7573-06
ORDINANCE NO. 7573-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO WATER AND WASTEWATER COLLECTION;
AMENDING CODE OF ORDINANCES, SECTION 32.095, ADDING
PROVISION FOR REDEVELOPMENT; SECTION 32.132,
REFERENCE CHANGE AND MINOR CONTENT UPDATES;
SECTION 32.138, REFERENCE CHANGE; SECTION 32.140,
ADDING FACILITIES REQUIRING DEVICES AND
RENUMBERING; SECTION 32.181, RENUMBERING AND
ADDING PRIVATE SYSTEM RESPONSIBILITIES; SECTION
32.182, DESCRIBING SERVICE REQUESTOR, LENGTHENING
PAYMENT INCREMENT ALLOWANCE AND MINOR CONTENT
UPDATES; SECTION 32.183, ADDING NEW AND ENHANCING
EXISTING DEFINITIONS FOR CLARIFICATION IN FUTURE
SECTIONS; SECTION 32.184, MINOR CONTENT UPDATES
DESCRIBING RESPONSIBILITIES; SECTION 32.185 ADDED
CROSS REFERENCES; SECTION 32.187, ADDING
RESPONSIBILITY CLARIFICATIONS, ADDING PROVISION FOR
REDEVELOPMENT, DELETING FUNDS APPROPRIATION
REQUIREMENT, UPDATING A REFERENCE AND MINOR
CONTENT UPDATES AND FORMATTING CHANGES; SECTION
32.198, ADDING GENERAL SEWER USE REQUIREMENTS
SUPPORTING DIVISION 2 PRETREATMENT AND DISCHARGE
RESTRICTIONS; APPENDIX A, XXIV, AMENDING WATER
SERVICES DEPOSITS; APPENDIX A, XXV, AMENDING WATER,
RECLAIMED WATER IMPACT FEES AND WASTEWATER
CONNECTION FEE CRITERIA AND CHARGES; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA.
Section 1. Sec. 32.095. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.095. Tapping and connection.
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(7) Redevelopment. When redevelopment of property impacts the capacity of the
existinq water systems to the point that upqrades are needed to meet required capacity.
there shall be an assessment to the entity redevelopinq the property. for the costs
necessary to upqrade the water systems to accommodate the redevelopment.
Ordinance No. 7573-06
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Section 2. Sec. 32.132. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.132. Standards.
In compliance with chapter 17 55562-555.360, Florida Administrative Code, of the
department of environmental regul~tion protection, the city commission council finds it
necessary for the health, safety and welfare of the water utility customers and the
general public to adopt cross connection control standards which establish the
requirements for the design, construction and maintenance of connections to the public
water supply. These standards are supplemental to the backflow prevention device
requirements of the standard plumbing code under which the city operates.
(Code 1980,952.30; Ord. No. 5064, 91,1-3-91)
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Section 3. Sec. 32.138. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.138. Backflow prevention devices-Generally.
The type of backflow prevention device required shall depend upon the degree of
hazard as described in AVVWA Manual M-14 (4W92004 edition), which is adopted by
reference as if set forth in this section, or as described below. Where more than one
type of device is available, the actual type utilized shall be as determined by the water
division subsequent to physical inspection of the hazard.
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Section 4. Sec. 32.140. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.140. Same-Facilities requiring.
(1) The 'N~ter division public utilities department shall have the final decision as to
which facilities will require backflow preventer installations and the type of device, when
required.
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Ordinance No. 7573-06
(2) The following is a list of facilities for which reduced-pressure-principle backflow
preventers shall be required:
. Aircraft & missile plants;
. Airports;
. Automotive plants:
. tat Automatic carwashes;
. tat Automotive service stations and repair shops (See note A);
. (6t Auxiliary water systems; Beveraqe bottlinq plants;
. tGj Boat docks, boat launch sites and repair facilities for five or more
boats;
. Canneries;
. tat Chemical manufacturing or handling facilities;
. Chilled water systems;
. Cold storaqe plants;
. Dairies;
. HLDoctor, dental, and veterinarian offices;
. ~Exterminators;
. tRf Facilities with boilers or chilled water systems;
. Fertilizer manufacturinq plants:
. ffi.....Film processing laboratories (See note A);
. ill Greenhouses and nurseries;
. Heatinq or coolinq coils submerqed in contaminants;
. W Hospitals, medical buildings, morgues, mortuaries, autopsy
facilities, nursing and convalescent homes, medical clinics, blood
handling facilities and kidney dialysis facilities;
. ttt Laboratories (industrial, commercial, medical and school);
. tm1Laundries and dry cleaners;
. W Metal manufacturing, cleaning, plating, processing and fabricating
plants;
. Motion picture studios:
. Nuclear and radioactive materials production facilities;
. Oil or qas production. storaqe or transmission properties;
. Packinq houses and reduction plants;
. Paper and paper products plants;
. Platinq plants:
. Power plants;
. ~ Radiator shops;
. Radioactive materials or substances. plants or facilities handlinq,
restricted. classified or other closed facilities;
. Rubber plants;
. Sand and qravel plants:
. Stormwater pumpinq facilities;
. M. Travel trailer and mobile home parks;
. ~ Wastewater treatment facilities and lift stations;
. W Water treatment facilities;
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Ordinance No. 7573-06
. Waterfront facilities and industries;
. ~Any other location where a potential or actual backflow or
backsiphonage condition exists, with a resulting threat to the public
potable water supply.
(3) The following is a list of facilities for which double check valve assemblies shall be
required:
. Apartments;
. fat Beauty parlors and barbershops;
. t91 Buildings over five stories or with booster pump (See note A);
. Hotels;
. tst Irrigation systems, 1 1/2-inch or larger;
. Motels;
. tat Restaurants and food handlers (See note A);
. tat Swimming pools (nonresidential);
. tf1 Any other location where a potential or actual backflow or
backsiphonage condition exists, with a resulting threat to the public
potable water supply.
Note A: Unless protected by internal backflow prevention devices to the satisfaction of
the w3tor division public utilities department and the plumbing official.
(Code 1980, 9 52.36; Ord. No. 5064, 9 1, 1-3-91)
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Section 5. Sec. 32.181. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.181. Unified system.
(1) The present wastewater collection system of the city, together with any and all
extensions thereof and replacements thereto, and the wastewater treatment plants now
operated by the city and any and all such plants hereafter acquired and operated by the
city are hereby established and declared to be a public utility for the use and benefit of
the city in the maintenance of public health, welfare and sanitation throughout the city.
The system shall be controlled, operated and maintained as provided in section 32.001.
See appendix A to this Code for deposit, fees and rate schedules.
(2) The public utilities department will assist in the abatement of blockaqes and
overflow events within privately owned and operated wastewater collection systems,
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Ordinance No. 7573-06
usinq Best Manaqement Practices when necessary, to protect the health, welfare, and
environment of the citizens of the city. (Ref. 32.183.2) Costs of providinq assistance in
the abatement of blockaqes and overflows within privatelv owned and operated systems
will be assessed to the owner/operator of the private system. Costs will be determined
bv a Time and Materials invoice. (Ref. 32.183.13)
(Code 1980, S 53.01; Ord. No. 5065, S 1,1-3-91)
Section 6. Sec. 32.182. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.182. Service outside corporate limits.
(1) The city shall have the power to install, improve and maintain wastewater collection
lines and facilities outside of the corporate limits of the city and to assess the abutting
property reQuestinq service of so benefited by such facilities under the following
conditions:
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(2) After the completion of the construction of the wastewater collection lines and
facilities, the city shall assess the actual cost thereof against the property reQuestinq
service abutting the lines and facilities, which costs shall be itemized and subject to
audit. If the assessments are not paid within 30 days of the making thereof, the city may
at any time thereafter issue certificates of indebtedness against the abutting property for
such assessments or parts thereof as are unpaid, such certificates to be payable in not
less than three nor more than teR--twentv equal annual installments, or more frequently
as may be determined by the city commission council, and shall bear interest at a rate
of return authorized by law until paid, which certificates shall constitute and be a prior
lien to all other liens, except the lien for taxes. The certificates shall be processed and
administered in accordance with sections 124, 125, 126 and 127 of Laws of Florida of
1923, ch. 9710, which shall provide that the method of collecting special improvement
assessments on property within wastewater collection project areas shall be the same
as that followed on property situated within the corporate limits of the city.
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Section 7. Sec. 32.183. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.183. Definitions.
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Ordinance No. 7573-06
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Abnormal strength 'Naste. '.IVaste having a high degree of
concentration of permissible 'Naste material per unit volume of waste'Nater
discharged by the customer. More specifically, Abnormal strength 'Naste
shall be 'Naste containing a BOD greater than 300 mg/I, suspended solids
greater than 300 mg/I, or a COD greater than 400 mg/1.
(1) Adequate Treatment Capacity. The capabilitv of the Wastewater
Facilitv (WWF). after receivina flow from a sewer service connection. to
adequatelv treat the wastewater distributed in compliance with the rules
and reaulations defined in the Code of Federal Reaulations. Title 40. Part
123.45. Appendix A.
(2) Best Manaaement Practices (BMPs). Schedule of activities. prohibitions
of practices. maintenance procedures. and other manaaement practices.
which include treatment requirements. operatina procedures. practices to
control plant site run-off. spillaae and leaks. sludae and/or waste disposal.
drainaae from raw material storaae. and prevention or reduction of the
pollution of waters of the State of Florida.
m BOD or biochemical oxygen demand.:- Means the The quantity of
oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedures in five days at 20 degrees Celsius,
expressed in milligrams per liter.
~COD or chemical oxygen demand:... Means the The measurement of
the oxygen-consuming capacity of inorganic and organic matter present in
wastewater as determined according to standard methods, expressed in
milligrams per liter.
(5) Force Main. A pipe which transports wastewater from a buildina. residence.
or facilitv under pressure from the discharae side of a pump to a point of aravitv
flow.
(6) Infiltration. The water enterina the wastewater collection system and/or
service connections from the around. throuah such means as. but not limited to:
. Defective pipes. pipe ioints. connections, or manhole walls. Defective is
used to describe both poorlv constructed and deterioratina structures.
Infiltration does not include and is distinauished from inflow.
(7) Inflow. Water discharaed to the wastewater collection system. includina
service connections, from such sources. but not limited to:
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Ordinance No. 7573-06
. Roof leaders. yard and area drains. crushed laterals. foundation drains,
coolino water discharoe, drains from sprinos or swampy areas, manhole
covers, cross connections from storm systems, stormwater, surface runoff,
street wash water; or drainaoe. Inflow does not include and is
distinouished from infiltration.
(8) Inflow and Infiltration (1&1). The combination of flows attributed to inflow
and infiltration as defined above.
(9) Overflow. The discharoe of untreated sewaoe or partially treated
wastewater from any publicly or privately owned collection and
transmission system or WWF to the surface of the oround or to a surface
water body.
(10) Pollution. The presence in the outdoor atmosphere or waters of the
state of any substances. contaminants, noise. or man-made or man-
induced alteration of the chemical. physical. biolooical. or radiolooical
inteority of air or water in quantities or levels which are. or may be,
potentially harmful or iniurious to human health or welfare, animal or plant
life, or property. includino outdoor recreation.
(11) Service Lateral Connection. The pipe(s) which transport wastewater from a
buildino, residence, or facility to a publicly or privately owned pumpino station or
sanitary sewer system.
(12) Stormwater. Any form of rainwater, snowmelt. surface and/or street
drainaoe, and/or run-off.
(13) Time and Materials Invoice. An invoice includino employee time,
materials, contractors or any other costs related to the invoice and required
to complete the iob.
(14) Wastewater Facility (WWF) or Publicly Owned Treatment Works
(POTW). Any or all of the followino: A collection/transmission system, a
wastewater treatment plant. or a reuse and disposal system that is owned
and operated by any municipality, or Pinellas County, and is permitted by
the State of Florida to convey. treat. or dispose of sanitary sewaoe.
(Ord. No. 5065, ~ 1, 1-3-91)
Cross Reference- Definitions and rules of construction generally, ~ 1.02.
Section 8. Sec. 32.184. Code of Ordinances, City of Clearwater, is amended to
read as follows.
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Ordinance No. 7573-06
Sec 32.184. Connections--Required.
(1) Within, without city. Except as specifically provided in this article, all buildings
designed or used for human habitation or occupancy located within the city shall be
connected to the wastewater collection system. by tho city.
E..:. City service lateral maintenance responsibilities:
1. Service Laterals within Street or Alleyway riqht-of ways:
That portion of the service lateral. from the connection point
at the qravity main, toward the residence or business, to a
point three feet. (3'), behind the back of curb or edqe of
pavement where no curb exists.
ii. Service Laterals within Utility Easements: That portion of the
service lateral. from the centerline of the sanitary sewer
pipeline. three feet toward the residence or business.
b. Privately Owned service lateral maintenance responsibilities:
1. That portion of the service lateral from the end of the city
service lateral maintenance responsibilities described above, to the
structure or residence.
Such buildings located outside the city and served by the city water system and to
which the city wastewater collection system is reasonably available may connect to
such system upon application to and approval by the city manager and on payment of
connection fees and monthly service charges as established by the city commission
council for such outside property. However, such buildings located outside the city shall
be connected to the wastewater collection system only upon annexation of the property
into the city or, if the property cannot lawfully be annexed, upon execution by the
property owner and the city of an agreement to annex the property when annexation
may lawfully occur. Each such agreement shall constitute a covenant running with the
land and shall be subject to recordation in the public records of the county.
(2) Certificate of occupancy. No certificate of occupancy shall be issued for any building
within the city unless a wastewater collection system connection has been made
thereto, unless the building services division development & neiqhborhood services
department shall find that the wastewater collection system is not reasonably available
and will not be available by the time that the building is ready for use.
(Code 1980, 953.20; Ord. No. 5065, 9 1, 1-3-91)
Cross References: Annexation, ch. 37; buildings and building regulations, ch. 47.
Section 9. Sec. 32.185. Code of Ordinances, City of Clearwater, is amended to
read as follows.
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Ordinance No. 7573-06
Sec 32.185 Same--Notice, term for compliance.
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Cross References: , ch. 37; buildinos and buildino reoulations. ch. 47.
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Section 10. Sec. 32.187. Code of Ordinances, City of Clearwater, is amended to
read as follows.
Sec. 32.187. Same--Conditions.
(1) It shall be unlawful for any person other than an agent of the city to tap, cut or use
the wastewater collection system or appurtenance thereof, or make any connection
thereto without first obtaining a written permit from the city and paying all applicable
ratesJ. aRG charges, and fees.
!ill The fees prescribed must be paid at the time a plumbino permit is issued by
the development & neiohborhood services department.
(2) Any person who desires to connect his property, place of business or residence with
the wastewater collection system of the city shall comply with the provisions of this
article and shall pay the connection charges. See appendix A to this Code.
(a) Any person who desires to move the existino or add an additional connection to
his property. place of business or residence with the wastewater collection system of
the city shall comply with the provisions of this article and shall pay the connection
charoes. See appendix A to this Code.
(b) All funds received by the City as sewer impact fees shall be kept in a separate
account. and such funds may only be used as appropriated by the City Council in
payment for capital improvements pertainino to wastewater force mains, trunk lines.
pumpino stations and the treatment and disposal of wastewater or for debt service
requirements in connection with such capital improvement as specified in this
section.
(3) Tapping of all wastewater collection mains and service connections connection fFem
the m3ins to the curbline of private property within street rioht of ways or utility
easements shall be done and installed by the public service division public utilities
department.
!ill Title to all connections and services from the sewer main to tho curb line
three. (3), feet beyond the back of curb line or edoe of pavement, is vested in the city,
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Ordinance No. 7573-06
and the connections and services shall at all times so remain and shall not be
trespassed upon or interfered with in any respect. This property shall be maintained by
the public service division public utilities department. and may be removed or changed
by it at any time.
(b) Title to all connections and services from the centerline of the sewer main to
three, (3). feet toward the residence or business. is vested in the city. and the
connections and services shall at all times so remain and shall not be trespassed
upon or interfered with in any respect. This property shall be maintained bv the
Public Utilities Department. and may be removed or chanaed bv it at any time.
(4) The public service division public utilities department shall furnish and install
necessary pipe, fittings and equipment to provide the requested ~ service in
3ccord:mce with the provisions of the plumbing code.
(5) Redevelopment. When redevelopment of property impacts the capacity of the
existina wastewater collection system to the point that uparades are needed to meet
required capacity. there shall be an assessment to the entity redevelopina the property.
for the costs necessary to uparade the wastewater collection system to accommodate
the redevelopment.
(5) The fees prescribed must be paid at the time a plumbing permit is issued by the
building services division.
(6) 1\11 funds received by the city as sewer tap fees shall be kept in a separate 3ccount
3nd such funds may only be used as appropriated by the city commission in payment
for c3pit31 improvements pertaining to \\'astewater force mains, trunk lines, pumping
st3tions 3nd the treatment and disposal of 'Nastewater or for debt service requirements
in connection with such c3pital impro':ement as specified in this section.
(Code 1980, SS 53.02, 53.04; Ord. No. 5065, S 1, 1-3-91)
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Section 11. Sec. 32.198. Code of Ordinances, City of Clearwater, is added as
follows:
Sec. 32.198. General sewer use reauirements.
(1) Prohibited discharae standards.
(a) General prohibitions. No user shall introduce or cause to be introduced into
the POTW any pollutant or wastewater which causes pass throuah or
interference. These aeneral prohibitions applv to all users of the POTW whether
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Ordinance No. 7573-06
or not they are subiect to cateaorical pretreatment standards or any other
national. state. or local pretreatment standards or requirements.
(1.) The followina acts and the causina thereof are strictlv prohibited:
(i) The intentional or accidental release or discharae of sewaae,
other wastewater or residuals without providina proper treatment to
the surface of the around or to a surface water body.
(ii) The introduction of. or causina to be introduced. directlv or
indirectlv. stormwater. in any amount. into any
collection/transmission system desianed solelv for the conveyance
of domestic/industrial wastewater.
Wi) A combined inflow and/or infiltration at any time in a Privatelv-
Owned Collection and Transmission System that exceeds 100
aallons per inch of pipe diameter per day per mile of pipe and
laterals. pursuant to Chapter 30. Part 33.94 of the "Recommended
Standards for Wastewater Facilities". 2004 Edition. or most current
edition.
Ref: Section 32.212 sub section 12. in Division IV. Pretreatment Standards.
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Section 12. XXIV, APPENDIX A, Code of Ordinances, City of Clearwater, is
amended as follows.
XXIV. UTILlTIES--GENERAL INFORMATION AND DEPOSITS:
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(2) Deposits for service:
(a) Water:
1. Domestic water service. Each meter service shall be secured by a
minimum deposit of $20.00 or two times the minimum monthly charge or
two times the average monthly bill for domestic \\'ater service, \/..hichever
is greatest. Each meter service shall be secured bv a minimum deposit of
two times the minimum month Iv charae or two times the averaae month Iv
bill for water service. whichever is areater.
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Ordinance No. 7573-06
2. Lawn water service. Each la'Nn meter service shall be secured by a
minimum deposit of $20.00 or two times the minimum monthly charge or
tI....o times the average monthly bill for lawn water service, whichever is
greatest. Each lawn meter service shall be secured by a minimum deposit
of two times the minimum monthly charqe or two times the averaqe
monthly bill for lawn water service, whichever is qreater.
3. Reclaimed water service. Each reclaimed 'A'ator service account shall
be secured by a minimum deposit of $20.00 or t\vo times tho minimum
monthly chargo or two times the averago monthly bill f-or reclaimed water
service, whichever is greatest. Each reclaimed water service shall be
. secured by a minimum deposit of two times the minimum monthly charqe
or two times the averaqe monthly bill for reclaimed water service.
whichever is qreater.
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Section 13. XXV, APPENDIX A, Code of Ordinances, City of Clearwater, is
amended as follows.
xxv. PUBLIC WORKS--FEES, RATES AND CHARGES (~32.068)
(1) Impact Fees:
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(d) Reclaimed water system connection fee:
1. Standard connection assembly (tap, service lines, valve. and hose
bib when required, installed at the point of connection), to be furnished and installed by
the city: No charqe.
2. Nonstandard connection assembly: Actual cost of materials.
equipment. labor and overhead.
3. When backflow prevention device on potable water supply is
required: As established in Appendix A to this Code.
(2) Connection charges, fees and taps on mains. The following charges and fees
shall be payable to the city upon application and prior to the work beinq completed:
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Ordinance No. 7573-06
Fire Hydrant Installation
Charge for furnishing and installing one fire hydrant exclusive of the required tap
and charge for such tap. . . $775.00
Charges for any hydrants that are not adjacent to the main or that require
additional piping, restoration, materials or labor shall be increased by actual
material and labor costs, plus overhead.
(b) Wastewater connection fee:
1. Connection fee shall include the actual cost of materials. eauipment.
labor and overhead reauired to provide a sanitary sewer connection to
the reauestino property.
2. The connection fee shall be estimated by the public utilities
department for each wastewater connection reauest.
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(4) Miscellaneous additional charges:
(a) Applicable during normal working hours:
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14. Reclaimed water re-inspection (no charge for initial or first re-
inspection.
Ql The charoes in the precedino t3ble will be doubled for services bet'Noen -1 :30
p.m. 3nd 8:00 3.m. on INorkd3'1s and all d3v durino holidays and \veekends.
15. Fire hydrant flow test. . . . 50.00
16. Water main offset installation - Time and materials
(b) Eveninas, weekends and holidavs: Overtime surcharoe for all work includino
installation, service and repair. maintenance, and call-out turn-ons (as
reauested by the customer for eveninos. weekends, and holidays) . . . Double
normal charoe
(5) Other miscellaneous charges
(a) Water:
1. Unauthorized water system use: For any use of water, unauthorized, per
occurrence. . . 100.00500.00
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Ordinance No. 7573-06
2. Bypass: Ten percent of average monthly bill for each day since last
reading.
3. Broken stop locks on water meters. . . ~ 25.00
4. Repair or replace tampered or damaged meter or any other part of the
water system: $20.00 $25.00 plus labor and materials. To relocate water
meter: Time and materials.
5. Unauthorized use of fire hydrants. . . 200.00 500.00
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Section 14. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
December 15, 2005
PASSED ON SECOND AND FINAL
READING AND ADOPTED
.TamlRry 1 q. ?OO(,
:/~-e}( ~
~ V. Hibbard
Mayor
Ap~~oved as to f rm:
J
Attest:
~~~ lJ~.o..
- ,
Cyn i~. Goudeau .
City Clerk.
Leslie K. Dougall- ides
Assistant City Attorney
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Ordinance No. 7573-06