CHAPTER 10 Table of Contents UTILITIES Article 10.100: Article 10.200: Article Article Article Article Article Article Article Article Article 10.300: 10.400: 10.500: 10.600: 10.700: 10.800: 10.900: 10.1000: 10.1100: Article 10.1200: Article 10.1300: Article 10.1400: Article 10.1500: Article 10.1600: Article 10.1700: Article 10.1800: Article 10.1900: Article 10.2000: Article 10.2100: Article 10.2200: Water Service Rates 10.101 Water Use Fees for Customers Within City Limits 10.102 Water Use Fees for Customers Outside City Limits Water and Sewer Tap Fees 3 Sewer User Charge Meter Deposits Utility Billing Procedures Contracts for Wholesale Purchase Private Lines Temporary Termination of Service Tampering with Meters Fire Hydrant Use Restricted Water and Sewer Main Extension Policy Water and Sewer Service Mandatory Water Connections to Insure Against Back Flows Surface Runoffs Not to be Connected to Building Sewer Persons Not to Disturb Public Sewer Water Closet Required for Each Building Drains Connected to Sewer System Required Illegal Uses of Public Sewer Obstruction of Sewer System, Drains, and Gutter Prohibited Sewer Connections to be Watertight Customers Responsible for Preventing Infiltration Water Rationing Plan 10-1 10- 2 10-2 10-2 1010- 5 10- 6 10- 6 10- 7 10- 7 10- 8 10- 8 10- 8 10- 9 10- 9 10-10 10-10 10-10 10-10 10-10 10-11 10-11 10-12 10-12 10-12 Article 10.2300: Article 10.2400: Water Wells Water Meter Checking Service 10-2 10-14 10-18 ARTICLE 10.100 WATER SERVICE RATES Sec. 10.101: Water Use Fees for Customers Inside City Limits. There shall be charged for water service provided by the city for each month the following rates: (A) First 2,000 gallons ............................ $ 17.50 minimum for 3/4" tap Over 2,000 gallons ............................. $ 2.80 per 1,000 gallons (B) First 2,000 gallons ............................ $ 20.75 minimum for 1" tap Over 2,000 gallons ............................ $ 2.80 per 1,000 gallons (C) First 2,000 gallons ............................ $ 26.30 minimum for 1-1/2" tap Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons (D) First 2,000 gallons ............................. $ 31.90 minimum for 2" tap Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons (E) First 2,000 gallons ............................. $ 47.70 minimum for 3" tap Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons (F) First 2,000 gallons ............................. $ 71.05 minimum for 4" tap Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons Sec. 10.102: Water Use Fees for Customers Outside City Limits. There shall be charged for water service provided to customers outside the city limits for each month the following rates: (A) First 2,000 gallons ............................. $ 29.00 minimum for 3/4" tap Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons (B) First 2,000 gallons ............................. $ 35.50 minimum for 1" tap Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons (C) First 2,000 gallons ............................. $ 46.60 minimum for 1-1/2" tap Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons (D) First 2,000 gallons ............................. $ 47.80 minimum for 2" tap Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons 10-3 (E) First 2,000 gallons ............................. $ 89.40 minimum for 3" tap Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons (F) First 2,000 gallons ............................. $136.10 minimum for 4" tap Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons (Ordinance No. 356 of November 8,2005) ARTICLE 10.200 WATER AND SEWER TAP FEES Sec. 10.201: Tap Connection Fees. The following tap fees for connection to the city water and sewer system are hereby established: (A) SEWER TAPS: (1) (2) (B) 4" sewer tap ............................ $ 300.00 6" sewer tap ............................ $ 400.00 WATER TAPS: (1) (2) (3) (4) 3/4" water tap .......................... $ 245.00 1" water tap ............................ $ 320.00 1 - 1/2" water tap ...................... $ 510.00 2" water tap ............................ $ 690.00 (C) All fees above include up to ninety (90) feet of service lines in city easements or right-of-ways. Extra charges will be made for all service lines over ninety (90) feet. A street repair charge of ten dollars ($10.00) per square yard will be added to tapping fees as needed. (D) All meters installed after the effective date hereof will have cut-off valves on both sides of the meter and a check valve will be installed on the customer's side of the meter, all included in the fee schedule set out above. (E) Any upgrade of meter placed in service prior to December 1, 1996 will include a cut-off valve and check valve on the customer side of valve box and the fees for said upgrade shall be as follows, to-wit: (1) (2) 3/4" meter ................................. $ 50.00 1" meter ................................... $ 70.00 10-4 (3) (4) 1 1/2" meter .............................. $ 165.00 2" meter ................................... $ 250.00 (Ordinance No. 300 November 9, 1999.) Sec. 10.202: Tap Connection Fees for Second Connection. The following tap fees and water rate for a second connection for non-commercial purposes to a tract, lot or parcel of land within the city water system from an existing service line located on customer property are hereby established. (A) WATER TAPS: (1) (2) (3) (4) (5) (6) (B) 3/4" water tap ................................ $ 125.00 1" water tap .................................. $ 180.00 1 - 1/2" water tap ........................... $ 275.00 2" water tap .................................. $ 370.00 3" water tap ................................... $640.00 4" water tap ................................. $1,035.00 WATER RATE FOR SECOND METER (1) First 2,000 gallons ....................... $ 11.00 minimum for 3/4" tap Over 2,000 gallons ....................... $ 2.80 per 1,000 gallons (2) First 2,000 gallons ....................... $ 12.35 minimum for 1" tap Over 2,000 gallons ....................... $ 2.80 per 1,000 gallons (3) First 2,000 gallons ....................... $ 14.70 minimum for 1 1/2" tap Over 2,000 gallons ....................... $ 2.80 per 1,000 gallons (4) First 2,000 gallons ....................... $ 17.15 minimum for 2" tap Over 2,000 gallons ....................... $ 2.80 per 1,000 gallons (5) First 2,000 gallons ....................... $ 23.95 minimum for 3" tap Over 2,000 gallons ....................... $ 2.80 per 1,000 gallons (6) First 2,000 gallons ....................... $ 34.00 minimum for 4" tap Over 2,000 gallons ....................... $ 2.80 per 1,000 gallons (Ordinance No. 358 January 10,2006). (C) Water is to be used a non-potable water source. Under no circumstances shall the non-potable source be used for a potable use. A back-flow preventer shall be 10-5 installed on all non-potable connections. (Ordinance No. 358 of January 10, 2006) ARTICLE 10.300 SEWER USE CHARGE Sec. 10.301: FEES FOR CUSTOMERS INSIDE CITY LIMITS:. There shall be charged for sewer service as provided by the city each month to customer's inside the City limits, based on the actual water consumption for each respective customer's monthly billing period at the following monthly rates: (A) First 2,000 gallons ....................... $ 13.50 minimum for 3/4" tap Over 2,000 gallons ....................... $ 1.85 per 1,000 gallons (B) First 2,000 gallons ....................... $ 15.75 minimum for 1" tap Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons (C) First 2,000 gallons ....................... $ 19.65 minimum for 1 1/2" tap Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons (D) First 2,000 gallons ....................... $ 23.50 minimum for 2" tap Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons (E) First 2,000 gallons ....................... $ 39.30 minimum for 3" tap Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons (F) First 2,000 gallons ....................... $ 62.70 minimum for 4" tap Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons (Ordinance no. 321 September 11,2001) PROVIDED HOWEVER AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, the fee for sewer use charge for RESIDENTIAL CUSTOMERS ONLY shall not exceed the then current rate for eighteen thousand six hundred gallons per monthly billing period. (Amended Ordinance 329 November 12, 2002) Sec. 10.302: Fees for Customers Outside City Limits: There shall be charged for sewer service as provided by the city each month to customer's outside the City limits, based on the actual water consumption for each respective customer's monthly billing period at the following monthly rates: (A) First 2,000 gallons ....................... $ 21.50 minimum for 3/4" tap 10-6 Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons (B) First 2,000 gallons ....................... $ 26.00 minimum for 1" tap Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons (C) First 2,000 gallons ....................... $ 33.80 minimum for 1 1/2" tap Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons (D) First 2,000 gallons ....................... $ 41.50 minimum for 2" tap Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons (E) First 2,000 gallons ....................... $ 73.10 minimum for 3" tap Over 2,000 gallons ....................... $ 1.85 per 1,000 gallons (F) First 2,000 gallons ....................... $ 119.90 minimum for 4" tap Over 2,000 gallons ....................... $ 1.85 per 1,000 gallons (Ordinance No. 356 November 8,2005) ARTICLE 10.400 METER DEPOSITS Sec. 10.401: Amount of Deposit. All applicants for water service shall deposit with the city, as a guarantee of payment of utility bills, the following meter deposits for each meter installed: (A) Residential and Small Business - $ 75.00 (B) Nyes Courts - $800.00 (C) All Motel and Apartment Complexes - Number of living units times the then residential deposit rate (D) All Other - $150.00 Sec. 10.402: Refunds. Meter deposits shall be refunded only when a customer discontinues service and after deducting any unpaid balances due city. No interest shall be paid to the customer on meter deposits. (Ordinance No. 164 of September 6, 1988) 10-7 ARTICLE 10.500 UTILITY BILLING PROCEDURES All accounts shall be payable at the City Hall in the City of Ganado, Texas. The City Clerk shall cause to be prepared and mailed statements of water, sewer, and garbage service on the last business day of each month. Accounts are due and payable on the 12th day of the month following said statement, and any account not paid by the 12th day of that month shall carry a ten percent (10%) penalty. All accounts not paid by the 12th day of the month when due shall be considered delinquent. If the 12th day of the month falls on either a Saturday or Sunday, then the account is due and payable in full on the next business day following the 12th day of said month. All services on delinquent accounts not paid on or before the 21st day of the month shall be disconnected or discontinued on the 22nd day of the month. An additional Twenty-Five Dollar ($25.00) late fee will be added to the customers account if the account is not paid in full on or before 4:30 p.m. on the 21st day of the month due whether or not service has been actually disconnected or discontinued. If the 21st day of the month falls on a weekend or holiday, said date shall be extended to 4:30 p.m. on the next business day of the City of Ganado. If Twenty-Five ($25.00) must be collected before service will be restored. Monthly statements shall include a written notice advising customers of the date accounts are due and payable, the penalty and late fee for delinquent accounts, the date services shall be disconnected or discontinued on delinquent accounts. No further notice, written or otherwise, shall be required to be mailed or delivered to delinquent account customers. Additionally, a transfer fee of twenty-five ($25.00) shall be collected for the disconnection of one (1) tap and the connection of another tap. Said fees will only be accepted and credits applied during regular business hours of 8:00 a.m. to 4:30 p.m., Monday thru Friday inclusive, excluding holidays. The City of Ganado shall not be required to reconnect or reinstate any services whatsoever if the aforedescribed fees are not paid at the place provided hereinabove or during the hours provided hereinabove. (Ordinance No. 291 of November 17, 1998) ARTICLE 10.600 CONTRACTS FOR WHOLESALE PURCHASE Wholesale or bulk sale of water shall be provided at rates to be established at the discretion of the city commission. Such fee schedule shall be available through the Director of Public Works or the City Secretary. (Ordinance No. 275 of December 9, 1997) ARTICLE 10.700 PRIVATE LINES Sec. 10.701: Definitions (A) Private Water Lines. The water supply line from the water meter to the structure is connected to. it (B) Private Sewer Lines. The sewer line from the property line of land owner to the 10-8 structure it is connected to. Sec. 10.702: Private Water & Sewer Lines Repaired at Expense of Owner. All private water and private sewer lines shall be maintained by and at the expense of the owner. If the director of public works feels it is in the best interest of the city, he may authorize city personnel to work on private water and sewer lines with the owner of the property being responsible for such fees to be paid to the city at rates currently approved by the city commission. Such fee schedule shall be available through the Director of Public Works or the City Secretary. Sec. 10.703: Fees Added to Billing. These fees will be added to the monthly utility bill as provided for in Section 10.500, payable in equal monthly installments with a minimum of twenty dollars ($20.00) month and payable over no longer than a six (6) month period. Sec. 10.704: Director of Public Works Decision Controls. Whether or not work performed, or to be performed, by city personnel on private water and sewer lines, is or is not in the city's best interest, shall be in the absolute discretion of the Director of Public Works. Sec. 10.705: Additional Repairs Responsibility of Owner. Any blockage or stoppage in the sewer line which occurs between landowner's property line and its junction with the main sewer line which is caused by the negligent act of the land owner, his guests, invitees, servants or employees, shall be repaired under the direction of the director of public works at the expense of the property owner. Said cost of repairs to be determined by the fee schedule established by Sec. 10.702 of this chapter and billed according to Sec. 10.703 of this chapter. (Ordinance No. 275 of December 9, 1997). ARTICLE 10.800 TEMPORARY TERMINATION OF SERVICE The Director of Public Works may, at any time, without notice, order the water cut off for repairs, extension, or other purposes from any premises connected to the system. Any other temporary disconnect of water, at the request of the customer, for any reason whatsoever, will incur a twenty-five dollar ($25.00) fee, which will include the subsequent reconnection water services. (Ordinance No. 267 of February 6, 1997) 10-9 ARTICLE 10.900 TAMPERING WITH METERS It shall be unlawful for any person other than those authorized by the city to connect, disconnect, move, or tamper with any meter, or to turn on or off the water at the curb cock, valve, or meter; or to open or tamper with any meter box. ARTICLE 10.1000 FIRE HYDRANT USE RESTRICTED Fire hydrants shall be provided for the sole purpose of use in extinguishing fires, and shall be used or opened only by the water and fire departments or such persons as may be given authority by the city commission. ARTICLE 10.1100 WATER AND SEWER MAIN EXTENSION POLICY Sec. 10.1101: (a) Extension of Water & Sewer Mains. Upon written request made therefor, the city shall extend water and sanitary sewer mains in the streets or alleys, or easements furnished therefor within the corporate limits of the city to the closest point where the owner's property abuts said public street, alley, easement or right-of-way from existing water and sanitary sewer mains servicing said area, such to be a no cost or expense to the owner, except for the tap fees provided for in this Chapter, if the property to which the water and sanitary sewer main extension is requested HAS NOT been partitioned divided or subdivided into more tracts than existed as of May 1, 1999. If the subject property has existed as of May 1, 1999, the water and sanitary sewer main extension shall be at no cost to the owner to the same point above described as the subject property existed as of May 1, 1999 and any entension if requested past said above described point shall be at the sole cost and expenses of the owner as calculated by the City Public Works Director. PROVIDED HOWEVER AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, said water and sanitary sewer main extension to be provided for at no cost as provided above shall be of the type and quality to service one (1) residential single family dwelling. If the owner needs or requires a larger sized water and/or sanitary sewer main, said additional costs, as calculated by the City Public Works Director, shall be paid by the owner to the City prior to the commencement of said extension. Severability Clause If any portion of this ordinance is held unconstitutional by a court of competent jurisdiction, the remaining provisions hereof shall nevertheless be valid, the same as if the portion or portions held unconstitutional had not been adopted. (Ordinance NO. 289 of November 17, 1998) 10-10 Sec. 10.1102: Size, Location and Specifications. The city shall specify sizes, locations, and specifications of all water and sewer improvements made hereunder, and after they are installed, shall own and maintain the same. ARTICLE 10.1200 WATER AND SEWER SERVICE MANDATORY Where water and sewer service is deemed by the city to be available, it shall be required that all citizens owning buildings and residences connect to said system. Said connections shall be made after payment of applicable tap fees and connection shall be made in accordance with city plumbing standards and the provisions of this chapter. ARTICLE 10.1300 WATER CONNECTIONS TO INSURE AGAINST BACKFLOWS No subscriber or purchaser of municipal water residing within the City of Ganado shall permit any physical connection to be made between the water distribution system of the City of Ganado to any sprinking, condensing, cooling, plumbing, or any other system unless said connection is of such a design as will insure against any back flow or siphonage of sewage, untreated water or contaminated water from said systems into the distribution system of the City of Ganado. An annual test must be performed on an approved back flow prevention device by a state certified back flow assembly tester to insure that the device is operating properly all at the cost and expense of the subscriber or purchaser. The City of Ganado reserves the right to terminate water service for noncompliance. (Amended by Ordinance 325 January 8, 2002) ARTICLE 10.1400 SURFACE RUNOFFS NOT TO BE CONNECTED TO BUILDING SEWERS No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. "Building Sewer" means the extension from the building drain to the public sewer. ARTICLE 10.1500 PERSONS NOT TO DISTURB PUBLIC SEWER No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the director of public works or other authorized city official. ARTICLE 10.1600 WATER CLOSET REQUIRED FOR EACH BUILDING It shall be unlawful for the owner or occupant of any building, any part of which is within the 10-11 sanitary district, or any portion of which is used for any purpose during any portion of the day, to fail to have at least one (1) water closet connection with the public sewer. ARTICLE 10.1700 DRAINS CONNECTED TO SEWER SYSTEM REQUIRED It shall be unlawful for the owner or occupant of any building within the sanitary district, in which food is cooked or clothing is washed, to fail to have a suitable sink, slop stone, or hopper for the reception of water and connect same to sanitary sewers. ARTICLE 10.1800 ILLEGAL USES OF PUBLIC SEWER Sec. 10.1801: It shall be unlawful to throw or allow to be thrown or deposited upon the surface of the ground, or in any hole or vault in or under the surface of the ground in the sanitary district, except in the proper and necessary manuring of the soil, any water which has been used for domestic or manufacturing purposes, or any liquid, or any solid filth, feces, or urine. Sec. 10.1802: It shall be unlawful to throw or deposit, or cause to be thrown or deposited, in any vessel, or receptacle connected with the public sewer, any newspaper, garbage, hair, fruit, ashes, vegetable peelings, or refuse, rags, cotton, cinders, or any kind of matter or materials, except feces, urine, and the necessary closet paper and liquid slops. Sec. 10.1803: It shall be unlawful to fail or refuse to connect with the sanitary sewer all washstands or slop stands in house or yard, within the sanitary district, or to allow any slops, wash or waste water of any kind to flow over the pavement or under the pavement into the streets or alleys. The property owner or plumber or both, shall be held responsible for any injuries the plumber shall cause to the owner or street in making such connections. Sec. 10.1804: It shall be unlawful for any person or corporation to connect any open gutter, cesspool, privy, vault, or cistern with any public sewer or any private sewer connected with the public sewer. Sec. 10.1805: It shall be unlawful for any person or corporation to deposit any garbage, offal, dead animals, filth, or any substance having a tendency to obstruct the flow of sewage in any man hole, lamp hole, flush 10-12 tank or sewer opening. ARTICLE 10.1900 OBSTRUCTION OF SEWER SYSTEM, DRAINS OR GUTTERS PROHIBITED It shall be unlawful for any person or persons to obstruct or in any way obstruct or injure any of the pipes, drains, gutters or machinery belonging to or connected with the sewer system of the City of Ganado, Texas, or in any way whatsoever place anything that will injure or obstruct the operations of said system, or any pipes, drains, gutters or machinery connected with the operation of said system. Whoever shall obstruct or in any way obstruct or injure any pipes, drains, gutters or machinery in this city, so as to prevent the free flow of water therein, shall be deemed guilty of a misdemeanor. (Ordinance No. 174 of June 1, 1989 amended Section 19) ARTICLE 10.2000 SEWER CONNECTIONS TO BE WATERTIGHT All service lines from customers buildings to sewer main lines shall be watertight and provided with proper watertight cleanouts at all places where line changes directions at more than forty-five (45) degrees. All cleanouts shall not be greater than a forty-five (45) degree angle. On any new sewer connections or replacement lines all cleanouts shall not be' constructed closer than eight (8) feet from any building or structure and shall be placed just below ground level. Furthermore, all holes cut in existing lines shall be patched immediately with watertight cement patch covering at least three-fourth (3/4) way around pipe and six (6) inches either side of hole in pipe. (Ordinance No. 183 of December 21, 1989 amended Section 20) ARTICLE 10.2100 CUSTOMERS RESPONSIBLE FOR PREVENTING INFILTRATION All service lines tied into city owned sewer mains shall be inspected from time to time and any found to be not properly sealed and allowing surface water infiltration will be condemned until proper repairs are made. Customers will be notified of condition of line and granted ten (10) days in which to make proper repairs. If proper repairs are not made within ten (10) days, the violator shall be subject to a fine of not less than twenty dollars ($20.00) nor more than two hundred dollars ($200.00), each day being a separate offense. (Provision for inclusion of Sections 10.600-10.2100 of Chapter 10 provided for in Ordinance adopting Code unless otherwise noted) 10-13 ARTICLE 10.2200 WATER RATIONING PLAN Sec. 10.2201: Declaration of Emergency. (A) The Mayor, or acting Mayor in the Mayor's absence from Jackson County, shall have the authority, without delay to declare the existence of an emergency upon the Mayor's determination of the existence of a, water supply shortage or water pressure deficit, whereupon immediately after the Mayor's declaration of emergency, Subsections B through F hereof, inclusive, shall become in full force and effect. Said declaration of emergency as made by the Mayor shall be put in written form and posted on the official bulletin board in the City Hall for so long as said declaration of emergency shall remain in force and effect. Notice of the declaration of emergency shall also be published once weekly in a newspaper of general circulation in the City of Ganado for two (2) consecutive weeks (B) The declaration of an emergency by the Mayor as provided in Subsection A(l), shall continue in full force and effect until the City Council shall at a regular, or called special meeting, determine that a need no longer exists for the emergency water rationing and thereafter, upon a majority vote, terminate the Mayor's declaration of emergency. Once so terminated, the City Council shall cause the posted notice on the official bulletin board in the City Hall to be removed and further cause a notice to the public of its termination to be placed once in a newspaper of general circulation in the City of Ganado. (C) The Mayor, or acting Mayor in the Mayor's absence from Jackson County, shall have the authority, without delay to declare the existence of an extreme emergency upon the Mayor's determination of the existence of a water supply shortage or water pressure deficit, whereupon immediately after the Mayor's declaration of extreme emergency, Subsection B through F inclusive, shall become in full force and effect. Said declaration of extreme emergency as made by the Mayor shall be put in written form and posted on the official bulletin board in the City Hall for so long as said declaration of extreme emergency shall remain in force and effect. Notice of the declaration of extreme emergency shall also be published once weekly in a newspaper of general circulation in the City of Ganado for two (2) consecutive weeks. (D) The declaration of an extreme emergency by the Mayor as provided in Subsection A(3) shall continue in full force and effect until the City Council shall at a regular or called special meeting, determine that a need no longer exists for the extreme emergency water rationing and thereafter, upon a majority vote, terminate the Mayor's declaration of extreme emergency. Once so terminated, the City Council shall cause the posted notice on the official bulletin board of the City Hall to be 10-14 removed and further cause a notice to the public of its termination to be placed once in a newspaper of general circulation in the City of Ganado. Sec. 10.2202: Conservation. It shall be unlawful for any person or resident to knowingly permit or allow the wasteful use of water after the declaration of an emergency or an extreme emergency. Sec. 10.2203: Lawn Watering Schedule After the Declaration of an Emergency. (A) All lawn water on Mondays be eliminated. (B) All houses with an even street number may water on Tuesday, Thursday, and Saturday. Lawn watering on these days is limited to the hours of 9:00 a.m. to 11:00 a.m. and 3:00 p.m. to 6:00 p.m. (C) All houses with an odd street number may water lawns only on Wednesday, Friday, and Sunday. Lawn watering on these days is limited to the hours of 9:00 a.m. to 11:00 a.m. and 3:00 p.m. to 6:00 p.m. (D) All public buildings, hospitals, schools, cemeteries, churches, and governmental housing may water lawns only on Tuesday, Thursday, and Saturday. "awn watering on these days is limited to the hours of 9:00 a.m. to 11:00 a.m. and 3:00 p.m. to 6:00 p.m. (E) Privately owned apartments and businesses may water lawns only on Wednesday, Friday, and Sunday. Lawn watering on these days is limited to the hours of 9:00 a.m. to 11:00 a.m and 3:00 p.m. to 6:00 p.m. Sec. 10.2204: Lawn Watering Schedule After the Declaration of An Extreme Emergency. All lawn watering shall be eliminated in its entirety after the declaration of an extreme emergency. Sec. 10.2205: Bulk Sales. All bulk sales of water in truck load quantities are not allowed after the declaration of either an emergency or an extreme emergency. 10-15 Sec. 10.2206: Right of Entry to Enforce. The City Marshal is hereby authorized to enter private property where the unlawful use of water is suspected in order to enforce this section. (Ordinance No. 115 of June 7, 1983) ARTICLE 10.2300 WATER WELLS Sec. 10.2301: Rules, Regulations, and Procedures relating to Water Wells. (A) Any person desiring to drill a water well within the limits of the city shall be governed by the following rules, regulations and procedure: (1) a permit shall be obtained from the city secretary, upon approval by the public works director, who shall issue the same upon a form prepared for that purpose before any drilling operations of any kind whatever are conducted or commenced; (2) a fee shall be paid to the city in the sum of twenty-five dollars ($25.00) for such permit; (3) all work of casing such well, determining the size and weight of pipe to be used, the procedure of setting the pipe to the proper depth and landing to insure the sealing off of all seepage and surface waters which may contaminate the city water supply shall be under the supervision, direction and control of the public works director, including the installation of proper concrete block around the casting at the surface in such a manner as to insure the complete sealing off of the well so that no vermin or rodents may gain entrance thereto. Such concrete block shall not be less than twelve inches (12") high, and not less than twenty-four inches (24") square. (B) In the event of the erection of a windmill over a well within the corporate limits, such windmill shall be kept at a distance of not less than thirty feet (30') from all overhead electric wires, and the erection of same shall be under the supervision and control of the public works director. (C) If an electric driven pump is installed over a well within the corporate limits, all electric wiring shall be placed in rigid conduits with proper radio interference controls, if such be needed, and the erection of same shall be under the supervision and control of the public works director. 10-16 Sec. 10.2302: Power and Duties of Public Works Director. The public works director shall have the following powers: (A) To make or have made examinations of all wells within the city privately owned or otherwise; (B) To make or have made at any time the necessary analyses or tests of water therefrom; (C) To go upon the land and property of the owner of a well for that purpose; (D) To require the owner to furnish all information requested concerning a well, including, in the case of new wells, complete logs of the well showing depth to and depth through all geologic formations encountered; (E) To supervise the construction, repair, abandonment and plugging of wells and the Operation of such wells. The public works director shall keep a register of all wells within the city, which shall show the name of the owner, the location and the date of construction of each well, its depth and diameter, the purpose for which the well was constructed, and if abandoned, the date of such abandonment; (F) All acts authorized to be done by the public works director may be performed by such persons as may be authorized by such public works director to act for him. Sec. 10.2303: Permits. (A) It shall be unlawful for any person to drill or otherwise construct, repair, correct, abandon or plug a well, or to engage upon such work, within the limits of the city, or to employ anyone else to engage in such work, without first applying for and securing a permit from the public works director or a duly authorized agent thereof. Such permit may be granted with the approval of the public works director, to any person who files with such public works director the application and pays the fee hereinafter required, and complies with all other provisions of this section applicable to him. (B) It shall be unlawful for any applicant who obtains a permit to construct a well of a certain depth, to extend such well to a depth exceeding the depth provided for in such permit without first obtaining an additional permit therefor. 10-17 Sec. 10.2304: Fees. The fees to be paid to the public works director for the permits required by this section shall be as follows: (A) Permit for the drilling or construction of a new well up to fifty feet (50') deep, ten dollars ($10.00). (B) Permit for the drilling or construction of a new well fifty feet (50') deep to one hundred fifty feet (150') deep, twenty dollars ($20.00). (C) Permit for the drilling or construction of a new well one hundred fifty feet (150') deep to four hundred feet (400') deep, thirty dollars ($30.00). (E) For the drilling or construction of a new well over four hundred feet (400') deep, the fee last named, and in addition thereto, for each one hundred feet (100') or fraction thereof in excess of four hundred feet (400'), ten dollars ($10.00). (F) Permit to repair or correct a defective well, twenty dollars ($20.00). (G) Permit to abandon or plug a well, five dollars ($5.00). Sec. 10.2305: Wells Contaminating other Water Sources. Any well or other opening which penetrates the underground water supply and which pollutes or contaminates any other well or the city's water supply, is declared a nuisance, and on notice to the owner of such well, or to the operator thereof, or to his agent in charge of the well or of the property on which it is situated, issued by the public works director, such nuisance shall be abated by the owner within ten (10) days from date of such notice by filling and plugging the well or opening in the manner provided for in this section for abandoned wells; and if he shall fail to abate such nuisance within such time, or if after exercising reasonable diligence, the public works director is unable to locate the owner or his agent, such public works director shall have the right to go on the land or property upon which the well is situated and abate such nuisance in the manner provided and the owner thereof shall be liable to the City of Ganado the cost of such work and shall pay such cost upon demand. Sec. 10.2306: Defective Wells. Every well, whether dug or drilled, which for any reason does not completely prevent the mixing of water or other liquid from above and below the source of the city's water supply with the water in the source of the city's water supply, or which for any reason would tend to pollute or contaminate 10-18 any other well or the water in the source of the city's water supply shall be considered a defective well and the public works director on his own initiative or upon information or complaint from any source may make an examination of any well suspected of being defective and if such examination indicates, in the opinion of the director, that the well is a probable source of contamination of the city water supply or any other well, or that the water from such well is unsafe for human consumption, shall issue written instructions to the owner or his agent in charge of such well or the property upon which it is situated, for correcting the defects to comply with the provisions of this section, and prescribe a time which, in his judgement, under all the circumstances, is reasonable within which such instructions shall be complied with. It shall be unlawful for the owner or operator of such defective well to fail to comply with such instructions within the time limit prescribed by the public works director. Sec. 10.2307: Abandoned Wells. (A) An abandoned well is (a) a defective well which, in the judgement of the public works director, cannot be corrected to comply with the requirements of this section, or (b) any well which has been continuously out of use for a period of two (2) years, or longer. Whenever any well has not been in active use for more than two (2) years, the owner or operator of such well shall report the fact to the board. Every abandoned well shall be filled and plugged with such materials and in such manner, as, in the judgement of the public works director, will prevent the pollution and contamination of the city's water supply or the contamination of any other well within the limits of the city, and such filling and plugging shall be done under the supervision of the public works director, and at the expense of the owner of such well. (B) Whenever the public works director shall receive notice from any source of the existence of an abandoned well which has not been plugged and filled in accordance with the provisions of this section, he shall notify the owner or agent in charge of such well or of the property upon which it is situated that such well is abandoned and shall instruct him to fill and plug such well in accordance with this section, and the owner or operator of such well shall comply with such order within sixty (60) days after its date. Should he fail so to comply within such period or if, after using reasonable diligence, should the director fail to locate the owner or the agent in charge of such well or of the property upon which the well is situated, the board may go on the land or property upon which the well is situated and fill and plug such abandoned well in the manner provided and the owner thereof shall be liable to the City of Ganado for the cost of such work and shall pay such cost upon demand. (Ordinance No. 124 of September 4, 1984) 10-19 ARTICLE 10.2400 WATER METER CHECKING SERVICE Sec. 10.2401: Customer Demanded Calibration. When a customer shall demand a calibration of the metering device measuring water to his facility and if after said calibration is completed verifying said meter to be completely accurate, said customer shall pay to the City of Ganado a fee of twenty-five dollars ($25.00). Sec. 10.2402: Deposit Required for Calibration; Refund. Before the customer's meter is calibrated, the customer shall deposit with the city secretary of the City of Ganado a deposit in the amount of twenty-five dollars ($25.00) to pay for the fee provided for in paragraph above should it be shown that the meter is accurate. If after calibration it is shown that the meter is measuring inaccurately, causing the customer to be overcharged for water to his facility, the deposit shall be immediately refunded to the customer if said overcharge was due to inaccurate calibration. (Ordinance No. 185 of December 21, 1989) ARTICLE 10.600 CONTRACTS FOR WHOLESALE PURCHASE Wholesale or bulk sale of water shall be provided at rates to be established at the discretion of the city commission. Such fee schedule shall be available through the Director of Public Works or the City Secretary. ARTICLE 10.700 PRIVATE LINES Sec. 10.701: Definitions. (A) Private Water Lines. The water supply line from the water meter to the structure it is connected to. (B) Private Sewer Lines. The sewer line from the property line of land owner to the structure it is connected to. Sec. 10.702: Private Water & Sewer Lines Repaired at Expense of Owner. All private water and private sewer lines shall be maintained by and at the expense of the owner. If the director of public works feels it is in the best interests of the city, he may authorize city personnel to work on private water and sewer lines with the owner of the property being responsible for such fees to be paid 10-20 to the city at rates currently approved by the city commission. Such fee schedule shall be available through the Director of Public Works or the City Secretary. Sec. 10.703: Fees Added to Billing. These fees will be added to the monthly utility bill as provided for in Section 5, payable in equal monthly installments with a minimum of twenty dollars ($20.00) month and payable over no longer than a six (6) month period. Sec. 10.704: Director of Public Works Decision Controls. Whether or not work performed, or to be performed, by city personnel on private water and sewer lines, is or is not in the city's best interest, shall be in the absolute discretion of the Director of Public Works. Sec. 10.705: Additional Repairs Responsibility of Owner. Any blockage or stoppage in the sewer line which occurs between landowner's property line and its junction with the main sewer line which is caused by the negligent act of the land owner, his guests, invitees, servants or employees, shall be repaired under the direction of the director of public works at the expense of the property owner. Said cost of repairs to be determined by the fee schedule established by Sec. 10.702 of this chapter and billed according to Sec. 10.703 of this chapter. (Ordinance No. ______, of October ___, 1997 amended Article 10.600 & Article 10.700) ARTICLE 10.700 PRIVATE LINES Sec. 10.701: Definitions. (A) Private Water Lines. The water supply line from the water meter to the structure it is connected to. (B) Private Sewer Lines. The sewer line from the property line of land owner to the structure it is connected to. Sec. 10.702: Private Water & Sewer Lines Repaired at Expense of Owner. All private water and private sewer lines shall be maintained by and at the expense of the owner. If the director of public works feels it is in the best interests of the city, he may authorize city personnel to work on private water and sewer lines with the 10-21 owner of the property being responsible for such fees to be paid to the city at rates currently approved by the city commission. Such fee schedule shall be available through the Director of Public Works or the City Secretary. Sec. 10.703: Fees Added to Billing. These fees will be added to the monthly utility bill as provided for in Section 5, payable in equal monthly installments with a minimum of twenty dollars ($20.00) month and payable over no longer than a six (6) month period(See form letter at the end of Utility Chapter). Sec. 10.704: Director of Public Works Decision Controls. Whether or not work performed, or to be performed, by city personnel on private water and sewer lines, is or is not in the city's best interest, shall be in the absolute discretion of the Director of Public Works. Sec. 10.705: Additional Repairs Responsibility of Owner. Any blockage or stoppage in the sewer line which occurs between landowner's property line and its junction with the main sewer line which is caused by the negligent act of the land owner, his guests, invitees, servants or employees, shall be repaired under the direction of the director of public works at the expense of the property owner. Said cost of repairs to be determined by the fee schedule established by Sec. 10.702 of this chapter and billed according to Sec. 10.703 of this chapter. (Ordinance No. ______, of October ___, 1997 amended Article 10.600 & Article 10.700) 10-22 10-23 DATE:_____________________ CUSTOMER:_______________________ CONTRACTOR: CITY OF GANADO SERVICES: Customer agrees that he is responsible for and has requested Contractor to perform the above described services. Customer agrees to pay for said services at the rates and fees established per resolution by the City Council of the City of Ganado as authorized in Chapter 10, Article 10.702 of the City of Ganado Code of Ordinances. Said fees and charges will be paid by Customer to Contractor as follows: in full upon completion Contractor's invoice of work and receipt of in monthly installments due at the same time, but in addition to the regular utility billing from Contractor. (as authorized in Chapt. 10, Article 10.700, Sec. 10.703, Code of Ordinances) SIGNED this _____ day of __________________, ________. CUSTOMER: CONTRACTOR: _____________________________ CITY OF GANADO _____________________________ 10-24 10-25