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(1) The utility may furnish and install a service of such size and at such location as the applicant requests; provided, that:

(a) Such requests are reasonable;

(b) The location is such that the utility has in place a distribution main of sufficient size adequate to provide service to this location without detriment to existing customers. In all cases, the final location of the proposed meter shall be subject to approval;

(c) Such a distribution main is adjacent to and extends along the full length of the property frontage along the right-of-way;

(d) Where a parcel has more than 150 feet of frontage along a right-of-way and the parcel is being developed in phases; and the water line is not currently needed for the full length of the parcel to facilitate service to other properties, to provide fire protection, or to meet other utility system needs, the requirement of subsection (1)(c) of this section may be reduced, where approved, by delaying the requirement for a water main adjacent to that portion of the parcel which remains as an undeveloped portion of a future phase. Such delay, if authorized, is contingent upon the signing of a waiver of remonstrance agreement which commits the parcel to participate in a future local improvement (assessment) district for the extension of water main(s);

(e) Where the property abuts more than one street or right-of-way, water mains shall be extended for the full length of the property frontages along the rights-of-way for all frontages, unless it is determined that the extensions on the frontages from which service is not being taken is not currently needed for water pressure, system capacity or fire protection, nor to facilitate service to other properties and that said water mains may be completed at a future time. In that case, where authorized, the owners of the property to be serviced shall sign a waiver of remonstrance agreement which commits the parcel to participate in a future local improvement (assessment) district for the extension of this water main. This agreement may be incorporated into the water service application form;

(f) The utility shall be the sole judge in determining the meaning and provisions of, and conformance with, any conditions for providing service to a property;

(g) Service taps on 16-inch and larger mains shall include an accessible gate or butterfly valve in a valve box at the connection of the main and the service line. Direct taps on 16-inch and larger mains shall be minimized; and

(h) The applicant shall provide and maintain an accessible, unflooded vault of a size as specified for all meters larger than two inches.

(2) A water connection fee, an installation fee and a deposit shall be paid by the party requesting the installation of the service at the time said request is made. The water fees and deposits are established by Council resolution.

(a) Refund not Permitted. If properties change from one use to a lower use requiring a lower connection fee, no refund for connection fees shall be made.

(b) Payment of Fees. Before a building permit may be issued, the applicant shall pay to the utility the necessary connection and installation fees herein provided for or shall make the necessary arrangements to pay such fees as provided in subsection (2)(b)(i) of this section, together with such other fees as may be provided by ordinances or resolutions now in effect or hereinafter adopted.

(i) Bancroft Bonding of Water Connection Fees. Connection fees to be paid under the provisions of this code may be subject to payment in installments under the provisions of the Bancroft Bonding Act of the State of Oregon upon approval by the City Council.

(ii) Water Connection Fee to Run With Land. A connection fee paid hereunder shall apply to the particular lot or tract for which it is issued.

(c) Other. Any change of use which requires additional connections to the water system shall cause an additional fee to be paid for each additional connection. The owner of the property shall be given credit only for those connections theretofore paid involving the same parcel of property. Where a structure which is served by water from the utility is destroyed by fire, flood, wind or act of God, no connection fee shall be charged for a replacement of the structure, provided the use thereof is not intensified.

(3) Included in the charges are all meters and necessary appurtenances for installation and continued operation of the service which the utility will supply.

(4) All meters shall be sealed by the utility at the time of installation, and no seal shall be altered or broken, except by an authorized agent of the utility.

(5) Change in Location or Reduction in Meter Size or Service.

(a) Change in the location of service at the convenience or request of the customer shall be done at the customer’s expense; and

(b) Reduction in meter size requested by the customer shall be only if the request is reasonable and approved. Charges for these reductions are established by Council resolution.

(6) Increases in the Size of the Meter and Service. If a change in the size of a meter and service is requested and approved, the installation will be accomplished at a charge based upon time and material costs plus 15 percent overhead. Where the meter size increases, a connection charge shall also be charged, but a credit, equal to current connection charge for the existing meter, shall be given toward the connection charge for the new meter.

(7) Ownership. The service connection, whether located on public or private property, is the property of the utility, and the utility reserves the right to repair, replace and maintain it, as well as to remove it upon discontinuance of service.

(8) Charges for Service Pipes Connected Without Permit. If the premises are connected without the application prescribed in this section, such premises shall be immediately disconnected. Before a new connection is made, the applicant shall pay double the rate for the estimated quantity of water consumed prior to the effective date of metered service, plus a tampering fee as authorized by Council resolution. A new connection shall only be made upon compliance with provisions of this code.

(9) Abandoned and Nonrevenue-Producing Services. Where a service connection to any premises has been abandoned or not used for a period of one year or longer, the utility may remove such service or meter. If the service or meter has been removed, service shall be restored only upon the owner making application and paying all costs associated with the reinstallation.

(10) Leaking or Unused Services. Where there is a leak between the main and the meter, the utility shall make all repairs. When a service connection is damaged or destroyed by contractors or others, or where service connections are destroyed by electrolysis, the person, contractor or company responsible for such damage or destruction shall pay the utility for the cost of repairing or replacing such connections on the basis of the direct cost to the utility in labor and in materials, plus 15 percent overhead. Where a customer service line is leaking or has a history of repair problems which has resulted in leak adjustments, service to this customer shall not be activated until the customer can demonstrate the problem has been eliminated. Action necessary may be in the form of partial or total replacement of the customer’s plumbing and/or deposit of sufficient funds to cover estimated consumption. Customers with serious water leaks which will cause extreme financial hardship or detrimental service to other customers may have their water service terminated after 24 hours’ notice. In cases of leakage causing severe detriment to other customers’ service, water service may be terminated immediately. (Ord. 68 § 1, passed 2-19-1991; Code 2014 § 50.10)