CHAPTER 700: PUBLIC UTILITIES

ARTICLE I. PUBLIC WORKS SUPERVISOR

Section 700.010.  Appointment — Duties and Responsibilities. [CC 1979 §21.830] 

A.     Appointment. The Mayor, with the advice and consent of the Board of Aldermen, at the first (1st) meeting of the Board in each fiscal year shall appoint a suitable person as the Supervisor of Public Works who shall hold office for one (1) year and until his/her successor is appointed and qualified. 

B.     Duties And Responsibilities. 

1.      It shall be his/her duty to oversee the waterworks and sewage system of the City. When his/her duties are outlined, it means that he/she or some competent individual under his/her supervision will carry out the duties. 

2.      The Supervisor will be responsible to look after all the machinery and pumps of the wells, or pumping station of the waterworks, to operate the pumps, keep the same clean and in good working order, to see that necessary repairs are made to any part of the machinery, to flush the hydrants from time to time, and to examine and see that each and every part of the machinery is constantly kept in good working order, and to see that the water tower(s) are kept well filled with water and not less than one-half (½) the full capacity of the tank, and also to keep the tank clean. It shall also be his/her duty to turn on and shut off the water, to superintend the extension of mains and keep in repair the entire system of waterworks and sewer mains. He/she shall read and record reading of meter at each pump each month. Further, he/she shall see that the provisions of the waterworks ordinances are observed by all persons and report to the Public Utility Board and the City Board at their next meeting any violation by any person of the provision of such ordinances. 

3.      He/she shall be responsible for the setting and numbering of each water meter. All such water meters needing repairs shall be repaired by the Supervisor of Public Works or his/her designee.     

Section 700.020.  Recommend Regulations. [CC 1979 §21.840]

It shall be his/her duty to recommend to the Public Works Board and the City Board and to formulate rules anal regulations governing the construction materials and installation of water service, pipes and connections and also of sewer pipes and connections prescribing the size, materials and installation of water service, pipes and connections, and also of sewer pipes and connections prescribing the size, materials, connections, ventilation, trapping and inspection and everything necessary to sanitary plumbing which shall be approved by the City Board, and when so approved shall be binding upon all plumbers and contractors doing any such work. 

Section 700.030.  Water and Sewer Line Connections. [CC 1979 §21.850]

No contractor shall be allowed to make any connection with the water or sewer system. 

Section 700.040.  Conflict of Interest. [CC 1979 §21.860]

It shall be unlawful for the Public Works Supervisor to be or to become directly or indirectly interested in any way in the plumbing business or in any contract for such work.   

ARTICLE II. BOARD OF PUBLIC WORKS

Section 700.050.  Creation of Board — Composition. [CC 1979 §26.050(1)]

The Board of Aldermen is responsible for the Waterworks and Sewer Department of the City of Stockton and may appoint an advisory board to be known as the Board of Public Works, which Board shall consist of five (5) persons, electors of the City of Stockton, Missouri, who have resided in said City for a period of two (2) years next before their appointment. 

Section 700.060.  Membership. [CC 1979 §26.050(2 — 5)] 

A.     Appointment Of Members. The Mayor of the City of Stockton, Missouri, shall appoint such members of the Board of Public Works, and appointment shall be confirmed by the City Board in such manner as other appointive officers are appointed and confirmed. 

B.     Tenure Of Office. The members of said Board shall hold office for a term of four (4) years each, except the first (1st) incumbents, who shall be appointed as follows: Two (2) members for a term of four (4) years each, one (1) member for a term of three (3) years, one (1) member for a term of two (2) years, and one (1) member for a term of one (1) year. 

C.     Vacancy — How Filled. In case a vacancy shall exist in said Board, such vacancy shall be filled in the same manner as original appointments are made to said Board, but the vacancy shall be filled only for the unexpired term of the vacating member. 

D.     Members Of Board Not To Hold Other Office. Any members of said Board of Public Works who shall accept a nomination of appointment for any other City office during his/her official term shall be deemed thereby to have resigned as a member of said Board, and his/her membership shall thereby be ipso facto, vacated.   

Section 700.070.  Meetings — Quorum. [CC 1979 §26.050(6)]

The Board of Public Works shall meet at least once a month in the City Hall. Three (3) members of said Board shall constitute a quorum. The Secretary of said Board shall submit written minutes of each meeting to the City Clerk. 

Section 700.080.  Powers and Duties. [CC 1979 §26.050(7)]

Said Board of Public Works shall have the power, and it shall be its duty, to advise the Board of Aldermen concerning all streets and roadways, and any waterworks, sewer plant, gas works, electric light and power plants, steam heating plant, or any other device or plant for furnishing light, power or heat, telephone plant or exchange, street railway or other public transportation, conduit system or other public utility whatever, which may be owned or franchised by such City by purchase or otherwise, and of all appurtenances thereto belonging. 

Section 700.090.  Improvements — Repairs — Regulations. [CC 1979 §26.050(8)]

Said Board shall also exercise such other powers and perform such other duties in the superintendence of public works, improvements and repairs constructed by authority of the City Board of Aldermen or owned by the City as may be prescribed by ordinance. Said Board shall make all necessary regulations for the government of the department, not inconsistent with the general laws of the State, the Charter of this City, or the ordinances thereof. 

Section 700.100.  Officers. [CC 1979 §26.050(9)]

There shall be a President, Vice President and Secretary of the Board of Public Works, who shall be appointed by said Board and at its pleasure removed. Said officers with the exception of the Secretary shall be elected from the Board of Public Works. 

Section 700.110.  Duties of Secretary of Board. [CC 1979 §26.060] 

A.     The Secretary of the Board shall have the responsibility and custody of the books and the accounts of the Sewer and Waterworks Department. Salary for such services and an "errors and omissions" bond, if required, to be set by the Board of Aldermen. All monies received to be reconciled daily with receipts. Said monies to be kept in a separate fund by the Treasurer and to be known as the Public Works Fund of said City. It will be drawn upon by the City Clerk and the Mayor, based upon an annual budget prepared by the Public Works Board and the Public Works Supervisor. Such budget to be approved by the Board of Aldermen as a part of the annual City budget. 

B.        The Secretary will attend all meetings of the Board of Public Works and prepare minutes of same. The Secretary will present a list of delinquent accounts to the Board after the designated pay period of each billing period. These will be presented at a regular hearing in a time period between the deadline for payment and the grace period allowed before disconnection. The Secretary will keep records of all Board authorized letters and delinquent payment notifications.     

ARTICLE III. PUBLIC WORKS FUND

Section 700.120.  Transfer of Revenue From Public Works Fund to General Revenue. [CC 1979 §82.010]

As the need presents itself and at the discretion of the City Clerk, twenty-five percent (25%) of the revenue from the Public Works Fund of the municipally owned waterworks and public works of the City of Stockton, Missouri, may be transferred to the General Revenue Fund.   

ARTICLE IV. PUBLIC WORKS SYSTEM

Section 700.130.  Combined Waterworks and Sewerage System. [CC 1979 §90.010; Ord. No. 281 Arts. I — II, 12-11-2000] 

A.     The waterworks and the sewerage system of the City of Stockton, including all future improvement and extensions thereto whether to the waterworks or to the sewerage system or to both, shall be and the same are combined and it is hereby declared that said waterworks and said sewerage system thenceforth shall be operated and maintained as a combined waterworks and sewerage system. 

B.     Further, to protect the integrity and operation of the combined system it is required and provided that all owners, tenants and residents of the City shall connect and utilize the combined waterworks and sewerage system of the City for any premises within the City that requires either water or sewerage service where there is both water and sewerage service adjoining the premises or within one hundred (100) feet of the boundary line of said premises. A hookup to one (1) of these two (2) services requires a hookup to both services.   

Section 700.140.  No Service Rendered Free. [CC 1979 §90.020]

No sewerage or water services shall be furnished or rendered free of charge to any person, firm or corporation. 

Section 700.150.  No Service Outside of City Limits. [CC 1979 § 90.030; Ord. No. 308, 10-14-2003]

No sewerage or water services shall be extended outside the City limits, nor shall any lines be extended from those which were outside the limits before it was prohibited, unless approved by the Board of Aldermen for the betterment and growth of the City of Stockton, Missouri. 

Section 700.155.  Water and Sewer Service to Park Area Adjoining City Limits. [Ord. No. 338, 3-28-2005]

In order to encourage the betterment and growth of the community, Section 700.150 notwithstanding, water and sewer service may be extended outside the City limits to provide service to facilities located on land owned by the United States Government which is being utilized as a public recreation or community use area. 

Section 700.160.  Shoring of Excavations and Trenches. [Ord. No. 162 §90.035, 5-10-1993]

As approved by the Board of Aldermen on February 8, 1993, it is the policy of the City of Stockton to comply with 29 CFR Part 1926, OSHA, Subpart P, Excavations and Trenches and any amendments duly passed thereto. This policy will apply to the City employees as well as private contractors working for the City. A copy of these regulations shall be kept at Stockton City Hall along with any amendments. 

Section 700.170.  Meters Read and Bills Rendered Regularly. [CC 1979 §90.040]

The Public Works Billing Clerk of the combined waterworks and sewerage system of the City and the City Clerk or such other officers or representatives of the City as may be designated from time to time shall cause all water meters to be read and bills for sewerage services to be rendered regularly as services accrue. All bills shall be due and payable from and after the date such bills are rendered at the office of the City Clerk or other place designated by the Board of Aldermen during the regular hours of business. The City Clerk or Public Works Billing Clerk of the City may calculate the amount of the bill of the customer for water and sewer service and render such customer a combined bill for such water and sewer service. All bills for water rates shall show on their face the meter readings at the beginning and end of the period covered and same shall be due as stated above. 

Section 700.180.  Delinquent Bills. [CC 1979 §90.050; Ord. No. 5 §90.050, 5-12-1980; Ord. No. 419, 9-20-2010; Ord. No. 425, 12-13-2010; Ord. No. 455, 4-22-2013; Ord. No. 463, 9-30-2013; Ord. No. 480, 2-23-2015] 

A.     Bills for water and sewer service shall be due upon receipt and delinquent after the 15th of the month. 

B.     A penalty of ten percent (10%) shall be assessed for non-payment of water and sewer services on the 16th of the month for all unpaid bills. 

C.     If payment is not received by 10:00 A.M. on the 20th of the month, service will be disconnected immediately. No notification of the disconnection will be made by phone call or door tags. Reconnection fees, as set forth in Subsection (D) herein, shall be assessed on all delinquent water and sewer bills at 10:01 A.M. on the 20th of the month. 

D.     Water and sewer service shall only be reconnected after payment of a twenty-five-dollar reconnect fee. The second time service is reconnected after shutoff due to non-payment, the reconnect fee shall be fifty dollars ($50.00). The third time, and every time thereafter, service is reconnected after shutoff due to non-payment, the reconnect fee shall be seventy-five dollars ($75.00).   

Section 700.190.  Bad Check Fees. [CC 1979 §90.055; Ord. No. 227 §90.055, 5-14-1998] 

A.     The City of Stockton shall be entitled to collect a fee on all insufficient funds checks written to the City of Stockton as payee. The maker or drawer of the check shall be primarily responsible and liable for such fee. The City shall have the right to add such fee to the water bill, City taxes, or any other debt the maker or drawer may owe to the City of Stockton. The City of Stockton shall have the right to withhold the fee from any deposits or money owed to the maker or drawer by the City of Stockton. 

B.     This remedy shall not be exclusive but shall be in addition to all rights and remedies the City of Stockton is allowed by law concerning insufficient funds checks. 

C.     The fee shall be set at twenty dollars ($20.00) per check but may be changed as determined necessary by the Board of Aldermen of the City of Stockton.   

Section 700.200.  Occupant and Owner Jointly and Severally Liable. [CC 1979 §90.060]

The occupant and user of the premises receiving services or water and sewerage services combined and the owner of said premises shall be jointly and severally liable to pay for such services rendered on said premises. The City shall have power to sue the occupant or the owner, or both, of such real estate in a civil action to recover any sums due for such services, plus a reasonable attorney's fee to be fixed by the court. Any notice of termination of service shall be sent to both the occupant and owner of the premises receiving such service, if such owner has requested in writing to receive any notice of termination and has provided the entity rendering such service with the owner's business addresses. 

Section 700.210.  Persons Allowed to Shut Off or Turn on Water. [CC 1979 §90.070]

It shall be unlawful for any person to turn on or shut off water at any valve or shut-off box, or turn meter off or on, or any place regulating the supply of water to any premises, or part thereof, from the waterworks of the City except the Public Works Supervisor or other person authorized by him/her. 

Section 700.220.  Deposits. [Ord. No. 420, 9-20-2010; Ord. No. 462, 9-30-2013] 

A.     Before any utility service is furnished to any consumer he/she shall be required to make a deposit to guarantee the payment for all services as the bills therefore become due, for which a receipt shall be given. Such deposit shall be as follows: 

1.      Residential homeowner deposit: $50.00. 

2.      Residential renter deposit: $100. 

3.      Commercial deposit: $50.00.   

B.     In the event that any consumer who has applied for any utility service and has any outstanding delinquent bills from any prior utility connections in the City, the deposit shall be paid and the outstanding delinquent bill(s) shall be paid. 

C.     If upon examination the City Clerk at any time finds the amount deposited by any water and sewer user is not sufficient to cover the bills for any two consecutive months such water and sewer user shall, after forty-eight (48) hours' written notice has been given, be required to make an additional deposit in an amount to cover the deficiency. Whenever a user of water and sewer shall for any reason cease using water, upon complying with all rules, regulations and ordinances of the City governing the furnishing and using of water and/or sewer and the payment of all bills and charges therefor in full, he/she shall be entitled to have returned to him/her the amount of deposit paid. 

D.     Said deposit shall be retained by the City until the service is discontinued. When the final bill is paid the deposit amount (without interest) shall be refunded.   

Section 700.230.  Providing of Water and/or Sewer Service After Issuance of Certificate of Occupancy. [Ord. No. 336, 2-28-2005] 

A.     The City Superintendent shall not authorize the provision of water and/or sewer service to any structure or building unless the Building Inspector shall have issued a certificate of occupancy or a temporary certificate of occupancy. 

B.     The City Superintendent may authorize temporary water and/or sewer services during construction only if the required building permit has been issued by the Building Inspector. 

C.     The City Superintendent is authorized to disconnect the temporary water and/or sewer service if the service charges for the service have not been paid, if the building permit is not being complied with as determined by the Building Inspector or if a certificate of occupancy or a temporary certificate of occupancy has not been issued prior to occupancy or use.     

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