HomeMy WebLinkAboutOrdinance 96.06 Adopting chapter 14 of the town code relating to water
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MARANA ORDINANCE NO. 96.06
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA,
ADOPTING THAT CERTAIN DOCUMENT ENTITLED "MARANA TOWN CODE,
CHAPTER 14 WATER", AS THE FOURTEENTH CHAPTER OF THE OFFICIAL TOWN
CODE, ADOPTING THE RULES AND REGULATIONS THEREIN AS CONTROLLING
LAW OF THE TOWN OF MARANA, INCREASING WATER RATES, AND REPEALING
ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN
CONFLICT THEREWITH.
WHEREAS, the Town of Marana wishes to establish and codify the laws of the town
as a unified code to standardize and maintain accessible, readable, and understandable rules and
procedures for the protection and security of its citizens; and
WHEREAS, that document herein referred to as "MARANA TOWN CODE, CHAPTER
14 WATER" has been made a public record by the adoption of Resolution No. 96-13 on
February 6, 1996 by the Mayor and Council of Marana; and
WHEREAS, it has been determined that the adoption of that public record herein referred
to as "MARANA TOWN CODE, CHAPTER 14 WATER" is in the best interests of the citizens
of the Town of Marana; and
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WHEREAS, the Marana Water Utility Advisory Committee has recommended an
increase in the water rates charged to customers of the Marana water utility, and the Town
Council has given notice and held a public hearing pursuant to the provisions of the Marana
Water Utility Code; and
WHEREAS, after public hearing and discussion the Town Council has determined that
it necessary for the continued operation of the water utility that the rates that are charged to
water customers be increased as recommended by the Water Utility Advisory Committee.
NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of
Marana Arizona, as follows:
SECTION 1. That certain document entitled "MARANA TOWN CODE, CHAPTER
14 WATER", three copies of which are on file in the office of the town clerk of the Town of
Marana, Arizona, said document having been made a public record by Resolution No. 95-72 of
the Town of Marana, Arizona, is hereby referred to and made a part hereof as if fully set out
in this ordinance and is hereby adopted as law, rules and procedures for the Town of Marana.
SECTION 2. The water rates previously charged by the town, which were set forth in
the prior water utility code, are hereby amended and shall be as set forth in Article 14-7 of the
Town Code.
Marana, Arizona Ordinance 96.06
Page 1 of 2
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SECTION 3. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance and portion of the Town
Code.
SECTION 4. Marana Ordinance Nos. 90.07, 91.01, 92.08 and all ordinances,
resolutions, or motions and parts of ordinances, resolutions, or motions of the council in conflict
with the provisions of this ordinance are hereby repealed, effective as of the effective date of
this ordinance.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions
thereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona
this 6th day of February, 1996.
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Mayor ED HONEA
Town Clerk
/
,_~FORM:
-L-=>-9~
..,-- Daniel J. Hoc uli
Town Attorney
.............
Marana, Arizona Ordinance 96.06
Page 2 of 2
CHAPTER 1
Article 14-1 L PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 14-1
Intent and Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-1
-2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-1
RESPONSiBILITIES............. . ..... . .. . . . .. . .. . . .. . . . . .. . . " 14-2
Responsibilities of the Council .............................. 14-2
Water Utility Director ..................................... 14-3
Section 14-2-3 Water Utility Advisory Committee. . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-4
Article 14-3 WATER SERVICE ............................................. 14-5
Section 14-3-1 Application for Service .................................... 14-5
Section 14-3-2 Deposits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-5
Section 14-3-3 Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-6
Section 14-3-4 Grounds for Refusal of Service ............................. 14-6
Section 14-3-5 Temporary Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-6
Section 14-3-6 Service Lines, Valves and Meters ........................... 14-6
Section 14-3-7 Easements and Rights-of-Way. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-7
Article 14-4 CONSTRUCTION AND FINANCING OF WATER FACILITIES. . . . . . . . . .. 14-7
Section 14-4-1 Agreements to Construct New Facilities ...................... 14-7
Section 14-4-2 Construction Other Than by Town ........................... 14-8
Section 14-4-3 Capacity Requirements ................................... 14-9
Article 14-5 SERVICE AREA INCLUSION AND FEES .......................... 14-10
Section 14-5-1 Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-10
Section 14-5-2 Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-10
Section 14-5-3 Approval Required for Inclusion. . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-10
Section 14-5-4 Effect of Inclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-10
Section 14-5-5 Service Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-11
Section 14-5-6 Data Requested ........................................ 14-11
Section 14-5-7 Inclusion Does Not Constitute 1 00 Year Water Adequacy . . . . . . .. 14-11
Article 14-6 PROVISION OF WATER UTILITY SERVICE.. . . . . . . . .. . ... . . . . . . . .. 14-11
Section 14-6-1 Customer Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-11
Section 14-6-2 Payment of Bills ........................................ 14-12
Section 14-6-3 Grounds for Termination of Service......................... 14-12
Section 14-6-4 Non-Payment of Delinquent Bill ............................ 14-12
Section 14-6-5 Reconnection of Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-12
Marana Town Code
xx
rev. 3196
Section 14-6-6. Challenge of Accuracy of Water Bill . . . . . . . . . . . . . . . . . . . . . . . .. 14-13
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Section 1 [ :;. . eposit Requirement After Termination. . . . . . . . . . . . . . . . . . . . .. 14-13
Termination Without Notice ............................... 14-13
Service Obligations of Town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-14
Meter Reading; Measurement of Service. . . . . . . . . . . . . . . . . . . .. 14-14
n 14-6-11 Customer Requested Meter Re-Reads ...................... 14-15
Customer Requested Meter Tests .......................... 14-15
Billing and Collection .................................... 14-15
Article 14-7 WATER RATES AND CHARGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-16
Section 14-7-1 Monthly Charges ....................................... 14-16
Section 14-7-2 Installation Charges ..................................... 14-17
Section 14-7-3 Other Service Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-18
Article 14-8 EMERGENCY WATER CONSERVATION RESPONSE ............... 14-18
Section 14-8-1 Declaration of Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-18
Section 14-8-2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-18
Section 14-8-3 Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-19
Section 14-8-4 Declaration of Water Emergency Authorized. . . . . . . . . . . . . . . . .. 14-19
Section 14-8-5 Implementation; Termination .............................. 14-19
Section 14-8-6 Mandatory Emergency Water Conservation Measures .......... 14-20
Section 14-8-7 Variance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-20
Section 14-8-8 Violation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-20
Section 14-8-9 Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-21
Article 14-9 VIOLATIONS. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-21
Section 14-9-1 Installation and Repair by Individuals Prohibited ... . . . . . . . . . . .. 14-21
Section 14-9-2 Turning on Water Without Authority. . . . . . . . . . . . . . . . . . . . . . . .. 14-21
Section 14-9-3 Escaping Water ........................................ 14-21
Section 14-9-4 Interference, Tampering With Facilities ...................... 14-22
Section 14-9-5 Damaging, Defacing Facilities ............................. 14-22
Article 14-10 AMENDMENTS AND PUBLIC HEARING. . . . . . . . . . . . . .... . . ... ..... 14-22
Section 14-10-1 Amendment Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 14-22
Section 14-10-2 Public Hearing Requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14-22
Marana Town Code
xxi
rev. 3196
CHAPTER 14
WATER
Article 14-1 GENERAL PROVISIONS
Section 14-1-1
Intent and Purpose
A. It is the intent and purpose of the council, by adopting this chapter, to promote the health,
safety, order and general welfare of the present and future inhabitants of the town, and
specifically to:
1. Provide for safe and reliable water utility service to the inhabitants of the town;
2. Provide for the financial integrity of the town water utility;
3. Protect the health, safety and welfare of the inhabitants of the town;
4. Manage the water resources of the town to protect the existing inhabitants of the town and
to facilitate the economic development of the town;
5. Develop water resources for the benefit of the inhabitants of the town;
6. Provide for the expansion and improvement to the town's water utility system; and
7. Secure economy in municipal expenditures and facilitate adequate provision of water
system capacity and improvement.
Section 14-1-2
Definitions
A. In this chapter, unless the context otherwise requires:
1. "Applicant" means a person requesting the town to supply water service.
2. "Application" means a request to the town for water service or service area inclusion, as
distinguished from an inquiry as to the availability or charge for such service or inclusion.
3. "Commodity charge" means the unit cost of billed usage, as set forth in the water rates and
charges.
4. "Contributions in aid of construction" means funds provided to the town water utility by the
applicant under the terms of a main extension agreement or service connection agreement
the value of which are not refundable.
5. "Customer" means the person or entity in whose name service is rendered, as evidenced
by the name on the application or contractor for that service, or by the receipt or payment
of bills regularly issued in his name regardless of the identity of the actual user of the water
service.
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6. "Distribution main" means a water main of the town water utility from which service
connections may be extended to customers.
Marana Town Code
14-1
rev. 2196
7. -Main extension" means the mains and ancillary equipment necessary to extend the
existing water distribution system to provide service to additional customers.
8. -Master meter" means a meter for measuring or recording the flow of water at a single
location where said water is transported through a piping system to tenants or occupants
for their individual consumption.
9. "Meter" means the instrument for measuring and indicating or recording the volume of
water that has passed through it.
10. "Meter tampering" means a situation where a meter has been illegally altered. Common
examples are meter bypassing, use of magnets to slow the meter recording and broken
meter seals.
11. "Minimum charge" means the amount the customer must pay for the availability of water
service, including 1,000 gallons of usage.
12. "Person" means any individual, partnership, corporation, governmental agency or other
organization operating as a single entity.
13. "Point of delivery" means the point where facilities owned, leased or under license by a
customer connect to the town water utility's pipes or at the outlet side of the meter.
14. "Premises" means all of the real property and apparatus employed by a single enterprise
on an integral parcel of land undivided by public streets, alleys or other rights-ot-way or
easements.
15. "Service line" means a water line that transports water from a common source (normally
a distribution main) at supply to the customer's point of delivery.
Article 14-2 RESPONSIBILITIES
Section 14-2-1
Responsibilities of the Council
A. Appointments. The council shall be responsible for the appointment at a town water utility
director. The town manager shall appoint all such other personnel to fulfill the purposes at this
chapter.
B. Adoption at Comprehensive Water Development Plan. The council may adopt a
comprehensive water system development plan for the town system or any part thereof. Upon
adoption of such a comprehensive water system development plan, the council shall assure
that no extension, improvement or addition to the town water utility system or facilities over
which the town has jurisdiction shall be constructed or authorized until and unless the
extension, improvement or addition to the town water utility system or facilities shall be
determined to conform to said comprehensive water system development plan.
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C. Adoption of Water Utilitv Construction Standards. The council shall be empowered to adopt
and amend engineering design and construction standards for improvements to, extension of,
additions to and modifications of the town water utility system.
Marana Town Code
14-2
rev. 2/96
D. Manaaement of Water System bv Indeoendent Contractor. The council may, at its sole option
and discretion, provide that the management of the town water utility system be accomplished
by the use of an independent contractor. In the event the council determines that it is in the
best interests of the inhabitants of the town to have the town's water utility managed by an
independent contractor, the council shall select bids and proposals from individuals and entities
with proven water utility management experience. Management fees are to be paid by the
town from water utility revenues for such management services.
E. Water Utility to be Enterorise Fund Based. There is established by this chapter a separate
water utility fund, and all monies paid to the town pursuant to provisions of this chapter for, but
not limited to, water service charges, fees, construction at facilities, fines and penalties shall
be deposited into the water utility fund, and all expenditures made by the town in relation to the
town's ownership, operation, maintenance, repair, expansion, acquisition, management,
salaries, professional fees, debt service, bond payments and other costs and charges shall be
paid from the water utility fund. The town council is hereby empowered to make loans from
the general fund to the town water utility funcL from time to time to supplement revenues
generated by the town water utility in order to assure the timely payment of all obligations of
the water utility, provided that such loans are timely repaid from the water utility fund to the
general fund, together with interest. It is hereby declared to be the express policy and intent
of the town that the town water utility shall be a self-supporting utility funded solely from
revenues generated from utility operations. All fees and charges levied by the town in relation
to its water utility shall be, to the degree practical, based on the cost of providing the service
for which a fee or charge is levied. All fees and charges levied and collected by the town shall
be uniform for the class of service or type of service provided throughout the water utility of the
town.
F. Amendments. The council may amend this code from time to time by simple majority vote of
the entire council membership at a public meeting of the council, subject to the requirements
of article 14-10.
Section 14-2-2 Water Utility Director
A. Duties. The director of the town water utility shall have the duties and responsibilities as
determined by the council by resolution, in addition to those duties and responsibilities
enumerated herein. The director shall be responsible for the day-to-day management of the
town water system including, but not limited to, the inspection and repair of the water system,
sufficiency of water supply, enforcement of this chapter, review of all engineering plans, review
of all contracts, preparation of water system development plans, improvement or expansion
plans, collection of all funds due to the town water utility, compliance with federal, state and
local health regulations, compliance with federal, state and local ordinances and requirements
in general, and preparation of annual budgets and preparation of capital improvement plans.
B. Terms. The director of the water utility shall serve a term of appointment as determined by the
council and shall serve in such capacity at the pleasure and discretion of the council.
c. Comoensation. The council shall provide, upon hiring the water utility director, the terms and
compensation to be provided by the town to such director.
Marana Town Code
14-3
rev. 2/96
Section 14-2-3
Water Utility Advisory Committee
A. Creation. There is hereby established an entity to be called the Marana Water Utility Advisory
Committee. Members shall be appointed by a majority vote of the mayor and council.
8. Functions and Purooses. The functions, purposes, powers and duties of the Marana Water
Utility Advisory Committee shall be to:
1. Act as the official advisory body on water capital improvement program planning and rate
structure formulation to the council;
2. Annually review the proposed water system capital improvement program and recommend
to the council an annual and five year capital budget;
3. Annually review the water revenue requirements of the water utility and recommend to the
council rate adjustments as required;
4. Review and report to the council on the comprehensive water system development plan
and any long term (ten to fifty year) water source and capital needs of the water system,
utilizing staff of the town and other sources for the information necessary for such review;
5. Support and sponsor community programs and projects to provide information and
education to the community regarding the town water utility;
6. Review and make recommendations on proposed state and federallegisfation relating to
water;
7. Review and make recommendations on proposed acquisition of private water companies
and expansion of the water utility service area;
8. Consult with the council from time to time as may be required by the council relative to
water related issues.
C. Membershio Comoosition: Terms and Qualifications. The Marana Water Utility Advisory
Committee shall be composed of seven members, two of whom shall be residential customers,
one of whom shall be a commercial customer, one of whom shall represent agricultural
interests and three of which shall represent areas of the town at large. Members of the water
utility advisory committee shall serve terms of three years, which terms shall be staggered.
The initial members of the water utility advisory committee shall draw lots to determine which
three members shall have an initial term of one year and which two members shall have an
initial term of three years. Thereafter members shall serve terms of three years.
D. Committee Oraanization. The Marana Water Utility Advisory Committee chairperson and a
vice-chairperson shall be selected by a majority of the committee members annually on the
secona Monday of December and shall appoint their own executive committee, standing
committees and subcommittees and shall meet at such time and places as determined by the
committee.
E. Committee Reoorts. The Marana Water Utility Advisory Committee shall render to the council
an annual report on or before March 1 and send additional reports and recommendations as
Marana Town Code
14-4
rev. 2196
r.'-
it determines or as requested by the town manager. Minutes of the committee shall be filed
with the town clerIc
F. Limitation of Powers. Neither the Marana Water Utility Advisory Committee nor any member
of the committee may incur town expenses without prior authorization of the council, nor may
it obligate the town in any manner or form.
Article 14-3 WATER SERVICE
Section 14-3-1
Application for Service
A. Water utility service may only be provided pursuant to a written application on forms provided
by the town for that purpose. The town, as a condition precedent to approving an application
for water service to any premises, shall collect all installation and other charges required by
this chapter. Title to all pipes, fittings and other water facilities shall be and remain in the town.
Where service is requested by two or more individuals, the town shall have the right to collect
the full amount owed for water utility service from anyone of the applicants at the town's
discretion.
B. The following minimum information shall be required from each new applicant for water utility
service:
1. Name of applicant; )L. :',
fl.,;!.-:!. ,,;: C"I"f'""';''''~ - hdW L.,15
2. Service address or location and telephone number; jj(;:::'k. -tJ
jJ/f!iI,/IJVS ;k'i~;,-~e _-:pr~'f{Je.....
3. Billing address and telephone number if different than service address;
4. Address where water service was provided previously;
5. Date applicant will be ready for service;
6. Indication of whether premises have been supplied with water utility service previously;
7. Purpose for which service is to be used;
8. Indication of whether applicant is owner, tenant or agent for the premises.
Section 14-3-2 Deposits 1.5'0 O--~-",) ._~,<; ;-'-.... c::: , .' 4.. .;y:.- /r4):' 7"-O',;-r".'-.'/'- cx..../.,: )'-0',"-'0"-
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A. Requirement of Deoosit: Amount. The town may require a deposit from an applicant for
service not to exceed twice the average monthly bill for the account or in the case of a new
account, twice the estimated monthly bill, or in the case of an account which has shown
delinquency for three consecutive months as a condition of providing water service. A
separate deposit may be required for each meter installed. The town may review the
customer's water usage after service has been connected and adjust the deposit amount up
or down based on the customer's actual water usage. '::~,~..t"".. ,;-.'-."....( j
B. Interest on Deoosit: Refund of Deoosit. Customer deposits shall be deposited in a bank
account of the town's choosing. No interest shall be paid to customers on deposits. The
individual in whose name the deposit is made shall be responsible for the payment of all bills
Marana Town Code
14-5
rev. 2196
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incurred in connection with the service furnished. The guaranteed deposit is not negotiable
and can be redeemed only at the town water utility collection office upon closing of the account
C. Use of Oeoosit for Payment of Bill. Upon discontinuation of service, the deposit will be applied
by the town toward settlement of the account.
Section 14-3-3 Bond
The town may, at its option, require a utility service bond in lieu of a cash deposit far commercial
and industrial applicants for service. Such utility service bond shall be on a form approved by the
town attorney, and the town water utility director shall have the power to execute such bond on
behalf of the town. The provisions of sections 14-3-1 and 14-3-2 shall apply to utility service
bonds.
Section 14-3-4
Grounds for Refusal of Se~vicg
A. The town may refuse to establish water utility service if any of the following conditions exists:
1. The applicant has an outstanding amount due for water service with the town, and the
applicant does not bring current its outstanding bills;
2. A condition exists which in the town's judgment is unsafe or hazardous to the applicant, a
resident of the town or the town's personnel or facilities;
3. Refusal by the applicant to provide the town with a water utility deposit;
4. Failure of customer to furnish such funds, service, equipment or rights-ot-way necessary
to serve the customer and which has been specified by the town as a condition for
providing water utility service;
5. Applicant provides false information for the purpose of obtaining service.
Section 14-3-5 Temp'Jrary Service
Applicants for tempora'jY water service may be required to pay the town, in advance of service
establishment, the estimated cost of installing and removing the facilities necessary for furnishing
the desired service. The applicant may be required to advance a sum of money equal to the
estimated bill for serv'lce. Where the duration of service is to exceed one month, the applicant may
also be required to pay the deposit for service required by the town. Any service for a period of
more than six months shall be deemed a permanent service, and provisions of this chapter relating
to permanent service shall apply.
Section 14-3..6 Service Lines, Valves and Meters
An applicam for water utility service shall be responsible for the cost of installing all customer piping
up to the meter. Where water service is being provided for the first time or to a new customer, the
custom!?;r shall provide and maintain a private cutoff valve within eighteen inches of the meter on
the c~Jstomer's side of the meter. The town may install its water meter at the property line or, at
the \own's option, on the customer's property. Where the meter or service line location on the
cU~.itomer's premises is changed at the request of the customer or due to alterations on the
Mara'na Town Code
14-6
rev, 2/96
customer's premises, the customer shall provide and have installed at his expense all piping
necessary for relocating the meter, and the town may charge for moving the meter or service line.
The customer's lines or piping must be installed in such a manner as to prevent cross~onnection
or bacl<flow.
Section 14-3-7
Easements and Rights-at-Way
E3Ch customer of the town water utility shall grant adequate easement or right-of-way satisfactory
to the town to ensure that customer's service connection is accessible by the town. Failure on the
part at the customer to grant adequate easement or right-at-way shall be grounds for the town to
refuse water utility service. When the town discovers that a customer or his agent is performing
work or has constructed facilities adjacent to or within an easement or right-of-way and such work,
construction or facility poses a hazard or is in violation of federal, state or town laws, ordinances,
statutes, rules or regulations, or may significantly interfere with the town's access to its water utility
facilities or equipment, the town shall notify the customer or his agent and shall take whatever
actions are necessary to eliminate the hazard, obstruction or violation at the customer's expense.
Article 14-4 CONSTRUCTION AND FINANCING OF WATER FACILlTIES
Section 14-4-1
Agreements to Construct New Facilities
A. Aooroval of Aareements to Construct New Facilities. The council may permit the construction
of water facilities to provide water service in areas where no water service is available, or
where existing water facilities are inadequate in the sole opinion at the council to serve the
proposed new customers. Agreements far construction of water facilities shall provide that all
costs be at the sole expense of the applicant far service, except as otherwise noted in such
agreement. Costs shall include, but not be limited to, engineering and design fees, materials,
labar, applicable taxes, permits and inspection fees. Facilities shall include, but not be limited
to, wells, pumps, storage tanks and reservoirs, mains, valves, meters and other appurtenances
to the water system bath within an applicanfs proposed development as well as outside the
development if such facilities are deemed necessary or desirable in the sole opinion of the
town to serve the new development. All agreements for the construction of water facilities shall
be subject to the final approval of the council. No agreement far the construction of water
facilities shall be submitted for approval by the council unless such agreement has been
reviewed and approved by the town attorney, and the engineering plans have been approved
by the town engineer and the director of the town water utility.
8. Main Extension Aareements. The applicant for the extension of mains shall be required to pay
to the town, as a non-refundable advance in aid of construction, before construction is
commenced, the estimated cost of all mains, including all valves and fittings, and any water
production, storage or pressure system, all as deemed necessary and convenient by the town
to provide water service to applicanfs property.
1. Upon request by a potential applicant for a main extension, the town water utility will
prepare a preliminary sketch and preliminary estimate of the cost of installation to be paid
by said applicant. The town reserves the right to require applicant to pay the costs at the
preliminary sketch and rough estimate. Any applicant for a main extension requesting the
town water utility to prepare detailed plans. specifications or cost estimates shall be
required to deposit with the town an amount equal to the estimated cost of preparation and
review. The town water utility shall, upon written request. make available to applicant
Marana Town Code
14-7
fev. 2196
within sixty days after receipt of the deposit referred to herein, such plans, specifications
or cost estimates of the proposed main extension. This deposit shall be non-refundable.
2. In the event that the town's actual cost of construction is more than the amount advanced
by the applicant, the applicant shall pay the balance due to the town within thirty days after
the completion of the construction.
3. Main extension agreements shall have the minimum fallowing written requirements:
(i) Name and address of applicant;
(ii) Proposed service address;
(Hi) Description of requested service;
(iv) Description, if any, of the requested line extension;
(v) Itemized cost estimate to include materials, labor and ather costs as necessary;
(vi) Payment terms;
(vii) A clear and concise explanation of any oversizing refund provisions, if applicable.
4. The size, design, type and quality of materials of the system, installed pursuant to
agreement with the town, locations in the ground and manner of installation, shall all be
specified by the town and shall be in accordance with the requirements of other public
agencies having authority therein.
5. All pipelines, valves, fittings, wells, tanks, reservoirs or other facilities installed by
agreement with the town shall be the sale property of the town, and parties making
advances in aid of construction under this chapter shall have no right, title or interest in any
such facilities.
Section 14-4-2 Construction Other Than by Town
A. Construction. The council, at its sole discretion and option, may permit construction of water
facilities by private contract upon written application. The facilities will be constructed at the
sole expense and cost of the applicant within streets, avenues, alleys and rights-of-way
pursuant to grants of easements subject to payment of any excavation, permit or other fees
which are due to the town.
B. Aooroval of Construction Plans and Insoections. Plans far construction of water facilities to be
constructed other than by the town shall be provided by applicant, certified by a registered
professional engineer and approved by the town engineer and director of the town water utility.
The construction of water facilities authorized and approved by the council will be inspected
by the town engineer or his authorized representative and will comply in every respect with the
engineering, construction, material and installation standards of the town.
C. Construction Aareement. With each application for a permit for the construction of water
facilities authorized by this section, the applicant shall execute and deliver to the director of the
town water utility, in duplicate, the agreement for construction thereof by private contract. If
Marana Town Code
14-8
rev. 2/96
the agreement conforms with the provisions of this chapter, the town water utility director may
submit the agreement for approval to the council. The applicant shall further provide a bond
in a form and in an amount satisfactory to the director before commencing any construction.
Section 14-4-3
Capacity Requirements
A. Water System CaDacitv Reauirements. The director of the town water utility may require an
applicant to install "on-site" or "off-site" water facilities of a size greater than is required to
provide service to applicant's development, referred to as oversizing.
8. Refunds. Refunds of the cost of oversizing shall be solely by agreement approved by the
council. Should a water distribution main installed pursuant to this section be installed in such
a manner as to provide water service to a property not participating in the construction cost,
(hereinafter referred to as "non-participating property") the town may enter into an agreement
for partial refund of the cost of the water main so installed, subject to the following:
1. In no case will the agreed refunded amount exceed the total funds to be collected as
oversizing charges pursuant to this section;
2. Such refunds shall continue for a maximum of fifteen years from the date of the agreement.
Any balances remaining unpaid shall be considered canceled, and the town shall be fully
discharged from any further obligation under the agreement;
3. The amount of the annual refund shall not exceed ten percent of the gross revenue derived
from water sales from the benefitting but non-participating property;
,-
4. In no event shall the town be liable to pay any interest on any amount of costs advanced
by an applicant which are agreed to be refunded by the town.
C. Oversizina Recovery Charae. In lieu of annual refunds from the gross revenue derived from
water sales from the benefitting but non-participating property, the council may, at its sole
option, establish an "oversizing recovery charge" to be charged against non-participating
property for each subsequent connection by non-participating property owners made to or
benefitting from the water facilities previously paid for by a prior applicant, and provide by
agreement with the applicant funding the oversizing for refund of the oversized capacity costs
from revenues derived from said oversizing recovery charge.
1. The oversizing recovery charge shall be determined by computing the total cost of the
water facility improvement, determination of other property which will benefit from the
oversized capacity, allocation of the capacity installed between the original applicant's
property and any non-participating property benefitting from the capacity installed, and
determination of a per connection pro rata cost share for the oversized capacity by meter
size of new connections. The per connection pro rata cost share for the oversized capacity
shall be the oversizing recovery charge.
2. No aversizingrecovery charge shall be levied or collected by the town unless approved by
the council. No oversizing recovery charge shall be in effect for more than fifteen years.
3. Proceeds from an oversizing recovery charge authorized by the town to pay for oversized
capacity installed at the expense of an original applicant shall be used to refund the
applicant's costs incurred for such oversizing. The town shall, on or before June 30th of
Marana Town Code
14-9
rev. 2/96
,--
each calendar year, pay to the applicant pursuant to an approved refund agreement. the
proceeds collected from the oversizing recovery charge applicable to applicant's water
system oversizing costs derived from non-participating property. At the end of fifteen years
from the date of the agreement and effective date of the applicable oversizing recovery
charge any balances remaining unpaid shall be considered cancelled, and the town shall
be fully discharged from any further obligation under the agreement.
4. No interest shall be paid by the town for any amount agreed to be refunded pursuant to an
agreement under this section.
Article 14-5 SERVICE AREA INCLUSION AND FEES
Section 14-5-1 Fees
Any property owner wishing to have his property included in the water utility service area of the
town water utility system, in the event such property was not previously within the service area of
a public service corporation water utility purchased or acquired by the town or within the
boundaries of the Cortaro Water Users Association municipal water utility service area, shall pay
the sum of five dollars ($5.00) per acre or fraction thereof for un-subdivided land, or two dollars
($2.00) per platted subdivision lot for property with a recorded subdivision plat, as a service area
inclusion fee.
Section 14-5-2 Application
Any property owner desiring to have his property included in the water utility service area of the
town shall apply for inclusion on the form provided by the town. The form shall require the name
of the property owner, a legal description of the property proposed to be included and the
authorized signature of the owner of the property requesting approval, said signature
acknowledged pursuant to A.R.S. ~-506. No application for inclusion in the water utility service
area shall be considered unless the service area inclusion fee has been paid, and the required
information and authorized signature of the property owner has been provided.
Section 14-5-3
Approval Required for Inclusion
Applications for service area inclusion for property located within or without the incorporated limits
of the town, but outside the boundaries of a water utility public service corporation or the Cortaro
Water Users Association municipal water service area, shall be subject to approval by the director
of the town water utility upon completion of the required application and payment of the service
area inclusion fee. Applications for service area inclusion outside of the incorporated limits of the
town shall be subject to the approval of the council, which may, at its sole option, decline to
approve such inclusion without cause. In the event an application for service area inclusion
outside the incorporated limits of the town is rejected, the applicant's service area inclusion fee
shall be non-refundable.
Section 14-5-4
Effect of Inclusion
Inclusion in the water utility service area of the town shall entitle the property owner to make
application for water utility service, subject to the provisions of this chapter including requirements
that applicant pay all costs for construction and installation of a water system. The service area
inclusion fee shall be in addition to other fees and charges required by the town to obtain water
service.
Marana Town Code
14-1 0
rev. 2/96
Section 14-5-5
Service Agreement
Inclusion in the water utility service area ot the town by agreement does not constitute an actual
'Hater utility service agreement An applicant for inclusion into the water utility service area at the
town need not simultaneously apply for actual water service nor enter into a water facilities
construction agreement. However, an applicant for service area inclusion must provide the town
with any proposed development plans or subdivision plats the applicant may have to enable the
town to appropriately forecast its future water demands and include the property in its application
for an assured water supply designation. The town reserves the right to require conveyance to the
town ot wells, well sites, rights-at-way and easements as a condition ot service to a new applicant
for service area inclusion.
Section 14-5-6
Data Requested
In the event the service area inclusion applicant has any hydrologic or well data concerning his
property, such data shall be required to be provided as part at the service area inclusion
application.
Section 14-5-7
Inclusion Does Not Constitute 100 Year Water Adequacy
Payment of the service area inclusion fee shall not be deemed as a guaranty that the town has
now or will be successful in the future in obtaining an assured water supply designation for the
town's water utility service area, including the applicant property, pursuant to A.R.S. ~5-576.
Article 14-6 PROVISION OF WATER UTILlTY SERVICE
Section 14-6-1
Customer Responsibility
A. Each customer of the town water utility shall be responsible for the following:
1. Maintaining all facilities on the customer's side of the point of delivery or meter in a safe
and efficient manner and in accordance with the rules of the Pima County Health
Department, the town and any other jurisdiction with regulatory powers over such
connections;
2. Safeguarding all town water utility property installed in or on the customer's premises for
the purpose of supplying water to that customer;
3. Exercising all reasonable care to prevent loss or damage to town water utility property,
excluding ordinary wear and tear. The customer shall be responsible for loss of or damage
to town water utility property on the customer's premises arising from neglect, carelessness
or misuse and shall reimburse the town for the cost of necessary repairs or replacements;
4. Payment of any equipment damage resulting from unauthorized breaking of seals,
tampering or bypassing the town water utility meter;
5. Notifying the town of any failure identified in town water utility equipment;
,-
6. Paying all water rates, charges and fees when due.
Marana Town Code
14- 11
rev. 2196
8. Water furnished by the town shall be used only on the customer's premises and shall not be
resold to any other person. During critical water conditions, as determined by the council, the
customer shall use water only for those purposes specified by the council. Disregard for this
provision shall be sufficient cause for refusal or discontinuance at water utility service by the
town.
C. Each customer shall provide the town and its employees and agents the right of safe ingress
and egress to the customer's premises for any purpose reasonably connected with the town's
water utility property used in furnishing service and the exercise of any and all rights secured
to it by law or this chapter.
Section 14-6-2
Payment at Bills
Water rates, charges or fees are due and payable at the town hall upon billing. Any water rates,
charges or fees not paid in full by the fifteenth of the month, or within twelve days of billing,
whichever is later, shall result in a late charge of $5.00 in addition to the balance due.
Section 14-6-3
Grounds for Termination at Service
A. Water service to a customer may be terminated by the town upon ten days advance written
notice, far any of the following reasons:
1. Customer violation of any of the provisions of this chapter;
2. Failure of the customer to meet or maintain the town water utility's credit and deposit
requirements;
3. Failure of the customer to provide the town reasonable access to its water utility equipment
and property;
4. Failure of a customer to pay a delinquent bill for utility service.
Section 14-6-4
Non-Payment at Delinquent Bill
If any bill for a water rate, charge or fee made to the .customer pursuant to this chapter is not paid
by the fifteenth of the month, the customer shall be given written notice specifying that the bill is
past due. The customer shall be given written notice specifying that the bill is delinquent and
outlining the procedure by which the customer may challenge the accuracy of the bill. If a
delinquent bill is not paid and no challenge has been made to the accuracy at the bill within ten
days of the notice of delinquency, the water supply will, without further notice, be turned off, and
not turned on until all sums due are paid in full, together with a charge for reconnection after
delinquency as provided in article 14-7. ::.r....,.' n /.~,: "",".c. ,"-_ ,,;i ,....~ .:/.;0...... ,-:" ,;-: ':/.,-_.
i . /
~/:::{_: ."'t~ .~ p'). :~......;C..:... ~
Reconnection at Service J--<.<.. t, .;;
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Section 14-6-5
In no case shall any individual or plumber turn on the water supply to any building or any supply
pipe, where the supply has been turned off for the nonpayment of the monthly water bill or for the
violation of any provision of this chapter. All water that has been turned off by the town water utility
shall only be turned on again by the employees or agents of the town water utility.
Marana Town Code
14- 12
rev. 2/96
Section 14-6-6 Challenge ot Accuracy at Water Bill
.F"...
A. The procedure by which a customer may challenge the accuracy of a water bill and the
determination of the validity of such challenge shall be as follows:
1 . The customer shall notify the town, in writing, of the challenge of the accuracy of the water
bill and the reasons therefor. In the event the customer has received a notice of
delinquency, such challenge shall be filed within ten days of the date of the notice of
delinquency.
2. The customer may request that the meter be re-read or the meter be tested, provided the
customer pays the meter re-read charge or the meter test charge in advance, in the
amount as provided for in article 14-7. A request for meter re-read or meter retest, paid
for by the customer, shall constitute a challenge to the accuracy of the water bill.
3. In the event the meter reading is found to be in error due to a meter re-read or meter test,
the town shall refund the cost of the meter re-read or meter test paid by the customer and
rebill the customer. Customer shall have twenty days to pay the delinquent bill which had
been challenged and a rebill sent.
4. The director of the town water utility may appoint a hearing officer to investigate all
challenges of the accuracy of water bills, when such challenge does not include a request
for a meter re-read or meter retest. The hearing officer shall meet with the customer
challenging the accuracy of the water bill. The hearing officer shall be empowered to make
a decision as to the validity of the customer's challenge and, if he finds the customer's
challenge to be valid, shall be empowered to make the appropriate correction to the bill.
If it is necessary for determination of the merits of the customer's complaint for the hearing
officer to have a more complete set of facts before him at the time of meeting with the
customer, he or she shall make whatever investigation is necessary before rendering a
decision.
5. The customer's water service shall not be terminated until and unless the hearing officer
completes his or her investigation and finds the customer's challenge to be without merit,
or until the requested meter re-read or meter retest has been conducted and the meter has
been found to be working properly.
6. If the hearing officer rules that the bill rendered to the customer is accurate, such finding
is final.
Section 14-6-7 Deposit Requirement After Termination
The town shall require as a condition of reestablishing water. service in the event of termination
due to non-payment of a delinquent water bill, payment in full of all amounts due and owing and
payment of a water utility deposit.
Section 14-6-8 Termination Without Notice
A. Water utility service to a customer may be terminated by the town, without advance written
notice. under the following conditions:
....-
Marana Town Code
14- 13
fev.2J96
1. The existence of an obvious hazard to the safety or health of the customer or the general
population;
2. The town has evidence of water meter tampering or fraud;
3. Unauthorized resale of water or use of water utility services;
4. Failure of a customer to comply with the curtailment procedures imposed by the council
during supply shortages.
Section 14-&-9
Service Obligations of Town
A. Level of Service. The town shall make reasonable efforts to supply a satisfactory and
continuous level of service to its customers.
B. Non-liability. The town shall not be responsible for.. any damage or claim of damage attributable
to any interruption or discontinuation of service resulting from:
1. Any cause against which the town could not have reasonably foreseen or made provision
for, such as but not limited to; Le., force majeure;
2. Intentional service interruptions to make repairs or perform routine maintenance;
3. Any service interruption caused by facilities purchased by the town from existing private
water companies;
4. Curtailment.
C. Service Interruotions. The town shall make reasonable efforts to reestablish service within the
shortest possible time when service interruptions occur. In the event of national emergency
or local disaster resulting in disruption of normal service, the town may, in the public interest,
interrupt service to provide necessary service to civil defense, fire protection or other
emergency service agencies on a temporary basis until normal service to these agencies can
be restored. When the town plans to interrupt service for more than four hours to perform
necessary repairs or maintenance,. the town shall attempt to inform affected customers at least
twenty-four hours in advance of the scheduled day and the estimated duration of the service
interruption. Such repairs shall be completed in the shortest possible time to minimize
inconvenience to customers of the town water utility. Notice to customers shall not be required
in the event of an emergency or an outage due to unanticipated events or causes.
D. Minimum Delivery Pressure. The town shall maintain a minimum standard delivery pressure
of 20 pounds per square inch gauge (PSIG) at the customer's meter or point of delivery.
E. Construction Standards. The town shall construct all facilities in accordance with the
guidelines established by the Arizona Department of Health Services, the Arizona Department
of Environmental Quality, the town and any other jurisdiction with authority over the
construction standards for public water supplies.
Section 14-6-10 Meter Reading; Measurement ot Service
Marana Town Code
14- 14
rev. 2/96
A. Each customer's meter shall be read monthly on as close to the same day as practical. All
water delivered by the town water utility shall be billed on the basis of metered volume sales,
except that the town may, at its option, provide a fixed charge schedule for the following:
1. Temporary services where water use can be readily estimated;
2. Public and private fire protection service;
3. Water used for town purposes.
Section 14-6-11 Customer Requested Meter Re-Reads
At the request ot a customer, the town shall re-read the customer's meter within ten working days
after such request by the customer. Any re-reads shall be charged to the customer at the rate
provided for in article 14-7, provided that the original reading was not in error.
Section 14-6-12 Customer Requested Meter Tests
At the request at a customer, the town shall test the customer's meter. Meter tests shall be
conducted within ten working days after such request by the customer. Meter tests shall be
charged to the customer at the rate provided tor in article 14-7, provided that the meter was not
found to be in error by more than three percent.
Section 14-6-13 Billing and Collection
A. Meter Readina. The town shall bill its customers monthly tor water services rendered. Meter
readings shall be scheduled tor periods at not less than twenty-five days nor more than thirty-
five days. If the town is unable to read the meter on the scheduled meter read date, the town
will estimate the consumption tor the billing period giving consideration to the following factors
where applicable:
1. The customer's usage during the same month of the previous year;
2. The amount of usage during the preceding month.
3. Failure on the part of the customer to comply with a reasonable request by the town for
access to its meter may lead to discontinuance of service.
B. Estimated Bills. Estimated bills will only be issued under the following conditions:
1. Conditions which prevent the town from reading the meter; or
2. Circumstances that make it dangerous or impossible to read the meter; i.e., locked gates.
blocked meters, vicious or dangerous animals, threatening conduct ot the customer, etc.
3. Each bill based on estimated usage will indicate that it is an estimated bill.
C. Combinina Meters. Each meter at a customer's premises will be considered separately for
billing purposes, and the readings of two or more meters will not be combined unless the town,
in its sole judgement. determines good cause exists to combine meter readings.
Marana Town COOe
14-15
rev. 2/96
D. Minimum Bill Information. Each bill for water utility service will contain the following minimum
information:
1. Date and meter reading at the start of a billing period;
2. Previous month's meter reading;
3. Bill usage;
4. Town water utility telephone number;
5. Customer's name;
6. Service account number;
7. Amount due and due date;
8. Past due amount plus interest (where appropriate);
9. Other charges and taxes (where applicable).
E. Billing Date. The date a bill is rendered may be evidenced by any of the following: the
postmark date, the mailing date, certified mail or certificate of mailing.
,~
Article 14-7 WATER RATES AND CHARGES
Section 14-7-1
Monthly Charges
A. Charges for water utility service shall be made at monthly intervals and shall, to the extent
consistent with the express policy to charge for water in direct proportion to the cost of
securing, developing and delivering water to the customers of the town water system, recover
all capital, operational and maintenance costs associated with or attributable to providing water
service through the town water system. Water charges will be computed through the
summation at a monthly water service fee plus a monthly water use charge, plus any
applicable state or local sales taxes. .
B. The monthly water service fee (including the first 1,000 gallons at water) shall be based upon
the meter size, and shall be as follows:
Meter size
5fax ~i" meter:
% x %" meter:
1" meter:
1 Y2" meter:
2" meter
3" meter
4" meter
5" meter
6" meter
Marana Town Code
Minimum Charae
$ 14.00 per month
$ 14.00 per month
$ 34.00 per month
537.00 per month
5 43.00 per month
5 58.00 per month
$102.00 per month
5152.00 per month
5202.00 per month
14-16
rev. 2/96
C. The monthly water use fee shall be:
1. For each 1,000 gallons above the minimum service fee, $2.55 per 1,000 gallons.
Section 14-7-2 Installation Charges
A. There shall be an installation charge for all water service connections. This charge shall
include the cost of the water meter, valves, boxes and installation.
B. Deposits and charges for the installation of a metered water service connection shall be based
upon the size of the meter installed, and shall be as follows:
Guarantee Installation Connection
Meter Size Deposit Charge Charae Total
~x%' $ 50.00 $ 500.00 $ 100.00 $ 650.00
:;4 x :;4' $ 50.00 $ 500.00 $,.100.00 $ 650.00
l' $ 60.00 $ 850.00 $ 250.00 $1160.00
11h $ 70.00 $1300.00 $ 600.00 $1970.00
2' $110.00 $1700.00 $1000.00 $ 2810.00
3' and up $ ----- $ ------ $ --------- $---
C. The installation charge for a metered water service connection in excess of two (2) inches in
diameter shall be the town's actual cost, including labor, materials and administrative costs,
for installing such meter.
D. In addition to any service line installation charge, all applicable permit fees, right-of-way costs
or unusual construction costs shall be added and paid for by the applicant at the time of his
application.
E. Installation charges assume availability of an existing water main contiguous to the applicant's
property. In the event a main extension is required, applicant shall pay all costs for such main
extension, which costs shall be non-refundable.
F. Guarantee deposits are refunded when. customer moves or requests a discontinuance of
service, provided all water bills are paid in full.
G. Connection fees are designed to reflect approximate and appropriate costs of replacing the
demand on existing water supply sources created by each new service. All connection fees
are to be retained in a separate and special fund and account to be used for water source
development to upgrade and improve existing systems. Funds could be used to pay for
appropriate portions of any new source development that was partially paid for by a developer
to serve a new area and which has excess capacity that could be interconnected and benefit
existing customers. Funds couid also be used to develop facilities to take and treat CAP water
if that were to become a viable alternative for existing sources in the future.
H. Set charges for installations reflect estimated expenses and are the required up-front charges.
These are estimated charges for the simplest type of installation. The actual cost of installation
will be billed as determined by the Marana Municipal Water System. The actual cost will be
increased in the case of pavement cutting, excessive length, rocky ground, or any other
additional cost inflating factors, or if the actual costs are less than the installation charge the
Marana Town Code
14-17
rev. 2196
excess will be refunded. Since the installation of large meters involves such variable
situations, these will be evaluated individually and estimate made in each case. The same
policy of actual cost to Marana Municipal Water System would apply. Large meters
installations can be made by the customer's contractor provided the contractor furnishes proof
of licensing. All final inspections and approvals shall be made by Marana Municipal Water
System personnel.
Section 14-7-3
Other Service Charges
A. New Service Establishment Fee: $19.00. The new service establishment fee is for the cost
of establishing the new customer service account during regular working days (Monday
through Friday) between the hours of 9:00 a.m. and 4:00 p.m., holidays excepted.
B. New Service Establishment Fee After Hours: $45.00.
C. Reconnect Fee (Delinquent Account): $19.00 (olus brinq acount current). The reconnect fee
shall be for the cost of reestablishing water service after water service has been terminated for
any other reason.
D. Customer Requested Re-read of Meter: $35.00. This fee shall be refundable in the event the
meter is found to not be reading accurately, defined as an error of greater than 3%.
E. Check Returned for Insufficient Funds: $12.00. This fee shall be added to a customer's water
bill in the event the check for payment is returned unpaid due to insufficient funds or closed
account or stop payment.
F. Customer Requested Meter Test: $40.00. This fee shaH be refundable to the customer in the
event the meter is found not to be reading accurately, defined as an error of greater than 3%.
G. Late Payment Fee: $ 5.00.
Article 14-8 EMERGENCY WATER CONSERVATION RESPONSE
Section 14-8-1
Declaration of Policy
It is hereby declared that, because of varying conditions related to water resource supply and
distribution system capabilities within the Town of Marana, it is necessary to establish and enforce
methods and procedures to ensure that, in time of emergency shortage of the local water supply,
the water resources available to the residents of the town are put to the maximum beneficial use,
that the unreasonable use, or unreasonable method of use is prevented, and that conservation of
water is accomplished in the interests of the customers of the town water utility, customers of other
water utilities located within the town and for the public health, safety, and welfare of the residents
of the town.
Section 14-8-2
Definitions
A. In this article, unless the context otherwise requires:
1. "Economic hardship" means a threat to an individual's or business' primary source of
income.
Marana Town Code
14- 18
rev. 2/96
2. "Notification to the public. means notification through local media, including interviews, and
issuance of news releases.
3. "Outdoor watering day. means a specific day, as described in a specific outdoor watering
plan, during which irrigation with sprinkler systems or otherwise may take place.
Section 14-8-3
Application
A. This article applies to all municipal and industrial water utility customers who own, occupy, or
control water used on any premises as defined in this article. This article shall not apply to any
agricultural use of water furnished by an irrigation district.
8. No person shall make, cause, use, or permit the use of water received from the Town of
Marana water utility or any other municipally owned or privately owned water utility providing
water service within the town for residential, commercial, industrial, governmental or any other
purpose in any manner contrary to any provision. in this article.
C. Mandatory emergency conservation measures shall be implemented based upon the
declaration of an emergency pursuant to section 14-8-4.
Section 14-8-4
Declaration of Water Emergency Authorized
The council, or in the absence of a quorum the mayor or the vice-mayor, upon the recommendation
of the town manager is hereby authorized to declare a water emergency and to implement
mandatory conservation measures as set forth in this article.
Section 14-8-5 Implementation; Termination
A. The town manager shall develop guidelines which set forth general criteria to assist the council,
or in the absence of a quorum the mayor or the vice-mayor, in determining when to declare a
water emergency. Upon declaration of a water emergency, the town manager shall report in
writing to the council providing the reasons for and expected duration of such emergency and
describing implementation of emergency water conservation measures.
8. A water emergency may be declared for a specific water utility system, such as, but not limited
to, the Town of Marana water utility system, the City of Tucson water utility system located
within the town, or any other public or private water utility system located within the town, which
is unable to provide adequate quantities, qualities or pressure of water delivery in compliance
with Arizona Department of Environmental Quality standards or regulations, or fire flow
requirements, and which constitutes a danger to the public health, safety and welfare of the
residents of that water utility system.
C. The declaration of a water emergency shall be specific to the water utility system which is
unable to provide adequate quantities, qualities or pressure of water delivery in compliance
with Arizona Department of Environmental Quality standards or regulations, or fire flow
requirements, and to the water customers of that water utility system.
D. The owner or operator of a water utility system located within the town boundaries may
request, in writing, that the town declare a water emergency pursuant to this article for its water
utility system, setting forth the reasons and justification therefore.
Marana Town Code
14-19
fev. 2/96
E. Upon the cessation of the condition or conditions giving rise to the water emergency, or upon
majority vote of the council, or in the absence of a quorum the mayor or the vice-mayor shall
declare the water emergency terminated. Upon such termination, the mandatory conservation
measures shall no longer be in effect
Section 14-8-6
Mandatory Emergency Water Conservation Measures
A. Upon declaration of a water emergency and notification to the public, the following mandatory
restrictions upon non-essential users shall be enforced as to the customers of the water utility
system for which the water emergency was declared:
1. All outdoor irrigation, except for those areas irrigated with reclaimed water or water
provided by an irrigation district for agricultural use, is prohibited. If the town manager
deems it appropriate, a schedule designating certain outdoor watering days may be
implemented in place of the irrigation ban.
2. Washing of sidewalks, driveways, parking areas, tennis courts, patios, or other paved
areas with water from any pressurized source, including garden hoses, except to alleviate
immediate health or safety hazards, is prohibited.
3. The outdoor use of any water-based play apparatus connected to a pressurized source is
prohibited.
4. Operation of water cooled space and equipment cooling systems below an operating
efficiency level of two cycles of concentration is prohibited.
5. Restaurants and other food service establishments are prohibited from serving water to
their customers unless water is specifically requested by the customer.
6. The operation of outdoor misting systems used to coal public areas is prohibited.
7. The filling of swimming pools, fountains, spas, or other related exterior water features is
prohibited.
8. The washing of automobiles, trucks trailers and other types of mobile equipment is
prohibited, except at facilities equipped with wash water recirculation systems, and far
vehicles requiring frequent washing to protect public health, safety and welfare.
Section 14-8-7 Variance
The town manager, or the town managers designee, is authorized to review hardship cases and
special cases within which strict application of this article would result in serious hardship to a
customer. A variance may be granted only for the reasons involving health, safety, or economic
hardship. Application for a variance from requirements of this article must be made on a farm
provided by the town manager.
Section 14-8-8 Violation
A. In the event of any violation of this article the water utility for which the emergency was
declared shall be responsible for having a written notice placed on the property where the
violation occurred and a duplicate mailed to the person who is regularly billed for the service
Marana Town Code
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rev. 2196
where the violation occurred and to any person known to the town or the water utility, who is
responsible for the violation, and order that it be corrected, ceased, or abated immediately or
within such specified time as the town or water utility determines is reasonable under the
circumstances and shall contain a description of the fees and penalties associated with said
violation.
8. If said order is not complied with, within twenty-four (24) hours, the town or the water utility may
forthwith disconnect the service where the violation occurred. A fee of two hundred fifty dollars
($250.00) shall be imposed for the reconnection of any service disconnected pursuant to non-
compliance, which shall be in addition to other fees or charges imposed by this article for
disconnection of service.
C. In addition to being grounds for disconnection of service, violation of any provision of this article
shall be a civil infraction. An individual or corporation convicted of violating provisions of this
article shall be assessed a civil penalty of not less than two hundred fifty dollars ($250.00).
"
o. Nothing herein shall conflict with the rules and regulation and approved tariffs of the Arizona
Corporation Commission as they may apply to public service corporations furnishing water
service within the Town of Marana.
Section 14-8-9
Enforcement
The town manager is authorized to designate town employees or employees of water utility
systems not owned by the town to enforce the provisions of this article. The City of Tucson and
employees of the City of Tucson's water utility are expressly authorized to enforce the provisions
of this article solely as to customers of the City of Tucson's water utility system located within the
town.
Article 14-9 VIOLATIONS
Section 14-9-1
Installation and Repair by Individuals Prohibited
All water services to be installed by the town water utility shall only be installed by the town or its
authorized employees or agents as provided for in this chapter. It is unlawful for any person to
install any such service or any part of such service, or to repair any service now existing or any part
thereof, from the water mains to and including the meter, or disturb any right-of-way easement,
street or alley in any manner for the purpose of locating problems with the water system or for any
other reason whatsoever.
Section 14-9-2 Turning on Water Without Authority
It is unlawful for any person, by false key or otherwise, after the water has been shut off from any
premises, to cause such premises to be supplied with water or for any person to aid or abet such
action.
Section 14-9-3
Escaping Water
No person shall allow water to escape from his or her premises upon public property, such as
alleys, roads or streets, nor upon any other person's property.
Marana Town C<XIe
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rference, Tampering With Facilities
n ose any fire hydrant or stopcock connected with the water system of the
ve the covers of any gate valves or shutoffs, or tap Into town water mains or
. eater from the town water utility system without a permit from the director of the
Ii ,or In violation of conditions of a permit, except in case of fire, and then under the
officers of the fire department.
Damaging, Defacing Facilities
I . unlawful for any person to destroy, deface, impair, injure or wantonly force open any gate or
oor, or in any way whatsoever destroy, injure or deface any reservoir, building, storage tank or
appurtenances, fences, trees or fixtures or property appertaining to the water utility of the town.
Article 14-10 AMENDMENTS AND PUBLIC HEARING
Section 14-10-1 Amendment Procedure
This chapter may be amended, but all of the proposed amendments shall be submitted first to the
Water Utility Advisory Committee for its recommendation, which recommendation shall be
submitted to the council within thirty days after any proposed amendment has been considered by
the Water Utility Advisory Committee in a public meeting.
Section 14-10-2 Public Hearing Requirement
Before any proposed amendment to this chapter may be considered by the council, the council
shall hold a public hearing on the proposed amendment. Notice of the time and place of the
hearing shall be given at least fifteen days before the hearing. Any proposed change In water rates
shall also require notice of the hearing to be provided In the water bills of the town's water
customers sent to the customers at least fifteen days prior to the hearing.
Marana Town Code
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fev. 1/96