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Resolution 3385 - Water Utility Rates0, 4 RESOLUTION NO. 3385' A RESOLUTION TO ADOPT THE RATES, CHARGES AND CLASSIFICATIONS IMPOSED ON CUSTOMERS OF THE CITY OF KALISPELL WATER UTILITY AND OPERATING RULES AND REGULATIONS THEREOF. WHEREAS, pursuant to authority granted to municipalities operat- ing utility services by Sec. #69-7-101, M.C.A., the City of Kalispell did consider it proper to amend the rates, charges and classifica- tions imposed for utility services to its inhabitants and other per- sons served by the City of Kalispell Water Utility; and WHEREAS, said proposed amended rates, charges and classifica tions are reasonable and just and do not contemplate the said changes will yield more than a 121 increase in the total amount of annual revenue accruing to the City of Kalispell Water Utility; and WHEREAS, the City Council did, on November 25, 1981, set a pub- lic hearing to be held on December 16, 1981, on said proposed amend- ments to the rates, charges and classifications of the water utility services of the City of Kalispell;.and directed the City Clerk to give the necessary -Notice thereof as required by Sec. #69-7-111, M.C.A.; and WHEREAS, due and proper Notice of said Public Hearing has been given by the City Clerk by publication and mailing as required by law; and WHEREAS, said public hearing was duly held by the City Council ata public meeting thereof in the Kalispell City Hall beginning at 7:30 P.M. on December 16, 1981, and all persons appearing at said hearing and expressing a desire to be heard were heard, and all writ- ten comments thereon furnished to the City Clerk at said meeting or prior thereto were given consideration by the Council; and WHEREAS, at the same time and place the Council did consider and review Rules and Regulations for the operation of the City of Kalis- pell Water utility as proposed by the City Director of Public Works on behalf of said utility and the Council found same did contain all the minimum requirements of good practice which can normally be ex- pected for the operation of a utility and as required by Sec. #69-7- 201, M.C.A. . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL: SECTION I. The rates, charges and classifications as set forth on Ex it "A", attached hereto and by this ref6rence made a part - hereof, are found to be reasonable and just and are hereby established and adopted to be imposed for water utility service to the inhabi- tants of the City of Kalispell and those other persons served by its water utility system. SECTION Il. The Rules and Regulations for the operation of the City of Kalispell Water Utility as set out on Exhibit "B", attached heteto and by this reference made a part hereof, are adopted for the operation of the City of Kalispell Water Utility. SECTION III. This decision is final ten (10) days after same is filed VI-th the -City Clerk. The C ' ity Clerk shall file a copy hereof �,Ath 'the Public Service Commission of Montana upon its finalization. PASSEO BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 21 DAY OF December 1981 Fxancis T. 01Boyld',Ma:y_or Pico4Tem ATTEST - City Clerk -the undersigne . d, City Clerk of the City of. Kalispell certify that the foregoing is, a true opy Of the Resolution passed by the Ci�y Co-uncjj of the City of Kalispell, Montana at a -ogular meeting hold CI:G7 Zl;rk�bf the Cityi of Kalispell EXHIBIT "A" L� 1� I ......... CITY .. OF-KALISREM ..... .................... . .. (game of conipany) ............... ei—L—j I Sheet CancelliTir, Sheet No-..-a1j.-p-r-p-.v.jQuS ... . .......... ...... !���lp�N-T.I.A-L..,A,ND.,..COKME-R.C.I.A.L ................................................... Service -- ---- ............ .. .. . .. .. Avail.able for: All consumers residing within the city limits Rate: Monthly Service'4etered Rate: First 20,000 Gallons $.82 per 1000 Gpllons Next 30,000 Gallons .73 per 1000 Gallons Next 50*000 Gallons .70 per 1000 Gallons Over 100,000 Gallons .58 per 1000 Gallons - --------------- Minimum Charges per month ----------- Meter Size 5/80t $2.70 1 1/2-1 $13-45 3/4" 3.90 2 Of 26.90 Ito 6.70 3 It 44.80 1 1/4 f' 10.00 .4 41 67.20 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MULTIPLE USERS.* All consum'ers residing In multiple dwellings such as apartment houses condominiums, duplexes, fourplexes, etc., and all consumers residing In mobile homes or trailers within or Without trailer parks or tourist courts where more than one dwelling Is served through a common meter, such service provided through common meter shall be reduced to a per unit basis and rates per S'Chedule A applied thereto. Multiple Commercial Units served through a common meter shall be computed on the same basis. Prompt Payment Discount: Minimum Bill: Special Terms nnd Condition, See Sheet 2 Schedule R for Sprinkling Terms etc. ADOPTED BY RESOLUTION NO. EFFECTIVE DATE FELL WA-Em UTILITY KALISPELL. �rr ........ ......... ........ ............ ........... . ...... ...................... (N-0 R Schedule--..7�tt, -------- - s ee-- b t Cancelling Sheet No_21 LpT� qvjSWs ------- - ----- I..' vf� ...... .................... .... ......... ....... Service AvailaWe for: Residential'U' sers only Special Summer Rate—WaLer "used for Sprinkling Pur . poses�-- All Residential users who do not have separately metered sprinkling services will be charged during the months Of May, June, July, August September and October $.40 per thousand gallons on the amount of water used in. excess of the average consumption for'the precr-ding 9IX months. Usage below Lhe minimum In that base period will be computed at minimum to obtain -the average. C) Inasmuch as water bills are rendered bi-monthly with the:service area divlde� in'to two sect ions billed In altern'ote periods this special sprinkling rate will be appli . ed as follows: Section A: Aiest, e4Ac) Meters YEad lart Ould IWILIUrcred months; Excess usage- defined above In the period after the March reading to the November Reading, will be accorded Sprinkling Rate considerat !on Section B: (East Side) meters read in even numbered months: Excess usage defined above In the.period after the April reading to the December Reading, will be accorded Sprinkling Rate consideration 2A- r- IT Y .. OF_.KALJ_S.PF.Ll, . . .. . ........ . ......... . ... . ......... . .. Sheet A.10 .. U.T1U-1Y.,._KALI5PELL, --- Cancelling Sheet s (Name pf compaily) Schedule_-B-1- I Sgpg.r - I ............... . ... .... . ...... __ServiCe Ayaiiabl;for.- All users within the City Limits Rate - All water users supplied throogh a separately metered sprinkling service as provided in the Rules and Regulations, will b4 billed during the Sprinkling Season as defined herein at a minimum rate for the appropriate size meter In use and.,for all water used In excess of that minimum the established sprinkling rate will apply during the sprinkling season. No minimum monthly fee will be atsessed against these separate sprinkling services.e�:cept during the Sprinkling Season. No Sewer Fees will be assessed against these iiepar6te sprinkling services'untess 'water -Is .used for other purposes (which s-forbidden In the.Rules and Regulatlons Where usage other than during the Spt-inkling Season2 Is Indica6ed This separate service may be cut off and charge per Scliedule A Rendered for that usage. Separately Metered SprinklItig Services are permitted only in conjunction x4ith usage through a service to a dwellin g or commercial account and will not be provided for irrigation purposes. wompt Payment Discount: 11inilnuln Bill: Special Term3 nO Conditio-m Separate Sprinkling Services will not be granted outside the City Limits ADOPTED BY RESOLUTION NO. 3395� EFFECTIV E DATE I., I M 7' — L_j 1'.. ' I ......... CIT.Y.-OF M-1-1-SPStAw ............. . .................................. .......... WATER ... . ..................... ','NaMC Of COMPRny) Sheet No . ......... Cancelling Sheet Schedule ..... -C . ........... --­----------------- .................... COMMERCIAL ------------------------------------------- ............................ Service Available for: COMMERCIAL USERS AND SCHOOLS Rate: Special Summer Sprinkling: Commercial users, including Schools will be granted Sprinkling Privileges ONLY if Separately Metered Services are installed for that purpose. Such services may be entirely separate from the main to the property or separated shead.of the principal meter serving the property. Users served in this manner will be billed $.40-per M Gallons on -all water used for this pui�pose, .after applying the appropriate minimum charge, ddring t) he Sprinkling Season outlined under Residential Meters. No Sewer Fees will be assessed against these Separate Sprinkling Services unless water is used for other purposes, which Is fo�rbldden In the Rules and Regulations. The Utility will provide 5/811 meters for.these Separately Metered 'Services, if larger Meters are needed the cost of said larger meter will.be paid by the user. CITY OF KALISPELL .­­.i��.�6FVii lf� .. ................ Y, ............. ........... ...................... Sched . .......... -4- Sheet Cancelling Sheet No_.t!1._P_K5�Ktq.U_P ................... I ...... Service Available for. FIRE PROTECTION SPRINKLER sys'rEms­Not Metered— Rate: Size of Service Line 210 $ 8.50 per Month 311 10.00 per Month 410 11.25 per Manth 611 $13.50 per Month Bit 16.75 per Month 1090 22.50 per Month Miscellaneous Sales of Water: Water sold from Hydrants to trucks by the load $1.5-0 per M Gallons, Minimum Charge $10.00 per load. - MUNICIPAL HYDRANT CRARGES: The Water Utility will bill the City of Kalispeli annually for each hydrant in the system at the rate of $ 34.00 per hydrant G ......... C, I TY ... Of .... MLISML ...... ....... -.- ................................. WATER UTILITY, KALISPELL MT. .......... . ............. -- ........... ......................................... (Name of Company) Sheet No-.— ... . ...... Cancellirm Sheet No. --- A!!--PKfMt9-Us Schedule ........... - ------- — . ................... AEUPFIXT.IAL AM.-.r-0X'*:RCIAL ........................ Available for: Consumers located outside of City Limits: and within the Kalispell City Service area, Rates per Schedules A--B--C--D Plus a 25% Surcharge C I Ty .. QEJAUC auLL ......... .............. .. ......................... WATER UTILITY .......... -------- - (Name Wconlpany') --------- Available for- Rate - TURN CiN When applicable as provided In Rules and RegulaL tons Each occurrence whea made during regular working hours $20.00 When required other than regula r-working hours will be billed at overtime rate for hour!; involved with a minim'Um of two hours. C . e I- v i ce Sheet No ........ Cuncellhig Sheet No --- 9j.j--pXe . g3Li.gu�; Schedule ...... -ice ---- --- F-EES-..FjDR..SPEC.IAL,�SER.V.ICES ......... ........... ......... . ... ------ ..... . ........... Sery CONNECTION OF SERVICE AT MAIN The Utility will perform all necessary excava.tion ov'er and around the main to make the service c0:nnec'tIon',.custom'er will be charg'ed a flat feA of $92.00 for this service. The Uti-lity will provide nd install' a the Service Saddle and Corporation Cock and Tap the Main at no charge to user,'except for Tewip'orary Service and Private Fire Protection Lines which will be charged for materials used at cost plus 207. METER TESTING AT CUSTOMER REQUEST -'- Deposits �required as outlined in Rules and Regulations and refundable under conditions out -lined therein Meters up to 241 $40 Larg.er than 21! 100 J?,rompt Payment Discount,. Special Ternis and Condiiivn3 AbOPTED BY RESOLUTION NO. EFFECTIVE DATE I'. E X H I B I T B RULES AND REGULATIONS FOR THE KALISPELL WATER DEPARTMENT --Rule I Purpose of Rules and Regulations. The purpose of these Rules and Regulations is to set forth criteria to insure adequate service and prevent unfair charges to the Customer and to protect the Kalispell Water Depart- ment from unreasonable demands. The Kalispell Water Department is governed by the Kalispell City Council, hereinafter referred to as the City Council, and.is under the direct supervision of the Director of Public Works. The adoption of these Rules and Regulations shall not preclude the City Council from altering or amending them, in whole or in part, or from requiring other or additional service, equipment, facility or standard, either upon com- plaint, upon its own motion or upon application of the De- partment of Public Works. These Rules -and Regulations do not in any way relieve the Kalispell Water Department from any of its duties under the laws of the State of Montana. The authority requiring the Rules and Regula ' tions is contained in Title 69, Chapter 7, Montana Code Annotated. Rule II Definitions The words or phrases used hereinafter shall mean as follows: (1) "City Sewer" means the sewerage system operated by the Kalispell Sewer Department. (-2) "City Water" means water furnished by the Kalispell Water Department. (3) "Commerc-ial Service" means any water usage other than solely for residential purposes. Where a single structure has combined business and re- sidential usage, the water service shall be con- sidered "Commercial Service". Schools, hospitals, nursing homes, churches, hotels, motels, trailer parks, apartments and rooming housing having over two rooms on a rental basis are considered Com- mercial Services and not Residential. (4) "Customer" or "Consumer" means an individual part- nership, a9sociation, firm, public or private cor- poration or government agency receiving water. In the case of a tenant, landlord, the property owaer is considered the customer or consumer. (5) "Developer" means any person, firm, corporation or other entity who causes improvements to be made upon the laad with said improvements re- quiring water service, (6) "Director of Public Works" means the Director of Public Works -for the City of Kalispell or any person authoriz�d by him/her to perform acts in his/her behalf. (7) "Distribution Main" or "Main" means a water pipe. owned, operated and maintained by the Water De- partment, which is used for the purposes of dis- tributing water and to wbich service connections are attached. 4q 0­0­ (8) "Extension Agreement" means an agreement between the City of Kalispell and a Developer which allows the Developer to connect a main onto an existing main owned by the City, and extend water service LO t,-e pyoperty c,, tle "eveloper. The Agreement 11. L LL shall set forth the value of the extended main and the charges which customers along the main must pay to the Developer. The said Agreement must be approved ' by the City Council and signed by the Mayor and the Developer. (9) "Permittee" means any person, firm, corporation or other entity which obtains a written permit to cause construction work to be performed in accordance with the. permit. (10) "Private.Fire Protection Line" means a water service line extending from the distribution system to and through a structure for which the sole purpose of use is for the extinguish- ment of fire. A private Fire Protection Sys- tem is the property of the customer, and the Water Department does not operate or maintain any component of the Private Fire Protection System. (_11) "Public Service Commission" means the Montana Public Service Commission. (12) "Service Connection" means the connection at the distribution main which connects the cus- tomer's service pipe to the drain. (13) "Service Pipelf means the piping from the service connection at the main to the customer's premises beinp,supplied with water. (14) "Standards" shall mean the "Standards and General Provisions for Design and Construction", as adopted by the Kalispell City Council. -2- �15) "Residential Service" means water usage, solely for residential purposes. Hotels, motels, trailer parks, churches,.schools, hospitals, nursing homes and rooming houses are considered "Commer- cial Service". (16) "Water Departme-at" means the City of Kalispell Water Department. Rule III Records and Reports- (1) Preservation of Records. All records required by these Rules shall be preserved by the Water Department in accor- dance with the "Rules to Govern the Preservation of Re- cords of Public Utilities and Licensees", as prescribed by the National Association of Regulatory Utility Com- missioners (NARUC), dated April 1972. (2) Filing of Rules, Regulations and Rat e Schedules. No rules, regulations or schedules of rates or modification of the same, shall be"effective until.adopted by the City Council. (3) Financial and StatistIcal Report. The Water Department shall file annually a Financial and Statistical Report upon forms to be furnished by the Public Service Commi­ sion. This report shall.be filed on or before Septem ber 15 of each year and fees paid as set for in Sec- tion 69-3-204 MCA. I Rule IV Customer Informatio n . 4 0. T' (1) Rates. Water Department personnel shall explain to the customer, during the application for service, or whenever thR elistomer renuests., the rates applicable of service furnished to the customer"r. The Water Depart- ment shall supply the customer, when requested, with a copy of the rate schedule. (2) Rules and Regulations. A copy of the Rules and Regula- tions of the Water Department and any contracts and ap- plications applicable to the Water Department shall be maintained in the office for inspection by the public. (3) Posting, The Water Department shall exhibit, in a con- spicuous location, -a suitable placard in large type, giving information to the customer that a copy of the Rules and Regulations of the Water Department and a schedule of rates are available for their inspection. The information shall state that the Water Department is regulated by the Kalispell City Council and under the direct supervision of the Director of Public Works. Rule V Uses and Charees (1) Free Water. The Water Department shall not supply free water to any customer. (2) Temporary Services. Water for construction, special pro- jects or other short term usages must be applied for specially. The method of charge to the customer must be agreed upon before obtaining any water. The usage charge may be based on an agreeable estimate of water to be used at a rate commensurate with the Rate Sche- dule. The Water Department shall charge the customer for all posts of the connection at the main, including excavating to the main, installation and cost of the service saddle, installation and cost of the corpor- ation stop and tapping the main. Such rate will be at a flat fee, as noted on the Rate Schedule, plus the cost of the materials installed. The Water Department reserves the right to require metering of such temporary use, if the condition warrants, in which case the customer must pay for all charges, except the me'ter, for the Water Department,to tap the main and install necessary fittings and shutoffs, together with all other piping and ap- purtenances necessary to provide temporary services. Charges for. street or other surface repair and installa- tion and removal of the metershall also be borne by the customer. (3) Seasonal Service. Where water service is desired for only certain periods of each year, such as vacation homes, or where the customer wants the service discontinued for a period of time, the customer shall be considered receiving 11seasonal service". When such service is desired, the customer shall notify the Water Department, in writing, stating the date of water shut-off and the date of water turn -on. During the full billing periods the water is turned off, there shall be no billing. The Water Depart- ment shall charge the customer for turning the water on, in accordance with the Rate Schedule. (4) Private Fire Protection Line. The pipeline used for the fire protection system shall be separate, with no inter- connections between said servic,�! pipe and anv piping or fixtures within or outside the structure. The customer shall pay the cost of installation of the system, includ- ing the Water Department's charge for tapping the main, the fittings at the main and all piping and appurtenances. The private fire protection line will not be metered, but a monthly charge will be levied in accordance with the - Rate Schedule. 40.2 The extent of the rights of the private fire protection service customer is to receive such supply of water as shall be available, but only at times of fire on his pre- mises. The Water Department shall not be considered in any manner an insurer of property or persons, or to have undertaken to extinguish fire or to protect any persons or property against loss or damage by fire or otherwise, -4- and it shall be free and exempt from any and all claims for damages on account of any injury to property or per- sons by reason of fire, water, failure to supply water or pressure, or for any other cause whatsoever. (5) Water Sprinkling. Residential Services will receive a reduced charge for water sprinkling during the season when lawns, gardens and landscaping are being watered. The allowable amount for water, sprinkling shall be in the amount in excess of the average used during the 4 month period from November -March, or December -April, depending upon the billing period. Residential Customers who, at the customer's expense, install separated water sp.rinkling services, will be charged minimums for the size of meter installed and all water, above the mini- mum, used in that special service, will be billed at the Water Sprinkling Rate. The Water Department will fur- nish a 5/8" meter at no charge to the customer. The customer wanting a larger meter must pay the additional cost -of any meter furnished over the cost of a 5/8" meter, Commercial Services may request a water sprinkling rate, however, to obtain such a rate, the Commercial Ser- vice customer must install a separate connection so a meter can be installed an the same basis of meter cost as Residential Service, to measure the amount of water used for irrigation. All such metered water shall be billed at a minimum rate for the appropriate size meter, and for all water, above the minimum at the water sprink.- ling rate. The'amount of water which can,be used within the.minimum charge shall be based on the minimum charge for the ap- propriate size meter divided by the water sprinkling rate. No minimum charge will be made during the bi- monthly periods no water sprinkling is occurring. Me- tered service installed for sprinkling cannot be used for any oth.e.r purpose . . (6) No -City Water but City Sewer. Commercial or Residential Customers which are not on'the City Water, but which dis- charge sewage into the City Sewer shall have their water serv'ice metered. The metering shall be at the expense of the customer,.including the meter. Water Department personnel shall have access to the water meter for reading purposes. There will be no charge made for the water used, but the meter reading will be used as a basis for a sewer service charge. The Water Department reserves the right to check the customer's meter for accuracy. Meters which are found to be over 2% in error, in the customer's fa- vor, shall be replaced or repaired by the customer, at the customer's expense. -5- 4 0 (7) Usage Restriction. The Water Department agrees to fur- ni-sa water for certain spucified use for a eurLdlil spec-i- fied fee. If, therefore, a customer furnishes other lo- cations with water without written permission from the Director of Public Works, or uses the water for other purposes than those for which the customer is paying, it is a violation of his Contract and the customer is of- fending. Upon discovery by the Water Department of a violation of usage, the offending customer shall be mailed a written notice of such offense. After 30 days from the date of mailing said written notice, the Department of Public Works may have the water shut off and service discontinued until such time as the additional services furnished have been paid for or the offending condition rectified. A turn -on charge, if any, must be paid by the custamer in accordance with the Rate Schedule. In no case will the Water Department furnish water from one meter to two or more houses, whether or not the same are owned by one person or entity. (8) Charges Not Made to Customer. No charge will be made to new -customers for turning the water on or to existing customers cancelling their account for turning the water off if the turn -on or off is made during regular working hours. Turn -on service required at times other than re- gular working hours will be charged to the customer in accordance with the Rate Schedule. This no charge ser- vice does not apply to temporary services or seasonal services. (9) Resale of Water. Water furnished on approved rates or contracts by the Water Department shall not be resold or caused to be resold by any customer. lule VI -Rate Establishment All rates and rate adjustments shall be adopted by the City Council through the Hearing Process as provided by law. Rule VII Application for Water Service All Residential and Gommercial customers desiring water ser- vice must make written application at the Water Department office on forms provided therefor, setting forth in said ap- plication all purposes for which water will be used on their premises. In.cases where the customer is not the owner of the premises, the customer is primarily liable for payment for his water service and the property owner is jointly and severally liable for such payment. All applications for the introduction of water service to any premises must be signed kZ the property owner. Any'change ii.-i the identity' '�f the contracting customer or property owner at a premises will require a new application for water. When the contracting consumer is a rentor, a leasee, or is not the property owner, an application for water service shall be made in the consumer's own name and the consumer shall be liable for payment of the water service. In such instances, the Water Department shall notify the property owner of' the new service application and place the contracting consumer s name and�oate of service application on the pro- perty owner's application. Special written applications, on Water Department forms, must be made for temporary services, private fire protection lines, water sprinkling service to Commercial Customers or Residential Customers with separate water sprinkling ser- vices or any other service other than strictly Residential or Commercial Customern- 404 It is the responsibility of the applicant to contact the Director of Public Works or his authorized representative, prior to making application�to be sure that there is a water main adjacent to the applicant's property. If no main exists, it is the applicant's responsibility to install a main, in accordance with City Standards, at the applicant's expense. Applications which have been approved by the Director of Public Works, or his authorized representative, to be supplied to any premises or for any use shall constitute a right to the customer to take and receive a supply of available water for sAld purposes or for said use for the purposes specified in the application, subject only to the ful- fillment of conditions of the Rules and Regulations by the customer. Rule VIII Refusal to Serve Customer The Water Department may decline to serve an applicant: (1) until the applicant has complied with these Rules and Rdgulations governing water service, or (.2) if, in the judgement of the Director of Public Works, the applicant's installation of piping, equipment or appurtenances is regarded as ha- zardous, of such character that satisfactory service cannot be given, or (3) the applicant's system coul.d cause damage or harmful effects to the Water Department's system or adjoining properties. Such refusal to serve shall be made in writing to the applicant. In the event that the Director of Public Works shall refuse to serve an applicant under the provisions of this rule, the Director of Public Works shall inform the applicant that the applicant may s ubmit the question of refusal to serve to the City Council for their review and decision. Rule IX Billing (1) tilling Periods. The Water Department shall read meters for all customers at bi-monthly intervals except specific customers having other pe-fiods of reading due to unusual circumstances. The date of the month for reading any meter shall be, as close to practicality, to the same date of the pireceeding reading. The billing dates shall likewise be bi7.monthly, with a date of mailing of said bill as near as practicable to the date of mailing of the previous bill. (2) Opening and Closing Bills. Opening and closing bills for water service rendered for periods of five days more or five days less than the normal billing period will be computed in accordance with the rate applicable to the service, by amount of water blocks and the minimum rat ' e, on a pro -rated basis of the number of days in the period of question to the number of days in the normal billi,ng, period. (3) BillingInformation. Bills shall show the meter readings at the beginning �Lnd the end of the period for which the bill is rendered, the date of the meter reading, the num- ber of gallons supplied, and the date upon which payment shall be overdue. I I I 0 �- �:, 405�_ (4) Adjustment of Bills. The customer, at the customer's request is to be instructed'on how to read the water meter. If the customer believes the meter reading shown on the bill is incorrect by comparing previous billings and currenL readings, thc customer shaii nutify LILU WaLeE Department within five days of receipt of the billing in question. In case of a dispute as to the accuracy of the meter, the customer, upon depositing the amount set forth in the Rate Schedule, may demand that the meter be re- moved and tested for accuracy and may demand that the testing be done in the presence of the customer. The customer who desires to be present at the testing shall bear any of the costs incurred by the customer for the customer to be present. If the meter is found to be re- gistering correctly within two percent of true recording or in favor of the customer, the deposited amount shall be forfeited to the Water Department. If the meter is found to be recording incorrectly (i.e. over two per cent of true recording) against the customer, the Water De- partment shall refund the deposit and refund to the cus- tomer the overcharge, based on a true recording, for a period of six months or for a lesser period, if the date of cause can be established from records related to the cause. (5) Error in Billing. If an error in billing has been made, the City may go back up to six months to recover any under - billing or must go back six months to -refund any over - collections. (6) Dead Meters. If a meter is found not to register for any period, the Water Department shall compute the water used as follows: (a) For customers who have been served for over one year, the amount billed shall be based on the -same consumptive use as occurred during the same,period the previous year. (b) For customers who have been served for less than one year, the amount billed shall be based upon water used for the last billing period. Exceptions.will be made to the rule if the facts reasonably show that either method does not give the correct con- sumption for the period. (7) Late Payment. Bills not paid by the overdue date indicated on the bill are subject to an overdue charge. Rule X Complaints The Director of Public Works shall make a full and prompt in- vestigation of all complaints made by customers of the Water Department either directly or through the City Council and report the results thereof to the customer. If the coiaplaint is not rectified to the satisfaction of the customer, the Director of Public Works shall notify the customer of the privilege of appeal to the City Council. Rule XI Service Interruptions (1) Notification of Scheduled Interruption. Every customer affected by an -interruption in service shal) be notified in advance of all programmed work. Such 'notice shall be made at least 18-hours in advance in the form of personal contact, or a notification tag placed on the entrance way for interruptions affecting 24 or fewer customers. For interruptions affecting a larger area than the foregoing, the notification may be in the form of the foregoing or a notification over the electronic media at least twice prior to 18 hours before interruption. . . .. . .. ......... Emergency Interruption. The Water Department shall make diligent effort to avoid interruptions of service, and. when such interruptions occur, shall re-establish service as soon as possible. When emergency -repairs, such as main breaks, fire hydrant damage, etc., become necessary, a concerted effort shall be made by the Water Department to repair the cause without total disruption of service, except for that period when complete shutoff may be r-e- quired due to the nature of the damage. Notification of affected customers may not be possible. However, every effort shall be made by the Water Department to have an announcement sent over the electronic media if the period of total interruption is expected to be more than four hours. (3) Liability. The Water Department shall not be liable to customers or others for failure or interruption of water service due to main breaks, acts of God, governmental re- gulations, court or Public Service Commission orders, acts of a public enemy, strikes or labor disputes, accidents, weather conditions, acts of third parties, droughts, or, without limitation by the foregoing, any other cause beyond the reasonable control of the Water Department Personnel. (4) Fire. In case of fire or an alarm of fire, all water sprinkling shall be terminated. Water for sprinkling shall remain off until such time as the fire requires no additional water. (5) Adjustment of Rate for Interruption. 'Interruptions of service due to any of the foregoing or for the customer's frozen facilities shall not render the City liable for any adjustment in the bill. 'izule X11 Discontinuance of Service. (1) Vacation of Premises. Any customer who is about to vacate any premises supplied with service.by the Water Department, or for any reason wishes to have service discontinued, shall give at lea;t a 24 hour notice thereof to the�Water Department. Such notice shall specify the date on which it is desired that service be discontinued. Saturday and Sunday shall not be counted in the 24.hour notice period unless the customer agrees, in writing, to pay the actual cost of turning the water off on Saturday or Sunday. Until the Water Department received such notice, the customer shall be held responsible for all services rendered. (2) Temporary Discontinuance. Should the customer desire to discontinue the use of water temporarily, the Water De- partment, when notifi.ed in writing, will shut off the water at the curb stop and allowance will be made on the bill for such times as the water is not in use. If the .customer requ ests the service to be reconnected within ' 6 months of the date of disconnect, the customer shall pay the turn -on charge, as set for in the rate schedule, before the Water Department will turn on the water. (3) Discontinuance by WaterRepartment. The Water Department shall make a diligent effort to induce the customer to comply with its Rules and Regulations including the pay- ment of all bills. A diligent effort shall constitute the Director of Public Works sending the customer a written notice that the customer is in violation of its Rules. and Regulations or that the customer's bill is morethan 30 days delinquent. Except in the case,of dangerous con ditions or of fraudulent use of the water or the Water Department's equipment or appurtenances, the customer shall have seven -days after the date of said notice to comply with these Rules and Regulations, including pay- ment of the bill. If the customer does not comply with the notice within the seven day period, the Water De- partment will then place a notice upon the premises that indicates the date when the water will be shut-off. The Water Department shall not be liable -for failure of the customer to see such notice or for the disappearance of such notice from the premises. The Water Department shall record on the customer's record the date, time and person placing the notice. The Water Department shall not dis- continue service on Friday, Saturday or Sunday or a day prior to a holiday or if an emergency affecting health exists. A written statement from a physician or health agency must be presented to the Water Department within five days if such claim of emergency is made. In the case of fraudulent use or where a dangerous con- dition is found to exist on the customer's premisis, the water may be shut off without advance -notice. An example of a dangerous condition is one which could cause damage to the Water Department's system or one which could po- tentially.allow contaminants to enter the water lines. (4) Charges for Reconnections Due to Water Department's Discontinuance. Whenever the -supply of water is turned off for violation of the Rules and Regulations, including the non-payment of bills, dangerous conditions or frau- dulent usage, the Water Department must receive payment for a turn -,on charge, as set forth.in the Rate Schedule, before the water will be turned on. After service has been turned off because of non-payment of bills, the services shall not be turned on again until all back water bills together with the turn -on charge have been paid or an agreeable pay arrangement has been made. lRule XIII Access to Property.. I Water Department Personnel shall, at all reasonable times, have access to meters, service connections and other property owned by the City, which is on the customer's premises, for purposes of maintenance, operation and inspection. The cus- tomer shall remove obstructions and contain pets such that they do not impair ingress or egress or interfere with the work of the Water Department personnel. Refusal on the part of the customer to allow access for such purposes, remove obstructions or contain pets, shall be deemed to be suffi- cient cause for discontinuance of service by the Water De- partment. However, the customer shall have the right to verify the identity of the person seeking access. Rule XIV Identification of EmDlovees. Every employee of the Water Department whose duties require the entering of the customer's premises shall carry an iden- tification card which identifies the employee as a represen- tative of the Water Department. The identification card shall contain pertinent information necessary to identify the em- ployee including a photograph, together with the telephone number of the Water Department, The customer may refuse access to the customer's premises while the customer calls the Water Department to check the authenticity of the identification card and t'iat the employee is working,for the Water Department. I Rul (1) Utility to provide meters. All water furnished by the Water Department shall be metered, except private fire protection lines and temporary services. The Water Department shall provide, operate and maintain all such meters up to two inches in size, except as provided in Rule V (5) for water sprinkling. When a meter in excess of two inches is requested, the Water Department will pay the cost of a two'inch meter only and the customer shall pay the additional cost of the larger water meter, to- gether with all installation testing and maintenance thereof. Each single family residence shall have a service line which extends from the main to the residence. Structures containing two or more residences may have one service line and one meter for all residences within said struc.- ture or one service line and a meter for each residence within the structure at the convenience of the customer. Each separately metered line shall have a separate curb stop. The Water Depaxtment may replace any meter at such time as it may be judged necessary by the Water Department. The Water Department shall be the judge of the size of any meter installed. Such judgement shall be based 'on comparative usage of the facility to be served with other similar type facilities served or by the flow demand of the facility to be served. (2) Location of Meters. The customer shall provide adequate protection of the meter from frost or other damage and the customer shall provide and install a meter box, approved by the Director of Public Works, for such pro- tection if the meter is located outside.of a structure which would otherwise protect it from freezing or other damage. The meter must be located where it is easily accessible for purposes of reading and repairing. When a meter is located inside a house or building, the Water Department, at its own expense, may install a remote re- gister for meter reading on the exterior of the ho ' use or building. The cost of repairs to meters caused by free- zing or other damage shall be paid by the customer. (3) Meter Testing. The Water Department shall have apparatus and equipment for testing the accuracy of all meters owned by the Water Department through two inches in�`sjze. For testing of meters larger than 2 inches, the appa- ratus and equipment may be owned and operated by the Water Department or the meters may be sent to a qual- ified shop or laboratory for such testing. The Water Department shall have a program for testing of all meters and shall keep an accurate record of the date of testing of each meter. (4) Meter Accuracy. Whenever a meter is found to exceed a limit of two percent fast or slow, it must be either replaced or adjusted so as to register as nearly one hundred percent as commercially practicable. A manu- factuTer's certified test will be acceptable for the accuracy of new meters two inches or less. Now ineter's larger than two inches shall have a "test tee" in- stalled, at the customer's expense, on the building service side of the meter. The Water Depa;�tment, at its expense, may test new meters larger than two inches in place or replace said meters at the Water Depart- . ment's expense. For all meters larger than two inches, it shall be the customer's responsibility to pay for all costs of adjusting any new meter which is in excess of two percent fast or slow to a tolerance of one ----Per Qent-_ I I I 409 (5) Sealing. All meters which the Water Department deems to L_ 'thr 11C GCa-ICA by the 1, e w JL JL & t h e p r e s c r -4 "D e d a c cu r a c y sl-,L a I I - Water Department. The breaking of seals by unauthorized persons or tampering with the meter or meter piping shall be a violation of these rules and regulations. Rule XVI Changes in Character of Service. In the event the Water Department makes changes in the system which would cause an increase of 10 p.s.i.g., or more, in the pressure of the system, or portion of system thereof, the Water Department shall notify the customers who will be affected by said increase. The customer shall be respon- sible for the adjustment of appliances and equipment or installation and maintenance of pressure reduction devices to accomodate the increased pressure. Rule XVII Extension of Water Mains. (1) Cost of Extensions. The customer or developer shall pay the cost of all main extensions. The Director of Public Works and the customer or developer may negotiate an Extension Agreement whereby the customer or developer can recover a portion of the main extension costs when such extended main would be beneficial to others along the route of the main. Customers who connect to the main after the extension is complete and who did not share in the cost of the extension shall pay the main extender a pro rata share of the main and necessary appurtenance costs, including design and inspection fees. The pro rata share may be based on area, front footage or a com-- bination thereof or other -means agreeable between the City Council and the main extender which is fair and equitable to both parties and the future customer. The Extension Agreement shall be for a specified period not to exceed 20 years, and shall be approved by the City Council. (2) Cost to.Late-Coming Customer. The Extension Agreement shall set forth the parcels of property which could connect to the extended main without further main exten- sion and the amount to be assessed to each parcel. The late -coming customer shall pay the amount assessed to that parcel. directly to an escrow account, or other de- pository account agreed upon and recorded in the Exten- sion Agreem ' ent. The late -coming customer shall furnish the Director of Public Works receipted proof of such deposit at the time the said customer applies for water service for the parcel to be served. (3) Standards of Installation. All mains, appurtenances and auxiliary piping shall be designed and'installed in ac- cordance with the City Standards. (4) Oversizing Mains. If the City requires the customer or developer extending the main to install a larger size main than required by the City Standards, the City shall pay the difference in -cost between the larger main re- quired by the Director of Public Works and the size of main required by said standards. (5) Additional Extensions. The City reserves the right to further extend,the mains installed by the foregoing customers. The,City also reserves the right- to charge future main extenders, beyond those areas outlined in the Extension Agreement, for their pro -rated share of the Water Department's cost for the oversizing of mains. Such pro -rated -cost shall be based on the domestic plus fire flow capacity existing at the point of extension versus the domestic i)lus fire flow caused by the future extension. .1�uie XV111 Service Lines and Connections. 10 (1) Main Connections. Water De'partment Personnel shall per- form all necessary excavation over and around the main to make the service line connection to the main, however, the customer will be charged a flat fee, in accordance with the Rate Schedule, for the excavation work. For. � 1, - TJ , residenti-pl- -and serviccs, I.— 11-ter Dcpanrtumcnt, at its expense, shall install a service clamp and corpor- ation cock at the main, as well as tap the main. On all other services, the customer shall bear the full expense for labor, equipment and materials for such installation. (2) Service Lines. The customer, at the customer's expense shall install all piping and appurtenances, except the meter, from the main connection to the point of usage, and restore all surfaces to the condition which existed before the installation. The service line, curb cock and curb box shall be as specified in the City Standards. The curb cock and curb box shall be in the public right of way.or an easement, in an accessible location approved by the Director of Public Works. There shall be no branches made in the service line between the main and the meter. All piping and appurtenances shall be in- stalled, tested, chlorinated and flushed in accordance with City Standards. (3) Maintenance of Service Lines. The customer shall main- tain, at the customer's expense, all service piping and appurtenances in a good condition, operable and free from leaks. Failure to do so may be cause for discon- tinuance of service. If curb boxes are not maintained to a condition that the service can be shut off or turned on freely, the Water Department reserves the right to make whatever repairs are necessary to be able to per- form full funetions and charge the customer for labor, equipment and materials necessary to make the repair. It is the' customer's -responsibility to repair any leaks in the service line immediately upon discovery. ��ule XIX Freezing and Prevention of Freezing. �1) Mains. If there is a danger of freezing of the mains, the'Water Department may request customers individually or within a specified area, to run sufficient water to' prevent freezing. Customers thus requested will not be billed for th6 excess used and their billing during the request peiiod w " ill.be based on the same amount used during the same billing period the previous year, or, in the case of new customers, their billing will be based on a minimum charge. The Water Department shall notify the requested customers when the period of freezing dariger is over and the normal billing rate will become effective the next billing period. in the event the main does freeze, the Water Department shall be respon- sible for all - costs in thawing the main and repairing any damage.to the main. (2) Service Lines. The customer is responsible for the pre- vention of freezing of the service line and appurten- ances. If freezing does occur to the service line, the customer shall bear the cost of thawing and replacement of any damaged piping, appurtenances and equipment. it is the customer's r-asponsibility to properly drain all. water lines to prevent freezing when the service has been shut off for whatever reason. Rule XX Fire Hydrants. Fire hydrants, except those on --he Private Fire Protection Line, are the property of the City, which shall have the responsibility for maintaining the same in good repair. The cost for�hydrant maintenance shall not be included in the metered rates charged to the customer as set forth in the Rate Schedu.1e.