(a)
The city is not required to furnish water of any special or specific
analysis or in any special or specified amount but only undertakes
to furnish such water and amount of water that may be supplied from
such sources as the city may select and in an amount within the capacity
of the city’s pumping plants and storage facilities.
(b)
If an accident impedes the city’s ability to supply water to
its customers or to the municipality for the prevention or suppression
of fire, the city will not be liable for damages by reason of any
such failure to any customer of the water system or to any person
or persons whose property may have been destroyed by fire or otherwise
damaged.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 2.01)
If any person located outside the city limits desires city water service and pays all expenses incurred in extending the water mains necessary to properly connect to the city’s water system and secures all necessary easements and dedicates same to the city perpetually, so that the city incurs no expense in such connection, and the city elects to provide water service to such person, and provided further that all mains, lines, and associated appurtenances installed meet the requirements and approval of the public works director based on requirements or criteria set forth by city ordinance or other city regulations, then such person shall be furnished water at the rate set forth in section A6.009(c) or (d) of the fee schedule in appendix A of this code, as applicable. Water utility line extensions for water service outside of the city limits shall be governed by article 12.07 of this chapter.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 2.02)
It shall be unlawful for any person to willfully and unreasonably
waste water and, in cases of willful or unreasonable waste of water
that create a clear and present threat to the city’s water supply
or to persons or property, the city shall have the right to take emergency
action to halt such waste, including but not limited to stopping the
flow of water and shall further have the right to recover all damages.
Such action of stopping the flow of water may be taken by the public
works director at any time when such clear and present threat exists,
and such threat cannot be addressed by other less restrictive measures.
In the event of such action by the director of public works, the affected
customer will be provided with notice and an opportunity to be heard
under the rules that would otherwise apply under this chapter for
pre-termination hearings.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 2.03)
All connections to the city waterworks system within the corporate
limits shall be made in the following manner:
(1)
It shall be the policy of the city to supply water to its customers
through mains owned or controlled by the city and which shall be located
in the streets, between the curbs and sidewalk lines, or in alleys
adjacent to property being served, or on easements controlled or owned
by the city. The water meter will be placed at the edge of the customer’s
property nearest to the city water main or where approved by the public
works director and the customer shall be responsible for the maintenance
of the service line and all other plumbing, materials and equipment
through which water flows starting at the point where the water leaves
the city meter. Any service line that crosses private property not
owned by the property owner requesting water service must be located
in an easement acquired by the property owner and said easement must
be filed at the property owner’s expense in the deed records
of the county where the easement is located and city hall.
(2)
The city may assess the estimated cost of breaking and replacing
pavement necessary to make such connections, in addition to the regular
service connection fee and minimum system connection fee, such assessment
to be paid with such service fee and system fee, and the difference
between the assessment and actual cost of such breaking and replacing
shall be billed or refunded to the customer when such work has been
completed.
(3)
In addition to the above charges, the city may assess the estimated
cost of boring under or crossing over any street or highway in furnishing
water services.
(4)
All lines constructed on the city side of the meter and meters installed
under the provisions of this article shall be the property of the
city and the city shall have full control and jurisdiction over such
lines and meters.
(Ordinance 112-2003 adopted 11/12/03; Ordinance 476-2009 adopted 11/10/09; 2008 Code,
pt. II, art. 49, sec. 2.04)
Meters for the measurement of utility services shall be furnished
and installed by and shall remain the property of the city. All customers
shall be responsible for any damages to their water meter(s) and/or
connections, any equipment used to lock the meter on or off, any water
stops and meter boxes. All customers shall be required to pay to the
city the actual expense for necessary repair to same before the utility
service is reconnected.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 2.05)
Any municipal utility meter shall be reread upon complaint of the customer and when the meter is found to have been correctly read originally, the complaining customer shall pay a fee in the amount set forth in section A6.008 of the fee schedule in appendix A of this code. Any municipal water meter shall be tested upon request of the customer and if, upon test, the meter is not within 3% of being accurate, it shall be repaired or replaced and the water bill adjusted appropriately up to a maximum of three months. If upon test the meter is found to be within 3% of accuracy the customer shall pay a fee in the amount set forth in section A6.008 of the fee schedule.
(Ordinance 112-2003 adopted 11/12/03; Ordinance 476-2009 adopted 11/10/09; Ordinance
618-2013 adopted 4/23/13; 2008 Code, pt. II, art. 49, sec. 2.06; Ordinance
adopting 2019 Code)
The city will set a meter at the premises of each customer who
has made the required deposit for the registration of water used by
such customer, one meter per household. The city will supply water
only through its own meter and must be notified when the customer
desires to have water service or to have a meter relocated or removed.
(Ordinance 98-14 adopted 10/27/98; Ordinance 476-2009 adopted 11/10/09; 2008 Code,
pt. II, art. 49, sec. 2.07)
No person shall interfere with or bypass the city’s meter
in such a manner as to obtain water without the full amount thereof
being registered on such meter. Service shall be permanently disconnected
from any account where a bypass or other such device is discovered.
Such account shall be reconnected only at the discretion of the city
and only after payment for water used, as estimated by the city, at
twice the rate otherwise applicable plus the cost of rerouting and
repairing the service to register water used properly on the meter.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 2.09)
If easy access to a meter is obstructed by a customer or if
entrance to the premises is made dangerous for whatever reason, thereby
preventing a meter reader from obtaining a meter reading, the charges
may be estimated for the amount not to exceed double the normal charge.
If the customer does not remedy the condition or should the customer
refuse to pay the estimated bill, the city shall have the right to
discontinue water service without further notice and service shall
not be resumed until the obstructive and/or dangerous conditions have
been remedied and all charges for water service paid. Water meters
located on private property may be moved to the public right-of-way
and the customer shall install the service line to connect to the
new meter at the customer’s expense.
(Ordinance 476-2009 adopted 11/10/09; 2008 Code, pt. II, art. 49,
sec. 2.10)
No customer of the water system shall permit any person to tap
any water pipe leading into his premises without the consent of the
city council. Dual connections (more than one user on a single meter)
shall be prohibited. Owners or occupants of premises having service
pipes and connections will be held strictly responsible for all uses
of water from such service by other parties.
(Ordinance 112-2003 adopted 11/12/03; Ordinance 476-2009 adopted 11/10/09; 2008 Code,
pt. II, art. 49, sec. 2.11)
Every hydrant placed for the purpose of extinguishing fires
is hereby declared to be a public hydrant and no person, other than
members of the fire department, the department of state health services,
and those authorized by the public works director shall open any such
hydrant or draw or attempt to draw water from same or in any manner
interfere with said hydrants unless they have a valid permit from
the public works director, make the appropriate deposit to the city,
and a water meter is used to determine the amount of water used.
(Ordinance 112-2003 adopted 11/12/03; Ordinance 476-2009 adopted 11/10/09; 2008 Code,
pt. II, art. 49, sec. 2.12)
It is unlawful to turn on or otherwise tamper with any city
fire hydrant except for the purpose of extinguishing a fire.
(Ordinance 98-14 adopted 10/27/98; Ordinance 476-2009 adopted 11/10/09; 2008 Code,
pt. II, art. 49, sec. 2.13)
A customer desiring to use a fire hydrant meter shall pay a deposit to the city at the time of application for connection as security for payment of bills for water service and/or damage to and/or loss of city facilities. The deposit shall be retained by the city until the customer is disconnected from the city’s facilities and has returned the fire hydrant meter undamaged. The amount of the deposit shall be as shown in section A6.004 of the fee schedule in appendix A of this code.
(Ordinance 52-2003 adopted 1/28/03; Ordinance 476-2009 adopted 11/10/09; 2008 Code,
pt. II, art. 49, sec. 2.14; Ordinance adopting 2019
Code)
(a)
Within 50 feet of a public water supply well owned by the city, there
shall not be placed, installed or established by any person:
(1)
A tile or concrete sanitary sewer;
(2)
Sewerage appurtenances;
(3)
A septic tank;
(4)
A storm sewer;
(5)
A cemetery;
(6)
Livestock in pastures; or
(7)
Sanitary or storm sewers not constructed of ductile iron or PVC pipe
meeting AWWA standards, not having a minimum working pressure of 150
psi or greater, and not equipped with pressure type joints.
(b)
Within 150 feet of a public water supply well owned by the city,
there shall not be placed, installed, or established by any person:
(1)
A septic tank perforated drainfleld;
(2)
Areas irrigated by low dosage sewage disposal systems;
(3)
Low angle spray on-site sewage facilities;
(4)
An absorption bed;
(5)
An evapotranspiration bed;
(6)
An improperly constructed water well;
(7)
An underground petroleum storage tank;
(8)
An underground chemical storage tank; or
(9)
A petroleum or chemical liquid transmission pipeline.
(d)
Within 500 feet of a public water supply well owned by the city,
there shall not be placed, installed, or established by any person:
(Ordinance 229-2005 adopted 10/11/05; Ordinance 476-2009 adopted 11/10/09; 2008 Code,
pt. II, art. 49, sec. 2.16)
