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§ 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)
§ 50.069 NOTICES.
   (A)   Notices to customers. Notices from the Water Department to the customer will normally be given in writing and either mailed to or delivered to him or her at his or her last known address. Where conditions warrant and in emergencies, the Water Department may notify either by telephone or messenger.
   (B)   Notices from customers. Notices from the customer to the Water Department may be given by the customer or his or her authorized representative orally or in writing at the office of the Water Department in the City Hall or to an agent of the Water Department duly authorized to receive notices or complaints.
(Ord. 421, passed 5-30-1990)
§ 50.070 BILLING AND PAYMENT.
   (A)   Meter readings. Meters will be read and customers billed on the basis of the meter reading to the nearest cubic foot. The Water Department will keep an accurate account on its books of all readings of meters and the account so kept shall be offered at all times, places and courts as prima facie evidence of the use of water service by the customer.
   (B)   Rendering of bills.
      (1)   Billing period. All meters shall be read and bills rendered therefore monthly, except during winter months as determined by the City Council.
      (2)   Bills for other than normal billing period. Opening or closing bills, or bills that for any other reason cover a period containing 10% more days or 10%less days than in the normal billing period shall be prorated.
      (3)   Bills for more than one meter. All meters supplying a customer’s premises shall be billed separately, except that where the Water Department has for operating purposes installed two or more meters in place of one, the reading may be combined for billing.
   (C)   Disputed bills. When a customer disputes the correctness of a bill, he or she shall deposit the amount of the disputed bill at the time the complaint is lodged, to preclude discontinuance of service pending final settlement of the bill or bills. Subsequent bills shall be paid or placed on deposit in a similar manner. Failure of the customer to make a deposit shall warrant discontinuance of service as provided under division (F) below.
   (D)   Failure to read meters. In the event that it shall be impossible or impractical to read a meter on the regular reading date, the water consumption shall be prorated on the basis of 30 days per month and the total water consumption for billing purposes for that period shall be estimated.
   (E)   Payment of bills. Water bills shall be due and payable when rendered. Any account for which the bill is not paid is full during the month shall be considered delinquent.
   (F)   Delinquent accounts.
      (1)   Past due billing. Any amount due on a delinquent account shall be listed as “Previous Balance” on the next month’s billing statement.
      (2)   Turn-off notice. About a week before the due date, a turn-off notice will be sent to any customer who has not paid the “Previous Balance” listed on the billing statement. The notice shall state a date on which water will be turned off if delinquent account is not paid in full prior thereto.
      (3)   Service turn-off. On the turn-off date, the meter reader or other agent of the City of Union shall deliver a written notice to the customer stating that the water service is being turned off until all current and delinquent amounts have been paid. The meter reader or other agent of the city shall immediately thereafter turn-off the service. A delivery to the premises served by the meter shall be considered a delivery to the customer.
      (4)   Service charge. In all instances where water has been turned off because of delinquent accounts, a $10 service charge shall be made for the restoration of services and replacement of cash deposit as stated in division (F)(2) above, will be required.
   (G)   Installment payments of delinquent accounts. In cases of extreme hardship, the City Recorder shall have the discretion of renewing service to a delinquent account upon receipt of a satisfactory installment plan for the payment of the overdue amount. The plan shall be in writing and the installment period shall not exceed the period of time the account was delinquent.
   (H)   Water charge liens. Water service charges shall be a lien against the premises served from and after the date of billing and entry on the ledger or other records of the city pertaining to its water system, and the ledger, records or other records shall remain accessible for inspection by anyone interested in ascertaining the amount of the charges against the property. Whenever a bill for water service remains unpaid 90 days after it has been rendered, the lien thereby created may be foreclosed in the manner provided for by Oregon Revised Statutes, or in any other manner provided for by law or city ordinance.
(Ord. 421, passed 5-30-1990)
§ 50.071 METER ERROR.
   (A)   Meter accuracy. All meters will be tested prior to installation. No meter will be placed in service or allowed to remain in service which is known to have an error in registration in excess of 2% under conditions of normal operation.
   (B)   Meter test.
      (1)   Standard test. Meter tests will be conducted in accordance with standards of practice established by the American Water Works Association.
      (2)   On customer request. A customer may, giving not less than seven days’ notice, request the Water Department to test the meter servicing his or her premises. The Water Department will require the customer to deposit the testing fee. This fee shall be $10 for meters three-fourths inch and smaller, and for meters larger than three-fourths inch shall be an estimate of the cost of testing the meter as determined by the Water Superintendent. The deposit will be returned to the customer if the test reveals the meter to over-register more than 2% under the standard test conditions; otherwise, the deposit shall be retained by the Water Department. Customers may, at their option, witness any meter tests which they request.
      (3)   On Water Department request. If, upon comparison with past water usage, it appears that a meter is not registering properly, the Water Department may, at its option, test the meter and adjust the charges accordingly if the meter either over-registers or under-registers. No charge for meter testing will be made to the customer for the meter test under these conditions.
   (C)   Adjustments of bill for meter error.
      (1)   No credits or debits. No credits or debits will be borne by the city or the customer should the tested meter show variance high or low, from the accuracy defined in § 50.072(A).
      (2)   Non-registering meters. The Water Department will bill the customer for water consumed while the meter was not registering. The bill will be computed upon an estimate of consumption based either upon the customer’s prior use during the same season of the year, or upon a reasonable comparison with the use of other customers receiving the same class of service during the same season and under similar circumstances and conditions.
(Ord. 421, passed 5-30-1990) Penalty, see § 50.999
§ 50.072 DISCONTINUANCE OF SERVICE.
   (A)   On customer request. Each customer about to vacate any premises supplied with water service by the Water Department shall give the Water Department written notice of his or her intentions at least two days prior thereto, specifying the date service is to be discontinued; otherwise, he or she will be responsible for all water supplied to the premises until the Water Department shall receive notice of the removal. At the time specified by the customer that he or she expects to vacate the premises where service is supplied or that he or she desires to be discontinued, the meter will be read and a bill rendered which is payable immediately. In no case will the bill be less than the monthly minimum specified in the schedule applying to the class or classes of service furnished.
   (B)   Nonpayment of bills. A customer’s water service may be discontinued if the water bill is not paid in accordance with the procedures listed in § 50.071.
   (C)   Nonpayment of sewer service charges. The charges for sewer service are authorized by Chapter 51 and set by resolution of the City Council. If the sewer service charges are not paid when due by any person, firm or corporation whose premises are served or who are subject to the charges herein provided, water service provided to that customer by the City of Union Water Department may be discontinued because of the default in the payment of the sewer service charges. As an additional alternative method, if the rates and charges are not paid when due by any person, firm or corporation, the amounts so unpaid may be certified by the City Recorder to the County Assessor of Union County, Oregon, and shall be by him or her assessed against the premises served as provided by law and shall be collected and paid over to the city in the same manner as other taxes are assessed, collected and paid over, with interest. Interest on unpaid bills shall run from the due date thereof at a rate to be set by resolution of the City Council. The unpaid charges may also be recovered in an action at law in the name of the city, with interest as aforesaid.
   (D)   Improper customer facilities.
      (1)   Unsafe facilities. The Water Department may refuse to furnish water and may discontinue services to any premises without prior notice where plumbing facilities, appliances or equipment using water are dangerous, unsafe or not in conformity with the Plumbing Code of the State of Oregon.
      (2)   Cross-connections. A cross-connection is defined as any physical connection between the Water Department’s system and another water supply. The Oregon State Health Division and the U.S. Environmental Protection Agency prohibit cross-connections. The Water Department will not permit any cross-connection and will discontinue service to any persons or premises where a cross-connection exists. Service will not be restored until the cross-connection is eliminated. Customers using water from one or more sources in addition to receiving water from the Water Department on the same premises shall maintain separate systems for each; and the Water Department’s water supply facilities shall be separated from any and all other systems by an air gap of not less than one foot, or if in the ground, by not less than five feet.
   (E)   Water waste. Where water is wastefully or negligently used on a customer’s premises, seriously affecting the general service, the Water Department may discontinue service if the conditions are not corrected after due notice by the Water Department.
   (F)   Service detrimental to others. The Water Department may refuse to furnish water and may discontinue service to any premises where excessive demands by one customer will result in inadequate service to others.
   (G)   Fraud or abuse. The Water Department will refuse or discontinue service to any premises where it is deemed necessary to protect the Water Department from fraud or abuse. Discontinuance of service from one or both of these causes will be made immediately upon receipt of knowledge by the Water Department that the condition or conditions exist.
   (H)   Unauthorized turn-on. Where water service has been discontinued for any reason and the water is turned on by the customer or other unauthorized person, the water may then be shut off at the main or the meter removed. The charges for shutting off the water at the main or removing the meter shall be computed at actual cost to the Water Department plus 15% overhead, but not less than $75. These charges shall be billed to the offending customer and water shall not be furnished to the premises or customer until the charges are paid and the Water Department had reasonable assurance that the violation will not reoccur.
   (I)   Noncompliance with regulations. The Water Department may, upon five days’ notice, discontinue service to a customer’s premises for failure to comply with any of the provisions of these regulations.
(Ord. 421, passed 5-30-1990)
§ 50.073 RESTORATION OF SERVICE.
   (A)   Restoration of service after discontinuance for nonpayment of bills shall be made after payment of current and past due charges, plus $10 for restoration charge and posting a deposit as hereinbefore provided.
   (B)   Restoration of service after discontinuance of service for unsafe facilities, water waste, fraud, abuse or for noncompliance with any of the policies, rules and regulations will only be made after the irregularity has been corrected and the Water Department has been assured that the irregularity will not reoccur. The restoration charge shall be $50 plus any other charges due or past due that the Water Department may have incurred to correct the irregularity.
(Ord. 421, passed 5-30-1990)
§ 50.074 UNUSUAL DEMANDS.
   (A)   When an abnormally large quantity of water is desired for filling a swimming pool, log pond or for other purposes, arrangements must be made with the Water Department prior to taking the water.
   (B)   Permission to take water in unusual quantities will be given only if the Water Department facilities and other consumers are not inconvenienced.
(Ord. 421, passed 5-30-1990)
§ 50.075 ACCESS TO PROPERTY.
   (A)   All duly appointed employees of the Water Department, under the direction of the City Administrator, shall have free access at all reasonable hours of the day to any and all parts of structures and premises in which water is or may be delivered for the purposes of inspecting connections, the conditions of conduits and fixtures, and the manner and extent in which the water is being used. The Water Department does not, however, assume the duty of inspecting the customer’s line, plumbing and equipment and shall not be responsible therefore.
   (B)   It shall be the responsibility of the customer to ensure that Water Department personnel have access to the meter at the customer’s premises for determining consumption and billing. In the event that a meter cannot be read because it has been blocked by a parked vehicle, covered with dirt or debris, or otherwise rendered inaccessible by the customer, making it necessary for Water Department personnel to make a special trip to attempt to read the meter, the customer shall be assessed an additional charge for the additional service. The amount of the charge shall be determined by resolution of the City Council.
(Ord. 421, passed 5-30-1990; Ord. 495, passed 4-11-2005)
§ 50.076 RESPONSIBILITY FOR EQUIPMENT.
   (A)   Responsibility for customer equipment. The Water Department shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer’s line, plumbing or equipment, nor shall the Water Department be liable for loss or damage due to interruption of service or temporary changes in pressure. The customer shall be responsible for valves on his or her premises being turned off when the water service is turned on.
   (B)   Responsibility for Water Department equipment. Water Department equipment on the customer’s premises remains the property of the Department and may be repaired, replaced or removed by the Department employees at any time without consent of the customer. No payment will be made to the property owner for the right to install, maintain, replace or removed Water Department equipment on his or her premises. The property owner must keep vicious dogs or other animals secured or confined to avoid interference with the utility operation and maintenance.
   (C)   Damage to Water Department equipment. The customer shall be liable for any damage to equipment owned by the Water Department which is caused by an act of the customer, his or her tenants, agents, employees, contractors, licensees or permittees. Damage to equipment shall include but not be limited to breaking of seals and locks, tampering with meters, injury to meters, including but not limited to damages by hot water or steam, and damaged meter boxes, curb stops, meter stops and other appurtenances.
(Ord. 421, passed 5-30-1990)
§ 50.077 FIRE HYDRANTS.
   (A)   Operation. No person or persons other than those designated and authorized by the Water Department shall open any fire hydrant belonging to the Water Department, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this regulation will be prosecuted according to law. No tool other than special hydrant wrenches shall be used to operate a hydrant valve. In cases where a temporary service has been granted and received water through a fire hydrant, an auxiliary external valve will be provided to control the flow of water.
   (B)   Moving a fire hydrant. When a fire hydrant has been installed in the locations specified by the proper authority, the Water Department has fulfilled its obligation. If a property owner or other party desires to change the size, type or location of the hydrant, he or she shall bear all costs of the changes. Any changes in the location of a fire hydrant must be approved by the Water Department and the Fire Department.
(Ord. 421, passed 5-30-1990)
§ 50.078 SUSPENSION OF RULES.
   No employee of the Water Department is authorized to suspend or alter any of the policies, rules and regulations cited herein without specific approval or direction of the City Council, except in cases of emergency involving loss of life or property or in circumstances which would place the water system operation in jeopardy.
(Ord. 421, passed 5-30-1990)
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