A. 
The City may provide or allow water service to persons outside its boundaries when the Director 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 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 (120) days after the City gives written notice to the person or premises receiving the water that such outside service is to be terminated. In cases of emergency, at the sole discretion of the Director, the City may make exceptions to the noticing requirement.
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 (150%) of the applicable rates and charges for customers within the City 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 (6) 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.
(Ord. 14-008 § 1)
A. 
Before temporary construction water service can be supplied through a fire hydrant, the applicant shall procure a City construction water permit.
B. 
All fees and deposits under the construction water permit shall be paid prior to permit issuance. Monthly City equipment rental charges, deposit amounts, and water usage fees shall be set by resolution.
C. 
Application Procedure.
1. 
The applicant shall pay a nonrefundable application fee for connection to a meter or outlet of locations and conditions at Director'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 construction water service per this section. If such a device is required by the City, the applicant shall provide his or her own certified backflow device. Such device must be approved by the City prior to any water being used through the device.
3. 
In addition to the fees described in subsections (C)(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. Applicant shall pay any excess charges determined upon final meter reading within thirty (30) calendar days of the applicable bill being mailed or otherwise delivered to applicant by the City.
4. 
In addition to payments under subsections (C)(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 in subsections (C)(1) through (4) of this section shall be paid in advance of service.
6. 
Rates and fees for temporary construction water service shall be set by resolution.
D. 
Water Trucks.
1. 
All water trucks utilizing a fire hydrant within the City as a water source must obtain a construction water permit from the City and be equipped with a certified 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 submit evidence of certification of the air gap separation device for review and approval by the City. Upon approval by the City, the construction water permit will be modified to include an air gap separation device approval. The permit must be required to be with the water truck at all times.
3. 
The air gap separation device approval shall be good for two (2) years from the month of issuance. All trucks using an air gap separation device instead of a backflow prevention device for all temporary construction water usage through a fire hydrant within the City shall submit certification of the air gap device annually.
E. 
Construction Water Permit Conditions.
1. 
The City may designate a particular hydrant or hydrants to be used under a particular construction water permit. Any hydrant restrictions will be noted on the face of the 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 (1) year from the date of issuance. In order to continue to obtain water through a fire hydrant after one (1) 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 and by accepting the permit shall agree to indemnify the City for any damage or injury that occurs as a result of any actions authorized by the permit.
5. 
The permittee shall take whatever precautions necessary to prevent damage to all existing improvements, including aboveground 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 site.
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 materials or workmanship repairs required to such facilities or adjoining areas for a period of one (1) 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 restore any loss or repair any damage for which he or she is responsible under this permit, the City may itself, or through the employment of others, restore any such loss or repair any damage; the cost and expense of doing so, including any reasonable engineering, legal, consultant, or contractor 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 temporary construction water from any fire hydrant at any time upon request of the Director.
11. 
The permittee may be billed a monthly charge for rental of City equipment in an amount specified by City resolution.
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 or the repair or replacement of any damaged City equipment, the permittee will be billed directly and shall pay in full within thirty (30) calendar days of the bill being mailed or otherwise delivered by the City.
14. 
The meter and backflow assemblies must be used in the proper configuration at all times when obtaining temporary construction water from any fire hydrant within the City.
15. 
In submitting a permit application, the permittee specifically obligates him or herself and thereby 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.
18. 
The City may require a performance bond and/or liability insurance to be submitted prior to issuance of the permit. Further information on these requirements are specified by City policy, adopted and updated by resolution from time to time.
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 this code and construction water meter policy and must immediately correct the violation. An issued construction water 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, and, in addition to any other City remedies, may be punished by a fine prescribed by resolution of the City Council.
(Ord. 14-008 § 1)