City of Herculaneum, MO
Jefferson County
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Table of Contents
Table of Contents
Cross Reference — As to automobile dealerships operating car washes and use of water relating thereto, see §610.100.
[Ord. No. 103 §1]
These rules and regulations have been adopted to govern the water services furnished by the City in a uniform manner for the benefit of the City and its water users. They are subject to change from time to time. If any portion of these rules shall be declared invalid by competent authority, such voidance shall not affect the validity of the remaining portions.
[Ord. No. 103 §2]
The following expressions when used herein will have the meaning stated below:
APPLICANT
Any individual, firm, partnership, corporation or other agency owning land located within the City, applying for a water users agreement.
BOARD
The Board of Aldermen of Herculaneum, Missouri.
WATER USER
Any individual, firm, partnership, corporation or other agency receiving water and water services, or to whom water services are made available, from the City's facilities pursuant to a written water users agreement.
POINT OF DELIVERY
The point of delivery shall be at the meter, unless otherwise specified in the Water User's Agreement.
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 adequate to meet the water user's requirement. Service shall be considered as available when the City maintains the water supply at normal pressure at the point of delivery in readiness for the water user's use, regardless of whether or not the water user makes use of it.
WATER USER'S AGREEMENT
The written agreement or contract between the water user and the City, pursuant to which water service is supplied or made available.
WATER SERVICE
A water service shall consist of facilities for supplying water to one residence or business establishment.
[Ord. No. 103 §3]
Rate schedule for water and water service is fixed by the Board, and is subject to change by action of the Board. If a provision of the rules and regulations conflict with a 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 cost 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 bond and authorizing resolutions, the Board will increase the water rates for the first month thereafter to an amount sufficient to meet these costs and obligations.
[Ord. No. 103 §4]
Applicants for water user's agreements shall make application to the Clerk of the City.
[Ord. No. 103 §5; Ord. No. 284 §1]
Before installing a service extension and providing water, the Board may require the applicant to pipe his home and be in readiness to accept service. There will be an exception for the water user with more than one service already on one meter, providing the water user pay the minimum per month per user as set forth herein.
[Ord. No. 103 §6]
A 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. If an emergency or specific situation should make such an arrangement advisable, it shall be done only on specific written permission of the Board for the duration of the emergency.
[Ord. No. 103 §7]
Representatives of the City 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.
[Ord. No. 103 §8]
The City will make all reasonable efforts to supply continuous, uninterrupted service. However, it shall have the right to interrupt service for the purpose of making repairs, connections, extensions, or for other necessary work. Efforts will be made to notify water users who may be affected by such interruptions, but the City will not accept responsibility for losses which might occur due to such necessary interruptions. The City does not accept responsibility for losses which might occur due to interruptions to service for any causes.
[Ord. No. 103 §9]
Meters will be furnished, installed, owned, inspected, tested and kept in proper operating condition by the City, without cost to the water user, except that each water user shall pay a connection fee set by the Board which shall not be refundable. A complete record of tests and histories of meters will be kept. Meter tests will be made according to methods of the American Waterworks Association by the City as often as deemed necessary by the Board.
[Ord. No. 103 §10]
Service meter errors which do not exceed two percent (2%) fast or slow shall be considered as being within the allowable limits of accuracy for billing purposes. The percentage of error will be considered as that arrived at by taking the average of the error at full load and that at ten percent (10%) load, unless a water user's rate of usage is known to be practically constant, in which case the error at such constant use will be used.
[Ord. No. 103 §11]
Meters shall be set in an accessible place on the outside of buildings except where otherwise directed by the City. All meters shall be set horizontally and never connected into a vertical pipe. Meters outside of buildings shall be placed in meter boxes furnished and installed by the City.
[Ord. No. 103 §12; Ord. No. 185 §1; Ord. No. 040-2007 §1, 12-10-2007]
Bills will be rendered for service by the twentieth (20th) day of the month in which the service was rendered as set forth in the rate schedule. Service bills not paid by the twentieth (20th) of the month following shall be subject to a two percent (2%) per month late charge. Failure of the City to submit a service bill shall not excuse the water user from his/her obligation to pay for the water used when the bill is submitted. Failure to pay a bill will result in the disconnection of service in accordance with the provisions set forth in Section 630.125 of this Code.
[Ord. No. 03-005 §1, 5-12-2003; Ord. No. 040-2007 §1, 12-10-2007]
A. 
Water services and sewer services shall be deemed to be furnished to both the occupant and owner of the premises receiving such service and the City shall have the power to sue the occupant or owner, or both, of such real estate in a civil action to recover any sums due for such service, plus a reasonable attorney's fee to be fixed by the court.
B. 
Subject to the provisions of Subsection (C) of this Section 630.125, the City may disconnect, discontinue or shut off water service for any of the following reasons:
1. 
For molesting or tampering by the customer or others with the knowledge of the customer, with any meter, connections, service pipe, curb cock, service cock, seal or any other appliance of the City controlling or regulating the water user's water supply.
2. 
For failure to provide the City's employees free and reasonable access to the premises supplied or for obstructing the way of ingress to the meter or other appliances controlling or regulating the customer's water supply.
3. 
For failure to pay a bill tendered for water supply, water service, meter service or meter maintenance or for any other fee or charge accruing under this Chapter within sixty (60) days after said bill is rendered.
4. 
In case of vacancy of the premises.
C. 
The City shall not discontinue the service of any water user or owner of the premises receiving City water for violation of any rule or regulation of the City or for non-payment of bills or any other reason set forth above in Subsection (B), except upon notice given at least two (2) days prior to the date of discontinuance. Said notice may be sent certified mail, return receipt requested, to the occupant of the building, if the occupant is the water user, and to the owner of the premises receiving such service, if different than that of the occupant and, if such owner has requested, in writing, to receive any notice of discontinuance or termination and has provided the City with the owner's business address. In lieu of service by mail as set forth in the prior sentence, said notice may be personally delivered to the occupant and/or owner at least two (2) days prior to the discontinuance of service. In the case of a residential occupant, personal delivery may be accomplished by leaving said notice with a member of the occupant's household over the age of fifteen (15) years or, in the case of a commercial occupant, leaving said notice with the occupant's office manager; and where an owner has requested to receive notice of any termination, said notice may be personally delivered to the owner. Said notice shall advise the occupant and/or owner which provision of the Code of the City of Herculaneum has been violated. Further provided, that where fraudulent use of the water is detected or where the City's regulating measures or measuring, equipment has been tampered with or dangerous issues are found to exist on the owner or occupant's property, service may be shut off without notice in advance.
D. 
Discontinuing, disconnecting or shutting off the supply of water to a premises, pursuant to the provisions of this Section, shall not prevent the City from pursuing any lawful remedy provided in this Code for the collection of money due from the water user, occupant or owner.
[Ord. No. 103 §13; Ord. No. 221 §1; Ord. No. 040-2007 §1, 12-10-2007]
A. 
The reconnection charge for restoration of service, if reconnection is authorized and approved under the provisions of the laws of the City after each disconnection or suspension of service pursuant to Section 630.125 or any other provisions of this Code; shall be the unpaid amount of any water bill or other fees due and a charge of ten dollars ($10.00). If the water user demands that the reconnection be made at any time other than the hours between 8:00 A.M. and 4:00 P.M. on Mondays through Fridays or on any holidays which City employees may receive, then such water user shall be charged an additional amount equal to the actual cost incurred by the City for reconnection.
B. 
Water shall not be turned on to any premises unless there is at least one (1) adult person therein at such time to see that all water outlets in the premises are closed to prevent damage by escaping water.
[Ord. No. 103 §14]
Meter tests requested by water users will be performed without cost to the water user if the meter is found to be in excess of two percent (2%) fast. Otherwise the water user for whom the requested test was made will be charged the cost of making the test.
[Ord. No. 103 §15]
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.
[Ord. No. 103 §16]
It shall be the water user's responsibility to anticipate any change of occupancy and to withdraw the balance of the meter deposit less any amounts due the City. Until such withdrawal is made, the original water user shall be responsible for the payment of service.
[Ord. No. 103 §17]
The City 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. The service pipe shall not be less than three-quarter (¾) inch in size. The City will also install the meter and meter setting. The meter will set in front of the premises to be served or at the closest point on the water user's premises as designated by the City.
[Ord. No. 311 §1; Ord. No. 313 §1; Ord. No. 548 §§1 — 2, 7-12-1993; Ord. No. 98-001, 1-12-1998; Ord. No. 02-017 §1, 6-10-2002]
A. 
Connection fees and deposits for one (1) inch or larger water taps.
1. 
Any person desiring to be served by the Water Department of the City of Herculaneum shall apply in writing to the City Water Clerk on a printed form furnished by the City for that purpose.
2. 
The form furnished shall provide space for the recording of all pertinent information including:
a. 
A full and adequate description of the property to be served,
b. 
The general uses to which the water is to be subjected (household, commercial, industrial).
3. 
The application for service will be directed to the Public Works Coordinator and he/she or his/her office will carefully review the information before approving or denying the application.
4. 
All single units shall be assessed a minimum tap-on fee of three hundred seventy-five dollars ($375.00) or the actual cost to tap on, whichever is greater. All multiple units served by one (1) meter shall be assessed a minimum tap-on fee of three hundred seventy-five dollars ($375.00) or the actual cost to tap on plus ten percent (10%) of the actual cost to tap on, whichever is greater.
5. 
Applications for water service shall be made to the City Water Clerk by the owner or the occupant of the property to be serviced. At the time of such application there shall be deposited with the City the estimated amount of the cost of making the water connections. On making such application and deposit, the water service will be rendered, provided that a water main is readily accessible to the property. All costs of installation of water service shall be paid to the City Water Clerk before service will be turned on.
6. 
The charge to be made against such deposit shall be known as the connection charge and shall be used by the City to reimburse the Water Department for the cost of the water meter and the cost of materials and labor used in making the service connection from the water main to the water meter setting.
Residential water users requiring a three-quarter (¾) inch meter service and applicants therefor shall make a connection fee of two hundred twenty-five dollars ($225.00) for the costs of the water meter, material and labor used in making the service connection up to fifty (50) feet from the water main to the water meter setting. All three-quarter (¾) inch services requiring over fifty (50) feet of pipe, the applicant shall pay all cost of labor and material for the installation over the two hundred twenty-five dollars ($225.00).
7. 
The service meter deposit for a three-quarter (¾) inch meter shall be fifty dollars ($50.00) if the service is provided to a homeowner. The service meter deposit for a three-quarter (¾) inch meter shall be one hundred dollars ($100.00) if the service is provided to a renter. The service deposit for meters over three-quarter (¾) inch in size will be equal to the price of said meter at the time the meter was purchased.
[Ord. No. 103 §19]
In the event of applicant whose water requirements are found to exceed the City's ability to supply it from existing plant without adversely affecting service to other water users to an unreasonable extent, the City will not be obligated to render such service, unless and until suitable self-liquidating financing is arranged to cover necessary investment in additional plant.
[Ord. No. 103 §20]
There shall be no physical connection between any private water system and the water system of the City. Representatives of the City shall have the right at all reasonable hours to enter upon water user's premises for the purpose of inspection and enforcement of this provision. Violation of this provision shall constitute cause for disconnection of a water user's service.
[Ord. No. 103 §21; Ord. No. 312 §§1 — 2; Ord. No. 369 §1; Ord. No. 03-003 §1, 2-10-2003; Ord. No. 16-2010 §1, 6-29-2010; Ord. No. 20-2011 §1, 6-27-2011; Ord. No. 021-2012 §1, 6-25-2012; Ord. No. 21-2013 §1, 7-22-2013]
A. 
The base rate for the first one thousand (1,000) gallons of water usage shall be thirteen dollars thirty-six cents ($13.36). Thereafter, the rate for water usage shall be the amount of seven dollars sixty-nine cents ($7.69) for every additional one thousand (1,000) gallons of water usage up to one hundred thousand (100,000) gallons of water usage. Any user using over one hundred thousand (100,000) gallons of water usage will pay six dollars sixty-nine cents ($6.69) for each additional one thousand (1,000) gallons above one hundred thousand (100,000) gallons of water.
B. 
Water usage will be billed to the closest one hundred (100) gallons.
C. 
Each water user assessed an additional monthly charge for more than one (1) service on a meter shall also be allowed the minimum gallon usage per each charge.
D. 
New multiple-unit users served by one (1) meter, approved by the Supervisor, shall be charged the monthly minimum and be allowed the minimum gallon usage per each unit.
[Ord. No. 17-2010 §§1 — 6, 6-29-2010]
A. 
The Director of the Herculaneum Water Department is to collect from all customers of the Herculaneum Water Department a primacy fee in accordance with the tables and amounts set forth in 10 CSR 60-16.010, a copy of which is on file in the City offices and incorporated herein by reference.
B. 
In accordance with the provisions of 10 CSR 60-16.010, said fee shall not apply to customers receiving water for resale.
C. 
The primacy fees may be collected monthly, quarterly or yearly, whichever method is determined to be most expedient by the Director of the Herculaneum Water Department; however, said Director shall collect said fees no less frequently than is provided in Subdivision (4) of 10 CSR 60-16.010.
D. 
The primacy fee may be listed separately from all other charges on each customer bill or may be included in the base minimum, whichever the Director of the Herculaneum Water Department determines to be most expedient. However, should the primacy fee be included in the base minimum, all information and notices required in Subdivision (5) of 10 CSR 60-16.010 shall be provided. The Director of the Herculaneum Water Department shall remit all fees to the State pursuant to the provisions of Subdivision (6) of 10 CSR 60-16.010.
E. 
The Director of the Herculaneum Water Department is authorized to use all customary and regular rate collection practices when a customer fails to pay the primacy fee by the due date of the bill upon which the fee appears.
F. 
The Director of the Herculaneum Water Department shall preserve for a period of three (3) years all books and records documenting the collection of fees from customers.
[Ord. No. 103 §22]
Water users shall be required to pay the cost of making the connection from the meter to the user's building. Failure of the user to make such connection within thirty (30) days from the installation of the meter connection shall result in the forfeiture of both the connection fee and meter deposit.
[Ord. No. 107 §§1 — 4; Ord. No. 554 §630.230, 11-8-1993]
A. 
No water user as defined by the ordinances of the City of Herculaneum shall allow obstructions in or around any water meter on his/her property, such that they obscure, conceal or hide said water meter. Said obstructions shall include, but not be limited to weeds, grass, or other vegetation, construction, buildings, or other structures, excavations, asphalt, or any other growth or objects which prevent the ability to read said water meter.
B. 
When obstructions as provided above occur, the City or its agent shall notify the water user of the condition by leaving a notice to such effect at the location being served or by mailing notice by regular mail to the last known address of the water user. Upon such notice being served or mailed to the last known address of the water user, the owner or user shall have ten (10) days in which to remedy the condition prohibited hereby. Upon the expiration of ten (10) days, if the owner or user fails to comply with the notice aforesaid, the water user shall be deemed in violation of this Section.
C. 
Upon conviction, the water user shall be found guilty of violation of this Section and shall be punishable pursuant to Herculaneum City Code Section 100.004.
D. 
Each day for which the user fails to comply with the provisions of this Section after the notice period has expired shall constitute a separate offense.
[Ord. No. 364A §1]
The City and/or the Street Department Supervisor reserves the right to shut off water in the City water mains without notice at any time for the purpose of repairing, cleaning, making connections with or extensions thereof, or for the purpose of concentrating water in any part of the City in case of fire, and for restricting the use of water in case of deficiency in the supply. No claim shall be made against the City by reason of the breaking of any service pipe or service cock, or for the damage arising from the shutting off of water for repairing, laying or relaying lines, hydrants or other connections, or for restricted use of water period.
[Ord. No. 373 §§1 — 2, 9-12-1988]
A. 
Water Conservation Plan — When Effective. This plan would become effective upon a finding by the management of the Water Department 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 news media. This Section will affect only those citizens and commercial entities who receive water service from the Herculaneum Water Department.
B. 
Stages For Plan.
1. 
Stage one (voluntary). Request voluntary conservation and compliance with the following restrictions:
a. 
No washing of sidewalks, driveways, parking areas, patios or other paved areas.
b. 
No refilling of swimming pools with water furnished by the City.
c. 
No washing of cars, other motor vehicles, trailers, or boats.
d. 
No water to be used for dust control.
e. 
No flushing of mains, except to alleviate specific complaints.
f. 
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.
2. 
Stage two (voluntary). Stage One restrictions would remain in effect plus the following:
a. 
No use of water from a fire hydrant except for fighting fires.
b. 
Watering of any lawn, garden, trees, or other plants is prohibited, except from a hand held container.
c. 
Commercial/industrial users to reduce usage by thirty percent (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.
3. 
Stage three (mandatory). All restrictions listed in Stage One and Two would become mandatory, plus all commercial and industrial users would be required to adopt previously submitted water conservation plans.
C. 
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 one hundred twenty (120) days of September 12, 1988, shall be subject to the penalties set forth, guilty of a misdemeanor, fined up to one hundred dollars ($100.00) for each violation, and shall be subject to termination of service.