[R.O. 2014 §520.010; Ord. No. 585 §1, 11-28-1990]
All construction, design, installation, maintenance, alterations
and inspection of water mains or pipes hereafter erected or performed,
shall conform at least with the provisions of the Technical Specifications
for Water Main Design and Construction dated July 1990 and approved
by the Missouri Department of Natural Resources Public Drinking Water
Program, three (3) copies of which Technical Specifications for Water
Main Design and Construction are on file in the office of the City
Clerk and made a part hereof and are being expressly adopted by reference
as the construction standard for the City of Marshfield. Any Developer
or Contractor desiring to construct a water main shall submit at least
one (1) set of detailed documents to the City at least thirty (30)
days prior to date upon which action by the City is desired. The documents
should include the general layout, approved detailed plans, specifications,
summary of design data, population to be served, types of establishments
to be served, proximity to other water supplies, existing water and
sewer mains and utility easements. Prior to beginning actual construction,
the developer or his/her agent shall submit to the City an approved
construction permit issued from the Missouri Department of Natural
Resources. Any deviations from the approved plans or specifications
must be approved by the Water Department Superintendent in writing
before such changes are made. A set of "As Built Plans" shall be filed with the City at the completion of work.
[R.O. 2014 §520.020; Ord. No. 585 §2, 11-28-1990]
This Chapter shall be construed to secure its expressed intent
and ensure public safety, health and welfare insofar as they are affected
by water main design and construction, and, in general, to secure
safety to life and property from all hazards incident to the design,
installation, maintenance, alteration, repair, erection, removal of
water mains connected to the municipal water system of the City of
Marshfield.
[R.O. 2014 §520.030; Ord. No. 585 §3, 11-28-1990]
The provisions of this Chapter shall apply to all real estate,
lots, streets and easements within the City of Marshfield, and all
water mains, pipes and easements located outside the City limits of
the City of Marshfield, which are connected, or which propose to connect
to the Marshfield Municipal Water System; and shall apply with equal
force to municipal, County, State and private water mains and pipes
except where such mains and pipes are otherwise specifically provided
for by Statute.
[R.O. 2014 §520.040; Ord. No. 585 §4, 11-28-1990]
No water main or pipe shall be constructed, extended, repaired,
removed or altered and no water mains or pipes shall be constructed,
extended, repaired, removed, or maintained in violation of these provisions.
[R.O. 2014 §520.050; Ord. No. 585 §5, 11-28-1990]
The Water Superintendent may designate an employee as his/her
deputy who shall exercise all the powers of the Water Superintendent
during the temporary absence or disability of the Water Superintendent.
[R.O. 2014 §520.060; Ord. No. 585 §6, 11-28-1990]
No Inspector shall be engaged directly or indirectly with the
furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a water main, or the preparation of plans
or specifications therefore, nor shall such officer or employee engage
in any work which conflicts with his/her official duties or the interests
of the Department of Waterworks.
[R.O. 2014 §520.070; Ord. No. 585 §7, 11-28-1990]
The Water Superintendent, or other employee charged with enforcement
of these specifications, while acting for the municipality, shall
not thereby render himself/herself liable personally, and is hereby
relieved from all personal liability for any damage that may accrue
to persons or property as a result of any act required or permitted
in the discharge of his/her duties, and under the provisions of these
specifications he/she shall be defended as a legal representative
of the municipality until the final termination of the proceedings.
In no case shall the Water Superintendent, or any of his/her subordinates,
be liable for costs in any action, suit or proceeding that may be
instituted pursuant to the provisions of this specifications; any
officer of the Water Department, while acting in good faith and without
malice, shall be free from liability for acts performed under any
of the provisions of these specifications, or by reason of any act
or omission in the performance of his/her official duties in connection
therewith.
[R.O. 2014 §520.080; Ord. No. 585 §8, 11-28-1990]
The Water Superintendent shall receive applications for the
erection and alteration of water mains or pipes, and examine premises
for which such permits have been issued, and shall enforce compliance
with provisions of Technical Specifications for Water Main Design
and Construction.
[R.O. 2014 §520.090; Ord. No. 585 §9, 11-28-1990]
The Water Superintendent or a designated inspector shall make
all the required inspections, or he/she may accept reports of inspections
of authoritative and recognized services or individuals. All reports
of such inspections shall be in writing and certified by a responsible
officer of such authoritative service, or by the responsible individual,
or he/she may engage such expert opinion as he/she may deem necessary
to report upon unusual technical issues that may arise, subject to
approval of the Board of Aldermen of the City of Marshfield.
[R.O. 2014 §520.100; Ord. No. 585 §10, 11-28-1990]
The Water Superintendent shall promulgate rules under the procedures
provided subsequently in this Chapter, establishing the conditions
for use of new materials consistent with the provisions of Technical
Specifications for Water Main Design and Construction and with minimum
requirements based upon accepted engineering practices. The Water
Superintendent shall have such power as may be necessary in the interests
of the public safety, health and general welfare, to adopt and promulgate
rules and regulations to interpret and implement the provisions of
Technical Specifications for Water Main Design and Construction, and
to secure the intent and purpose thereof. All rules adopted by the
procedures herein established shall have the same effect as the provisions
of the specifications. Such rules may be amended or repealed at any
time by the same procedure herein prescribed for their adoption. No
rule or regulation shall become effective until four (4) weeks after
the intention to adopt such rule shall have been published in accordance
with local Statutes in an official paper or public newspaper with
general circulation in the municipality, and only after a public hearing
shall have been held on the rule.
[R.O. 2014 §520.110; Ord. No. 585 §11, 11-28-1990]
Where there are practical difficulties involving carrying out
structural or mechanical provisions of Technical Specifications for
Water Main Design and Construction, or of an approved rule, the Water
Superintendent, with the verbal approval of the Department of Natural
Resources, may vary or modify such provisions upon application of
the contractor, or his/her representative, provided that the spirit
and intent of the specifications shall be observed and public welfare
and safety be assured. The application for modification and the final
decision of the Water Superintendent shall be in writing and shall
be officially recorded in the application for the permit in the permanent
records of the Water Department Superintendent.
[R.O. 2014 §520.120; Ord. No. 585 §12, 11-28-1990]
Whenever the provisions of this Chapter, or the Technical Specifications
for Water Main Design and Construction, or of the plans and specifications
approved thereunder, are not complied with, a "stop-work order" shall be served on the owner or his/her representatives and a copy
thereof shall be posted at the site of construction. Such stop-work
order shall not be removed except by written notice of the Inspector
after satisfactory evidence has been supplied to him/her that the
violation has been corrected.
[R.O. 2014 §520.130; Ord. No. 585 §13, 11-28-1990]
An owner, lessee, agent, or operator aggrieved by any order
issued pursuant to this Chapter may file an appeal to the Board of
Aldermen of the City of Marshfield within ten (10) days from the service
of such order or the denial of an authorization to proceed by the
Water Department Superintendent, and the Board of Aldermen shall set
a time and place as to when and where such appeal may be heard by
the Board of Aldermen. Such appeal shall stay the execution of said
order until such time as it has been heard and revised, confirmed,
or rescinded. The Board of Aldermen shall, at a hearing of an appeal,
affirm, modify, revoke or direct that such order be withdrawn. Unless
revoked or vacated, such order shall be complied with. Nothing herein
contained, however, shall be deemed to deny the right of any person,
firm, corporation, co-partnership, or voluntary association to appeal
from an order from the provisions contained herein, or a decision
of the Board of Aldermen of the City of Marshfield to a court of competent
jurisdiction.
