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A. Created: The culinary water department of the town is hereby created. It shall administer the operation and maintenance of the culinary water system of the town. So far as is practically appropriate, this department shall operate and be governed separately from the irrigation water system 1 of the town.
B. Superintendent:
1. There is hereby created the position of superintendent of the culinary water system. His title shall be sometimes stated "superintendent" to indicate and parallel the customary usage and practice of distinguishing a culinary water supervisor or administrator as a "superintendent" and also to distinguish his office from that of the irrigation water system "superintendent". When the term "water" is used in this chapter, including its use in the application for water revenue embodied in this chapter, it shall be deemed to apply specifically and exclusively to culinary water furnished under this system, except where the context indicates to the contrary, particularly but not exclusively, where intermingling of culinary and irrigation water is prohibited.
2. The superintendent of the system shall manage and supervise the system pursuant to the provisions of this chapter and pursuant to resolutions, rules and regulations adopted by the town council from time to time prescribing his powers and duties and directing the manner and frequency with which he shall make reports to the mayor relating to the water system. All of the functions and activities of the superintendent shall be carried on under the direction of the mayor or council member appointed by the mayor. (Ord. 1992-1, 11-7-1992)
Notes
1 | 1. The secondary water system falls under the jurisdiction of the Hatch irrigation company. |
A water connection shall be required for each individual unit as established in the town. For the purpose of this chapter, an "individual unit" is defined as a separate residence, building, commercial establishment, summer or recreational or other similar unit for use or served by culinary water, whether or not maintained in the same group as other units or parcels and each separate unit shall be required to pay minimum rates herein specified. (Ord. 1992-1, 11-7-1992)
A. Preamble Incorporated: The entire preamble of the ordinance codified herein is incorporated into and is a part of this chapter. (Ord. 1993-1, 4-3-1993; amd. 2001 Code)
B. Restrictions: No new connections to the town culinary water system shall be allowed for development, residential or commercial, within areas designated as special flood hazard areas, specifically zone A of the flood insurance rate map (FIRM) as used by the federal emergency management agency (FEMA) to define such areas, without first gaining approval of the majority of the Town Council, showing prima facie evidence of proper compliance with Federal, State, County and local laws and ordinances as pertains to development in special flood hazard areas, specifically Zone A. Be it further clarified that this evidence must be presented to the entire Council and voted upon prior to approval of a water connection. (Res. 6/98, 10-8-1998, eff. retroactive to 10-1-1998)
C. Floodplain Area Defined: "Floodplain" and "floodplain areas" shall mean such areas as determined from time to time by the Federal Emergency Management Agency (FEMA) or such other Federal or State agencies having authority or jurisdiction over the determination of such areas. (Ord. 1993-1, 4-3-1993)
A. Connection: Any person, other than a subdivider or developer seeking multiple connections, who desires or is required to secure a new connection to the culinary system, shall file with the Water Department for each such connection, a written and signed connection application in such form as is approved by the Town Council and on file in the Town office.
B. Subdivider Or Group Outside Town Limits: Whenever a subdivider, developer or other group outside the Town limits desires or is required to install water connections and extensions for a subdivision or development, the subdivider, developer or group shall enter into a written extension agreement which shall constitute an application for permission to make the extensions and connections and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required, all of which shall be fixed by the Town and paid by the applicant. (Res. 12/94, 12-10-1994, eff. 6-1-1995; amd. 2001 Code)
C. Service: Any person who desires or is required to secure water services when such service is available from the Town water system, shall file with the Water Department a written application and agreement for the service which shall be in such form as is approved by the Town Council and on file in the Town office.
D. Nonowner Applicant; Agreement Of Owner: Applications for water service made by the tenant of any owner must, in addition to the above requirements, be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent in such form as is approved by the Town Council and on file in the Town office.
E. Nonresident Applicant: An application for a connection outside the corporate limits of the Town shall be required in such form as is approved by the Town Council and on file in the Town office. (Ord. 1992-1, 11-7-1992; amd. 2001 Code)
A. Established: The rates, penalty fee for delinquency in payment, connection fee, inspection fee, reconnection fees, and other charges incidental to the connection and services from the Town's culinary water system, shall be fixed from time to time by the Town Council. The Town Council may, from time to time, promulgate rules for levying, billing, guaranteeing and collecting charges for culinary water services and all other rules necessary for the management and control of the system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established. Rates may be established at different levels for premises outside the corporate boundaries of the Town.
B. Schedule: Until further resolution or order or by any enacted legislation as provided in subsection A of this section, the schedule of connection and user fees shall be as follows: (Ord. 1992-1, 11-7-1992)
1. Connection Fees:
a. Connection Fees Inside Town Limits:
(1) For three-fourths inch (3/4") service (residential), one thousand eight hundred dollars ($1,500.00).
(2) For one inch (1") service, two thousand dollars ($1,800.00).
(3) For two inch (2") service, five thousand one hundred dollars ($2,200.00).
b. Connection Fees Outside Town Limits: All dimensions, sizes and capacities; to be fixed when and if application therefor is approved by the Town Council. (Res. 2012-03, 6-11-2012; amd. Res. 2022-10, 9-21-2022)
2. User Fees:
a. Residential User Fees Inside Town Limits:
(1) Minimum monthly fee per month for active as well as inactive connections shall be an amount as set by town council.
The minimum monthly charge shall entitle the user to an amount of culinary water per month as set by town council. The minimum charge shall be applicable to seasonal, temporary, inactive, as well as active connections to the system for both residential and commercial and may be regarded as a "demand" charge based upon capital investment to make service available at each point of connection and therefor peremptorily assessed although no water may be utilized at the premises in any given month.
(2) Charges for uses exceeding the amount of culinary water per month as set by town council shall be an amount as set by town council.
b. Other Than Residential User Fees Inside Town:
(1) Minimum monthly fee per month for active as well as inactive connections shall be an amount as set by town council.
The minimum monthly charge shall entitle the user to an amount of culinary water per month as set by town council. The minimum charge shall be applicable to seasonal, temporary, inactive, as well as active, connections to the system for both residential and commercial and may be regarded as a "demand" charge based upon capital investment to make service available at each point of connection and therefor peremptorily assessed although no water may be utilized at the premises in any given month.
(2) Charges for uses exceeding the amount of culinary water per month as set by town council shall be an amount as set by town council. (Ord. 1992-1, 11-7-1992; amd. Res. 2004-01, 9-8-2004)
c. Usage Fees Outside Town Limits: Charges for usage outside the corporate limits of the town not only as to the minimum, but also as to all overages, shall be fixed from time to time by resolution or agreement as deemed proper under the circumstances. (Ord. 1992-1, 11-7-1992)
d. Deposits: A deposit will be collected by the town at the time that property changes ownership. At the time of termination of ownership of a property that a deposit has been made on, the deposit will be reimbursed as long as there is no balance due amount. Otherwise, the balance due amount will be deduced from the deposit amount.
(1) Deposits on residential properties, two hundred fifty dollars ($250.00);
(2) Deposits on business properties, one thousand dollars ($1,000.00). (Res. 2/97, 2-8-1997, eff. 3-1-1997)
(3) The town will accept a credit letter in lieu of a deposit for businesses and/or residents. This will be on a case by case basis which must be approved by the town council. (Res. 5/98, 7-9-1998, eff. 7-9-1998)
C. Special Rates: The town council may, from time to time, fix by agreement or resolution special rates and conditions for users using exceptionally large amounts of water service or making use of the system under exceptional circumstances, upon such terms and conditions as they may deem proper.
D. Disposition Of Funds: All connection fees and monthly user charges collected under the provisions of this chapter shall be deposited in the town's water system fund and used to meet the operation and maintenance cost of the system; debt service on obligations appertaining to the construction associated with the completion of the system; and such other allocations as town council may by resolution provide. (Ord. 1992-1, 11-7-1992)
A. Statement: The town clerk or superintendent shall furnish to each user, or mail to, or leave at his place of residence or usual place of business, a written or printed statement stating thereon the amount of water service charges assessed against him once each month or at such other regular intervals as the town council shall direct.
B. Notice Of Intent To Discontinue: The statement shall specify the amount of the bill for the water service and the place of payment and date due. If any person fails to pay the water charges within thirty (30) days from the date due, the clerk or superintendent shall give the consumer notice in writing of intention to discontinue the service to the consumer unless the consumer pays the bill in full within five (5) days from the date of notice. (Ord. 1992-1, 11-7-1992)
C. Discontinuance Of Service: If the culinary water service is thereafter discontinued for failure to make payment, then before the water service to the premises shall again be provided, all delinquent water charges must have been paid to the town treasurer or arrangements made for their payment in a manner satisfactory to the town. In the event water is turned off for nonpayment of water charges then before the water service to the premises shall again be provided, the consumer shall pay, in addition to all delinquent water charges, such extra charge for turning the water on or off as the town council may have established by resolution. Until such a resolution has been adopted, there shall be added an extra charge, in such amount as established by resolution of the town council, for turning on the water. Furthermore, in addition to such payments and penalties, a delinquent consumer may be required to make and file a new application and deposit if the previous deposit has theretofore been applied to the payment of delinquent bills. The town clerk is hereby authorized and empowered to enforce the payment of all delinquent water charges by an action at law in the name of the town. (Ord. 1992-1, 11-7-1992; amd. 2001 Code)
D. Delinquencies:
1. Delinquencies associated with the payment of the initial hookup fee shall bear interest at the rate of one and five- tenths percent (1.5%) per month on the unpaid amount, and the town may commence, at its option, an action against the delinquent property owner of record at any time to recover the amount due plus court costs. In the event the owner of any of the premises, or the tenant or occupant of the premises, shall fail to pay any fee or charge, the town may cause the water to be shut off from such premises, and the town shall not be required to turn the same on again until all arrearages for water furnished shall be paid in full. Nothing in this section shall be deemed to require the town to connect any premises until the full connection fee and any security deposit imposed are both and all paid in full.
2. Delinquency in the payment of monthly user fees shall bear interest at the rate of one and five-tenths percent (1.5%) per month against the amount thirty (30) days past due, and delinquencies following notice of intent to discontinue service shall result in the termination of all culinary water service until the delinquent amount, plus interest accrued, shall be paid to the town. (Ord. 1992-1, 11-7-1992)
It shall be unlawful for any person by himself, family, servants or agents to utilize the culinary water system without paying therefor, as herein provided, or without authority, to open any pipe, line, connection, stopcock, valve or other fixtures attached to the system of culinary water supply unless it is done pursuant to proper application, agreement or resolution. It shall be unlawful to injure, deface or impair any part or appurtenance of the water system or to cast anything into any reservoir or facilities appurtenant or contributing to the culinary water system. It shall be a criminal offense in any way to pollute any water source, watershed, drainage area, or any part of or contributing to the culinary water system. (Ord. 1992-1, 11-7-1992)
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