Ord 1866COUNCIL BILL No. 7 8 8
ORDINANCE No. 1866
AN ORDINANCE ESTABLISHING REGULATIONS AND RATES FOR THE CITY WATER SYSTEM;
AND REPEALING ORDINANCE No. 1378, 1595, 1596, 1622 AND ]804.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions.
(1} Customer. The owner of property which is served by the City water
system. A person, corporation, association or agency which rents or leases
premises shall be considered an agent of the property owner.
(2) Mains. Distribution pipe lines that are part of the City water
system.
(3) Premises. The integral property or area, including improvements
thereon, to which water service is or will be provided,
(4) Service Connection. The pipe, valves and other equipment by means
of which the City conducts water from its mains to and through the meter to the
property line, but not including piping from the property line to the premises
served.
Service Provided
Section 2. Regular Service.
(1) The City shall furnish and install a service connection of such size
and location as a customer requests, provided that the request is reasonable.
The service will be installed from the main to a point between the curb line and
the property line of the premises if the main is in the street, or to a point in
a City right-of-way or easement.
(2) The customer shall, at his own risk and expense, furnish, install
and keep in good and safe condition equipment that may be required for receiving,
controlling, applying and utilizing water. The City shall not be responsible
for loss or damage caused by the improper installation of the equipment, or the
negligence, want of proper care or wrongful act of the customer in installing,
maintaining, using, operating or interfering with the equipment.
(3) The City shall not be responsible for damage to property caused by
a spigot, faucet, valve or other equipment that is open when the water is turned
on at the meter.
(4} A customer making any material change in the size, character or
extent of the equipment or operation utilizing water service, or whose change
in operations results in a large increase in the use of water, shall immediately
give the City written notice of the nature of the change and, if requested,
amend his application.
(5} The service connection, whether located on public or private pro-
perty, is the property of the City; and the City reserves the right to repair,
maintain and replace it.
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ORDINANCE No. 1866
Section 3. Temporary Service.
(1) Charges for water furnished through a temporary service con-
nection shall be the established rates for other customers.
(2} The applicant for temporary service will be required:
(a) To pay to the City, in advance at the option of the City,
the estimated cost of installing and removing the facili-
ties to furnish the service.
(b) To deposit an amount sufficient to cover bills for water
during the entire period temporary service may be used, or
to establish credit approved by the City.
(c) To deposit with the City an amount equal to the value of
equipment loaned by the City. This deposit shall be refund-
able, less cost of any necessary repairs as provided in Sub-
section (3).
(3} The customer shall use all possib]e care to prevent damage to the
meter or other equipment loaned by the City which are involved in furnishing
the temporary service from the time they are installed until they are removed,
or until 48 hours notice in writing has been given to the City that the con-
tractor or other person is through with the meter and other equipment. If the
meter or other equipment is damaged, the cost of making repairs shall be paid
by the customer.
(4} Temporary service connections shall be disconnected and terminated
within six months after installation unless an extension of time is granted in
writing by the City.
Meters
Section 4. Meters.
(1} Meters shall be furnished and owned by the City.
(2) No rent or other charges shall be paid by the City for a meter or
other equipment located on the customer's premises.
(3) Meters may be sealed by the City at the time of installation, and
no seal shall be altered or broken except by one of its authorized agents.
(4} If a change in size of a meter and service is required, the in-
stallation shall be accomplished on the basis of a new connection.
Section 5. Meter Error. A customer may request the City to test the
meter serving his premises. The customer shall deposit an amount to cover the
reasonable cost of the test. This deposit will be returned if the meter is
found to register more than 2 per cent fast. The deposit required of a customer
requesting a meter test shall be as follows:
5/8-inch - 3/4-inch $ 20.00
1-inch $ 30.00
1-1/2-inch $ 65.00
2-inch $100.00
3-inch $130.00
4-inch $150.00
6-inch $]65.00
8-inch $175.00
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ORDINANCE No. 1866
(ii) Requiring meter sizes above 1-1/~-inches:
Size of Meter
2"
3"
4"
6~~
Above 6"
System Capacity Fee
$ 1, 200.00
$ 2,625.00
$ 4,500.00
$ 9,750.00
Council approval necessary
(iii) The demand increase by a larger size meter will require
an amount equal to the new size fee less the old size fee.
(d) No system capacity fee shall be charged to the services used
for fire protection only, if the regular system capacity fee has
been charged to serve the prer~ises.
(e) A11 existing structures constructed prior to h9ay 1977, and
remaining on the same site to which the City was unable to
provide a connection shall be charged greater of one-half the
rate outlined above, or $375.00.
(2) A11 payments received by the City under the provisions of this
section shall be deposited in, and credited to, the Capital Improvement Water
Fund.
Section 9. UJater Rates. The rates and charges for the supply and use
of water from the water system and mains of the City of Woodburn shall be as
follows:
(a) Metered Services:
Service Size Quantity Allowed Minimum Monthly Charge
[Inches] [Cubic Feet] [Dollars]
5/8" - 3/4" 400 $ 4.50
1" 800 $ 6.80
1-1/2" 1,800 $ 12.20
2" 3,200 $ 19.95
3" 7,500 $ 41.55
4" 15,000 $ 83.10
6" 32,000 $ 171.70
8" 57,000 $ 299.10
These minimum charges are based on the size of service line, from main to meter,
and entitle the user to the quantity shown per month.
(b) UJater Consumed above minimum quantity allowed per month -
v0.52 per 100 cubic feet.
(c-i) Single Residential: As per subsections "a" and "b" above.
(c-ii) Multiple Residential: $4.50 per unit per month in estab-
lishing the minimum for each service. Quantity allowed shall be the
number of units times 400 cubic feet, or the above established
quantity allowed for size of service, whichever is greater. Unless
water service to premises is disconnected entirely, the minimum charge
will apply to all units whether occupied or not. However, an adjustment
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ORDI~JAi~CE ~~0. 1866
Fees, Charges and Rates
Section 6. Applications.
(A} All water service connections, installations and alterations in
the City shall be initiated by written application of ,each water customer. Each
application shall be filed with the City and shall be accompanied by full payment
of a water service installation charge and a water systems capacity fee in the
amounts required by this ordinance.
(B } The Counci 1 may establish by r~~oti on a policy of .connecting to
an undersized main and recovery of associated costs. Yearly increases may be
added to the established costs.
Section 7. 6~ater Service Installation Charges.
follows:
(1) The water service instal 1 ati on charges i n the City shal 1 be as
(a} For installation of a 3/4-inch service line and a 5/8-inch
water meter: $150.00.
(b} For installation of a 1-inch service line, including meter:
$300.00.
(c} For installation of 1-1/2-inch and larger service lines and
meters, the charge shall be actual cost of labor and materials
furnished by the City, plus 15 per cent of said cost for admin-
istrative and overhead expense. Each application shall deposit
the amount estimated by the water division with the application,
and the final amount may be adjusted after installation is
completed.
(2} Ali payments received by the City under the provisions of this
section shall be deposited in, and credited to, the water fund of the Gity.
Section 8. dater System Capacity Fee.
(1 } The water system capacity fee of the City shal 1 be as fol 1 ows
(a} For single-family dwellings, trailers, mobile or modular
dwelling units: $750.00.
(b) For motels, hotels, apartments and other multiple-family
dwellings: $750.00 for the first unit and $375.00 for each unit
in excess of one.
(c} All other structures and facilities shall be charged according
to options below:
(i} Reauiring meter sizes up to 1-1/2-inches:
$750.00 + $30.00 for each 1,000 square feet of structure
area, or portion thereof, in excess of c,000 square feet.
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ORDINANCE N0. 1865
may be made for the unoccupied units of a nearly constructed multiple
structure fora period of 6 months from the date of first occupancy.
The owner is responsible for providing written information and
facilitating City's inspection.
(c-iii) Commercial and Industrial: Rate shall be based on the
sire of the service line and quantity used as established in Section "a"
and "b" of this ordinance.
(c-iv) Flat Rate: Residential accounts existing at the date of
this ordinance shall be $6.85 per month.
(d) Fire Sprinkler Connections: $3.00 per diameter-inch of
service line per month.
(e) Bulk Rate: For first 500 cubic feet, the minimum charge
shall be $20.00, including one time turn-on and turn-off of meter and
valve device each day at one location. These charges will be doubled
for the services necessitated on the week-ends, holidays and after
4:00 p.m. on regular work day. Public Works Department may make
estimates for small flows. Summer bulk rate sale shall be limited by
the Public Works Department, allowed generally in the early mornings.
Public right-of-way construction and other public use may be exempted
from the bulk rate charge.
(f ) Minimum Charge at Start/Closing. The bills shall be pro-
rated according to the usage, however, the minimum charge shall accrue
to the end of the billing period for the services turned off during
a billing cycle for non-payment.
(g) Outside .City Limits. A factor of 1.5 shall be applied to
all rates and charges for services outside the City.
(h} The monies collected pursuant to the provisions of this
section shall be used to pay the costs of operation, maintenance
and expansion of the water supply and distribution systems, and
related facilities and services, including administrative and
engineering costs.
Section 10. Leak Adjustments. In case of leakage, an adjustment for
one billing or a two month period be made if the leak has been promptly repaired
and the request for leak adjustment has been made within 6 months. Such
adjustments shall not exceed 100% of the estimated excess flow attributable
to the 1 eak. A charge of $10.00 uri 11 be made for 1 eak adjustment service after
the current flat rate services have been metered.
Section 11. Rate and Fee Increases: All rates and charges in Section
9, (a}, (b}, (c}, and (d} shall be automatically increased by approximately
5.5% every 12 months, effective with billings for service beginning during the
month of December 1984. It is also intended that there be an additional 3/ rate
increase in a fiscal year whenever the inflation rate exceeds 9% based on
Portland C.P.I.. The provisions of this ordinance may be reviewed annually
by the City Council.
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ORDINANCE Pd0.18G5
Discontinuance of Service
Section 12. Unsafe Apparatus.
(1} The City may refuse to furnish water and may discontinue service
to a premises where an apparatus, appliance or other equipment using water is
dangerous, unsafe or is being used in violation of laws, ordinances or legal
regulations.
(2} The City does not assume liability for inspecting apparatus on the
customer's property. The City does reserve the right of inspection, however, if
there is reason to believe that unsafe or illegal apparatus is in use.
Section 13. Service Detrimental to Others . The City may ref use to
furnish water and may discontinue service to premises where excessive demand
by one customer will result in inadequate service to others.
Section 14. Fraud and Abuse. The City shall have the right to refuse
or to discontinue water service to a premises to protect itself against fraud
or abuse.
Section 15. Non-compliance. The City may discontinue water service
to a customer for non-compliance with a City regulation if the customer fails
to comply with the regulation within five days after receiving written notice
of the City's intention to discontinue service. If such non-compliance affects
matters of health or safety ar other conditions that warrant such action, the
City may discontinue water service immediately.
Section 16. Water Waste. Where wasteful or negligent water use
seriously affects the general service, the City may discontinue the service
if such conditions are not corrected within five days after the customer is
given written notice. Knowingly allowing water to leak and not repairing it
will constitute water waste.
Section 17. Abandoned and Nonrevenue-producing Services. When a
service connection to a premises has been abandoned or not used fora period
of one year or longer, the City may remove it or the City may start charging
the minimum fee. New service shall be placed only upon the customer's applying
and paying fora new service connection and water system capacity fee.
Section 18. Materials Used. Sizes of meters, pipes and other materials
to be used in water connection and installation shall be determined by the City.
General
Section 19. Pools and Tanks. When an abnormally large quantity
of water i s desired for f i 11 i ng a swimming pool , 1 og pond or for other purposes,
arrangements shall be made with the City prior to taking such water. Permission
to take water in unusual quantities shall be given only if it can be safely
delivered and if other customers will not be inconvenienced.
Section 20. Damage to City Property. The customer shall be liable
for damage to a meter or other equipment or property owned by the City which
is caused by an act of the customer, his tenants or agents. The damage shall
include the breaking or destruction of seals by the customer an or near a
meter and damage to a meter that may result from hot water or steam from a
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ORDINANCE N0.136~
boiler or heater on the customer's premises. The City shall be reimbursed by
the customer for such damage promptly on presentation of a bill.
Section 21. Water Source Development. No water source development
will be made within the City limits without prior approval from the City
Engineer.
Section 22. Cross Connections.
(A) Health regulations. Unprotected cross connections between the
public water supply and any unapproved source of water are prohibited.
(B} Definition. Across connection is defined as an interconnection
between the utility water supply and any unapproved water supply, or a connection
between a water distribution pipe and any fixture installed in such a manner
that unsafe water, waste or sewage may be drawn into the utility water system.
Cross connections may be divided into two classifications as follows:
(1) Connections in which pure and impure water are separated
by gate valves, check valves, or both.
(2) Connections which permit pollution to enter when the
pressure in the utility water system falls below atmospheric
pressure, thus creating a vacuum. This process of water
pollution is known as back siphonage.
(C} Use of private water and City water. Customers desiring to use
both a utility water supply and a supply of tivater other than that furnished
by the utility may obtain water at meter rates upon the fallowing conditions
and not otherwise. Under no circumstances shall a physical connection, direct
or indirect, exist or be made in any manner, even temporarily, between the
utility water supply and that of a private water supply. Where such a
connection is found to exist, or where provision is made to connect the two
systems by means of a spacer or otherwise, the utility water supply shall be
shut off from the premises without notice. In case of such discontinuance,
service shall not be re-established until satisfactory proof is furnished
that the cross connection has been completely and permanently severed.
Section 23. Access to Premises.
(A} The City or its duly authorized agents shall at all reasonable
times have the right to enter or leave the customer's premises for any cross
connection inspection with the service of water to the premises.
(B) The requirements of State Health Department and other appropriate
agency will provide guidelines to the City to its enforcement responsibility.
Water Conservation
Section 24. Declaration of Emergency. When the Mayor is informed
that the City water supply has become, or is about to become, depleted to such
an extent as to cause a serious water shortage in the City, the N~ayor shall
have the authority to declare an emergency water shortage and to diirect that
the provisions of Section 25 through 29 of this ordinance be enforced.
Section 25. Notice of Declaration of Emergency. When a declaration
of emergency is pronounced by the Mayor, the City Administrator or his designate
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ORDINANCE NO. 1856
shall make the declaration public in a manner reasonably calculated to provide
actual notice to the public. This provision shall not be construed as requiring
personal delivery or service of notice or notice by mail.
Section 26. Prohibited Uses of Water. When a declaration of emergency
is pronounced and notice has been given in accordance with Section 24 and 25
above, the use and withdrawal of water by any person for the following purposes
shall be prohibited:
(1} Sprinkling, watering or irrigating shrubbery, trees, lawns, grass,
ground covers, plants, vines, gardens, vegetables, flowers or any other
vegetation.
(2) Washing automobiles, trucks, trailers, trailer-houses, railroad
cars or any other type of mobile equipment.
(3} Washing sidewalks, driveways, filling station aprons, porches
and other surfaces.
(4) Washing the outside of dwellings; washing the inside or outside
of office buildings.
(5) Washing and cleaning any business or industrial equipment and
machinery.
(5) Operating any ornamental fountain or other structure making a
similar use of water.
(7) Swimming and wading pools not employing a filter and recirculating
system.
(8} Permitting the escape of water through defective plumbing.
Section 27. Exemptions. At the discretion of the Mayor, one or
more of the above uses may be exempted from the provisions of this section.
The exemption sha11 be made public as provided in Section 25 of this ordinance.
Section 28. Exception to Maintain Sanitation. The City Administrator
shall have the authority to permit a reasonable use of water necessary to
maintain adequate health and sanitation standards.
Section 29. Enforcement. Department of Public Works will be
responsible for the interpretation and administration of this ordinance.
Section 30. Infractions. A violation of [these] provisions constitutes
a Class i City Infraction and shall be dealt with in the manner provided by
Ordinance Cdo. 1610 [Civil Infraction Procedure. An assessment for a forfeiture
of a Class I infraction shall not exceed X500.00.
Section 3l. Seyerability. The sections and subsections of this
ordinance are severable. Tne invalidity of any section or subsection shall not
affect the validity of the remaining sections and subsections.
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ORDINANCE N0. 18E6
Section 32. Repeal. Ordinance No. 1378, enacted October 8, 1973;
Ordinance No. 1595, enacted 1~~~arch 21, 1978; Ordinance No. 1595, enacted
R~1arch 21, 1978; Ordinance No. 1622, enacted June 27, 1978; and Ordinance No. 1804,
enacted January 10, 1983, are repealed.
Approved as to Form: ~~/J~~, `Y~2`~ "~~'
City Attorney Date
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Fi 1 ed i n the Office of the Recorder
,/> ~ _ -~
APPROVED
b~~ LL IAM J . C I''d~ ; ~`~ayor
April 23, 1984
Apri 1 24, 1984
April 24, 1984
April 24, 1984
~~ ..
ATTEST,: ~ -.z ~ ,~
DA EY 0./ UR ' , Recorder
City of Woodburn, Oregon
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ORDINANCE N0. 1866