[R.O. 2009 §710.170; CC 1976 §26-111; Ord. No. 645 §I, 7-31-1972]
The following words and terms, when used in this Article, shall
have the meanings set out herein:
Any developer, builder, contractor or other person or partnership,
joint venture, association, firm, private or public corporation, trust,
estate, political subdivision, governmental agency or other legal
entity recognized by law, applying for water service from the City
for consumption outside the City limits.
The City of Higginsville, Missouri, and the Municipal Utilities
Department thereof acting by and through its Superintendent of Utilities.
The water plant as herein defined and the combined water
and electric plants of the City and all appurtenances thereto.
Any applicant that owns a lot, tract or parcel of land, of
which the legal description has not changed since January 1, 1972,
or whose land is not a subdivision as herein defined.
The pipelines installed by the City.
The tubular ducts or pipe, connected together forming a line
designed for conveying water under pressure in supply lines to various
consumers' service lines.
The line, connected to a supply line, pipeline or a water
main, that delivers water to the consumer's meter, or for the consumer's
use.
A division of a lot, tract or parcel of land into other divisions
of land, or a resubdivision of same, into two (2) or more lots or
other subdivisions of land for the purpose of transfer of ownership
or development, whether immediate or future, including all changes
in street or lot lines; provided however, that divisions of land for
agricultural purposes three (3) acres or more as permitted in an agricultural
district and not involving any new street or easement of access or
easements for public utilities shall not be deemed a subdivision.
The mains or pipelines and water purification and pumping
plant, and all appurtenances thereto, of the City.
[R.O. 2009 §710.180; CC 1976 §26-112; Ord. No. 645 §II, 7-31-1972]
A.Â
The
Superintendent of Utilities shall prepare a uniform contract for the
extension of water service outside the City limits and is hereby authorized
to execute such contracts with the Mayor on behalf of the City, subject
to and providing that the following rules, regulations and requirements
be incorporated in such contract:
1.Â
The water supplied under the contract shall be for the sole use of
the applicant, his/her or its heirs, successors and assigns, and applicant
shall agree that he/she will not extend nor permit the extension of
pipes or lines for the purpose of transferring water from the property
described in the contract to any other, nor share, resell or sub-meter
water to any other consumer except for a temporary period to meet
an existing emergency with the written permission of the Superintendent
of Utilities.
2.Â
The City reserves the right to refuse any connection and water service
to any applicant for service if the City's supply line or mains, or
water plant facilities are deemed, in the judgment of the Superintendent
of Utilities to be inadequate or overloaded or for any other reason,
that may be in the best interest of the City.
3.Â
All applicants receiving water from the City shall conserve and restrict
the use of water and obey all emergency regulations promulgated by
the Superintendent of Utilities in any emergency situation.
4.Â
All pipelines, service lines, and all connections must meet all requirements
of the City and of the Missouri Department of Health. If all sanitary
requirements of the City and the Missouri Department of Health are
not fulfilled the water service shall be immediately discontinued.
5.Â
Inspections of all pipelines, service lines, and all connections
may be made at any time during business hours by personnel from the
Missouri Department of Health, the Municipal Utilities of the City,
or any other governmental agency controlling sanitation or pollution
and they shall have the right to enter onto the applicant's property
and easements for inspection of said water system.
6.Â
Water main extensions shall include no main smaller than six (6)
inches in size and hydrants shall be spaced according to the then
existing design criteria of the Municipal Utilities Department; provided
however, the Municipal Utilities Department may require:
a.Â
The use of eight (8) inch mains in lieu of six (6) inch mains if
in its best judgment, the eight (8) inch main is necessary for the
best interest of the City.
b.Â
The use of smaller mains in areas otherwise provided with fire protection.
c.Â
The use of mains larger than eight (8) inches if in the judgment
of the Superintendent of Municipal Utilities such larger main is required
or needed by the applicant for such water main extension.
7.Â
All water main extensions shall be constructed by the City by contract
awarded on competitive bids or by force account using City employees
and equipment owned or rented by the City or by any combination of
such methods; provided however, that the Superintendent of Municipal
Utilities, in his/her discretion, may require any applicant for a
water main extension to construct the same.
8.Â
If the main extension is constructed by the applicant, rather than
the City, the applicant or his/her agent, servant, employee, independent
contractor or such other person, firm, partnership, corporation or
association, by whom such work is to be performed, shall file with
the Superintendent of Municipal Utilities a construction and maintenance
bond in an amount equal to the estimated cost of the project, conditioned
that such work will be done in accordance with the Municipal Utilities
Department's standard specifications and guaranteeing the work and
maintenance of trenches for a period of three (3) years from the date
of acceptance of the work.
Before commencing work upon the said project, the applicant
or his/her agent, servant, employee, independent contractor or such
other persons, firm, partnership, corporation or association by whom
such work is to be performed shall also file with the Municipal Utilities
Department a certificate of public liability insurance in favor of
the City, conditioned to protect and save harmless the City from all
claims for damages to property or injury to persons by reason of such
construction work and indemnifying the City on account of such claims
or injuries, the amount of said insurance to be approved by the Municipal
Utilities Department.
9.Â
All applicants for water main extensions shall be responsible for
all costs, including but not limited to the applicant's construction
costs and administrative costs of the City, occasioned by the making
of the extension. A design shall be prepared by a qualified engineer
employed by the applicant and satisfactory plans shall be submitted
for approval by the Superintendent of Municipal Utilities. Service
for Water Districts may be in the form of contracts negotiated with
the Superintendent of Municipal Utilities and approved by ordinance.
All Water District contracts shall be subject to the provisions of
the contract between the City and the Water District.
Rules and regulations by which an applicant may accomplish the
engineering design of water main extensions by a registered, professional
engineer in private employment shall be supplied by the Superintendent
of Municipal Utilities.
The applicant for any water main extension, to be constructed
by the City, shall make a deposit with the City in the amount equal
to the estimated cost of such extension, which shall include all costs
for materials, labor, transportation, equipment and other costs, but
shall include no charge for engineering if the applicant furnishes
engineering services at his/her expense, but administration and other
overhead costs shall be included.
When the actual cost of any water main extension is known, the
City shall refund that part of the applicant's deposit which is in
excess of the actual cost. In case the deposit is less than the actual
cost, the Superintendent of Municipal Utilities may require that the
deficiency be made up by an additional deposit to be effected before
any connection to the line is made by the applicant.
10.Â
All water main extensions made in accordance with contracts authorized
by this Article shall be the property of the City, except as otherwise
provided herein or in said contract, and the control, operation and
right of use thereof shall be vested wholly and exclusively in the
City unless the contract makes other provisions.
11.Â
For any and all contracts authorized by this Article the City may,
at its option, refuse to permit service connections until the applicant
has furnished a certified statement of the actual construction costs
and has certified that all bills and claims relating to the project
have been paid which certification must be delivered to the Superintendent
of Municipal Utilities. The City may prohibit connections to its water
system and will withhold any refunds while there is any claim against
the applicant for unpaid bills or other obligations arising out of
the installation of the water main extension, provided however, that
if the applicant indemnifies the City to its satisfaction against
any disputed claim this provision may be waived by the Department
of Municipal Utilities.
12.Â
No applicant will be allowed to make a physical connection between
any private water system and the City Water System.
13.Â
If any water leak develops in the applicant's water system it shall
be cause for immediate discontinuation of water service by the City
until repairs are made by the applicant.
14.Â
Applicants planning a subdivision, reasonably to be expected to be
annexed to the City in the future, not presently being served by the
City electrical power and not receiving power for such planned subdivision
for any other source, shall request both water and electrical services
from the City. However, such applicant may only receive such services
if the City, acting on the recommendation of the Superintendent of
Municipal Utilities, finds it is economically feasible to serve said
area, and upon a favorable finding by the Board of Aldermen the applicant,
before receiving such service, shall execute a written contract complying
with the provisions of this Article.
[R.O. 2009 §710.190; CC 1976 §26-113; Ord. No. 645 §III, 7-31-1972]
B.Â
The
individual applicant must apply for water in writing and must state
what the water is to be used for, what size and type of water line
is to be installed and used beyond the length of line specified by
the City.
C.Â
All
individual applicants' connections shall be of a size and of copper
or cast iron as specified by the Municipal Utilities Department of
the City, according to the size of said connection. Applicant shall
pay for the pipeline of adequate capacity from the connection to the
City waterline to the point of usage. The meter location shall be
as near as possible to the tap location as designated by the Municipal
Utilities Department and any easements or permissions required to
locate said meter or service pipe or line shall be furnished by the
applicant. All construction from the connection from the City waterline
to the meter and ten (10) feet beyond shall be installed according
to the requirements of the Municipal Utilities Department of the City.
In the event that the City limits or the City Water Distribution System
is expanded to include the existing customers in the area such service
lines shall remain the property of the applicant. However, if at some
future time customers connected to said line wish to change their
water service to the new system they will be considered new customers
of the Municipal Utilities Department and will be required to pay
any fees or charges in effect at that time. These provisions shall
not alter the existing obligations of individual customers making
payments on the I-70 waterline and they shall continue their payments
until the line is paid for.
D.Â
Only
one (1) customer to a tap shall be permitted.
E.Â
The
individual applicant must submit a drawing and legal description of
his/her property and an area map showing all easements and area of
property to be served.
F.Â
Before
an individual applicant may proceed with the construction of a line
designed to be connected to the City's Water Distribution System he/she
must execute a notarized contract with the City and deposit all fees
prior to construction.
[R.O. 2009 §710.200; CC 1976 §26-114; Ord. No. 645 §IV, 7-31-1972]
A.Â
All
subdivision applicants shall submit a recorded plat and legal description
of the subdivision intended to be served. The plat shall be on a twenty-four
(24) inch by thirty-six (36) inch drawing and the scale shall be one
inch equals one hundred (100) feet (1 inch = 100 feet). The plat shall
indicate all easements, roads, lanes, paths, locations and size of
all waterlines, valves, fire hydrants and all accesses to and throughout
said subdivision. The applicant shall also submit an area map showing
locations of subdivisions in relation to any existing City waterline
of adequate capacity and to the City limits. All easements, structures,
distances and waterlines to a subdivision shall be indicated on said
area map.
B.Â
A subdivision
applicant shall make a written application for and state the use to
be made of the water. He/she shall specify the size, type of manufacture
of all pipelines, valves, meters, fire hydrants and all other appurtenances,
and construction drawings and specifications shall be submitted to
and approved by the Superintendent of Municipal Utilities. Waterline
sizes and fire hydrant locations must be at least such as are required
by the City and the Insurance Services Office of Missouri. The City
shall have the right to inspect the water system during construction
and to approve the system after it is complete prior to furnishing
water to the applicant. If the water system is so designed or installed
or of such materials that it shall not be approved by the Superintendent
of Municipal Utilities, the City may refuse water service until the
City's specifications have been complied with.
C.Â
The
waterline to and inside any subdivision shall conform to all City
specifications and the Uniform Plumbing Code as most recently approved
and available to said applicant in the office of the Superintendent
of Municipal Utilities.
D.Â
The
subdivision applicant shall pay for all construction costs, from the
point of attachment to a City waterline of adequate size to the point
of usage, tapping, attachment and other fees, and any other charges
or fees in effect at the time, shall be paid for by the applicant
before he/she shall receive delivery of water.
E.Â
The
applicant shall be responsible for obtaining all easements, and permissions
required.
F.Â
The
City will install and pay for a master meter at a location specified
by the City. All waterlines that are inside the City limits shall
become the property of the City. The City shall maintain and use this
section of line as a part of the City's Water System. The applicant
shall be responsible for all water sold to said subdivision, and for
all future maintenance until said subdivision is annexed into the
City. Also, the applicant shall be responsible for all individual
billing, meter reading and connections for customers in the subdivision
prior to annexation.
G.Â
The
subdivision applicant shall be responsible for furnishing to the Missouri
Department of Health or any other governmental agency all water samples,
reports and records that may be required. The subdivision applicant
shall pay an attachment fee as follows:
|
|
( 3 to 5 homes
|
$2,000.00
| |
|
6 inch or 8 inch lines
|
( 6 to 10 homes
|
$3,500.00
| |
|
( over 10 homes
|
$5,000.00
| ||
|
|
If the applicant attaches to the I-70 waterline the above fees
shall be placed into a Sinking Fund account. Every year thereafter
one-fourth (¼) of the accumulated amount, as long as it does
not exceed one (1) year's payment, shall be applied to the reduction
of the monthly waterline payments and thereafter similar applications
will be continued until the Sinking Fund is depleted or the waterline
is paid off.
| ||
|
|
If the subdivision applicant attaches to any other City waterline
the attachment fee shall go to the City Waterworks Surplus Fund.
| ||
H.Â
The
subdivision applicant shall not commence construction of any waterlines
to be connected to the City Water System until he/she shall have executed
a notarized contract.
[R.O. 2009 §710.210; CC 1976 §26-116; Ord. No. 645 §VI, 7-31-1972]
Whenever the City limits are moved south from the original limits
set by the I-70 waterline, the City will increase its monthly payment
to correspond with that section of waterline included, providing that
the City limits extend at least one-half (½) mile east or west
of the centerline of No. 13 Highway. Anyone under contract to pay
for the I-70 waterline will continue to do so until the existing bonded
indebtedness is paid or until the City has assumed all payments on
the existing bonded indebtedness after annexation.
[R.O. 2009 §710.220; CC 1976 §26-117; Ord. No. 645 §VII, 7-31-1972]
All contracts for extensions of water service outside the City
limits shall be subject to the provisions of this Article. The owners
or their attorneys in fact shall agree that the premises described
in their application are affected by this Article which shall be considered
as a covenant running with the land that shall be binding upon the
parties, their heirs, successors or assigns and may be enforced by
any court having proper jurisdiction in the event of default in payment
of any sums agreed upon. If such agreement is executed by a lessee
the covenant running with the land shall be restricted to the unexpired
term of the leasehold interest; however, this shall not release the
lessee from personal obligation unless written consent is obtained
from the Superintendent of Municipal Utilities or the owner or any
subsequent purchaser or lessee, agrees to assume his/her obligation.
[R.O. 2009 §710.230; CC 1976 §26-118; Ord. No. 645 §VII, 7-31-1972]
The Municipal Utilities Department is hereby authorized to disconnect
any water service at the main if deemed necessary to prevent loss
from any water leak or from unauthorized use of water, in which case
the owner of the property served by the connection shall reimburse
the Municipal Utilities Department for the actual expense of the disconnection.
Re-connections of services disconnected from the main shall be subject
to pertinent rules and regulations of the Municipal Utilities Department
provided a permit for such re-connection is obtained and same shall
be made solely at the expense of the owner of the premises served.
[R.O. 2009 §710.240; CC 1976 §26-119; Ord. No. 645 §VIII, 7-31-1972]
It shall be unlawful for any person to tamper with any water
main, pipeline, service line, connection or water meter or to make
any connection to the City's Waterworks System without written permission
from the Municipal Utilities Department or to re-connect service when
service has been discontinued for nonpayment of a bill for service
until such bill, including re-connection charge, has been paid in
full.
