[R.O. 2013 § 720.010; Ord. No. 81-19 §§ 1, 16-18, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
Purpose, Amendment Of Ordinances, Validity. This Chapter has 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 and are subject to change as herein provided without notice to any water users or any other person. This Chapter may be amended and any amendment or change to this Chapter shall be effective on the date such amendment or change is passed by the City, as herein provided, or on such other date as the City may by ordinance designate. If any portion of this Chapter shall be declared invalid by competent authority, such invalidity shall not effect the validity of the remaining portion.
Unauthorized Tampering With Equipment. No person shall turn the water on or off at any street valve, corporation cock, curb cock or other street connection or disconnect or remove any meter without the consent of the City.
No Agreements Contrary To Ordinances Or State Law. No employee or agent of the City shall have the right or authority to bind it by any promise, agreement or representation contrary to this Chapter or the laws of the State of Missouri.
Complaints. Any complaint against the service or employees of the City should be made at the office of the City in writing.
Accessibility Of Equipment To City. The service pipes, meters and fixtures on the water user's property shall at all reasonable hours be accessible to the City for observation or inspection.
Insufficient Water Supply. In the event the total water supply shall be insufficient to meet all of the needs of the water users or in the event there is a shortage of water, the City may prorate the water available among the various users on such basis as is deemed equitable by the City and may also prescribe a schedule of hours, covering the use of water for purposes specified and require adherence thereto or prohibit the use of water for certain specified purposes if at any time the total water supply shall be insufficient to meet all of the needs of all of the water users for domestic, livestock, garden and other purposes, and the City must first satisfy all the needs of the water users for domestic purposes before supplying any water for livestock purposes and must satisfy the needs of all the water users for domestic and livestock purposes before supplying water for other purposes.
Liability Of City.
The City shall not in any way or under any circumstances be held liable or responsible to any person or persons for any loss or damage from any excess or deficiency in the pressure, volume or supply of water due to any cause whatsoever. The City will undertake to use reasonable care and diligence in order to prevent and avoid interruptions and fluctuations in the service, but it cannot and does not guarantee that such will not occur.
The City shall not be held responsible for any claims made against it by reason of the breaking of any mains or service pipes or by reason of any interruption of the supply of water caused by the breaking of machinery or stoppage for necessary repairs and no persons shall be entitled to damages nor have any portion of a payment refunded for any interruption service.
[R.O. 2013 § 720.020; Ord. No. 81-19 § 2, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
The following expressions, words and terms, when used herein, shall have the meaning stated below:
- Any individual, firm, partnership, corporation, the Federal or State Government or any unit, agency, political corporation or subdivision of either the Federal or State Government or other agency applying for a water user's agreement.
- The City of Fredericktown, Missouri.
- A purchaser or user of any residential utility service who is or should be designated in the application.
- Any person owning property served by the water system of the City or who has a leasehold interest therein with more than a year to run. The term "landowner" shall also include life tenants, but the City may, at its discretion, require remaindermen to enter into any agreement required with the property owner under these rules and regulations and the remaindermen shall be bound by these rules and regulations in all respects.
- OPERATION AND MAINTENANCE
- All expenditures during the useful life of the system for
materials, labor, utilities, and other items which are necessary for
managing and maintaining the system to achieve the capacity and performance
for which the system was designed and constructed.[Ord. No. 16-12 § 2, 4-11-2016]
- POINT OF DELIVERY
- The point of delivery shall be at the meter unless otherwise specified in the water user's agreement or in any other agreement where it shall be mentioned.
- Expenditures for obtaining and installing equipment, accessories,
or appurtenances which are necessary during the useful life of the
system to maintain the capacity and performance for which such works
were designed and constructed. The term "operation and maintenance"
includes replacement.[Ord. No. 16-12 § 2, 4-11-2016]
- RESIDENTIAL USER
- Any user of the city's water system whose lot, parcel
of real estate, or building is used for domestic dwelling purposes
only.[Ord. No. 16-12 § 2, 4-11-2016]
- When used in connection with the supplying of water, shall mean the availability for use by the water user of water, subject to the provisions of these rules and regulations. Service shall be considered as available when the City maintains the water supply at a minimum of twenty (20) pounds per square inch pressure at the point of delivery with the service line static, in readiness for the water user's use, regardless of whether the water user makes use of it.
- Is mandatory; "may" is permissive.[Ord. No. 16-12 § 2, 4-11-2016]
- USEFUL LIFE
- The estimated period during which the treatment works will
be operated.[Ord. No. 16-12 § 2, 4-11-2016]
- USER CHARGE
- That portion of the total water service charge which is levied
in a proportional and adequate manner for the cost of operation, maintenance,
and replacement of the water system.[Ord. No. 16-12 § 2, 4-11-2016]
- WATER METER
- A water volume measuring and recording device, furnished
and/or installed by the City of Fredericktown or furnished and/or
installed by a user and approved by the City of Fredericktown.[Ord. No. 16-12 § 2, 4-11-2016]
- WATER SERVICE
- Consists of facilities for supplying water to one (1) residence or business establishment located on land within the jurisdiction of the City.
- WATER SYSTEM
- Any devices and systems for the storage, treatment, recycling,
transmission, and distribution of water. These include transmission
and distribution lines, individual systems, pumping, power, and other
equipment and their appurtenances; extensions, improvements, remodeling,
additions, and alterations thereof; elements essential to provide
a reliable water supply such as standby treatment units and any works,
including site acquisition of land that will be part of the treatment
process.[Ord. No. 16-12 § 2, 4-11-2016]
- WATER USER
- Any individual, firm, partnership, corporation, the Federal or State Government or any unit, agency, political corporation or subdivision of either the Federal or State Government or other agency receiving water and waste services or to whom water services are made available from the City's facilities pursuant to a written water user's agreement.
- WATER USER'S AGREEMENT
- The written contract or application between the water user and the City pursuant to which water service is supplied or made available.
[Ord. No. 16-12 § 3, 4-11-2016]
The user charge system shall generate adequate annual revenues to pay the costs of annual operation and maintenance including replacement and cost associated with debt retirement of bonded capital associated with financing the water system which the City may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including replacement of the water system shall be established by this ordinance.
That portion of the total user charge collected which is designated for the operation and maintenance, including replacement purposes, shall be deposited in a separate non-lapsing fund known as the "Operation, Maintenance and Replacement Fund" and will be kept in two primary accounts as follows:
The operation and maintenance account shall be an account designated for the specific purpose of defraying operation and maintenance costs excluding replacement of the water system. Deposits in the operation and maintenance account shall be made monthly from the operation and maintenance revenue. Deposits in the operation and maintenance account shall equal the receipts for payments from users less the amount deposited in the replacement account.
The replacement account shall be an account designated for the purpose of ensuring replacement needs over the useful life of the water system. Deposits in the replacement account shall be made monthly from the replacement revenue in an amount to total annual deposits of fifty-nine thousand one hundred seventy-three dollars ($59,173.00).
Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same accounts in each subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Monies which have been transferred from other sources to meet temporary shortages in the Operation, Maintenance, and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance, and replacement. The user charge rate(s) shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.
[R.O. 2013 § 720.030; Ord. No. 81-19 § 3, 10-12-1981; Ord. No. 03-36 § 1, 5-29-2003; Ord. No. 04-73 § 1, 12-13-2004; Ord. No. 06-19 § 2, 4-24-2006; Ord. No. 07-41 § 1, 9-24-2007; Ord. No. 07-46 § 1, 10-8-2007; Ord. No. 11-71 § 1, 12-27-2011; Ord. No. 13-32 § 1, 9-23-2013; Ord. No. 14-37 § 1, 9-22-2014; Ord. No. 15-28 § 1, 9-28-2015; Ord. No. 16-12 § 4, 4-11-2016]
Each user shall pay for the services provided by the City based on their use of the water system as determined by water meter(s) acceptable to the City.
All monthly user charges will be based on monthly water usage. The rate schedule for water usage shall be fixed from time to time by the City and shall be subject to change by action of the City. Water users shall be charged for water used at the following rates:
For water service per month for users within the City limits:
The minimum charge per month is thirteen dollars and eighty-six cents ($13.86). In addition, each user shall pay a user unit charge for operation and maintenance including replacement costs based upon the following user charges.
For the first one thousand (1,000) gallons of water used the charge shall be $0.4280 per one hundred (100) gallons used.
For each additional one hundred (100) gallons of water used per month above the first one thousand (1,000) gallons and up to four thousand (4,000) gallons used per month, the charge shall be $0.7359 per one hundred (100) gallons used.
For each additional one hundred (100) gallons of water used per month above four thousand (4,000) gallons per month and up to eight thousand (8,000) gallons used per month the charge shall be $0.5205 per one hundred (100) gallons used.
For any additional water used above eight thousand (8,000) gallons per month the charge shall be $0.4667 per one hundred (100) gallons used.
Except for Madison County Public Water Supply District No. 1 and the Village of Cobalt Village, all persons outside the City limits using water from the City shall be charged as follows, which amounts may be adjusted by the City from time to time:
The minimum charge per month is thirteen dollars and eighty-six cents ($13.86). In addition to the minimum charge, for the first one thousand (1,000) gallons of water used the charge shall be $0.4280 per one hundred (100) gallons used.
For each one hundred (100) gallons of water used per month above the first one thousand (1,000) gallons, the charge shall be $0.8359 per one hundred (100) gallons used.
Madison County Public Water Supply District No. 1 shall pay the rates set forth in that separate agreement between the Madison County Public Water Supply District No. 1 and the City as may be adopted by ordinance from time to time.
All persons using water from fire hydrants or taking water from the water plant shall pay a minimum rate of six dollars and five cents ($6.05) for the first one thousand (1,000) gallons of water used per month or any fraction thereof. For any water used in addition to the first one thousand (1,000) gallons of water used, the user shall pay $0.605 per one hundred (100) gallons of water used.
For all persons using water from the City in the Village of Cobalt Village (Village user), the rate schedule shall be the same as for users within the City limits except that said Village users shall pay an additional $0.10 per one hundred (100) gallons of usage. In addition, each Village user shall pay an additional monthly charge of five dollars and fifty cents ($5.50) as a minimum charge to be collected and paid to the Village of Cobalt Village and an additional monthly charge of one dollar ($1.00) as a billing and collection charge to the City.
[R.O. 2013 § 720.035; Ord. No. 95-09 §§ 1 — 5, 3-13-1995; Ord. No. 96-09 § 1, 2-26-1996; Ord. No. 96-10, 2-28-1996]
The rates for the sale of water to Madison County Public Water Supply District No. 1 for service in the area lying east of the City of Fredericktown shall be as follows:
The Madison County Public Water Supply District No. 1 shall be allowed to connect to the City of Fredericktown water system for emergency purposes.
Prior to connection to the City of Fredericktown water system, the Madison County Public Water Supply District No. 1, for service in the area lying east of the City of Fredericktown, shall pay a deposit of eighteen dollars ($18.00) and shall install any back flow or other protective devices required by the Water Supervisor of the City of Fredericktown.
The Madison County Public Water Supply District No. 1 shall pay a connection fee of three hundred dollars ($300.00) per year or twenty-five dollars ($25.00) per month.
The rates for the sale of water to Madison County Public Water Supply District No. 1 shall be as follows: two dollars and fifty cents ($2.50) per one thousand (1,000) gallons of water used per month.
The foregoing rate may be adjusted by the City of Fredericktown but any such adjustment shall not exceed by more than one hundred ten percent (110%) of the amount of any increase in the rate charged to the City water customers living outside the City limits of the City of Fredericktown.
Public Water Supply District No. 1.
The City agrees to allow the District to attach its waterline to the City waterline as set forth in the project plans which have been reviewed by the City and, to the extent that they affect the City water, have approved said plans. The District shall specifically be required to install all required back flow devices and water meters at a location contiguous to the point of attachment to the City waterline.
The parties agree that the City shall bill the District on a monthly basis and that the District shall pay the City on said same basis at the following rates:
Two dollars and fifty cents ($2.50) per thousand (1,000) gallons of water used per month for the first fifty thousand (50,000) gallons used;
Three dollars ($3.00) per thousand (1,000) gallons of water used per month for the second fifty thousand (50,000) gallons used;
Three dollars and fifty cents ($3.50) per thousand (1,000) gallons of water used per month for the third fifty thousand (50,000) gallons used;
Four dollars ($4.00) per thousand (1,000) gallons of water used per month for any amount over one hundred fifty thousand (150,000) gallons used.
Prior to the connection to the City waterline, the District shall pay a connection charge of fifty dollars ($50.00).
The water supply rate may be adjusted by the City in an amount not to exceed one hundred ten percent (110%) of the amount of any increase in the rate charged to City water customers living inside the City limits of the City. That is to say if said City customers receive an increase of ten percent (10%), then the District may receive a ten and one-tenth percent (10.1%) increase and like proportionate increases.
In the event that the City faces emergency conditions limiting the amount of water that can be supplied to individuals within the City, the City shall have the right under its sole discretion to limit the amount of water supplied to the district during such times of emergency conditions.
The parties agree that this agreement shall be in force and effect for a period of twenty (20) years after which time the parties shall renegotiate said water rates. In the event that the parties do not come to an agreement regarding said water rates within the time of this agreement, then this agreement shall expire.
[R.O. 2013 § 720.040; Ord. No. 81-19 § 8, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
General Billing Provisions. Water bills shall be rendered as provided in Section 705.010 of this Title. 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. Any damage resulting to the water user or any property of the water user or the landowner of the property occupied by the water user shall not be the responsibility of the City, its agents or employees. The City, its agents and employees shall not be liable to the water user or the landowner of any property used, held, occupied, rented or leased by the water user for any such damage when disconnection is made according to these rules and regulations and it shall be immaterial that no notice of such disconnection was given to the water user or to said property owner.
Estimated Billings. In the event that meters cannot be read at the close of the period for which billing is made because of inclement weather or the condition of the earth around the meters, which in the opinion of the City makes reading unusually difficult, costly or impossible, then the bills may be estimated by using the average amount of water used by the water user in the previous seven (7) billing periods and the bill for such period shall be based upon such amount of water used. The meter reading and the bill rendered for any period subsequent to a period for which the bill of any water user shall be based upon such estimates shall take into account such estimates and such estimates shall be considered the actual amount of water consumed for the period or periods estimated. Estimates may be made in the case of one (1) or more water users or for all water users of the City at the discretion of the City and it shall not be required that all bills be estimated in the event any one (1) or more water users' bills are estimated as herein set forth.
Billing Frequency. Bills may be submitted on a monthly, bimonthly or quarterly basis as the City may provide and direct in its actions establishing a rate schedule.
[Ord. No. 16-12 § 5, 4-11-2016]
The City shall review the water user charge system annually and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement costs and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.
The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance, including replacement of the treatment works.
[R.O. 2013 § 720.050; Code 1952, Ch. 3, Article 10, § 4; Ord. No. 81-19 § 4, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
Applicants for a water service shall make application to the City as provided in Section 700.020 of the Code of Ordinances of the City. Such applications shall be in writing and the City shall prescribe the form of such application.
Each applicant applying for water service as provided above shall contract and agree with the City that water service shall be rendered the applicant upon the terms and conditions set out in this Chapter and in any other ordinance that may be enacted, revising and establishing the water rates or the water system of the City.
Editor's Note: Original § 720.055, Water Meter Deposits Required for New Services, of the 2013 Revised Ordinances, which immediately followed this Section, was repealed 2-11-2013 by Ord. No. 13-11 § 3.
[R.O. 2013 § 720.060; Ord. No. 81-19 § 5A, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
Before installing a service extension and providing water, the City may require the applicant to pipe his/her home and be in readiness to accept the service.
[R.O. 2013 § 720.070; Ord. No. 81-19 § 5B, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
The 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 (1) property to any other customer nor will the user share, resell or submeter water to any other customer. If an emergency or specific situation should make such an arrangement advisable, it shall be done only on specific written permission of the City for the duration of the emergency. No more than one (1) residence shall be served by one (1) water service connection. A farm containing one (1) residence and other buildings for use in the farming operation shall be considered as one (1) residence and the water user may use water from one (1) meter for all such buildings; provided that in the event that a farm contains two (2) or more residences, a meter shall be required for each residence, unless the City shall find such to be an unusual hardship upon the water user, in which case a special agreement may be made concerning such additional residence and the rules for a multiple-unit dwelling as set forth in these rules and regulations shall be applied to determine the rate for such farm containing two (2) residences.
[R.O. 2013 § 720.080; Ord. No. 81-19 § 5C, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
The City may enter into a special agreement whereby a right of entry is granted to the City to read a meter placed on private property for remotely located residences or remotely locate water uses, where the location of the meter as provided in this Chapter would, in the City's opinion, cause undue hardship and expense on the water user. Such special agreements must be written and no water user or applicant for water service shall have any right to force the City to enter into such a special agreement, but such agreements must be entered into solely at the discretion of the City. The City may, in the alternative, apply the multiple-unit residence rule stated in this Chapter.
[R.O. 2013 § 720.090; Ord. No. 81-19 § 5D, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
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 whenever possible 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 and shall not be liable for losses which might occur due to interruptions to service for any cause and does not accept responsibility for losses due to failure of the City to notify any water user of any such interruption.
[R.O. 2013 § 720.100; Ord. No. 12-52 § 1, 12-10-2012]
Water service lines, including the water main tap, the pipe, fittings and valves between the main and the customer's water installation at the property line, plus the water meter, its appurtenances and the meter box shall remain the property of the City, which shall be responsible for their perpetual maintenance.
Application for a water service line shall be simultaneous with application for water service to previously unserved properties and shall be accompanied with the normal service deposit as well as any connection or tapping fees. It shall be understood that the service will be placed into immediate use and billing shall be started at the completion of the current or next full cycle after the connection.
Water service lines to previously unserved properties or to properties previously served by an inadequate or combined service line shall be installed by the City from the water main to the customer's property line upon application and only after all requirements for water main extension and payment have been met. At the time service is available at the property line, the customer shall connect within sixty (60) days. Such installation and cost to the customer shall include the pipe, fittings, valves, meter riser, meter box and all related appurtenances, as well as preparation of the main for water tap along with associated work such as excavation, backfill, permits, removal, repair and maintenance of paving on surface.
The customer shall be responsible for installation and maintenance of the customer's water service line from the property line regardless of meter location. All such installation shall be performed by a City-approved plumber and shall be subject to standards specifications. The customer's water installation shall be subject to inspection and approval by the City.
Only City personnel shall be permitted to make service taps on the main except as otherwise specifically approved in writing by the City.
Water service lines to previously unserved properties or to properties previously served by an inadequate, combined or non-City owned service line shall be subject to payment of connection and tapping fees as provided for in this Section or otherwise approved by the City. The required fees for tapping and water line installation to the property line shall be as follows and shall be paid at the time of application. The City may demand payment in cash.
Tapping Fee (Applies To All Customer Connections). For all pipe sizes, the fee shall be the actual cost of materials, labor, engineering and legal fees, including, but not limited to, the meter box, riser and the meter, boring, street cut and repair, excavation and equipment usage costs.
Meier Box And Appurtenance Fee. On properties (generally industrial, commercial or multiple-family residential in use) served by private water mains and/or private water service lines, where multiple water meters are required and the meter boxes and appurtenances are to be installed by a plumbing, mechanical or general contractor, the meter boxes, meters and appurtenances shall be furnished by the City and the customer shall be assessed at the actual cost to the City, including, but not limited to, materials, labor, engineering and legal fees.
The City may, at its option, provide single or double meter settings per meter box with no adjustment to the meter box and appurtenance fee.
[R.O. 2013 § 720.105; Ord. No. 12-52 § 2, 12-10-2012]
The location of the water service line in relation to the water main and the property to be served shall be determined by the City.
A permanent meter box shall be installed at the customer's property line in a location determined by the City. The meter box shall be installed to match the existing land surface unless the customer submits a written description plan to the City or installs a surveyor's stake showing final surface elevation.
When it is impractical to install the meter box at the property line, as determined by the City, the water meter may be installed elsewhere on the property to be served, provided it is protected from damage or freezing and is readily accessible. Such an installation location does not change maintenance responsibility of the customer's water installation. If a meter is determined by the City to be inaccessible for reading or maintenance, the customer must make provision for its relocation or for a remote reading device as directed by the City and may be charged for costs incurred for such work. If customer landscaping or property improvements render a meter inaccessible, the customer will move such obstructions as directed to the satisfaction of the City. Regardless of its location, the customer shall be responsible for damage to the meter appurtenances caused by the customer's negligence or failure to properly safeguard and protect such meter and appurtenances from hazards. Such customer or property owner shall be responsible for labor, material and overhead to complete the work.
The customer's water service line installation and maintenance duty shall extend from:
The customer assumes all responsibility for the construction, maintenance and any necessary relocation of the customer's water installation; he/she shall make every effort to keep this system free from leaks. Apparent leaks in the customer's water installation, whether registered on the water meter or not, shall be repaired by the customer within ten (10) days of receipt of written notice by the City. If repairs are not made, the City shall issue written notice of disconnection and five (5) days thereafter may discontinue water service until the leak is repaired. If, in the judgment of the City, an apparent leak in the customer's water installation endangers public safety, constitutes a serious nuisance or wastes a considerable amount of water, the City may discontinue water service without previous notice to the customer. Hidden leaks in the customer's water installation shall be repaired, after discovery, under the same provisions as apparent leaks.
The City reserves the right to relocate the water service line or any appurtenance thereof, at its own expense. If the customer desires relocation or a change in elevation of the water service line or any appurtenances thereof, he/she shall make request to the City and agree to pay the actual cost to the City for same including, but not limited to, materials, labor, equipment usage, excavation, backfill, permits and the removal and replacement of pavement to complete the work.
[R.O. 2013 § 720.110; Ord. No. 81-19 § 5F, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
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.
[R.O. 2013 § 720.120; Code 1952, Ch. 3, Article 10, § 7; Ord. No. 06-19 § 2, 4-24-2006; Ord. No. 13-04 § 1, 1-14-2013]
Generally. The pipe for service connections from the mains to the customer's water installation at the property line shall be a minimum of three-quarter (3/4) inch in diameter. Service pipe in nominal sizes up to and including two (2) inches shall be polyethylene pipe with a minimum SDR-7, two hundred (200) PSI for IPS-ID; or SDR-9, two hundred (200) PSI for CTS-OD, PE-3408, per ASTM D 2239 and ASTM D 3350. Service pipe three (3) inches and larger shall be SDR-PR C-900 PVC or ductile iron. C-900 PVC pipe shall be a minimum of SDR-21, two hundred (200) PSI in accordance with the latest revision of ASTM D 2241, AWWA C900-07 and ANSI/AWWA C900. C-900 PVC pipe shall be furnished in standard lengths of twenty (20) feet with integral bell and gasket joints in accordance with the latest revision of ASTM 0 3139 and ASTM F 477. Ductile iron pipe shall be pressure class 350 in accordance with the latest revision of ANSI/AWWA C151/A21.51. Ductile iron pipe shall be furnished in standard lengths of eighteen (18) to twenty (20) feet with push-on gasket joints in accordance with the latest revision of ANSI/AWWA C111/A21.11. Ductile iron pipe shall have asphaltic coating on the exterior and shall have cementmortar lining on the interior in accordance with the latest revision of ANSI/AWWA C104/A21.4. All pipe shall be suitable for potable water applications in accordance with the latest revision of ANSI/NSF 61.
[R.O. 2013 § 720.130; Code 1952, Ch. 3, Article 10, § 8; Ord. No. 13-04 § 2, 1-14-2013]
Generally. There shall be a curb stop or shutoff valve installed on every service line attached to any main. The curb stop or valve is to be placed at the property line, between the main and the meter installation. Curb stops shall be installed with a standard cast iron case with locking lid. Shutoff valves shall be enclosed in a substantial iron case with a lid marked "water."
[R.O. 2013 § 720.140; Ord. No. 81-19 § 5G, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
All piping work in connection with pipe and services connected with the City's main shall be submitted to the inspection of the City before such underground work is covered up. Whenever the City determines that a job of plumbing is obviously defective, although not in direct violation, the City may require that it be corrected before the water will be turned on. The City may prescribe the type of materials and the standard of workmanship to be followed in enforcing this Section.
[R.O. 2013 § 720.150; Ord. No. 81-19 § 5H, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
Service pipes shall not be connected to the suction side of pumps. The supply for use of a character requiring a large quantity of water within a short period will not be permitted except through intercepting or intermediate storage tanks.
[R.O. 2013 § 720.160; Ord. No. 81-19 § 5I, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
Water users having boilers or hot water systems connected with mains of the City must have a check valve in the supply pipe to the boilers and hot water heating systems, together with a release valve at some point between the check valve and the heating system. All water users are hereby cautioned against danger of collapse of boilers since it is sometimes necessary to shut off the supply of water without notice, and for this reason, a vacuum valve should be installed in the steam lines to prevent collapse in case the water supply is interrupted. The City, however, will not be responsible for accidents or damages resulting from the imperfect action or failure of said valves.
[R.O. 2013 § 720.170; Ord. No. 81-19 § 5J, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
The City will not allow to be made any physical connection in its water supply system to that of any other pipe system or equipment, where such other pipe system or equipment in any manner receives all or any part of its supply of water directly or indirectly from wells, streams or any source other than that of the water system of the City.
No interconnection or cross-connection, as defined below, shall be permitted. The making, causing or permitting of the installation or existence of any interconnection or cross-connection shall constitute a violation of the ordinances of the City and such prohibited connection shall be removed forthwith in a manner acceptable to the City and the duly constituted public health officials. Failure to do so within two (2) days from and after date of notification by the City may result in discontinuance of water service without further notice.
When used in these rules and regulations, the following words and phrases shall have the meaning herein provided:
- Any pipe, valve or other arrangement or device connecting the pipe lines of the City or facilities directly or indirectly connected therewith to and with pipes or fixtures supplied with water from any source other than the lines of the City directly connected.
- A plumbing arrangement, other than a cross-connection, by which contamination might be admitted or drawn into the distribution system of the City or into lines connected therewith, which are used for the conveyance of potable water.
- The City shall have the right at all hours to enter upon water user's premises for inspection and enforcement of this Chapter.
[R.O. 2013 § 720.180; Ord. No. 81-19 § 5K, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
In the event of an applicant whose water requirements are bound to exceed the City's ability to supply it from existing physical assets without adversely affecting service to other water users, the City will not be obligated to render such service, unless and until suitable financing is provided by the applicant to cover the additional physical assets. The City has no obligation to reimburse the applicant for any physical assets provided.
[R.O. 2013 § 720.190; Ord. No. 81-19 § 5L, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
The water user's service pipe and all connections and fixtures attached thereto shall be subject to the inspection of the City before the water will be turned on, if the City so elects and all properties receiving a supply of water and all service pipes, meters and fixtures, including any and all fixtures within any improvements or buildings on said properties, shall at all reasonable hours be subject to inspection by any duly authorized employee or agent of the City.
All service pipes shall be laid at all points at least forty-two (42) inches below the surface of the ground and shall be placed on firm and continuous earth so as to give unyielding and permanent support. They shall not be laid in sewer ditches. It shall be installed in the trench at least eighteen (18) inches in a horizontal direction, in undisturbed earth, from any other trench wherein are laid gas pipe, sewer pipe or for other facility public or private. Such service line shall not pass through premises other than that to be supplied unless the City shall so agree in writing.
The water user shall, at his/her own cost and expense, make all changes in the service pipe required or rendered necessary on account of changes in the street grades, relocation of mains or other causes.
No fixture shall be attached to, or any branch made in, the service pipe between the main of the City and the meter.
Any repairs or maintenance necessary to the service pipe or any pipe or fixture in or upon the water user's premises shall be performed by the water user at his/her sole expense and risk.
Service pipes must be kept and maintained in good condition and free from all leaks and for failure to do so the water supply may be discontinued.
The City shall in no event be liable for any damage done or inconvenience caused by reason of any break, leak or defect in or by water escaping from service pipes or from fixtures on the premises of the City or water user. The water user shall be billed in the usual manner for the cost of all such water according to the rate schedule of the City as provided for in this Chapter.
[R.O. 2013 § 720.200; Ord. No. 81-19 § 5M, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
No one but an employee or a person authorized by the City shall turn on water or shut off water to any water user or to any property, except in the case of escaping water.
[R.O. 2013 § 720.210; Ord. No. 81-19 § 5N, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
The City will endeavor to give reasonable service, but does not guarantee a sufficient or uniform pressure or an uninterrupted supply of water and water users are cautioned to provide sufficient storage of water where an absolutely uninterrupted supply must be ensured, such as for steam boilers, hot water heating systems, gas engines, etc.
Fixtures or devices taking a supply of water directly from the service pipes, depending upon the hydraulic pressure of the pipe system of the City for supplying same under working pressure, would do so at the risk of the parties making such attachments, as the City will not be responsible for any accidents or damages to which such fixtures or devices are subject.
[R.O. 2013 § 720.220; Code 1952, Ch. 3, Article 10, § 13; Ord. No. 81-19 § 7, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
System Adopted For Supplying And Measuring Water. The meter system of supplying and measuring water throughout the City is hereby adopted and all water sold or furnished by the City shall be paid for at the meter rates fixed by this Section or other ordinance.
Meters Furnished By City. Meters will be furnished, installed, owned, inspected, tested and kept in proper operating condition by the City, without cost to the applicant, except that such applicant shall pay a connection fee as set forth in this Chapter, which shall not be refundable. The complete record of tests and histories of meters will be kept if deemed necessary by the City. Meter tests will be made according to methods of the American Waterworks Association by the City, as often as deemed necessary by the City.
Meter Accuracy. 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.
Meter Location. 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 the buildings shall be placed in meter boxes furnished and installed by the City.
Requested Meter Tests. Meter tests requested by water users shall 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 for the cost of making the test.
Water User's Responsibility. The water user shall be responsible for any damage installed for his/her service, for any cause other than normal wear and tear.
[R.O. 2013 § 720.230; Code 1952, Ch. 3, Article 10, §§ 22 — 25; Ord. No. 81-19 § 6, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
Installation Agreements. Private fire hydrants may be installed by a written agreement with the City, provided that the City shall take into account all possible costs to the City and charge an equitable price therefor, all cost factors considered. Public fire hydrants may be installed by special agreement with the State, a municipality, political subdivision or political corporation and the City shall take into consideration the same factors when entering such a contract.
Fire Hydrants As Part Of Service. In the event that the City undertakes to furnish fire hydrants as a part of the service to the water users of the City, then all water users of the City shall be furnished with substantially the same degree of benefit from such hydrants, and in the event that this is impossible, then those receiving a higher degree of benefit shall pay an additional charge above the rates for water herein provided for, which shall be for such additional benefit. Such rates shall be equitable to all water users and shall depend upon cost studies made by the City's employees or consultants.
Notification Of City In Event Of Authorized Use. If any employee of the City, or any person authorized by the City, turns on water at a hydrant for the purpose of flushing the streets, fighting fires or any other purpose, it shall be the duty of such person promptly to notify the Manager of City utilities or the City employee in charge of the pumps.
Interference With, Etc. No person unauthorized by the City shall take any water from any City hydrant and no person shall remove, obstruct or in any way injure any fire hydrant, main, valve, valve box, cover or stop cock or box or in any manner injure any pipe, apparatus, tool, fixture or property of the waterworks system of the City. Any person violating any of the provisions of this Section shall be deemed guilty of an ordinance violation.
[R.O. 2013 § 720.240; Code 1952, Ch. 3, Article 10, § 23; Ord. No. 06-19 § 2, 4-24-2006]
It shall be unlawful for any person in the City or any person owning or occupying premises connected to the City water system to use or allow to be used during a fire any water from such system, except for the purpose of extinguishing such fire and upon sounding of a fire alarm, it shall be the duty of every such person to see that all water services are closed and no water used, except in cases of emergency and immediate necessity, during such fire.
[R.O. 2013 § 720.250; Ord. No. 43; Ord. No. 06-19 § 2, 4-24-2006]
All air-conditioning devices or units of three (3) ton capacity and above shall be installed with a cooling tower and there shall be no direct connection to the City water system for the purpose of cooling an air-conditioning device or unit and allowing the water to waste.
Any person violating the terms of this Section shall be subject to prosecution as provided in this Code and other City ordinances and shall be further subject to the authority of the Light and Water Department of the City for the cancellation of the water contract in order that all water connections may be discontinued.
[R.O. 2013 § 720.260; Ord. No. 81-19 § 9, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
Water service will be discontinued to any water user or property on account of temporary vacancy of such property upon written request of the water user, without in any way affecting the agreement in force and upon payment of all charges due as provided in the ordinances of the City.
In the event that water service is discontinued for any reason other than the temporary vacancy of the property or in the event that it is discontinued and another source of water supply is used for the property, then reconnection shall be made only in the event that the minimum bill for the period of disconnection shall be paid by the water user or owner of the property. In addition, all previously unpaid bills, delinquency charges plus six percent (6%) interest thereon shall be paid before reconnection shall be allowed for such water user or property.
In the event that an applicant for water services has purchased or otherwise acquire the property and holds title thereto and the previous landowner had discontinued water service, other than because of the temporary vacancy thereof, said applicant shall not be required to pay the above reconnection charges as a result of the conduct or actions of the previous landowner but shall be required to pay only a reconnection charge as established by the City from time to time.
In the case of a customer who had discontinued from the system for a reason other the vacancy of the property, or in the case of a landowner of such property desiring to restore service, then such customer or landowner shall pay, in addition to the charges above set forth, a reconnection charge as established by the City from time to time for reconnecting said property to the system of the City.
Except in the case of failure of the customer to pay the bill owed the City for water service as set forth in this Chapter, the City will not discontinue the service of any customer for violation of any ordinance of the City without written notice of at least two (2) days, mailed to such customer at his/her address as shown upon the City's records or personally delivered to the customer or a member of the household, advising the customer what ordinance has been violated for which service will be discontinued if the violation is permitted to continue. Provided however, that where misrepresentation of use of water is detected, or where the City's regulating or measuring equipment has been tampered with, where the customer shuts off the water supply to another City customer in violation of ordinance, or where a dangerous condition is found to exist on the customer's premises, service may be shut off without notice in advance. Subject to the foregoing provisions, service rendered under any application, contract or agreement may be discontinued by the City for any of the following reasons:
For willful or indifferent waste of water due to any cause.
For failure to protect from injury or damage the meter and connections or for failure to protect and maintain the service pipe or fixtures on the property of the customer (or the property occupied by the customer) in a condition satisfactory to the City.
For molesting or tampering by the customer, or others with the knowledge of the customer, with any meter, connections, service pipe, curb cock, seal, valve or any other appliance of the City's controlling or regulating the customer's water supply or for disconnecting the water supply to any other City customer, except as provided by ordinance.
For failure to provide the City's employees free and reasonable access to the property supplied or for obstructing the way of ingress to the meter or other appliances controlling or regulating the customer's water supply.
For non-payment of any account for water supplied, for water service or for meter or service maintenance or for any other fee or charge accruing under this Chapter, the rate schedule of the City.
In case of vacancy of the premises.
For violation of any ordinances of the City.
For any practice or act prohibited by the Missouri Division of Health.
For failure to allow any City's employee, officer, agent or representative the right to inspect the customer's premises for any purpose set forth in this Chapter.
Upon request of a sewer provider that has contracted with the City, for the failure of any customer to pay a delinquent sewer bill, if that customer is a user of the sewer provider as provided in Section 393.016, RSMo.
The discontinuance of the supply of water to a property for any reason shall not prevent the City from pursuing any lawful remedy by action at law or otherwise for the collection of monies due from the customer or property owner.
Water will not be turned on to any property 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.
Only an employee, officer or agent of the City may turn on water and all applicants and customer are expressly forbidden to do so.
[R.O. 2013 § 720.270; Ord. No. 81-19 § 10, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
The City may make specific water service contracts with the United States of America and its agencies, the State of Missouri and its agencies, school districts and municipal corporations and all other political subdivisions of the State of Missouri and of the United States of America, differing from stipulations set out in the rate schedule and rules and regulations.
[R.O. 2013 § 720.290; Ord. No. 81-19 § 12, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
Extensions of water mains and lines shall be made by the City upon written application on a form approved by the City. If said application is approved, the main or line shall be extended provided that:
Applicant pays all construction, engineering and legal expense of such extension. Said payment shall be made in advance to the City or, at the discretion of the City, may be placed in a special escrow account. If the cost and expense of such construction is not ascertainable, the cost thereof shall be estimated and said amount shall be paid the City or put in a special escrow account and applicant shall agree to pay any additional costs incurred for such extension.
Before granting to an applicant the right to make such extension or before entering into an agreement therefor, the City shall first determine that the extension will not materially affect in an adverse manner the service rendered to any existing customers of the City. In the event the City determines, based upon information furnished by its employees and consultants, that such extension would have a material adverse affect upon existing customers of the City, then the City shall not permit such extension.
In the event the applicant desires to perform the construction, the applicant shall pay all engineering, legal and administrative costs incurred by the City incident to the approval of the plans and specifications for construction of the improvements, the perfecting of all rights-of-way and other costs incident to the construction.
The construction and materials shall be inspected by a qualified inspector, furnished by the City. The cost of this inspector shall be borne by the applicant.
Upon satisfactory completion and testing, the improvements, including any necessary right-of-way easements, shall be dedicated, free and clear of all incumbrance, to the City.
All plans and specifications for main extensions or improvements will be approved by the appropriate agency of the State of Missouri.
[R.O. 2013 § 720.300; Ord. No. 81-19 § 13, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
In the event that service is desired by a landowner of a multiple-unit residence, said multiple-unit residence being herein defined as a dwelling unit housing more than one (1) family and such definition shall include duplexes, triplexes, fourplexes, apartments and all similar structures and residences, then the landowner shall be required to acquire a water meter for each unit or, in the alternative, to enter into a special written agreement with the City whereby all units of such residence are served by one (1) water meter, that the total gallons used during each billing period, as determined by the rate schedule resolution of the City, by such multiple-unit residence shall be divided by the number of units in such residence and the customer shall be charged for each individual unit within the multiple-unit residence on a pro rata basis, as though such amount of water was used for such billing period by an individual user, and each customer in such unit shall pay the water rates as set forth in the rate schedule resolution of the City for such customer's proportionate share of the water as though such customer were an individual user in a one-family residence; provided further, that the landowner of the property shall be responsible for payment of all such bills of all units contained within any multiple-unit residence and that the amount of the water meter deposit shall be determined by the City as herein set forth.
The City shall be the sole judge and shall have full authority to determine how many units are contained in a residence and such determination shall be final and binding upon the landowner of any such residence and upon any water user therein.
[R.O. 2013 § 720.310; Ord. No. 81-19 § 14, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
In the event that a trailer court, also known as a mobile home court, desires service, then the landowner shall be required to acquire a water meter for each trailer space or in the alternative, to enter into a special agreement with the City whereby all units of such trailer court are served by one (1) water meter, but the total gallons used during each billing period by the trailer court shall be divided by the number of units using water during such billing. The water used shall be charged to each individual unit on a pro rata basis, as though such amount of water was used for such billing period by an individual user, and the landowner of the trailer court shall pay as a bill for such billing period the total of such bills computed as above set forth. The amount of the water meter deposit shall be determined by the City as set forth in this Chapter.
The number of trailers using water during each billing period shall be the number of trailer locations actually served during such time and the City, its employees and agents shall determine how many such units are served and such determination shall be final and binding upon the landowner of the trailer court.
[R.O. 2013 § 720.320; Ord. No. 81-19 § 15, 10-12-1981; Ord. No. 06-19 § 2, 4-24-2006]
The Board has the exclusive power to authorize tank sales in bulk of water from such supply heads as it may designate at the rates to be determined by the City. The City may prohibit the sale of water in bulk to any user or non-user when water service is available from the City.
[Ord. No. 16-11 § 1, 4-11-2016]
Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Section shall be as follows:
- COMMUNITY WATER SYSTEM
- A public water system which serves at least fifteen (15) service connections or regularly serves at least twenty-five (25) residents on a year-round basis.
- Any actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the public water system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and any other temporary or permanent devices through which or because of which, backflow can or may occur are considered cross-connections.
- Any individual, firm, company, association, society, corporation, or group.
- The negative logarithm of the concentration of hydrogen ions in an aqueous solution.
- PUBLIC WATER SYSTEM
- A system for provision to the public of piped water for human consumption, if the system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year. The system includes any collection, treatment, storage or distribution facilities used in connection with the system. A public water system is either a community water system or a non-community water system.
- SANITARY SEWER
- A sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.
- SERVICE CONNECTION
- Each individual connection of a user to a water main or pipe for the purpose of conveying water to a point of use.
- SERVICE LINE
- Any water line or pipe connected to a public water supply's distribution main or pipe that conveys water to a point of use. Each service line is owned and maintained by the customer at that service connection and such line begins at the customer's side of the meter.
- Is mandatory; "may" is permissive.
- WATER DISTRIBUTION SYSTEM
- All piping, conduits, valves, hydrants, storage facilities, pumps and other appurtenances, excluding service connections, which serve to deliver water from a water treatment plant or source to the public.
- WATER MAIN
- Any water main line or pipe which conveys water to a point of use from a water treatment plant, source, or water storage facility. Water mains are owned and maintained by the City.
- WATER METER
- A water volume measuring and recording device, furnished and/or installed by the City or furnished and/or installed by a user and approved by the City. Each individual service connection shall have a water meter.
- WATER PLANT MANAGER
- The Manager of the Water Department, who is in charge of the operation and maintenance of the public water supply serving the City.
- WATER TREATMENT PLANT
- A facility which uses specific processes such as sedimentation, coagulation, filtration, disinfection, aeration, oxidation, ion exchange, fluoridation, or other processes which serve to add components or to alter or remove contaminants from a water supply source.
Connection To Public Water System Required. The owner of all houses, buildings, or properties used for human employment, recreation, residence or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located access to a public water system within one hundred (100) feet of the property line, is hereby required to connect to such facilities in accordance with the provisions of this Section, within sixty (60) days after date of official notice to do so.
Construction Permit; Well Plugged.
Before commencement of construction of a privately owned public water system in the City's jurisdiction, the owner shall first obtain a written permit signed by the Water Plant Manager. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Water Plant Manager or are required by the International Plumbing Code as adopted by Section 500.070 of this Code. A permit and inspection fee of twenty dollars ($20.00) shall be paid to the City at the time the application is filed.
When a public water system becomes available, customers that connect must physically disconnect from the existing private system (well), in accordance with Chapter 730, Cross-Connection Control. The well shall then be properly plugged in accordance with guidelines established by the Missouri Department of Natural Resources Division of Geology and Land Survey (DGLS) and outlined in State Regulation 10 CSR 23-3.110, as amended, unless the owner wants to keep it functional for uses other than providing drinking water. A well may only be kept if it remains physically disconnected from the public water supply's distribution system, has a functional pump, is connected to an electrical service, and is pumped at least once in a twelve-month period.
Upon connecting to the public water system, the appropriate DNR regional office shall be notified, in writing, that the connection(s) have been completed.
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public water system or appurtenance thereof without first obtaining a written permit from the Water Plant Manager.
There shall be two (2) classes of water system connection permits: (a) for residential and commercial service, and (b) industrial service. In either case, the owner or his/her agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Water Plant Manager. A permit and inspection fee of eight cents ($0.08) per square foot for a residential or commercial building permit and eight cents ($0.08) per square foot for an industrial permit shall be paid to the City at the time the application is filed.
All costs and expenses incident to the installation of the service line and connection to the public water system shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the water service.
A separate and independent service connection shall be provided for every building.
The size, alignment, material used in the construction of new or the replacement of the existing public water system, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the most recent edition of the Missouri Department of Natural Resources (MDNR), Public Drinking Water Program, Design Guide for Community Public Water Supplies. A permit to construct, issued by MDNR, must be received prior to construction, alteration or extension of the water system.
The applicant for a public water system connection permit shall notify the Water Plant Manager when service line is ready for inspection and connection to the water system. The connection shall be made under the supervision of the Water Plant Manager or his/her representative.
All excavations for public water system improvements, replacements or repairs shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.
Disorderly Conduct. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the public water system. Any person violating this provision shall have committed the crime of disorderly conduct.
The Water Plant Manager and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Section.
While performing the necessary work on private properties referred to in this Subsection (F), the Water Plant Manager or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall repay the company for any loss or damage to its property by City employees, except as such may be caused by negligence or failure of the company to maintain safe conditions.
The Water Plant Manager and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the public water system lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
Any person found to be violating any provision of this ordinance, except Subsection (E), shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person who shall continue any violation beyond the time limit provided for in Subsection (G)(1) shall be guilty of an ordinance violation, and on conviction thereof shall be fined in an amount not exceeding five hundred dollars ($500.00) for each violation. Each twenty-four-hour period in which any such violation shall continue shall be deemed a separate offense.
Any person violating any of the provisions of this Section shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.