6-5-1: 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)

6-5-2: DEFINITIONS:

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)

6-5-3: SERVICE AREA AND CONNECTION REQUIREMENT:

   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)

6-5-4: DESCRIPTION OF SERVICE:

   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)

6-5-5: APPLICATION FOR SERVICE:

   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)

6-5-6: MAIN EXTENSIONS:

   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)

6-5-7: SERVICES:

   A.   Definition: The "service connection" shall be that part of the water distribution system which connects the meter to the main and shall normally consist of corporation stop, service pipe, curb stop and box, meter, meter yoke and meter box. The customer service line shall be that part of the piping on the customer's property that connects the service to the customer's distribution system.

   B.   Ownership, Installation And Maintenance: The city shall own, install and maintain all service connections and installation and maintenance shall only be performed by authorized employees of the city or their designated agents. The customer shall own, install and maintain the customer service line.

   C.   Service Connection Charge: At the time the applicant files for service where no service previously existed, or if he is filing for a change in service size or location, he shall submit with his application the service connection charge. This charge is to cover, but not be limited to, the actual cost to the water department to install the service connection from the main, to and including the meter and meter housing customer service line. The service connection charge shall be established by the council by resolution upon the passage of this chapter and may be reviewed and updated by resolution of the council as the city council so desires.

   D.   Size Of Service: The water department will furnish and install a service of such size at such locations as the applicant requests, provided such requests are reasonable and that the size requested is one that is consistent with the rules and regulations of the city. The minimum size of service shall be determined by the water department. The water department may refuse to install a service line which is undersized or oversized as determined by the rules and regulations of the city.

   E.   Changes In Service Size: Permanent changes in the size of the service line requested by the customer shall be paid by the customer on the basis of the fee established by the council by resolution upon passage of this chapter and may be reviewed and updated by resolution of the council as the city council so desires.

   F.   Length Of Service: Where the main is in a public right of way, the service connection will be placed at the right of way line nearest the property to be served, for the standard connection fee, by the city, provided the length of service line does not exceed the width of the right of way.

Where the main is on an easement or publicly owned property other than designated rights of way, the service connection shall be installed at the boundary of the easement or public property nearest the property to be served, for the standard connection fee, by the city, provided the length of service does not exceed thirty feet (30').

If, in either case cited above, the length of service line to the meter location exceeds the maximum stated, the applicant shall pay the extra cost of the line on the basis of actual cost to the water department for labor, materials and equipment, including any costs for repair of streets and sidewalks, plus ten percent (10%).

   G.   Joint Service Connections: The city may, at its option, serve two (2) or more premises with one service connection. On new service connections, the inside diameter of such joint lines shall be sufficient to provide a carrying capacity of not less than the combined capacity of the individual service lines of the same size.

Service extensions from an existing service to other occupancies or ownerships than that for which the existing service was intended shall not be permitted nor shall separate residences be permitted to receive service through one service connection except under special considerations approved by the city council.

   H.   Number Of Service Connections On Premises: The owner of a single parcel of property may apply for and receive as many services as he and his tenants may require, provided his application or applications meet the requirements of the policies, rules, and regulations. However, the owner shall be required to pay for all services.

   I.   Standby Fire Protection Service Connections:

      1.   Purpose: Standby fire protection connections of two inch (2") size and larger will be installed only if adequate provisions are made to prevent the use of water from such services for purposes other than fire extinguishing. Sealed fire sprinkler systems with water operated alarms shall be considered as having such provisions. The superintendent may require that a suitable detector check meter be installed in the standby fire protection service connections, to which hose lines or hydrants are connected. All piping on the customer's premises shall be installed in accordance with the plumbing code of the state of Idaho 1 .

      2.   Charges For Service: Charges for standby fire protection service shall be determined by resolution by city council. No charge will be made for water used in the standby fire protection service to extinguish accidental fires or for routine testing of the fire protection system. The customers shall pay the full cost of the standby protection service connection, any required detector check meters, and any required special water meters installed for the service to the standby connection.

      3.   Violations Of Regulations: If water is used from a standby fire protection connection service in violation of this chapter, an estimate of the amount used will be computed by the water department. The customer shall pay for the water used at the regular rates, including the minimum charge based on the size of the service connection and subsequent bills rendered on the basis of the regular water rates.

   J.   Fire Service Connections Other Than Standby: A service having fire protection facilities on the premises and water for other purposes flowing through the same service connection shall be considered as an ordinary service and metered as such. All water used through that service, regardless of its use, will be charged at the regular rates.

   K.   Temporary Service Connections: For water service of a temporary nature, applicants shall be required to pay in advance the estimated cost of installation and removal of metering equipment and materials, plus a reasonable depreciation charge for the use of equipment and material furnished by the city. At the option of the water department, the applicant shall also pay his water bill in advance and based on an estimate of the quantity to be used or he shall otherwise establish satisfactory credit.

      1.   Time Limit: Temporary service connections shall be disconnected and terminated within six (6) months after installation unless an extension of time is granted in writing by the city.

      2.   Charge For Water Served: Charges for water furnished through a temporary service connection shall be at the established rates set forth in the current water rate schedule.

      3.   Installation Charge And Deposits: The applicant for temporary service may, at the option of the city, be required:

         a.   To pay the city in advance, the estimated cost of installing and removing all facilities necessary to furnish each service.

         b.   To deposit an amount sufficient to cover bills for water during the entire period such temporary service may be used, or to otherwise establish credit approved by the city.

         c.   To deposit with the city an amount equal to the value of any equipment loaned by the city to such applicant under the terms of subsection K4 of this section.

      4.   Responsibility For Meters And Installation: The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the city. If the meter or other facilities are damaged, the temporary customer shall be responsible for the cost of making repairs, including, but not limited to, a charge against the deposit fund. If the loaned materials are returned in satisfactory condition and all bills paid, the full amount of the equipment deposit will be returned to the temporary customer at the termination of service.

   L.   Customer's Plumbing:

      1.   Plumbing Code: The customer's plumbing, which shall include the customer's service line and all plumbing, piping, fixtures and other appurtenances carrying or intended to carry water, sewer or drainage, shall comply with the plumbing code of the state of Idaho.

It shall be a violation of these rules and regulations for the customer to operate, cause or permit unauthorized operation of the meter stop or any appurtenances on the service connection. (Ord. 202, 5-26-1992)

 

Notes

1	1. I.C. § 54-2601.