Chapter 13.08 WATER SYSTEM

GJMC 13.08.010 through 13.08.060 shall cover an area of all territory for five miles above the point on Kannah Creek, in Mesa County, where the water is diverted by the City from such creek, such point of diversion being located as follows: At a point whence the southwest corner of Section 34, Township 12 South, Range 97 West, sixth principal meridian bears south 20 degrees 47 minutes, west 2,670 feet.

GJMC 13.08.010 through 13.08.060 shall also cover the area within a radius of 500 feet of the settling basin or reservoir of the City on Kannah Creek located near such point of diversion.

(Code 1994 § 38-96; Code 1965 § 31-51)

13.08.020 Kannah Creek – Police power of caretaker.

The person employed by the City as caretaker to look after the water system of the City at Kannah Creek is hereby given, within the area covered by this chapter, the power and authority held and used by a police officer of the City within its corporate limits, and such caretaker shall have the right and power to arrest any person who may violate any provisions of GJMC 13.08.010 through 13.08.060.

(Ord. 3615, 4-7-04. Code 1994 § 38-97; Code 1965 § 31-52)

13.08.030 Kannah Creek – Contamination prohibited.

(a) No person shall construct, keep or maintain a house, tent, barn, stable, cattleyard, chickenyard, feed lot, pigpen or any grounds or premises of whatever kind within the area covered by GJMC 13.08.010 through 13.08.060, the drainage from which is capable of contaminating or rendering the water injurious and unwholesome, upon Kannah Creek or upon the drainage district thereof.

(b) No person within the area covered by GJMC 13.08.010 through 13.08.060 shall allow any offensive or unwholesome or contaminating substance to remain upon the premises in such position that such substance or the drainage therefrom may be carried by natural causes into Kannah Creek.

(Code 1994 § 38-98; Code 1965 §§ 31-53, 31-54)

13.08.040 Kannah Creek – Permit to live or camp near.

The utilities department may require that persons camping or living within the area covered by GJMC 13.08.010 through 13.08.060 first obtain a permit from it or from the caretaker to do so. Such permit shall designate the camping or living place and shall be revocable for cause by the utilities department or the caretaker.

(Code 1994 § 38-99; Code 1965 § 31-55)

13.08.050 Kannah Creek – Disposal of dead animals.

The carcasses of any animals dying within the area of GJMC 13.08.010 through 13.08.060 shall be immediately burned and buried in accordance with the regulations of the United States Forest Service.

(Code 1994 § 38-100; Code 1965 § 31-56)

13.08.060 Kannah Creek – Injuring trees.

No person shall cut or otherwise injure live trees in the area covered by GJMC 13.08.010 through 13.08.060, and no person shall tie horses or other animals to trees having a soft bark which are liable to be injured by such animals.

(Code 1994 § 38-101; Code 1965 § 31-57)

13.08.070 Contractual nature of provisions.

The provisions of this chapter, so far as applicable, shall be considered as a part of the contract between the City and each property owner who is furnished with City water, and each property owner, by using City water and allowing City water to be used, shall be presumed to express his consent to be bound by all the provisions of this chapter, and such other regulations as the City may adopt.

(Code 1994 § 38-102; Code 1965 § 31-1)

13.08.080 Application for service – Liability of owners of premises – Start of billing period.

(a) Application for water service to premises shall be in the name of the owner of the premises. Although the owner may direct that the water bill be sent to another for payment, the owner of property where water is used shall be liable for the payment of rent for all water used thereon in addition to the other utility charges appearing on the water bill. Where application is for new service, charges for water service shall begin when the City is advised that usage has commenced or 120 days after the issuance of the sewer or water permit, whichever is first, unless the applicant can show that no services are being received. Water rental charges include all rates, charges, fees and costs of inspection connected with the water system.

(b) The owner of the premises, as well as the occupant or occupants thereof, shall have 30 days to notify the utility accounting department of any change of building structure and/or use to ensure correct monthly charges. The City will be under no obligation to credit or refund any account beyond expiration of the 30-day notification period.

(Ord. 3615, 4-7-04. Code 1994 § 38-103; Code 1965 § 31-2)

13.08.090 Water rent payable monthly – Charges constitute lien.

All water rent shall be due and payable monthly. All water service and water service availability (see GJMC 13.08.160) charges shall constitute a lien upon any lot, land, building or premises served and if such charges shall not be paid when due, such service may be disconnected by the City without further notice, by shutting off the water supply, and the City Manager may certify the charge to the County Treasurer to be placed upon the tax list for the current year to be collected in the manner other taxes are collected, with 10 percent added to defray the cost of collection and the value of attorney’s fees and court costs plus interest at one percent per month or as amended by resolution of the City Council, and all laws of the State for the assessment and collection of general taxes, including the laws for the sale of property for taxes and redemption of the same, shall apply.

(Ord. 3615, 4-7-04. Code 1994 § 38-104; Code 1965 § 31-3)

13.08.100 New service fee.

Whenever a water service account is created or is changed, a new service fee in the amount established by resolution of the City Council shall be charged for the setting up of the new account.

(Code 1994 § 38-105; Code 1965 § 31-4)

13.08.110 Payment of water rent – Discontinuing service for nonpayment – Delinquency charge.

All water rent shall be payable at the office of the City Treasurer within 45 days following the date of billing, and if not paid within that time shall become delinquent, and the water may be shut off without notice. An additional charge as established by resolution of the City Council shall be made for each notification of delinquency, accomplished by a door hanger or other notice of delinquency placed on the premises.

(Ord. 3615, 4-7-04. Code 1994 § 38-106; Code 1965 § 31-5)

13.08.120 Resumption of services after discontinuance.

Whenever the water shall have been shut off for nonpayment of water rent, or nonpayment of other utility services provided by the City, the water shall not be turned on again until the back water rentals or other utility service charges have been paid, together with an additional charge as established by resolution of the City Council and on file in the City Clerk’s office for the trouble and expense of shutting off and turning on the water for each delinquency.

(Code 1994 § 38-107; Code 1965 § 31-6)

13.08.130 Discontinuing water service at request of consumer.

(a) Any person desirous of discontinuing the use of water must give notice to the utilities department and the utilities department shall turn off the water. No credit will be given for nonusage of water unless the water service has been shut off by the utilities department.

(b) Whenever a water user notifies the utilities department of a desire to have the water shut off at his premises because of vacancy therein, the City shall cause the water to be shut off at such premises at the curb stop box, and a credit shall be given on the books of the City to such water user for such premises for the period of time water is so shut off. No credit shall be given to any water user for vacancy on his premises unless the water shall be shut off as provided in this section.

(Code 1994 § 38-108; Code 1965 § 31-7)

13.08.140 Charge for reading meters for customer turn-off and turn-on requests.

A charge as established by resolution of the City Council and on file in the City Clerk’s office shall be made for the turning off or turning on of water at the request of the customer. If the City, at the request of a customer, turns such customer’s water meter on or off during hours other than from 8:00 a.m. to 5:00 p.m. during a normal business day, such customer shall pay to the City, in addition to all other amounts owing to the City, a sum established by resolution of the City Council and on file in the City Clerk’s office, which amount reflects the cost to the City of overtime wages and equipment costs. Such sum shall be paid in all instances except where the request for the turn-on or the turn-off is as a consequence of a leak in the domestic water service line between the water meter and the point at which the service line enters the dwelling or structure. If the request to turn on or turn off water is as a consequence of a leak or repair within the dwelling or on a sprinkler system, then the charge established by resolution of the City Council shall be imposed. Additionally, upon the third occasion when no one is present at a premises when an appointment has been made for such presence for the turning on or turning off of a water meter, a further charge as established by resolution of the City Council shall be made. The same charge shall be made for each trip to the premises after the third if appointments are not kept.

(Code 1994 § 38-109; Code 1965 § 31-8)

13.08.150 Discontinuing service for violation.

Whenever any provision of this chapter or any term of an agreement by which the City agrees to furnish water is violated by the consumer, the water shall be cut off from the building or place of such violation, although two or more parties may receive water through the same pipe, and shall not be turned on again except by order of the City Manager, and on payment of the expense of shutting it off and turning it on again, and such other terms as the City Council shall determine, and a satisfactory understanding with the party or parties that no further cause of complaint shall arise; and in case of a violation after such understanding, the City Manager shall have the right to declare any payment made for the water by the person committing such violation to be forfeited.

(Ord. 3615, 4-7-04. Code 1994 § 38-110; Code 1965 § 31-11)

13.08.160 Meter rates.

Monthly rates as established by resolution of the City Council and on file in the City Clerk’s office shall apply to all water used and measured by a water meter.

(Code 1994 § 38-111; Code 1965 § 31-12)

13.08.170 Certificate of number of users required – Additional connections.

It shall be the duty of all owners and/or operators of water service lines with more than one user to certify to the utilities department the location thereof and the number of units or users thereon. No additional connections shall be made without application and notice thereof to the utilities department.

(Code 1994 § 38-112; Code 1965 § 31-14)

13.08.180 Charge when meter defective.

When a meter or indicator gets out of order and fails to register correctly, a charge shall be made according to the average quantity of water used in a similar period as shown by the meter when in order.

(Code 1994 § 38-113; Code 1965 § 31-15)

13.08.190 Charge for water sold by the tank.

Water sold by the tank by the City shall be charged for at the rates established by resolution of the City Council and on file in the City Clerk’s office.

(Code 1994 § 38-114; Code 1965 § 31-16)

13.08.200 Meters required – Installation, ownership, maintenance.

(a) All water users shall be required to have a meter. All meters shall be installed, owned and maintained by the City.

(b) Owners of water meters who under previous ordinances of the City were permitted to install and own water meters which were two inches in size or more are required to regularly inspect and maintain those meters. If inspection by the City reveals that the meters are not being properly maintained, the City may cause the meters to be repaired at the expense of the owner of the meter.

(Code 1994 § 38-115; Code 1965 § 31-17)

13.08.210 Unlawfully using water, tampering with facilities.

No person shall use the water from any part of the waterworks without permission having been duly issued therefor, nor shall any person, without lawful authority, open any fire plug, stopcock or valve or other fixture appertaining to such works, nor shall any person shut off or turn on water for any service pipe without lawful authority therefor.

(Code 1994 § 38-116; Code 1965 § 31-18)

13.08.220 Permitting others to use water.

No consumer shall permit the owner or occupant of other premises to use water from the consumer’s service except by special permission from the utilities department.

(Ord. 3615, 4-7-04. Code 1994 § 38-117; Code 1965 § 31-19)

13.08.230 Permits to tap street mains.

For any of the uses specified in this chapter or in the schedule of water rates established by the City Council, an application shall be made to the utilities department for a permit to have tapped the street mains forming a part of the City waterworks. If granted, such permit shall set forth the name of the person for whose benefit such permit shall be granted, the size of the stopcock for discharging the water from the main to the service pipes, and as near as may be the point at which the tapping is to be done, the place to which the water is to be conducted, the situation of the hydrants and the contemplated use of the waters thereby. The utilities department shall keep a record of all such permits in a book kept for that purpose in its office, which record shall set forth the substance of every such permit; provided, that by virtue of such permit no more water shall be used than shall be necessary at the time of placing the service pipes and their fixtures to test the tightness of such pipes and fixtures for the flow of water; provided further, that any other legitimate use than that specified in such permit may be made of such water, the proper permit being obtained therefor.

(Code 1994 § 38-118; Code 1965 § 31-20)

13.08.240 Permits for new connections – Work, materials supplied by City – Stopcocks.

Persons wishing water in buildings and premises not connected with the water mains must get a special permit from the utilities department for each building, residence, business, etc. The utilities department shall, except as approved by the City Manager, in all cases tap the water main and put in the service pipe to a point on the inner side of the curbstone where there shall be a corporation cock and stop box; provided, that if there shall be no sidewalks where such pipes shall be extended, such stopcocks shall be in some conspicuous and accessible place near the premises so supplied with water and on some public highway to be designated by the utilities department. Such stopcocks shall be kept in good condition, so that the utilities department shall be able to shut off the water from service pipes at any time.

(Code 1994 § 38-119; Code 1965 § 31-21)

13.08.250 Requirements for service pipe.

All service pipes laid or constructed in the City for the distribution of water connected with the main in the street and extended to the stop box shall be Type K copper.

(Code 1994 § 38-120; Code 1965 § 31-22)

13.08.260 Exclusive jurisdiction of Water Department over service pipe.

The repairing, laying or construction of service pipes for the distribution of water, connected with the main in the street and extended to the stop box inside the curbline of the street in front of property to be served, shall be performed only by the utilities department of the City, except as authorized by the City Manager.

(Code 1994 § 38-121; Code 1965 § 31-23)

13.08.270 Application for service pipe – Cost of installation.

Service pipes of suitable size will be furnished upon application to the City Manager and the prepayment of the charges therefor as provided in this chapter, and the utilities department shall furnish all labor and materials necessary for such construction, including tapping of mains, installation of brass corporation cocks, brass curbcocks and connections, stop box, and such K copper pipe as may be necessary.

(Code 1994 § 38-122; Code 1965 § 31-24)

13.08.280 Calculating charges for service pipe and connections.

All charges for furnishing and laying service pipe and connections shall be calculated as if the water main were laid in the center of the street in order that a uniform charge may be made to the property abutting on the opposite side.

(Code 1994 § 38-123; Code 1965 § 31-25)

13.08.290 Rates for service pipes.

The rates to be charged for furnishing, constructing and laying service pipes by the utilities department shall be fixed and established by the City Council by resolution. Such rates shall be subject to change by resolution of the Council as it may determine. Time and materials may be charged if expenses exceed the normal charge.

(Code 1994 § 38-124; Code 1965 § 31-26)

13.08.300 Stop boxes.

(a) All stop boxes shall be placed at a point one and one-half feet back from the face of the pavement curb, or if no permanent curb is in place, then at a point one and one-half feet back from proposed location of the face of the curb, which shall be standard for all streets according to the width of such streets, as follows:


Width of street	Width of roadway between curbs
60 feet	30 feet
80 feet	36 feet
100 feet	56 feet

(b) When a street is paved a greater width than the above standard, all stop boxes shall be moved and the pipe extended to conform to the extra width of roadway, and such work shall be performed by and charged to the utilities department.

(Code 1994 § 38-125; Code 1965 § 31-27)

13.08.310 Cost of cutting streets, sidewalks.

Where it becomes necessary to cut a pavement or cement sidewalk in order to install the service pipe and connections, the cost of such cut may be charged to the property owner at cost plus 20 percent for overhead expense.

(Code 1994 § 38-126; Code 1965 § 31-28)

13.08.320 Repair, maintenance of service pipes.

The owner, lessee or agent shall maintain the service pipes from the curb stop if the meter is at the curb, or from the meter if the meter is located between the property line and the curb. It shall be the owner’s duty to keep such pipes in good repair and protected from freezing, and the owner shall be responsible for all damages resulting from leaks or breaks in such service pipes.

(Ord. 3615, 4-7-04. Code 1994 § 38-127; Code 1965 § 31-29)

13.08.330 Defective service pipe to be replaced or repaired.

When the service pipe shall become defective and leak, it shall be reported to the utilities department, which shall make inspection of such pipe, and if the pipe is worn out, the utilities department shall order the service pipe replaced with new pipe. If the pipe is in a generally good condition, the department may permit a licensed plumber to repair the leak.

(Ord. 3615, 4-7-04. Code 1994 § 38-128; Code 1965 § 31-30)

13.08.340 Maintenance and repairs to service pipe.

After service pipe has been laid and constructed, the utilities department shall thereafter maintain and keep in repair all such service pipes between the main and the curbcock, and shall repair or cause to be repaired any cuts or excavations in paved or unpaved streets in laying or repairing such service connections, to the satisfaction of the City Manager.

(Code 1994 § 38-129; Code 1965 § 31-31)

13.08.350 Filling trench after laying service pipe.

After service pipes are laid, in refilling the opening, the earth must be laid in layers of not more than nine inches in depth, and each layer thoroughly tamped or puddled to prevent settlement, and this work, together with the replacing of sidewalks, ballast and paving, must be done so as to leave the street and sidewalk in as good condition as before it was disturbed, and to the satisfaction of the utilities department, which is required to see that such work is done as stated in this section.

(Code 1994 § 38-130; Code 1965 § 31-32)

13.08.360 Time for sprinkling, irrigating.

No person shall use water from the City waterworks system for sprinkling or irrigating except between the hours and at the times which may be from time to time designated by the City Manager, and any person who shall use or cause to be used or permit to be used on their premises, or premises occupied by them, any water as provided in this section, or who shall use or cause to be used or permit to be used any water on their premises occupied by them when prohibited so to do under this section or by the City Manager shall be guilty of a misdemeanor.

(Code 1994 § 38-131; Code 1965 § 31-33)

13.08.370 Wasting water.

The owner or lessee of any premises to which any water shall be conducted from the water mains shall keep all pipes and their fixtures from the curbline to his premises and on such premises in good repair and protected from the frost, and tight, so as to prevent waste of water. Upon any waste resulting from a breakage of such pipes or fixtures, or any imperfection of such pipes or fixtures, the owner or lessee shall forthwith stop such waste of water by repairing the old work or by laying new work. It shall be unlawful to use water so that it is wasted by flowing off lawns and gardens into the street gutters.

(Code 1994 § 38-132; Code 1965 § 31-34)

13.08.380 City’s right of entry – Notice – Correction of defects.

The employees of the utilities department shall be authorized to enter and have free access at all reasonable hours to premises to ascertain the location or condition of all hydrants, pipes or other fixtures attached to the waterworks, and in case they find that water is wasted on account of negligence or for want of repairs, and if such waste is not immediately remedied, the water leading to such premises shall be turned off. It shall be the duty of such employees in case they discover any defect in a private pipe between the meter pit and the structure to give notice in writing to be left at the premises, if occupied, and if not occupied, with the owner or his agent, and if the necessary repairs are not made within 24 hours thereafter the water shall be turned off, and shall not be turned on again until the repairs are made and a sum as established by resolution of the City Council and on file in the City Clerk’s office has been paid to the utilities department to cover the expense of turning the water off and on. The City is responsible for repairs of services between the main pipe and the meter pit.

(Ord. 3615, 4-7-04. Code 1994 § 38-133; Code 1965 § 31-35)

13.08.390 Using water for fire protection.

If the proprietors of manufactories, lumberyards, halls, stores, elevators, warehouses, hotels or public buildings, being regular consumers of water from the waterworks, wish to lay large pipes with hydrant and hose couplings to be used only in the case of fire, they will be permitted to connect with the street mains at their own expense, upon application to the utilities department and under its direction, and will be allowed the use of water for fire purposes only, free of charge, but all such pipes must be provided with a suitable valve which must be sealed by the utilities department, and a stop and waste cock attached at the bottom or inside the building; in case the seal is broken for the extinguishment of fire, the party shall immediately give notice to the utilities department, and in case such seal shall have been broken for any other purpose or use, the party so offending shall be guilty of a misdemeanor. No standpipe will be allowed on premises where the water is taken for other than fire purposes.

(Code 1994 § 38-134; Code 1965 § 31-36)

13.08.400 Unlawfully using water – Tampering with facilities.

(a) It shall be unlawful for any person to use the water from any part of the waterworks system, to open any fire hydrant, stopcock or valve or other fixture appertaining to such waterworks, or to shut off or turn on water for any service pipe without lawful authority or permission having been issued therefor.

(b) No water shall be used from fire hydrants except by the Fire Department or Public Works Department for the purpose of extinguishing fires, street sprinkling, cleaning, washing or testing fire hose or other fire apparatus, or practice and experimental drill and exercise; provided, that the utilities department may let water therefrom whenever necessary for testing the condition of the waterworks, for purifying the water, or for repairing such works. The City will provide specialized fill hydrants separate from the fire systems for public works purposes.

(Code 1994 § 38-135; Code 1965 §§ 19-72, 31-37)

13.08.410 Tampering with, obstructing fire plugs, water facilities.

No person shall, without lawful authority, molest or in any manner tamper with any fire plug, valve or stopcock in any of the streets, alleys or avenues of this City nor in any manner obstruct the same, nor shall any person hitch a horse or other animal thereto at any time.

(Code 1994 § 38-136; Code 1965 § 31-38)

13.08.420 City may shut off water from mains.

The City Council reserves the right to cause the water to be shut off from the street mains when it deems it necessary for repairing the mains or waterworks, making connections or extensions to the mains or waterworks, or for the purpose of cleaning the mains or waterworks.

(Code 1994 § 38-137; Code 1965 § 31-39)

13.08.430 City not liable for interruption of water supply.

No claim shall be made against the City by reason of the breaking of any pipe or service cock, or for any other interruption of the water supply, or by reason of the breaking of any machinery, reservoir, ditch, flume, dam or any other appliances of and to the waterworks or stoppage for necessary repairs.

(Code 1994 § 38-138; Code 1965 § 31-40)