(B) The Water Department and all customers receiving service from the Water Department, whether inside or outside the city limits, are bound by these rules and regulations for the operation of the Water Department of the city.

(C) The City of Banks will not discriminate against any person because of race, color, or national origin requesting water service from the City of Banks.

(Ord. 90.01, passed 1-8-1991)

§ 50.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT. The person or persons, firm, or corporation making application for water service from the Water Department under the terms of these rules and regulations.

CITY. The legally constituted municipal government of the City of Banks.

COLIFORM. A bacteriological organism whose count is used to determine the presence of pollution in water.

COUNCIL. The governing body of the city.

CUSTOMER. An applicant who has been accepted under the terms of these rules and regulations and who receives water service from the Water Department.

CUSTOMER SERVICE LINE. The part of the piping on the customer’s property that connects the service connection to the customer’s distribution system.

RULES AND REGULATIONS. The result and regulations for the operation of the Water Department.

SERVICE CONNECTION. The part of the water distribution system that connects the meter to the main and normally consists of corporation stop, service, pipe, curb stop and box, meter, meter yoke, and meter box.

SUPERINTENDENT. The person appointed by the City Administrator to manage the affairs of the Water Department.

WATER. Potable drinking water.

WATER DEPARTMENT. The Water Department of the city.

(Ord. 90.01, passed 1-8-1991)

§ 50.03 SERVICE AREA.

The area served by the Water Department shall be that area included within the corporate limits of the city and the other contiguous or neighboring territory as the Council shall, from time to time, determine to serve. The City of Banks will be the only provider of potable water within the City of Banks.

(Ord. 90.01, passed 1-8-1991)

§ 50.04 DESCRIPTION OF SERVICE.

(A) Supply.

(1) The Water Department will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a property pressure and to avoid any shortage or interruption in delivery.

(2) Temporary suspension of service by the Water Department for improvements and repairs will be necessary occasionally. Whenever possible, and when time permits, all customers affected shall be notified prior to shut downs. The city shall not be liable for damage resulting from the interruption in service or from lack of service.

(B) Quality. The Water Department shall exercise reasonable diligence to supply safe and potable water at all times, shall submit samples for bacteriological testing as required by the Oregon State Health Division, and shall otherwise meet requirements of the Division.

(C) Ownership of system. All water mains, valves, fittings, hydrants, service connections, and other appurtenances, except customer service line, are the property of the Water Department.

(D) Special contracts. When the applicant’s requirements for water are unusual or large, or necessitate considerable special or reserve equipment or capacity, the Water Department reserves the right to make special contracts, the provisions of which are different from and have exceptions to the regularly published water rates, and rules and regulations. These special contracts shall be in writing and signed by the applicant and the Superintendent. The Superintendent shall not sign a special contract until specific approval of the contract has been obtained from the Council.

(E) Resale of water. Resale of water shall only be permitted under special contract.

(F) Service preference. In case of shortage of supply, the Water Department reserves the right to give preference in the matter of furnishing service to customers from the standpoint of public convenience or necessity. Water service to users outside the city limits shall, at all times, be subject to the prior and superior rights of the customers within the city.

(Ord. 90.01, passed 1-8-1991)

§ 50.05 APPLICATION FOR SERVICE.

(A) Application form. Each applicant for water service shall sign an application form provided by the Water Department. There shall be only 1 applicant per meter connection. Each applicant shall give the date of application, location of premises, whether they have been served before, the date on which the applicant desires to have service begin, purpose for which service is to be used, the address for mailing or delivery of bills, the applicant’s address, the class and size of service, and the other information as the Water Department may reasonably require. In signing the application, the customer agrees to abide by the rules and regulations of the Water Department. The application is merely a written required for service and does not bind the Water Department to serve.

(B) Application of amendments. Customers desiring a material change in the size, character, or extent of equipment or operation that would result in a material change in the amount of water used shall give the Water Department written notice of the change prior to the change, and the application for service shall be amended. Customers desiring a chance in the size, location, or number of services shall fill out an amended application.

(Ord. 90.01, passed 1-8-1991)

§ 50.06 MAIN EXTENSION.

(A) Within the city limits.

(1) Water main extension to areas within the city limits not presently services with water from adequately sized mains of 6 inches or larger shall be installed by the Water Department or by contractors approved by the Water Department. The cost of the extensions shall be borne by the adjacent properties along which the extensions are made on a front-foot basis, except that the adjacent property shall not be assessed in excess of the cost of installing a 6-inch main, including all fittings and valves.

(2) If a mater main is laid to serve property that has paid for a water service connection from another street, the Water Department shall install a new service connection of like size to the property line or parking strip without charge to the owner, provided that the property is assessed for the new water main.

(B) Outside the city limits. Water mains outside the city limits shall be extended only at the expense of the customers served. The Water Department shall determine the size of the main extension. Extensions outside the city limits shall be installed by the Water Department or by contractors approved by the Water Department. The installation procedures and materials used shall be in accordance with the Water Department’s standards. The main extensions shall become the property of the Water Department at the time water from the city water system is turned into the main extension. If necessary, prior approval of Washington County must be obtained by the petitioning party.

(C) Locations of extensions. The Water Department will make water main extensions only on public rights-of-way, easements, or publicly owned property. The Council has final authority on granting connections outside of the city limits. Easements or permits secured for main extensions shall either be obtained in the name of the city or transferred to the city, along with all rights and title to the main prior to the time service is provided to the customers paying for the extension.

(Ord. 90.01, passed 1-8-1991)

§ 50.07 SERVICES.

(A) Water connections.

(1) All applicants shall be responsible for furnishing all materials, labor, equipment and excavation, except as noted below.

(2) The city shall furnish all 5/8-inch water meters; the applicant shall bear the cost of the meter, box and lid.

(3) All pavement replacements shall be the responsibility of the applicant.

(4) All workmanship and materials shall strictly confirm to the city’s standard specifications for the work.

(5) The city shall be responsible for tapping all water mains.

(6) The City Public Works Director or his or her representative shall inspect and have final approval of the work.

(7) Water service application fees, service fees and water rates shall be established by resolution of the City Council.

(Am. Ord. 80.7.1, passed 11-12-2003; Am. Ord. 2007-50.10(A)(1), passed 2-13-2007)

(B) Service connection. A service connection charge shall be charged to any applicant who files for service where no service previously existed, or who files for a change in service size or location. The applicant shall submit with the application the minimum service connection charge. The charge is to cover the actual cost to the Water Department to install the service from the main to and including the meter and the meter housing. In addition to the cost of the installation, the service connection charge may include a system improvement fee. The amount of the service connection charge shall be set by Council resolution.

(C) Size of service. The Water Department shall furnish and install a service of a size and at a location that the applicant requests, provided that the request is reasonable and that the size requested is one that is listed by the Water Department. The minimum size of service pipe shall be 5/8 inch. The Water Department may refuse to install a service line that is undersized or oversized, as determined by a study and report of the Superintendent to the Council.

(D) Changes in service size. Permanent changes in the size of the service line requested by the customer shall be paid by the customer on the basis of actual cost to the Water Department for making the change.

(E) Length of service.

(1) Where the main is in a public right-of-way, the meter shall be placed at the right-of-way line nearest the property to be served for the standard connection fee, provided that the length of service does not exceed the width of the right-of-way.

(2) Where the main is on an easement or publicly owned property other than designated public rights-of-way, the easement of public property by the Water Department, provided that the length of services does not exceed 30 feet.

(3) If, in either case cited above, the length of service line to the meter location exceeds the maximum distance stated, the applicant shall pay the extra cost of the line on the basis of actual cost to the Water Department for labor, materials, and equipment rental, plus 20% of the total.

(F) Joint service connections. The Water Department may, at its option, serve 2 or more premises with 1 service connection, but shall not allow more than 1 applicant for service to be connected to the same meter. The inside diameter of joint service lines shall be sufficient to provide a carrying capacity not less than the combined capacity of the individual services lines of the same size as the meters installed. Service extensions from an existing service to occupancies or ownership’s other than those for which the existing service was intended shall not be permitted.

(G) Number of service connections on premises. The owner of a single parcel of property may apply for and receive as many services as the owner and tenants require, provided that the application or applications meet the requirements of the rules and regulations.

(H) Standby fire protection service connections on premises.

(1) Purpose. Standby fire protection service connections of 2-inch size and larger shall be installed only if adequate provisions are made to prevent the use of water from the services for purposes other than fire extinguishing. Sealed fire sprinkler systems with water-operated alarms shall be considered to have the provisions. The Water Department may require that a suitable detector-check meter be installed in the standby fire protection service connections to which hose lines or hydrants are connected. All piping on the customer’s premises shall be installed in accordance with the plumbing code of the city.

(2) Charges for service. Charges for standby fire protection service shall be established by Council resolution. No charge will be made for water used in the standby fire protection services to extinguish accidental fire or for routine testing of the fire protection system. The customer shall pay the full cost of the standby fire protection service connection, any required detector-check meters, and any required special water meter or other device installed solely for the service to the standby connection.

(3) Violation of regulations. If water is used from a standby connection service in violation of these regulations, an estimate of the amount used shall be computed by the Water Department. The customer shall pay for the water used at the regular rates, including the minimum charge based on the size of the service connection and subsequent bills rendered on the basis of the regular water rates.

(I) Fire service connections other than standby. A service having fire protection facilities on the premises and water for other purposes flowing through the same service connection shall be considered an ordinary service and shall be metered. All water used through that service, regardless of its use, shall be charged at the regular rates.

(J) Temporary service connections. For water service of a temporary nature, applicants shall be required to pay in advance the estimated cost of installation and removal of metering equipment and materials, plus a reasonable depreciation charge for the use of equipment and material owned and furnished by the Water Department. The applicant shall pay the water bill in advance, based on an estimate of the quantity to be used.

(1) Time limit. Temporary service connections shall be disconnected and terminated within 6 months after installation unless an extension of time is granted in writing by the Water Department.

(2) Charge for water served. Charges for water furnished through a temporary service connection shall be at the established monthly rates for regular users set forth in the current water rate resolution.

(3) Installation charge and deposits. The applicant for temporary service shall:

(a) Pay the Water Department, in advance, the estimated cost of installing and removing all facilities necessary to furnish each service;

(b) Deposit an amount sufficient to cover bills for water during the entire period the temporary service may be used; and

(c) Deposit with the Water Department an amount equal to the value of any equipment loaned by the Water Department to the applicant for use on temporary service. This deposit is refundable under the terms of division (J)(4) below.

(4) Responsibility for meters and installation. The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the Water Department. If the meter or other facilities are damaged, the cost of making repairs shall be deducted from the deposit refund. If the loaned materials are returned in satisfactory condition and all bills paid, the full amount of the equipment deposit shall be returned to the temporary customer at the termination of service.

(K) Customers’ plumbing.

(1) State Plumbing Code. The customers’ plumbing, which shall include the customer’s service line and all plumbing, piping, fixtures, and other appurtenances carrying or intended to carry potable water, sewage, or drainage, shall comply with the State Plumbing Code. No connection shall be made, nor shall water service be maintained, to any property in which the plumbing does not comply with the provisions of the State Plumbing Code and applicable state and federal regulations.

(2) Control valves. Customers shall install a suitable gate and check valve in the customer service line as close to the meter as possible, the operation of which shall control the entire water supply to the premises service and to prevent the backflow of water into the city mains. The customer shall install the additional pressure-reducing valves, pressure relief valves, check valves, pop-off valves, or other control valves, as the customer may desire or the Water Department may consider necessary to protect the customers piping from abnormal high or low pressures or from interruptions of service. Repair and replacement of the control valves shall be the responsibility of the customer. A customer shall not operate or cause unauthorized operation of the meter stop or any other appurtenance on the service connection.

(3) Pumps. Where pumping is required to serve a customer at too high an elevation to be served by gravity, the Water Department may, at its option, require the customer to provide a suitable pump as a condition of service. The installation shall be subject to approval by the Superintendent.

(Ord. 90.01, passed 1-8-1991) Penalty, see § 50.99

§ 50.08 METERS.

(A) Ownership. The Water Department shall own and maintain all 5/8-inch water meters. The Water Department shall not pay rent or any other charge for a meter or other water facilities, including housing and connections located on a customer’s premises.

(B) Installation. Installation of water meters shall be performed only by authorized employees of the Water Department. All meters shall be sealed by the Water Department at the time of installation, and no seal shall be altered or broken except by 1 of its authorized employees.

(C) Size and type of meter. An applicant may request and receive a 5/8-inch meter regularly stocked or furnished by the Water Department.

(D) Location of meters. Meters shall normally be placed at the property lines closest to the water main; the meter may be installed wherever the applicant desires, within reason, but the location must be approved by the Water Department. A meter shall not be located in a driveway or other location where damage to the meter or its related parts may occur.

(E) Joint use of meters. The joining of several customers to take advantage of the single minimum charges or large quantity rates is prohibited, except under special contract. Where multiple users are receiving water from a single meter, the applicant for service shall be considered the customer and shall be responsible for all charges.

(F) Changes in size or location. If, for any reason, a change in size of a meter and service is required, the installation shall be accomplished on the basis of a new connection, and the customer’s application shall be amended. Meters or services moved for the convenience of the customer shall be relocated only at the customer’s expense.

(Ord. 90.01, passed 1-8-1991) Penalty, see § 50.99

§ 50.09 NOTICES.

(A) Notices to customers. Notices from the Water Department to the customer shall normally be given in writing and either mailed or delivered to the customer’s last known address. Where conditions warrant, and in emergencies, the Water Department may notify by telephone or messenger.

(B) Notices from customers. Notices from customers to the Water Department be given by the customer or authorized representative orally or in writing at the office of the Water Department, or to an agent of the Water department duly authorized to receive notices or complaints.

(Ord. 90.01, passed 1-8-1991)

§ 50.10 BILLING AND PAYMENT.

(A) Meter readings. Meters shall be read and customers billed on the basis of the meter reading, according to the rate structure established by Council resolution. The Water Department shall keep an accurate account on its books of all readings of meters, and the accounts so kept shall be offered at all times, places, and courts as prima facie evidence of the use of water service by the customer.

(B) Flat rates. Where meters have not been installed, the customer shall be billed on the basis of the average monthly charge for the size and class of service supplied to the customer.

(1) Billing period. Meters shall be read and bills rendered bi-monthly.

(2) Bills for other than normal billing period. Opening or closing bills or bills that for any other reason cover a period containing 10% more days or 10% less days than in the normal billing period shall be prorated.

(D) Disputed bills. A customer who disputes the correctness of a bill shall deposit the amount of the disputed bill at the time the complaint is lodged to preclude discontinuance of service pending final settlement of the bill or bills. Subsequent bills shall be paid or placed on deposit in a similar manner. Failure of the customer to make the deposit shall warrant discontinuance of service as provided under this section.

(E) Failure to read meters. In the event that it is impossible or impractical to read a meter on the regular reading date, the water consumption shall be prorated on the basis of 30 days per month, and the total water consumption for billing purposes for the period shall be estimated.

(F) Payment of bills.

(1) Generally. Each bill rendered shall contain the final date on which payment is due. If the bill is not paid by that date, the account shall be considered delinquent unless other arrangements have been made with the City Recorder, in writing, that specify another due date.

(2) Penalty fees for late payments. Bills not paid by the due date shall be assessed a penalty of 10% of the previous billing.

(3) Returned checks. A fee shall be charged for checks returned for insufficient funds as established by resolution by the City Council.

(Ord.