The following regulations, prohibitions and conditions shall be deemed to supplement the bond ordinance and the water and sewer rate ordinance adopted by the city in connection with the aforesaid financing.
(A) All taps and connections to the water mains and sewer of the city shall be made by and/or under the direction and supervision of the manager.
(B) Water service may be discontinued by the manager for any violation of any rule, regulation or condition of service and especially for any of the following reasons:
(1) Misrepresentation in the application or contract as to the property or fixtures to be supplied, or as to additional use of water and/or sewer service, or as to unusual or extraordinary use of sewer facilities;
(2) Failure to report to the city additions to the property or fixtures to be supplied, or of additional use of water and/or sewer service;
(3) Resale or giving away of water;
(4) Waste or misuse of water due to improper or imperfect service pipes and/or failure to keep same in suitable state of repair;
(5) Tampering with meter, meter seal, service or valves, or permitting tampering by others;
(6) Connection, cross-connection or permitting the same, of any separate water supply to premises which receive water from the city; and
(7) Nonpayment of bills.
(C) Any customer desiring to discontinue the water and/or sewer service to his or her premises for any reason must give notice of discontinuance in writing at the City Hall; otherwise, a customer shall remain liable for all water used and water and/or sewer services rendered to the premises by the city unless said notice is received by the city.
(D) Bills and notices relating to the conduct of the business of the city will be mailed to the customer at the address listed on the application unless a change of address has been filed in writing with the city; and the city shall not otherwise be responsible for delivery of any bill or notice nor will the customer be excused from the payment of any bill or any performance required in said notice.
(E) (1) Meters will be read on the fifteenth of each month.
(2) Bills for water and sewer service are due and payable at the City Hall, or to any designated agent, on their date of issue. The past due date shall be the fifteenth day after the date of issue. Bills will be dated and mailed on the first day of each month.
(3) All bills not paid on or before the past due date shall be deemed delinquent, and the city may serve a customer a written final notice of said delinquency, and of the fact that the customer is entitled, upon written request, to a hearing on the question of termination of service. If a delinquent bill is not paid within ten days after the date of the final notice, and if no hearing is requested, or if a hearing is requested and timely held, and the customer’s delinquency is thereby established, the water supply to the customer may be discontinued without further notice; provided, however, if, prior to discontinuance of service, there is delivered to the city, or to its employee empowered to discontinue service, a written certificate signed by a physician, a registered nurse or a public health officer that, in the opinion of the certifier, discontinuance of service will aggravate an existing illness or infirmity on the affected premises, service shall not be discontinued until the affected resident can make other living arrangements or until ten days elapse from the time of the city’s receipt of said certification, whichever occurs first.
(4) If a deadline date falls on a Sunday or legal holiday, the deadline shall not expire until the next succeeding secular day.
(F) Where the water supply to the customer has been discontinued for nonpayment of delinquent bills, a charge as may be specified or revised from time to time in any applicable rate ordinance will be made for reconnection of water service, but the reconnection will not be made until after all delinquent bills and other charges, if any, owed by the customer to the city have been paid.
(G) The Council shall have the right to require that a nominal sum, or any other meter deposit as may be specified or revised from time to time in any applicable rate ordinance, shall be placed on deposit with the city by a customer for the purpose of establishing or maintaining the customer’s credit as assurance for the payment of water by the customer.
(H) All meters shall be installed, renewed and maintained at the expense of the city, and the city reserves the right to determine the size and type of meter used.
(I) Upon written request of any customer, the meter serving said customer shall be tested by the city. The test will be made without charge to the customer if the meter has not been tested within 60 months preceding the requested test; otherwise, a charge of $25 will be made and then only if the test indicates meter accuracy within the limits of 2%. If a meter is inaccurate in excess of 2%, adjustments shall be made for the two preceding months prior to test according to the inaccuracy in excess of 2%.
(J) Where a meter has ceased to register, or meter reading cannot be obtained, the quantity of water consumed will be based upon an average of the prior six months’ consumption, considering the conditions of water service prevailing during the period in which the meter fails to register.
(K) The city shall make all reasonable efforts to eliminate interruption of service, and, when interruptions occur, will endeavor to re-establish service with the shortest possible delay. When the service is interrupted, all consumers affected by the interruption will be notified in advance whenever possible.
(L) The city shall in no event be held responsible for any claim made against it by reason of the breaking of any mains or service pipes, or by reason of any other interruption of the supply of water caused by the failure or breakage of machinery or stoppage for necessary repairs. No person shall be entitled to damages nor for any portion of a payment refunded for any interruption of service which in the opinion of the city may be deemed necessary.
(M) Customers having boilers and/or pressure vessels receiving a supply of water from the city must have a check valve on the water supply line and a vacuum valve on the steam line to prevent collapse in case the water supply from the city is discontinued or interrupted for any reason, with or without notice.
(N) The premises receiving a supply of water, and all service lines, meters and fixtures, including any fixtures within the premises, shall at all reasonable hours be subject to inspection by any duly authorized employees of the city.
(O) Piping on the premises of a customer must be so installed that connections are conveniently located with respect to the city lines and mains. The customer shall provide a place for metering which is unobstructed and accessible at all times. The customer shall furnish and maintain a cutoff valve on his or her side of the meter, and the city will furnish a like valve on its side of the meter.
(P) The customer’s service lines shall be installed and maintained by the customer at his or her own expense in a safe and efficient manner and in accordance with the city’s rules and regulations and with the regulations of the Department of Health.
(Q) If any loss or damage to the property of the city or any accident or other injury to persons or property is caused by or results from the negligence or wrongful action of the customer, member of his or her household, his or her agent or employee, the cost of the necessary repairs or replacements shall be paid by the customer to the city, and any liability otherwise resulting shall be that of the customer.
(R) Water furnished by the city may be used for domestic consumption by the customer, members of the customer’s household and employees only. The customer shall not sell or give the water to any other person.
(S) Each customer shall grant or convey, or shall cause to be granted or conveyed, to the city, a perpetual easement and right-of-way across any property owned or controlled by the customer whenever said easement or right-of-way is necessary for the city water and/or sewer facilities and lines so as to enable the city to furnish service to the customer.
(T) Water for building or construction purposes will be furnished by meter measurement, only after suitable deposit has been made, the minimum deposit being the amount as may be specified from time to time in any applicable rate ordinance; and the amount shall be determined by the city based upon the size of the construction work contemplated; and all water for building or construction purposes, as set forth in the permit, must pass through one and the same meter. Water so supplied shall be discharged through a hose or pipe directly upon the material to be made wet, or into a barrel or other container, and in no case upon the ground or into or through a ditch or trench; and all use of water by any part other than applicant, or use of water for any purpose or upon any premises not so stated or described in the application, must be prevented by the applicant, or water service may be discontinued to the applicant without notice.
(U) Special terms and conditions may be made where water is used by the city or community for public purposes such as fire extinguishment, public parks and the like.
(V) The city will construct extensions to its water and sewer lines to points within its service area, but the city is not required to make any installation unless the customer pays to the city the entire cost of the installation.
(1) All line extensions shall be evidenced by a contract signed by the city and the person advancing funds for said extension, but each contract shall be null and void unless approved by the Farmers Home Administration and other governing bodies.
(2) If refund of the advance is to be made, the following method shall apply: The refund shall be in an amount equal to 20% of the total gross revenue of water sales per year for each service connected to the new extension prescribed in the agreement, for a period not to exceed five years, provided that the aggregate payments do not exceed the total amount deposited.
(3) No refund shall be made from any revenue received from any lines leading up to or beyond the particular line extension covered by contract.
(4) All decisions in connection with the manner of installation of any extension and maintenance thereof shall remain in the exclusive control of the city; the extension shall be the property of the city, and no other person shall have any right, title or interest therein.
(W) The city may refuse service to any person not presently a customer when in the opinion of the city the capacity of the facilities will not permit service.
(X) These rules may be changed or amended.
(Y) Complaints may be made to the manager of the system, whose decision may be appealed to the governing body of the city within ten days; otherwise, the manager’s decision will be final.
(Prior Code, § 51.33) (Ord. 498, passed 5-24-1988) Penalty, see § 50.99