(a)
Each consumer of water living in a separate dwelling must have a
separate connection and a meter for each dwelling, business, establishment
or property served with water.
(b)
Provided, where a dwelling, business, establishment or property served with water is not in reach of a city water main, arrangements may be made, at the option of the city, to secure water from another supplier, in which case, the fees for this service will be charged as defined in the fee schedule in appendix A of this code.
(Ordinance 2017-04, sec. 15.01,
adopted 5/21/18)
There shall be a schedule of fees charged for water and services provided by the city water department and public works department. All fees charged by these departments shall be as included in the fee schedule in appendix A of this code. Fees shall be set by the city administrator/director of public works. Fees shall be set in such a manner as to promote as little burden as possible to the citizens while still allowing for the proper fiscal responsibility to both the water department and the department of public works. Fees shall also be set to encourage economic development and business growth within the city.
(Ordinance 2017-04, sec. 15.02,
adopted 5/21/18)
(a)
Any person desiring to have a premises connection to the water system shall make application therefor at the office of the city water department upon a form furnished for such purpose. The application shall contain provisions as provided in subsection (b) hereof and shall be signed by the person desiring water service or his duly authorized agent and shall be signed by the person desiring water service or his duly authorized agent [sic] and shall be accompanied with a meter deposit and tap fee as provided for in the fee schedule in appendix A of this code.
(b)
The aforementioned application shall contain:
(1)
Name of the owner of the property.
(2)
Legal description of the property, or name of street and house number.
(3)
Use of water with an agreement on the part of the person making the
application:
(A)
To pay for the water consumed at the rate prescribed by ordinance
at the time the water is consumed.
(B)
To recognize the right of the city to change the rate by ordinance
at any time.
(C)
To recognize the right of the city temporarily to discontinue water
service at any time without notice to the consumer, to install, repair
or remove a water meter or for any other proper cause.
(D)
Stating that the contract is subject to all the ordinances in effect
at the time of making the contract and which may be thereafter adopted.
(E)
Stating that the city shall not be responsible for any damage by
water or other cause resulting from defective plumbing or appliances,
and that the fact that an agent of the city has inspected plumbing
or appliances shall not be pleaded as a basis for recovery in case
of damages to the premises from defective plumbing or appliances installed
by the owner or occupant of such premises.
(F)
Providing that the city shall not be liable for damages resulting
from the interruption or failure of the supply of water, regardless
of the cause thereof, and that such failure for any reasonable period
of time shall not be held to constitute a breach of contract on the
part of the city nor relieve the consumer from performing the obligations
of his contract.
(Ordinance adopted 10/4/93; Ordinance 2017-04, sec. 15.03, adopted 5/21/18)
All pipe installed for the furnishing of water through the water
system, whether installation is made by the city or by other persons,
firms or corporations, shall be constructed at a depth of not less
than eighteen (18) inches below the gutter grade.
(Ordinance 2017-04, sec. 15.04,
adopted 5/21/18)
(a)
Any person, firm or corporation desiring to construct or extend or
make any extension to the water system for the purpose of installing
same in new additions or subdivisions, or for any other purpose whatsoever,
in or outside, and adjacent to the city limits shall be required to
file an application with, and to secure a permit from, the director
of public works or his/her designee authorizing said extensions, and
shall be required before receiving said permit to file with the same,
four (4) copies of plans and specifications of the proposed extensions,
including therein the point of connection with existing lines, and
any subsequent changes thereto, and before any action is taken thereon
the same will be submitted to a consulting engineer designated by
the director of public works and also to the chief engineer of the
state department of insurance and department of state health services;
said application shall contain the provision that said applicant agrees
that permission is thereby given to the agents of the city to inspect
all the work during its progress as often as may be desired; and the
applicant further shall agree that the plumbing work installed in
all structures to be connected to such extensions shall comply with
all applicable ordinances of the city and state laws, and that the
extensions or lines being constructed with all easements therewith
shall after the completion thereof be conveyed to the city without
costs and reservations of any kind.
(b)
In residential areas, no pipe shall be installed in the construction
of main water lines of less than six (6) inches in diameter looped,
and to all water lines installed in said area as therein provided,
there shall be also installed or replaced in said residential areas
a standard three-way fire hydrant with a maximum valve opening of
not less than five (5) inches, for every one thousand (1,000) linear
feet of line installed, or at the nearest street intersection, so
that all property situated in such residential areas of such installation
will be protected by a fire hydrant located not in excess of five
hundred (500) linear feet from all of said property. All street service
lines running from main water lines shall not be less than two (2)
inches in diameter.
(c)
In business, commercial and industrial areas, there shall be installed
pipe of not less than eight (8) inches in diameter, and a fire hydrant
shall be at every intersection as well as within a minimum of four
hundred (400) feet from all property situated in such areas. All water
mains and lines constructed within the city under this provision shall
be made of duly approved cast iron or any other material as will meet
the approval of the director of public works, as well as the consulting
engineer designated by the city.
(d)
All necessary mains, lines, fire hydrants, gate valves, meters, meter
boxes, and all other necessary fittings furnished and installed shall
be under the direction of the director of public works, and at the
cost of the property owner; such mains, lines, fire hydrants, meters,
meter boxes, gate valves and other fittings shall become the property
of the city following installation thereof, and the city shall have
full control, management, and jurisdiction of such mains, lines, fire
hydrants, meters, meter boxes, gate valves, and other fittings; and
the city shall have the right to receive all rents and revenues for
water service provided through such mains or lines.
(e)
Notwithstanding any other provisions of this code, the city shall
have no obligation to extend any water main inside or outside the
city unless the city council votes to do so and determines how and
by whom the cost thereof shall be paid.
(Ordinance 2017-04, sec. 15.05,
adopted 5/21/18)
All statements for water use shall be due and payable on or before the expiration of ten (10) days from the date the statement is mailed to the user. The water department shall be entitled to terminate service to any user who fails to pay the full amount due within the expiration of fifteen days from said due date. In the event services are involuntarily terminated for nonpayment, the city shall be entitled to collect additional fees before reconnecting services as defined in the fee schedule in appendix A of this code.
(Ordinance adopted 3/1/99; Ordinance 2017-04, sec. 15.07, adopted 5/21/18)
(a)
The city council hereby empowers the mayor to declare, from time
to time, in his discretion, a state of emergency with respect to the
availability or quality of water for supply to the residents within
the city and its extraterritorial jurisdiction.
(b)
In the event that the mayor declares a state of emergency pursuant
to this section, he shall then prescribe any limitations upon the
use of water, or shall take or order to be taken other appropriate
action as deemed by the mayor necessary to insure the health and safety
of all residents. In such an event, a statement of such limitations
or actions shall be communicated to each and every affected user on
the city water system, by mailing a notice thereof to the last known
mailing address of the user or, in the alternative, by mailing such
notice to the location of use.
(c)
Any action committed by the mayor pursuant to the terms of this section
shall be reviewed by the city council, at the next regular or special
meeting thereof. The city council shall retain the authority to rescind,
supersede or revise any actions previously taken by the mayor, or
to initiate any further actions deemed necessary by the city council.
(d)
Any person or entity who violates any use limitation established,
from time to time, in accordance with the provisions of this section,
or who fails to abide by any other action taken, or ordered to be
taken, in accordance with the provisions of this section, shall be
deemed a violator of this section.
(Ordinance adopted 9/12/88; Ordinance adopting 2020 Code)
Any person or entity who violates any use limitation established, from time to time, in accordance with the provisions of this article, or who fails to abide by any other action taken, or ordered to be taken, in accordance with the provisions of this article shall be deemed a violator of this article. Upon conviction, the violator of any provision of this article shall be punished by a fine in the amount established by the general penalty provided in section 1.01.009 of this code. Each day that said violation is unabated shall constitute a separate violation of this article.
(1993 Code, sec. 15.08; Ordinance
adopting 2020 Code)
The mayor of the city is expressly empowered to act as the administrator
of the city water system. In particular, the mayor is authorized to
administer and enforce the terms and provisions of this article and
to appoint such other persons as necessary to assist him in fulfilling
these responsibilities.
(1993 Code, sec. 15.09)
(a)
The mayor may order the suspension or termination of water service
to any user upon the system, upon such terms and conditions as the
mayor may deem appropriate, provided that good cause for such an order
exists. Good cause for an order of termination or suspension shall
be deemed to exist in the following circumstances:
(1)
When such termination or suspension would result in the abatement
or discontinuance of:
(2)
When the user has failed to pay any of the charges authorized and
incurred in accordance with the provisions of this article and for
which the user is liable;
(3)
When the user is deemed a violator of this article, in accordance with section 12.02.008 hereof;
(4)
In any other circumstance where termination or suspension of service
is deemed appropriate as a function of the inherent police powers
of this municipality.
(b)
The mayor shall not order the suspension or termination of service
to any legally connected user without due process.
(1)
In the event that the mayor shall formulate a belief that good cause
for termination or suspension of services exists, he will notify the
affected user of the circumstances giving rise to that belief of his
intention to order the termination or suspension of services, and
of the user’s right to object to the suspension or termination
of services prior to the entry of such order, in accordance with the
provisions of this article. Notice shall be given to all persons or
entities responsible for payment as to such services and to all adult
residents of the affected dwelling, by mail or personal delivery,
or by posting on the door of such dwelling, or by other means reasonably
calculated give actual notice.
(2)
If the suspension or termination of service is proposed upon a violation of subsection (a)(2) or (3) of this section, the affected user(s) shall be provided a reasonable opportunity to present their objections, and any evidence supporting same, to the mayor, prior to the entry of an order pursuant to the authority contained in this article. If the mayor thereafter determines that a good-faith dispute exists with respect to a proposed determination of good cause, then the affected users will be afforded an opportunity to request a hearing before the city council, for further consideration and final action, in accordance with the provisions described in subsection (b)(3) of this section.
(3)
If the suspension or termination of service is proposed upon a violation of subsection (a)(1) or (4) of this section, if the mayor has determined that a good faith dispute exists, in accordance with the foregoing subsection (b)(2) of this section, the affected user(s) shall have the right to request a hearing before the city council, prior to the entry of any order pursuant to the authority contained in this article, provided that such request shall be made within ten (10) days of the user’s receipt of any notice advising of the user(s) right to request a hearing. The user(s) shall be deemed to be in receipt of this notice whenever the notice is actually delivered by personal delivery or posted on the door of the residence, or whenever the user(s) obtain actual notice or within three (3) days following the mailing of such notice by [the city], whichever of these events shall first occur.
(4)
If a hearing before the city council is requested, it shall occur
at the next regular meeting of the city council. The city council
shall then give the affected user(s) an opportunity to provide any
information or evidence concerning the circumstances which have given
rise to the belief that good cause for termination or suspension of
services exists. The city council may hear similar evidence from any
other source interested in the proceeding and may call a witness to
appear and present information or evidence on its own accord. The
city council shall not be limited, by virtue of this provision, to
a consideration of only that information or evidence which is presented
within the context of this hearing. The city council may consider
information it has gathered or received from any source, at any time,
in making any of the determinations required by this section. After
providing the affected user(s) with an opportunity to present information
or evidence in connection with this hearing, the council shall render
a decision as to whether the mayor should order the termination or
suspension of service. The council may also recommend such additional
terms and conditions upon which the termination or suspension shall
occur. After rendition of the council’s decision and recommendations,
the mayor shall be obligated to make an appropriate order implementing
the council’s action.
(5)
If a hearing of the nature above described is not requested in a
timely manner, the mayor is expressly permitted to make such fact
findings, or perform such investigations, as necessary to implement
the provisions of this section, and, in this connection, the mayor
is expressly permitted to rely upon, or employ, other persons to assist
him in fulfilling these responsibilities.
(c)
The mayor may order the suspension or termination of services to
any illegally connected user immediately and without prior notice
to the affected user(s).
(d)
If water service is suspended or terminated in accordance with the provisions of this section, water service shall not be reconnected until the user demonstrates compliance with the terms of this article. Upon showing of compliance with the terms of this article, water service may be reestablished by the city upon payment of the fee set forth in the fee schedule in appendix A of this code.
(1993 Code, sec. 15.10; Ordinance
adopted 8/5/02; Ordinance adopting
2020 Code)
All new connections and extensions to the water system, and appurtenances thereto, shall be inspected and approved by the director of public works and/or the consulting engineer designated by the city, or their duly authorized representatives, before backfilling any part thereof. Upon conviction, any person, firm or corporation violating this provision is subject to the penalty in the amount established by the general penalty provided in section 1.01.009 of this code per violation and shall be compelled to uncover said extension or any part thereof, so that same may be fully inspected as provided herein. Each day that said violation is unabated shall constitute a separate violation of this code.
(Ordinance 2017-04, sec. 15.11,
adopted 5/21/18; Ordinance adopting
2020 Code)
It shall be the duty of all employees of the city, including
officers, elected officials, and members of the police force, to report
to the director of public works, upon forms furnished for that purpose,
any leaks or unnecessary waste of water that may come to their attention,
and also any violations of this article or any other ordinances of
the city relating to the water system.
(Ordinance 2017-04, sec. 15.12,
adopted 5/21/18)
