§ 35-24 ADEQUACY OF SUPPLY.

   (a)   City supply must be adequate. Under no circumstances shall water be furnished by the city to any applicant or customer unless the supply of the city is adequate. In cases of emergency, priority of users of the city’s water supply shall be determined by the director, subject to the requirements of state law and § 35-23.

   (b)   Revisions. The city council may from time to time, upon recommendation of the city manager and the director, make revisions in the emergency water management plan approved under § 35-23(b) if prudent conservation requires the revisions.

(Ord. 11572, § 2, passed 5-24-1994)

§ 35-25 TEMPORARY DISCONTINUANCE FOR CONSTRUCTION, MAINTENANCE OR EMERGENCY REASONS.

   (a)   Reasons for temporary discontinuance. The director is authorized to temporarily discontinue service to premises for the following reasons:

      (1)   When a main break or other failure in the water or wastewater systems could injure persons, private or city property, or other parts of the systems;

      (2)   To perform routine maintenance or repair to any part of the water or wastewater systems;

      (3)   To perform emergency maintenance or repair to any part of the water or wastewater systems;

      (4)   In other cases of emergency, when necessary to protect the general health, safety or welfare of persons; or

      (5)   To make a connection to a newly constructed or relocated water or wastewater main.

   (b)   Responsibilities upon temporary discontinuance. In all cases of temporary discontinuance, the director must restore service as soon as is practical and must take all reasonable steps necessary to protect the public health and safety under the circumstances.

(Ord. 11572, § 3, passed 5-24-1994)

§ 35-26 NONESSENTIAL WATER USE RESTRICTIONS.

   The following restrictions shall apply to all customers of or persons who receive water from the city water supply:

   (a)   The following uses of water are defined as WASTING WATER and are strictly prohibited:

      (1)   Permitting or causing water to flow, spray or otherwise move or be discharged from the premises of any person responsible for any property within the corporate limits of the city to or upon any street, alley or other public right-of-way, ditch or drain, unless same is caused as a result of weather conditions or such other uncontrollable events; and

      (2)   Failing to repair a leak in a private plumbing system or in an irrigation system within five working days of the discovery or notification of same.

   (b)   When referred to in this subsection (b), SWIMMING POOL shall mean any portable or permanent structure containing or holding a body of water 24 inches or more in depth and containing 1,000 gallons or more of water and intended for recreational purposes, including a wading pool. All swimming pools utilizing diamoteceous earth filters which are constructed 60 days after the effective date of this section shall be equipped with filtration, pumping and recirculation systems which provide for recycling of filter backwash water.

(Ord. 11572, § 4, passed 5-24-1994; Ord. 12582, § 1, passed 7-16-1996)

§§ 35-27—35-35 RESERVED.

ARTICLE II: METERS

§ 35-36 GENERALLY.

   All water furnished by the city water department to its consumers shall be measured by meters. The size, type and right to own and control all meters installed or used by consumers of its water shall be determined by the city water department.

(1964 Code, § 37-20)

§ 35-37 SEPARATE METER REQUIRED.

   (a)   Two or more residential, business, commercial or industrial units located on separate lots or tracts shall not be permitted to be supplied with one water meter or sewer service connection where there is a water or sewer main in front of the premises, but shall have separate water meters and sewerage service connections.

   (b)   (1)   When there is a developed subdivision which on or before April 1, 1981, has existing paved streets under which exist water and sewer mains with service taps of adequate size to serve each subdivision lot, and should a lot of that subdivision on which no dwelling units have been constructed be replatted into two lots to accommodate the construction of a dwelling unit on each of the two replatted lots, the two lots thus created may be served by extensions from the existing single water service line and the existing single sewer service line, provided that such extensions have service taps of adequate size as specified in § 35-57.4.

      (2)   Each such replat shall contain a provision that the owners of the replatted lots shall share equally in the cost of repairing and maintaining that portion of the sewer service line from the sanitary sewer main to the point where the sewer line forms a wye to serve each lot; that each lot owner shall be individually responsible for the cost of repairing and maintaining that portion of the sewer service line which extends from the wye to serve his or her lot; that each lot owner shall be individually responsible for the cost of repairing and maintaining that portion of the water service line which extends from the discharge side of the water meter to serve his or her lot; and that in no event shall the city be liable for maintaining or repairing the water or sewer service lines which are herein made the responsibility of the lot owners.

      (3)   Each such replat shall also provide that the property owner on whose property the water or sewer service is introduced directly from the water or sanitary sewer main shall grant to the adjacent property owner on whose property the water or sewer service is extended such easements necessary to permit the adjacent property owner to enter upon the property where the service is introduced for the purpose of repairing or maintaining the extension line serving his or her lot or that portion of the sewer service line shared jointly by the two lot owners.

(1964 Code, § 37-21) (Ord. 8308, § 1, passed 3-31-1981)

§ 35-38 PURCHASE; REPAIRS.

   All meters larger than two inches shall be purchased by the water user through the city water department and if repairs on the same become necessary, such repairs shall be made by the city water department and the charges therefor shall be paid by the consumer. The rules for paying such charges shall be the same as the rules concerning those for payment of water or sewer service.

(1964 Code, § 37-22)

§ 35-39 MONTHLY READINGS; CUSTOMER CHARGES; STRAIGHT CONNECTIONS.

   (a)   Meters shall be read and the customer notified monthly of the amount of water or sewer service charges incurred by that customer for such month. Such notice may be furnished by depositing a bill for water and/or sewer service charges with the United States postal service directed to the last known address of the customer. Such water and sewer service charges shall be paid pursuant to rules and regulations adopted by the city council and amended from time to time. If such water and sewer charges are not paid after notice is given pursuant to such rules and regulations, field action may be taken by dispatching a service representative to lock, plug or remove the water meter and/or disconnect the sewer line. A disconnect charge according to the city's adopted fee schedule in § 35-56(l) will be added to the customer's account for field action for delinquent nonpayment, and payment of the delinquent account while conducting such field action shall not relieve the customer of the disconnect fee. In cases where the water and/or sewer service has been terminated, such service or services shall not be restored until the total amount due, including all charges prescribed in this section, has been paid in full.

   (b)   When water service has been terminated by a locking device and the water service line or meter installation or lock has been removed or damaged, an additional broken lock charge as specified in § 35-56(l) shall be assessed to the customer's account.

   (c)   All customers requesting the activation of water and/or sewer service will be requested to place a deposit in accordance with § 35-61.

   (d)   For all customers requesting a transfer of service, a charge shall be assessed on the customer's account as specified in § 35-56(l).

   (e)   The customer shall be assessed a reactivation fee for all work performed by the city in setting a meter or activating/reactivating water and/or sewer service a fee as specified in § 35-56(l).

   (f)   A non-sufficient funds fee will be added to the customer's account for all checks, bank drafts, credit card or debit card charges returned or refused payment from a customer's bank. If the customer does not remit payment for the returned charge, the city may terminate service and assess a fee as specified in § 35-56(l).

   (g)   A straight connection is defined as any type of device installed in lieu of a water meter, connecting the city's water service pipe to a private service pipe for the purpose of obtaining unmetered water. Whenever a straight connection is found in lieu of a water meter, the straight connection shall be removed by the city and a straight connection charge as specified in § 35-56(l) will be made applied to the customer's account for the removal of such straight connection. When a straight connection is found at a location where there is no record of a request for service to the location, a special charge for the straight connection removal shall be added at the time of future activation, for subsequent activation and to all estimated water billings and fees, and it shall be paid by the party requesting the activation.

   (h)   Resumes. All customers requesting account information and history such as consumption and associated charges will not be charged for this service unless the historical information requested exceeds three years. If the information requested is for the time period greater than one year, a charge as specified in § 35-56(l) will be added to the customer's account.

   (i)   Meter testing. All customers requesting a meter test will be provided with one meter test per year, per customer account, at no charge. Any customer requesting more than one meter test per year will be assessed a charge as specified in § 35-56(l), provided that the meter test indicated that the meter is functioning properly and is usable at another location. No charge will be assessed to the customer if the meter is not functioning properly.

   (j)   Meter replacement. The city will only replace meters that are found not to be properly functioning after testing and validation. If a meter replacement is requested after a meter test determines the meter to be functioning properly, a meter replacement charge as specified in § 35-56(l) will be applied to the customer's account.

   (k)   After hours service connection charge. All customers requesting the connection of service outside of normal business hours will be assessed a charge as specified in § 35-56 (l), for field action for the after-hours service.

   (l)   Same day service charge. All customers requesting the same day connection of service will be assessed a charge according as specified in § 35-56 (l) for field action for the same day service which will be added to the customer's account.

(1964 Code, § 37-23) (Ord. 5715, § 1, passed - -; Ord. 6325, § 1, passed 6-29-1970; Ord. 7091, § 1, passed 11-11-1974; Ord. 8360, § 1, passed 6-16-1981; Ord. 8680, § 1, passed 11-16-1982; Ord. 8958, § 1, passed 10-25-1983; Ord. 9179, § 1, passed 8-28-1984; Ord. 9433, § 1, passed 7-23-1985; Ord. 11717, § 7, passed 11-1-1994; Ord. 18835-09-2009, § 1, passed 9-22-2009, eff. 1-1-2010; Ord. 23990-12-2019, § 1, passed 12-17-2019, eff. 4-1-2020)