A. 
Forms. All applications for the use of water must be made in writing on forms provided by the Town Clerk designated "Application for Water Service," or "Application for Fire Protection Service." On acceptance by the Town of Clay acting for and in behalf of the water district, the application shall constitute a contract between the water district and the applicant obligating the applicant to pay the water district the established rates and to comply with rules and regulations herein.
B. 
Availability of service. Applications shall be accepted subject to there being an existing main in a street or right-of-way abutting on the premises to be served but acceptance shall in no way obligate the water district to extend its mains to serve the premises.
C. 
Separate application. A separate application shall be made for each premises as herein defined. Submetering will not be permitted.
D. 
Temporary water service. Application of contractors, builders and others for temporary water service shall be accepted and temporary water service shall be supplied, provided that it does not interfere with use of water for general purposes. The quantity of water taken for such purposes shall be determined either by meter or by estimate and paid for in accordance with the rate schedule applicable to metered general purposes. Customers requiring temporary water service shall reimburse the water district for all its expenses in connection with providing the necessary temporary service connections and a deposit specified by the water district will be required. Applications for temporary water service shall be made on the forms furnished by the Town Clerk.
E. 
Prepayment of charges. No agreement shall be entered into by the water district with any applicant for service until all charges due from the applicant for water or services at any premises now or heretofore owned or occupied by him which are in arrears shall have been paid.
A. 
When application for water service is made by a real estate developer, a prospective owner or a prospective occupant of any undeveloped property, such real estate developer, prospective owner or prospective occupant shall make a service agreement to guarantee payment to the water district of the minimum charge, whether or not service is rendered for a period of 11/2 years from the date that water service is made available for use at the premises. As a guarantee of such payment, the water district shall require the developer, prospective owner or prospective occupant to make a deposit as determined by the Town Board.
B. 
Deposits shall be refunded without interest for any unearned portion as soon as a bona fide owner or occupant occupies the premises and signs a contract for water service.
C. 
Such service agreement shall be made on forms furnished by the Town Clerk.
A. 
Service connection for water service. Upon approval of the written application for water service, as hereinbefore prescribed, by an owner or occupant of any property abutting on any public or private street, and upon payment of the applicable charge for the size of service to be installed, as provided for in § 223-10, the water district shall, at its expense, install, operate, maintain and, when necessary, replace at its own cost and expense, the service pipe and connection between the main and the curb box shut-off on both public and private streets. Easements acceptable to the water district shall be furnished at applicant's expense where necessary for all water service installations. All service lines installed by the water district shall remain the property of the water district.
B. 
Service connection for private fire protection service.
(1) 
Upon approval of the written application for fire protection service by an owner or occupant of any property abutting on any public or private street, as hereinbefore defined and upon payment of the applicable charge for the size service to be installed, as provided for in § 223-10, the water district shall, at its expense, install, operate, maintain, and, when necessary, replace at its own cost and expense, the service pipe and connection between the main and the curb shut-off on both public and private streets.
(2) 
If a hydrant is installed on a private fire protection service line, such hydrant shall be located on the owner's or occupant's property and installed by him at his expense. However, the water district reserves the right to approve the type of hydrant and the manner of installation before service is provided.
C. 
Maintenance and replacements.
(1) 
The water district, at its expense, shall maintain and, when necessary, replace any service pipe and service connections from the main to the curb shut-off on all public and private streets.
(2) 
Service pipe and service connections shall not be trespassed upon nor interfered with in any respect. The curb stop shall not be used by the customer for turning on or shutting off the water supply but is for the exclusive use of the water district.
D. 
Service on applicant's property.
(1) 
At his own expense, the applicant shall install the service pipe from the curb box shut-off serving the customer's premises and a valve to be located preferably just inside the building wall.
(2) 
No such customer's service pipe shall be installed nor shall work be commenced thereon until the application for water service shall have been made, processed and accepted pursuant to the provisions of § 223-4 or 223-5 and until all fees and deposits shall have been paid.
(3) 
The customer shall maintain the said service pipe and shall replace it when necessary all at his own expense.
(4) 
For such installation, maintenance and replacement, the customer shall employ a competent plumber and all work shall be performed in accordance with this Part 1. The minimum size, materials, depth of cover and method of construction shall be in accordance with the provisions of Subsection E of this section.
(5) 
No trench or the customer's service pipe therein shall be backfilled or covered until such trench, the service pipe and the curb box connection thereto shall have been inspected and approved by the Water Superintendent.
(6) 
If any defects in workmanship or materials are found, or if the customer's service pipe has not been installed in accordance with this Part 1, or with the water district's requirements, the water service shall not be turned on or, if turned on, shall be turned off and discontinued until such defects are remedied.
(7) 
No curb box shut-off shall be turned on except by the Water Superintendent.
(8) 
After approval by the Water Superintendent of the installation of the customer's service pipe, the curb box shut-off shall remain turned off until the individual water meter has been installed by the water district as provided for in § 223-7 of this Part 1.
(9) 
No water shall be drawn, used or consumed from the customer's service pipe until the individual water meter has been installed, except that such prohibition shall not apply to the Water Superintendent when performing inspections herein required.
E. 
Service pipe specifications. All service pipes shall have a minimum cover of 41/2 feet. No service pipes shall be less in size than three-fourths-inch inside diameter. U.S. Government Specification Type K soft tempered copper tubing shall be used on three-fourths-inch and one-inch services. Byers galvanized pipe or Type K copper tubing shall be used on one-and-one-half-inch and two-inch services. All services larger than two inches in diameter shall be cast iron pipe of quality equal to American Water Works Association Standard specifications, and of weight suitable for service under a pressure of 150 pounds per square inch. All connections of service pipes to a main with a ground cover of less than five feet shall be made on the side of the main so that such service pipes shall in no case have less covering than the main. The water district reserves the right in all cases to stipulate the size and type of service connection to be used.
F. 
Winter provisions. The water district shall not be required to install any service line or service connections between November 15 and April 15, except by special arrangement, in which case the customer shall pay for the excess over normal costs.
G. 
Easements.
(1) 
Applicants for service shall deliver without cost to the water district permanent easements or rights-of-way when necessary for the installation and maintenance of the service lines and service connections.
(2) 
The water district shall not be obligated to commence any construction until applicants either have obtained for it satisfactory easements or rights-of-way or have agreed to pay such costs as may be incurred if at their request the water district obtains such easements or rights-of-way, whenever these are required, from parties who are not applicants for service.
H. 
Delay. The water district shall not be compelled to proceed with the installation of service lines and service connections, when circumstances beyond the control of the water district prohibit such construction. Such circumstances include but shall not be limited to delays in delivery of materials, weather conditions, strikes, acts of God, and similar conditions.
Meters shall be installed pursuant to the following regulations:
A. 
Individual meters required. An individual meter shall be required for each premises and for each separate water service connection to a premises.
B. 
Water district to furnish. The meter shall be furnished and connected by the water district. The water district reserves the right in all cases to stipulate the size, type and make of the meter to be used on any connection.
C. 
Location; expenses.
(1) 
Whenever possible, a meter two inches in size and under shall be set in the basement. The meter shall be located at a convenient point approved by the water district so as to protect the meter and to measure the entire supply of water through the connection. When a meter cannot be set in the basement, it shall be set at or near the property line or in a place designated by the water district, and all expenses incurred by the water district in connection with its proper housing shall be reimbursed to the water district.
(2) 
Meters larger than two inches shall be set at or near the property line or in a place designated by the water district, and all expenses incurred by the water district in connection with its proper housing, including bypass for testing, if required, shall be reimbursed to the water district. All meters 11/2 inches or larger shall have a bypass for testing.
(3) 
In all cases, irrespective of meter size, where the distance from the property line to the front wall of the building is greater than 75 feet, the water district may require that the meter be set at or near the property line.
(4) 
When, due to special circumstances, it is necessary to set any meter within the territorial limits of the public street, all expenses incurred by the water district in connection with its proper housing shall be reimbursed to the water district. The meter shall be furnished and connected by the water district without cost to the customer. Meter housings located in public streets shall be maintained and, when necessary, replaced at the expense of the water district.
D. 
Ownership. All meters and meter connections shall at all times remain the sole property of the water district, and shall not be interfered with in any respect. All meters shall be maintained by and at the expense of the water district so far as ordinary wear and tear are concerned, but the customer shall be held responsible for damages due to freezing, hot water or other external causes. In case of damage, the water district shall repair the meter, or if necessary shall replace it with another meter. The costs for damage which is the customer's responsibility shall be paid by the customer. The water district recommends the customer install, at his expense, suitable equipment properly located to prevent backflow of hot water which may cause damage to the meter, or other damage to the customer's plumbing.[1]
[1]
Editor's Note: Former Subsection E, regarding testing and fees, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Meters larger than two inches. Meters larger than two inches in size shall be placed in specially designed settings at or near the property line and shall be tested in place at frequent intervals. If the diameter of a meter shall be two inches or more, no reduction in the size of the meter shall be permitted for a period of two years. In addition, any customer having a meter larger than two inches who changes to a smaller meter and then back to a larger meter within a period of one year shall be billed for the entire period at the rate applicable to the larger meter.