Chapter 13.12
WATER

Sections:

Article I. Use of Public Water System Required

13.12.010    Use of public water system required.

13.12.020    Penalties.

Article II. Rules and Regulations

13.12.030    Application for water service.

13.12.040    Deposit as security for water rental.

13.12.050    Water utility deposit.

13.12.060    Customer past utility payment history.

13.12.070    Deposit application.

13.12.080    Cost of water connection.

13.12.090    Turn-on charges.

13.12.100    Tandem meters prohibited.

13.12.110    Water meters required.

13.12.120    Separate users – Minimum rates.

13.12.130    Cash for meters and supplies.

13.12.140    Well connections prohibited.

13.12.150    Criteria for rural use.

13.12.160    Cost of supplying water to rural users.

13.12.170    Water rates.

13.12.180    Discontinuance of water service.

13.12.190    Collection of water user fees.

13.12.200    Rules and regulations.

13.12.210    Penalties.

Article III. Cross-Connections

13.12.220    Potential contamination of city water supply.

13.12.230    Cross-connection inspection fee.

13.12.240    Penalty.

Article I. Use of Public Water System Required

13.12.010 Use of public water system required.

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city of Dundee, Oregon, shall be required to connect such facilities with the public water system, within 30 days after the date of official notice to do so; provided, that said public water system is available to or on the property and/or at a property line of said property. In the event that during the said period of 30 days the said owner shall file his written objections with the city recorder against so being required to connect with the public water system, the city shall not enforce the provisions of this section upon said owner, so filing his objections, until the council shall have, at a meeting thereof, heard said objections of said owner, and rendered its decision thereon. The said meeting of the council shall be held not less than 10 days, nor more than 30 days, from and after the date of the filing of said objections with the city recorder. Not less than seven days prior to the date set by the council for said meeting, the city shall give due notice of the date set therefor to said owner. The decision of the council shall be final, and no appeal shall be taken therefrom by said owner except as is provided by law. [Ord. 211 § 1, 1979].

13.12.020 Penalties.

Any person or persons violating the provisions of this article shall, upon conviction thereof, be punished by a fine of not to exceed $100.00, or imprisonment not to exceed 10 days, or both. Each day of noncompliance with the provisions of this article shall constitute a separate violation thereof. [Ord. 211 § 2, 1979].

Article II. Rules and Regulations

13.12.030 Application for water service.

Every person, firm, corporation, or association desiring the use of water from the municipal water system of the city of Dundee shall make written application therefor to the water department in the recorder’s office of said city, which said application shall, among other things, set forth the following information.

A. Name and address of applicant.

B. Whether applicant resides within or without the corporate limits of the city of Dundee, and whether the proposed place of use of water is within or without said corporate limits.

C. Whether applicant is a commercial user or a residential user, as herein defined.

D. Whether applicant is the owner, purchaser, or tenant of the property where water is to be used; and if a tenant or purchaser, then the name and address of the owner of the property or his authorized agent.

E. Such other information as may be required by this article or by the water department of said city.

Every such application shall contain, immediately above the signature of the applicant, the following provision:

The undersigned applicant hereby specifically agrees, in consideration of the furnishing to said person by the City of Dundee of the water and water service hereby applied for, to abide by and comply with all rules, regulations or restrictions of the City of Dundee appertaining to the use of such water or water service, whether the same shall be now in force or which may be hereafter put in force, and to promptly pay for all water at the rates which shall be now or which may be hereafter put in force. It is understood by the applicant that all rates, penalties, rules, regulations, and restrictions appertaining to the use of water or water service are subject to change or modification without notice. The applicant specifically agrees that the Superintendent of Public Works, or the superintendent's agent, may enter upon property where water from the municipal system of the City of Dundee is used for the purpose of reading the meter, inspecting the meter or water pipes, or for any reason necessary in the discharge of the superintendent’s duties. It is specifically understood and agreed that if the water is used for an area outside of the City limits, that the water shall be provided for human consumption only, including washing, bathing, drinking, and food preparation, and shall not be used for irrigation, or other exterior use.

Water will be provided to rural users as long as there is sufficient quantities available for areas within the City limits. If an emergency occurs, the water service to rural users will be the first to be terminated. The existence of an emergency due to insufficient quantities of water for use within the City limits will be determined by the City Council, police, fire, and/or the public works departments.

[Ord. 286 § 1, 1989].

13.12.040 Deposit as security for water rental.

Any person, firm, or corporation making application for use of water from the municipal water system of the city of Dundee shall, at the time of making such application, pay to the city administrator/recorder of said city as cash deposit an amount set by resolution as guarantee of payment of all water rentals, liens, and charges incurred by the applicant and as a guarantee of compliance by the applicant with the rules and regulations governing the water system of the city of Dundee, whether now or hereafter in force. Upon the termination of said water service, said cash deposit shall be refunded to said applicant or user, less any and all delinquent water rentals or any other unpaid charges that have been incurred by said applicant or the guarantee due the city from said applicant for failure to comply with the rules and regulations governing the water system of the city of Dundee. All of said cash deposits paid into the city of Dundee under this section shall be credited by the recorder to a separate account entitled “water deposit account,” and the money shall be deposited in the general fund of said city. The amount of any cash deposit required by this section shall be maintained by the user at all times; and if reduced below the amount herein specified by application to delinquent water rentals or any other unpaid charges, the water may be shut off by the city until such time as the amount of cash deposits shall again be deposited with said city; and in addition thereto, all current charges shall be paid in cash, together with any turn-on charge specified by DMC 13.12.090. [Ord. 348 § 1, 1997; Ord. 286 § 2, 1989].

13.12.050 Water utility deposit.

The city administrator/recorder is granted the latitude to determine if a water utility deposit is required from a customer. This required deposit may apply to any customer of the water utility distribution system. The basis for such a determination shall be:

A. The past delinquent utility payment history of the customer.

B. Water service to a customer is discontinued for nonpayment of a delinquent bill.

The amount of a water utility deposit will be based upon the maximum amount of water used in a single utility billing period. [Ord. 359 § 4, 1999].

13.12.060 Customer past utility payment history.

Any person requesting water utility service from the city may submit a statement from the most recent previous utility provider, in lieu of paying a water utility deposit to the city.

A. This statement will be on the official letterhead of the water utility provider, bear the original signature of an official of the utility provider, and contain a date no earlier than 30 days prior to the date of the customer’s request to the city.

B. This statement shall indicate that the person requesting utility service had a continuous, uninterrupted, up-to-date payment record; and left no outstanding balance with the previous utility provider.

C. This statement is applicable to only the person requesting utility service from the city of Dundee, and shall not apply to any other person other than the person making this request. [Ord. 359 § 5, 1999].

13.12.070 Deposit application.

The city administrator/recorder may direct that any water utility deposit be applied against the final water utility bill of a customer. [Ord. 359 § 6, 1999].

13.12.080 Cost of water connection.

A. Every applicant for water service from the city of Dundee which shall require a new tap or connection with a water main or pipeline in the city water system, or a private line or main, shall, before such connection is made, pay the recorder of the city of Dundee a connection fee as set by resolution, in addition to the actual cost and expense of materials and labor for making such connection, according to the prevailing schedule as fixed and determined from time to time by the council of the city of Dundee, and that in arriving at and in fixing said schedule for charges, the city council shall take into consideration whether such tap is located beneath hard surface pavement, within or without the corporate limits of the city of Dundee, the size of the connection desired and such other matters as may properly affect the cost and expense of such installation.

B. In the event that the place where such water is proposed to be used shall be within the corporate limits of the city of Dundee and does not require tapping a private line, the city shall excavate and tap the main or city pipeline, furnish and install a corporation cock and all necessary pipe fittings up to and including the city shutoff, meter, and meter box and sufficient pipe to reach to the private property line of the applicant, charging for the installation thereof in accordance with the aforesaid schedule of charges. The city of Dundee will service and maintain said water line from the city main to and through the meter and meter box and to the property line of the applicant, and the remainder of the water line beyond the property line shall be serviced and maintained by the owner.

C. In the event that the place where such water is proposed to be used shall be outside of the corporate limits of the city of Dundee, the applicant shall do all of the excavation; and the city shall tap the city main or private line, furnish and install a corporation cock in the city main, and shall charge therefor in accordance with the schedule of charges to be prepared by the council of the city of Dundee, in a similar manner as specified in subsection (A) of this section. The applicant shall furnish, install, and maintain the pipeline from the said corporation cock to the premises to be served, including the meter and meter box and all fittings and cocks hereby required. In all connections outside the city limits, meters and meter boxes shall be installed at a location and in a manner satisfactory to the public works superintendent of the said city; and a city shutoff cock shall be provided immediately adjacent to the meter and between it and the city main, and a private shutoff cock shall be provided and installed immediately adjacent to said meter and between it and the premises to be served.

D. In the event that such applicant shall desire to tap a private line or main, he shall file with the city recorder of the city of Dundee the written permission of the owners or managers of said private line allowing him to so tap said private line and install the corporation cock, and granting the superintendent of public works of the city of Dundee permission to go upon the private premises from time to time for the purpose of inspecting, repairing, or replacing any of said installation. In the event the place of tapping said private line shall be within the corporate limits of the city of Dundee, said applicants shall do all necessary excavation work; and the city of Dundee shall tap said private line and install the corporation cock, the city shutoff, the meter and the meter box, charging therefor in accordance with the schedule of charges prepared by the city council, as specified in subsection (A) of this section.

E. In the event of failure of any applicant or any owner of premises to be served, or the user of water thereon, to maintain any part of the line furnished, installed, or owned by said person, in a condition satisfactory to the superintendent of public works, the water shall be turned off by the superintendent of public works at such point as the superintendent sees fit, and shall not be again turned on until the condition of said line has been remedied in a manner satisfactory to said superintendent. No person, firm, or corporation shall open, turn on, or interfere with any shutoff cock or gate which may have been closed by the superintendent hereunder. All private lines or mains outside the city of Dundee and serving two or more customers shall have a gate or shutoff installed at a point where said private line or main leaves the city main, which said gate or shutoff shall be the property of the city of Dundee. [Ord. 348 § 1, 1997; Ord. 286 § 3, 1989].

13.12.090 Turn-on charges.

The cost of turning on water for any user who has had the water shut off by the city of Dundee for failure to pay water rentals required by the city or failure to comply with the rules and regulations governing the water and sewer system of the city shall be $20.00, which sum shall be paid before the water is turned on again. [Ord. 286 § 4, 1989].

13.12.100 Tandem meters prohibited.

No tandem meters, consisting of two or more meters connected serially on the same pipeline, shall be permitted; and no pipeline running from any city pipeline or city main shall run through any other meter. [Ord. 286 § 5, 1989].

13.12.110 Water meters required.

From and after December 1, 1951, no water shall be furnished to any person, firm, or corporation from the municipal water system of the city of Dundee unless such water shall be metered through a meter which, together with the installation thereof, has been approved by the superintendent of public works of the city of Dundee.

The recorder of the city of Dundee be and is hereby directed to immediately notify in writing the owners and occupants of any and all premises using unmetered water from the municipal water system of said city of the requirements of this section.

The superintendent of public works of the city of Dundee be and is hereby directed, promptly after December 1, 1951, to shut off the water from any and all premises where water meters have not been installed as herein provided, and to keep the water shut off until such meter is installed in accordance with the provisions of this article. [Ord. 348 § 1, 1997; Ord. 286 § 6, 1989].

13.12.120 Separate users – Minimum rates.

No connection or extension of the water system of the city of Dundee shall be made to other buildings or structures from a building or premises where water is metered except upon permission of the council of the city of Dundee, based upon the recommendation of the superintendent of public works of the city of Dundee, and then only upon payment of a separate minimum rate for each additional building or structure located upon said premises, housing a separate family or families or tenants therein and coming under the appropriate rate classification hereinafter provided. [Ord. 348 § 1, 1997; Ord. 286 § 7, 1989].

13.12.130 Cash for meters and supplies.

Any and all water meters and other supplies purchased by water consumers from the city of Dundee may be purchased at such prices as shall be determined by the council of said city, said purchase price to be payable in advance. [Ord. 286 § 8, 1989].

13.12.140 Well connections prohibited.

No cross-connections between any city water line and the individual owner’s well or well water system shall be permitted. No pipeline running from any city pipeline or city main shall run through any individual owner’s well water system. [Ord. 286 § 9, 1989].

13.12.150 Criteria for rural use.

Applicants for water use outside of the city limits must submit a written report by a licensed well testing laboratory which demonstrates that the individual owner’s well is providing less than adequate volume of water for normal household use, or that the individual owner’s well is providing water that is hazardous, unhealthy, or otherwise unsafe for human consumption, and that these conditions cannot be corrected by storage facilities, or filtration and repair. [Ord. 286 § 10, 1989].

13.12.160 Cost of supplying water to rural users.

The cost for engineering and/or construction, charged to the city of Dundee, solely to benefit a rural water line or rural water user shall be reimbursed to the city by the rural water line association or rural water applicant prior to the connection of additional line users. [Ord. 286 § 11, 1989].

13.12.170 Water rates.

A. Urban Residential Rates. Water rates known as residential service rates shall apply to all residential (as defined by the retail rate study) and noncommercial users of water where the place of use is within the corporate limits of the city of Dundee. The cost of water from the municipal water system furnished each month to users under the residential service rates, aforesaid, within the corporate limits of the city of Dundee, and the amount which users shall pay to the city of Dundee shall be found in the most recent version of a cost of service study and retail rate study adopted by the city council by resolution.

B. Repealed by Ord. 348.

C. The following rates, known as the commercial service rates, shall apply to all customers within the corporate limits of the city of Dundee, deriving income, either directly or indirectly, from any business where water is supplied from the municipal water system of the city of Dundee, including multiple-family residences, motels, apartment buildings in which each apartment or family is not metered separately, restaurants, taverns, barbershops, service stations, stores, office buildings, processing plants, and/or commercial customers. The cost of water to such commercial service customers within the corporate limits of the city of Dundee, and the amount which users shall pay to the city of Dundee, shall be found in the most recent version of a cost of service study and retail rate study adopted by the city council by resolution.

D. Rural Commercial Rates. The following rates, known as rural commercial rates, shall apply to all consumers without the corporate limits of the city of Dundee, deriving income, either directly or indirectly, from any business where water is supplied from the municipal water system of the city of Dundee, including multiple-family residences, auto courts, apartment courts, apartment houses in which each apartment or family is not metered separately, restaurants, taverns, barbershops, service stations, stores, dryers, and/or commercial consumers. The cost of water to such rural commercial consumers without the corporate limits of the city of Dundee, and the amount which such users shall pay to the city of Dundee, shall be as follows:

For the first 500 cubic feet, or any part thereof, in any month, the sum of $15.00, being the minimum charge.

For the next 3,500 cubic feet, or any part thereof, in any month, the sum of $0.50 for each 100 cubic feet, or any part thereof.

For the next 1,000 cubic feet, or any part thereof, in any month, the sum of $1.00 for each 100 cubic feet, or any part thereof.

For all over 5,000 cubic feet, or any part thereof, in any month, the sum of $1.75 for each 100 cubic feet, or any part thereof.

E. Joint Users.

1. Defined. Users of water where the water is being metered through one meter and is being used by more than one consumer, within or without the corporate limits of the city of Dundee, in individual living units including, but not limited to, multiple-family residences, auto courts, apartment courts, apartment houses, and multiple users in a water district or group served by the one meter.

2. Rates. Where the measurement of water used is by a master meter serving more than one user with a single billing to the joint users, the allowable volumes and rates, set forth hereinabove, are to be multiplied by the number of individual users served by the master meter, in order to obtain the total billing for the joint users.

F. No person, firm, corporation, or association desiring the use of water from the municipal water system of the city of Dundee shall be entitled to more than two water connections within any 12-month period.

The maximum number of water connections per tax lot shall be one. [Ord. 348 § 1, 1997; Ord. 286 § 12, 1989].

13.12.180 Discontinuance of water service.

The city of Dundee expressly reserves the right to discontinue furnishing water to any and all water users and consumers either inside or outside the corporate limits of said city, or to limit or restrict their use of such water in the event of water shortage or other public emergency or catastrophe.

Water will be provided to rural users as long as there is sufficient quantities available for areas within the city limits. If an emergency occurs, the water service to rural users will be the first to be terminated. The existence of an emergency due to insufficient quantities of water for use within the city limits will be determined by the city council, police, fire, and/or the public works departments. [Ord. 286 § 13, 1989].

13.12.190 Collection of water user fees.

All water consumption and equipment maintenance charges as specified by resolution shall be payable to the city administrator/recorder at City Hall in the city of Dundee on the first of each and every month. If any water customer shall fail to pay the prescribed charges on or before the thirtieth day of any month, the customer’s account shall be deemed delinquent; and if the said delinquent charges are not paid by the twentieth day of the following month, the water service shall be turned off by public works department personnel from said premises, and shall remain off until such charges have been paid in full, including a turn-on charge as set by resolution. A check processing charge for each check that has been returned to the city due to insufficient funds in the customer’s bank account shall be assessed by the city administrator/recorder. The amount of the check processing charge shall be set by resolution. There is nothing contained in this chapter which shall be construed to limit or restrict the right of the city of Dundee to turn off the water from any premises on account of unpaid charges, and to keep the same turned off until said delinquent charges and all other charges incurred have been paid in full to the city. [Ord. 348 § 1, 1997; Ord. 326 § 1, 1995; Ord. 286 § 14, 1989].

13.12.200 Rules and regulations.

A. Unlawful Turn-ons. It shall be unlawful for any person, firm, or corporation, as owner, tenant, or otherwise, to cause the water to be turned on to supply any premises whatsoever if the same shall have been turned off by the superintendent of public works of the city of Dundee or by the superintendent’s duly authorized agent.

B. Unlawful Connections. It shall be unlawful for any person, either as owner, tenant, or otherwise, to make any taps or connections to the municipal water system of the city of Dundee except under the authorization and direction of the superintendent of public works of said city, and after first having made application therefor as in this article provided.

C. Unlawful Usage. No person, firm, or corporation shall attach any pump, device, or mechanical appliance to the municipal water system of the city of Dundee which may lessen pressure in the main line or form air pockets tending to cause a vacuum or in any way hamper the normal flow of water therein.

D. Unlawful Extensions. It shall be unlawful for any person, firm, or corporation, either as owner, tenant, or otherwise, to make any extension of water service to any other premises from a water system by means of pipe, hose, or otherwise, so as to extend and supply the use of water to any premises other than where applied for and authorized by the city of Dundee.

E. Pollution. It shall be unlawful for any person to trespass upon, remove any timber from, construct any road or highway upon or across, blast any rock or other materials upon, pasture any horse, cow, sheep or any other animals or fowl upon, deposit any putrid, deleterious or offensive substance upon, or hunt upon or deposit any dead animal or bird upon any lands belonging to the city of Dundee and situate about any spring or watercourse or watershed from which, or by means of which, water is furnished to the municipal water system of the city of Dundee.

F. Injury to Water Line. It shall be unlawful for any person in any way to intentionally or maliciously damage, injure, or obstruct any water line of any part of the municipal water system of the city of Dundee.

G. Access to Private Property. The superintendent of public works of the city of Dundee or the superintendent’s agent, or any employee of the water department of said city, may enter upon any private property within said city where water from the municipal water system is piped or used, at any time, for the purpose of reading meters or inspecting or maintaining the meter or other installations or for any other reason necessary in the discharge of their duties.

H. Notice of Discontinuance of Use of Water. Any water user subject to the provisions of this article who intends to move from the premises at which water or water service is being furnished hereunder, or who for any reason shall desire such service discontinued, shall give to the recorder of the city of Dundee a written notice specifying the date of such removal or discontinuance, not less than two days prior thereto. In the event that such notice is not given as herein provided, such water user shall be charged with all water furnished such premises until such notice is given.

I. Changes in Rules and Regulations. All rules and regulations herein contained or hereafter adopted by the council of the city of Dundee with reference to the use of water from the water system of the city of Dundee, or the time or manner of payment therefor, or appertaining in any way to the water supply of said city or its use, shall apply with equal force, so far as applicable, to all persons, firms, or corporations using such water, whether said persons, firms, or corporations shall reside inside or outside the corporate limits of the city of Dundee, except as such rules and regulations shall conflict with the terms of this article.

J. Rural Water Use. All water used in an area outside of the city limits shall be for human consumption only, including washing, bathing, drinking, and food preparation, and shall not be used for irrigation or other exterior uses. [Ord. 348 § 1, 1997; Ord. 286 § 15, 1989].

13.12.210 Penalties.

Any person, firm, or corporation or any agent or employee of any person, firm, or corporation violating the provisions of this article shall, upon conviction thereof in the municipal court in the city of Dundee, be punished by payment of a fine in an amount up to the maximum allowed under the Charter of the city of Dundee, Oregon, or as set by resolution. [Ord. 348 § 1, 1997; Ord. 286 § 5, 1989].

Article III. Cross-Connections

13.12.220 Potential contamination of city water supply.

It is unlawful for the owner of property or the user of city water to introduce or permit the introduction of pollution or contamination of any kind, from any system or device, into the city water supply system. Whenever cross-connection to other water supply into the city system is found or whenever any other condition, system or device, including sprinkler systems, is found which presents the possibility of contamination or pollution, the water supply to such premises and/or other premises from which cross-connection is made shall be discontinued immediately until the cross-connection is eliminated or the condition remedied. The control or elimination of cross-connections shall be in accordance with any manuals of standard practice pertaining to cross-connection control approved by the Dundee public works department (department), and any requirements set forth by the U.S. Environmental Protection Agency as authorized by the Safe Drinking Water Act (PL 93-523) and subsequent applicable legislation. The department shall require a backflow prevention device of pattern, design, and size which it approves as reasonably adequate to prevent contamination, if the department determines that a complete physical separation from the city water system is not practicable or necessary, or that adequate inspection for cross-connection cannot readily be made, or that such backflow prevention device is necessary because of existing or possible backflow resulting from special conditions, use or equipment. The department shall also regulate the location, installation, and testing of such device. Any corrective measure, disconnection or change on private property shall be at the sole expense of the person in control of such property. The cost of any change required in the city system outside the property or between the meter and the supply line or distribution system and any charges for cutoff or disconnection shall be added to the charges for water against the premises necessitating the expenditures. [Ord. 330 § 1, 1995].

13.12.230 Cross-connection inspection fee.

There shall be an inspection fee of $20.00 for each device or condition to be inspected by the Dundee public works department. [Ord. 330 § 2, 1995].

13.12.240 Penalty.

Any person, firm or corporation or any agent or employee of any person, firm or corporation violating the provisions of this article shall, upon conviction thereof in the municipal court in the city of Dundee, be punished by a fine of not less than the sum of $50.00 nor more than the maximum provided for in the Charter of the city of Dundee, Oregon. [Ord. 330 § 3, 1995].