[R.O. 1952 §25.25; CC 1988 §28-68]
It shall be unlawful for any person to dig, bore or drill a
well for the purpose of obtaining water within the City without first
applying for and obtaining the consent and permission of the City
Council to do so; provided, that no permission shall be issued for
a well of greater depth than two hundred fifty-five (255) feet.
[R.O. 1952 §25.26; CC 1988 §28-69]
Every application for permission to drill a well shall contain
the averment that the applicant will observe and obey all of the provisions
of this Article, and all amendments thereto, and any all rules and
regulations promulgated by the County Board of Health, the State Board
of Health and the State Division of Geological Survey and Water Resources.
Such application shall be signed by both the real estate owner and
the contractor.
[R.O. 1952 §25.27; CC 1988 §28-70]
Any well dug, bored or drilled in the City shall conform to
the regulations and conditions of the County Board of Health, the
State Board of Health and the State Division of Geological Survey
and Water Resources.
[R.O. 1952 §25.28; CC 1988 §28-71]
Every person who shall have a well drilled, bored or dug in
the City, and every contractor digging such well, shall furnish samples
to the State Division of Geological Survey and Water Resources and
make all tests required by the City Manager, and at all times follow
the directions of the City Manager in reference to tests of the water
flow in the City-owned wells, and at all times be under the supervision
of the Water Department of the City, the State Board of Health and
the State Division of Geological Survey and Water Resources and their
agents and representatives.
[R.O. 1952 §25.29; CC 1988 §28-72]
The County Board of Health, the State Board of Health or the
State Division of Geological Survey and Water Resources shall have
the authority to determine, upon proper tests, what effect the digging,
boring or drilling of any well is having, or will have, on the flow
of water from City-owned wells. Upon their finding that the drilling,
boring or digging of any well is detrimentally affecting the flow
of the City-owned wells and the City water supply, the City Council
shall immediately order any person digging, drilling or boring such
well to cease work and to cause such well to be hermetically sealed.
[CC 1988 §28-73; Ord. No. 1234 §1, 2-15-1960]
The redigging, reboring or redrilling of any well for the purpose
of obtaining water within the City shall be governed in all cases
in the same manner as in the case of digging, boring or drilling a
well for such purpose, as provided in this Article.
[CC 1988 §28-74; Ord. No. 1248 §1, 4-6-1960; Ord.
No. 2623 §1, 1-3-1978]
Any person having a privately owned well or any person using water from a privately owned well, which is connected to the sewer system of the City, shall be required to equip such well or water supply pipe with a water meter, for the purpose of ascertaining the amount of money due the City under its sewer service charge authorized by Section 700.040.
[CC 1988 §28-75; Ord. No. 2623 §1, 1-3-1978]
A.
If
the owner of such well or the user of water from such well does not
voluntarily equip such well or water supply pipe with a water meter,
the City Council may, after following the notice and hearing procedure
hereinafter set forth, authorize the City Manager, or other officer
or representative of the City designated to prepare and render bills
for sewer services, to bill the owner of such well or the user of
water from such well, as shown by the City tax records or by the most
recent City sewer bill for sewage disposal service, at six (6) times
the monthly minimum sewage rate authorized by ordinance.
B.
Before proceeding to bill in accordance with Subsection (A) of this Section, there shall be a hearing before the City Council at a regular Council meeting. The owner of such well or the user of water from such well, as shown by the City tax records or by the most recent City sewer bill, shall be given twenty (20) days' written notice of the meeting by the Chief of Police for the purpose of presenting reasons for not equipping such well or water supply pipe with a water meter, to present evidence of the exact number of gallons of water such well owner or water user uses each month, and for presenting alternate methods by which the City can determine the exact number of gallons of water used each month by such well owner or such water user. After the hearing, the Council may proceed by motion and affirmative majority vote thereon to authorize the City Manager, or other officer or representative of the City designated to prepare and render bills for sewer services, to bill in accordance with Subsection (A) of this Section.
C.
Thereafter, whenever the owner of such well or the user of water from such well equips such well or water supply pipe with a water meter in accordance with this Article, the City Manager shall, commencing with the next regular monthly sewer billing, cause such well owner or such water supply user to be billed for sewage disposal service in accordance with the City's regular sewer service charge authorized by Section 700.040.
D.
The
City shall have the power to sue the owner of such well or the user
of water from such well in a civil action to recover any sums due
for sewage disposal service, plus a reasonable attorney's fee, to
be fixed by the court.
[CC 1988 §28-76; Ord. No. 1248 §2, 4-6-1960; Ord.
No. 2623 §1, 1-3-1978]
Such water meter and appurtenances shall be provided by the
City and installed by the owner, and the cost of such meter, together
with the cost of the installation thereof, shall be borne by the owner
of such well or the user of water from such well. The City shall inspect
and approve said installation. The owner shall provide the City with
accessibility.
[CC 1988 §28-77; Ord. No. 1248 §3, 4-6-1960; Ord.
No. 2623 §1, 1-3-1978]
All water meters installed under the provisions of this Article
shall remain the property of the City.
[CC 1988 §28-78; Ord. No. 1248 §8, 4-6-1960; Ord.
No. 2623 §1, 1-3-1978]
Any person owning or operating a private well or using water
from a private well is hereby prohibited from making or causing to
be made any cross-connection between such private well system and
the water system of the City.
[CC 1988 §28-79; Ord. No. 1248 §9, 4-6-1960; Ord.
No. 2623 §1, 1-3-1978]
The City shall have the right to inspect at any time all privately
owned wells and premises using water from a privately owned well to
determine whether or not the provisions of this Article are being
complied with and to determine the existence or non-existence of cross-connections
between such private well system and the City water system. It shall
be the duty of the Superintendent of Water and Sewers, under the direction
of the City Manager, to make such inspection.
[CC 1988 §28-80; Ord. No. 1248 §11, 4-6-1960; Ord. No. 2623 §1, 1-3-1978]
[CC 1988 §28-81; Ord. No. 1248 §10, 4-6-1960; Ord. No. 2623 §1, 1-3-1978]
In the event that any seal on a water meter is broken by anyone other than the Superintendent of Water and Sewers or in the event that any person violates the provisions of Sections 705.190 — 705.240 prohibiting cross-connections, the Superintendent of Water and Sewers, under the direction of the City Manager, is hereby authorized to cut off the water from such meter or order the owner or user of such private well system to forthwith cease and desist further operation thereof.
[CC 1988 §28-82; Ord. No. 1248 §10, 4-6-1960; Ord. No. 2623 §1, 1-3-1978]
If the Superintendent of Water and Sewers has cut off the water from any meter or if he/she has ordered the owner or user of any private well system to cease and desist from further operation thereof, such owner or user may not resume operation until all of the provisions of Sections 705.190 — 705.240 are fully complied with and all fines imposed on account of any violation hereof are paid, together with such court costs as are adjudged against him/her.
