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HomeMy WebLinkAboutOrdinance - 444-1929 - Regulating The Distrobution And Sale Of Water. - 06/06/1929.. ---... L.. - ORDINANQE NO 444 AN ORDINANCE PROVIDING FOR RUIES AND REGULATIC!fS CONTROLLING THE DISTRIBUTICE AND SAIE OF WATER TO OONSUMERS BY THE C~TY OF LUBBOCK WATER WORKS, AND PROVIDING THAT FOR A VIOLATIOO OF ANY OF SUCH RULES AND REGULATIONS THAT THE WATER BE CUT-OFF; REGUIATING THE MAKING OF CONNECTIONS WITH THE CITY LINES j METERS; RATF.s TO CONSUMERS OUTSIDE OF CITY; ~UIRING DEPOSIT BY CONSUMER; FIXING A DUE DATE FOR PAlMENT OF WATER BILLS; FIIlNG RESPONSIBll.ITY FOR LEAKAGE; PROHIBITING THE TURN-ON OR OFF OF WATER FROM STREEl' STOP=COCKS WITHOUT WRITTEN PERMIT FROM CITY; PROHIBITmG CONSUMERS TO SUPPLY OTHER PERSOOS WITH WATER WITHOOT PERMIT; PROHIBITING EXTPNSION FROM ONE WILDING TO ANOTHER; PROVIDING FOR INSPECTION OF PREXISES; CON'!'BOLLING SERVICE REPAIRS AND Rl!NEWALS; PROVIDING FOR SAFETY VALVES FOR :OOILERS; REQUIRING APARTMENT HOOSES TO PROVIDE SEPARATE CONNECTIONS AND METERS FOR EACH APARTMENT; PRESCRIBING THE KIND OF SERVICE PIPES AND MAKING PROVISIOO FOR RELAYING IRON SERVICE PIPES WITH LEAD UNDER SPECIFIED CONDITIWS; PROVIDING FOR TEMPORARY DISCONTINUANCE OF WATER ANJt OR ELECTRIC SERVICE WITHOUT NOTICE UNDER SPECIFIED CONDITI<fiS; RESERVING THE RIGHT TO MAKE FUTURE RULES .AND REGUµTING; PROHIBITnm TAPPING OF STREET MAms, EXCEPT BY CITY EMPLOYEES; PROVIDING FCR THE PLACING OF SERVICE PIPE TO ONE FOOT INSIDE CURB LINE AND FOR STOP-COCK AND STOP-BOX UNDER EXCLUSIVE CONTROL OF CITY; PROVIDING FOR PAIM!NT FOR TAP AND SERVICE AND PRO- HIBITING PLUMBER OR OTHER PERSOOS COMMENCING WORK BEFORE TAP AND SERVICE IS PAID ACCORDING TO SCHEDULE FURNISHED; REGULATING THE DEPl',H OF SERVICE PIPES AND PROVIDING FOR STOP AND WASTE; PROHIBITING OPENING OF FIRE HYDRANTS, DEFACING EQUIPMENT AND PLANT; REGULATING HOSE ATl'ACHMmTS AND STOP-COCK BOXES AND CONNECTIONS WITH ELEVATED TANKS; PROVIDING FOR CHECK VALVES; REQUIRlNG Sm'ARATE SERVICE PIPES FROM SIDEWALK AND SEPARATE SIDP-COCKS AND BOXES; DEFINING AND PROHIBITING TAMPERING; PROHIBITING DIVERSICN FROM WATER METERS, PIPES OR MAINS; INTERFERENCE WITH METERS AND PREVENTING OF THE PASSAGE OF WATER THROOGH METERS; PROVIDING WHAT SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF KNOW- LEDGE AND INTENTIOO OF DEFRAUD BY DIVERSION OF WATER ; AND FROVIDING FOR A PENAL'i'Y FOR THE VIOLATION OF ANY OF THE PROVISIOOS OF THIS ORDINANCE; PROVIDING THIS ORDINANCE TO BE COMULATIVE WITH ALL ORDINANCES NOi' IN CONFLICT; AND PROVIDING THAT ALL OF THE PROVISIONS OF THIS ORDINANCE SHA.LL BE DEEMED TO BE INCORPORATED IN EVERY CCNTRACT BETWEEN THE CITY OF LUB:OOCK AND EACH AND EVERY CONSUMER, AND THAT SUCH CONSUMER SHALL BE CHARGED WI'l'f{ KNC7tlLEDGE OF THE PROVISIOOS OF THIS ORDINANCEo WHEREAS, it hae become necessary and desirable to provide reasonable rules and regulations tor the caiduet of the business of the City ot Lubbock Water Works owned and operated by the City of Lubbc,ck in the sale and distribution of water from its plant, mains and system to conewners in the City ot Lubbock and vicinity; and HEREAS, the succeeding provisions ot this ordinance, after investigation by the City Commis- sion of the City ot Lubbock, have been found to be reasonable rules and regulations tor the conduct ot such -btJ:siness; NOW, THEREFORE., BE IT DRD/iINED BY THE CITY COMMISSIOO OF THE CITY OF LUBBOCK: " SECTION I " All property owed and controlled by the Oit;r of Lubbock, including its plant, .........._water supply, mains and syetem. and the erganization used by said City in f'umishing an adequate supply of water to the inhabitants ot said City and vicinity, shall hereart.er constitute and be known as the City Water Works . SECTION II All water !umished by' the City Water Works to its consumers shall be measured by meters. The size., type and right to own and control all meters installed or used by consumers of its water shall be determined by said City Water Worke, which shall keep &11 meters owned by it in repair withwt expense to consumer. When it is impractical to meter water tor 1pecial occasions, water may be sold and charged for at estimated consumption upon a written permit i1sued llllder the same conditions as prescribed in the tollewing paragrapho All water furnished to the various departments of the City of Lubbeck shall be measured by meter and paid for on the same basis as any other consllDler except that where it i8 impossible to meter the consumption, as 1n the case of tire h:ydrants, a flat rate may be designated by the Commission, and payment b&sed upm such rate shall be made in the usual way o Under QO conditions shall fire hydrants be used tor f'urnieh- ing water except tor Fire P•~rtment or Sewer Department, provided, h8W'ever that the Water Superintem,ent 'Qy and -with th, con•~nt and approval et the City Manager may grant a speoia~ ~z,nif. in wn,ting to contPlletors or other engaged in Street Improvement or other con~tuction lllOrk under su~~ regu,l.ationa as may be prescribed by the City . . : ; .. ! :. : ,. . . . . . . ,, , __ Manager, to use water from not. more than one opening on Fire Hydrants o · SECTION IIi All meters lt inch and larger to be f'tirniehed by water user., the owner thereof shall have his meter repaired when notified by-the City Water Works to do so and, in the event of his failure or refusal to repair same, the City Water Wprke shall repair the same and charge the cost of same to said coneumer and shall add it te hie water bill and the same rules applying to amounts due on water furnished ehall apply to these repair bi_llso SECTION IV Should any meter fail to register correctly the amount of water used by a consumer since the previous reading, the right shall exil!!lt on the part of the City Water Works to average tne month and charge for water on the basis or any three mont'bs I average, SECTION V Meters shall be read monthly, and the ccnsumer notified in writing, or otherwise and proet of this notice may be made by showing of a statement sent te the la.st known address of said consumer, et the amount due frem him to said City Water Works, stating in said 11ot :ice that Water l:iil11 shall become due and payable at the City Hall on the date the bill is rendereda Said bill ehall carry a discount of 10% fer a peried of ten days from its due date, after which date the gNl!ls bill must be paid. If, within .fifteen days aft.er the date of the bill, the amount due is not paid, it will be suf'fi- cent not.iee from the consumer to discontinue services and service shall· be discentinued and not re-established until the full amount due has been paid, plus $1~00 additional for turning water back ono If it ie deemed necessary by the City Water Works to remove consumers imter in order to stop the use of water until past due amounts are paidJ then in this event the City water Works shall make an additional charge of $2000 for removing and resetting meter. Where water is cut off from any consumer or from any premises on account of non- payment for water service furnishedt the City Wat.er Works shall not permit water to be again furnished to the said premises., or to the said consumer at any other premises until the full amount delinquent. sh.all have been pa.ido SECTION VI The City Water Works shall be autherized to furnish water at or inside the City limits to consumers eutside the City Limits upon such terms9 conditions and rates as may from tlllle to time be prescribed by the City Commiss101l by Resolutionj except that in no event shall such rates be lower than the schedule of rates charged consumers with- in the City Limitso Nothing in this section of this ordinance or any other ordina.nce 1 shall be con- strued to compel thi · City Water ··w~rR.s 'to .'.ftlrJ;listt consuers beyond the corporate limits er to continue such supply once bitgun,; and the City Water Works reserves the right ta furnish such customers it deems ~dvf'sable ' aha' at any time wholly or partially to dis- continue the supply upon violation of any ot the terms of this ordinance had such cons um, r resided in the City o SECTION Vll Before any consumer sy have water service from the City Water Warks he must deposit with the City Water Works a reasonable amount as in the opinion of the City Water Works may be necessary, except that no deposit shall be tor an amount less than $5.00. Said deposit shall bear interest at the rat8 of 6% per annumjl and shall be refunded to the depositor when he shall have discontinued the use of city water and for electric service and shall have paid all bills and accounts due the City Water Workl!!I for any acceunt watever connected with the water service and/or electric service, and shall return receipto It the receipt is lost, he must give security to the City Water Works or furnish the City Water Works satisfactory evidence of his right to receive the deposit. This deposit is required and made in the nature of a guarantee for the pay= ment of water service accounts and/or electric service accounts» and damages to service connections or meters cal.Qted through the neglect, abuses, or failure to pro= -2- ' J perly care tor the same by the consumer or his agents.11 and the said deposit or any part thereof may be applied by the City Water Works to the payment of any such account when it becomes past dueo This deposit shall not be made nor accepted in the nature of a prepaymentjl but only as a guarantee. Failute to pay the water bill and/or electric bill when due by-the consumer is considered notice from consumers to discontinue service and apply-so much er the depesit as is necessary for the payment of the then past due account. In case any-deposit or any part thereof shall have been applied in payment of past due accountsjl no service may be re-established until the deposit shall have been brought back up to the full amount required. SECTION Vlll All prG>perty owners, their agents and tenants shall be held respensible as COJ!l- sumers for loss of water, due to leakage in pipe or plumbing inside the discharge side of the meter or on said propertyJ and if this water is not. psid for according te the rates then in effect, when it becomes due 9 the water shall be cut-eff by the City Water Works and not turned on again mM.l all claims are paid or adjusted to the satisfaction n of the City Water Workso In the event of any change in ten&'Pt, or C4!>nsumersll in rented property 9 and there existsjl at the time, arrearages for past leakage, the landlord and preperty owner shall be held to acoount for payment fer this leakage jl before service will be extended and water furnishedll to the second tenanto SECTION IX Ne plumber, or any at.her person, sha:µ tum on or off water from the street stop- cock without a written Jl! rmit first obtained from the City Water Werks » except only- in caee of repairso SECTION X No consumer shall supply water to other persons or to other families or suffer them to take it.11 except for use on the premises, with0ut the permission of the City Water Workso SECTION XI ~ ~~ , After water is intr(l)duced into a building or upon any-premises" the same shall ( } ),~ot. be extended by any plumber or any other person to any other premises for additional -· fixtures. SECTION XII Two houses shal.1 tut, be permit,ted t0 be supplie4 with one service pipe where 0 there is a water main ii tront of the premises or op either side thereGf ll bui mall have separate service pipes. Two 0:r more houses fronting on a street or streets, wh·ere there is no ·watet mainjl my be supplied with one service connected with the main, said -·service being of sufficient size te insure ample supply, but in such cases ea.ch of said houees sha.],). have a separate , servi~e pipe jl step-cock and meter. SECTION XIII Every person taking water from the City Water Warks shall at all reasonable times permit the superintendent or his agents.11 to enter the premises and building for examin- ation of pipes and fixtures_, and the manner in which the water is Wied, and refusal by any consumer shall result in refusal of water supply from the City Water Works until such permia sion. be granted. SECTION nv The City water Worka reserves the right to make all repairs and renewals of service pipes from main t0 curb and it shall be unlawful far any other person , or personss, te repair or renew service pipes from main te curbp SECTION XV All boilers for heating water shall be previded with safety valves and a check valve shall be placed on service pipe!;! to protect the meter from hot water,. -Any consumer failing to comply with this pre,q,i~ shall have his water supply wt-off and. not ' .. 0 1 ' turned on a.gain until such valve has been insta.lledo All steam bo:i,lers camecting direct with city supply are required to ' previde a tank tor at least t .welve hours storage~ Churchesll opera hcusesi theatresj sch•ols and factories ma.y be supplied thr0ugh one connection with the street nain. SECTioN XVI All Buildings used aa flats or apartment houses shall be required to pr•vide a separate cennection with the main and meter for each apartment and upon non-canpliance with this provisioni the City Water Works shall cut oft the supply for the entire building or any portion thereof deeed prap11r, it i:, previded further, hCMever 1 that any ruildings used as flats or apartments lilhich oontain more than four separate f'lats er apartments may upon request Gf the owner be served through one meter ll such water te be paid for by the amer in accordance with rates in ef'fecto SECTION XVll Should any consumer feel that his meter is registering impreperly, he shall make reqll!lst in writing to the City Water Warks to have his meter tested. The smoe shall be tested as quickly as J>"Sible and if there is as mu.ch as a 2% error in the regist- ering of a meter l inch or less, or an error of J% in a meter larger than 1 inch, there shall be no charge for teating 9 but in case there ie nC:rti such an error 9 then the con- sumer shall pay $1.00 for the said test. SECTICN XVIII All service pipes hereafter laid shall be of extra heavy lead pipe 9 unless the use of service pipes of braes or other material shall be autherized by the Water Work Superintendent. All iren. pipes9 upen becoming defective and impracticable to repair, or in tho event that the street in which the same is l9e1ated shall be paved, shall b~ relaid with extra streng lead pipe prior to the paving of the street; and any owner or agent or consumer of said service failing or refusing to re~lay said services, when notified to do se by said City Water Works, prier to such paving are given nol:.ice that no water supply will be furnished in the future to such premises until the service is re=laid with extra etrong lead pipe at the expense •f such owner or consumer desiring the same and that the cost of such renewal after the street is paved practically doubles cost before paving, according to schedule of rates for said work on file at the Office of the City water WorksD SECTION XIX The right is reserved by·the City Water Works to temporarily diaeontinue and te re=connect witheut notice water supply to all consmmirs for the purpose of ma.king repairs, connectione 9 extensions and cleaning of mams, ma.chineryj reserveir or any part ot said City Water Works. SECTION :XX It shall be unlawful f'or an,-plumber, •r personjl other than the tapper employed by the City Water Works j to tap any street main•» make connections with the street mains er to extend i,ervice pipes from mains to one foet inside the curb line i, and te place a stop-c•ek and stop bex at that point j · &nd all or this equipment shall be under the exclusive control of the City Water Works, and said tap and service shall be paid for by the plumber ordering the work done befere work is eonmenced, according to schedule of prices on file in the City Water Works 1 office, copies et which shall be furnished to all licensed plumbers upen applieati~n upon revision. SECTION XXI All service pipes shall be laid eighteen inches under the gound and previded with stop and waste inside the prQperty line, such as to properly drain all pipee above ground. SECTION XXII It shall be unlawful for any-person, except a member G)f the Fire Department. er employee of the City, to open er ume water trom a tire hydrant .9 or to take off the cap -4= .. .. ~ except as hereinbetore providedo . SECTION XXIII It shall be unl.awf'ul ter any pera.n in any manner to deface the houses;i• wallsp maehineey er fixtures c0nnected with er pertaining to the City water Works and its syetemo SECTION xnv All hese attachmep.ts when lec&ted on the sidewalk as well as stop-ceck boxesp must have suitable iren cever with top nush with surface of sidewalko SECTION XXV All elevated tanks l•cated on roots of buildings for water distribution bel•w may be constructed with one connection direct between the mains and said tankll bqt no ether connection shall be made on eaid line to the tank;i and a check valve shall be placed on said service to the tank as near the entrance of the building as poesibleo In case an additional supply ie desired;i a separate connection shall be ma.de with the uain as previded fer stores and office buildingsj but in no case shall a connection larger than two inches be made with the city mains. SECTION XXVI It shall be unlawful. for any person to individuallyj ofin association with othersi willfully break, injure er tamper with any part of the water works system of the City fer any purpose whatHever;i ar in any other ma.nner maliciously to interfere with or prevent the running and operation .af such system and the water supply thereino SEC TI 00 XXVII Wheever intentionally by any means or device prevents water from i:;assing threugh any meter belonging to the City Water Works or Wied in connection with the supply-et water to any consumer by said City-Water Works to register the amount ef water pusing through meters, or intentionally prevents a meter from duly registering the quan~ity ef' water supplied;i or in any va:y, interferes with its proper action or just registration er without the consent in writing of the superintendent of said City Water Works intentienally diverts any water from any pipe or pipes. of the City Water Works, or .therwise intentienall.y uses, er causes to be usedll without the cons,ent ef the City Water Werks any water> p~ed er distrubuted by said City Water Wc,rks or an;y person who ntaine posse21si_on ,t;;r,,,.• ~Bed to deliver any meter or other appliance leaned t• him by the City Water W•Jl!liF-~the purpei,e of furnishing water through same with int:.ent te def'faud said City Water Werksll shall for every such offense be fined as hereinafter previ~ed. The presen~e at any t~me on or about any such meter or pipe of any device or pipes resulting in the diversion of water preventing of its free paseage and registeration by the ~ter or diverting from the meter as abeve defined or resulting in the prevention in wate.r reaching the meter ll ar preventing the juat registration of the meter or meters er the taking of any water except through a meter as-·above · set .forth shall eonetitute prima .f'acie evidence of · knowledge · on the part et the persen owning or having cust•dy and cont.rel or the room 1 building» pl.ace or premises where such device or pipe is of the exist~ce thereer and knowledge of such existence to the person who would be benefiting by the failure of the water to be properly metered, and shap: f'urthel" ·constitute prima facie evidence or intention on t he part of such person or persens te defraud and shall bring such person prima faoie within the scope, meaning and penalties of this artic'.l..e and ordinance. \, . SECTION XXVIII A vielation of any 0£ the above rules and regulations of the City Water Werks ae set out in the proceeding sections» or a doing or causing to be done by any person or b persens, firm 0r &Hociationli ef any of the things or acts forbidden or made unlawf'ul . in any of the pr0ceeding sections» shall be deemed to constitute a viel.atien under the terms of this ordinancell and an et1ten.sell and punishable as such and for each and evf!lry vielation of the terms of this ordinance the persenii firm association or corporation shall, upen cenviction thereef in the Cerpera.tion Court P be tine<i not less than Twenty-Five Dollars ($25.00) nQr mere than One Hundred Dolli.fa ($100.00). .. SEC'l'I Clf XXIX Any person , firm er c-.,•rati<!l'l.. vh• shall vi•late the terms of Sectien XXVII •f this Grdinance shall be punishable by tine, upon eonviction.11 as previded 1n the pre- ceeding section.11 am each day such viel.ation shall continue shall be deemed to constitute a s~parate offense and puniahable as aucho SECTION XXX If any section er prt of a section of this ordinance shall be declared 11]-valid it shall net effect the validity •f any ether section er pertion et this ordinance.11 by the same shall remain in full f•rce and e!teet o SECTION XXXI This ordinance shall repeal every prier ordinance in conflict herewith.11 but only insGtar as the pertie1>ns of such prier ordinances shall be in conflict and as to all ether sections ef ordinances and ordinances not, in direct conflict herewith , thia udinance shall be and is hereby ma.de cumulative. SECT! Cti XXXII All et the previsiens et this erdinanee shall be deemed to be incerpera.ted in every contract, between the City-Water Werks and its consum,rs and each cen8Umer shall be charged with knowledge or the previli•s et this erdinancei and .11 by applying and accepting water .f'rem the City Water W•rks, to have assented t• the pr•vieims hereet. /e/ H. Do Wcieds Mayer ATTEST: /s/ W. H . Redger s City Secretary APPROVED AS TO FORM : Gity Attorne7 Copies made by: Mike Hall.nan Cit1 Secretacy Orr.