Ordinance No. 93-34 ORDINANCE No. G3�
AN ORDINANCE OF THE CITY OF TIGARD, OREGON, AUTHORIZING TSE
IMPOSITION OF WATER SYSTEM RULES AND REGULATIONS, AND DECLARING AN
EMERGENCY.
WHEREAS, the cities of Tigard, Ring City and Durham withdrew from ,
the Tigard District effective July 1, 1993; and
WHEREAS, Tigard, King City, Durham and the Tigard Water District
agree that it is in their best interest if they were to be an
integrated part of a water supply network receiving water service
from Tigard's city water department; and
WHEREAS, in agreeing to receive water from Tigard, Durham, King
City and Tigard Water District have conditioned that action on
Tigard initially following the Tigard Water District Rules and
Regulations dated November 1992; and
WHEREAS, the City Council has decided to adopt, by ordinance,
rules and regulations consistent with those adopted by the Tigard
Water District; now, therefore:
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1 IL Chapter 12.10, Water System Rules and
Regulations, is added to the Tigard Municipal
Code and attached hereto as, Exhibit "A".
Section 2, The City Council finds that the adoption of
water -system rules and regulations is
imperative to the safe operation of the City's
water supply system; therefore, an emergency
is declared and this ordinance shall take
effect upon its passage.
Section 3. The City Council determines that any fees,
rates or charges imposed by this ordinance is
not a tax subject to the property tax
limitations of Article XI, Section 11 (b) of
the Oregon Constitution.
,m
-7-777
,p
By Unaftimous vote of all Council members present after
being read by number and title only, this a%W day of 4-a"heA,
1993.
Catherine Wheatley, City %scorder
APPROVED: This Qi th day of , 1993.
1,1L
rald wards, ]Mayor
Approved as to form:
%wy Attorwey
ti�la�tQ3
Date
i
i
i
i
C
EXHIBIT "A"
Chapter 12.10
WATER SYSTEM RULES AND
REGULATIONS
12.10.010 A22licAtiOD for Service.
No service will be supplied or water furnished to any premises
except upon written application on printed forms of the City.
12.10.020 Use of Water.
Water will be furnished for ordinary domestic, business and
community purposes, and fire protection, only. No water will be
furnished for the direct operation of steam boilers, machinery or
golf courses, except on an interruptible basis, and the City will
assume no responsibility therein.
12.10.030 Service Size.
A standard service connection, with 5/8" x 3/4" meter, will be
installed from the main to the street curb or property line. The
amount of the meter installation charge shall accompany all
applications. Larger meters may be required for some services.
The size of meter shall be determined by the City management. The
City shall prescribe the number of buildings to be served from one
meter and such determination shall be final. No customer shall
`
furnish water to any family, business, institution, or premises
other than those occupied by that customer; provided, however, that
the City Council may permit a customer to supply others through
customer's service connection, in which event such customer will be
charged an additional monthly minimum for each additional customer
so supplied. Such permit may be revoked and separate service
connections required at any time.
12.10.040 ,genarate Connection.
A separate service connection will be required for each dwelling,
apartment or motel, place of business, and institution. All
outlying buildings and premises used as a part of such dwelling
place or business or institution may be served from such
connection, as well as all buildings on such premises operated
under the one management. City shall prescribe the number of
buildings to be served from one meter and such determination shall
be final. No customer shall furnish water to any family, business,
institution or premises other than those occupied by that customer;
provided, however that the City Council may permit a customer to
supply others through customers' service connection in which event
such customer will be charged an additional monthly minimum for
each additional customer supplied. Such permit may be revoked and
separate service connections required at any time.
12.10.050 Furnishing Water.
The City shall not be obligated to furnish and install, at its
expense, system facilities for all property within the City. The
City shall, so far as reasonable and practicable and within its
financial means, however, provide adequate source of supply,
necessary primary feeder mains, storage facilities and other
improvements necessary to make water service generally available to
all areas within the City. Extensions to furnish water to areas
not now served by the City will be made at the expense of those
persons requesting service. Such extensions will be made by the
City or by those expressly authorized by the City. All
applications for line extensions to provide new service are subject
to review by the City Council. Consideration will be given to the j
City's ability to serve and to eligibility for annexation to the
City of the property to be served. The City may contract with
other governmental entities for the provision of water. The terms
of service will be defined by agreement and consistent with the
terms of this Chapter.
12.10.060 Private Service PiR2s.
All pipes from the meter to the premises must be installed in
accordance with good engineering practice, and maintained in good
order-by the customer. pipes must be laid 24 inches deep provided
with a stop and waste valve for drainage, and all standpipes or
fittings of any kind must be so located, anchored and installed as
not to interfere with or endanger the meter. All pipes must be
well protected from freezing.
12.10.070 Credit for Nater Leaks. {
When a water leak occurs on the customer's side of the water
meter resulting in an unusually high water bill, customers can
apply for a credit to their water bill equal to 1/2 the cost of the
leak (above the normal bill) , up to a maximum of $150. Customers
must apply for credit in writing, to the City, and forward proof of
the leak being fixed in a timely manner.
s
i
12.10.080 Jurisdiction.
All service connections, meters, mains and parts of the system
through which water is served, except the pipes beyond the meter,
are the property of the City, and under its exclusive control. No
person other than the Public Works Director or authorized person
shall install any service, make any extension, turn the water on or
off, or otherwise tamper or interfere with the water or the system.
l
12.10.090 Waste - Plumbing - Inspection.
Water will not be furnished to premises where it is allowed to
run or waste to prevent freezing, or through defective plumbing, or
otherwise. Plumbing should be of high test and first class, and in
conformance with the appropriate codes of the jurisdiction issuing
the building permit, and where pressures may become high, on 5/8"
x 3/4" and 1" meters, a pressure regulator may be installed at the
meter by the City to control varying pressures. (On meters 1 1/2"
and larger, customer is responsible for installing a pressure
regulator. ) The City will not be responsible for damage from
varying pressures. The Public Works Director or authorized person
may inspect pipes and plumbing at proper times.
12.10.100 Physical Connections with other Water Supplies or
,Systems.
Neither cross connections nor physical connections of any kind
shall be made to any other water supply, whether private or public,
without the written consent and approval of the City Council, and
the written approval of the Oregon State Board of Health.
(Included in this category are all pipe lines, appurtenances and
facilities of the City system and all pipes, appurtenances, pumps,
tanks, storage reservoirs, facilities, equipment, appliances, etc. ,
of other systems whether located within or on public or private
property, or the premises of a water customer. )
The Cityls Public Works Director or other authorized
representative shall have the right, at all reasonable times, to
r enter upon private property to inspect the premises of customers
for physical connections with other water supplies. However,
before entering upon private property, the Public Works Director or
other authorized representative shall obtain the consent of an
occupant or a warrant of the municipal court authorizing entry for
the purpose of inspection. Any such connection shall be removed by
�. the customer within ten days after written notice to remove is
given by the City. If not removed within the time specified, the
City may remove or discontinue any connection which it may have for
servicing the property.
No search warrant shall be issued until an affidavit has been
filed with the municipal court, showing probable cause for the
inspection, by stating the purpose and extent of the proposed
inspection, citing this Chapter as the basis for the inspection,
whether it is an inspection instituted by complaint, or other
specific or general information concerning physical connections
with water supply systems violations.
No person shall interfere with or attempt to prevent the
Public Works Director or other authorized representative from
entering upon private premises and inspecting the property when an
emergency exists or the Public Works Director or authorized
( representative exhibits a warrant authorizing entry.
1 12.10.110 Cross Connection Control Program.
The purpose of this section is to protect the water supply of
the City from contamination or pollution from potential cross
connections; and to assure that approved backflow devices are
tested annually as follows:
(a) The installation or maintenance of any cross connection
which would endanger the water supply of the City is prohibited.
Any such cross connection now existing or hereafter installed is
hereby declared unlawful and shall be rectified as directed by the
City or its authorized representative(s).
(b) The control or elimination of cross connections shall be
in accordance with the regulations of Oregon State Health Division.
The policies, procedures, and criteria for determining appropriate
levels of protection shall be in accordance with the Accepted
Procedure and Practice in Cross Connection Control Manual, Amer.
Water Works Association, Pacific Northwest Section, current edition
(OR Admin. Rules, Ch. 333-61.070).
(c) It shall be the objective of the City to protect the
potable water system from contamination or pollution due to cross
connections. Water service to any premises shall be contingent
upon the customer providing cross connection control in a manner
approved by the City. Backflow devices required to be installed
shall be a model approved by the Oregon State Health Division.
(d) Authorized employees of the City with proper
identification shall have free access at reasonable hours of the
day to those parts of a premise or within buildings to which water
is supplied. Water service may be refused or terminated to any
premise for failure to allow necessaryinspections.
pectiona.
(e) These requirements must be strictly observed as a matter
of public health and to prevent any possible contamination of the
water system.
12.10.120 Payment - Delinquency,
All bills are due on the 12th day of the calendar month
following billing. The amount due must be paid to an authorized
agent of the City. Unpaid bills become delinquent after the 12th
of the month. When a delinquent bill is not paid, or a rule is
violated, the water will be shut off and service disconnected until
payment is received in full, and compliance with all rules is made.
Prior to termination of service, notice shall be given as provided
by ORS 91.255(3), if applicable.
12.10.130 Water Rates.
All rates, fees and charges shall be set by resolution of the
Tigard City Council.
12.10.140 Discontinuance of Service,
Discontinuance of service for 30 days or more will be made
upon written application, without charge, provided all bills are
qpaid.
WOW
va ►i Ce - Cha^"tea in Prete
The water may be shut off at any time for repairs or other
necessary work with or without notice. Conditions may
cause a
variation of the pressure The City will not be respons
caused by interruption of service or varying pressure.
any damage trurot water faucets should be kept
When service is interrupted,
closed to prevent backflow of hot water or steam.
Se3nILJ&.= .+.•e connection MAin�ena-nCe.
The City will maintain all
lthe customers.dard service
Eachncustomer is
good repair without expensehot water,
required to use reasonable care and diligence
f ee i 9 ct the water
meter and meter box from loss or damage
by
of which, such
traffic hazards, and other causes,
full amount of the resulting
customer shall pay to the City the
damage.
�� 0 �r�s i n tem s i ons
(a) Designed and Installed by the City.
All extensions of mains and laterals of the City,
the City, shall be paid for by the
1 and installed by supervision,
applicant, at cost plus 10$ for overhead and
and 8% for engineering ahThe a aepogthereof,
with theCity
together with such is%,
or such main extensions is made.
when application f
(b) Designed by others, Installed by the City.
When design or supervision of installation of
improvements is performed by licensed engineers, subject
the City, and installed by the City,
ee
to approval by inspections,
shall be paid of 10$ for administration,far engineering
water loss, sampling, etc. , such
review. The estimated cost thereof, together wiication
12%,
shall be deposited with the City when app
for such main extensions is made.
(c) Designed and Installed by others.
When design or supervision of installation and
improvements is performed by licensed engineers,
rformed and paid for by others, subject
installation is the City, a fee of 12% of construction
to approval by
costs shall be imposed for developme of pipe eSlocation,
size of such extensions, type
gate valves, fixtures, fire hydrants and other fittings
shall be under City specifications and subject to City
approval, and such mains shall be laid from the and of
the existing main to the far end of the property to be
served. No lines or laterals shall be laid until the
estimated cost thereof, as hereinabove set forth, shall
have been deposited with the City. All such extensions
of mains and laterals, and installation of fire hydrants
shall be the sole property of the City, without right of
immediate refund on the part of the person or persons
paying for such extension or on the part of any person or
persons whomsoever. No extension of main will be
permitted, accepted or served by the City unless such
line be at least a 6-inch diameter pipe. Short
extensions, such as cul-de-sacs, can be of small diameter
upon approval of the City.
When a person is required to pay the cost of
extending a water main adjacent to property other than
that person0s own so that water service for domestic use
is provided for such other property without further
extension of the water main, the City shall require the
owner of the other property, prior to providing water
service to that property, to refund to the person
required to pay the cost of extending the water main, a
pro rate portion of the cost of extension. The right to
require such refund shall not continue for more than 10
years after the date of installation of the extension of
the water main. The amount to be refunded shall be
determined by the City and such determination shall be
final.
Each construction contractor shall be approved by
the City's Public Works Director prior to installing pipe
lines, pumps, etc. Those installations made by private
contractors will be thoroughly inspected and approved by
the City to ensure compliance with plans and
specifications. Back-filling of trenches prior to City
approval is unauthorized.
If water main extension is necessary to serve an
existing single family dwelling and the main size
required by the City is larger than a 6" installation
across the front of their property, plus the cost of the
meter.
The developer or owner requesting the construction
project shall be liable for any added cost due to design
difficulties. Applicant(s) will agree to be bound by and
comply with the City's main extension policy and rules
and regulations and any subsequent revisions or
amendments to same which may be made from time to time.
12.10.180 Limitation on the Use of Water.
Limitation on the use of water as to hours, purpose, or manner
may be prescribed from time to time by resolution of the City
CCouncil.
12.10,190 Te=Mrary or Transient service.
Temporary or transient service for construction work will be
rendered upon deposit in advance of connection charge and one
month's estimated water bill, and payment on the first of each
month of all accrued charges. Upon discontinuance of service,
refund will be made for all connection materials usable by the City
at their depreciated value, less the cost of removal and all
charges due. No temporary service shall be installed for any
residence or building where permanent service connection may later
be installed.
12.10.200 Construction Water.
Rates, fees and charges for water used via a permanent meter
installation for construction purposes shall be set by resolution
of the City Council. The charges shall be billed at completion of
construction, but shall not exceed a period of 6 months, unless
authorized by the City.
12.10.210 Meter Out-of-Order - Test,
If a meter shall fail to measure accurately, the bill shall be
the average for the same periods in prior years. Tests will be
made periodically without charge to the customer. A customer may
demand a test upon payment of a chargg for such test. The rates,
fees and charges for this test shall be set by resolution of the
City Council.
12,10.220 Fire Hydrants.
Fire hydrants will be installed by the City upon receipt of
payment in advance of the estimated cost of the hydrant, fittings,
and installation, plus 10% for overhead.
12.10.230 Fire Hydrant - Temporary Use.
Any person who desires to use a fire hydrant for temporary
water supply must obtain permission of the City. The charge for
temporary use shall be set by resolution of the City Council.
Customer is responsible for repair and/or replacement of damaged
meter.
12.10.240 Illegal Use of Fire_Hydrant or Meter.
The penalty for connection to a fire hydrant or meter without
411
e
proper authority is a $100 fine.
12,3,0,,250. AmOndagMts - SyMcial Mules - Contracts.
The City may at any time amend, change or modify any rule,
rate or charge, or make any special rule, rate or contract, and all
water service is subject to such power.
�z
12.10.260 Grievances.
Any grievance as to service or complaints shall be made to the
Public Works Director, who shall attempt to resolve the problem.
' Any unresolved grievances as to service or complaints shall be
reported and will be considered by the Intergovernmental Water
Board at the Board's next meeting.
4
12.10.770. The Public Works Director and Authorized
Re+oresentatives.
The Public Works Director or an authorized representative are
not authorized to make any changes in these rules, rates, or
regulations.
12.10.280 Power to Grant Variances.
(a) Except when prohibited by subsection b of this section,
upon application, the Intergovernmental Water Board may
grant variances from the water system rules and
regulations enacted by the City of Tigard when it finds
that: a) strict application of the rules and regulations
create undue economic hardship for the applicant with no
significant benefit to the water system; b) the variance
'T y, requested has no material adverse effect upon the water
system and it is consistent with established policies of
3 the Tigard City Council.
(b) The Intergovernmental Water Board may not grant variances
relating to annexation of property, fire protection
4 requirements, cross-connection requirements, fees, rates
and charges.
YY
77
�el
Yom`.
d,
1'