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The director of public works, appointed by the council, is hereby designated as superintendent of waterworks, and shall be responsible for the enforcement of this chapter. The duties of said superintendent shall be as follows:
(A) To execute to the city a legal bond in a sum to be determined by the council, with such sureties as shall be approved by said council for a faithful performance of his duties.
(B) To be general executive officer of the waterworks and have charge of all employees and all property pertaining to the waterworks system.
(C) To give written orders for all supplies and materials and preserve a copy of such orders in his office.
(D) To have charge of all contracts and shall see that they are faithfully executed.
(E) To have charge of the erection, alteration or repair of all buildings, engines, motors, pumps, fixtures, wells, reservoirs, equipment and grounds.
(F) To determine the location and size of all water mains, service connections, valves, hydrants and specials.
(G) To keep a correct record of all mains, hydrants, valves and specials, and keep a complete set of books which shall at all times show the distribution of accounts of the water department.
(H) To submit all bills, payrolls, accounts and monthly statements to the council for approval.
(I) To have the care and safekeeping of all books and papers belonging to the waterworks system and shall deliver them to his successor in office.
(J) To issue all permits for tapping mains, and shall record all taps, service pipes, their size, location, material and all data regarding the same, and to see that they are properly installed.
(K) To see that all gates and hydrants are restored to their proper working condition after use by the fire department and shall see that all breaks or defects are promptly repaired.
(L) To cause to be kept a daily record of the work of each pumping unit, the pressure maintained, the number of gallons pumped and such other data as may be necessary.
(M) To cause inspections to be made of the premises of any consumer for the purpose of examining the condition of all pipes, motors and water fixtures to eliminate all abuses, whether from waste or other improper use of water.
(N) To keep a record of each water meter in use and examine and test them at regular intervals as to accuracy of measurement and remedy any defects.
(O) The director of public works may employ such additional help, subject to the approval of the mayor and authorization by the city council, as may be necessary for the proper performance of the duties of that office. The director of public works shall be responsible for the acts done on behalf of that office by such employees and for the proper performance of their duties. This may include a superintendent of the water treatment plant who shall be subordinate to the director of public works. (Ord. 696, 10-19-1981)
On and after the effective date of this section, the city shall establish, by resolution from time to time adopted by the city council, all charges, rentals and rates for water service provided by the city to property owners and consumers. (Ord. 822, 7-21-1997, eff. 8-20-1997)
These rates, rules and regulations are for the management, control and protection of the waterworks and shall be considered a part of the contract with every person who takes water supplied by the city from the waterworks, and every person taking the water shall be considered as having expressed consent to comply thereby. (Ord. 696, 10-19-1981; amd. Ord. 702, 4-19-1982)
The following special rules and regulations are hereby established for the management, control and protection of the waterworks: (Ord. 748, 3-16-1987)
(A) Definitions: For purposes of this section, the following definitions shall apply:
APPLICANT OR CONSUMER: The owner.
OWNER: The legal owner of any premises served or to be served by the city's utility service; "owner" shall not include a tenant or occupant of premises owned by the owner or another.
UTILITY: The city of Havre water department.
UTILITY SERVICE: Water service or sewer service, or both, supplied by the utility to an owner's premises.
(B) Application For Utility Service:
1. All applications for utility service must be made by and in the name of the owner at the utility's office on forms supplied by the utility for that purpose. A new application must be made to the utility each time the ownership of the served premises changes and each time the identity of the owner changes.
2. All applications for utility service must be signed by the owner, or by the owner's duly authorized agent for and in behalf of the owner, and must include the purpose for which the utility service will be used and the owner's agreement to conform to these rules and regulations as a condition of receiving utility service. Before utility service is activated and turned on, the utility may require a cash deposit equal to two (2) months' average billing for utility service to the applicable premises, or a minimum of seventy five dollars ($75.00), whichever is greater, to guarantee payment for the utility service.
3. The account for utility service shall be kept and accounted for by the utility only in the name of the owner of the premises served by the utility service, and the owner shall be solely responsible for payment of such account when due and before delinquent. All accounts for utility service are due when rendered and become delinquent ten (10) days thereafter.
4. The utility shall charge all rates, rentals and other charges for utility service to the account of the owner for the premises to which the utility service is furnished. In the event any sums owing to the utility for utility service to such premises shall become delinquent, the utility reserves the right to terminate and turn off water service to the owner's premises for which any utility service account is delinquent. (Ord. 823, 7-21-1997)
(C) Consumer Discontinuance Of Service:
1. Permanent Discontinuance: A consumer who, for any reason, including the vacating of the premises, wishes to have the water service permanently discontinued, shall give the utility at least twenty four (24) hours' notice and shall specify the date that the service be discontinued. Until the utility has received such notice, the consumer shall be held responsible for all service rendered to the premises. (Ord. 748, 3-16-1987)
2. Temporary Discontinuance: If a consumer wants to temporarily discontinue the water service, as in instances of seasonal use, the consumer shall notify the utility of the request in writing and on forms provided by the utility. Within five (5) business days after the utility has received such notice, the utility will shut off the water at the curb without a shutoff charge, and allowance will be made on the consumer's bill for the time the water service is not in use. The consumer may have service restored at any time by notifying the utility in writing and upon payment of a forty five dollar ($45.00) fee for restoration of service. If the utility fails to shut off the water service within five (5) business days after receiving a written request for temporary discontinuance, and provided that the shutoff valve is not damaged, seized, frozen or otherwise inoperable, the utility will not charge the consumer for the water usage occurring after such five (5) business day period. (Ord. 859, 2-5-2007)
3. Frozen Service Lines: Frozen service lines shall not be treated as or deemed a permanent or temporary discontinuance of water service. No allowance or deduction will be made on the bill for the time the water service is not in use due to frozen service lines. (Ord. 833, 7-19-1999)
(D) Utility Discontinuance Of Service:
1. Notice Of Discontinuance:
(a) Service to any consumer may not be terminated unless written notice is sent by first class mail to the consumer that bills are ten (10) or more days delinquent, or that the violation of the rules and regulations must cease. If no response to the first notice is received within ten (10) days of mailing, the utility must send a second notice by first class or certified mail, or personally serve the customer at least ten (10) days prior to the date of the proposed termination. If the consumer's premises is rented to or otherwise occupied by a tenant of the consumer, and if the consumer has provided to the utility the tenant's name and mailing address in advance and in writing, then the utility will send the above described notices of discontinuance both to the consumer and to the consumer's tenant.
If no response to the second notice is received within ten (10) days, the utility shall leave notice in a place on the premises conspicuous to the consumer or to the consumer's tenant that service will be terminated on the second business day unless the delinquent charges have been paid or the violation of the rules and regulations has ceased. (Ord. 859, 2-5-2007)
(b) Where fraudulent use of water is detected, or where the utility's regulating or measuring equipment has been tampered with, or where a dangerous condition is found to exist on the consumer's premises, the water may be shut off without notice in advance.
(c) In no case shall the utility discontinue service on Friday, Saturday, Sunday, or a day prior to a holiday. All service terminations shall be performed between the hours of eight o'clock (8:00) A.M. and twelve o'clock (12:00) noon. (Ord. 748, 3-16-1987)
2. Charge For Reconnection:
(a) Whenever the supply of water is turned off for violation of the rules, nonpayment of bills, or fraudulent use of water, the utility may make a charge of forty five dollars ($45.00) for the reestablishment of service. (Ord. 859, 2-5-2007)
(b) After service has been turned off because of nonpayment, service shall not be turned on again until all back water bills and the turn on charge have been paid or an agreeable pay arrangement has been made.
(c) Should the occupant or owner of any premises turn on the water or cause it to be turned on after it has been shut off, or refuse to repair a defective service, or curb cock, it shall be turned off at the main, and the cost of such work will be charged to the owner of the property and the water service will not be turned on again until all costs of turning it off and on have been paid to the water department.
3. Emergency Service Disruption: Notice will be given, whenever possible, prior to shutting off water, but consumers are warned that owing to unavoidable accidents or emergencies their water supply may be shut off at any time. In the event of such accidents or emergencies, consumers are advised to take the necessary precautions to prevent damage to their fixtures and premises. (Ord. 748, 3-16-1987)
(E) Provision Of Meters:
1. All services shall be metered.
2. During the construction period, before the meter is installed, a flat rate monthly charge will be made based on an estimate by the public works department of the amount of water that would be used.
3. The property owner shall provide and install at their own expense a new meter which meets the requirements of the utility for all new construction which connects to the utilities water system.
4. Once a meter has been installed to a property connected to the utilities water system, the utility shall own the meter and at its own expense, maintain and operate all equipment necessary for the regulation and measurement of water, in accordance with the tariff or contract provisions, to its consumers. Where additional meters are requested by the consumer and are furnished by the utility for the convenience of the consumer, a charge for such meter will be made to the consumer.
5. The utility will not make collections for any secondary meters, and all water rents of any single building must be paid by one consumer when supplied by meter measurement from one service. The utility however, may include the readings of the secondary meters with the bill for the whole building.
6. In no case will the utility furnish water from one meter to two (2) or more houses, regardless of whether they are owned by one person or not.
7. The utility may install or replace any meter at such time as it may see fit and shall determine the size of any meter.
8. Any consumer requiring a service larger than one inch (1") in diameter shall cause to be purchased and installed at his own expense a meter of an approved pattern and design. Such meter shall be installed and maintained as required in the following subsections of this section. Any upgrades required to meet the utility's meter reading and/or billing systems shall be made at the owner's expense as required by the utility. (Ord. 896, 2-21-2017)
(F) Location Of Meters:
1. Protection Of Meters: In all cases where a meter is installed, the consumer must furnish proper protection from frost or other damage, and the meter must be located where it is easily accessible for reading purposes and repairs. If meters are not placed as directed, and where meters are broken or damaged by negligence of owners or occupants of premises, the same shall be paid by the owner of the premises, and in case payment is neglected or refused, the water supply may be turned off and shall not be turned on until payment is made of the amount due, plus forty five dollars ($45.00) for turning off and on such service. (Ord. 859, 2-5-2007)
(G) Meter Reading:
1. The utility shall normally read meters for all consumers at monthly or bimonthly intervals. The day of the month for reading any meter as determined by the utility shall as closely as practicable be the same for each reading.
2. If unable to get in to read the meter, the utility may provide the consumer with a card and request the consumer to read the meter and call in the reading to the utility. If such reading is not received by the utility in time for billing, utility may estimate the meter reading and render a bill accordingly.
(H) Meter Accuracy:
1. Accuracy Dispute: In cases of a dispute as to the accuracy of a meter, the consumer may demand that the meter be removed, and tested as to accuracy, in his presence. If the meter is found to be registering correctly or in favor of the consumer, the cost of such testing and replacing of the meter shall be borne by the consumer. If the meter is found to be recording incorrectly and against the consumer, the cost of such testing and replacing of the meter shall be borne by the utility.
(I) Meter Test:
1. Fast Meters: If, upon test of any meter, the meter is found to have an average error of more than two percent (2%) fast, the utility shall refund to the customer the overcharge, based upon the corrected meter reading for a period equal to one year. If attributable to some cause, the date of which can be fixed, the overcharge shall be computed back to but not beyond such date.
2. Dead Meters: If a meter is found not to register for any period, the utility shall compute the water used by taking the average of the water used for the meter reading period preceding the meter reading period following the date when the meter was found to be dead, which amount shall be assumed to be the amount of water used by the customer during the billing period in which the meter was found dead. Exceptions will be made to this rule if the facts clearly show that the above method does not give the correct consumption for the period.
(J) Meter Billing: Water consumers are not permitted to interfere in any way with the meter after it is set in place. In case the meter seal is broken or the working parts of the meter have been tampered with or the meter damaged, the utility may render a bill for the current month, based on an average of the last two (2) months, together with the full cost of such damage as has been done to the meter, and may refuse to furnish water until the account is paid in full.
(K) Irrigation And Lawn Sprinkling: The times when sprinkling and irrigation will be allowed shall be determined by the superintendent and the water committee, and the consumers shall be notified through the news media. For violations of this rule, the water department may discontinue service to the offender.
(L) Enforcement: It shall be the duty of the police of the city to give vigilant aid to the water department in the enforcement of its rules and regulations, and to this end they shall report all violations thereof that come to their knowledge to the superintendent's office. (Ord. 748, 3-16-1987)
The following rules shall be strictly adhered to by all persons performing any plumbing work in and upon any of the mains, connections or appliances appertaining to the waterworks and any violation thereof or failure to comply therewith shall be considered a violation and breach of the conditions of all bonds of plumbers hereinafter mentioned:
Rule P-1. No person shall engage in or conduct the business of water connecting or in any manner perform any work upon any of the mains, connections or appliances pertaining to the waterworks, until he, she or they shall have been granted a proper license for such work and filed the required bond, and received a permit therefor as provided in title 4, chapter 2 of this code, and subsequent amendments thereto.
No person except a regularly licensed plumber will be permitted to do any work on any pipe or connection made, with the mains or water supply of the waterworks. Plumbers failing to perform their work according to the established rules and regulations therefor or executing it unskillfully or to the detriment of the waterworks, may be debarred from making connections with the city mains.
Rule P-2. No plumber shall directly or indirectly allow any other person to do work upon said water mains or appliances under his license and bond.
When an application for new water service has been granted, the utility at the owner's expense will tap the main and furnish corporation cock, and clamp when necessary, and any other material used or labor furnished in connection with the tapping of the main. All expense of laying and maintaining the service pipes from the main to the premises of the consumer must be borne by the consumer. The service pipe must be laid below street grade, on the premises of the consumer and at a standard depth designated by the utility to prevent freezing. A curb cock and curb box of approved pattern must be installed by the consumer at a point designated by the utility.
Rule P-3. Special care shall be observed with trenches within the streets and alleys, and all surplus material must be removed when work is completed and any refilling of trenches necessary to maintain the highway in good condition for a period of two (2) years shall be done by the plumber, who shall be responsible for any damage to the roadway occasioned by his excavation and refilling during that time.
All trenches shall be refilled in a careful and workmanlike manner, and compacted to at least ninety five percent (95%) of maximum density at optimum moisture content as determined by AASHTO method T99. Water settling of the trench will not be allowed, and the addition of water shall be limited to that required for optimum moisture for maximum compaction of the material.
All backfill material shall be free from cinders, ashes, refuse, organic or frozen material, asphalt, boulders or other materials that are unsuitable.
If in the opinion of the director of public works or his agent, compaction tests should be taken to determine maximum density and should the tests fail, the deficiencies shall be corrected and the costs of such tests, both shall be borne by the plumber or contractor.
Rule P-4. Excavations in streets and alleys shall be made in such a manner as to impede travel as little as possible, and the superintendent of waterworks may determine and limit the time such excavation may remain open, and when, in his judgment, the work is unnecessarily delayed, he may direct the number of workmen be increased to hasten the work to such an extent as he may deem necessary. Red lights shall be maintained upon all unfinished work at night, from dark until sunrise, and sufficient barricades shall be in place at all times until the work is completed. (Ord. 748, 3-16-1987)
Rule P-5. Any person securing a water permit for any work on or connection to city water mains, connections or appliances pertaining to the city's waterworks, shall pay a uniform fee for such permit, in an amount from time to time established by resolution of the city council. (Ord. 801, 7-15-1996, eff. 8-14-1996)
Rule P-6. No alteration, addition or disconnection in and about any water pipes, or apparatus connected therewith shall be made by any plumber or any consumer without written permission to do such work being granted by the superintendent of waterworks.
Rule P-7. No pipes laid underground shall be covered and trenches refilled until after the water has been turned into such pipes and said pipes tested and found to be watertight, placed at the proper depth and all in workmanlike manner.
Rule P-8. Plumbers will be required in all cases to comply with and conform to rules governing consumers in the location and placing of pipes, stop boxes and cutoffs.
Rule P-9. Plumbers shall not excavate under the sidewalk or area, until after the tap is made for the connection and the public works department may require twenty four (24) hours' notice to put in a tap on the main, which tap may be made only with the approval of the public works department.
Rule P-10. In case of leaks or other accidents to pipes or other apparatus connected with the waterworks, plumbers may shut off the water to make such necessary repairs. In all cases where plumbers shall make repairs to pipes or fixtures on any premises, they shall leave the water turned on or turned off as they found it to be when they entered the premises to make such repairs. (Ord. 748, 3-16-1987)
Rule P-11. Any person not a licensed plumber who shall in any manner interfere with the waterworks, its pipes, hydrants, valves, stop boxes or fixtures of any kind belonging thereto, shall be guilty of a misdemeanor. (Ord. 834, 6-22-1999)
Rule P-12. In no case shall any plumber, after the completion and trial of any plumbing work, if it is the first introduction of service pipes, leave the water turned on at the premises, but shall in all cases close the stopcock before leaving the premises.
Rule P-13. The director of public works under the direction of the water committee shall have absolute control of the entire water system and all buildings and apparatus connected therewith. He shall have the authority to order the cancellation of the license of any plumber or may suspend the operation of said license for noncompliance with the rules and regulations of said public works department, and such suspension or cancellation of license shall take effect immediately and shall remain in full force until restored by order of the water committee.
Rule P-14. Plumbers must not extend pipes from one street number to another without special permission.
Rule P-15. Water pipes shall not be laid in the same trench with sewer pipes, but an entirely separate trench must, in all cases, be provided for their accommodation. At least ten feet (10') shall separate a water pipe from a sewer pipe.
Rule P-16. In all cases where water pipes enter a building, plumbers must furnish and install a gate valve of approved pattern. Said gate valve shall be placed within one foot (1') of the wall where said pipe enters the building.
Rule P-17. All meters set by plumbers shall be set horizontally within two feet (2') of the wall where the water pipe enters the metered premises, and the plumbers setting such meter must disconnect all water fixtures and apparatus on the premises and grounds belonging thereto, not supplied with water through said meter.
Rule P-18. Plumbers must first blow out the pipes before setting any meter, and the meter must, in all cases, be set without the use of red lead or any other substance for packing in the fittings and must be set level and made firm by properly bracing and supporting the piping adjoining the meter.
Rule P-19. The opening of stop boxes by plumbers by any other means than a proper wrench is strictly forbidden. All plumbers must have a stop box wrench attached to their keys for opening and closing stops. Any plumber breaking stop box covers or bolts will be required to pay for same.
Rule P-20. Whenever it becomes necessary during the progress of the work of replacing or repairing inside water pipes to break the meter seal, such action must be reported at once to the office of the superintendent.
Rule P-21. All plumbers shall be governed by the general rules and regulations, as far as the same apply to the kind and quality of material used and manner of doing plumbing work.
Rule P-22. Master plumbers will be held responsible for their workmen and for each violation of any of these rules, said master plumber shall be guilty of a misdemeanor. For a second offense, his license may be canceled.
Rule P-23. Unauthorized persons are not allowed to open or close any fire hydrant or to interfere with, attach or connect to any stop valve, stopcock or fire hydrant belonging to the water department.
Rule P-24. No person other than an authorized contractor or employee of the waterworks department shall make any tap or connection with any main or distributing pipe of the waterworks system.
Rule P-25. Whoever shall, by himself or by any other person acting under his authority, use or take water from any part of the waterworks aforesaid without a license or permit, or shall, without authority from said water department, open or hitch to, dig out, curb over or remove any fireplug or hydrant, stopcock, valve, valve box or any other fixture appertaining to said waterworks or shall let on or shut off water into or from any water pipe, wherever situated, shall be deemed guilty of a misdemeanor. (Ord. 748, 3-16-1987)
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