Ordinance NO. 1982-1
An ordinance providing rates to be charged for water service by the Laidlaw Water District; prescribing the rules and regulation for the conduct and operation of the water system of said district and connection therewith; regulating and governing the use of water from said system; providing penalties for nonpayment of water service and for violation of this ordinance; and declaring an emergency.
The Laidlaw Water District ordains as follows:
Section 1: Rules and Regulations
1. Short Title
This ordinance shall be known as “Rates, Rules and Regulations for the Operation of Laidlaw Water district, Deschutes County, Oregon”, and may be so cited and pleaded.
The District and all customers receiving services for the District, whether inside or outside the district limits, are bound by these rules and regulations of the District.
Section 2: Definitions of General Terms
Whenever the word “District” is use, it shall mean the legally constituted Laidlaw Water District, Deschutes County, Oregon.
2. Board of Commissioners
Whenever the “Commissioners” is used, it shall mean the legally elected group of members composing the Board of Commissioners.
Whenever the word “applicant” is used, it shall mean the person or persons, firm or corporation making application for water service from the District under the terms of these regulations.
4. Customer or User
Whenever the words “customer” or “user” are used, they shall mean an applicant who has been accepted under the terms of these regulations and who receives water service from the District.
5. Equivalent residential unit (ERU): A unit of measurement to determine the service connection charge. The minimum number of ERU’s is one, partial units over one are rounded off to the nearest full residential unit, half units are rounded off to one full residential unit.
Section 3: Service Area
1. The area served by the District shall be all that area included within the limits of the District and such other contiguous and neighboring territory and the Board of Commissioners shall, from time to time, deem necessary to serve.
Section 4: Description of Service
The District will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a reasonable pressure and to avoid so far as reasonably possible any shortage or interruption in delivery.
The District will exercise reasonable diligence to supply safe and potable water at all times.
3. Ownership of System
All water mains, valves, meters, fitting, hydrants and other appurtenances, except “customer service lines”, as defined in Section 7, subsection (1) herein, shall be the property of the District.
4. Classes of Service
The Classes of service shall be Residential, Commercial and Contract as further qualified by the number after the class as follows:
1. Inside District Boundary
2. Outside District Boundary
a) Residential Service: Residential service shall consist of all services for domestic purposes, to single family dwellings.
b) Commercial Service: Commercial service is defined as any service with larger than a ¾ inch meter pipe.
c) Contract service: Shall consist of those services for industrial or independent water district purposes under contracts authorized by the District. When the applicant’s requirements for water are unusual or large, or necessitate considerable special or reserve equipment or capacity, the District, through the board of Commissioners, reserves the right to make a regulations. This special contract shall be in writing, signed by the applicant and approved by the Board of Commissioners and the District’s attorney.
5. Resale of Water
Resale of water shall be permitted only under special contract in writing, between the Board of Commissioners and the persons, parties or corporation selling the water.
6. Service Preference
In case of shortage of supply, the District reserves the right to give preferences in the matter of furnishing service to customers and interests of the District from the standing of public convenience or necessity. Water services to users outside of the District limits shall at all times be subject to the prior and superior rights of the customers within the district limits.
Section 5: Application for Service
1. Application Form
Each applicant for water service or change of service shall sign an application form provided by the District giving the date of application, location of premises to be served, the date applicant desires service to begin, purpose for which service is to be used, the address for mailing of the billing, the class and the size of the meter service and such other information as the District may reasonably require. In signing the application, the customer agrees to abide by the rules and regulations of the District. The application is merely a written request for service and does not bind the District to serve.
2. Deposits and establishment of Credit
At the time application for service is made, the applicant shall establish his credit with the District.
a) Establishment of credit: The credit of the applicant will be deemed established:
1. If the applicant makes a cash deposit with the District to secure the payment of bills for service. The deposit shall be a sum equal to the estimated bill for 3 months service but not less and $75.00.
b) Deposits: At the time the deposit is given to the District, the applicant will be given a receipt the service is discontinued, the deposit will be applied to the closing bill and any amount in excess of the closing bill will be refunded. The District will not pay interest on any deposit.
c) Forfeiture of Deposit: If an account becomes delinquent and it is necessary to turn off the service, the deposit shall be applied to the unpaid balance due. Water service will not be restored to that premises or that customer at different premises until all outstanding bills due the District have been paid and the cash deposit replaced, together will a $75.00 service charge as provided in Section 9, Subsection 2.d herein.
3. Application Amendments
Customers desiring a material change in the size, character or extent of equipment or operation which would result in a material change in the amount of water used shall give the District written notice of such change prior to the change and the application for service shall be amended, charges to be determined by the District.
Customers desiring a change in the size, location or number of services shall fill out an amended application.
4. Seasonal Users
Customers desiring to use the water system on a seasonal basis will be required to make monthly payments in accordance with the rate schedule set forth in Section 9 Water rates. If the customer wishes to shut off the water during his/her period of absence, they may do so at the valve to be located at his/her expense between the meter and house on the customer service line. No penalty will be levied for this except as permitted for delinquent billings as outlined in this ordinance.
Section 6: Main Extensions
1. Within the District Boundary
Water main extensions to areas within the District not presently served with water shall be installed under procedures to be established by the Board of Commissioners. Sub dividers for newly partitioned properties will assume all costs of main extensions with the approval of the Board of Commissioners.
2. Outside the District
Water mains outside the District Boundary shall be extended only at the expense of the customers served. The main extensions shall become the property of the district at the time installed. The Board of Commissioners shall determine the size of the main extensions and all extensions shall be of a suitable material approved by the Board. Extensions outside the District Boundary shall be installed by the District or by contractors approved by the District. The installation procedures and materials used shall be in accordance with the District and the State of Oregon standards.
3. Locations of extensions
The District will make water main extensions only on right-of-way, easements or publicly owned property. Easements or permits secured for main extensions shall be obtained in the name of the Laidlaw Water District along with all rights and title to the main at the time the service is provided to the customers paying for the extensions.
Section 7: Services
The “service connection” shall be that part of the water distribution system which connects the meter to the main and shall normally consist of corporation stop, service pipe, curb stop and box meter, meter yoke and meter box. The “customer service line” shall be that part of the piping on the customer’s property that connects that service to the customer’s distribution system.
2. Ownership, Installation and Maintenance
The District shall own, install and maintain all services and installation and maintenance shall only be performed by authorized employees of the District. The customer shall own, install and maintain the customer service line.
3. Service Connection Charge
At the time the applicant files for service where no service previously existed, or if he is filing for a change in service size or location, he shall submit the service connection charge with his application.
This charge is to cover the cost to the District to install the service from the main to and including the meter housing. The service connection charge shall be as determined by the Board by resolution in the current published water rate schedule.
4. Size of Service
The District will furnish and install a service of such size and at such locations as the applicant requests, provided such requests are reasonable and that the size requested is one that is listed by the District. The minimum size of service shall be three-fourths inch. The district may refuse to install a service line which is undersized or oversized as determined by a study and report of the District’s engineer to the Board.
5. Changes In Service Size
Permanent changes in the size of the service line requested by the customer shall be paid by the customer to the District for making the changes. Charges will be determined by the District.
6. Length Of Service
Where the main is in a public right-of-way, the meter will be placed at the right-of-way nearest the property to be served for the standard connection fee, provided the length of service line does not exceed the width of the right-of-way. Where road crossings are necessary the applicant pays the cost.
Where the main is on an easement or publicly owned property other than designated right-of-way, the services shall be installed to the boundary of the easement or public property by the District provided the length of service does not exceed thirty feet (30’).
If, in either case cited above, the length of service line to the meter location exceeds the maximum stated, the applicant shall pay the extra cost of the line which is determined by the District.
7. Joint Service Connections
The District may, at its option, serve two or more premises with one connection. On new service connections, the inside diameter of such joint lines shall be sufficient to provide a carrying capacity of not less than the combined capacity of individual service lines of the same size as the meters installed.
Service extensions from an existing service to other occupancies or ownerships than that for which the existing service was intended shall not be permitted nor shall separate residences be permitted to receive service through on meter except under special considerations approved by the Board.
8. Number Of Service Connections On Premises
The owner of a single parcel of property may apply for and receive as many services as he and his tenants may require, provided his application or applications meet the requirements of the policies, rules and regulation.
9. Temporary Service Connections
For water service of a temporary nature, applicants shall be required to pay in advance the estimated cost of installation and removal of metering equipment and materials, plus a reasonable depreciation charge for the use of equipment and material furnished by the District. The applicant shall also pay his water bill in advance and based on an estimate of the quantity to be use, or he shall otherwise establish satisfactory credit.
a) Time Limit: Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the District.
b) Charge For Water Served: Charges for water furnished through a temporary service connection shall be at the established rates set forth in the current water rate schedule.
c) Installation Charge And Deposits: The applicant for temporary service will be required
1. To pay the District, in advance, the estimated cost of installing and removing all
facilities necessary to furnish each service
2. To deposit an amount sufficient to cover bills for water during the entire period
such temporary service may be used, or to otherwise establish credit approved by the District.
3. To deposit with the utility an amount equal to the value of any equipment loaned by the District to such applicant under the terms of Section 7, Subsection 11 (d) hereinafter.
d) Responsibility For Meters And Installation:
The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the District. If the meter or other facilities are damaged, the cost of making repairs shall be deducted for the deposit refund. If the loaned materials are returned in satisfactory condition and all bills paid, the full amount of the equipment deposit will be returned to the temporary customer at the termination of service.
10. Customer’s Plumbing
a) Plumbing Code: The customer’s plumbing, which shall include the customer’s service line and all plumbing, piping fixtures and other appurtenances carrying or intended to carry water, sewer or drainage, shall comply with the plumbing code of the State of Oregon.
b) Valves: Customers shall install a suitable backflow and control valve in the customer service line as close to the meter as possible, the operation of which will control the entire water supply to the premises served. In the event a customer’s service is discontinued for any reason, a control valve must be installed, if none exists, as provided by this section.
It shall be violation of these rules and regulations for the customer to operate, cause or permit unauthorized operation of the meter stop of any appurtenances on the service connection.
Section 8: Meters
The District will own and maintain all water meters. The District will not pay rent or any other charge for a meter or other water facilities, including housing and connection on a customer’s premises.
Installation of water meters shall be performed only by authorized employees of the District. All meters shall be sealed by the District at the time of installation, and no seal shall be altered or broken except by one of its authorized employees.
3. The Size And The Type Of Meter
Applicant may request and receive any size meter regularly stocked or furnished by the District, provided the request is reasonable and further provided that the meter is not greatly oversized or undersized. The District reserves the right to determine the type of meter to be installed.
4. Location Of Meters
Meters shall normally be placed at the curb or property lines; the meter will be installed wherever the applicant desires within reason, but the location must be approved by the District. The meters will not be located in driveways or other location where damage to the meter or its related parts may occur.
5. Joint Use Of Meters
The joining of several customers to take advantage of the single minimum charges and large quantity rates shall be prohibited, except under special contract, in writing, with the Board.
6. Changes In Size Or Location
If for any reason a change in the size of a meter and service is required, the installation will be accomplished on the basis of a new connection, and the customer’s application shall be so amended. Meters or service moved for the convenience of the customer will be relocated only at the customer’s expense.
Section 9: Water Rates
- Residential 1 (Inside District – 3/4” meter)
0 – 750 Cubic Feet $38.00 (Minimum)
751 – 1,750 Cubic Feet $.07 / Cubic Foot over 750
1,750 Cubic Feet and Above $.08 / Cubic Foot over 1,750
Residential 2 (Outside District, Commercial or 1” Meter)
0 – 750 Cubic Feet $44.00 (Minimum)
751 – 1,750 Cubic Feet $.076 / Cubic Foot over 750
1,750 Cubic Feet and Above $.087 / Cubic Foot over 1,750
The boundaries of the above special areas and pressure zones shall be established by the District and affixed to a map, the original of which map shall be available at the office of the Water District at all times.
2. Commercial Service
Commercial service is defined as any service with larger than a ¾ inch meter pipe. Charges for commercial service shall be the same as charges for residential service outside the district.
3. Contract Service
(Industrial, independent water district and all other special contract authorized by the Board)
4. Service Connection Charges
New service will include excavation and backfill to the meter; tapping the main; laying the pipe; installing the meter, yoke and meter box. Charges will be:
Per Economic Residential unit (ERU) $4,500.00
1. Single Family Dwelling with 3/4” meter is (1) one ERU
2. Single Family Dwelling with 1” meter. Rate is calculated as follows:
One (1) ERU for the first 2000 square feet and 0.50 ERU for each additional 2000 square feet of gross floor area.
3. Two Family or duplex dwelling is (2) two ERU
4. Multi-Family – The residential unit equivalent is obtained by multiplying the living units by 0.80 ERU, mobile home parks are included within this classification.
1. Institutional Uses:
a. Church, one residential unit per 0.009 person, average peak day attendance or past
year plus one (1) unit for kitchen.
i. Kindergarten, 0.05 ERU per person capacity. Pre-school and nurseries are
included within the classification.
ii. Elementary School, 0.08 ERU per person capacity.
iii. Junior and Senior High Schools, 0.10 ERU per person capacity.
iv. College, 0.15 per each Full-Time Equivalency Student (F.T.E.)
c. Nursing Homes, 0.65 ERU per rated bed capacity.
d. Hospital, 0.75 ERU per rated bed capacity.
e. Library, One (1) ERU.
2. Commercial Uses:
a. Retail Store, one (1) ERU for the first 2000 square feet and 0.50 ERU for each
additional 2000 square feet of gross floor area.
b. Service and Repair Shop, one (1) ERU for the first 1800 square feet and 0.50 ERU for
each additional 1800 square feet of gross floor area.
c. Bank and Office, except medical, dental and veterinary: one (1) D.U.E. for each 2000
square feet of gross floor area.
d. Medical, Dental and Veterinary Clinic, one (1) ERU for each 1000 square feet of
gross floor area.
e. Restaurant, one (1) ERU for each 600 square feet of gross floor area.
f. Automobile Service Station, two (2) ERU.
g. Barber Shop, 0.30 ERU per chair.
h. Beauty Shop, 0.38 ERU per chair.
i. Laundromat or Coin Operated Laundry, one (1) ERU per machine.
k. Civic Clubs and Lodges, .009 ERU per active member, plus one (1) ERU for each
kitchen and wet bar.
l. Bowling Alley, .04 ERU per lane, plus 1 ERU for every 600 square feel of gross floor
area for each restaurant.
m. Parks with restroom facilities, one (1) ERU each.
n. Recreational Vehicle holding tank dumping facilities, one (1) ERU if part of a service
station, the one (1) ERU would in addition to the ERU for the station.
o. Dry Cleaners, 3.10 ERU per each 1000 square feet gross floor area.
p. Recreational (commercial) Roller Rinks, Dance Halls, 0.27 ERU each 1000 square
feet gross floor area.
q. Spas and Athletic Facilities (with pool or gymnasium), 1.23 ERU per each 1000
square feet gross floor area.
r. Figure Salons (without pool or gymnasium), 1.23 ERU per each 1000 square feet gross
s. Armory, one (1) ERU
t. Carwash, 1.17 ERU per each wash stall.
u. Pet Grooming, 0.67 ERU per each 1000 square feet gross floor area.
v. Motels, boarding and rooming houses, 0.40 ERU per room. Dormitories are to be
included in the classification.
3. Uses Not Listed:
Uses not listed shall be computed by the use of actual water used divided by the equivalent resident unit quantity, not less than one (1) ERU.
Service connection fees will accompany the application.
Water rates may be increased in the manner provided by ORS 264.312.
Section 10: Notices
1. Notices to Customers
Notices from the District to the customer will normally be given in writing and either mailed to or delivered to his/her last known address. Where conditions warrant and in emergencies, the District may notify either by telephone or messenger.
2. Notices from Customers
Notices from the customer to the District may be given by the customer or his authorized representative orally or in writing at the office of the District or to an agent of the District duly authorized to receive notice or complaints.
Section 11: Billing and Payment
1. Meter Readings & Rendering Bills
Meters will be read every month through the year, except when weather prohibits. Bills will be rendered for those readings.
Estimated bills will be sent for any month in which a reading was not possible. The first
month a reading is made following a non-read month will pickup the excess usage (average over the two (or more) month non-read period) over the minimum monthly charge or estimated bills that are billed from above minimum usage.
a) Bills For More Than One Meter: All meters supplying a customer’s premises shall be billed separately, except where the District has installed two or more meters, for operational purposes – the District may combine readings for billing.
2. Payment of Bills- Delinquent Accounts
a) Bills will contain the final date payment is to be made. If the bill is not paid by that date, the account becomes delinquent unless the customer has made arrangements for a later due date.
b) delinquent accounts will be charged $15.00 plus the amount delinquent on the next bill rendered.
c) if the delinquent bill is not paid within 10 days after the receipt of the delinquency notice in the next bill, a service turn off notice will be sent. The notice will specify a date the service shall be discontinued.
d) When service is turned off, there will be a $75.00 charge for the restoration of service and the entire balance on the account will also become due. If personnel coming to the premises for the purpose of shut off make collection of the outstanding amount a collection charge of $50.00 will be assessed at that time.
e) Returned Checks will be charged a $25.00 fee and the account is treated as delinquent.
3. Installment Payments of Delinquent Accounts
a) In cases of extreme hardship, the district shall have the discretion of renewing service to a delinquent account upon receipt of a satisfactory installment plan for the payment of the overdue amount; installment period not to exceed the period of time the account was delinquent.
b) Meters will be tested in accordance with American Water Works Association standards, and be within prescribed registration parameters (+/- 2%). The District may test meters at their discretion and repair or replace meters as deemed necessary.
c) No meter involved in a disputed billing will be replaced until resolution of the bill dispute with the customer. Non registering meters will be replaced and bills will be estimated by previous use.
Section 12: Discontinuance of Service
1. On Customer Request
Each customer about to vacate any premises supplied with water service by the District shall give the district written notice of his/her intentions at least 2 days prior to thereto, specifying the date service is to be discontinued; otherwise, they will be responsible for all water supplied to such premises until the District shall receive notice of such removal.
2. Nonpayment of Bills
A customer’s water service may be discontinued if the water bill is not paid in accordance with the procedures listed in Section 11 of these rules and regulations.
3. Improper Customer Facilities
a) Unsafe Facilities: The District may refuse to furnish water and may discontinue services to any premises without prior notice where plumbing facilities, appliances or equipment using water are dangerous, unsafe or not in conformity with the plumbing code of the State of Oregon.
b) Cross Connections: A cross connection is defined as any physical connection between the District’s system and another source.
The Oregon State Board of Health and The U.S. Public Health Service prohibit cross connections.
Compliance with Oregon Water Regulations is mandatory.
The District will not permit any cross connection and will discontinue service to any persons or premises where a cross connection exists. Service will not be restored until the cross connection is eliminated. Customers using water from one or more sources in addition to receiving water from District on the same premises shall maintain separate systems for each; and the District’s water supply facilities shall be separated from any and all other systems by an air gap of not less than one (1) foot, or if in the ground, by not less than five (5) feet.
4. Water Waste
Where water is wastefully or negligently used on a customer’s premises, seriously affecting the general service, the District may discontinue service if such conditions are not corrected after due notice by the District.
5. Service Detrimental To Others
The District may refuse to furnish water and may discontinue service to any premises where excessive demands by one customer will result in inadequate service to others.
6. Fraud Or Abuse
The District will refuse or discontinue service to any premises where it is deemed necessary to protect the District from fraud or abuse. Discontinuance of service from one or both of these causes will be made immediately upon receipt of knowledge by the District that the condition or conditions exist.
7. Unauthorized Turn-on
Where water service has been discontinued for any reason and the water is turned on by the customer or other unauthorized person, the water may then be shut off at the main or the meter removed. The charge for shutting off the water at the main or removing the meter shall be computed at actual costs to the District plus 15% overhead, but not less and $350.00. These charges shall be billed to the offending customer and water shall not be furnished to the premises or customer until such charges are paid and the District has reasonable assurance that the violation will not reoccur. Any tampering with District facilities will be referred to the sheriff’s office.
8. Noncompliance With Regulations
The District may, upon five days’ notice, discontinue service to a customer’s premises for failure to comply with any of the provisions of these regulations.
Section 13: Restoration of Service
Restoration of service after discontinuance of service for unsafe facilities, water waste, fraud, abuse or for noncompliance with any of the policies, rules or regulations will only be made after the irregularity has been corrected and the District has been assured that the irregularity will not reoccur. The restoration charge shall be $75.00 plus any other charges due or past due that the District may have incurred to correct the irregularity.
Section 14: Unusual Demands
When an abnormally large quantity of water is desired for filling a swimming pool, log pond or for other purposes, arrangements must be made with the utility prior to taking such water.
Permission to take water in unusual quantities will be given only if the district facilities and other consumers are nor inconvenienced.
Section 15: Access to Property
All duly appointed employees of the District shall have free access at all reasonable hours of the day to any and all parts of structures and premises in which water is or may be delivered for the purposes of inspecting connections, the conditions of conduits and fixtures, and the manner and extent in which the water is being used. The District does not, however, assume the duty of inspecting the customer’s line, plumbing and equipment, and shall not be responsible therefor.
Section 16: responsibility for Equipment
1. Responsibility for Customer Equipment
The District shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer’s line, plumbing or equipment, nor shall the District be liable for loss or damage due to interruption of service or temporary changes in pressure. The customer shall be responsible for valves on his/her premises being turned off when the water service is turned on.
2. Responsibility for District’s Equipment
District equipment on the customer’s premises remains the property of the District and may be repaired, replaced or removed by the District employees at any time without consent of the customer. No payment will be made to the property owner for the right to install, maintain, replace or remove District equipment on his premises. The property owner must keep vicious dogs or other animals secured or confined to avoid interference with the utility operation and maintenance.
3. Damage to district Equipment
The customer shall be liable for any damage to equipment owned by the District which is caused by an act of the customer, his tenants, agents, employees, contractors, licensees or permitted. Damage to equipment shall include but not be limited to breaking of seals and locks, tampering with meters, injury to meters, including but not limited to damages by hot water or stream, and damaged meter boxes, curb stops, meter stops and other appurtenances.
Section 17: Fire Hydrants
No person or persons other than those designated and authorized by the district shall open any fire hydrant belonging to the District, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this regulation will be prosecuted according to law. No tool other than special hydrant wrenches shall be used to operate a hydrant valve. In cases where temporary service has been granted and received water through a fire hydrant, and auxiliary external valve will be provided to control the flow of water.
2. Moving a Fire Hydrant
When a fire hydrant has been installed in the locations specified by the proper authority, the District has fulfilled its obligation. If a property owner or other party desires to change the size, type or location of the hydrant, he shall bear all costs of such changes. Any changes in the location of a fire hydrant must be approved by the District and the Fire Marshall.
Section 18: Penalties
Any person violating any of the provisions of these rules and regulations, shall, upon conviction thereof, be punished by a fine not exceeding $250.00 or by imprisonment in the county jail for a period not exceeding 30 days, or both such fine and imprisonment.
Section 19: Suspensions of Rules
No employee of the District is authorized to suspend or alter any of the policies, rules and regulations cited herein without specific approval or direction of the Board, except in cases of emergency involving loss of life or property or which would place the water system operation in jeopardy.
Section 20: Easement
Each applicant and user gives and grants to Laidlaw Water District an easement and right-of-way on and across his/her property for installation of water mains and the necessary valves and equipment in connection therewith.
This ordinance is in addition to and supplements the provisions of ORS Chapters 264 and 198. If there is a conflict between this ordinance and the provisions of ordinance and state law, the stricter shall prevail where permitted by the law of municipal corporations.
Section 22: Constitutionality, Saving Clause
If any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder of this ordinance, but shall be confined in its operation to the clause, sentence, paragraph, section or portion of this ordinance directly involved in the controversy in which the judgment is rendered.
Whereas, Laidlaw Water District is in the process of making arrangements for providing a water system and plant and in connection with this, it is necessary that customers of the system be made aware of the rates to be charged and the rules and regulations under which the system will operate and that the same should be put in effect without further delay, an emergency is hereby declared to exist in the interest of the public peace, health and safety of the District and the inhabitants thereof, and this ordinance shall be in full force and effect from and after its passage by the Board of Commissioners.