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RULES AND REGULATIONS FOR THE CONDUCT AND OPERATION OF THE WATER SYSTEM
§ 50.060 SHORT TITLE.
   This subchapter shall be known as “Rules and Regulations for the Operation of the Water Department of the City of Union, Oregon” and may be so cited and pleaded.
(Ord. 421, passed 5-30-1990)
§ 50.061 SCOPE.
   The Water Department and all customers receiving services from the Water Department, whether inside or outside the city limits, are bound by these rules and regulations.
(Ord. 421, passed 5-30-1990)
§ 50.062 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.
   ADMINISTRATOR. The person appointed by the City Council to superintend the affairs of the Water Department.
   APPLICANT. The person or persons, firm or corporation, making application for water service from the Water Department under the terms of these regulations.
   CITY. The legally constituted municipal government of the City of Union, Union County, Oregon.
   CITY COUNCIL. The legally-elected group of members composing the City Council, including the Mayor of the City of Union, Oregon.
   CUSTOMER or USER. An applicant who has been accepted under the terms of these regulations and who receives water service from the Water Department.
   CUSTOMER SERVICE LINE. The part of the piping on the customer’s property that connects the service to the customer’s distribution system.
   SERVICE CONNECTION. The part of the water distribution system which connects the meter to the main and normally consists of corporation stop, service pipe, curb stop and box, meter, meter yoke and meter box.
   WATER DEPARTMENT. The Water Department of the City of Union, Oregon.
(Ord. 421, passed 5-30-1990)
§ 50.063 SERVICE AREA.
   The area served by the Water Department shall be all that area included within the corporate limits of the City of Union and other contiguous and neighboring territory as the City Council shall, from time to time, deem necessary to serve.
(Ord. 421, passed 5-30-1990)
§ 50.064 DESCRIPTION OF SERVICE.
   (A)   Supply. The Water Department will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a reasonable pressure and to avoid so far as reasonably possible any shortage or interruption in delivery. The Water Department shall not be liable for damage resulting from the interruption in service or from the lack of service. Temporary suspension of service by the Water Department for improvements and repairs will be necessary occasionally. Whenever possible, and when time permits, all customers affected will be notified prior to shutdowns.
   (B)   Quality. The Water Department will exercise reasonable diligence to supply safe and potable water at all times.
   (C)   Ownership of system. All water mains, valves, fittings, hydrants and other appurtenance, except “customer service lines”, as defined in § 50.067(A), shall be the property of the Water Department.
   (D)   Classes of service. The classes of service shall be “residential”, “commercial”, “standby fire” and “contract”, as further qualified by the number after the class as follows:
      (1)   Inside city limits; and
      (2)   Outside city limits.
         (a)   Residential service. Residential services shall consist of all services for domestic purposes, single-family dwellings, homes and municipal purposes.
         (b)   Commercial service. Commercial services shall consist of those services where water is used for commercial services, such as businesses and multi-family dwellings.
         (c)   Standby fire. Standby fire service shall consist of those services where water is available or used for fire protection only.
         (d)   Contract service. Contract services shall consist of those services for industrial or independent water district purposes under contracts authorized by the City Council.
   (E)   Special contracts. When the applicant’s requirements for water are unusual or large, such as an independent water district, or necessitate considerable special or reserve equipment or capacity, the Water Department, by authorization of the City Council, reserves the right to make a special contract, the provisions of which are different from and have exceptions to the regularly published water rates, rules and regulations. This special contract shall be in writing, signed by the applicant and approved by the City Council and City Attorney and signed by the Mayor and City Recorder of the City of Union.
   (F)   Resale of water. Resale of water shall be permitted only under special contract, in writing, between the City Council and the persons, parties or corporation selling the water.
   (G)   Service preference. In case of shortage of supply, the Water Department reserves the right to give preferences in the matter of furnishing service to customers and interests of the Water Department from the standing of public convenience or necessity. Water service to users outside of the city limits shall at all times be subject to the prior and superior rights of the customers within the city limits.
(Ord. 421, passed 5-30-1990)
§ 50.065 APPLICATION FOR SERVICE.
   (A)   Application form. Each applicant for water service shall sign an application form provided by the Water Department giving the date of application, location of premises to be served, the date applicant desires services to begin, purpose for which service is to be used, the address for mailing of the billings, the class and the size of the meter service and other information as the Water Department may reasonably require. In signing the application, the customer agrees to abide by the rules and regulations of the Water Department. The application is merely a written request for service and does not bind the Water Department to serve.
   (B)   Deposits and establishment of credit. At the time application for service is made, the applicant shall establish his or her credit with the Water Department.
      (1)   Establishment of credit. The credit of the applicant will be deemed established when the applicant makes a cash deposit with the Water Department to secure the payment of bills for service. The deposit shall be a sum equal to the estimated bill for two months’ service but not less than $50.
      (2)   Deposits. At the time the deposit is given to the Water Department, the applicant will be given a receipt for the same. The deposit is not to be considered as a payment on account. In the event the service is discontinued, the deposit will be applied to the closing bill and any amount in excess of the closing bill will be refunded. The Water Department will not pay interest on any deposit.
      (3)   Forfeiture of deposit. If an account becomes delinquent and it is necessary to turn-off the service, the deposit shall be applied to the unpaid balance due. Water service will not be restored to that premises or that customer at different premises until all outstanding bills due the Water Department have been paid and the cash deposit replaced, together with a $10 service charge. In the event a deposit has not been paid in the past, a deposit will be required before water is turned on.
   (C)   Application amendments. Customers desiring a material change in the size, character or extent of equipment or operation which would result in a material change in the amount of water used shall give the Water Department written notice of the change prior to the change and the application for service shall be amended. Customers desiring a change in the size, location or number of services shall fill out an amended application.
(Ord. 421, passed 5-30-1990)
§ 50.066 MAIN EXTENSIONS.
   (A)   Within the city limits. Water main extensions to areas within the city limits not presently served with water shall be installed under procedures to be established by the City Council. Subdividers for newly partitioned properties will assume all costs of main extensions with the approval of the City Council.
   (B)   Outside the city limits. Water mains outside the city limits shall be extended only at the expense of the customers served. The main extensions shall become the property of the Water Department at the time installed. The City Council shall determine the size of the main extensions and all extensions shall be of a suitable material approved by the City Council. Extensions outside the city limits shall be installed by the Water Department or by contractors approved by the Water Department. The installation procedures and materials used shall be in accordance with the city and the State of Oregon standards.
   (C)   Locations of extensions. The Water Department will make water main extensions only on rights-of-way, easements or publicly-owned property. Easements or permits secured for main extensions shall be obtained in the name of the City of Union, along with all rights and title to the main at the time the service is provided to the customers paying for the extension.
(Ord. 421, passed 5-30-1990)
§ 50.067 SERVICES.
   (A)   Definition. The SERVICE CONNECTION shall be that part of the water distribution system which connects the meter to the main and shall normally consist of corporation stop, service pipe, curb stop and box, meter, meter yoke and meter box. The CUSTOMER SERVICE LINE shall be that part of the piping on the customer’s property that connects the service to the customer’s distribution system.
   (B)   Ownership, installation and maintenance. The Water Department shall own, install and maintain all services and installation and maintenance shall only be performed by authorized employees of the Water Department. The customer shall own, install and maintain the customer service line.
   (C)   Service connection charge. At the time the applicant files for service where no service previously existed, or if he or she is filing for a change in service size or location, he or she shall submit with his or her application the service connection charge. This charge shall be in addition to the actual cost to the Water Department for installing the service from the main to, and including, the meter and the meter housing. The service connection charge shall be as determined by the City Council in the current published water rate schedule.
   (D)   Size of service. The Water Department will furnish and install a service of such size and at the locations as the applicant requests, provided the requests are reasonable and that the size requested is one that is listed by the Water Department. The minimum size of service shall be three-fourths inch. The Water Department may refuse to install a service line which is undersized or oversized as determined by a study and report of the Administrator to the City Council.
   (E)   Changes in service size. Permanent changes in the size of the service line requested by the customer shall be paid by the customer on the basis of actual cost to the Water Department for making the change.
   (F)   Length of service. Where the main is in a public right-of-way, the meter will be placed at the right-of-way line nearest the property to be served provided the length of service line does not exceed the width of the right-of-way. Where the main is on an easement of publicly-owned property other than designated rights-of-way, the services shall be installed to the boundary of the easement or public property by the Water Department.
   (G)   Joint service connections. The Water Department may, at its option, serve two or more premises with one connection. On new service connections, the inside diameter of the joint lines shall be sufficient to provide a carrying capacity of not less than the combined capacity of individual service lines of the same size as the meters installed. Service extensions from an existing service to other occupancies or ownerships than that for which the existing service was intended shall not be permitted nor shall separate residences be permitted to receive service through one meter except under special considerations approved by the City Council.
   (H)   Number of service connections on premises. The owner of a single parcel of property may apply for and receive as many services as he or she and his or her tenants may require, provided his or her application or applications meet the requirements of the policies, rules and regulations.
   (I)   Standby fire protection service connections.
      (1)   Purpose. Standby fire protection service connections of two-inch size and larger will be installed only if adequate provisions are made to prevent the use of water from the services for purposes other than fire extinguishing. Sealed fire sprinkler systems with water-operated alarms shall be considered as having the provisions. The Water Department may require that a suitable detector check meter be installed in the standby fire protection service connections, to which hose lines or hydrants are connected. All piping on the customer’s premises shall be installed in accordance with the Plumbing Code of the State of Oregon.
      (2)   Charges for service. Charges for standby fire protection service will be stated in the published water rate schedule. No charge will be made for water used in the standby fire protection services to extinguish accidental fires or for routine testing of the fire protection system. The customers shall pay the full cost of the standby protection service connection, any required detector check meters and any required special water meter installed for the service to the standby connection.
      (3)   Violations of regulations. If water is used from a standby pipe connection service in violation of these regulations, an estimate of the amount used will be computed by the Water Department. The customer shall pay for the water used at the regular rates, including the minimum charge based on the size of the service connection and subsequent bills rendered on the basis of the regular water rates.
   (J)   Fire service connections other than standby. A service having fire protection facilities on the premises and water for other purposes flowing through the same service connection shall be considered as an ordinary service and metered as such. All water used through that service, regardless of its use, will be charged at the regular rates.
   (K)   Temporary service connections. For water service of a temporary nature, applicants shall be required to pay in advance the estimated cost of installation and removal of metering equipment and materials, plus a reasonable depreciation charge for the use of equipment and material furnished by the Water Department. The applicant shall also pay his or her water bill in advance and based on an estimate of the quantity to be used, or he or she shall otherwise establish satisfactory credit.
      (1)   Time limit. Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the Water Department.
      (2)   Charge for water served. Charges for water furnished through a temporary service connection shall be at the established rates set forth in the current water rate schedule.
      (3)   Installation charge and deposits. The applicant for temporary service will be required:
         (a)   To pay the Water Department, in advance, the estimated cost of installing and removing all facilities necessary to furnish each service;
         (b)   To deposit an amount sufficient to cover bills for water during the entire period the temporary service may be used, or to otherwise establish credit approved by the Water Department; and
         (c)   To deposit, with the utility, an amount equal to the value of any equipment loaned by the Water Department to the applicant under the terms of division (K)(4) below.
      (4)   Responsibility for meters and installation. The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the Water Department. If the meter or other facilities are damaged, the cost of making repairs shall be deducted from the deposit fund. If the loaned materials are returned in satisfactory condition and all bills paid, the full amount of the equipment deposit will be returned to the temporary customer at the termination of service.
   (L)   Customer’s plumbing.
      (1)   Plumbing Code. The customer’s plumbing, which shall include the customer’s service line and all plumbing, piping, fixtures and other appurtenances carrying or intended to carry water, sewer or drainage, shall comply with the Plumbing Code of the State of Oregon.
      (2)   Control valves. Customers shall install a suitable control valve in the customer service line as close to the meter as possible, the operation of which will control the entire water supply to the premises served. In the event a customer’s service is discontinued for any reason, a control valve must be installed, if none exists, as provided by this section. It shall be a violation of these rules and regulations for the customer to operate, cause or permit unauthorized operation of the meter stop or any appurtenances on the service connection.
(Ord. 421, passed 5-30-1990) Penalty, see § 50.999
§ 50.068 METERS.
   (A)   Ownership. The Water Department will own and maintain all water meters. The Water Department will not pay rent or any other charge for a meter or other water facilities, including housing and connections on a customer’s premises.
   (B)   Installation. Installation of water meters shall be performed only by authorized employees of the Water Department. All meters shall be sealed by the Water Department at the time of installation, and no seal shall be altered or broken except by one of its authorized employees.
   (C)   The size and type of meter. Applicant may request and receive any size meter regularly stocked or furnished by the Water Department, provided the request is reasonable and further provided that the meter is not greatly oversized or undersized, as determined by the Water Superintendent. The Water Department reserves the right to determine the type of meter to be installed.
   (D)   Location of meters. Meters shall normally be placed at the curb or property lines. The meter will be installed wherever the applicant desires within reason, but the location must be approved by the Water Department. The meters will not be located in driveways or other locations where damage to the meter or its related parts may occur unless protective measures are undertaken.
   (E)   Joint use of meters. The joining of several customers to take advantage of the single minimum charges and large quantity rates shall be prohibited, except under special contract, in writing, with the City Council.
   (F)   Charges.
      (1)   Funds in excess of utility expenses. If revenues received from the imposition of water and sewer rates exceed expenses of the current operation, capital improvement costs and debt service for the water and sewer systems, the excess water and sewer revenues shall be held, respectively in the Water Reserve Fund and Sewer Reserve Fund, and the use of those funds shall be limited to the future maintenance, improvement and debt payment for the water and sewer systems, respectively.
      (2)   Water; residential equivalent unit.
         (a)   Except as provided following the chart below, the number of residential equivalent units (REUs) shall be determined by meter size, as follows:
 
Water Meter Size
Number of REUs
Allowable Consumption Included in Base Rate (Cubic Feet)
Base Water Rate Per Month
Base Sewer Rate Per Month
¾-inch
1
0
$33
$50
1-inch
2
0
$75
$100
1½-inch
4
0
$150
$200
2-inch
8
0
$250
$400
3-inch
16
0
$400
$800
 
         (b)   The number of residential equivalent units (REUs) for duplexes, triplexes, manufactured dwelling parks, multi-family dwelling and businesses with apartment where two or more dwelling units are served by a single meter, shall be the sum of the dwelling units served by that meter, irrespective of meter size.
      (3)   Water rates.
         (a)   All dwellings (REUs) using water from the City of Union will be required to have a three-fourths inch meter (or larger if required by special circumstances e.g., fire suppression system). The base rate water for residential service shall be $33 per month per residential equivalent unit (REU) as defined in this section, which base rate does not include charges for water usage.
         (b)    In addition to the base fee set forth in division (F)(3)(a), the first 1,000 cubic feet of water used per billing cycle shall be subject to a charge of $0.005 per cubic foot. Thereafter, water usage in excess of 1,000 cubic feet shall be charged at the rate of $0.0125 per cubic foot, except during the time frame from June 1 to October 1, during which time the first 2,000 cubic feet of water usage per billing cycle shall be charged $0.005 per cubic foot, and shall be charged $0.0125 per cubic foot used thereafter.
      (4)   Sewer rates.
         (a)   The residential equivalent unit (REU) for sewer is 725 cubic feet of effluent. Each additional REU used, such as by heavy industrial or commercial laundry use, for example, will be multiples of the REU rate similar to the water chart (division (F)(2)(a) above).
         (b)   The base rate for sewer service from the City of Union shall be $50 per month per residential equivalent unit (REU).
         (c)   Hotels, motels and RV parks will be charged one base rate for the business and pro-rated one-thirtieth per use day of rooms or hookups.
      (5)   Rates following disconnection.
         (a)   When water service to a lot, parcel, or unit has been disconnected, the account shall no longer be subject to the base rate, or to any maintenance or usage charges. Users disconnecting services will be responsible only for paying a disconnect fee (turn off) and for any water usage that has occurred since the last meter reading.
         (b)   Water or sewer service shall not be resumed without authorization from the City of Union, and the payment of any fees that may be due and owing, including a fee for resumption of service or re-connection.
         (c)   Any property with water and sewer services that has been disconnected for a period greater than or equal to three years, shall pay system development charges, if any such charges are enacted in the interim, to reconnect service to the system.
      (6)   Rates: use of water no sewer or sewer no water.
         (a)   Those accounts receiving city water service but no sewer service will pay the amounts owed for water service as set forth in division (F)(3) above.
         (b)   Those accounts receiving city sewer service will pay full rates for sewer service.
      (7)   Adjustments. For the purposes of this section, a 0% - 3.0% increase in the above rates in divisions (F)(3), (4), (5) and (6) above will be made yearly to keep the water and sewer rates current with the increased cost of living.
         (a)   A 1.5% increase will automatically go into effect on April 1 annually should Council fail to address the rates as set forth in division (F)(7)(b) below.
         (b)   The City Council shall review the current rate annually in January (but no later than March) and may increase rates as determined to be appropriate, but not to exceed 3.0%.
         (c)   In the event of an EMERGENCY, defined as a major loss to the water or sewer system, the need to respond to an unfunded mandate of the state or the federal government, an act of God, terrorism or vandalism, Council may adjust the rates appropriately.
         (d)   The City Council is further authorized to decrease sewer rates, water rates, or both, in the event the Council determines that such decrease will not reduce the current acceptable level of services.
         (e)   Notwithstanding the foregoing, or any provision of any ordinance of the City of Union, the City Council is hereby authorized to set or amend all water and sewer rates, and system development charges, by resolution.
      (8)   Special circumstances and requirements. For any utility rates not expressly provided for in this section, including, but not limited to, utility hookup charges, standby fire rates and contract rates, the City Council retains the authority to set rates by resolution.
   (G)   Effective date of metered rates. The rates herein provided to be paid and collected shall be effective for all collection periods beginning on and after the date on which the City Council, by resolution, established the beginning of metered charges.
(Ord. 421, passed 5-30-1990; Ord. 508, passed 6-28-2007; Ord. 545, passed 11-10-2014; Ord. 563, passed 9-13-2021)
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