TITLE 7
UTILITIES
UTILITIES
CHAPTER 1
WATER USE AND SERVICE
WATER USE AND SERVICE
SECTION:
7-1-1: Water Department And System
7-1-2: Nonowner Applicants
7-1-3: Rates And Fees; Delinquency
7-1-4: Regulations And Requirements
7-1-5: Scarcity Of Water
7-1-6: Waste Of Water
7-1-7: Water Meters
7-1-8: Fire Hydrants
7-1-9: Installation Of Water Lines
7-1-10: Extension Of Water Mains
7-1-11: Discontinuance Of Service
7-1-12: Nonliability For Damages
7-1-13: Service Outside City
7-1-14: Time Of Day Watering
A. Created: The water department of the city is hereby created. It shall administer the operation and maintenance of the water system of the city. (1989 Code § 14-110)
B. Superintendent:
1. Created: There is hereby created the position of superintendent of the water department. (1989 Code § 14-111)
2. Duties:
a. The superintendent of the water system shall manage and supervise the city water system pursuant to the provisions of this chapter and pursuant to resolutions, rules and regulations adopted by the governing body from time to time prescribing his powers and duties and directing the manner and frequency with which he shall make reports to the public works director relating to the water system. All of the functions and activities of the superintendent shall be carried on under the direction of the public works director. (1989 Code § 14-112; amd. 2007 Code)
b. After review by the public works director, the superintendent shall have the responsibility to establish policies, rules and regulations that are not inconsistent with this chapter that he feels are necessary to protect the integrity of the system and to govern its operation. (1989 Code § 14-113; amd. 2007 Code)
Application for water service must be made by the tenant desiring service on forms provided by the city. The monthly water bill for said service will be automatically mailed to the owner of the premises or his duly authorized agent; however, the owner may choose to have the monthly bill sent directly to the tenant, in which case the owner shall sign a statement guaranteeing payment of said bill. The statement shall be in substantially the following form:
In consideration of the acceptance of the application for water service submitted by (tenant), I will pay for all water services for any such tenant or any other occupant of premises in case such tenant or occupant shall fail to pay for the same according to the ordinances, rules, regulations or resolutions enacted by the city.
Dated this day of 20 .
Owner
(1989 Code § 14-116)
A. Generally: The rates, penalty fee for delinquency in payment, connection fee, inspection fee and other charges incidental to connection and services from the city water system shall be fixed from time to time by resolution enacted by the governing body. The governing body may from time to time promulgate rules for levying, billing guaranteeing and collecting charges for water services and all other rules necessary for the management and control of the water system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established. (1989 Code § 14-117; amd. 2007 Code)
B. Special Rates: The governing body may from time to time fix by agreement or resolution special rates and conditions for users using exceptionally large amounts of water service or making use of the water system under exceptional circumstances, upon such terms and conditions as they may deem proper. (1989 Code § 14-118)
C. Board Of Equalization: The governing body is hereby constituted a board of equalization of water rates to hear complaints and make corrections of any assessments deemed to be illegal, unequal or unjust. They may, if they see fit, rebate all or any part of the water bill of any indigent person. (1989 Code § 14-119)
D. Culinary Water Rates:
1. Definitions: The following words and phrases used in this subsection shall have the following meanings unless a different meaning clearly appears from the context:
DROUGHT MANAGEMENT PLAN STAGING: The four (4) stage drought management plan, as defined and adopted in ordinance 2002-09, and as amended from time to time, referred to herein as the "drought management plan ordinance".
EQUIVALENT RESIDENTIAL UNIT OR ERU: The equivalent of fifteen thousand (15,000) gallons per month of metered water usage.
2. Water Rates:
a. Minimum Amount Per Month Fee/Base Rate: Seventeen dollars fifty cents ($17.50) per ERU.
Base Rate Structure | |
Base rate | $17.50/ERU |
Includes | 0 gallons |
b. Water Usage/Overage Fee: Water usage rates for usage shall be in accordance with the following table and in accordance with the drought management plan stage in effect at the time of billing:
Overage Steps | Cost/1,000 Gallons | |||
Stage 1 | Stage 2 | Stage 3 | Stage 4 | |
Overage Steps | Cost/1,000 Gallons | |||
Stage 1 | Stage 2 | Stage 3 | Stage 4 | |
0 – 4,999 | $0.90 | $0.99 | $1.13 | $1.35 |
5,000 – 9,999 | 1.00 | 1.10 | 1.25 | 1.50 |
10,000 – 14,999 | 1.10 | 1.21 | 1.38 | 1.65 |
15,000 – 19,999 | 1.20 | 1.32 | 1.50 | 1.80 |
20,000 – 24,999 | 1.30 | 1.43 | 1.63 | 1.95 |
25,000 – 29,999 | 1.40 | 1.54 | 1.75 | 2.10 |
30,000 – 34,999 | 1.55 | 1.71 | 1.94 | 2.33 |
35,000 – 39,999 | 1.70 | 1.87 | 2.13 | 2.55 |
40,000 and over | 1.85 | 2.04 | 2.31 | 2.78 |
c. Drought Management Plan Staging Schedule Fee: The usage/overage fee schedule to be used shall be based upon the then effective drought management plan stage as found in the drought management plan ordinance. The following is a summary of the four (4) stages of the drought management plan ordinance:
Drought Management Plan Staging | ||
Stage | Rate Increase | Description |
1 | – | Normal usage/normal rate |
2 | 10 percent | Reduction goal is 5–10 percent of peak use |
3 | 25 percent | Reduction goal is 10–25 percent of peak use |
4 | 50 percent | Reduction goal is 25–60 percent of peak use |
d. Yearly Adjustment Review: The culinary water rates are to be reviewed and adjusted annually based on the consumer price index.
3. Drought Management Staging Plan: The drought management plan ordinance, as amended from time to time, is incorporated into this chapter by reference and the four (4) stages of water availability/scarcity as referred to therein is incorporated herein by reference. (Ord. 2007-03, 1-24-2007)
E. Delinquency; Discontinuance Of Service:
1. The city treasurer or utilities superintendent shall furnish to each user, or mail to, or leave at his place of residence or usual place of business, a written or printed statement stating thereon the amount of water service charges assessed against him once each month or at such other regular interval as the governing body shall direct.
2. The statement shall specify the amount of the bill for the water service and the place of payment and date due. If any person fails to pay the water charges within thirty (30) days of the date due, the city treasurer or utilities superintendent shall give the customer notice in writing of intent to discontinue the service to the customer unless the customer pays the bill in full within five (5) days from the date of notice.
3. All charges for water shall be paid for monthly by the customer. Any customer failing, neglecting or refusing to pay such charges by the twentieth day of the month shall be assessed a five percent (5%) penalty on the unpaid balance. Customers whose accounts are delinquent in excess of thirty (30) days shall also be subject to having their water turned off by the department. (1989 Code § 14-121; amd. 2007 Code)
F. Restoration Fee: In all cases of nonpayment where water is turned off by the city, a fee of fifty dollars ($50.00) will be charged to restore water service to the affected property.
G. Relocating Or Capping Fee: In case of building being demolished or moved, a fee of fifty dollars ($50.00) will be charged for relocating and/or capping water line. Any additional costs incurred by the city as the result of above mentioned relocating or capping, shall be assessed to property owner at cost.
H. Notice Requirements: Forty eight (48) hours' notice will be required for all turn off or turn on service.
I. Unpaid Obligations: In the event that there is an unpaid obligation for utilities (water, sewer and/or solid waste) at any residence or business and a request or application is made to the city to change the responsible party or to reconnect a disconnected water line, the city shall not change the responsible party nor shall the city connect the water line until an amount is paid to the city equal to five hundred dollars ($500.00) or the amount of the unpaid obligation, whichever is less, plus an application fee of fifteen dollars ($15.00). (1989 Code § 14-155)
A. Use Without Payment Prohibited: It shall be unlawful for any person by himself, family, servants or agents to utilize the city water or sewer system without paying therefor as herein provided or, without authority, to open any fire hydrant, stopcock, valve or other fixtures attached to the system of water supply unless it is done pursuant to proper application, agreement or resolution. It shall be unlawful to injure, deface or impair any part or appurtenance of the water or sewer system, or to cast anything into any reservoir or tank belonging to the water system. (1989 Code § 14-120)
B. Turning On Water After Being Turned Off Prohibited: It shall be unlawful for any person, after the water has been turned off from the premises for nonpayment of water charges or other violation of the ordinances, rules, regulations or resolutions pertaining to the water supply, to turn on or allow the water to be turned on or used without authority from the water superintendent or city recorder. (1989 Code § 14-122)
C. Separate Connections: It shall be unlawful for two (2) or more families or service users to be supplied from the same service pipe, connection or water meter unless special permission for such combination usage has been granted by the governing body and the premises served are owned by the same owner. In all such cases, a failure on the part of any one of the users to comply with this subsection shall warrant a withholding of a supply of water through the service connections until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the city for all water services utilized on all such premises. Nothing herein shall be deemed to preclude the power of the city to require separate pipes, connections or meters at a subsequent time. (1989 Code § 14-123)
D. Unauthorized Users: It shall be unlawful for any water service user to permit any person from other premises or any unauthorized person to use or obtain water services regularly from his premises or water facilities, either outside or inside his premises. (1989 Code § 14-124)
E. Period For Visitors: Individuals visiting the premises of an authorized user in a recreational vehicle, not including a mobile home, and continuing to live therein during the period of visitation may receive water service from the service pipes or facilities of the host during the visitation period which shall not exceed three (3) months. Continued use thereafter shall be deemed unauthorized and violative of the provisions of this section relating to separate connections and unauthorized use. (1989 Code § 14-125)
F. Pipes To Be Kept In Good Repair: All users of water services shall keep their service pipes and connections and other apparatus in good repair and protected from frost at their own expense. No person, except under the direction of the water superintendent, shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe. (1989 Code § 14-126)
G. Quality Of Service Pipe:
1. All service and other pipe used in conjunction with the water services of the city shall be of such material, quality and specifications as the governing body may from time to time by resolution provide, and shall be installed at such distances belowground as may be specified by regulations relating to the water department. All work, alterations or extensions affecting water pipes shall be subject to the acceptance of the water superintendent, and no connections with any water mains shall be made without first obtaining a permit therefor from the public works director.
2. No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without permission from the water superintendent and subject to such requirements relating to controls as may be imposed by him. (1989 Code § 14-127; amd. 2007 Code)
H. Faulty Equipment: It shall be unlawful for any water user to:
1. Waste water.
2. Allow it to be wasted by stops, taps, valves, leaky joints or pipes, or to allow tanks or watering troughs to leak or overflow.
3. Wastefully run water from hydrants, faucets or stops, or through basins, water closets, urinals, sinks or other apparatus.
4. Use the water for purposes other than for those which he has applied, or to use water in violation of the rules and regulations for controlling the water supply. (1989 Code § 14-128)
I. Sprinkling Vehicles: Vehicles for sprinkling shall be regulated and controlled by the water department, through the superintendent of the water department. (1989 Code § 14-129)
J. Department To Have Free Access: The water superintendent and his agents shall at all ordinary hours have free access to any place supplied with water services from the city system for the purpose of examining the apparatus and ascertaining the amount of water service being used and the manner of its use. (1989 Code § 14-130)
K. Water Not Supplied For Motors, Syphons, Etc.: No water shall be supplied from the pipes of the city water system for the purpose of driving motor, syphon, turbine or other wheels, or any hydraulic engines or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose, except by special permission of the governing body. (1989 Code § 14-132)
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