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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCOUNTS, INSIDE-CITY LIMITS AND OUTSIDE-CITY LIMITS. Rate schedules and rules and regulations of the Department of water are affected by such location. The rate schedule attachments No. 1 and 1A and 1B, attached to the ordinance codified herein, or rate schedules which might later supersede this schedule, shall apply to those accounts where service connections made within the corporate limits supply water to premises lying wholly within the corporate limits or on which assessments are made by the city for tax purposes. However, in those cases in which water is furnished at the present time or in the future to any water faucet or other outlet lying outside the corporate limits of the city or lying outside the boundaries of any tracts on which the city makes assessments for taxation purposes the water furnished in such cases shall be paid for at rates on attachment No. 1, 1A and 1B.
BOARD. The Public Utilities Board of the city, including the Chairperson and all members, but does not include any employees of the City Utilities Department.
CUSTOMER. Any person who applies for water service or who receives water service from the Department under either an expressed or implied contract requiring such person to pay the Department for such service; and shall include any person upon whose property there is located a customer-owned water service line even though such service line is not in active use.
CUSTOMER’S SERVICE LINE or SERVICE LINE. The water line extending from the service connection to and within the improvements on such property.
DAY. Whenever used with reference to a period for which water used is measured, shall mean a period of 24 consecutive hours, beginning as near as practical to 8:00 a.m., Eastern Standard Time, and the date of any such day shall be the date of the calendar day on which said 24-hour period begins.
DEPARTMENT. The Utilities Department of the city, Department of Water, and its duly authorized employees, agents and representatives.
DISCOUNT DATE. The date which appears on the bill, except when some other date is expressly required by these rules and regulations or rate schedules, or by any agreement approved by the Board. The DISCOUNT DATE is the last date on which bills can be paid at the net rates.
DWELLING. Any single structure, with auxiliary buildings, occupied by one or more persons or households for residential purposes.
FIRE PROTECTION SERVICE CHARGES. The term applied to charges made for fire protection provided by fire hydrants owned and maintained on unmetered lines by the Department for the use of the city, firms, corporations or individuals.
HOUSEHOLD. Any one or more persons, living together as a family group.
MAIN. The water lines of the Department of all sizes, with service connection excluded, laid in or on the public streets or highways or on easements acquired by the Department for the installations of the Department’s water lines on private property.
PERSON. Includes firms and corporations, as well as individuals.
PREMISES. Any structure or group of structures operated as a single business or enterprise; provided, however, the term PREMISES shall not include more than one dwelling.
REGULAR BILLING PERIOD or the BILLING PERIOD. Any designated calendar month means the billing period, the revenues from which are included in monthly statements of the Department for the calendar month in question.
RULES AND REGULATIONS. Includes addenda, attachments, supplements and interpretations adopted from time to time by the Board.
SERVICE CONNECTION. The tap of the main and that portion of the line extending from the tap of the main to and including the meter and meter installation, in those installations where the meter is set at or near the property line on the street, highway or right-of-way on which the main is located. For meters located elsewhere on private property, the SERVICE CONNECTION is considered to extend only from the tap of the main to the property line, plus the meter and meter installation.
SERVICE PIPE. Synonymous in meaning with the term SERVICE CONNECTION.
TAPPING FEE. Any charges made by the Department to users or prospective users for the tap of the main and the installation of the service connection, including the meter, meter installation and the meter box. Any TAPPING FEE so collected is a contribution in aid of construction and the customer acquires no legal title to, nor equity in the facilities installed by reason of the payment therefor.
(1994 Code, § 18-202) (Ord. 421, passed 12-18-1986; Ord. 423, passed 3-5-1987)
Water pressure shall be such as determined by the physical properties of the Department's distribution and storage facilities and no maximum pressure can be guaranteed. In situations where the pressure at the meter exceeds the customer's needs a pressure reducer may be installed by the customer. The cost of this pressure reducer and the repair or replacement of the device is at the customer's expense not the Department. The Department will supply a minimum pressure of 20 pounds per square inch at the meter. If the customer needs additional pressure it is their responsibility to add their own pump to increase the pressure. The Department may require a reduce pressure backflow preventer device be added prior to the water service being activated. The pressure reducer/back flow preventer device is at the expense of the customer.
(1994 Code, § 18-203) (Ord. 421, passed 12-18-1986; Ord. 423, passed 3-5-1987; Ord. 784, passed 4-25-2016)
(A) Public.
(1) Fire hydrant installations for the city. The Department will install and maintain public fire hydrants for fire protection within the corporate limits of the city. The number and location of fire hydrants to be provided on new mains shall be determined by the Department in accordance with general policies of the City Commission. The City Commission may, of course, direct the Department to provide additional hydrants or otherwise upgrade the water system with regard to its fire flow capability.
(2) Charges. Charges for public fire protection service shall be those charges set forth in the current contract between the Public Utilities Board of the city and the City Commissioners.
(3) Water taken from fire hydrants for purposes other than firefighting.
(a) No person shall take water from a fire hydrant for purposes other than firefighting, except for municipal employees authorized to do so and such other persons as may hold a current permit for this purpose duly issued by the Water Department. The permit must designate the hydrants to be used and the period of time for which the permit is valid.
(b) When water is taken from fire hydrants for any purpose other than firefighting, such as sprinkling of streets, construction purposes or other temporary uses, the hydrant from which the water is so taken must have a reducing appliance attached to the nozzle of the fire hydrant with an independent valve capable of regulating the supply. The main valve of the fire hydrant must be fully opened it the beginning of each work day and remain open until the close of work at night.
(c) The supply is to be regulated by independent valves. Fire hydrants shall be operated only by a wrench of the type which must be approved by the Department. When taking water from a fire hydrant for any purpose other than firefighting, no wastage will be tolerated.
(4) Fire hydrant installations outside the city. The Utilities Department may permit the installation of public fire hydrants outside the corporate limits of the city where a contract may be executed with a suitable agency, body or individual to ensure payment of the annual charges for operation and maintenance. Any such hydrants shall be installed in accordance with the requirements of the Utilities Department and shall be deeded to the Department in an instrument. The Department may install hydrants outside the city with an installation cost share basis with the county. Private parties that install hydrants must pay the monthly unmetered fire line service charge based on the water line providing water to the hydrant. If the Department determines the private party is not maintaining the hydrant properly and water is leaking, the Department has the option to turn off water service to the service after due notice to the private party.
(B) Private.
(1) Private fire hydrants and fire lines. Private fire hydrants and fire lines will be installed at the expense of the customer and the construction will be made in accordance with specifications of the Department. Such facilities shall be owned and maintained by the customers and the charges for service shall be in accordance with published rates or, in the absence thereof, shall be subject to negotiation, but in no case shall they be less than the charges for similar public installations.
(2) Charges for sprinkler systems.
(a) Facilities installed for providing water for automatic sprinkler systems for fire protection shall be owned and maintained by the customer and charges for water service to such installations shall be in keeping with charges outlined in the schedule of rates and charges.
(b) Multiple connections for sprinkler service to one structure in service at the time of the effective date of these rules and regulations shall, for billing purposes only, be considered a single connection.
(3) Limited use of unmetered private fire lines.
(a) Where private fire lines are not metered no water will be used from such lines or from any fire hydrant thereon, except to fight fire or while being inspected in the presence of an authorized agent of the Department.
(b) All private fire hydrants shall be sealed by the Department and shall be inspected at regular intervals to see that they are in proper condition and no water shall be used therefrom in violation of the Department’s rules and regulations. When a seal is broken on account of fire or for any other reason, the customer taking such service shall give the Department written notice of such occurrence as soon as possible.
(c) No customer furnished service by an unmetered service connection shall use any device requiring or allowing the continuous flow or water unless such use has been approved in writing by the Department.
(1994 Code, § 18-204) (Ord. 421, passed 12-18-1986; Ord. 423, passed 3-5-1987; Ord. 784, passed 4-25-2016)
(A) In areas of low pressure where the reason for low pressure is known to be the elevation of the customer’s present or proposed service connection in relation to the elevation of the water storage facilities, special contracts with applicants for service in these areas will be obtained.
(B) Customers living in sections of the city and surrounding areas as described above must provide or maintain, at their expense, any equipment necessary to provide standards of water service desired.
(1994 Code, § 18-205) (Ord. 421, passed 12-18-1986; Ord. 423, passed 3-5-1987)
Any residence with water and sewer service may be allowed to purchase meters to be installed by the Utilities Department to measure water usage on the outside of the residence with no minimum water billing for the additional meter.
(1994 Code, § 18-206) (Ord. 421, passed 12-18-1986; Ord. 423, passed 3-5-1987)
A written application for either initial or additional water service must be made at the office of the Department or with a duly appointed employee of the Department and must be duly approved by the Department before service connection or meter installation job orders will be issued and work performed.
(1994 Code, § 18-207) (Ord. 421, passed 12-18-1986; Ord. 423, passed 3-5-1987)
(A) Each prospective customer desiring water service will be required to sign the Department’s standard form of contract before service is supplied and shall pay a tapping fee as required in Attachment No. 2.
(B) Customers requiring the installation of special equipment by the Department may be required to sign a form of contract guaranteeing a minimum charge for such period of time as may be agreed upon between the Department and the customer.
(C) If, for any reason, the applicant, after signing contract for water service, does not take the service by reason of not occupying premises or otherwise, he or she shall reimburse the Department for the expense incurred by reason of its efforts to furnish such service.
(D) The receipt by the Department of a prospective customer’s application for service, regardless of whether or not accompanied by tap fee and deposit, shall not obligate the Department to render the service applied for. If the service applied for cannot be supplied in accordance with the Department’s rules, regulations and general practices, the liability of the Department to the applicant for such service shall be limited to the return of any tap fee and deposit made with, or payment of charges to, the Department by such applicant.
(E) Whenever an application is made for service to premises concerning which the Department knows there is a dispute as to the ownership or the right of occupancy, and one or more of the claimants attempts to prevent such service from being furnished, the Department reserves the right to adopt either one of the following two alternatives:
(1) To treat the applicant in actual possession of the premises to be served as being entitled to such service, irrespective of the rights or claims of other persons; or
(2) To withhold service, pending a judicial or other settlement of the rights of the various claimants.
(1994 Code, § 18-208) (Ord. 421, passed 12-18-1986; Ord. 423, passed 3-5-1987)
(A) The customer, when called upon by the Department, shall deposit with it such reasonable sums of money as may be required by the Department as continuing security for the performance of the obligations contracted by the customer, and failure to make such deposit upon demand of the Department will give the Department the right to declare the contract forfeited and to refuse or to discontinue service.
(B) Upon termination of the service, the deposit may be applied by the Department against any obligations of the customer to the Department, regardless of whether such obligations arose in connection with water service or otherwise. Any part of the deposit which is not applied will be refunded to the customer.
(C) No deposit shall be transferable or assignable by the customer.
(D) The Department may, at its option, return deposits to customers.
(E) Deposits shall not be applied in payment of current monthly bills for water service and such deposits shall in no way affect the Department’s rights arising from non-payment of bills provided for in these rules and regulations.
(1994 Code, § 18-209) (Ord. 421, passed 12-18-1986; Ord. 423, passed 3-5-1987)
(A) Customers requiring temporary service may be required to pay all costs as determined by the Department for connection and disconnection of facilities incidental to the supplying of service in addition to the regular charge for water used. This rule applies to circuses, carnivals, fairs, trailers, temporary construction and other application requiring temporary service.
(B) The Department may issue permits for use of water for building or construction purposes or for other temporary purposes; provided, the applicant pays for tapping the main and installing the necessary facilities and complies with all other requirements of the Department.
(1994 Code, § 18-210) (Ord. 421, passed 12-18-1986; Ord. 423, passed 3-5-1987)
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