AN ORDINANCE PROVIDING REGULATIONS FOR THE CITY WATER SUPPLY SYSTEM AND CONNECTIONS THERETO; ESTABLISHING FEES AND CHARGES; PROVIDING FOR A RESERVE FUND FOR REPAIR, MAINTENANCE AND REPLACEMENT OF WATER SYSTEM EQUIPMENT AND/OR PUMPING EQUIPMENT; ESTABLISHING FEES AND CHARGES THEREFORE; FIXING PENALTIES; PROVIDING FOR CHARGES AND SERVICE CONNECTIONS, REPEALING ORDINANCES NO. 417 AND 446 AND DECLARING AN EMERGENCY.
THE CITY OF PILOT ROCK ORDAINS AS FOLLOWS:
Section 1. Definitions.
As used in this ordinance, the singular shall include the plural, and the masculine shall include the feminine. Except where the context indicates otherwise, the following shall mean:
- City. The City of Pilot Rock.
- Water main or main. The pipe, usually eight (8) inches or larger in diameter, ordinarily laid in the street parallel to the street lines and used for the distribution of water through service lines to water customers.
- Customer’s lines. The pipe, valves, and fittings leading from the meter into the premises served.
- Service line. The pipe, valves and fittings laid from the main, to and including the meter and meter box.
- Household. A unit where the usual household functions of living, sleeping and preparation of meals are carried on.
- Customer. A ‘customer’ or ‘consumer’ is an individual, firm or corporation, partnership, institution or association receiving water and sewer services from the Water Department.
- Applicant. An applicant is an individual, firm or corporation applying for water service.
- Actual cost to the city. Whenever the term ‘actual cost to the City’ is used herein, it shall include the cost of materials, labor, payroll taxes, insurance, and similar items, plus fifteen (15) percent of labor and expenses for operation overhead.
Section 2. Purpose and Policy.
In order to provide for the equable distribution of water by the City, water meters are to be installed on all private connections with the City water system in such order as the City Council shall determine, or as the City Council shall designate to be carried out by the City Water Superintendent.
Section 3. Application for Service.
Each prospective customer shall make a written application for water service at the office of the City Recorder. The application shall be signed by the applicant and state the location of the premises for which the service is requested, the address to which bills are to be sent, information adequate to determine which rate shall apply and such other information as may be reasonably required.
Section 4. Monthly Rates.
All rates, fees or other charges shall be subject to the approval of the City Council and established by Resolution of the City Council.
Section 5. Utility Reserve Charge.
In addition to the monthly rates set out in this ordinance, there shall be charged to each available utility user an amount set by resolution of the Council as a Utility Reserve Charge. Said sum shall be deposited by the Clerk-Recorder in a reserve account for the purpose of repairs, maintenance, replacement, purchase of equipment involved with the water and sewer departments, repairs, maintenance, replacement and additions to water and sewer lines, testing, monitoring, repairs and maintenance of the sewer lagoon.
Section 6. Special Monthly Rates.
The Council shall have the authority by resolution to establish special rates for water service to the public schools, for summer residential service, for summer irrigation service and for low income and/or elderly residential service.
- Low income senior citizens shall pay a minimum monthly rate as set by resolution of the Council for up to 1500 cu. ft. of water. For any amount over 1500 cu. ft. the regular residential rates apply.
- A low income widow, widower or elderly couple is defined as a person or two persons whose income, earned or unearned, is not more than the Federal poverty guidelines for farm individuals or families; who owns no real property other than his/her/their/home. (Income from bonds, stocks, savings interest or other interest income of any kind shall be counted within the income limitation.) who is dependent upon his own resources for support, living alone or with members of his family who are dependent on him for support. One member of any elderly couple must be at least 62 years of age to qualify.
- Application for the low income widow’s, widower’s or elderly couple’s rate shall be made with a sworn statement of his income and financial resources. Such statement and application shall be referred to the City Council for final determination of the qualifications of the applicant and upon such determination by the Council the special rate shall apply as long as the water customer remains a low income widow, widower or elderly couple as herein defined and resides in the residence for which the low-income rate is requested.
- It shall be the duty of the water customer who has been granted the low income rate to inform the City Recorder of any change of status affecting his qualifications for such special rates.
Section 7. Failure to Read Meters.
In the event it shall be impossible or impractical to read a meter during the billing cycle, the bill will be computed upon the consumption by the customer for the same month of the preceding year.
Section 8. Meter Error.
A customer may request the City test the meter serving his/her premises.
- The customer shall deposit an amount to cover the reasonable cost of the test. This deposit will be returned if the meter is found to register more than three (3) percent fast. The deposit required of a customer requesting a meter test shall be set by resolution of the Council.
- The customer or his representative shall have the right to be present when the test is made, and a customer who requests a meter test will be notified not less than 2 days in advance of the time and place of the test.
- A written report giving the result of the test shall be available to the customer within 10 days after completion of the test.
- Adjustment of bills for meter error will be made according to the provisions of Section 4 of this Ordinance.
Section 9. Cash Deposits.
To secure payments of bills for water service, the applicant, before the water is turned on, shall make a cash deposit of two times the monthly billing charge for the water and sewer service.
Section 10. Payment of the Bills.
Charges of water and sewer service charges shall be shown on the same bill, and all charges are due and payable monthly at the office of the City Recorder on the date of mailing and become delinquent 10 days thereafter. Water service to customers shall be discontinued when bills are 60 days delinquent, and, when service is so discontinued, it will not be turned on for the customer or in the name of any member of the family until the charges have all been paid. When service is turned off for nonpayment of bills, a turn on charge, payable in advance, shall be made before service will be restored. This turn-on charge will be set by resolution of the City Council.
Section 11. Conditions of Service.
Service to water users shall be subject to the rules, regulations and rates applicable thereto and in effect at the time of service accepted, or as they may be adopted or modified from time to time by the council. Service to individuals or groups may be discontinued for failure of an individual to comply with the provisions of this ordinance and the rules and regulations for the use of water.
Section 12. Unauthorized Turn-on.
After the water has been shut off by the City if it should be turned on by any person other than the City Water Superintendent or a person authorized by him, the meter will be locked and it will not be unlocked until a charge for unlocking the meter in addition to all other charges and arrears due have been paid. The unauthorized turn-on fee shall be set by resolution of the City Council.
Section 13. Discontinuance of Service.
- 1. On customer request, each customer about to vacate any premises supplied with water service by the Water Department shall give the Water Department (City Hall) notice of his intentions at least two days prior thereto, specifying the date service is to be discontinued; otherwise, he will be responsible for all water supplied to such premises where service is supplied or that he desires to be discontinued, the meter will be read and a bill rendered.
- 2. Nonpayment of bills.
- A customer’s water service may be discontinued if the water bill is not paid in accordance with the rate schedules as set by resolution and Section 10.
- The property owner shall be responsible for the payment of any outstanding debts for water, sewer and utility reserve service charges on rental property.
- On nonrental property, the City shall turn outstanding debts over to a collection agency.
- 3. Nonpayment of sewer service charges.
- If said sewer charges are not paid when due by any person, firm, corporation whose premises are served or who are subject to the charges provided in the sewer Ordinance of the City of Pilot Rock, water service provided to that customer by the City of Pilot Rock Water Department may be discontinued because of the default in the payment of the sewer service charges.
Section 14. Emergency Turn-ons.
Request to have water turned-on during times other than business hours shall be subject to an additional charge as set by resolution of the Council and will be added to the first subsequent billing.
Section 15. Basis of Rates and Resale.
The rate schedule for each class of service is based on service to one water customer at one point. No water from the City water system shall be resold or distributed by the recipient thereof to any premises or water customers other than those for which the application has been made and approved. Where water is distributed through a master meter to members within a group, the rate to each member shall be no higher than that which the City would charge that member if he were served directly by the city except that lawfully organized cooperative groups or districts may set rates different from those of the City if such rates are submitted to and approved by the Council before going into effect.
Section 16. Group Customers.
The City may at its discretion, serve water through one meter to two or more separate houses or establishments. Such connection shall be considered as one service and shall be billed on consumption, plus the minimum monthly water rate for each house or establishment in excess of one, to a maximum of twenty (20) establishments. No reduction shall be made for any vacant premise that is turned off for less than one billing cycle. This shall exclude mobile homes and mobile home courts.
Section 17. Multiple-Unit Dwelling Customers.
If one billing houses two or more apartments or households, the water may be served through one meter or it may be served with a meter for each separate apartment or household.
Section 18. Meters.
The City owns and will install and maintain all meters, and from time to time, will inspect and test meters. (See section 8) Each applicant and user gives and grants to the City of Pilot Rock an easement and right-of-way on and across his property for the installation of water mains and necessary valves and equipment in connection therewith. The City shall have access to meters at all times.
Section 19. Records.
The City will keep an accurate record of all water customers and the charges and payment for use of water. For the purpose of making charges, each meter servicing customers premises will be considered separately, and the readings will not be combined except where the City, for convenience or operating necessity, elects to install more than one meter to serve the customers’ premises, in which case the readings will be combined for the purpose of making charges.
Section 20. Leak Adjustments.
It shall be the responsibility of the customer to locate any leaks in the customer’s lines. If a leak occurs in the customer’s line under the surface of the ground, the City Council may approve adjustment of the bill. This adjustment will be derived by computing the bill of the last full cycle of the leak, subtracting the bill for the same cycle of the previous year, then crediting one half (1/2) of the difference on the next bill to the customer.
Section 21. Use of Water.
Water will not be furnished where there are leaky or defective faucets, closets, or other fixtures, or where there are closets or urinals without self-closing valves, or tanks without self-closing float valves.
Section 22. Waste.
No customer shall cause or permit water to run or be discharged through fixtures, pipes, faucets on his premises in excess of the quantity actually used for domestic, irrigation, or other lawful purposes.
Section 23. Tampering.
No person unless authorized by the City Council or City Water Superintendent shall tamper, alter, or injure any part of the City pumping plant, machinery, distribution system or meter, or open or close any fire hydrant or stopcock on the service line.
Section 24. Cross-connections.
No person shall install or maintain any physical cross-connection between the City water system and any source of water supply.
Section 25. Right of Entry.
The City Water Superintendent, or his designated representative shall have free access at reasonable hours of the day to all parts of buildings for the purposes of inspecting the conditions of the pipes and fixtures and the manner in which the water is used.
Section 26. Emergency Shut-off.
The water may be shut off from the mains without notice for repairs and other necessary purposes, and the City will not be responsible for any consequent damages, but whenever practical, the City shall give reasonable notice before the water is shut off from the mains.
Section 27. Service Connection Application.
Application for the installation or alteration of a service connection from the City Water System will be made at the office of the City. The applicant must fully and truly state all purposes for which the water may be required, also, application must be made prior to service being provide to the customer.
Section 28. Service Line.
The City owns and will furnish, install, maintain, and connect the service line. No connection to or disconnection from the City mains or alteration in the service line will be made by anyone but the City Water Superintendent or a City Employee under his/her direction.
Section 29. Customer Line.
The customer line will be laid and maintained by and at the expense of the property owner who shall protect such line from injury and be responsible for all damages resulting from leaks and breaks or other causes. Customers line pipe shall not be less than ¾ inch in size and the line shall conform to the plumbing regulations of this City and the State of Oregon and shall meet with the inspection standards of both, respectively.
Section 30. Connection charges.
- New mains and service lines extended to customers inside the City will be owned, installed, and maintained by the City and his/her designee. Service line sizes will be determined by the city, and connections charges will be based on the City’s cost of labor, materials, engineering and 15% overhead for extending mains and service lines from the nearest City main.
Section 31. Service to Customers Outside the City.
To provide City water services, the customers must be within the Urban Growth Boundary and be annexed into the City. (see ordinance #378)
Section 32. Easement.
Each applicant for water service who has either applied for or is making use of water provided by the City, grants the City irrevocable license to cross the applicant’s property for the purpose of installing, maintaining, and servicing the water lines, meters, etc. The City agrees to use reasonable judgment when excavating on the applicant’s property and to restore the property to as near original condition as is reasonably possible, or provide reasonable restitution for any damages thereto.
Section 33. Penalty.
Any person violating any of the provisions of this Ordinance, other than those relating to payment or nonpayment of rates or charges, shall upon conviction thereof, be punished by a fine of not more than $100.00.
Section 34. Repeal.
Ordinance 417 and 446 and all amendments thereto are hereby repealed.
Section 35. Severability.
The provisions of this ordinance are severable. If an article, sentence, clause or phrase shall be adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of this ordinance.
Section 36. Emergency Clause.
Inasmuch as it is necessary for the health, peace and safety of the inhabitants of the City of Pilot Rock that this ordinance have immediate effect, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect immediately upon its passage by the Council and approval by the Mayor.
APPROVED by the Mayor and passed by the City Council this 11th day of July, 2000.