Chapter 13.05
WATER SYSTEM
Sections:
13.05.020 Application for water.
13.05.030 Policy on extension of water lines to serve new developments.
13.05.040 Control of water service.
13.05.060 Construction standards.
13.05.080 Liability for use of water.
13.05.090 Termination of water service.
13.05.100 Water conservation regulations.
13.05.110 Examination of premises permitted.
13.05.130 Illegality of polluting.
Prior legislation: Ords. 20 and 27.
13.05.010 Name of system.
The waterworks system constructed by the City to supply its inhabitants with water shall be designated and known as the Francis water system. The system shall be the property of the City of Francis and shall be under the exclusive and sole control of the City Council of the City, who may, from time to time, direct the construction of such reservoirs, water tanks, water mains, service pipes, meters and fire hydrants and plugs as the necessity of the inhabitants of the City may require. (Ord. 2016-05 § 1, 2016; Ord. 56 § 1, 1991.)
13.05.020 Application for water.
Whenever any person desires to obtain a supply of water from the Francis water system he shall make application therefor in writing to the City Council and sign an agreement that he will be governed by such rules and regulations, not inconsistent with this chapter, as may be prescribed by the City Council for the control and management of the water supply. (Ord. 2016-05 § 1, 2016; Ord. 56 § 2, 1991.)
13.05.030 Policy on extension of water lines to serve new developments.
1. When it is desired to develop properties that are not connected to an existing water main and it becomes necessary to extend a water main to serve said property, the developer shall construct, at its own expense, the necessary extension from such main to the property involved.
2. All construction, both inside and outside the subdivision or development, must be accomplished according to the plans and specifications approved by the City. (Ord. 2016-05 § 1, 2016; Ord. 56 § 4, 1991.)
13.05.040 Control of water service.
No person shall use a valve or switch to turn on City water service to any property. Only authorized City employees may turn on such water service. (Ord. 2016-05 § 1, 2016; Ord. 56 § 7, 1991.)
13.05.050 Duty of owners.
The owner of any property served by City water shall be responsible and liable for the maintenance and repair of the water line beginning at the location of the City water meter and continuing to any and all water delivery points on the property. (Ord. 2016-05 § 1, 2016; Ord. 56 § 8, 1991.)
13.05.060 Construction standards.
All water works shall be constructed and installed pursuant to the building code and other ordinances and standards in effect in the City. (Ord. 2016-05 § 1, 2016; Ord. 56 § 10, 1991.)
13.05.070 Water leaks.
1. A water customer of the City who has any reason to believe that the customer’s water lines, pipes or fixtures are leaking shall contact the City offices on the business day immediately following the date on which the customer learns the reason to believe there is a leak. Reason to believe there is a leak may include, but shall not necessarily be limited to, receiving an unusually high water bill or noticing the discharge of water on or at the water service address.
2. City staff shall inspect the property for water leaks as soon as possible after contact by the customer as described in subsection (1) of this section.
3. If City staff determines there is a water leak on the customer’s premises, staff shall immediately deliver written notice of the leak to the customer, along with a written explanation of the requirements and policies contained in this chapter (as applicable). The customer shall sign a document acknowledging receipt of the written notice of leak and the applicable requirements and policies.
4. The customer shall repair the leak, at the customer’s expense, within 10 calendar days from the delivery of such notice. City staff shall verify that the necessary repairs have been made.
5. If a customer has received a water bill that the customer believes is unusually high as a result of a leak, the customer may contact the City offices to seek relief pursuant to this chapter. If, and only if, the customer has fully complied with subsections (1) through (4) of this section, the customer may receive relief according to the following policy: City staff shall calculate the average monthly water usage for the property address (regardless of ownership) during the prior three years, or the life of the service to the property address, whichever is shorter. For the period during which the leak existed, the customer shall be billed at the calculated monthly average usage rate, plus the charge of $1.47 per 1,000 gallons of water used in excess of the calculated monthly average usage rate. The policy contained in this subsection shall apply only to water bills for months during which Francis City actively reads water meters, but shall not apply to the bill for the first month for which the meter is read after the winter season (winter leaks). Policies and decisions for these winter leaks shall be made separately by the City Council. (Ord. 2016-05 § 1, 2016; Ord. 56 § 11, 1991.)
13.05.080 Liability for use of water.
The City shall not be required to furnish water for use in any house, tenement, apartment, building, place, premises or lot, whether such water is for the use of the owner or tenant, unless the application for water shall be made in writing, signed by such owner or his duly authorized agent, in which application such owner or agent shall agree that such owner or agent will pay for all water furnished such house, tenement, apartment, building, place, premises or lot, according to the provisions of this chapter and the rules and regulations prescribed for the regulation and control of the water system. In case an application for furnishing water shall be made by a tenant of the owner of any such house, tenement, apartment, building, place, premises or lot, the City may require as a condition of granting the same that such application contain an agreement signed by the owner thereof, or his duly authorized agent, to the effect that in consideration of the granting of such application said owner will pay for all water furnished such tenant or any other occupant of the place named in the application, in the event such tenant or occupant shall fail to pay for the same according to the provisions of this chapter. (Ord. 2016-05 § 1, 2016; Ord. 56 § 13, 1991.)
13.05.090 Termination of water service.
1. Termination without Notice. The City of Francis may terminate water service without notice when, in its judgment, a clear emergency or serious health or safety hazard exists for so long as such conditions exist, or where there is unauthorized use of or diversion of water service or tampering with pipes, meters, or other equipment owned by the City of Francis. The City of Francis shall immediately attempt to notify the customer of the termination and the reasons therefor.
2. Notice of Proposed Termination.
a. Any utility account more than 30 days past due will subject the party responsible for the account to service termination.
b. At least 10 calendar days prior to a pro- posed termination of water service, the City of Francis shall give written notice of disconnection for nonpayment to the account holder by U.S. mail. Upon the expiration of the 10-day period, the City shall deliver a final 24-hour shutoff notice to the property address. If payment is not made by the conclusion of the 24-hour period, the City may terminate the water service.
3. Termination. Upon expiration of the notice of proposed termination, the City of Francis may terminate water service. Except in cases of service diversion or for safety consideration, water and/or sewer service shall not be disconnected between Thursday at 4:00 p.m. and Monday at 9:00 a.m. or on legal holidays recognized by the state of Utah. Service may be disconnected only between the hours of 9:00 a.m. and 4:00 p.m. (Ord. 2016-05 § 1, 2016; Ord. 56 § 14, 1991.)
13.05.100 Water conservation regulations.
1. The following conservation regulations are imposed by the City for persons using municipal water for outside watering:
a. No watering to be done between 10:00 a.m. and 6:00 p.m.
b. No watering on Sunday.
c. Watering may be done only on alternate dates as follows:
i. Even-numbered houses on Monday, Wednesday, Friday.
ii. Odd-numbered houses on Tuesday, Thursday, Saturday.
2. Violations will be punished as follows: For a first offense, a warning notice will be issued. For a second offense within a one-year period, a fine of $25.00 will be imposed. For each subsequent offense within the same one-year period, a fine of $250.00 will be imposed.
3. Exceptions to the regulations of this chapter are as follows:
a. New lawns or sod that require frequent irrigation for establishment purposes within 90 days of planting;
b. Short cycles required for testing, inspecting and maintaining irrigation systems; and
c. Other exceptions in individual cases as determined by the Mayor and ratified by vote of the City Council.
4. Additional regulations may be determined, implemented, and announced by the Mayor at any time, effective immediately, but shall be ratified, amended, or lifted by the City Council at its next regularly scheduled meeting thereafter. Any restrictions imposed shall remain in place until lifted by action of the City Council. (Ord. 2023-08 § 1 (Exh. A), 2023; Ord. 2019-06 § 1, 2019; Ord. 2016-05 § 1, 2016; Ord. 56 § 15, 1991.)
13.05.110 Examination of premises permitted.
All authorized persons connected with the City shall have the right to enter upon any premises furnished with water from the water system of this City, to examine the apparatus, the amount of water used, the manner of use, and to make all necessary shut-offs for vacancy, delinquency or violation of any of the provisions of this chapter or of any rules or regulations enacted or adopted by the City Council. (Ord. 2016-05 § 1, 2016; Ord. 56 § 16, 1991.)
13.05.120 Rates and fees.
Rates and fees to be charged to water users shall be in such amounts as the City Council may, from time to time, fix by resolution or ordinance. (Ord. 2016-05 § 1, 2016; Ord. 56 § 17, 1991.)
13.05.130 Illegality of polluting.
No person shall create or allow to be created any condition (1) that would allow water to siphon, drain or be forced back into the water system, or (2) that would pollute the water system. (Ord. 2016-05 § 1, 2016; Ord. 56 § 22, 1991.)