Terms used in this chapter shall have the meanings herein given to them:
1. 
"Approving authority"
means the water superintendent of the town or his duly authorized deputy, agent, or representative.
2. 
"Auto court, motor court, travel trailer court, motel, hotel, etc."
means the combination or group of two or more dwelling units occupying a building site or area under one ownership, used for the purpose of furnishing transient living accommodations.
3. 
"Backflow"
means the flow other than the intended direction of flow, of any foreign liquids, gases or substances into the distribution system of the town water supply.
4. 
"Backflow prevention device"
means a device to counteract back pressure or prevent back siphonage.
5. 
"Commercial building"
means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind or for any type of business or enterprise or for any other purposes not otherwise described or covered under subsections 2, 10, 13, 22 or 24 of this section.
6. 
"Commercial user"
means all persons not specifically classified as domestic or as an industrial water user.
7. 
"Contamination"
means the entry into or presence in a town water supply of any substance which may be deleterious to health and/or quality of the water.
8. 
"Cross-connection"
means any physical arrangement whereby the town water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain contaminated water, sewage or other wastes or liquids of unknown or unsafe quality which may be capable of imparting contamination to the town water supply as a result of backflow.
9. 
"Domestic water usage"
means water that is used principally for dwellings, business buildings, institutions, and like.
10. 
"Duplex"
means a building designed, built, rented, or leased for occupancy by two families living independently of each other.
11. 
"MG"
means million gallons.
12. 
"MGD"
means million gallons per day.
13. 
"Multiple-family dwelling or apartment house"
means any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied or which is occupied as the home or residence of three or more families or persons living independently of each other and doing their own cooking within the premises, which shall include townhouses or condominiums.
14. 
"Parts per million"
means a weight-to-weight ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.
15. 
"Person"
means any individual, firm, company, association, society, corporation, group or other entity.
16. 
"Private water system"
means a water system serving two or more buildings, residences or properties, constructed by private contract outside of the public right-of-way and remaining under private ownership and jurisdiction and which shall be maintained by said private owners. Private water systems shall be designed, constructed, and maintained by the private owners to the same design, construction, and maintenance standards as are public water systems.
17. 
"Public water system"
means a water system provided by or subject to the jurisdiction of the town. It shall also include water systems within or outside the town boundaries that serve one or more persons and obtain their water supply from the town water system, even though the water system may not have been constructed with town funds. All public water mains shall be located in dedicated public rights-of-way or easements. Public water mains shall be at least six inches in diameter.
18. 
"Replacement"
means any expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the water system to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
19. 
"Service charge"
means the charge levied on all users of the water system for the purpose of repayment of town indebtedness for the construction and installation of the system and for its efficient maintenance and operation, and in establishing such rates and charges the town has taken into account the cost and value of the system, operation and maintenance expenses, possible delinquencies, proper allowance for depreciation, contingencies and any amounts necessary to retire all bonds payable from net revenues and the reserve required for these.
20. 
"Service connection"
means a water line connected to the water main.
21. 
"Service line"
means the extension from the building water system to the public water main and is sometimes referred to as the water service connection or water service line.
22. 
"Single family dwelling"
means a building designed for or occupied by one family for living or sleeping purposes, and having one kitchen or set of cooking facilities.
23. 
"Trailer house or mobile home"
means any vehicle used or so constructed as to permit its being used as a conveyance upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
24. 
"Town"
means the town of West Yellowstone, Montana.
25. 
"Volume ratio unit"
means the ratio of the normal maximum amount of flow occurring in a water service line of a given size as compared to the normal maximum amount of flow occurring in a three-quarter-inch water service line.
26. 
"Water"
means potable water meeting the requirements of the state for public water systems.
27. 
"Water distribution and supply system"
means all facilities for transporting, pumping, storing and pressurizing of water, and includes water main as well as the water supply system.
28. 
"Water main"
means the pipe laid in a street, road, alley or easement and running approximately parallel to the street, road, alley or easement for the distribution of water to the customers, and which is owned, operated, controlled and maintained by the town.
29. 
"Water meter"
means a device which is calibrated and constructed to measure the exact amount of water that flows through the device in total gallons. The water meter, when used, shall include the actual meter plus yoke, remote readout device and meter box, if required.
30. 
"Water superintendent"
means the water superintendent of the town of West Yellowstone.
31. 
"Water supply system"
means an assemblage of springs, wells, pumps, devices, structures, equipment and tanks for providing water for domestic, commercial or industrial uses.
32. 
"Water system"
means a water main line that conveys potable water to a residence, commercial user, industry or other establishment for consumptive use, irrigation, process or similar uses.
(Ord. 138 § 1, 1989; Ord. 240 § 1, 2008)
Every parcel of land or premises within the boundaries of the town that is to be improved by any person or persons shall be connected to the public water system. The owner or person in charge of such land shall make or cause to be made such connection before such land is occupied for a dwelling or commercial building. All charges associated with the laying of pipe from the home or facilities to be served to the town’s water mains and all other costs incurred in connecting to said mains shall be borne by the property owner. All such connections to the town’s mains shall be properly designed and constructed in conformity with requirements specified by the town. If a parcel of land is not within three hundred feet of a water main, connection is optional. The owner shall also provide the water meter and shall have the meter installed at his expense. The owner shall be responsible for all other service and connection costs. The intent is not to require mandatory connection of improved lots as of the effective date of the ordinance codified in this chapter, except where a subscription agreement has been signed and filed with the town clerk.
(Ord. 138 § 2, 1989)
The water superintendent may prohibit the connection to the public water system for any user that does not comply with the limitations set forth in this chapter.
(Ord. 138 § 3, 1989)
A. 
The water main line and water service line(s) shall be so arranged that there is a separate and independent water service line and meter to each individual building, place of business, or tract of land, except in such cases as property owners in the same block may make arrangements with the town or its engineer for the use of a common line across public property which can be extended to individual properties. Such applications shall be made by the owners and reviewed by the town engineer on a cost-effective basis.
B. 
After the effective date of the ordinance codified in this chapter, a separate and independent water service line and meter shall be provided for every new building connecting to the water system of the town. Separate service lines and meters are not required for each trailer space in overnight trailer courts, nor for each cabin in cabin courts; however, separate water service lines and meters are required for trailer houses on individual lots or for long-term trailer rental units in mobile home courts.
(Ord. 138 § 4, 1989)
Where water service is now provided through one water service line to several customers (branch service lines), the town by resolution of its town council, may decline to continue to provide water for said premises until separate water service lines are provided at the owner’s expense. Where more than one dwelling is served from one such service line, the established rate shall be charged for each customer in the same manner as if each did, in fact, have an individual water service line.
(Ord. 138 § 5, 1989)
All water users shall keep their individual water service lines and water meters in good repair and shall keep them in such good condition that they shall not allow any leakage from the town’s water system.
(Ord. 138 § 6, 1989)
It is unlawful to disturb, destroy, damage, adjust, molest, meddle, or otherwise interfere with any portion of the town water distribution or supply system or its appurtenances, located on either public or private property. Should any damage result, either intentionally or unintentionally, from handling or otherwise tampering with said water system, the violator shall pay for all costs incurred in connection with the repairs of said system and/or for any damages that may result from the tampering with said water system.
(Ord. 138 § 7, 1989)
The water superintendent of the town is empowered, and it is made his duty, in all cases where there is a public water system with in three hundred feet to notify every owner or person in charge of land, or premises, requiring a water service building connection as specified in Section 13.04.020 to comply with the provisions of that section of this chapter within ninety days or cease to use or occupy the land. A lessee of land shall be deemed to be in charge.
(Ord. 138 § 8, 1989)
A. 
It is unlawful to install or alter any water system or service line within the town or to tap onto or connect to any water line whether lateral or main, without having first obtained from said town a permit therefore.
B. 
An application for a connection to the town water system shall be made at the office of the water superintendent and no connection shall be made to any water main with out a valid permit therefore having been issued by the water superintendent.
C. 
It is unlawful for any person to uncover, make any connection with or opening into, use, alter or disturb any public water main line or appurtenance thereof, without first obtaining a written permit to perform said work from the water superintendent.
(Ord. 138 § 9, 1989)
No permit shall be granted to do water line work in any street, alley, or public easement until the applicant has first obtained an excavation permit as required by the town.
(Ord. 138 § 10, 1989)
A. 
When any water service line or private water system connected with any public water main is leaking, broken or out-of-order, on private property (outside of any public right-of-way or easements) the owner, agent or tenant of such premises shall repair the same at his own expense. No person shall construct, relay, repair or extend any water service connection or private water system until the person doing said work has obtained the appropriate water permit for same.
B. 
It shall be unlawful for any person to extend any private service line beyond the limits of the building or property for which a permit has been given without obtaining a new permit for the desired extension. The existence of a water permit shall in no way be construed as making permissible any work for which an excavation permit may be required by the town.
(Ord. 138 § 11, 1989)
A. 
As part of the construction of the original water system in 1989, the town will construct, at the town’s expense, a tap with a pipe not to exceed five feet with a stop and waste valve at the end, for each individual property owner who executes an agreement with the town for water service (i.e., water subscription agreement) on or before October 1, 1989. All other property owners desiring water service whether for an existing dwelling unit, commercial facility, or a newly constructed facility who has not executed a water subscription agreement with the town for water service on or before October 1, 1989, shall be required to obtain all permits, licenses, etc., required by this chapter and shall be required to install his own water service line as explained in the following subsections.
B. 
When a permit for a water service line has been granted, the water tap at the main line shall be installed by the town at the town’s expense. The actual service line and all associated excavation, backfill, street repair and piping shall be completed by the property owner at his expense. The owner shall be responsible for all costs of hookup from the tap and shutoff at the property line; and shall obtain his water meter by purchase from the town.
C. 
All water service lines within any public right-of-way or easement shall be constructed by the property owner requesting the water service, and in any new subdivision they may be installed as part of the construction of the new water distribution system within said subdivision, and provided, further, that the water and service lines are constructed, inspected, tested and certified as being in conformance with the town standard drawings and specifications governing the construction of water service lines.
D. 
Water service lines may also be installed by contract in conjunction with town-sponsored projects or when, in the opinion of the water superintendent, it is in the town’s best interests to have or allow said water service lines to be installed by other than town personnel.
(Ord. 138 § 12, 1989)
A. 
The town shall sell to all property owners connecting to the water system an appropriately sized water meter, yoke, remote readout and meter box if required. It shall thereafter be the responsibility of each individual property owner to install this water meter, yoke and remote readout in accordance with the town standard drawings and specifications and as directed be the town water superintendent. The water meter remote readout shall be placed on an exterior wall of the building at least six feet above the ground and in a location next to a commonly used or maintained entrance way such that the remote readout will be accessible to the town’s meter reader at all times during both summer and winter conditions.
B. 
If the meter is determined to be malfunctioning by the town after proper inspection by the water superintendent, it shall be the town’s responsibility to provide the property owner with new water meter and/or remote readout facilities as replacements for the malfunctioning units. It shall thereafter be the owner’s responsibility to replace the malfunctioning meter and/or remote readout facilities on his private property and return the displaced meter and/or remote readout facilities to the town superintendent.
(Ord. 138 § 13, 1989)
A. 
In all buildings constructed in the Madison addition to the town, after the effective date of the ordinance codified in this section, the building official shall require that water meter remote readouts for use with the town water system shall be placed adjacent to the main entry of the building or the garage associated with the building. The water meter shall be placed in such a manner by the property owner that the sewer department and building official may have access to it, and where the meter is protected from the elements.
B. 
All water meter remoted readouts shall be placed a minimum of six feet above the ground, and it shall be the sole responsibility of the home builder or home owner to install the remote readouts in such a manner.
C. 
Any violations of the provisions of this section shall be prosecuted and punished as provided in the Uniform Building Code in effect in the town at the time of violation.
(Ord. 118 §§ 1 — 3, 1986)
Permission given to connect to the water main shall be upon the express condition that the water superintendent may for good cause revoke the same and the person making such connection, or his successor in interest, shall have no right to claim any damage in consequence of such permission being revoked.
(Ord. 138 § 14, 1989)
A. 
All construction or reconstruction of public, private and water service lines shall be in accordance with the town standard drawings and standard specifications and subject to inspection by the town.
B. 
Plan and profile drawings shall be prepared for all new water mains (whether public or private) and for all water main extensions, reconstructions or renovations; and all such plan and profile drawings must be reviewed and approved by the town engineer and the state of Montana Water Quality Bureau before any construction work on the water lines is started.
(Ord. 138 § 15, 1989)
The water superintendent and the town representative assigned to read the water meters shall have the right to enter upon any premises connected with the public water system at all reasonable hours to determine that there is compliance with the provisions of this chapter. If conflict is noted, the owner of the premises or his agent shall be directed to alter, repair or reconstruct said water facilities to conform to the requirements of this chapter within fifteen days.
(Ord. 138 § 16, 1989)
A. 
The water superintendent shall be authorized to construct, or cause to be constructed, extensions to the water system if one of the following conditions exist:
1. 
The annual anticipated revenue made available to the town from the customers to be immediately served by such extension is not less than one-tenth of the actual cost to the town for the construction of said extension;
2. 
The water superintendent declares that the water main extension is needed for the overall benefit and improvement of the entire water distribution system;
3. 
The town approves a contract for the construction of the extension with a party or parties desiring water service; provided, however, that subdividers or developers within or adjacent to the town shall construct at their own expense all water mains within their subdivisions or developments except that the town will be responsible for those water line costs set forth in Section 13.04.560.
(Ord. 138 § 17, 1989)
In areas contiguous to the town that may be annexed to the town, the town may require such areas to be annexed before water service is provided. Prior to annexation the town shall require the execution and approval of an annexation agreement which shall detail the conditions for water service.
(Ord. 138 § 18, 1989)
Water lines shall not, without the town’s approval, be extended outside the corporate limits of the town; however, when in the opinion of the water superintendent, there will be special benefit and improvement to the town by reason of an extension outside the town, special arrangements may be made with the town to allow the extension; provided, however, that the areas to be serviced outside of the town shall not benefit to a greater extent than like areas provided with water service within the town, and provided, further, that no such arrangement shall be made unless adequate water line capacity and sewage treatment capacity is available for such outside-the-town water service.
(Ord. 138 § 19, 1989)
The water superintendent shall not provide water service to any consumer whose residence or place of business is outside of the limits of the town until an outside-the-town water service contract has been executed between the consumer and the town.
(Ord. 138 § 20, 1989)
All systems of charges and fees to users, within and without the town, shall assure that each recipient of water services will pay its proportionate share of the costs of operation and maintenance (including equipment replacement) of any water supply and distribution services provided by the town.
(Ord. 138 § 21, 1989)
The town hereby authorizes the sale of water in bulk ("bulk water") at certain locations with the use of a town approved meter. Each such location must first be approved in writing by the town manager or his designee. Further, the town manager has the discretion not to sell bulk water if the town’s water supply is insufficient.
In order to purchase bulk water the purchaser must rent a water meter from the town to measure the amount of water being purchased. The rental rate for the water meter shall be set by resolution of the town council, which may be amended or modified as necessary. It shall be the responsibility of the town to install and uninstall the meter.
The price for bulk water shall be set by resolution of the town council which may be amended or modified as necessary.
(Ord. 260 § 1, 2016)
A. 
As part of the construction of the water system in 1989, the town will not assess a connection fee to any existing dwelling unit or commercial facility who desires water service if the property owner shall execute an agreement for water service with the town (i.e., water subscription agreement) on or before October 1, 1989. Any property owner not signing a water subscription agreement on or before October 1, 1989, and who desires water service from the town’s water system shall be required to pay to the town a water connection fee according to the town chapter defining water user connection and usage fees and shall be subject to the conditions in the following subsection.
B. 
Before any water connection permit is issued for the installation of any water service connection, the person making the application shall have paid the appropriate water connection fee, which shall consist of the actual plumbing costs and other actual costs which the town bears in facilitating the connection.
(Ord. 138 § 22, 1989; Ord. 142, 1991)
The water superintendent may require a service charge, in an amount not to exceed the actual cost to the town, for service calls which are only for the convenience and benefit of the customer.
(Ord. 138 § 23, 1989)
A. 
General.
1. 
Each water user shall be levied a monthly water user fee for the privilege of utilizing water from the town water system whether water is actually used or not. This water user fee shall be levied on all users of the water to cover the actual or estimated cost of operation, maintenance, replacement and financing of the town’s water system facilities. All water users and property owners who have executed a water subscription agreement shall be levied a water user fee beginning on the first day of the first month following completion of the system, with their first payment being due on the first day of the first month thereafter for the first month of service. User fees will be levied regularly after the first billing at intervals set by the town council, but no more often than monthly. In the event an owner who has signed a water subscription agreement fails to connect to the system, he will be assessed a monthly user fee representing actual usage which shall be estimated using the actual usage for property of like or similar nature. The fees shall be charged commencing as stated above for all other users.
2. 
The actual monthly water user fee to be billed to each property owner or customer shall be determined by calculating the monthly water usage fee as follows: based on each individual property owner’s water line size and meter reading, a monthly volume ratio unit base fee will be assessed plus a fee for every one thousand gallons of water used per month.
B. 
Review and Revision of Rates.
1. 
Commencing January 1, 2009, the water user connection and usage fees shall, at a minimum, be reviewed annually and updated by resolution of the town council to reflect actual costs of inflation, operation, maintenance, replacement and financing of the water system.
2. 
Any revisions of the user connection and usage fees shall be based on actual operation, maintenance, replacement, and financing expenses, and/or on changes in the total number of system users and/or the total daily flow. Revisions due only to changes in expenses and user class shall be made by the town. All changes in user charges applicable to this chapter shall be computed by the methods outlined herein.
C. 
User Request for Rate Change. Any water user, who feels his user charge is unjust and inequitable as applied to his premises within the spirit and intent of the foregoing provisions, may make written application to the town requesting a review of his user charge. The written request shall show the actual or estimated average water flow in comparison with the meter reading upon which the charge is based. Any flow measurements shall be approved by the town and/or its engineer. Review of the request by the town shall determine if it is substantiated or not. Any expenses incurred by further study of the matter for the town and/or user by a registered professional engineer shall be borne by the water user.
(Ord. 138 § 24, 1989; Ord. 240 § 2, 2008)
The monthly rates for outside-the-town water users shall be on a basis as negotiated between such users and the town, but in no event shall the connection fees and usage fees vary in any respect from the same charges as made to users inside the town except insofar as justified by the additional cost to the town.
(Ord. 138 § 25, 1989)
A. 
Accounts shall be charged for water service in accordance with the rate determination found in Section 13.04.250 of this chapter or as such may hereinafter be amended and revised by the town.
B. 
The town clerk shall furnish to each property owner, landlord, tenant or agent, a monthly or bi-monthly statement of the amount due for water service for that month(s).
The failure of any water user to receive notice or statement will in no way affect the obligation of the user to remit monthly or bi-monthly as required.
(Ord. 138 § 26, 1989)
Bills rendered for water service are payable upon receipt and become past due ten days from the date on which rendered. When the past due date falls on a legal holiday or on a day when town offices are not open for business, the next regular business day is considered the past due date. When remittances are made by mail, bills shall be deemed paid on the date of mailing as shown by the postmark.
(Ord. 138 § 27, 1989)
A. 
When bills are not paid within thirty days from the past due date, the town water superintendent shall issue an order to shut off and discontinue water service to such delinquent customers. In case service is discontinued for delinquency, it shall not be restored until the delinquency is paid, or until arrangements for payment satisfactory to the town clerk have been made.
B. 
In the event that a delinquent customer fails to pay his bill within the time set forth above, the town may discontinue town water service and enter upon the property for accomplishing such purposes.
(Ord. 138 § 28, 1989)
When any property owner, person, firm, business, etc., determines that his residence, business, etc., is going to be vacant, not used, shut down, etc., for an extended period of time, he shall notify the water superintendent. Under these circumstances the water superintendent shall shut off the water service to the facilities. When the home, business, etc., is reoccupied, the water superintendent shall once again be notified, and he shall restore water service once again to the facilities. Since there is significant potential for freezing and thus damage to the service line in the event of a lengthy shut down period, the property owner shall be responsible at his expense for any water service line repairs that may be needed to repair the water service line that is located on town right-of-way properties and also any associated repairs that are needed on his private property including the cost of replacing water meter, meter readout, etc., if it becomes necessary to do so.
(Ord. 138 § 29, 1989)
There is established a water system fund to be maintained by the town clerk in managing the fiscal affairs of the town. All revenues derived from the charging of any fees, charges, rates, etc., as such are set forth herein shall be deposited in the fund and shall be disbursed only for the purposes of paying or securing existing or future indebtedness connected with or relating to maintaining, repairing, studying, controlling, enlarging, extending, enhancing or improving the water system of the town.
(Ord. 138 § 30, 1989)