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A. Responsibility For Customer Equipment: The city shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer's line, plumbing or equipment, nor shall the city be liable for loss or damage due to interruption of service or temporary changes in pressure. The customer shall be responsible for valves on his premises being turned off when the water service is turned on.
B. Responsibility For Water Department Equipment: Water department equipment on the customer's premises remains the property of the city and may be repaired, replaced or removed by the water department employees at any time without consent of the customer and the city and water department shall not be liable for any damage resulting therefrom. No payment will be made to the property owner for the right to install, maintain, replace or remove city equipment on his premises. The property owner must keep vicious dogs or other animals secured or confined to avoid interference with the water department operations and maintenance.
C. Damage To City Equipment: The customer shall be liable for any damage to equipment owned by the city which is caused by an act or negligence of the customer, its tenants, agents, employees, contractors, licensees or permittees. Damage to equipment shall include, but not be limited to, breaking of seals and locks, tampering with meters, injury to meters, including, but not limited to, damages by hot water, steam, and damaged meter boxes, curb stops, meter stops and other appurtenances. (Ord. 202, 5-26-1992)
A. Operation: No person or persons, other than those designated and authorized by the water department shall open any fire hydrant belonging to the city, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this regulation will be prosecuted under applicable state and federal law. No tool other than special hydrant wrenches shall be used to operate a hydrant valve. In cases where a temporary service has been granted and the temporary service received water through a fire hydrant, an auxiliary external valve will be provided to control the flow of water.
B. Moving A Fire Hydrant: If a property owner or other party desires to change the size, type, or location of the hydrant, the property owner shall bear all costs of such changes. Any changes in the location of a fire hydrant must be approved by the city, which shall obtain consent from the local firefighting authorities. (Ord. 202, 5-26-1992)
Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of, any of the provisions of this chapter or the rules and regulations as adopted by this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall for each offense be punished by a fine as provided in Idaho state code. (Ord. 636, 11-24-2009)
No employee of the water department is authorized to suspend or alter any of the policies, rules and regulations cited herein without specific approval or direction of the city council, except in cases of emergency involving loss of life or property or which would place the water system operation in jeopardy. (Ord. 202, 5-26-1992)
A. Design Standards: All newly constructed water systems shall be designed according to the city construction and design standards as it pertains to water systems.
B. Water Systems Shall Be Dedicated To The City: All newly constructed domestic drinking water systems, constructed after the enactment of this chapter within the water service area, must be dedicated to the city, at the city's option, after the city inspects such system for compliance with the construction and design standards. Included in the public dedication of the water system, the water system owner must also provide a reasonable right of way and easement to allow for maintenance and service of the water system. (Ord. 202, 5-26-1992)
C. Conditions Of Annexation And/Or Approval Of New Development: As a condition of annexation into the city and/or as a condition of approval of new development within the city, the landowner and/or developer shall:
1. Secure suitable surface water rights adequate to satisfy all irrigation, aesthetic, amenity, or recreation needs of the proposed development and/or property proposed to be annexed. Said water rights must be valid, existing water rights recognized by the Idaho department of water resources (the "department"). If any transfer, amendment or other proceedings are required under Idaho Code or department rule or regulation for the city's use of such water, the owner and/or developer shall be solely responsible for the city's costs of completing the same and the city's costs of obtaining all necessary approvals from the department as a condition of annexation and/or development, including costs associated with mitigation;
2. Secure suitable ground water rights adequate to satisfy all ground water needs of the proposed development and/or property proposed to be annexed and transfer or assign said water rights to the city for inclusion into the city's municipal water supply system. Said water rights must be valid, existing water rights permitted or licensed by the department. If any transfer, amendment or other proceedings are required under Idaho Code or department rule or regulation for the city's use of such water, the owner and/or developer shall be solely responsible for the city's costs of completing the same and the city's costs of obtaining all necessary permits and approvals from the department as a condition of annexation and/or development, including costs of mitigation;
3. Pay for the city's costs of construction of municipal supply well(s) necessary to meet the demands of the proposed annexed property and/or new development. The city engineer shall determine the necessary location, number, and capacity of well(s) based upon the proposed development or other improvements. Said wells shall be constructed to city standards. The owner and/or developer shall be solely responsible for the city's costs of obtaining all necessary permits and approvals for such wells as a condition of annexation and/or development, including the costs of any required mitigation. The design and construction of municipal supply wells shall be reviewed and inspected by the city engineer;
a. At the option of the city, demands arising from more than one development may be served by a single well or centralized well with the costs thereof apportioned to the participating developments in proportion to their water demands.
4. Any well construction or development of ground water resources shall be prohibited within the city's municipal water service area except as may be set forth in a development agreement or by a special purpose permit issued by the building official and approved by the city council.
5. The requirements for obtaining surface water rights for irrigation, aesthetic, amenity, or recreation needs may be waived if the city determines that the landowner and/or developer is entitled to a waiver under subsection 9-4-1-9C2 of this code and that the landowner and/or developer cannot secure surface water rights by appropriation or transfer to the proposed development and/or property proposed to be annexed.
6. Nothing in this subsection shall require the transfer or assignment of a water right represented by shares of stock in a canal company. (Ord. 530, 10-18-2005)
A. Water Construction Equivalency Fee: Notwithstanding any of the provisions of this chapter, any person or property owner who has not otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a water line, drilling necessary wells, development of storage facilities or reservoirs, or construction of distribution lines whether that construction has been performed by the city, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the city water system, shall be required to pay, in addition to the required service connection charges and the monthly user charges, an additional connection charge which shall be known and referred to as the "Water Construction Equivalency Fee".
B. Determination Of Payment: In determining who has or has not paid, or contributed proportionately, toward the costs and expenses of constructing a water line, the sole factor shall be whether that user, or a predecessor in title of the user's property, has in fact, paid consideration to the city in cash, services, or in kind, for the construction of the water main or trunk line to which the user now desires to connect, which consideration is commensurate with what the user, or his predecessor in title, would have paid under this section had the user not paid or contributed previously to the cost of construction of the water line.
C. Water Construction Equivalency Fee Established By Council Resolution: The water construction equivalency fee for each parcel of ground served by the new water line shall be established and set by the council by resolution upon passage of this chapter and shall be reviewed annually and updated by resolution of the council, which shall consider the use to which the property will be put, the expected water demand, and the amount of delivery capacity of the line that will be used by the proposed use.
D. Considerations For Determination Of Water Construction Equivalency Fee: The council shall also take into consideration the amount of land that might be able to be serviced by the water line whether the land to be benefited is directly adjacent to the line or not and shall also take into consideration the cost of the engineering and construction of the line, in current dollars and shall consider the interest that could have been earned on the money used to pay for the original water line. The water construction equivalency fee may be different for residential, commercial, and industrial uses and may be different for different uses within those classifications depending upon the considerations referenced above and may also vary as to whether the property to be served is within or outside the city limits. (Ord. 202, 5-26-1992)
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