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GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD. The City Utility Service Board or any duly authorized officials acting in its behalf.
CUSTOMER. Any person, municipality or other governmental agency, which has agreed orally, or otherwise, to pay for water service received from the City Water Utility.
PREMISES. A dwelling, building, structure or parcel of real estate, which is normally supplied through a separate service pipe and meter installation.
PRIVATE FIRE SERVICE. A privately owned arrangement of pipes, fixtures and devices designed for stand-by service and from which water is taken only for extinguishments of fires.
PRIVATE MAIN. A privately owned pipe connected to the Utility's distribution system and used to deliver water or for general service purposes. Service rendered through a private main shall be billed directly by the Utility in accordance with established rates unless otherwise provided by written contract.
SERVICE PIPE. A supply pipe including fittings leading from the tap in the distribution main to or into the premises supplied or to be supplied.
TAP or CORPORATION STOP. A fitting owned by the Utility and inserted into the distribution main to which the service pipe is attached.
UTILITY. The City Water Utility, owned by the city, operated and managed by the City Utility Service Board and engaged in furnishing public water in the city and its environs.
(1985 Code, § 36-9-2-14(b)) (Ord. 4-1980, passed 3-18-1980; Am. Ord. 32-2006, passed 9-19-2006)
The rules and regulations under which water service shall be rendered are incorporated by reference into this chapter. Two copies of these rules and regulations shall be filed in the Office of the City Clerk and are available for public inspection in accordance with I.C. 36-1-5. Another copy shall be filed for the convenience of the public in the general office of the Utility.
(1985 Code, § 36-9-2-14(c)) (Ord. 4-1980, passed 3-18-1980; Am. Ord. 32-2006, passed 9-19-2006)
(A) Written application or contract required. A written service application or a properly executed contract will be required from a prospective customer (including a contractor or a builder) before the Utility shall supply service; however, the Utility shall have the right to reject an application for any valid reason. Where unusual construction or equipment expenses will be involved in furnishing the service, the Utility may require the contract to be for an appropriate period of time specified by the Utility when the contract is executed.
(1985 Code, § 36-9-2-14(d))
(B) Modification of contract. No promises, agreements or representations by any agent of the Utility shall be binding upon the Utility unless they have been incorporated in a written contract signed and approved by an agent of the Utility authorized to sign that contract on behalf of the Utility.
(1985 Code, § 36-9-2-14(e))
(C) Assignment of contract. The benefits and obligations under any contract for the supply of water by the Utility shall begin when the Utility commences to supply water service thereunder and shall inure to and be binding upon the successors, assigns, survivors, executor or administrator, as the case may be, of the original parties thereof; provided, that no assignment thereof shall be made by the customer or by any successor, assign, survivor, executor or administrator unless the Utility's written consent to any such assignment is first obtained.
(1985 Code, § 36-9-2-14(f)) (Ord. 4-1980, passed 3-18-1980; Am. Ord. 32-2006, passed 9-19-2006)
The Utility may require from each applicant for water service a cash deposit equal to the applicant's estimated billing for a period of 90 days or as established by city ordinance against the non-payment of bills for service. However, if the applicant is an owner of real property whose credit is approved by the Utility, the Utility may waive that deposit. If the customer's bill remains unpaid for a period of five days after the date of the final bill or the date of the discontinuance of service, the amount of that bill shall be deducted from the deposit and the balance, if any, will be remitted to the depositor.
(1985 Code, § 36-9-2-14(g)) (Ord. 4-1980, passed 3-18-1980; Am. Ord. 32-2006, passed 9-19-2006)
The Utility shall not be required to make extensions under this chapter unless the customers initially to be served by that extension shall contract to use the service for a period of three years.
(1985 Code, § 36-9-2-14(aa)) (Ord. 4-1980, passed 3-18-1980; Am. Ord. 32-2006, passed 9-19-2006)
SERVICE RULES AND REGULATIONS
(A) Until a contract for water service has been executed and a meter has been installed, water shall not be turned on at any premises by any person except a Water Utility representative. Water service shall not be turned on unless there is at least one adult person present to see that all water outlets on the premises are closed in order to prevent water damage.
(B) No person except an authorized representative of the Utility, a Fire Department or the Street Department shall open, operate or remove the nozzle cap from any fire hydrant to which water is supplied by the Utility.
(C) When water is required to test plumbing before a water contract has been executed and a meter installed, a Water Utility employee shall be called to make the turn-on and turn-off. Any person except a Water Utility employee who makes such turn-on shall be deemed to have committed an ordinance violation.
(1985 Code, § 36-9-2-14(h)) (Ord. 4-1980, passed 3-18-1980; Am. Ord. 32-2006, passed 9-19-2006)
(A) All residential, industrial, and commercial bills shall be rendered monthly. If a bill is not paid on or before the due date, approximately 15 days after the bill is mailed to the customer, indicated on the bill, the customer shall be considered delinquent. Any time thereafter, prior to the payment of the past due bill, the Utility may, after serving notice, discontinue service.
(B) All water charges are incurred by the customer rather than the property. If a customer moves from premises where he or she has been supplied with water service, the customer shall be held responsible for the payment of all bills rendered for the service supplied to those premises unless and until he or she gives proper notice at the office of the Utility that service is to be discontinued at those premises.
(1985 Code, § 36-9-2-14(i)) (Ord. 4-1980, passed 3-18-1980; Am. Ord. 32-2006, passed 9-19-2006)
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