Sunny Meadows

1-2008-Water Use
  

—

by

mike

SUNNY MEADOWS MISSOULA COUNTY WATER AND SEWER DISTRICT

ORDINANCE NO. 1-2008

AN ORDINANCE ESTABLISHING the rules and regulations governing water use FOR THE SUNNY MEADOWS MISSOULA COUNTY WATER AND SEWER DISTRICT:

BE IT ORDAINED BY THE BOARD OF DIRECTORS:

ARTICLE I

General

SECTION 1. It is determined and declared to be necessary to provide a set of rules and regulations governing the use of water for the Sunny Meadows Missoula County Water and Sewer District. These rules and regulations are necessary to ensure the health and safety of all of the users of the District’s water system.

SECTION 2. All new connections and modifications of existing connections to the water system will be made under the direction and supervision of the District’s Water Systems Operator, and constructed in accordance with this ordinance.

SECTION 3. The District will maintain all necessary piping and facilities in that portion of the service up to and including the curb stop at the property to be served. The owner of the property to be served is responsible for maintaining the portions of the service from the curb stop to the premises.

SECTION 4. Water service may be refused or discontinued by the District for any violation of any rule, ordinance, regulation or condition of service, and especially for any of the following reasons:

    1. Tampering with meter, service, or valves, or permitting such tampering by others.

    2. Non-payment of bills.

    3. Waste or misuse of water due to improper or imperfect service pipes and/or fixtures, or failure to keep same in suitable state of repair.

    4. Any connection with a potential for introducing contamination to the system. The District reserves the right to determine whether any particular connection has this potential.

    5. Diverting any water prior to the water passing through the meter for the premises.

    6. Resale or giving away of water.

    7. Failure to comply with the District’s watering restrictions.

ARTICLE II

Health and Safety Requirements

SECTION 1. The Sunny Meadows Missoula County Water and Sewer District may cause inspections to be made of all properties served by the public water system. The frequency of inspections and re-inspections shall be based on the potential public health hazard involved and shall be as established by the District and its Water System Operator.

SECTION 2. A representative of the District shall have the right to request access at any reasonable time into or upon any property served by the public water system of the District in order to inspect connections. On request, the owner, lessee, or occupant of any property shall furnish to the inspector any pertinent information regarding the connections, piping systems, water systems, and hazards on such property. It shall be assumed that a potential health and safety hazard is present if access or requested information are refused.

SECTION 3. The Sunny Meadows Missoula County Water and Sewer District, and its representatives, are hereby authorized and directed to discontinue water service to any property where a potential health and safety hazard is present, and to take such other measures as are deemed necessary to eliminate any danger of contamination of the public water system.

SECTION 4. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb the waterworks or appurtenances thereof without first obtaining a written permit from the District.

SECTION 5. The Sunny Meadows Missoula County Water and Sewer District, and its representatives, may determine whether a connection to the system has the potential for contamination which would be resolved by installation and maintenance of a suitable backflow prevention device. If The District makes such a determination, it may require the installation of such a backflow prevention device.

SECTION 6. The Sunny Meadows Missoula County Water and Sewer District, and its representatives, are hereby authorized and directed to establish and maintain watering restrictions which will ensure the presence of water for domestic consumption at all premises served by the District’s water system.

SECTION 7. No additional wells may be drilled within the Sunny Meadows Missoula County Water and Sewer District without prior written approval from the District Board. This restriction is necessary to prevent potential contamination or other adverse impacts on the District’s water supply.

ARTICLE III

Billing Process

SECTION 1. Bills and notices pertaining to the conduct of the business of the District will be mailed to the customer at the address listed on their Water User Agreement, unless a written change of address notice has been filed with the District. The District shall not otherwise be responsible for delivery of any bill or notice, nor will the customer be excused for nonpayment of a bill or from any performance required in said notice.

SECTION 2. Bills for service are due and payable at the business address of the District on their date of issue. The business address of the District is Sunny Meadows Missoula County Water and Sewer District, P.O. Box 9125, Missoula, MT, 59807.

SECTION 3. Meters will be read on the last Friday of each billing month, when possible, or as close to that date as is practical. Users are responsible for ensuring that the meter is readable and available to the meter reader.

ARTICLE IV

Customer Service Process

SECTION 1. All meters shall be installed, maintained and renewed by and at the expense of the customer, and the District reserves the right to determine the size and type of meter used.

SECTION 2. Where a meter has ceased to register, or a meter reading could not be obtained, the billing will be as defined in the Water Rate Ordinance (see Article II, Section 2, of Ordinance #2-2008).

SECTION 3. The District shall make all reasonable efforts to eliminate interruption of service, and when such interruptions occur will endeavor to re-establish service with the shortest possible delay. Whenever service is interrupted for the purpose of working on the water system, all consumers affected by such interruption will be notified in advance whenever it is possible to do so.

ARTICLE V

Service Discontinuation Process

SECTION 1. Any customer desiring to discontinue service to his premises for any reason must give notice of discontinuance in writing at the District’s business address. Such notice must include the name and contact information for the party which will be responsible for future service. The District will attempt to contact the newly responsible party prior to approving any disconnection request. Otherwise, the customer will remain liable for all water used and service rendered until said notice is received and approved by the District.

SECTION 2. When the water supply to a customer has been discontinued for non-payment of bills or for other violation of the water use and rate ordinances, or District regulations, the customer will be subject to charges as outlined in the water rate ordinance (see Article II, Section 8 of Ordinance #2-2008). No customer will be reconnected until after all delinquent and other charges owed by the customer to the District have been paid.

Article Vi

Protection from Damage

SECTION 1. The District shall in no event be held responsible for claim made against it by reason of the breaking of any mains or service pipe, or by reason of any other interruption of the supply of water caused by the breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to damages nor have any portion of a payment refunded for any interruption of service which in the opinion of the District may be deemed necessary.

SECTION 2. If any loss or damage to the property of the District or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of a customer, member of his household, his agent or employee, the cost of the necessary repairs or replacements shall be paid by the customer to the District and any liability otherwise resulting shall be that of the customer.

SECTION 3. The District reserves the right to periodically inspect customer water meters. In the event it is determined that the meter, wiring, or remote read device has been tampered with the property owner shall be charged as follows:

    1. The District board may file “Theft of Service” charges against the property owner.

    2. The District shall, at the customer’s expense, remove and replace the water meter, wiring, and remote read device with new equipment. The District shall charge the property owner $120/hour labor and administrative costs, in addition to equipment costs, for the replacement.

Article vii

Powers and Authority

SECTION 1. Water furnished by the District may be used for domestic consumption, stock water, and domestic irrigation purposes only. The customer shall not sell water to any other person.

SECTION 2. Each customer shall grant or convey, or shall cause to be granted or conveyed to the District a permanent easement and right-of-way across any property owned or controlled by the customer wherever said easement or right-of-way is necessary for District facilities and lines, so as to be able to furnish service to the customer.

SECTION 3. The District will construct extensions to its water lines to points within its service area but the District shall not be required to make such installations unless the customer pays to the District the entire cost of the installation.

SECTION 4. The District may refuse service to persons, not presently customers, when in the opinion of the District the capacity of the facilities will not permit such services.

Article VIII

Ordinance in Force

SECTION 1. This ordinance shall take effect and be in force on November 1, 2008.

FIRST READING: JUNE 5th, 2008

SECOND READING: july 3rd, 2008

THIRD READING: august 7th, 2008

Bill Engelstad moved to adopt Ordinance 1-2008 as read the required three times.

Cyndie Winchell seconded the motion.

 

AYE: Engelstad, Huber, Lilley, Walter, Winchell

 

 

NAY:

 

 

PASSED AND APPROVED, this 7th day of August, 2008.

 

 

________________________________________________

Michael Lilley, President

 

 

 

ATTEST:

 

 

_____________________________________________

 

Joan Kuehn, Secretary