(a) 
Definitions.
Building official
is the officer or other designed authority charged with the administration and enforcement of the building codes.
Consumer
is the party using the service.
Customer
is the party in whose or which name the account is carried.
Department
is the gas system, the water system, the service [sewer] system, and the trash system of the city, herein called the “joint utility system.”
Manager
is the manager of collections and accounts of the departments or his authorized representative. The manager of collections and accounts shall be appointed by the city manager with the consent of the city council.
New commercial facility
is a structure designed and constructed as a place of employment where business is conducted, processed, or handled, and is a place used by the public.
New home
is a structure designed, constructed, and framed of component structural parts. The structure is strictly for supporting, sheltering, or housing people.
Owner
means the legal or equitable owner of the real property receiving service.
Service
means the sale or supply of gas, water, sewer collection, trash collection, and landfill disposal by the city to customers or consumers.
Service unit
means a unit in each service location that is under separate ownership, occupancy, or lease, including each owner, tenant, or occupant utilizing a portion of a single building or location.
(b) 
Rules of construction.
Words in the masculine or feminine form shall be deemed to include or relate to males and females and, when appropriate, to corporations, and words in the singular and plural number shall be deemed to include both the singular and the plural.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.101)
Any person charged with any offense specified in this article shall be charged under the appropriate statute of the state or this article. If such offense is in violation of the laws of the state, the violator will be prosecuted thereunder; if not, such a violation shall be an offense under this article and punishment shall be a fine in accordance with the general penalty provision found in section 1.01.009 of this code for each offense.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.127)
The city reserves the right at any time to revise or amend this article or the joint utility system’s rules or regulations pertaining to the supply of gas, water, sewer, and trash service. The city further reserves the right to disconnect or refuse service to any applicant, customer, or consumer who shall be found by the manager to have violated any provision of this article or rules and regulations of the joint utility system.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.136)
(a) 
The following rules of service, to the extent not in conflict with existing standards lawfully established, shall apply to the joint utility system and to all residential and commercial customers of the city.
(b) 
Except to the extent superseded by final rulings of the governing body, which is the city council, having jurisdiction, these rules, and subsequent additions thereto, are subject to modification, cancellation, or substitution, in whole or in part, by the city, and such cancellation, modification, or substitution shall become effective when approved by the city council.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.102)
(a) 
There is hereby created, for the operation of the gas system, water system, sewer system, and refuse system of the city, a gas, water, sewer, and sanitation department (herein called “joint utility system”). The joint utility system shall be administered by the city manager, who shall appoint such officers and employees thereto as may be necessary for the proper operation of the joint utility system. All present employees of the gas system, all present employees of the water system, and all present employees of the sewer system and the sanitation system are hereby transferred to and shall become the employees of the joint utility system of the city.
(b) 
The joint utility system is hereby authorized to promulgate rules and regulations approved by the city council and not in conflict with this article and the laws of the state and the United States of America.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.103)
If the joint utility system cannot provide service to a customer in the city limits, such as utilities that have not been extended to that customer as yet, the customer can use a water well, septic tank, or propane tank until the service has been extended. The city will provide sanitation service to customers living within the city limits. All customers are required to use the water, wastewater, and sanitation services of the city to ensure their safety from diseases.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.104)
(a) 
Before the city shall make any new installation to serve any premises with any of the joint utility system, an application for connection shall be made. The connection shall be in writing by the customer of the premises to be connected or by his authorized representative at the office of the manager of collections and accounts (herein “manager”). All new meter connections shall meet the currently adopted building code requirements. The application shall be made on forms provided by the city. The application shall state:
(1) 
The name of the applicant customer and the property to be served, with address and telephone number.
(2) 
The name of the owner if it is different from the applicant customer, with address and telephone number.
(3) 
The location of the property to be served described by its street address, legal description or otherwise.
(4) 
The type of service desired and the use for which the service will be required.
(5) 
Proper identification such as a driver’s license number and/or a social security number will be required. The applicant must grant permission for a credit check to verify the credit limit. Note: If there is no gas, water, or sewer main to which a connection can be made, the requirements to connect the service according to this article must be met before the application for the service will be accepted.
(b) 
The application shall become binding and effective when accepted and approved on behalf of the city by the manager and upon the deposit of such amounts as security for the payment of bills for services rendered, as provided herein, has been made by the customer. The application and its acceptance:
(1) 
Shall constitute a contract between the applicant and the city for installation of the connection and provision of the service;
(2) 
Shall constitute an agreement on the part of the applicant to abide by and be bound by all rules and regulations of the joint utility system now in force or hereafter relating to the supply and use of service; and
(3) 
Shall constitute further agreement on the part of the applicant to pay the rates now or hereafter fixed by the city for such service until the same is disconnected or discontinued.
(c) 
The city will require a reasonable deposit for service.
(d) 
The city may decline to serve any applicant who has not complied with the regulations or the appropriate joint utility system rules governing the service requested, including but not limited to the following:
(1) 
If the applicant’s installation or equipment is known to be hazardous or of such character that satisfactory service cannot be given, this constitutes a valid basis for refusal to serve.
(2) 
If the applicant is indebted to the city’s joint utility system, then service may be refused.
(e) 
The following do not constitute grounds for refusal to serve a prospective customer:
(1) 
Delinquency in payment for service by a previous occupant of the premises to be served, unless the change of the customer is made to avoid payment of a utility bill.
(2) 
Failure to pay for merchandise or charges for non-utility service purchased from the city. The gas incentive plan herein is part of the utility service and a customer must sign an agreement that they will never fail to pay the utility bill on the designated date.
(3) 
Failure to pay a bill to correct previous underbilling due to misapplication of rates more than six months prior to the date of application.
(4) 
Failure to pay a bill of another customer as a guarantor thereof, unless the guarantee was made in writing to the city as a condition to providing the service.
(5) 
Failure to pay a bill of another customer at the same address, except where the change of customer identity is made to avoid or evade payment of a utility bill.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.105; Ordinance adopting 2017 Code)
(a) 
Customers’ bills for gas, water, wastewater, and sanitation, or any combination thereof, furnished or served by or through the joint utility system shall be rendered to customers on a regular established day. This day shall be each and every month of the next succeeding month in which the service was received and shall be due within 10 days from the date rendered. The customer’s bills are payable at city hall and considered delinquent if not paid within such period. The city shall send second notices of pending discontinuance of service at least five (5) days prior to the disconnection date. The city will mail the bill to the address provided by the customer; however, the city is not responsible for the customer receiving the utility bill. The customer is not relieved from the service being discontinued by merely stating he never received a utility bill or a second notice.
(b) 
The city may discontinue service to a customer if: (i) in the event the bill has not been paid within 20 days after the date rendered; (ii) arrangements for deferred payment have not been made with the manager within fifteen (15) days after the bill has been rendered.
(c) 
The city may offer a deferred payment arrangement to any residential or commercial customer with a delinquent account. If offered, such arrangements shall be made under the following terms and conditions:
(1) 
The customer must agree to pay current and future bills in a timely fashion and pay the delinquent bill in reasonable installments.
(2) 
The size of the customer’s delinquent account, the ability to pay and payment history, the time the debt has been outstanding, the reason for such indebtedness and other relevant factors shall determine the type of arrangements offered by the manager.
(3) 
Service will not be discontinued so long as the customer complies with the terms of the deferred payment arrangement.
(4) 
If the customer fails to fulfill the terms of the deferred payment arrangement, the manager shall have the right to disconnect the service in accordance with this article without offering a subsequent deferred payment arrangement.
(d) 
The city may also discontinue service for any of the following reasons:
(1) 
A customer failing to pay a delinquent account or failing to comply with the terms of a deferred payment arrangement of a delinquent account.
(2) 
A customer violating the city’s ordinances or codes pertaining to use of service in a manner which interferes with the service of others, or the operation of non-standard equipment.
(3) 
Service or services will be discontinued without notice where a known dangerous condition exists, for as long as the condition exists.
(4) 
The city found unauthorized tampering with the meters or equipment or bypassing the same.
(5) 
A customer fails or refuses to repair or replace or have repaired or replaced any of the piping, appliances or equipment when notified by the city of their hazardous conditions.
(6) 
Fraudulent representation relating to the consumption of gas or water.
(7) 
A customer selling, delivering, or furnishing utilities to other persons either on or off the customer’s premises without written permission from the city.
(8) 
A customer using the joint utility systems for purposes other than as represented.
(e) 
Unless a dangerous condition exists, the city will terminate service only on normal workdays between 8:00 a.m. and 5:00 p.m., Monday through Friday, when personnel are available to the public for bill collections and service.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.106)
(a) 
Cash deposits to secure payment of charges for service or charges due upon discontinuance of service shall be made by the applicant in such amounts as authorized. The manager reserves the right to apply the deposit to payment of any or all charges for services provided upon failure of the customer to pay the charge when due or upon discontinuance of any or all classes of service.
(b) 
For residential service, the deposit for each class of service shall be as adopted by the city council. If verification of good credit is received either from a previous utility company or the manager, the deposit, at the discretion of the manager, may be waived. Without previous credit verification, the manager may charge the full deposit of three months’ estimated usage. Upon unusual circumstances, such as a frequent delinquent account, the manager of accounts will determine the required deposit.
(c) 
For commercial service, the deposit for each class of service shall be in an amount equal to three (3) months’ usage; provided that no security deposit shall be less than the amounts stated in subsection (b) of this section.
(d) 
In the event that no previous service has been rendered, the manager may set the amount of the deposit based on three (3) months’ estimated service.
(e) 
In the event that a customer shall, for any reason, fail to pay any charge for service provided for and required by this article, it shall be the duty of the manager to apply the deposit to the payment of the charges due. Upon payment by the customer, any amounts remaining after payment of the delinquent bill shall be applied to the customer’s security deposit.
(f) 
If a residential service is discontinued for nonpayment and the original deposit is insufficient, the manager may require an additional cash deposit.
(g) 
Upon nonpayment of the amount due, services (water, gas, and garbage) shall be discontinued on or about the 20th of each month. A fee as adopted by the city council will be charged for all reconnects. The manager shall levy an additional charge as adopted by the city council if the reconnection is required on a weekend, at night, or on a holiday. The owner or resident must be at home when the water and gas are reconnected. Any requests after 9:00 p.m. for a reconnect for nonpayment will not be made until the next day.
(h) 
The manager may return the customer’s deposit after six months providing the customer has paid the bill by the due date on a monthly basis. If a customer is consistently on the “cut-off’ list each month, then the city will continue holding that deposit to ensure the customer does not circumvent payment of a utility bill. The returning of the deposit will be strictly based on the manager’s judgment as to the ability of the customer to pay the utility bill.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.107)
(a) 
A consumer requesting gas and water service where no permanent service is available may receive such service upon the making of an application as provided in this article. When available, service shall be provided after payment of a deposit and after the payment of charges for making the temporary connection. The temporary service will meet all state requirements and the city’s ordinances and codes.
(b) 
A meter shall be installed to measure such service, but the amount of any such charge for temporary service shall not be less than the minimum monthly bill for each service.
(c) 
The manager will determine if the deposit is collected for a temporary service.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.108)
(a) 
Burning of waste.
No person, persons, or corporation shall burn, or cause to be burned, any garbage, trash, grass, or other refuse within the corporate limits, except in an incinerator that shall be approved by the city fire marshal, and [with] a permit obtained from the state commission on environmental quality, and excepting such burning as may be required to be done by the city in conducting the affairs of the city.
(b) 
Frequency of collection.
Garbage and trash shall be collected, hauled and disposed of in the residential, commercial and industrial districts or sections of the city as often as it is deemed practical and necessary for the good health of the community.
(c) 
Operation of landfill.
The sanitation landfill of the city and facilities thereon shall be under the control and supervision of the public works director or other officers or employees of the city appointed by the public works director. The public works director may adopt suitable rules respecting the care and keeping of the city’s landfill in a manner that meets [requirements of the] federal Environmental Protection Agency and the state commission on environmental quality. The city manager, with the approval of the governing body, shall cause to be assessed charges for dumping or depositing in the sanitation landfill as necessary.
(d) 
Hours of entry on landfill.
No person, persons, firm, or corporation, or their agents, shall be permitted to enter upon or use the city sanitation landfill for dumping operations except during the hours specified by notice posted at the gate at the entrance of the landfill.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.109)
(a) 
(1) 
It is the policy of the city to construct, install, operate, and maintain its facilities in accordance with generally accepted industry standards and the rules and regulations of appropriate regulatory authorities, and in such a manner as to best accommodate the public and prevent unreasonable interference with other utility services.
(2) 
The applicant customer desiring an extension of the city’s service shall make application to the business office at city hall in writing for the construction of all gas, water, sewer, and sanitation service facilities. The public works department shall provide an estimate of the work to be completed.
(3) 
All customer requests for service will be met as rapidly as possible under prudent operating practices. As a general policy, the city will seek to provide new services not involving line extensions or new facilities within seven (7) working days. Applications for services which require line extensions will be filled within ninety (90) days unless the availability of materials, manpower or other causes delays beyond the control of the city. This does not apply to newly annexed areas; the charter dictates the schedule for installing water, sewer, and gas services to these customers.
(b) 
Upon application for service, there shall be paid to the city the estimated cost for construction or the cost of an equivalent gas, water or sewer line, such cost will be based on the current city-wide gas, water, and sewer extension program, whichever is greater. This does not apply to annexed property because the charter spells out [how] the city will provide utilities to the homes and businesses.
(c) 
Where it is necessary to extend a gas, water, or sewer service outside the city limits and if the layout is less than or equal to seven years [sic], the city manager may extend the first 500 feet at no cost to the customer.
(d) 
Service lines abutting city property or benefiting city property shall obligate the city to pay a pro rata share of the cost.
(e) 
Expansion costs shall be paid prior to commencement of construction.
(f) 
Lines put in by other companies must meet the specifications and inspection requirements of the city.
(g) 
Gas and water lines extended beyond the corporate limits by rural water districts shall provide, in addition to other terms and conditions, a water meter for each customer or user as part of the cost of construction.
(h) 
Gas, water, and sewer service will, when practicable, be installed prior to paving. The city at its option may finance water and sewer extensions under the assessment and lien provisions of the state law.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.110)
(a) 
The joint utility system’s main lines may be extended beyond the corporate limits of the city into the county pursuant to the approval of the city council and pursuant to the charter. The cost of the extension shall be paid by the applicant requesting the extension. The city may require evidence of financial capability.
(b) 
Main lines may not be extended to any area outside the city’s corporate limits until a plat with dedicated easements for the service lines as well as public access has been prepared, approved, and filed in accordance with applicable laws and regulations.
(c) 
Meters for the joint utility system’s main lines extended beyond the corporate limits may be located and installed at the point where the line departs or leaves the corporate limits.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.111)
In the event any service location is subdivided or if additional service locations are requested to a location receiving service, the service installed for the original location shall be deemed to have been installed only to supply service to the specific service location. New service shall be installed and connected upon application as provided in this article. Additional service connections will be made to subdivided tracts only when the subdivision complies with applicable laws and regulations.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.112)
If, after a contract for the new service installation and connection has been entered into and necessary extension of the joint utility system’s main lines is required, the city shall make all street excavations and provide the service line from the main line to the property line. All installations and connections from the property line to the building shall be furnished and installed at the expense of the owner. The installation will be made under the direction and supervision of the city. The installation fee, if any, shall be paid before the joint utility system’s service shall commence.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.113)
(a) 
The city will make all reasonable efforts to prevent service interruptions and, when such interruptions occur, to re-establish service within the shortest time consistent with safe operating principles.
(b) 
The city is not and shall not be responsible for any loss or damage due to or occasioned by failure of service from any cause, including but not limited to the breakage of any line or the failure of equipment, or to the failure or interruption due to any act of God, including any failure in the consumer’s lines, apparatus, connections, or equipment.
(c) 
In the event of a national emergency or natural disaster resulting in the disruption of normal service, the city may find it necessary in the public interest to interrupt service to other customers in order to provide temporary service to civil defense or other emergency service agencies to civil defense or other emergency service agencies [sic] until normal service can be restored.
(d) 
If the department responds to a customer’s call to investigate a service interruption or failure and if the failure or interruption is determined to be due to the failure of the line, equipment or attachments thereof which by this article are the responsibility of the consumer, the charge of the actual costs incurred by the city in making such service call, including the cost of equipment and personnel, may be added to the service bill of the customer for the next billing period.
(e) 
The city will maintain a record of all major service interruptions and notify the appropriate regulatory authorities, if required, within 48 hours of their occurrence.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.114)
(a) 
The city reserves the right without notice to temporarily disrupt services for the purpose of making repairs or extensions and for such other purposes as the city in its discretion determines necessary. Insofar as possible, the city will give notice to the customer of such disruption of service and the duration thereof.
(b) 
For nonpayment of utility bills on or after the 20th of each month, the city reserves the right to discontinue services of the joint utility system. Customer bills are due and payable at the business office in the city hall on or before the 10th of each month and are considered delinquent if not paid within such period of time. The city may also discontinue service upon the written request of the customer. Except to the extent set out by this section, the city is not and shall not be liable for any loss or damage resulting from a discontinuance of service.
(c) 
Services provided to a customer or group of customers shall terminate automatically upon written approval from the appropriate regulatory authority for removal or abandonment by the city of the portion of its system from which such customer(s) receive service.
(d) 
(1) 
Should the city fail to discontinue service, the city’s liability shall be limited to the forfeiture of the right a customer service received from the joint utility system under the following circumstances:
(A) 
If, after written notice to discontinue service, the city has failed to disconnect the service;
(B) 
The city has attempted to discontinue service but such service has not been completely discontinued;
(C) 
The city has completely discontinued service and a leak develops so that gas or water enters the customer’s pipe or property from the city’s main.
(2) 
Except to the extent set out by this section, the city is not and shall not be liable for any loss or damage resulting from incomplete discontinuance of service. Note: Should a customer wish to avoid possible damage to their building from either gas or water incomplete discontinuance, the customer shall rely exclusively on a licensed plumber who has privately owned cut-offs and not on the city’s cut-off. Also, the customer (and not the city) shall be responsible for ensuring that the customer’s plumbing is properly maintained and the property and facilities are kept properly.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.115)
(a) 
(1) 
Metering devices shall be installed by the city:
(A) 
In a vertical position;
(B) 
In a location protected from freezing, if applicable; and
(C) 
In a location readily accessible for reading.
(2) 
The city reserves the right to provide or request protective covering for the meter. All meter boxes or vaults shall be installed by the city.
(b) 
The city shall specify the fittings and equipment for installation of meters. The water meters and boxes or gas meters shall be placed on city property or public property with proper easement and shall control the supply of gas or water only through those meters. All pipes, cocks, valves and boxes shall be installed by the city.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.116)
(a) 
The city will, upon written request from the customer, make a test of the accuracy of the meter servicing the customer. The customer will be informed of the time and place of the tests. The city may send the meter to a meter testing facility instead of testing the meter because of the lack of manpower or equipment. If the test is conducted by the city, the customer, or a designated representative, may be present to witness the test. The test will be conducted in accordance with the following requirements:
(1) 
If no such test has been performed within the previous ten years for the same customer at the same service location, the test will be performed without charge. If such a test has been conducted for that customer at the same location within the last four years, he will be charged a fee as adopted by the city council. The city will promptly inform the customer of the meter test.
(2) 
If the meter is found to be reading more than 3% slow or fast, the test fee, if any, will be refunded to the customer.
(3) 
If any such meter test reveals a meter to be reading more than 3% slow or fast, the city will correct previous readings of the customer’s meter for the shorter of:
(A) 
The last six months; or
(B) 
The amount of time elapsed since the last meter test.
(4) 
Any underbillings or overbillings resulting from such meter inaccuracies will be corrected on subsequent bills unless service is terminated; in such case the city will make a monetary adjustment with the customer. If the discovered error was to the city’s advantage, it may waive any bill corrections.
(b) 
If a meter is found not to register for any period of time, the city may make a charge for units used but not metered for a period of three (3) months previous to the time the meter is discovered not registering. The determination of amounts used but not metered will be based on consumption during like periods by the same customer at that location, or, if such information is unavailable, then on consumption under similar conditions at the same or other locations by other customers.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.117)
(a) 
The city reserves the right to inspect any premises, including buildings, which the city provides service. Inspections shall be at reasonable hours. Access shall include the right of the city to enter upon premises to read the meters, and examine the location or condition of metering devices, lines or pipes, fixtures, and equipment used in connection with the service.
(b) 
If any customer or owner of any property receiving service shall refuse entry or prevent or interfere with the inspection provided for in this article, the manager may hereby discontinue the service to such premises if the possibility of health, welfare, or safety of any person or the public is in danger. The gas and water service shall not be reconnected to such premises until:
(1) 
The inspection is completed; and
(2) 
The gas and water discontinuance charge and the gas and water reconnection charge have been paid.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.118)
(a) 
All charges for service shall be billed to the customer monthly. The billing shall be on a regularly established day of each and every month and shall be for service provided in the prior month.
(b) 
Charges shall be due and payable on the 10th of each month. In the event that charges are not paid by the 20th of the month, gas and water service may be discontinued and shall not be reconnected to the customer until the arrears with interest and penalties have been fully paid. Penalties shall include and not be limited to the cost of disconnection and reconnection.
(c) 
The joint utility system charges shall be billed jointly. The bill shall show the separate charges for each service.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.119)
(a) 
If a consumer disputes the charges billed and it is shown that the metering device is registering usage incorrectly, charges may be adjusted by the manager on the basis of estimated usage shown by an average of previous charges for a like seasonable period determined for a period when the meter registered properly.
(b) 
In the case of disputed charges in the prior month’s billing, the customer may request a meter test. Upon completion of the meter test, adjustment may be made pursuant to subsection (a) of this section.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.120)
All revenue collected from the operation of the joint utility system, including monies from the collection of charges for gas and water service and for the use of the sewer disposal system and for the collection of refuse, and including monies from the sale of any property or material connected with the joint utility system, shall be placed to the credit of the gas, water, sewer, and sanitation fund for the use in the operation of the joint utility system as provided by law.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.121)
Without prior approval of the city, no consumer shall in any way, by sale, gift, or otherwise, provide service or permit another to attach to or utilize service connections or equipment for any purpose.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.122)
Except as now or as may hereafter be authorized and approved by this article and regulations of the joint utility system, it shall be unlawful for any person, by any means or in any manner, to receive, consume, utilize, or in any manner divert or appropriate to his own use or to use of another without payment therefor any service belonging to and made available by the city. All services shall be supplied and furnished by the city in accordance with this article and rules, regulations, and state laws governing utility services to a customer.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.123)
It shall be unlawful for any person by any means or in any manner to break or remove any seal or device used in discontinuing utility service. It shall further be unlawful for any person for any reason or by any means or manner to reconnect or to use any service after the service has been discontinued.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.124)
(a) 
It shall be unlawful for any person, by any means or in any manner, to cause a gas or water meter to incorrectly register a gas or water service. It shall be further unlawful for any person to tamper with or in any manner damage or destroy such meters or registering devices.
(b) 
It shall be unlawful for any person to tamper with any gas or water main, fire main, gas meter, water meter, sewer line, or garbage bin, or to make any connection to the gas, water, and sewer system or to use a garbage bin without written permission from the city. It shall be unlawful for any person to reconnect service when it has been discontinued.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.125)
(a) 
Damaging equipment.
It shall be unlawful for any person to remove, destroy, injure, deface, or in any way harm any gas pipe, water pipe, hydrant, faucet, valve, meter or meter box installed in and by the city for its use or the use of the public.
(b) 
Unlawful use of gas.
It shall be unlawful for any person to take gas from a pipe or water from any hydrant, faucet, or pipe without the proper authority to do so.
(c) 
Stealing equipment.
It shall be unlawful for any person to carry off any tool, apparatus, or any property or equipment belonging to the city.
(d) 
Opening hydrant or other water pipe.
Without lawful authority to do so, it shall be unlawful for any person to open any fireplug or water hydrant or other water pipe belonging to the city and permit or allow water to be turned out of or run out upon the ground.
(e) 
Unauthorized use of garbage bin.
Without lawful authority to do so, it shall be unlawful for any person to use a garbage bin without authorization or proper application for service.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.126)
(a) 
All bills for gas, water, wastewater, and sanitation, or any combination thereof, furnished or served by or through the joint utility system shall be rendered to customers on a regular established day. This day shall be each and every month of the next succeeding month in which the service was received and shall be due within 10 days from the date rendered. In the event said bills are not paid within 20 days after the date rendered, services served to the customer by the joint utility system shall be discontinued unless prior arrangements have been made with the accounts manager. Only under severe circumstances will any service be allowed to extend beyond 40 days after the date when the bill is rendered. Customers participating in the incentive plan must sign an agreement to pay that the incentive will not prevent payment of said bill within 20 days after services are rendered. The charges due shall be collected, including but not limited to the cost of disconnection and reconnection. Gas, water, wastewater and sanitation with other charges shall be billed jointly, and each such joint bill shall show separately gas, water, wastewater, sanitation, and other charges.
(b) 
A customer with a balance on the incentive plan that requires a disconnect, whether requested by the customer or the city, will be required to pay in full the total bill including the incentive plan.
(c) 
Amounts greater than $500.00 shall be subject to a lien on the owner’s property until the incentive plan is paid in full.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.135)
The gas rates for residential, commercial, industrial, and governmental services shall be as adopted by the city council.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.137)
The water rates for residential, commercial, industrial, and governmental services shall be as adopted by the city council.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.138)
The sewer rates for residential, commercial, and governmental services shall be as adopted by the city council.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.139)
The sanitation rates for residential, commercial, and governmental services shall be as adopted by the city council.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.140)
The city manager and his staff have provided that the funds: the water fund, the wastewater fund, the sanitation fund, and the gas fund, shall be kept separate from all other departments of the city. The joint utility system will be tested by the auditors at the end of the fiscal year for the bond requirements as specified in section 13.02.035.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.141)
(a) 
Rates for all services by the joint utility system shall be reasonable and just, taking into account and consideration the cost and value of the joint utility system and the proper and necessary allowances for the depreciation thereof and the amounts necessary for the retirement of all bonds and other securities or obligations payable from the revenues of the joint utility system including reserves; therefore, there shall be charged against all purchasers of service, including the city, such rates and amounts as shall be adequate to produce revenues annually in each fiscal year to pay the annual operation and maintenance expenses of the joint utility system and two hundred percent (200%) of both the principal of and interest on bonds and any other obligations payable annually from the revenues thereof (excluding the reserves therefor), all of which revenues, including those received from the city, shall be subject to distribution to the payment of the cost of operating and maintaining the joint utility system and the payment of principal of and interest on all obligations payable from the revenues of the joint utility system and the payment of principal of and interest on all obligations payable from the revenues of the joint utility system [sic], including reasonable reserves therefor; no free service, facilities nor commodities shall be furnished by the joint utility system.
(b) 
Net revenues means the revenues of the joint utility system after deducting operation and maintenance expenses. Operation and maintenance expenses are defined as all reasonable and necessary current expenses of the city, paid or accrued, of operating, maintaining and repairing the joint utility system, and includes, without limiting the generality of the foregoing, legal and overhead expenses of the various city departments directly related and reasonably allocable to the administration of the joint utility system, insurance premiums, reasonable charges of depository banks and paying agents, contractual services, professional services required by any bond ordinances, salaries and administrative expenses, labor, and the cost of materials and supplies used for current operation, but does not include any allowance for depreciation, liabilities incurred by the city as a result of its negligence in the operation of the joint utility system, extensions, enlargements or betterments, or any charges for the accumulation of reserves for capital replacements.
(c) 
The city shall provide that the funds of the joint utility system be kept separate from the funds of all other departments of the city and that the net earnings of the joint utility system be appropriated for the necessary requirements of any of its systems. The city shall provide that any surpluses remaining after payment of the following (listed by priority) may be transferred to the city’s general fund:
(1) 
Operational and maintenance expenses of the joint utility system;
(2) 
Payment of debt service on the joint utility system’s outstanding debt (including any reserves established) therefor; and
(3) 
System improvements, enlargements, or replacements.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.142)
The city shall not operate a segment of pipeline unless it is maintained in accordance with this article. Each segment of pipeline that is not safe must be replaced, repaired, or removed from service. Hazardous leaks must be repaired properly in accordance with the city’s leakage control program. The city shall follow the leak grading guideline, wherein the Grade 1 leak is described and repaired as follows:
(1) 
Grade definition.
A leak that represents an existing or probable hazard to persons or property and requires immediate repair or continuous action until the conditions are no longer hazardous.
(2) 
Priority of leak repair.
Requires prompt action to protect life and property and continuous action until the conditions are no longer hazardous. The prompt actions in some instances may require one or more of the following:
(A) 
Implementation of city’s emergency plan.
(B) 
Evacuating premises.
(C) 
Blocking off an area.
(D) 
Rerouting traffic.
(E) 
Eliminating sources of ignition.
(F) 
Stopping the flow of gas by closing valves or other means.
(G) 
Requesting assistance from the police and fire departments.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.128)
The city will perform pipeline markings as follows:
(1) 
For buried mains, place and maintain markers as close as practical over each main:
(A) 
At each crossing of a public road;
(B) 
Wherever the possibility of damage or interference [exists] except: in Class 3 or 4 locations:
(i) 
Where placement of a marker is impractical; or
(ii) 
Where a program for preventing interference with underground pipelines is established by law.
(2) 
For above ground, place and maintain markers along each section that is in an area accessible to the public.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.129)
(a) 
Assignment of work.
The public works director will assign work with specific instruction concerning the assignment.
(b) 
Responsibility of designated employee.
The employee designated is responsible for getting the work done and for making out the required reports.
(c) 
Responsibility for construction and maintenance.
Under normal operating procedures, contract crews and employees are responsible for the construction and maintenance of the mains, services, city regulator settings, all meter settings, valves, and all equipment necessary to operate the distribution system.
(d) 
General standards.
Once started, repair and replacement of leaking mains, relocating, lowering, and reconditioning mains shall be done as quickly as possible. During this construction and maintenance, ditches and bell holes shall be barricaded and flared in accordance with involved city, state, and federal codes. Buried steel pipelines and mains shall be installed with a cover not less than 30 inches. Where this cover cannot be obtained, the main shall be encased or designed to withstand heavy external loads. There shall be a minimum of 12 inches of clearance between pipelines or mains and other underground structures, or other protection provided. On lines other than PE carrying pressures in pounds, in order to prevent gas from escaping in large volumes, a suitable fitting such as manufactured by T.D. Williamson Company or Mueller Company shall be welded on the line, tested, and plugged off to control the flow and make the work area safe. The replacement of the pipe shall be installed either by welding or with suitable couplings making tight seals. Precaution shall be used in backfilling and tamping to prevent caving of the trench wall. The ditching and construction policy shall be as follows:
(1) 
The contractor will furnish the director of public works with a schedule and plans, to include but not limited to the ditching methods planned, at least a minimum of seven days prior to any construction starting.
(2) 
All pavements, curbs, and gutters must be saw cut.
(3) 
All trenches must be backfilled with suitable material. The compaction must be a minimum of 95 percent modified proctor, and the contractor cannot compact and work more than fifty feet of the trench by hand at any one time. The lifts must be placed in eight-inch uncompacted soils and must be six-inch compacted lifts at the 95 percent modified proctor.
(4) 
The backfill material must be approved by the public works director prior to hauling to the site.
(5) 
The contractor will haul the excavated dirt and asphalt to the landfill. He is responsible for all landfill costs to dispose of the material.
(6) 
The trenches must have at least four inches of hot mix as backfill to complete the replacement of the street.
(7) 
The contractor is responsible for sweeping and cleaning the street and curbs after completing the work.
(8) 
The company placing new pipelines in the streets is responsible for ditches and curbs after completion of the project.
(9) 
The city will spot all its utility lines for the contractor prior to construction. Still, it is the responsibility of the contractor to request the spotting of the lines. If any of the city’s lines are damaged, the contractor is liable for the cost of repair, including labor and material, the loss of product and cleanup of any environmental damage.
(10) 
The contractor must leave access to the residences and businesses during the placement of pipelines in the streets.
(11) 
The contractor will have reflective barricades and warning lights blocking the construction site and trenches that are open. This will be required during the day and night. The barricading of a construction site must be approved by the public works director. Also, the public works director may require a night watchman to patrol the construction site, if deemed necessary.
(e) 
Meter settings.
All meter settings, services, and fittings shall be installed in accordance with appropriate city standards. Care shall be taken to ensure that pipe is not “wrinkle bent” during any bending process. When a new service is contumacious, in order to stop the flow of gas if the inlet valve were turned on, a plug or cap shall be installed downstream of said valve, until the meter is set. When a Class I, II, or III meter is set and found to pass more than 1/10 cubic feet in 5 minutes with appliances turned off, then the service shall be turned off. The meter shall be pulled out and the service plugged. For larger meters under the above leakage condition, the employee shall contact his supervisor on whether to pull the meter or secure the meter in a safe manner. When rebuilding old or outmoded settings, care shall be used to see that the newly completed work complies with the applicable city standard.
(f) 
Inspections.
Each new pipeline or main constructed shall receive adequate inspection. The inspectors shall be qualified by either experience or training, and their name and title shall be noted on the completion report of each installation.
(g) 
Flat caps, miters, wrinkle bends, and flat faced flanges.
All pipe bends are to have a smooth contour, free from wrinkles, buckling, cracks, or any other mechanical damage, and the longitudinal weld must be as near as practicable to the neutral axis of the bend. All bends should be made on a bending jig. Flat caps and miter joints shall not be permitted. No raised faced flange will be joined to a flat faced flange. Metal or metal jacketed gaskets shall not be used with flat faced flanges; use an asbestos composition gasket with the gasket extending at least to the inner edge of the bolt holes of the flange.
(h) 
Material specifications.
All pipe and materials shall be manufactured and marked in accordance with listed city standards.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.130)
The lines to be abandoned shall be disconnected from all gas sources and the gas in the lines shall be purged, taking care that no explosive mixture is formed or left in the lines. The ends shall then be sealed. When inlet risers are removed, the service shall be “killed” at the main. When a meter is pulled and both the inlet and outlet risers are left standing, and then a plug or cap shall be placed on the open ends of both the inlet and outlet risers.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.131)
Service lines previously abandoned shall be tested (with air or gas) in the same manner as new service lines or at 100 psig, whichever is greater. Services temporarily disconnected for planned work shall be tested as a new service from the point of disconnect to the meter. A work order from city hall shall be used on each service line so tested and reactivated, with the test pressure noted thereon. This work order shall remain in the files for the life of the facility.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.132)
Repairs of dents and gouges shall be made in accordance with city standards. If feasible, the segment of main shall be taken out of service and a section replaced with similar or greater strength of pipe. If it is not feasible to take the main out of service, a full encirclement welded split sleeve of appropriate design may be installed. All replacement pipe shall be strength tested to 1-1/2 times the maximum allowable operating pressure. The tie-in welds shall be visually inspected and also tested for leaks at the operating pressure.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.133)
(a) 
By examining leak history records, the city manager shall comprise a committee to maintain continuing surveillance and reports needed for any action concerning:
(1) 
Changes in class location.
(2) 
Future possible failures and incidents.
(3) 
Changes in leak history and need for increasing or changing surveillance.
(b) 
The committee shall review all incidents and, in addition, they shall make certain (where appropriate) that samples of dirt, pipe, or fittings involved [are obtained] in all failures reported.
(Ordinance 91-3 adopted 11/18/91; 1998 Code, sec. 11.134)