There is hereby created the city water and sewer department.
(1995 Code, sec. 17-1)
There shall be appointed by the city administrator with approval by the city council a city employee who shall act as the “superintendent of waterworks,” and such superintendent shall perform all duties placed upon him by the city and such other duties prescribed by the provisions of this article and the state statute.
(1995 Code, sec. 17-2)
Please refer to chapter 13 utilities, article 13.07 utility bills [sic], for additional information on the city’s utility billing policies.
(1)
Late fees.
(See body of full section).
(2)
Water and/or sewer connections.
(A)
The city may extend water and sanitary sewer mains in the streets, alleys and utility easements in the city in order to permit connections for those persons desiring water and sewer service. However, sewer services are only available to those properties that are located within the city limits. Water services will be available to the extent of the certificate of convenience and necessity (CCN) in accordance to state law regarding the governance of CCN’s. Water rates in the ETJ will be necessarily higher than those services provided within the city limits due to the higher costs associated with providing these services in the ETJ. The rates established by the city council are as delineated in the schedule below.
(B)
The individual, corporation or partnership requesting the service shall pay the city an amount equal to the cost of all materials, labor, equipment and other costs to provide the requested extension. At any time additional connections are made to the water and/or sewer mains, the city may collect from the individual connecting to the main(s) an amount equal to the proportional amount of footage of the connector’s land abutting the sewer and/or water and repay the same to the original requestor(s) of service or designated recipients.
(C)
New water customers, whether located inside the city limits or in the extraterritorial jurisdiction (ETJ), shall be required to purchase their new water meter(s) at the cost of the meter to the city plus a one-time 15% administrative fee. All water meters installed, whether by the city or not, shall be advanced metering infrastructure (AMI) compatible.
(3)
Residential service rates.
(A)
Residential water service rates.
Volumetric Charge | Rate per Gallon |
|---|---|
2,001–5,000 gallons | $7.06 |
5,001–10,000 gallons | $7.76 |
10,001–100,000 gallons | $8.13 |
100,001+ gallons | $8.79 |
(B)
Residential meter tap and installation charges.
Meter Size | Tap and Meter Installation Fee |
|---|---|
3/4" meter | $600.00 plus meter cost* |
1" meter | $800.00 plus meter cost* |
2" meter | $1,000.00 plus meter cost* |
All meters > 2" | To be installed by developer |
*Total meter cost is the cost of the meter to the city plus 15% administrative fee. |
(C)
Residential wastewater service rates.
(i)
All residential accounts, effective June 1, 2022, minimum service charge: $12.00.
(ii)
Volumetric charge: effective June 1, 2022: $.0049 per gallon.
(iii)
Wastewater volumetric charges on residential accounts are billed on the winter average consumption during the months of December, January and February.
(D)
Additional residential service charges.
(E)
Multifamily dwellings, city homes and other multitenant accounts served by one master meter will be billed a minimum water charge per unit equal to the 3/4" residential base rate and the minimum service charge for wastewater. The residential volumetric charges will apply as normally scheduled on all master meter consumption for both water and wastewater services, except that winter averaging will not be applied to multifamily dwellings served by one master meter.
(F)
Out-of-city water service rates.
(i)
All residential and commercial water services outside the corporate city limits will be charged 150% of the normal water rate inside the city.
(ii)
If a rate increase is adopted for services inside the city limits the rate increase shall immediately apply to those service connections located outside the city limits.
(G)
Out-of-city residential wastewater service.
Unavailable to residents outside the city limits.
(H)
Disconnection for delinquency; reconnection charge.
In the event any user or customer of such water and/or wastewater system does not pay the applicable rates and charges, the city shall cause disconnection of water and wastewater services to such user or customer. Reconnection shall not occur until all fees and penalties have been paid in full as delineated herein.
(I)
No free service.
No free service shall be allowed, nor shall any employee of the city be authorized to make exceptions to any payment schedule as outlined in this section. The city administrator shall provide collection efforts for any outstanding balances for water and/or wastewater services.
(J)
Meter tampering.
(i)
Any attempt to tamper, bypass, alter, damage a meter, or any other action in order to attempt to receive water services without paying for the actual amount used is illegal and will result in immediate suspension of the water service and a fine not to exceed $500.00 for each and every offense. A list of offenses shall include:
(ii)
All fines, charges and fees must be paid in full before water service will be restored.
(K)
Advanced metering infrastructure (AMI).
Effective immediately upon availability and installation of AMI technology the city will begin utilizing wireless data collection, remote monitoring of the water system for peak performance and system failures, as well as, irregularities in water usage to increase efficiency and lower operational costs.
(Ordinance 2022-0721A adopted 7/21/22)
(a)
Meters.
All water shall be furnished on a metered basis and a separate meter shall be installed for each family dwelling, business establishment, or property served with water and sewer. There shall be no dual connections or more than one user on a single meter unless a separate meter is requested by a business for landscaping.
(b)
Application for water connection; deposit.
(1)
It shall be unlawful for any person to make any connection to the mains or pipes of the waterworks system without first making application to the city, stating fully the several and various uses for which water is desired. If the application is approved by the superintendent of waterworks, a receipt will be issued upon payment of all deposits, fees and charges established by the city council. Each individual water line (service line) shall have its own cut-off valve installed between the city’s meter and house or building for private use and shall be maintained in good working order at all times. Service will not be turned on without verification of working cut-off [valve]. [There shall be a] service charge to customers requesting water to be turned off or on for repairs.
(2)
Any customer who desires service from the city water and/or wastewater systems shall make application therefor to the city, and must pay the required deposits at the time of application. All deposits shall be held by the city, without payment of interest thereon, until such service is terminated. Any unpaid balance owed to the city shall be deducted from the deposit and the remainder shall be refunded to the customer.
(3)
The city council shall, from time to time, establish by resolution [ordinance] a schedule of deposits required of all customers receiving water services.
(c)
Billing water charges.
On the first of each month, the city shall mail a monthly bill to all customers of the city’s water and wastewater systems. Payment shall be due on the fifteenth (15th) of the month. A delinquent charge will be added to the total amount if payment is made after the fifteenth (15th) of the month. A delinquent notice will be mailed to all delinquent customers on the sixteenth of the month. If payment is not received by the twenty-fifth (25th) of the month, including penalties, the city may disconnect service to the customer until all charges are paid.
(d)
Discontinuance of water service.
(1)
Water and/or garbage collection services may be discontinued for any of the following reasons:
(A)
Failure of a customer or user of the waterworks system to pay a monthly charge by the 25th day of the month shall be grounds for the city to disconnect the service so supplied; and such service shall not be resumed until the total amount due the city and the reconnection fee for the water service has been collected, regardless of the amount of the customer’s security deposit, with an additional charge after normal working hours.
(B)
A finding by the superintendent of waterworks that such customer is in violation of any of the acts prohibited by this article
(C)
If a customer is on the cut-off list for two (2) consecutive months without payment, the water account will be closed and the deposit will be applied toward the final bill.
(D)
Severe water leaks or sewer problems resulting in health hazard, waste of water, etc.
(2)
The water superintendent has the authority to disconnect service to any customer that has a problem with the water or sewer plumbing if he determines it to be a health hazard or could cause a health hazard. Service will be continued when the hazard has been eliminated.
(e)
Notice of disconnection.
Notice of disconnection of water service shall consist of a mailing or hand delivery to the customer at least ten (10) days prior to the date of disconnection.
(1995 Code, sec. 17-4; 1995 Code, sec. 17-4(A); 1995 Code, sec. 17-4(C); 1995 Code, sec. 17-4(E); Ordinance 92-0702, sec. III, adopted 7/2/92; Ordinance 92-0702, sec. VI, adopted 7/2/92; Ordinance 14-1120C, sec. 2, adopted 11/20/14; Ordinance 16-0622A, sec. 3, adopted 6/22/16; Ordinance 16-0622A, sec. 4, adopted 6/22/16)
No free water or utility service shall be permitted, and to the extent the city or any of its agencies or instrumentalities shall avail themselves of the services and facilities provided by the waterworks system, they shall pay therefor the same rates and charges as established for other customers.
(1995 Code, sec. 17-5)
It shall be unlawful for any person to do, commit or assist in the committing of any of the following acts:
(1)
To open or close any fire hydrant, gate valve or stop cock connected with the waterworks system, or lift or remove the covers of any gate valve or shut-offs thereof, without the permission of the superintendent of waterworks, except in case of fire, and then under the direction of officers of the fire department.
(2)
To interfere with, destroy, deface, injure or wantonly force open any gate or door, or in any way whatsoever destroy, injure or deface any part of any engine house, reservoir, standpipe, elevated tank, building or buildings, or appurtenances, fences, trees, shrubs or fixtures or property appertaining to the waterworks system.
(3)
To go upon or ascend the stairway or steps on any elevated water storage tank or standpipe of the waterworks system, except by permission of the waterworks superintendent and the city administrator.
(4)
To place any telegraph, telephone, electric light pole or any obstruction whatsoever within three (3) feet of any fire hydrant.
(5)
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 provisions of this code.
(6)
To place upon or about any fire hydrant, gate, valve or curb cock connected with the waterworks system any object, material, debris or structure of any kind or to interfere in any manner whatsoever with any of the waterworks, or to turn on the water after service has been disconnected.
(7)
To make or permit to be made any connections with the main, or service pipes, or the waterworks system, or to turn on or use the water of the system without first obtaining a permit therefor.
(8)
To remove any water meter that has been placed by the city, or to in any manner change, interfere with or tamper with any water meter; provided that the provisions of this section shall not apply to the employees of the city when acting in their official capacity.
(9)
To install or maintain any utility bypass or connection between the utility meter and the main source of supply, except as may be installed upon written permission from the city and the utility company, if any, furnishing such utility through a franchise granted by the city.
(10)
To use any utility after the same has been cut off by the city, its agents or the utility company furnishing such utility under a franchise granted by the city, without first having secured a new permit. The discovery of an unauthorized bypass as above mentioned shall be prima facie evidence that such bypass was installed by and maintained by the person by whom the utility service is received through such unauthorized bypass. Also, after a utility service has been turned off by the city, discovery that the utility meter valve has been turned on without authorization shall be prima facie evidence that the person or persons by whom the utility service is being received turned on such utility meter valve.
(11)
To receive water through the water meter of another after service has been terminated because of nonpayment of water bill, or to furnish water through one’s water meter to the property of another whose water service has been terminated because of nonpayment of water bill. The existence of any unauthorized pipe, hose, or other method of transmitting water between such properties, as the case may be, is in violation of the provisions of this section.
(12)
To connect or maintain any system of water lines through which water from a private well or water from any other source other than that furnished by the city may, under any circumstances, be introduced into or commingled with the city waterworks system.
(1995 Code, sec. 17-6)
All owners or occupants of buildings, or agents of said owners situated in any section of the city shall connect to the city sanitary sewer system if the city sanitary sewer system is available in a street, alley or other public way abutting the platted premises on which the building is located. It shall be the duty of such party or parties where such availability to the city’s sewer system exists or may hereafter exist, to construct or cause to be constructed suitable water closets on their property and to connect the same to the city sanitary sewer system, such connection to be made under the supervision of an inspector of the city and in accordance with the requirements of the plumbing and building codes and other ordinances of the city. It shall be the duty of all such parties to keep and maintain such water closets and connections in suitable working condition and free from obstruction. In the event such water closets and/or connections are not in suitable working condition and free from any obstruction, the city shall discontinue water service until satisfactory repairs are made.
(1995 Code, sec. 17-7)
It shall be unlawful and an offense for any owner, occupant or agent of an owner to occupy and use a building equipped with a septic tank within 90 days after having been given notice by the city to make connection with the city sanitary sewer system as provided for in this article.
(1995 Code, sec. 17-8)
(a)
It shall be unlawful for any person not residing within the city limits, or that is on city water service, to obtain water from the city’s reverse osmosis equipment. The residents or water customers of the city will be entitled to 1 (one) gallon of water per day for each member of the household.
(b)
Any person or organization who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in an amount in accordance with the general penalty provided in section 1.01.009 of this code and each and every violation shall constitute a separate offense.
(Ordinance 96-1205 adopted 12/5/96)
The city may extend water and sanitary sewer mains in the streets and alleys, or easements within the city limits in order to permit connections by those persons desiring water and sanitary sewer services. A charge, known as “pro rata,” shall be made against each lot or tract of land, and the owner thereof, whose water line shall be hereafter connected with any water mains in the city, shall be charged the rates set out in this section.
(1) Abutting foot. Approach main. Consumer. Developed area. Frontage. Off-site main. On-site main. Pro rata. Property owners. Service connection. Temporary line. Waterworks department.
Definitions.
Property contiguous and adjacent to a water and/or sewer line.
Lines required to interconnect property being developed with the existing water and sewer system.
The actual user of water from a city water connection.
An area is “developed” at such time as the city council has approved the final plat of a subdivision, and building permits have been issued.
Property abutting line either side of a water and/or sewer line.
Same as an “approach main.”
All water and sewer mains required within a subdivision.
A charge made against the consumer or property owner to pay for replacement or extension of water and sanitary sewer mains as provided for in this section.
The record title holder of premises served with water from a connection by the city.
A water or sewer connection extending from the main line to serve a consumer.
Any line constructed by a developer as an expedient to develop a particular area not required in the city’s ultimate development plan.
The water and sewer department of the city.
(2)
Pro-rata charges.
(A)
Authority to make.
The waterworks department may extend water and sanitary sewer mains in the streets, alleys or easements within the city limits in order to permit connections by persons desiring and seeking water service and sanitary sewer service.
(B)
Work to be performed by city or its contractor; exception.
Except as otherwise specifically provided, all water and sanitary sewer main extensions provided for in this section shall be laid, constructed and installed by the city directly, or by contract made by the city, or in any other manner specified by the city council.
(C)
Generally.
(i)
A charge, which shall be known as the “pro rata,” shall be made against each lot or tract of land, and the owner thereof, whose water or sewer line is connected with any water main or sewer main in the city under the terms of this section, and the charge shall be at the rates established by city council, which rates are a portion of the total cost of such water and sewer mains.
In the event the construction cost of the twelve-inch line exceeds the pro-rata charge provided under this section, the owner of abutting property shall pay one-half (1/2) of the actual cost of installing the line. Such cost shall apply to abutting property owners on each side of the street, alley or easement where a water and sewer main is located.
(ii)
The above front foot rates provided for in subsection (i) above shall apply to property fronting on a street in areas platted into the usual rectangular lots or tracts of land, with a depth not to exceed one hundred fifty (150) feet. Where lots or tracts have greater depth than one hundred fifty (150) feet from the street line and are occupied, or are to be occupied exclusively as dwelling places, then the additional depth shall not be assessed. If the property is later subdivided requiring an extension of mains to serve the same, then the terms of this section shall govern. On lots or tracts of land which extend through from one street to another, with frontage on both streets, and where the distance between the street lines is two hundred sixty (260) feet or more, then the pro-rata charges shall be paid on both frontages when a connection is secured to the lot or tract. Where lots or tracts of land are irregular in size or shape, the pro-rata charges shall be based upon equivalent rectangular lots or tracts using one (1) front foot for each one hundred fifty (150) square feet of area, or the pro-rata charges provided herein on average frontage of such tracts, whichever is smaller.
(iii)
Where lots or tracts are intended to be used for business, commercial or industrial purposes, or have a depth greater than one hundred fifty (150) feet from the front street line, the pro rata provided for in this section shall be paid on the frontage on all streets which the property may abut, minus one hundred fifty (150) feet of frontage for each corner of the property abutting a street intersection. Should such property be resubdivided whereby water or sewer main extensions are required to serve the same, the terms of this section shall apply and additional pro-rata charges shall be made based on such additional frontage.
(iv)
In addition to the pro-rata charge on water and sewer mains, the property owner must pay the tap charges as established by this section. Where a developer extends a water or sewer line through his subdivision and/or has paid his pro-rata cost of construction of such line, such developer is exempted from additional assessment under this section.
(3)
Extensions for individual owners.
(A)
Upon request of the owner, or his agent, of a given lot or tract of land accompanied by the payment of the charges due under this section, the city shall extend or cause to have extended, lay or construct all necessary sewer and water mains, including valves and hydrants, a distance of one hundred (100) feet plus the distance across the frontage necessary to provide the service for which application has been made. The applicant to be served shall be required to pay the charges provided for in this section. The owners of all intervening property served by the given main extensions shall be required to pay the charges provided for in this section at such time as their property is connected to the mains thus laid. Where an applicant for service secures an extension and service under this particular option for main extension, he shall pay the pro-rata charges on all property owned by him and which is served by the requested extension. In applying the one hundred (100) foot rule, the required extension of the main shall be figured in such a manner as to leave out of the calculations that portion of any main adjacent to property already having other than a temporary water service and for which the pro-rata charges thereon have been paid or credited under the terms of this section.
(B)
An exception to the above one hundred (100) foot rule shall be made where two (2) or more individual applicants desire water and/or sewer service and the nearest applicant is more than one hundred (100) feet from existing lines, in which case the city will extend or cause to be extended their mains upon payment of the charge due under this section, provided there is one customer for every one hundred (100) feet of such extension, excluding street intersections and that portion of the extension adjacent to property already having other than temporary water and/or sewer service.
(4)
Optional method.
(A)
At the option of the city, the following method for extending water and sewer mains may be used where the applicant’s property is more than one hundred (100) feet from an existing water or sewer main. This method shall be available only for use by an individual owner, person or corporation to secure water and sewer service for the individual’s residence or place of business. Where eligible for this option, the owner may advance and pay to the city the entire pro-rata cost set forth in this section on all property served by the desired main extension, and the city, when such money has been actually deposited with the city, will construct or cause to have constructed the desired water or sewer main along the street, alley or easement. When any property for which such person has advanced the pro-rata cost is connected to the main extension, then, in that event, the pro-rata cost so advanced on that particular property shall be refunded by the city to the person making the original deposit.
(B)
Where an extension is requested by an industry or a commercial concern using large quantities of water and such industry or concern cannot meet the requirements of one (1) customer per one hundred (100) feet of extension, such extension may be made at the discretion of the city council, provided forty percent (40%) of the estimated annual revenue from such customer will support interest and principal payments on a ten-year loan covering the cost of such extension, such loan bearing interest at a rate of six (6) percent per annum.
(5)
Extensions to property subdivided or platted for development and resale.
(A)
Where extensions of water and sewer mains are required to serve property which has been subdivided or platted for development and resale, and the final plat has been approved by the city council, the city shall construct or cause to have constructed such mains upon deposit of the total cost of such extensions, including the cost of approach mains fronting property not owned by the developer, but necessary to connect the area for which application is made with the city water and sewer system.
(B)
The developer will bear the total cost of construction of off-site or approach mains required to interconnect property to be developed with existing mains, the sizes to be determined by the city, and with the only refunds to be the pro rata as collected by the waterworks department.
(C)
Any refund to the developer shall not exceed the total of the pro-rata charges if this means has been used to calculate the cost of water and sewer mains.
(D)
In the event the construction cost of the twelve-inch line exceeds the pro-rata charge provided under this section, the owner of abutting property shall pay one-half (1/2) of the actual cost of installing the line. Such cost shall apply to abutting property owners on each side of the street, alley or easement where a water and sewer main is located.
(E)
There shall be a maximum of ten (10) years as the period of eligibility wherein the original depositor may request a refund of pro-rata payments under this section. In the event the abutting property is not developed during such ten-year period, no refund shall be made under this section. The period of eligibility shall begin as of the date of final inspection and acceptance of the extensions by the city.
(6)
Cost of on-site mains.
The developer will bear the total cost of on-site mains, with sizes to be determined by the city, except that the city will refund the increment of cost on water and sewer mains over twelve (12) inches in diameter proportionately as the frontage served is connected. The increment of cost borne by the city shall be determined on the basis of the difference between the price bid for twelve-inch water and sewer mains and the larger size required. In the event the bid price for mains larger than twelve (12) inches is not considered reasonable by the city, the city will not be obligated to proceed under the terms of this section. In the event the developer’s bid price does not reflect a twelve-inch installed price, the city will pay all costs in excess of the cost of a twelve-inch pipe delivered to the city, plus a fee in the amount established by city council.
(7)
Temporary lines.
Where temporary lines are constructed as an expedient to develop a particular area, such as across easements within the subdivision of which no frontage can be connected, or where sewers are constructed which otherwise are not required in the ultimate plan of development for sanitary sewer system, the developer will bear the total cost without refund.
(8)
Alternative plan.
(A)
At the option of the city as an alternative plan, a developer may be permitted to pay for the total cost of installation of water and sewer extensions, as provided for in this section, in lieu of paying the pro-rata charge provided for in this section. Upon approval by the city, a developer of an addition or plat shall design and prepare construction plans of water and sanitary sewer facilities, or either of them, to serve the subdivision, including any access or off-site facilities that may be required. These plans shall conform in all details to the city’s standards as to the design, grade, location, size and quality of materials and construction.
(B)
Plans and profiles submitted by the developer’s engineer shall be inked on standard twenty-two inch by thirty-six inch (22" x 36") sheets of tracing linen. Plans and profiles shall be shown at scales of not less than one (1) inch to one hundred (100) feet horizontal, and one (1) inch to ten (10) feet vertical. Plans and profiles shall show clearly all surface improvements, all existing or proposed subsurface utility lines and obstructions, and street and alley grades as approved by the waterworks department or city engineer. The engineer submitting the plans and profiles must be a registered professional civil engineer in the state, and he must affix his seal and signature to the tracings of all plans and profiles.
(C)
When the project is ready for construction, line and grade stakes will be set by the developer’s engineer, but these stakes will not be set until after the developer’s engineer has properly staked, on ground with iron pins, all points of curves, all points of tangency, all block corners, and all lot corners within the subdivision. All construction and installation of water and sewer mains shall be observed by inspectors of the city, and all construction contracts shall be let upon the city’s approved specifications for materials and performance.
(D)
Upon approval of the plans by the city, the developer may enter into a contract with any individual or may himself construct the system as so planned; provided, however, that the construction and installation of the water lines and sewer lines, or either of them, shall be observed by inspectors of the city, to see that the installation is made and tested in accordance with the plans and the city’s approved specifications, which in every instance shall be a part of the installation contract.
Testing required by the city’s approved specifications shall be performed by a testing laboratory meeting the approval of the city.
(E)
No installation of water and sewer mains shall be made at any other location except the dedicated street, alley, or an easement running in favor of the city, which shall be filed of record by the owner of the addition. Any such installation, when made, shall become the property of the city, free and clear of all encumbrances, and any contract entered into between the developer and a contractor shall provide for a performance bond such as the city uses in its approved specifications and contract documents. In the event the developer makes the installation himself, then he shall execute a performance bond in favor of the city in the same form and conditioned and in the same manner as provided for in the approved contract documents used by the city in the making of water and sanitary sewer installations.
(9)
Separate agreement for lift station or other special installation.
In the event a lift station or other special installation is required in connection with water or sewer extensions under this section, the same shall be installed under separate agreements between the city and the developer.
(10)
Exceptions to front-foot rule in determining charge.
The intent and purpose of this section is to provide an equitable charge for water and sanitary sewer connections as a proportionate distribution of the cost of water and sanitary sewer main extensions to serve property in the city on a front foot basis. In case property or a tract of land is so situated or shaped that the front foot rule creates an inequitable basis, as between it and other tracts of land in the city, then, in that event, the city engineer shall determine the proper charge in accord with the intent and purpose of this section.
(11)
Charges to be credited to water and sewer fund; refunds to be made from fund.
Any and all sums of money collected as a fee or connection charge, at the rates set out in this section, shall be credited to the water and sewer fund of the city. Refunds to a developer under this section shall be made from the water and sewer fund.
(12)
City not required to make extensions or participate in cost of oversize lines if funds not available.
In no event may the city be required to make extensions under the provisions of this section or to participate in oversize lines if there are no funds available on hand for the purpose.
(13)
Code not exclusive as to enforcing payment of costs.
Nothing in this code shall be deemed in any way to be an exclusive method of enforcing the payment of the pro-rata cost against the consumers and property owners, and this code shall not be deemed in any manner to be a waiver of the city’s right to validly assess the property owners and/or consumers concerned or cost of the installation of standard size water and sewer mains and to fix and enforce liens against such property, all of which may be done as provided by ordinance in the manner prescribed by law.
(14)
No vested rights.
No person shall acquire any vested right under the terms and provisions of this code.
(1995 Code, sec. 17-9; Ordinance adopting Code)