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No person shall intentionally or wantonly break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest under a charge of criminal mischief.
Statutory reference:
Criminal mischief, see KRS 512.020 through 512.040
Punishment for damaging waterworks or other public property, see KRS 96.340
(A) The Superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The Superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(B) While performing the necessary work on private properties referred to in division (A) above, the Superintendent 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 indemnify the company against loss or damage to its property by the city employees and against liability claims and demands for personal injury or property damage asserted against the company and drawing out of the gauging and sampling operation except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 50.25.
(C) The Superintendent 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 sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. 72.01, passed 3-9-70)
(A) The city is prohibited from furnishing water and sewer services on lines maintained by the city outside the city limits to any party not already served by the city, who will not first sign a statement that he will not object to the city annexing his property into the city limits.
(B) The city is further prohibited from furnishing water and sewer services on lines maintained by the city to any subdivision outside the city limits unless the subdivider first places in the restrictions of the subdivision that all future buyers of lots in the subdivision will not object to the city annexing their lots into the city limits.
(Ord. 74.01, passed 6-11-74)
(A) For the purpose of this section, “COMMERCIAL PROPERTY” shall be considered to mean any new or existing business establishment desiring to connect to the city water supply system.
(B) All excavation, material, and labor expenses shall be the sole responsibility of the commercial institutions desiring said water service.
(C) The city will not be responsible for any repair nor service other than that which is the direct property of the city.
(Ord. 71.07, passed 7-10-90)
(A) Access to the water supply outlet for bulk water haulers shall be limited by certain locks or code mechanisms.
(B) Any bulk water hauler who desires access to the water fill stations shall post a bond in the amount of $75 for each key or code extended to said water hauler by virtue of which he or she shall have access to the water fill stations.
(C) Prior to the distribution of any keys or codes by virtue of which access to water fill stations will be accomplished, any bulk water hauler shall post a bond in favor of the city in an amount determined by the total water bill of said bulk water hauler for the billing cycle immediately preceding said request for keys or codes, or the average of such water bills for the last 12 billing cycles, whichever amount is greater; said bond amounts may be reviewed and the amount of required bonds adjusted annually.
(D) The total bond required of bulk water haulers pursuant to this section shall be the total of the amounts determined by application to divisions (B) and (C).
(E) All such surety or indemnity bonds shall be issued by a recognizable insurance or fidelity company, and be written in favor of the city.
(F) Upon failure to comply with terms of this section either by way of failure to have such bond or other renewal issued or the early determination or lapse of said bond, any bulk water hauler or other person in possession of a key or code by virtue of which access can be had to the water fill stations of the city shall be immediately relinquished to the City Clerk and the city.
(Ord. 71.12, passed 4-14-98)
Effective with the billing and for every reading thereafter, the water rates charged to users of water provided by the city shall be as follows:
(A) Monthly water rates.
Amount Used (Gallons) Rate
First 1,000 $13.11, until any increase pursuant to division (E) herein.
Next 1,000 $13.11, until any increase pursuant to division (E) herein.
Next 3,000 $5.55 per 1,000 gallons for usage, until any increase pursuant to division (E) herein.
Next 5,000 $5.48 per 1,000 gallons for usage, until any increase pursuant to division (E) herein.
Next 10,000 and above $5.35 per 1,000 gallons for usage, until any increase pursuant to division (E) herein.
(B) Monthly sewer rates.
(1) All rate increases, shall be effective and issued for usage only after the effective date of the rate increase.
(2) Effective with the billing for every reading thereafter, the rates and charges for sewer service shall be as follows, based upon quantity of water supplied in gallons:
All customers
Amount Used (Gallons) Rate
First 1,000 $17.01, until any increase pursuant to division (E) herein.
Next 1,000 $17.01, until any increase pursuant to division (E) herein.
Next 2,000 and above $7.19 per 1,000 gallons for usage, until any increase pursuant to division (E) herein.
(3) Water customers outside the city limits not utilizing the city sewer system shall not be charged for sewer service.
(C) Bulk water station rates. The rate for all water hauled from the bulk Water Station shall be $2.00 per 1,000 gallons.
(D) Wholesale and industrial utility rates. The City Council is authorized to contract, on an individual basis, with potential utility customers of the city when circumstances of service to such potential customers do not fit the general provisions of city ordinances.
(E) In addition, beginning August 1, 2022, and every year thereafter, the hereinabove mentioned water, sewer, bulk station rates and wholesale industrial sewer rates shall be adjusted in accordance with the Consumer Price Index of the preceding year reported by the United States Government. Should the Consumer Price Index be negative, the rates herein shall remain unchanged.
(1) The provision of municipal utility services pursuant to a contract authorized by this ordinance shall be pursuant to the governmental powers and functions of the City of Falmouth, and except for administrative provisions, in no manner different from the provision of municipal utility services generally by city ordinances.
(2) The provision of municipal utility services pursuant to a contract authorized by this ordinance is subject to all other applicable regulatory and police powers of the City of Falmouth ordinances, Kentucky Revised Statutes, and Public Service Commission of Kentucky and Federal Regulations.
(3) Rates and quantities for the sale of municipal utility services established in a contract authorized by this ordinance shall be subject to change by the city, by ordinance, as any other utility rates and quantities are subject to change by the city.
(4) All such contracts shall be individually negotiated, reduced to writing, and executed by the mayor, as authorized by the city legislative body.
(5) Matters to be individually negotiated shall include, but shall not be limited to the following:
(a) Tap-on fees.
(b) Size, location, and ownership of lines.
(c) Size, location, and ownership of meters.
(d) Maintenance of utility fixtures.
(e) Necessity for backflow check valve.
(f) Necessity for flow restrictors.
(g) Conditions concerning the placement or not of a fire hydrant.
(h) Permits and fees for opening and closing city rights-of-way, or for boring beneath state, federal, or county rights-of-way.
(i) Relocation of utility fixtures made necessary by a change in the right-of-way.
(j) Rates for sale of municipal utility services.
(k) Quantities for sale of municipal utility services.
(6) Nothing in this ordinance shall be construed to require the City of Falmouth to provide municipal utility services outside the corporate boundaries of the City of Falmouth.
(Ord. 71.05, passed 7-9-85; Am. Ord. 71.08, passed 7-9-91; Am. Ord. 71.11, passed 8-8-95; Am. Ord. 71.14, passed 6-13-00; Am. Ord. 71.15, passed 2-3-04; Am. Ord. 71.16, passed 4-5-05; Am. Ord. 71.17, passed 8-10-05; Am. Ord. 71.17-2006, passed 7-20-06; Am. Ord. 2007-71.19, passed 6-21-07; Am. Ord. 71.20-2008, passed 4-3-08; Am. Ord. 71.23-2018, passed 7-27-18; Am. Ord. 71.24-2018, passed 8-9-18; Am. Ord. 71.25-2018, passed 8-23-18; Am. Ord. 2021:10, passed 12-21-21)
(A) A non interest-bearing meter deposit for all water service connections for non-property owners shall be $150.
(B) The above meter deposits shall not apply to connections presently installed for which deposits have already been made.
(C) The meter deposit shall be refunded upon disconnection of service after deducting the amount of the water service due at the time of disconnection.
(Ord. 71.09, passed 11-15-94; Am. Ord. 2010-71.22, passed 6-10-10)
CROSS CONNECTION PREVENTION
(A) It is the purpose of this subchapter to establish a program to assure that the public water supply is protected from any auxiliary water supply which may cause contamination due to backflow or cross connections. Contamination of the public water supply presents an imminent health hazard to the residential and non-residential users of the public water system; there is the threat of significant economic loss due to disrupted water service to such residential and nonresidential water users and potential liability to the city.
(B) It is the further purpose of this subchapter to meet the requirements of 401 KAR 8:020 as enacted by the Kentucky Natural Resources and Environmental Protection Cabinet.
(Ord. 2014-72.01b, passed 4-8-14)
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