Sec. 110-26. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning, these meanings also apply to county rules and regulations and agreements and contracts:

Construction connection charge means a charge, payable to the county, for a developer's utilization of oversized facilities paid for by other parties, including the county.

Construction cost means the cost to a developer, less the county's oversizing costs, if any, described in this article, for the design and construction of all facilities as required to serve the developer's property and to connect to the county's water system.

Consulting engineer means the engineer or engineering firm or corporation responsible for design of facilities.

Customer or consumer means any person receiving water service from the county for consumption or usage within his premises.

Customer's installation means all pipes, shutoffs, valves, fixtures and appliances or apparatus of every kind and nature, including service lines, used in connection with or forming a part of an installation for utilizing potable water for any purpose, ordinarily located on the customer's side of the "point of delivery," whether such installation is owned outright by the customer or is used by the customer under lease or otherwise.

Developer means any person developing a property or properties for resale, rental or lease, at or to which water service is to be rendered by the county; where applicable, any person applying for the extension of a water main in order to serve a certain property.

Director means the director of the county's utilities services department.

Extension means pipeline added to an existing water main of the county for the purpose of serving one or more customers. All extensions shall be within a public right-of-way or an easement.

Fire hydrant assembly includes the pipe, isolating valves, fittings, hydrant proper and the tee on the county's distribution main.

Fire lines means the pipe, isolating valves, detection checkvalves and fittings of the county which extend from the main to the fire line pipes of the customer and which are used for supplying water exclusively for fire protection purposes.

Frontage means the actual width, normally expressed in feet, of a property in respect to a street or avenue but without relation to the front, side or rear of any structure located on the property along which the proposed sewer or force main is installed. For a corner lot, frontage is calculated as the longer of sides involved. For irregular shaped lots or acreage, frontage will be calculated by taking the square root of the number of square feet of property involved.

Guarantee deposit means the amount placed with the county by each customer as security for payment of the water bill.

Impact fee means a charge for the proposed usage of the county's water supply, treatment plant and transmission main facilities based on the average daily water usage in gallons per day paid by a developer or a customer for utilizing portions of the county's water system funded by the county and held in a special fund to be utilized solely to defray the cost of new facilities to the extent that new usage requires new facilities.

Meter means the measuring device purchased, owned and installed by the county for use on a service line or fire line for the purpose of accurately measuring water used by a customer.

Month means the time interval between successive meter reading dates when service is rendered upon a monthly basis, which interval may be 30 days, more or less.

Off-site mains means water mains totally outside a development.

On-site mains means water mains in streets or rights-of-way or easements totally within a development and those mains in peripheral streets constructed for use by that development.

Oversized main means a water main extension in, through or past a development which, because of future extensions or other reasons, is larger than required for the immediate development to be served.

Planned extension means future water main extensions scheduled by the county with special provisions for payments therefor.

Plumbing means all pipes, fittings and appurtenances on the property owner's side of the point of delivery.

Point of delivery or connection means the point where the county pipe or meter is connected with the pipe of the customer is where water service to the customer begins.

Property owner means the record title holder of premises served or to be served with a water connection by the county.

Quarter means the time interval between successive meter reading dates when service is rendered upon a quarterly basis, which interval may be three months, more or less.

Service includes, in addition to all water delivered to the customer, the readiness and ability on the part of the county to furnish water to the customer on demand. Thus, the maintenance of water pressure at the point of delivery by the county shall constitute the rendering of service, irrespective of whether the customer makes any use thereof.

Service area means those unincorporated areas of the county designated by separate resolution of the board of county commissioners which are serviced by a regional or subregional wastewater treatment facility owned or operated, in whole or in part, by the county, where development is required to connect to the regional or subregional facility and the water system of the county unless otherwise provided in this article.

Service charge means the charge established for the water supplied by the county to the customer.

Service commitment means the county's intent to provide water service to particular development or facilities expressed by the county's approval of a request for service.

Service commitment fee means that fee established by the county for providing service commitments to the developers in accordance with this article.

Service connection means the physical connection made between each county-owned water meter and the customer's plumbing.

Service lines means the pipes of the customer which extend from the water main to the meter, including the corporation stop on the water main, the curbstop at the meter and the meter box.

Water main means the water pipe in any specific development owned or to be owned by the county, to which service lines may be connected. The minimum standard size of water mains is eight inches in diameter.

(Code 1970, § 26-72; Ord. No. 87-09, § 2, 3-24-87)

Cross reference— Definitions generally, § 1-2.

Sec. 110-27. - Purpose.

(a)

This article is established for the purpose of providing uniform guidelines for water service being provided by the county. Additionally, this article attempts to equitably distribute the cost of providing service among the customers of the county.

(b)

This article sets forth uniform requirements for provision of potable water supply to the citizens of the county in areas serviced by the county's water system.

(c)

The objectives of this article are to:

(1)

Provide a safe and adequate potable water supply to the citizens of the county.

(2)

Eliminate unsanitary, unsafe or environmentally unsound sources of water which might otherwise be available in areas serviced by the county's water system.

(3)

Provide for the equitable distribution of cost of the county's water system.

(Code 1970, § 26-71; Ord. No. 87-09, § 1, 3-24-87)

Sec. 110-28. - Area embraced.

The area embraced by this article is all the unincorporated area of the county.

(Code 1970, § 26-80.8; Ord. No. 87-09, § 18, 3-24-87)

Sec. 110-29. - Penalties.

The county may discontinue water service to any customer for a violation of this article, for nonpayment of bills or for any reason that may be detrimental to the water system; further, the county has the right to withhold service until the reason for the discontinuance is corrected and all costs due the county are paid. These costs may include delinquent billings, turnoff and turn-on fees and payment for any damage caused to the system. Should a discontinued water service be turned on without authorization, the county shall have the right to have the water meter removed and to make an appropriate charge.

(Code 1970, § 26-80.2; Ord. No. 87-09, § 12, 3-24-87)

Sec. 110-30. - Classes of water service available.

The county renders water service of four general classes:

(1)

Domestic water service. This service covers the normal use of water in faucets, sinks, baths, urinals, toilets, water heaters, boilers, refrigerators and other similar fixtures or apparatuses in residences, apartments, hotels, stores, offices and industrial buildings.

(2)

Water service for fire protection purposes. This service is intended to provide an emergency supply of water exclusively for fire protection purposes, and the portion of the customer's installation to which this service is rendered must be in a unit entirely separate and apart from the customer's installation for domestic water service. No disconnection of fire lines is permissible unless the customer involved can provide proof of demolition of the existing structure or can provide a letter from the appropriate fire department authorizing such disconnection of service.

(3)

Shortterm (temporary) water service. This service is available for short periods of time upon application only, for street, sewer and similar construction, circuses, fairs, exhibitions, displays, lunchcarts, camps, ships and boats, etc.

(4)

Other service. This service is available where separate metering is required because the permanently designated usage will not be incorporated in sanitary sewage flow for billing purposes.

(Code 1970, § 26-73; Ord. No. 87-09, § 3, 3-24-87)

Sec. 110-31. - Requests for service.

(a)

Domestic water service within service limits. To obtain domestic water service from an existing distribution main under this article, the county will accept applications and deposits by mail. However, in order for the county to render a correct bill, the county may require the customer to produce proof of the date of occupancy, as when metered service is reconnected without county knowledge or consent. The applicant, when mailing in an application, should be certain that the name of the customer and the street address to which service is to be rendered are correct. Upon a customer's initial request for water service to a property, the county will require payment of a service installation fee to defray installation costs. Additional service to the same property may also be obtained at similar fees per meter. The service installation fee will be collected only once for each meter pursuant to section 110-37

(b)

Fire protection water service within service areas. To obtain fire protection water service within the service areas, application should be made at the office of the county. For a new fire line or combination fire line and domestic water service installation, it is necessary that the county be provided both preliminary plans and plumbing plans for a cost estimate. After the cost has been determined, it will be necessary for the applicant to sign the agreement or contract for service or to send a letter authorizing the installation. However, every applicant shall prepay the estimated cost of the installation from the water main to the property line, including an isolating valve, a detection check valve for determining leakage or unlawful usage, plus the extension of the proper size main if necessary, street repair, sidewalk repair, labor, concrete vault for detection check valve, other related materials, and such other costs as may be incurred in rendering service.

(c)

Mandatory service area. Connections to the county's water system shall be mandatory for developments required to connect to the county's wastewater treatment system, unless a service agreement is entered into with the county providing alternative arrangements for potable water service.

(d)

Service commitment fee. Upon the receipt of a complete service application and a determination of the service available, the county will issue an intent to serve which grants conditional approval of water service, subject to this article, for a period of six months. The conditions under which the county grants such conditional approval and subsequent plan approval are summarized as follows:

(1)

Within six months of the issuance of the conditional approval, the applicant must submit construction drawings for the project to the county for review and approval. Upon approval of the construction drawings, the applicant is notified in writing and the copies of the approved plans and permits are available for pickup upon receipt of this service commitment fee set forth in subsection (d)(3) of this section.

(2)

Construction plan approval by the utilities department is valid for a period of 12 months. If construction is not done within 12 months, the applicant must reapply for service. If construction is not done within six months and changes in the county's specifications have occurred, the plans must be resubmitted for approval.

(3)

The service commitment fee is a nonrefundable payment equal to 100 percent of the impact fee in existence for the development or project at the time the service commitment is issued. Payment of the service commitment fee does not entitle the connection of the development or the project without paying impact fees in existence at the time of connection; however the service commitment fee will be applied toward the impact fee in existence at the time the development or units for which the fee is paid are so connected to the system.

(4)

Only for single family detached residential developments with 25 or more units, the county may allow payment of the service commitment fee pursuant to the following installment program. Ten percent of the service commitment fee for a specific development or phase of development shall be due and payable at the time the county executes a water distribution system permit application for the state department of environmental protection and 40 percent of the service commitment fee shall be due and payable either upon approval of construction plans by the county for the specific development or phase of development and upon issuance of the water distribution system permit by the state department of environmental protection or within nine months after the county executes the water distribution system permit application, whichever occurs first. The remaining 50 percent shall be due and payable either upon issuance of a building permit for a structure or unit which would exceed 50 percent of the development units specified on the application executed by the county or 18 months after the initial ten percent service commitment fee payment, whichever occurs first. This subsection shall apply to any service commitments issued between September 28, 2005 and October 1, 2010.

(Code 1970, § 26-74; Ord. No. 87-09, § 4, 3-24-87; Ord. No. 88-26, § 1, 9-6-88; Ord. No. 91-06, § 1, 4-23-91; Ord. No. 93-19, § 1, 9-8-93; Ord. No. 96-16, § II, 8-6-96; Ord. No. 99-17, § 2, 9-28-99; Ord. No. 02-30, § 2, 11-26-02; Ord. No. 06-04, § 2, 2-28-06)

Sec. 110-32. - Agreements or contracts for service.

(a)

Application. Service under this article is furnished only upon written application submitted to and accepted by the county. Applications are accepted by mail, when accompanied by the required guarantee deposit. The conditions of such application and the resulting agreement or contract for service are binding upon the customer, as well as upon the county. Such application will protect both parties from error or irresponsible actions of others. Applications are accepted by the county with the understanding that there is no obligation on the part of the county to render service other than that which is then available from its existing facilities. In order for the county to render a correct bill, the county may require the customer to produce proof of his date of occupancy. A copy of the application and the contract for service will be furnished to the applicant on request.

(b)

Applications by agents. Applications for service requested by firms, partnerships, associations, etc., shall be submitted in writing to the county only by duly authorized agents, legally empowered to represent them. When service is rendered under a contract entered into between the county and an agent of the applicant, the use of such service by the applicant shall constitute full and complete ratification of such contract. Where a condominium building is served by a master meter, the county is authorized to accept applications for service, contract with, bill and require guarantee deposits from condominium associations or management companies, as representatives of individual unit owners or occupants.

(c)

Large volume water usage agreements. Water service on a volume basis may be obtained by means of cost-sharing arrangements outlined in contractual agreements with the county. Such agreements apply only to other utilities.

(d)

Developer agreements. Agreements for the provision of water service for new properties requiring the construction of water facilities shall, upon request by a developer, be prepared by the county (see subsection 110-35(b) pertaining to water extensions other than planned extensions). Final zoning approval of a property must be obtained prior to the county's preparation of the agreement.

(e)

Prior indebtedness. The county shall withhold or discontinue service rendered under an application made by any customer until all prior indebtedness to the county of such customer has been paid in full.

(f)

Multiple premises served through same meter. When two or more premises under single ownership are served through the same meter, the owner of such premises must sign the contract for water service and accept full responsibility for the payment for all service rendered, since no method is available to the county for prorating charges for service among the occupants of the several premises.

(g)

Shortterm service. Shortterm (or temporary) water service will be supplied only when the county has available an unsold capacity of mains, pipes, pumps and other equipment for the service requested. Applicants for such temporary service shall pay to the county in advance the cost of installing and removing any facilities necessary to furnish the service. Shortterm service will be rendered only to the designated locations and only within the period of time specified in the contract providing therefor and shall be utilized only by the contracting party.

(1)

During construction, a customer, contractor or developer may request temporary metered service (floating meter) for construction purposes only from fire hydrants or services which have been approved by the county.

(2)

The county reserves the right to discontinue service if tampering with the county's meter or other facilities occurs.

(h)

Change of occupancy. When change of occupancy takes place on any premises supplied by the county with water service, written notice thereof shall be given at the office of the county not less than two days prior to the date of change by the outgoing customer, such outgoing customer to be held responsible for all water service rendered to such premises until such written notice has been received by the county. The application of a successor occupant for water service will automatically terminate the prior account. Oral orders or advice cannot be deemed to be binding and formal notification to the county.

(i)

Limitation of use. Water service purchased from the county shall be used by the customer only for the purposes specified in the application for service, and the customer shall not sell or otherwise dispose of such service to other parties without the authorization of a formal agreement by the county. Water service furnished to the customer will be rendered directly to the customer through the county's meter and shall be for the customer's own use and shall not be remetered by the customer for the purpose of selling or otherwise disposing of water service to lessees, tenants or others and under no circumstances shall the customer or the customer's agent or any other person install a meter for the purpose of so remetering the service without the express approval of county. A customer shall not extend his lines across a street, alley, lane, court, avenue or other highway or property line without unity of title in order to furnish service for adjacent property through one meter, even though such adjacent property is owned by him. If such unauthorized remetering, sale or disposition of service occurs, the customer's service shall be subject to discontinuance until such unauthorized remetering, sale or disposition has been discontinued and full payment has been made of all bills for service, calculated under proper classifications and rate schedules, and until reimbursement in full has been made to the county for all extra expenses incurred for clerical work, testing and inspections.

(j)

Customer's responsibility. The customer is responsible for all water metered to him until such time as service is discontinued for one of the following reasons:

(1)

The county receives written notice from the customer to discontinue service as of a certain advance date.

(2)

Service is discontinued by the county due to nonpayment of a regular bill within 60 days after mailing the bill.

(3)

Service is applied for by another customer, at which time the former service is automatically discontinued.

(Code 1970, § 26-75; Ord. No. 87-09, § 5, 3-24-87)

Sec. 110-33. - Service for bulk water customers.

(a)

Service commitments. Municipally owned utilities or a private utility certificated by the state public service commission seeking to receive bulk water service from the county pursuant to subsection 110-32(c) shall submit a written application indicating the amount of service to be required, the availability of alternative water services, the number of customers serviced by the requesting utility, a description of the geographic territory served by the requesting utility and the time at which and for which such service is requested.

(b)

Right to refuse service. The county shall have the absolute right at all times to refuse to extend service on the basis of a use detrimental to the county's water system, that the municipally owned or private utility is in competition with existing or planned county facilities, the lack of payment of required fees, the lack of sufficient excess capacity to meet the request, the refusal to commit to pay for associated capital costs, replacement costs and expansions costs, that the requested service would not be cost-effective for the county or for any reason which, in the opinion of the county, will cause the extension not to be in the public interest. No payment of any costs, submitting of any application or any other act to receive bulk water service shall guarantee service.

(c)

Terms and conditions. Upon receipt of a complete application and approval of the application by the board of county commissioners, the bulk water service may be provided by the county under the following terms and conditions:

(1)

Appropriate bulk water impact fees, as approved by the board of county commissioners, must be paid by the applicant prior to connection or, if approved by the board of county commissioners, the applicant may pay a volume surcharge in addition to the bulk treatment rate for all existing flow at the time of connection in accordance with the schedule approved by the board of county commissioners.

(2)

The applicant agrees that the county shall be the sole provider of water treatment services for the area requested by the applicant and that any and all existing water treatment facilities owned or operated by the applicant will no longer be utilized for the area, unless otherwise approved by the board of county commissioners.

(3)

The agreement for such bulk water service will be for a period of not less than ten years and the applicant agrees that all new development or new connections to its utility system shall pay impact fees to the county in the same manner as the county's retail customers pay such fees.

(d)

Charges for services. The bulk user shall pay such rates as established from time to time by the county for bulk customers receiving such water service from the county.

(e)

Impact fees. Appropriate impact fees for all existing flow at the time of connection will be determined by the board of county commissioners in accordance with article V, and any new connections to the applicant's facility will pay impact fees in the amount equal to the retail impact fees as established for retail customers of the county's system pursuant to article V.

(f)

Existing customers. Bulk water customers presently connected to the county's utility system shall, where not otherwise precluded by law or specifically established by existing agreement, pay those impact fees established by the board of county commissioners for existing flow based upon a volume surcharge and shall further pay impact fees for any new connections or new flow in the same manner and amount as retail customers of the county's system established pursuant to article V.

(g)

Renewal or extension of existing agreements. Any renewal or extension of an existing bulk water agreement shall comply with this section.

(Code 1970, § 26-75.1; Ord. No. 91-12, § 1, 6-4-91; Ord. No. 06-28, 9-11-06)

Sec. 110-34. - Continuity of service.

The county will, at all times, use reasonable diligence to provide continuous service under this article and, having used reasonable diligence, will not be liable to the customer for failure or interruption of service. The county will not be liable for any act or omission caused directly or indirectly by strikes, labor troubles, accidents, litigation, shutdowns for repairs or adjustments, interference by governmental agencies, failure of electric power, acts of God or other causes beyond its control.

(Code 1970, § 26-76; Ord. No. 87-09, § 6, 3-24-87)

Sec. 110-35. - Extensions to distribution system.

(a)

Planned extensions. Under this article, the county may, from time to time, through the creation of special taxing districts, municipal service units, special assessments, designated service areas or by other means, plan water extensions in specific areas of the county. The costs of these extensions and terms of payment may be set forth individually by county ordinance or resolution. If the county installs at its cost water mains which are system betterments, the county shall require a construction connection charge from property owners connecting to such mains to reimburse the county for its costs.

(b)

Water extensions other than planned extensions. Where properties are to be served by extensions which are not planned extensions, water facilities shall be extended on the following basis:

(1)

Application. An application shall be required for extension of water service under this section and shall be in writing and signed by the developer desiring county water service. The application shall be filed with the county and shall include a legal description of the property and shall indicate the name, street address, lot and block number and the street frontage of each site, along with the proposed usage. Each applicant shall agree to connect to and use the county water service for his property. No water mains or connections to mains will be extended until the charges for water service, as further outlined, have been provided for.

(2)

Processing of application. Upon receipt by the county of a proper application requesting a water main extension, it will be evaluated and, if not feasible, returned with the proper explanation. If feasible, the cost to the developer will be estimated and submitted to the developer for consideration. If the developer decides to proceed further with the project and final zoning of the project has been approved, the county shall, at the developer's request, prepare and submit an agreement specifying all terms and conditions for service and related costs to the developer.

(3)

Basis of payment for extensions. The cost to the developer shall be the payment of the connection charges and construction costs as further outlined. The allocation of costs for oversizing water mains and rebates in regard to off-site water mains is outlined in subsection 110-36(a)(6).

(4)

Water main extensions. In addition to any required off-site mains, each developer or owner of property who requests water service shall install, as required by the county, a water main along one entire boundary line of the property which actually abuts a public road or street. However, in its sole discretion, the county may require the developer or property owner to install additional water mains as the county may deem necessary to promote the public interest and the orderly development of a countywide water system. Such additional mains may be required by the county to be installed along all or part of the boundaries of the remainder of the property or through the property which is to receive water service.

(5)

Water main extension from public right-of-way. Water mains shall be extended so that service to a developer's property will be from mains located in public rights-of-way or easements in private paved roads abutting each individual parcel of the developer's property which will receive service from a meter. Such water main extensions shall not be installed on private property except within dedicated easements.

(c)

Right to refuse service. The county shall have the right at all times to refuse to extend service on the basis of a use detrimental to the water system, lack of payment of required fees or for any reason which, in the opinion of the county, will cause the extension not to be in the public interest. No payment of any costs, submitting of any petition or any other act to receive water service shall guarantee water service.

(Code 1970, § 26-77; Ord. No. 87-09, § 7, 3-24-87)

Sec. 110-36. - Construction of water main; connections.

(a)

Duties of developer. Water mains to be constructed by a developer or his contractor under this article shall be constructed in accordance with the following:

(1)

Plat approval. For subdivisions, the application shall be accompanied by two copies of a recorded plat or, for a new subdivision, an approved preliminary plan or preferably a master preliminary plan or a large-scale development plan plus a plan showing location of proposed water main extensions.

(2)

Other governmental approval. Prior to final acceptance, all such water main extensions shall be approved by the appropriate state and county agencies.

(3)

Materials and construction standards. All materials and labor shall meet the specifications required by the county. All construction shall be performed under the inspection of the county and in strict compliance with the standards of the county design standards.

(4)

Connection to existing system. The developer's contractor may connect a main line extension of the county's existing system. When a tapping sleeve is required for the connection to an existing main, the following procedure is required:

a.

The contractor must perform the following:

1.

Excavation and dewatering.

2.

Provide lifting equipment on site for tapping machine.

3.

Furnish and install tapping sleeve and valve, under inspection of county inspector.

4.

Pressure test tapping sleeve and valve, under inspection of county inspector.

5.

Provide support blocking under tapping sleeve and valve.

b.

County personnel shall perform the actual tapping operations and installation of the construction meter.

c.

The developer must pay to the county prior to the meter installation and tapping operation all required connection charges, construction connection charges and impact fees.

(5)

Costs. The developer will pay all impact fees, connection charges and construction costs prior to connecting to the county's system unless otherwise specified in an agreement between the developer and the county. Construction cost will be the cost of water mains of sufficient capacity to supply water to the proposed development from the nearest adequately sized county water mains.

(6)

Oversizing. The county reserves the right to oversize any extension and will pay for such oversizing on the basis of additional costs beyond that necessary to serve only the subject development, including fire flow requirements. The county will pay an established unit amount based upon the pipe size of a facility multiplied by the length of that facility. The established unit amount will be determined by the county based on the flow requirements of the developer and the county's study of current construction costs. The county will credit the developer for the cost of the county's share of oversized water mains, and this credit will be in the form of a reduction of the impact fee or a cash payment. The county also reserves the right to limit the amount of its participation in the cost of oversizing, depending on economic conditions or other factors. The rates of credit relate to the difference in diameter between the pipe required for the developer's project and the pipe required by the county to be installed.

(7)

Construction permit. A permit for construction must be obtained by the developer from the appropriate governmental agency.

(b)

Public easement required. No water main facility will be installed under this section and accepted by the county for operation and maintenance unless it is in a public right-of-way or easement with a minimum width of 15 feet. Conveyance of all easements shall be by a separate document in recordable form to be approved by the county and shall be accompanied by a written certification by an attorney licensed to practice law in the state that the developer is the owner in fee simple of the property to be conveyed by the easements and that, upon its execution by the developer, a valid and enforceable easement in the developer's property will be vested in the county. No water main facilities to be owned and operated by the county shall be installed under any building or appurtenances thereto.

(c)

Conveyance and ownership. All water main facilities and appurtenances to be owned by the county shall be conveyed to the county by proper bill of sale immediately after the county's acceptance, in writing, of the construction of the facilities. The developer shall also provide copies of paid bills or lien waivers, releases or satisfactions, together with a breakdown of the actual cost of the facilities. Concurrently with the documents required in this subsection, the developer shall furnish the county with one set of as-built drawings showing specific locations, depths, etc., of all water main facilities and appurtenances. In addition, the developer shall furnish the county with a maintenance bond or alternate security deposit acceptable to the county, for a period of one year from the county's final acceptance of the facilities, in the amount of 15 percent of the total actual cost of construction of the facilities, to protect the county against losses resulting from any and all defects in materials or improper installation of the facilities. When accepted and properly conveyed to the county for ownership, maintenance and operation, the facilities shall become and remain the property of the county, and no person shall, by the payment of any changes provided for in this subsection, or by causing any construction of facilities accepted by the county, acquire any interest or right in any of these facilities or any portion thereof other than the privilege to have his property connected thereto for water service in accordance with this article. No permanent meters for any type of service may be installed on facilities which have not been properly conveyed to the county.

(d)

Approvals. No water main extension will be accepted by the county without the approvals of the county and the appropriate state agency.

(e)

Unauthorized work on water system. No person shall tamper with, work on, uncover, open or close valves, make connection with or in any way alter or damage any county water main or appurtenance thereto without written permission of the county. The offending person shall pay a violation fee of $500.00 in addition to paying the total cost of all charges attributable to such tampering and shall be subject to all other penalties as may be prescribed by law.

(Code 1970, § 26-78; Ord. No. 87-09, § 8, 3-24-87)

Sec. 110-37. - Connections for service and meters; service installation fees.

(a)

Service installation fees. Under this article, the county will provide a standard service line capable of serving the size of meter requested for a lot or parcel adjacent to an existing distribution main owned by the county upon advance payment by the customer of a service installation fee and appropriate impact fees. The minimum size of service line between a water main and a meter shall be one inch. If a service line larger than one inch is necessary to serve the customer with an adequate supply of water, the customer shall provide the county with plot plans and plumbing plans for a cost estimate. After the cost has been determined, the county will install such adequate service line upon application of the customer and advance payment by him of the total estimated cost of such larger service line. The county will attempt to install the meter at the location requested by the customer. However, the county reserves the right to install the meter at any location within the perimeter boundaries of the customer's property.

(b)

Service availability from existing systems. Customers shall be notified when sewer or water is available. Sewer service or potable water shall be considered available to an existing or new equivalent residential unit (ERU) when the individual unit or development is within a designated sewer or water service area and the development review committee (DRC) policy guidelines for service availability apply. Sewer or potable water charges shall be in effect within 365 days of notification of the availability of sewer or water service or if connection is made before the expiration of 365 days, upon actual connection.

(c)

Customer's obligations.

(1)

Installation. Each customer's installation shall include that part of the service line to be extended by the customer at his expense to a point designated by the county. The customer's installation shall be extended to the county's meter and curbstop, ordinarily located at the front or rear property line at one side of the lot.

(2)

Type and maintenance. The customer's water pipes, apparatus and equipment shall be selected, installed, used and maintained in accordance with standard practice, conformable to rules and regulations of the county, and in full compliance with all laws and governmental regulations applicable thereto. The customer expressly agrees to abstain from utilizing any apparatus or device which may adversely affect the service, and the county reserves the right to withhold or to discontinue service whenever any such apparatus or device is used.

(3)

Change of installation. No changes or increases in the customer's installation, which will materially affect the proper operation of the pipes, mains or stations of the county, shall be made without the written consent of the county. The customer will be liable for any damage resulting from a violation of this subsection.

(4)

Inspection of installation. All installations for water service or changes therein shall be inspected before covering, upon completion, by a competent authority to ensure that piping, equipment and devices have been installed in accordance with accepted standard practice and in compliance with such local rules and building codes as may be in effect. Where inspection is required by governmental rules or ordinances, the county shall discontinue service if the inspecting authority notifies the county that the installation has not been approved. The county reserves the right to inspect the customer's installation prior to rendering service and from time to time thereafter, but assumes no responsibility whatsoever for any portion thereof.

(5)

Indemnity to county. The customer shall indemnify, hold harmless and defend the county from and against any and all liability, proceedings, suits, costs or expenses for loss, damage or injury to persons or property, in any manner directly or indirectly connected with or growing out of the transmission and use of water by the customer at or on the customer's side of the point of delivery.

(6)

Protection of county's property. The customer shall properly protect the county's property on the customer's premises and shall permit no one to have access thereto except the county's agents or persons authorized by law. When service lines, meters, mains or other equipment are damaged by contractors, construction companies, governmental agencies or others, such damage will be repaired by the county and the cost thereof charged to the party if causing the damage. If any loss or damage occurs to property of the county caused by or arising out of carelessness or neglect or misuse by the customer, the cost of making good such loss or repairing such damage shall be paid by the customer.

(7)

Access to premises. The duly authorized agents of the county shall have access at all reasonable hours to the premises of the customer for the purpose of installing, maintaining and inspecting or removing the county's property, reading meters and other purposes incident to performance under or termination of the county's contract with the customer and in such performance shall not be liable for trespass. If access is not granted for the purposes indicated in this subsection, a notice will be left for the customer stating that county personnel would return within 48 hours. If access is not granted for two consecutive billing periods, service will be subject to termination. All appropriate regulatory agencies will be advised of county action. A service charge of $10.00 will be assessed for each attempt after the initial attempt to gain access. Those charges will be applied on the customer's next bill. In order to have water service restored, all charges must be prepaid.

(8)

Right-of-way. The customer shall grant or cause to be granted to the county and without cost to the county all rights, easements, permits and privileges which in the county's opinion are necessary for the rendering and maintaining of service.

(d)

Location of water meters. The customer shall provide meter space for use of the county at a suitable and readily accessible location, preferably adjacent to the customer's property line. When the county considers it advisable, adequate and proper space for the installation of meters and other similar devices shall be provided by the customer within the premises to be served and at no cost to the county. Whenever two or more meters are utilized to supply the customer's premises, such meters will be grouped and the customer's installation brought out by the customer to a meter location designated by the county. Customers and their agents, such as an employee, contractor, etc., are prohibited from placing any obstacles, such as trees, bushes, etc., on or about meters, valves and other equipment which in any way obstruct free access to such equipment. If after notification by the county any such obstructions are not removed within 24 hours of such notification, a service charge of $10.00 will be applied to the customer's next bill. If obstructions still remain after two consecutive bills, service will be subject to termination.

(e)

Installation of meters. The county will install and properly maintain all meters and metering equipment as may be necessary to measure the water delivered to the customer. Separate meters to measure water not entering a sewer system may be requested by the customer, upon written application and payment of the necessary fees. Title to meters and metering equipment shall be and remain property of the county.

(f)

Standard of accuracy and certified test of meters.

(1)

No meter will be installed by the county unless first tested and determined to be legally accurate. The county will use all practicable means to maintain the accuracy of its meters.

(2)

A legally accurate meter means a meter that has been tested according to the county's established procedures and within a tolerance of 1.5 percent error displacement, two percent error turbine propelled and three percent compound and fire service.

(3)

Upon request from a customer, the county will remove a meter from service and conduct a test which shall be certified by the county.

(4)

The minimum charge for a certified test will be $25.00.

(5)

If a meter which is tested at the request of a customer is determined by certified test to be legally accurate, the customer shall pay the test charge of $25.00. If a meter is determined not to be legally accurate, the customer will not be required to pay the test charge.

(6)

If a meter is determined not to be legally accurate, the customer's billing for one period prior to removal of the meter will be adjusted by an amount based on the percentage of registration error on the meter as tested.

(7)

For a meter determined not to be registering at the time of the meter test, the county will estimate the bill for the billing periods in question by basing the estimate on registration of a 30-day period as recorded on a legally accurate meter installed to serve the customer's premises.

(g)

Connections for service; unauthorized connections or installations. Connections to the county's system for any purpose whatsoever are to be made only by its employees or contractors with the full approval of the county. No connection of any description, temporary or otherwise, is permitted on the customer's installation between that portion of the customer's installation for domestic water service and that portion of the customer's installation for fire protection purposes. That portion of the customer's installation for domestic water service shall be so arranged that all domestic water service shall pass through the meter. No temporary pipes, nipples or spacers are permitted except for temporary testing purposes by a plumber authorized by the county, and under no circumstances are connections allowed which may permit water to bypass the meter or metering equipment. Any and all physical connections or arrangements of pipes are prohibited between two separate piping systems on the customer's property, one of which contains potable water from the county's water mains and another containing a liquid from any other source such as a private well supply. If the county determines that such an interconnection exists, it shall terminate service and remove the water meter immediately. Service will not be restored until any such interconnection has been severed and proof of severance has been provided to the county. No booster pumps may be installed in the plumbing system of any residential customer. Booster pumps installed in the plumbing systems of multifamily, commercial or industrial customers are permitted, but only with the approval of the construction manager and only with the inclusion of proper backflow preventer devices.

(h)

Backflow prevention for commercial or industrial establishments. All potable water connections to any commercial or industrial establishment will require the installation of a reduced pressure zone backflow preventer as a component of the customer's installation, unless this is specifically waived in writing by the utilities manager.

(i)

Backflow prevention devices. All backflow prevention devices installed for the purpose of protecting the distribution system shall meet or exceed the department's backflow prevention device specifications. The department shall be sole judge of product quality and conformity to applicable standards and shall maintain a current list of approved devices which shall be available to the public. All backflow prevention devices shall be fully acceptable to the state division of health, bureau of sanitary engineering. Only the following will be considered acceptable backflow prevention devices: air gap; reduced pressure zone backflow preventer; double checkvalve assembly backflow preventer; pressure vacuum breaker backflow preventer; and atmospheric vacuum breaker backflow preventer.

(j)

Unauthorized connections. Any unauthorized connections or installations shall be subject to the immediate discontinuance of service without notice, and service will not be restored until such unauthorized connections or installations have been removed and unless settlement is made in full for all water service estimated by the county to have been used because of such unauthorized connections or installations.

(Code 1970, § 26-79; Ord. No. 87-09, § 9, 3-24-87; Ord. No. 93-19, § 2, 9-8-93)

Sec. 110-38. - Billing procedures.

(a)

Applicability. This section applies to all customers of the county having water service pursuant to this article.

(b)

Billing periods; due date. Bills for service will be rendered either monthly or quarterly. The county shall determine which accounts shall be billed monthly or quarterly based upon the amount of consumption, either actual or anticipated. Bills are due when rendered and shall be considered as having been received by the customer when delivered or mailed to the service address or to some other place mutually agreed upon. Nonreceipt of bills by the customer shall not release or diminish the obligation of the customer with respect to the payment thereof.

(c)

Minimum bills. Each bill for water service shall not be less than the minimum charge specified in county rates. Where service on a monthly basis is discontinued within 30 days after the beginning of service and the consumption is less than the quantity covered by the monthly minimum bill, a minimum monthly bill shall be paid by the consumer to compensate the county for extra expenses incurred.

(d)

Guarantee deposits. Upon opening an account, a minimum guarantee deposit shall be paid by each customer at the time of making application for service. The deposit shall be based on meter size. The guarantee deposit is required as security for payment of the customer's water bill. It is refundable to the customer upon termination of service. A customer requesting a temporary portable (floating) meter shall pay a guarantee deposit specified in county rates. This deposit is security for the value of the meter and connections loaned to the customer, as well as for payment of the water bill. No interest is paid by the county on guarantee deposits.

(e)

Delinquent bills. Bills are due when rendered and if not actually received on or before the past due date set forth on the customer's bill, a ten-percent late charge to defray county costs and expenses shall be added to the water bill. If payment is not actually received within 60 days of the date rendered, the water service may be subject to disconnection and termination of the account with the county without further notice. Upon termination of service, the guarantee deposit shall be applied to the outstanding bill for that customer and a final statement shall be rendered showing the balance due. Service shall not be reinstituted until the final statement is paid in full and the customer makes application for service and pays the guarantee deposit at the then-established rate as provided in subsection (d) of this section. A customer's water service shall be discontinued and no new application shall be accepted at any other location when there remains an outstanding final statement for unpaid water service at any previous location.

(f)

Lien for unpaid water and sewer service charges. All charges, late charges and interest accruing thereupon for water and sewer service rendered to any real property by the county which remain unpaid 60 days after the past due date of the water and sewer charges shall become a lien against and upon the real property to which such water and sewer service has been furnished to the same extent and character as a lien for a special assessment. Until fully paid and discharged, the charges, late charges and interest accrued thereupon shall be, remain and constitute a special assessment lien equal in rank and dignity with the liens of county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. The lien may be enforced and satisfied by the county by any method permitted by law. The lien shall not be deemed to be in lieu of any other legal remedies for payment available to the county, including but not limited to suspension and termination of water service.

(g)

Bills from previous location. A customer's water service shall be discontinued for nonpayment of a bill for service to the customer at a previous location served by the county, provided the bill is not paid within 60 days after the original bill for the previous location is mailed.

(h)

Evidence of consumption. The service rendered by the county shall be measured by meters. The meter readings shall serve as prima facie evidence of the quantity of water delivered to the customer.

(i)

Customer service complaints; due process. A customer desiring to dispute his water or sewer bill may contact the customer service office of the county and request an investigation regarding his account. If the investigation sustains the original reading and billing and the customer wishes to dispute his bill further, he will be advised by the customer service office that he is entitled to request a certified meter test as provided in subsection 110-37(f).

(Code 1970, § 26-80; Ord. No. 87-09, § 10, 3-24-87)

Sec. 110-39. - Rates and charges.

(a)

Domestic water service. The rates as established from time to time by the county shall apply to retail customers receiving water service from the county under this article. Bulk rates may be established separately by the county.

(b)

Fire protection purposes and fire hydrant service charge. The rates for water service by fire lines for fire protection purposes, based on the size of the connection, are payable in advance.

(c)

Reimbursement for extra expenses. The customer shall reimburse the county for all extra expenses, such as for special trips, inspections, disconnecting and reconnecting service, additional clerical expenses, etc., incurred by the county because of any delinquent bill or because of the customer's violation of the contract for service or of the county's rules and regulations.

(d)

Reserved.

(e)

Modifications. For the purposes of carrying out the intent of this article, the board of county commissioners shall have the power to fix, alter, change or modify, by ordinance or resolution, rates, commitment fees, connection charges, impact fees and other charges for the use of any water services furnished or to be furnished by the water facilities created, established or required by the county. No rate, fee or charge fixed by ordinance shall be modified except by ordinance. However, such rates, commitment fees, connection charges and other fees and charges shall not be fixed until after public hearing with all the users and owners, tenants and occupants of the property served or to be served and all others interested having the opportunity to be heard concerning the rates, fees and charges. Notice of such public hearing setting forth a schedule of rates, fees and charges to be considered by the board of county commissioners shall be authorized by the board of county commissioners and shall be given one publication in a newspaper published in the county at least ten days before the date fixed for the hearing. The hearing may be adjourned from time to time. After such hearing, such a schedule, either as considered after publication or as modified or amended, shall be adopted by resolution and put into effect. Those rates, commitment fees, impact fees, connection fees and other fees and charges in effect at the time of adoption of the ordinance from which this article derives shall remain in effect until subsequently modified as provided in this section. Furthermore, any modifications of rates as contemplated under this section may be accomplished simultaneously with and in conjunction with any modification to wastewater rates, commitment fees, connection charges, impact fees or other rates and charges.

(Code 1970, § 26-80.1; Ord. No. 87-09, § 11, 3-24-87; Ord. No. 06-28, 9-11-06)

Sec. 110-40. - Billing adjustments.

(a)

Billing adjustments under this article will be made for the following reasons:

(1)

Incorrect meter reading.

(2)

Overestimate or underestimate, which may occur when the county is unable to gain access to the property (see subsection 110-37(c)(7)).

(b)

No adjustments will be made for leaks occurring in toilets, hot water heaters, solar water heaters, washing machines, valves, spigots or any other item or plumbing fixture or pipe.

(Code 1970, § 26-80.3; Ord. No. 87-09, § 13, 3-24-87)

Sec. 110-41. - Verification of meter consumption.

The county, at the request of the customer, will verify any meter consumption for water used under this article. If the meter is found to have been read incorrectly, no charge will be made and an adjustment will be made to the billing. If the meter has been read correctly, a reread fee will be charged to the customer's account.

(Code 1970, § 26-80.4; Ord. No. 87-09, § 14, 3-24-87)

Sec. 110-42. - Termination of service to multiple units.

If a bill for a multiple unit is delinquent as provided in subsection 110-38(e), the county will mail a certified letter to the owner or manager, as well as to applicable regulatory agencies, 14 days prior to the termination of water service, requesting payment of the water or sewer bill. Seven days prior to the termination of service, the county will attempt to give written notification in the form of door hangers to all residents of such unit, describing the county's intent to terminate service on a given date. For purposes of this section, multiple units are defined as two or more housing units served through one water meter.

(Code 1970, § 26-80.5; Ord. No. 87-09, § 15, 3-24-87)

Sec. 110-43. - Requirements for subdivision final approval.

After final inspections of subdivisions, the following items are required by the utilities construction manager's office before any water meters will be installed pursuant to this article:

(1)

Letter of certification from the engineer of record, stating all lines or lift stations, etc., have been inspected, tested and installed according to the engineer of record's specifications and as-built drawings. The certification must show calculations and test results according to the most recent AWWA standards.

(2)

Original letter from state department of environmental protection stating that these facilities have been approved by it and may be put into use.

(3)

Three sets of blue line as-built prints and one set reproducible as-built prints.

(Code 1970, § 26-80.6; Ord. No. 87-09, § 16, 3-24-87)

Secs. 110-44—110-65. - Reserved.