SECTION:
6-5-1: Rules And Regulations
6-5-2: Definitions
6-5-3: Service Area And Connection Requirement
6-5-4: Description Of Service
6-5-5: Application For Service
6-5-6: Main Extensions
6-5-7: Services
6-5-8: Meters
6-5-9: Water Charges; Review And Revision Of Rates
6-5-10: Notices
6-5-11: Billing And Payments
6-5-12: Meter Error
6-5-13: Discontinuance Of Service
6-5-14: Restoration Of Service
6-5-15: Unusual Demands
6-5-16: Access To Property
6-5-17: Responsibility For Equipment
6-5-18: Fire Hydrants
6-5-19: Violations And Penalties
6-5-20: Suspension Of Rules
6-5-21: Easement
6-5-22: Construction And Design Standards
6-5-23: Donation Of Water Systems To The City
6-5-24: Contribution Of Proportionate Off Site Construction Costs
6-5-25: Cooperative Agreements
6-5-26: Authority To Issue Rules And Regulations
A. Short Title: This chapter shall be known as RATES, RULES AND REGULATIONS FOR THE OPERATION OF THE WATER SYSTEM OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, and may be so cited and pleaded.
B. Scope: The water department and all customers receiving services from the water department, whether inside or outside the city limits, are bound by this chapter and the rules and regulations of the water department. (Ord. 202, 5-26-1992)
APPLICANT: The person or persons, firm or corporation, making application for water service from the water department under the terms of this chapter and any regulations issued by the water department.
AUTO COURT, MOTOR COURT, TRAVEL TRAILER COURT, MOTEL, HOTEL, ETC.: The combination or group of two (2) or more dwelling units occupying a building site or area under one ownership, used for the purpose of furnishing transient living accommodations.
BACKFLOW: The flow, other than the intended direction of flow, of any foreign liquids, gases or substances into the distribution system of a public water supply.
BACKFLOW PREVENTION DEVICE: A device to counteract back pressure or prevent back siphonage.
CITY: The legally constituted municipal government of the city of Eagle, Ada County, Idaho.
CITY COUNCIL OR COUNCIL: The legally elected group of members composing the city council, including the mayor, of the city of Eagle, Idaho.
CONTAMINATION: The entry into or presence in a public water supply of any substances which may be deleterious to health and/or quality of the water.
CROSS CONNECTION: Any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain contaminated water, sewage or other waste or liquids of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow.
CUSTOMER OR USER: The owner or tenant of a residence, building, or structure who has made application and who has been accepted under the terms of this chapter and regulations issued by the water department and who receives water service from the water department. The term "customer" or "user" generally will not include tenants as it will generally be the owner's responsibility to apply for service and to pay for service.
DIRECTOR: The director of the Idaho department of environmental quality, or his/her authorized agent.
DUPLEX: A building designed, built, rented, or leased for occupancy by two (2) families living independently of each other.
ENGINEER: The engineer for the city of Eagle who shall be a registered professional engineer in the state of Idaho.
HEALTH OFFICER: The director of the Idaho department of environmental quality, or other authorized agent.
MULTI-FAMILY DWELLING OR APARTMENT HOUSE: Any building or portion thereof which is designed, built, rented, leased, lent, or hired out to be occupied or which is occupied as the home or residence of three (3) or more families or persons living independently of each other and doing their own cooking within the premises, which shall include townhouses or condominiums.
PUBLIC WATER SUPPLY: A system for the provision to the public of water for human consumption through pipes or, after August 5, 1998, other constructed conveyances if such system has at least fifteen (15) service connections, regardless of the number of water sources or configuration of the distribution system, or regularly serves an average of at least twenty five (25) individuals daily at least sixty (60) days out of the year. Such term includes: any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system; and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.
PURVEYOR: The city of Eagle or its authorized agent.
REGULATIONS: The Idaho rules for public drinking water systems version 2009 (IDAPA 58.01.08), the Idaho department of environmental quality, and all as may be subsequently amended or modified.
SINGLE-FAMILY DWELLING: A building designed for or occupied by one family for living or sleeping purposes, and having kitchen or cooking facilities.
SUPERINTENDENT: The director of public works for the city of Eagle, or his/her authorized agent.
TRAILER HOUSE OR MOBILE HOME: A detached single-family dwelling unit used or so constructed as to permit its being transported upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
WATER DEPARTMENT: An agent or other representative, appointed or under contract, to conduct installation, repair and maintenance of the water system for the city. (Ord. 202, 5-26-1992; amd. Ord. 636, 11-24-2009)
A. Service Area: The area serviced by the city shall be only that area within the corporate limits of the city, which is so designated by the city council, and such other contiguous and neighboring territory as the city council shall, from time to time, deem necessary to serve and identified on the water service development plan map contained in the city of Eagle water service master plan. (Ord. 517, 5-10-2005)
B. Connection To Water System Required: Every parcel of land or premises within the boundaries of the city, improved by new construction for occupancy and occupied or used by any person or persons, or as a commercial business, shall be connected to the city water department public water system so long as the area is within the service area of the city water system. The owner or person in charge of such land shall make or cause to be made, such connection within sixty (60) days after receiving official notice from the city to so connect. All charges associated with the laying of pipe from the home or facilities to be served by the city's mains shall be the responsibility of the user and shall be properly designed and constructed in conformity with requirements specified by the city. If a parcel of land is not within three hundred feet (300') of a water main, connection may not be required unless the city elects to extend the water main to within three hundred feet (300') of the applicant's property. (Ord. 202, 5-26-1992)
A. Supply: The water department will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a reasonable pressure and to avoid so far as reasonably possible any shortage or interruption in delivery.
The water department and city shall not be liable for damage resulting from an interruption in service or from a lack of service. Temporary suspension of service by the water department for improvements and repairs will be necessary occasionally. When time permits, all customers affected will be notified prior to shutdowns.
B. Quality: The water department will exercise reasonable diligence to supply safe and potable water at all times.
C. Ownership Of System: All water mains, valves, meters, fittings, hydrants, service connections and other appurtenances, except "customer service lines", as defined in subsection 6-5-7A of this chapter, shall be the property of the city.
D. Classes Of Service: The classes of service shall be residential, commercial, standby fire and contract as further qualified after the class as follows: inside city limits; outside city limits:
1. Residential Service: Residential services shall consist of all services for domestic purposes, single-family dwellings, homes and municipal purposes.
2. Commercial Service: Commercial services shall consist of those services where water is used for commercial services, such as businesses and multi-family dwellings.
3. Standby Fire: Standby fire services shall consist of those services where water is available or used for fire protection only.
4. Contract Service: Contract services shall consist of those services for industrial or independent water district purposes under contracts authorized by the city council.
E. Special Contracts: When the applicant's requirements for water are unusual or large, such as an independent water district, or necessitate considerable special or reserve equipment or capacity, the city, by authorization of the city council, reserves the right to make special contracts, the provisions of which are different from and have exceptions to the regularly published water rates, rules and regulations. The special contracts shall be in writing, signed by the applicant and approved by the city council.
F. Resale Of Water: Resale of water shall be permitted only under special contract, in writing, between the city, as approved by the city council, and the persons, parties or corporation purchasing the water.
G. Service Preference: In case of shortage of supply, the city reserves the right to give preferences in the manner of furnishing service to customers as is in the interest of the city from the standpoint of public convenience or necessity. Domestic water use shall be a preferential use to an irrigation use. (Ord. 570, 4-17-2007)
A. Application Form: Each applicant for water service shall sign an application form provided at city hall giving the date of application, location of premises to be served, the date applicant desires services to begin, purpose for which services are to be used, the address for mailing of the billings, the class and the size of the meter service and such other information as the water department may reasonably require. In signing the application, the customer agrees to abide by the rules and regulations of the water department. The application is merely a written request for service and does not bind the water department to provide service.
B. Deposits And Establishment Of Credit: At the time application for service is made, the applicant shall establish credit with the water department at city hall. Deposits shall be held for one year from the date of deposit.
1. Deposit Requirements And Establishment Of Credit: With each and every application for water service to be supplied through the water system of the city, there may be a deposit required by the city clerk, or its designee, a sum in cash, the amount to be determined by resolution of the city council upon the passage of this chapter and reviewed at least annually and updated by resolution of the council.
2. Deposits: At the time the deposit is given to the city clerk, or its designee, the applicant will be given a receipt for the same. The deposit is not to be considered as a payment on account. In the event the service is discontinued, the deposit will be applied to the closing bill and any amount in excess of the closing bill will be refunded. The city will not pay interest on any deposits. Deposits shall not be eligible for refund until after one year of service indicating a satisfactory payment history.
3. Forfeiture Of Deposit: If an account becomes delinquent and it is necessary to turn off the service, the deposit shall be applied to the unpaid balance due. Water service will not be restored to that premises or that customer at different premises until all outstanding bills due the city have been paid and the cash deposit replaced, together with any service charge provided in subsection 6-5-11F of this chapter.
C. Application Amendments: Customers desiring a material change in the size, character or extent of equipment or operation which would result in a material change in the amount of water used, shall give the city written notice of such change prior to the change and the application for service shall be amended. Customers desiring a change in the size, location or number of services shall fill out an amended application. (Ord. 202, 5-26-1992)
A. Within The City Limits: Water main extensions to areas within the city limits not presently served with water shall be installed under procedures to be established by the city council. Developers who subdivide property for newly partitioned properties will assume all costs of main extensions with the approval of the city council, except in those cases where the city is interested in entering into a cooperative agreement as described in section 6-5-25 of this chapter.
B. Outside The City Limits: Water mains outside the city limits shall be extended only at the expense of the customers serviced, except in those cases where the city is interested in entering into a cooperative agreement as described in section 6-5-25 of this chapter.
C. Locations Of Extensions: The city will make water main extensions only on rights of way, easements or publicly owned property. Easements or permits secured for main extensions shall be obtained in the name of the city, along with all rights and title to the main at the time the service is provided to the customers paying for the extension.
D. Extensions Property Of City: The main extensions shall become the property of the city at the time installed. The city council shall determine the size of the main extensions and all extensions shall be of suitable materials approved by the city council. Extensions both inside and outside the city limits shall be installed by the water department or by contractors approved by the water department. The installation procedures and materials used shall be in accordance with the city and the state of Idaho standards. The city shall inspect all main extensions and shall not accept ownership until the work, materials and installation has been inspected and approved by the city engineer. The cost for the city engineer to make any such inspection shall be included in the costs of the main extension under subsection A of this section. Such extensions shall be established according to the city's construction and design standards for domestic water systems. (Ord. 202, 5-26-1992)
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