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Town of Calera
Oklahoma · Est. 1872
Chapter

CHAPTER 52 — Water Service

General Provisions

§ 52.01 Applying For Water Mains Connections

   Any person desiring to make a connection to a water main of the town is required to file a written application with the Town Clerk-Treasurer to make the connection.
(Prior Code, § 17-201) Penalty, see § 52.99

§ 52.02 Connections Must Comply With Ordinance And Law

   Any person, firm or corporation that connects to the water mains of the town in violation of this chapter, other ordinances of the town or the laws of the state will be denied further water service until such ordinances and laws are complied with.
(Prior Code, § 17-202) Penalty, see § 52.99

§ 52.03 Water Meter Deposit Required

   (A)   Any person who desires to use water shall put up with the Town Clerk-Treasurer as a meter deposit the amount which is established.
   (B)   The Board of Trustees may establish classifications of customers, such as residences, mobile homes and various types of businesses, for different deposit requirements.
(Prior Code, § 17-203)

§ 52.04 Contracting For Water Service

   The application for water service shall contain a contract on the part of the person making the application:
   (A)   To pay for the water consumed at the rate prescribed by ordinance at the time the water is consumed;
   (B)   To recognize the right of the town to change the rate by ordinance at any time;
   (C)   To recognize the right of the town to temporarily discontinue water service at any time without notice to the consumer in order to install, repair or remove a water meter or for any other proper cause;
   (D)   Stating that the contract is subject to all of the ordinances in effect at the time of making the contract and to those which may be passed and go into effect thereafter;
   (E)   Stating that the town shall not be responsible for any damage by water or other cause resulting from defective plumbing or appliances, and that the fact that an agent of the town has inspected plumbing or appliances shall not be pleaded as a basis for recovery in cases of damage to a premises from defective plumbing or appliances installed by the owner or occupant of such premises;
   (F)   Providing that the town shall not be liable for damages resulting from the interruption or failure of the supply of water regardless of the cause thereof, and that such failure for any reasonable period of time shall not be held to constitute a breach of contract on the part of the town nor relieve the consumer from performing the obligations of his or her contract; and
   (G)   Providing that the water deposit, or so much thereof as may be necessary, may be retained by the town and applied by the town on any unpaid water bill of the consumer, and providing further that unless the water deposit is claimed by the consumer after the consumer ceases to use the water or after the water is turned off, the consumer forfeits all rights, title or interest in the deposit, in accordance with state law.
(Prior Code, § 17-204)

§ 52.05 Estimating Bills With Meter Issues

   (A)   In all cases where meters or meter boxes are lost, injured or broken by willful action or by the carelessness or negligence of owners or occupants of the premises, they shall be replaced or repaired at the expense of the owner or occupant. In cases of nonpayment, the water shall be cut off and will not be turned on until such charges are paid.
   (B)   In the event of a meter getting out of order or failing to register properly, the consumer shall be charged on an estimate made by the Water Superintendent of the average monthly consumption during the last three months when the meter was in good condition or from what he or she may consider to be the most reliable data at his or her command.
(Prior Code, § 17-205)
Water Shortage Provisions

§ 52.20 Declaring An Emergency

   (A)   Whenever an emergency exists by reason of a shortage of water due to inadequate supply, limited treatment or distribution capacity or a failure of equipment or material, the Mayor is hereby authorized to restrict or prohibit the use of water from the town’s water system.
   (B)   An emergency exists whenever the Mayor reasonably determines that the town’s water system is unable, or will within 60 days become unable, to supply the full commercial and domestic needs of the users thereof, including adequate fire protection.
(Prior Code, § 17-206) Penalty, see § 52.99

§ 52.21 Water Usage Restrictions; Duration

   (A)   Upon the determination that such an emergency exists, the Mayor shall issue a proclamation declaring the emergency and setting out with particularity an order restricting the use of water from the town’s system. The order may be revised from time to time as the Mayor deems necessary.
   (B)   The order may:
      (1)   Restrict water usage during certain periods of the day or week or according to any orderly and nondiscriminatory scheme; and
      (2)   Prohibit usages not essential to the public health and safety.
   (C)   A duly-proclaimed emergency shall continue and the terms of the proclamation shall be in force for 30 days, or until such time as the Mayor shall cause to be published a proclamation that the emergency has ended, whichever is shorter, unless the Board votes to terminate the emergency and proclamation upon a different date by a resolution approved by a majority of all of its members.
(Prior Code, § 17-207) Penalty, see § 52.99

§ 52.22 Proclaiming An Emergency; Publication

   (A)   The proclamation required by § 52.21 of this chapter shall be published in a newspaper of general circulation in the town, or if there is no such newspaper in which the proclamation may be published, then within 24 hours after the emergency arises, publication shall be by posting a copy of the proclamation in ten prominent places in the town. The emergency shall be in full force and effect upon publication. Substantial compliance with this section is sufficient to effect the emergency.
   (B)   Whenever a sudden or unexpected event reduces the availability of water or water pressure so as to create an immediate threat to the public health or safety, the notice of the proclamation may be given by any reasonable means, including by electronic means. The emergency shall be in full force and effect upon such notice. However, if any means other than that required in division (A) above is used, then the proclamation shall be republished in accordance with division (A) above within 24 hours of the first notice.
(Prior Code, § 17-208)

§ 52.23 Grievances With Water Restrictions

   (A)   Any person feeling aggrieved by a proclamation of the Mayor shall have the right to present the matter to the next regular or special meeting of the Town Board of Trustees or to any emergency session called to discuss the water emergency. The Board of Trustees may exempt such aggrieved person, either wholly or in part, from compliance with the proclamation order upon a showing that compliance creates an immediate threat to the person’s health or safety.
   (B)   The ruling of the Board of Trustees by a majority vote of all of its members shall be final and binding as to the continuance of any terms of the proclamation. Until and unless the action of the Mayor is modified or revoked by an action of the Board of Trustees, all water users shall be bound by the proclamation.
(Prior Code, § 17-209)

§ 52.99 Penalty

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99(A) of this code of ordinances.
   (B)   Any person who in any manner directly or indirectly violates, or who permits others under his or her supervision, custody or control to violate, any term of a duly-published proclamation as per §§ 52.20 through 52.23 of this chapter shall be guilty of a misdemeanor. Any violation of the provisions of the Mayor’s proclamation or an action of the Board shall be punishable as provided in § 10.99(A) of this code.
(Prior Code, § 17-210)