Agreements for sale by the City of any surplus water produced
by the City's municipal water supply system and not required by the
residents of the City of Yamhill may be offered to any nonresident,
interested party. Such party must first make an application with the
City for the purchase of water for domestic use or other purposes,
and the application must be approved by the City Council.
(Ord. 367 §1.0, 1985; Ord. 427 §1, 1997)
There shall be two classes of parties who may apply for surplus
City water. One class consists of individual property owners hereinafter
referred to as "mainline users" and the other class consists of water
associations which are duly organized and authorized by law to operate
as a public water system and are hereinafter referred to as "districts."
(Ord. 367 §2.0, 1985; Ord. 427 §1, 1997)
Copies of applications and agreements for the purchase of surplus
City water shall be prepared by City staff in cooperation with the
City Attorney and furnished on request and without cost to any interested
party. Water purchase applications and agreements will be made available
at the City Hall. Approval of any water purchase application must
depend in part upon the applicant's verification that he/she will,
at the applicant's own expense, connect to the City's water mainline
at or between the water treatment plant and the City limits or at
any other place possible for a water connection to be made at the
City limits.
(Ord. 367 §3.0, 1985; Ord. 427 §1, 1997)
The City shall not be obligated to inspect, maintain or repair any water lines other than those within the City limits and the mainline leading from the water treatment plant to the City. Each applicant granted a water purchase agreement with the City of Yamhill must maintain, inspect, and repair their own hook-up connectors and water lines servicing their property and also fully observe, adhere to, abide by and comply with all of the provisions of Yamhill Municipal Code Chapters
3.04 through
3.44, or any amendments thereof and all other rules and regulation of the City for the operation of its Water Department.
(Ord. 367 §4.0, 1985; Ord. 427 §1, 1997)
Approval or denial of surplus water purchase applications shall
be at the sole discretion of the Yamhill City Council; except, however,
that all applicants shall be treated equally and fairly and approval
or denial for domestic water use shall be based upon information contained
in the application. Furthermore, the Yamhill City Council shall be
the sole judge of: (1) the availability of surplus water for sale
for any purpose; and (2) the water use and credit qualifications of
all applicants.
(Ord. 367 §5.0, 1985; Ord. 427 §1, 1997)
There shall be two separate forms of agreements, one for the
"mainline users" and one for the "districts." Such agreements shall
be uniform in terms, charges and rates for each class of user and
applied equally to all parties in the particular class. The form of
agreements to be offered and copies of which will be available at
City Hall will have been approved by the Yamhill City Council, and
each agreement signed by an applicant for water purchase must also
be signed on behalf of the City by its Mayor and attested by its City
Recorder. Changes in such agreements which may become necessary in
the future for the benefit of the City and/or applicants may be made
by resolution of the City Council and a copy of any such resolution(s)
shall be attached as an addendum to the water user's agreements with
the City.
(Ord. 367 §6.0, 1985; Ord. 427 §1, 1997)
Surplus water sales agreements, unless otherwise requested,
shall be made for domestic purposes only; but the Council may, in
its sole discretion, approve applications for other purposes.
(Ord. 367 §7.0, 1985; Ord. 427 §1, 1997)
(A) Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter
1.36 of this code.
(B) The
penalties imposed by this chapter are not exclusive and are in addition
to any other remedies available under City ordinance or state statute.
(C) In
addition to any other penalties that may be provided by law, any customer
who fails to install or provide for the testing of a backflow prevention
assembly or who violates any provisions contained herein, or who fails
to comply with an order thereunder, shall suffer immediate termination
of public water service.
(Ord. 348 §20.0, 1984; Ord. 381 §8.0, 1986; Ord. 427 §1, 1997; Ord. 445 §9, 1998)