[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:
Any individual, firm, partnership, corporation or other agency
owning land located within the City, applying for a water users agreement.
The Board of Aldermen of Herculaneum, Missouri.
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.
The point of delivery shall be at the meter, unless otherwise
specified in the Water User's Agreement.
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.
The written agreement or contract between the water user
and the City, pursuant to which water service is supplied or made
available.
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; Ord. No. 01-2018, 1-8-2018]
The water user shall be responsible for any damage to the meter,
or any part of the waterworks system, installed for the user's 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.
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 twenty-one dollars seventeen cents ($21.17). Thereafter,
the rate for water usage shall be the amount of twelve dollars thirty-one
cents ($12.31) 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 eleven dollars forty-two cents ($11.42) for
each additional one thousand (1,000) gallons above one hundred thousand
(100,000) gallons of water.
[Ord. No. 23-2018, 6-18-2018]
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.
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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.
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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%)
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If, after initiation of Stage II, it appears that the shortage
will continue or worsen, the mandatory measures of Stage III would
be implemented.
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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.
