For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Commercial. Water service to apartment and boarding houses, hotels, offices, office buildings, retail and wholesale commercial establishments, laundries, private schools and colleges, private hospitals and other like premises where water is not used primarily for industrial purposes.
(2) Industrial. Water service to manufacturing and industrial consumers, including aircraft and metal product manufacturers, public utilities, stockyards, packing houses, grain elevators, bottling works, food processors and similar enterprises. On premises where manufacturing is the principal business, all services shall be classified as Industrial.
(3) Miscellaneous. Water service for building and construction purposes to parties other than the city; for water sold at the pumping station; water service to circuses and other uses where the connection is of a temporary nature.
(4) Municipal. Water service for municipal and other public purposes other than public fire protection including usage for sewer and street flushing, street and sidewalk construction when done by the city; parks; schools; churches and Municipal buildings; county, state and federal agencies and departments.
(5) Residential. Water service to private residences of one family or more than one family when each is supplied through a separate meter.
(1) A building or group of buildings occupied by a family unit or business entity and used for residential, business or commercial purposes;
(2) A building or group of buildings used and operated as a hospital, educational or religious institutions;
(3) A separate dwelling unit within a structure designated for multi-family occupancy;
(4) A building containing areas and spaces separately rented to tenants;
(5) A single tract of land upon which areas are rented for occupancy by mobile homes used for residential purposes;
(6) A tract of land used for park, a playground or recreational purposes; or
(7) Any other structure or structures, public or private, the use or occupancy of which requires water and water service.
(Ord. 429, passed 6-14-61)
(A) Every person, firm or corporation using water from a city's waterworks system shall thereby be deemed to have consented and agreed to the terms and provisions of this sub-chapter and to have acknowledged the right of the Water Department to discontinue water services without notice in the event of failure of the consumer to make timely payment of all rates and charges herein below fixed and established or to otherwise comply with the terms and provisions hereof.
(B) Water service will be furnished only to premises complying with the applicable plumbing and sanitary codes and regulations of the city and state.
(Ord. 429, passed 6-14-61)
(A) Requests for water service shall be made at the office of the Finance Director/Recorder by or on behalf of the person, firm or corporation requesting water and/or water service. Persons requesting water and/or water service will be bound by the terms of this subchapter and all rules and regulations as may be adopted by the City Council in implementation of this subchapter. A non‑refundable account set‑up fee is due at the time of requesting water service. The account set‑up fee covers administrative costs including, but not limited to: setting up an account, reading the meter, verifying that water is on and other related matters. The amount and duration of the account set‑up fee will be and is set by resolution of the City Council from time‑to‑time.
(B) If the application is for water service to premises not previously served, the following requirements shall be met:
(1) Where water mains exist adjacent to the property to be served and upon submission to the Water Department of information as to the location and nature of the premises to be served with water, the applicant will be furnished with information as to the proposed location of the meter setting. If the customer's service line has been installed prior to the application for service, it shall be the applicant's responsibility to clearly mark the location thereof. The Water Department shall have sole jurisdiction, however, to determine the location of the street service line, and the feasibility of a connection to the customer's service line. It shall be the applicant's responsibility at his own expense to run his service line from the premises being served to the meter setting at or near the curb line. Service pipes and connections from the water main to and including the meter setting shall be placed within the line of the public right‑of‑way and shall be installed at the consumer's expense by the Water Department. The City Manager or his designee shall determine a reasonable installation charge based on the actual average cost. All installation charges are payable in advance.
(2) Where water mains adjacent to the consumer's property have been installed under a construction reimbursement agreement as provided herein, the customer shall pay the construction charge established per front foot of property abutting the line in addition to all other charges prescribed.
(3) Where water mains adjacent to the consumer's property have been installed by the Water Department without assessment of the costs to the benefiting property, the consumer shall pay a construction charge to the city for exclusive credit to the utility fund as prescribed by resolution of the City Council. The charges shall be in addition to all other charges.
(4) The applicant shall be responsible for the maintenance, repair and any leakage in the piping from the meter to place of use. Installation of the consumer's service lines shall be done by the consumer personally or by a licensed plumber in accordance with city design and specifications and in accordance with the building and plumbing codes of the city. Installation shall avoid cross connections. Upon notification of the Water Department that a cross connection exists, service shall be refused until the same is eliminated to the satisfaction of the Water Department and/or the City Plumbing Inspector.
(5) The Water Department shall determine the size of the meter to be installed, based upon information furnished by the applicant. Any change in meter size requested by a consumer after the initial meter installation shall be granted insofar as is reasonable, but the entire cost shall be borne by the consumer. In cases of dispute as to meter size, the Water Department shall have sole jurisdiction.
(6) The size of the street service line shall be determined by the Water Department based upon information furnished by the applicant. However, in no case shall the street service line be the same size or any greater size than the water main to which it is connected. Any change in size or location of the street service line after the original installation shall be done at the consumer's expense. Installation charges cover all cost of excavation, installation, connecting and resurfacing from the water main to the point where the meter is installed, including the meter box and the meter. Where service lines must be run a distance greater than 40 feet, the customer shall pay all costs incident to the excess footage.
(a) Installation and maintenance. The installation and maintenance of service connections shall be performed only by the duly authorized employees of the Water Department.
(b) Meters. Meters shall be installed at the customer's end of the service connection and shall be owned by the Water Department and installed at the applicant's expense.
(c) Care of meter. It shall be the duty of the property owner or his agent to keep the meter box free of debris and to take all reasonable precautions to protect the meter from freezing. If the property owner or his agent shall neglect or refuse to protect the meter from freezing, he shall be charged with the cost of repairing any damage which may result from neglect or refusal.
(Ord. 429, passed 6-14-61; Am. Ord. 1653, passed 3‑14-88; Am. Ord. 1736, passed 6-24-91; Am. Ord. 1913, passed 11-25-96; Am. Ord. 2160, passed 8‑10‑09)
(A) All water furnished to consumers shall be metered, except in cases where the Superintendent of Waterworks shall determine that the nature of a particular usage necessitates a measurement by other means.
(B) The installation of meters and street service lines shall be in accordance with the following specifications and requirements:
(1) One and only one street service line, meter setting, and meter shall be installed for each premise. Additional meters, meter settings, street service lines and other appurtenances may be installed as approved by the Superintendent of Waterworks, and all additional costs shall be borne by the applicant.
(2) Street service lines shall be at right angles to the water main and street service lines shall not be installed unless sufficient footage of water main exists adjacent to the premises requesting service to allow meter setting installation free of obstructions such as fences, trees, driveways, culverts, and mail boxes.
(3) The Water Department shall permit no master metering of water. Each and every unit, business, or place of business shall be on a separate service and meter excluding service to transient occupancy such as hotel, motel, recreational vehicle park and Ahotel@ as defined by the transient room tax ordinance. Where water is now supplied through one service to one or more separately owned premises through pipes previously installed, the Superintendent of Waterworks may, at his discretion, refuse to furnish water until separate services are provided. However, if the owner of premises whereon more than one unit or business is receiving water through a single meter and approval for same is granted by the Superintendent of Waterworks, service may be continued under the following conditions:
(a) The minimum charge for the service shall be determined by multiplying the established minimum charge for the meter size installed in the service by the number of dwellings, units or businesses served through the single meter;
(b) For the purpose of calculating the charge for water used through the meter the established rate structure shall be revised as follows: the number of gallons in each bracket of the established rate structure shall be increased by multiplying that number of gallons by the number of dwellings, units or businesses served through the single meter. (Ord. 429, passed 6-14-61; Am. Ord. 1972, passed 10-12-98)
Cross-reference: Transient room tax, see Chapter 112
(A) It shall be unlawful for any person, firm or corporation to open, interfere with, injure, deface or in any way impair the working of any water meter. It shall also be unlawful for any person, other than a duly authorized representative of the Water Department, to remove any meter from its setting.
(B) No meter shall be installed or water used through a new consumer's service line until approval therefor has been obtained from the office of the City Plumbing Inspector.
(C) All meters now in service and hereinafter installed shall remain the sole property of the Water Department. Meters shall be installed only in public ways and it shall be unlawful for any person to obstruct access thereto by the Water Department.
(D) The Water Department shall have the right at any time to test meters but if the testing is not in pursuance of request of consumer, it shall be without charge.
(E) Whenever the Water Department finds a meter to be inoperative, an adjustment of charges for the preceding billing period shall be made by averaging the water used for the corresponding billing period of the three prior years, or, if the records are not extant, from the best other method practicable.
(F) Whenever the Water Department shall find a meter not measuring accurately according to the standards of the American Water Works Association, an adjustment of charges for the preceding billing period shall be made.
(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85) Penalty, see § 52.99
Applications for special service shall be made in writing in the same manner as required for standard service and shall, in addition, conform to the following requirements:
(A) Applications for private fire service connections shall have attached a sketch showing pipes, valves, hydrants, tanks, openings and appurtenances contemplated. The sketch shall be submitted on a scale of one inch equals 50 feet. The applicant shall be required to pay the entire cost of the installation, including the connection to the main and necessary appurtenances. All new private fire service connections with the exception of the so-called “dry type” may be metered. All materials shall be approved by the Water Department, and all fire service lines must be provided with a suitable gate valve outside the building at or near the property line. The valve installed at the water main shall be under the exclusive control of the Water Department. All fire service lines shall be used exclusively for extinguishement of fires and no connection from any other use may be attached thereto. The size of fire service connections shall in no case be smaller than four inches and in no case attached or tapped to a water main of less than six inches. In the event a main extension is required for private fire service connection, the costs of same shall be borne by the applicant.
(B) All miscellaneous special service shall be installed and maintained at the sole cost of the applicant and an advance of the estimated costs of installation shall be required as a condition precedent to the granting of the application. The billing for the service shall be determined by the Water Superintendent.
(C) Any customer requiring pressures higher than normally maintained in the system, or abnormal quantities of water for fire protection or other special purposes, shall provide additional pumping and storage facilities within his or her property and shall also pay for the additional expense to the city in providing additional transmission mains or other facilities required to provide the special service, either through rates or through contributions to the construction of additional facilities.
(D) Service of a special nature will be rendered only at the option of the city and under conditions which will not interfere with normal service to other customers.
(Ord. 429, passed 6-14-61) Penalty, see § 52.99
(A) A separate account of each consumer deposit shall be made showing the date on which the deposit is received, the name of the depositor, and the amount thereof. The city shall pay to the consumer making the deposit (and to consumers who have made deposits prior to the enactment of this sub-chapter) interest at a rate as established by resolution of the City Council, the interest to be credited on the first day of January succeeding the deposit and on the first day of January thereafter, and shall be payable at the Finance Director/Recorder's office in the City Hall, in cash, on demand of the depositor. Any interest credited shall be subject to call and payment at any time, but shall not draw interest.
(B) Upon discontinuance of service the deposit shall be returned to the consumer together with unpaid interest on the same provided all bills for water, repairs, or other services rendered have been paid by the consumer and the consumer surrenders the original deposit receipt.
(C) The advance deposit, together with the interest due thereon, may be applied to the payment of any accrued bills, or bills due on discontinuance of service.
(D) Deposits received from consumers as security for the payment of service which remain uncollected for a period of two years after the discontinuance of service to the consumer may be transferred to the waterworks fund. The deposit money may be invested from time to time by the city.
(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85)
(A) Miscellaneous charges.
(1) When water service shall have been terminated for any cause other than temporary discontinuance in the manner provided below, the consumer shall be charged a sum of money as established by resolution of the City Council to cover the cost of shutting off water service, and in the event the service is reinstated, shall be charged an additional amount as established by resolution of the City Council to cover the cost of reinstating the service.
(2) If a consumer requests inspection and testing of a meter, a sum of money as established by resolution of the City Council as a testing fee shall be paid. If upon examination and test conducted in the presence of the consumer or his or her representative the meter is found to be inaccurate according to the standards of the American Water Works Association, a meter will be substituted and the water bill for the preceding billing period shall be adjusted.
(3) Any consumer desiring to discontinue temporarily the use of water must make application therefor at the office of the Finance Director/Recorder not less than two days prior to the date on which the service is desired to be discontinued, and after the effective date of the discontinuance all charges for water and water service shall cease for the period during which the service shall be shut off, provided that the period of discontinuance shall not be less than 30 days.
(B) All water bills rendered in accordance with the regular schedule of meter rates are due and payable when rendered and must be paid at the City Hall on or before ten days thereafter.
(C) This governing body retains continuing jurisdiction and authority to change from time to time the schedules of rates and charges and the regulations herein provided as changes shall be determined expedient and necessary.
(D) Charges for water used shall be as established by the City Council by resolution.
(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85)
(A) All bills for water and water services shall be rendered monthly at the same time that bills for sewage services rendered by the sanitary sewage treatment plant and system of the city are rendered; provided, however, that bills for miscellaneous accounts shall be rendered at times as shall be determined by the Superintendent of Waterworks in each separate instance. The officers or employees of the city charged with the duty of preparing bills for water and water service shall calculate the amount thereof and shall add the same to the amount of any bills presented to the consumer for sewage service, and the bills shall be collected as a combined bill for water and sewage service furnished the consumer.
(B) All water bills shall be paid at the City Hall in the city or at other places as may be designated by the City Manager. All bills unpaid ten days after date of issuance shall be considered delinquent and an additional charge of 5% shall be made on the gross amount of the billing and notification by mail shall be given to the consumer at the address of the premises being served that the bill, with the 5% delinquency charge, shall be paid within ten days or water service to the property will be disconnected and a disconnection charge in an amount of money established by resolution of the City Council will be assessed. Notification of termination of water service may be made by mail or hand delivery or posting at the consumer's place of use. If the bill not be paid within the period of ten days, water service to the property shall be disconnected and the service to the delinquent consumer shall remain disconnected until the consumer shall pay the full amount of all water and sewer bills, including the delinquency charge and also the disconnection charge and a reconnection charge in amounts of money as established by resolution of the City Council. It shall be the duty of the representative of the city at the time in charge of the collection of water bills to notify the Superintendent of Waterworks of all delinquencies in the payment of monthly bills and the Superintendent shall proceed immediately to disconnect the water service to any consumer who is in arrears for the period herein before specified.
(C) Water service may also be shut off to any consumer by the Water Department without notice if the consumer shall tamper or in any way interfere with any meter, connections, service pipes, valves or other appurtenances belonging to the city or for any violation by a consumer of the terms of this or any other applicable ordinance of the city or the statutes of the state relating to the waterworks system.
(D) In instances where the public health, safety or welfare so requires, the Water Department shall have the right to shut off the flow of water in its mains without notice but will endeavor insofar as possible to notify consumers affected of the intention to so interrupt the service. Interruption of service under the conditions shall not give rise to any claim on the part of any consumer against the Water Department of the city.
(E) The Water Department does not guarantee to maintain any specific water pressure for its service and no complaint concerning the pressure shall give any right of claim against the city or the Water Department.
(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85; Am. Ord. 1926, passed 4-14-97)
(A) Water necessary for municipal uses, such as the flushing of streets and sewers, street sweepers and dust control may be obtained from fire hydrants by authorized employees of the city. The use of water shall not be construed to include or authorize its use in connection with paving, sewer or other construction of public improvements performed by private contractors.
(B) It shall be unlawful for any person, firm or corporation to use water from any part of the waterworks system of the city without proper permit or other authority therefor from the Water Department. It shall further be unlawful for any person, firm or corporation, other than an authorized representative of the city, to shut off or turn on water from any part of the city's waterworks system, including fire hydrants; provided, however, that nothing in this section contained shall be construed as prohibiting plumbers duly licensed under the ordinances of the city from turning on or shutting off water service if such is necessary in the course of the work in which they are engaged.
(Ord. 429, passed 6-14-61) Penalty, see § 52.99
The Water Department may refuse to deliver water to any premises whereon any condition exists which might lead to the contamination of the public water supply and may continue to refuse the delivery of water to any premises until the condition is remedied.
(Ord. 429, passed 6-14-61)
After the water has been shut off by the city, if it should be turned on by any person but the Water Superintendent or a person authorized by him, the meter will be removed, and it will not be replaced until the cost of removing and replacing the meter in addition to all charges and arrearages due have been paid.
(Ord. 429, passed 6-14-61) Penalty, see § 52.99
It shall be unlawful for any person, firm, or corporation not authorized by the city to do, commit or assist in committing any of the following things or acts in the city:
(A) To open or close any fire hydrant or stopcock connected with the waterworks system of the city, or lift or remove the cover of any gate, valve or shutoff thereof;
(B) To interfere with, destroy, deface, impair, injure or wantonly force open any gate, or door, or in any way whatsoever destroy, injure, or deface any part of any reservoir, standpipe, tank, building or buildings, or appurtenances, fences, trees, shrubs, or fixtures or property appertaining to the waterworks system;
(C) To go upon or ascend the stairway or steps on any elevated water storage tank, reservoir, or standpipe of the waterworks system;
(D) To place any telegraph, telephone, electric light pole, or any obstruction whatsoever within three feet of any fire hydrant;
(E) To resort to any fraudulent device or arrangement for the purpose of procuring water for himself or others from private connections on premises contrary to the city regulations or ordinances;
(F) To interfere with or injure any reservoir, tank, fountain, hydrant, pipe, cock, valve, or other apparatus pertaining to the waterworks system, or to turn on or off the water in any street hydrant or other public water fixture or to hitch or tie any animal thereto;
(G) To make or permit to be made any connection with the main or service pipes of the waterworks system, or to turn on or use the water of the system without first obtaining a permit therefor;
(H) To cover over or conceal from view any water valve box, service or meter box;
(I) To remove any water meter that has been placed by the city, or to in any manner change, interfere with or with any water meter;
(J) To turn on the water supply to any building or to any supply pipe where the supply has been turned off for the nonpayment of the monthly water charge or for the violation of any rule, regulation, or ordinance of the city.
(Ord. 429, passed 6-14-61) Penalty, see § 52.99
No water shall be resold or distributed by the recipient thereof from the city supply to any person except upon application to and approval by the city. City water may be resold or distributed only at the rates, charges and fees established by the city and subject to the other conditions as deemed reasonable by the city.
(Ord. 429, passed 6-14-61; Am. Ord. 1967, passed 9-14-98) Penalty, see § 52.99
(A) The minimum size of water mains required to serve any part of the city shall be eight inches in diameter. Any developer or subdivider shall install the necessary water system and all appurtenant work at its sole expense. Should a development require water main sizing in excess of eight inches, the City Manager, or his/her designee, will make the final decision on the size of mains required to be installed by the developer or subdivider. If the City Manager, or his/her designee, requires the developer or subdivider to install water lines in excess of eight inches in order to provide for future water line capacity, the City Manager, or his/her designee, may negotiate a reimbursement agreement with the developer or subdivider for the balance between the developer's or subdivider's actual cost for materials of eight inch water mains and the size required by the city, subject to budget fund availability. Only the cost for increases in materials is reimbursable.
(B) When any individual constructs a water main through undeveloped areas, or adjacent to property not currently served by the municipal utility, the individual initiating construction shall be required to pay for all construction in the manner provided in this sub-chapter. If no assessment for improvement is levied against adjacent property, the individual may request a reimbursement agreement with the city. The agreements shall provide for the city to collect a construction charge from any individual who connects a service connection to the main; charges to be established based on a front foot or area basis shall not exceed the actual installation cost of the system. All agreements shall preclude any payment for individuals connecting a water main as described herein to the furthest extent of the water mains included in the agreement.
(C) An individual's right to reimbursement through agreements shall not exceed ten years from the date of the completion of construction of the covered main. All payments to the original installer shall cease at the expiration of the agreement. A construction charge as provided herein may be collected by the city subsequent to the expiration of the agreement. Any fees so charges shall be credited to the utility fund exclusively for the improvement of production or distribution facilities of the city. This section shall not affect those agreements in place at the time of adoption of Ordinance 429.
(D) The city may establish a charge by front foot or area for all mains within the municipal system installed by municipal contract or by municipal employees. Charges shall be established by resolution of the City Council and shall be payable when benefitted properties connect to the water system.
(1) The construction charge shall apply to property which is not served by the water system at the time of construction and is not assessed for the costs of improvements. The construction charge established may vary by project and area dependent upon the costs of construction of the improvements.
(2) All construction charges shall be paid in addition to all other fees prescribed in this ordinance. Failure to pay the charges, or provide for a payment agreement, shall be cause for denial of water service.
(Ord. 429, passed 6-14-61; Am. Ord. 1653, passed 3-14-88; Am. Ord. 2028, passed 12-18-00)