§ 25-1. Word definitions.

Unless otherwise expressly stated, the following words shall, for the purpose of this article, have the meaning herein indicated. Any pertinent word or term not a part of this listing, but vital to the interpretation of this article, shall be construed to have its usual legal definition.

Agent and the terms he, him, or his shall include and refer to a person or entity authorized to act for and under the direction of another person or entity when dealing with third parties, such as a realtor or property manager.

Alley means a public right-of-way which affords only a secondary means of access from such right-of-way to abutting property and is not intended for general traffic circulation.

AWWA means the American Water Works Association.

Applicable charges means any fees assessed to cover delivery of door hangers or other notification to the customer for prevention of service disconnection or for service reestablishment.

Basement means a story below the first story of a building.

Building means a structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels.

City manager means the city official responsible for the administration of the city, or his duly authorized representative.

City means the City of Kirksville, Missouri.

City engineer means the director of the city's engineering department or designee.

Clean-up fee means the charge assessed to each residential customer service account to defray the cost of the city-wide annual bulk refuse collection.

Code administrator means the director of the city's codes department or designee.

Common area is an area "readily accessible" to city public works personnel during normal working hours, Monday through Friday, 7:00 a.m. to 5:00 p.m.

Contamination means an impairment of the quality of the water by sewage, process fluids, or other wastes to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.

Corporation cock is a valve that secures that portion of the "street service pipe" attached to a "main".

Customer and the terms he, him, or his shall include and refer to any living person, persons, firm, agency, partnership or corporation who is a property owner or resident or tenant at the service address under contract with the city to supply water to the customer's premises from the city's public water supply system, and, the agents or employees of a customer acting on the customer's behalf.

Customer service pipe is that pipe running from the point of delivery into the premises of the customer. It may also mean a pipe connected to a fire service pipe and designed to provide potable water to the customer for purposes other than fire protection.

Department of natural resources means the Department of Natural Resources of the State of Missouri and its successors with the responsibility for enforcing laws, rules and regulations regarding water quality and water supply systems.

Disconnection or termination of service shall mean the unavailability of potable water to a customer at a given service address. The usage of this term shall mean the physical stoppage of water flow at the stop box or at the meter, or through the termination of service by the read out of a meter due to the inability to physically stop water flow.

Door hangar is a written notification to a customer of delinquency of account or of impending turn off or other information that needs to be communicated to the customer. The door hangar is left at an outside opening of the customer's premise.

Dwelling means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings, boarding and lodging houses, apartment houses and apartment hotels, but not hotels.

Dwelling, double-family means a building intended or designed for the occupancy of two (2) households.

Dwelling, multiple-family means a building intended or designed for occupancy of more than two (2) households.

Dwelling, single-family means a building intended or designed for the occupancy of one (1) household.

Easement means a grant by the property owner of the use of land to the public for specific purposes, but conveying less than a fee simple interest in the land.

Finance director means the director of the city's finance department or designee.

Fire service pipe means a pipe, with appurtenances, used to carry water from the point of delivery into the customer's premises where such water is used primarily for the customer's fire protection or fire suppression systems.

Industrial customer means any customer engaged in the manufacture, processing, assembly or fabrication of any item, product or good, and, whose premises are located wholly within the city limits within a M-1 or M-2 Zoning District as defined by this Code.

Industrial process system means any system containing a fluid or solution, which may also be chemically, biologically, or otherwise contaminated or polluted in a form or concentration as would constitute a health, system, pollution, or plumbing hazard if introduced into a potable water supply.

Initial service connection charge means the sum that is charged an applicant for the right to install a new "street service pipe" or replace an existing "street service pipe" to a city public main.

ISO means the Insurance Service Office of Missouri.

Individual water supply system means any water supply system, other than a public water supply system, which supplies water to a single building or tract.

Isolation means protection of a "customer service pipe" or a "private fire service pipe" by installing a cross-connection protection device or air-gap separation on a customer's individual fixtures, appurtenances, or systems.

Landlocked means a tract which is not abutted either by a public highway, street, alley or utility easement.

Landlord responsibility contract means an agreement signed by the landlord of residential units and kept on file by the finance department in which the landlord accepts utility service billing responsibility at any time for which there is no tenant signed up for service.

Main means a pipe used to transmit potable water to one (1) or more customers or tracts by means of a street service pipe.

Meter means a mechanical device or devices to measure and record the quantity of water supplied to the "customer".

Mobile home means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways; and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation.

Mobile home park means a tract upon which two (2) or more mobile homes or lots for mobile homes are located.

Notice to finance director shall mean written notice addressed as follows: Finance Director, City Finance Department, City Hall, 201 S. Franklin, Kirksville, Missouri 63501; and deposited in the United States mail, postage prepaid.

Operation and maintenance shall mean 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 system was designed and constructed.

Plumber means a plumbing contractor licensed to conduct business within the city.

Plumbing means all the piping, appurtenances and devices directly or indirectly attached to a customer service pipe beyond the point of delivery.

Point of delivery is the customer's side of the stop box located at the end of the street service pipe.

Pollution means the presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonable affect the water for domestic use.

Potable water means water which is satisfactory for drinking, culinary, and domestic purposes and meets the requirements of the department of natural resources.

Premises refers to a building or part of a building with its grounds or other appurtenances that is associated with a service address.

Private water supply system means a water supply system consisting of water mains, water distribution pipes, and necessary connecting pipes and appurtenances which supplies potable water to more than one (1) building structure or tract of land not under common ownership, which is not owned and controlled by the city or any public water supply district organized and operating under the laws of the State of Missouri.

Public water supply district means the water mains, water distribution pipes and necessary connecting pipes and appurtenances which supply potable water to customers, which is organized and operating under the laws of the State of Missouri.

Public water supply system means the water mains, water distribution pipes and necessary connecting pipes and appurtenances which supply potable water to customers and is owned and controlled by the city, or any public water supply district organized and operating under the laws of the State of Missouri.

Public works director means the director of the city's public works department or designee.

Readily accessible means unrestricted, barrier-free and unlocked, accessible without the use of tools, keys and ladders.

Reconnection charge means the sum charged to a customer for the reconnection of service to a "customer's" premises where service has been disconnected due to nonpayment of bills, by customer request or failure by customer to properly sign up for service.

Replacement shall mean 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.

Right-of-way means the entire dedicated tract or strip of land that is to be used by the public for circulation or service.

Security deposit or deposit means a payment required by a customer prior to establishment of service which may be used to offset a balance owed on the customer account.

Service means the provision of water from the city's public water supply system to the customer at the point of delivery under the terms and conditions of this article.

Service address means the physical address where service is provided by contract with a customer.

Service availability fee means the fee assessed to each customer that enables potable water to be supplied to each service address.

Service connection or connection represents the physical connection to the city's public water supply that allows water to be supplied to the customer.

Service continuation means the ability for agents to keep services active through participation in the service continuation program.

Stormwater describes any surface flow, runoff or drainage resulting from any form of precipitation event, including snowmelt, and consisting entirely of water from any form of natural precipitation.

Stormwater utility charge means a fee charged to each service address located within the city limits that is connected to the city water or sewer system, used to pay for debt service requirements for the stormwater system and/or for stormwater drainage improvements and maintenance.

Stormwater development charge means the fee based on the square foot of covered ground for new construction or additions to existing structures that is charged at the time of the building permit.

Street means a public thoroughfare which affords the principal means of access to abutting property. A street may also be designated as an avenue, boulevard, highway, parkway, road, thoroughfare, court, or other appropriate name.

Street service pipe means a pipe with appurtenances used to carry water from the "main" to the "point of delivery" into the "customer service pipe".

Suburban customer means any customer whose service address is located outside the corporate limits of the city.

Temporary service means a contract to provide service to a customer for temporary purposes for a period not to exceed six (6) months.

Tract means a single unit of land under the control of a customer.

Trash service means the residential collection of refuse within the city limits as provided by contract between refuse collection service(s) and the city and further governed by article IV of chapter 11 of this Code.

Useful life shall mean the estimated period during which the treatment works will be operated.

User charge shall mean 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 upon the city's water customers.

Volume charge is a variable charge based on the number of cubic feet of water used during a billing period.

Water system shall mean 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.

Watering meter is a device that provides service to customers only for watering of lawns or filling of pools and requires establishment of a separate service account.

(Ord. No. 10911, § 2, 4-2-90; Ord. No. 11378, § 1, 3-15-99; Ord. No. 11642, §§ 1, 2, 11-17-2003; Ord. No. 11685, § 1, 9-27-2004; Ord. No. 11717, § 1, 6-27-2005; Ord. No. 11848, § 1, 11-17-2008; Ord. No. 11928, § 1, 7-19-2010)