The text
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
2.
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.
3.
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.
4.
Exceptions.
a.
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.
b.
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.
5.
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:
a.
That, in the opinion of the council, there is good and sufficient reason to delay the time of conveyance.
b.
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.
c.
The timing and/or condition for execution of the conveyance are clearly stipulated; the escrow agreement.
d.
That the authority to execute such conveyance rests solely with the city.
e.
That there are not encumbrances on said rights which may prohibit their subsequent conveyance without cost to the city.
6.
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:
a.
The type of rights to be given to the city (including share numbers or water right number if available);
b.
The amount of water conveyed by said rights;
c.
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.
7.
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)