Sanger Municipal Code § 82-47 City to provide stopcock

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Clerk of the water department means the director of administrative services.

Consumer includes every person to whom water is furnished from the water system of the city for himself, for his family, for his lessee or for a place of business.

Water superintendent means the director of municipal services.

(Code 1960, § 23.1; Ord. No. 896, § 6(42), 10-7-93; Ord. No. 973, § 1, 10-16-97)

Cross reference— Definitions and rules of construction generally, § 1-2.

The water superintendent for enforcement purposes, or his authorized representative, shall have access, at all times, to all parts of the premises supplied with water to see that everything pertaining to the water service is in good repair, and that the rules and regulations of this chapter are being observed.

(Code 1960, § 23.2)

Water meter installation and lateral connections shall be completed by a licensed contractor. All costs associated with the installation of the lateral, meter, meter box and associated appurtenances shall be the responsibility of the property owner. The superintendent of water, when in the best interest of the city, shall have the option of using city crews to install lateral connection to the city water main or distributing system. Cost of city crews installing water service shall be on costs reasonably borne for actual costs to the city.

(Code 1960, § 23.3; Ord. No. 973, § 2, 10-16-97)

No person shall tamper with, deface, damage, destroy, or climb any fence, water tower, pump station, or any other equipment, material or apparatus connected with the city water system.

(Code 1960, § 23.4)

No person shall tamper with, deface, damage, or destroy a fire hydrant. No person other than a duly authorized employee of the city shall attach to the operating stem or cap of a fire hydrant any wrench or tool that is not approved by the water division for use on fire hydrants.

(Code 1960, § 23.5)

No person shall supply water to a person whose water has been shut off because of nonpayment of a water bill.

(Code 1960, § 23.6)

No person shall turn the water service on after it has been turned off for nonpayment of a water bill.

(Code 1960, § 23.7)

(a) No person shall place on, about or around any water meter, hydrant, valve, or stopcock connected with the pipes of the water works of the city any building material, rubbish, trash or other obstruction so as to prevent free access to the same.

(b) No person shall allow to grow any grass, bushes, trees or plants so as to obstruct the accessibility or visibility of any water meter, hydrant, valve, or stopcock.

(c) No person shall allow any pet or animal in the area of a water meter, hydrant, valve, or stopcock which would prevent the access to same.

(Code 1960, § 23.8)

(a) The use of a city fire hydrant is prohibited, except by city employees in the performance of their duties, unless a fire hydrant meter is installed by the city in accordance with the rate schedule adopted by resolution of the city council.

(b) Except as provided above, no water shall be taken from any fire hydrant, stand, line or facilities served through such connection except for fire control.

(Code 1960, § 23.9)

All faucets, hoses, sprinklers, nozzles, or other contrivances through which a continuous stream of water can be conducted must be shut off promptly upon an alarm of fire being given in the city, and the water from same shall not be turned on again until the fire is extinguished.

(Code 1960, § 23.11)

(a) Any person violating any of the provisions of this article shall be deemed guilty of an infraction and upon conviction thereof shall be punished in accordance with section 1-7.

(b) In lieu of or in addition to subsection (a) of this section, the city manager or his authorized representative may cut off the water supply from the premises to which water is furnished for violation of any provision of this article.

(c) When such water supply has been cut off for violation of this article, or any ordinance of the city, or any provision thereof, or rule of the city, or for nonpayment of a bill, it shall not be turned on again except by an authorized representative of the city manager and only upon full payment of the amount then due to the city and in full compliance with the terms and provisions of this article, together with the additional sum required by section 82-62 for the expense of turning the water off and on.

(d) The city shall also establish a written water shut off policy for non-payment of residential water service by city council resolution which shall be consistent with SB 998.

(Code 1960, § 23.12; Ord. No. 2020-01, § 1, 2-6-20)

The water division representatives shall, at all times, have the right of ingress to and egress from the consumer's premises at all reasonable hours for any and all purposes reasonably connected with the furnishing of water, and the exercise of any and all rights secured to it by law or these rules and regulations.

(Code 1960, § 23.12)

The city will not be responsible for the breaking of any pipe or service cock or for any other interruption of supply of water by reason for such break or by reason of the breaking of machinery or stoppage for necessary repairs.

(Code 1960, § 23.14)

The city reserves the right at any time to shut off the water in the main for the purpose of making repairs or extension, or for other purposes.

(Code 1960, § 23.15)

All properties receiving city water shall be required to have a water meter installed, the number and minimum size as directed by the water superintendent unless in the discretion of the city manager the installation would constitute a physical impossibility.

(Code 1960, § 23.16)

All new development within the city is required to receive their water supply from the city. Only existing facilities which then received water from other sources may continue to receive water from those sources.

(Code 1960, § 23.17; Ord. No. 896, § 6(43), 10-7-93)

Except as further set out herein, no new water service of [or] supply will be provided to any property outside the city limits.

(1) Upon written application by a public agency with public facilities located outside the boundaries of the city, the city council hereby designates to the city manager the authority to enter into an agreement with the public agency to extend water service and/or supply to a particular public facility. In so doing, the city manager shall consider the benefit of the public facility to the citizens of Sanger and consult with and obtain review and/or approval of any such agreement by the city engineer and/or city attorney as applicable.

(2) Upon written application by a land owner, developer, or commercial business located outside the boundaries of the city, the city council hereby authorizes the city manager to enter into an agreement with the land owner, developer, or commercial business to extend water service and/or supply to a particular facility. In so doing, the city manager shall consider the benefit to the citizens of Sanger and consult with and obtain review and/or approval of any such agreement by the city engineer and/or city attorney as applicable. Additionally, such extended service and/or supply pursuant hereto is only authorized for to land within the city's sphere of influence and must conform with all current city standards, current laws, receive the appropriate approvals of other agencies as required by law, and include a provision whereby the property owner agrees not to object to or otherwise oppose the city's annexation of the property owner's property at a future date, should such an annexation occur.

(Code 1960, § 23.18; Ord. No. 1068, § 1, 10-20-05; Ord. No. 1156, § 1, 2-5-15)

All water meters and service pipes installed shall remain at all times the property of the city and shall be maintained and repaired and removed by the city when rendered unserviceable through fair wear and tear.

(Code 1960, § 23.19; Ord. No. 973, § 3, 10-16-97)

When replacement, repairs, or adjustments of any water meter are rendered necessary by the act, negligence or carelessness of the consumer, any expense incurred by the city thereby shall be charged against and collected from the consumer. Consumers shall not tamper with, deface, alter, damage or destroy a water meter, box, service pipe or stopcock.

(Code 1960, § 23.20)

All consumers of water must keep their service pipes, fixtures, stopcocks, and other apparatus, but not the service pipe put in and owned by the city, in good repair and free from leakage at their own expense; and they will be liable for all damages which may result from their failure to comply therewith.

(Code 1960, § 23.21)

A water consumer shall provide at his own expense a stopcock in addition to stopcock required by section 82-47 to be placed on or near his property line at a point to be designated by the city for making the installation, and no consumer shall be entitled to water until such stopcock is placed in such line at or near such property line.

(Code 1960, § 23.22)

There shall be a stopcock in every attachment between the meter and the main next to the meter at a point to be designated by the water superintendent, which stopcock and its box shall be supplied by the city and will be for the exclusive use and under the exclusive control of the city.

(Code 1960, § 23.23)

All city water used on any premises must pass through the meter, and no delivery will be made except through a meter.

(Code 1960, § 23.24)

All water meters shall be placed so as to measure all water passing through the tap or service pipe furnishing the water. City standards and specification shall be followed when installing water meter, box, yoke and lateral. The building official or his designee shall inspect the lateral connection per the latest edition of the Uniform Building Code prior to covering. An encroachment permit shall be required as per section 82-131.

(Code 1960, § 23.25; Ord. No. 973, § 4, 10-16-97)

Any consumer of water shall have the right to demand that the meter through which water is being furnished be examined and tested by the water department for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered through it by the city to such consumer.

(Code 1960, § 23.26)

When any water consumer desires to have his water meter examined and tested as authorized by this article, he shall make application therefore in writing to the city and shall deposit with such application the sum as required by resolution adopted by the city council.

(Code 1960, § 23.27)

Upon an application being made for an examination and test of a water meter, it shall be the duty of the city to cause the meter to be examined and tested for the purpose of ascertaining whether or not it is registering correctly the water being delivered through it.

(Code 1960, § 23.28)

No test of a water meter authorized by section 82-50 shall be made within six months after initial installation or within six months after any previous test has been made.

(Code 1960, § 23.29)

If upon an examination and test of a water meter, the meter is found to register over three percent more than actually passed through it, another meter will be substituted therefor, and the fee charged in the application for a test shall be repaid to the person making the application.

(Code 1960, § 23.30)

Before water shall be supplied to any premises through a meter, the owner or his designated representative shall make application to the clerk of the water department. An applicant for the supply of water shall, thereafter, be defined as the consumer for the purposes of applying the terms of this article.

(Code 1960, § 23.31)

The conditions to granting an application required by section 82-55 and furnishing water for the premises are as follows:

(1) The clerk of the water department may require the applicant to deposit an amount equal to the estimated charge for one billing period.

(2) The cost of making any changes in location of service, size of service, temporary installations and removals shall be charged for and collected from the consumer.

(Code 1960, § 23.32)

No interest shall be payable, at any time, upon any deposit made pursuant to this article by any consumer for service under the provisions of this article.

(Code 1960, § 23.33)

(a) Bills for water service are sent to each consumer at the beginning of each month for water service in the prior month. Payments are due on or before the date set in the water bill (the "due date") in which payments are mailed. Water bills are payable in the city department of administrative services.

(b) If the water bill is not paid by the last city working day of the alternate month succeeding the month in which the water service was provided, a ten percent penalty shall be added to the bill. If the water bill, including all penalties, remains unpaid for ten days after the date it is due, water service may be discontinued without further notice. For non-payment by residential users, the city will follow the procedures in the city's water shut off policy for non-payment of residential water service established in accordance with section 82-36 (d) of this Code.

(c) Water services shall not be restored until the water bill, including all penalties and charges for restoration of service, is paid in full. For non-payment by residential users, the city will follow the procedures in the city's water shut off policy for non-payment of residential water service established in accordance with section 82-36 (d) of this Code.

(d) Failure to pay the water bill, including delinquencies and fees for restoration of water service, within 30 days of the shutoff date shall subject the water service user to the penalties provided for in section 82-36. For non-payment by residential users, the city will follow the procedures in the city's water shut off policy for non-payment of residential water service established in accordance with section 82-36 (d) of this Code.

(Code 1960, § 23.34; Ord. No. 922, § 1, 12-1-94; Ord. No. 2020-01, § 2, 2-6-20)

All costs associated with the installation of the lateral, meter, meter box and associated appurtenances shall be the responsibility of the property owner. Charges for the installation of water meter by city crews shall be on costs reasonably born for direct and indirect time and materials.

(Code 1960, § 23.35; Ord. No. 973, § 5, 10-16-97)

The rates for the use of city water shall be as adopted by resolution of the city council.

(Code 1960, § 23.36)

Rates for standby fire protection shall be adopted by resolution of the city council.

(Code 1960, § 23.37)

If it shall become necessary for the city to turn off the water for any service because of delinquency in payment of water service or for any other delinquency of the water user, such water shall not be turned on by the city until all delinquencies, including late payment penalties, shall have been paid by the consumer, and the consumer paying in addition a service charge as adopted by resolution of the city council. For non-payment by residential users, the city will follow the procedures in the city's water shut off policy for non-payment of residential water service established in accordance with section 82-36 (d) of this Code.

(Code 1960, § 23.38; Ord. No. 2020-01, § 3, 2-6-20)

A charge as adopted by resolution of the city council will be made for each water turn-on or turn-off which is requested after normal working hours, on weekends, or holidays.

(Code 1960, § 23.39)

A person engaged in the erection or construction of a building or other structure upon premises other than his own, in the erection or construction of which water is required, shall before using any water therefor apply at the office of the clerk of the water department for permission therefor and the clerk shall require a deposit thereon in any amount not exceeding the estimated quantity of water to be used.

(Code 1960, § 23.40)

(a) It shall be the responsibility of the water consumer to maintain each water meter box located on the property at which he or she receives city water service in a clean and unobstructed condition, so that such water meter can be accurately read by the city water inspectors.

(b) The finance officer of the city shall include an additional fee in an amount to be set by resolution of the city council, on the water bill of any water consumer in the city each time the water meter box serving such consumer is not kept in a clean and unobstructed condition such that the city water inspector cannot accurately read the meter without the inspector having to clean the meter box or remove any obstruction therefrom.

(Code 1960, § 23.43)

(a) The city council finds that the availability of municipal utility services, including water, sewer, and solid waste disposal, is of substantial benefit to properties in the city.

(b) Owners of properties which maintain city water or sewer connections or which are furnished solid waste disposal services by the city are responsible for payment of municipal utility services provided to their property.

(c) Municipal utility services may be discontinued to a premises until all municipal utility bills, including delinquencies, penalties, and restoration charges, are paid in full.

(Code 1960, § 23.44)

The city shall not use any funds received in settlement of its suit against defendants DOW Chemical Company, Shell Oil Company and Occidental Petroleum Company in settlement of the pollution of the city's groundwater by the chemical compound DBCP except as herein provided:

(1) Principal of such settlement proceeds shall not be used for any purpose except water remediation and other improvements to the city water system to correct contamination and other problems associated with wrongful introduction of DBCP into the city's groundwater.

(2) Nothing herein shall prevent the city, or the city council, from using the interest earned from the proceeds of the DBCP settlement as referenced above for any other lawful municipal purpose.

(Ord. No. 959, § 1, 11-21-96)