TITLE 7 - PUBLIC UTILITIES

Part of the Municipal Code of Kamas, UT.

Local law · Updated July 14, 2026 · 813 sections

The text

CHAPTER 7.02. - SEWER SERVICES#

Sec. 7.02.010. - Connection to the sanitary sewer required.#

The owner or occupant of real property on which a building has been or is being constructed shall connect such building to the sewer system within 365 days after receiving written notice from the city that facilities of the sewer system are available for connection to the building. The sewer system is considered for connection to the building, if any part of such facilities is situated within 150 feet of any point of any property line of such property.

If connection to the sewer system is required pursuant to this section, the owner or occupant hereby required to connect shall immediately plug any septic tank or privy vault, remove any outhouse, fill with earth any cesspool located on the property, and make no further use of those or any other privately owned facilities for final sewage disposal. Any cesspool, outhouse, or unplugged septic tank or privy vault on property to be connected to the sewer system is hereby declared to be a nuisance.

No person shall construct or cause to be constructed a septic tank or other privately owned means of final sewage disposal on property required to be connected to the sewer system without first obtaining approval of the city.

Nothing in this ordinance as adopted shall be construed as creating an obligation on the part of the city to connect any property to sewer system or retain any connection to the sewer system. The city may impose reasonable conditions on any connection without affecting the obligation or a private person to either connect to the sewer system, or discontinue use of a private system or otherwise comply with this section.

No subdivision plat, planned unit development, industrial park, or commercial development shall be approved or recommended by the city planning commission, nor shall a building permit or certificate of occupancy be issued for any lot or part thereof or for the whole thereof, unless the city shall have first approved the sewer aspects of the proposed development.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.020. - Prohibited discharges.#

It shall be unlawful for any person to discharge or cause to be discharged any storm water, groundwater, roof runoff, subsurface drainage, cooling water, or other unpolluted water to any sanitary sewer.

Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described wastewater to the wastewater collection and treatment system: 1.

Any solids, liquids, or gases which may, by themselves or by interaction with other substances, cause fire or explosive hazards or in any other way be injurious to person, property, or the operation of the wastewater collection and treatment system.

Any noxious or malodorous solids, liquids, or gases which either singly or by interaction with other substances are capable of creating a public nuisance or hazard to life or preventing entry into sewers for their maintenance or repair.

Any solids, greases, waxes, slurries, or viscous material of such character or in such quantity that it may cause and obstruction to the flow in the sewer or other wise interfere with the proper functioning of the wastewater collection and treatment system.

Any toxic substance, chemical elements or compounds in quantities sufficient to impair the operation or efficiency of the wastewater treatment facilities and cause the effluent thereof to exceed Utah State Board of Health requirements for the receiving system.

Any liquids having a pH lower than 5.5 or higher than 9.0 or having any corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the wastewater collection and treatment system.

Any radioactive isotopes.

Any liquid or vapor having a temperature greater than 140 degrees Fahrenheit.

Any garbage that has not been properly ground to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch any dimension.

Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, hair, or other material capable of causing obstruction to the flow in sewers or other interference with proper operation of the wastewater collection and treatment system

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.030. - Refusal of use of system.#

The city may prohibit the discharge into the public sewer of sewage that does not comply with the limitations set forth in this ordinance.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.040. - Independent sewer line required.#

The sewer main line and sewer lateral line(s) shall be so arranged that there is a separate and independent sewer service line to each individual building, place of business or tract of land, unless expressly approved by the city engineer.

After the effective date of this ordinance, a separate and independent sewer lateral shall be provided for every new building connecting to the sanitary sewer system of Kamas, Utah. Separate sewer laterals are not required for each trailer space in overnight trailer courts, nor for each cabin in cabin courts; however, separate sewer laterals are required for trailer houses on individual lots or for long-term trailer rental units in mobile home courts.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.050. - Sewer service line maintenance.#

It shall be the duty of any person connecting to the city's sewer mains to bear the responsibility and cost for installation of the lateral from the private system to the city main including the payment of applicable fees and/or inspection charges and to pay all costs in connection with maintenance thereof including the maintenance of any lateral sewer line and any connection device attaching the lateral to the city main. All such private laterals must be maintained in a watertight condition.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.060. - Injury to or tampering with sanitary sewer system unlawful.#

It shall be unlawful to disturb, destroy, or damage, adjust, molest, meddle, or otherwise interfere with any portion of the city sewage collection or treatment system or its appurtenances, located on either public or private property. Should any damage result, either intentionally or unintentionally, from handling or otherwise tampering with or plugging said sewer system, the violator shall pay for all costs incurred in connection with the repairs of said system and/or for any damages that may result from the tampering with or plugging of said sewer system.

It shall be unlawful for any person to deposit any substance which may tend to obstruct the flow of the sewer, in any sewer opening.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.070. - Grease traps required.#

In all cases where a building is used as a hotel, boarding house, restaurant, service station, garage, etc., the owner or occupant shall provide a properly constructed grease trap through which all wastes of a greasy nature shall be drained.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.080. - Interceptor or removal facilities required to remove harmful ingredients.#

Grease, oil, and sand interceptors or other necessary removal facilities shall be installed on the premises when in the opinion of the city, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, high concentrations of blood, fruit, vegetable or grain liquors, milk wastes, or any flammable wastes, sand, and other harmful ingredients. All interceptors or removal facilities shall be of a type and capacity approved by the city and shall be so located as to be readily and easily accessible for cleaning and inspection. Where installed, all grease, oil and sand interceptors shall be maintained by the owner or occupant, at his expense, in continuously efficient operation at all times.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.090. - Permits required.#

It shall be unlawful to install or alter any sanitary sewer or plumbing within the City of Kamas, Utah, or to tap onto or connect to any sanitary sewer line whether lateral, main, or interceptor, without having first obtained from Kamas City a permit therefore and paying all applicable fees.

It shall be unlawful for any person to uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof, without first obtaining a written permit to perform said work from the city.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.100. - Installation and maintenance of sewer service line.#

When a permit for a sewer lateral has been granted the sewer tap at the sewer main and the sewer service line from the sewer main to a point ten feet beyond the street or alley right-of-way line or sewer easement shall be installed by a licensed contractor at the expense of the person or firm desiring sewer service.

All sewer laterals shall be constructed, inspected, tested, and certified as being in conformance with the City of Kamas Standards and Construction Specifications Manual.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.110. - Right to revoke permissions.#

Permission given to connect sewers and drains shall be upon the express condition that the city may, for good cause, revoke the same, and the person making such connection, or his successor m interest, shall have no right to claim any damage in consequence of such permission being revoked.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.120. - Sewer construction, plans, specifications, and inspection.#

All construction or reconstruction of public, private and sewer laterals shall be in accordance with the City of Kamas Standards and Construction Specifications Manual and the State of Utah's Standard Specifications, and subject to inspection by the city.

Plan and profile drawings shall be prepared by a registered engineer for all new sewer mains (whether public or private) and for all sanitary sewer extensions, reconstructions, or renovations; and all such plan and profile drawings must be reviewed and approved by the city engineer before construction work on said sewer lines is started.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.130. - Right to enter premises for inspections.#

The city shall have the right to enter upon any premises connected with any public sewer at all reasonable hours to determine that there is compliance with the provisions of this ordinance. If conflict is noted, the owner of said premises or his agent shall be directed to alter, repair, or reconstruct said sewer facilities to conform to the requirements of this ordinance within 15 days.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.140. - Industrial wastes.#

Each person or firm desiring to make a connection to the public sewer for the purpose of discharging industrial wastes thereto shall prepare and file with the city engineer a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged. Private treatment facilities may be authorized by the city, provided that all federal, state, and local laws and regulations are fully complied with.

Industrial waste charges may be based upon the amount of flow, biochemical oxygen demand (BOD), and suspended solids or any combinations thereof as may be recommended by the city engineer or this ordinance.

Pretreatment of industrial wastes shall be prerequisite to discharge into the city sewer system. Pretreatment of all industrial wastes shall comply with all applicable federal, state and local laws and regulations.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.150. - Metered services.#

Whenever the city engineer shall deem it appropriate and in the best interest of the city and its citizens to require a user to have the sewer and/or water service to his facilities metered to more appropriately determine the amount of service provided such user by the system, the council may, by resolution, require the said user to install a meter and/or meters which will accurately measure the service provided. The cost of the meter an its installation shall be borne by the user.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.160. - Record drawings and engineer's certification.#

"Record" drawings of sewer line plans shall be prepared by a professional engineer and the "corrected" original drawings or a duplicate mylar copy of the "corrected" original drawing(s) shall be provided to the city.

"Record" plans shall included a "certification" thereon signed by the registered professional engineer in charge of the work that the "record" plans of the sewer lines are true and correct and that he/she has inspected the construction of the sewer line installation and that the materials and installation of the same where all done in conformance with the specifications approved by the city for the construction of sanitary sewers.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.170. - Monthly sewer rates.#

General. This is a user charge for a small community which follows model number one in Appendix B of the Federal Register dated September 27, 1978. This treatment works is primarily flow dependent and will utilize the equivalent user concept. The equivalent user system has been set up based on flow.

A sewer user charge shall be levied on all users of the sewage collection and treatment facilities to cover the actual or estimated cost of operation, maintenance, replacement and financing of this facility. The user charge system shall distribute these costs to each user or user class in approximate proportion to such users contribution to the total wastewater load of such facilities. By reference, the Kamas Sewer User Charge System (on file in the office of the city clerk) is hereby made part of this ordinance.

Basis for rates. The sewer user rates for each user (or user class) shall be based on the user's contribution to the total wastewater loading of the treatment facilities in comparison to a standard equivalent user as defined below. Each user (or user class) shall be assigned a number of equivalent users to be multiplied by a constant monthly cost factor to determine the basic user monthly rate. Special users contributing sewage of excessive flow and/or strength, for which the tabulated equivalent users below do not apply, shall be individually calculated as provided below. The constant monthly cost factor shall be set by resolution of the Kamas City Council.

Equivalent user. One equivalent user shall be defined as contributing 400 gallons per day of wastewater containing not more than 0.8 pounds of five-day BOD and 0.8 pounds of suspended solids. The equivalent user flow has been developed from population and sewer usage records which indicate an average single dwelling unit has four people contributing 100 gallons per day per person.

Standard engineering data indicates 0.2 pounds of suspended solids respectively per person per day. The basic equivalent shall be subject to revision if population, waste usage, sewage volume, and/or other information indicates flow and/or strength significantly different from that defined herein. Revisions of the basic equivalent user criteria shall normally only be made upon the recommendation of a registered professional engineer and as approved an adopted by resolution of the city council.

Equivalent user schedule. The number of equivalent users to be assigned each user and/or user class shall be in accordance with the following equivalent user schedule. Assignment of equivalent users shall apply for one year until the next annual user charge review. Users so indicated or not included in this schedule shall be considered special users and shall be evaluated separately as provided below. The information indicates that if the strength of sewage contributed by any of the following users is in excess in comparison with the allowable limits listed above, then a surcharge shall be levied against such users as provided below. Any of the users in the following schedule may be classified as special users if information on their contribution flow and/or strength indicates a need to do so. A single user having more than one classification of use shall be the sum of the fees. The minimum monthly sewer user charge shall be one equivalent user. No quantity discounts will be allowed.

Equivalent User Schedule (1.0 Minimum Use) Classification ERU

Residences 1

Businesses 1

Barber/beauty shop home occupation 1

0.5

Churches 2

Grocery store 2

Laundromat 2

Schools elementary middle high 0.037 ERU/student

0.05 ERU/student

Recreation center 20

Service station with car wash 5

Car wash 4

Commercial RV dump 4

Surcharge for excessive strength. When any user contributes wastewater having an average BOD and/or suspended solids loading in excess of the designated allowable limits hereinafter designated, a surcharge shall be levied against such user. Said surcharge shall be based on the average degree of excess loading and applied as a percentage of the basic user charge as provided in the above schedule, or otherwise for special users. The BOS and suspended solids loadings shall be determined form estimates or tests made by city officials or its engineer. The user's monthly surcharge shall be computed by use of the following equation:

where:

US: represents the user's monthly surcharge to be added to the basic user's monthly charge;

ii.

UMC: represents the basic user's monthly charge (for treatment only) computed as provided for above;

iii.

b: represents the average BOD loading above which is a user's wastewater contribution expressed in parts per million;

iv.

B: represents the allowable limit of BOD lading above which a user's surcharge shall be levied, hereby designated as being 240 parts per million;

s: represents the average suspended solids loading of the user's wastewater contribution, expressed in parts per million;

vi.

S: represents the allowable limit of suspended solids loading above which a user's surcharge shall be levied, hereby designated as being 240 parts per million; and

vii.

b/B or s/S shall not be less than 1.0.

A copy of the list of users surcharged, the characteristics of their sewage, and the surcharge for each shall be kept on file at all times in the office of the city recorder.

Special users. If, in addition to excessive strength, a user is determined to add flow to the lagoon in excess of 10,000 gallons per month, the above formula shall be multiplied by a factor of total flow divided by 10,000 gallons per month. In order to determine the flow of this special user, the city may monitor sewage and water flow in order to determine total flow. The value of UMC used in the formula above will be the same value as assigned single dwelling units.

A copy of the list of special users, the characteristics of their sewage, and the special user's monthly charge shall be kept on file at all times in the office of the city clerk. There shall be no discounts permitted for quantity flows.

Review and revision of rates. The sewer user charges shall at a minimum be reviewed annually and updated by resolution of the council to reflect the actual costs of operation, maintenance, replacement, and financing of the sewage collection and treatment facilities. Any revision of the user charges shall be based on actual operation, maintenance, replacement, and financing expenses, and/or on significant changes in the total number of equivalent users, the total daily flow, the total daily BOD, and/or the total daily suspended solids. The city may install flow-measuring devices and/or collect wastewater samples at any time in any user's service line to determine actual usage as a basis for revisions of the user's charge. As an alternative to measuring wastewater flow, the city may measure and utilize the average daily potable water use. The calculation of residential sewer use based on actual potable water consumption should be based on winter water use. Revisions due only to changes in expenses and user class shall be made by the city. Revisions involving user's flow, BOD and/or suspended solids shall normally only be made upon the recommendation of registered professional engineer. All changes in user charges applicable to this ordinance shall be computed by the methods outlined herein.

User request for rate change. Any sewer user who feels his/her charge is unjust and inequitable as applied to the premises within the spirit and intent of the foregoing provisions may make written application to the city council requesting a review of the user charge. Said written request shall, where necessary, show the actual or estimated average flow and strength of the wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made. Any flow measurements and/or testing of wastewater shall be approved in detail by the city and/or its engineer. Review of the request by the city council shall determine if it is substantiated or not, including recommended further study of the matter for the city and/or user by a registered professional engineer.

(Ord. 2015-04, 11/10/2015; Ord. 2025-06, § 1, 5/27/2025)

Sec. 7.02.180. - Sewer connection fee.#

The sewer connection fee shall be as established as per adopted fee and rate resolution, as amended. A standard connection shall be four inches in size. Nonstandard or multifamily connections of eight inches or greater shall be required to include a manhole.

Sewer connections outside the incorporated city boundaries shall not be permitted.

All sewer connections made in Kamas City to the original collection system and/or to the interceptor line shall be made according to the plans and specifications approved by the city engineer of the City of Kamas, which may also limit the number of service connections on a lateral line connecting to the original system.

Any special connections not covered by the above schedules shall have fees set by the mayor and city council in each individual situation.

The foregoing fees are for the privilege of connecting with the city sewer and all work necessary for making proper connection shall be done to the satisfaction of and under the supervision of the city inspector.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.190. - Rules governing connection fees.#

Any applicant for a sewer connection to any lot abutting on a street, alley, or other right-of-way containing a main sewer line shall pay the full connection fee therefor.

In case two or more dwellings existing on any lot under the same ownership, and if any of such dwellings are located to the rear of the other or is at least 75 feet from the property line abutting on any street, alley, or right-of-way containing a main sewer line, the rear dwelling shall be charged the full connection fee even though the owner thereof requested only one stub for dwellings on such lot and the same service lateral is used for all such dwellings.

In any "business block" or shopping center containing more than one adjoining business or commercial establishment under one ownership, where more than one such establishment is connected with the same lateral, but separate applications for service are made and separate billing requested, each of such establishments shall pay the applicable full connection/impact fee.

Any person owning unimproved real property which does not abut a street, alley, or right-of-way containing a main sewer line and who subdivides the same for construction of dwellings, shall install collection lines acceptable to the city and connect the same to an existing city main sewer line at a place to be determined by the city council all at the cost and expense of said subdivider. Each dwelling shall pay the current connection/impact fees.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.200. - Billing periods.#

All regular billing periods shall be on a monthly basis unless otherwise determined by the council. Domestic or commercial premises occupied a period of less than one month shall be charged the full fee. All connections shall be billed regardless of vacancy/occupancy with the exception of those that qualify for the winter rate as detailed in the Kamas City Fee and Rate Resolution.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.210. - Billing procedures and due date.#

Water and sewer bills shall be combined and billed on a regularly established day of each and every month in the month succeeding the month in which the service is rendered. Bills shall be payable as of the date mailed and shall be deemed delinquent if not paid before the sixteenth day thereafter. Water and/or sewer consumers and users should be notified of this delinquency and if the bill is not paid in full within 15 days after service of this notification on the water and/or sewer consumer and user, the right to water and sewer services shall cease and terminate unless the water and/or sewer consumer and user requests a hearing. Should the water and/or sewer consumer and user not request a hearing or if an adverse decision is rendered against the water and/or sewer consumer and user as a result of the hearing, the City of Kamas shall require the water and/or sewer consumer and user to pay the delinquent water and/or sewer bill attributable to his own use, plus a reconnection fee as determined by the resolution of the council as a condition of receiving water and sewer service again. Water and sewer bills not paid by the 30th day of the month shall be assessed a late fee in accordance with the adopted Kamas City Fee and Rate Resolution.

All water and/or sewer consumers and users shall have the right to a hearing regarding delinquency, which hearing is to be held with the due process protection described below; and the city will not discontinue water and/or sewer service to any water and/or sewer consumer and user prior to a fair and impartial hearing, after timely and adequate notice and an opportunity to confront witnesses to personally appear with or without retained counsel, to be judged on facts adduced at the hearing, and to otherwise be heard and defend the claim made by the City of Kamas, if a hearing is requested by an water and/or sewer consumer and user. The city council shall have the responsibility to hold hearings. The city council shall make a record of any hearings. The city council shall render its decision in writing, giving the reasons for its determination. In decisions adverse to the water and/or sewer consumer and user, the city council will inform the water and/or sewer consumer and user of the right to appeal the decision pursuant to the Utah State Administrative Procedures Act.

The City of Kamas shall not initially deny or discontinue water and/or sewer service to any water and/or sewer consumer because of any delinquent water and sewer bill on that premises that is attributable to the prior water and sewer use of another water and/or sewer consumer. Provided further that the City of Kamas shall not initially deny water and/or sewer service to any water and/or sewer user for whatever reason without informing the water and/or sewer consumer and user of the right to a hearing before the city council on the issue of whether the City of Kamas can initially deny water and/or sewer services. In the case of an initial denial of water and/or sewer, the City of Kamas is not required to provide water and/or sewer service pending a hearing. However, a hearing upon request of a water and/or sewer consumer and user initially denied water and sewer services shall be held as expeditiously as possible and held in the manner and in accordance with the procedures for pre-termination hearings delineated above. In case such water service is discontinued for delinquency, it shall not be restored until such delinquency is paid or arrangements for payment satisfactory to the city have been made and a fee for discontinuing and restoring service has been made in accordance with adopted fee resolution of the city council.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.220. - Deposits.#

In the event that water and/or sewer services are disconnected for nonpayment, there shall be deposited with the city clerk or city treasurer a sum in cash, the amount to be determined by resolution of the city council. Such deposits shall be held by the City of Kamas so long as the service applied for is supplied by the city, and if and when the service is discontinued or terminated as to any water and/or sewer user, the amount of the deposit less any amount owing the city for such water and/or sewer service shall be refunded.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.230. - Wastewater collection and treatment system improvement fund.#

There is hereby established a wastewater collection and treatment system improvement fund to be maintained by the city clerk in managing the fiscal affairs of the city. All revenues derived from the charging of any fees, charges, rates, etc., as such are set forth herein shall be deposited in said fund and shall be disbursed only for the purposes of paying existing or future indebtedness connecting with or relating to maintaining, repairing, studying, controlling, enlarging, extending, enhancing, or improving the wastewater collection and treatment system of the City of Kamas.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.240. - Penalties.#

Any person violating any provision of this ordinance shall be guilty of a Class B misdemeanor, and upon conviction thereof, may be punished by a fine of not more than $1,000.00 or by imprisonment for not more than six months, or both such fine and imprisonment. Each day said violation occurs shall constitute a separate offense.

(Ord. 2015-04, 11/10/2015)

Sec. 7.02.250. - Enforcement upon violation of this ordinance or any amendment thereto.#

The proposed local authorities of the city, county, or state, in addition to other remedies, may institute any appropriate action or proceedings to correct or abate any violation of this ordinance.

(Ord. 2015-04, 11/10/2015)

CHAPTER 7.04. - CULINARY WATER SERVICES#

Sec. 7.04.010. - Water conservation plan.#

The water conservation plan of Kamas City, originally adopted on the 11th day of January 2005, revised on this 27th day of January 2015, is hereby adopted. The plan will be amended no less than every five years and will continue to play a vital role in the future development of Kamas City, Utah.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.020. - Creation of department.#

There is hereby created a water department which shall consist of a superintendent and such other employees as shall be provided for by the city council.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.030. - Duties of superintendent.#

The superintendent of the water department shall be responsible for the proper care and efficient operation of the water works system. He shall have charge of the city water tanks, water mains, fire hydrants, and all equipment and appurtenances of the water system. He shall direct the laying of water mains, the installation of all services lines, and the regulation of the supply of water. He shall inspect all plumbing installations, or provide for such inspection by other city personnel under the Uniform Building Code, and may condemn and order removed any plumbing installation or fixture which violates any provision of state law or city ordinance.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.040. - Water system.#

The water system constructed or otherwise acquired by the city to supply culinary water is the property of the city and shall be under the sole and exclusive control and jurisdiction of the city. The superintendent may, and at the direction of the city council shall, make alterations and repairs to said system. The city council may also from time to time by resolution make such rules and regulations as it deems necessary for the operation and control of said system.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.050. - Water service.#

All connection to the city culinary water system will comply to the following condition for water service: 1.

Application for water service. Any person desiring, or who is required to secure, water service form the water department, when such service is available, shall first obtain a building permit before applying to the city treasurer for water service. The applicant shall file an agreement with the city which shall be in substantially the following form: The undersigned hereby applies to the city for water service at (address) and agrees to be governed by the rules, regulations, and ordinances applicable to the city water system. The undersigned further agrees to pay promptly, when due, the rate fixed by the city for the use of such water service, and in the event of failure to pay for water service, the applicant agrees that the water service may be discontinued by the city.

Limit on time for connection. If a building is not constructed and a connection made to the city water system within one year of date of the application for water service, the application shall be invalid and the connection fee forfeited. The city council may grant one one-year extension on the time limit for connection to the water system.

Water connection non-transferable. Water connections shall not be transferred to a location different from that shown on the application for water service nor from where originally used nor may a larger water connection be subdivided into several smaller connections.

Water connections that will be deemed forfeited. A water connection shall be deemed to be forfeited and abandoned if not used and fees not paid for a one-year period.

Forfeited connection requires new connection fee. A forfeited water connection shall be disconnected. The re-connection of a forfeited water connection shall be subject to the payment of the connection fee in effect at the time of the re-connection.

Monthly service fee for unused connections. Historically, water connections have been purchased without immediate plans for their use. This practice has required the city to retain capacity in its culinary water system for these potential users while receiving no revenue for reserving this capacity. Therefore, effective with the passage of this ordinance the city shall charge all such holders of unused connections the minimum monthly service charge as established by the city council.

Temporary service disconnection and new service reconnect. When service is temporarily discontinued at the owners request, or when a home or business changes owners, a $25.00 service fee will be assessed when services are resumed or ownership transfers. This fee may be changed from time to time by resolution of the city council.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.060. - Rates and fees.#

The city council shall from time to time, by resolution, establish such rates and fees as it deems proper for the water service provided by the city and the uses made thereof by the users. In establishing rates, the city council may classify the type of service provided and the uses made of the water system and provide different rates for the classifications so made. All rates and fees promulgated by the city council shall be made of public record, filed with the city recorder, and be available for inspection by any person during normal business hours.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.070. - Board of equalization.#

The city council is hereby constituted as the board of equalization of water rates and fees, to hear complaints and make correction of any assessments deemed to be illegal, unequal, or unjust. The city council may, as it sees fit, rebate all or any part of the water bill of any indigent person.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.080. - Billings and discontinuance of service.#

The city treasurer shall mail a written statement to each user of water service every month for the base water rate and for any water used over the minimum allowed gallonage during periods when the water meters are read. Said statement shall specify the amount to be paid for water service and the place of payment and the date due. If any person fails to pay his water charges within 90 days of the due date, the city treasurer shall notify him by phone or a notice attached to the premises that water service will be discontinued within three days if payment in full is not received or acceptable arrangement made to pay all charges. At the end of the three days, if payment or arrangements to pay have not been made, the city treasurer shall notify the water department to shut off all water service to the premises involved. Before said service to said premises shall again be provided, all delinquent water charges must have been paid to the city treasurer together with such re-connection fee or special expense charge as the city council may by resolution from time to time authorize the city treasurer to collect. The legal owner of rented property shall be responsible for the foregoing. The city treasurer is hereby authorized and empowered to request the city attorney to enforce the payment of all delinquent water service charges by an action at law in the name of the city.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.090. - Use after service is disconnected.#

It shall be unlawful for any person, after the water has been turned off from his premises on account of non-payment of service fees or other violation of the rules, regulations, or ordinances pertaining to the water system, to turn on the water or allow it to be turned on or used, without authorization from the city treasurer and the superintendent of the water department.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.100. - Access to premises.#

Free access shall at all reasonable times be allowed to the superintendent of the water department or other authorized person to all places supplied with service from the water system to examine the apparatus, the amount of water used, and the manner of use, and to perform such duties as they may have under this ordinance. It shall be unlawful to obstruct in any way the ability of authorized personnel to gain access to the premise's water meter. It shall also be unlawful to place any material in the water meter barrel without the written approval of the superintendent of the water department.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.110. - Separation of utilities.#

It shall be unlawful for any person to place any utility within ten feet of a water system line in a public right-of-way, except for right angle crossings, without first obtaining approval from the city council. All right-angle crossings of water system lines shall be approved by the superintendent of the water department who shall establish the conditions and standards under which such crossings may take place.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.120. - Water connections.#

Upon payment of the fee for a water connection in such amount as may be established from time to time by resolution of the city council, it shall be the responsibility of the water department to make such connection or connections, but only on condition that all applicable city ordinances, rules and regulations have been complied with; provided however, the responsibility for providing labor and materials for water connections shall be governed by such policies and regulations as may be promulgated from time to time by the water department and such policies and regulation may require the person from whom the connection is made to make such connection under such supervision and standards as the department may require or to furnish all or a portion of the labor and materials necessary to make the connection. It shall be unlawful for any person to connect any water line with the public water main unless such person has received a permit to do so and unless such connection is inspected and approved by the superintendent of the water departments or other authorized city inspector.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.130. - Water meters.#

All structures, dwelling units, and establishments using water from the city culinary water system must have such number and size of water meters connected to their system as are necessary to meet the requirements of the Uniform Building Code and city requirements. Meters will be furnished by the city as a part of the required connection fee. Meter readings shall be taken at regular intervals as determined by the superintendent of the department and shall be submitted to the city treasurer for the purpose of making necessary billings for water service.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.140. - Service lateral.#

A separate and independent service lateral for water service shall be provided for every building used as a dwelling except in cases of undue hardship where the city council deems it necessary to make an exception. The water user shall bear full responsibility for the upkeep and maintenance of all water system lines and fixtures beyond the water meter.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.150. - Multiple connections.#

Where two or more families or premises are supplied from the same service pipe and meter on the effective date of this ordinance, the failure on the part of any of said parties to comply with the provision of this ordinance shall be grounds for the city to withhold the supply of water through said service pipe and meter until a separate meter and service pipe is installed for each user of the water under a separate application. From and after the effective date of this ordinance all dwelling units and premises under separate ownership shall be served by individual water meters except in cases of undue hardship or in planned unit developments when approved by the city council.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.160. - Use of water only on connected premises.#

It shall be unlawful for any water user to permit any person from other premises, or unauthorized persons, to use or obtain water regularly from his premises or water fixtures, either outside or inside his building, unless specifically approved by the city council.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.170. - Waste prohibited.#

It shall be unlawful for any water user to waste water, or allow it to be wasted, by imperfect stops, taps, valves, leaky joints or pipes, or allow tanks or water troughs to leak or overflow, or to wastefully run water from hydrants, faucets, or stops or through basins, water closets, urinals, sinks, or apparatus or to use water in violation of the rules, regulations, or ordinances for controlling the city water system, except in cases of frost danger as approved by the city council.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.180. - Fire hydrants.#

All public fire hydrants shall be under the control of and shall be kept in good repair by the water department. In case of fire, the fire department shall have free access to said hydrants. No other person shall open or operate any fire hydrant, or attempt to draw water therefrom without a permit from the water department superintendent. All water drawn from a fire hydrant for other than fire protection within the city limits, and city uses, may be sold at a rate established by the city council.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.190. - Scarcity of water.#

In times of scarcity of water, whenever it shall in the judgment of the mayor and city council to be necessary, the mayor shall by proclamation limit the use of water for other than domestic purpose to such extent as may be necessary for the public good. It shall be unlawful for any person by himself, family, servants, or agents, to violate any proclamation made by the mayor in pursuance of this section.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.200. - Water system extension.#

All extensions to the existing water system which are not covered by regulations in the approval of subdivisions and large scale development shall comply with the provisions of this section. 1.

Any person desiring to extend the water system may make application to the city council. Such application shall be considered by the city council on a case by case basis and the council shall approve such applications if (a) the proposed extension is to be constructed consistent with the city's extension standards, (b) there is adequate reserve water available to supply said need, and (c) the existing distribution system is adequate to supply the needed water to the point of beginning of the extension.

The application shall contain a description of the proposed extension accompanied by a map showing the location thereof. Detailed engineering drawings showing the location and size of all lines, mains, service laterals, appurtenant facilities, anticipated water pressures and fire flows shall be included. The application shall also include an extension agreement signed by the applicant in a form approved by the city council by which the applicant agrees to construct the facilities, both onsite and off-site, and accepts the conditions agreeing to reimbursement as outline in this section.

Before any such application is approved, the city council shall refer it to the water department superintendent for his review and comment. The application may also be referred to the planning commission and the city engineer for similar review and recommendation.

The design, location, materials, methods and standards of construction of water line extensions shall be in accordance with city standards and specifications as approved by the city council.

The city council may require the construction of over sized and off-site facilities as a condition of the approval of any application governed by this section.

Upon completion of an extension, the applicant's share of the actual cost of making such extension shall be determined by the city engineer from as-built drawings to be provided by the applicant. Whenever an extension of a water main benefits property which is adjacent to the extension or extended from the end of an existing extension, other than that which is owned by the applicant, the city will enter a deferred credit on its books and records in the amount of the actual prorated cost of extension across the front of said benefited property and shall reimburse the applicant, his assignees or successors, upon collection by the city of charges assessed, against such benefited property as service connections are made. All such reimbursements shall extend for a period of ten years from the date of the completion of the extension and acceptance by the city, or until the initial prorated cost of the extension along the frontage not owned by the applicant shall have been refunded.

A water main extension charge for each and every subsequent service connection to an extension under the provisions of this section shall be paid before such service connection is made, except for frontage owned by the applicant at the time of the application. The water main extension charge is separate and is in addition to any service connection charge required by the city.

The amount of an extension charge to benefited property shall be determined by multiplying the number of linear feet of frontage in the lot or parcel for which service connection is requested by one-half the average cost per linear foot of said extension. All necessary fire hydrants and appurtenances that are provided in making the extension shall be included in determining the average cost per linear foot.

All extension charges levied for purposes of reimbursement shall be determined using the costs for installing water mains of eight inches in diameter. Where the city requires that the extension be made using larger lines, the difference between the cost of installing an eight-inch water line and the size required by the city shall not be subject to reimbursement by the property owners which are served by said extension. All cost for the line size over eight inches shall be born by the city upon approval of the city council. All main water line extensions become the property of the city upon acceptance by the city.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.210. - Addition of other facilities.#

The addition of culinary water storage facilities, pumps, water sources, or other major appurtenance shall comply with provisions of this section. 1.

Any person desiring to construct a water storage facility, pumps, water sources or other major appurtenant to the city's water system may make application to the city council. Such application shall be considered by the city council on a case by case basis and the council shall approve such applications if (a) the proposed addition is to be constructed consistent with city standards, (b) there is adequate reserve water available to supply said need, and (c) the existing distribution system is adequate to supply said water to the point of new facilities.

The application shall contain a description of the proposed water storage facility, pumps, water sources or other major appurtenances accompanied by a map showing the location thereof. Detailed engineering drawings showing the location and size of water storage facility, pumps, water sources or other major appurtenant connections of these improvements to the existing city water facilities and area to be served shall be included. The application shall also include a major water system agreement signed by the applicant in a form approved by the city council by which the applicant agrees to construct the water storage facility, pumps, water sources or other major appurtenant and any on-site or off-site connecting water lines, and accepts the conditions agreeing to reimbursement as outlined in this section.

The design, location, materials and methods and standards of construction of water storage facility, pumps, water sources or other major appurtenances shall be in accordance with city standards and specifications as approved by the city council.

The city council may require the construction of over sized water storage facilities, pumps, water sources or other major appurtenances as a condition of the approval of any application governed by this section.

Upon completion of a water storage facility, pumps, water sources or other major water appurtenances, the applicant's share of the actual cost of construction shall be determined by the city engineer from as-built drawings to be provided by the applicant. Whenever the construction of a water storage facility, pumps, water sources or other major appurtenances benefits property which has been identified by the city prior to its construction, other than that which is owned by the applicant, the city will enter a deferred credit on its books and records in the amount of the actual prorated cost of construction of the water storage facility, pumps, water sources or other major appurtenances on an acreage basis for said benefited property and shall reimburse the applicant, his assignees or successors, upon collection by the city of charges assessed against such benefited property as service connections are made. All such reimbursements shall extend for a period of ten years from the date of the completion of the construction and acceptance by the city, or until the initial prorated cost for the construction of the water storage facility, pumps, water sources, or other major appurtenances benefiting identified acreage not owned by the applicant shall have been refunded.

A major water system improvement charge for each and every subsequent service connection in the area identified receiving water storage, pumps, water sources or other appurtenances benefiting from this construction under the provisions of this section shall be paid before such service connection is made, except for acreage owned by the applicant at the time of the application. The major water system improvement charge is separate and is in addition to any service connection charge required by the city.

All major water system improvement charges levied for purposes of reimbursement shall be determined by dividing the cost of the water storage facility, pumps, water sources or other major appurtenances and connecting lines by the number of units served in the identified service area. Where the city requires that the water storage facility, pumps, water sources or other major appurtenances to contain capacity for existing developed acreage, the cost to construct this additional capacity shall not be subject to reimbursement by the property owners m the identified service area. All cost for increased size in the water storage facility, pumps, water sources, or other major appurtenances for existing developed acreage in the identified service area shall be born by the city upon approval of the city council.

At the option of the city the water storage-facilities, pumps, water sources and/or other major appurtenances shall become the property of the city. The city may elect to receive the facilities absent any pumping facilities requiring the area served to be responsible for and to maintain the same.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.220. - Annexation.#

It is the intent that land annexed to Kamas City be accompanied by water rights sufficient to accommodate the needs of the existing and potential occupants of said land. The water rights conveyance requirement of annexation shall be in addition to any requirement that may be imposed upon development of the land after annexation. 1.

Amount of water required. All persons annexing land shall, at such times as herein set forth, as a condition of annexation, make available for sale to the city, at the currently established fair market rate, water rights capable of producing (in a normal water year), amounts equivalent to one acre foot per single family residential lot. Requirements for developments for other than single family residential lots shall be made on an equivalent user basis. Said right shall be of a type acceptable to the city (i.e., irrigation stock, underground water rights, stock in a water company), and shall be conveyed in accordance with the provisions of this section.

In satisfying the requirements of water offering as defined above, the applicant shall first make available for sale to the city, all water rights appurtenant to the land being annexed, to the extent the requirement is fulfilled. The city shall have one year from the date the water is offered to accept and finalize payment. The city may elect to trade a portion of the end user connection fees associated with the development, for an equivalent amount of water stock. The city may, at the discretion of the mayor and the city council, decline to purchase the water rights so offered, and in such event will release the developer from all requirements associated therewith. Where water rights availability is inadequate to meet the conveyance requirements, the applicant may be required to purchase additional water stock for that portion of the requirement not satisfied.

In the event those requesting annexation are not required to furnish the total amount of water that has historically been used on the parcel of land to be annexed, Kamas City shall have the first right of refusal to purchase the remaining shares.

Annexation without owner's consent. Whenever land is annexed without the consent of the owner, the conveyance of water rights, as set forth in this section, shall not be required.

Continued use. All water which is represented by water rights acquired by the city pursuant to this section, which rights have heretofore been used to supply irrigation water on land so annexed, may continue to be used to supply irrigation water on land so annexed, subject to payment of the applicable irrigation assessments by the water user, until said land shall be developed or used for non-agricultural purposes, or until the use of said water on said land shall be abandoned for irrigation purposes, or until such water rights are transferred by the city for culinary use. The city may, at any time, elect to use said water rights for municipal purposes at any place within its water system.

Exceptions.

Lands owned by non-developing owners. Whenever land is annexed wherein the owner does not intend to develop his property, the conveyance of water rights by the nondeveloping owner, shall not be required at the time of annexation. Provided, however, that the resolution annexing the territory shall note all parcels annexed wherein the owner does not intend to presently develop his property, and shall provide that future development of these lands will require the offering of said water rights as applicable, prior to the granting of any approval or the issuance of a building permit by the city. The city shall also file with the county recorder a notice of interest to that effect for each parcel so annexed, and shall maintain a map showing all parcels which have been annexed without satisfying the water rights requirements.

Lands owned by state and federal agencies. Whenever lands owned by a state or federal agency are proposed for annexation, the city council may waive the water rights requirements when the use of the land by said agency will not require the providing of culinary water by the city.

Time of conveyance. For all owners of parcels planning development upon annexation, the offering of water rights as applicable shall occur prior to the time of final action of the annexation by the city council. Provided, however, that the city council may authorize conveyance of the rights to the city at a time after completion of annexation proceedings, provided all of the following are met and are outlined in the agreement as outlined in this section:

That, in the opinion of the council, there is good and sufficient reason to delay the time of conveyance.

There is adequate assurance that the water rights proposed for conveyance are irrevocable committed to the city through placement in escrow or similar third party arrangement. Said arrangement shall be established prior to the action to annex.

The timing and/or condition for execution of the conveyance are clearly stipulated; the escrow agreement.

That the authority to execute such conveyance rests solely with the city.

That there are not encumbrances on said rights which may prohibit their subsequent conveyance without cost to the city.

Content of conveyance agreement. Prior to conveyance of title of water rights to the city, the city and the developer/land owner shall enter into a written agreement which shall outline all of the terms of such conveyance. Such an agreement shall include, but shall not be limited to:

The type of rights to be given to the city (including share numbers or water right number if available);

The amount of water conveyed by said rights;

The contents of any escrow agreements entered into under the conditions of this section which shall, as a minimum, provide that title to the water rights shall pass to the city upon the granting of an approval of a development project (subdivision, planned unit development, etc.) and payment for such rights by Kamas City. No building permit shall be granted on such property until the water rights requirement is met, or the requirement is waived by the city as allowed for herein.

Neither the planning commission nor the city council shall waive the requirements of this section.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.230. - Cross connection and backflow prevention.#

All water connections provided for by this ordinance shall require appropriate cross connection and backflow prevention devices as specified in Kamas City Ordinance 89-1.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.240. - Conflicting ordinances repealed.#

All ordinances, regulations, resolutions, and parts thereof which are in conflict with the provisions of this ordinance, to the extent of such conflict are hereby repealed. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this ordinance.

(Ord. 2015-04, 11/10/2015)

Sec. 7.04.250. - Penalty.#

Any water service user violating any of the rules, regulations, or ordinances controlling the water system, shall forfeit all payments made and the right to the use of said service, and service to the premises of such user shall be discontinued. In addition to the foregoing penalty, any person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be liable to punishment by a fine in an amount not to exceed $1,000.00, or by imprisonment for a term not to exceed six months, or both such fine and imprisonment.

(Ord. 2015-04, 11/10/2015)

CHAPTER 7.06. - BILLING PROCEDURES#

Sec. 7.06.010 - Billing procedures.#

The city treasurer, or designee, shall send a written statement to each account for city provided services, which services may include culinary water service, sewer service, solid waste collection service, and all other services that the city collects payment for or provides. The statement shall also include all accrued late fees, costs, and penalties. The statement shall also include all fines and charges imposed by the city, if such fine or charge is attributable to the person or property associated with the account.

The statement shall be a single statement with only one account per property, to be billed to the record owner of the property, regardless of whether the property is owner occupied or renter occupied. The statement shall include all charges applicable to the property and shall separately specify the amount of the bill for each service or charge.

Payment of the charges for city provided services shall be accepted only when the charges for all the services are paid at the same time, to the extent allowed by Utah law. Partial payments will be credited to the oldest outstanding balance/amount. Acceptance of partial payments shall not constitute a waiver or release of any unpaid charges and shall not prevent the account from being deemed delinquent.

(Ord. No. 2024-04, § 1(Exh. A), 7/9/2024)