Chapter 11.01Public Water System

Section:

11.01.010 General Provisions11.01.020 Water Conservation11.01.030 Prohibited Use of Water System11.01.040 Administration of Water Connections and Billing11.01.050 Cross-Connections11.01.060 Mains and Service Generally11.01.070 Service Connections11.01.080 Service in the Urban Growth Area11.01.090 Main Construction11.01.100 Rates and Charges11.01.110 Fire Protection Systems11.01.120 Violations and Enforcement

11.01.0 10: General Provisions : A. DefinitionsB. Comprehensive water system planC. Disturbance of waterworks appurtenances – Notice – LiabilityD. Access to service property for inspectionE. Authority to set rates, fees and charges and adopt rules

A. Definitions: For purposes of this chapter, the words or phrases defined in this section shall apply:

1. “Approved Assembly” means an assembly to counteract back pressure or prevent back siphonage. This assembly must appear on the list of approved assemblies issued by the Oregon State Health Division.

2. “Auxiliary supply” means any water source or system other than the public water system, that may be available in the building or on the service property.

3. “Backflow” means the flow in the direction opposite to the normal flow, or the introduction of any foreign liquids, gases, or substances into the water system of the City of Mosier.

4. “City” means the City of Mosier, Oregon, its elected and appointed officials, contract professionals, employees and agents acting in their official and authorized capacities.

5. “City water system” is the interconnected wells, reservoirs, pipes, mains, pump stations, monitoring gauges, valves, water gates and other appurtenances that are owned and operated by the City of Mosier for the collection, storage, treatment and transmission of water for human use and for fire suppression or irrigation purposes.

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6. “Council” means the city council of the City of Mosier.

7. “Cross Connection: means any physical arrangement where a public water system is connected, directly or indirectly, with any other water system or auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers, or any other device which contains, or may contain, contaminated water, sewage or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change over devices, or other temporary or permanent devices through which, or because of which, backflow may occur are considered to be cross connections.

8. “Double Check Valve Assembly” means an approved assembly consisting of two independently operating check valves, loaded to closed position by springs or weights and installed as a unit with, and between, two resilient seated shut off valves and having suitable connections for testing.

9. “Mains” means water lines designed or used to serve more than one service property.

10. “Person,” “customer,” “owner,” “occupant” and “agent,” wherever used in this title, include natural persons of either gender, associations, partnerships and corporations whether acting by themselves or by a servant, agent or employee. The singular number includes the plural, and the masculine pronoun includes the feminine.

11. “Pressure Vacuum Breaker Assembly” means an approved assembly consisting of a spring loaded check valve loaded to closed position, an independently operating air inlet valve loaded to open position and installed as a unit with and between two resilient seated shut off valves and with suitable connections for testing. It is designed to protect against back-siphonage only.

12. “Reduced Pressure Principle Assembly” shall mean an approved assembly contained two independently acting approved check valves together with a hydraulically-operated, mechanically independent pressure differential relief valve located between the check valve and at the same time below the first check valve. The assembly shall include property located test cocks and tightly closing shut off valves at the end of the assembly.

13. “Service area” means all land, properties and/or lots within the corporate limits of the City of Mosier, plus any additional land served by the city’s water supply and distribution system, plus any land where any part or equipment of the city’s water supply and distribution system is located.

14. “Service connection” means that portion of the city water system connecting the water supply system on a service property to the city water main. This includes the tap into the main, the water meter, the service line from the main to the meter and from the meter to the property line. Service connections include connections for fire protection.

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15. “Service property” means the real property, building and/or group of adjacent buildings under a single control with respect to use of water and responsibility for payment therefore. A single building or property connected to the city’s water system through more than one water meter may be a single service property so long as a single entity is responsible for payment of water bills.

16. “Standard specifications” means those standard specifications for public works construction as prepared by the Oregon Chapter of the American Public Works Association that have been adopted by the city.

17. “Standard or permanent mains” means mains conforming to the standard specifications of the city of Mosier with respect to materials and minimum diameter.

18. “Substandard or temporary mains” means water mains which do not conform to the minimum standards as defined in this chapter.

19. “Water Plan” means a comprehensive plan promulgated by the city engineer governing the design, construction and use of the city’s municipal water supply and distribution system.

20. “Water system operator” or “city engineer” means the person serving as, or hired to be, the operator of the city’s municipal water supply and distribution system, many of these functions shall be performed, or in the alternative may be performed by the city’s engineer.

B. Comprehensive water system plan: The city engineer shall prepare a comprehensive water plan for the city’s water supply and distribution system. This plan shall be periodically reviewed and updated based on need and as necessary to comply with applicable State regulations. A copy of the plan shall be available to the public at city hall and shall include:

1. Minimum main sizes allowable on all city streets;2. Minimum main sizes and the planned distribution system in the urban growth area;3. The location of all existing facilities;4. A Water Management and Conservation Program consistent with the requirements of the

Oregon Water Resources Department.5. A Capital Improvement Program (CIP) that forms the basis for System Development

Charges.6. Such other information as the council may require or that the city engineer deems

necessary or convenient to include.

C. Disturbance of waterworks appurtenances – Notice – Liability: Any person, contractor, or corporation performing construction work within the public right-of-way shall apply for and obtain from the city a Right-of-Way Permit and, if it is necessary to move any water mains, pipes or appurtenances, shall also give the city engineer or water system operator two weeks’ written notice prior to work. Any person, contractor or corporation who disturbs any part of the city’s water system shall be liable to the City for the cost of complete repair of any damage and/or the replacement of any damaged part of the water system and any consequential damages that result from the damage caused by the disturbance.

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D. Access to service property for inspection: Authorized employees of the city, properly identified, shall have access at reasonable hours of the day to all service property and parts thereof to which water is served from the city water system. If an authorized city employee is refused admittance to make an inspection, water service may be discontinued immediately.

E. Authority to set rates, fees and charges and adopt rules: The city council may adopt by resolution reasonable rates, fees and charges for use of public water and the public water system, including system development charges and penalties for violations of this chapter. The city council may also adopt by resolution rules and standards for the design and construction of various water system improvements and connections to the system, water charge billing and collection policies and any other rules that the council deems necessary or convenient for the implementation of the authority set forth in this chapter.

11.01.0 20 Water Conservation: A. Findings and PurposeB. Limitation on Water UseC. Water Restrictions – Powers of the CityD. Water Restrictions – SurchargeE. Enforcement

A. Findings and purpose: 1. The city’s water supply is subject to weather conditions, aquifer levels, water

contamination, interruption of supply and other emergencies and, therefore, usage reductions may be required to assure an adequate supply for essential needs; and

2. The unrestricted water use for non-essential purposes during water emergencies will endanger the adequacy of the water supply for essential needs; and

3. Compliance with water use restrictions will be encouraged by imposition of additional charges for water usage in excess of authorized usage during an emergency and for high volume usage; and

4. The city council recognizes the critical importance of an immediate response by the city in the event of any water supply emergency, and to provide this response, the city council may implement water shortage response measures or an emergency response plan, and

5. This chapter is necessary for the health, safety and welfare of the citizens of Mosier.

B. Limitation on water use. In the event of a shortage of water or the city council reasonably determines such a shortage or emergency to be imminent, the mayor is authorized to implement water shortage response measures in order to efficiently safeguard the safety and health of the general public or to provide for the public convenience. Under these water shortage response measures use of water from the city system for irrigation, cooling, sprinkling, washing of motor vehicles or outdoor surfaces, construction, or other uses may be forbidden, restricted, or regulated and such regulations may be made effective as to all customers or as to particular

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classes of customers. Rationing may be imposed during any shortage of water, either in lieu of or in addition to other measures hereby authorized.

C. Water restrictions – Powers of the city. The city shall conduct public education efforts regarding the benefits and necessity of water conservation by the public, and is authorized to promulgate such rules and regulations as may be necessary to implement water use restriction.

D. Water restrictions – Surcharge. It is unlawful for any person to violate water use and restrictions, and violation of these provisions shall be a civil infraction subject to enforcement under the city’s Civil Enforcement authority and procedures. In addition to other lawful remedies, the mayor or city engineer are authorized to impose a surcharge for a first violation of any prohibition or requirement of this chapter, after a documented warning notice, and each subsequent violation in which a customer’s water usage practices exceed water conservation restrictions as provided for in this chapter. This surcharge will be added to and become a part of the water bill for the customer in addition to any service rate amounts. Prior to the imposition of the first surcharge, a city representative shall deliver in person or post a notice at the service address advising of the customer’s water usage practices in excess of mandatory water shortage restrictions and advising that a surcharge may be imposed for any further violations. A copy of the violation notice shall also be mailed to the owner and/or occupant. Any appeal of such a surcharge must be received at city hall within five working days of delivery of notice of violation.

1. Surcharges for violations of water restrictions shall be $25 for first violation, $50 for a second violation, and $250 for a third or subsequent violation.

2. Surcharges for all customer classes will be reviewed periodically by the city based on actual or projected expenses of the water division necessary to maintain a water supply during an emergency.

E. Enforcement. 1. The mayor, city engineer or water system operator shall have the authority to enforce the

provisions of this chapter.

2. In addition to the surcharges provided, the city engineer may cause water service to be terminated for subsequent or continuing violation of water conservation restrictions

11.01.0 30 Prohibited Use of Water System :A. Unlawful Water UseB. Damaging or interfering with water system prohibitedC. Electrical groundingD. Sprinkling during fire prohibitedE. Unauthorized connection or turning off prohibited

A. Unlawful water use. It is unlawful for any person supplied with water from the city water system to use the water for any purpose other than those named in the application for service, or to use the water in violation of any provision of this chapter or in violation of any condition of a water service agreement or permit.

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B. Damaging or interfering with water system prohibited. 1. It is unlawful for any person to willfully disturb, break, deface, damage or interfere with

the proper operation of any portion of the city water system including, but not limited to, any fire hydrant, water meter, gate valve, water pipe, water main, pump station, holding tank or other waterworks appurtenances including buildings, grounds and improvements belonging to or part of the city’s water system.

2. It is unlawful for any person to open, close, turn or interfere with, or connect to any fire hydrant, valve, or pipe belonging to the city unless authorized by the city engineer or water system operator or his/her designee in writing. This section shall not apply to members of the fire department acting in their official capacity.

C. Electrical grounding. It is unlawful to connect or attach any wire conveying ground current or other electrical current to any water pipe, or water main attached to or forming a part of the city water system.

D. Sprinkling during fire prohibited. It is unlawful for any person to knowingly use water from the city water system for lawn or garden sprinkling or irrigating purposes on any service property when instructed to cease that use because the water is needed to fight a fire or when a conservation directive has been put into effect by directive of the city council.

E. Unauthorized connection or turning off prohibited. It is unlawful for any person to connect any pipe to the city mains or to turn water on or off at any service property without the consent of the city engineer or water system operator.

11.01.040 Administration of Water Connections and Billing:

A. Application for Service ConnectionB. Responsibility for Service Extensions and ConnectionsC. Responsibility for Bills Associated with Water ServiceD. City’s Remedies for Past-due Bills, Service Termination and Right to LienE. Water Service Connection and Payment of System Development ChargesF. City Access to Service Property

A. Application for Service Connection: Any property in the city’s service area is eligible for a water service connection. To apply, the owner of the service property, or someone with written authorization from the property owner, shall complete an application and submit it to city hall. The application shall be on a form provided by the city and include the information and statements described in Section 11.01.060(A).

B. Responsibility for Service Extensions and Connections: The city engineer or water system operator shall review all applications for water service and determine if the proposed service property is within the city’s service area, and if so what size of meter is needed to serve the property. The city engineer or water system operator shall coordinate with the property owner for the extension of the water system infrastructure to the service

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property. The following shall control the extension, connection and installation of water service:

1. If water mains of sufficient size or capacity are in the public right-of-way adjacent to the service property, the city shall allow the property owner to construct a service lateral and connection to the public water main according to the requirements, specifications and procedures set forth in the Water Plan or applicable city rule. The property owner shall provide engineered design drawings for all such connections to the city engineer, consistent with the city’s design standards for water system improvements. Work in the public right-of-way requires a Right-of-Way Permit from the City and any other public agency with jurisdiction.

2. If water mains of sufficient size and capacity are not within the public right-of-way adjacent to the service property, the property owner shall be responsible for extending water mains to the service property through easements dedicated to the city or within the public right-of-way and across the service property.

C. Responsibility for Bills Associated with Water Service:

1. Responsibility for fees, charges, penalties, etc.: At all times and under all circumstances, the owner of the service property shall be responsible for all water service charges, fees, rates, penalties and related amounts charged by the city in connection with the provision of water to the service property owned by the property owner. When applying to connect, establish or reestablish service to the City’s water system, all owners of real property shall provide written consent for the City to transfer all utility bills and claims for delinquent service charges from a tenant to the owner. A claim for delinquent service charges incurred by a tenant of the property other than the owner may be transferred to the owner of the property provided water or wastewater services, subject to ORS 91.255.  The city will send bills, notices and other communication to other addresses upon the written request of the property owner and will seek payment of bills from those parties. However, the property owner shall remain jointly and severally responsible for all bills associated with the city’s provision of water service to the owner’s property. The city shall be entitled to seek payment for past-due bills from the property owner and pursue all available remedies against the property owner for nonpayment of those bills.

2. Responsibility to maintain current mailing address: The owner of the service property shall provide, and be responsible for maintaining at all times, a current mailing address to which the city will send all bills, notices and other communications related to water service. The property owner may request in writing that the city send bills to a different address or addressee, e.g., a renter or tenant of the service property. Unless the property owner requests otherwise in writing, all bills, notices and other communications from the city related to the provision of water to the service property shall be sent to the

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property owner’s most recent address. Regardless of where the property owner directs the city to send all bills, notices and other communications related to water service, the property owner shall remain ultimately responsible to the city for payment of all bills, fees, charges, penalties, etc. associated with the provision of water to the service property.

3. When payment on water bills is due: All water service charges, fees, penalties and other bills shall be due and payable in full within 30 days of when the city sends a written bill. All bills that remain unpaid after 30 days of being sent shall accrue a late fee penalty in an amount established by city council.

4. No temporary shut-off or vacation service: Once a service property is connected to the city’s water system the city will bill, and the property owner is obligated to pay, the monthly service charge. The city will not disconnect or curtail service or billing for temporary periods, seasons or vacations. Service shall only be shut-off or terminated pursuant to Section D below, and then reinstated pursuant to Section D4.

D. City’s Remedies for Past-due Bills, Service Termination and Right to Lien: The city shall send all bills, notices and other communications related to water service of the service property to the property owner’s most recent address, plus any additional addresses specifically requested by the property owner.

1. Past-due and unpaid bills: All bills related to water service are due and payable in full 30 days after issuance of the bill by the city. The city shall be entitled to impose a late charge on all bills that remain unpaid 30 days after issuance in an amount established by the council until paid.

2. Right to lien: The city may record all unpaid bills that are 60 days or more past-due as a lien against title to the service property. Such liens for city water bills shall be senior to all other liens and encumbrances on the service property, unless otherwise provided by state law. The city shall provide written notice at least 14 days prior to recordation of such a lien to the current/most recent address and addressee provided by the property owner. The notice shall state the pay-off amount of the bill and a clear statement that if the past-due amount of the bill is not paid in full, the amount will be recorded as a lien against title to the service property.

3. Service termination: The city has the right to terminate or deny resumption of water service to a service property if there is a past-due bill that remains unpaid more than 60 days after the date the city issues the bill. After the city terminates water service to a property, the property shall not be assessed the normal monthly water service charge, but will be assessed a lower monthly administrative fee for maintaining the account. The City shall shut-off and lock the water meter as the means of terminating service. After water service has been terminated to a property for three consecutive years, the City may remove the water meter.

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4. Resumption of water service after past-due amounts are paid: In accordance with ORS 91.255, the city may refuse water service or the resumption of water service to any service property for which there is a past-due or unpaid bill or a history of non-payment or late payment of water bills for the property, by the owner or by the tenant. The city may allow resumption of sewer or water service or a new connection for any property so long as provision is made for the payment of all past-due bills, late fees and penalties and the payment of the following applicable water system reconnection fee.

If property has been off the system less than 1 year - $750. If property has been off the system for 1 to 2 years - $1,200. If property has been off the system for 2 to 3 years - $2,400. If property has been off the system more than 3 years - full sewer and

water SDC applicable at time of reconnection.

Additionally, the city may require the owner to deposit with the city a financial guarantee in a form and amount sufficient to cover the anticipated cost of six months of water bills. The city shall be entitled to draw upon the financial guarantee in the event of subsequent non-payment or late payment of water bills.

E. Water Service Connection and Payment of System Development Charges: The City has adopted authority pursuant to ORS chapter 223 to impose system development charges (“SDCs”) related to the city’s water system as provided in MMC chapter 3.02 (System Development Charges). The City Council shall adopt and periodically revise the SDC rate schedule by resolution. Water SDCs are due and payable at the time a new connection to the city’s water system is permitted or actually made. No payment of water SDCs is allowed prior to actual connection or issuance of building permits, after which the property owner shall be responsible for paying the monthly service charges associated with the service property. In the event that service to a property is subsequently terminated pursuant to Subsection D, water service may be resumed and the property reconnected to the water system in accordance with the requirements of Subsection D(4). Upon reconnection to the utility, the property owner shall begin incurring monthly service charges regardless of whether sewer or water services are actually used.

F. City Access to Service Property: Authorized employees of the City of Mosier, with proper identification, shall have access during reasonable hours to all parts of a service property and within any building to which water is supplied. However, if any property owner refuses access to a service property or to the interior of a structure at reasonable times and on reasonable notice for inspection, the city may install a reduced pressure principle assembly at that service property.

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11.01.050 Cross-Connections: A. PurposeB. Cross Connections RegulatedC. Backflow Prevention Assembly RequirementD. Installation RequirementsE. Access to Service propertyF. Annual Testing and RepairsG. Costs of ComplianceH. Termination of ServiceI. Nuisances declared – Abatement

A. Purpose: The purpose of these regulations is to protect the water supply of the City of Mosier from contamination or pollution due to any existing or potential cross connection.

B. Cross Connections Regulated: No cross connection shall be created, installed, used or maintained within the territory served by the City of Mosier except in accordance with these regulations.

C. Backflow Prevention Assembly Requirement: Approved backflow prevention assemblies shall be installed at the expense of the property owner, either at the service connection or within the service property, as determined by a certified water operator or cross connection inspector employed by the City of Mosier in each of the following circumstances:

1. If the nature and extent of any activity on the service property, or materials stored on the service property, could contaminate or pollute the drinking water supply in any way.

2. On the service property having any one or more cross connections as that defined in this chapter.

3. Internal cross connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross connections exist.

4. A repeated history of connection being established or reestablished.

5. Unduly restricted entry so that inspections for cross connections cannot be made with sufficient frequency or with sufficient notice to assure cross connections do not exist.

6. Materials of a toxic or hazardous nature being used such that, if back siphonage should occur, a health hazard could exist.

7. At any master meter supplying water to multi-dwelling units, manufactured dwelling parks or recreational vehicles.

8. Any mobile apparatus that uses the City of Mosier water system or water from any service property within the system.

9. All Unified Plumbing Codes must be maintained.

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10. All new construction shall submit their plans to the water department for review and determination of the necessity of any assembly.

11. On any service property where installation of an approved backflow prevention assembly is deemed to be necessary to accomplish the purpose of these regulations.

12. On any premise where an appropriate cross connection report form has not been filled out and returned to the City of Mosier office.

13. On any service property 30 feet above the water meter.

D. Installation Requirements: To ensure proper operation and accessibility of all backflow prevention assemblies, the following requirements shall apply to the installation of t these assemblies.

1. No part of the backflow prevention assembly shall be submerged in water or installed in a location subject to flooding. If installed in a vault or basement, adequate drainage shall be provided.

2. Assemblies must be installed at the point of delivery of the water supply, before any branch in the line, on private property located just inside of the property line. Alternate locations must be approved in writing by the City of Mosier prior to installation.

3. The Assembly must be protected from freezing and other severe weather conditions.

4. All backflow prevention assemblies to be installed shall be of a type and model pre-approved by the State of Oregon, Health Division, and the City of Mosier.

5. Only assemblies specifically approved by the Oregon Health Division for vertical installation may be installed vertically.

6. The assembly shall be readily accessible with adequate room for maintenance and testing. Assemblies two inches and smaller shall have at lease a 6 inch clearance on all sides of the assembly. All assemblies larger than 2 inches shall have a minimum clearance of 12 inches on the back side, 24 inches on test clock side, 12 inches below the assembly and 36 inches above the assembly.

7. If written permission is granted to install the backflow assembly inside of the building, the assembly shall be readily accessible during regular working hours.

8. If any assembly with written permission is installed inside of a service property and is 4 feet or larger and is installed 4 inches above the floor, it must be equipped with a rigidly and permanently installed scaffolding acceptable to the City of Mosier. This installation must also meet the requirements set out by U.S. Occupational Safety and Health Administration and the State of Oregon Occupational Safety and Health Codes.

9. Reduced Pressure Principle Assemblies may be installed in a vault only if relief valve discharge can be drained to daylight through a “boresight” type drain. The drain shall be

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of adequate capacity to carry the full rated flow of the assembly and shall be screened on both ends.

10. An approved air space shall be located at the relief valve orifice. This air gap shall be at least twice the inside diameter of the incoming supply line as measured vertically above the top rim of the drain and in no case less than 1 inch.

11. Where a back assembly is deemed necessary, the model of assembly and installation plans shall be submitted to the City of Mosier for approval prior to installation.

12. Upon completion of installation, the City of Mosier shall be notified and all assemblies must be inspected and tested. All backflow assemblies must be registered with the City of Mosier. Registration shall consist of date installation, make, model, serial number of the backflow assembly, and initial test report.

13. The installation of a backflow prevention device on the water service line will eliminate the thermal expansion of hot water into the distribution system. Therefore, the City of Mosier hereby notifies the water user that it is the water user’s responsibility to maintain temperature pressure relief valves within the service property plumbing.

E. Annual Testing and Repairs: All backflow assemblies installed within the territory served by the City of Mosier shall be tested immediately upon installation and at least annually thereafter by a state certified tester. All such assemblies found not functioning properly shall be promptly repaired or replaced by the property owner. If any such assembly is not promptly repaired or replaced, the City of Mosier may deny or discontinue water to the service property. All testing and repairs are the financial responsibility of the property owner. Any tester operation within the territory served by the City of Moser must notify the Cross-Connection Control Inspector 48 hours prior to testing.

F. Costs of Compliance: All costs associated with purchase, installation, inspections, testing, replacement, maintenance, parts, and repairs of the backflow assembly are the financial responsibility of the property owner.

G. Termination of Service: Failure on the part of a customer to discontinue the use of all cross connections except in accordance with this chapter is sufficient cause for the immediate discontinuance of public water service to the service property. OAR 333-061-0070(1)

1. The city may discontinue water supply within 72 hours of giving notice, or a lesser period of time if required to protect the public health, if a customer fails to cooperate with the city in the survey of service property, in the installation, maintenance, repair, inspection or testing of backflow prevention assemblies or air gaps required by the city, or in the city’s effort to contain a contaminant or pollutant that is detected in the customer’s system.

2. Without limiting the city’s enforcement or cost-recovery authority or other rights, in lieu of discontinuing water service, the city may install a reduced pressure backflow assembly (RPBA) on its service pipe to provide service property isolation, and recover all of its costs for the installation and subsequent maintenance and repair of the assembly,

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appurtenances and enclosure from the customer as fees and charges for water. The failure of the customer to pay these fees and charges may result in termination of service in accordance with the city’s water billing policies. There shall be a 5% surcharge on all water usage billings after city installation for maintenance and monitoring the same.

H. Nuisances declared – Abatement. Unlawful cross-connections now existing or hereafter installed, services requiring backflow prevention devices, and unlawful use or operation of a private water supply system served by the city public water supply system are declared to be public nuisances subject to enforcement under MMC chapter 2.02. Any measures authorized by law for the abatement of nuisances may be taken at the direction of the city engineer or water system operator.

11.01.0 60 – Mains and Service Generally :A. Application for serviceB. Emergency interruption of service for emergencies and repairsC. Mains and service connections – Work by authorized personnel onlyD. Mains and services – Distance from sanitary sewersE. Mains and service connections – Ownership

A. Application for service. All applications for water service shall be made at City Hall by the owner or an authorized agent of the owner of the property to be served (the “service property”). All representations of the applicant shall be binding upon the property owner. To apply, the owner of the service property, or someone with written authorization from the property owner, shall complete an application on forms provided by the city and submit at least the following information:

1. Mailing address and other contact information for the owner of the service property. 2. A street address for the service property to be served with water, 3. A description of the use of the service property and the use for the water, e.g., single-

family residential, commercial, industrial, etc. The description should be specific enough to allow the city engineer or water system operator to determine the approximate amount of water demand and meter size for the service property.

4. A statement of whether or not the service property will be occupied by the property owner.

5. If the applicant is someone other than the record owner of the property, a written statement from the record owner of the service property authorizing the applicant or agent to apply for water service, that the property owner shall comply with all requirements imposed by the city related to water service, and that the owner shall be responsible for all bills, fees, charges and penalties charged by the city in connection with the provision of water to the service property

6. A statement that the owner and agent shall comply with all of the city’s rules, regulations and other requirements for water service, including prompt payment of all bills and acknowledgement that the city has the right to terminate service for nonpayment of bills in accordance with this chapter, and that the city shall not be responsible for any direct or indirect damage that may result from shutting off water service.

7. A signed consent allowing the transfer of any claim for past due bills incurred by a tenant or renter of the property to the property owner.

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B. Interruption of service for emergencies and repairs. In case of an emergency, the need to make repairs on the water system, or whenever the public health, safety or equitable distribution of water so demands, the city engineer or water system operator may temporarily suspend water service or limit the use of water. Before suspending or limiting water use, the city engineer or water system operator shall notify, insofar as practicable, all affected water consumers. The city shall not be responsible for any damage resulting from any such interruption, change, or failure of the water supply.

C. Mains and service connections – Work by authorized personnel only. Only the city engineer, water system operator or contractors of the city shall be allowed to do any work on the city mains or service connections.

D. Mains and services – Distance from sanitary sewers. All water mains, service lines and other waterworks appurtenances that carry water shall be located a sufficient distance, both horizontally and vertically, from any sanitary sewer line so as to prevent contamination. All water installations are subject to the approval of the city engineer or water system operator.

E. Mains and service connections – Ownership. All water mains, pipes, pumps, valves, reservoirs, wells, meters and similar equipment and all appurtenances thereto that are part of the city’s water system shall be owned by the City of Mosier. Any developer, person, firm or corporation that has constructed any element of the water system due to platting or other requirements shall relinquish all ownership interest in those system elements before the city will connect or activate a water service connection.

11.01.0 70 – Service Connections :A. Adjacent main requiredB. Timing of connection, initiation of monthly charges, ownership and maintenanceC. Separate meter requiredD. Additional connections – Installation and billingE. Materials and plumbingF. Temporary connections for construction – RatesG. Use of water from fire hydrants – Equipment – Charge

A. Adjacent main required. A service property shall not be connected to the water system of the city unless there is adjacent to the property a main owned by and under the exclusive control of the city.

B. Timing of connection, initiation of monthly charges, ownership and maintenance. Once the city has approved a requested water connection, the city engineer or water system operator shall cause the service property to be connected to the water system by activating the water meter. The service connection and meter shall be and remain the property of the city and shall be maintained by the city. Monthly water use charges shall accrue as of the date the water meter is activated, including construction water, regardless of whether water is actually used.

C. Separate meter required. Every service property supplied with city water must have its own separate meter. No service property shall be allowed to supply water to any other property.

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The city engineer or water system operator may require individual buildings on any service property to be separately metered. This applies to existing and new connections.

D. Additional connections – Installation and billing. When additional water service connections are required for any service property, all water service to those additional service properties shall be metered, installed, and billed separately at the then-applicable rate.

E. Materials and plumbing. All connections to the city’s water system shall use only materials and methods that conform to the standard specifications. Water services shall be connected in accordance with the city’s standard details and any specific requirements of the city engineer or water system operator.

F. Temporary connections for construction – Rates. The use of water for construction purposes may be allowed. Application for temporary construction water use shall be made to city hall, and the city will require a cash deposit in an amount to be determined by the city clerk. Water used as set forth in this section or for any other temporary use, if it is impracticable in the opinion of the city engineer or water system operator to meter the water, shall be charged for at a rate fixed by the city engineer or water system operator.

G. Use of water from fire hydrants – Equipment – Charge. When water service is supplied for any purpose through the fire hydrants the city will furnish the necessary equipment required for such service. A charge computed on the full cost of the service including maintenance, operating and testing, together with the cost of any equipment rental furnished by the city shall be calculated and collected from the applicant, in addition to charges for water used.

11.01.0 80 – Service in the Urban Growth Area : A. General Service PolicyB. Preannexation AgreementsC. Water Service Area

A. General Service Policy: Generally, the city’s water service area includes all land within the corporate limits of the City of Mosier and any additional land where any part or equipment of the city’s water supply and distribution system is located. The city will allow water service connections to any property located within the corporate limits, and will consider requests to provide water service connections to land outside the corporate limits within the city’s urban growth boundary.

B. Preannexation agreements.1. The city council establishes as a policy and directs that within the urban growth area no

water connection to or expansion of a water connection already existing to the Mosier water system shall be allowed unless the property owners and the underlying lien holders agree that the city is authorized to proceed with annexation of the property and further agree not to contest the annexation of the property.

2. If water is to be supplied to a new subdivision or development within the urban growth area, all elements of the water systems serving those developments or subdivisions shall be designed and constructed to city standards.

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C. Water service area. The water service area of the City of Mosier is defined by resolution, and in the absence of a relevant or current resolution, the water service area shall include all land within the corporate limits of the city, adjacent to and serviceable by an existing water main. Water Service outside of this service area will be conditioned by a land use approval in the case of plats or subdivisions and otherwise must comply with the requirements of this section.

1. Water service to land outside of the city’s water service area will be subject to all the rules and regulations of this title that pertain to service properties within the service area.

2. All rates for water service beyond the service area but within the urban growth area will be established by ordinance or resolution for this class of service.

3. Unless determined otherwise by resolution or ordinance of the city council, system development charges outside the city’s water service area shall be at the same rate as the system development charges for areas inside the service area.

4. Plans for water systems, extensions or expansions of the city’s water system and all connections must be approved by the city engineer.

5. The city shall own all lines and system infrastructure up to and including the meter. All portions of the water system, including reservoirs, pumps, wells, lines and meters shall be located in publicly dedicated easements for this purpose or in public rights-of-way.

6. The city council may, at its discretion, supply water to areas beyond the city limits. There must be a finding by the city council that the city has an excess water supply available for the service requested and the applicant must sign a pre-annexation agreement as discussed in 11.01.070A. There also must be a finding that the City has adequate capacity to provide sanitary sewer service to the applicant’s property and that the applicant intends to extend at its own expense the sewer system to serve that property.

7. All costs associated with connecting to the city’s system shall be paid by the applicant.

11.01.0 90 – Main Construction :A. Charge – Assessment.B. Service connection – No main in streetC. Special charge for Main Extensions Subject to ReimbursementD. Specifications for standard water mains

A. Charge – Assessment. Each lot proposed for city water service shall be assessed its proportionate share of the cost of construction and/or extension of a standard main abutting or serving the property. Prior to approval of an application for water service, the city engineer shall determine if the property has previously contributed or been assessed its proportionate share of the construction costs. Property abutting a standard main, but not previously assessed or not having previously contributed a proportionate share of construction costs for a standard main may be connected to such standard main upon payment of a special construction charge as

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described in Section 11.01.090(C). The special construction charge is in addition to any other charges levied pursuant to this chapter.

B. Service connection – No main in street. 1. Whenever an applicant requests water service to serve a property that does not have a

standard main adjacent to it, a standard main must be installed as a prerequisite to connection to the city water system. The standard main must conform to the city’s comprehensive water system plan and must be installed along the complete street frontage of the service property to be served.

2. A standard main may be installed by any of the following methods:(a) The main may be installed at the property owner’s expense by a contractor under the supervision and approval of the city engineer or water system operator. The property owner may be eligible for reimbursement pursuant to this section and the procedures in Chapter 3.04 (Reimbursement for Public Improvements). The city may also enter into a reimbursement agreement with the owner whereby the city will agree to collect a proportionate share of the original cost of main design and construction from property owners who subsequently connect to the new main. The city will reimburse those payments to the property owner, its successors or assigns for a period of up to 10 years. The city shall retain all assessments collected after the expiration of the 10-year period.

(b) If the service property lies within the City’s urban growth area, the owner may elect to have the city install the water main by paying the estimated cost of design and construction to the city as provided in Section 11.01.090(C); provided, however, that the Mayor must first determine there is money in the current water department budget allocated and available to construct the extension. Upon payment of the estimated design and construction cost by the property owner to the city, the city will undertake to have the main installed. Regardless of the estimated design and construction costs, the property owner shall be responsible for paying to the city the full actual cost of the project. Property owners who select this option shall not be eligible for reimbursement by subsequent connections to the new main.

(c) If the service property is within the city’s urban growth area, the owner may also petition to have the main installed by the formation of a local improvement district pursuant to applicable state and local law.

(d) In the event any water main or water system extension is requested to serve a private property and the city’s water system plan calls for a line size larger than 8 inches and that dimension is larger than needed to serve the service property, the city shall provide a method for compensating the property owner for the cost of over-sizing.

C. Special charge for Main Extensions Subject to Reimbursement. This section applies to properties (“benefited properties”) served by or abutting water mains that were constructed by private parties pursuant to Chapter 3.04 (Reimbursement for Public Improvements) and or a reimbursement agreement with the city. In these cases, the benefited properties shall be subject to charges according to the city’s final order forming the reimbursement district and the terms of any reimbursement agreement with the city.

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D. Specifications for standard water mains.1. Standard water mains shall not be less than 8-inch diameter pipe; however, 6-inch

diameter pipes may be used when the city engineer determines that maximum fire rating can be maintained and the line in question cannot be extended.

2. All pipe shall be designed to withstand a minimum internal water pressure of 150 pounds per square inch and shall conform to the latest adopted standards of the American Water Works Association. All design standards, quality standards and pipe sizes shall conform to the latest Fire Underwriters Standards and requirements.

3. Water mains shall comply with AWWA standards and be ductile iron, C900 PVC, or approved equivalent material.

4. All water system facilities shall be designed and constructed in accordance with AWWA and State standards and guidelines and shall be municipal quality facilities consistent with standard engineering practice.

11.01.10 0 – Rates and Charges :A. Connection chargeB. Water rates – Inside the city limitsC. Construction

A. Connection charge: For property within the water system service area of Mosier, a connection charge, based on the cost estimated by the city engineer or water system operator, or his or her designee, will be paid in advance of service installation. Upon completion of the connection, the actual cost will be determined and if this amount is greater than the original estimate, the applicant will be billed for the balance. If the actual cost is less than estimated, the overpayment will be refunded to the applicant. The actual cost of an installation shall include all labor, equipment and material, plus a 15% charge for overhead. Typically the City of Mosier does not install new services but may install the new meter. The service installation work must be performed by a City approved licensed and bonded contractor. Property owner installations will not be allowed. The City’s cost will be based on the time and materials required to inspect and approve the service installation, install the meter and other equipment if applicable, and ensure adequate roadway restoration.

B. Water rates1. Standard Charge. The standard charge for water supplied by the city for all customers

shall consist of a flat rate, also termed a “monthly ready to serve charge,” based on the meter size together with the rate for the quantity of water used plus any monthly charge for sprinkler system imposed by the city engineer. When water is being supplied to an existing multifamily service property, i.e., two or more separate service properties being served by one service and meter, the “monthly ready to serve charge” shall be based on either the existing meter size, or the rate for a ¾ -inch meter times the number of units available for occupancy, whichever is the greater charge. When one service meter supplies more than one service property, the tiered block rates apply to the total usage of all service properties; not each individual unit. When more than one service meter serves

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a single property, the consumption of water for each meter shall be added together and then the tiered block rates shall be applied.

2. Monthly Ready to Serve Charge (flat rate). The monthly ready to serve charge shall be set in accordance with the rate schedule established by resolution.

3. Consumption Rates and Billing Methods. The schedule of rates for water use shall be as set forth in the rate schedules established by resolution. One bill for each water meter shall be dated and sent to each property owner, or his or her designee, at such times as are prescribed by this chapter. In the case of rental properties, the owner shall always receive a duplicate of the water bill. Any request for service by a tenant must include the contact information of the property owner. The owner is responsible for ensuring payment of water bills from a rental property. There are no turn-off rates for vacant properties. During a vacancy the owner is responsible for the monthly ready-to-serve charge (flat rate).

4. For customers that have a fire sprinkler system, there shall be an additional monthly charge determined by the city engineer.

5. In the event the city terminates water service to a property for late or non-payment, the city will impose a monthly administrative fee, lower than the monthly ready to serve charge, as the cost of maintaining the account.

C. Construction water: During the construction of any building and before a water meter is installed as provided in this chapter, a contractor may be permitted to use the city water supply for construction activities by making application as provided in Section 11.01.070(F).

11.01. 110 – Fire Protection Systems :A. Installation permitted – Rate – BillingsB. Private systems – Approval required, Standards and ApplicationC. Connection lines – Separation from water supply, Prohibited actsD. Installation – Permit required, RequirementsE. Damage liability

A. Installation permitted – Rate – Billings. Fire protection systems may be installed within the service area, the rate for which shall be determined by the city engineer based on the design, capacity and use of the individual fire protection system. Billings shall be part of the water utility bill.

B. Private systems – Approval required, Standards and Application. Private fire protection systems must be approved by the city engineer or water system operator. They may include automatic sprinkler heads, standpipes, hose racks and connections, inside and outside fire hose outlets, hydrants and such other appurtenances. Automatic sprinkler system installations shall comply with all State codes and regulations. Before any system is installed, application shall be made to the city engineer or water system operator and a diagram of the installation shall be submitted. The diagram shall contain a list of all material to be used, valve locations and service line pipe size.

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C. Connection lines – Separation from water supply, Prohibited acts. Fire connection lines shall be separate from the regular water supply. No water may be withdrawn from the lines except for fire. It is unlawful to add any other connection to a fire protection system or to let water be used off the service property for which the connection is made.

D. Installation – Permit required, Requirements. No installation may be made until a permit has been issued and the installation shall only be done according to plans approved by the city engineer or water system operator. The city must be notified before any work is done in the street right-of-way or on the water use detection system. The city will have an inspector on the site while work is being done in the city street or where the water main is being tapped. The applicant will pay all installation costs of the fire protection system, including all costs of inspection.

E. Damage liability. The city will not be responsible nor liable for any personal injury or property damage or any loss due to fire or otherwise by reason of an insufficient quantity of water and/or insufficient water pressure for any reason whatsoever. Rates established for service connections of this type are conditioned upon the premise that no liability of any nature whatsoever shall attach to the water department by reason of failure of water quantity or water pressure.

11.01. 120 – Violations and Enforcement : Violations of this chapter, a water service agreement or permit shall be deemed a nuisance and a civil infraction subject to civil enforcement under MMC chapter 2.02. Any person, firm, association or corporation found guilty of violating a requirement or prohibition of this chapter, a water service agreement or permit shall be guilty of a civil infraction and subject to a civil penalty of no more than $300 per violation. Each day of violation shall be a separate civil infraction.

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