[Code 1991, § 10-69]
[Code 1991, § 10-70]
Public health institutions may be permitted to use water from
wells in the City during periods of declared federal, state, or local
emergencies if the prior written permission of the City Council or
the Director of emergency management is obtained. Such permission
shall not be granted until the City Council or the Director of emergency
management has been assured in writing by the applying public health
institution that:
A.
Devices will be installed, where necessary, to prevent commingling
of water in the system of the applying public health institution with
that of the City's system. Such devices shall be approved by
the City Director of Building and Development Services with regard
to type and reliability. Installation of devices must be approved
by the Director of Building and Development Services. Before any emergency
system is put into use, certification of approval must be obtained
from the Director of Building and Development Services.
B.
No commingling of well water with that provided by the City shall
be permitted without the additional certification by the state department
of health and the City Health Officer that no health hazard will result
from such commingling.
C.
The public health institution shall satisfy all federal, state, and
local requirements regarding sampling to ensure chemical, bacteriological,
and all other standards of water quality are being met in regard to
water obtained from such well.
D.
The public health institution shall refrain from asserting any claims
against the City, indemnify the City from all liability occasioned
by third-party claims against the City, and hold the City harmless
in regard to the quality, commingling, and delivery of water used
from such well.
[Code 1991, § 10-71; Ord. No. 98-24, 9-22-1998]
A.
Any owner of real property in the City may use water from any well
located on such person's property for irrigation or industrial
purposes upon the written approval of the City Manager. In each case,
the City Manager shall impose reasonable written conditions on the
use, storage, and discharge of such water, including, but not limited
to, conditions to prevent contamination of the City's water supply
and other public health hazards and a release from the owner holding
the City harmless from all liability arising out of the operation
of such well.
B.
Any property owner seeking permission to use water from a well on
his property pursuant to this section shall file an application and
a nonrefundable application fee of $50 per well with the City Manager.
The City Manager shall review such application and, upon determination
that the application meets the requirements of this section, may grant
permission to install a well and related facilities for the use of
water for irrigation or industrial purposes.
C.
Any person aggrieved by the denial of an application pursuant to
this section shall have the right to appeal the decision of the City
Manager to the City Council. Such appeal must be in writing and filed
with the clerk of the City Council within 30 days of the City Manager's
decision.
