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The city and its employees and the State Environmental Protection Agency shall have ready access at all reasonable times to the premises, places, or buildings where water service is supplied for the purpose of inspecting, examining, and testing the consumption, use, and flow of water; and it shall be unlawful for any person to interfere with, prevent, or obstruct the city or its duly authorized agent or the State Environmental Protection Agency in its duties hereunder. Every user of the system shall take the same upon the conditions prescribed in this section.
(Ord. -, passed 7-27-1998) Penalty, see § 51.999
(A) The City Water Department employees and other duly authorized employees of the city and the State Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The city or its representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper, or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewer or waterway or facilities for waste treatment.
(B) While performing the necessary work on private properties referred to above in division (A) of this section, the City Water Department or duly authorized employees of the city and the State Environmental Protection Agency shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain conditions.
(C) The City Water Department and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the waterworks lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. -, passed 7-27-1998) Penalty, see § 51.999
Any person found to be violating any provision of §§ 51.015 et seq., 51.040 et seq., or 51.060 et seq., except § 51.061, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.
(Ord. -, passed 7-27-1998) Penalty, see § 51.999
Any person violating any of the provisions of this chapter shall become liable to the city by reason of that violation.
(Ord. -, passed 7-27-1998) Penalty, see § 51.999
The owner of all residential or commercial properties that are located outside the city limits and used for human occupancy, employment, recreation or other purposes that request to be served by the city’s public water system must annex to the city before water service will be provided. If the property is ineligible to annex, then the property owner must sign an agreement that they will annex to the city. The annexation is to be finalized when the property becomes eligible for annexation. However, the city shall not be required to extend water to the subject property if water is not already available.
(1969 Code. § 27-117)
RATES AND CHARGES
(A) Water service charges. The water service charge for the use of and for service supplied by the water facilities of the city shall consist of a basic user charge, a debt service charge, and a capital improvement charge.
(1) Basic user charge.
(a) The basic user charge is levied on all users to recover the operation, maintenance, and replacement (O, M, & R) costs and shall be based on water use as recorded by water meters.
(b) The basic user charge shall be computed as follows:
1. Estimate the annual water volume;
2. Estimate the projected annual revenue required to operate and maintain the water facilities, including a replacement fund for the year, for all works categories; and
3. Compute costs per 1,000 gallons.
(2) Debt service charge. The debt service charge is computed by apportioning the annual debt service, as a charge per 1,000 gallons.
(3) Capital improvement charge. The capital improvement charge is levied on users to provide for capital improvements, extensions, or reconstruction of the waterworks. The capital improvement charge is computed by apportioning the annual amount to be accrued, as a charge per 1,000 gallons.
(B) Review. The adequacy of the water service charge shall be reviewed, not less often than annually, by certified public accountants for the city in their annual audit report. The water service charge shall be revised periodically to reflect a change in local capital costs or O, M, & R costs.
(C) Measurement of flow. The volume of flow used for computing basic user charges shall be the metered water consumption read to the lowest even increments of 100 gallons.
(1) If the person procures any part, or all, of his or her water from sources other than the public waterworks system, the person shall install and maintain, at his or her expense, water meters of a type approved by the City Water Department for the purpose of determining the volume of water obtained from these other sources.
(2) Devices for measuring the volume of water may be required by the City Water Department if these volumes cannot otherwise be determined from the metered water consumption records.
(3) Metering devices for determining the volume shall be installed, owned, and maintained by the person. Following approval and installation, these meters may not be removed, unless service is canceled, without the consent of the City Water Department.
(D) Schedule of charges. The rates established in this section shall automatically increase by 3% on May 1 of each calendar year unless the Council prior to that date determines that another amount is appropriate.
(1) Basic user charge. There shall be and there is hereby established a basic user charge of $6.7645 per 1,000 gallons of metered water consumption to be applied to all users to recover O, M, & R costs (for flow in excess of 2,000 gallons).
(2) Debt service charge. There shall be and there is hereby established a debt service charge of $6.41 per month to each user of the water facility.
(3) Capital improvement charge. There shall be and there is hereby established a capital improvement charge of $2.14 per month to each user of the water facility.
(4) Minimum charge. A minimum charge of $21.37 per month shall be applied to all users whose water consumption does not exceed 2,000 gallons per month. This minimum charge consists of $12.82 for O, M, & R costs, $6.41 for debt service costs, and $2.14 for capital improvement costs.
(5) Usage rates in excess of 20,000 gallons in a month.
(a) Usage in excess of 20,000 gallons and not more than 100,000 gallons per month will be charged at a rate of $5.7006 per 1,000 gallons. This rate consists of $5.7006 for O, M, & R costs, $0.00 for Debt Service Costs and $0.000 for Capital Improvement Costs.
(b) Usage in excess of 100,000 and not more than 500,000 gallons per month will be charged at a rate of $3.1015 per 1,000 gallons. This rate consists of $3.1015 for O, M, & R costs, $0.00 for Debt Service Costs, and $0.00 for Capital Improvement Costs.
(c) Usage in excess of 500,000 gallons per month will be charged at a rate of $2.1266 per 1,000 gallons. This rate consists of $2.1266 for O, M, & R costs, $0.00 for Debt Service Costs, and $0.00 for Capital Improvement Costs.
(6) Flat rate metering. In the event use of the water facilities is determined by the city to be in excess of 10,000 gallons per month, the city may require the flat rate user to install metering devices on the water supply to measure the amount of service supplied.
(7) Computation of water service charge. The water service charge shall be computed by the following formula:
CW + CC + CD + CM + (Vu - X)CU
Where:
CW = Amount of water service charge ($) per billing period;
CC = Capital improvement charge (division (D)(3));
CD = Debt service charge (division (D)(2));
CM = Minimum charge for operation, maintenance, and replacement (division (D)(4));
Vu = Water volume for the billing period;
X = Allowable consumption in gallons for the minimum charge (division (D)(4)); and
CU = Basic user charge for operation, maintenance, and replacement (division (D)(1)).
(1969 Code, § 27-141) (Ord. -, passed 9-16-1998; Am. Ord. 2004-28, passed 7-12-2004; Am. Ord. 2006-25, passed 7-24-2006; Am. Ord. 2013-5, passed 4-22-2013; Am. Ord. 2014-3, passed 4-28-2014; Am. Ord. 2019-4, passed 4-22-2019; Am. Ord. 2019-16, passed 9-23-2019; Am. Ord. 2022-8, passed 6-13-2022; Am. Ord. 2023-13, passed 6-26-2023) Penalty, see § 51.999
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