Chapter 13.04 WATER

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purposes of this chapter, have meanings indicated in this section:

"Building permit" means a permit issued by the city pursuant to the Uniform Building Code as adopted and amended by reference.

"Commencement of actual use" means the connection to the city water utility and the use of such connection for the uses applied for in the application for a utility connection permit.

"Domestic water" means all water that meets the qualifications of state health standards and is supplied through the pipes of the city water system.

"Equivalent residential unit (EQR)" means a number related to the volume of water used by a single-family residential unit. The volume of water used by all other users is considered to bear the same ratio to the water use of an average single-family residence as the EQR value assigned to such uses in the table of EQR’s as set forth in Section 13.04.110 bears to the EQR value assigned to the single-family residence in such table.

"Good cause shown" means conditions or circumstances beyond the applicant’s control, including, but not limited to, financial hardships, delays in delivery of building materials, labor disputes, etc.

"Manager" means the city manager of the city of Winslow, or such other person as the city manager may appoint.

"Plant investment fee" means a fee charged to a customer of the water utility, which represents an investment and capital contribution to the city’s present and future physical water utility system, and includes the cost of items such as administration, collection, treatment and storage, but does not include extensions of the city’s water system to provide service, nor payment for acquisition, adjudication, or changes in water rights necessary to provide water service or to protect the city’s water rights.

"Superintendent" means the divisional head of the water division who shall employ such personnel and procure such equipment, materials and supplies as shall be necessary for the operation of the water division, and be responsible for the operation of the water division and for strict enforcement of this code.

"Unit of service" means each separate occupancy, house, store or building so situated upon any lot within or without the city that might be or is now served by the city’s water system, or in the opinion of the superintendent of the water division, could be served separately from any other occupancy, residence, house, store or building upon the same lot, irrespective of the number of houses, stores or buildings upon such lot and even though two or more of such occupancies, residences, houses, stores or buildings are held or owned by the same person. The determination of the superintendent of the water division as to whether any house, occupancy, residence, store or building comes within the meaning of this subsection so as to require a separate service connection, curb stop box and curb cock, shall be final, except that any service installation requiring the installation or more than forty (40) feet of pipe shall be classified as main extension with charges as set forth elsewhere in this chapter.

"Utility connection permit" means permission by the city to tap onto the city water utility pursuant to the terms of this chapter and any other additional contractual terms which may be imposed, and subject to the capacity of the city’s water distribution system.

"Water consuming addition" means the addition of any of the use classifications as set forth in Section 13.04.130 to an existing water tap or the expansion of service to any use for which the existing tap was not originally issued.

"Water division" means a utility of the city having the object function of supplying all water needs within and without the city. (Ord. 1129 (part), 2010; prior code § 24-1)

13.04.020 Facilities Which Must Connect to City Water Utility System

All buildings, structures, facilities, parks or the like within or without the incorporated limits of the city and which use water shall be connected to the city water utility system, when in the opinion of the city engineer, such system is sufficiently constructed to provide adequate water service to such buildings, structures, facilities, parks or the like. Any person who desires to connect to the city water utility system and intends to add a water consuming addition to his connection shall file an application for water utility service as provided in Section 13.04.030 or 13.04.050 and shall pay a connection charge in accordance with Section 13.04.110 and deposits and other fees in accordance with Sections 13.04.070 and 13.04.130. (Prior code § 24-2)

13.04.030 Application Procedure for In-Town Water Utility Service by Property Owner, Nonproperty Owner

A. Application for water utility service where both the water tap and all points of consumption are within the corporate limits of the city shall be made to the water division on such forms as the water division may prescribe. Except as provided in subsection C of this section, application must be made by the owner of the property to be served or his duly authorized agent, designating the property, stating the purpose for which water may be required, stating the number of EQR units associated with such purpose and providing the information required in Section 13.04.130. The applicant shall attach a copy of a valid building permit for the structure for which utility service is applied, and shall pay the plant investment fee and tap fee at the time of application.

B. In the event a building permit is not required for the property to which water service is sought, application for utility connection permit shall be made pursuant to this chapter no more than sixty (60) days prior to the commencement of actual use. Such sixty (60) day period may be extended for an additional sixty (60) day period upon written request made to the water division prior to the expiration of such period and upon good cause shown.

C. Any person not owning the property which he occupies may apply to the water division for utility service to such property. The application shall state the location of the property, the purpose for which water service is required, and the interest of the applicant in the property. The water division superintendent may in the exercise of his discretion, accept the application for utility service as provided in this subsection and may include such conditions as he sees fit with regard to the account, including the furnishing of a deposit. (Prior code § 24-3)

13.04.040 Construction of Service Line–Customer Shut-Off Valve and Back Flow Prevention Device

Upon filing of such application and fees as may be required, the water division will make the necessary connections and furnish a water line from the water main to the curb line and install inside the curb line a curb cock, water meter and meter box, the cost of which shall be included in the service installation charge as described in Section 13.04.130(E) in this chapter. The consumer shall install on the property side of the meter a curb cock or valve which will permit shutting off the meter without opening the meter box. A check or backflow valve on customer’s side to be maintained by the customer may also be required at the superintendent’s discretion. (Prior code § 24-4)

13.04.050 Application Procedure–Water Service Outside City Limits

Where either the tap or any point of water consumption is outside the corporate limits of the city, an extension of water utility service shall be made pursuant to agreement with the city. The city shall not be obligated to extend water utility service outside the corporate limits of the city, and may grant water utility service only upon a determination that no conflict exists between the best interests of the city and the prospective water use. The city may impose such contract and bond requirements as it deems necessary to safeguard the best interests of the city. (Prior code § 24-5)

13.04.060 Procedure for Obtaining Connection Permit–Setting Time Limits for Construction–Transfer of Permit

A. Upon receipt of a complete application for inside city limits service, or upon receipt of a completion for extraterritorial water service made pursuant to agreement with the city, the water division shall issue a utility connection permit which shall set forth all those requirements specified in Section 13.04.030(A). The water division shall keep a duplicate or record of all utility connections issued.

B. Any permit issued pursuant to this section shall expire upon failure to make the authorized utility connection automatically prior to the expiration of the building permit for the structure or structures proposed to be serviced, or prior to the expiration of the sixty (60) day period provided for in Section 13.04.030(B). A utility connection permit shall not be transferable to property other than that to which the permit is issued, but may be transferred from the owner of the property to a subsequent owner of the same property. In the event of the expiration of a utility connection permit, the owner may re-apply as provided in this chapter, for a new permit for water utility service to the same property, and shall receive a credit toward the applicable plant investment fee and tap fee, in the amount paid with the previous application. In no event shall any refund be given upon expiration of the utility connection permit. (Prior code § 24-6)

13.04.070 Deposits–Nonpayment of Accounts

The city council shall, from time to time, adopt water deposit rates for commercial and nonresidential units and shall include such fees in a separate fee schedule ordinance. (Ord. 792; Ord. 793 § 1 (part), 1997; prior code § 24-7)

(Manual, Amended, 04/27/1999)

13.04.080 Service Discontinued for Nonpayment–Reconnection Fee–Payment of All Past Due Amounts

The city council shall, from time to time, adopt nonpayment and reconnection fees and include such fees in a separate fee schedule ordinance. (Ord. 792; Ord. 734 (part), 1997; Ord. 731 § 1 (part), 1997: prior code § 24-8)

(Manual, Amended, 03/02/2000; Manual, Amended, 04/27/1999)

13.04.090 Water Rates

The city council shall, from time to time, adopt water rates and include the same in the separate fee schedule ordinance. (Ord. 1037, 2007: Ord. 792; Ord. 786; Ord. 731 § 1 (part), 1997; Ord. 727 §§ 1, 2, 1997; prior code § 24-4)

(Manual, Amended, 04/27/1999; Manual, Amended, 12/29/1998)

13.04.100 Variance in Procedures, Permit Moratoriums and Construction Phasing

The city council may enter into phasing agreements, prepayment agreements, or other agreements which may vary the application, payment, permit issuance, or other procedure set forth in this chapter when the city will be served by such agreements. Upon a determination that the city water system, or legal or physical water supply, has reached capacity or is reasonably expected to reach capacity based on existing commitments and projected demand, the city council may declare a moratorium on the issuance of any further utility connection permits, or may establish a utility permit issuance schedule, or may establish a connection phasing schedule for the extension of service to those persons to whom utility connection permits have already been issued. In the event the city council establishes a connection phasing schedule for extension to those persons to whom permits have already been issued, the period for which the utility connection permits is valid shall not include the period of the connection phasing schedule. (Prior code § 24-10)

13.04.110 Computation and Collection of Plant Investment Fees–Table of Equivalent Residential Units (EQR)

The city council shall, from time to time, adopt a table of equivalent residential units (EQR) and include such units in a separate fee schedule ordinance. (Ord. 792; Ord. 607 § 1, Exh. A, 1990: Ord. 597 § 1, 1989; Ord. 590 § 1, 1988; prior code § 24-11)

(Manual, Amended, 04/27/1999)

13.04.120 Inspection of Completed Facility and Adjustment of Fees Required Prior to Final Approval to Occupy Facility

The city council shall, from time to time, adopt rates, fees and include such fees in a separate fee schedule ordinance. (Ord. 792; prior code § 24-12)

(Manual, Amended, 04/27/1999)

13.04.130 Tap Fees for Construction of Service Line–Sizing of Line and Meters–Location of Meters

A. Unless the water division determines otherwise upon a clear and convincing showing by the applicant that adequate water service to a premises requires a smaller or larger tap, minimum inside diameter sizing for service connections and water meter sizing shall be computed in conjunction with the American Water Works Association Manual M-22 "Sizing Water Service Lines and Meters," latest edition, by use of the fixture unit method. The applicant shall provide the following information with the application for utility service (this information may be developed in conjunction with city specifications and studies, if the information is unavailable to the applicant):

1. The minimum daily service pressure in the area where the water use will be located;

2. The demand load in gallons per minute by totaling the fixture units and adding any continuous supply demands in gallons per minute for lawn sprinklers, air conditioners, etc.;

3. The difference in elevation between the highest fixture and the water main, and the developed length of pipe from the water main to the highest fixture;

4. The estimated size of the water service connection and type and size of water meter required.

B. The standard domestic service installed by the city will be a one (1) inch tap on the main line, a one (1) inch service line to the property line, a one-inch by three-quarter-inch meter, and required boxes.

C. All service lines, curb stops, and meter installations will be installed within the public right-of-way to provide service to the applicant’s property line. In the event of extraordinary circumstances that prevent the installation of the service lines and meter within the public right-of-way, a utility easement must be provided assuring non-restricted access to the water service line for inspection, meter reading and repairs.

D. All service line connections to the main line of the water utility will be performed by the city.

The City Council shall, from time to time, adopt tap fees for service line construction and include such fees in a separate fee schedule ordinance. (Ord. 792; prior code § 24-13)

(Manual, Amended, 04/27/1999)

13.04.140 Property Owner Responsible for Installation and Maintenance of Supply Line from Meter

The water user shall be responsible for the full cost of running and connecting water service piping from the facility issued the water connection permit to the water meter installed. Materials, labor, and design of all facilities shall be to the city standards, and a building permit shall be secured for this work. (Prior code § 24-14)

13.04.150 Extension of Mains–Cost–City Ownership of All Main Extensions

A. No water main shall be enlarged or extended at the cost or expense of the city unless expressly approved by the city council. All construction, and enlargement of mains shall be made by applicants as provided herein. Application for such extensions shall be made in writing and shall require the written consent and approval of the city manager. Such application shall include a map or plan of the proposed right-of-way for said enlargement or extension prepared and signed by a surveyor or engineer registered in Arizona. All such enlargements or extensions shall be constructed by the applicant as the city may specify and in accordance with city specification and oversizing requirements, but at the sole cost and expense of the applicant unless otherwise determined by the city council. The city may also require the installation of pumping stations, storage tanks or other special facilities as may be necessary to provide adequate water service before any work is commenced. The applicant shall furnish all necessary easements and such security as the city may require to assure full performance hereunder including but not limited to deeds of trust, bonds, letters or credit or cash deposits.

B. For any extension or enlargement of water main and for any special facilities oversized or designed to serve other future customers other than the party requesting such extension, enlargement, or facilities, the city manager may develop such regulations as deemed appropriate, in order for the original party to recover a pro rata share of his costs as other water customers come on line. The city shall be under no obligation to ensure that such recovery is received by the original party, however.

C. Every new extension, enlargement or special facility, together with all easements, rights-of-way, or other interests in land necessary for the use, operation, and replacement thereof, shall be and become the sole and exclusive property of the city, and all persons paying for the same shall upon request of the city manager execute and deliver any and all necessary and proper deeds of conveyance, assignments or other documents which the city may require to perfect such ownership in the city. Any such deed of conveyance shall be based upon as-built surveys prepared by a surveyor or engineer registered in Arizona. (Ord. 1129 (part), 2010; Ord. 664 § 1, 1994; prior code § 24-15)

13.04.160 Utility Connection Permit Required for Construction of Additional Service Fixtures–Additional Fees

A. An additional tap shall not be subject to a water consuming addition without application and a utility connection permit issued by the city. The utility connection permit may be subject to conditions necessary to promote the interests of the city in its water supply system, including a requirement that a larger or smaller tap be installed.

B. Any water consuming addition shall be subject to payment of a supplemental plant investment fee pursuant to Section 13.04.110 for the number EQR units associated with such water consuming addition. If larger tap is required, tap fees and all labor, materials, or other expenses shall be assessed as for a new tap. (Prior code § 24-16)

13.04.170 Single Taps Serving More Than One Building or Premises

A. In all cases where service pipes have been constructed from a single tap to different houses, buildings or premises, and where a separate curb stop accessible to the city has been placed on the pipe leading to each house, building or premises, so that water service can easily be turned on and shut off from the premises, or any part of them, the continued use of such extension will be permitted. This type of installation will not be permitted for new construction.

B. Any person owning adjoining premises on a single property may obtain a permit to make one water tap for all such premises. The water division may grant such a permit upon a showing by the applicant that the single tap will not impair water service, billing or administration. Whenever such a permit has been granted, a single connection may be made and a single service pipe may be laid therefor, but such service pipe must be provided with separate and distinct curb stops for each and every one of the premises serviced.

C. No connection with the water utility or use of water shall be made through any extension of the service pipe of any other premises except as provided in this chapter.

D. Nothing herein shall be construed to relieve any water utility applicant from paying any tap fee or plant investment fee attributable to the new or increased water service. (Prior code § 24-17)

13.04.180 Section Repealed

Section repealed per Ordinance No. 830.

(Manual, Amended, 11/02/2000)

13.04.190 Wasting Water–Notice to Repair Defective Plumbing Fixtures–Failure to Comply

A. If at any time the water division superintendent shall ascertain that the plumbing fixtures or appliances on any premises are so defective as to waste water, it shall be his duty to notify the user of the water or his agent to repair the same, and the same shall be repaired within forty-eight (48) hours from the time of such notice being served upon the water user or the agent.

B. Failure to comply with the order provided in this section shall be unlawful, and shall, upon notification to the customer, result in shutting off the water from the premises. (Prior code § 24-19)

13.04.200 Disconnections–Property Owner Responsible for Facility Maintenance and Meter Access

A. In case any owner of property on which water is used shall cease to use water, and desires to disconnect his premises, he shall not be permitted to remove the corporation stop, curb stop, curb box, meter and other appurtenances. The corporation stop, curb stop, curb box, meter and other appurtenances are the property of the city and shall be removed only upon order of the superintendent.

B. The owner of property serviced shall be responsible for the maintenance and repair of all facilities between the water meter and the premises. The owner is further responsible for ensuring that the service line, meter, curb stop and curb box do not become inaccessible by reason of landscaping, foliage, construction of improvements on the property, or other obstructions or conditions.

C. In event the meter is damaged, or concealed, or otherwise made inaccessible for reading, the superintendent shall direct that the water user be billed at the estimated rate for his water service until such time as the meter is again made accessible by the owner, or operable by the city. The owner shall have a period of thirty (30) days from the date of written notification by the city that the meter is concealed or inaccessible in which to correct such condition. The notification shall specify the concealment or inaccessibility and shall provide that such condition be repaired within thirty (30) days. If such condition is not repaired within the thirty (30) day period, the city shall charge a twenty-five (25) percent surcharge on the estimated rate as an administrative fee. The superintendent may extend the thirty (30) day period for good cause shown. (Prior code § 24-20)

13.04.210 Smaller Water Meter Allowed When

The city has the option of installing a smaller meter than may be present or paid for in the utility connection permit until such time as the use of water warrants the installation of a larger capacity meter. A larger meter will be installed at no cost to the customer, up to the size stated in the utility connection permit, when sufficient water use is generated or can be reasonably expected to occur. No refunds will be given for meter reductions. (Prior code § 24-21)

13.04.220 Injuring or Tampering With Meters or Boxes Unlawful

Meters are to be sealed or enclosed by the water division in such a manner as to prevent tampering with or injury to the mechanism thereof without breaking a seal, or enclosure. Any person who shall break, open or remove a seal or meter enclosure or wllfully injure or destroy a meter shall be guilty of a misdemeanor. It shall also be a misdemeanor to destroy or injure any meter box, its lid, or cover; to remove the meter box or its lid without permission of the water division, except for the purpose of inspecting meter readings; or to place refuse or debris in the meter box. (Prior code § 24-22)

(Manual, Amended, 03/02/2000)

13.04.230 Contaminating or Obstructing Water Courses or Drainage Channels

It is unlawful for any person to wilfully or negligently contaminate, pollute, befoul, corrupt, defile, fill up, or obstruct, or in any manner interfere with, any water course or water drainage channel or course within the city. (Prior code § 24-23)

13.04.250 Damaging or Destroying Property of the Water Division

It is unlawful for any person to destroy, deface, impair, injure or wantonly force open any gate or door, or in any way whatsoever destroy, injure or deface any part of any engine house, pump house, reservoir, standpipe, building or appurtenances, fences, trees, crops or fixtures appertaining to the water division. Any person violating this section shall be guilty of a misdemeanor. (Prior code § 24-25)

13.04.260 Opening or Closing Fire Hydrants or Stopcocks–Removing Valve or Shut-Off Covers

To open or close any meter stopcock or valve or any fire hydrant connected with the water utility system, or to lift or remove the covers from any valves or shutoffs, without permission from the water division, except in case of fire and then under direction of the officers of the fire department or as provided in Section 13.04.220 is unlawful. Any person so offending shall be guilty of a misdemeanor. (Prior code § 24-26)

13.04.270 City Not Liable for Damage

The city shall not be liable for any damage that may result from the shutting off or turning on of any supply pipe or main, fire hydrant, pump station, or valve for any purpose whatsoever, even should no notice have been given, nor for any damages caused by any break or leak on any water pipe within the public right-of-way, or within a pipeline easement. (Prior code § 24-27)

13.04.280 Revenue to Be Deposited–Account Designated

All water charges, fees, rents, tolls and other income of any kind howsoever derived or accruing to the water system, including any improvements, betterments or extensions thereto, thereafter constructed or acquired, shall be accounted for by a special accounting fund designated the water system revenue fund. (Prior code § 24-28)

13.04.290 Rules and Regulations by City Manager

The city manager may make such rules and regulations as deemed necessary for the safe, efficient and economical management of the city water utility system. (Ord. 1129 (part), 2010; prior code § 24-29)

13.04.300 Assent to Terms Presumed

Any person whose premises is or may be supplied with water in pursuance to this chapter shall be deemed and taken to assent to the terms and requirements of this chapter. (Prior code § 24-32)

13.04.310 Control of Irrigation Waters

A. The water manager, as designated by the city, shall control the operation of all head gates and the direction of all irrigation waters from the Clear Creek reservoir to the city on properties owned and/or easements provided to the city on private lands, satisfying first the priorities of the city for its needs to the city farm and its uses related to recreation resources.

B. It is unlawful for any person to tamper with the direction of waters. Any person violating this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined as provided in this chapter. (Ord. 594 § 1, 1988: prior code § 24-33)

13.04.320 Violations–Penalties

It is unlawful for any person to violate any of the provisions stated or adopted in this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a Class 2 misdemeanor, and such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment. (Ord. 658 § 1 Exh. A (part), 1994: prior code § 24-30)