§ 1010.04 METERS.

(a) General. The public water utility, the water system, and connections to the system shall be regulated in accordance with the provisions of this Chapter, any other applicable provisions of the Streets, Utilities & Public Services Code, any other applicable provisions of the Xenia City Code, and any applicable provisions of the Ohio Revised Code, Ohio Administrative Code, Ohio Building Code, Ohio Fire Code, and any applicable federal laws.

(b) Rules and Regulations. The Public Service Director is hereby authorized to promulgate rules and regulations regarding the construction of, and materials used for, water mains, service lines, curb boxes, pipes, hydrants, and other appurtenances or facilities; the use and conditions for use of the City's public water utility and system and connections thereto; and any regulations necessary to carry out the Public Service Director's duties under this Chapter, the Xenia City Code, and any applicable federal or state law, rule, or regulation. Such rules and regulations shall be known as the "Water Utility Rules and Regulations," shall be made available to the public on the City's website and shall be kept up to date.

(Statutory Reference: ORC 743.02)

(c) Use of Public Water Required. The owners of all buildings within the City that are used, or are intended to be used, for human occupancy, employment, recreation or any other purposes and which abut any street, alley, or right-of-way in which there is now located or may in the future be located a public water main, are hereby required, at their expense, to install suitable plumbing facilities therein and to connect such facilities directly with the proper water main, in accordance with the provisions of this Chapter and the Water Utility Rules and Regulations, within ninety (90) days after the date of official notice from the City to do so; provided, however, that such public water main is within three hundred feet (300') of the property line.

(d) Scope. Every person whose premises is served by a connection to the water utility system, will be charged for the use of the City's water utility. The water utility usage charges shall be applied to each and every premises consuming water from the water utility system, and the charges shall be as specified in this Chapter.

(Ord. 63-10; Adopted 02/14/63; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)

§ 1010.02 WATER MAIN INSTALLATIONS AND EXTENSIONS.

(a) Approval.

(1) All water main installations and extensions proposed for connection to the City's water utility that are to be constructed by a person other than the City, when such installation or extension lies completely within the corporate limits of the City, shall require the written approval of the City Engineer and the City Manager.

(2) All water main installations and extensions proposed for connection to the City's water utility that are to be constructed by a person other than the City, when any part of such installation or extension lies outside of the corporate limits of the City, shall require the approval of City Council, by resolution.

(b) Utility Easements. No water main installed or extended shall be connected to the City's water utility nor shall any water service be provided without the person to whom approval for the installation or extension was granted pursuant to division (a) of this section having first obtained and recorded the necessary utility easements for said main installation or extension at the person's own expense. Such utility easements shall be at least fifteen feet (15') in width, unless otherwise approved by the Public Service Director, and the language of such easements shall be approved by the City Law Director before recording.

(c) Size of Mains; Materials. The size of the mains and the materials to be used in all water main construction and extensions now or hereafter proposed shall be as set forth in the Water Utility Rules and Regulations.

(d) Plan Review and Inspection Fee. The party requesting and providing for the main installation or extension will be subject to the payment of a plan review and inspection fee to cover the cost of reviewing the plans of the proposed installation or extension and inspection of the water main installation or extension. The plan review and inspection fee shall be as set forth in the City's Fee Schedule, Appendix A to the City Government Code.

(e) City to Share in Cost of Certain Mains. Upon determination by the City Engineer as to the sizes of water mains necessary to serve a subdivision or undeveloped area, larger mains may be required by the City Engineer in order to adequately supply a subsequently developed area. In such cases, the City shall pay the difference in cost between the sizes necessary for the subdivision or undeveloped area and the City-required larger mains. Where it is necessary to extend a main through an undeveloped area, or an area already served, in order to reach and serve a new subdivision or area to be developed, the City may pay the cost or such portion of the cost of such water main as the City Engineer may determine from the future customer potential thereof; however, in no case above-mentioned shall the City participate in the cost of water mains eight inches (8") in diameter or less, or in the cost of water mains connected to a water system other than that of the City.

(Ord. 63-10. Adopted 02/14/63; Ord.92-27. Adopted 05/28/92; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)

§ 1010.03 TAP-IN FEES.

(a) Tap-ins. No connection shall be made from individual properties to a City water main without payment of the required tap-in fee. Such connections shall be made and constructed in accordance with the provisions of this Chapter and the Water Utility Rules and Regulations.

(b) Tap-In Fees.

(1) Tap-in fees for connection to the City's water utility and inspection fees shall be as set forth in the City's Fee Schedule, Appendix A to the City Government Code.

(2) The fees set for tap-ins shall be based on the size of the required water meter. The inspection fee and any meter fee shall be paid at the same time as the tap-in fee.

(3) Tap-ins that are solely for fire suppression/fire sprinkler systems shall not be charged a tap-in fee, but shall pay an inspection fee.

(4) Tap-ins made by extraterritorial customers shall be at the current tap-in fee plus fifty percent (50%), in addition to the inspection fee and the meter fee.

(5) All fees shall be paid in full before any work is performed.

(c) Waiver of Tap-In Fees for Economic Development. For the purpose of encouraging new commercial and industrial development within the City, the waiver of all or any portion of the tap-in fees required under this section for economic development projects within the City may be granted as follows:

(1) For tap-in fees of $30,000 or less, the City Manager is hereby authorized to approve the waiver of all or any portion of the tap-in fee, by written administrative directive.

(2) For tap-in fees over $30,000, Council may approve the waiver of all or any portion of the tap-in fee, by resolution.

(3) Waiver of a tap-in fee shall not include waiver of the required plan review and inspection fee or meter fee.

(Ord. 80-28. Adopted 05/28/80; Ord. 06/72. Adopted 11/09/06; Ord. 08/04. Adopted 01/10/08; Ord. 12-08; Adopted 03/22/12; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)

§ 1010.04 METERS.

(a) Water Meters Required. All properties that are served by the City's water utility shall be required to have installed upon the outside of the premises a water meter, in a location determined by the Public Service Director, for the purpose of determining the amount of water consumed by the property.

(b) Cost of Meters. A meter fee, which shall include the cost of the meter and cost of installing the meter, shall be paid at the same time as the tap-in fee. For a meter that is being installed without a tap-in fee required, the meter fee shall be paid before water service is provided to the property. The meter fee shall be as set forth in the City's Fee Schedule, Appendix A to the City Government Code.

(c) Testing of Meters. If a customer requests the Public Service Department to test a meter outside of the Department's normal schedule for testing, the customer shall pay a testing fee, as set forth in the City's Fee Schedule, Appendix A to the City Government Code, prior to the test being performed. If the testing reveals a problem or deficiency with the meter, the customer shall be refunded the testing fee, in the form of a credit on the customer's utility billing account, and the customer shall not be charged for replacement of the meter. No refund of the testing fee shall be given if the testing reveals no problems or deficiencies with the meter.

(d) Failure of Meter. If a meter has failed to register the amount of water consumed, the monthly water consumption shall be estimated based on the customer's prior usage during the same month of the preceding year or, if the customer had no prior usage during the same month of the preceding year, by taking an average of the customer's prior usage during the preceding three (3) months or less.

(e) Damaged Meters or Antenna. Where a meter is damaged through the fault of the customer, the customer shall pay a meter replacement fee as set forth in the City's Fee Schedule, Appendix A to the City Government Code. If a meter antenna is damaged, the customer shall pay a replacement fee, as set forth in the City's Fee Schedule, Appendix A to the City Government Code, beginning with the second time the antenna must be replaced.

(f) Prohibitions. All meters installed by the City shall remain the property of the City. No person shall damage, attempt to bypass or bypass, attempt to turn on, or turn on a meter that has been disconnected by the City, or otherwise tamper with any water meter. Any person found to have violated the prohibitions of this division may be charged with criminal damaging. Further, if it is found that the person took or used water when that person had been disconnected by the City, or that the person took or used water by bypassing the meter, or that the person attempted to falsify their water usage by tampering with the meter, such person may also be charged with theft.

(Ord. 63-10. Adopted 02/14/63; Ord. 68-45. Adopted 12/12/68; Ord. 78-29. Adopted 06/22/78; Ord. 93-44. Adopted 08/26/93; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)

§ 1010.05 USAGE RATES AND MINIMUM CONSUMPTION RATES.

(a) Usage Rates and Minimum Consumption Rates. The water usage rate and minimum water consumption rate for all water utility services located within the City, for the purposes of computing the monthly water service charge per customer, shall be as set forth in the City's Fee Schedule, Appendix A to the City Government Code.

(b) Minimum Monthly Charge. A minimum charge based on the water usage rate and minimum water consumption rate shall be billed for any water service which is not ordered discontinued, even though no water service is used.

(1) Beginning January 1, 2026, the water usage rate shall be subject to an annual increase equal to the percentage obtained by averaging the national inflation rates from the United States Labor Department, Bureau of Labor Statistics, for the previous three (3) years. This increase shall be referred to as the Cost of Living Adjustment (COLA). The new water usage rate will be established annually by adding the COLA to the then current water usage rate. The Finance Director is hereby authorized to update the City's Fee Schedule, Appendix A of the City Government Code, to reflect the yearly COLA increase.

(2) The Finance Director may, no later than February 1st, recommend to City Council to waive all or any part of the yearly COLA increase, and such recommendation may be for one year or multiple years. Upon such recommendation by the Finance Director, City Council may, by resolution, waive all or any part of the proposed COLA increase for one year or multiple years.

(3) If City Council takes no action to waive all or any part of the proposed COLA increase, in accordance with division (c)(2) of this section, the yearly COLA increase shall be implemented by the Finance Director no later than March 1st of that year.

(d) Provision of Water Utility Service; Billing. The provision of water utility service to customers and the billing for such service shall be in accordance with the provisions of this Chapter and Chapter 1030.

(e) Other Metered Usage. Water used from the City's water utility that does not discharge into the City's sanitary sewer utility and that is provided through a temporary meter, such as a portable hose bib meter or a hydrant meter, shall be paid at the actual metered usage at the water usage rate set forth in the City's Fee Schedule, Appendix A to the City Government Code, without consideration of the minimum consumption rate. In addition, the user may be required to pay a deposit for the temporary meter and/or a monthly rental fee, as set forth in Chapter 1030.

(f) Unmetered Sprinkler Systems. Customers whose premises have a fire prevention sprinkler system that is unmetered shall pay a monthly fee for such unmetered system, as set forth in the City's Fee Schedule, Appendix A to the City Government Code.

(g) Governmental Entities. The use of the water utility by, or the sale of water to, a federal, state or local governmental entity may be in accordance with rates, conditions and terms as outlined in a written contract executed between the City and the governmental entity when such a contract is required by the City.

(Ord. 80-28. Adopted 05/28/80; Ord. 95/73. Adopted 12/14/95; Ord. 04/20. Adopted 05/13/04; Ord. 06/88. Adopted 12/28/06; Ord. 08/04. Adopted 01/10/08; Ord. 09/86. Adopted 12/29/09; Ord. 12-08. Adopted 03/22/12; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)

§ 1010.06 INSPECTIONS; RIGHT OF ENTRY.

(a) Right of Entry. The employees of the Public Service Department are hereby authorized to enter, at reasonable hours, onto any property, or into any building or structure supplied with water from the City's water utility in order to make inspections of any water meter, or to shut off or turn off any water meter, or to repair, maintain, or replace any water meter or any part of the public water system as may be necessary, or for any other reasonable purpose connected to the City's water utility.

(b) Shut-Off. If the employees of the Public Service Department are improperly denied entry to any property, building or structure when required under division (a) of this section, the water service to that property, building, or structure may be disconnected when, in the opinion of the Public Service Director, such disconnection is necessary for the safety or integrity of the City's water utility. In such circumstances, the customer shall be responsible for the payment of any reconnection fee, as set forth in the City's Fee Schedule, Appendix A to the City Government Code (see fees for Chapter 1030).

(Ord. 63-10. Adopted 02/14/63; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)

§ 1010.07 SHUT-OFFS FOR REPAIRS OR TESTING.

The City shall have the right to shut off service to one or more properties, buildings, or structures when such shut-offs are necessary to make repairs, to conduct testing, or when necessary to assure the safety or integrity of the City's water utility. The City will make every effort to notify affected customers at least twenty-four (24) hours prior to such shut-off, except in the case of emergencies. In no case shall the City be liable to any customer for any accident, damage, or claim that may result from such necessary shut-off.

(Ord. 63-10. Adopted 02/14/63; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)

§ 1010.08 EMERGENCY RESTRICTIONS.

(a) Authority of the City Manager. When, for any reason, the supply of water from the City's water utility is inadequate to meet the demand or projected demand for water, including the maintenance of necessary water reserves and projected reserves necessary for fire suppression activities, as determined by the Fire & EMS Chief, the City Manager may declare, by administrative directive, that the use of water by all users of the City's water utility, for purposes not essential to the health, safety and welfare of the residents of the City, is prohibited or restricted during specified hours and/or days, or for a specified time period, or for a continuing time period until notice is given that such uses are no longer prohibited and/or restricted. Water uses not essential to the health, safety and welfare include, but are not limited to, the watering of lawns and gardens, vehicle washing, manufacturing facilities, cooling facilities, commercial laundries, and commercial vehicle washing facilities. Restrictions shall be placed on any or all nonessential water uses consistent with the severity of the situation, as determined by the City Manager.

(b) Notice. Any prohibitions and/or restrictions declared by the City Manager in accordance with division (a) of this section shall be published on the City's website, any official City social media accounts, and shall be provided to appropriate television and radio stations. Such publication shall constitute official notice to all users of City water. The prohibitions and/or restrictions on water usage shall remain in full force and effect until the prohibitions and/or restrictions are declared lifted by the City Manager. Notice of the lifting of restrictions shall be done by the same methods as notice of their imposition.

(c) Prohibitions. No person, business, industry, or other user of the City's water utility, including extraterritorial customers, shall use water in violation of the prohibitions and/or restrictions established by the City Manager in accordance with this section. Twenty-four (24) hours after notice has been given in accordance with division (b) of this section, the City may terminate water service to any person using water in violation of the published prohibitions and/or restrictions. Such termination may continue until the use is no longer prohibited and/or restricted. The City, including its agents and employees, shall not be liable or responsible for any damage resulting from the termination of water service, nor for any damage due to prohibitions and/or restrictions placed on water usage by the City Manager.

(Ord. 88-81. Adopted 08/11/88; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)

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