A. The
city may provide or allow water service to persons outside its boundaries
when the manager finds, and the city council concurs, that such service
shall not adversely affect the water service within the city and that
a surplus of water and pipeline capacity exists.
B. In
the event that, because of increased usage or other causes, service
outside the city becomes adverse to the city's interests or the interest
of city customers located within the city, or surplus water and/or
pipeline capacity is no longer available for such outside use, the
city may discontinue or disconnect the service outside the city one
hundred twenty days after the city gives written notice to the person
or premises receiving the water that such outside service is to be
terminated.
C. Except
as set forth in this section, the rules and regulations of the city
shall apply to all customers outside the city.
D. Rates
and charges to all customers outside the city shall be one hundred
fifty percent of the applicable rates and charges, set forth in Article
VI of this chapter.
E. Prior
to receiving service, a customer outside the city shall deposit an
amount equal to six months of the city's applicable rates for water
service.
F. The
supply of water to persons outside the city shall not create a vested
right with the person outside the city to continue to receive water
service from the city nor any credit or refund for improvements made
to receive such water service.
(District code Ch. 7 Art. I § 8.01)
A. Before
temporary service can be supplied through a fire hydrant, the applicant
shall receive the city's written approval and a fire hydrant permit.
B. All
fees and deposits under the fire hydrant permit shall be paid prior
to permit issuance. Monthly city equipment rental charges, deposit
amounts, and water usage fees shall be set by resolution in the city's
book of imposts.
C. Application
Procedure.
1. The
applicant shall pay a nonrefundable application fee for connection
to a meter or outlet of locations and conditions at city manager's
discretion. In addition to the application fee, the applicant shall
pay a nonrefundable maintenance fee for future maintenance, testing
and recalibration of the city's equipment.
2. An
approved reduced pressure backflow prevention device may be required
by the city for temporary water service per the city's cross connection
control policy. If such a device is required by the city, the applicant
may rent a backflow device from the city or provide his or her own
device. In either case, such device must be tested and approved by
the city prior to any water being used through the device. If the
applicant supplies his or her own device, he or she will be charged
a nonrefundable backflow device testing fee.
3. In addition to the fees described in subsections
1 and
2 of this section, the applicant shall make a quantity rate deposit toward monthly charges and water usage to be determined by the city based on the estimated duration of the temporary service and the estimated quantity of water to be used. Any overpayment shall be refunded upon verification of the final meter reading and duration of temporary service. Any excess charges shall be billed to the applicant.
4. In addition to payments under subsections
1 through
3 of this section, the applicant shall also pay a deposit for all city equipment to be rented. The deposit amount shall be determined by the city based upon the replacement cost of all items rented, including administrative costs. Upon termination of temporary service and return of all rented equipment, the city shall refund the deposit if the equipment and the outlet to which it was attached have not been damaged.
5. All charges imposed above (subsections
1 through
4 of this section) shall be paid in advance of service.
6. Rates
for temporary service through a fire hydrant shall be set by resolution
in the city's book of imposts.
D. Water
Trucks.
1. All
water trucks utilizing a fire hydrant within the city as a water source
must obtain a fire hydrant permit from the city, and be equipped with
an approved air gap separation device or use an approved reduced pressure
backflow preventer when filling the truck's water tank.
2. All
water trucks wishing to utilize an air gap separation device instead
of an approved backflow prevention device must pay a nonrefundable
inspection fee to the city, be inspected and approved by the city,
and display the city-issued "Air Gap" sticker on the truck at all
times when pulling water from a hydrant within the city.
3. City-issued
air gap stickers are good for two years from the month of issuance.
All trucks must be inspected bi-yearly in order to continue to use
air gap separation instead of a backflow prevention device for all
water usage through a fire hydrant within the city.
E. Fire
Hydrant Permit Conditions.
1. The
city may designate a particular hydrant or hydrants to be used under
a particular permit. Any hydrant restrictions will be noted on the
face of the fire hydrant permit.
2. The
permit or a complete copy shall be kept at the job site or in the
water truck and upon request must be shown to any representative of
the city.
3. The
permit is valid for one year from the date of issuance. In order to
continue to obtain water through a fire hydrant after one year, the
permittee must bring in the meter/backflow unit for inspection and
an intermediate meter reading and apply for reissuance of the permit.
4. The
permittee shall so conduct his or her operations as to offer the least
possible obstruction and inconvenience to the public. The permittee
shall be solely and completely responsible for the safety of all persons
and property surrounding the hydrant or work area.
5. The
permittee shall take whatever precautions necessary to prevent damage
to all existing improvements, including above ground and underground
utilities, trees, shrubbery that is not specifically shown to be removed,
fences, signs, mailboxes, survey markers and monuments, buildings,
structures, the city's property, adjacent property, and any other
improvements or facilities within or adjacent to the work area. If
such improvements or property are damaged by the permittee's operations,
they shall be repaired or replaced at the permittee's expense, to
a condition at least as good as the condition they were in prior to
the start of the permittee's operations.
6. The
permittee must replace all improvements in city rights-of-way and
within public streets to a condition equal to or better than what
existed prior to his or her entry onto the job.
7. All
public or private facilities, including but not limited to gravel
surfacing at existing canals, structures, telephone cables, roadways,
curbs, gutters, parking lots, private drives, levees and embankments
for creeks, ponds and reservoirs disturbed during construction shall
be repaired or replaced by the permittee to match facilities existing
prior to construction. In addition, the permittee shall be responsible
for any settlement damage to such facilities or adjoining areas for
a period of one year after acceptance of such facilities.
8. The
permittee shall adopt all practical means to minimize traffic interference
and public inconvenience, discomfort or damage. The permittee shall
protect against damage to any pipes, conduits, or other structures
crossing the trenching or encountered during the work and shall be
responsible for any damage done to such pipes or structures, or damage
to property resulting therefrom. The permittee shall repair or replace
any such structures without delay.
9. In
the event that the permittee refuses or neglects to make good any
loss or damage for which he or she is responsible under this permit,
the city may itself, or through the employment of others, make good
any such loss or damage; the cost and expense of doing so, including
any reasonable engineering, legal or consultant fees, and any costs
for administrative and managerial services, shall be charged to the
permittee.
10. The permittee agrees to operate the hydrant main valve and any other
valves used to control the flow of water with a pentagon spanner-type
fire hydrant wrench only. Use of pipe wrenches or other devices which
damage or deform the bronze operating nut is strictly prohibited.
All hydrant outlet caps shall be replaced when the hydrant is not
in use. Permanent attachments to fire hydrants are not permitted.
Fire safety dictates that attachments to hydrants shall be removed
at the end of each work day. Permittee shall cease using water from
any fire hydrant at any time upon request of the city manager or designee.
11. The permittee will be billed a monthly charge for rental of city
equipment in the amount specified by resolution in the city's current
book of imposts.
12. Water usage through the meter shall be paid first from the initial
water usage fee, then from the deposits paid for city equipment.
13. Deposits for city equipment shall be refunded upon return of the
equipment to the city, less appropriate deductions for water used
over the initial water usage fee and for items or elements lost, damaged,
stolen, or otherwise rendered unusable as determined by the city.
If the deposit amount does not cover all water usage fees above the
initial amount paid and the repair or replacement of any damaged city
equipment, the permittee will be billed directly.
14. The hydrant meter and backflow assemblies must be used in the proper
configuration at all times when obtaining water from any fire hydrant
within the city.
15. The permittee specifically obligates him or herself and hereby agrees
to protect, hold free and harmless, defend and indemnify the city,
and each of its officers, employees and agents, from any and all liability,
penalties, costs, losses, damages, expenses, causes of action, claims
or judgments, including attorney's fees, which arise out of or are
in any way connected with the permittee's, his or her contractor's,
or his or her subcontractor's agents, employees and representatives,
resulting in liability irrespective of whether or not any acts or
omissions of the parties to be indemnified hereunder may also have
been a contributing factor to the liability.
16. In any and all claims against the city or the engineer and his or
her consultants, and each of their officers, employees and agents,
by any employee of the permittee, his or her contractor, any subcontractor,
anyone directly or indirectly employed by any of them, or anyone for
whose actions any of them may be liable, the indemnification obligation
under this section shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable
by or for the contractor or any subcontractor under worker's compensation
statutes, disability benefit statutes, or other employee benefit statutes.
17. Any city equipment issued for a particular construction job shall
be returned to the city prior to final of any engineering permits.
F. Violations/Penalties.
1. Failure
to comply with any of the permit conditions noted herein shall result
in a verbal warning to the person or company that they are in violation
of the city's Municipal Code and hydrant meter policy and must immediately
correct the violation. An issued fire hydrant permit may be revoked
for failure to immediately correct the violation or for repeated violations.
2. Any
person or company violating any provisions of this chapter, or any
permit conditions, shall be deemed guilty of an infraction, in addition
to any other city remedies, and upon conviction thereof be punishable
by a fine not exceeding one hundred dollars for a first violation
and after a prior verbal warning; not exceeding two hundred dollars
for a second violation; or a fine not exceeding five hundred dollars
for each additional violation.
(Ord. 99-1 § 3; Ord. 03-21 § 1 (part))