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7.04 - Water Services#
7.04.010 - Application for Water Service#
Any individual who desires or is required to secure water service when such service is available from the Town water system shall file with the Town Clerk a written application and agreement for service. A tenant on property owned by someone other than the tenant will be charged a deposit fee of $150.00.
7.04.020 - Non-Owner Applicants — Agreement of Owner#
The owner of the property is solely responsible for the payment of the water services provided by the city for those particular premises. Applications for water service made by the tenant of the rental shall, in addition to filling out an application, provide a written notarized agreement by the owner of the property stating that the owner of said rental property agrees to provide the full payment of the water service/services if the tenant moves and leaves a balance due on the water account.
7.04.030 - Rates and Connection Fees#
The rates, penalty fee for the delinquency in payment connection fee and other charges incidental to connection and services for the Town water system shall be fixed from time to time by resolution enacted by the Town Council. The Town Council may from time to time promulgate services and all other rules necessary for the management and control of the water system. The rates and fees under this section, as enacted by resolution of the Town Council, shall be updated, maintained and listed in the General Revenue Fee Schedule, Title 4 Chapter 12, of the Town of Virgin Municipal Code.
(Ord. No. 2024-18, § 1, 11/19/2024)
7.04.040 - Use Without Payment Prohibited#
It shall be unlawful for any individual by his or herself, family, servants, or agents to utilize the Town water without paying therefore, as herein provided or, without authority, to open any valve or other fixture attached to the system of water supply unless it is done pursuant to proper application, agreement, or resolution. It shall be unlawful to injure, deface or impair any part or appurtenance of the water system, or to cast anything into or at any reservoir or tank belonging to the water system.
7.04.050 - Delinquency — Discontinuance of Service#
The Town Clerk shall furnish to each user a written or printed statement stating thereon the amount of water assessed against the individual once each month. Any user who shall neglect or refuse to pay the amount due on or before the date due, shall be assessed a penalty charge. If any individual fails to pay the water charges within 90 days of the date due, and 60 days of the date due for tenants, the Town Clerk or water supervisor, shall immediately provide written notice to the user (tenant) and owner of the property of an impending shut off date and obligation to pay. The user (tenant) or owner may request in written form to make arrangements to make payments with the Town Clerk. Whereupon, if a request to make payments are made, the user will sign a contract with the Town outlining the payment schedule. Failure of the user or owner, or both to make arrangements, or to abide by such arrangements made, will result in the water superintendent shutting off the water service to the owner's premises. If a property renter who has agreed to be responsible for payment of the water services FAILS to make payments, the owner of the property will be completely responsible for the water service payment in full.
7.04.060 - Reinstallation of Water Service Following Termination#
If the water service is terminated as provided above, ALL DELINQUENT WATER CHARGES, PENALTIES AND COSTS PROVIDED FOR THE WATER SERVICE MUST BE PAID TO THE TOWN CLERK BEFORE WATER SERVICE WILL BE REINSTATED. The Town Council established a reinstatement charge of $50.00 for turning on the water service. Furthermore, in addition to payment and penalties, a delinquent user (tenant) or owner will be required to file a new application and pay a DEPOSIT FEE OF $50.00.
7.04.070 - Turning on Water After Being Turned Off Prohibited#
It shall be unlawful for any person, after the water has been turned off from the premises for nonpayment of water charges or other violation of the ordinances, rules, regulations, or resolutions pertaining to the water supply, to tum on or allow the water to be turned on or used without authority from the water superintendent or Town Clerk.
7.04.080 - Water Development Surcharge Fee#
A.
Creation of Water Development Surcharge Fee. There is hereby imposed and levied a Water Development Surcharge Fee on each equivalent residential connection that provides services in the Town. This Water Development Surcharge Fee shall be a monthly fee at a rate determined by the Washington County Water District pursuant to Section 8.3 of the Revised Regional Water Supply Agreement effective January 1, 2019 (the "Revised RWSA").
B.
Initial Fee and Amendments. The Water Development Surcharge Fee shall be an initial fixed fee of $1.75 per ERC per month. The Town Council may from time to time amend the fee by resolution of the Town Council to reflect changes or amendments to the Revised RWSA. The Water Development Surcharge Fee shall be updated, maintained and listed in the General Revenue Fee Schedule, Title 4 Chapter 12, of the Town of Virgin Municipal Code.
(Ord. No. 2024-18, § 2, 11/19/2024)
7.04.090 - Water Development Surcharge for Excess Water Use Fee#
A.
Creation of Water Development Surcharge for Excess Water Use Fee. There is hereby imposed and levied a Water Development Surcharge for Excess Water Use Fee per each thousand gallons of water used that exceeds the designated monthly demand threshold for volume of water per meter size that provides services in the Town. This Water Development Surcharge for Excess Water Use Fee shall be assessed monthly at a rate determined by the Washington County Water District pursuant to Section 8.3 of the Revised Regional Water Supply Agreement effective January 1, 2019 (the "Revised RWSA").
B.
Initial Fee and Amendments. The Water Development Surcharge Fee for both residential and non-residential water connections existing prior to January 1, 2023 shall be an initial fee of One Dollar ($1.00) per each thousand gallons of water used that exceeds the designated monthly demand threshold for volume of water per meter sizes shown in the table below. The Town Council may from time to time amend the fee by resolution of the Town Council to reflect changes or amendments to the Revised RWSA. The Water Development Surcharge for Excess Water Use Fee shall be updated, maintained and listed in the General Revenue Fee Schedule, Title 4 Chapter 12, of the Town of Virgin Municipal Code.
1.
For Both Residential and Non-Residential Connections existing prior to January 1, 2023:
Meter Size Monthly Demand Threshold (gal)
3/4" 36,000
1" 80,000
1.5" 260,000
2" 420,000
3" 850,000
4" 1,400,000
6" 2,600,000
8" 4,200,000
C.
Initial Fee and Amendments (past January 1, 2023). The Water Development Surcharge Fee for both residential and non-residential water connections on or after January 1, 2023 shall be an initial fixed fee of Ten Dollars ($10.00) per each thousand gallons of water used that exceeds the designated monthly demand threshold for volume of water per meter sizes shown in the table below. The Town Council may from time to time amend the fee by resolution of the Town Council to reflect changes or amendments to the Revised RWSA. The Water Development Surcharge for Excess Water Use Fee shall be updated, maintained and listed in the General Revenue Fee Schedule, Title 4 Chapter 12, of the Town of Virgin Municipal Code.
1.
For New Residential Connections after January 1, 2023:
Residential Thresholds for New Connections Season Winter
December,
January,
February Spring
March,
April Summer
May, June,
July, August,
September Fall
October,
November
Potable Only
Residential
Connection 8,000 gallons per
month 15,000 gallons
per month 20,000 gallons per
month 15,000 gallons per
month
Potable and Non-
Potable
Residential
Connection 8,000 gallons per
month 8,000 gallons per
month 8,000 gallons per
month 8,000 gallons per
month
2.
For New Non-Residential Connections after January 1, 2023:
Meter Size Monthly Demand Threshold (gal)
3/4" 36,000
1" 80,000
1.5" 260,000
2" 420,000
3" 850,000
4" 1,400,000
6" 2,600,000
8" 4,200,000
D.
Administrative Fee. To help cover administrative costs of collecting the excess water use surcharge, Virgin Town will retain 5% of the excess water use surcharge as an administrative fee before proceeds to the Washington County Water Conservancy District.
(Ord. No. 2024-21, § 1, 12/17/2024; Ord. No. 2025-01, § 1, 1/21/2025)
7.10 - Residential Recycling#
7.10.010 - Definitions#
For purposes of this Chapter, the following terms shall have the following meanings:
"Bi weekly" every other week.
"Curb or curbside" within 3 feet of any curb, sidewalk or other location immediately adjacent to any street, highway or road which is accessible to waste collection vehicles.
"Opt out rules and regulations and procedures" rules, regulations and procedures pursuant to which an owner of a residence or residential unit may elect to opt out of curbside residential recycling collection services.
"Overall residential recycling participation rate" the number of residences or residential units, calculated at the end of each quarter and expressed in a percentage, who participate or are required to participate in curbside residential recycling collection services when compared to the total number of residences or residential units in all municipalities that have elected to participate in the curbside residential recycling collection program.
"Participating residence" any residence or residential unit for which an owner has not opted out of curbside residential recycling collection services in accordance with City's opt out rules and regulations.
"Recyclable materials" those materials listed in Exhibit "B" and by this reference incorporated herein, but specifically excluding glass, plastic bags, used oil, paint, hazardous waste, bulky waste, special waste and stable matter.
"Residence or residential unit" any home or other structure which is hooked to culinary water and power, is intended or used for human habitation, receives weekly collection of residential waste under the Residential Waste Collection Agreement using individual 94 gallon automated containers, and is billed as a residential unit in accordance with said Residential Waste Collection Agreement.
For purposes of this Chapter, a residence or residential unit does not include: (a) units in an apartment complex with more than eight (8) dwelling units, (b) units in condominium or townhome complexes used primarily, when considered as a whole, for rental purposes, (c) dwelling units in residential developments which, because of limited access, receive weekly collection of residential waste using dumpsters instead of individual 94 gallon containers, (d) units in RV Parks used primarily for overnight or other temporary rental of less than 30 consecutive days, and (e) motels and hotels.
"Residential recycling container" a waste receptacle specifically approved by Washington County Special Service District No. 1 for residential recycling, with a capacity of 90-100 gallons, equipped with a tight-fitting, permanently attached lid and wheels for easy movement, and specifically designed for automated pick up.
"Residential Waste Collection Agreement" means the agreement between Washington County Special Service District No. 1 and Allied Waste Services, Inc (now known as Republic Waste Services, Inc.) dated November 25, 2008.
7.10.020 - Establishment of Curbside Residential Recycling Collection Program#
Subject to the terms and conditions stated herein, the Virgin Curbside Residential Recycling Collection Program (hereafter "the curbside recycling program") is hereby established.
7.10.030 - Collection Service#
The Town of Virgin, by and through Dixie-Waste Services, Inc., shall provide or make available bi-weekly collection service to each participating residence or residential unit within Virgin of recyclable materials placed at or near the curb in residential recycling containers which shall be delivered, maintained, repaired and replaced by Washington County Special Service District No 1.
7.10.040 - Terms of Agreement to Control#
All aspects of said curbside recycling collection service shall be governed by and shall be subject to the terms and conditions of "Curbside Residential Recycling Collection Agreement'' between Washington County Special Service District No. 1 and Dixie Waste Services, Inc., a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference.
7.10.050 - Opt Out Rules, Regulations and Procedures#
For the purpose of determining which residences within Virgin are participating residences in the curbside residential recycling collection program, the following regulations and procedures are hereby adopted: A.
An owner of a residence which is occupied or which has received a certificate of occupancy at any time before the expiration of sixty (60) days from the effective date of this Chapter may elect to opt out of curbside residential recycling collection service, provided that said election:
1.
Is in writing,
2.
Identifies by lot number, address or legal description the residence to which the election shall apply,
3.
Is signed by at least one owner of the property upon which the residence is located, and
4.
Is received by the Town before the expiration of sixty (60) days from the effective date of this Chapter.
B.
The election made by an owner of a residence to, opt out of curbside residential recycling collection service pursuant to Subsection A above shall continue in effect until such time that said election is terminated by any of the following events:
1.
An owner of said residence requests in writing that the election to opt out of curbside residential recycling collection service be cancelled or rescinded,
2.
Ownership of said residence is transferred to another person or entity through sale or other transfer, or
3.
A change is made in the designation of the person or entity responsible for payment of utility service.
C.
The following residences or residential units shall be deemed to be a participating residence in the curbside residential recycling program and shall be subject to the provisions of this Chapter:
1.
Any residence described in Subsection A above whose owner, does not elect to opt out of curbside residential recycling collection service,
2.
Any residence whose election to opt out of curbside residential recycling collections service has been terminated in accordance with the Subsection above, and
3.
Any residence which receives a certificate of occupancy, or relocates within Town limits, after the expiration of sixty (60) days from the effective date of this Chapter, shall have sixty (60) days to opt in or out.
D.
Notwithstanding the provisions of Subsections A through C above, the Town Council, after receipt of a written request by an owner and after a hearing on such request, shall have authority to grant a variance to the above provisions based on a showing of undue hardship or other extraordinary circumstances.
7.10.060 - Establishment of Residential Fees#
The owner or occupant of each participating residence or residential unit within the Town of Virgin to or for which curbside recycling collection service is provided or is made available shall be required to pay to Virgin the amount of $3.82 per month until such time that the overall residential recycling participation rate reaches 70%, at which time the residential fee shall be the amount of $2.94 per month.
7.10.070 - Monthly Billing#
Fees for the curbside residential recycling collection service described herein shall be paid on a monthly basis, and shall be included in any monthly billing or statement for other municipal services supplied by Virgin, including water, power, sewer, etc., and shall be subject to all collection procedures for utility services provided by the Town of Virgin.
7.10.080 - Curbside Recycling Program In Addition To Regular Waste Pickup#
The curbside residential recycling collection services provided for herein shall supplement and shall be in addition to the regular residential waste collection services currently being provided by Virgin in accordance with Residential Waste Collection Agreement, and the monthly fee for the recycling collection services described herein shall be in addition to the monthly fee for said regular residential waste collection services.
7.10.090 - Date of Commencement of Program#
The curbside residential recycling collection service and payment of the monthly fee, as described herein, shall commence on January 1, 2016, provided that the initial overall residential recycling participation rate as of November 1, 2015 is 50% or higher.
7.12 - Municipal Garbage#
7.12.030 - Municipal Garbage Rates#
The minimum rates for municipal garbage are $10.00 per month.
(Adopted by Res. 2006-12-27 on 12/27/2006)