For the purposes of this chapter, the term “utility”
means and includes water, sewer and/or any other utility service furnished
by the city to consumers thereof.
(1973 Code, sec. 31-1; 1991 Code,
sec. 31-1; 2007 Code, sec. 46-1)
All pertinent provisions of this chapter are hereby made a part
of the terms and conditions whereby the city shall furnish any utility
service to any person, or whereby the city shall make any utility
connections, or perform any work of any kind in connection with the
furnishing of any utility service pursuant to the rules and regulations
of the city council.
(1973 Code, sec. 31-2; 1991 Code,
sec. 31-2; 2007 Code, sec. 46-2)
Any utility service furnished under the provisions of this chapter
shall be in accordance with and in compliance with all applicable
technical provisions of this code, state law and city ordinances,
rules and regulations.
(1973 Code, sec. 31-3; 1991 Code,
sec. 31-3; 2007 Code, sec. 46-3)
The city council shall have the authority to establish by rule
or regulation such standards and specifications as may be deemed necessary
for the installation, construction and maintenance of any utility
service system owned and operated by the city within or without the
city and under the management of the council. Such rules, regulations,
standards and specifications shall be filed in the office of the city
manager or designee. Violation of such rules, regulations, standards
and specifications shall be deemed a misdemeanor.
(1973 Code, sec. 31-4; 1991 Code,
sec. 31-4; 2007 Code, sec. 46-4; Ordinance adopting 2022 Code)
In order to protect the utility service supply, the city will
not make any water or sewer taps outside the city limits until the
premises involved has been inspected and approved by the city plumbing
inspector.
(1973 Code, sec. 31-5; 1991 Code,
sec. 31-5; 2007 Code, sec. 46-5)
Any authorized inspector of the city shall have free access
at reasonable times to all premises supplied with any utility service
by the city for the purpose of examination in order to protect the
utility services from abusive use.
(1973 Code, sec. 31-6; 1991 Code,
sec. 31-6; 2007 Code, sec. 46-6)
The city shall have the right to disconnect or refuse to connect
or reconnect any utility service for any of the following reasons:
(1) Failure to meet the applicable provisions of law.
(2) Violation of the rules and regulations pertaining to utility service.
(4) Willful or negligent waste of service due to improper or imperfect
pipes, fixtures, appliances or otherwise.
(5) Molesting any meter, seal or other equipment controlling or regulating
the supply of utility service.
(6) Theft or diversion and/or use of service without payment therefor.
(1973 Code, sec. 31-7; 1991 Code,
sec. 31-7; 2007 Code, sec. 46-7)
The city shall not be liable for any damage to any customer
of any utility service furnished by the city due to backflow of the
sewer system, failure of supply, interruption of service or any other
cause outside the direct control of the city.
(1973 Code, sec. 31-8; 1991 Code,
sec. 31-8; 2007 Code, sec. 46-8)
All premises connected to any utility service of the city shall
be assumed to be using such utility service and the owner or occupant
shall be charged therefor so long as such premises shall remain connected
with the utility service.
(1973 Code, sec. 31-12; 1991 Code,
sec. 31-9; 2007 Code, sec. 46-9)
The city may decline or fail or cease to furnish utility service
to any person who may be in debt to the city for any reason, except
ad valorem taxes and special assessments.
(1973 Code, sec. 31-10; 1991 Code,
sec. 31-10; 2007 Code, sec. 46-10)
Any person desiring any utility service furnished by the city
shall make application for the same to the city council. Such application
shall contain the applicant’s name and address and the uses
for which such utility service is desired.
(1973 Code, sec. 31-9; 1991 Code,
sec. 31-11; 2007 Code, sec. 46-11)
Approval of the application for any utility service by the city
council shall be deemed permission for such service.
(1973 Code, sec. 31-11; 1991 Code,
sec. 31-12; 2007 Code, sec. 46-12)
Any person having a permit from the city for the use of any
utility service offered by the city who shall use such utility service
for any purpose other than mentioned in such permit or who shall make
any unauthorized changes in such service shall be deemed guilty of
a misdemeanor.
(1973 Code, sec. 31-13; 1991 Code,
sec. 31-13; 2007 Code, sec. 46-13)
It shall be unlawful for any person, not having authority to
do so, to open any water hydrant or tamper with any utility service
furnished by the city to consumers, or to in any other way molest,
damage or trespass upon any equipment or premises belonging to the
city connected with any utility service.
(1973 Code, sec. 31-14; 1991 Code,
sec. 31-14; 2007 Code, sec. 46-14)
The city reserves the right to cut off any utility service without
notice in case of emergencies. When an interruption in service is
necessary for the maintenance and improvement of the utility system,
affected customers will be notified as circumstances permit.
(1973 Code, sec. 31-15; 1991 Code,
sec. 31-15; 2007 Code, sec. 46-15)
The city, at any time, may restrict or prevent the use of any
utility service furnished by the city during such periods of emergency
or circumstances demanding such restriction or prevention of use.
(1973 Code, sec. 31-16; 1991 Code,
sec. 31-16; 2007 Code, sec. 46-16)
It shall be unlawful for any person to resell to others any
utility service obtained from the city except only by special arrangement
with the city council.
(1973 Code, sec. 31-17; 1991 Code,
sec. 31-17; 2007 Code, sec. 46-17)
Connections for any utility service furnished by the city shall
be made only under the supervision of the city council.
(1973 Code, sec. 31-18; 1991 Code,
sec. 31-18; 2007 Code, sec. 46-18)
(a) Every building that is constructed or in which substantial additions
or modifications to such building is made totaling fifty percent (50%)
or more of the value of the structure or fifty percent (50%) or more
of the total floor area of the structure from the date on which this
section was enacted that is situated on any street in the [city] shall
be connected to a public sanitary sewer so that all sewage from the
premises shall empty into the sewer, provided that such building is
used or intended to be used as a dwelling, office building, place
of business or building which will be regularly occupied by people.
It is hereby made the duty of each owner of any such building to cause
the same to be so connected with a public sewer. All such owners shall
remove or cause to be removed all existing surface privies, septic
tanks and cesspools.
(b) Every building, structure or consumer in the city shall have a separate
utility service connection, as determined by the city. Rates for noncommercial
accounts shall be based on the consumer/unit connection. Notwithstanding
the foregoing, rates for commercial accounts shall be based on meter
size.
(1973 Code, sec. 31-19; 1991 Code,
sec. 31-19; Ordinance 13-711, sec.
2, adopted 12/13/12; 2007 Code,
sec. 46-19; Ordinance 23-947 adopted 1/26/2023)
Any person who shall make any connection in any manner to any
utility system, whether owned by the city or not, without the prior
knowledge and consent of the owner of such utility system shall be
deemed guilty of a misdemeanor.
(1973 Code, sec. 31-20; 1991 Code,
sec. 31-20; 2007 Code, sec. 46-20)
No person, other than employees of the city, shall be authorized
to connect, turn on, turn off or disconnect any utility service offered
by the city, or remove, replace or repair any equipment connected
to any such utility service.
(1973 Code, sec. 31-21; 1991 Code,
sec. 31-21; 2007 Code, sec. 46-21)
The consumer of any utility service furnished by the city shall
maintain and keep in good repair all connections, appliances and other
apparatus installed and used in connection with such utility service.
(1973 Code, sec. 31-22; 1991 Code,
sec. 31-22; 2007 Code, sec. 46-22)