approval of the State Director of the USDA, Rural Development, so long as the Owner has unpaid obligations which are held or insured by the United States of America. If a provision of the Rules and Regulations 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 Owner shall increase the water rates for the first month thereafter in an amount sufficient to meet these costs and obligations.
The rate for water service to customers of the waterworks by the City of Rich Hill, Missouri shall be as follows:
A. Customers Inside the City Limits of Rich Hill,Missouri:
$.006.80 per gallon ($6.80 per 1000 gallons)
B. Customers Outside the City Limits of Rich Hill,Missouri:
$.00780 per gallon ($7.80 per 1000 gallons)
C. A base fee of $13.00 for inside the City Limits and $14.00 for outside the City Limits will be charged each month to every open account with the City ofRich Hill.
D. The Missouri Primacy Fee for water customers served by the City ofRich Hillshall be as follows:
Meter Size Annual Fee
1) Un-metered customers and those with meters not greater than 1 inch. $ 3.24
2) Greater than 1 inch and equal to or less than 2 inches 7.44
3) Greater than 2 inches and equal to or less than 4 inches 41.16
4) Greater than 4 inches 82.44
The annual Missouri Primacy Fee for water customers served by the City ofRich Hillshall be prorated as a monthly charge to be shown on the monthly utility billing issued by the City ofRich Hillbeginning on theSeptember 1, 2006utility billing. The City ofRich Hillwill remit that portion of the Missouri Primacy Fee collected from customer accounts, which are due to the Missouri Department of Revenue.
Article 4: Applications
Applications for a water User’s agreement shall make application to the Owner. Such applications shall be in writing and the Owner shall prescribe the form of such application.
Article 5: Water User’s Bills
A. Bills will be rendered for service by the first day of the month following the close of the period for which the service was rendered as set forth in the rate schedule. Service bills not paid by the 15th of each shall be subject to a ten percent (10%) late charge. Failure of the Owner to submit a service bill shall not excuse the water User from his obligation to pay for the water used when the bill is submitted. Failure to pay a bill by the 20th day of the month 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 Owner, its agents or employees. The Owner, 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 these Rules and Regulations, and it shall be immaterial that no notice of such disconnection was given to the water User or to said property owner.
B. The City will read each meter each month on the 15th day of each month or the closest working day to the 15th. If the meter reader cannot get to the meter for any reason the following steps will be followed.
- The 1st time the meter reading will be estimated and the User will receive a letter stating the problem.
- The 2nd time the meter reading will be estimated an additional $50.00 charge and the User will receive a letter stating the problem.
- The 3rd time the services will be disconnected and will remain disconnected until the problem is resolved and all the fees for disconnection have been paid.
C. When a customer believes an inequity has occurred due to a water leak and would like an adjustment of their water usage, they must submit a request to City Hall to have the leak verified by the City Superintendent or his designee. The customer must have an account with the City ofRich Hillfor at least one year before that account can receive an adjustment. The leak must be in a water pipe only (under the house or out on the property) and visible to the naked eye. The leak must be a minimum of 2000 gallons above the customer’s average bill to be eligible for a water adjustment.
Once the leak is repaired, the customer must submit a request to City Hall to have the City Superintendent or his designee verify that the leak has been repaired. The leak must be repaired within 30 days of the high usage letter being sent. City Hall will make a one-time adjustment to the water bill. The bill will be adjusted to the customer’s average and then the customer will pay an additional 75 cents per thousand gallons on the difference between the used gallons and the amount the bill is adjusted to Water adjustments, per leak, shall be for one month only.
When a customer believes an inequity has occurred for other reasons than listed above, adjustment requests must be made before the Board of Alderman. The customer shall be required to make their request in person at the regular council meeting.
D. A User may receive one extension per year on your utility bill. The user must have an active account with the City of Rich Hillfor 6 months. A year will be from January 1st to December 31st. The user will be required to pay 25% of the bill at the time the extension is given and must pay 25% per week until the bill is paid in full.
Article 6: Service
A. Readiness to Accept: Before installing a service extension and providing water, the Owner may require the Applicant to pipe his 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 sub meter 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 Owner 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 Owner shall find such to be an unusual hardship upon the water User, in which case a special agreement may be made concerning such additional residence and the rules for a multiple-unit dwelling as set forth in these Rules and Regulations shall be applied to determine the rate for such farm containing two residences.
C. Hardship Agreements: The Owner may enter into a special agreement whereby a right of entry is granted to the Owner to read a meter placed on private property for remotely located residences or remotely located water uses, where the location of the meter as provided in these Rules and Regulations would, in the Owner’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 Owner to enter into such a special agreement, but such agreements must be entered into solely at the discretion of the Owner. The Owner may in the alternative apply the multiple-unit residence rule stated in these Rules and Regulations.
D. Continuity of Service: The Owner will make all reasonable efforts to supply 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 Owner will not accept responsibility for losses which might occur due to such necessary interruptions. The Owner 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 to the Owner to notify any water User of any such interruption.
E. Installation / Removal Fees:
1) A water tap is a water pipe installed by the City’s water personnel or a contractor authorized by the City to the edge of the City’s easement to the street or alley where the water main is located.
A. Customers inside the City Limits of Rich Hill, Missouri: The charge of installation of a ¾ inch water tap shall be four hundred dollars ($400.00). The charge for any other size will be costs plus 10%.
B. Customers outside the City Limits of Rich Hill, Missouri: The charge of installation of a ¾ inch water tap shall be five hundred dollars ($500.00). The charge for any other size will be costs plus 10% plus fifty dollars ($50.00).
C. Customers will pay a $10.00 connection fee.
2) If the property owner requests the water meter to be removed and the meter well to be filled in, they will be required to submit an application in writing to the City Clerk. The fee for removal will be the same as for installation of service based on the meter size and where the meter is located as listed in Article 5, Subsection E. of this ordinance. Such application will include an agreement that future requests for installation of water service to this location will be required to pay the same as for a new installation. The agreement shall be filed with the Bates County Recorder at the expense of the property owner.
F. Deposits
1) Before services are connected each water customer will pay a $50.00 deposit with the City with the following exception.
- Upon the customer’s presentation of deed showing proof of ownership of the property, the payment of a meter deposit will be waived. The deed will not be accepted unless it has been recorded with the Bates County Recorder’s Office.
2) Any person found to have an unpaid bill; past or present, with the City of Rich Hill will be required to pay a meter deposit of $100.00, regardless if they show proof of ownership as stated in 1 (a) above.
3) At such time any water service is discontinued, either by the request of the User or for delinquency in payment, the deposit for such service shall be applied first to any charges for such service remaining unpaid to the City and balance, if any shall be refunded to the customer.
G. Work Meters
If a Consumer has an existing account with the City that Consumer may receive a construction account to perform any work that may need to be done on a house or property for a period of one month. The cost of the construction account will be $50.00 per month.
H. Services:
1) The Owner will install all water service pipes from its mains to the meters on property abutting the right-of-way along which the main is installed insofar as its current financial responsibilities, obligations and conditions will permit and, insofar as adequate water pressure is available at the point of delivery requested by the Applicant or water User. The service pipe shall not be less the ¾ inch in size and the Owner will also install and pay for the Owner’s main connection, meter and meter setting. The meter will be set at the point on the water User’s premises designated by the Owner. The charge for services to be made by the Owner shall be that amount specified in these Rules and Regulations, or as otherwise provided by the Owner, but in no event shall it be less than the cost to the Owner.
2) Services will be provided only to the individual that signs the original work order or to the owner of a business or industry. Services will not be provided to anyone whose immediate household includes a member who has an unpaid bill.
3) It shall be unlawful for any person having an unpaid bill with the City of Rich Hill to obtain utilities service by means of misrepresentation or by making application in the name of another family member or household member. Should anyone so obtain services then the past bill will become due and payable immediately and the balance due will be put on their next monthly utility bill. An unpaid bill is any account due to the City ofRich Hillfor utilities services, which has not been paid or satisfied within 60 days.
4) A separate and independent building water service shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private water is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building water service from the front building may be extended to the rear building and the whole considered as one building water service.
5) All Consumers of water shall pay for the pipe and connections and necessary work of installing from the water main and shall maintain and repair the same from the connection on to the main in to the end of their service line. It shall be the duty of the superintendent to keep a correct and complete list of all Consumers and to make a monthly reading of all meters used by Consumers and make a monthly report of such readings in writing to the City Clerk and shall do and perform all other duties incumbent upon him by reason of the office he holds or by reason of directions given by the proper City authorities.
6) The City agrees to furnish the User at the point of delivery hereinafter specified potable treated water meeting applicable purity standards of the Missouri Division of Health in such quantity as may be required by the User.
7) The City agrees that water will be delivered at a reasonable constant normal pressure from a point located at the property line of the City. Emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire and use of water to fight fires, earthquake, or other catastrophe shall excuse the City from this provision for such reasonable periods of time as may be necessary to restore service.
8) The User agrees to pay the City, not later than the 20th of each month, for water delivered.
9) The User agrees to allow to be installed at the User’s property line such valves or curb stops as may be required by the City, the necessary metering equipment and required devices as may be required by the City to properly measure the quantity of water delivered to the User and calibrate such metering equipment whenever requested by the City. Thereafter, the User shall furnish, install, operate and maintain, at its own expense all water lines: and all pipes, valves, and curb stops shall remain the property of the User.
10) The User agrees to grant to the City an easement to enter upon property of the User and inspect and control as necessary all pipes, lines or title for the transmission of water.
11) The User shall not provide water herein provided by the City to any family, individual, business, dwelling unit or other party without first obtaining the written consent of the City.
12) The City agrees to at all times operate and maintain its system in an efficient manner and will take such action as may be necessary to furnish the User with quantities of water required by such user. Temporary or partial failure to deliver shall be remedied with all possible dispatch. In the event of an extended shortage of water or in the event the supply of water available to the City is otherwise diminished, the supply of water to the User shall be reduced at the City’s election with preference shown for the City Consumers; provided, however, that preference for City Consumer shall be under no liability to the User for any reduction or termination of the supply of water.
I. Right to Inspect: Representatives of the Owner 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.
J. Piping Work to be inspected: All piping work in connection with pipe and services connected with the Owner’s main shall be submitted to the inspection of the Owner before such underground work is covered up. Whenever the Owner determines that a job of plumbing is obviously defective, although not in direct violation, the Owner may require that it be corrected before the water will be turned on. The Owner may prescribe the type of materials and the standard of workmanship to be followed in enforcing this section.
K. 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.
L. Check Valves, Flush Valves and Vacuum Breakers: Water Users having boilers or hot water systems connected with mains of the Owner 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 Owner, however, will not be responsible for accidents or damages resulting from the imperfect action or failure of said valves.
M. Tampering with Water Services
1) No person shall, without the consent of the City, unlawfully and intentionally convert to their use or the use of another person from any water service of the City any portion of the water distributed by the City, or unlawfully and intentionally prevent such water, or any portion thereof, from passing through any meter provided for measuring the same, or unlawfully and intentionally prevent such meter from registering correctly the water passing through it, or aid in any manner the unlawful conversion to his use or the use of another, of any portion of such water which should pass through a meter but has been diverted there from or which has been prevented from being correctly registered by a meter provided therefore, or which has been diverted from the water service of the City.
2) Any person who shall connect or disconnect or in any way molest or tamper with any water service or water meter in the City of Rich Hill without submitting an application to the City Clerk and approved by the City Superintendent shall be guilty of a misdemeanor and subject to a fine not to exceed $500.00 or by imprisonment in the City jail for a term not to exceed 90 days or a combination of such fine and imprisonment. Said person shall also be required to pay for water received during the period of time in question based on the average water usage for the previous three months at that residence. In the event that the usage from the previous three months is not available, usage shall be obtained by installation of a check meter for two weeks. Where the identity of the person who has molested a seal, or meter is not otherwise proven, the Consumer to whom the water service is being furnished through such meter shall be held responsible.
3) The City ofRich Hillreserves the right to deny services to any individual who has been convicted of violating the provisions of this ordinance. Furthermore, the City will turn repeat offenders over to the Bates County Prosecuting Attorney for the possibility of charges with the State ofMissouri.
4) It shall be unlawful for any person or persons, not being employees of the City of Rich Hill, to climb or attempt to climb the steel tower and water tank, located in East Park, and belonging to the City of Rich Hill, either by means of any cable, rope or ladders that may be thereto attached or by means of grasping any brace, column, pipe or other portion of said tower and tank.
Article 7: Applicants Having Excessive Requirements
In the event of an Applicant whose water requirements are bound to exceed the Owner’s ability to supply it from existing physical assets without adversely affecting service to other water Users, the Owner 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 Owner has no obligation to reimburse the Applicant for physical assets provided.
Article 8 Leaks in Consumer’s installation
The Consumer shall keep his service pipes free from leaks at all times. Where a leak appears in a Consumer’s installation, the City shall give the Consumer written notice thereof and the Consumer shall immediately proceed to repair such service pipe. If the same is not repaired within forty-eight (48) hours after written notice has been given to the Consumer, the City may discontinue the service.
If, in the judgment of the City, any leak on the Consumer’s installation is of such nature as to endanger public safety or constitute a nuisance or is the source of the waste of any considerable amount of water, the City may cut off or discontinue such service without previous notice to the Consumer.
Article 9 Water meter repair/damage
When a water meter in service ceases to register properly by reason of wear and tear, defects or other faults of the meter, it will be repaired or replaced with another meter by the municipal utilities department without charge. If the meter has been destroyed or shall become damaged by hot water or by accidental or willful breakage, the expense of repairing or replacing such meter shall be borne by the Consumer.
Article 10 Rural Water Customers:
- Rural Water customers are required to submit an application to the Board of Aldermen for approval of water services. Service applications will be approved on an individual basis.
- All sections of Article 6 services apply to rural customers.
- The City may, at its option, furnish, install, operate and maintain, at its own expense, at point of delivery at the corporate limits of the City, the necessary metering equipment to measure the quantity of water delivered to the User and similar Users.
- This agreement may be terminated by either of the parties hereto by providing thirty (30) days written notice of intention to terminate to the other party. In the event the User violates any of the provisions of this agreement, the City at its option may terminate the supply of water to the User without further notice.
Article 11: Customer’s Duty Regarding Service Lines
The water’s User’s service pipe and all connections and fixtures attached thereto shall be
subject to the inspection of the Owner before the water will be turned on, if the Owner 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 Owner.
All service pipes shall be laid at all points at least forty-two (42) inches below the surface of the ground and shall be placed on firm and continuous earth so as to give unyielding and permanent support. They shall not be laid in sewer ditches. It shall be installed in the trench at least 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 Owner shall so agree in writing.
Water User shall, at their 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.
No fixture shall be attached to, or any branch made in, the service pipe between the main of the Owner and the meter.
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 sole expense and risk.
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.
The Owner 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 Owner as provided for in these Rules and Regulations.
Article 12: Water Users Requiring Uninterrupted Supply
The Owner 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 Owner for supplying same under working pressure, would do so at the risk of the parties making such attachments, as the Owner will not be responsible for any accidents or damages to which such fixtures or devices are subject.
Article 13: Fire Hydrants
Private fire hydrants may be installed by a written agreement with the Owner, provided that the Owner shall take into account all possible costs to the Owner 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 Owner shall take into consideration the same factors when entering such a contract.
In the event that the Owner undertakes to furnish fire hydrants as a part of the service to the water Users of the Owner then all water Users of the Owner 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 Owner’s employees or consultants.
Article 14: Meters
A. Meters Furnished by Owner: Meters will be furnished, installed, owned, inspected, tested and kept in proper operating condition by the Owner, without cost to the water User, except that such water User shall pay a connection fee as set forth in these Rules and Regulations, which shall not be refundable. The complete record of histories of meters will be kept if deemed necessary by the Owner.
B. Meter Location: Meters shall be set in an accessible place on the outside of buildings, except where otherwise directed by the Owner. 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 Owner.
C. Water User’s Responsibility: The water User shall be responsible for any damage to the meter installed for his service for any cause other than normal wear and tear.
Article 15: Discontinuance of Water Service
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 by submitting a work order request at City Hall, 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 Owner.
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 connection charges and meter deposits as provided for in this ordinance.
Except in the case of failure of the water User to pay the bill owed the Owner for water service, as set forth in these Rules and Regulation, the Owner will not discontinue the service of any water User for violation of any Rule or Regulation of the Owner, without written notice of at least two days, mailed to such customer at his address as shown upon the Owner’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 Owner’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 provisions, service rendered under any application, contract or agreement may be discontinued by the Owner for any of the following reasons:
A. For willful or indifferent waste of water due to any cause.
B. 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 Owner.
C. 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 Owner’s controlling or regulating the water User’s water supply.
D. For failure to provide the Owner’s employees free and reasonable access to the property supplied, or for obstructing the way of ingress to the meter or other appliances controlling or regulating the water User’s water supply.
E. For non-payment of any account for water supplied, for water service, or for meter or service maintenance, or for any other fee or charge accruing under these Rules and Regulations, the rate schedule of the Owner.
1) The City shall disconnect the services of any User who has not paid all charges provided herein by the 20th day of the month following the date of billing.
2) If the service of a User is disconnected due to delinquency as provided above the User shall pay to the City, in addition to all other charges provided herein, a fee in the amount of $10.00 for each trip made by the City before such services shall be reconnected.
3) If services need to be turned on after normal business hours there will be an additional $40.00 overtime fee.
F. In case of vacancy of the premises.
G. For violation of any Rules and Regulations of the Owner
H. For any practice or act prohibited by the Missouri Division of Health.
I. For failure to allow any Owner’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.
The City Superintendent has the right to disconnect services or send a written violation notice for any violations of this ordinance
The discontinuance of the supply of water to a property for any reason shall not prevent the Owner from pursuing any lawful remedy by action at law or otherwise for the collection of monies due from the water User or property owner.
Only an employee, officer or agent of the Owner may turn on water and all Applicants and water Users are expressly forbidden to do so.
Article 16: Agreements with Governmental and Public Bodies
The Owner 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.
Article 17: Main Extensions
Extensions of water mains and lines shall be made by the Owner upon written application on a form approved by the Owner. If said application is approved, the main or line shall be extended provided that:
A. Applicant pays all construction, engineering and legal expense of such extension. Said payment shall be made in advance to the Owner or at the discretion of the Owner 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 Owner or put in a special escrow account and Applicant shall agree to pay any additional costs incurred for such extension.
B. Before granting to an Applicant the right to make such extension, or before entering into an agreement therefore, the Owner shall first determine that the extension will not materially affect in an adverse manner the service rendered to any existing customers of the Owner. In the event the Owner 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 Owner, then the Owner shall not permit such extension.
C. In the event the Applicant desires to perform the construction, the Applicant shall pay all engineering, legal and administrative costs incurred by the Owner 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.
The construction and materials shall be inspected by a qualified inspector, furnished by the Owner. The cost of this inspector shall be borne by the Applicant.
Upon satisfactory completion and testing, the improvements shall be dedicated, free and clear of all encumbrances, to the Owner.
All plans and specifications for main extensions or improvements will be approved by the Owner and the appropriate agency of the State of Missouri.
Article 18: Multiple-Unit Dwellings
In the event that service is desired by a landowner of a multiple-unit residence, said multiple-unit residence being herein defined as a dwelling unit housing more than one family, and such definition shall include duplexes, triplexes, fourplexes, apartments and all similar structures and residences, 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 Owner 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 Owner, 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 Owner for such water User’s proportionate share of the water as though such water User were an individual User in a one-family residence; provided further, that the 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 Owner as herein set forth.
The Owner 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.
Article 19: Liability of Owner
The Owner 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 Owner 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.
The Owner 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.
Article 20: General
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 Owner except in the case of escaping water
No employee or agent of the Owner 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 ofMissouri.
Any complaint against the service or employees of the Owner should be made at the office of the Owner in writing.
The service pipes, meters and fixtures on the water User’s property shall at all reasonable hours be accessible to the Owner for observation or inspection.
Article 21: Cross Connection Control-General Policy
- Purpose:
1) To protect the public potable water supply from contamination or pollution by containing within the Consumer’s internal distribution system or private water system contaminants or pollutants which could backflow through the service connection into the public potable water supply system.
2) To promote the elimination, containment, isolation, or control of existing cross connection, actual or potential, between the public and Consumer’s potable water systems and non-potable water systems, plumbing fixtures and industrial-process systems.
3) To provide for the maintenance of a continuing program of cross connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems.
B. Application
This ordinance shall apply to all premises served by the public potable water system of the City of Rich Hill.
C. Policy:
The Water Purveyor will reasonably interpret this ordinance. It is the Water Purveyor’s intent to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard.
The Water Purveyor shall be primarily responsible for the protection of the public potable water distribution system from contamination or pollution due to backflow or contaminants or pollutants through the water service connection. The cooperation of all Consumers is required to implement and maintain the program to control cross connections. The Water Purveyor and Consumer are jointly responsible for preventing contamination of the water system within the Consumer’s premises.
If, in judgment of the Water Purveyor or his authorized representative, cross connection protection is required through either piping modification or installation of an approved backflow prevention device, due notice shall be given to the Consumer. The Consumer shall immediately comply by providing the required protection at his own expense; and failure, refusal or inability on the part of the Consumer to provide such protection shall constitute grounds for discontinuing water service to the premises until such protection has been provided.
D. Definitions
The following definitions shall apply in the interpretation and enforcement of this ordinance:
1) “Air gap separation” means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but no case less than one inch.
2) “Auxiliary water supply” means any water source or system, other than the public water supply, that may be available in the building or premises.
3) “Backflow” means the flow other than the intended direction of the flow, of any foreign liquids, gases, or substances into the distribution system of a public water supply.
4) “Backflow prevention device” means any device, method, or type of construction intended to prevent backflow into a potable water system.
5) “Consumer” means the owner or person in control of any premises supplied by or in any manner connection to a public water system.
6) “Containment” means protection of the public water supply by installing a cross connection control device or air gap separation on the main service line to a facility.
7) “Contamination” means an impairment of the quality of the water by sewage, process fluids, or other wastes to a degree, which could create an actual hazard to the public health through poisoning or through spread of diseases by exposure.
8) “Cross Connection” means any physical link, between a potable water supply and any other substance, fluid, or source, which makes possible contamination of the potable water supply due to the reversal of flow of the water in the piping or distribution system.
9) “Hazard, Degree of” means an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.
- Hazard, Health-any condition, device, or practice in the water supply system and its operation, which could create or may create a danger to the health and well being of the water Consumer.
- Hazard, Plumbing-a plumbing type cross connection in a Consumer’s potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device.
- Hazard, Pollution-an actual or potential threat to the physical properties of the water system or the potability of the public or the Consumer’s potable
- Water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
- Hazard, System-an actual or potential threat of severe damage to the physical properties of the public potable water system or the Consumer’s potable water system, or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.
10) “Industrial process system” means any system containing a fluid or solution, which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollution or plumbing hazard if introduced into a potable water supply.
11) “Isolation” means protection of a facility service line by installing a cross connection control device or air-gap separation on an individual fixture, appurtenance, or system.
12) “Pollution” means the presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use.
13) “Public potable water system” means 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.
14) “Service connection,” means the terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.
15) “Water Purveyor” means the owner, operator, or individual in responsible charge of a public water system.
- Cross Connection Prohibited
1) No water service connection shall be installed or maintained to any premises where actual or potential cross connections to the public potable or Consumer’s water systems may exist unless such actual potential cross connections are abated or controlled to the satisfaction of the Water Purveyor, and as required by the laws and regulations of the Missouri Department of Natural Resources.
2) No Connections shall be installed or maintained whereby an auxiliary water supply may enter a public potable or Consumer’s water system unless the Water Purveyor and the Missouri Department of Natural Resources shall have approved such auxiliary water supply and the method of connection and use of such supply.
3) No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities, and fixtures have not been constructed and installed using acceptable plumbing practices considered by the Water Purveyor as necessary for the protection of health and safety.
F. Survey and Investigations
1) The Consumer’s premises shall be open at all reasonable times to the Water Purveyor, or his authorized representative, for the conduction of surveys and investigations of water use practices within the Consumer’s premises to determine whether there are actual or potential cross connections to the Consumer’s water system through which contaminants or pollutants could backflow into the public potable water system.
2) On requests by the Water Purveyor or his authorized representative, the Consumer shall furnish information on water use practice within his premises.
3) It shall be the responsibility of the water Consumer to conduct periodic surveys of water Consumer to conduct periodic surveys of water uses practices on his premises to determine whether there are actual or potential cross connections to his water systems through which contaminants or pollutants could backflow into his or the public potable water system.
G. Type of Protection Required
1) The type of protection required by this ordinance shall depend on the degree of hazard which exists, as follows:
2) An approved air-gap separation shall be installed where the public potable water system may be contaminated with substances that could cause a severe health hazard.
3) An approved air-gap separation or an approved reduced pressure principle backflow prevention device shall be installed where the public potable water systems may be contaminated with a substance that could cause a system or health hazard.
4) An approved air-gap separation or an approved reduced pressure principle backflow prevention device or an approved double check valve assembly shall be installed where the public potable water systems may be polluted with substances that could cause a pollution hazard not dangerous to health.
H. Where Protection is required
1) An approved backflow device shall be installed on each service line to a Consumer’s water system serving premises, where in the judgment of the Water Purveyor or the Missouri Department of Natural Resources, actual or potential hazards to the public potable water system exist. The type and degree of protection required shall be commensurate with the degree of hazard
2) An approved air-gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises where, in the judgment of the Water Purveyor or the Missouri Department of Natural Resources, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises, would present an immediate and dangerous hazard to health should a cross connection occur, even though such cross connection may not exist at the time the backflow prevention device is required to be installed. This includes but is not limited to the following situations:
- Premises having auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the Water Purveyor and the Missouri Department of Natural Resources.
- Premises having internal cross connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross connections exist.
- Premises where entry is restricted so that inspections for cross connections cannot be made with sufficient frequency or at sufficiently short notice to assure the cross connections do not exist.
- Premises having a repeated history of cross connections being established or re-established.
- Premises, which due to the nature of the enterprise therein, are subject to recurring modification or expansion.
- 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.
- Premises where materials of a toxic or hazardous nature are handled such that if back siphon or backpressure should occur, a serious health hazard may result.
- The following types of facilities fall into one or more of the categories of premises where an approved air-gap separation or reduced pressure principle backflow prevention device is required by the Water Purveyor and the Missouri Department of Natural Resources to protect the public water supply and must be installed at these facilities unless all hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the Water Purveyor and the Missouri Department of Natural Resources.
- Aircraft and Missile Plants
- Automotive Plants
- Auxiliary Water Systems
- Beverage Bottling Plants
- Breweries
- Building Complexes
- Canneries, Packing Houses, and Reduction Plants
- Car Washing Facilities
- Chemical, Manufacturing, Processing, Compounding or Treatment Plants
- Chemically Contaminated Water Systems
- Civil Works
- Dairies and Cold Storage Plants
- Film Laboratories
- Fire Protections Systems
- Hazardous Waste Storage and Disposal Sites
- Hospital, Mortuaries, Clinics
- Irrigation and Sprinkler Systems
- Laundries and Dye Works
- Metal Manufacturing, Cleaning, Processing, and
Fabricating Plants
- Oil and Gas Productions, Storage or Transmission
Properties
- Paper and Paper Products Plants
- Plating Plants
- Power Plants
- Printing and Publishing Facilities
- Radioactive Material Processing Plants or Nuclear
Reactors
- Research and Analytical Laboratories
- Rubber Plants-Natural and Synthetic
- Sand and Gravel Plants
- Schools and Colleges
- Sewage and Storm Drainage Facilities-Pumping
Stations
gg. Water Front Faculties and Industries
hh. Zoological and Horticultural Garden
I. Backflow Prevention Devices
1) Any backflow prevention device required by this ordinance, will be a model or construction approved by the Water Purveyor and the Missouri Department of Natural Resources.
2) Air-gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.
3) A double-check valve assembly or a reduced pressure principle backflow prevention device shall be approved by the Water Purveyor, and shall appear on the current “list of approved backflow prevention devices” established by the Missouri Department of Natural Resources.
4) Existing backflow prevention devices approved by the Water Purveyor at the time of installation and properly maintained shall, except for inspection and maintenance requirements, be excluded from the requirements of this ordinance so long as the Water Purveyor is assured that they will satisfactorily protect the water system. Whenever the existing device is moved from its present location, or requires more than minimum maintenance, or when the Water Purveyor finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this ordinance.
J. Installations
1) Backflow prevention devices required by this ordinance shall be installed at a location and in a manner approved by the Water Purveyor and shall be installed at the expense of the water Consumer.
2) Backflow prevention devices installed on the service line to the Consumer’s water system shall be located on the Consumer’s side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.
3) Backflow prevention devices shall be located so as to be readily accessible for maintenance and testing, protected from freezing, and where no part of the device will be submerged or subject to flooding by any fluid.
- Inspections and Maintenance.
1) It shall be the duty of the Consumer at any premises on which backflow prevention devices required by this ordinance are installed to have inspections, tests, and overhauls made in accordance with the following schedule or more often where inspections indicate a need.
a. Air-gap separations shall be inspected at the time of installation and at least every twelve months thereafter.
b. Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every thirty months.
c. Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every twelve months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every five years.
2) Inspections, tests, and overhauls of backflow prevention devices shall be made at the expense of the water Consumer and shall be performed by the Water Purveyor or a State ofMissouri Certified Backflow Prevention Device Tester.
3) Whenever backflow prevention devices required by this ordinance are found to be defective, they shall be repaired, or replaced at the expense of the Consumer without delay.
4) The water Consumer must maintain a complete record of each backflow prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections and repairs. Records of inspections, tests, repairs and overhauls shall be, removed or otherwise made ineffective without specific authorization by the Water Purveyor.
5) Backflow prevention devices shall not be by-passed, made inoperative, removed or otherwise made ineffective without specific authorization by the Water Purveyor.
L. Violations
1) The Water Purveyor shall deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by this ordinance is not installed, tested and maintained in a manner acceptable to the Water Purveyor, or if it is found that backflow prevention device has been removed or by-passed or if an unprotected cross connection exists on the premises.
2) Water service to such premises shall not be restored until the Consumer has corrected or eliminated such conditions or defects in conformance with this ordinance to the satisfaction of the Water Purveyor.
Article 22 Ban of Lead
A. Purpose
To ban the use of lead materials in the public drinking water system and private plumbing connected to the public drinking water system; and to protect City residents from lead contamination in the City’s public drinking water system and their own private plumbing systems.
- Policy
1) The Water Purveyor will reasonably interpret this ordinance. It is the purveyor’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.
2) If, in the judgment of the Water Purveyor or his authorized representative, lead base 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 base materials removed from the plumbing system and replaced with lead free materials. If the lead base materials are not removed from the plumbing system, the Water Purveyor shall have the right to discontinue water service to the premises.
- Application
This ordinance shall apply to all premises served by the public drinking water system of the City ofRich Hill.
D. Definitions
The following definitions shall apply in the interpretation and enforcement of this ordinance.
1)”Consumer” means the owner or person in control of any premises supplied by or in any manner connected to a public water system;
2)”Lead base materials” means any material containing lead in excess of the quantities specified in herein;
3)”Lead free” means:
a) When used with respect to solder and flux, refers to solders and flux containing not more than 0.2 percent (0.2%) lead; and
b) When used with respect to pipes and pipe fittings, refers to pipes and pipe fittings containing not more than eight percent (8.0%) lead.
c) ” Public drinking water system” means 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; and
d) “Water Purveyor” means the owner, operator, or individual in responsible charge of a public water system.
E. Lead Banned from Drinking Water Plumbing
1) No water service connection shall be installed or maintained to any premises where lead base materials were used in new construction or modifications of the drinking water plumbing afterJanuary 1, 1989.
2) If a premise is found to be in violation, water service shall be discontinued until such time that the drinking water plumbing is lead free.
Article 23: Water Conservation Plan
- Guidelines
The plan would become effective upon a finding by the Board of Alderman or their designated representative that a probable water shortage problem exists. When it can be anticipated that there is a distinct possibility of a water distribution shortfall, the following plan will be implemented until it can be determined that the emergency no longer exists. Depending on the expected severity of the problem it is possible that stages II and III might be implemented immediately. Requests for public cooperation would be made through the new media. This Plan will affect only those citizens and commercial entities who receive water service from the Rich Hill Water Department.
- Stage One (voluntary)
Request voluntary conservation and compliance with the following restrictions:
1) No washing of sidewalks, driveways, parking areas, patios, or other paved areas.
2) No refilling of swimming pools with water furnished by the City.
3) No use of water for recreational uses such as waterslides or yard play.
4) No noncommercial washing of cars, other motor vehicles, trailers, or boats, except from a bucket.
5) No water to be used for dust control.
6) No flushing of mains by Water Department personnel, except to alleviate individual water quality problems.
7) Commercial and industrial Users to conserve water as much as possible.
If, after the initiation of Stage One, weather conditions, expected trends in demand, or other factors indicate that the threat of a shortage will continue, the additional provisions of Stage Two will be implemented.
- Stage Two (voluntary)
Stage One restrictions would remain in effect plus the following:
1) No use of water from a fire hydrant except for fighting fires.
2) Watering of any lawn, garden, trees, or other plants is prohibited, except from a hand-held container.
3) Commercial/industrial Users to reduce usage by 30%.
If, after initiation of Stage II, it appears that the shortage will continue or worsen, the mandatory measures of Stage III would be implemented.
- Stage Three (Mandatory)
All restrictions listed in Stages One and Two would become mandatory, plus the following restrictions would also apply:
1) All commercial and industrial Users would be required to adopt previously submitted water conservation plans.
2) It would be mandatory that all large commercial and industrial Users follow the previously submitted conservation plan for their operation which has been approved by the City Council or their designated representative. A customer that fails to submit a conservation plan would be subject to the penalties of Section 5 of this ordinance.
3) Depending upon the severity of the problem, the plan could revert back to stage one or two or be canceled as conditions improve.
- Violations/Penalties
Any person who shall violate any of the mandatory provisions of the plan, or any commercial/industrial User who fails to submit a conservation plan acceptable to the Water Department within 120 days of passage of this ordinance shall be guilty of a misdemeanor and subject to a fine up to but not exceeding $500.
Article 24: Amendment of Rules and Regulations
These Rules and Regulations may be amended at any regular meeting of the Owner or at any special meeting thereof called for such purpose.
READ TWO TIMESANDPASSEDANDAPPROVED by the Owner, City of Rich Hill of Rich Hill, Missouri, this 22nd day of June, 2010, by the following vote:
AYES: Becker, Pilcher, Thurman
NAYS: None
Dahman was absent
________________________________________
Richard Miller, Mayor
ATTEST:
______________________________
Rebecca Rich , City Clerk
(Seal)
CERTIFICATE
I, the undersigned, City Clerk of the City of Rich Hill, Bates County, Missouri, hereby certify that the above and foregoing is a true and correct copy of the actions of the Owner of said City of Rich Hill as the same appears of record in my office, and as it was passed and approved by the Owner of the City of Rich Hill of Rich Hill, Missouri of said Bates County. The action of the Owner has not been altered, amended or repealed as of this 22nd day of June, 2010
____________________________________
Rebecca Rich, City Clerk
(Seal)
