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City of Columbia
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ORDINANCE NO. 346
AN ORDINANCE ESTABLISHING REGULATIONS AND RATES FOR THE CITY
WATER SYSTEM; AND REPEALING ORDINANCES NO. 181, 213, 242, 272, 310, 313, 330
AND 336.
THE CITY OF COLUMBIA CITY DOES ORDAIN AS FOLLOWS:
Section 1. Definitions.
(1) Customer. The owner of property which is served by the
City water system. A person,
corporation, association or agency which rents or leases premises shall be
considered an agent of the property owner.
(2)
Fire Protection
Service. Provision of water to premises for automatic fire protection.
(3)
Mains.
Distribution pipe lines that are part of the City water system.
(4)
Premises. The
integral property or area, including improvements thereon, to which water
service is or will be provided.
(5)
Service Connection. The pipe,
valves and other equipment by means of which the City conducts water from its
mains to and through the meter, but not including piping from the meter to the
premises service.
Section
2. Regular Service.
(1) The City shall furnish and install a service connection of such
size and location as a customer requests, provided that the request is within
the options available. The service will
be installed from the main to a point between the curb line and the property
line of the premises if the main is in the street, or to a point in a city
right-of-way or easement.
(2)
The customer shall,
at his own risk and expense, furnish, install and keep in good and safe
condition equipment that may be required for receiving, controlling, applying
and utilizing water. The City shall not
be responsible for loss or damage caused by the improper installation of the
equipment, or the negligence, want of proper care or wrongful act of the
customer in installing, maintaining, using, operating, or interfering with the
equipment.
(3)
The City shall not be
responsible for damage to property caused by a spigot, valve or other equipment
that is open when the water is turned on at the meter.
(4)
A customer making any
material change in the size, character, or extent of the equipment or operation
utilizing water service, or whose change in operations results in a large
increase in the use of water, shall immediately give the City written notice of
the nature of the change and, if requested, amend his application.
(5)
The service
connection, whether located on public or private property is the property of
the City; and the City reserves the right to repair, maintain and replace it.
(6)
No customer shall
serve any other water user through his own meter without the consent of the
City.
Section
3. Fire Protection Service. Fire
protection facilities shall be allowed inside and outside of a building under
the following conditions:
(1) The
owner of a fire protection system shall furnish and maintain a service meter
approved by the City. The connection
with the City main and the setting of the meter and the construction of a
suitable meter chamber shall be made by the City upon payment of the charges
prescribed in Section 16.
(2) When a
building has a fire protection service, whether a wet or dry sprinkler system,
which is separate from the regular water service to the building, an approved
proportional meter or detector check may be used in place of a service
meter. The owner of the building shall
agree in writing that water supplied through this service will not be used for
any purpose except for extinguishing fire.
If registration is recorded on the meter or detector check, the
installation of a service meter or the removal of the service may be required.
(3) No
charge shall be made for water used in the extinguishing of a fire if the owner
reports the use to the City in writing within 10 days of the fire.
(4) Water
may be obtained from fire protection facilities for filling a tank connected
with the fire service, but only if written permission is secured from the City
in advance and an approved means of measurement is available. The general rates for general use will
apply.
Section
4. Outside City Service. The
following terms and conditions shall be applicable to every purchaser and user
of surplus water outside the City limits unless expressly provided otherwise in
the agreement between the City and the user.
(1) The
word “user” herein refers to any person, firm or corporation desiring to
purchase surplus water from the City for use by said user or person, firm or
corporation supplied by such user outside of the City.
(2) The
user, at his own expense, will construct a private water main from the City’s
main to the property upon which the water is to be used.
(3) The
user, at his own expense, will install a pump sufficient to adequately supply
water for the user’s purpose.
(4) The
water main and pump installation will be installed in accordance with the
specifications of the City Engineer, and the costs of the engineering will be
at the user’s expense.
(5) The
user will own the water main, pump and installation and will be responsible for
the operation, maintenance and replacement of the same.
(6) The
user will construct and maintain housing for the pump at his own expense.
(7) The
City will sell surplus water to all users on the user’s main at the prevailing
non-resident rates, and such water shall be used for domestic purposes only.
(8) Each
user shall be required to pay to the City the usual non-resident meter
installation charge and water deposits, and the City will install a water meter
at the lot line of such user.
(9) The
City will read all water meters along the user’s main, and the user will
provide the City with easements across all reasonable routes in order to permit
access by City employees and equipment to read the meters and to maintain,
repair and replace the equipment.
(10) The user
agrees to and does hereby hold the City, its officers, and employees harmless
for any claim of damage that might result to the user’s main, pump and
equipment, and to the users of such equipment, as a result of the failure of
the City to supply surplus water, or as a result of any activity or failure to
act, on the part of the City, its officers and employees.
(11) The city
will bill all water users directly, and the user shall bill all such users as
he may see fit for their pro rata cost of purchasing, installing, maintaining,
operating and replacing the user’s main, pump, and equipment.
(12) The
user’s agreement, and the renewal thereof, shall be in effect for such period
as may be agreed upon by the Council.
(13) Nothing
contained in said agreement shall prevent the City from raising, lowering or
changing the rate schedule at any time to non-resident users; and users of the
user’s main shall at all times pay the prevailing non-resident rate which shall
at that time exist.
(14) The
user, his successors, heirs and assigns, and all users of his main, shall
comply with all rules, laws and regulations of the water department of the City
of Columbia City and sign all necessary documents required by the City, such as
the non-resident water user’s agreement.
(15) If at
any time it is determined by the superintendent of public works of the City of
Columbia City, or the Council, that the pipeline or pump of the user or his
successors, heirs or assigns, or those being permitted to use the same, is not
being properly maintained or is in violation of the contract and agreement
between the user and the City, the City may terminate surplus water to such
pipeline and to the users of the line.
(16) Nothing
in said agreement shall bind or require the City to furnish any water other
than surplus water above and beyond the needs of the City.
Section
5. Temporary Service.
(1) Charges
for water furnished through a temporary service connection shall be at the
established rates for other customers.
(2) The
applicant for temporary service will be required:
(a)
To pay to the City,
in advance, the estimated cost of installing and removing the facilities to
furnish the service.
(b) To deposit an amount sufficient to cover bills for water during
the entire period temporary service may be used, or to establish credit
approved by the City.
(c) To deposit with the City an amount equal to the value of
equipment loaned by the City. This
deposit shall be refundable under the terms of Subsection 3.
(3) The
customer shall use all possible care to prevent damage to the meter or other
equipment loaned by the City which are involved in furnishing the temporary
service from the time they are installed until they are removed, or until 48
hours’ notice in writing has been given to the City that the contractor or
other person is through with the meter and other equipment. If the meter or other equipment is damaged,
the cost of making repairs shall be paid by the customer.
(4) Temporary
service connections shall be disconnected and terminated within six months
after installation unless an extension of time is granted in writing by the
City.
Section
6. Limitation on Use. The Mayor
may limit the use of water in times of emergencies, resulting from shortages,
etc.
Section
7. Interruptions in Service. Temporary
shutdowns may be resorted to by the City for improvements and repairs. Whenever possible, and as time permits,
customers affected shall be notified prior to the shutdown. The City shall not be liable for damage
resulting from an interruption in service.
Section
8. Application for Service.
(1) No
water service will be provided without a signed application containing the
following information:
(a) The
date of application.
(b) The
location of premises to be served.
(c) The
date on which the applicant will be ready for service.
(d) Whether
the premises has ever before been supplied by the City.
(e) The
purpose for which the service is to be used.
(f) The
size of the service.
(g) The
address to which bills are to be mailed or delivered.
(h) Whether
the applicant is an owner or tenant of the premises.
(i) An
agreement to abide by all rules, regulations and ordinances of the City
governing water service.
(j) Such
other information as the City may reasonably request.
(2)
Two or more parties
who join to make application for service shall be jointly and individually
liable and shall be sent a single billing.
(3)
Contracts, other than
applications, may be required prior to service when, in the opinion of the
City, special circumstances exist.
(4)
If premises are
connected to the City water system without application, the premises will be
disconnected. Before a new connection
is made, the applicant shall pay double the rate for the estimated quantity of
water consumed.
(5)
If an applicant is
not the owner of the property for which service is being requested, the owner
must sign the application and agree that if the applicant fails to make
payments in accordance with the rules, regulations and ordinances of the City
of Columbia City, the water bill shall become a charge to the owner of said
premises and a lien upon the real property to which the water service was
supplied.
The City Recorder is hereby authorized to prepare application forms
for the request of water service which contain the following language:
By virtue of his signature upon this application, the owner of the
property for which water service is being requested agrees that if the
applicant fails to make payments in accordance with the rules, regulations and
ordinances of the City of Columbia City, the water bill shall become a charge
to the owner of said premises and a lien upon the real property to which the
water service was supplied. [Amended by
Ord. No. 438 1/21/88.]
METERS
Section
9. Meters.
(1)
Meters shall be
furnished and owned by the City.
(2) No rent
or other charges shall be paid by the City for a meter or other equipment
located on the customer’s premises.
(3) Meters
shall be sealed by the City at the time of installation, and no seal shall be
altered or broken except by one of its authorized agents.
(4) If a
change in size of a meter and service is required, the installation shall be
accomplished on the basis of a new connection.
(5) Where
the City furnishes meters, the consumer will be held responsible for the proper
use of the meter and shall be liable to the City for damage caused by misuse of
the meter. [Amended by Ordinance No. 01-574-O 10/18/01]
Section
10. Meter Deposits. At the
time application for service is made, the applicant shall establish credit with
the utility department. The credit of
an applicant shall be established once the applicant makes a cash deposit equal
to a minimum two-month water bill with the utility department to secure payment
of bills for service. The deposit will
be applied to their account after one year of continuous service provided the
customer has maintained good credit with the utility department, or applied to
the final bill if the customer vacates the property prior to one year. If the customer's account becomes delinquent
prior to one year, the one-year period begins again from the delinquency date. If the customer's account becomes delinquent
after the deposit has been applied, the utility department may demand a new
deposit to re-establish credit. For
repeat customers, the City Recorder may waive the deposit requirement based
upon a customer's previous good standing with the Water Department. The City shall not pay interest on any cash
deposits as such interest is used to offset department operating expenses. [Amended by Ord. No. 03-590-O 12/4/03.]
Section
11. Meter Error. A
customer may request the City to test the meter serving his premises.
(1)
The customer shall
deposit $20.00 to cover the reasonable cost of the test. This deposit will be returned if the meter
is found to register more than 2% fast.
(2)
A written report
giving the results of the test shall be available to the customer within 10
days after completion of the test.
(3)
Adjustment of bills
for meter error will be made according to the provisions of Section 20.
Section
12. Payment for Main Extensions. Water
mains extended in the City to supply new connections shall be constructed and
paid for as follows:
(1)
Where an existing
location desires to be served immediately by extension of, and connection to, a
main, the Council shall cause such extension to be constructed after the
following conditions are met:
(a)
Prior to
construction, the City shall provide the customer with an estimate of the cost
for making the extension, which estimated cost customer shall pay in addition
to the regular water rate. At the same
time, customer shall also agree in writing to pay the actual cost of
construction plus an administrative fee of 5 percent of the actual cost of
construction. The city or city-approved
contractor shall then proceed with construction and, upon completion, customer
shall pay both the actual cost of construction and the 5 percent administrative
fee less the estimated cost of construction previously paid.
(2)
Where a person, firm
or corporation is developing, or desires to develop a subdivision, and has
applied to the City for the construction of water mains therein, the City may
proceed to construct the necessary mains upon payment by the subdivider of the
amount specified under the provisions of this section, or may require the
subdivider to construct said main himself.
All new water mains and water lines, whether within or without new
subdivisions shall be built at the expense of the developer with no pay back
from the City. [Amended by Ord. No. 406
3/1/84.]
Section
13. Alternate Financing. The provisions
of Section 12 are not mandatory upon the City.
As an alternate method of paying for water main extensions and as a
method of financing the construction of new or replacement water lines,
especially where several premises will be served, the City Council may choose
to finance the construction project through the creation of local improvement
districts under the provisions of the Local Improvement Ordinance. The choice of which method of financing to
use shall be within the sole discretion of the City Council.
Section
14. Payment Records. The city
recorder shall cause to be kept records in the water department showing
completely and accurately the location, cost and extent of all mains
constructed according to the provisions of this ordinance. These records shall show the amount which
each individual customer has agreed to pay for
the construction of the
main and his schedule of payments, together with a record of payments made.
Section
15. Turn-on Fee. No
turn-on fee shall be collected for each new account if the turn-on can be
performed during regular working hours.
For each new account requiring a turn-on other than during regular
working hours, a reasonable fee shall be collected as set by the Council. [Amended by Ord. No. 406 3/1/84.]
[Section
16 repealed by Ord. No. 462 10/23/91.]
Section
17. Restoration Charge. A
customer shall pay a reasonable fee as set by the City Council for restoration
of a water service when service has been discontinued under the provisions of
this ordinance. [Amended by Ord.
No. 406 3/1/84.]
Section
18. Rate Schedule. The rates
to be paid by all users of City water, including those desiring fire service,
shall be those rates regularly established by resolution of the City
Council. [Amended by Ord. No. 490
9/29/94.]
Section
18A. Multiple Family Dwelling Rates.
(a)
For purposes of this
ordinance, a multiple family dwelling is a building which contains more than
one family living unit. A family living
unit is an area within a building or structure which contains separate living
quarters, kitchen and bath facilities, all of which are designed for the use of
a single family.
(b)
Regardless of the
amount of water usage, each family living unit in a multiple family dwelling
shall be charged each month the minimum rate provided by Section 18 of this
ordinance. Each separate family living
unit within a multiple family dwelling shall also be charged its pro rata share
of water used in excess of the minimum rate.
The pro rata share shall be calculated by dividing the total water
usage, after deducting the monthly minimum usage amount, by the total number of
separate family living units within the multiple family dwelling. The rates shall be those rates as
established by Section 18 of Ordinance No. 346, as amended. Notwithstanding, all charges shall be made
on one billing to the owner of the multiple family dwelling or to the applicant
for water service.
(c)
This ordinance shall
apply to all structures presently containing one city water meter hookup and
containing more than one family living unit and to all structures presently
containing one city water meter hookup which are hereafter remodeled or
converted to a structure containing more than one family living unit. [Amended by Ordinance No. 436 9/17/87.]
Section
19. Billing.
(1) Water
service shall be billed at a monthly rate and payment shall be made within the
first 10 days of the period following that month for which charge is made. [Amended by Ordinance No. 03-590-O.]
(2) Meters
shall be read at regular monthly intervals for the preparations of monthly
bills and as required for the preparation of opening, closing and special
bills. [Amended by Ordinance No.
03-590-O.]
(3)
Closing bills shall
be collected at the time of discontinuance of service.
(4)
Each meter on a
customer’s premises shall be billed separately, and the readings of two or more
meters shall not be combined unless the city’s operating convenience requires.
Section
20. Adjustment of Accounts. Customer
accounts shall be adjusted for any of the following circumstances:
(1)
Accounts receiving
less than one month of service shall be billed the pro rata share by dividing
the minimum monthly rate by the number of days of service, or by
dividing the amount of water usage by the amount of usage allowed in the
minimum charge, and applying that percentage to the minimum charge, whichever
is greater. However, if the metered
water usage for the period exceeds the amount allowed in the minimum charge,
the full charge shall apply.. [Amended
by Ordinance No. 03-590-O 12/4/03 and 08-645-O 3/7/08.]
(2)
When, upon test, a
meter is found to be registering more than 2 percent fast, under
conditions of normal operation, the City shall refund to the customer the full amount
of the overcharge, based on corrected meter readings for a period not exceeding
three months.
(3)
When, upon test, a
meter is found to be registering more than 5 percent slow, the City may
bill the customer for the amount of the undercharge based upon corrected meter
readings for a period not exceeding three months.
(4)
The City may bill the
customer for water consumed while the meter was not registering. The bill shall be at the minimum monthly
meter rate or shall be computed upon an estimate of consumption based upon the
customer’s prior use during the same season of the prior year.
(5)
In the case of a
water leak, a customer may request that an adjustment be made to their water
bill. The City Administrator/Recorder
may grant an adjustment only if the customer provides documentation that the
leak was repaired in a timely manner.
The adjustment will be equal to 65% of the charges for the water usage
applicable to the leak. The amount of
usage applicable to the leak shall be determined by the City using past water
usage records for the account. [Amended
by Ordinance No. 01-574-O 10/18/01]
Section
21. Delinquent Accounts.
(1) Upon
failure to pay water charges, due within the first 10 days of a month, by the
25th day of the month, the account shall be delinquent, and the City
shall advise the customer by a written notice that the water is to be
disconnected unless the delinquent amounts are paid by the 10th of
the following month. If full payment is
not made, the City shall immediately thereafter turn off the service. The notices shall be sufficient if mailed to
the address listed on the application for water service.
(2)
The customer owing
the water bill shall pay the reconnection fee as established by Resolution of
the City Council, plus the accrued water bill, before the City will restore
water service. [Amended by Ordinance No. 01-574-O 10/18/01]
(3)
The City Recorder or
his agent shall continue service to a delinquent account upon the acceptance of
a valid plan for the payment of past-due amounts in installments.
Section
22. Responsibility for Payment of Bills. The
property owner of record shall be responsible for the payment of all charges
prescribed in this ordinance. If the
property is rented and the renter fails to pay the charges, the City shall,
submit the bill to the property owner.
Section
23. Water Charge Liens. Water
service charges shall be a lien against the premises served from and after the
date of billing and entry on the ledger or other records of the City pertaining
to its water system, and such ledger record or other record shall be made
accessible for inspection by anyone interested in ascertaining the amount of
such charges against the property.
Whenever a bill for water service remains unpaid 60 days after it has been
rendered, the lien thereby created may be foreclosed in the manner provided for
by ORS 223.610, or in any other manner provided by law or City ordinance.
Section
24. Nonpayment of Bills. A
customer’s water service may be discontinued if the water bill is not paid in
accordance with Section 19.
Section
25. Unsafe Apparatus.
(1) The
City may refuse to furnish water and may discontinue service to a premises
where an apparatus, appliance or other equipment using water is dangerous,
unsafe or is being used in violation of laws, ordinances or legal regulations.
(2)
The City does not
assume liability for inspecting apparatus on the customer’s property; however,
the City does reserve the right of inspection if there is reason to believe
that unsafe or illegal apparatus is in use.
Section
26. Service Detrimental to Others. The City
may refuse to furnish water and may discontinue service to premises where
excessive demand by one customer will result in inadequate service to others.
Section
27. Fraud and Abuse. The City
shall have the right to refuse or to discontinue water service to a premises to
protect itself against fraud or abuse.
Section
28. Noncompliance. The City
may discontinue water service to a customer for noncompliance with a City
regulation if the customer fails to comply with the regulation within five days
after receiving written notice of the City’s intention to discontinue
service. If such noncompliance affects
matters of health or safety or other conditions that warrant such action, the
City may discontinue water service immediately. In addition, water service may be discontinued for non-compliance
with, or violation of, any provision of this ordinance.
Section
29. Water Waste. Where
wasteful or negligent water use seriously affects the general service, the City
may discontinue the service if such conditions are not corrected within five
days after the customer is given written notice.
(a)
Hazardous
Conditions. Where the health, peace,
safety or welfare of the general public or of any person or property is in
danger due to the condition of all or part of the City water system, water
service may be discontinued over such area and for such time as is reasonably
necessary to protect the endangered persons or property until the hazardous
condition is corrected.
Section
30. Customer Request for Discontinuance.
(1) A
customer may have his water service discontinued by notifying the City at least
3 days in advance of the desired date of discontinuance. He shall be required to pay water charges
until the date of such discontinuance.
(2)
If notice is not
given, the customer shall be required to pay for the water service until the
date the City has learned that the customer has vacated the premises or otherwise
has discontinued services.
[Section
31 deleted by Ordinance No. 01-574-O 10/18/01]
Section
32. Abandoned and Nonrevenue-producing
Services. Where a service connection to a premises has
been abandoned or not used for a period of one year or longer, the City may
remove it. New service shall be placed
only upon the customer’s application and paying for a new service connection.
Section
33. Pools and Tanks. When an
abnormally large quantity of water is desired for filling a swimming pool, log
pond, or for other purposes, arrangements shall be made with the City prior to
taking such water. Permission to take
water in unusual quantities shall be given only if it can be safely delivered
and if other customers will not be inconvenienced.
Section
34. Fire Hydrants. If a
property owner or other party desires a change in the size, type or location,
of a fire hydrant, he shall bear the cost of such change. A change in the location of a fire hydrant
must be approved by the City.
Section
35. Damage to City Property. The
customer shall be liable for damage to a meter or other equipment or property
owned by the City which is caused by an act of the customer, his tenants or
agents. The damage shall include the
breaking or destruction of seals by the customer on or near a meter and damage
to a meter that may result from hot water or steam from a boiler or heater on
the customer’s premises. The City shall
be reimbursed by the customer for such damage promptly on presentation of a
bill.
Section
36. Control Valves. All new
construction shall provide for the installation of a suitable control valve, as
close to the meter location as practical, the operation of which will control
the entire water supply from the service.
Section
37. Cross Connections. No
physical connection, direct or indirect, shall exist, even temporarily, between
the City water supply and that of a private water supply. Where such a connection is found to exist,
or where provision is made to connect the two systems by means of a spacer or
otherwise, the City water service shall be turned off. The service shall not be re-established
until satisfactory proof is furnished that the cross-connection has been
permanently severed.
Section
38. Resale of Water. Except by
special arrangement with the City, no customer shall resell water received by
him from the City, nor shall water be delivered to premises other than those
specified in the application for service.
Section
39. Access to Premises. The City
or its duly authorized agents shall, during reasonable hours, have the right to
enter or leave the customers premises for a purpose properly connected with the
service of water to the premises.
Section
40. Tampering. No
person, firm or corporation shall commit or assist another in committing any of
the following acts:
(a)
Tampering or
interfering with any portion of the City water system.
(b) Intentionally
or recklessly damaging any portion of the City water system.
Section
41. Penalty. Violation
of any provision of this ordinance is punishable by a fine not to exceed
$100.00.
[Section
42 deleted by Ordinance No. 01-574-O 10/18/01]
[Section
43. Repeal.]
Passed
by the council and approved by the mayor February 7, 1979.