City of Irondale, Alabama Water System Rules & Regulations Ordinance No. 2008-71

AN ORDINANCE TO REPEAL ORDINANCE NUMBERS  99-19, 2002-18, 2002-42, 2005-29, 2005-81 AND 2007-6 AND TO READOPT WATER RATES, SERVICE CHARGES AND RULES AND REGULATIONS FOR IRONDALE WATER SYSTEM.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRONDALE, ALABAMA AS FOLLOWS:

1.         RULES AND REGULATIONS GOVERNING RENDERING OF SERVICE:

a) The rules and regulations as herein set forth shall govern the rendering of water service, including the extensions of mains and making of connections thereto, and every customer, upon the signing of an application for water service or upon the taking of water service, shall be bound thereby.

b) All determinations, decisions, estimates or matters of judgment of any sort referred to herein shall be made by the City shall be conclusive and binding upon every customer.

c) The City of Irondale does not guarantee a uniform pressure or an uninterrupted supply of water and customers must provide sufficient storage of water where an absolutely uninterrupted supply must be assured.

d) The City reserves the right to shut off the water from any of its mains without notice when necessary, for the purpose of making repairs, connections or for any other purposes.  The City shall incur no liabilities for damage to any customer’s property caused by cutting off the water, or by resumption of service without notice after such interruptions.

e) The City reserves the right to discontinue service for violation by the customer of any of the rules of the City in effect at any time.

f) The City reserves the right at any time to alter, amend, or add to these Rules and Regulations or substitute other Rules and Regulations therefore.  Such actions shall be conclusive and binding upon every customer from the effective date of such action.

2.            DEFINITIONS APPLICABLE TO SECTIONS:

a) “City” means the Mayor or Mayor and Council of the City of Irondale controlling the Water System acting from time to time by and through its duly authorized members, agents and employees.

b) “Customer” means any party who receives water service from the City or who is legally or equitably responsible under either an express or implied contract requiring such party to pay the City for such service.

c) A “Service Connection” is a pipe used to supply a single premise only, which is installed between the distribution system mains of the City and the meter, or between the main and the curb line of the street if the meter is not installed at the curb.

d) A “Service Line” is a pipe used to conduct water from the meter to the point of use or from the curb line if the meter is not installed at the curb.

e) “Owner” is any party who is the legal owner of the premises served and the property is occupied by a customer other than the owner.

f) “The Responsible Party” shall be the occupant, tenant or the owner, if charges are not paid by the occupant or tenant of the premise served.

3.            APPLICATIONS FOR WATER SERVICE:

a) All persons or their authorized agents desiring water service through an existing service connection shall make application in writing at the office of the City on forms supplied by the City.  Applications by letter may be accepted at the option of the City.  All property owners must sign the application for service to their properties.

b) Any change in the identity of the contracting customer at the premises will require a new application and the City may, after a reasonable notice, discontinue the water service until such new application has been duly made and accepted.  However, should the new customer fail to make application at the office of the City within Seventy-two (72) hours after beginning the use of water, he shall be liable for all water charges accrued since the last reading of the meter prior to the date of his beginning the use of water.

c) Whenever an application is made for service to premises where the City is aware of a dispute as to the ownership or the right of occupancy, and one or more of the claimants attempts to prevent such service being furnished, the City reserves the right to adopt either of the following courses:

1. To treat the applicant in actual possession of the premises to be served as being entitled to such service.
2. To withhold service, pending a judicial determination or other settlement of the rights of the various claimants.                   

            (d) Application for transfer of service from one premise to another must be made in writing.

4.         RATE SCHEDULE:

           (a) Monthly Usage Rates

            First 2,000 gallons                                $14.10 min. charge 
            All usage over 2,000 gallons                 $3.85 per thousand gallons                         
            5/8" Meters Residential                        First 2,000 gallons: $14.10 min. charge

All meters above 5/8" are considered commercial.

Commercial 1" and above: first 2,000 gallons, minimum charge.
All usage over 2,000 gallons:  $3.85 per 1,000 gal.   

Meter Size                 Minimum Charge
5/8".................................... $14.10
1"....................................... $24.00
1-1/2"................................. $37.00
2"....................................... $79.00
3"....................................... $124.00
4"....................................... $206.00
6"....................................... $280.00

    (b) Additional Fees:

Testing meter at customer request-
Meter tests at 102% or less (see 8(g) ...........................$75.00
Return Check Charge................................................... .Legal Limit  
Late Payment Fee
(If not paid before delinquent date)................................ $7.50 or 10% of bill, which ever is greater

Meter re-read at customer request
(if no error found).. .........................................................$15.00
Leak check requested by customer.............................. $15.00
Replace meter at customer request............................. $125.00
After Hours Service Call:................................................$100.00

c) Where more than one place of business is supplied through one meter the minimum charge shall be charged for each business supplied, as if each were supplied through separate meters, provided however that the minimum charges on this basis shall not apply unless they are higher than the minimum charges ascertained under paragraph (a).

d) The amount of water allowed for any ascertained minimum charge shall be in concurrence with paragraph (a) above.

5.            MULTIPLE PREMISES:

a) In case two or more premises are supplied through one service pipe, with special permission of the City, one party must assume responsibility for full payment of the water usage for all premises so supplied.  The City may, at its option, upon the request of the customer so responsible for the usage and all other parties supplied, elect to bill each party separately.  Should any party fail to pay the charge when due, or violate any rules of the City, the City may discontinue service to all premises until the bill has been paid or the rules complied with.  In such cases the minimum charge will be applied to each of the premises as if they were supplied through separate lines and separate meters.  Further method of computing the bill will be on the average of the consumption registered on the meter by the number of premises, before the rate is applied.  

6.            BILLING:

a) Water bills will be rendered monthly.

b) Water bills are due and payable when rendered and shall be delinquent if not paid on or before the 16th day of the month and the City may at any time thereafter upon giving reasonable notice, discontinue the service to the customer.

c) Whenever service is discontinued for non-payment, a re-connection charge of $60.00 shall be paid by the customer before service is reconnected by the City.  A re-connection fee of $80.00 shall be paid by the customer if service has been discontinued for a second time, and this sum shall be paid to the City prior to re-connection.  All re-connection charges after the second re-connection shall be a  the rate of $105.00 and shall be paid by the customer prior to re-connection.

d) All bills due the City are payable only at the office of the City.  No field service employee is authorized to accept payments.

e) Bills and notices of the City relative to its business will be mailed to the customer’s last address as shown by the records of the City and as recorded on the application of the customer for water service.  Failure to receive any bill or notice shall not relieve the customer of any responsibility under these Rules and Regulations and shall not act to extend time of payment of any bill due.

7.            DEPOSITS:

a) When called upon by the City, any customer shall deposit such reasonable sums of money as may be required by the City as a guarantee for payment of water service charges at his premises.  The minimum deposit amount, when required, shall be:     

RESIDENTIAL
Meter Size	Owner	Renter
5/8"	$75.00	$125.00
1"	$75.00	$125.00

 

COMMERCIAL
Meter Size	Deposit Amount
1 1/2'	$125.00
2'	$150.00
3'	$200.00
4'	$250.00
6'	$300.00
8'	$450.00

b) The City reserves the right to discontinue water service to the premises of the customer upon failure of the customer to pay the charges for service rendered, and the deposit shall not be considered as a payment on account of a bill during the time the customer is receiving water service.

c) Upon discontinuance of use of water at any premises and settlement of all charges, any unused portion of such deposit shall be refunded to customer.  When a customer moves from one premises in the City to another premises in the City, any charges, deposits or credits applicable to the old premises may be transferred, at the option of the City, to the account at the new premises and the City may discontinue service at the new premises for non-payment of any indebtedness for water service that is transferred from the former premises.

d) No deposit shall be transferable or assignable by the customer.

e) No interest shall be paid on deposits to any customer or other party.

8.            METERS:

a) The City shall determine the type and size of meter to be installed, and all meters (except meters or detector devices installed on private fire service connections by and at the expense of customers) shall be furnished, installed and removed only by the City, and shall remain its property except as herein provided.

b) The City will require the customer to pay all material and labor costs involved in the installation of meters and appurtenances installed to serve seasonal requirements such as gardening, lawn sprinkling, swimming pools, air conditioning, etc., and where more than one service connection serves the premises the meter will be read by the City and at least the minimum meter charge shall be billed each billing period as long as such connection remains attached to the mains.

c) Meters will be maintained by the City at its expense insofar as ordinary wear is concerned, but damage due to hot water or other external causes arising out of or caused by the negligence, carelessness or willful misconduct of the customer shall be paid for by the customer.

d) Meters installed by the City at the expense of the customer and not owned by the City shall be kept in repair by the City at the expense of the customer.

e) Once installed, no meter shall be tampered with nor shall it be removed without the consent of the City.

f) Meters will be set in meter boxes or vaults placed as nearly as possible to and opposite the tap in the main, except where the City has given special permission for meters to be installed in a location other than at the curb line.

g) No meter will be placed in service nor kept in service, if upon testing, it registers more than 102% or less than 98% of the water passed on flows within the normal limits of the meter range.

h) The City will, at its own expense, make routine tests when it considers such tests desirable.

i) The City, at its expense, will make additional tests of its meters at the request of the customer but not more often than once every 24 months.  More frequent tests will be made at the request of the customer only upon the payment of the charges billed by meter supplier.  However, if any such test shows a meter not to be accurate within the limits set forth in bracket 8 (g) above and in the City’s favor, the payment will be refunded.

j) The customer shall promptly notify the City of any defect in or damage to the meter or its connections.

k) Where water is furnished through a meter, the quantity recorded by it shall be taken to be the amount passing through the meter except where the meter has been found to be registering inaccurately or has ceased to register.  In such cases, the quantity may be determined by the average registration of the meter when in order, or by such fair and reasonable method as shall be based upon the best information obtainable.

l) Each premise shall have a separate meter, with the exception that due to the arrangement of the piping, duplex houses, apartment houses, office buildings, or business blocks may be served through a single meter, in which case one party must assume responsibility for the payment of the bills for water service for all premises so supplied.  (See Rule 5.---“Multiple Premises”)

m) Meters shall not be located in driveways or parking areas, and when driveways or parking areas shall be established in the area where a meter or group of meters is located, such meter or meters shall be moved from driveway or parking area at the expense of the property owner.  The city may refuse to render service through said meters after proper notice until brought in compliance with this rule.

9.         TAPS AND MAINS:

(a) Meter Taps:  

Each Application:
5/8" meter.......... $1,100.00
1" meter .............$1,200.00
2" meter and above $1,700.00 + meter cost
Plus any additional costs for pipe and materials.

b) Application for a tap or connection to the mains of the City must be made at the office of the City, on forms supplied by the City.

c) The application shall state the purpose for which the water is to be used.

d) Each application shall be accompanied by the payment of the appropriate fee based on meter size under schedule 9 (a).  The City of Irondale will make all taps on City water mains regardless of size.  It will be the applicant’s responsibility to furnish, install and pressure check all tapping tie-ins above 2”. Taps outside the city limits are considered on an individual basis, tap fee is doubled plus cost, plus deposit.

e) Upon making application and payment of the tapping fee referred to in this section, the City will deliver a meter loop to the applicant or his agent.  However, where a tap is desired to bring service to the curb, in advance of paving and not for immediate use, the City will deliver a curb cock to the applicant in lieu of a meter loop.  Ownership of the meter loop or curb cock shall remain vested in the City.

f) Receipt by the City of an application for a tap shall not obligate the City to make such tap.  If the service applied for cannot be supplied in accordance with the City’s Rules and Regulations, the applicable regulations or ordinances of other public authorities, or due to physical limitations of the City’s water distribution system, the liability of the City shall be limited to the return of any tapping fee made to the City by said applicant, after fittings issued by the City have been returned.

g) When the provisions for an application for a tap or a connection to the main have been complied with and when the customer or his agent has exposed the main to be tapped in a proper manner and has installed the service connection and meter loop (except for curb taps) the City will then tap its main, connect the customer’s service connection and turn water into said connection.

h) All taps made in the mains of the City shall be performed only by the City or authorized agents of the City.

i) The City may specify the size, kind and quality of all materials to be used in the service connection.

j) The customer shall pay for all costs and expenses incurred for making taps and installing service connections and service lines, except the following:

1. Furnishing corporation cock (up to and including 1” only).

2. Furnishing meter loop, furnishing and installing meter and meter box.

k) Not more than one service connection shall be installed to supply a single premises except that a private fire service connection may also serve a premises having a regular service connection and except as herein provided in section 8 Subsection (b).  A customer who desires a new or larger service connection must expose the main at the point of the tap for the old service connection so that it can be disconnected at the time a new tap is made.  Any deviation from these provisions will be permitted only on specific approval of the City, and under such terms and conditions as it may require.  However, where a premise can be considered to lie on both sides of a public street or alley, a separate service connection and meter may be installed for the property on each side of such street or alley.  If two or more premises are combined or consolidated into one, all service connections except one shall be disconnected and the City so notified.

l) Service connections shall be installed and meters shall be set in front of the premises to be served unless the premises to be served is located on a corner lot with an adequate water main on the side street.  In this case permission may be granted to make the connection directly into the premises from the side street.  Any deviation from this provision must have specific approval of the City.

m) The City will maintain at its expense the service connection between the main and the meter (except private fire service connections) unless the meter is installed at the curb line, in which case the City will maintain the service connection only between the main and the curb line.

n) When, as determined by the City’s inspectors, an insufficient flow of water is received within the premises, and the City determines that this is due to the condition of the service connection and not increased demand, the City will, at its expense, replace the service connection between the main and the meter or the curb line provided the customer has replaced the service line beyond the meter or curb line as recommended by the City.

10.             SERVICE LINES AND FIXTURES:

a) Service lines will be owned by the customer and will be installed by and at the expense of the customer from the meter to the point of use, or from the curb line to the point of use; if the meter is not installed at the curb.

b) Water will not be supplied through any service line, fixtures or appurtenances which the City may consider detrimental to its interest or which might unnecessarily waste water.

c) No person except an employee of the City or a person specifically authorized by the City is permitted to turn the water on or off at the meter.

d) The City shall not be liable for any damages to the customer’s service line, plumbing, fixtures, or property, alleged to be caused by high pressure, by low pressure, or by fluctuation of pressure.  It is the responsibility of the customer to provide at his expense any regulating devices or appurtenances required to adjust the pressure carried in the main serving his premises to a pressure suitable for the customer’s requirements.

e) The City shall have the right but shall not be so obligated to inspect any service line installation or plumbing system before water service is furnished or at any later time.  The City reserves the right to refuse to inaugurate or to continue service to any service line, plumbing or other installation not in accordance with these Rules and Regulations or other requirements of the City.

f) Any failure to inspect, accept, or reject a customer’s service line installation or plumbing system shall not render the City liable or responsible for any loss or damage which might have been avoided, had such inspection, acceptance or rejection been made.

g) Each service line must, at the expense of the owner thereof, be provided with an appropriate back-flow preventer and ball valve with box to be placed within 4’0” downstream of the meter in the service line and to be under the control of the customer; such ball valve to be used in case of breakage of the service line or fixtures, or for making repairs, or to shut off water to prevent freezing.

11.             PRIVATE FIRE SERVICE CONNECTIONS:

a) Service connections for water to be taken for the extinguishment of fire shall be made only upon written application of the owner or his agent or the occupant of the premises to which such service is to be supplied and on forms furnished by the City.

b) No water may be taken through such private fire service connections, except for the extinguishment of fire or for testing purposes.  In case of testing the customer will notify the City in advance in writing.

c) The City reserves the right to require the customer to install on private fire services, at the customer’s expense, a detector device or devices approved by the City to monitor the unauthorized use of water through private fire service connections, and to charge for such water taken at regular rates, and to require that use of water through said private fire connection, except as provided in paragraph (b) of this Section, be discontinued.

d) Not more than one private fire service connection shall be made to a single premise unless specifically authorized by the City.  If more than one private fire service connection should be authorized the City reserves the right to specify the design of connections and protective devices to be installed at the customer’s expense.

e) The City shall make all fire service taps on mains regardless of size.  It will be the applicants responsibility to furnish, install, and pressure check all tapping tie-ins above 2”.

f) Charges for fire service taps are as follows: $400.00 service connection fee plus $125.00 per inch for all fire service taps.  Plus additional costs of double detector back flow preventer meter (if applicable) or other requirements.

g) Private fireplugs will be $125.00 per plug per year.  Fire protection systems shall be charged a yearly fee according to the size of the fire service tap for sprinkler systems.  These are:

            4" Service........... $89.64

            6" Service........... $150.00

            8" Service........... $232.32

            10" Service......... $595.80

            12" Service...... $1,388.04

All fire plug meters rented out:  $1,500.00  Deposit.  A minimum bill will be charged for a 3" meter plus $3.85 per 1,000 gallons of water used.

12.        MAIN EXTENSIONS:

            The City will require that all main extensions are the responsibility of the customer desiring the extension and the cost will be born by the customer.  Ownership of said extension will become the City’s, at the City’s option, upon approval of the State Health Department of the water quality in the line.  Material quality and inspections will be set by the City.  

            OPTIONS:

            The City will make main extensions, of reasonable length from the existing mains where adequate pressure and quantity are available, but only in dedicated public streets where finished grades have been established.

            I. These main extensions will be made on the following terms and conditions:

a) Applicant shall deposit with the City an amount equal to the estimated lineal feet of pipe required to serve applicant multiplied by a unit cost per foot or main as such unit cost may be fixed form time to time by the City.

b) Where rock excavation or paving is encountered, the deposit shall include these items on the basis of estimated cost, which shall be adjusted to actual cost when it is ascertained.

c) Upon completion of the excavation, should the actual number of feet installed be more or less than the number of feet originally estimated, the depositor shall immediately deposit with the Water Works System an additional sum representing the difference between the estimated footage and the actual footage installed, or shall receive a refund from the Water Works System, as the case may be.

d) Deposits so made shall be refundable to the depositor at the election of the depositor after all costs of construction have been met.

e) In any case the total amount of refunds to any depositor will not exceed the adjusted amount of the deposit.

f) No refunds will be made for public fire hydrants installed on said extensions at the expense of the City and no refunds will be made on account of temporary connections.

g) Applications for service must be made on contract form prescribed by the City.

h) The City shall determine the size and type of the pipe to be installed at the point or points of connections to existing mains for all main extensions.

i) The unit cost per foot of main is $45.00 plus cost of pipe and materials.  The City reserves the right to change the unit cost at any time without notice.

j) Extensions made under this rule will remain the property of the Water Works System. The Water Works System may further extend its distribution mains beyond the terminus of any water main extension made under this rule and the depositor will not be entitled to any refund for attaching the customers to further extensions of the water mains.

k) No interest will be paid by the Water Works System on the deposit or any unrefunded balance.

I). Where extension of the City’s water mains is necessary for furnishing service to single premises; the owner of the premises may have the main extended under the following conditions:

1. The owner of a single premise to be served will deposit with the City the estimated cost of extending a 6” ductile iron main; the City, however, will install, and bear the additional cost of a larger sized main if it chooses to do so.
2. When the extension has been completed, the deposit will be adjusted to actual footage installed as outlined in Section 12-1-(c) above.
3. When the owner has connected his service line to the new main and becomes a bona fide customer, he will be given the unused portion of his deposit.  No further   refunds will be made for any other connections, which may be attached to this main at a future date.