HomeMy WebLinkAboutResolution 90-011 declaring a public record the marana water utility codeRESOLUTION NO. 90-11
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MA~d~IA,
ARIZONA DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT
FILED WITH THE TOWN CLEEK AND ENTITLED "MARANA WATER
UTILITY CODE" AND DECLARING AN EMERGENCY
BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona as follows:
1. That certain document entitled "Marana Water
Utility Code", three copies of which are on file in the office of
the Town Clerk, is hereby declared to be a public record, and
said copies are ordered to remain on file with the Town Clerk.
WHEREAS the immediate operation of this Resolution is
necessary for the preservation of the public peace, health and
safety of the Town of Marana, Arizona, an emergency is hereby
declared to exist, and this Resolution shall be in full force and
effect from and after its passage and adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town
'of Marana, Arizona this ~ day of February, 1990.
ATTEST:
.~OWN CLERK
Date Signed:
APPROVED AS TO FORM:
1
WUCODE.MAR.10/9/89
Rev 2/12/90
MARANA WATER UTILITY CODE
TITLE 1
TITLE, INTENT AND PURPOSE, DEFINITIONS
O1.01. TITLE
This code shall be know as and shall be entitled, THE WATER UTILITY
CODE OF THE TOWN OF MARANA,
01:02.. INTENT AND PURPOSE
It is the intent and purpose of .the Marana Town. Council, by
adopting this Wafter Utility Code, to promote the health, safety,
order, and general welfare of .the present and future inhabitants ,
of the Town, and specifically to: (a) provide for safe and reliable
water utility service to the inhabitants of the Town; (b) provide
for the financial integrity of the Town water utility; (c) to
protect the health, safety and welfare of the inhabitants of the
Town; (d) to manage the water resources of the Town to protect the
existing inhabitants. of the .Town and to facilitate the economic
development of the Town; (e) to develop .water resources for the
benefit of the inhabitants of the Town; (f) to'grovide for the
expansion and improvement to the Town's water utility .system; and
- (g) to secure economy in municipal expenditures and facilitate
adequate provision of water system capacity and improvement.
01.03. DEFINITIONS
In this Water Utility Code, unless the context otherwise requires,
the following definitions shall apply:
"Applicant". A person requesting the Town to supply water
service.
"Application". 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.
"Commodity Charge". Theunit cost of billed usage, as .set
forth in the water rates and charges.
"Contributions in Aid_ of Construction". Funds provided to
the Town water utility by the applicant under the terms of amain
extension agreement and/or service .connection agreement the value
of which are not refundable.
• •
'"Customer". The person or entity in whose name service is
rendered,. as evidenced by the name on the application or contractor
for than service, or by the :receipt and/or payment of bills
regularly issued. in his name regardless of the .identity of the
actual user of the water service.
"Distribution Main". A water main of the Town water utility
from which service connections may be extended o customers.
"Main Extension". The mains and ancillary equipment necessary.
to extend the existing. water distribution system to provide service.
to additional .customers.
"Master Meter". A meter for measuring. or recording the flow
of water at a single location where said water is transported.
through piping system to tenants or occupants for their individual
consumption.
"Meter". The instrument for measuring and indicating or
.recording the volume of water that has passed through it.
"Meter .Tampering". 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.
"Minimum Charge". The amount. the customer must pay for the
availability of water. service, .including 1,000 gallons of usage.
"Person". Any. individual, partnership, corporation,
governmental agency, or other organization operating as a-single
entity.
"Point of Delivery" 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.
"Service .Line" . A water line that transports. water from a
common source (normally a distributionmain) of supply to the
customer's .point of delivery.
"Premises". 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-of-way or easements.
2
TITLE 2
RESPONSIBLE ENTITIES
..02.01. THE MARANA TOWN COUNCIL
02.01.01.. Appointments
The Marana Town Council shall be responsible for the appointment-
of a Town Water.Utility.Director. The Town Manager-shall appoint
all .such other personnel to fulfill the purposes of this .Water
Utility Code.
02.01.02. Adoption of a Comprehensive Water. Development Plan
The Town 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 Town
Council shall assure that no extension, improvement or .addition to
the Town water utility system or facilities over which the Towrr of
Marana 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.
02.01.03. Adoption of Water Utility Construction Standards
The Town 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.
A2.01.04. Management of Water System by Independent Contractor
The Town Council may, it 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 Town. 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 ..Town 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.
02.01.05. Water Utility to be Enterprise Fund Based
There. is established by this code a separate Water..Utility Fund
and all monies paid to the Town pursuant to provisions of the Water
Utility Code for, but not limited to, water service charges, fees,
construction of facilities, and 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,
_3
• •
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 Town General
Fund to the Town Water Utility Fund 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 of Marana that the
Town water .utility shall be aself-supporting utility funded< solely
from revenues generatedfrom 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 of Marana shall be-uniform for the
class of .service or type of service provided throughout the water.
utility of the Town:.
02.01.06. Amendments
The Town 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 Title i0 herein.
02.02. TOWN WATER UTILITY-DIRECTOR
.02.02.01. Duties
The Director of the Town of Marana Water Utility shall have the
duties and responsibilities as determined by the Town Council by
resolution, in addition to those duties and responsibilities
enumerated herein. The Director of the Town-Water Utility shall
be responsible for the day-to-day management of the Town water
system, including but not linvited to: the inspection and repair of
the water system; sufficiency of water supply: enforcement of this
Water Utility Code; review of all engineering plans,• review of ali
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; preparation of annual budgets;
preparation of capital improvement plans.
02.02.02. Term
The Director of the Town of Marana Water Utility shall serve a term
of appointment as determined by the Town Council, and shall serve
in such capacity at the pleasure and discretion ofthe Town
Council.
4
'~
02.02.03. Compensation
The. Town Council shall provide, upon hiring the Town Water Utility
Director, the terms and provisions of compensation to be provided
by the Town to such Director.
.02.03. WATER UTILITY ADVISORY COMMITTEE
02.03.01. 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. Town Council.
02.03.02. Functions and Purposes
The functions, purposes, ..:powers and duties of the Marana.Water
Utility Advisory. Committee shall be to:
(a) Act as the official advisory body on water capital
improvement program planning and rate structure
formulation to the Town Council;
(b) Annually review the proposed water..system capital
improvement program, and recommend to the Town Council
an annual and five year capital budget;
(c) Annually .review .the water revenue requirements of the
water utility and recommend to the Town Council rate
adjustments as required.;
(d) Review .and report to the Town Counci'1 on the
comprehensive water system development plan and any long
term (ten to fifty years) water source and capital needs
of the water system, utilizing staff of the Town and
other sources for the information .necessary for such
review;
(e) Support and sponsor community programs and projects to
provide information and education to the community
.regarding the Town water utility;
(f) Review and make recommendations on proposed state -and
federal-legislation relating to water;
(g) Review and make recommendations on proposed acquisition
of private water companies. and expansion of the .water.
utility service area;
(h) Consult with the Town Council from .time-to-time as..may
be required by the Town Council relative to water related
issues.....
5
02.03.03. Membership Composition, Terms and-Qualifications
The Marana Water Utility Advisory Committee shall be composed. of
.five members, two of which shall be residential customers, one of
which shall be a commercial customer, one of which shall represent
.agricultural interests other than Cortaro-Marana Irrigation
District, and one of which shall represent Cortaro-Marana
Irrigation District or the Cortaro Water Users Association. 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 for terms of three. years.
02.03.,04. Committee Organization
The Marana Water Utility Advisory Committee chairperson and avice-
chairperson shall. be selected by a majority of the committee
members annually on the second 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:
02.03.05. Committee Reports
The Marana Water Utility Advisory Committee shall render to the
Town Council an annual report on or before March 1 and send
additional reports and recommendations as it determines, or as
requested by the Town Manager. Minutes of the committee shall be
filed. with the Town Clerk.
02.03.06. Limitation of Powers
Neither the Town of Marana Water Utility Advisory .Committee nor
any member of the committee may incur Town. expenses. without prior
authorization of the Town Council, nor may it obligate the Town of
Marana in any. manner or form.
6
TITLE 3
APPLICATION FOR. SERVICE REQUIRED; PAYMENT OF CHARGES PREREQUISITE
TO SERVICE; DEPOSITS; AMOUNT; REFUND; BOND; OTHER SERVICE RELATED
MATTERS
03.01. APPLICATION FOR SERVICE
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 Water Utility Code. Title to all
pipes, fittings and other water facilities shall be and remain in_
the .Town. of Marana. 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 any one of the
applicants at the Towns'. discretion.
The following minimum information shall be required from each new
applicant. for water utility service:
(a) Name or names of applicant(s);
(b} Service address or location andtelephone number;
(c) Billing address/telephone number if different than
service address;
(d) Address where water service was provided previously;
{e) Date applicant will be ready for service;
(f) ..Indication of whether premises have been supplied with
water utility service previously;
(g) Purpose for which service is to be used;
(h) Indication of whether applicant is owner or tenant of or
agent for the premises.
03.:02. DEPOSITS
03.02.OI. Requirement of Deposit, Amount
The Town of Marana 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, 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.
03.-02.02. interest on Deposit, Amount, .Refund of .Deposit
Customer deposits shall be deposited in an interest bearing account
and the .interest earned on that .account will be computed and
credited annually at the rate of interest actually earned.. on all..
7
,,
deposits which have been left. with the Town, for periods...during
which service has been continually provided, anal if the customer
has not been delinquent in the payment of bills rendered during
such period. The deposit..shall be refundable after .one {l) year
ofcontinuous service, providing the account is not delinquent and
has been kept in good standing, or upon closing the account after
the final bill is satisfied.- No interest shall be paid. on
deposits. The individual. in whose name the deposit is made shall
be responsible for the payment of all bills incurred in connection
with the service furnished. The guaranteed deposit receigt is not
.negotiable. and can be redeemed only at the Town of Marana water
utility .collection office upon closing account.
03.02.03. Use of Deposit for Payment of Bill
Upan discontinuation of service the deposit will-be applied by .the
Town toward settlement of the account.
.03.03. BOND
The Town of Marana may, at its option, require a utility service
bond in lieu of a cash deposit for commercial and. industrial
applicants for service. .Such utility service bond shall be on a
form approved bythe Town Attorney, and the Town Water Utility
Director shall have the power. to execute such bond on .behalf of
the Town. The provisions of 03.01 and 03.02 of this Title shall
apply to utility"service bonds.
03.04. GROUNDS FOR REFUSAL OF SERVICE
The Town of Marana may refuse to establish water utility service.
if any of the following conditions .exists:
(a) The applicant has an outstanding amount due for water
service with the Town and the applicant does. not bring
current its outstanding bills;
(b) 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;
(c) Refusal by the applicant to provide the Town with a water
utility deposit;
(d) Failure of customer to furnish such funds, service,
equipment and/or rights-of-way necessary to serve the
customer and which has been specified by the Town as a
condition for providing water utility service;
(e) Applicant provides false. information. for the purpose of ,
obtaining service.
8
03.05. TEMPORARY. SERVICE
Applicants for temporary. 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 service. 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 (6) months shall be
deemed. a permanent service, and provisions of this .code .relating
to permanent service shall apply.
03.A6. SERVICE .LINES,. VALVES AND METERS
An applicant for. water utility aervice shall be responsible for
thecost 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 customer shall provide and maintain a private cutoff
.valve within 18 inches of the meter on the customer's side of the
meter. The Town_may install its water meter at the property lines,
or at the Town's option,. on the customer's property: .Where. the
.meter or service line location on the customer's, premises is
changed at the request. of the customer or due to alterations on the
customer's premises,. the customer shall provide and have installed
at his expense. all piping necessary for relocating. the meter and
the Town may make. a charge for moving the meter and/or service
line. The customer's lines or .piping must be installed in such a
.manner as to prevent cross-connection or backflow.
03.07..EASEMENTS AND RIGHTS-OF-WAY
Each customer of the Town water utility..shali grant adequate
easement and/or right-of-waysatisfactory to the Town to ensure
that customer's. service .connection` is accessible by the .Town.
Failure on .the .part of customer to grant adequate easement and/or
.right-of-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
and/or equipment, the Town shall notify the ..customer or his agent
and. shall take whatever actions area necessary to eliminate the
hazard, obstruction or..violaton at the customer' expense.
9
..TITLE. 4
AGREEMENTS FOR CONSTRUCTION AND .FINANCING OF WATER FACILITIES
AUTHORIZED
04.01. AGREEMENTS TO CONSTRUCT NEW FACILITIES
04..01.01. Approval of Agreements to Construct New Facilities
The Town 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 of the Town Council to serve the proposed new
customers. Agreements for construction of water facilities shall
provide that all costs be at the sole expense of the applicant for
service,. except as otherwise noted in such agreement. Costs shall
include, but not be limited to, engineering and design fees,
materials, labor, applicable taxes, permits, 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 both within an applicant's
proposed development as well as outside the development if such
facilities are deemed necessary or desirable in the sole opinion
of the Town of Marana to serve the new development. All agreements.
for the construction of water facilities shall be subject to the
final approval of the Town Council. No agreement for the
construction of water facilities shall be submitted for. approval
by the Town Council unless such agreement has been reviewed and
approved by the Town Attorney, and the engineering plans have been
approved by the Town Engineer andthe Director of the Town Water
Utility..
04..01.02. Main Extension Agreements
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 applicant's property.
(a) 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
of 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
10
• •
request, make available to applicant within sixty.(60)
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..
(b) 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 (30) days after the completion of the.
construction.
(c) Main extension agreements shall have the minimum
,followingwritten requirementsz
1. ..Name and address of applicant(s);
2. Proposed service address;
3. Description of requested service;
4. Description if any of the requested line
extension;
5. Itemised cost estimate to include materials,
labor, and other costs as necessary;
6. Payment terms;
7. A clear and concise explanation of any
oversizing refund provisions, if applicable.
(d) The size, design, type .and quality of materials of thee.
.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.
(e) All pipelines, valves, fittings, wells, tanks,
reservoirs, or other facilities installed. by agreement.
with the Town shall be the sole property. of the Town of
Marana, and parties making advances in aid of
construction under this Water Utility Code shall have no
right, title. or interest in any such facilities.
04..02. CONSTRUCTION OF FACILITIES OTHER THAN BY TOWN
04.02.01.. Construction of Facilities Other than By Town
The Town 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 the
Town..
11
04.02.02. Approval of Construction Plans and Inspection.
Plans for 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 Town 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 of Marana.
04.02.03. Construction Agreement
With each application for a permit for the construction of .:water
facilities authorized by section 04.02, the applicant shall execute'.
.and deliver to the Director of the Towne Water Utility, in
duplicate, the agreement for construction thereof by private
contract. If the agreement conforms with the provisions of this
chapter, the Town Water Utility Director may submit the agreement..
for approval to the Town Council. The applicant shall further
provide a bond in a form and in an amount. satisfactory to the
Director before commencing any construction.
04.03. WATER SYSTEM CAPACITY REQUIREMENTS, OVERSIZING, REFUNDS FOR
OVERSIZED CAPACITY
04.03.01. Water System Capacity Requirements
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.
04.03.02. Refunds.
Refunds of the cost. of oversizing shall be solely by_agreement
approved by the Town Council..• Should a water distribution main
installed. pursuant to this suction 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 cast of the water main so installed, subject to:
{a) in no case will the agreed refunded amount...exceed
the total .funds to becollected as oversizing
.:charges pursuant to this section; and,
(b) such refunds shall continue for a maximum of fifteen.
(15) years from the date of the agreement. Any
balances. remaining. .unpaid shall be considered
cancelled, and the Town shall be fully discharged
from :any further obligation under the agreement;
12
(c) .the amount of the annual refund shall not exceed
ten percent (10~) of the .gross revenue derived .from
water .sales from the benefitting but Non-
participating Property;
(d) 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 Town.
04.03.03. Oversizing Recovery Charge
In lieu of annual refunds from the gross revenue derived fxom water
sales from the benefitting but Non-participating Property, the Town
Council may, at its sole option, establish an "Overszing Recovery
Charge" to be charged against Non-participating Property for each
subsequent connection by Non-participating Property :owners made to
or beneftting 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
(a)
(b)
(c)
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 by .meter size shall be the "Oversizing
Recovery Charge".
No "Oversizing Recovery Charge" shall be levied or
collected by the Town unless approved by the Town
Council. No "Oversizing Recovery Charge" shall be
in .effect for mare than fifteen (15);.years.
Proceeds from a "Oversizing Recovery. Charge"
authorized by the Town topay 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 each calendar year, pay to
the applicant pursuant to an approved refund
agreement, the proceeds: collected from the
"Oversizng Recovery Charge" applicable. to
_applicant~s water system oversizingcostsderived
from Non-participating Property. At the end of
fifteen (15) years from the date of the agreement
13
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.
(d ) No .interest shall be paid by the. Town for any amount
agreed to be refunded pursuant to an agreement
under. this section.
TITLE 5
SERVICE AREA. INCLUSION AND 'FEES
05.0.1.. SERVICE AREA INCLUSION FEES
Any property owner wishing to have his property included in the
.water utility service area of the Town of Marana 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 $S.OO per acre or fraction thereof for e
unsubdivided land.,. or $2.00 per platted. subdivision lot for
property with a recorded subdivision. plat, as a Service Area
Inclusion Fee.
05.02, .APPLICATION FOR SERVICE AREA INCLUSION
Any groperty owner desiring to have his property included in the
water utility service. area of the Town of Marana 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. 33-506. 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.
D5.03. SERVICE AREA INCLUSION WITHIN AND WITHOUT TOWN, APPROVAL
Applications for service area inclusion for property located within
or without the incorporated limits of the Town of Marana,. 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 of Marana shall be subject to the approval of the ..Town
14
~ •
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.
05.04. SERVICE AREA. INCLUSION ENTITLEMENT AND LIMITATIONS
Inclusion in the water utility service area of the Town of Marana
shall entitle the property owner to make application .fore water
utility service, subject to the provisions of this code including
requirements that. applicant... pay .all costs for construction and
installation of awater system. The service area inclusion free
shall be in addition to other fees and charges required by the town
to obtain water service.
05.05. SEPARATE SERVICE AGREEMENT REQUIRED
Inclusion in the water utility .service area of the Town of Marana
by agreement does not constitute an actual water utility service
agreement. An: applicant for inclusion. into the water utility
service area of the Town of Marana 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 of
Marana 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 of wells, wellsite, rights-of-way and easements as a
condition of service to anew applicant on service area inclusion..
.05.06. 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 of the service area. inclusion
application..
05.07. SERVICE AREA INCLUSION DOES NOT CONSTITUTE l00 YEAR WATER
ADEQUACY
Payment of the, service area inclusion fee shall not be deemed as
a guaranty .that-.the Town of Marana 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. 45-576`.
15
TITLE 6
PROVISION OF WATER UTILITY SERVICE
06.01. CUSTOMER RESPONSIBILITY
06.01.01 Customer Responsibi ity
Each customer.` of the Town' of Marana water utility shall be
responsible for thefollowing:
(a) Each customer shall be responsible for maintaining alI
.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, Town of Marana, and any other jurisdiction
with regulatory powers oversuchconnections;
(b) Each customer shall_be responsible for safeguarding all
Town water utility property installed in or on the
customer's premises for the purpose of supplying water
to that customer;.
(c) Each customer shall exercise allreasonable 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;
(d) -Each customer shall be responsible for payment of any
equipment damage resulting from unauthorized breaking of
seals, tampering or bypassing the Town water utility
meter;
(e) Each customer shall be responsible for notifying the Town
of any failure. identified in Town's water utility
equipment;
(f) Water furnished by the Town shall be used only on the
customer's premises and shall not be resold to any .other.
person. puring critical. water conditions, as determined
by the Town. Council, the customer shall use water.`only
for those.. purposes specified by the Town Council:
Disregard for this provision shall be :sufficient cause
for refusal. or discontinuance of water. utility .service
by the Town;
jg) .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
16
• •
.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 .Water Utility Code;
(h) Each customer: shall be responsible fox paying all water
rates, charges and fees when due.
06.02. WHEN AND WHERE .BILLS ARE DUE ..AND PAYABLE
Water rates, charges and/or fees. are due and. payable. at the, Town
Hall of the Town of Marana'upon billing. Water rates and charges
are delinquent if not paid within twenty (20) days of the date the
charges are due and. payable.
06.03. TERMINATION OF SERVICE WITH NOTICE
06.03.01. Grounds for Termination With Notice
Water service to a customer may be terminated by the .Town. of
Marana, upon ten (10) days advance written notice, for any of the
following reasons:
(a) Customer violation. of any of the provisions :of this Water
Rate Code;.
(b) Failure of the customer to meet or maintain the Town
water utility's credit and deposit requirements;
(c) Failure of the .customer to provide the Town reasonable
access to its water utility equipment and property;
(d) Failure of a customer to pay a delinquent bill for
utility service..
06.03.02.. Termination for Non-payment of Delinquent Bill
If any bill for a water rate, charge and/or fee made to the
customer pursuant to this Water Utility Code is note paid within
the first twenty (20) days after it is due, the customer shall be
.given written notice .specifying that the. bil 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 of the bill
.within ten (10) 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 Title ?.
17
. •
06.04. RECONNECTION OF SERVICE
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 code. 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.
06.05. CHALLENGE OF ACCURACY OF WATER BILL.
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:
(a) The customer shall notify the Town, in writing, of his
challenge of the accuracy of his water. bill, and the
reasons therefore. In the event the customer has received
a notice of delinquency, such challenge shall be filed
within ten. (10) days of the date of the notice of
delinquency.
(b) .The customer may request that his meter be re-read, or
.his meter be tested, provided the customer pay .the meter
re-read charge, or the meter test charge in advance, in
the amount as provided for in Title 7. A request for
meter re-read or meter re-test., paid for by the customer,
shall constitute a challenge to the accuracy of the water
bill.
{c) 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 (20) days to pay the delinquent bill which
had been challenged and a rebill sent.
(d) 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 his water bill. The hearing
officer shall be empowered to make a decision as to the
validity of the customer's challenge and if hefinds 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 shall make' whatever
investigation is necessary before rendering a decision.
;1 8
• •
(e) The customer's water service shall not be terminated
until and unless the. hearing .officer completes .his
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.
(f) If the. hearing officer rules .that the bill rendered to
the customer is accurate, such finding. is final.
06.06. DEPOSIT REQUIREMENT AFTER TERMINATION
The Town may, at its sole. option, require as a conditian of
reestablishing water service in the event of termination due to
non-payment of a delinquent water :bill, payment of a water utility
deposit.
06.07. TERMINATION WITHOUT NOTICE
Water utility service to a customer may be"terminated by the Town
of Marana, without. advanced written notice, under the following
conditions•
(a) The existence of an obvious .hazard to the safety or
health of the customer or the general population;
(b) The Town has evidence of water meter .tampering or fraud;
(c) Unauthorized. resale of water or use of water utility
services.;
(d) Failure of a customer to comply with the curtaiinvent
procedures imposed by the .Town Council during supply
.shortages.
06.08. SERVICE OBLIGATION OF TOWN, INTERRUPTIONS
06.08.01. Level of Service
The Town of Marana shall make reasonable efforts to supply a
satisfactory and continuous level of service to 'its customers.
06.08.02. Non-liability
The Town of Marana shall not be responsible for any damage or claim
of damage attributable to any interruption or discontinuation o£
service resulting from:
(a) Any cause against which the Town could. not have
reasonably foreseen or made provision for, ..such as but
not limited to i.e. force majeure;
19
(b) Intentional service interruptions to .make .repairs or
perform routine maintenance;
(e) Any service interruption. caused by facilities purchased
by the Town from existing private water. companies;
(d) Curtailment.
06.08.03. Service Interruptions
The Town shall make reasonable efforts to reestablish service
withim 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 other customers. 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 (4) hours to perform necessary repairs or
maintenance, the Town shall. attempt to inform affected customers
at least twenty-four (24) 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.
06.08.04. Minimum Delivery Pressures
The Town of Marana shall maintain a minimum standard delivery
.pressure of 20 pounds per .square inch .gauge. (PSIG) at the
customer's meter or point of delivery.
06.08.05. 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.
of Marana, and any other jurisdiction with authority over the
construction standards for public water supplies.
06.09. METER READING, MEASUREMENT OF SERVICE
Each customer's meter shall be read monthly on as close to he 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:
(a) Temporary services' where water use can be readily
estimated:
20
•
z t
(b) .Public and private fire protection service;
(c) Water used for Town of Marana purposes.
06.10. CUSTOMER REQUESTED METER RE-READS
At the requestof a customer, the Towneshall re-read thecustomerrs
meter within ten (10} working days after such request by the
customer, .Any re-reads shall be .charged to the customer at the
rate provided for in Title 7, provided that the. original reading
was not in error.
06.11.: CUSTOMER REQUESTED METER TESTS
At the request of a customer, the. Town shall test the customer's
meter. Meter tests shall be conductedwithnten (10) working .days
after such request by the customer. Meter tests shall be charged
to the customer at the rate provided for in Title 7, provided. that
the. meter was not found to be in error by more than three (3~)
percent.
06.12. BILLING AND COLLECTION
06.12.01. Meter Reading
The Town .shall bill its customers monthly. .for water services
rendered.. Meter readings shall be scheduled for. periods of not less
than 25 days nor more than 35 days. If the Town is unable to read
the meter on the scheduled meter read date, the Town will estimate
the consumption for the billing period giving consideration to the
following factors where applicable.:
(a) The .customer's usage during the same month of the
previous year;
(b) The amount of usage .during the preceding month;
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.
06.12.02. .Estimated Bills
Estimated bills. will only be issued under the following conditions:.
(a) Conditions which prevent the Town from reading the meter;
or
(b) circumstances .that make it dangerous or impossible to
read the meter, i.e. locked gates, blocked meters.,
vicious or dangerous .animals, threatening conduct of-the
.customer, etc..
ai
:Each .bill based on estimated usage will indicate that it is an
estimated bill.
06.12.03. Combining 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.
06.12.04. .Minimum Bill .Information
Each bill for. water utility service will contain the following
minimum information:
(a) Date and meter reading at the start of a billing period;
(b) Previous month's meter reading;
(c) Bill usage;
(d) Town water utility telephone number;
(e) Customer's name;
(f) Service•.account number;
(g) Amount due and due date;
(h} Past due amount plus interest (where appropriate);
(i) Other charges and .taxes (where applicable).
06..12.05. Billing Date
The date a bill is rendered may be evidenced by any of the
following: the postmark .date, the mailing date, .certified. mail,.
certificate of mailing..
TITLE 7
WATER RATES. AND .CHARGES
07.01. MONTHLY WATER SERVICE CHARGES:.
Charges far water utility .service shall be made at monthly
intervals and shall., to the extent consistent with the express
policy to chargefor 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 of (A) a Monthly Water Service Fee plus (B)
a Monthly Water Use Charge, plus any applicable state or local
sales .taxes.
22
•
(A) MONTHLY WATER SERVICE FEE:
(includes _1,000 gallons of water)
.Meter Size. Minimum Charge.
5/8 x 3/4".meter. $ 8.OO per month
3/4 x 3/4" meter $ 8..00 per month
1" meter $ 25.00 .per month
1-1/2" meter $ 28.00 per .month
2" .meter $ 33.00 per, month
3" meter $ 45.00 per month
4" meter $ 75.00 per month
5" meter $120.00 per month
6" meter $175.00 per month
(B) MONTHLY WATER USE. CHARGE:
$1.65 per 1,000 gallons for each. 1,000 gallons above
minimum in Service Fee..
07.02. .CHARGES FOR INSTALLATION OF WATER SERVICE CONNECTIONS
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.
(a) .Charges for the installation of a metered water service
connection shall vary with the size of the .meter
installed according to the .following table:
Size of Meter C r e
3/4 x 5/8"........... ............ ... .$370.00
3/4 x 3/4"... ....... .... .......... .$370.D0
(b) The installation charge for a metered water service
.connection in excess of one (1) inch. in diameter shall
be the.Town's actual cost,. including labor, materials.,
and administrative costs, for installing such meter.
(c) In addition to any service line installation charge, all
applicable permit fees, .rights-of-way costs or unusual
construction costs shall be added and. paid for by the
applicant at_the time of his application.
(d) Installation charges assume availability of an existing
water main contiguous to the applicant's property. In
the event a main extension is required, applicant shall
pay .all costs for such main extension, which costs .shall
be non-refundable. -
+.. r
07.03. OTHER SERVICE CHARGES.
(a) New Service. Establishment. Fee............$ 15.00
The New Service Establishment Fee is for the costs of
.establishing the new customer service account during regular
working days. (Monday. through Friday) between the hours of 9 AM and
4 PM, holidays excepted.
(h) Establishment Fee After Hours............$ 35.00
(c) Reconnect Fee (.Delinquent Account)......,$ 15.00 plus
bring current
The Reconnect Fee shall be for the costs 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....$ 10.00
This fee shah 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.Testa...........$ 40.00
This fee shall 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~.
TITLE 8
WATER CONSERVATION
.(Reserved)
24
'•,
i - ..:
TITLE 9
VIOLATIONS, FINES AND PENALTIES
09.01. INSTALLATIONS, REPAIR BY INDIVIDUALS PROHIBITED
All water services to be installed..by the Town of Marana water
utility shall. only be installed by the Town. or its. authorized
employees or agents as provided for in this Water Utility Code.
It shall be unlawful for any person to install any such service or
any part of .such service, or to repair anyservice now existing. or
any part thereof,:from the water mains to and ineluding_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.
09.02. TURNING ON .WATER WITHOUT AUTHORITY
If any person shall, by false key or otherwise, after the. water
has been shut. off from any premises, cause such premises to be
supplied with water, such person, his aiders and abettors, shall
be guilty of a misdemeanor.
.09.03. ESCAPING WATER; VIOLATION DECLARED A CIVIL INFRACTION.
No person shall allow water to escape from his .premises upon public
property, such as alleys, roads. or streets, nor upon any other'
persons property.
09.04. INTERFERING WITH,'TAMPERING WITH WATER FACILITIES; REMOVING
WATER; VIOLATION DECLARED A CIVIL INFRACTION
No .person shall open or close any fire hydrant or stopcock
connected with the water system of the Town of Marana, or `lift or
remove the covers of any gate valves or shutoffs, or tap into. Town
water mains or otherwise remove water from the Town water utility
system without a permit from the Director of the Town Water
Utility, or in violation of conditions of a permit, except. in case
of ;fire, and then under the direction of the officers of the fire
department.
09.05. DAMAGING, DEFACING WATER FACILITIES
If a person shall destroy, deface, impair, injure or wantonly force
open any gate or .door, 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, such person shall be guilty of a misdemeanor.
25
Y ~•
~~
09.06. PENALTIES.
Any person, firm, partnership, or corporation violating any of the
provisions of Title 9 of the Marano Water Utility Code .shall be
guilty of a class one misdemeanor. Each. day that a violation is
permitted to .exist shall constitute a separate offense. The
imposition of any sentence: or fine. shall not exempt the offender
from compliance with the provisions of this. Code.
TITLE 10
.AMENDMENTS AND PUBLIC HEARING
.10.01. AMENDMENT PROCEDURE.
.This... Water Utility Code may be amended, but all of the proposed
amendments hereto shall be submitted first to the Water Utility
Advisory Committee for its recommendations, which recommendations
shall be submitted to the Town Council within thirty (30) days
after any proposed amendment has been considered by the Water
Utility Advisory Committee in a public meeting.
10.02."PUBLIC HEARING REQUIREMENT
Before any proposed amendment to this Water Utility Code may be
considered by the Town Council, the Town. Council shall hold s
public .hearing on the proposed amendment. Notice of the time and
place of the hearing shall be given at least fifteen (15) 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 said customers at least fifteen
(15) days prior to the hearing.
TITLE 11
" CONFLICT OF INTEREST
.All public officers or employees entrusted with. the administration
or enforcement of this code. are subject to the Arizona State
Conflict of Interest Statutes, A.R.S. 38-501, g~,~eq. or as such
statutes may be amended from time to time.
TITLE 12
SEVERABILITY
This Water Utility Code and the various .parts, sections, and
clauses, are. hereby declared to be severable. If any part,.
section, paragraph, sentence, clause, or phrase is adjudged to be
26
..
'4
t' „ ~',.
unconstitutional or invalid, it is hereby. declared that the
remainder of this Code shall not be affected thereby. The .Town
Council hereby declares that it would have passed .this Code and
each part, section, paragraph, sentence, clause, and phrase
thereof, irrespective .of the fact that any .one or more portions
thereof may be declared invalid.
27