OFFICIAL PROCEEDINGS

CITY OF MORGAN CITY

February 27, 2007

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            The Mayor and City Council of Morgan City, Louisiana, met at 6:00 pm in regular session, this date, in the Court Room, City Court Building, Highway 182, Morgan City, Louisiana.

 

            There were present:  Honorable Timothy Matte, Mayor; and Council Members Larry P. Bergeron, Ron Bias, Jarrod Longman, Luke P. Manfre, and Louis J. Tamporello, Jr.

 

            Absent:  None

 

            Also present were Mrs. Lorrie C. Braus, Chief Administrative Officer and Mr. Gregory Aucoin, City Attorney.

 

            The invocation was given by Reverend Elliot, Patterson First Baptist Church.

 

            The minutes of the meeting of January 23, 2007 were submitted.  There being no corrections, additions, or deletions, a motion to approve the minutes was made by Mr. Bergeron, seconded by Reverend Bias, and voted unanimously in favor.

 

            Mayor Matte submitted the annual “Report on Finances and Administrative Activities” (copy on file), as provided for by Section 3-05 (6) of the Charter.

 

            Cypress Sawmill Festival Queen Kristen Chauvin and Teen Queen Lacy Angeron addressed council and invited them the Queen’s  luncheon and extended.  They extended an invitation to everyone to attend the festival.

 

            Mrs. Deborah Garber, Finance Director, submitted the following financial statement for the period ending January 31, 2007.

 

                                            MONTHLY FINANCIAL STATEMENTS

 

DATE: February 27, 2007

TO:                  Mayor and Council

FROM:            Deborah Garber

RE:                  Comments related to summary of revenues and expenses compared to budget for the period ended January 31, 2007.

_____________________________________________________________________

 

            Attached is a summary that compares our actual revenues and expenses to our operational budget for our major funds subject to budgetary control for the period ending January 31, 2007.  The following comments are related thereto:

 

General and Ancillary Funds:  Actual total revenues are above budget by $57,189.  Operating expenses are $80,382 under budget.  The net excess, after transfers, of $170,052 creates a favorable variance of $134,269.

 

Utility Fund:  Actual revenues are below budget by $306,955, with operational expenses also under budget by $176,349.  The net loss, after transfers, of $98,558 creates an unfavorable variance of $130,655.

 

Sanitation and Sewer Fund:  The operating revenues are $4,098 under budget, with total operating expenses also under budget by $26,158.  The net income, after transfers, of $92,147 creates a favorable variance of $30,354.

 

                                                                                    Respectfully submitted,

                                                                                    /s/ Deborah Garber

                                                                                    Deborah Garber

                                                                                    Finance Director

 

 

 

 

 

CONSOLIDATED STATEMENT

Actual Revenues and Expenses Compared to Budget

Period Ended January 31, 2007

 

 

 

 

 

 

JANUARY

JANUARY

 

 

 

2007

2007

 

 

GENERAL AND ANCILLARY FUNDS

ACTUAL

BUDGET

VARIANCE

 

  REVENUES

 

 

 

 

     General Fund

570,630

513,851

56,779

 

     Recreation Fund

24,246

13,519

10,727

 

     Library Fund

1,454

2,851

(1,397)

 

     Auditorium Fund

12,440

12,108

332

 

     Lake End Park Fund

20,004

29,256

(9,252)

 

          Total Revenues

628,774

571,585

57,189

 

  EXPENSES-OPERATIONAL

 

 

 

 

     General Fund

608,118

653,188

(45,070)

 

     Recreation Fund

35,969

50,565

(14,596)

 

     Library Fund

9,835

10,420

(585)

 

     Auditorium Fund

21,715

31,094

(9,379)

 

     Lake End Park Fund

27,250

38,002

(10,752)

 

          Total Expenses

702,887

783,269

(80,382)

 

  TRANSFERS

 

 

 

 

     Transfers from Funds

323,667

324,667

(1,000)

 

     Transfers to Funds

(79,502)

(77,200)

(2,302)

 

 

 

 

 

 

          Net Transfers

244,165

247,467

(3,302)

 

 

 

 

 

 

  EXCESS NET OF TRANSFERS

170,052

35,783

134,269

 

                                           

 

 

 

 

UTILITY FUND

 

 

 

 

     Total Revenues

1,685,128

1,992,083

(306,955)

 

     Total Expenditures

1,549,637

1,725,986

(176,349)

 

          Net Excess

135,491

266,097

(130,606)

 

     Net Transfers and non-oper.

(234,049)

(234,000)

(49)

 

     Excess net of transfers

(98,558)

32,097

(130,655)

 

 

 

 

 

 

SANITATION AND SEWER FUND

 

 

 

 

     Total Revenues

136,652

140,750

(4,098)

 

     Total Expenses

182,549

208,707

(26,158)

 

          Net Excess

(45,897)

(67,957)

22,060

 

     Net Transfers/non-

 

 

 

 

       operating expenses

138,044

129,750

8,294

 

     Excess net of transfers

 

 

 

 

       and non-operating

92,147

61,793

30,354

 

 

 

            A motion to accept the financial statement was made by Mr. Longman, seconded by Mr. Tamporello, and voted unanimously in favor.

 

            Mrs. Garber presented the Police Pension and Relief Fund financials for the year 2006.

 

CITY OF MORGAN CITY, LOUISIANA

 

 

 

STATEMENT OF REVENUES & EPENDITURES

 

 

 

AND CHANGES IN FUND BALANCE

 

 

 

 

 

 

 

                                                                  Police Pension and Relief Fund

 

 

 

                                                                            December 31, 2006

 

 

 

 

 

 

 

                                       

2006

 

2005

 

-------------

 

-----------

Operating Revenues:

 

 

 

     Interest Income

1,735

 

800

     Contributions

31,451

 

29,851

 

-------------

 

-----------

          Total Revenues

33,186

 

30,651

 

 

 

 

Expenses:

 

 

 

     Benefits Paid

32,251

 

29,851

 

-------------

 

-----------

          Net Income (Loss)

935

 

800

 

 

 

 

Fund Balance, beginning (as restated)

58,344

 

57,544

 

-------------

 

-----------

Fund Balance, ending

59,279

 

58,344

 

 

 

 

 

            A motion to approve the Police Pension and Relief Fund Financial statement was made by Reverend Bias, seconded by Mr. Bergeron, and voted unanimously in favor.

 

            The Finance Committee submitted it recommendations (copy on file), whereupon

 

            Mr. Bergeron offered the following Resolution, who moved for its adoption.

 

RESOLUTION NO. R:07-8

 

            BE IT RESOLVED, by the City Council, the governing authority of the City of Morgan City, that the following Finance Committee recommendations be and the same are hereby approved:

 

1.      Allocate $23,100.00 from General Fund Balance to complete Trailhead Park  Playground

2.      Allocate $14,062.50 from General Fund Balance for City’s match of Title V, Federal Juvenile Grant

3.      Allocate $15,000.00 from excess sales tax to replace engine on Public Works bulldozer.

 

            Mr. Longman seconded the motion.

 

            The vote thereon was as follows:

 

            AYES:              Bergeron, Longman, Bias, Manfre, Tamporello        

            NAYS:              None                                 

            ABSENT:         None

 

            The resolution was therefore declared approved and adopted this 27th day of February, 2007.

 

_____________________________

Timothy Matte, Mayor

ATTEST:

 

 

_____________________________

Debbie Harrington, Clerk

 

            Judge Kim Stansbury advised that it would be in order for the council to authorize the Mayor sign the Juvenile Grant application, whereupon

 

            Mr. Bergeron offered the following Resolution, who moved for its adoption.

 

RESOLUTION NO. R:07-9

 

            WHEREAS, City Court Judge Kim Stansbury has prepared, for submission to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, a grant application  for funds for a continuing Delinquency Prevention Resource Center program, and

            WHEREAS, this program is designed with a goal of reducing delinquency and youth violence within the local level, and

            WHEREAS, the applicant agency is the City of Morgan City,

            NOW THEREFORE BE IT RESOLVED, by the City Council, the governing authority of the City of Morgan City that Timothy Matte, Mayor, be and he is hereby authorized, empowered, and directed to sign said grant application.

            Mr. Longman seconded the motion.

 

            The vote thereon was as follows:

 

            AYES:              Bergeron, Longman, Bias, Manfre, Tamporello

            NAYS:              None

            ABSENT:         None

 

            The resolution was therefore declared approved and adopted this 27th day of February, 2007.

 

 

_____________________________

Timothy Matte, Mayor

 

ATTEST:

 

 

_____________________________

Debbie Harrington, Clerk

 

            Mayor Matte, in giving his LEPA report, stated that the wholesale power costs for January, 07 was better than January, 06 and the Rodemacher unit was due to be back on line March 1.

 

            The Mayor gave a verbal report on the flood insurance maps.  FEMA has been undertaking a project called LAMAP (Louisiana Mapping Program) and was reviewing all of the engineering data using surge models that the LSU Hurricane Center was developing.  New maps should be ready by the end of the year.  He felt that because of the long number of years of work in the City and being in a community rating system was going to work beneficially.  The City had to have concerns for what happens in the Amelia  and St. Mary parish areas now totally under protection areas.  Further discussion followed concerning the Wax Lake Outlet and Coastal Protection and Restoration.

 

            Mr. Oscar Boudreaux, Engineer for the 2006/2007 Sewer Rehab Project, submitted a tabulation report (copy on file) on the bids received for this project.  A short discussion followed concerning the reason for the difference in the two bids, the lower bidder having done work here before, etc.

 

      Mr. Bergeron offered the following Resolution, who moved for its adop­tion.

 

                                                     RESOLUTION NO. R:07-10

 

      BE IT RESOLVED, by the City Council, the governing authority of the City of Morgan City, Louisiana, that the bid of Insituform Technologies, Inc, for furnish­ing all labor, materials, equipment, etc., for the 2006/2007 Sewer Collection Rehab Project, in the amount of Four Hundred Seventy-three Thousand, Two Hundred Sixty-five and no/100 Dollars ($473,265.00), being the least and most responsible bid received, be and the same is hereby accepted and awarded to Insituform Technologies, Inc..

      BE IT FURTHER RESOLVED, etc., that the Mayor, be and he is hereby authorized, empowered, and directed to execute a contract with said Insituform Technologies, Inc., for and on behalf of and in the name of said municipal corpora­tion, for furnishing all labor, materials, and equipment for the 2006/2007 Sewer Collection Rehab Project, in Morgan City, Louisiana.

      BE IT FURTHER RESOLVED, etc., that the contract shall be filed with the Clerk of Court and Ex-officio Recorder of Mortgages for the Parish of St. Mary, State of Louisiana, for recordation in the mortgage records of said parish, hereby ratifying and confirming his act or acts in the premises.

      Mr. Tamporello seconded the motion.

      The vote thereon was as follows:

      AYES:              Bergeron, Tamporello, Bias, Longman, Manfre

      NAYS:              None

      ABSENT:         None

      The Resolution was therefore declared approved and adopted this 27th day of February, 2007.

 

 

                                                                        __________________________________

                                                                        Timothy Matte

                                                                        Mayor

 

ATTEST:

 

______________________________

Debbie Harrington

Clerk

 

            The council was advised that the Administration was moving forward with its payroll direct deposit project and the bank needed a resolution authorizing certain persons to have access to this account.

 

            Mr. Longman offered the following Resolution, who moved for its adoption.

 

RESOLUTION NO. R:07-11

 

            NOW THEREFORE BE IT RESOLVED, by the City Council, the governing authority of the City of Morgan City, that the following persons

 

TITLE

NAME

SIGNATURE

Lorrie C. Braus

Chief Administrative Officer

/s/ Lorrie C. Braus

Deborah Garber

Finance Director

/s/ Deborah Garber

Debbie Harrington

Clerk of the Council

/s/ Debbie Harrington

Debbie J. Verdin 

Payroll Clerk

/s/ Debbie J. Verdin

 

be, and they are hereby authorized to

 

1.      Sign, seat under corporate seal and deliver, upon such terms as they may determine, any and all agreements related to Online Banking Agreement, services and Cash Management Services by M C Bank (“Bank”), including but not limited to the following agreements:  M C Bank’s Commercial Online Banking Agreement, ACH Origination Agreement, and any and all documents and authorizations relating to the use of those service(s) by third parties.

2.      Modify existing contracts of deposits between the City and the Bank and to execute such agreements relating thereto as such persons may, in their discretion, deem necessary or proper.

3.      Transact any other business and perform any and all acts in the future necessary to implement the powers herein granted.

 

            BE IT FURTHER RESOLVED, etc.,  that the above named persons are authorized to transfer funds, make payment orders (or instructions), designate users to access the Company’s depository accounts at MC Bank and to perform any and all acts necessary for the City’s use of the Online Banking Services offered by the Bank, including the following Cash Management Services:

 

1.      Internal Transfers (if applicable)

2.      ACH Payments

3.      ACH Receipts

4.      Payroll and Direct Deposit

5.      View Account Activity

 

            BE IT FURTHER RESOLVED, etc., that the Bank shall not be required or be under any obligation to inquire as to the circumstances of the issuance or use of any funds transferred in accordance with the foregoing resolutions.

 

            BE IT FURTHER RESOLVED, etc., that this Resolution shall remain in full force and effect until written notification of an amendment or rescission shall have been received by the Bank, and that receipt of such notice shall not affect any action taken by the taken by the Bank prior thereto.

 

            BE IT FURTHER RESOLVED, etc., that there is no provision to the Charter of the City limiting the power of the Council to pass the foregoing resolutions, and that the same is in conformity with the provisions of said charter.

 

            Reverend Bias seconded the motion.

 

            The vote thereon was as follows:

            AYES:              Longman, Bias, Bergeron, Manfre, Tamporello

            NAYS:              None

            ABSENT:         None

 

            The resolution was therefore declared approved and adopted this 27th day of February, 2007.

 

 

_____________________________

Timothy Matte, Mayor

ATTEST:

_____________________________

Debbie Harrington, Clerk

 

            The resolution adopting an anti-displacement and relocation assistance plan was submitted, whereupon,

 

            Reverend Bias offered the following Resolution, who moved for its adoption.

 

RESOLUTION NO. 07-12

 

RE-ADOPTING A RESIDENTIAL ANTIDISPLACEMENT

AND

RELOCATION ASSISTANCE PLAN

 

            WHEREAS, the City of Morgan City has received a Community Development Block Grant from the Louisiana Division of Administration, and

            WHEREAS, it is a grant requirement that the City adopt a Residential Anti-displacement and Relocation Assistance Plan, and

            WHEREAS, the City has an on-going Residential Anti-displacement and Relocation Assistance Plan previously adopted in 1996 and re-adopted again in 2001 and 2003, and

            WHEREAS, it is the City’s desire, at this time, to re-adopt this current plan, and

            WHEREAS, this Anti-displacement and Relocation Assistance Plan had to be submitted by February 25, 2007 and the February council meeting was scheduled for February 27, 2007, and

            WHEREAS, a telephone poll of the council was conducted on February 16, 2006 with the entire council approving the re-adoption of this plan,

            NOW THEREFORE BE IT RESOLVED, by the City Council, the governing authority of the City of Morgan City, Louisiana, that it hereby ratifies the action of the Council, approving and re-adoption said Anti-displacement and Relocation Assistance Plan, through a telephone poll of said council conducted on February 16, 2007.

            Mr. Bergeron seconded the motion.

            The vote thereon was as follows:

 

            AYES:              Bias, Bergeron, Longman, Manfre, Tamporello        

 

            NAYS:              None                                 

 

            ABSENT:         None

 

            The resolution was therefore declared approved and adopted this 27th day of February, 2007.

 

 

 

 

_____________________________

Timothy Matte

Mayor

ATTEST:

 

 

_____________________________

Debbie Harrington

Clerk

 

            In connection with a request made to the Recreation and Parks Commission, the Commission made a recommendation (copy on file) to name the newly constructed Adams Street Playground in honor of Mr. Roland W. Broussard.  In following the protocol that has been established, a public hearing to allow any member of the public to comment on this matter would be held at the next council meeting.

 

            Mr. Lorrie Braus, CAO, submitted a report on the “Litter Campaign” (copy on file).  She highlighted some of the activities, such as distributing garbage bags prior to the Mardi Gras parades, scheduling of the trash bash set for March 24, 2007, encouraging local organizations to participate in this trash bash day, the “Zero Tolerance for Litter” campaign kicking off this weekend, implementation of the “Project Pride” at the baseball parks, and continued attendance at the Parish wide anti-litter meetings.  She also advised that the City had received its National Arbor Day Foundation designation as a “Tree City” and that a $75,000 grant had been awarded to the city for tree planting.  Reverend Bias requested that the Athletic Directors from the different schools request  their sports participants take part in the anti-litter campaign.

 

            The next matter was a second reading of the ordinance prohibiting open fires in Lake End Park.  The public hearing was opened.  No one appeared for or against said ordinance.  The public hearing closed, whereupon

 

            This ordinance was introduced with first reading on January 23, 2007.  Published by title on January 29, 2007.

 

            Mr. Bergeron offered the following ordinance, who moved for its adoption.

 

ORDINANCE NUMBER 07-1

 

AN ORDINANCE OF  THE CITY OF MORGAN CITY AMENDING AND RE-ENACTING CHAPTER 78, PARKS AND RECREATION, SUB-SECTION (6) OF  SUB-SECTION (a)  OF SECTION 78-1, RECREATION PARK AT LAKE PALOURDE; RULES GOVERNING; PENALTY

 

SECTION 1

            BE IT ORDAINED, by the City Council, the governing authority of the City of Morgan City, Louisiana, that Sub-section (6) of Sub-section (a) of Section 78-1 of the Code of Ordinances is hereby amended and re-enacted, said sub-section to read as follows:

 

CHAPTER 78

Parks and Recreation

 

Article I – In General

 

Section 78-1 – Recreation Park at Lake Palourde, Rules Governing; Penalty

 

            (a) Rules

********************************

(6)          Open fires are only permitted in the fire rings provided by Lake End Park/Lake End parkway with location of the rings specified by Park Management.  No open fires are permitted in any other area of the park. This rule does not apply to barbecue pits lighted for cooking purposes or to butane tanks and burners for the purpose of boiling seafood such as crabs and crawfish.

 

          *******************************

SECTION 2

            Should any section, paragraph, sentence, clause, or phrase be declared unconstitutional or repealed for any reason, the remainder of the ordinance shall not be affected hereby.  That all laws or parts of laws in conflict with this ordinance be and the same are hereby repealed.  This ordinance shall take effect immediately after its passage within the time prescribed by law.

 

            Mr. Tamporello  seconded the motion.

 

            The vote thereon was as follows:

            AYES:              Bergeron, Tamporello, Bias, Longman, Manfre

            NAYS:              None

            ABSENT:         None

 

Certified approved and adopted this 27th day of February, 2006.

 

Delivered to Mayor Matte at 9:00 am, this 1st day of March, 2007.

 

                                                /s/ Debbie Harrington_____________

                                                Debbie Harrington, Clerk

 

Approved this 1st day of March , 2007.

                                                /s/ Timothy Matte__________________

                                                Timothy Matte,  Mayor

 

Received from Mayor at 9:15 am on March 1, 2007.

 

                                                /s/ Debbie Harrington______________

                                                Debbie Harrington, Clerk

Published:  March 9, 2007

 

            The next item was the second reading of the ordinance establishing cross connection control devices on the water distribution system.  The public hearing was opened.  No one appeared either for or against said ordinance.  The public hearing was closed, whereupon

 

            This ordinance was introduced with first reading on January 23, 2007.  Published by title on January 29, 2007

 

            Reverend Bias offered the following ordinance, who moved for its adoption.

 

ORDINANCE NUMBER 07-2

 

AN ORDINANCE OF THE CITY OF MORGAN CITY PROVIDING FOR CROSS-CONNECTION CONTROL DEVICE OR METHOD REQUIRED AS PART OF THE WATER DISTRIBUTION SYSTEM

 

 

 SECTION 1

BE IT ORDAINED, by the City Council, the governing authority of the City of Morgan City, Louisiana, that the Code of Ordinances of the City of Morgan City be amended by adding a section to provide for cross-connection control device or method required.

 

Section 1 - Cross-Connection Control Device or Method Required

Each existing or new structure is required to implement and maintain an adequate cross-connection control device or method for backflow prevention as mandated under state law and state regulations.

 

Section 2 - Definitions

The following definitions shall apply only to this Division. For those terms not

defined in this Division, the definitions contained in the Louisiana State Plumbing Code 2000 edition (LSPC, 2000 Edition), and as amended, shall apply.

 

1. “Administrative authority” means the City of Morgan City Utilities Department, or any agent, employee, officer, department, or board of the City designated to force this ordinance.

 

2. “Approved” means accepted or acceptable under an applicable specification or standard stated or cited in the code, or accepted as suitable for the proposed use under procedures and authority of the administrative authority.

 

3. “Approved backflow prevention assembly for containment” means an air gap meeting ASME Standard A 112.1.2 - 1991 (R 1998) “Air Gaps in Plumbing Systems” or a backflow prevention assembly which is listed by the University of Southern California-Foundation for Cross Connection Control and Hydraulic Research (USCFCCCHR) as having met the requirements of ANSI/AWWA Standard C510-97 or ASSE Standard 1015-1993, “Double Check Valve Backflow-Prevention Assemblies”, or ANSI/AWWA Standard C511-97 or ASSE Standard 1013-1993, “Reduced Pressure Principle Backflow Assemblies” for containment. The listing shall include the limitations of use based on the degree of hazard. The backflow prevention assembly must also be listed by the ASSE in Table 606 of the LSPC, 2000 Edition or other testing agency approved by the administrative authority. This term shall additionally include those backflow prevention assemblies meeting ANSI/ASSE Standard 1047-1995, “Backflow Preventer, Reduced Pressure Detector Assembly”, or ANSI/ASSE Standard 1048-1995, “Backflow Preventer, Double Check Detector Assembly”. (These detector assembly devices are often times used on fire protection/fire sprinkler systems to detect and monitor unauthorized water usage.)

 

4. “Approved backflow prevention assembly for containment in fire protection system” means a backflow prevention assembly listed in Table 606 of the LSPC, 2000 Edition to be used in a fire protection system which also meets the requirements of Factory Mutual Research Corporation (FM) and Underwriters Laboratory (UL) and the requirement of the standard Codes adopted by the City of Morgan City.  Devices sized smaller than 2½ inches which have not been listed by Underwriters Laboratory (UL) and tested by Factory Mutual Research Corporation (FM) may be allowed if approved by the State Fire Marshal, and such device is listed in Table 606 of the LSPC, 2000 Edition. Any such device under this definition shall minimally meet the definition of an “approved backflow prevention assembly for containment”. In addition, the particular type of device to be used for a particular application/degree of hazard shall be selected and installed in accord with the requirements of Table D104 of the LSPC, 2000 Edition.

 

5. “Approved testing agency” means an organization primarily established for purposes of testing to approved standards and approved by the administrative authority (e.g., American Society of Mechanical Engineers (ASME), American Society of Sanitary Engineers (ASSE), American Water Works Association (AWWA), American National Standards Institute (ANSI), Factory Mutual Research Corporation (FM), Underwriters Laboratory (UL), University of Southern California-Foundation for Cross Connection Control and Hydraulic Research (USC-FCCCHR), etc.).

 

6. “Auxiliary water supply” means any water supply on or available to the premises other than the water purveyor's approved public water supply such as, but not limited to, a private well, pond or river.

 

7. “Backflow” means the flow of water or other liquids, mixtures, or substance into the distribution pipes of a potable supply of water from any sources other than its intended source.

 

8. “Backflow connection” means any arrangement whereby backflow can occur.

 

9. “Back-pressure backflow” means backflow due to an increased pressure above the supply pressure. This may be due to pumps, boilers, gravity or other sources of pressure.

 

10. “Backflow preventer” means a device or method to prevent backflow into the potable water system.

 

11. “Backflow prevention assembly general tester” means those individuals holding a testing certificate from a nationally recognized backflow certification organization approved by the State Health Officer. Such individuals are not required to be a licensed plumber and are authorized to perform tests of backflow prevention devices and methods. When such devices or methods are located on private property, a backflow prevention assembly general tester is not authorized to install, repair, or maintain such devices or methods. A general tester may perform installation, maintenance or repairs, if the backflow prevention device is on public property, after

having obtained approval from the water purveyor.

 

12. “Backflow prevention assembly technician” means a water supply protection specialist licensed by the State Plumbing Board of Louisiana pursuant to LA. R.S. 37:1361, et seq., and its implementing regulations (LAC 46:LV.101, et seq.). All water supply protection specialists are Louisiana licensed plumbers who hold such a special endorsement on their plumbing license. Such individuals are authorized to test, install, repair, and maintain backflow prevention devices and methods.

 

13. “Back-siphonage” means the flowing back of used, contaminated, or polluted water from a plumbing fixture or vessel into a water supply pipe due to a negative pressure in such pipe. (See “backflow”)

 

14. “Code” The word “code” or “this code”, when used alone, shall mean these regulations, subsequent amendments thereto or any emergency rule or regulation which the administrative authority having jurisdiction may lawfully adopt.

 

15. “Containment” means a method of backflow prevention which requires the installation of an air gap or a backflow prevention assembly immediately following the water meter or as close to that location as deemed practical by the administrative authority.

 

16. “Contamination” means an impairment of the quality of the potable water which creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids or waste. Also defined as “high hazard.”

 

17. “Cross-connection” means any connection or arrangement, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacle, equipment or device, through which it may be possible for non-potable, used, unclean, polluted or contaminated water, or other substances, to enter into any part of such potable water system under any condition.

 

18. “Customer” means the owner, operator, or occupant of a building or property which has a water service from a public water system, or the owner or operator of a private water system which has a water service from a public water system. “Customer” shall not include any residential connection used for dwelling purposes, unless: (i) the residence is also used as a business premises and the home-based business or occupation involves operation of a home-based business or occupation which the water purveyor or City Inspector deems a potentially significant and high hazard to the City water supply ((ii) the domestic water service provided is also used for a landscape irrigation system; or, (iii) a separate water service has been installed for landscape irrigation and other non-domestic purposes.

 

19. “Degree of hazard” means the rating of a cross-connection or water service which indicates if it has the potential to cause contamination or po