Ord 1622COUNCIL BILL N0. 450
ORDINANCE N0. 1622
AN ORDINANCE ESTABLISHING REGULATIONS AND RATES FOR THE CITY WATER
SYSTEM; AND REPEALING ORDINANCES N0. 1378, 1595 AND 1596.
THE PEOPLE OF THE CITY OF WOODBURN DO ORDAIN:
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, but not including piping from the meter 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.
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Ordinance No. 1622
(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 sha~.l 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 property, is the property of the city; and the City reserves
the right to repair, maintain and replace it.
Section 3. Temporary Service.
(1} Charges for water furnished through a temporary service
connection shall be at the established rates for other customers.
(2} The applicant for temporary service will be required:
(a} To pay to the City, in advance, the estimated cost
of installing and removing the facilities 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.
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Ordinance no. 1622
(c} To deposit with the City an amount equal to the
value of equipment loaned by the City. This deposit shall be
refundable, less cost of any necessary repairs as provided
in Subsection (3}.
(3) The customer shall use all possible 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 contractor or other person is through
with the meter and other equipment. If the meter or other equipment
is~tdamaged, 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 shall be sealed by the City at the time of instal-
lation, 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 installation 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
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Ordinance No. 1622
fast. The deposit required of a customer requesting a meter test
shall be as follows:
5/8-inch - 3/4-inch $12.00 3-inch $ 50.00
1-inch 15.00 4-inch 60.00
1 1/2-inch 25.00 6-inch 90.00
2-inch 30.00 8-inch 120.00
Fees, Charges and Rates
Section 6. Applications. 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 Recorder and shall be accompanied by full
payment of a water service installation charge and a water connection
fee in the amounts required by this ordinance.
Section 7. Water Service Installation Charges.
(1) The water service installation charges in the City shall
be as follows:
(a) For installation of a 3/4-inch service line and
a 3/4-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 administrative and overhead expense. Each
applicant shall deposit the amount estimated by the Water
Department with the application, and the final amount shall
be adjusted after installation is completed.
(2} All payments received by the City under the provisions
of this section shall be deposited in, and credited to, the Water
Fund of the City.
Section 8. Water Connection Fees.
(1) The water connection fees of the City shall be as follows:
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Ordinance No. 1622
{a} For single-family dwellings, trailers, mobile or
modular dwelling units: $750.00.
(b) For motels, hotels, aprartments 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: $750.00, plus
$30.00 for each 1,000 square feet of structure area, or
portion thereof, in excess of 2,000 square feet.
(d) All existing structures constructed prior to May 1977
and remaining on the same site to which the City was unable to
provide a connection shall be charged at one-half the rate
outlined above, or $375.00, whichever is greater.
{2) All payments received by the City under the provisions
of this section shall be deposited in, and credited to, the capital
improvements - water fund.
Section 9. Maintenance. Service lines of suitable size
shall be furnished by the City upon prepayment of the water service
connection and installation charges. The City shall furnish all
labor and materials necessary for the connections, including tapping
of mains, installation of corporation stops, meters, meter boxes,
connections, and the pipe or tubing that may be necessary. Sues
of meters, pipes, and other materials to be used in water connections
and installations shall be determined by the City. Water service
connection, from the main to and through the meter, shall be maintained
by the City from the date of installation without further cost to
any specific water customer.
Section l0. Water Rates. Except as specified for flat
rate service in Section ll, the minimum charges to be paid for city
water service are as follows:
Page 5 -Council Bill No. 450
Ordinance No. 1622
Service Size Quantity Allowed Minimum Monthly Charge
(Inches) (Cubic Feet) (Dollars)
3/4 400 3.00
1 800 4.80
1 1/2 1,800 9.00
2 3,200 15.00
3 7,500 32.00
4 15,000 64.00
6 32,000 132.00
g 57,000 230.00
These minimum charges are based on the size of service line, from
main to meter, and entitle the customer to the quantity shown per
month. Additional water shall be sold at the established rate.
Section 11. Additional Rates.
(1} Flat rate residential accounts existing at the date of
this ordinance shall pay $4.35 per month. Hardship cases may apply
for and be granted a monthly charge of $3.00 when hardship is
established by submitting proof of $4,004.00 or less yearly income.
(2} Water consumed above minimum quantity allowed per month
shall cost $0.40 per 100 cubic feet.
(3) Multiple residential or commercial accounts shall pay
$3.00 per unit per month in establishing the minimum for each
service. Quantity allowed shall be the number of units times
400 cubic feet, or the above-established quantity allowed, whichever
is greater.
(4) A factor of 1.5 shall be applied to charges for all services
outside the City.
Section 12. Rate and Fee Increases. The rates and charges
established by this ordinance may be reviewed by the Council during
the month of December 1979. At that time, the Council shall revise
or amend the rates and charges if deemed necessary, considering
actual costs to the City and inflationary factors. Should the Council
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Ordinance No. 1622
decide not to revise or amend the rates and charges at that time,
then, effective on January 1, 1980, flat rate residential accounts
automatically shall be raised $1.00 per month and the minimum metered
accounts automatically shall be raised $0.50 per month. This section
shall not be construed to preclude review by the Council at any
other time.
Discontinuance of Service
Section 13. 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 14. Service Detrimental to Others. The City
may refuse to furnish water and may discontinue service to premises
where excessive demand by one customer will result in inadequate
service to others.
Section 15. 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 16. Noncompliance. The City may discontinue
water service to a customer for noncompliance 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
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Ordinance No. 1622
discontinue service. If such noncompliance affects matters of
health or safety or other conditions that warrant such action, the
City may discontinue water service in~nediately.
Section 17. 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.
Section 18. Temporary Discontinuance of Service.
Should a customer desire discontinuance of water service to a
premises for a period of not less than one month, notice in writing
shall be given to the water superintendent and payment shall be
made for unpaid charges, if any there be, at the office of the
City Recorder. Within 24 hours after such notice and payment,
the water shall be turned off and shall be turned on again upon
application. There will be a charge of $5.00 made for this service.
No discontinuance of water charges will be made for a period of
less than one month or without the notice prescribed in this section.
Section 19. Abandoned and Nonreyenue-producing Services.
When a service connection to a premises has been abandoned or not
used for a period of one year or longer, the City may remove it.
New service shall be placed only upon the customer's applying and
paying for a new service connection.
(=onara 1
Section 20. Pools and Tanks. When an abnormally large
quantity of water is desired for filling a swimming pool, log 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
Page 8 - Council Bill No. 450
n._~;~..~_._ wt. ~ rr1~'1
customers will not be inconvenienced.
Section 21. 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 on or near a meter and damage to a meter
that may result from hot water or steam from a 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 22. No water source development will be made
within the city limits without prior approval from the City Engineer.
Water Conservation
Section 23. 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 Mayor shall have the authority to declare
an emergency water shortage and to direct that the provisions of
Sections 24 through 28 of this ordinance be enforced.
Section 24. Notice of Declaration of Emergency.
When a declaration of emergency is pronounced by the Mayor, the
City Manager 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 25. Prohibited Uses of Water. When a declaration
of emergency is pronounced and notice has been given in accordance
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Ordinance No. 1622
with Sections 23 and 24 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, vegetable, flowers,
or any other vegetation.
(2) Washing automobiles, trucks, trailers, trailerhouses,
railroad cars, or anyother type or 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.
(6} 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 26. 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 shall be made public as provided in
Section 24 of this ordinance.
Section 27. Exception~to Maintain Sanitation.
The City Manager shall have the authority to permit a reasonable
use of water necessary to maintain adequate health and sanitation
standards.
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Ordinance No. 1622
Section 28. Infractions. A violation of the provisions
constitutes a Class I city infraction and shall be dealt with in
the manner provided by Ordinance No. 1610 (Civil Infranction
Procedure). ~n assessment for a forfeiture of a Class I infraction
shall not exceed $500.00.
Section 29. Severability. The sections and subsections
of this ordinance are severable, The invalidity of any section or
subsection shall not affect the validity of the remaining sections
and subsections.
Section 30. Repeal. Ordinance No. 1378, enacted
October 8, 1973; Ordinance No. 1595, enacted March 21, 1978;
and Ordinance No. 1596, enacted March 21, 1978, are repealed.
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APPRO '', ... L. ~., 'r.~c~.
VED ..,..,~ . ~ ~ ~~
STANL Mayor
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
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ATTEST~~~ ~ ~ ~ ,~
BA EY 0. URR , Recorder
City of Woodburn, Oregon
June 26, 1978
June 26, 1978
June 27, 1978
June 27, 1978
Page 11 -Council Bill No. 450
Ordinance No. 1622
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1622, one of which said copies posted in the
City Hall on the bulletin board adjacent to the entrance to
the Recorder's Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin board at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted
on the Community Center bulletin board at 491 N. Third St.,
in full view of the traveling public; that all of said places
are public places within the corporate limits of the City
of Woodburn and all of said copies were posted on the
28th day of June , 1978
~.
Barney 0. Bur is, Recorder
City of Woodburn, Oregon