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8-2-2: DEFINITIONS:
As used herein, the following terms shall have the meanings indicated:
COLLECTOR STREETS: The existing collector streets as of January 1, 2007, are 300 West, State Street (SR-9 and SR-17), Main Street, 100 East, 300 South, 170 South, 100 South, Center, 200 North, 300 North, and 500 North. Other collector streets may be added as outlined by resolution of the city council.
CONTRACT HOLDER: Any user of the irrigation system that maintains ownership of a contract for service to provide said water.
IRRIGATION DISTRICT: The boundaries of the service area for the irrigation system, which correspond with the municipal boundaries of the city as they existed on January 1, 2007. The boundaries of the irrigation district may be amended by resolution of the city council.
IRRIGATION WATER: Water furnished by the irrigation system, except where the context indicates to the contrary.
LAVERKIN CITY WATER BOARD; BOARD: The body charged with making recommendations to the city council regarding the maintenance, extensions, repairs and other operations of the culinary and irrigation water systems within the city. The composition, duties, meetings, and other details of the board are set forth in chapter 5 of this title.
LEASE USER: Any user of the irrigation system that does not maintain ownership of a contract for service.
LOT: A parcel of real property owned by one person or a group of persons. If contiguous parcels of real property have common ownership, they shall be considered as one lot.
PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.
READILY CONNECTABLE: The city utility service delivery system is reasonably accessible to the property in question, and connection thereto is reasonable and feasible to the property owner and the city from an engineering, legal, and cost perspective. For example, service lines front on or run through the subject property, and access and connection thereto can be achieved without substantial costs, the use of pumps and/or lift stations, large or premature cuts in road asphalt, etc. (Ord. 2008-15, 9-17-2008)
8-2-3: WATER METERS:
Water meters shall not be installed at each irrigation connection; provided, however, that the city council may determine, after review and recommendation by the board, that it is necessary to monitor water use through any irrigation water connection or combination of irrigation water connections, and may require installation of water meters and establish rates based upon water usage. (Ord. 2007-14, 3-21-2007)
8-2-4: SEASONAL SERVICE:
The irrigation water system is deemed a seasonal service and may be closed and drained during such periods of the year as the city may determine in order to prevent damage to the system from freezing or other hazards. (Ord. 2007-14, 3-21-2007)
8-2-5: APPLICATIONS FOR CONNECTION, SERVICE:
   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 irrigation water system, shall file with the city for each connection a written and signed application in the form as shown on file in the city office.
   B.   Connection By Subdivider: Whenever a subdivider or developer desires or is required to install irrigation connections and extensions for subdivision or development, the subdivider or developer shall enter into a written extension agreement with the city, which shall constitute an application for permission to make the extensions and connections and shall include the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required.
   C.   Nonowner Applicants; Agreement Of Owner: Applicants for irrigation water connections made by persons other than the owner of the property to which the connection is to be made shall be accompanied by an agreement signed by the owner of the premises to pay for such water connection and annual use. (Ord. 2007-14, 3-21-2007)
8-2-6: FEES, RATES AND CHARGES:
   A.   Service Rates And Connection Fees:
      1.   For purposes of this title, "delinquency related fees" shall include, but not be limited to, any and all utility service late fees, notice processing fees, reconnection fees, and/or collection fees and costs assessed against a user of utility services for late payment and nonpayment of utility charges.
      2.   Irrigation water rates, availability and standby fees, delinquency related fees, connection fees, reservoir fees, inspection fees, and other charges incidental to connection to and service from the city's irrigation water system shall be fixed from time to time by resolution of the city council. The city council may, from time to time, promulgate rules for levying, billing, guaranteeing and collecting charges for irrigation water service, and may establish other rules necessary for the management and control of the irrigation water system.
      3.   Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established, except that contract holders shall be entitled to the class 1 rate structure provided for in the city's agreement to acquire the irrigation system from the former LaVerkin Bench Canal Company. All utility customers of the city that have irrigation water available to their property, and who are not contract holders, shall be subject to lease user irrigation fees regardless of their connection or use of the system.
   B.   Complaints; Corrections:
      1.   City Manager: Any person or business having a complaint regarding the assessment and/or collection of an irrigation water charge, or any deficiency related fee associated therewith, may submit a written request for relief to the city manager, who shall review the request within ten (10) business days and grant such relief as he deems necessary and proper, and in accordance with applicable state and local law.
      2.   City Council:
         a.   Any person or business aggrieved by a decision of the city manager under subsection B1 of this section may make application to appear before the city council to request relief.
         b.   The city council is hereby constituted a board of equalization of irrigation water rates to hear appeals from the decisions of the city manager and to correct any assessments deemed by the city council to be illegal, unequal or unjust.
         c.   In addition to any other relief provided by state law or local ordinance, the city council may, if and to the extent that it deems necessary and proper under the circumstances, rebate all or any part of the irrigation water bill of any indigent person.
   C.   Disposition Of Funds: All fees and charges collected under the provisions of this chapter shall be deposited in the city irrigation system fund and used to meet the operation and maintenance cost of the irrigation system, debt service on obligations appertaining to the acquisition and construction of such system, and the payment of actual construction cost associated with the completion of the system.
   D.   Irrigation Water Availability And Standby Fees:
      1.   Water Availability Fee:
         a.   An irrigation water availability fee shall be assessed on all residentially and agriculturally zoned property for which city approval of plans (to develop a lot, plat or unit within any new development) is obtained, where such property is readily connectable to the city's irrigation system.
         b.   The irrigation water availability fee shall be imposed for and during the period between the time of such approval and the time a building permit is issued or a connection is made to the city's irrigation water system, whichever occurs first.
      2.   Standby Fee: An irrigation water standby fee shall be assessed on all other residentially and agriculturally zoned property which has been developed or for which a building permit has been issued, which is readily connectable to the city's irrigation delivery system but is not currently connected thereto and receiving irrigation water service (including, but not limited to, properties which have no physical connection to the city's irrigation system and properties for which physical connection has been made but service has been or is voluntarily or involuntarily terminated).
      3.   Amount And Frequency Of Fee Assessment: The amounts of the irrigation water availability and standby fees shall be established by resolution, from time to time, and shall only be assessable and billed for those months that users of the city's irrigation system are billed for their use of said system.
      4.   Delinquency And Collection Fees: The fee shall be subject to the delinquency and collection related fees (including a late fee) described in section 8-1-4 of this title and set by resolution of the city council. (Ord. 2008-15, 9-17-2008)
8-2-7: STATEMENT OF CHARGES; DELINQUENCY:
   A.   Statement: The city shall furnish to each user, or mail to, or leave at his or her residence or usual place of business, a written or printed statement setting forth the amount of irrigation water service charges assessed against each user based upon the contract share size. The statement shall specify the amount of the bill for the water service and the place of payment and date due.
   B.   Failure To Pay; Contract Holders: An irrigation bill is delinquent if not paid within thirty (30) days of the billing statement date. Monthly statements of notification shall be furnished, which shall include delinquent balance amounts as well as monthly delinquency fees as set forth by resolution. In the event contract holder defaults in any payment due under this water delivery contract, and contract holder's default remains uncured for a period of one hundred eighty (180) days after contract holder's receipt of written notice of its default, the city at its sole discretion shall be entitled to withhold delivery of water and terminate this water delivery contract and/or pursue all other remedies available to the city. In collecting the charges owed, no action taken by the city under this subsection shall relieve contract holder of its obligation to pay any sum owed to the city.
   C.   Failure To Pay; Lease Holders: An irrigation account is considered a utility account and subject to the provisions of section 8-1-4 of this title. It shall be deemed delinquent if not paid by twelve o'clock (12:00) midnight of the twenty fifth day of the month in which the account is billed, and shall be subject to immediate termination of service if it has not been paid in full by the shutoff date, as defined in subsection 8-1-4B3 of this title.
   D.   Discontinuance Of Service:
      1.   Contract Holders: If irrigation water service is thereafter discontinued for failure of the user to make payment, then, before the irrigation water service to the premises shall again be provided, all delinquent irrigation water charges must have been paid to the city in full or arrangements made for their payment in a manner satisfactory to the city council.
      2.   Leaseholders: Subsection 8-1-4B5 of this title shall govern the reconnection of delinquent leaseholders to the city's irrigation system. (Ord. 2007-33, 12-19-2007)
8-2-8: CONNECTION STANDARDS:
   A.   Single Lot Service: No more than one lot shall be served by a single water connection to the irrigation system. It shall be unlawful for two (2) or more individual lots to be supplied from the same irrigation system connection. In the event of a violation of this subsection, the supply of water through the irrigation system connection may be withheld until compliance has been made, unless otherwise outlined by contract. (Ord. 2007-14, 3-21-2007)
   B.   Single Lots With Multiple Uses: No more than one water connection shall be allowed on a single lot; provided, however, multiple connections may be allowed where a single lot contains more than one 1-family residence, such as where two (2) separate houses are placed on a single lot. In such case, upon application, a separate connection shall be allowed for each of the two (2) residences and their appurtenant yards and each shall be treated thereafter as a separate lot for purposes of this agreement. (Ord. 2009-06, 4-15-2009)
   C.   Location Of Connection: Each connection to the irrigation system shall be made at such location on the property line of each lot as the city shall determine. As a general rule, the location of connection shall be at a point closest to the nearest irrigation water main. It is the city's desire to run irrigation in streets with front connections.
   D.   Subdivisions And Planned Community Developments: All developers of subdivisions or planned community developments will be required to install an independent irrigation water system within the boundaries of said subdivision or planned community development. Unless otherwise excepted or additionally required by the city for good cause shown after submission of engineering and/or other data demonstrating the benefits for such exception(s), the irrigation system will include:
      1.   A valve at the end of the main line for flushing the line, or two (2) separate connecting points to the irrigation main line to circulate the irrigation system.
      2.   A one-inch (1") setter (70 series copper setter, VB74-10W-44-NL style) and a one-inch (1") meter idler (IDLER-10/34-NL), or equivalent thereof acceptable to the city, shall be installed to each lot.
      3.   All irrigation lines will be installed into the LaVerkin City's street right of way with irrigation connection to be supplied at the front of the property abutting the city street.
      4.   All irrigation lines installed shall be C-900 DR-18 purple pipe with tracer wire.
      5.   Each irrigation tap will terminate in a clearly marked irrigation connection box at the property line. A one-inch (1") setter (70 series copper setter, VB74-10W-44-NL style) and a one-inch (1") meter idler (IDLER-10/34-NL), or equivalent thereof acceptable to the city, shall be installed within this connection box, between the city irrigation system and the private property owner's system.
      6.   The main irrigation line will be sized adequately to provide water flow to each lot within the development. To ensure adequate water flow, the size of the irrigation water line must be engineered by the developer and approved by the city engineer. The minimum size of an irrigation water main in any noncollector street is six inches (6"). The minimum size of an irrigation water main to any collector street is eight inches (8").
      7.   The developer or lot owner will provide easements for all areas designated for irrigation service lines so the city will have access for repair and maintenance. All connections to the system must be inspected by the public works department.
      8.   In some cases where secondary water is not available from the city, the developer shall be required to obtain secondary water rights prior to the final approval of the subdivision or planned community development.
      9.   If necessary, developers shall extend irrigation mainlines from outside the boundaries of their subdivision or development to supply irrigation water sufficient to support the water requirements of their system.
      10.   Minimum water pressure for newly developed lots shall be thirty five (35) pounds per square inch (psi). (Ord. 2007-14, 3-21-2007; Ord. 2019-08, 8-21-2019)
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