Colorado Code Publishing Company

Customer shall mean a user of one (1) or more City utility services in whose name an account for related charges or other related financial responsibilities is maintained by the Financial Officer.

Developer or subdivider shall mean any person who plats and improves undeveloped land for industrial, commercial, residential or mixed use thereby creating a demand for City utility services.

Dwelling unit means one (1) or more rooms and a single kitchen designed for or occupied as a unit by one (1) family for living and cooking purposes located in a single-family or multi-family dwelling.

Electric utility shall mean those departments of Utility Services which are in charge of the distribution and sale of electricity in the City.

Financial Officer shall mean the head of the Financial Administration Unit or the designated representative of the Financial Officer.

General Manager of Utility Services or General Manager shall mean the General Manager of Utility Services or the designated representative of such General Manager.

Mailing address shall mean the postal address or electronic mail address that has been provided by the customer to the General Manager, as shown in the records of the Financial Officer, and to which all utility bills and notices to said customer shall be sent.

Oversizing shall mean the term for the circumstance where the City has required the developer to install a water or sewer main of a size or capacity greater than that needed to serve just the particular development.

Owner includes legal representatives, agents, assigns and successors in interest as well as the actual or original owner of record of the property served by a City utility.

Person shall mean any individual, joint venture, partnership, firm, corporation, association, club or organized group, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns.

Stormwater utility shall mean those departments of Utility Services which are in charge of the stormwater facilities for the City.

Subdivision shall mean the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development.

User shall mean generally, the owner, tenant, trustee, mortgage receiver or occupier of premises which are connected to any of the City's utilities.

Utility bill shall mean the bill issued by the Financial Officer to a utility customer for utility services furnished, charges assessed, adjusted or negotiated and payments due thereon, late payment fees, penalties and all other sums due to the City from said customer.

Wastewater utility shall mean those departments of Utility Services which are in charge of the collection and treatment of wastewater for the City.

Water utility shall mean those departments of Utility Services which are in charge of the production, distribution and sale of water for the City.

(Code 1972, § 112-1; Ord. No. 164, 1986, § 1(112- 1), 11-4-86; Ord. No. 8, 1996, § 7, 2-20-96; Ord. No. 211, 1998, § 4, 12-1-98; Ord. No. 130, 2002, §§ 9, 36, 9-17-02; Ord. No. 176, 2006, § 1, 11-7-06)

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

Sec. 26-2. Utility users agree to the rules; penalty for breach.

(a) Any person receiving a utility service from the City agrees to abide by, and shall abide by all provisions of this Code and all the effective rules, regulations, policies and procedures of the City pertaining to the respective utilities.

(b) The failure of any utility user to comply with any provision of this Code or any regulatory provision issued thereunder is a violation of this Code and, upon conviction, is punishable as provided in § 1-15. The violator may also be subject to any other penalties or liability provided by this Chapter, including the disconnection of utility services until compliance is achieved.

(Ord. No. 164, 1986, § 1(112-4), 11-4-86)

Sec. 26-3. Damage to property of utilities prohibited.

It is unlawful for any person to tamper with, molest or damage in any manner any property, equipment, appliance or appurtenance constituting a part of any utility system or for any person to trespass upon the property of the City and interfere in any manner with the operations of a utility system. Any expense caused to the City for the repair or replacement of damaged, stolen, tampered with or misused utility equipment or facilities shall be charged against and collected from the person who caused the expense.

(Ord. No. 164, 1986, § 1(112-6), 11-4-86)

Sec. 26-4. Dual supply of water and wastewater service.

If a property located within the City is in an area not supplied with both water and wastewater service from the City but is capable of receiving both water and wastewater service from the one (1) or more duly established quasi-municipal utility service districts, then the City shall not extend or provide either service to the property. The City may, however, extend either or both services to such property if the utility service district becomes incapable of providing a reasonable level of service to the property. Upon the review of the Water Board and the City administration, the City Council may waive any part or all of this Section.

(Ord. No. 164, 1986, § 1(112-7), 11-4-86; Ord. No. 117, 1996, § 5, 9-17-96; Ord. No. 28, 1998, § 4, 3-17-98)

Sec. 26-5. Notice requirements generally.

Unless otherwise specified, whenever notice is required to be given by the provisions of this Chapter, it shall be to the last known mailing address of the person to be notified as shown on the records of the City. Service of such notice shall be effective upon the date of mailing.

(Ord. No. 164, 1986, § 1(112-8), 11-4-86; Ord. No. 176, 2006, § 2, 11-7-06)

Secs. 26-6—26-20. Reserved.

ARTICLE II.
ADMINISTRATION*

Sec. 26-21. Organization.

(a) The electric, stormwater, wastewater and water utilities shall be under the immediate administrative supervision and control of Utility Services which shall operate the properties of the various utilities in an efficient and economical manner.

(b) Utilities Services shall be headed by the General Manager of Utility Services pursuant to § 2-506 of this Code.

(Ord. No. 164, 1986, § 1(112-2(A)), 11-4-86; Ord. No. 8, 1996, § 8, 2-20-96; Ord. No. 211, 1998, § 5, 12-1-98; Ord. No. 130, 2002, §§ 9, 37, 9-17-02)

Sec. 26-22. Right of entry.

The employees of the City shall, at all reasonable times, have access to any premises within or without the City served by one (1) or more of the utilities or the examination or survey thereof or for inspection and repair of facilities and appurtenances, connection and disconnection of services, reading meters or for any other purpose whatever in connection with the necessary discharge of their duties and the enforcement of the provisions of this Chapter.

(Ord. No. 164, 1986, § 1(112-5), 11-4-86; Ord. No. 130, 2002, § 38, 9-17-02)

Charter reference—Right of entry, Art. XII, § 2.

Sec. 26-23. Records.

All contracts, records and evidences of title relating to any of the utilities' property acquired by the City shall be assembled and carefully preserved. The General Manager of Utility Services and the Financial Officer shall keep and preserve such other records and prepare such reports concerning the utilities as the City Manager directs. The City Manager shall keep the City Council advised of the operation, financial conditions and future needs of the utilities.

(Ord. No. 164, 1986, § 1(112-2(B)), 11-4-86; Ord. No. 8, 1996, § 11, 2-20-96; Ord. No. 211, 1998, § 7, 12-1-98; Ord. No. 130, 2002, § 38, 9-17-02)

Sec. 26-24. Property owner's consent for utility service.

Utility service provided to real property pursuant to the terms of this Chapter shall be deemed to be provided at the request and with the consent of the owner of said real property, unless and until the General Manager receives written notice of said owner's withdrawal of such consent.

(Ord. No. 155, 2005, § 1, 12-20-05)

Sec. 26-25. Required information for utility service.

(a) Each utility service customer or applicant for utility service to be provided pursuant to this Chapter shall provide to the General Manager accurate and complete information regarding the ownership of the real property to which utility service is to be provided and shall state whether or not the dwelling units situated on such property are owner-occupied. The information required by the General Manager may include, but need not be limited to, the street address of each such dwelling unit, together with the name, mailing address and telephone number of all owners and property managers, if any, of each dwelling unit. If none of the owners or property managers of a dwelling is a natural person, then the applicant shall also provide the name, address and contact information for a natural person who is duly authorized to act as agent for the owner with regard to the management of such unit.

(b) If there is any change in the information provided to the General Manager under this Section, the utility account customer shall so notify the General Manager within thirty (30) days of such change.

(c) The General Manager may require completion of an affidavit or certification by the owner of such real property authorizing utility service to the same and verifying the information provided to the General Manager pursuant to the requirements of this Section. The General Manager may also, in his or her discretion, require any person requesting the initiation, modification or termination of utility service provided pursuant to this Chapter, or providing information pursuant to this Section, to produce a government-issued photo identification verifying such person's identity.

(d) In connection with the administration, management and documentation of any utility customer account, billing, collection or utility service-related matter pursuant to this Chapter, the General Manager may require such additional information regarding the holder of said account, the real property to which utility service has been or will be provided or the improvements situated thereon as he or she determines to be reasonably necessary, including but not limited to the date of birth or social security or driver's license information of said account holder or applicant for service.

(Ord. No. 155, 2005, § 2, 12-20-05)

Sec. 26-26. Confidentiality of utility customer information.

Pursuant to the procedures, conditions and requirements of the Colorado Open Records Act, Section 24-72-101 et seq., C.R.S., and this Section:

(1) The General Manager may make said information available for inspection by any peace officer or any City employee or officer responsible for the enforcement of the Code, upon the provision of satisfactory evidence that the inspection is reasonably related to the authority and duties of such peace officer or Code enforcement personnel;

(2) Such utility account information may be disclosed to the owner or owners of any real property to which such utility account applies;

(3) Such utility account information may be disclosed to the public in an aggregated or statistical form so classified as to prevent the identification, location or habits of individual customers; and

(4) Such utility account information may be disclosed within the City organization or to City contractors, so long as the release of the information is conditioned upon reasonable precautions and requirements to prevent disclosure of said information to the public.

(Ord. No. 155, 2005, § 3, 12-20-05)

Sec. 26-27. Use of false information in connection with utility services.

It shall be unlawful for any person to knowingly provide any untrue, deceptive or misleading information to the General Manager or Financial Officer, or to otherwise misrepresent such person's name, address, telephone number or status, or the name, address or telephone number of the owner of real property to which utility service has been provided or requested to be provided, in connection with the initiation, modification, or termination of utility service provided pursuant to this Chapter, or related to the payment or collection of any amounts due in connection with any such utility service. Violation of this Section shall be punishable as provided in § 1-15, and may constitute grounds for disconnection of utility services.

(Ord. No. 155, 2005, § 4, 12-20-05)

Secs. 26-24—26-40.26-28—26-40. Reserved.

ARTICLE III.
WATER*

DIVISION 1. GENERALLY

Sec. 26-41. Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

City water shall mean water from the water utility of the City of Fort Collins.

Cross-connection shall mean any permanent or temporary linkage or arrangement, physical or otherwise, between a potable water supply system and any piping, plumbing fixtures, tank, receptacle, equipment or device through which it may be possible for nonpotable, used, unclean, polluted or contaminated water or other substance or gas to enter into any part of such potable water system under any condition. A potable water system may mean either the City's distribution or that portion of the water delivery system carrying City water solely within a user's premises. For purposes of this Article, other definitions pertinent to cross-connection control have the meanings adopted by the latest edition of the Cross-Connection Control Manual published by the State Department of Public Health and Environment unless superseded by any rules and regulations promulgated under this Article.

Fire line or fire tap shall mean a water tap carrying City water from the main to the emergency fire sprinkler system of a building for the sole purpose of fire protection and not for regular use for domestic purposes.

General Manager shall mean the General Manager of Utility Services or the authorized representative of such General Manager.

Privately owned water main or private main shall mean a waterline under the ownership, maintenance and control of a private individual or entity even though connected to a publicly owned water main for its source of water and which may have multiple taps serving several buildings or properties under different ownerships with City water.

Service line (water, public and private) shall mean the water delivery pipeline running from the City water main to the building or property to be served consisting of a publicly owned and maintained portion from the main to the curb stop and a privately owned and maintained portion from the curb stop including the outlet coupling to the building or other point of use or distribution on the lot or premises served. The terms water service pipe and building supply as used in the plumbing code have the same meaning. The public portion of a service line is also referred to as a service line stub or as a public service line as distinguished from the term private service line which refers to the privately owned and maintained portion of the service line.

User shall mean the owner, tenant, trustee, mortgage receiver or occupier of premises which are connected to the water utility.

Utility or enterprise, as used in this Article, shall mean the water utility of the City of Fort Collins, Colorado.

Water main shall mean the principal arterial pipeline of the City's water distribution system also known as the street main or City main to which service lines may be connected.

(Code 1972, § 112-1; Ord. No. 165, 1986, § 1 (112-11(B)), 11-4-86; Ord. No. 61, 1993, § 2, 7-20-93; Ord. No. 8, 1996, § 12, 2-20-96; Ord. No. 211, 1998, § 8, 12-1-98; Ord. No. 130, 2002, §§ 33, 34, 9-17-02)

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

Sec. 26-42. Purpose.

The purposes of this Article are to define the water utility of the City, to set forth the respective responsibilities of water service users and the utility and to promote the public health, safety and welfare of the community by providing for protection against cross-connections, acquisition of sufficient water rights as the City grows and develops, adequate water quantity and pressure for customer use and firefighting, water conservation and the equitable distribution among all users of the costs of expansion, replacement, maintenance and operation of facilities for the safe and efficient delivery of water to City residents and other water users.

(Ord. No. 165, 1986, § 1(112-11(A)), 11-4-86)

Sec. 26-43. Utility considered a City-owned enterprise.

(a) The utility shall constitute an enterprise of the City which may, by ordinance of the City Council, acting ex officio as the board of such enterprise, issue its own revenue bonds or other obligations (including refunding securities) on behalf of the City, which revenue bonds or other obligations shall be payable solely from the net revenues (including special assessments) derived from the operation of the enterprise. Such revenue bonds or other obligations may be additionally secured by mortgages on or security interests in any real or personal property of the City used in the operation of the enterprise. The ordinance issuing any such revenue bonds or other obligations shall be adopted in the same manner and shall be subject to referendum to the same extent as ordinances of the City Council.

(b) Any pledge of net revenues derived from the operation of the enterprise shall be subject to limitations on future pledges thereof contained in any ordinance of the Council authorizing the issuance of outstanding bonds or other obligations of the City payable from the same source or sources. All bonds or other obligations issued by ordinance of the City Council payable from the net revenues derived from the operation of the enterprise and all revenue bonds or other obligations issued by ordinance of the board of the enterprise payable solely from the net revenues derived from the operation of the enterprise shall be treated as having the same obligor and as being payable in whole or in part from the same source or sources.

(c) The enterprise shall also be authorized to have and exercise the following powers in furtherance of its purposes: to hold meetings concurrently with regular or special meetings of the City Council, to have and use a seal, to issue its revenue bonds for water purposes in the manner in which City revenue bonds may be issued, to pledge any revenues of the City's water system to the payment of such revenue bonds and to pay such revenue bonds therefrom, to enter into contracts relating to the water system in the manner in which City contracts may be entered into, to make representations, warranties and covenants relating to the water system on behalf of the City, to exercise rights and privileges of the City relating to the water system and to bind the City to perform any obligation relating to the water system other than any multiple-fiscal year direct or indirect debt or other financial obligation of the City without adequate present cash reserves pledged irrevocably and held for payments in all future years.

(d) All revenues and expenditures of the City or the enterprise relating to the water system shall be considered revenues and expenditures of the enterprise.

(Ord. No. 61, 1993, § 3, 7-20-93; Ord. No. 137, 1997, § 1, 10-7-97)

Sec. 26-44. Composition of the water utility.

Except for private mains and that portion of the service line considered privately owned between the curb stop and the structure served, all water and water rights, waterworks and their appurtenances, fire hydrants, machinery, equipment and supplies used by the City to supply its water users with water, shall constitute the water utility.

(Code 1972, § 112-2; Ord. No. 165, 1986, § 1(112-12), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93)

Sec. 26-45. Pollution of water supply prohibited.

(a) It is unlawful for any person to cast, place, dump or deposit in any part of the City waterworks any substance or material which may injure or obstruct the same or tend to contaminate or pollute the water or obstruct the flow of water through utility facilities. For a distance of five (5) miles upstream from the point where the water supply is diverted, no person shall throw, cast, put or deposit any pollutant or contaminant into or in close proximity to the Cache la Poudre River or any of its tributaries or store or retain any offensive or unwholesome substance on any premises in such position that the substance or drainage therefrom may be carried by natural causes into the river or tributaries or permit to flow from any place or premises any foul or contaminating fluid into the river or tributaries.

(b) No person shall bathe or swim in or wash or bathe any animal or cause any animal to go into any of the waters constituting the waterworks or supply of the water utility.

(c) In addition to any other remedies provided by this Chapter, the City Attorney acting on behalf of the City Council may commence an action in a court of competent jurisdiction for temporary restraining orders and preliminary and permanent injunctions restraining any violation of this Section.

(Code 1972, § 112-8; Ord. No. 165, 1986, § 1(112-13), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93)

Sec. 26-46. Tampering with fire hydrants or other utility appliance.

It is unlawful for any unauthorized person to remove water from or otherwise tamper with fire hydrants or to trespass upon the property of the City and interfere in any manner with the operation of the water utility or alter the position of any valve or appliance regulating the flow of water in any public pipeline.

(Code 1972, § 112-5; Ord. No. 165, 1986, § 1(112-14), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93)

Sec. 26-47. Interruption of service by utility.

City water may at any time be shut off from the street main due to emergencies or for the purpose of making any connections or extensions of the water mains or to perform any other work necessary to repair and maintain the water utility. Notice will be given whenever reasonably possible. The City is not liable for any damages that may occur directly or indirectly on account of the City water being cut off for any purpose.

(Ord. No. 165, 1986, § 1(112-15), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93)

Sec. 26-48. Authority to turn on water.

No person other than a duly authorized employee of the City shall open or turn on any City water valve or curb stop regulating the flow of water from the City water mains to any premises, lot, building or house for any reason.

(Code 1972, § 112-27; Ord. No. 165, 1986, § 1(112-16), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93)

Sec. 26-49. Service outside City limits.

Persons outside the City limits may apply for connection to the water utility for use of surplus City water in accordance with the procedures and requirements in Article X of this Chapter and subject to the limitations set forth therein.

(Ord. No. 165, 1986, § 1(112-17), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93; Ord. No. 26, 2005, § 1, 3-15-05)

Sec. 26-50. Fluoridation.

The City Council is authorized to fluoridate the water supply system of the City. The utility is directed to fluoridate its water to the levels established by the State Department of Public Health and Environment.

(Code 1972, § 112-125; Ord. No. 165, 1986, § 1(112-18), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93; Ord. No. 130, 2002, § 34, 9-17-02)

Cross-reference—Health and environment, Ch. 12.

Sec. 26-51. Discontinuance of water service.

If any user of City water fails to pay the charges for water when due or fails to comply with this Article or uses water for purposes not authorized, the utility may without obligation discontinue water service until the water user has paid the required charges or is in compliance with the Code. Violation of this Article is a misdemeanor punishable upon conviction as provided in § 1-15.

(Code 1972, § 112-60; Ord. No. 165, 1986, § 1(112-19(A)), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93)

Sec. 26-52. Rules and regulations.

The General Manager may promulgate such rules, regulations, policies and procedures consistent with the provisions of this Article as the General Manager may deem necessary for the proper administration of the water utility and the requirements of this Article, including the establishment of standard specifications for construction of service lines and other technical specifications. Such rules and regulations are effective upon the approval by the City Council by ordinance. A user's failure to abide by all effective rules, regulations, policies and procedures promulgated by the General Manager is the same as a violation of this Article.

(Ord. No. 165, 1986, § 1(112-19(B)), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93; Ord. No. 8, 1996, § 13, 2-20-96; Ord. No. 130, 2002, § 33, 9-17-02)

Sec. 26-53. Administrative appeal procedure.

Any permit applicant, permit holder or other water user affected by any decision, action or determination made by the utility in interpreting or implementing the provisions of this Article or any programs developed under this Article may file an appeal in accordance with the procedures set forth in § 26-351.

(Ord. No. 165, 1986, § 1(112-67), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93; Ord. No. 160, 1994, § 1, 11-15-94)

Secs. 26-54—26-70. Reserved.

DIVISION 2. SERVICE PERMITS

Sec. 26-71. Required.

It is unlawful for any person to make any connection to any water main or pipeline belonging to the water utility unless a water service permit has been obtained pursuant to and in accordance with this Article. It is also unlawful to make any connections to any privately owned water mains or private service lines which are connected to the water utility, or to alter or replace any presently existing private main with pipe larger than that in use on the effective date of the ordinance from which this Article was derived without having first obtained a water service permit from the utility. Activities which require a permit include but are not limited to original connection within or without the City limits for normal municipal uses, reduction, enlargement or relocation of an existing tap for normal municipal uses, resuming water service after an existing tap has been deemed abandoned and altering in any way an existing tap for water service outside City limits.

(Code 1972, § 112-11; Ord. No. 165, 1986, § 1(112-21), 11-4-86)

Sec. 26-72. Failure to get permit; penalty.

If any work requiring a permit is commenced without a permit first having been obtained, the General Manager may immediately issue a stop-work order until the proper permit is obtained and the offender shall pay any additional penalties established and determined by the General Manager. No building permit may be issued until all utility application requirements have been met.

(Ord. No. 165, 1986, § 1(112-22), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02)

Sec. 26-73. Contents of application.

Any person desiring to make a connection to the water utility or to use City water shall apply in writing to the utility for a water service permit prior to excavating, laying, altering, repairing or connecting any service line. The application shall set forth:

(1) The name, address and phone number of the owner of the premises to be served;

(2) The name, address and phone number of the applicant if the applicant is a contractor or agent and not the owner;

(3) A legal description of the premises to be served or designation of the lot, block and subdivision and common street address;

(4) The size of the tap and/or meter;

(5) The purpose for which the water is to be used; and

(6) Any other information which the General Manager may deem necessary.

(Code 1972, § 112-14; Ord. No. 165, 1986, § 1(112-22), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02)

Sec. 26-74. Conditions for granting permits.

A permit will be granted if all of the following conditions are met:

(1) The application is complete and the connection will in all respects conform to the requirements of this Article;

(2) Any main to which the connection will be made has been completed and accepted by the City;

(3) The new or additional use of water will not adversely impact water users within the City limits and the applicant has satisfied all raw water requirements imposed by this Article;

(4) On the basis of the best information available at the time, there will be no cross-connections existing on the premises without an appropriate protective device satisfying the requirements of all applicable laws and regulations of the City and the State Department of Public Health and Environment;

(5) All required fees and charges have been paid or will be paid at the time of issuance of the corresponding building permit; and

(6) No permit issued under this Article is valid until all fees and charges required to be paid in advance have been paid in full.

(Code 1972, § 112-13; Ord. No. 165, 1986, § 1(112-23), 11-4-86; Ord. No. 130, 2002, § 34, 9-17-02)

Sec. 26-75. Contents of permit.

The permit shall contain all of the information requested in the permit application as well as the fees, charges and assessments paid for the permit and any conditions imposed. It shall be signed and dated by the person authorized by the General Manager to issue water service permits and by the applicant.

(Ord. No. 165, 1986, § 1(112-23), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02)

Sec. 26-76. Revocation of permit; contractor responsibilities.

(a) All connections authorized by the permit shall be made strictly in accordance with the terms and conditions of the permit and the requirements of this Article. The General Manager may at any time revoke a permit because of defective work which has not been corrected promptly after the giving of written notice or because of failure to complete the work within the time limit specified in the permit.

(b) The owner's contractor or plumber shall be responsible for any and all work done pursuant to the permit regardless of whether the work is actually done by the contractor or by an authorized representative of the contractor. No further water service permits will be issued to any contractor or plumber who fails to promptly and satisfactorily remedy defective work after having been notified to do so by the General Manager. No contractor or plumber shall use or allow the right-of-way license to be used in any way for the purpose of procuring a permit for work to be done by any person other than such licensee or an authorized representative of such licensee.

(Ord. No. 166, 1986, § 1(112-24), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02)

Sec. 26-77. Turning on water to existing connection.

Except where a service line has been deemed abandoned or the owner is violating this Article, the owner of premises served by an existing connection to the water utility may have water service resumed after it has been turned off by notifying the utility and paying the required turn-on fee, together with any delinquent charges which are a lien against the property. The owner is liable for all bills for water furnished to the premises after the date of request for resumption of service.

(Ord. No. 165, 1986, § 1(112-25), 11-4-86)

Sec. 26-78. Abandonment of service lines.

(a) In the case where a property owner desires to permanently disconnect premises from the water utility or to abandon the existing service line, the corporation stop for the service line shall be permanently shut off at the main at the owner's expense. The excavation and disconnection work may be done only after a plan review by the City and the payment of an inspection fee. The City may require the owner to remove the service line and all appurtenances. The utility will not resume water service to the premises through a replacement line until the abandoned service line has been permanently disconnected.

(b) If the General Manager receives notice from the Director of Building and Zoning or the State Department of Public Health and Environment that a structure has been condemned as not habitable or unsanitary and dangerous to human life, City water service shall be shut off at once and monthly charges will cease. The water service line shall be deemed abandoned and permanent disconnection may be required at the owner's expense.

(Ord. No. 165, 1986, § 1(112-26), 11-4-86; Ord. No. 130, 2002, §§ 11, 33, 34, 9-17-02)

Secs. 26-79—26-92. Reserved.

DIVISION 3. SERVICE DISTRIBUTION SYSTEM

Sec. 26-93. Construction of water mains.

Specific provisions pertaining to the extension of water mains in the course of private development and public system improvements are set forth in Article V of this Chapter.

(Ord. No. 165, 1986, § 1(112-31), 11-4-86)

Sec. 26-94. Individual service lines for each building required.

(a) Each property shall be served by its own service line, and no connection with the water utility shall be made by extending the service line from one (1) property to another property. Each building shall be served by a separate service line; however, the General Manager may require that a building be served by more than one (1) service line. For purposes of this Section, the term building means a structure standing alone, excluding fences and covered walkways. A separate accessory structure is a separate building. To qualify as one (1) building, all portions, additions or extensions must be connected by an attachment that is an enclosed part of the building and usable by the occupants.

(b) Notwithstanding the provisions of Subsection (a) of this Section, after review and approval of the plans and specifications therefor, the General Manager may authorize the service of more than one (1) building by a single service line, conditioned upon the following criteria:

(1) The combined water use of the buildings shall not exceed the capacity of the service line and meter;

(2) If the service is for residential use, only one (1) of the buildings may be used as a residential dwelling;

(3) If the buildings are served by one (1) service line, the buildings shall be under single ownership; and no subsequent division of ownership, or subdivision of the property upon which the buildings are located, shall be permitted until separate service lines have been installed to each building.

If the General Manager should determine that the foregoing criteria have been met, a written permit shall be granted, which permit shall contain a listing of the foregoing requirements, shall contain reference to Subsection (a) of this Section requiring individual service lines for each building, shall be signed by the General Manager, and shall be duly recorded at the office of the County Clerk and Recorder.

(Code 1972, § 112-20; Ord. No. 165, 1986, § 1(112-32), 11-4-86; Ord. No. 77, 1987, 5-19-87; Ord. No. 130, 2002, § 33, 9-17-02)

Sec. 26-95. Installation and maintenance of service lines; user responsibilities; liability.

(a) Installation. All costs and expenses incidental to the installation and connection of a water service line shall be borne by the applicant for a water service permit who shall retain or employ a licensed contractor or plumber to install a service line. For the installation of that portion of the service line within the public right-of-way or street, the contractor or plumber shall also be licensed by the City under Article XI of this Chapter. The utility may install the portion of the service line from the main to the curb stop upon payment of a tap charge by the applicant. The applicant is responsible for restoring streets, sidewalks, parkways and other property disturbed in the course of the work to acceptable City standards after the connection is made.

(b) Maintenance. The owner of any property connecting to the water utility is responsible for the installation and maintenance at the owner's own expense and risk of the water service line from the curb stop, or the property line in the absence of a curb stop, to the structure being served and all other water pipes, machinery and apparatus which may be required for applying and utilizing City water on the property. The owner shall keep the private service line in good and safe condition and, at the owner's expense, shall keep all pipes, fixtures and appliances on the property tight and in good working order to prevent waste of water. The owner is responsible for all leaks or damages on account of leaks from the private service line and other apparatus within the property served.

(c) Liability. The City is not responsible for any loss or damage caused by negligence or want of care on the part of the owner or the contractor or agent in installing, maintaining, using or operating private service lines and private water pipes, apparatus, appliances or fixtures. The owner shall hold the City harmless from any loss or damage that may directly or indirectly be occasioned by the installation or malfunction of any private service line or apparatus. The owner is responsible for the costs of repairing or replacing adjacent sidewalks, curbs and gutters damaged by the settling of service line trenches within such owner's property.

(d) Permission required. No alteration of, addition to or disconnection from any waterpipes or apparatus of the City water system shall be made without prior written permission of the General Manager.

(e) Compliance. It is unlawful for any person connected to the water utility to permit any other person to take or use water from such person's water service for use on property not connected to the water utility, except by the prior written consent of the General Manager. Irrigation taps on service lines between the main and water meters are prohibited.

(Code 1972, §§ 112-19, 112-21; Ord. No. 165, 1986, § 1(112-33), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02)

Sec. 26-96. Maintenance responsibility of utility.

The utility shall maintain all public water facilities and mains, public service lines, fire hydrants, other public system appurtenances and water meters. However, if the portion of the service line in use between the water main and the curb stop is made of materials other than copper or ductile iron, then the entire service line will be deemed to be a private main of the premises serviced by the line and the City will not be responsible for any part of its maintenance until such time as the line is replaced with conforming materials pursuant to Subsection 26-97(a) and any regulations promulgated thereunder.

(Ord. No. 165, 1986, § 1(112-34), 11-4-86)

Sec. 26-97. Water service lines; general regulations.

(a) Materials. The public portion of all service lines shall be of copper, ductile iron or other suitable material as determined by the General Manager. In the case of an external meter near the curb stop, that portion of the service line from the curb stop and within and through the meter pit shall also be of the same material. The private service line shall be constructed of materials approved in the City's plumbing code. In the case where the service line between the water main and the premises has been deemed a private main because it is made of materials other than ductile iron or copper, it shall be replaced by copper or ductile iron lines at the expense of the user when in the opinion of the General Manager such line has become so disintegrated as to be unfit for further use. Once such a line has been replaced with the required materials, it becomes part of the water utility and the utility will assume the maintenance of the service line between the water main and the curb stop the same as for any public service line.

(b) Size. The entire length of the water service line, whether public or private, shall be of sufficient size to furnish an adequate flow of water to meet the requirements of the building at peak demand, and in no case shall be less than three-fourths (¾) inch in diameter. The size of corporation stops, meter settings, curb stops and service lines shall be as specified by the General Manager based on the rules for sizing water systems in the City's plumbing code.

(c) Depth of service lines. All service lines shall be laid at least fifty-four (54) inches below the established grade of the street. When the main is of greater or lesser depth, the service line shall be brought to the required depth as soon as possible after leaving the tap.

(d) Trenches. All excavation and backfilling for installing or repairing service lines shall be made in conformity with this Code and any other regulations of the City.

(e) Meter settings. A meter set shall be installed in the service line for all connections made to the water utility. The meter set shall be installed in accordance with the rules, regulations, policies and procedures of the utility, and be readily accessible to utility personnel.

(Code 1972, §§ 112-16, 112-17; Ord, No. 165, 1986, § 1(112-35), 11-4-86; Ord. No. 122, 1990, § 1, 124-90; Ord. No. 130, 2002, § 33, 9-17-02)

Sec. 26-98. Water meter requirements and installation.

(a) Water meters shall be required for the following services:

(1) All water services to residential users connected to the utility pursuant to a water services permit issued on or after July 1, 1990;

(2) All water services to nonresidential users; and

(3) All water services to residential and nonresidential users outside the corporate City limits.

(b) Water meters shall also be required for water services to residential users connected to the utility prior to July 1, 1990, as provided in Subsection (c) of this Section.

(c) A residential user having water service connected to the utility prior to July 1, 1990, that does not have an installed water meter shall allow the utility to install a water meter for such user's residential water service on or before the date set by the General Manager as provided in this Subsection. The General Manager shall establish for each affected residential unit, in accordance with the criteria in Subsection (d) of this Section, a date by which such unit must receive water services from the utility through an installed water meter. The utility shall notify the residential user of this date by sending by first class mail a written notice to the user at the address of the affected residential unit. Such notice must be mailed to the residential user at least fourteen (14) days prior to the date stated in the notice by the General Manager as the date by which the water meter must be installed. Upon receiving such notice, the residential user shall follow the instructions in the notice by calling the utility to schedule the installation of the water meter by the required date. If the residential user fails to schedule or allow the utility to install the water meter by the required date, the residential user shall be deemed in violation of this Section and subject to the penalty provisions of Subsection (j) of this Section.

(d) In setting the dates for the installation of water meters pursuant to Subsection (c) of this Section, the General Manager shall be guided by the following criteria:

(1) Dates shall be set so as to satisfy the requirements of the Colorado Water Metering Act (Section 37-97-101 et seq., C.R.S.), but irrespective of the provisions of the Act, all residential water services connected to the utility must be required to be metered on or before December 31, 2005.

(2) Dates for the installation of water meters shall be set for residential units in the following order, meaning the earliest required dates for installation shall be set for the first group of residential units listed below and progressing over time down the list to the last group of residential units for which the latest such dates shall be set:

a. Residential units located in the City west of Taft Hill Road;

b. Residential units located in the City east of Taft Hill Road and west of Shields Street;

c. Residential units located in the City east of Shields Street and west of College Avenue;

d. Residential units located in the City east of College Avenue and west of Lemay Avenue; and

e. Residential units located in the City east of Lemay Avenue.

(3) Dates shall be set so as to make reasonably effective and efficient use of the City's resources available for the installation of water meters.

(e) A residential user that is receiving unmetered water service from the utility, but is not yet required by this Section to have an installed water meter, may elect to have a water meter installed by and at the expense of the utility upon application to the utility for such installation. Any such election by a residential user to install a water meter shall be permanent and the user may not elect in the future to return to unmetered service.

(f) Unless the utility elects to install the water meter outside of the user's residential unit, all water meters shall be installed inside the user's residential unit at the expense of the utility. In addition, a water meter may be installed outside of the residential unit at a user's request if the user first agrees in writing to pay to the utility, after the installation, the difference between the utility's established cost to install the water meter inside the residential unit and the utility's actual cost to install the water meter outside of the residential unit.

(g) If, during the installation of a water meter outside of a user's residential or nonresidential unit, it is determined that the water service line does not conform to the provisions of § 26-97, the entire cost of repairing or replacing such water service line shall be borne by the user.

(h) All water meters and setting devices shall be of a type, size and design approved by the General Manager and furnished by the utility.

(i) The water meter is the property of the water utility. The utility shall maintain, test and repair all meters as necessary. A meter may be inspected at any reasonable time by the utility.

(j) It shall be unlawful for a user not to have an installed water meter when required to have one pursuant to this Section. Each day that a user fails to have an installed water meter when required to have one pursuant to this Section shall be deemed a separate and distinct violation. Failure of a user to have an installed water meter when required to have one pursuant to this Section shall also constitute a violation that subjects the user to discontinuance of water service in accordance with § 26-51.

(Code 1972, §§ 112-33, 112-34, 112-36, 112-38; Ord. No. 165, 1986, § 1(112-36), 11-4-86; Ord. No. 122, 1990, § 2, 12-4-90; Ord. No. 133, 1991, 12-3-91; Ord. 135, 1997, § 1, 9-2-97; Ord. No. 130, 2002, § 33, 9-17-02)

Sec. 26-99. Meter interference; damages.

(a) It is unlawful for any person to tamper or interfere with any meter or meter seal or to so arrange the water service or piping so that the use of water will not actuate the meter. The cost of repairing bypass damage and any other damage to the water meter caused by the metered water user shall be borne by the user and added to and considered a part of the charge for water service.

(b) The utility will discontinue water service immediately to any user who violates the provisions of this Section until the user has paid for all water used and all repairs to the meter.

(c) No person shall make any tap or install any device or plumbing connection within the meter pit or set without written permission from the General Manager.

(Code 1972, § 112-39; Ord. No. 165, 1986, § 1(112-37), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02)

Sec. 26-100. Fire lines.

The materials and size of a fire line shall be as required by the design of the emergency fire sprinkler system in accordance with the City's fire prevention code. The general regulations of this Article governing the installation, inspection and maintenance of service lines shall also apply to fire lines except that no meter set or water meter need be installed. The owner is responsible for the maintenance of the line from its control valve to the structure served. No water service permit is required for a fire line but installation of a fire line is subject to prior utility approval of plans. The utility may install a fire line upon payment of a tap charge by the user. Mylar reproducible "as-built" plans, showing the location of the fire line and bearing the registered civil engineer's seal and number, shall be submitted to the utility after completion of installation and prior to the issuance of a certificate of occupancy. Installation of a backflow prevention device in the fire line may be required in accordance with the cross-connection control provisions in § 26-186 et seq.

(Ord. No. 165, 1986, § 1(112-38), 11-4-86)

Secs. 26-101—26-115. Reserved.

DIVISION 4. FEES AND CHARGES*

Sec. 26-116. Permissible fees and charges.

The utility may adopt fees and charges which may include, but need not be limited to, the following:

(1) Fees for turning water on or off at the curb stop;

(2) Fees for permit applications;

(3) Fees for connection, repairs and disconnection of service lines;

(4) Fees for inspections, surveys, development and expansion;

(5) Standby fees;

(6) Plant investment fees;

(7) Meter installation charges;

(8) Water pumping station surcharges; and

(9) Other fees and charges as the utility deems necessary to cover costs of inspections, testing, maintenance and operations required by this Article.

(Ord. No. 165, 1986, § 1(112-41), 11-4-86; Ord. No. 138, 1988, § 1, 10-18-88)

Sec. 26-117. Turn on/off fee.

The charge for turning the water service to a premises on or off at the curb stop shall be as prescribed in § 26-129.

(Code 1972, § 112-51; Ord. No. 165, 1986, § 1(112-42), 11-4-86)

Sec. 26-118. Determination of user rates.

(a) The City Manager shall analyze the operating and financial records of the utility during each calendar year and recommend to the City Council user rates or adjustments to be in effect for the following year. The recommendation shall be based on the actual cost of providing City water to users connected to the water utility including the treatment, distribution, administration, billing and capital improvement costs and on such considerations as the number of users and the estimated water demand for a typical user within a rate category. Recommended user rates may also include a conservation gallonage charge or other rate component that creates an economic incentive to conserve water.

(b) The rate categories for water users and the basis for determination of monthly charges for each category are as follows:

(1) Metered water use. Charges for metered water service consist of a monthly base charge, which varies with the number of dwelling units for residential customers and the size of the meter for nonresidential customers, and a quantity charge per one thousand (1,000) gallons of water use. The quantity charge may vary by customer class and may increase based on monthly usage or on a seasonal basis. For those customers served by more than one (1) meter, the appropriate base charge shall be applied to each meter. Monthly base charges shall be billed to each meter in use regardless of whether any quantity charge is made.

(2) Users outside the City limits. The monthly rate for water taken through a meter by a user outside of the City limits shall be as set forth in Subsection 26-127(d).

(3) Construction rate. As a condition of issuance of a water service connection permit for premises under construction, the permittee shall pay a one-time flat fee for water used during the construction period and for costs incurred to make the water system ready for use.

(c) In addition to the monthly service charges set forth in §§ 26-126 and 26-127 there shall be a charge for payments in lieu of taxes. The charge shall be six and zero-tenths (6.0) percent of said monthly service charges billed pursuant to said §§ 26-126 and 26-127.

(d) Upon approval by the City Council, the rates and parameters determined for each user category shall be set forth in the schedules prescribed in this Division.

(Code 1972, § 112-52; Ord. No. 165, 1986, § 1(112-43), 11-4-86; Ord. No. 132, 1989, § 1, 10-17-89; Ord. No. 166, 1994, § 1, 12-6-94; Ord. No. 69, 1997, § 1, 5-20-97; Ord. No. 204, 1998, § 1, 11-17-98; Ord. No. 166, 2002, § 1, 11-19-02; Ord. No. 152, 2003, § 1, 11-18-03)

Sec. 26-119. Charges in event of meter failure.

If any meter should fail to properly register a customer's water use in any billing period, the user shall be charged according to the average quantity of water used by such customer in a similar period as shown by the meter when performing properly. In the case of a discrepancy between the readings at the remote readout and the head of the meter, the amount of water registered at the head of the meter governs. Additional charges or customer refunds related to a meter or meter readout malfunction may be made in accordance with the administrative policies adopted by the Utilities.

(Code 1972, § 112-56; Ord. No. 165, 1986, § 1(112-44), 11-4-86; Ord. No. 173, 2006 § 1, 11-7-06)

Sec. 26-120. Water plant investment fees.

(a) Any applicant desiring to connect to the water utility shall pay the utility a water plant investment fee (WPIF) pursuant to the schedule of fees prescribed by § 26-128 in addition to any other connection fees prescribed herein. Except to the extent that the deferral of all or any portion of such payment has been approved by the City Council by resolution or except as provided in Subsection (f) of this Section, this fee shall be paid in full at the time the water service connection permit is issued. If there is an increase in plant investment fee rates between the time of application for a water service permit and the actual payment of fees, the fee rates in effect at the time of payment shall apply.

(b) The WPIF shall be based on and used for growth-related capital expansion costs of water supply, storage, transmission, treatment and distribution facilities and related factors. The fee shall vary with the number of dwelling units and the lot area served for residential users and with the size of the water meter for nonresidential users. The parameters and rates shall be reviewed by the City Manager annually and fees shall be presented to the City Council for approval no less frequently than biennially.

(c) No user of City water shall make any changes or additions to the property served that would significantly affect the nature or quantity of the use of water without first obtaining a new water service permit from the utility and paying the WPIF based on the new use. Such changes include without limitation the resumption of service by replacement of an abandoned service line, an increase in the size of the water meter, an increase in the number of dwelling units or the lot area to be served and a change from residential to nonresidential use.

(d) In the case where an existing service is being changed or replaced, the utility will credit the user an amount equal to the WPIF that would have been charged for the service before the change or addition, but if the credit so determined is less than the amount previously paid for a WPIF, the amount actually paid shall be allowed as the credit. No cash refund shall be paid to any water user whose allowable credit exceeds the new WPIF nor to any water user who obtains permission to decrease demand for service. If the existing service tap is less than three-fourths (¾) inch in diameter, the customer is credited for a three-fourths-inch tap or meter. The credits prescribed by this Subsection are not transferable. They shall apply only to the property served by the existing water service line and only to WPIF's owed to the utility and not to other utility fees or charges.

(e) Notwithstanding the provisions of Subsection (a) of this Section, if the applicant desiring to connect to the water utility is a City service area, department or division, or the Poudre Fire Authority, the General Manager may waive payment of the WPIF if the General Manager determines that the requested connection will not adversely affect the capacity of the water utility to treat and deliver water for its users. Any such connection authorized by the General Manager shall only be operated at the time and for the duration as determined by the General Manager. In addition, a connection authorized under this Subsection (e) may not be used during the period of May 1 through September 30 of any year unless the General Manager determines that the applicant's use of the connection during such time period is necessary because the applicant's regular water supply has become unavailable during that period and the unavailability of the regular water supply will result in measurable economic damage to the applicant.

(f) In circumstances where a user has underpaid a WPIF as a result of a miscalculation of the user's WPIF, and the utility requires the user to pay the utility all or any portion of the difference between the corrected and miscalculated amounts of the WPIF, the General Manager may allow the user to pay such amount over time under such reasonable terms and conditions as are approved by the General Manager.

(g) No person shall knowingly provide the water utility with false, inaccurate or fraudulent information to be relied upon by the utility in calculating a user's WPIF.

(Code 1972, § 112-61; Ord. No. 165, 1986, § 1(11245), 11-4-86; Ord. No. 54, 1992, 5-19-92; Ord. No. 101, 2000, §§1, 2, 3, 9-5-00; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 104, 2004, § 2, 7-27-04; Ord. No. 133, 2005, § 1, 11-15-05)

Sec. 26-121. Reimbursement assessments.

(a) Any applicant desiring to take and use City water for the first time on premises subject to a developer's reimbursement agreement with the City shall pay any front footage charges and adjustments assessed to the property on account of the developer's extension of the City main adjacent to the premises if the applicant's service line will be connected directly and not through an ancillary distribution line to such main and the applicant did not participate in the original cost of such extension. This fee shall be paid at the time the water service permit is issued in addition to all other connection charges. The applicant may not avoid payment of this charge by requesting connection to another main if the proposed service line is, in the opinion of the General Manager, best capable of being connected to the main which is the subject of the reimbursement agreement.

(b) Except in the case of improvement districts organized pursuant to Chapter 22, when the utility extends a water main as a system improvement at City expense, the utility may require adjacent property owners to pay their share of the cost of the main before connecting to the main. The amount of the charge shall be based upon the length of the applicant's property fronting upon the water main or some other basis established or approved by the City Council and upon the original construction costs of the water lines, including costs for engineering, project administration, materials, labor and right-of-way acquisitions, plus an adjustment for inflation based on the construction cost index for Denver, Colorado, as published by "Engineering News Record." If the utility installs a main larger than that required to serve the water demands of the adjacent properties, the utility is responsible for the extra costs, and the adjacent owners shall not share in the portion of the cost attributable to the oversizing. The method of assessment shall be established at the time the installation of the main is authorized, and the payment of the assessment shall be collected at the time the water service permit is issued. This assessment is in addition to any WPIF.

(c) If water mains are installed through an improvement district, the City may pay the cost attributable to any property which cannot be assessed its full share of the cost of the mains because of the limitation based on value of property provided in § 22-90. The owner of such property who subsequently applies for connection to the water utility shall reimburse the City at the time of issuance of a water service permit for the balance of the property's assessment paid by the City.

(Ord. No. 165, 1986, § 1(112-46), 11-4-86; Ord. No. 64, 1995, § 1, 6-6-95; Ord. No. 130, 2002, § 33, 9-17-02)

Sec. 26-122. Tap charge.

Where there is an existing main, the utility may install a fire line or the public service line for a water service permit applicant. The utility will impose a charge to cover its costs incurred in making the tap, including all labor, material and equipment costs, as well as an administrative charge for processing. This tap charge will be billed to the permittee after the work is completed.

(Code 1972, § 112-62; Ord. No. 165, 1986, § 1(112-47), 11-4-86)

Sec. 26-123. Surcharge for pumping stations.

Water users connected to lines served by a water pumping station may be subject to a monthly surcharge to cover the costs of operating and maintaining the pumping station for their benefit.

(Ord. No. 165, 1986, § 1(112-48), 11-4-86)

Sec. 26-124. Water from fire hydrants.

(a) A person requiring the use of bulk water from a fire hydrant may apply to the utility for a fire hydrant meter and pay the following charges:

(1) The fees established for installation and removal of the meter;

(2) Rental for the meter and fitting;

(3) A charge for the cost of the water used, calculated by multiplying the applicable water rate by the number of metered thousand gallons.

(b) The amount of the charges shall be as prescribed in § 26-129. The fire hydrant water user may be required to pay a deposit in the amount of the charges for estimated water use. Such user shall also pay the cost of repair if the fire hydrant or the meter and connection is damaged.

(Ord. No. 165, 1986, § 1(112-49), 11-4-86; Ord. No. 166, 1994, § 2, 12-6-94; Ord. No. 152, 2003, § 2, 11-18-03)

Sec. 26-125. Collection of unpaid charges.

If any person fails or refuses to pay when due any fee or charge imposed under this Article, the Financial Officer may collect the unpaid amounts in accordance with any remedies permitted by this Code and any regulations promulgated thereunder.

(Ord. No. 165, 1986, § 1(112-50), 11-4-86)

Sec. 26-126. Schedule A, flat rates for unmetered construction water use.

For residential and nonresidential premises under construction, there shall be a one-time charge equal to one and one-half (1½) times the monthly base charge as specified for the applicable residential or nonresidential account in § 26-127.

(Code 1972, § 112-55; Ord. No. 165, 1986, § 1(112-70(A)), 11-4-86; Ord. No. 154, 1987, § 4, 10-20-87; Ord. No. 138, 1988, § 3, 10-18-88; Ord. No. 3, 1989, § 1, 1-17-89; Ord. No. 132, 1989, § 2, 10-17-89; Ord. No. 112, 1990, § 2, 10-16-90; Ord. No. 62, 1991, § 1, 6-4-91; Ord. No. 120, 1991, § 1, 11-19-91; Ord. No. 110, 1992, § 1, 11-17-92; Ord. No. 166, 1994, § 3, 12-6-94; Ord. No. 131, 1995, § 1, 11-7-95; Ord. No. 173, 1997, § 1, 11-4-97; Ord. No. 166, 1999, § 1, 11-16-99; Ord. No. 151, 2000, § 1, 11-7-00; Ord. No. 192, 2001, § 1, 11-20-01; Ord. No. 166, 2002, § 2, 11-19-02; Ord. No. 152, 2003, § 3, 11-18-03)

Sec. 26-127. Schedule B, meter rates.

(a) Residential Rates.

(1) Residential customers with one (1) dwelling unit.

a. Base Charge. Residential customers with one (1) dwelling unit shall pay a base monthly charge of twelve dollars ($12.).

b. Quantity Charge. Residential customers with one (1) dwelling unit shall pay a monthly quantity charge as follows:

For the first seven thousand (7,000) gallons used per month, a charge of one dollar and eighty-five and seven-tenths cents ($1.857) per one thousand (1,000) gallons.

For the next six thousand (6,000) gallons used per month, a charge of two dollars and thirteen and five-tenths cents ($2.135) per one thousand (1,000) gallons.

For all additional gallons used per month, a charge of two dollars and forty-five and six-tenths cents ($2.456) per one thousand (1,000) gallons.

(2) Residential customers with two (2) dwelling units.

a. Base Charge. Residential customers with two (2) dwelling units shall pay a base monthly charge of fourteen dollars and sixty-three cents ($14.63).

b. Quantity Charge. Residential customers with two (2) dwelling units shall pay a monthly quantity charge as follows:

For the first nine thousand (9,000) gallons used per month, a charge of one dollar and eighty-five and seven-tenths cents ($1.857) per one thousand (1,000) gallons.

For the next four thousand (4,000) gallons used per month, a charge of two dollars and thirteen and five-tenths cents ($2.135) per one thousand (1,000) gallons.

For all additional gallons used per month, a charge of two dollars and forty-five and six-tenths cents ($2.456) per one thousand (1,000) gallons.

(3) Residential customers with more than two (2) dwelling units.

a. Base Charge. Residential customers with more than two (2) dwelling units shall pay a base monthly charge of twelve dollars and thirty-six cents ($12.36) for the first dwelling unit and four dollars and twelve cents ($4.12) for the second and each additional dwelling unit.

b. Quantity Charge. Residential customers with more than two (2) dwelling units shall pay a monthly quantity charge of one dollar and seventy-nine and four-tenths cents ($1.794) per one thousand (1,000) gallons used in the winter season months of November through April. They shall pay a monthly quantity charge of two dollars and twenty-four and three-tenths cents ($2.243) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer quantity charge.

(b) Nonresidential Rates.

(1) Base charge. Nonresidential customers shall pay a base monthly charge based on meter size as follows:

Meter Size (inches)	Monthly Base Charge
¾	$ 10.96
1	30.58
1½	83.15
2	125.31
3	191.13
4	300.05
6	582.06
8	1,028.27

(2) Quantity charges. Nonresidential customers shall pay a monthly quantity charge of one dollar and fifty-two and four-tenths cents ($1.524) per one thousand (1,000) gallons used in the winter season months of November through April. They shall pay a monthly quantity charge of one dollar and ninety and six-tenths cents ($1.906) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer quantity charge.

(3) Charges for excess use. Monthly water use in excess of the amounts specified in the following table shall be billed at two dollars and nineteen and one-tenth cents ($2.191) per one thousand (1,000) gallons used in the winter season months of November through April. Monthly water use in excess of the amounts specified below shall be billed at two dollars and seventy-three and nine-tenths cents ($2.739) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal billing excess quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer excess quantity charge.

Meter Size (inches)	Specified Amount (gallons per month)
¾	100,000
1	300,000
1½	625,000
2	1,200,000
3	1,400,000
4	2,500,000

(c) Service outside the City. The monthly charge for water taken through a meter by a user outside the City limits shall be the same as for like service within the City limits as specified in Subsections (a) and (b) of this Section.

(d) Rates by special water services agreement. The rate structure and associated charges for water service pursuant to a special water services agreement approved by the City Council pursuant to § 26-130 shall be as set forth in said agreement.

(Code 1972, § 112-55; Ord. No. 165, 1986, § 1(112-70(B)), 11-4-86; Ord. No. 3, 1989, § 2, 1-17-89; Ord. No. 132, 1989, § 3, 10-17-89; Ord. No. 112, 1990, § 3, 10-16-90; Ord. No. 120, 1991, § 3, 11-19-91; Ord. No. 34, 1992, § 2, 3-17-92; Ord. No. 88, 1994, § 1, 6-21-94; Ord. No. 166, 1994, § 4, 12-6-94; Ord. No. 131, 1995, § 2, 11-7-95; Ord. No. 173, 1997, § 2, 11-4-97; Ord. No. 204, 1998, § 2, 11-17-98; Ord. No. 166, 1999, § 2, 11-16-99; Ord. No. 151, 2000, § 2, 11-7-00; Ord. No. 192, 2001, § 2, 11-20-01; Ord. No. 166, 2002, §§ 3,4, 11-19-02; Ord. No. 045, 2004, § 1, 3-16-04; Ord. No. 043, 2006, § 1, 3-21-06; Ord. No. 043, 2006, § 1, 3-21-06; Ord. No. 173, 2006 § 2, 11-7-06)

Editor's note—Ord. No. 112, 1990, § 3, amended § 26-17 "to read as follows." The ordinance did not address Subsection (c), which the editor has retained as still being in effect.

Sec. 26-128. Schedule C, water plant investment fees.

The water plant investment fee prescribed in § 26-120 shall be payable by users both inside and outside of the City, as follows:

(1) Single-family residential buildings: For the first three-fourths-inch water tap or meter, a fee of seven hundred thirty dollars ($730.) for a single-family residence, plus thirty-six cents ($0.36) for each square foot of lot area. For a single-family residential lot greater than one-half (½) acre in size, the lot size shall be deemed to be one-half (½) acre for the purpose of this fee calculation. For each additional tap or meters larger than three-fourths (¾) inch, the nonresidential rate shall apply.

(2) Residential buildings of two (2) or more dwelling units: For each residential building unit, a fee of four hundred ninety dollars ($490.), plus twenty-seven cents ($0.27) for each square foot of lot area. The fee will provide for one (1) tap per residential building and an adequate number of additional taps to serve common irrigable areas, if any. The number and size of taps shall be determined by the General Manager based upon the criteria established in the Uniform Plumbing Code as amended pursuant to Chapter 5 of the Code.

(3) Mobile home parks: For each mobile home park, a fee of four hundred ninety dollars ($490.) for each mobile home space in the park, plus twenty-seven cents ($0.27) for each square foot of lot area. The fee will provide for one (1) tap per mobile home park. The size of the tap shall be determined by the General Manager based upon the criteria established in the Uniform Plumbing Code as amended pursuant to Chapter 5 of the Code.

(4) Hotels, rooming houses, sororities, fraternities and similar uses: The nonresidential rate shall apply.

(5) Nonresidential service:

a. Service to all nonresidential taps, including but not limited to taps for commercial and industrial service, shall be charged according to the size of the meter pursuant to the following schedule:

Meter Size (inches)	Nonresidential Plant Investment Fee
¾	$ 6,970
1	20,590
1½	41,510
2	65,330
3	142,540

b. The fee for all meters larger than three (3) inches shall be negotiated with the General Manager and shall be based on estimated peak day demand but shall not be less than the charge for a three-inch meter.

(Code 1972, § 112-55; Ord. No. 165, 1986, § 1(112-70(C)), 11-4-86; Ord. No. 147, 1990, § 1, 1-15-91; Ord. No. 134, 1998, 8-18-98; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 133, 2005, § 2, 11-15-05; Ord. No. 119, 2007, § 1, 11-20-07)

Sec. 26-129. Schedule D, miscellaneous fees and charges.</