Chapter 13.04
WATER SERVICE
Sections:
13.04.010 Statement of policy.
13.04.020 Definitions.
13.04.030 Initiation and discontinuation of water service.
13.04.040 Limit of city’s responsibility to furnish water.
13.04.050 Payment for previous service required prior to acceptance of application for service.
13.04.060 Repealed.
13.04.070 Service installation.
13.04.080 Charges for new service.
13.04.090 Repealed.
13.04.100 Main extensions.
13.04.120 Multiple units.
13.04.130 Retirement or removal of meter.
13.04.140 Bills—Payment.
13.04.150 Rates for service.
13.04.160 Computation of bimonthly billings.
13.04.170 Meter errors.
13.04.180 Discontinuance of service.
13.04.190 Responsibility for equipment.
13.04.200 Installation of control valves required.
13.04.210 Customers duty to protect against danger of cross-connections.
13.04.220 Interruptions in service.
13.04.230 Utilities division ingress and egress rights.
13.04.240 Temporary service—Regulations.
13.04.250 Temporary service—Rates.
13.04.260 Fire hydrants.
13.04.270 Water service for fire protection.
13.04.280 Private fire protection service connections—Application—Charges—Ownership.
13.04.290 Private fire protection service—Monthly rates.
13.04.300 Violations deemed misdemeanor.
13.04.010 Statement of policy.
The city will furnish water service in accordance with the regulations contained in this chapter and in accordance with other applicable ordinances to any property within the corporate limits and to such areas outside the city limits as the council may designate.
In all such cases water shall be supplied only through water meters installed as set forth in this chapter and in each case the customer shall be charged directly for all water passing through the meter, irrespective of the number of users of the water subsequent to its passage through the meter.
Applications for service to premises for which a service connection has already been installed may be made as set forth in this chapter. Such application will signify the customer’s willingness and intention to comply with these regulations and to all modifications thereof, and to new regulations or rates duly adopted, and to make payment for water service rendered. Service will be started and discontinued without charge and a deposit may be required to establish credit for regular service.
If application is made for service to property where no service connection has been installed, but a distribution main is adjacent to the property the applicant, in addition to making application for service, shall comply with the regulations governing the installation of services. Where an extension of the distribution mains is necessary or a substantial investment is required to furnish service, the applicant will be informed by the utilities department as to whether or not the service can be extended under these regulations as set forth in this chapter. (Ord. 1428 § 2 (part), 2002: prior code § 7410)
13.04.020 Definitions.
As used in this chapter, the following terms shall have the meaning specified after each term:
A. “Adequate transmission system” means a water main system is capable of supplying simultaneously, at a specific site under consideration, the required fire flow and the maximum daily rate of consumption.
B. “Adequate water distribution system” means a system of public water mains capable of supplying a sufficient quantity of water to satisfy simultaneously the maximum daily rate of consumption and the required fire flow for a given site.
C. “Commodity charge” means a charge based upon a rate per unit of delivery designed to recover all costs associated with producing and distributing the amount of water supplied.
D. “Cross-connection” means any physical connection between the piping system from the city service and that of any other water supply that is not, or cannot, be approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the city distribution main.
E. “Distribution mains” are water lines in streets, alleys, and rights-of-way used for general distribution of water from which service is available to the customer.
F. “Maximum daily rate of consumption” means the average rate of flow, as estimated by the utilities engineer/superintendent from actual city records, which is consumed during a twenty-four-hour period at maximum use.
G. “Premises” means the integral property or area, including improvements thereon, to which water service is or will be provided.
H. “Private fire protection service” is for sprinkler systems, hydrants, hose reels and other facilities used specifically for fire protection on private property.
I. “Private pumping equipment” means any equipment attached to a water service and installed on private property for the purpose of increasing water pressure to that property.
J. “Public fire protection service” relates to fire hydrants connected to the distribution system and made available to designated fire protection agencies.
K. “Regular service” means water service rendered for normal domestic, commercial, industrial and irrigation purposes on a permanent basis and for which the general rates and regulations are applicable.
L. “Required fire flow” means the rate of flow required by the fire chief pursuant to the authority of Section 13.301(c) of the Uniform Fire Code and determined in conformance with the Guide for Determination of Required Fire Flow as published by the Insurance Services Offices, dated July, 1974, or any subsequent recognized standard adopted by resolution of the council.
M. “Services” means the pipeline and appurtenant facilities such as the curbstop, meter and meterbox, all used to extend water service from the distribution main to the curbline. Where services are divided at the curb or property line to serve several customers, each such branch service shall be termed a separate service.
N. “Temporary service” means one especially installed for construction work, single season irrigation and other uses.
O. “Utilities” means the utilities department of the city and its duly authorized representatives. (Ord. 1428 § 2 (part), 2002: prior code § 7410.1)
13.04.030 Initiation and discontinuation of water service.
A. Each customer either initiating or discontinuing water service shall be required to provide information according to the procedures established by the director of finance.
B. All applicants for service may be required to deposit an amount established from time to time by resolution of the council prior to initiation or restoration of water service. (Ord. 1428 § 2 (part), 2002: Ord. 1204 §§ 1, 2, 1992: prior code § 7410.2)
13.04.040 Limit of city’s responsibility to furnish water.
Nothing contained in this chapter shall be construed as a contract on the part of the city to furnish water for any definite period or as a public utility in respect to any water furnished outside the city. (Ord. 1428 § 2 (part), 2002: prior code § 7410.3)
13.04.050 Payment for previous service required prior to acceptance of application for service.
An application for service will not be honored unless payment in full has been made for water service previously rendered to the applicant by the city. (Ord. 1428 § 2 (part), 2002: prior code § 7410.4)
13.04.060 Past due debts—Chapter provisions not to prevent collection thereof.
Repealed by Ord. 1428. (Prior code § 7410.5)
13.04.070 Service installation.
Water services will be installed in size and at the location desired by the applicant where such requests are reasonable. Service installations will be made only to property abutting on public streets or to such distribution mains as may be constructed in alleys or rights-of-way at the convenience of the utilities department. Services installed in new subdivisions prior to the construction of streets or in advance of street improvements, must be accepted by the applicant in the installed location. (Ord. 1428 § 2 (part), 2002: prior code § 7410.6)
13.04.080 Charges for new service.
A. Charges for new water service shall be established by a resolution duly adopted by the council and may be revised by resolution at any time. A copy of a current resolution shall be maintained in the office of the city clerk for public inspection.
B. All charges for new services are payable in advance.
C. Account starts on the date the meter is installed.
D. Services larger than two-inch will be constructed and the applicant billed for the actual cost of installation plus overhead and cost of the meter. (Ord. 1428 § 2 (part), 2002: prior code § 7410.7)
13.04.090 Additional charges for service.
Repealed by Ord. 1428. (Ord. 1115 § 1, 1988: prior code § 7410.8)
13.04.100 Main extensions.
A. Water mains may be extended by developers or other interested parties that would benefit by their extension, providing the improvements are designed to current city standards and policy and are approved by the director of public works and the director of utilities.
B. The owner or developer who installs improvements which abut property other than that being developed or in a greater size or capacity than that required for the development of the property under consideration may be reimbursed as provided in Section 16.20.110 of this code. (Ord. 1501 § 4, 2007)
13.04.120 Multiple units.
A. Number of Services to Separate Premises. Separate premises under single control or management will be supplied through individual service connections unless the utilities department elects otherwise.
B. Service to Multiple Units. Separate houses, buildings, living or business quarters on the same premises or on adjoining premises, under a single control or management, may be served at the option of the utilities department by either of the following methods:
1. Through separate service connections to each or any unit; provided, that the pipeline system from each service is independent of the others, and is not interconnected;
2. Through a single service connection to the entire premises.
The applicant shall be responsible for payment of charges for all water furnished to combined units, supplied through a single service connection. (Ord. 1428 § 2 (part), 2002: prior code § 7410.11)
13.04.130 Retirement or removal of meter.
A. Installation. All meters installed shall be located only in and upon streets, alleys and rights-of-way that have been formally dedicated and accepted for public use and shall be owned by the city.
B. Retirement or Removal of Meter. The cost of retiring or removing a meter service for the convenience of the customer will be at the customer’s expense.
C. Change in Location of Meters. Meters moved for the convenience of the customer will be relocated at the customer’s expense.
D. Changes in Size of Meter. The cost of changes in size of meter on existing services will be at the customer’s expense. (Prior code § 7410.12)
13.04.140 Bills payment.
A. Rendering of Bills.
1. Meter Readings. Meters will be read at regular intervals for the preparation of regular bills, and as required for the preparation of opening bills, closing bills and special bills.
2. Billing Period. The regular billing period will be monthly or bimonthly at the option of the utilities division as authorized by the council.
3. Opening and Closing Bills.
a. Opening bills, closing bills and monthly bills rendered for periods smaller or greater than normal will be prorated.
b. If the total period of water service is less than one month, the bill will not be less than the monthly readiness to serve charge.
B. Payment of Bills. Bids.
1. Periodic bills are due and payable on presentation. Payment may be made at the city finance department or to an authorized collector.
2. Closing bills, if service is to be discontinued, are due and payable on presentation. Collection will be made at the time of presentation.
3. Water bills shall be payable on the date of presentation and shall become delinquent on and after the first day of the following month.
4. When bills are delinquent, the utilities division may demand that the full amount of both delinquent and current bills be paid.
C. Billing of Separate Meters Not Combined. Each meter on customer’s premises will be considered separately and the readings of two or more meters will not be combined unless specifically provided for in the rate schedule, or unless the utilities division’s operating convenience requires the use of more than one meter, or of a battery of meters. The readiness to serve charge for such combined meters will be based on the diameter of the total combined discharge areas of the meters. (Prior code § 7410.13)
13.04.150 Rates for service.
The rates to be charged and collected by the utilities division for all billings for regular service shall be established from time to time by resolution of the council. (Prior code § 7410.14)
13.04.160 Computation of bimonthly billings.
Bimonthly bills shall be computed by doubling the monthly readiness to serve charge and adding thereto charges for commodity consumption. (Prior code § 7410.15)
13.04.170 Meter errors.
A. Meter Test.
1. Prior to installation, each meter will be tested and no meter found to register more than two percent fast or slow under conditions of normal operation will be placed in service.
2. On customer request:
a. A customer may, giving not less than one week’s notice, request the utilities division to test the meter serving his or her premises.
b. To cover the reasonable cost of a meter test, the utilities division may require the customer to deposit such amount as may be established from time to time by resolution of the council.
c. This deposit will be returned if the meter is found to register more than two percent fast. The customer will be notified, not less than five days in advance of the time and place of the test.
d. A customer shall have the right to require the utilities division to conduct the test in his or her presence, or in the presence of his or her representative.
e. A written report giving the results of the test will be shown to the customer within ten days after completion of the test.
B. Adjustment of Bills for Meter Error. When, upon test, a meter is found to be registering more than two percent fast, under conditions of normal operations, the utilities division will refund to the customer the full amount of the over-charge, based on corrected meter readings for the period, not exceeding six months, that the meter was in use.
C. Nonregistering Meters. The utilities division may 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 period and under similar circumstances and conditions. (Prior code § 7410.16)
13.04.180 Discontinuance of service.
A. Nonpayment of Bills.
1. A customer’s water service may be discontinued if a bill is not paid on or before the first day of the month following date of presentation. “Date of presentation” shall be the date upon which a bill or notice is mailed or delivered personally to the customer of record.
2. A customer’s water service may be discontinued if water service furnished at a previous location is not paid on or before the first day of the month following date of presentation.
3. If a customer receives water service at more than one location, and the bill for service at any one location is not paid on or before the first day of the month following date of presentation, water services at all locations may be turned off.
B. Unsafe Apparatus.
l. The utilities division may refuse to furnish water and may discontinue service to any premises where apparatus, appliances, or equipment using water is dangerous, unsafe, or not in conformity with any laws or ordinances.
2. Ground Wire Attachments. All individuals or business organizations are forbidden to attach any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the city; the utilities division will hold the customer liable for any damage to its property occasioned by such ground wire attachments. 3. The utilities division does not assume liability for inspecting apparatus on the customer’s property. The utilities division does reserve the right of inspection, however, if there is reason to believe that unsafe apparatus is in use.
C. Service Detrimental to Others.
1. The utilities division may refuse to furnish water and may discontinue service to any premises where the demand is greatly in excess of the past average or seasonal use, and where such excessive demands by one customer are or may be detrimental or injurious to the service furnished to other customers.
2. The utilities division 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.
D. Fraud and Abuse. The utilities division shall have the right to refuse or to discontinue water service to any premises to protect itself against fraud or abuse.
E. Noncompliance. The utilities division may, unless otherwise provided, discontinue water services to a customer for noncompliance with any of these regulations if the customer fails to comply with them within five days after the date of presentation of written notice of the utilities division’s intention to discontinue service. If such noncompliance affects matters of health and safety, and conditions warrant, the utilities division may discontinue water service immediately.
F. Customer’s Request for Service Discontinuance. A customer may have his or her water service discontinued by notifying in writing the utilities division reasonably well in advance of the desired date of discontinuance. He or she will be required to pay all water charges until the date of such discontinuance.
G. Restoration – Reconnection Charges. The utilities division may charge such amount as may be established from time to time by resolution of the council for restoring water service which has been discontinued because of noncompliance with these rules. (Prior code § 7410.17)
13.04.190 Responsibility for equipment.
A. Customer Equipment. The customer shall, at his or her own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the city shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper care or wrongful act of the customer or of any of his or her tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, operating or interfering with such equipment. The city shall not be responsible for damage to property caused by spigots, faucets, valves and other equipment that are open when water is turned on at the meter, either when the water is turned on originally, or when turned on after a temporary shutdown.
B. City Property. The customer shall be liable for any damage to a meter or other equipment or property owned by the city which is caused by an act of the customer or his or her tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of locks by the customer or others on or near a meter, and any damage to a meter that may result from hot water or steam from a boiler or heater on the customer’s premises. The city shall be reimbursed by the customer for any damage promptly on presentation of a bill.
C. Private Pumping Equipment. The utilities division must approve the installation and operation of all private pumping equipment before city water service will be provided. Any pumping facility that does not incorporate an automatic shutoff control that will positively prevent motor burnout during periods of low or negative pressure will not be approved.
This section shall not be construed to excuse the obtaining of appropriate council, and other, approvals necessary to permit (1) city water service, and (2) installation and operation of private pumping equipment. (Prior code § 7410.18)
13.04.200 Installation of control valves required.
A. The customer shall install a suitable valve, as close to the meter location as practicable, the operation of which will control the entire water supply from service.
B. The operation by the customer of the curbstop in the meterbox is not permitted. (Prior code § 7410.19)
13.04.210 Customers duty to protect against danger of cross-connections.
The customer must comply with state, county and federal laws governing the separation of dual water systems or installation of backflow protection devices to protect the public water supply from the danger of cross-connections. (Prior code § 7410.20)
13.04.220 Interruptions in service.
The city shall not be liable for damage which may result from an interruption in service from a cause beyond the control of the utilities division. Temporary shutdowns may be made by the utilities division to make improvements and repairs. Whenever possible and as time permits, all customers affected will be notified prior to making such shutdowns. (Prior code § 7410.21)
13.04.230 Utilities division ingress and egress rights.
Representatives from the utilities division shall have the right of ingress to the customer’s premises at reasonable hours for any purpose reasonably connected with the furnishing of water service. (Prior code § 7410.22)
13.04.240 Temporary service—Regulations.
Temporary service will be furnished in conformity with the general regulations applicable and as additionally specified in these regulations.
A. Temporary service connections shall be discontinued and terminated within six months after installation unless an extension of time is granted in writing by the utilities division.
B. The applicant shall deposit, in advance, the estimated cost of installing and removing the facilities required to furnish the service. Upon discontinuance of service the actual cost shall be determined and an adjustment made as an additional charge, refund or credit.
C. All facilities for temporary services to the customer connection shall be made by the utilities division and shall be operated in accordance with its instructions. (Prior code § 7410.23)
13.04.250 Temporary service—Rates.
The rates for regular service shall be applicable for water used from all temporary services. Where it is not practical to install a meter, the water consumption may be estimated on a basis agreeable to both the customer and the utilities division. The applicant shall pay the estimated cost of water in advance or shall be otherwise required to establish credit. (Prior code § 7410.24)
13.04.260 Fire hydrants,
A. Use of and Damage to Fire Hydrants. No person, other than those designated and authorized by the proper authority, or by the utilities division, shall open any fire hydrant, 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.
B. Temporary Service on a Fire Hydrant. If temporary service is supplied through a fire hydrant, a permit for the use of the hydrant shall be obtained from the proper authority. The monthly rates for such temporary service shall be established from time to time by resolution of the council. It is specifically prohibited to operate the valve of any fire hydrant other than by the use of a spanner wrench designed for this purpose.
C. Moving of Fire Hydrants. When a fire hydrant has been installed in the location specified by the proper authority, the utilities division has fulfilled its obligation. If a property owner or other party desires a change in the size, type or location of the hydrant, he or she shall bear all costs of such changes, without refund. Any change in the location of a fire hydrant must be approved by the proper authority. (Prior code § 7410.25)
13.04.270 Water service for fire protection.
A. Fire
1. For all projects for which the installation of one or more city standard fire hydrants are required by the fire chief pursuant to the authority of Uniform Fire Code Section 10.301(e), such hydrant or hydrants shall be incorporated into a reliable water distribution system which is directly connected to an adequate transmission system.
2. Each city standard fire hydrant required shall be operative and accepted by the utilities engineer/superintendent prior to the commencement of combustible construction on the project.
3. Upon acceptance by the city of any city standard fire hydrant constructed by the city or by city administered contract awarded in compliance with applicable bidding requirements, the utilities engineer/superintendent shall determine the total extent of the properties benefited by the hydrant installation and shall assign to each parcel or portion of parcel benefited a share of the total cost of the hydrant installation. Such assigned shares shall be approved by the council.
4. The extent of the properties benefited shall be determined in accordance with the recommendations of the Fire Protection Handbook, 14th Edition, 1976, published by the National Fire Protection Association, or any subsequent recognized standard adopted by resolution of the council.
5. As a condition to the issuance of a building permit for construction upon a parcel or portion of a parcel to which has been assigned a share of the cost of a city standard fire hydrant, the permittee shall reimburse to the city, or to the party originally funding the hydrant construction, the total assigned share. Such reimbursement obligation shall exist for a period of fifteen years after city acceptance of the fire hydrant.
B. Water Main Improvements for Fire Protection.
1. Upon acceptance by the city of water mains installed to provide a reliable water system in accordance with subsection A of this section, and if such mains have been constructed by the city or city administered contract awarded in compliance with applicable bidding requirements, the utilities engineer/ superintendent shall determine the total extent of the properties benefited by the water main installation and shall assign to each parcel or portion of parcel benefited, a share of the total cost of the installation. Such assigned shares shall be approved by the council.
2. The extent of the properties benefited shall be determined in accordance with the recommendations of the Fire Protection Handbook, 14th Edition, 1976, published by the National Fire Protection Association, or any subsequent recognized standard adopted by resolution of the council.
3. As a condition of the issuance of a building permit for construction upon a parcel or portion of a parcel to which has been assigned a share of the water main cost, the permittee shall reimburse to the city, or to the party originally funding the water main construction, the total assigned share. Such reimbursement obligation shall exist for a period of fifteen years after city acceptance of the water main. (Prior code § 7410.26)
13.04.280 Private fire protection service connections—Application—Charges—Ownership.
A. Purpose. A private fire protection service connection in three- to ten-inch size will be furnished only if adequate provision is made to prevent the use of water from such services for purposes other than fire extinguishing.
B. Application and Agreement. The applicant will be required to sign an application that will be furnished upon request.
C. Installation Charges. The applicant will be required to make payment in advance of the estimated cost of installing the service connection and meter.
D. Quantitative Charges.
1. Water for Fires. No charge will be made for water used to extinguish accidental fires.
2. Water for Fire Storage Tanks. Occasionally water may be obtained from a private fire service for filling a tank connected with the fire service, but only if written permission is secured from the utilities division in advance and an approved means of measurement is available. The rates for general use will be applied.
3. Other. Water lost through leakage or in testing or used in violation of the utilities division’s regulations, shall be paid for by the applicant at double the rate charged for general use.
E. Violation of Agreement. If water is used from a fire service in violation of the agreement or of these regulations, the utilities division may, at its option, discontinue and remove the service.
F. Ownership of Connection. The service connection and all equipment appurtenant thereto, including the meter, shall be the sole property of the city, and no part of the cost thereof will be refunded to the applicant.
G. Pressure and Supply. The utilities division assumes no responsibility for loss or damage because of lack of water or pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution system. All connections, pumps, tanks, chlorinators or other appurtenances installed at any point in the line between the meter and the customer’s water outlets shall be the sole responsibility of the property owner, both as to the original installation and as to the maintenance and upkeep. Such installations must be approved by the utilities division. (Prior code § 7410.27)
13.04.290 Private fire protection service—Monthly rates.
The monthly rates for private fire protection service shall be established from time to time by resolution of the council. (Prior code § 7410.28)
13.04.300 Violations deemed misdemeanor.
Other than authorized water distribution staff, any person who operates or attempts to open or close any water system valve shall be guilty of a misdemeanor, and shall also be held liable for any damage that may result. (Ord. 1484 § 11, 2005: prior code § 7410.29)