CHAPTER 90

 

WATER SERVICE SYSTEM

 

90.01       Definitions                                                 90.09       Installation of Water Service Pipe

90.02       Superintendent’s Duties                           90.10       Responsibility for Water Service Pipe

90.03       Mandatory Connections                           90.11       Failure to Maintain

90.04       Abandoned Connections                          90.12       Curb Stop

90.05       Connection Charge                                   90.13       Interior Stop and Waste cock

90.06       Compliance with Plumbing Code              90.14       Inspection and Approval

90.07       Excavations                                             90.15       Completion by the City

90.08       Tapping Mains                                         90.16       Shutting off Water Supply

                                                                                90.17       Operations of Curb Stop and Hydrants

 90.01   DEFINITIONS.  The following terms are defined for use in the chapters in this Code of Ordinances pertaining to the Water Service System:

1.         “Combined service account” means a customer service account for the provision of two or more utility services.

2.         “Customer” means, in addition to any person receiving water service from the City, the owner of the property served, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.

3.         “Superintendent” means the Superintendent of the City water system or any duly authorized assistant, agent or representative.

4.         “Water main” means a water supply pipe provided for public or community use.

5.         “Water service pipe” means the pipe from the water main to the building served.

6.         “Water system” or “Waterworks” means all public facilities for securing, collecting, storing, pumping, treating and distributing water.

90.02   SUPERINTENDENT’S DUTIES.  The Superintendent shall supervise the installation of water service pipes and their connection to the water main and enforce all regulations pertaining to water services in the City in accordance with this chapter.  This chapter shall apply to all replacements of existing water service pipes as well as to new ones.  The Superintendent shall make such rules, not in conflict with the provisions of this chapter, as may be needed for the detailed operation of the water system, subject to the approval of the Council.  In the event of an emergency the Superintendent may make temporary rules for the protection of the system until due consideration by the council may be had. (Code of Iowa, Sec. 372.13[4])

90.03   MANDATORY CONNECTIONS.  All residences and business establishments within the City limits intended or used for human habitation, occupancy or use shall be connected to the public water system, if it is reasonably available and if the building is not furnished with pure and wholesome water from some other source.

90.04   ABANDONED CONNECTIONS.  When an existing water service is abandoned or a service is renewed with a new tap in the main, all abandoned connections with the mains shall be turned off at the corporation cock and made absolutely watertight.

90.05   CONNECTION CHARGE.  There shall be a connection charge in the amount of one hundred dollars ($100.00) paid before issuance of a permit to reimburse the City for costs borne by the City in making water service available to the property served. (Code of Iowa, Sec 384.84)

90.06   COMPLIANCE WITH PLUMBING CODE.  The installation of any water service pipe and any connection with the water system shall comply with all pertinent and applicable provisions, whether regulatory, procedural or enforcement provisions, of Division 4, Plumbing Rules and Regulations, of the State Building Code.

90.07   EXCAVATIONS.  All trench work, excavation and backfilling required in making a connection shall be performed in accordance with applicable excavation provisions as provided for installation of building sewers and/or the provisions of Chapter 135.

90.08   TAPPING MAINS.  All taps into water mains shall be made by or under the direct supervision of the Superintendent and in accord with the following:

1.         Independent Services.  No more than one house, building or premises shall be supplied from one tap unless special written permission is obtained from the Superintendent and unless provision is made so that each house, building or premise may be shut off independently of the other.

2.         Sizes and Location of Taps.  All mains six (6) inches or less in diameter shall receive no larger than a three-fourths (3/4) inch tap.  All mains of over six (6) inches in diameter shall receive no larger than a one inch tap.  Where a larger connection that a one inch tap is desired, tow (2) or more small taps or saddles shall be used, as the Superintendent shall order.  All taps in the mains shall be made at or near the top of the pipe, at least eighteen (18) inches apart.  No main shall be tapped nearer than two (2) feet of the joint in the main.

3.         Corporation Cock.  A brass corporation cock, of the pattern and weight approved by the Superintendent, shall be inserted in every tap in the main.  The corporation cock in the main shall in no case be smaller than one size smaller than the service pipe.

4.         Location Record.  An accurate and dimensional sketch showing the exact location of the tap shall be filed with the Superintendent ins such form as the Superintendent shall require. (Code of Iowa, Sec. 372.13[4])

90.09   INSTALLATION OF WATER SERVICE PIPE.  Water service pipes from the main to the meter setting shall be type K copper tubing, or Schedule 40 plastic pipe.  Pipe must be laid sufficiently waving, and to such depth, as to prevent rupture from settlement or freezing.  The installation of the water service pipe shall be made by a plumber.

90.10   RESPONSIBILITY FOR WATER SERVICE PIPE.  All costs and expenses incident to the installation, connection and maintenance of the water service pipe from the curb stop or water meter pit to the building served shall be borne by the owner.  The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation or maintenance of said water service pipe. (Ord. 01-162 – Jan. 02 Supp.)

90.11   FAILURE TO MAINTAIN.  When any portion of the water service pipe which is the responsibility of the property owner becomes defective or creates a nuisance and the owner fails to correct such nuisance the City may do so and assess the costs thereof to the property.
(Code of Iowa, Sec. 364.12[3a & h])

90.12   CURB STOP.  There shall be installed within the public right-of-way a main shut-off valve on the water service pipe with a suitable lock of a pattern approved by the Superintendent.  The shut-off valve shall be covered with a heavy metal cover having the letter “W” marked thereon, visible and further marked by a post with sign attached labeling the shut-off position.  The City will be responsible for location of shut-offs and installation of signs.  In the event that shut-offs, posts or signs are damaged or removed, they will be repaired or replaced at the property owner’s expense. (Ord. 99-155 – Jan. 02 Supp.)

90.13   INTERIOR STOP AND WASTE COCK.  There shall be installed a shut-off valve and waste cock on every service pipe inside the building as close to the entrance of the pipe within the building as possible and so located that the water can be shut off conveniently and the pipes drained.  Where on service pipe supplies more than one customer within the building, there shall be separate valves for each such customer so that service may be shut off for one without interfering with service to the others.

90.14   INSPECTION AND APPROVAL.  All water service pipes and their connections to the water system must be inspected and approved in writing by the Superintendent before they are covered, and the Superintendent shall keep a record of such approvals.  If the Superintendent refuses to approve the work, the plumber or property owner must proceed immediately to correct the work.  Every person who uses or intends to use the municipal water system shall permit the Superintendent to enter the premises to inspect or make necessary alterations or repairs at all reasonable hours and on proof of authority.

90.15   COMPLETION BY THE CITY.  Should any excavation be left open or only partly refilled for twenty-four (24) hours after the water service pipe is installed and connected with the water system, or should the work be improperly done, the Superintendent shall have the right to finish or correct the work, and the Council shall assess the costs to the property owner and such assessment may be collected with and in the same manner as general property taxes.
(Code of Iowa, Sec. 364.12[3a & h])

90.16   SHUTTING OFF WATER SUPPLY.  The Superintendent may shut off the supply of water to any customer because of any violation of the regulations contained in these water Service System chapters that is not being contested in good faith.  The supply shall not be turned on again until all violations have been corrected and the Superintendent has ordered the water to be turned on.

90.17   OPERATION OF CURB STOP AND HYDRANTS.  It is unlawful for any person except the Superintendent to turn water on or off at the curb stop, and no person, unless specifically authorized by the City, shall open or attempt to draw water from any fire hydrant for any purpose whatsoever.

CHAPTER 91

 

WATER METERS

91.01       Purpose                                                   91.06       Meter Costs

91.02       Water Use Metered                                  91.07       Meter Repairs

91.03       Fire Sprinkler Systems – Exception         91.08       Right of Entry

91.04       Location of Meters                                  91.09       Maintenance Test

91.05       Meter Setting                                            91.10       Accuracy Test

91.01   PURPOSE.  The purpose of this chapter is to encourage the conservation of water and facilitate the equitable distribution of charges for water service among customers.

91.02   WATER USE METERED.  All water furnished customers shall be measured through meters furnished by the City and installed by an approved plumber or the Superintendent.

91.03   FIRE SPRINKLER SYSTEMS – EXCEPTION.  Fire sprinkler systems may be connected to water mains by direct connection without meters under the direct supervision of the Superintendent.  No open connection can be incorporated in the system, and there shall be no valves except a main control valve at the entrance to the building which  must be sealed open.

91.04   LOCATION OF METERS.  All meters shall be so located that they are easily accessible to meter readers and repairmen and protected from freezing.

91.05   METER SETTING.  The property owner shall provide all necessary piping and fittings for proper setting of the meter including a valve on the discharge side of the meter.  Meter pits may be used only upon approval of the Superintendent and shall be of a design and construction approved by the Superintendent.

91.06   METER COSTS.  The full cost of any meter larger than that required for a single-family residence shall be paid to the City by the property owner or customer prior to the installation of any such meter by the City, or, at the sole option of the City, the property owner or customer may be required to purchase and install such meter in accordance with requirements established by the City.

91.07   METER REPAIRS.  Whenever a water meter owned by the City is found to be out of order, the superintendent shall have it repaired.  If it is found that the damage to the meter has occurred due to the carelessness or negligence of the customer or property owner, or the meter is not owned by the City, then the property owner shall be liable for the costs of repairs.

91.08   RIGHT OF ENTRY.  The Superintendent shall be permitted to enter the premises of any customer at any reasonable time to read, remove, or change a meter.

91.09   MAINTENANCE TEST.  Every meter shall be removed from service at least once each eight (8) years and thoroughly tested for accuracy.  Any meter found inaccurate beyond a tolerance of one and one-half percent (1 ½%) shall not be returned to service until properly adjusted.

91.10   ACCURACY TEST.  The Superintendent shall make a test of the accuracy of any water meter at any time when requested in writing, but not more often than once in eighteen (18) months.  Such request shall be accompanied by a refundable deposit of ten dollars ($10.00) guaranteeing payment of costs if found due.  If the meter is found to overrun to the extent of two percent (2%) or more, the cost of the test shall be paid by the City and a refund shall be made to the customer for overcharges collected since the last known date of accuracy but not for longer than three (3) months, plus the meter test deposit.  If the meter is found to be accurate or slow, or less than two percent (2%) fast, the customer deposit shall be forfeited as the reasonable costs of the test, and the customer shall be liable for any deficiency over two percent (2%) up to three (3) months.


 CHAPTER 92

WATER RATES

92.01       Service Charges                                                       92.06       Lien for Nonpayment

92.02       Rates For Service                                                     92.07       Lien Exemption

92.03       Rates Outside the City                                              92.08       Lien Notice

92.04       Billing for Water Service                                          92.09       Utility Deposits

92.05       Service Discontinued                                                               92.10       Temporary Vacancy

92.01   SERVICE CHARGES.  Each customer shall pay for water service provided by the City based upon use of water as determined by meters provided for in Chapter 91.  Each location, building, premises or connection shall be considered a separate and distinct customer whether owned or controlled by the same person or not. (Code of Iowa, Sec. 384.84)

92.02   RATES FOR SERVICE.  Water service shall be furnished at the following monthly rates within the City: (Code of Iowa, Sec 384.84)

             Gallons Used Per Month                                Rate

            First 1000 gal.                                     $13.74             (minimum bill)

             All over 1000 gal.                               $ 8.75              per 1,000 gallons

                                                                                  (Ord. 12-215 – July 09 Supp.)

92.03   RATES OUTSIDE THE CITY.  Water service shall be provided any customer located outside the corporate limits of the City which the City has agreed to serve at the same rates provided in 92.02.  No such customer, however, will be served unless the customer shall have signed a service contract agreeing to be bound by the ordinances, rules and regulations applying to water service established by the Council. (Code of Iowa, Sec. 364.4[2] & 384.84)

92.04   BILLING FOR WATER SERVICE.  Water service shall be billed as part of a combined service account, payable in accordance with the following: (Code of Iowa, Sec. 384.84)

1.         Bills Issued.  The Clerk shall prepare and issue bills for combined service accounts on or before the first day of each month.

2.         Bills Payable.  Bills for combined service accounts shall be due and payable at the office of the Clerk upon receipt and shall be considered delinquent if not paid by the 20th of the same month.

 

3.         Late Payment Penalty.  Bills not paid when due shall be considered delinquent.  A late payment penalty of ten percent (10%) of the current amount due shall be added to each delinquent bill.  (Ord. 06-194 – July 09 Supp.)

92.05   SERVICE DISCONTINUED.  Water service to delinquent customers shall be discontinued in accordance with the following: (Code of Iowa, Sec. 384.84)

1.         Notice.  The Clerk shall notify each delinquent customer that service will be discontinued if payment of the combined service account, including late payment charges, is not received by the date specified in the notice of delinquency.  Such notice shall be sent by ordinary mail and shall inform the customer of the nature of the delinquency and afford the customer the opportunity for a hearing prior to the discontinuance. Notices sent to delinquent customers will include forms to request extension of date to pay for approval by the Water and Sewer Committee.

2.         Notice to Landlords.  If the customer is a tenant, and if the owner or landlord of the property has made a written request for notice, the notice of delinquency shall also be given to the owner or landlord.

3.         Hearing.  If a hearing is requested by four o’clock (4:00) p.m. of the day of the regular monthly council meeting, The Water and Sewer Committee shall conduct an informal hearing and shall make a determination as to whether the disconnection is justified.

4.         Service Shut Off.  The Superintendent shall shut off the supply of water to any customer who, not having contested the amount billed in good faith, has failed to make payment by the date specified in the notice of delinquency as approved by Council action.

5.          Fees.  A late charge shall be assessed to each delinquent customer that has not made payment by 3:30 p.m. of the last business day prior to disconnect unless written request has been approved by the utility committee.  All outstanding accounts as of 8:00 a.m. the day of shut-off will have additional charges applied whether service has been physically disconnected or not.  No fee shall be charged for the usual or customary trips in the regular changes in occupancies of property.  (Ord. 2013-217 – March 3, 2013)

92.06   LIEN FOR NONPAYMENT.  The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for water service charges to the premises.  Water service charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes. (Code of Iowa, Sec. 384.84)

92.07   LIEN EXEMPTION.  The lien for nonpayment shall not apply to residential rental properties where water service is separately metered and the charges therefore are paid directly by the tenant, providing the landlord has given written notice to the Clerk that the tenant is liable for the charges and a deposit not exceeding the usual cost of ninety (90) days of water service is paid to the City.  The landlord’s written notice shall contain the name of the tenant responsible for charges, the address of occupancy and the date of occupancy.  A change in tenant shall require a new written notice and deposit.  When the tenant moves from the rental property, the Clerk shall refund the deposit if the water service charges are paid in full and the lien exemption shall be lifted from the rental property. (Code of Iowa, Sec. 384.84)

92.08   LIEN NOTICE.  A lien for delinquent water service charges shall not be certified to the County Treasurer unless prior written notice of intent to certify a lien is given to the customer.  If the customer is a tenant and if the owner or landlord of the property has made a written request for notice, the notice shall also be given to the owner or landlord.  The notice shall be sent to the appropriate persons by ordinary mail not less than ten 920) days prior to certification of the lien to the County Treasurer.  (Code of Iowa, Sec. 384.84)

92.09   UTILITY DEPOSITS.  There shall be required for each utility account a one-hundred fifty dollar ($150.00) utility deposit intended to guarantee the payment of bills for service.  The deposit shall be refunded to customers who are the owners of the premises served at the end of one year of continued service provided that during the year there has been no notice of delinquency sent to such customer.  Customers who are tenants shall receive refunds of deposits only when such tenants vacate the premises served and at such time as all outstanding bills are paid.  Any occurrence or recurrence of a bad payment record may be the occasion for the Clerk to require a new or additional deposit for the continuance of service.  Written notice shall be mailed advising the customer of any new or additional deposit requirements, and the customer shall have twelve (12) days from the date of mailing in which to comply.  A deposit receipt shall be given the customer when the deposit is received, and a permanent file of such receipts shall be kept in the office of the Clerk and the deposits placed in a customer guarantee deposits trust fund. Customers choosing to provide incomplete information on their Application for Service shall be required to pay an additional one hundred dollars [$100.00] deposit to be refunded once the final bill has been paid. (Code of Iowa, Sec. 384.84) (Ord. 11-212 - July 09 Supp.)

92.10   TEMPORARY VACANCY.  A property owner may request water service be temporarily discontinued and shut off at the curb stop when the property is expected to be vacant for an extended period of time.  During a period when service is temporarily discontinued as provided herein there shall be no monthly minimum service charge.  The City will not drain pipes or pull meters for temporary vacancies.