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HomeMy WebLinkAboutOrdinance No. 449 THE CITY OF THE COLONY, TEXAS ORDINANCE NO. ~./~:~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ADOPTING THE WATER AND SEWER CODE OF THE FORMER COLONY MUNICIPAL UTILITY DISTRICT; PROVIDING AN ENFORCEMENT CLAUSE; PROVIDING A SEVER- ABILITY CLAUSE; PROVIDING A PENALTY OF FINE OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Adoption. That there is hereby adopted by the City of The Colony, Texas, for the purpose of prescribing regulations governing the supplying of water and sewer service, the rules and regulations adopted by the former Colony Municipal Utility District, and it is hereby incorporated herein as if fully set out in length herein and from the date on which this ordinance shall take effect the provisions thereof shall be controlling within the limits of the City of The Colony. A copy of the said Code shall be kept on file in the office of the City Secretary and is attached hereto marked Exhibit "A" and incorporated herein as if copied in its entirety. All references in the Code to "District" are amended to refer to "City" which reference shall be to the City of The Colony. All references in the Code to "District Manager" shall be amended to refer the "City Manager" and all references to "Board of Directors" shall be amended to refer to "City Council". Section 2. Enforcement. The enforcment of this Code shall be by the City Council of the City of The Colony, Texas, or through any person whom it may designate provided that such person is employed as an employee or under a contract with the City. Section 3. Severability. Provisions of this ordinance shall be, and they are hereby, declared to be severable, and should any portion of it be deciared to be invalid for any reason by a court of competent jurisdiction, such holding shall not affect the remaining portions thereof. Section 4. Penalty. That it shall be unlawful for any person to violate any provision of this ordinance, and any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in an amount not to exceed Two Hundred Dollars ($200.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 5. Emergency. The fact that the present ordinances and regulations of the City of The Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the immediate preservation of the same which requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED on this the c:~-~day of ~. , 1986. Mh~; City of ~'~e"C61ony,~ Texas ATTEST: City Secretary, City of the Colony, Texas APPROVED: City Attorney, City of ~ffe Colq~, Texas - 2- THE COLONY ~IUNIC1PAL UTILITY DISTRICT %%'ATER AND SEll;ER CODES Revised February 20, 1985 TABLE OF CONTENTS SECTION 1 DEFINITIONS SECTION 2 APPLICATION FOR SERVICE SECTION 3 WATER AND SEWER CONNECTIONS SECTION 4 FIRE SPRINKLERS SECTION 5 DEPOSITS SECTION 6 RATES AND RATE STRUCTURE SECTION 7 BILLING PROCEDURES/CUSTOMER COMPLAINTS SECTION 8 RESER\'ED SECTION 9 REFUSE COLLECTION SECTION 10 OTItER FEES AND CHARGES SECTION 11 REQUIRED NOTICES TO/FROM CUSTOMER/DISTRICT SECTION 12 PItOHIB1TED SUBSTANCES IN WATER SYSTEM SECTION 13 STORM SEWER & DRAINWAYS SECTION 14 FIRE HYDRANTS AND FLUSIIING VALVES SECTION 15 STORAGE TANKS SECTION 16 CROSS CONNECTIONS SECTION 17 PLUMBING REPAIR-RESPONSIBILITIES SECTION 1 8 OFFENSES AGAINST THE WATER SYSTEM WATER, SEWER AND REFUSE COLLECTION CODE Section 1. Definitions: The following definition, without limitation by reason of specification, shall apply. 1.1 Commercial Unit includes any unit other than a single or multiple residential unit. 1.2 Connection includes the service to any premises. 1.3 Cross connection includes any physical connection or arrangement of pipes bet~,-een two otherwise seperate water supply systems, one of which contains potable water and the other water of unknown or questionable saf- ety as determined by the District Manager of tbe District, whereby water may flow from one system to tile other, tile direction of flow depending on pressure differential bet~'een the t~'o systems. 1.4 Customer includes a person that: (a) Has an account with the District for the snpply of water, sewer or refuse collection services; or (b) Has made application, whether written or oral, to the Dis- trict for water, sewer or refuse collection services, and such service has been provided or made available by the District at the premises specified in the application. 1.5 District shall mean Tile Colony tMunicipal Utility District No. 1 of Denton County~ Texas, its' authorized officers, employees and agents. 1.6 District Code shall mean tile Code of Ordinances of The Colony Municipal Utility District No. 1 of Denton County, Texas. 1.7 District water shall include any water supplied to any premises, whether or not through a meter, flushing valve or fire hydrant, or to any customer, or to any other person, the source of which is th~ water system of 'be District. t.$ Equipment belonging to the District includes all pipes, meters, connections, valves and other tangibl? goods used by the District as part of its' water system. 1.9 District 7[an~ ger shall mean tbat person appointed by the Board of Directors to manage the affairs of the District, or his authorized repre- sentative. 1.10 Multiple Residential Unit include; a building or structure con- taining more than one single residential unit. Townhomes and condominiums are multiple residential units. 1.11 Person includes any individual, firm, association, partnership, corporation~ governmental body or any other entity. Section 2. Application fo]? water, sewer or refuse collection services. 2.1 Any person who desires to be a customer of the District's water, sewer or refuse collection service to any premises shall make writteu application to the District therefor upon a form provided by the District. The form shall provide that information deemed necessary or appropriate by the Distl'ict Manager. 2.2 An applicant or other person shall furnish proper identification upon request of the District~ together with all information regarding the premises, including but not limited to ownership, tenancy or any relation- ship of applicant or customer to other present or former applicants or customers at the premises. Failure of the applicant or customer to fur- nish such information within ten days shall be grounds for the immediate discontinuance of any water~ sewer or refuse collection services to the premises. 2.3 Should water, sewer or refuse collection service be discontinued to premises because of violations of the District Code, including delin- quent payment, no ne;.~ application shall be accepted from any person to provide or continue service to such premises under any other name so long as the premises are ~n the control of a delinquent customer whether owner or occupant or owned by the same owner, until all amounts due to the Dis- trict have be~:n paid in full or until an agreement for the payment thereof has been made with the District. An owner of any premises shall always be responsible for payment of delinquent accounts before service to ally premises will be resumed. 2.4 If any person shall knowingly and willingly make a false statement ii1 any application for water, sewer or refuse collection services, such person shall be guilty of a misdemeanor and shall be liable for a fine not to exceed two hundred dollars ($200.00). Section 3.0 Utility Connections 3.1 In every case ~'here any person desires connection with the District's water system, the District v~itl, upon written application accompanied by proper payment, furnish to the customer, install, inspect, and test a connection with the District water main. (a) The fee for water connections shall be: 5/8-3/4" tap $250.00 + cost* 1" tap $300.00 + cost* 1!~" tap $425.00 + cost* 2" tap $500.00 + cost* 4" tap $600.00 + cost* 6" tap $700.00 + cost* 8" tap $800.00 + cost* *Cost shall be all material and labor supplied by the District. (b) All customers shall be supplied with water only when the amount supplied is measured through a meter. Meters for service within the District sha] be furnished and installed by the District at the customer's expense unless otherwise approved by the District Manager. The location, size, installation, type and number of meters shall be at the direction of the District Manager. (i) In the event that a customer requests a meter location other than that prescribed by the District Manager, and if the District Manager gives his approval, the customer shall bear the entire expense of any excavation or extension of existing lines necessary to make the requested connection. (2) All meters, curb cocks, valves, meter boxes, and fixtures, appurtenant thereto, connected, installed or used by the District as provided herein, including those furnished at the customer's expense, shall remain the property of the District, under the direct control of the District. (3) Ail meters, which become unserviceable through normal wear and tear, shall be maintained, repafred and renewed as necessary exclusively by the District. W]~en such main- te~.ance, including adjustments, repair, or replacement of a~y meter becomes necessary by the act, nc~lect, negligence or carelessness of the own.~r or occupant of the premises, or their invitee, any expense thereby incurred by the District shall be charged the customer in the next bill. (4) The Distri~2t Manager shall have the authority to permit water to be supplied to a construction site without a meter under such regulations as he may issue. Manager appropriate, he may require, as a prerequisite for separate meterg~, one of which will measure the amount of water supplied to the customer for uses which would ordi- narily result in creation of sewage and one to measure the amount of water supplied for uses which will not result in the creation of sewage. Ihe former meter will hereinafter in this code be referenced as "water/sewer meter". (c) Control Devices (1) "Stop and Wastecock" - The customer shall install inside the property line a "stop and wastecock" of a design approved by the District Manager, at a location accessible in the event of an? emergency. The curb cock at the meter shall not bc used in lieu of this "stop and wastecock". (2) "Back-flow" - The District Manager may require the instal- lation of a check valve or back flow and siphonage device of a design approved on any premises for the protection of the water system. Should the District Manager deem such installatic~ necessary, upon written notice to the customer of such determination, the customer shall immediately install the type of device indicated in the notice at his ow~ expense. 3.2 No person shall tap, connect to, or othe~-~ise extend a wastewater line located within the public right-of-way or in an easement held by the Distric~, or tap or connect to any wastewater line which is owned or maintained by the District, without having first made application to the [3istrict. No wastewater connection shall be made to any premises unless such premises are connected to the water syst~ of the District. (a) Any person desiring to make connection to the District waste- water system shall make application to the District and pa7 a permit fee in a~cordance with the following schedule: (1) 4" standard connection - $150.00 + all material and labor. (2) Over 4" - $50.00 per inch of pipe diameter plus all material and labor. (b) Ail connections to the Pistric~'s sewer system shall be in accordance with the District's rules and regulations. No sewer connection or house lead shall be covered in the ground before a representative of the Distri2t has inspected the connection. 3.3 It shall be unlawful for any person within the District to construct, maintain, or operate a septic or sewage holding tank or any other sewage retainage or holding device of any type whatsoever for the storage or facility") other 'titan a sewage connection witi~ the District's sewer system without prior approval from the Board of Directors. The approval of the Board of Directors shall be conditioned upon the following: (a) Any private sewage facility shall meet the minimum requirements of and be licensed by the Denton County Health Department and be approved by the District's Engineer. (b) The private sewage facility, or any part thereof, may not be constructed within 300 feet of any organized disposal system. (c) Any license shall be cancelled and the approval terminated whenever an organized disposal system's collection lines are extend=d to within 300 horizontal feet of any part of the private sewage facility. Under no circumstances shall the District be liable for any part of the cost of installation or removal of such a private sewage facility, but all such costs shall be borne by the owners and/or users thereof. (d) At any time a private sewage facility license becomes cancelled under the opera[ion of provisiou (c), the owner and user of such facility shall take immediate steps to connect with the organized system, at the cost of the owner and/or user, within 180 days of such cancellation. (e) The owner and user of any private sewage' facility shall be liable to the District for any and all damages, costs and other expenses arising out of or caused by use of the private sewage facility. 3.4 Any customer that experiences stoppage in his sewer service should contact a plumber. If the plumber determines the stoppage is in those lines within the District'z easement, the District should be contacted i~mediately to make the necessary repairs. Should the District Manager determine the stoppale was ill the District's lines, he may at his discretioa authorize payment to the plumber or reimbursement to the customer for rzasonable service charges up to thirty (530.00) dollars upon receipt of a written request and a statement from the plumber. Section 4. Fire Sprinklers or Service System 4.1 No connection for a fire sprinkler or service system shall be permitted on any' premises without a meter, or a detector check with a bypass meter. Installation without a meter or a detector check may be allowed after written application has been made to and granted in writ- ing by the District. 4.2 The costs of purchase, installation, maintenance and inspection of all equipment required by this chapter for the installation and op- eration of fire sprinkler and service systems shall be at the expense of the customer. Section 5. Deposits 5.1 At the time application is made for water and sewer services; (a) A deposit shall be made with the District in the fei]owing minimum amounts for premises served as indicated: 2 inch water meter and smaller $35.00 3 inch water meter 60.00 4 inch water meter 80.00 6 inch water meter 100.00 (b) In lieu of a deposit, an applicant may present a letter of reference from another water utility in which he has been a customer for at least two consecutive years showing that there have been no delinquencies. 5.2 If any customer has an account that requires a minimum deposit of two hundred fifty dollars ($250.00) or more, the District Manager, in his discretion, may accept a bond in lieu of the cash deposit. 5.3 Any and all moneys collected from customers as deposits shall be deposited in a special fund. The District Manager shall keep an accu- rate record of such customers a~d a~ounts so deposited. 5.4 The deposits required by this chapter less any amounts due and ow- ing to the District shall be due and payable to the customer at the offices of the District when water service is permanently discontinued at the re- quest of the customer; provided that the customer signs an affidavit on a form provided by the District to affirm his entitlement to receive such a deposit. 5.5 If service has been disconnected to any customer or any premises for failure to pay any amount owing to the District, the District Mana- ger, in his discretion, may require a deposit in aiditien to that required by Section 5.1 up to a maximum additional deposit of sixty-five dollars ($65.00). 5.6 In June of each year leginnin6 in 1981, the District shall deter- mine which customers are eligible for a refund of their deposits. A cus- tomer is eligible for a refund if; (a) He has been a customer of the District for at least twenty- four consecutive months. (b) For the twenty-four months preceding tile detsrmination of elgibility for refund, the customer's service has not b. en termin- ated for failure to pay any amou~t owing to the District; and (c) Tile customer's deposit is being held by the District. Each customer who is determined to be eligible for a refund shall receive a credit on his bill issued by the District in July (or as soon thereafter as practible) for the amount of his deposit held by the Dis- trict up to the amount of charges for water and sewer service appearing on such bill. If the deposit exceeds the charges for water and sewer service appearing on the bill, then credits shall be given against each subsequent month's bill up to the amount of the charges appearing on that bill until the deposit has been fully refunded through credits against District bills. 5.7 In the event a customer has not paid a deposit pursuant to Sec- tion 5.1 (b) or has had the deposit refunded under Section 5.6 should have service discontinued for failure to pay any amount owing to the District, then as a condition to restoring service the customer will, in addition to paying all amounts owing to the District, make a deposit with the District in accordance with Section 5.1 (a) subject to being required to deposit a greater amount pursuant to Section 5.5 above. 5,8 A fee of ten dollars ($10.00) shall be charged all water service customers, whether residential or commercial, requesting a transfer of service within the District. Section 6. Rates 6.1 Any person receiving water from the District shall be charged and pay for such, water according to the following rates: (a) Single and Multiple Residential and Commercial During construction and prior to initial occupancy $10.50 After initial occupancy: 0 - 2,000 gallons $10.50 All over 2,000 gallons 1.50/1,000 gallons (b) Each Multiple Residential Unit and Commercial Unit within a single building or complex, shall be billed no less than the minimum monthly rate. (c) Any customer who received water services through two or more meters shall be charged no less than the minimum monthly rate for each meter on the premises so connected, whether active or inactive. Such customer may request the District permanently remove one or more of such meters and combine the water services into one meter; removal shall abate the charges related to such meters. Removal and reconnection of a meter for any seasonal pur- pose, including but not li~nited to lawn sprinkling, watering or air conditioning, shall subject the customer to a reconnection charge in an amount equal to the minimum monthly charge multiplied by the number of months that such service was disconnected, not to exceed a twelve month period. Any request that a meter be re- moved and reinstalled within any twelve month period shall be deemed for "a seasonal purpose" and presumed not "permanent" within the meaning of this sebsection. 6.2 Any person receiving sewer service from the District shall be charged and pay for such service according to the following rates: (a) Single and Multiple Residential Elat Rate $11.50 (b) Co~lercia] (based on water meter reading) 0 - 2,000 gallons $10.50 2,001 - 100,000 gallons 1.50/1,00!> gallons All over 100,000 shall be charged in accordance with rates established in the District's Industrial Waste Ordinance. (c) Each Multiple Residential Unit and Con~nercial Unit within a single building or complex shall be billed no less than the mini- mum monthly k-~ll. (d) Churches ~,nd schools will be charged according to commercial rate. (e) If a commercial unit does not have seperate meters in accordance with Section 3.1 B5, charges shall be based upon the gallons of all water used during the applicable billing period; provided, however, if any customer demonstrates to the satisfac- tion of the District Engineer that on a regular basis its' sewage output is not more than one-third of its' total water consumption~ their charges shall be based on one-third of the total number of gallons of water used by such customer during the billing period. 6.3 Any person receiving refuse collection servic~ from the District shall be charged and pay for such service according to the follo~ing rates: (a) Each custoli~er whose account is classified as a single resi- dentiel unit, which is not part of a multiple residential unit of five or more single residential units, and who receives refuse collection service shall be charged each month five dollars and twenty.£ent%(.$5.,20). (b) Tile charge for refuse collection service provided to mul- tiple residential unit consisting of five or more single resi- dential units shall be negotiated with the owner or the owners' association of these multiple resi:iential units who shall be charged for the refuse collection service. (c) The charge for refuse collection service provided to co~ner- cial unit or premises not included in (a) or (b) shall be negotiated with the customer whc shallbe charged for refuse collection service provided. Section 7. Billing 7.1 All meters shall be read once a month, as may be practicable, by the District and bills rendered therefor as proved in this section. 7.~ An estimate of the quantity of water delivered to the premises and bill therefor shall be made if: (a) The meter reader is~ in his judgement, unable to procure a reading of the meter because access to the meter is obstructed in any manaer subject to the control of the customer; or (b) The meter cannot be located by the meter reader; or (c) The meter does not properly function or is otherwise defective. (d) Adverse weather or other acts of God prevent the reading of the meter; or (e) No meter is in place at the premises; or (f) A meter reading is not available to the billing section of the District at the time of preparation of the bill for any other 7.3 All estimates herein allowed shall be based upon: (a) Past consumption'exp..~rience at the premises, adjusted for sL'asonal consumption, or, (b) If there be no past experience, upon consumption of a simi- lar type of customer in the same classification adjusted for seasonal consumption. 7.4 The customer shall pay to the District the amount of the bill ren- dered. In the event the customer d=monstrates that an estimate is ex- cessive, the customer shall pay an amount based upoIl: (a) An actual meter reading on the premises; or (b) A revised estimate made by the District as provided in Section 7.3. 7.5 Charges for refuse collection shall be billed and shown on the ~.ater bill r~ndered to the customer. In no event shall there be any abatement of the refuse collection charge billed to an owner or owners' association under Section 6.3 (b) by reason of tbe vacancy of any single residential unit within the multiple residential unit. 7.6 Charges for se~:~r service shall be billed and sho~.~n on the water bill rendered to the customer. In no event shall there be any abatement of the sewer service charge by reason of tile vacancy of any single resi- dential unit~ multiple residential unit, co~m~ercia], unit or any other building, structure or premises connected to tile se~.,'er system of the District. 7.7 Water, sewer and refuse collection bills including charges and penalties f,>r each customer shall be rendered by the District between the 1st and 10th day of each calendar month or as soon thereafter as practi- cal. The bill as rendered shall become delinquent after the 1st day of , :ch month as shown on the face of said bill, such date of delinquency to be determined as provided in the next subsection of this section. 7.8 Payment shall be made to the District as follows: (a) If payment is made by mail, the date of actual receipt by the District of a fully negotiable payment shall be the date that payment is deemed to have been received. (b) If payment is made in person in cash, the date of receipt shall be the date stamped upon the cash receipt issued therefore by the District. If ~':yment is made in person by check, the date of receipt shall be the date of receipt stamped upon the reverse thereof as part of the endorsement of the District. (c) Any bill not paid in full on or before the 1st day of the month following rendition of the bill to the customer shall be delinquent for purposes of this Chapter. (d) Failure to receive any bill provided by this Section shall not relieve the customer of any liability therefore. 7.9 A late charge of $2.00 shall be charged to any customer whose pay- ment is not received by the District on or before the 1st day of the month followir% rendition of the bill to the customer. Any expenses in- curred by the District in c~ llecting any delinquent bill including reason- able attorney f+es shall be added to the customer's bill. 7.10 When any cu~ tomer believes his meter is incorrect for any reason, he may make a written request to the District to have the meter examined and tested. The District Manager may require the customer to pay a fee for the rem~ vel and test of the meter in accordance ~'ith the following schedule of fees: 1}~ inch meter or smaller $20.00 2 inch meter or larger $35.00 If, upon r~moval and ~st, the meter is found by the District to register :ore than two percent more water than actually passes through it for m,-~t~rs of one inch or smaller, or three percent for meters larger than oue inch in :ize, the fee charged the customer under this subsection shall be credited to his account. Whenever a meter bas been found by the Dis- trict to be out of ~rder, as h,'rein defined, the customer shall be charged with an average daily consumption, as shown by the corrected meter, for the ninety day period preceding the filing of the request. 7.11 In any case in which there appears to be a material discrepancy in the amount of the bill rendered to the customer, it shall be the duty of the District, upon written notice form the customer, to send an in- spector to inspect and to verify the reading of the meter ~.~ithin five days of receipt of the complaint, at no charge to the customer. If the number of complaints exceeds three within any six month period, the Dis- trict shall charge the customer five dollars ($5.00) for any inspection made during the secceeding twelve month period, said charge to be added to the next bill rendered to the customer. 7.12 II1 the event a material discrepancy arises as a result of hidden water leaks or other latent causes of whicb the custo~ner was unaware and which the customer could not have discovered on reasonable inspection, an adjustment of his bill for water service shall be made on the follow- ing bases: (a) The customer shall be charged for the average of the amount of water consumed for the corresponding month in prior years. This average shall be calculated on the basis of no more than three years. No adjustment shall be made under this suh.~ection for any customer who has received service for less than twelve months. (b) Any customer who has received service for less than twelve months shall be charged for the average amount of water consumed by similar customers in the same classification. (c) In no case ;nay an adjustment be made under (a) or (b) more often than once every six months. (d) In no case may an adjustment be made under (a) or (b), if the customer does not n ~tify the district of the leak or does not repair the leak within five days of becoming aware of the leak or within five days of the day the customer had reason to know of the leak. 7.13 If service is supplied to more than one person at the premises, the District shall render its' bill for such water, sewer and refuse col- lection services as are provided to the customer in whose name the account standa, and the District shall not be responsible for any apportionment of the bill for the said services among the persons occupying or owning the premises. Upon default of payment by the customer~ the persons occupy- ing or owning the premises shall be jointly and severally liable for pay- me:~t thereof as if they' were the customer. In the event enumerated iii the preceding clause, 71nd if the occupant or owner shall pay such bill on demand of the District, the District shall be subrogated to the paying occupant or owner as to any cause of action by such paying occupant or owner on the debt of the customer that is thus discharged. 7.14 Water used in tile construction or repair of any premises shall be charged against the owner of such premises, who shall be conclusively pre- sumed to be the customer for all purposes of this chapter. 7.15 All water furnished to a City or any other government entity shall be payable to the District. Section 9. Refuse Collection Service 9.1 Refuse collection services may be provided to any l~remises. 9.2 Refuse collection service shall include the removal of garbage, trash, debris and brush. 9.3 Garbage, trash, debris and brush shall be placed in containers approved by the District. 9.4 Jltems ~hich ~ill not fit into containers approved by the District shall be bundled as prescribed by the District. 9.5 The location of the pick-up site for customers' refuse shall be prescribed by the District. Section 10. Other Fees and Charges 10.1 The District shall assess a fee of ten ($10.00) dollars for the dishonor of any check te:~dered to the District in payment of any charges or fees assessed by tile District. 10.2 The District shall assess a fee of ten ($10.00) dollars for re- connectillg a customer to tile District water or sewer system. 10.3 The District shall assess a fee of ten ($10.00) dollars for turn- ing on the water at the request of the customer between the hours of 5:00 p.m. and 8:00 a.m. weekdays, or at any time on Saturday, Sunday~ or any legal holiday. 10.4 The charges and fees provided in this section shall be in addi- tion to, not in lieu of, any charges, fees, rates or penalties, assessed under other provisions of this chapter or of the District Code. Section 11. Notices to and from the District customers and other persons. 11.1 Customers shall immediately notify tile District Manager of any alleged billing error. Any customer who alleges a billing error shall be informed that he may meet with the District Manager or his designee to present evidence concerning any dispute about the bill which remains tin- settled after the initial notification. No termination of services shall occur prior to an opportunity for this meeting, The District retains the right to terminate services after affording this opportunity to the custo- mer and concluding the amount billed was justly done. 11.2 The customer shall give notice to the District immediately upon the use of any of his water by an employee or contractor of the District who is engaged in work of any character. Such notice shall state the name of the owner of the premises, the add,~ess of the premises, and the approx- imate amount of water use. 11.3 The customer shall give ten days written notice to the District when it is desired permanently to discontinue ail water, sewer or refuse collection services to the premises. Notice gi',en under this subsection sbalt be effective upon receipt by the District to terminate any further accrual of liability by the customer for service included in thL notice. 11.4 The customer shall give notice to the District on the next busi- ness day after the premises of that customer sball become vacant or occu- pied. I~ such notice be not given, the owner of the premises shall be conclusively presumed to be the customer for all purposes of this chapter. Upon notice of vacancy under this subsectin, services to the premises shall be discontinued immediately and shall not be restored until auy past due bills are paid in full. 11.5 Before the commlencement of the construction of any sidewalk, drive- way, or st:eet in tile District, any person engaged in such construction shall give notice to the District at least twenty-four hours prior to the date upon which construction is to begin. This notice shall include tile location of and the date of co,~encement of tile construction. In the event that arrangements, as are necessary to protect the water system, shall require more than twenty-four hours to complete, the District shall notify the perosn or persons affected and shall have authority to restrain the commenc~,~ent of construction for such period as shall be necessary for the protection of tile water system. 11.6 Before the c¢~mcement of any opening, grading, regrading, fill- ing, e:cavation or any other structural work on any street or alley, ally person engaged ~n such work shall give written notice to the District at ].east ten days prior to tile date upon which construction is to begin. i'he contents of the notice required by this subsection should be inden- nical to that prescribed in Section 11.5. 11.7 Failure to furr~ish the notices to the District required in this chapter shall subject the person engaged in the construction or work de- scribed to liability to the District for any damages to the water system proximately caused by such failure. 11.8 The District shall never be liable for any claims of personal injury, whether resulting in death or not, unless tile person injured, or someone in his behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death injury, shall file a notice in writing ~.:ith the District Manager within six months after the same has been received, stating specifically in such notice, when, where and how the exact in- jury occurred, and the full extent thereof, together with the amount of damages claimed or asserted. Ncthing in this section shall ever be con- strued to grant to any person any additional rights not other~.~'ise pro- vided by law. 11.9 The District shall never be liable for any claims for damages or injury to real or personal property caused by the negligent act or omi- ssion of its' officers, servants, or employees, unless the person whose property has been injured or damaged, or so~eone in his behalf, shall file a claim in writing with the District Manager within six months af- ter said damage or injury has occurred, stating thereof, and the amount of damages claimed or asserted. Nothing in this section shall ever be construed to grant to any person any additional rights not otherwise provided by law. 11.10 The District shall never be liable on account of any damage or injury to persons or to property arising from or occasioned by any de- fect in any public street, drainage syst~!m, sewage or wastewater treat- ment plant or tile equipment thereof, elevated or ground storage reser- voir, water transmission main, sewer main or sewer, flushing valve, alley, sidewalk, parkway, grounds or public work of any nature or part thereof of the District unless the specific defect causing the damage or injury shall have been known to the District Manager for a reasonable time prior to the occurrence of tbe injury or damage, or unless the atten- tion of the Distr!ct Manager shall have been called thereto by notice thereof in writing at least forty-eight hours prior to the occurrence of the injury or damage and proper diligence has not been exercised to rec- tify the defect. The notice herein required to be given to the District Mauager of the specific defect c~using the damage or injury shall apply where the defect arose from any act or omission of the District itself through its' agents, servents or employees or through the acts or omissions of t!ird [~arties. The notice referred to in this section shall not affect the provisions of Sections 11.8 and 11.9 but shall be r:'[uired in addi- tion to a'~y notice otherwise required in such ~'rdinances. Nothing in this section shall ever be construed to grant to any person any additional rights not otherwise provided by law. ]1.11 Neither the District Manager nor any member of the Board of Directors or any other officer or employee of the District shall have authority to waive any of the provisions of Sections 11.8, 11.9, or 11.10, but the same may be waived onl_~, by resolution of the Board of Directors made and passed before the expiation of the same six month period pro- vided for therein, which resolution shall be evidenced by the minutes of the Board of Directors. Such ~aiver shall never be made in regard to the claims listed in subsection 19.3 Section 12. Prohibited additives to cooling towers or boilers. 12.1 tt shall be unlawful fo[' any person to place or permit the placement of an additive into a water cooling tower or into a boiler, the effluent of which empties or will be emptied into the storm sewer system or the sanitary sewer system, except for discharges for mainte- nance of a closed system, which additive contsins any o"i the following substances: (a) Chromium; (b) Any salt of chro~nium; (c) Any compound containing chromium; (d) Zinc; (e) Any salt of zinc; (f) Any compound containing zinc. Section 13. Prohibited drainage into storm sex.,'er or surface drain system. 13.1 It shall be unlawful for any person to place or permit to be placed the following substances into a storm sewer or a surface drain system of the District or to place orpermit to be placed such substances in such a manner that such substances ~ill be discharged into a s~orm system or a surface drain system of the District: (a) Any continuous water discharge into tile surface drainage system of the District that promotes the breeding of mosquitoes, growth of algae or that softens the ground under curbs, streets, or sidewalks contributing to their displacement or destruction; (b) Water from cleaning or maintenance of buses, trucks, or other vehicles, by businesses which operate or clean more than two vehicles, except as provided in Section 13.2. (c) Waste water or effluent from animal pens, florist shop, garden shop, greenbouse, plant sales shop or I'hotography pro- cessing shop or laboratories; (d) Grass clippings, leaves' or any other debris; (e) Concrete mortar or asphalt base material; (f) ' Machinery crankcase drainings, vehicle engiue wash, oils, greases or like material; (g) Any substance that will damage or clog a storm sewer or surface drainage system of the District. ]3.2 Water from cleaning or maintenance of buses, trucks or other vehicles may be allowed to be placed or discharged into a storm sewer or a surface drain system by a business which operates or cleans more than two vehicles provided: (a) The District Engineer ascertains that no sanitary sewer is available. (b) The business has installed a sand and grease trap ap- proved by the District Engineer. (c) The business shall have received written approval of tile District Manager. Section 14. Fire Hydrants or Flushing Valves. 14.1 Flushing. valves or fire hydrants are provided for the sole pur- pose or use by the District to flush mains and may be used or opened only by the District or upon written authority of the District. 14.2 Any person authorized to open flushing valves or fire hydrants shall use only an approved spanner wrench and shall replace the caps on the outlets when the same are not in use. 14.3 The District may in its' discretion require a deposit in an amount fixed by the District for any use of water from flushing valves or fire hydrants other than by tile District. 14.4 Upon written request by the owner of the premises on which a f ushing valve or a fire hydrant is located, and upon approval of such request by the District, a flushing valve or a fire hydrant may be moved, tile costs of such a m~ve to b~ borne solely by tile owner of the premises, which costs are to be deposited with the District prior to such ~ move. Section 15. Storage Tanks. 15.1 In a case in which District water is used as an auxiliary supply to a roof or suction tank which is supplied also from any other source, such tank shall be of the open type, not of the pressure type~ and Dis- trict ~ater shall in such a case, be delivered: (a) Above the flow line; and (b) Under the control of an automatic valve of a type approved for such use by the District. 15.2 All storage tanks shall be subject to periodic inspection by the District and shall be maintained in conformity with the standards and requirements of the state department of health. 15.3 No pump taking suction from the District supply for the purpose of service of storage tanks shall be installed or operated for such pur- pose, except upon prior issuance of a permit therefore by the District which permit shall specifically approve the size, rate, capacity and relying arrangements of such pu~nps. Section 16. Cross Connection. 16.1 No cross connectSon shall be permitted between any system of piping supplied by water from the mains of tl~e District and any other source of supply, public or private, or any secondary source knowi1 to be made unsafe for drinking water. Section 17. Plumbers. 17.1 tt shall be unlawful for any person other than a plumber, as defined in this ~hapter, to connect any water service on the premises or outlet side of a'~y meter or meter box. 17.2 It shall be the duty of any plumber who engages in construction or repair operations on any portion of the water system to report prompt- ly to the District: (a) Every instance in which he has reason to believe that any person has tampered with, damaged or made unserviceable any meter, meter box, or other equipment belonging to the Dis- trict; and (b) Every instance in which he has reason to believe that any unauthorized connections have been made by any person for any purpose. 17.3 Any c-.mmunication between the plumber and the District required under this subsection shall be priviledged, and no action may lie against any plumber for such communication made in good faith. 17.4 Whenever any plumber shall use District water in testing pipes or repairing fixtures, he shall, before leavin~ t'a.e premises, turn the curb cock to the position in which he found it when he first opened the meter box. 17.5 It shall be unla~ful for any plumber to leave open for inspec- tion any ditch, trench or other type of excavation on any public right- of-way or public way, unless the excavation is barricaded and lighted in a manner approved by the District. After i:!spection, the plumber responsible for the excavation shall backfill and securely tamp any such excavation so that the public way shall be safe for vehicular or pedes- trian traffic. For the purpose of this subsection a plumber shall in no case be deemed an agent, employee, servant or independent contractor of the District, and failure to comply with the provision of this sub- section shall render such plumber primarily liable for any damage or injury to any person or property that results from such noncompliance. 17.6 Failure of any plumber who does any work under provisions of this chapter to pay promptly all charges and permit fees when rendered by tile District shall result in the withholding of any further permits for such work until such fees and charges shall have been paid in full. 17.7 Only pipes of a size and type prescribed by the District shall b.~ used to connect to tile water mains and other equipment of tile ~..'ater department, and the use of any other kind of pipe is expressly prohibited. Violation of this subsection si all be punishable as a misdemeanor. Section 18. Off~mses agaznst the water system; prima facie evidence. 18.1 It shall be unlawful for any person within the District to: (a) Receive or obtain water from any ground source within the Distric~, including from any wells, other than the Dis- tricts' water system without the express written permission of the District Manager after approval by resolution of the Board of Directors of the District. (b) Receive water from the District otherwise than through a meter, as prescribed and subject to the exceptions iu this chapter. 18.2 It shall be unlawful for any person to convert to his use any water from any flushing valve, fire hydrant or other water connection that is not on his premises, except that such conversion shall be per- mitted if: (a) The written consent of the owner or occupant of the pre- mises flushing valve or fire hydrant or of the customer whose water is to be converted is first obtained; or (b) The purpose is to contain or to extinguish a fire or a similar emergency circumstance exists. 18.3 It shall be unlawful for any person to: (a) Prevent water from passing through, or to bypass in any manner, any meter used by the District to supply water to a customer; (b) Prevent a meter used by th.~ District from registering the quantity of water supplied to a customer; (c) Interfere with the proper and accurate registration upon a meter used by the District of the amount of water supplied to a cuslomer; (d) Divert water without proper authorization, by the use of auy device, from a pipe or pipes used by the District; (e) Refus~ to surrender upon demand to the District any meter or other equipment in his possession, custody or control; (f) Turn on or use water from tbe District without an appli- cation or permit, properly issued as provided by this chapter for the premises, prior to such turning on or use; (g) Place upon or ~bout any valve, manhole, curb cock, stop box, meter, meter box or flushiug valve or fire hydrant connect- ed to any water pipe belonging to the District, re~iardless of location, any object or structure that will preveut free access (h) Deny any authorized employee of tbe District access to any valve, manhole, curb cock, meter, meter box or flushing valve oF fire hydrant connected to any water pipe belonging to tbe District, whether such denial he by overt act or by creation or toleraace of a hazardous condition on the premises; (i) Interfere with the performance of any lawful duty of any employee of the District by obstruction of the said employee in the discharge of his duties, whether such interference be by threats~ gestures or otherwise; (j) Injure, deface or destroy unlawfully, willfully or mali- ciously any reservoir, machinery, pipes, flushing valves or by- drants, meters, meter boxes, lids or other equipment belonging to the District; (k) Comm~unicate any current of electricity to, or to transmit the same along or through, or cause or permit any current of elec- tricity to be communicated to or transmitted along or through any equipment belonging to the District; (1) Make or cause or permit to be made any metallic connections, either directly or indirectly, with any equipment belonging to the District whereby any electrical current shall or may be communicat- ed to or transmitted along or through such equipment; (m) Conduct or carry away any water from any flushing valve or fire hydrant without a written permit from the District; (n) Make any cross connection between any system of piping sup- plied by water from the mains of the District and any other source of supply; (o) Maintain storage tanks supplied only with District water, unless tile tanks are constructed and maintained in accordance with such regulation as may be issued by the District; (p) Build, or cause to be built, any structure in such a manner as to expose any equipment belonging to the District to damage from vehicular or pedestrian traffic on any street, road or alley, whether public or private, unless a permit for such a structure shall have b.?en first obtained; (q) Sell water for domestic or any other use within the District unless a ~ermit for such or use has been first obtained from the District ~'qanger; (r) Interconnect private supplies of water, including deep well systems, with the District water system, except as provided in this subsection: (1) Correction and maintenance, in a mauner satisfactory to the state department of health and the District, of all existing sanitary defects in and around the private suppl~ system; and (2) Provision to be made for complete bacteriologocal analyses by the District of the supply involved, in accor- dance with the standard methods of water analysis of the American Public Health Association. This requirement means not less than four analyses per month of two standard samples, or more often if the analyses so warrant; and (3) Provision by the owner of the private system involved to pay an equitable, pro rata share of the cost of all in- spection and testing required herein, the rates to be deter- mined by the District. (s) Place or permit to be placed in District water any substance including but not limited to poisons which may reasonably be con- sidered to be injurious to health. (t) Tamper, manipulate, alter or otherwise change a meter or any part thereof for any purpose, including specifically, to cause water to be supplied to any person or residence ~'hen such meter has been disconnected by the District. (u) Turn on or otherwise obtain or use water from the District through a meter after the District has duly disconnected the meter for delinquent payment of water charges. 18.4 The existence of any device, pipe or meter connected to any equip- ment belonging to the District for the purpose of furthering any of the unla~ful objects stated in section 18.1 through 18.3 of this chapter shall constitute prima facie evidence of knowledge of the particlular violation charged. 18.5 Any person who violates section 18.1 through 18.3 of this chapter shall be guilty of a misdemeanor and shall be liable for a fine of not more than two hundred dollars ($200.00) per each violation thereof. The District shall also have power to enforce this chapter through civil ac- tions in the courts, as provided by state law. Services may be discon- tinued to any customer who violates sections 18.1 through 18.3 (d) Churches and schools will be charged according to commercial rate. (e) If a co~mtlerciat unit does not have seperate meters in accordance with Section 3.1 B5, ch~rges~shall be based upon the gallons of all water used during the applicable billing period; provided, however, if any customer demonstrates to the satisfac- tion of the District Engineer that on a regular basis its' sewage output is not more than one-third of its' total water consumption, their charges shall be based on one-third of the total number of gallons of water used by such customer during the billing period. 6.3 Any person receiving refuse collection service from the District shall be charged and pay for such service according to the following rates: (a) Each customer whose account is classified as a single resi- dential unit, which is.not part of a multiple res_idential un_it of five or more single residential units, and who receives refuse collection service shall be charged each month five dollars and twenty.£ent~($5..20). (b) The charge for refuse collection service provided to mul- tiple residential unit consisting of five or more single resi- dential units shall be negotiated with the owner or the o~ers' association of these multiple residential units who shall be charged for the refuse collection service. (c) The charge for refuse collection seryice provided to commer- cial unit or premises not included in (a) or (b) shall be negotiated with the customer who shallbe charged for refuse collection service provided.