AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, AMENDING THE CODE OF GILBERT, ARIZONA, CHAPTER 66 UTILITIES OPERATIONS, ARTICLE III, POTABLE WATER SERVICE BY AMENDING SECTION 66-101 TURN-ONS; UNAUTHORIZED CONNECTIONS: RESALE RELATED TO THE ESTABLISHMENT OF REQUIREMENTS FOR CONNECTION TO TOWN FIRE HYDRANTS FOR CONSTRUCTION WATER USES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. 

BE IT ORDAINED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA AS FOLLOWS: 

Section I. In General

The Code of the Town of Gilbert, Arizona, Chapter 66 Utilities Operations, Article III Potable Water Service, is hereby amended by amending Section 66-101 Turn-Ons: Unauthorized Connections~ Resale to read as follows: 

Sec. 66-101 Turn-Ons; Unauthorized Connections; Resale; Construction Water 
( a) No water from the town water supply shall be turned on for service into any premises by any person except the duly authorized official or employee of the public works department. 
(b) No person shall connect any pipe, tube, hose or other instrument with any main, service pipe, conduit or flume for conducting water belonging to the town, for any purpose without a permit or other express written authorization from the proper authorities of the town. 
(c) EXCEPT FOR CONSTRUCTION WATER, before any water is turned on, the consumer shall comply with section 66-5. CONNECTION TO FIRE HYDRANTS FOR CONSTRUCTION WATER SHALL BE GOVERNED BY THE PROVISIONS OF SUBPARAGRAPH (f) OF THIS SECTION. 
(d) No water shall be turned on for service to premises in which the plumbing does not comply with the provisions of this chapter or ordinances of the town; provided, however, that water may be turned on for construction work in unfinished buildings, subject to the provisions of this chapter. All plumbing fixtures and methods of installation shall comply with the requirements of the plumbing code, as adopted by the town. Ordinance No. 1437 Page 2 of 4 
(e) No water shall be resold or distributed by the recipient thereof from the town supply to any premises other than for which application has been made and the meter installed, except in case of emergency. 
(f) NO PERSON SHALL CONNECT ANY PIPE, TUBE, HOSE OR OTHER INSTRUMENT WITH ANY FIRE HYDRANT OF THE TOWN FOR CONSTRUCTION WATER PURPOSES EXCEPT IN COMPLIANCE WITH THIS SUBSECTION. 

(1) THE FOLLOWTNG DEFINITIONS SHALL APPLY TO THIS SUBSECTION: "CONSTRUCTION WATER" SHALL MEAN WATER USED BY A PERSON OTHER THAN THE TOWN DURING GRADING, LAND PREPARATION OR CONSTRUCTION ON ANY PARCEL OR LOT IN THE TOWN. "FIRE HYDRANT" SHALL MEAN ANY FIRE HYDRANT OWNED BY THE TOWN. 

(2) NO CONSTRUCTION WATER FROM FIRE HYDRANTS SHALL BE USED ON PARCELS OR LOTS OF TEN ACRES OR MORE IN SIZE, PROVIDED HOWEVER, THE DIRECTOR OF PUBLIC WORKS IS AUTHORIZED TO ISSUE A PERMIT FOR CONSTRUCTION WATER TO BE USED ON PARCELS OR LOTS TEN ACRES OR MORE TN SIZE IF HE DETERMINES ANY OF THE FOLLOWING CONDITIONS EXIST: 

(i) IF CONSTRUCTION WATER FROM FIRE HYDRANTS IS NOT MADE AVAILABLE, AN UNSAFE WORK ENVIRONMENT WILL EXIST, (ii) AN ALTERNATIVE NON-POTABLE WATER SUPPLY IS NOT AVAILABLE, OR (iii) IT IS ECONOMICALLY INFEASIBLE TO OBTMN AN ALTERNATIVE NON-POTABLE WATER SUPPLY. IN ALL CASES, THE PERMITTEE HAS THE BURDEN TO ESTABLISH THAT THE CONDITIONS EXIST TO JUSTIFY USE OF CONSTRUCTION WATER FROM FIRE HYDRANTS. 

(3) FOR PARCELS OR LOTS LESS THAN TEN ACRES IN SIZE, CONSTRUCTION WATER FROM FIRE HYDRANTS MAY BE USED ONLY WITH A PERMIT ISSUED BY THE TOWN. 
(4) THE COUNCIL SHALL ESTABLISH CONSTRUCTION WATER RATES BY RESOLUTION. 
(5) PERMITS TO USE CONSTRUCTION WATER FROM FIRE HYDRANTS MAY BE ISSUED BY THE TOWN UPON WRITTEN APPLICATION MADE TO THE METER BRANCH OF THE WATER SECTION OF PUBLIC WORKS FIELD OPERATIONS. THE PERMIT SHALL IDENTIFY THE FIRE HYDRANT FROM WHICH THE PERMITTEE MAY WITHDRAW CONSTRUCTION WATER. CONSTRUCTION WATER USED SHALL BE AS DETERMTNED BY A METER INSTALLED BY TOWN ON THE FIRE HYDRANT. ALL SUCH PERMITS SHALL BE CONDITIONED ON THE FOLLOWING: 

a. THE PERMITTEE SHALL DEPOSIT WITH THE TOWN AN AMOUNT DETERMINED BY THE WATER SECTION OF THE PUBLICS WORKS DEPARTMENT DIVISION OF FIELD OPERATIONS TO COVER THE ESTIMATED REPLACEMENT COST OF THE METER AND RELATED HARDWARE. IF TOWN SUBSEQUENTLY DETERMINES THE DEPOSIT IS NOT SUFFICIENT TO COVER THESE COSTS, PERMITTEE SHALL DEPOSIT SUCH ADDITIONAL AMOUNT AS TOWN ESTABLISHES FOR SUCH PURPOSES. FAILURE TO PAY SUCH ADDITIONAL AMOUNT SHALL RESULT IN REVOCATION OF THE PERMIT. 

b. THE PERMITTEE SHALL PAY THE COST OF CONSTRUCTION WATER WITHIN FORTY-FIVE (45) DAYS OF THE DATE OF AN INVOICE FROM TOWN. FAILURE TO PAY AMOUNTS DUE WITHIN FORTY-FIVE DAYS SHALL RESULT IN REVOCATION OF THE PERMIT. UPON REVOCATION OR EXPIRATION OF THE PERMIT, TOWN SHALL REFUND TO PERMITTEE ONLY THAT PORTION OF THE DEPOSIT NOT REQUIRED TO PAY ALL AMOUNTS OWED TO TOWN FOR CONSTRUCTION WATER, METERS AND RELATED HARDWARE. IF AN AMOUNT IS OWED IN EXCESS OF THE DEPOSIT, PERMITTEE SHALL PAY ALL ADDITIONAL AMOUNTS OWED TO TOWN. 

c. THE METER SHALL BE INSTALLED, REMOVED OR RE- LOCATED BY TOWN OF GILBERT PERSONNEL ONLY. 

d. THE PERMITTEE SHALL PAY ALL COSTS RELATED TO DAMAGE TO OR THEFT OF THE METER AND RELATED HARDWARE.

Section II. Providing for Repeal of Conflicting Ordinances. 

All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference are hereby repealed. 

Section III. Providing for Severability. 

If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Code adopted herein by reference, 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. 

Section IV. Providing for Penalties. 

Any person found guilty of violating any provision of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed Two Thousand Five Hundred Dollars ($2,500) or by imprisonment for a period not to exceed six (6) months, or both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein described.