RULES & REGULATIONS
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            An resolution establishing Rules and Regulations for the operation of the water supply system to be constructed and owned by the Public Water Supply District No. 1 of Sullivan County, Missouri, known as the owner.

 

            BE IT RESOLVED BY PUBLIC WATER SUPPLY DISTRICT NO. 1 OF SULLIVAN COUNTY, AS FOLLOWS:

 

1.         General:

            These Rules and Regulations have been adopted to govern the water services furnished by the Owner in a uniform manner for the benefit of the Owner and its water users and are subject to change as herein provided without notice to any water users or any other person.  All such changes must be approved by the State Director of the Farmers Home Administration, United States Department of Agriculture, so long as the Owner has unpaid obligations which are held or insured by the United States of America.  Any amendment or change to these Rules and Regulations shall be effective on the date such amendment or change is passed by the Owner, as herein provided, or on such other date as the Owner may by resolution designate.  Such amendment or change shall be ineffective only if not approved by the Farmers Home Administration, as herein before provided, but in the event such approval is given by the Farmers Home Administration, said approval shall be retroactive to the date of such change or amendment, as provided herein or as otherwise provided by resolution of the Owner.  If any portion of these Rules and Regulations shall be declared invalid by competent authority, such invalidity shall not affect the validity of the remaining portion.

 

2.         Definitions:

 

            The following expressions, words and terms when used herein shall have the meaning stated below:

 

            Owner:  Public Water Supply District No. 1 of Sullivan County.

 

            Applicant:  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.

 

            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 Owner’s facilities pursuant to a written water user’s agreement.

 

            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.

 

            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, subject to the provisions of these Rules and Regulations.  Service shall be considered as available when the Owner maintains the water supply at a minimum of 20 p.s.i. 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.

 

            Landowner:  Any person owning property served by the water system of the Owner or who has a leasehold interest therein with more than a year to run.  The term “landowner” shall also include life tenants but the Owner 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.

 

            Water User’s Agreement:  The written contract between the water user and the Owner pursuant to which water service is supplied or made available.

 

            State Director:  The State Director of the Farmers Home Administration for Missouri, United States Department of Agriculture, or his successor.

 

            Water Service:  A water service shall consist of facilities for supplying water to one residence or business establishment located on land within the jurisdiction of the Owner.

 

3.         Rate Schedule:

 

            Rate schedules for water and water service are fixed by the Owner.  The rate schedule is subject to change by action of the Owner, with the approval of the State Director of the Farmers Home Administration, so long as the Owner has unpaid obligations which are held or insured by the United States of America.  If a provision of the Rules and Regulations conflicts with the 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 costs 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 bonds and the authorizing resolutions, the Owner shall increase the water rates for the first month thereafter in an amount sufficient to meet these costs and obligations.

 

            The owner may require, at its discretion, for meters to be read by the water users and readings reported to the Owner.

 

4.         Applications:

 

            Applicants for a water user’s agreement shall make application to the Owner.  Such applications shall be in writing and the Owner shall prescribe the form of such application.

 

5.         Service:

 

            A.        Readiness to Accept:  Before installing a service extension and providing

                        water, the Owner may require the applicant to pipe his home and be in

                        readiness to accept the service.

 

            B.         Service for Sole Use of the Water User:  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 property to any other

                        consumer nor will the user share, resell, or submeter water 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 Owner for the duration of the emergency.  No more than

                        one residence shall be served by one water service connection.  A farm

                        containing one residence and other buildings for use in the farming

                        operation shall be considered as one residence and the water user may

                        use water from one meter for all such buildings; provided that in the event

                        that a farm contains two or more residences, a meter shall be required

                        for each residence, unless the Owner 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 residences.

 

            C.        Hardship Agreements:  The Owner may enter into a special agreement

                        whereby a right of entry is granted to the Owner to read a meter placed on

                        private property for remotely located residences or remotely located water

                        users, where the location of the meter as provided in these Rules and

                        Regulations would, in the Owner’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 Owner to enter into such a special agreement, but such agreements

                        must be entered into solely at the discretion of the Owner.  The Owner

                        may in the alternative apply the multiple-unit residence rule stated in these

                        Rules and Regulations.

 

            D.        Continuity of Service:  The Owner 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 effected by such interruptions,

                        but the Owner will not accept responsibility for losses which might occur

                        due to such necessary interruptions.  The Owner 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 Owner to notify any water user of any such

                        interruption.

 

            E.         Services:  The Owner 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, and insofar as adequate water pressure is available

                        at the point of delivery requested by the applicant or water user.  The

                        service pipe shall not be less than inch in size and the Owner will also

                        install and pay for the owner’s main connection, meter and meter setting.

                        The meter will be set at the point on the water user’s premises designated

                        by the Owner.  The charge for services to be made by the Owner shall be

                        that amount specified in these Rules and Regulations, or as otherwise

                        provided by the Owner.

 

            F.         Right to Inspect:  Representatives of the Owner 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

                        operation of service, or to remove its meters and equipment upon

                        discontinuance of service by the water user.

 

            G.        Piping Work to be Inspected:  All piping work in connection with pipe and

                        services connected with the Owner’s main shall be submitted to the

                        inspection of the Owner before such underground work is covered up.

                        Whenever the Owner determines that a job of plumbing is obviously

                        defective, although not in direct violation, the Owner may require that

                        it be corrected before the water will be turned on.  The Owner may

                        prescribe the type of materials and the standard of workmanship to be

                        followed in enforcing this section.

 

            H.        Intercepting Tank Required for Large Customers:  Service pipes shall not

                        be connected to the suction side of pumps.  The supply for use of a

                        customer requiring a large quantity of water within a short period will not

                        be permitted except through intercepting or intermediate storage tanks.

 

            I.          Check Valves, Flush Valves and Vacuum Breakers:  Water users having

                        boilers or hot water systems connected with mains of the Owner 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 Owner, however, will not be

                        responsible for accidents or damages resulting from the imperfect

                        action or failure of said valves.

 

            J.          Cross-Connections and Interconnections:  The Owner 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 Owner.

 

                        No interconnection or cross-connection, as defined below, shall be

                        permitted.  The making, causing or permitting of the installation or

                        existence of any interconnection of cross-connection shall constitute a

                        violation of the Rules and Regulations of the Owner and such prohibited

                        connection shall be removed forthwith in a manner acceptable to the

                        Owner and the duly constituted public health officials.

 

                        Failure to do so within two days from the after date of notification by the

                        Owner 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.

 

                        (1)        Cross-Connection:  A cross-connection is any pipe, valve, or other

                                    arrangement or device, connecting the pipe lines of the Owner 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 Owner directly connected.

 

                        (2)        Interconnection:  An interconnection is a plumbing arrangement,

                                    other than a cross-connection, by which contamination might be

                                    admitted or drawn into the distribution system of the Owner, or

                                    into lines connected therewith, which are used for the conveyance

                                    of potable water.

 

                                    The Owner shall have the right at all hours to enter upon water

                                    user’s premises for the purpose of inspection and enforcement of

                                    this provision.

 

            K.        Applicants Having Excessive Requirements:  In event of an applicant

                        whose water requirements are bound to exceed the Owner’s ability to

                        supply it from existing physical assets without adversely affecting service

                        to other water users, the Owner 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 owner has no obligation to

                        reimburse the applicant for any physical assets provided.

 

            L.         Customer’s Duty Regarding Service Lines:  The water user’s service pipe

                        and all connections and fixtures attached thereto shall be subject to the

                        inspection of the Owner before the water will be turned on, if the Owner

                        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

                        Owner.

 

                        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 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 Owner shall so agree in writing.

 

                        Water user shall, at his 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 Owner 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 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 Owner 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

                        owner 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 Owner

                        as provided for in these Rules and Regulations.

 

            M.        No One But Owner’s Employee May Turn Water Off or On:  No one but

                        an employee or a person authorized by the Owner shall turn on water or

                        shut off water to any water user or to any property, except in the case of

                        escaping water.

            N.        Water Users Requiring Uninterrupted Supply:  The Owner 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 assured, 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

                        Owner for supplying same under working pressure, would do so at the

                        risk of the parties making such attachments, as the Owner will not be

                        responsible for any accidents or damages to which such fixtures or devices

                        are subject.

 

6.         Fire Hydrants:

 

            Private fire hydrants may be installed by a written agreement with the Owner, provided that the Owner shall take into account all possible costs to the Owner and charge an equitable price therefore, 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 Owner shall take into consideration the same factors when entering such a contract.

 

            In the event that the Owner undertakes to furnish fire hydrants as a part of the service to the water users of the Owner then all water users of the Owner 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 Owner’s employees or consultants.

 

7.         Meters:

 

            A.        Meters Furnished by Owner:  Meters will be furnished, installed, owned,

                        inspected, tested and kept in proper operating condition by the Owner,

                        without cost to the water user, except that such water user shall pay a

                        connection fee as set forth in these Rules and Regulations, which shall not

                        be refundable.  The complete record of tests and histories of meters will be

                        kept if deemed necessary by the Owner.  Meter tests will be made

                        according to methods of American Waterworks Association by the Owner

                        as often as deemed necessary by the Owner.

 

            B.         Meter Accuracy:  Service meter errors which do not exceed two per cent

                        (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 per cent (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.

 

            C.        Meter Location:  Meters shall be set in an accessible place on the outside

                        of buildings, except where otherwise directed by the Owner.  All meters

                        shall be set horizontally and never connected into a vertical pipe.  Meters

                        outside of the building shall be placed in meter boxes furnished and

                        installed by the Owner.

 

            D.        Requested Meter Rests:  Meter rests 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.

 

            E.         Water User’s Responsibility:  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.

 

8.         Water User’s Bills:

 

            Bills will be rendered for service by the tenth day following the close of the period for which the service was rendered as set forth in the rate schedule.  Service bills not paid by the tenth shall be subject to a ten percent (10%) late charge.

 

            Failure of the Owner to submit a service bill shall not excuse the water user from his obligation to pay for the water used when the bill is submitted.  Failure to pay a bill by the thirtieth day following the close of the period for which service was rendered shall result in the disconnection of the service and such disconnection shall be made without the necessity of notice to the water user.  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 Owner, its agents or employees.  The Owner, 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.

 

            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 Owner makes reading unusually difficult, costly or impossible, then the bills may be estimated by using, at the discretion of the Owner, either the amount of water used by the water user in the previous billing period, or in the same billing period in the previous year, 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 or more water users or for all water users of the Owner at the discretion of the Owner and it shall not be required that all bills be estimated in the event any one or more water users’ bill are estimated as herein set forth.

 

            Bills may be submitted on a monthly, bimonthly or quarterly basis as the Owner may provide and direct in its actions establishing a rate schedule.

 

9.  Discontinuance of Water Service:

 

            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 Rules and Regulations of the Owner.

 

            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, plus ten percent (10%) 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 acquired the property and hold title thereto and 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 connection charge of twenty-five ($25.00) Dollars.

 

            In the case of a water user who had discontinued from the system for a reason other than the vacancy of the property or in the case of a landowner of such property desiring to restore service, then such water user or landowner shall pay, in addition to a $25.00 trip charge, a reconnection charge of $75.00 for reconnecting said property to the system of the Owner.

 

            Except in the case of failure of the water user to pay the bill owed the Owner for water service, as set forth in these Rules and Regulations, the Owner will not discontinue the service of any water user for violation of any Rule or Regulation of the Owner, without written notice of at least two days, mailed to such customer at his address as shown upon the Owner’s records, or personally delivered to the water user or a member of the household, advising the water user what Rule has been violated for which service will be discontinued if the violation is permitted to continue.  Provided, however, that when misrepresentation of use of water is detected, or where the Owner’s regulating or measuring equipment has been tampered with, or where a dangerous condition is found to exist on the water user’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 Owner for any of the following reasons:

 

            A.        For willful or indifferent waste of water due to any cause.

 

            B.         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 water user (or the property occupied by the water user)

                        in a condition satisfactory to the Owner.

 

            C.        For molesting or tampering by the water user, or others with the

                        knowledge of the water user, with any meter, connections, service pipe,

                        curb cock, seal, valve or any other appliance of the Owner’s controlling

                        or regulating the water user’s water supply.

 

            D.        For failure to provide the Owner’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 water user’s water supply.

 

            E.         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 these Rules and Regulations, the rate schedule of the Owner.

 

            F.         In case of vacancy of the premises.

 

            G.        For violation of any Rules and Regulations of the Owner.

 

            H.        For any practice or act prohibited by the Missouri Division of Health.

 

            I.          For failure to allow any Owner’s employee, officer, agent, or

                        representative the right to inspect the water user’s premises for any

                        purpose set forth in these Rules and Regulations.

 

            The discontinuance of the supply of water to a property for any reason shall not prevent the Owner from pursuing any lawful remedy by action at law or otherwise for the collection of monies due from the water user or property owner.

 

            Water will not be turned on to any property unless there is at least one 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 Owner may turn on water and all applicants and water users are expressly forbidden to do so.

 

 

10.       Agreement with Governmental and Public Bodies:

 

            The Owner 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.  Such contracts must receive written approval by the State Director before being placed in effect.

 

11.       Future Connections:

 

            In making a future connection to an applicant for water service after the completion of the original water system of the Owner, the Owner shall charge a fee for said connection and such fee may be adjusted, taking into consideration the average cost for the entire system to each water user, at the discretion of the Owner, but said fee shall in no event be less than Four hundred Fifty ($450.00) Dollars.

 

12.       Main Extensions:

 

            Extensions of water mains and lines shall be made by the Owner upon written application on a form approved by the Owner.  If said application is approved, the main or line shall be extended provided that:

 

            A.        Applicant pays all construction, engineering and legal expense of such

                        extension, except where otherwise agreed by owner.  Said payment shall

                        be made in advance to the Owner or at the discretion of the Owner 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 Owner or put in a special escrow account

                        and applicant shall agree to pay any additional costs incurred for such

                        extension.

 

            B.         Before granting to an applicant the right to make such extension, or before

                        entering into an agreement therefore, the Owner shall first determine that

                        the extension will not materially affect in an adverse manner the service

                        rendered to any existing customers of the Owner.  In the event the Owner

                        determines, based upon information furnished by its employees and

                        consultants, that such extension would have a material adverse affect

                        upon existing water users of the Owner, then the Owner shall not permit

                        such extension.

 

            C.        In the event the applicant desires to perform the construction, the applicant

                        shall pay all engineering, legal and administrative costs incurred by the

                        Owner incident to the approval of the plans and specifications for

                        construction of the improvements, the perfecting of all rights of way,

                        the other costs incident to the construction, or in the alternative enter

                        into a special written agreement with the Owner.

 

                        The construction and materials shall be inspected by a qualified inspector,

                        furnished by the Owner.  The cost of this inspector shall be borne by the

                        applicant.

 

                        Upon satisfactory completion and testing, the improvements shall be

                        dedicated, free and clear of all encumbrances, to the Owner.

 

                        All plans and specifications for main extensions or improvements will be

                        approved by the Owner and the appropriate agency of the State of

                        Missouri.

 

13.       Multiple-Unit Dwellings and Residences, Including Hotels and Motels:

 

            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 family, and such definition shall include duplexes, triplexes, fourplexes, apartments and all similar structures and residences, than 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 Owner whereby all units of such residence are served by one water meter, that the total gallons used during each billing period, as determined by the rate schedule resolution of the Owner, by such multiple-unit residence shall be divided by the number of units in such residence and the water user 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 water user in such unit shall pay the water rates as set forth in the rate schedule resolution of the Owner for such water user’s proportionate share of the water as though such water user 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 Owner as herein set forth.

 

            Hotels, motels, residential hotels, and residential motels are considered to be multiple-unit dwellings or residences for the purpose of computing water rates under this section.  Provided, however, that in regard to such hotels, motels, apartment hotels, and apartment motels the number of individual dwelling units to be used in the calculation of monthly water charges under the alternative special written agreements shall be the average number of units in the hotel, motel, apartment hotel, or apartment motel, which were occupied by tenants or guests during the preceding calendar month.  For the purpose of this section, hotels, motels, apartment hotels, and apartment motels are defined as lodging establishments for the public, which are operated and licensed under the provisions of Section 315.005 through 315.079 of the Missouri statutes for the regulation of hotels, motels, and resorts.

           

            The Owner 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.

 

14.       Trailer Courts:

 

            In the event that a trailer court, also known as a mobile home court, desires service, than 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 Owner whereby all units of such trailer court are served by one water meter, but the total gallons used during each billing period by the trailer court shall be divided by a 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 Owner as set forth in these Rules and Regulations.

 

            The number of trailers using water during each billing period shall be the number of trailer locations actually served during such time and the Owner, 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.

 

15.       Rate for Tank Sales:

 

            The Board has the exclusive power to authorize tank sales or sales in bulk of water from such supply heads as it may designate at the rates to be determined by the Owner.  The Owner may prohibit the sale of water in bulk to any user or non-user when water service is available from the Owner.

 

16.       Liability of Owner:

 

            The Owner 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 Owner will undertake to use reasonable care and diligence in order to prevent and avoid interruptions and fluxuations in the service, but it can not and does not guarantee that such will not occur.

 

            The Owner shall not be held responsible for any claim 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 of service.

 

17.       General:

 

            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 owner.

 

            No employee or agent of the Owner shall have the right of authority to bind it by any promise, agreement or representation contrary to the letter of intent of these Rules and Regulations or the laws of the State of Missouri.

 

            Any complaint against the service or employees of the Owner should be made at the office of the Owner in writing.

 

            The service pipes, meter and fixtures on the water user’s property shall at all reasonable hours be accessible to the Owner for observation or inspection.

 

            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 Owner may pro-rate the water available among the various users on such basis as is deemed equitable by the Owner 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 Owner 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.

The District may, at its sole discretion, remove, replace, disconnect, or disable any water service meter, connection, or other service equipment which has not been in service for a minimum of five years and which the District does not believe can or should be maintained.

 

 

 

18.       Amendment of Rules and Regulations:

 

            These Rules and Regulations may be amended at any regular meeting of the Owner or at any special meeting thereof called for such purpose.