HomeMy WebLinkAboutOrdinance 81- 1077 Water service rules and regulations
I1S
ORDINANCE NO. 1077
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ENACTING RULES AND REGULATIONS FOR THE OPERATION OF WATER SERVICE
UTILITY AND ENACTING SECTION 10.04.030.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEr1AN:
I Section 1
That the following rules and regulations are made for the government of the water work
system of the City of Bozeman, Montana.
These rules and regulations of the City of Bozeman, Montana, pertaining to its water work
system, and approved by the Public Service Commission of the State of Montana are made a part of the
contract with every individual, firm or corporation who takes water and every such individual, f~t~
lid I:Jir#irMfitJN Itffl ;t/aA<kkj /IMk/r/ kNJ/ kNk/r/y/ tSI.J:JV ~NJ/JN/iJJ.46ll/, fi rm or corporation agrees, in maki ng
application for water, to be bound thereby. The following rules and regulations are adopted by the
City of Bozeman, Montana:
Rule 1--Definitions
1-1 Commission - The word "Conmission", used herein, shall mean the Department
of Public Service Regulation of the State of Montana, Public Service Commission.
1-2 Utility - The word "Utility", as used herein, shall mean the City of Bozeman,
Montana, and its water service division, engaged in the business of providing
water and supplying water service to its customers on its system in the State
of Montana.
I 1-3 Customer - The word "Customer", as used herein, shall mean any individual,
partnership, association, firm, public or private corporation, or governmental
agency, or any other entity receiving water service from the utility.
1-4 Residential Dwelling Unit - The term "Residential Dwelling Unit" shall mean any
room or combination of rooms, including trailers and mobile homes, with facilities
for cooking, designed for occupancy by one family.
1..5 Water Service - The term "Water Service" or "Service", as used herein, shall mean
the supplying of Or availability, at the point of delivery of water and also
the water delivered or used.
1-6 Service Agreement - The term "Service Agreement", as used herein, shall mean
the agreement or contract between utility and customer pursuant to which service
is supplied and taken.
1-7 Point of Delivery - The term "Point of Delivery", as used herein, shall mean the
point at which the utility's facilities connect phYSically to customer's
facilities, the location of which shall be designated by or satisfactory to
utility, unless otherwise defined in the service agreement.
1-8 Meter - The word "Meter" or "Meters", as used herein, shall mean the complete
installation including auxiliary devices and equipment, if any, used to measure
the water supplied to a customer.
1-9 Room - On f'lat rate service, where the charge is based on the number of rooms, any
finished room with an area of eighty square feet will be considered a room. Bath-
rooms shall have no minimum area requirements.
Rule 2--General Provisions
I 2-1 Coverage - These service regulations govern the supplying by the utility, and
taking by its customers, water service from the utility's water system. These
regulations are subject to revision, upon approval by the Commission, and
supersede all regulations, by whatever term designated, which may heretofore
govern the supplying and taking of water service.
2-2 Purpose - These service regulations are intended to define good practice which
can normally be expected, but a renot intended to exclude other accepted
standards and practices not covered herein. They are intended to ensure adequate
service to the public and protect the utility from unreasonable demands.
2-3 Information Available to Public - There shall be made available to the public at
the office of the Commission and at the principal offices of the utility copies
of these servi ce regul ations and the rate schedul es, forms of agreeerre:nt for water
servtGe and service standards of the utility.
ORDINANCE NO. 1077
120
2-4 Waiver of Regulations - In any case where compliance with any of these rules
introduces unusual difficulty, such rule may be temporarily waived by the
Commission upon application of the utility or the customer. If in any case
compliance with a rule would cost more than the results of such compliance
are worth, such rule may be permanently set aside by the Commission.
Rule 3--Service to be Provided
3-1 Utility Will Furnish Water Service, for Certain Specific Purposes-For I
Specific Sum. on Metered or Nonmetered Basis - The utility agrees to furnish
water and water services for certain specified purposes as contained in the
service agreement, for a certain specified sum based either on a metered or
non-metered rate as hereinafter provided.
3-2 Water Service for Customer Usage Only - If a customer furnishes other individuals
or entities with water services without permission from the utility, or utilizes
the water or water service for other purposes than for which it was intended,
that customer is in violation of his service agreement. Customers in violation
of their service agreements may have their water service discontinued until such
time as the charge for such additional service has been paid, together with the
actual additional expense incurred by the utility in discontinuing or reconnecting
water service.
3-3 All Customers are Prohibited from Providing Water or Other Service to Other
Individuals or Entities from the Utility's System Without Receiving Permission,
In Writing. From the Utility - In no instance may the customer extend his water
facilities across or under a street, alley, lane, court or avenue, or other
public or private space, existing under different ownership~ in order to obtain
a rate advantage by taking water service for two or more premises through one
source or meter.
,.I" .'
3-4 Water Util ity System-Unauthori zed Taps Prohi bited - With the exception of speci al
installation approved by the utility, no person or other entity, other than
agents, representatives or employees of the utility shall tap into the utility's
transmission or distribution system or service lines attached thereto.
3-5 Easement-Right-of-Way-Permits Required to be Furnished Utility - A customer. or
prospective customer, must furnish all easements, cleared right&of-way, and permits
necessary to enable the utility to s(tpply the service required. I
,-,
3-6 Access to, Premi ses - The utili ty' s employees or representa t i ves, or other
authorized persons, shall have access at reasonable hours to enter any premises
where water is used, for the purpose of making inspection, Or investigation.
3-7 No Person or Entity Shall Activate a Line Connected to the Utility's System, Or
Allow any Other Person to do so, Except Upon Specific. Written Permission of the
Utility ~ Activation of any line, for testing purposes, or otherwise, shall
obligate the individual performing the test to turn off the water service at the
curb stop.
Rule 4--Service Agreement
4-1 Application for Service - A utility may require a customer or prospective
customer to sign one of the utility's standard application or service
agreement forms. The application or agreement shall be binding only after
acceptance by a duly authorized representative of the utility. In case of
acceptance of service by a customer prior to the signing of such agreement.
customer shall pay for the service so furnished in accordance with the applicable
rate schedule or schedules in force and shall abide by these servtce regulations.
Rule 5--Establishment of Credit
Customer Deposit for Guarantee Payment
5-1 When Required - Utility may at any time require from any customer, or prospective
customer, that it establish credit as hereinafter set forth or, that the customer
or prospective customer. deposit a certain amount of funds to guarantee payment
of utility bills. Regulations regarding the establishment of credit and the
filing of deposit to guarantee payment are as hereinafter set forth. I
5-2 Establishment of Credit-Residential - An applicant for residential utility
servtce may establish credit by demonstrating to the utility anyone of the
follOWing factors:
(a) Prior service with utility in question within the previous 12 months during
which for at least 6 consecutive months service was rendered and was not dis-
connected for failure to pay the utility bill and no more than one (1) delin-
quency notice was served upon applicant.
(b) Prior service with a utility of the same type as that of which service is
sought with a satiSfactory payment record as demonstrated in (a) above, provided
that the reference may be quickly and easily checked by the utility and the
necessary information is provided.
ORDINANCE NO. 1077
121
(c) Full-time consecutive employment during the entire 12 months
next previous to the application for service, with no more than 2
employers, and the applicant is currently employed or has a regular
source of income.
(d) Ownership of significant legal interest in the premises to be
served.
I (e) Furnishing of satisfactory guarantor to secure payment of bills
for services requested in a specified amount not to exceed an estimated
one year bill, such estimation to be made at the time that service is
established.
5-3 Establishment of Credit-Nonresidential - An applicant for non-residential
service may be required to demonstrate that it is a satisfactory credit
risk by reasonable means appropriate under the circumstances.
5-4 Deposit Requirements - A deposit may be required under the fOllowing
circumstances:
(a) Where the applicant has failed to establish a satisfactory credit
history as outlined in Rule 5-2 and 5-3.
(b) In any event, a deposit may be required when: (a) within the 12
months prior to the application, applicant's service of a similar type has
been disconnected for failure to pay amounts owing, when due; or (2) where
there is an unpaid, overdue balance owing for similar service provided the
customer; or where two or more d~linquency notices have been served upon the
applicant by any other utility company during the 12 months previous to the
application for service.
(c) Initiation or continuation of service to a residence where prior customer
still resides and where any balance for such service to that prior customer is
past due or owing.
(d) Where the customer is a tenant or lessee of rented property where the
landlord or lessor has not assumed, in writing, obligation to pay the utility
bill on behalf of the tenant or lessee or a satisfactory guarantor has not been
furnished as provided in Rule 5-2(e).
I (e) Where the Customer has, in an unauthorized manner, interfered, with the
service of the utility situated or delivered on or about the customer's premises
within the last five years, if the finding of unauthorized interference or use
is made and determined after notice and opportunity for hearing is provided to
the custom~r and is not in dispute.
5-5 Prohibited Standards for Requiring Cash Deposit or Other Guarantee for Residential
Service - A utility shall not require a cash deposit or other guarantee as a
condition of new or continued residential utility service based upon commercial
credit standards (except as provided in these rules), income, home ownership,
residential location, race, color, creed, sex, age, national origin, or any
other criteria not authorized by these rules. This rule does not prohibit a
utility from ensuring that agreements with customers who may be incompetent,
such as minors, are made in such a manner and with such persons, as to be
legally binding.
5-6 Amount of Deposit - In instances where a depos'it may be required by the utility,
the deposit shall not exceed one-sixth of estimated annual billings.
5-7 Interest on Deposits - Simple interest at the rate of six (6) percent per annum
on the amount of the deposit shall be paid to the customer. upon refund of such
deposit, or shall be paid annually to the customer upon demand, provided said
deposit has remained intact with the utility for a period of at least six months,
in order to earn such interest. Interest shall cease on the date of termination
of servite or refund of deposit.
5-8 Refund of Deposits - (1) Utility may refund any customer's deposit, or a part
thereof, by check or by credit to customer I s account at any time; 'and, any
unpaid interest due on the refund shall be paid to date of refund on such portion
of the deposit as has been held intact by utility for six months or more.
I (2) Deposit plus accrued interest shall be refunded under the following
circumstances and in the following form:
(a) Satisfactory Payment: Where the customer requests the refund, and has for
18 consecutive months paid for service when due in a prompt and satisfactory
manner as evidenced by the following:
( i ) The utility has not initiated disconnection proceedings against
the customer.
(ii) No more than two notices of delinquency have been made to the
customer by the util ity.
(b) Termination of Service: If the deposit is not returned as above provi~ed
,
upon termination of service the utility shall return to the customer the amount
ORDINANCE NO. 1077 "
122 "
then on deposit plus accrued interest less any amounts due the utility by
the customer for service rendered.
5-9 Record of Deposits ~ A utility shall maintain a record of all deposits re-
ceived from customers, showing the name of each depositor, the date and
amount of the deposit made, the location of the premises occupied by the
depositor at the time of making the deposit, and each successive location while
the deposit is retained. I
(a) Each customer posting a cash deposit shall receive in writing at the time
of tender of the deposit a receipt as evidence thereof, which contains the
following minimum information:
( i ) Name of customer;
(i i) Address of customer;
(iii) Place of payment;
(iv) Date of payment;
(v) Amount of payment;
(vi) Identification of the employee receiving the payment; and
(vii) Statement of the terms and conditions governing the receipt,
retention and return of deposit funds.
(b) A utility shall provide means whereby a customer entitled to a return
of Hisdeposit is not deprived of. deposit funds even though he may be unable
I to produce the original receipt for the deposit. In such event utility
. . records shall be controlling.
5-10 Deposits-Uniform A~,lication - A util ity shall apply deposit standards uniformly
as condition of ut, ity service to all residential customers.
5-11 Guarantee in Lieu of Deposit - In lieu of cash deposit required by these rules,
a utility shall accept written guarantee of a responsible party as surety for
a customer service account; for the purpose of this rule, a "responsible party"
sha 11 mean:
(a) Any individual or business entity which has maintained service with the
utility in question for the previous 24 months, and who has not had service
disconnected for failure to pay and has received no more than two del inquency
notices.
(b) Any special fund identified in writing as a guarantee and approved by the I
util ity.
5-12 Guarantee Terms Conditions-Release of Guarantee - A guarantee accepted in
accordance with these rules is subject to the following terms and conditions:
(a) It shall be in writing, and if necessary shall be renewed in a similar
manner annually.
(b) It shall state the terms of guarantee, the maximum amount guaranteed (such
maximum not to exceed an estimated one year bill, such estimation to be made
at the time the service is established), and that the utility shall not hold the
guarantor liable for sums in excess thereof unless agreed to in a separate
written instrument.
5-13 Guarantor Released When - The guarantor shall be released, and upon the satis-
factory payment by the customer of all proper charges for utility service for
a period of 12 successive months. For purposes of this sub-rule, payment is
satisfactory if:
(a) The utility has not initiated disconnection proceedings against the
customer.
(b) No more than two notices of delinquency have been made to the customer
by the util ity.
The utility may withhold the release of the guarantor pending the resolution
of a disputed discontinuance.
Rule 6--Service Conditions I
6-1 Supplying of Service - Service will be suppl ied only under and pursuant to
these service regulations, and any modifications or additions thereto law-
fully made, and under such applicable rates, schedules and contracts as may
from time to time be lawfully established.
6-2 Applicable Rates, Regulations and Contracts Controlling-Service at Existing
Points of Delivery Only - Service will be supplied under the applicable rates,
schedules and contracts only at points of delivery as are presently existing
on the utility's system.
6-3 Line Extension Costs-Borne by Customer - Line extension costs will be borne by
the customer requesting that service.
ORDINANCE NO. 1077
~. 123
6-4 Method of Bi 11 i ng-Mu1 tiple Del ivery Points-Separate Meters-Si ng1 e Customer -
Where separate points of delivery exist for supplying service to a single
-customer, or separate meters are maintained and provided for measurement of
servi[e to a single customer, each point of delivery or metering shall be
separately billed under the applicable rates.
6-5 Applications for Water Service - Application for the use of water from an
existing service must be made at the City Finance Office on a printed form
I provided for that purpose. Service will be furnished to any customer who
fully and truly sets forth all the purposes for which water may be required
and who agrees to and conforms with all the rules and regulations governing
the service; provided the purposes set forth comply with all the uti1ity's
rules and regulations as on record and approved by the Commission, and, that
the existing util ity water system, and water supply, is adequate to meet the
use for-which the application is made.
6-6 Implementation of Water Service-Curb Box Required-Credit or Deposit Require~ -
All water services to any premises shall be installed by the utility, except
under special conditions approved and inspected by the utility. Service lines
must be so installed that the supply of water for each separate building, house
or customer shall be controlled by a separate curb stop placed within or near
the property line. The curb stop and box must be kept in a readily accessible
condition by the owner of the premises. An application for introduction of
*. . I. water servi ce to any premi ses must be si gned by the owner or*form furni shed
~he owner s de- by the utility for that purpose. Prior to approval of such application, the
Slg~a~ed aJent and utility may require the customer to establish credit or to furnish a deposit
mus 1 e ma e on a as provided in Rule 5. The utility shall then install the service, agreed
regu ar upon between utility and customer.
6-7 Meter Required for New Service-Installation Cost Deposit Required - All new
installations shall be metered. Prior to installation, the customer is re-
quired to deposit with the utility an amount equal to the installation charges,
as determined by the utility. Following installation the actual costs in-
curred thereby will be credited against the amount of the deposit. If the
installation charges are less than the deposit, the difference between the
actual costs incurred and the deposit shall be refunded to customer. If
the installation costs are greater than the deposit, the difference shall be
billed to the customer.
I 6-8 Cost of r~eter - All new metered water service shall include the i.nstallation
of a meter with remote reading attachment. The meter shall be located at
some convenient and accessible point inside the premises and so located that
it cannot freeze. The cost of the remote reading attachment shall be borne
by the customer. The cost of three-fourths (3/4) inch and smaller meters
shall be borne by the utility. The customer utilizing a meter in excess of
three-fourths (3/4) inch shall bear the costs of the larger meter but will be
credited an amount equal to the present cost of a three-fourths (3/4) inch meter.
6-9 Waste of Water Prohibited-Customer Service Lines Must be Maintained - Waste
of water is prohibited, and customers msut keep their fixtures and interior
pipes in good order at their own expense, and all water ways closed when not
in use. Leaky fixtures must be repaired at once without waiting for notice
from the City and if not repaired within five (5) days after written notice
is given, water service may be discontinued until such time as the leak is
repaired.
6-10 Following Repair of 'Leaks Customer's Account May be Adjusted - Following
completio~ of the repair of customer's lines, the utility may adjust the
customer1s account to the extent of actual water consumed retroactive for
three (3) billing periods commencing upon completion of the repair. The
customer will be responsible for notifying utility of the repair made.
6-11 Util ity Not Liable for Service Interruptions or Adjustment of Customer I S
Account Incurred for Interru~tion of Servi:ce Caused by Lea ks to Customer IS
Facilities or Frozen Facilitles of Customer - Interruptions of service re-
sulting from the repair of leaks as provided in Rule 6-9, or for repair of
frozen facilities of customer, shall not render the utility liable for
any adjustment in customer's bill. Whenever service is discontinued under
Rule 6-9 the utility shall not be required to restore service until customerl.s
account, if any be outstanding, be paid in full. The util ity may al so require
I customer to pay all costs of discontinuing or re-establishing service.
6-12 Connections_ - No connection shall be made to service lines between the main
and the inside stop and/or meter.
6-13 Termination of Service bv Customer - Customer shall give utility at least
twenty-four (24) hours notice, Saturdays, Sundays and Holidays excluded, to
terminate service, unless a longer notice of termination is provided for in
the service agreement. Should the customer desire to discontinue the use of
water temporarily, or should the premises become vacant, the utility must be
notified in writing of the temporary discontinuance of use of the utility
water supply. Upon being so notified the utility will shut off the water at
the curb box and allowance will be made on the bill (for customers on a flat
rate charge) for such time as the water is not in use.
ORDINANCE NO. 1077
124
6-14 Continuity of Service - Utility shall make reasonable effort to avoid
interruption of service, and when such interruptions occur, shall
re-establish service with reasonable diligence.
Utility shall not be liable to customer or others for failure or inter-
ruption of water service due to acts of God, governmental regulations,
court or Commission orders, acts of the public enemy, strikes or labor
difficulties, accidents, weather conditions, acts of third parties, I
droughts, or, without limitation by the foregoing, any other cause
beyond the reasonable control of utility.
6-15 ~tility System Maintenance - Once service to any customer has been in-
stalled, the utility, at its own expense, shall maintain the service
lines up to a distance of sixty (60) feet, as measured from the curb
box, or to and including the meter, whichever is less.
6-16 Suspension of Service for Repairs and Chanqes- When it is necessary for
the utflity to make repairs or to change its water collecting, storage,
transmission or distribution system, meters or other property, utility
may, without incurring any liability therefor. suspend service for such
period as may be reasonably necessary, and in such manner as to minimize
the inconvenience to customers.
All persons having boilers on their premises, depending on connected
pressure with the water mains~ are cautioned against collapse of their
boilers. As soon as the water is turned off, the hot water faucet should
be opened and left open until the water is again turned on. A check valve
must always be placed between the boiler and the City's mains to prevent
draining the boile~s. A customer must never leave the premises with any
faucets open or water turned off.
6-17 Water Utility System-Maintenance and Repair-Utility Personnel Only - With
the exception of special installations approved by the utility, no person, or
other entity, other than agents, representatives or employees of the utility
shall maintain or repair the utility's water utility system.
6-18 Additional Service-Meter Installation Required - Any customer, presently
on a flat rate schedule who installs additional fixtures or seeks to
utilize the water provided for purposes not stated in their original
agreement, such as expanding or remodeling their residence, shall be re- I
qui red to convert to a metered water service.
6-19 Irrigation or Other. Outdoor Use Restricted - The water superintendent of
the utility is hereby authorized, directed and empowered, whenever in his
opinion the necessities of the situation require such action, to restrict
and/or wholly prohibit the use of the utility's water to supply for garden,
lawn or other outdoor irrigation or use. Such restriction and/or prohibition
shall become effective twenty-four (24) hours after notice thereof shall be
published in any newspaper of general circulation distributed in the City of
Bozeman, Montana.
In emergency situations, as determined by the water superintendent, which
demand immediate action, the water superintendent of the utility may immediately
restrict or wholly prohibit the use of water from the util ity' s system by
notifying customers by newspaper publication within a newspaper of general
circulation in the City of Bozeman, Montana and/or by public service radio
announcements wi thi n the Ci ty of Bozeman, r.1ontana.
6-20 Irrigation-Outdoors Use.,.Nonemerqency Use - Utility may specify the hours and
days during which sprinkling or irrigation will be permitted, and may publiSh
notice thereof in newspapers at the start of the sprinkling or irrigation
season, or whenever conditions require a change in present sprinkling or
irrigation practices. The utility shall prominently post, within its local
office, a notice advising the public of the hours and days within which
sprinkling or other irrigation is permitted.
6-21 Violation of Utilit Rules-S rinklin and Irri ation Use-Nonemer enc -Notice
to Customers - At such tlme when the utility, through its agents, emp oyees
or representatives, determines that a customer is in violation of the utility's
regulations in regard to sprinkling or irrigation and utility shall deliver
to such customer a copy of the notice of hours and days of sprinkling and I
irrigating, and shall advise the customer that h~ is in violation of the rule.
If the customer is found in violation of the rule on more than one occasion
in anyone irrigation or sprinkling season, he will be notified by certified
mail, with return receipt, that another violation will result in discontinuance
of service or the installation of a meter.
6-22 Violation of Regulations-Nonpayment of Water Charges - For violation of any
of these regulations or for non-payment of water charges, as provided in the
utility's schedule of rates and charges currently on file with and approved
ORDINANCE NO. 1077
125
by the Commission, the utility has the right to disconnect water service
following ten (10) days written notice to the customer. After service
has been discontinued the same shall not be reinstated until all
delinquent charges are paid. Costs of all disconnects and/or subsequent
reconnects shall be borne by the customer.
6-23 t1eter Servi ce Bill ing-Payment of Charges-Del inquent Charges - All metered
services shall be billed for actual water consumed, based on rates and
I charges on file with and approved by the Commission. Payment is due upon
receipt of the bill, and will be considered delinquent if not paid by the
15th day of the month in which it is received. If the bill is not paid
within 30 days after it has become delinquent, the water service will be
disconnected after a 10 day written notice. Service shall not be reinstated
until delinquent charges are paid, together with the cost incurred by the
utility in disconnecting or subsequently reconnecting the line.
6-24 Fl at Rate Servi ce-Bi 11 ing-Payment of Charges-Del inquent Charges - All fl at
rate services shall be billed monthly in advance, on or about the first day
of each month, based on rates and charges on file with and approved by the
Commission. Payment is due upon receipt of the bill, and will be considered
delinquent if not paid by the 15th day of the month in which it is received.
If the hill is not paid within 30 days after it has become delinquent, the
water service will be disconnected after a ten (10) day written notice.
Service will not be reinstated until delinquent charges are paid, together
with the cost incurred by the utility in disconnecting and subsequently
reconnecting the line.
Section 2
These rules supercede all rules, regulations and supplements thereto pre-
viously enacted by the City of Bozeman, Montana, which are in conflict with rules enacted in
this Ordinance.
Section 3
I This Ordinance shall be in full force and effect from and after thirty (30)
after its adoption.
PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, this 29th day of July 1981.
MAYOR
ATTEST:
Clerk of the City Commission
State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the City Commission of the City of Bozeman, Montana,
do hereby certify that the foregoing Ordinance No. 1077, was published by title and number in
I the Bozeman Daily Chronicl~a newspaper of general circulation printed and published in said
City of Bozeman in the issue dated the 30th day of August 1981.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office
this 17th day of March 1982.
Clerk of the City Commission
ORDINANCE NO. 1077