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HomeMy WebLinkAbout1676 Regulations Governing Water ServiceORDINANCE NO. AN ORDINANCE PRESCRIBING THE REGULATIONS GOVERNING WATER SERVICE IN THE CITY OF ASHLAND, OREGON; REPEALING ORDINANCE #1412, AND PROVIDING THE PENALTY FOR VIOLATION THEREOF. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The "Regulations Governing Water Service" marked Exhibit "A" and attached hereto are hereby incorporated into this Ordinance as though fully set forth herein and they are the rules and regulations governing ~he use and sale of water within andwi~J!lQ~ the City of Ashland from the Municipal Water System of Ashland, Oregon. SECTION 2. Ordinance #1412 which pertains to water service regulation and rates is hereby repealed. SECTION 3. Every person who willfully violates any of the provisions of this Ordinance shall, upon conviction thereof, be punished by imprisonment not to exceed ninety (90) days or by a fine not to exceed $500.00, or by both such fine and imprisonment. A copy of the foregoing Ordinance was given to each Council Member and three copies were provided for public inspection in the office of the City Recorder, on or before March 30, 1971 and Notice of their availability was given by means of a written Notice posted at the Ashland City Hall and by advertisement in the Ashland Daily Tidings, a newspaper of general circulation and published in the City of Ashland which was first re~d'By title alone at a regular meeting of the Common Council held on the 8th day of April, 1971, and passed to its second reading by title alone and duly adopted on the 27th 1971, the vote being as follows: day of April, Ayes 9/ Nays. / Approved2 ~ · / CITY RECORDER. RONALD L. SALTEF~ EXHIBIT "A" WA REGULATIONS GOVERNING ER SERVICE CITY OF ASHLAND, OREGOr; Ordina~ce No. 1676 Adopted: April 27,1971 SUBJECT INDEX To REGULATIONS GENERAL PROVISIONS Subject Section 1 Section 2 Section 5 - 5.2 5.5 Section 4 - 4.1 Section $ - S.1 5.2 S.5 Section 6 6.1 6.2 Section 7 - ?.1 7.1.1 7.1.2 7.1.3 7.1.4 7.2 7.$ 7.4 7.5 7.6 7.7 Section 8 - 8.1 - Definition of Terms Service Area Application for Service Information Required Changes in Customer's Use or Equipment Turn-on Charge Contracts Application as a Contract Credit Establishment and Deposits Establishment of Credit Re-establishment of Credit Deposits and Return of Deposits Notices Notices to Customers Notices from Customers Service Connections and Meters Service Connections Size and Location Installation Charges Installation and Maintenance Joint Service Lines Meters Sub-Meters Change in Location of Meters Connections Changes in Size'of Meter or Connections Ownership Maintenance Bills and Payment Rendering of Bills or Service Service Page 1 1 2 2 2 2 5 5 $ 5 5 4 4 4 4 5 5 5 5 6 6 6 6 7 7 7 SuspEcT iNDEX T~ REGulATIoNs GENERAL PROVISIONS Subject 8.1.1 8.1.2 8.1.3 8.1.4 8.1.5 8.2 8.3 Section 9 - 9.1 Section 10- 10 . 1 10 .,2 10 .:3 10 .,4 10.5 10.6 10.7 10.8 10.9 Section 11- 11 1 11 2 11 3 11 4 11 5 11 6 Section 12- Section 13- 13.1 13.2 Section 14- Meter Readings Frequency of Billing Opening and Closing Bills Payment of Bills Responsibility for Payment of Bills Combined Billing of Separate Meters Miscellaneous Bill Meter Error or Test Failure to Read Meters Discontinuance of Service On Customer Request Temporary Disconnection of Service Non-payment of Bills Unsafe Apparatus Service Detrimental to Others Privately Owned Pipe Lines Fraud and Abuse Noncompliance with Regulations Restoration - Turn On Charge Temporary Service Definition Application Time Limit Charge for Water Served Installation Charge and Deposits Responsibility for Meters and Installation Ponds and Tanks Fire Hydrants Use of and Damage to Fire Nydrants bloving of Fire Hydrants Responsibility for Customer Equipment Page 9 9 9 10 10 10 10 11 11 11 11 11 12 12 12 12 12 13 13 13 13 1¸3 SUBJECT INDEX TO REGULATIONS GENERAL PROVISIONS Subject Section Section 16.1 16.2 Section 17.1 17.2 17.3 17.4 17. ;5 17.6 17.,7 Section Section Section Section Section Section Section Section 25.1 25.2 25.3 25.4 15- Damage to City Property 16- Control Valves Page Separa.te Control Valves for Each Premise Customer Control Valves 14 14 17- Cross Connections 14 14 18- 19- 20- 21- 22- 23- 24- 25- 15 Health Regulations City Requirements Plumbing Code Siphon or Injector Pumps Lawn or Garden Sprinkling Systems Protection Against Circulating Flow Back Flow Prevention 15 15 15 15 15 16 16 Ground Maintenance 16 Surge Control 16 Water Waste 17 Sewer Services Charge 17 Access To Premises 18 Responsibility for Service Interr6ptions in Service 18 18 Air Conditioning and Refrigeration Regulationl8 Definitions Water use and Conservation Installation and Sanitary Protection Effective Date 18 19 19 20 Sub~ ect Section 1.1 1.2 1.2.1 1.2.2 1.3 1.3.1 1.3.2 1.4 1.4.1 1.4.2 1.5 1.5.1 1.5.2 1.5.5 1.6 1.6.1 1.6.2 1.6.5 1.7 1.7.1 1.7.2 1.7.3 1.7,4 1.8 1.8.1 1.8.2 1.8.3 SUBJECT INDEX TO REGULATIONS INSIDE PROVISIONS Basis of Rates Resale of Water Residential Service Definition Residential Water Rates Industrial Service Definition Industrial Water Rates Commercial Service Definition Commercial Water Rates Irrigation Service (Domestic Water) Definition Irrigation Water Rates (Domestic Water) General Irrigation Service (TID Water) Definition Irrigation Water Rates (TID Water) General Fire Protection Service Definition Fire Protection Service Water Rates Pressure and Supply General Bulk Water Service Definition Bulk Water Rate General Page 21 21 21 21 21 21 22 22 22 22 22 22 22 22 23 23 23 25 24 24 24 24 25 25 25 25 25 26 .Subj Section Section Section 1 Section 2 2.1 2.2 2.3 Section 3 3.1 3.2 3.3 3.4 3.5 Section 4 - Section S - Section 6 - Section 7 - 7.1 7.1.1 7.1.2 ?.2 7.2.1 7.2.2 7.3 SUBJECT INDEX TO REGULATIONS INSIDE PROVISIONS 2 - Classification of Accounts 3 - Allowance for Leakage OUTSIDE PROVISIONS Definition of Terms Surplus Water Use of Definition of Surplus Water Rights to Surplus Water Service Preference and Responsibility to Serve Application for Service Proration of Surplus Water Temporary Discontinuance Conditions of Service Failure to Supply Extension of Facilities Allowance for Leakage Fire Protection Classification of Accounts Residential Service Definition Residential Water Rates Industrial Service Definition Industrial Water Rates Commercial Service Page 26 27 28 28 28 29 29 29 29 30 30 30 31 31 31 31 32 32 32 32 33 33 33 33 SUBJECT INDEX TO REGULATIONS OUTSIDE PROVISIONS Subject ?.5.1 Definition ?.5.2 Commercial Water Rates 7.4 Irrigation Service 7.4.1 Definition ?.4,.2 Irrigation Water Rates 7.5 Fire Protection Service 7.5.1 Definition 7.5.2 Fire Protection Service Water 7.5.3 Pressure and Supply 7.5.4 General 7.6 Bulk Water Service 7.6.1 Definition 7.6.2 Bulk Water Rates Rates Page 35 34 34 34 34 34 34 34 35 35 35 35 35 REGULATIONS GOVERNING WATER SERVICE Preface Water service is furnished by the City of Ashland by and through the Common Council. Ail transactions concerning water service should be made through the office of the City Administrator in the City Hall. The regulations contained herein are divided into three classifications. The "General Provisions" apply to all customers served by the Ashland City Council. The "Inside Provisions" apply only to customers within the City limits of the,City of Ashland. The "Outside Provisions" apply only tO customers outside of the City limits of the City of Ashland. Regulations General Provisions Section 1: DEFINITION OF TE~S City: The word City appearing in these regulations means the City of Ashland, Oregon, its authorized agents or employees. Applicant: An individual, firm or corporation or agent of any individual, firm or corporation applying for water service. Customer: An individual, firm or corporation receiving water service from the City. Premises: For the purpose of these regulations, the word "premises" shall be defined as a continuous tract of land, building or group of adjacent buildings under a single control with respect to use of water and responsibility for payment therefor. Subdivision of such use stitute a division into defined. or responsibility shall con- separate premises as herein Mains: "Main'' shall mean a water line designed or used to serve more than one premise. Permanent Mains: Permanent distribution mains are defined as mains 2 inches or larger in diameter and of cast iron, ductile iron, asbestos cement or properly pro- tected steel materials. Temporary blains: Temporary distribution mains are defined as mains of non-durable materials such' as galvanized steel, black iron, or plastic of all diameters. Service Lines or Service Connections: Tile pipe, valves and other facilities laid from the main to and includ- ing the meter, or to the curb stop or shut-off valve on an unmetered service connection. Customer Line: The pipe, valves and facilities leading from the meter or curb stop into the premises served. Section 2: SERVICE AREA The City will furnish service to all of that area within the boundaries of the City of Ashland where facilities are avail- able and to such other areas as in its sole discretion may be in the best interest of the City of Ashland to serve. ~1- Regulations General Provisions Section 3: APPLICATION FOR SERVICE 3.1 Information Required Each applicant for water service must sign a written application therefor on standard forms provided by the City, setting forth: (1) The date of application. (2) The location of the premises to be served. (3) The date on which the applicant will be ready for service. (4) Whether the premises have ever before been supplied by the City. (S) The purpose for which the service is to be used. (6) The address to which bills are to be mailed or delivered. (7) Whether the applicant is owner or tenant of, or agent for, the premises. (8) An agreement to abide by all regulations of the City in effect at the time service is accepted or as may be adopted, changed or modified thereafter by the Council. (9) Such other information as the Council may reason- ably require. The application is merely a written request for service and does not in itself bind the City to serve. 3.2 Changes in Customer's Use or Equipment Customers making any material change in the size, char- acter, or extent of the equipment or operations utilizing water service, or whose change in operations results in a large increase in the use of water or results in the applica- tion of a different rate schedule, shall immediately give the City written notice of the nature of such change and, if necessary, amend their application. 3.3 Turn-On Charge If upon acceptance of an application by the City, the applicant requests that a turn-on be made and that service commence at a time outside of regular working hours of City employees which are Monday through Friday, excepting holidays, 8 A.M. to 4:30 P.M., a turn-on charge of $15.00 will be made to cover the additional costs, including overtime labor, in perfor~ning the turn-on. Regulations General Provisions Section 4: CONTRACTS 4.1 Application as a Contract In case the premises of the applicant are connected for water service as a result of acceptance of his application, the application given in writing shall be considered as a contract in which the applicant agrees to abide by such rates and regulations as are in effect at the time of the signing of the application, or as may be adopted, changed or modified thereafter by the City, and to pay all bills promptly. Section 5: CREDIT £STABLIS~4ENT AND DEPOSITS 5.1 Establishment of Credit The credit of the applicant for service will be deemed established: (1) If the applScant makes a cash deposit with the City 5.2 to secure payments of bills for service. If the applicant signs an "Application for Waiver" and the City accepts such waiver. Re-establishment of Credit Deposit An applicant who has been a customer of the City and whose service has been discontinued for failure to pay his water bill may be required to re-establish his credit by making the regular cash deposit before re-connection of ser- vice is made. An applicant who has been a customer of the City at the premises or some other premises than those specified in the application and who still owes the City for unpaid bills for material, labor or water service shall be required to pay all outstanding bills and be required to establish his credit as provided under Paragraphs 5.1 before connection for service is made. Service may be denied anyone who uses any subterfuge whatsoever to avoid payment for service. 5.3 Deposits and Return of Deposits At tl~e time of making the deposit as required under Paragraphs 5.1 and 5.2 the applicant for service will be given a receipt for the same. Deposit receipts are not negotiable or transferable. -3- Regulations General Provisions The deposit is not to be considered as a payment on the account. If at any time a bill to a customer is not paid within ten days after presentation, the deposit may, at the option of the City, be applied on the account thereof, and a new deposit required within five days. Failure to pay the new deposit will result in immediate disconnect action. The deposit will be refunded, without interest, upon the return of the deposit receipt properly endorsed, provid- ing water is no longer desired and all bills for labor, mat- erials and water service have been paid in full. The City may, at its option, after the deposit has been held for twelve consecutive months and provided service has been continuous and all billls for such service have been paid promptly, refund the deposit without application. Section 6: NOTICES 6.1 Notices to Customers Notices from the City to a customer will normally be given in writing and either mailed or delivered to him at his last known address. Where conditions warrant and in emergencies, the City may resort to notification either by telephone or messenger. 6.2 Notices from Customers Notice from the customer to the City may be given by hlm or his authorized representative orally or in writing at the City's office in the City Hall or to an agent duly authorized to receive notices or complaints. Section 7: SERVICE CONNECTIONS AND METERS 7.1 Service Connections 7.1.1 Size and Location Subject to its approval, the City will install a service connection of the size and location requested by the applicant provided that 'the size requested is one that is listed by the City. When the location of the -4- R~gulations General Provisions service connection is selected by the applicant, he shall assume full responsibility for interference with other structures, including existing underground utility installations. The City reserves the right to determine the size and type of service connection and meter to be installed, based on the estimated rate of water use by the applicant and pressure conditions and to determine the location of service connections. The minimum size shall be 3/4 inch. The service connection will be in- stalled from the water distribution main to the curb line of the premises which may abut on the street or other thoroughfares, or on the City's right-of-way or easement. The meter and curb stop location will be as near the main as practicable, normally in the parking strip between the curb and property line. 7.1.2 Installtion Charges Charges for service connections are payable in advance and shall be as established by the City in regu- lar published schedules. Charges for service connects within subdivisions where main lines are constructed by developers or persons other than the City shall be the same as noted in the regu- lar published schedules. 7.1.3 Installation and Maintenance Only duly authorized employees or agents of the City will be permitted to install a service connection or meter from the City's main to the consumer's premises. Ail meters and connections to meters shall belong to the City and shall be the sole property of the City. This provision applies to services on existing mains and on mains being installed in subdivisions or elsewhere which will be part of the City system. 7.1.4 Joint Service Lines The City may, at its option, serve two or more premises with one service connection. On new service connections, the inside diameter of such joint lines shall be such that its carrying capacity shall not be less than the combined capacities of equivalent 3/4 inch service lines to each of the premises. 7.2 Meters Meters will be installed at the termination of the service connection and shall be owned by the City and installed or removed at its expense. No rent or other charges will be paid by the City for a Regulations General Provisions meter or other facili%ies, including housing and connections, located on a customer's premises. All meters will be sealed by the City at the time of installation and no seal shall be altered or broken except one of its authorized employees. by The location of the meter must be in a place satisfactory to the City. Ordinarily, the meter will be installed outside of the building and between the property line and curb line. Customers shall keep their premises adjacent to the meter free from all rubbish or material of any kind which would prevent employees'of the City from having free access to the meter during normal working hours. The City reserves the right to meter any service and apply the established metered rates. 7.3 Sub-Meters Where a water meter or meters are used to measure the total water used as in an apartment house or other multiple use,'the City will not furnish or read auxilliary or sub- meters used for the customer's convenience. Change in Location of Meters or Service Connections If at a later time it becomes necessary to move, raise or lower an existing service connection, meter or curb stop, the cost of such work will be billed to the customer unless such changes are beyond his control such as changes in grade or width of a street. Changes in Si~e of Meter or Service Connections If a customer desires an enlargement of a service connection, he shall be charged for the cost of the enlargement. Permanent reduction in the size of meters on existing services will be made without charge to the customer for meters up to 2 inches in size upon application by the customer. The cost of increases in the size of meters or reduction in size of meters larger than 2 inches in size will be charged to the customer. 7.6 Ownership The service connections and meters, whether located on -6- Regulations General Provisions public or private property, are the property of the City, and the City reserves the right to repair, replace and maintain them, as well as to remove them upon discontinuance of service. ?.7 Maintenance. The service connection, including the meter and the meter box, will be repaired and maintained by the City at its ex- pense, but the City is not responsible for the installation and maintenance of water lines beyond the end of its service connection. Damage by the customer to the service connection including the meter and meter box will be paid for by the customer at the current rate of labor and materials plus applicable over- head. 8.1 Section 8: BILLS AND PATIENT Rendering of Bills ~8.1.1 Meter Readings Meters will be read at regular intergals for the ~p!reparation of regular bills, and as required for the Ipreparation of opening bills, closing bills, and special The Otywill keep an accurate account on its books of the readings of meters and such account so kept shall be prima facie evidence of use of water service by cus- tomers and shall be the basis on which all bills are com- puted for meter service. Metered service bills will be based on the consump- tion to the nearest 100 cubic feet. A minimum charge will be made as set forth in the published rate schedule. 8.1.2 Frequency of Billing Bills for metered accounts will be rendered monthly. 8.1.3 Opening and Closing Bills Opening bills, closing bills and monthly bills rendered for periods smaller or greater than normal will be based on meter readings. -7- Regulations General Provisions 8.1.4 Payment of Bills Bills are due and payable at the Recorder- Treasurer's office or to an authorized collector on the date of mailing or presentation, and become delinquent ten (10) days thereafter, except irrigation charges as set out in Section 1.6.2, of Inside Provisions. When bills are delinquent, the City may demand that the full amount of both delinquent and current bills be paid in full. 8.1.5 Responsibility for Payment of Bills The responsibility for payment of charges for all water furnished to single units or premises must be assumed by the applicant. The responsibility for payment of charges for all water furnished to combined units, supplied through a single service connection, must be assumed by the applicant. 8.2 Combined Billing of Separate Meters The City may refuse to serve any premise through more than one service connection. Where service through multiple service connections is provided, the water used through each service connection will be billed separately and the monthly service charge for each meter shall be applied. The combining of the readings of meters in separate service connections will not be permitted. 8.3 Miscellaneous Bill Bills for amounts due the City for labor, materials, equip- ment rental or other miscellaneous items will be rendered as soon as practical after completion of said service. Terms for payment of said bills are net thirty days. A service charge of one percent (1%) per month may be made on amounts remaining unpaid for thirty days after rendering of a bill. Section 9: METER ~RROR OR THST Whenever any metered customer shall make complaint that the bill for any month is excessive, the Director of Public -8- Regulations General Provisions Works shall, upon request, have such meter reread and service inspected for leaks. In case nothing is found faulty from said cursory inspection and the customer should then desire that the meter be tested, the City may require the customer to deposit an amount to cover the reasonable cost of the test. The amount of deposit shall be at the rate of $2.50 per inch diameter of meter but not less than $2.50. The deposit will be returned to the customer if the meter is found upon test to over-register more than five percent (5%) under conditions of normal operation. In case of a nonregistering meter the City may bill the customer for water consumed while the meter was net registering. The bill will be at the minimum monthly rate or will be computed upon an estimate of consumption based either upon the customer's prier use during the same season of the year or upon a reason- able comparison with the use of other customers receiving the same class of service during the same period under a similar circumstance and condition. 9.1 Failure to Read Meters In the event that it shall be impossible or impractical to rea~ a meter on the regular reading date, the water consump- tion shall be pro-rated on the basis o£ 30 days per month. Section 10: DISCONTINUANCE OF SERVICE 10.1 On Customer Request A customer may have his water service discontinued by giving written notice to the City reasonably well in advance of the desired date of discontinuance. If notice is ~ot given, the customer will be held respons- ible and will be required to pay for water service until the City learns that the customer has vacated the premises or otherwise has discontinued service. 10.2 Temporary Disconnection of Service Any person wishing to discontinue the use of water supplies to the premises for a period of not less than one month without paying for the same must give notice in writing thereof to .the City Recorder-Treasurer and pay to him all arrearage, if there by any, whereupon he shall cause the Director of Public Works to turn the water off, and to turn it on again for applicant without further charge. -9- Regulations General Provisions 10.3 Non-payment of Bills A customer's water service may be discontinued if a bill has become delinquent if, in the judgement of the City, such action is necessary to enforce collection. If an account of a customer receiving water service at more than one location becomes delinquent, water service at all such locations may be discontinued to enforce collection of the delinquent account. Any amount due the City for labor, materials, or miscell- aneous items will be billed separately, but if bills therefor become delinquent, such charges may be included with the customer's water account and, if necessary, water service may be discon~ tinued until such amounts owing for labor, materials or miscell- aneous items are paid. Non-payment of sewer facilities charge shall be deemed a just and sufficient reason for discontinuance of water service. 10.4 Unsafe Apparatus The City may refuse to furnish water and may discontinue service to any premises where plumbing apparatus, appliances, or equipment using water are dangerous, unsafe or not in conformity with any laws or ordinances. The City does not assume liability for inspecting apparatus on the customer,s premises or property. The City does reserve tile right of inspection, however, if there is reason to believe that unsafe apparatus is in use. 10.5 Service Detrimental to Others The City may refuse to furnish water and may discontinue service to any premises where the demand is greatly in excess of past average or seasonal use, and where such excessive demands by one customer are or may be detrimental or injurious to the service furnished to othbr customers. The City may refuse to furnish water and may discontinue service to any premises where excessive demands by one customer will result in inadequate service to others. 10.6 Privately Owned Pipe Lines The City may, at its discretion~ discontinue the delivery of water to any privately owned main or pipe line when such main or pipe line shall not be maintained or constructed in accord- ance with the regulations as now or hereafter adopted. Regulations General Provisions 10.7 Fraud and Abuse The City shall have the right to refuse or discontinue water service to any premises to protect itself against fraud or abuse. If a meter u~der-registers due to tampering with the meter or piping or in any other way causing under-registration, the service may be discontinued and will not be re-connected until the customer has made adjustment for the loss in revenue and given satisfactory assurance that there will be no more of such tamper- ing. When service to a customer has been discontinued for non- payment of bills, the City will not re-connect the service under the name of any other member of the family. Any person who shall supply water in any way to others who ar~e not eligible for service or to those who have had their water ~service disconnected by the City for any reason shall be deemed guilty of an unlawful act and be punished according to the pr.ovisions of these regulations or the ordinance adopting these !regulations. Further, the City Council may disconnect wate~ service to any person supplying water to others unlawfully. 10.8 iNoncompliance with Regulations The City may discontinue service to a customer for non- compliance with any of these regulations if the customer fails to comply with them within five days after written notice is given by the City of its intention to discontinue service. If such noncompliance affects matters of health and safety, and conditions warrant, the City may discontinue water service immediately. 10.9 Restoration ~ Turn On Charge The charges for restoring water service which has been discontinued for non-payment of bills or for non-compliance with these regulations shall be $5.00 if such restoration of service can be done during regular office hours or $15.00 outside of regular office hours. The charge for restoring water service may not be made if the water service is being turned on at the same time and location as the electric service and a restoration charge is being made for the electric service. Section 11: TEMPORARY SERVICE fl.1 Temporary service is defined as service for circuses, -11- Regulations General Provisions bazaars, fairs, construction work and similar uses, that because of their nature will not be used steadily or permanently. 11.2 Application Application must be made in the regular manner and a meter shall be installed by the Water Division. The installa- tion shall be paid for by the applicant before service or water is used. 11,3 Time Limit Temporary service connections shall be disconnected and terminated within three (3) months after installation unless an extension of time is granted in writing by the City. 11.4 Charge for Water Served. Charges for water furnished through a temporary service connection shall be at the established rates for other like customers. 11.~ Installation Charge and Deposits The applicant for temporary service will be required: (1) To pay the City in advance the estimated cost of installing and removing all facilities necessary to furnish such service. (3) To deposit an amount sufficient to cover bills for water during the entire period such temporary service may be used, or to otherwise establish his credit. To depos{t with the City an amount equal to the value of any equipment loaned by the City to such applicant for use in temporary services. 11.6 Responsibility for Meters and Installation The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the City which are inv61ved in furnishing the temporary service from the time they are installed until they are removed, or until forty-eight (48) hours notice in writing has been given to the City that the customer is through with the metered installation. If the meter or other facilities are damaged, the cost of making repairs shall be paid by the customer. -12- Regulations General Provisions ~ Section 12: PONDS AND TANKS When an abnormally large quantity of water is desired for fil~ing a pond or tank or for other purposes, arrangements shall be made with the City prior to taking such water. Permission to take water in unusual quanitites will be given only if it can be safely delivered through the City's facilities and if other consumers are not inconvenienced. Section 13: FIRE HYDRANTS 13.1 Use of and Damage to Fire Hydrants No person or persons, other than those designated and authorized in writing by the City shall open any fire hydrant, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this regulation will be prosecuted according to law. 13.2 Moving of Fire Hydrants If a property owner or other party desires a change in the size, type or location of the hydrant, he shall bear all costs of such changes, without refund. Any change in the location of a fire hydrant shall be made by Public Works personnel. Section 14: RESPONSIBILITY FOR CUSTOMER EQUIPMENT The customer shall, at his own risk and expense furnish, install and keep in good and safe condition all equipment that may be required for' receiving, controlling, applying and utilizing water, and the City shall not be responsible for any loss or damage caused by the improper installation of such equipment, or the negligence, want of proper care or wrongful act of the customer or any of his tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, oper- ating or interfering with such equipment. No reduction will be made in charges for water service for want of supply by the stoppage of customer's lines from freezing or any other cause. The City shall not be responsible for damage to property caused by spigots, faucets, valveY, or other equipment that are open when water is turned on at the meter or curb stop, ~ither when the water is turned on originally or when turned on after Regulations. General Provisions a temporary shut down. Section 15: DAMAGE TO CITY PROPERTY The customer shall be liable for any damage to a meter or other equipment or property owned by the City which is caused by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including breaking or destruction of seals and locks by the customer on or near a meter or curb stop. The City shall be reimbursed by the cus- tomer for any such damage promptly on presentation of a bill. If a meter is damaged from hot water from the customer's line, the customer may be required to pay for the cost of repairs of tho meter and for the loss of revenue occasioned by the damage, and the customer shall immediately make the necessary corrections in his own water lines to prevent further damage to the meter. Section 16: CONTROL VALVES 16.1 Separate Control Val~es for Each Premise Customer lines shall be so placed that the supply to each house, family or consumer may be controlled by a separate stop. In the event that more than one building is served through one meter, each building shall have its own separate stop which will discontinue the water to the building without effecting the others. 16.2 Customer Control Valves The customer shall install a suitable control valve which will control the water supply to his premises in accordance with the provisions of the City of Ashland Plumbing Code. The City's curb stop or control valve is the City's property and any person or agent of any person, other than authorized employees of the City, who operates any valve or curb stop which is the property of the City shall do so at his own risk and the City will hold any person responsible for the cost of repairing any damage to the City's property caused by such operation. Any customer desiring temporary discontinuance of service should turn off his water supply at his own control valve. The City will not assume liability for any damages or injuries sus- tained through failure to properly exclude the water from a premise. -14- Regulations General Provisions Section 17: CROSS CONNECTIONS 17.1 Health Regulations Regulations of the Oregon State Board of Health and the Drinking Water Standards of the United States Public H~alth Service prohibit cross connections between the public water supply and any unapproved source of water. 17.2 City Requirements The City will not permit any physical connection between a private water supply or any other supply to the City's distri- bution system, Tile City will immediately discontinue water service to any premises or customer where such a condition occurs until such time as the cross connection is eliminated. Customers using the City's water supply and any other water supply on the same p~emises shall install and maintain a separate plumbing s~stem for the City's water supply which shall be separated by an air gap of not less than one foot from any other supply, except that the City may permit physical connection to another water supply through a back flow prevention device approved by the City and the Oregon State Board of Health for the particular instal.lation. 17.3, !Plumbing Code Customers shall install, maintain and operate their plumb- ing systems using the City's water supply in accordance with tile Oregon State Plumbing Code and in accordance with the City of Ashland Plumbing Code, if applicable. Swimming pools, wading pools or other such devices shall be constructed so that the conduit or pipes supplying the water from the City's distribution system, shall at the point of outlet of the supply conduit or pipe, be at least one foot above the top of the overflow gutter. 17.4 Siphon or Injector Pumps It shall be unlawful for any person to install, maintain or use any water siphon or injector type pump operated for drainage purposes which uses the water supply from the City's distribution system. 17.5 Lawn or Garden Sprinkling Systems Customer lines leading to lawn or garden sprinkling systems using the water supply from the City's distribution system shall contain a siphon breaker to prevent back-siphonage of water that -15- Regulations General Provisions may be standing on the lawn in the event of interruption of service. Such devices shall be regularly inspected by the customer and shall be serviced, overhauled, or replaced when- ever they are found to bo defective and all costs of inspection, repair and maintenance shall be borne by the customer. The City may require an approved backflow prevention device at its des- cretion. 17.6 Protection Against Circulating Flow In the event that a customer is served by more than one service connection and that the connections are .interconnected on the customer's premises, a standard check valve approved by the City shall be installed and maintained by the customer in each of the customer's lines leading from the service connections. 17.7 Back Flow Prevention In the interest of protecting the public potable water system from contamination, when a hazard or potential hazard to the public water system is found on a consumer's premises, the City may require the consumer to install a back flow prevention device approved by the City and the Oregon State Board of Health for the particular installation at each public water service connection to the premises. The method and location of the installation of backflow prevention devices shall be approved by the City and the initial cost, installation and maintenance of such devices shall be borne by the consumer. Section 18: GROUND WIRE ATTAC~IENTS The attachmen~ of any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the City by any person shall be at his own risk and the City will assume no liability for damage to property or injury to persons caused by such grounding being made ineffectual through removing of a meter or other break in electrical conduc- tivity. The City will hold the customer liable for any damage to its property occasioned by such ground wire attachments. Section 19: SURGE CONTROL The City may discontinue service to customers wherein the customer's rate of water use is suddenly changed as caused by a quick closing valve or other device thus creating excessive pressure surges in the public water system, or, in lieu of elimina- tion of the surge producing equipment b7 the customer, the City may approve the installation and operation of City approved surge -ltl- Regulations General Provisions suppression devices by the customer at his expense. Section 20: WATER WASTE Where water is wastefully or negligently used on a customer's premises, seriously affecting the general service, the City may discontinue the service if such conditions are not corrected after due notice by the City. Water shall not be furnished to any premises where there are defective or leaking pipes, faucets, closets or other fix- tures, or where there are water closets or urinals without self closing valves and when such leakage or other defects are dis- covere8 and not corrected, the City may discontinue service after giving due notice and until repairs are made. Water must not be allowed to run to waste through any faucet or fixture or kept running any time longer than is actually necessary. Sprinkling of lawns, gardens and parking strips shall be confined to what is actually needed and no running to waste on sidewalks, streets and gutters shall be permitted. When any such waste is discovered, the water service to the premises may be discontinued. Water used for irrigation purposes during the irrigation season shall not be allowed to bewaste8 or run off the property where it is supposed to be used and water from City water mains shall not be used between the hours of 10:00 P.M. and 5:00 A.M. of each day and in case of shortage of water, other rules made by the Director of Public Works shall~be observed the same as this ordinance. Section 21: SEWER SERVICES CHARGE The City wil% collect from each user of water from the water system of the City of Ashland such sewer service charges as may be established by the City Council of the City of Ashland. The amount of such sewer with the regular water charges item on the utility bill. service charges will and will be shown as be billed a separate Non-payment of sewer service charges shall be deemed a just and sufficient reason for discontinuance of water service to the premises for which the sewer service charge has not been paid. Regulations General Provisions Section 22: ACCESS TO PRE~{ISES The City or its duly authorized agents and employees shall at all reasonable times have the right to enter or leave the customer's premises for any purpose properly connected with the service of water to the customer. Section 23: RESPONSIBILITY FOR SERVICE The City will exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of pure water to the customer and to avoid any shortage or interruption of service. The City will not be liable for high or low pressure conditions, chemical, bacteriological or physical conditions, interruption, or shortage or insufficiency of supply or any loss or damage occasioned thereby. The use of water upon the premises of the customer shall be at the risk of the customer and the responsibility of the City shall cease at the point of delivery of water. The point of delivery shall be at the customer's side of the meter. Incase of shortage of supply, the City reserves the right to give preference in the matter of furnishing service to customers as in its judgement shall be for the best interest of the City of Ashland from the standpoint of public convenience or necessity. Section 24: INTERRUPTIONS IN SERVICE The City, whenever it shall find it necessary or convenient for the purpose of making repairs or improvements to its system shall have the rig]it to suspend temporarily the delivery of water. Repairs or improvements ~ill be prosecuted as rapidly as is practicable and, so far as possible at such times as will cause the least inconvenience to the customers. Whenever possible, and as time and circumstances permit, all customers affected by such interruptions in service will be notified prior to such interruptions. The City shall not be liable for any damage or loss caused by temporary interruption of service or the failure to notify the customer of such discontinuance. Anything herein co~tained to the cont~ary notwithstanding, the City shall not be liable for loss or damage in consequence from the interruption in service arising from any cause. Section 25: AIR CONDITIONING AND REFRIGERATION REGULATIONS 25.1 Definitions Regulations General Provisions For the purpose of these regulations, the following terms shall have, and shall be construed to have the following meanings: The terms "air-conditioning system" and'¥efrigeration system" shall include any combination of equipment, whether compressor or other type, by which heat is removed from the air and from which the accumulated or effluent heat is wholly or partially removed by the use of water.. (2) "Air-conditioning system" shall mean an installation for maintenance, by heat removal, of temperatures which are less than 60° F. (3) "Refrigeration system" shall mean an installation for maintenance, by heat removal, of temperatures which are less than 60° F. (4) "System" shall mean any combination of apparatus, individual unit, group or collection of units supplied with water through any customer service pipe connected to the public water system. (5) "Rated capacity in tons" shall be considered as not less than the following: (a) total maximum BTU's per 24 hours of capacity of the installation divided by 288,000; or (b) the nameplate horsepower of any compressor prime mover unit, for any air-conditioning installation; or (c) two-thirds of the nameplate horse- power of (b) above,, for any refrigeration installation. 25,2 Water Use and Conservation All air conditioning systems and refrigeration systems having rated capacities in tons exceeding 3-tons per 24 hours shall be equipped with evaporative condensers, cooling towers, spray ponds or other water cooling equipment and said equipment shall be of sufficient capacity to insure that the requirements for make-u~ water when operating under a full loading at maximum summer temperatures shall not exceed 0.25 gallon per minute per ton of rated capacity, except that air conditioning systems used exclusively for heat removal from private residences may have a capacity of not to exceed 5-tons per 24-hours without the use of water cooling equipment provided that the water passed through the air conditioning system for heat removal is then used for irrigation or sprinkling of the lawn or garden appurtenant to the residence from which the heat is removed. 25.3 Installation and Sanitary Protection No piping connection shall be installed which would permit direct use of water from the public water system and which would -19- R~gulations General Provisions allow the by-passing in part or in entirety of the necessary evaporative condenser cooling tower, spray pond or other water- cooling equipment. There shall be a physical break between the public water supply piping and the piping of the installation, so arranged as to make impossible back siphonage to the public water supply system. An approved back flow prevention device may be required at the option of the Ciiy. 25.4 Effective Date For new installations, these regulations shall be effective immediately. Existing installations shall be modified to conform to the provisions of these regulations whenever such existing installa- tions are improved, increased in capacity, relocated or changed in any manner. In the.event that a critical condition develops in the public water supply system, all installations not equipped to conserve water shall be subject to immediate discontinuance upon notice. ~20- Regulations Inside Provisions PREFACE These special provisions of the regulations relate to the furnishing of water service to those customers whose premises are located within the boundaries of the City of Ashland and shall apply only to such customers and the use of water in such area. These special provisions are in addition to the foregoing General Provisions. Section 1: BASIS OF RATES 1.1 Resale of Water All rate schedules are based on service to one customer at one poink for each class of service and will not apply for purposes of resale. In no case shall water be sold by the City to indivi- duals orlpriyate corporations for resale purposes by them. 1.2 Residential Service 1.2.1 Definition ~ Residential water service shall be defined as the provision of water service for household domestic purposes wherein are carried on the usual family functions of living, sleeping and the preparation of meals, and including water for sprinkling lawns, gardens and shrubbery in connec- tion with the residence and other similar and customary purposes. 1.2.2 Residential Water Rates Residential water rates shall be as established by the City in regular published rate schedules. Such rates shall be on a metered basis. Residential water rates shall apply tO residences and separately metered dwelling '~ units. In the event more than one residence is on a meter, the minimum charge shall be made for each residence and the quantity of cubic feet in each block of the rate schedule shall be multiplied by the number of residences on each meter. The Director of Public Works shall have the authority to require that each residence by separately metered. 1.3 Industrial Service -21- Regulations Inside Provisions 1.4 1.5 1.3.1 Definition Industrial water service shall be defined as the provision of water service to premises wherein the manu- facturing or processing of a product is performed. 1.3.2 Industrial Water Rates Industrial.water rates shall be as established by the City in regular published rate schedules. Such rates shall be on.a metered basis. Commercial Service 1.4.1' Definition Commercial water service shall be defined as the provision of water service to premises wherein trade, commerce, or business is carried out or a service is per- formed. It shall include service to multiple family resi- dential units served by a single service. 1.4.2 Commercial Water Rates Commercial water rates shall be established by the City in regular published rate schedules. Such rates shall be on a metered basis. In the event real property under different ownership is connected to a single meter, the consumer shall be charged the minimum rate for each business and the quantity of cubic feet in each block of the rate schedule shall be multiplied by the number of businesses on the meter. The Director of Public Works shall have the authority to require each busi- ness to have a_separate meter. Irrigation Service (Domestic Water) 1.S.1 Definition Domestic irrigation service shall be defined as the provision of water service to a premise through the domestic water system for sprinkling lawns, gardens, pasture, or orchards. 1.5.2 Irrigation Water Rates (Domestic Water) Domestic irrigation rates shall be as established by the City in regular published rate schedules. Such rates shall be on a metered basis. Any person or persons desiring water through City -22~ Regulations Inside Provisions 1.6 water mains (when same cannot be supplied by TID lines) for irrigation purposes for any premises in excess of one- half acre, excluding a 10,000 sq. ft. plot on which any residence is constructed, shall pay therefor for each metered service a minimum charge as set forth in the published rate schedule during the period from April 1st to October 30th of each and every year and shall have a separate meter therefor. If, with the consent of the Director of Publiq Works, irrigation services are used during other periods of the year, the charge therefor will be made at the metered rate as heretofore provided for the residence or business use, whichever pertains. 1.5.3 General At any time, when due to shortage of water supply the Director of Public Works, in his discretion, deems it necessary for the public health and safety of the citizens of Ashland, may order all water for irrigation purposes discontinued or establish hours that the services may be used, even though no discontinuance or curtailment of residential and business consumption is required. Irrigation Service (TID Water) 1.6.1 Definition TID irrigation service shall be defined as the provision of water service to a premise through the TID water system for sprinkling lawns, gardens, pasture, or orchards. 1.6.2 Irrigation Water Rates (TID Water) TID irrigation rates shal'l be as established by the City in regular~published rate schedules. Such rates shall be on metered and/or on unmetered schedules, If more ~than one acre foot of water is used per acre or if the water is served by a 2" or larger pipe, a meter may be installed and charges made as provided for metered TID water. The payment for the Talent Irrigation water shall be made as follows: One-third when water is turned on, one-third thirty days thereafter, Jnd the bal- ance at the expiration of sixty days from the date when the water is turned on. All persons using Talent Irrigation water having grievances as to amount of land checked by the City may, upon application to the Recorder-Treasurer, have the same rechecked at any time and if upon the rechecking an over- charge is found to have been made by the City, there shall -23~ 1.7 Regulations Inside Provisions be no charge made for said rechecking; otherwise, the party aggrieved shall pay the cost of such rechecking at the rate of $3.00 per hour for each man required in so doing. 1.6.3 General Any person who shall allow or supply in any way others with water or who shall willfully misstate the amount of land to be irrigated and the location of said land or who shall use Talent Irrigation water for irrigation pur- poses without first having filed application with the Dir- ector of Public Works for the same or who shall irrigate more land than named in said application or any land not so named in said application, shall be deemed gui.lty of an unlawful act and be punished according to the provisions of these regulations or the ordinance so adopting these regulations. At any time, when due to shortage of water supply the Director of Public Works, in his discretion, deems it necessary for the public health and safety of the citizens of Ashland, he may order all water for irrigation purposes discontinued or establish hours that the services may be used. The term "Irrigation season" as it relates to these regulations and the use of TID irrigation water is deemed to mean the period of time when water is available to the City from the Talent Irrigation District. Fire Protection Service 1.7.1 Definition Fire protection service shall be defined as the provision of water service to a premise for the purpose extinguishing fires. of 1.7.2 Fire Protection Service Water Rates Fire service rates shall be as established by the City in regular published rate schedules. Such rates shall be flat rate based on the inside diameter of the service. No charge will be made for water used to extinguish accidental fires. Standby fire protection service connections of 2 to 12 inches in size will be installed only if adequate provi- sions are made to prevent the use of water from such ser- vices for purposes other than fire extinguishing. Sealed, -24- 1.8 Regulations Inside Provisions dry type fire sprinkler systems with water operated alarms shall be considered as having such adequate provisions~ A detector check or meter shall be installed in standby fire protection service connections to which hose lines or hydrants or wet type sprinkler systems are connected. If water is used from a fire service in violation of these regulations an estimate of the amount used will be computed by the City and the customer shall pay for the water used at the regular commercial meter rates. And in addition, future service for this connection shall be through a meter at scheduled rates, or the City may, at its option, discontinue the service. 1.7.3 Pressure and Supply The City assumes no responsibility for loss or damage because of lack of water or pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution system. The service is subject tolShut-do~ns and variations required by the operation of!the system. 1.7.4 General l~bor vault, Ail new fire services shall be installed at actual and materials cost, including the cost of meter and and metered with a "detector check" meter. Non-metered private fire protection services in existence at the time of the adoption of these regulations may be continued without the installation of a meter until the installation of a meter is required by the Director of Public Works. Bulk Water Service 1.8.1 Definition · Bulk water service shall be defined as the provision of water service through a fire hydrant or other outlet for the filling of tank trucks, control of burning trash or other temporary bulk uses. 1.8.2 Bulk Water Rate Bulk water rate shall be as established by the City in regular published rate schedules. Such rates shall be on a metered basis. The rate shall be the same as provided for commercial use, except that there shall be a minimum charge and a deposit required as provided on the rate schedule. -25b Regulations Inside Provisions 1.8.3 General Persons desiring to take water from fire hydrants shall obtain a permit specifying location and conditions under which water may be ebtaineS. 'The Water Division shall furnish the necessary facilities and equipment and no other equipment shall used. be Section 2: CLASSIFICATION OF ACCOUNTS Service to a multiple family dwelling unit or apartment house housing two or more households or families shall be classed as commercial service unless there is a separate water service to each separate apartment in which case the service to each such separate apartment shall be classed as single family resi- dential. A building shall be considered as coming under the commercial classification when it manifestly has been built or altered to provide for two or more households. Mobile home courts or parks shall be classed as commercial accounts. Mobile home courts are defined as any premises, or substantial part thereof, designed, equipped, and used for the installation or parking of house trailers to be occupied as resi- dences, where most of the spaces are offered or made available on monthly, or longer, rental periods. Premises constructed or altered for the accommodation of travelers or transients, including motels, hotels, and trailer courts, shall be considered as coming under the commercial classi- fication. Trailer courts are defined as any premises, or sub- stantial part thereof, designed, equipped and used for the parking of house trailers occupied as living or sleeping quarters, where most of the trailer spaces are offered to the transient, tourist, or traveling public for temporary use. A dwelling designed and built for a single family residence shall be classed as single family residential if the rooms have not been altered to provide for the functions of more than one household and separate households are not maintained. A private boarding house where there are not more than three sleeping rooms may be classed as a single family residence provided the proprietor of the house lives in the house and those who take meals in his house are regular boarders or roomers and provided the house does not maintain two or more households. In considering t%vo household apartments, cabins or living -26- Regulations Inside Provisions quarters containingnot over three rooms that are detached and in the rear of the residence and not facing on another street may be classed as an additional apartment. The City may refuse to serve two or more separate houses or premises through one meter. Where such service is at present provided, the minimum charge will be made for each residence and the quantity of cubic feet in each block of the rate schedule shall be multiplied by the number of residences on each meter. The Director of Public Works shall have tile authority to require that each residence be separately metered. Where two or more commercial establishments or a residence and commercial establishment are located on separate and dis- tinct parcels of land or in separately owned or managed buildings and are served through one meter, the amount of the bill shall be computed as in the preceding paragraph, except that the commercial rate shall apply. Where a residence and commercial establishment are combined in one building or operated in connected buildings, they may be served b~ one meter and the commercial metered rate shall apply. Section 3: ALLOWANCE FOR LEAKAGE THe customer retains control over the use of water on his premises and as such is responsible for all water passing through the meter including water which may be lost or wasted through leaking pipes or fixtures. No allowance in charges for water used will be made for water used by reason of leaks that occur on the customer's premises or in the customer's line except that in extreme hardship cases when the occurrence of a leak is beyond the control of the customer and when the customer makes an immediate and diligent effort to repair the leak as soon as possible after discovery and when such leak has been personally observed by a representative of the City, the City may, upon application by the customer, make an adjustment for water used not to exceed fifty percent (50%) of the excess caused by the leak. -27~ Regulations Outside Provisions PREFACE These special provisions of the regulations relate to the furnishing of water service to those customers whose premises are located outside of the boundaries of the City of Ashland and shall apply only to such customers and the use of water outside of the boundaries of the City of Ashland. These special provisions are in addition to the foregoing "General Provisions". Surplus water may be sold by the City outside of the bound- aries of the City of Ashland to individual customers. Section 1: DEFINITION OF TERbIS In addition to those terms defined in the "General Pro- visions", there are certain additional terms relating to cus- .tomers outside of the boundaries of the City of Ashland defined as follows: Fordyce Street Customer: The term "Fordyce Street Customer" as used in these regulations means a customer on Fordyce Street who obtained a water connect from the City prior to 1951. Oak Street Customer: The term "Oak Street Customer" as used in these regulations means a customer on Oak Street north of the City limits who obtained a water connect from the City under a 1952 agreement between the City and L. Lusk et al. Bellview Water Customer: The term "Bellview Water Customer" as used in these regulations means a customer who obtained a water connect by purchase of a share in the Bellview Co-operative Water Association. The Association plant and facilities were purchased by the City in 1964. Oak Knoll Water Customer: The term "Oak Knoll Water Customer" as used in these regulations means a customer who obtained or obtains a water connect from the City on premises within the Oak Knoll Subdivision. Section 2: SURPLUS WATER 2.1 Use Of Water disposed the City of Ashland of or sold outside of the boundaries of shall only be surplus water. -28- RFgulations Outside Provisions 2.2 Definition of Surplus Water Surplus water shall mean water from time to time available to the City at such point or points of connection for sale to users thereof outside of the boundaries of the City of Ashland and remaining after unrestricted use of its water for any and all purposes and use within the City of Ashland for the City of Ashland's municipal purposes without said City, and use pur- suant to special agreements of others with the City of Ashland. 2.3 Rights to Surplus Water Customer's rights of use of surplus water of the City of Ashland shall not be prior or superior to the rights to the use thereof heretofore and/or hereafter granted to others by the City and shall at all times be subject to the regulations of the City relating to outside users and any such regulations ororders thereof regulating, limiting or restricting the supply of water to any customer which shall from time to time, in the sole discretion of the City, be deemed advisable or necessary for the distribution and use of the surplus water of the City of Ashland, taking into consideration the water system of the City of Ashland, the condition thereof, the surplus water available, requirements and use thereof, and such other condi- tions as the City shall deem pertinent. Section 3: SERVICE PREFERENCE AND RESPONSIBILITY TO SERVE 3.1 Application for Service The City reserves the right to act on each application for service to customers outside of the boundaries of the City of Ashland, its merits and without regard to any other past or present applicant or service. The City will determine the meth- od of extension of mains and the size of main, services, and meters in each case. Service to Oak Street Customers is subject to provisions set forth in the 1952 agreement between the City and L. Lusk et al. Service to Bellview Water Customers is subject to provisions set forth in the 1964 agreement between the City and the Bell- view Co-operative Water Association. Bellview Water'Customers who purchased a water service for $250.00 as set forth in the 1964 agreement, between January 1, 1964, and May 26, 1964, may be credited $125.00 toward their sanitary sewer service at the time of connecting to the sewer system. -29- Regulations Outside Provisions Service to Oak Knoll Water Customers is subject to pro- visions set forth in the 1962 agreement between the City and the Oak Knoll Corporation. 3.2 Proration of Surplus Water In the event of shortage or insufficiency of surplus water, the City may, in its sole discretion, regulate the use of o~.prorate its surplus water between its various customers outs~e of the boundaries of the City of Ashland. The method of such regulation or proration and the quantity of surplus water available to each customer outside of the City of Ashland shall be at the so'le discretion of the City and in no event shall the City be obligated to, at any time, limit, restrict or regulate the supply or use of water within the City of Ashland for any purpose whatsoever, or use outside of the City of Ashland for any municipal purpose of the City of Ashland, in order to provide surplus water for customers outside of the boundaries of the City of Ashland. 3.3 Temporary Discontinuance The City may, in its sole discretion, temporarily discon- tinue the delivery of water to customers outside of the bound- aries of the City of Ashland in order to relieve its distribu- tion~{ystem during peak load periods and when in its judgement same ~s necessary for repairs, alterations or changes to City's water system or for any purpose deemed necessary by the City.. 3.4 Conditions of Service The City does not warrant its present or future supply of surplus water or make any representation as to the water that may now or hereafter be available to it or to customers outside of the boundaries of the City of Ashland. The physical, chemical or bacteriological quality of water and pressures available are at the risk of the customer and are without guarantee by the City. The City shall have the right to change the quality and/ or source of its water supply and, in its sole discretion, to treat its water supply with chlorine or otherwise. The City may at any time and from time to time, change the point or points of supply to customers outside of the boundaries of the City of Ashland. Real property under different ownership shall not be served through a single service and meter. Bach shall have -30- Regulations Outside Provisions its own facilities. 3.5 Failure to Supply The City shall be under no obligation to customers out- side of the boundaries of the City of Ashland for any failure to supply water to such outside customers if prevented by lack of surplus water available to such outside customers for any reason whatsoever, damage to or breakage of its water mains or distribution system, riot, acts of third persons, order or decree of any court, war, insurrection, governmental inter- ference, restriction or prohibition, action of the elements, Act of God or other cause beyond its control nor shall the City be required to replace, reconstruct or repair any part of its water distribution system or facilities or works appur- tenant thereto to provide water to customers outside of the boundaries of the City of Ashland. Section 4: EXTENSION OF FACILITIES Extension or replacement of facilities outside of the City limits of Ashland is at the sole discretion of the City. Section 5: ALLOWANCE FOR LEAKAGE The customer retains control over the use of water on his premises and as such is responsible for all water passing through the meter including water which may be lost or wasted through leaking pipes or fixtures. No allowance in charges for water used will be made for water used by reason of leaks that occur on the qustomer's premises or in the customer's line except that in extreme hardship cases when the occurrence of a leak is beyond the control of the customer and when the customer makes an immediate and diligent effort to repair the leak as soon as possible after discovery and when such leak has been personally observed by a representative of the City, the City may, upon application by the customer, make an adjustment for water used not to exceed fifty percent (50%) of the excess use caused by the leak. Section 6: FIRE PROTECTION The City may install fire hydrants on its water mains side of the boundaries of the City of Ashland at its sole discretion. out - The use of such hydrants is restricted to use by the City of Ashland and its authorized employees. -31- Regulations Outside Provisions Others, such as a fire district and its authorized employees may use such fire hydrants only by written permission or con- tract. Service connections provided for private fire protection shall be metered and charges for such service shall be at regularly scheduled rates, or as provided by individual contract. Subject to the provisions of these regulations, customers may use such water as may be available through service connec- tions for emergency fire fighting purposes. No representation or agreement is made by the City as to the pressure or quantity of water that shall be available for such purposes. Section 7: CLASSIFICATION OF ACCOUNTS will 7.1 Customers outside of the boundaries of the City of Ashland be classified as residential, commercial, or industrial. Residential Service 7.1.1 Definition Residential water service shall be defined as the provision of water service for household domestic pur- poses wherein are carried on the usual family functions of living, sleeping and the preparation of meals, and including water for sprinkling lawns, gardens and shrub- brey in connection with the residence and other similar and customary purposes. A dwelling designed and built for a single family residence shall be classed as single family residential if the rooms have not been altered to provide for the func- tions of more than one household and separate households are not maintained. A private boarding house where there are not more than three sleeping rooms may be classed as a single family residence provided the proprietor of the house lives in the house and those who take meals in his house are regu- lar boarders or roomers and provided the house does not maintain two or more households. 7.1.2 Residential Water Rates Residential water rates shall be as established by the City in regular published rate schedules. Such rates shall be on a metered basis. -32- 7.3 Regulations Outside Provisions Residential ~vater rates shall apply to residences, and separately metered dwelling units. Ail residences shall have a separate water service and meter. ?.2 Industrial Service ?.2.1 Definition Industrial water service shall be defined as the provision of water service to premises wherein the manu- facturing or processing of a product is performed. ?.2.2 Industrial Water Rates Industrial water rates shall be as established by t~e City in regular published rate schedules. Such rates shall be on a metered basis. The City will not provide Industrial Water Service oUtside of the City limits. C9mmercial Service 743.1 Definition Commercial water service shall be defined as the provision of water service to premises wherein trade, commerce, or business is carried out or a service is performed. It shall include service to multiple family residential served by a single service. Service to a multiple family dwelling unit or apartment house housing two or more households or families shall be classed as commercial service unless there is a separate water service to each separate apartment in which case the serv%ce to each such separate apartment shall be classed as single family residential. A building shall be considered as coming under the commercial classification when it mainfestly has been built or altered to provide for two or more households. Mobile home courts or parks shall be classed as commercial accounts. Mobile home courts are defined as any presmises, or substantial part thereof, designed, equipped and used for the installation or parking of house trailers to be occupied as residences, where most of the spaces are offered or made available on monthly, or longer, rental periods. -33- 7.4 R~gulations Outside Provisions Premises constructed or altered for the accommoda- tion of travelers or transients, including motels, hotels and trailer courts, shall be considered as coming under the commercial classification. Trailer courts are defined as any premises, or substantial part thereof, designed, equipped and used for the parking of house trailers occupied as living or sleeping quarters, where most of the trailer spaces are offered to the transient, tourist or traveling public for temporary use. In considering two household apartments, cabins or living quarters containing not over three rooms that are detached and in the rear of the residence and not facing on another street may be classed as an additional apartment. The City shall refuse to serve two or more separate houses, buildings, or premises through one meter. 7.3.2 Commercial Water Rates The City will no~ provide Commercial Water Service outside of the City limits. Irrigation Service 7.4.1 Definition Irrigation service shall be defined as the provision of water service to a premises for sprinkling lawns, gar- dens, pasture, orchard, etc. 7.4.2 Irrigation Water Rates The City will not provide irrigation service out- side of the City limits. 7.5 Fire Protection Service 7.5.1 Definition Fire protection service shall he defined as the provision of water service to a premise for the sole purpose of extinguishing fires. 7.5.2 Fire Protection Service Water Rates Fire service rates shall be established by the City in regular published rate schedules. Such rates shall be flat rate based on the inside diameter of the service. No charge ~ill be made for water used to extinguish accidental fires. -34- Regulations Outside Provisions Standby fire protection service connections of 2 to 12 inches in size will be installed only if adequate provisions are made to prevent the use of water from such services for purposes other than fire extinguishing. Sealed, dry type fire sprinkler systems with water operated alarms shall be considered as having such adequate pro- visions. A detector check or meter shall be installed in standby fire protection service connections to which home lines or hydrants or wet type sprinkler systems are connected. If water is used from a fire service in violation of these regulations an estimate of the amount used will be computed by the City and the customer shall pay for the water used at the regular commercial meter rates. And in addition, future service for this connection shall be through a meter at scheduled rates, or the City may, at its option, discontinue.the service. ?.$.3 Pressure and Supply The City assumes no responsibility for loss or damage because of lack of water or pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution system. The service is subject to shut-downs and variations required by the operation of the system. 7.5.4 General Nonmetered private fire protection services in existence at the time of the adoption of these regulations may be continued without the installation of a meter until the installation of a meter is requested by the Director of Public Works. 7.6 Bulk Water Service 7.6.1 Definition Bulk water service shall be defined as the provision of water service through a fire hydrant or other outlet for the filling of tank trucks, control of the burning of trash or other temporary bulk uses. 7.6.2 Bulk Water Rates The City will not provide Bulk ~Vater Service out- side the City limits. -35-