The following regulations, prohibitions, and conditions shall be deemed to supplement this chapter enacted by the city in connection with the charges made for the services provided by the systems:
(A) All taps and connections to the water mains of the Commission shall be made by and or under the direction and supervision of the Superintendent.
(B) Water service may be discontinued by the Superintendent for any violation of any rule, regulation, or condition of service and especially for any of the following reasons:
(1) Misrepresentation in the application or contract as to the property or fixtures to be supplied, or as to additional use of water service.(C) Any customer desiring to discontinue the water service to his premises for any reason must give notice of discontinuance in writing at the city hall; otherwise, a customer shall remain liable for all water used and water services rendered to such premises by the Commission unless the notice is received by the Commission.(2) Failure to report to the Commission additions to the property or fixtures to be supplied, or of additional use of water service.
(3) Resale or giving away of water.
(4) Waste or misuse of water due to improper or imperfect service pipes and/or failure to keep same in suitable state of repair.
(5) Tampering with meter, meter seal, service, or valves, or permitting such tampering by others.
(6) Connection, cross-connection, or permitting the same, of any separate water supply to premises which receive water from the Commission.
(7) Nonpayment of bills.
(E)
(1) Meters will be read monthly on or about the 25th day of each month.(F) Where the water supply to the customer has been discontinued for nonpayment of delinquent bills, a charge as may be specified or revised from time to time in any applicable rate ordinance will be made for reconnection of water service, but the reconnection will not be made until after all delinquent bills and other charges, if any, owed by the customer to the Commission have been paid.(2) Bills for water service are due and payable at the city hall on their date of issue. The past due date shall be the tenth day of the month of issue. Bills will be dated and mailed on or about the first day of each month.
(3) All bills not paid on or before the tenth day of the month shall be subject to a 10% late penalty upon the water and sewer charge; the Commission shall mail a final notice of the delinquency. Any bill remaining unpaid on the 15th day of the month shall result in water service being immediately terminated without further notice; provided, however, if, prior to discontinuance of service, there is delivered to the city, or to its employee empowered to discontinue service, a written certificate signed by a physician, a registered nurse, or a public health officer that, in the opinion of the certifier, discontinuance of service will aggravate an existing illness or infirmity on the affected premises, service shall not be discontinued until the affected resident can make other living arrangements or until ten days elapse from the time of the city's receipt of the certification, whichever occurs first.
(4) If a deadline date falls on a Sunday or legal holiday, such deadline shall not expire until the next succeeding secular day.
(G) The Superintendent shall have the right to require that a nominal sum, or such other meter deposit as may be specified or revised from time to time in any applicable rate ordinance, shall be placed on deposit with the Commission by a customer for the purpose of establishing or maintaining such customer's credit and/or as assurance for the payment of water and/or bills by such customer.
(H) All meters shall be installed, renewed, and maintained at the expense of the Commission, and the Commission reserves the right to determine the size and type of meter used.
(I) Upon written request of any customer, the meter serving the customer shall be tested by the Commission. A charge of $15 will be made and then only if the test indicates meter accuracy within the limits of 2%. If a meter is inaccurate in excess of 2%, adjustments shall be made for the two preceding months prior to test according to the inaccuracy in excess of 2%.
(J) Where a meter has ceased to
register, or a meter reading cannot be obtained, the quantity of water
consumed will be based upon an average of the prior six months' consumption,
considering the conditions of water service prevailing during the period
in which the meter fails to register.
(K) The Commission shall make all
reasonable efforts to eliminate interruption of service, and, when such
interruptions occur, will endeavor to re?establish service with the shortest
possible delay.
(L) The City and Commission shall in no event be held responsible for any claim made against it by reason of the breaking of any mains or service pipes, or by reason of any other interruption of the supply of water caused by the failure or breakage of machinery or stoppage for necessary repairs. No person shall be entitled to damages nor for any portion of a payment refunded for any interruption of service which in the opinion of the Commission may be deemed necessary.
(M) Customers having boilers and/or pressure vessels receiving a supply of water from the Commission must have a check valve on the water supply line and a vacuum valve on the steam line to prevent collapse in case the water supply from the Commission is discontinued or interrupted for any reason, with or without notice.
(N) The premises receiving a supply of water and all service lines, meters and fixtures, including any fixtures within the premises, shall at all reasonable hours be subject to inspection by the duly authorized employees of the Commission.
(O) Piping on the premises of a customer must be so installed that connections are conveniently located with respect to the Commission lines and mains. The customer shall provide a place for metering which is unobstructed and accessible at all times. The customer shall furnish and maintain a cutoff valve on his side of the meter, and the Commission will furnish a like valve on its side of the meter.
(P) The customer's service lines shall be installed and maintained by the customer at his own expense in a safe and efficient manner.
(Q) If any loss or damage to the property of the Commission or any accident or other injury to persons or property is caused by or results from the negligence or wrongful action of the customer, member of his household, his agent or employee, the cost of the necessary repairs or replacements shall be paid by the customer to the Commission, and any liability otherwise resulting shall be that of the customer.
(R) Water provided by the Commission may be used for domestic consumption by the customer, members of such customer's household, and employees only. The customer shall not sell or give the water to any other person.
(S) Each customer shall grant or
convey, or shall cause to be granted or conveyed, to the city, a perpetual
easement and right?of?way across any property owned or controlled by the
customer whenever the easement or right?of?way is necessary for the Commission
water facilities and lines so as to enable the Commission to furnish service
to the customer.
(T)
(1) Water for building or construction purposes will be furnished by meter measurement, only after suitable deposit has been made, the minimum deposit being such amount as may be specified from time to time in any applicable rate ordinance; and the amount shall be determined by the Commission based upon the size of the construction work contemplated; and all water for building or construction purposes, as set forth in the permit, must pass through one and the same meter.(U) Special terms and conditions may be made where water is used by the city or community for public purposes such as fire extinguishment, public parks, and the like.(2) Water so supplied shall be discharged through a hose or pipe directly upon the material to be made wet, or into a barrel or other container, and in no case upon the ground or into or through a ditch or trench; and all use of water by any party other than applicant, or use of water for any purpose or upon any premises not so stated or described in the application, must be prevented by the applicant, or water service may be discontinued to the applicant without notice.
(V)
(1) The Commission will construct extensions to its water lines to points within its service area, but the Commission is not required to make any such installation unless the customer pays to the Commission the entire cost of the installation.(W) The Commission may refuse service to any person, not presently a customer, when in the opinion of the Commission the capacity of the facilities will not permit such service.(2) All line extensions shall be evidenced by a contract signed by the city and the person advancing funds for the extension, but each contract shall be null and void unless approved by the Farmers Home Administration and other governing bodies.
(3) If refund of the advance is to be made, the following method shall apply such refund shall be in an amount equal to 20% of the total gross revenue of water sales per year for each service connected to the new extension prescribed in the agreement, for a period not to exceed five years, provided that the aggregate payments do not exceed the total amount deposited.
(4) No refund shall be made from any revenue received from any lines leading up to or beyond the particular line extension covered by contract.
(5) All decisions in connection with the manner of installation of any extension and maintenance thereof shall remain in the exclusive control of the Commission; such extension shall be the property of the Commission; and no other person shall have any right, title, or interest therein.
(X) These rules may be changed or amended.
(Y) Complaints may be made to the
Superintendent of the system, whose decision may be appealed to the Commission
within ten days; otherwise, the Superintendent's decision will be final.
(Ord. passed 12-4-90) Penalty, see
§ 10.99
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