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Home My WebLink About91-11-4698ORDINANCE NO. 91-11-4698 A AN ORDINANCE ABOLISHING CHAPTER 32, WATER AND SEWERS, AND RECREATING CHAPTER 32, WATER, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: ARTICLE I. IN GENERAL SECTION 1. Sec. 32-1, Contract required for taking or using city water; permitting unauthorized use of water, is hereby created to read as follows: "No person shall take or use any water furnished or supplied through the waterworks system of the city for domestic or other purposes without contracting for the same pursuant to the rules and regulations of the waterworks as approved by the commissioners of waterworks, nor shall any person permit water to be taken from his premises by any person not having a permit or license to take or use such water. Any person who violates any provision of this section shall, upon conviction, be guilty of a violation_" SECTION 2. Sec. 32-2, Unauthorized turning on or off of water; injuring or interfering with waterworks property, is hereby created to read as follows: "(a) No person not an officer or an employee of the waterworks distribution system, or not having a permit from one duly authorized to execute the same shall turn on or off any water from any main, distributing pipe, shutoff box or other device, or open, injure or otherwise interfere with any shutoff box or water meter, nor shall any person injure, tamper with o•r unscrew any nut or other fastening device on or about any fireplug. Any person who shall violate any of the provisions of this subsection shall be deemed guilty of a Class "B" misdemeanor. (b) Any person committing any act of trespass or injury to any of the property connected with and belonging to the waterworks system of the city not specifically defined in subsection (a) hereof shall be deemed guilty of a Class "B" misdemeanor." SECTION 3. Sec. 32-3, Duty of police to report \ damage to fireplugs and water system, is hereby created to read "Y as follows: "It shall be the duty of all officers to report any injury, breakage or damage to any fireplug or to the water system in any way, which report shall be made to the chief of police as soon as discovered." 382 �+�-.�6frJrr"," ��-;.{ ��. ....... .,.. .l__s—c—_•�[-__ :�__�. ..-�1-.�_� F.:._,._..=:_r�L.n�._yer_�x_v�m�lu�Wu_.1 ��_:c.,_. ,...I _ I _ Iv __,:I ...n_ -I 383 SECTION 4. Sec. 32-4, Mandatory connection, is hereby created to read as follows: "The city will take all steps as may be necessary to cause all dwellings and buildings within the areas served by the waterworks to be connected to the water facilities operated thereby and will prohibit all such properties from obtaining water services from any source other than the waterworks." SECTION 5. Sec. 32-5, Cross connections, is hereby created to read as follows: "Any direct or indirect physical connection found to exist or to be liable to exist between the waterworks potable water mains and another source of supply shall be considered a cross connection. When found, waterworks supply will be shut off to the premises until the cross connection is eliminated." SECTION 6. Sec. 32-6, Sprinkler meters, is hereby created to read as follows: "Each underground sprinkler system must be supplied by its own meter from the waterworks. All underground sprinkler systems found attached to the domestic water supply meter will be considered a cross connection. When found, waterworks supply will be shut off to the premises until the cross connection is eliminated." SECTION 7. Sec. 32-7, Conservation, is hereby created to read as follows: "When the commissioners of waterworks determine a shortage of potable water exists, water service will be curtailed to all nonessential customers." SECTION 8. Sec. 32-8, Right of access, is hereby created to read as follows: "Waterworks' employees shall have access to customer's premises at all reasonable times for the purposes of reading meters and testing, repairing, removing, or exchanging any or all equipment belonging to the waterworks." ARTICLE II. COMMISSIONERS OF WATERWORKS SECTION 9. Sec. 32-9, Establishment and composition of commission; appointment, is hereby created to read as follows: "There is hereby created a commission to be styled "Commissioners of Waterworks" composed of six (6) members to be appointed by the mayor, subject to the approval of the board of commissioners." SECTION 10. Sec. 32-10, Qualifications, is hereby created to read as follows:' "The commissioners of waterworks shall reside in the area served by the waterworks and be registered voters in McCracken County. A majority of the commissioners shall be residents of the City of Paducah." 384 SECTION 11. Sec. 32-11, Ex officio commissioner, is p hereby created to read as follows: "In addition to the six (6) members provided for by this article, the mayor shall -appoint a member of the board of commissioners who shall be an ex officio member of the commissioners of waterworks as provided for by KRS 96.320." SECTION 12. Sec. 32-12, Terms of office, is hereby 10 created to read as follows: „ Each member shall serve for a term of four (4) years. Upon a vacancy occurring, the mayor, subject to the approval of the board of commissioners, shall appoint a member to complete the unexpired term." SECTION 13. Sec. 32-13, Bond, is hereby created to read as follows: "Each of the waterworks commissioners shall execute a bond in the sum of five thousand dollars ($5,000.00) for the faithful performance of his duty, the premium of such bond to be paid as other operating expenses of the waterworks are paid." SECTION 14. Sec. 32-14, Compensation, is hereby created to read as follows: "The members of the commissioners of waterworks shall serve without compensation, but group life, hospitalization, medical and surgical insurance benefits shall not be considered compensation." SECTION 15. Sec. 32-15, Quorum, is hereby created to read as follows: "Four (4) members of the waterworks commission shall constitute a quorum for the transaction of business." SECTION 16. Sec. 32-16, General power to control and manage waterworks, is hereby created to read as follows: "The commissioners of waterworks shall control and manage the waterworks and water system of the city subject to the limitations and requirements of this article and of the laws of the state. They shall have the right and are hereby given power and authority to do any and all acts necessary or proper in the administration and proper management and operation of the waterworks." SECTION 17. Sec. 32-17, Authority to purchase supplies and services, is hereby created to read as follows: "The commissioners of waterworks shall have authority 1 to purchase all supplies and cause all work necessary in connection with the waterworks to be done and paid for out of the funds available for that purpose." ,..i. -r. -...-I1-n-r r-. F- — ._.... ._ f --r..—r.. ,M1T'RTi9"9- rn . .. .—n:.,. ,_v. -r.-- ..--i- I � ,.......,— '.._IJL�iJ .'1..'—, ,,., ^, .•.__I'��_1__:—__._ __ � 1'-'_ 1 '.. .'. _.�'�..:'_�_._='_'t�^m,."�""nwnmwrw+na mmr,.mmmm.�w- ..LLJiL_.LLv�1".�I'ttlL�l1�:J16 vLl__:t ."" 385 SECTION 18. Sec. 32-18, Authority to.appoint and remove employees and fix their compensation, is hereby created to read as follows: "The commissioners of waterworks shall have full power and authority to appoint and remove all employees of the waterworks and to fix and allow the compensation for such employees." SECTION 19. Sec. 32-19, Appointment, general duties and bond of secretary or treasurer, is hereby created to read as follows: "The commissioners of waterworks shall have authority to appoint a secretary or treasurer, who shall be the employee charged with receiving and accounting for the funds and revenues of the waterworks. Such secretary or treasurer shall not be a member of the commission of waterworks, but he shall be required to execute a bond in the sum of twenty thousand dollars ($20,000.00) to secure the faithful accounting of all funds entrusted to him, which bond shall be continued in force and effect, the premium thereon to be paid as other operating expenses. Upon the cancellation or termination of any such bond, the accounts of the secretary or treasurer shall be closed and an accounting made thereof." SECTION 20. Sec. 32-20, Rate changes to be approved by board of commissioners, is hereby created to read as follows: "In the lowering or raising of rates for service furnished by the waterworks, the commissioners of waterworks shall make their recommendations to the board of commissioners, and such rates so recommended shall not become effective until the same have been ratified by the board of commissioners." SECTION 21. Sec. 32-21, Code does not affect ordinances approving rates, is hereby created to read as follows: "Nothing in this Code or the ordinance adopting this Code shall affect the validity of any ordinance approving rates fixed by the commissioners of waterworks and such ordinances are hereby recognized as continuing in full force and effect." SECTION 22. Sec.,32-22, Audits of accounts and records, is hereby created to read as follows: "A financial statement of accounts of the waterworks shall be filed with the mayor and board of commissioners once each month. All of the records and accounts in connection with the operation of the waterworks shall be audited by a certified public accountant once each year and a report thereof filed with the mayor. The expense of making such annual audit shall be charged to the Operation and Maintenance Account of the waterworks." SECTION 23. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. Mayor Introduced by the Board of Commissioners November 12, 1991 Adopted by the Board of Commissioners November 26, 1991 Recorded by Lenita Smith, City Clerk, November 26, 1991 Published by The Paducah Sun December 2, 1991