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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)
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)
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)
A. Permit Required: It shall be unlawful for any person to lay, repair, alter or connect any irrigation water line to the irrigation water system without first having received a permit from the city.
B. Application For Permit; Requirements:
1. Application Made By Licensed Plumber: Applications for permits to make irrigation water connections or other alteration or for laying or repairing lines connected directly or indirectly to the irrigation water system, must be made in writing by a licensed plumber or his authorized agent who shall describe the nature of the work to be done for which the application is made.
2. Conditions For Granting Application: The application shall be granted if the public works director determines that:
a. The connection repair, alteration or installation will cause no damage to the street in which the irrigation water main is laid, or that it will not be prejudicial to the interests of persons whose property has been or may thereafter be connected to the irrigation water main;
b. The connection conforms to the ordinances, regulations, specifications and standards of materials required by the city.
3. Connections, Alterations Or Installations: All connections, alterations or installations shall be to the line grade designated by the public works director.
4. Performance Bond Or Equivalent: Every application shall be accompanied by a performance bond or other sufficient security adequate to cover the cost for the work contemplated by the connection or repair to the irrigation system, including the anticipated costs for restoration of city roads and other infrastructure.
a. Type Of Bond Or Guarantee: The bond or guarantee shall be in the form of cash deposited with the city and held in an interest bearing account, or a letter of credit from an approved institution or such other cash security bond as the subdivider may obtain that is approved by the city.
b. Amount Of Bond: The bond shall be equal to the cost of the improvements, plus twenty five percent (25%). The subdivider shall furnish an estimate of the cost of constructing the required improvements. Said estimate shall be prepared by an engineer registered to practice in the state. However, no estimate may be used as the basis for the amount of the bond until it has been approved by the city engineer.
c. Duration: The duration of the bond shall be for one year from the date of approval of project or such lesser time as is required to complete the said improvements.
d. Final Inspection And Partial Release Of Bond Or Default: The applicant shall be responsible for the quality of all materials and workmanship of all improvements. At the completion of the work, or no later than one year from the date of approval of the application, the city engineer and public works director shall make a preliminary inspection of the improvements and shall submit a report to the city manager, setting forth the conditions of such facilities. If the improvements are completed, all liens are paid, and conditions thereof are found to be satisfactory, the city manager shall release all but twenty five percent (25%) of the deposit or bond or security. If the improvements are not yet completed, or are completed but conditions or materials or workmanship show unusual depreciation or do not comply with the standards of the city in effect at the time of final plat approval, or if any outstanding liens are not paid, the procedures in subsection B4f of this section shall be followed.
e. Final City Acceptance: The applicant shall be responsible for the irrigation system improvements for a period of one year after said improvements are completed. In accordance therewith, the twenty five percent (25%) cash bond, or equivalent as approved, which is retained after completion of the improvements, shall be preserved in escrow by the city for a period of one year to assure that if latent defects or other problems with the improvements are found, whereby the improvements fail to meet city standards, such defects and/or problems are repaired and made to comply with city standards. Ninety (90) days prior to the one year anniversary of the date the twenty five percent (25%) deposit or bond or security is created, the city engineer and public works director shall again inspect the improvements and shall make a checklist of any needed repairs and a report of the condition of the facilities, which shall then be submitted to the city manager. If the improvements are satisfactory at the time of this inspection, the city manager shall direct that the twenty five percent (25%) deposit, bond, or security retained in escrow shall be released to the applicant. If defects or problems are found at this inspection, the procedures in subsection B4f of this section shall be followed. Once the needed repairs and improvements have been made and are acceptable to the city, and after the city has received all required drawings of record showing any changes to the improvements, the city shall release any remaining deposit or bond or security amount and shall make final acceptance of and assume responsibility for the irrigation improvements.
f. Default Procedures: If an inspection reveals that the improvements are deficient, the city shall notify the applicant that he is in default, and set a reasonable time period, not to exceed ninety (90) days, to correct the problem. At the end of the specified time, the improvements shall be reinspected, and if the improvements still fail to meet the required standards and the applicant has not submitted to the city and obtained approval of a plan with a deadline to correct the problem, the city council shall notify the applicant of the date a public hearing shall be held on the issue, at which the applicant shall be entitled to demonstrate why all or part of his bond should not be forfeited to be used to remedy the problem. The city council shall decide the matter and issue written findings on the same no later than thirty (30) days after the public hearing. If the city council's decision after the hearing is that the subdivider is still in default and no agreement with a deadline between the city and the applicant has been made to fix the problem, the city council may declare his cash deposit or bond or equivalent forfeited, and the city may use the same to repair or install the required improvements. In such case, if the bond is found to be insufficient to cover the reasonable cost of completing or repairing the improvements, the city may enforce the terms of the irrigation improvement cost overrun agreement described in subsection B4h of this section. Once the needed repairs and improvements have been made and are acceptable to the city, and after the city has received all required drawings of record, the city shall release any remaining bond or equivalent, less twenty five percent (25%) in the case of a bond for original improvements, which twenty five percent (25%) bond shall be held pursuant to subsection B4e of this section.
g. Agreement Deadline: In the event the applicant and the city enter into an agreement with a deadline for the applicant to remedy a problem with the irrigation improvements, if upon inspection by the city it is found that the applicant has substantially failed to live up to the terms of said agreement and/or failed to meet the agreed deadline, the city council may declare his bond to be forfeited and use the proceeds thereof to correct any problem that may exist with said improvements, and may also pursue enforcement of his subdivision improvement cost overrun agreement if required. No extension of the agreed deadline beyond thirty (30) days shall be allowed.
h. Irrigation Improvement Cost Overrun Agreement: Prior to or at the time of the obtaining of any bond under this section, the applicant shall also sign a subdivision improvement cost overrun agreement, on a form approved by the city. This agreement shall provide that if the city council declares a bond forfeited under this section, and the bond is found to be insufficient to cover the cost of installing or repairing the improvements, the city may bring legal action pursuant to said agreement against the subdivider or his properly acknowledged successor, for the difference between the amount of the bond and the cost of installing or repairing the improvements. Said agreement shall provide that the applicant shall be responsible for all legal fees and costs of such an action.
C. Fee: Fees for permits or for inspection services shall be of such amounts as the city council shall from time to time determine by resolution. (Ord. 2007-14, 3-21-2007)
A. Application: Any person who desires to have the irrigation water extended within the city, and is willing to advance the whole expense of such extension and receive the return of the agreed portion, thereof, as hereinafter provided, may make application to the board by petition. The petition shall contain a description of such proposed extension, together with an offer to advance the whole expense thereof, which cost shall be verified by the city engineer. The board shall then make a recommendation regarding the extension and the city council may grant or deny the petition as in its discretion deems best for the welfare of existing irrigation users of the city.
B. Cost Of Extension Determined: Upon the receipt of such petition and map and before the petition is granted, the board shall obtain from the city engineer a certified statement showing the whole cost of making such extension.
C. Performance Bond Or Equivalent: If the city council grants the petition, a performance bond or equivalent amount of the cost of making the extension, as certified by the city engineer, shall be deposited with the city treasurer before any work is done on such extension. The deposit shall be made within thirty (30) days, or such time as the city council shall indicate, after the granting thereof. All bond provisions, as set forth in subsection 8-2-9B4 of this chapter shall apply.
D. Ownership Of Extension: Any extension shall be deemed the property of the city. (Ord. 2007-14, 3-21-2007)
A. Access By Department: The city shall at all ordinary hours have free access to any place supplied with water service from the irrigation system for the purpose of examining the apparatus and ascertaining the amount of water service being used and the manner of its use.
B. Facilities In Good Repair: All users of water service shall keep their service pipes, connections, risers and other apparatus in good repair and protected from frost at their own expense. No person, except under the direction of the city, shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe.
C. Connection Line Size: All water connections shall be by three-fourths inch (3/4") lines for lots of one-fourth (1/4) acre or less in size. Lots greater than one-fourth (1/4) acre up to one acre may have a connection of one inch (1") in size. Lots greater than one acre in size may have a larger connection as approved by the city engineer. Irrigation water connection and impact fees shall be allocated based on the size of the connection line as identified in the capital facilities plan and established by resolution of the city council.
D. Quality Of Service Pipe: All service and other pipe used in conjunction with the irrigation water services of the city shall be of such material, quality and specifications as the city council may from time to time by resolution provide, and shall be installed at such distances belowground as may be specified by regulations relating to the water department. All work, alterations or extensions affecting irrigation water pipes shall be subject to the acceptance of the public works director, and no connections with any irrigation water mains shall be made without first obtaining a permit from the city.
E. Scarcity Of Water: In time of scarcity of water, whenever it shall in the judgment of the public works director be necessary, the public works director shall by notice limit the use of irrigation water to the extent as may be necessary. The public works director shall have this authority without concurrence of the board or city council in the event of an emergency. In this event, the notice shall be reviewed at the next available regular meeting of the board and city council. It shall be unlawful for any person, his family, servants or agents to violate any notice to limit the use of irrigation water made by the chairman in pursuance of this section.
F. Relocation Of Water Connections: As the city moves irrigation lines to the streets; irrigation users shall relocate their irrigation connections to the front of their property. This relocation shall be completed at the irrigation user's expense within a twelve (12) month period after notification of the availability from the city street.
G. Schedule Of Use: The public works director may prohibit the use of the irrigation water system during any period of time, by individual users or by all users, if he determines that watering is resulting in a waste of water, or that use needs to be scheduled in order to meet the demands of the system.
H. Excessive Use Of Sprinklers: It shall be unlawful for any person to use such numbers of outlets simultaneously or to use such sprinkler or combinations of sprinklers or outlets as will in the opinion of the board materially affect the pressure or supply of water in the irrigation water system or any part thereof, and the city council may from time to time, by resolution, specify combinations of numbers of outlets which may have such effect, after recommendation by the board. (Ord. 2007-14, 3-21-2007)
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