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9-18 in use. NONREGISTERING METERS: If a meter is found to be nonregistering, the charges for service shall be at the minimum rate or based on the estimated consumption, whichever is greater. Such estimates shall be made from previous consumption for a comparable period or by such other method as is determined by the Utility. DAMAGE TO METERS: The customer shall be liable for any damage to the meter due to the customers negligence or carelessness. 9.03.29: DEPOSITS: ESTABLISHMENT – MAINTENANCE: Each applicant for service shall establish and maintain credit to the satisfaction of the Utility by a guaranteed deposit before service will be rendered. GUARANTEE DEPOSIT: The deposit required for water service pursuant to the existing rate schedule will be paid for with cash or check. If a deposit is paid with a check and subsequently the check does not clear the bank, service will be immediately terminated and, a charge of $50 shall be paid by the customer along with a mandatory cash deposit before service will be restored. DEPOSIT REESTABLISHMENT: Any amount due for water service that remains unpaid for 45 days after presentation of a bill may be deducted from the guarantee deposit, and service shall be subject to discontinuance until the deposit is restored. Any customer who receives two 45 day delinquency notices in a one year period shall be required to pay a new guarantee deposit, or update the deposit to the current rate. RETURN OF GUARANTEE DEPOSIT - PROPERTY OWNER: A guarantee deposit on an account which has not been in arrears at any time during a 12 month period is returnable after the expiration of said period, without interest. If the service is discontinued in less than a year, the deposit will be returned after all outstanding bills for water service have been paid. Any deposit uncalled for within five years from the date when made will become the property of and be retained by the Utility. RETURN OF GUARANTEE DEPOSIT – RENTER: Deposits made by a renter shall be refunded only on termination of service. 9.03.30: BILLING: BILLING PERIOD: The regular billing period will be METER READING: Meters will be read as nearly as possible on the same day of each month. ---PAGE BREAK--- 9-19 PARTIAL BILLING PERIOD: Service for less than the normal billing period shall be billed for actual metered usage of water. PAYMENT: Water charges are due and payable at the office of the Utility on or before the 20th day of the month and are delinquent if not paid before the next month's bill is issued. RENTALS: Property owners shall be responsible for water bills for rental properties if the renter fails to pay the bills. Water service is subject to discontinuance to customers who are twenty (20) days in arrears. LENGTH OF SERVICE: Water service begins at the date of application for service, or at a later date approved by the Utility. The water charge begins when a service connection is installed and the meter is set, unless the water is ordered to be left shut off when the service connection is installed. To discontinue service, the customer must notify the Utility at least twenty four hours prior to vacating the premises. The customer shall continue to be liable for the charges whether or not the water is used, unless discontinuance of service is ordered or a new customer takes over the service. WATER USED WITHOUT REGULATION APPLICATION: A customer taking possession of premises and using water from an active service connection without having made application to the Utility for water service shall be held liable for the water delivered from the date of the last recorded meter reading, and if the meter is found inoperative, the quantity consumed will be estimated. ADMINISTRATIVE CHARGES: The Utility may establish, with the Council's approval, reasonable charges for late fees, bank charges for returned checks, service reestablishment charges, and other administrative charges. PENALTY ON UNPAID BALANCE: Rates and charges which are not paid on or before the next regular water service billing date may be subject to a late penalty in accordance with the Rate Schedule. 9.03.31: DISCONTINUANCE OF SERVICE: LIABILITY: Failure to receive a billing statement does not relieve customer of liability. Any amount due shall be deemed a debt to the Utility, and any person, firm or corporation failing, neglecting or refusing to pay said indebtedness shall be liable to an action by the Utility in any court of competent jurisdiction for the amount thereof. RECONNECTION CHARGE: A reconnection charge plus penalties will be made and collected prior to renewing service following a discontinuance as reflected in the rate schedules. ---PAGE BREAK--- 9-20 UNSAFE APPARATUS: If any unsafe or hazardous condition is found to exist on the customer’s premises, or if the use of water thereon by apparatus, appliances, equipment or otherwise is found to be detrimental or damaging to the Utility or its customers, the service may be shut off without notice. The Utility will notify the customer immediately of the reasons for the discontinuance and the corrective action to be taken by the customer before service can be restored. CROSS-CONNECTION: Water service may be refused or discontinued to any premises where there exists a cross-connection in violation of any law or ordinance. IMPROPER\ILLEGAL SERVICE: If the Utility discovers that a Customer improperly or illegally connected to or altered water service, service to that Customer may be discontinued without notice. Service will not be restored until the Customer has complied with all rules and requirements of the Utility and the Utility has been reimbursed for the full amount of the service rendered and the actual cost to the Utility incurred by reason of the improper or illegal use, including court costs and legal fees. NONCOMPLIANCE WITH REGULATIONS: Service may be discontinued for noncompliance with any regulation relating to the water service. 9.03.32 PUBLIC FIRE PROTECTION: FIRE PROTECTION: Public fire protection service will be installed at the expense of the applicant by the Utility or other responsible party acceptable to the Utility. Fire hydrants and public fire protection facilities will be installed meeting the requirements of the Utility and other applicable agencies’ guidelines. Public fire hydrants and facilities will be maintained by Fernley Utilities. FIRE HYDRANT LOCATION AND SPECIFICATIONS: Fire hydrants shall be located as specified by the Utility and also must meet local fire district specifications. The Utility has the right to exceed local fire protection specifications. Fire hydrant laterals must be a minimum of USE OF FIRE HYDRANTS: Fire hydrants are for use by the Utility and organized fire protection agencies. Other parties desiring to use fire hydrants for any purpose must first obtain written permission from the Utility prior to use and shall operate the hydrant in accordance with instruction issued by the Utility and use a hydrant meter to record water usage for payment in accordance with the Rate Schedule. Unauthorized use of hydrants will be prosecuted according to law. ---PAGE BREAK--- 9-21 CHARGES: A charge may be imposed for hydrant maintenance and water used. MOVING FIRE HYDRANTS: A change in the size, type or location of a hydrant must be approved by the Utility and the costs of such changes shall be borne by the applicant. OBSTRUCTION OF FIRE HYDRANTS: Obstructions of any kind are prohibited within three feet of a fire hydrant. USE OF WATER: Unless approved by the Utility, there shall be no water used through the fire protection service except to extinguish fires and for testing the fire fighting equipment. NO CONNECTION TO OTHER SYSTEM: There shall be no connections between a fire protection system and any other water distribution system. 9.03.33: PRIVATE FIRE PROTECTION: CONNECTION TO ANY OTHER SYSTEM: There shall be no connections between a fire protection system and any other water distribution system. USE: The following rules shall apply to fire service connections: VALVE: When a fire service connection is installed, the valve will be closed and sealed and remain so until a written order is received from the customer to have the water turned on. CHECK VALVE: The Utility requires all fire service connections to be installed with a double check valve of a type approved by the National Council of Fire Underwriters. There shall be no water used through the fire protection service except to extinguish fires and for testing fire fighting equipment. 9.03.34: RATES: The rates for private fire protection shall be contained in the Rate Schedule. 9.03.35: WATER FOR FIRE STORAGE TANKS: Water may be obtained for a private fire service for filling an Utility approved tank connected with the fire service, but only if written permission is secured from the Utility. 9.03.36: VIOLATION OF AGREEMENT: If water is used from a private fire service in violation of the agreement or of these regulations, the Utility may, at its option, discontinue and remove the service. 9.03.37: WATER PRESSURE AND SUPPLY: The Utility assumes no responsibility for loss or damage due to lack of water or pressure, either high or low, and merely agrees to furnish such quantities and pressures as are available ---PAGE BREAK--- 9-22 in its general distribution system. The service is subject to shutdowns and varia- tions required by the operation of the system. 9.03.38: TEMPORARY SERVICE: SERVICE: The Utility may provide temporary service to a property for a specified period of time pursuant to a written agreement. DEPOSIT: The applicant shall deposit in advance the estimated cost of installing and removing the facilities required to furnish said service exclusive of the cost of salvageable material. Upon discontinuance of service the actual cost shall be determined and an adjustment made as an additional charge, refund or credit. 9.03.39: REIMBURSEMENTS FOR MAIN EXTENSIONS AND NEW FACILITIES: AGREEMENTS: The City and developers, customers and/or other parties may enter into agreements for the reimbursement or repayment of the costs of construction of main extensions or other improvements to the Utility system, subject to the requirements of this chapter: To the City, if the City provides the construction of the project, from the customers along the new line. To the developer or other party who provides the construction of the project, from the Utility upon receipt of funds from customers along the new line for reimbursement of the project costs. Such reimbursements shall not become general obligations of City. REIMBURSABLE COSTS: The reimbursable costs may include the actual costs of construction of the main extension and\or other new facilities, including oversizing; related design, planning, engineering, inspection and testing fees and costs; and the Utility's administration and overhead costs incurred. REIMBURSEMENT AMOUNTS: The amount to be reimbursed by each new customer who utilizes the main extension or other new facilities will be determined by dividing the square footage of the customer's lot or parcel by the total square footage of all the lots or parcels included in the project, then multiplying the total cost of the project by that same fraction or percentage. For purposes of determining the total square footage of the lots and parcels included in the project: The area of use will be defined to include lots/parcels that could use the main as their primary water source, and will not include excess acreage of a large parcel that has some small frontage. The area of use will be mapped for reference. If a lot or parcel within the area of use is sub-parceled or subdivided, the reimbursement amount will be divided pro rata between or among the new parcels or lots so created, again determined by the square footage. ---PAGE BREAK--- 9-23 TIME OF PAYMENT: The reimbursement amount shall be due and payable at the time of connection of the property to the main extension or other new line or facility, or at such other times as may be approved by the City by written agreement. The reimbursement amount must be paid or the written agreement executed before water service is provided to the property. EASEMENTS AND RIGHTS-OF-WAY: The provider of the new line or facility must obtain legal easements for the Utility for the new line or any portion thereof which would not be located in an existing utility easement or right-of- way. OVERSIZING: In the event the main extension or new line is required to be larger in diameter than the developer would need because of the number of additional customers to be served, the costs of material for oversizing of the main extension or construction of extra facilities shall be included in the reimbursable costs. The oversizing costs shall consist of the difference between the price of the larger pipe or other materials and the price of the pipe that would be sufficient if the line were only to service that property alone. TIME LIMIT FOR REIMBURSEMENT: All reimbursement agreements shall be limited to ten (10) years, or such shorter period as may be required by the City. CONSTRUCTION OF PROJECT: The City shall decide whether to construct the project or to allow the developer or other party to build the project. No construction may begin before execution of the written reimbursement agreement. BIDDING REQUIREMENTS: If the City provides the construction, the bidding laws and requirements applicable to the City shall be used. A developer doing infrastructure improvements under the reimbursement agreement process must obtain a minimum of two acceptable bids, to the City, and shall utilize the lowest bid. AGREEMENT BINDING ON SUCCESSORS: Reimbursement agreements shall be binding on the heirs and successors in interest of the parties to the reimbursement agreement. MODIFICATIONS OF AGREEMENT: Reimbursement agreements may be altered, modified or amended only in writing by the parties.