For the purpose of this chapter:
means any person that may consume or otherwise utilize a
utility service provided by the city.
means a person that has a utility account with the city.
means any individual and also includes any corporation, organization,
government or governmental subdivision or agency, business trust,
estate, trust, partnership, association, or other legal entity.
means water, sanitary sewer, garbage and refuse collection
and/or any other utility service furnished by the city or its duly
authorized contractors to consumers thereof.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.01)
All pertinent provisions of this chapter are hereby made part of the terms and conditions whereby the city furnishes any utility service to any person, or whereby the city makes any utility connections or performs any work of any kind in connection with the furnishing of any utility service pursuant to the rules and regulations of the city council. Persons who apply for, who have received, or who are receiving utility services from the city are deemed to have fully read and understood all applicable city ordinances including but not limited to this chapter and article A6.000 of the fee schedule in appendix A of this code, all as amended, and agree to abide by all of the regulations, conditions and obligations set forth in this chapter and said article.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.02)
A violation by any person of any provision of this chapter is a class C misdemeanor, and the offender, upon conviction thereof, shall be fined any sum in accordance with the general penalty provided in section 1.01.009 of this code. Each continuing day of such violation shall constitute a separate offense. The penal provisions imposed under this section shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law and all available equitable remedies.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.27; Ordinance adopting 2019 Code)
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 chapter, other city ordinances, adopted
city codes, other rules and regulations, and state and federal law.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.03)
The public works director 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 city council.
Such rules, regulations, standards and specifications shall be approved
and adopted by the city council and filed in the office of the city
secretary. Violation of such rules, regulations, standards and specifications
shall be deemed a misdemeanor.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.04)
Except where other arrangements are specifically provided, it
shall be the duty of the public works director or his authorized agent
to enforce the provisions of this chapter or any rule or regulation
relating to utility services. This chapter does not prevent law enforcement
officers or code enforcement officers from enforcing provisions of
this chapter.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.05)
In order to protect the utility service supply, the city will
not make any water or sewer taps until the premises involved have
been inspected and approved by the public works director or building
official/inspector.
(2008 Code, pt. II, art. 49, sec. 1.06)
Any authorized inspector of the city or authorized public works
employee shall have free access at any reasonable time to all premises
supplied with any utility service by the city for the purpose of examination
in order to protect the utility services.
(2008 Code, pt. II, art. 49, sec. 1.07)
(a)
The city shall have the right to disconnect or refuse to connect
or reconnect any utility service for any lawful reason, including
but not limited to:
(1)
Failure to meet the applicable provisions of law;
(2)
Violation of the rules and regulations pertaining to utility service;
(3)
Nonpayment of bills;
(4)
Willful or negligent waste of service due to improper or imperfect
pipes, yard lines, cleanouts, fixtures, appliances or otherwise;
(5)
Molesting any meter, seal or other equipment controlling or regulating
the supplies of utility services;
(6)
Theft or diversion and/or use of service without payment therefor;
(7)
Refusal to allow inspection of property provided with utility services;
(8)
Vacancy of premises.
(b)
Affected customers will be notified of pending termination of services
in accordance with the provisions of this chapter. It is the policy
of the city to provide customers with notice and a meaningful opportunity
to be heard on disputed issues regarding nonpayment or insufficient
payment before termination of services.
(c)
Emergency termination of services by the city may occur without notice
or hearing in instances where it is apparent that such termination
of services is necessary to avoid imminent harm to persons or property.
In such event, notice and an opportunity for hearing will be provided
as soon practicable after such termination.
(Ordinance 476-2009 adopted 11/10/09; Ordinance 655-2014 adopted 4/22/14; 2008 Code,
pt. II, art. 49, sec. 1.08)
The city shall not be liable for any damage to any person of
any utility service furnished by the city due to backflow of the sewage
system, failure of supply, interruption of service or any other cause
outside the direct control of the city. This provision is not intended
to and does not in any way waive the city’s governmental immunity
from suit or liability.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.09)
Any person desiring any utility service to be furnished to a
premises by the city shall submit a written application on city-supplied
forms to the public works director or the utility department of the
city. Such application shall contain the applicant’s name, address,
and other information as required by the city. The person applying
for utility service must also supply sufficient documentation to establish
the true identity of the applicant. The application must state the
uses for which such utility service is desired. Should any person
move into any premises supplied with utility service, without making
an application in the manner provided for by the city, such person
shall become responsible to pay for all unpaid usage fees, late fees,
fines and interest related to utility usage at said premises. The
failure to pay said unpaid amounts in full within 15 days of delivery
of notice of same shall be cause for disconnecting such service until
the amount due is paid.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.10)
(a)
If any person shall make false statements in the application for
utility services, he shall be deemed guilty of a class C misdemeanor.
(b)
Any customer who discontinues his place of business or moves from
his residence and leaves a bill for utility services due the city
and makes application for service at some other address, either under
his own name or under a different name, without stating to the city
the old address and name under which utility services were used at
the address where there is a bill due, shall be deemed guilty of a
class C misdemeanor.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.11)
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 utility service
provided by the city or contracted by the city.
(Ordinance 112-2003 adopted 11/12/03; 2008 Code, pt. II, art. 49,
sec. 1.12)
Approval of the application for any utility service by the public
works director shall be deemed permission for such service.
(Ordinance 112-2003 adopted 11/12/03; 2008 Code, pt. II, art. 49,
sec. 1.13)
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 so long as such premises shall remain connected with
the utility service.
(Ordinance 112-2003 adopted 11/12/03; 2008 Code, pt. II, art. 49,
sec. 1.14)
A return-check charge will be assessed to any person who issues a check to the city that is returned to the city or not honored by the financial institution on which it is drawn for any reason. This charge may be assessed against the utility account to which the attempted payment was made. The amount of the return-check charge shall be as set forth in section A6.011 of the fee schedule in appendix A of this code.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.15; Ordinance adopting 2019 Code)
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 class C misdemeanor.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.16)
It shall be unlawful for any person, not having authority to
do so, to open any water hydrant or tamper with any utility services
furnished by the city, or to in any other way molest, damage, or trespass
upon any equipment or premises belonging to the city connected with
any utility service.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.17)
The city reserves the right to cut off any utility service without
notice in case of emergencies. When an interruption in utility service
is necessary for the maintenance and improvement of the utility system,
affected customers will be notified as circumstances permit.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.18)
The city hereby reserves the right to at any time restrict or
prevent the use of any utility service furnished by the city during
periods of emergency or circumstances demanding such restriction or
prevention of use.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.19)
It shall be unlawful for any person to resell to others any
utility service provided by or obtained from the city unless by special
arrangement with the city council.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.20)
Connections for any utility service furnished by the city shall
be made only under the supervision of the city council.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.21)
Every building, structure or customer in the city shall have
a separate utility service connection. Accessory use buildings on
a residential lot do not require a separate meter if not occupied
or used for commercial purposes.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.22)
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 city equipment connected
to any such utility service. No person shall tamper with, alter, change,
bypass, divert, or connect to any water or sewer mains or service
lines owned by the city without first obtaining permission or consent
of the city. Any person violating provisions of this section shall
be deemed guilty of a class C misdemeanor.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.23)
(a)
The consumer of any utility service furnished by the city shall maintain
and keep in good repair all connections, yard lines, cleanouts, appliances
and other apparatus installed and used in connection with such utility
service.
(b)
Failure to maintain and keep in good repair all connections, yard
lines, cleanouts, appliances and other apparatus used in connection
with the utility service is a violation of this chapter and grounds
for discontinuation of all utility services to the customer.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 1.24)
The city is not required to furnish utility services to persons
beyond the city’s corporate limits, or to continue to supply
such utility service once begun. The city reserves the right to provide
utility services to such persons it deems advisable and to, at any
time, wholly or partially, discontinue such utility services to any
persons located outside the corporate limits of the city.
(Ordinance 112-2003 adopted 11/12/03; Ordinance 476-2009 adopted 11/10/09; 2008 Code,
pt. II, art. 49, sec. 1.25)
