HomeMy Public PortalAboutTitle 8, Chapter 02- Water ServiceTITLE 8 IONA CITY CODE
CHAPTER 2 (Revision: February 29, 2024) Page 199
CHAPTER 2 Water Service
SECTION:
8-2-1: Purpose
8-2-2: Definitions
8-2-3: City to Have Exclusive Management and Control
8-2-4: Exclusivity of Water System
8-2-5: City Not Liable for Damages
8-2-6: Right to Turn Off Water
8-2-7: Mayor may Limit Use of Water
8-2-8: Water Meters
8-2-9: Equivalent Domestic User (or “EDU”) Classification
8-2-10: Inspection of Premises
8-2-11: Inspection of New Construction
8-2-12: Installation and Maintenance
8-2-13: Required Permits
8-2-14: Extension of Water Mains Within City
8-2-15: Extension of Water Mains Outside City
8-2-16: Customer Extension of Water Main
8-2-17: Arrangement of Service Pipes
8-2-18: Branch Service
8-2-19: Customer Line Maintenance
8-2-20: Fire Service Connection
8-2-21: Fire Hydrants
8-2-22: Water Service Outside City
8-2-23: Customer Accounts
8-2-24: Water System Connection Fee
8-2-25: Water System Capital Improvement Fund
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8-2-26: Disbursement of Funds
8-2-27: Front Footage Connection Fees
8-2-28: Monthly Water Service Fee
8-2-29: Seasonal Water Service Charge
8-2-30: Multiple Service
8-2-31: Water Rates Outside City
8-2-32: Service Charges
8-2-33: Billing Administration
8-2-34: Waste Prohibited
8-2-35: Tampering Unlawful
8-2-36: Unlawful Contamination or Cross-Connections
8-2-37: Backflow Prevention Assemblies and Devices
8-2-38: Termination and Restoration of Water Service
8-2-1: PURPOSE. The purpose of this Chapter is to:
(A) Establish reasonable rules and regulations for the operation of the Water Department.
(B) To establish reasonable fees to be charged to customers receiving Water Service and
provide fair, orderly, and efficient procedures for collection and termination of delinquent
accounts.
(C) To establish a fair and equitable means of having persons who hook into and receive a
direct and immediate benefit from existing Water System by requiring them to participate
in the capital cost of water mains fronting upon their property and which have been
constructed at taxpayer expense or from revenues derived from the operation of the Water
System.
(D) To establish a fair and equitable charge for the actual cost of materials and labor expended
by the City whenever City crews install infrastructure to provide Water Service for a
Customer.
(E) To protect the public health and welfare by controlling cross-connections or other sources
or potential sources of contamination to the City water supply.
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(F) To provide a clean, efficient and adequate water system for the residents of the City.
(Ord. 229-05-19, 5/21/2019)
8-2-2: DEFINITIONS.
(A) Certain terms used in this Chapter shall have the meanings ascribed below:
(1) APPLICANT: Any person who owns Customer Property
and, who (with respect to such Customer
Property) desires to become a Customer
and/or a Water User.
(2) BACKFLOW: The flow other than in the intended
direction of flow, of any non-potable
waters, foreign liquids, gases or harmful or
offensive substances into the City water
supply as a result of reduced, negative, or
back pressure.
(3) BACKFLOW PREVENTION
ASSEMBLY:
An apparatus that prevents Backflow that
is on the most current list of approved
backflow prevention assemblies certified
by the University of Southern California
Foundation for Cross-Connection Control
and Hydraulic Research.
(4) CLASSIFICATION: The classification of a Customer Property,
as specified in Section 8-2-9 of this Code,
for purposes of determining how many
Equivalent Domestic Users (or EDUs) are
associated with such Customer Property.
(5) CONNECTION FEE
CALCULATION DATE:
The date of any calculation of the Water
System Connection Fee undertaken
pursuant to Section 8-2-24 of this Code.
(6) CROSS-CONNECTION: Any physical arrangement whereby the
City water system is connected or
potentially connected with any other water
supply system, sewer, drain, conduit, pool,
storage reservoir or any other source of
water supply which contains or may
contain contaminated water, chemicals,
sewage or other waste or liquids which
may be harmful to human health or which
may deleteriously affect the City water
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supply.
(7) CURB STOP: The Service Line valve owned by the City
and located near the property line of the
Customer Property.
(8) CUSTOMER: Any person who owns Customer Property
to which Water Service is actually
provided.
(9) CUSTOMER LINE: The water pipe, valves, and fittings laid on
the Customer Property from, but not
including, the Water Meter or (if there is no
Water Meter) the Curb Stop to the place,
location, building, structure, and/or
improvement provided with Water Service,
that is physically capable of being provided
with Water Service, or to which an
Applicant or Customer seeks to have Water
Service provided.
(10) CUSTOMER PROPERTY: The parcel of land on which is located any
place, location, building, structure, and/or
improvement provided with Water Service,
that is physically capable of being provided
with Water Service, or to which an
Applicant or Customer seeks to have Water
Service provided.
(11) EQUIVALENT DOMESTIC
USER (or EDU):
A hypothetical Customer Property with
needs for Water Service equivalent to one
residential unit.
(12) EQUITY BUY-IN
METHODOLOGY:
The methodology for calculating Water
Service Connection Fees as set forth in this
Chapter.
(13) EXISTING CUSTOMER: Any Customer whose Service Line was
connected to the Water System prior to the
relevant Collection Fee Calculation Date.
(14) FRONTAGE: The side of a parcel of land abutting on a
public street from which primary
pedestrian access to the street is made.
(15) GROSS SYSTEM VALUE: The total cost to duplicate all System
Assets including all design, engineering
and construction costs associated
therewith; minus any accrued depreciation
on the System Assets; plus all System Cash
Revenues held in the City Water System
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Capital Improvement Fund, all as
determined according to generally
accepted engineering and accounting
practices.
(16) MONTHLY WATER SERVICE
FEE:
The monthly fee charged pursuant to
Section 8-2-28 of this Code for Water
Service.
(17) MONTHLY WATER SERVICE
RATE:
The monthly charge per EDU for Water
Service, which shall be specified from time
to time by Resolution of the Council.
(18) NET SYSTEM VALUE: The Gross System Value minus any
Outstanding System Indebtedness.
(19) NEW CUSTOMER: Any Applicant or Customer who connects
a Service Line (or who desires to connect a
Service Line) to the Water System after the
relevant Collection Fee Calculation Date.
(20) OPEN HOSE: The use of water through a hose without a
nozzle or other pressure-limiting device or
assembly.
(21) OUTSTANDING SYSTEM
INDEBTEDNESS:
The aggregate unpaid principle balance of
any indebtedness attributable to any bond
or loan secured, obtained or issued by the
City for the purpose of constructing
System Assets, or for the purpose of
enlarging, expanding or rehabilitating such
improvements as such indebtedness exists
at the time of any Connection Fee
Calculation Date.
(22) SERVICE CHARGE: The charge specified in Section 8-2-32(A)
of this Code.
(23) SERVICE LINE: The water pipe, valves, and fittings laid
from a Water Main to the Water Meter (if
present on the particular Customer
Property), or (if there is no Water Meter on
the particular Customer Property) the Curb
Stop.
(24) SYSTEM ASSETS: All of the Water Mains, Service Lines,
distribution lines, water lines, water pipes,
connections, Curb Stops, Water Meters,
water tanks, water pumps, backhoes, motor
vehicles, equipment, inventory, supplies,
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insurance, agreements, water rights and
permits, and other real or personal property
of any kind together with other
appurtenances owned or operated by the
City, used (in whole or in part) for the
purpose of providing domestic or culinary
water to Customer Property or for the
purpose of providing the operation and
maintenance of such property.
(25) SYSTEM CAPACITY: The total number of Equivalent Domestic
Users (or EDUs) that may be reasonably
and prudently served by the Water System
at the time of a Connection Fee Calculation
Date, as calculated and determined in
accordance with sound and generally
accepted engineering principles.
(26) SYSTEM CASH RESERVES: All cash revenues and reserves held or
controlled by the City in the City Water
System Capital Improvement Fund.
(27) SYSTEM ENHANCEMENTS: Any improvement, expansion, increase in
capacity, or enhancement of any System
Asset or any new System Asset added to
the Water System installed, purchased, or
otherwise acquired solely for the use of the
Water System.
(28) WATER DEPARTMENT: The City’s Public Works Department.
(29) WATER MAIN: Water pipe, valves, and fittings laid in a
street, road, alley, or easement within the
City or within an easement controlled by
the City or pursuant to a permit or license
issued to the City.
(30) WATER METER: A water meter, i.e., the device (of whatever
configuration) that measures water flow
and/or usage, as well as its enclosure,
valve, and related appurtenances.
(31) WATER SERVICE: The supply and provision of water from the
Water System.
(32) WATER SYSTEM: All of the System Assets necessary to
properly supply, provide, and distribute
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domestic or culinary water to Customer
Property.
(33) WATER SYSTEM BOND: Any bonded indebtedness issued for the
purpose of constructing, enlarging,
rehabilitating, or expanding the capacity of
the Water System.
(34) WATER SYSTEM LOAN: Any loan, the proceeds of which were used
to construct, enlarge or increase Water
System capacity or to rehabilitate any
portion of the Water System.
(35) WATER USER: Any person—regardless of whether such
person is a property owner, landlord,
tenant, agent, or otherwise—who receives
Water Service or who has the ability to
receive Water Service on a Customer
Property.
(Ord. 215-08-17, 8/15/2017); (Ord. 216-10-17, 10/17/2017); (Ord. 229-05-19, 5/21/2019);
(Ord. 293-08-23, 8/15/2023).
8-2-3: CITY TO HAVE EXCLUSIVE MANAGEMENT AND CONTROL. The City
shall have exclusive control and management of the Water System and shall have exclusive
management and control of the supply and distribution of water to the inhabitants thereof. The
City may make such rules and regulations as are necessary for the complete management, control,
distribution, and supply of water within and without the City.
(Ord. 229-05-19, 5/21/2019).
8-2-4: EXCLUSIVITY OF WATER SYSTEM.
(A) Granting of Franchise Prohibited. No person shall be granted any franchise or permit to
furnish or supply any inhabitant within the boundaries of the City any water for domestic
or culinary use or for sprinkling of lawns and gardens within any portion thereof where the
Water Mains have been extended or may hereafter be extended so as to supply said property
with water.
(B) Private Emergency Wells. Notwithstanding the foregoing, each property or lot within the
City may construct one private emergency well, subject to the following provisions:
(1) Definition of Emergency. As used in this section, “emergency” means any sudden
and unforeseen condition in relation to the Water System that constitutes a clear
and present danger to life, health, or property. “Emergency” specifically does not
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include any condition precipitated by intentional actions of the City taken in
accordance with the provisions of this Chapter, including (but not limited to)
Section 8-2-6, 8-2-7, and 8-2-33.
(2) Restrictions. Every private emergency well shall be subject to the following
restrictions:
(a) The well is only for use in an emergency and may not be connected to the
primary building on the property to provide water for domestic or culinary
uses, including the irrigation or sprinkling of lawns, gardens, or plants.
(b) The well may not be connected in any way to the Water System.
(c) Because the well may not be considered an accessory or other use of
property, the property on which the well is located must be located in a zone
that specifically allows for private wells (e.g., as a permitted use or
conditional use, subject to other applicable law) and the well itself must
comply with all applicable zoning requirements (for example, setbacks).
(d) The well must comply with all applicable laws, including the regulations of
the Idaho Department of Water Resources and the Idaho Department of
Environmental Quality.
(e) The property owner must obtain and maintain a permit from the City for the
well.
(3) Application for Permit. Any property owner desiring a well permit in accordance
with this subsection (B) must submit an application containing the property owner’s
name and contact information; the property’s address and legal description; the
zone in which the property is located; the name and contact information of the
person constructing the well; the details of the well itself; evidence of the property
owner’s compliance with any requirements of the Idaho Department of Water
Resources and/or the Idaho Department of Environmental Quality; a visual
depiction (or site map) of the property showing the location of the well, any
infrastructure relating to the well, utility easements on the property, other buildings
on the property, and any other details relevant to the well; consent to an initial and,
thereafter, annual site inspection of the well; and any other details necessary to
evaluate the safety of the well. A non-refundable application fee in the amount of
$100 shall be paid at the time the application is submitted.
(4) Site Inspection. Once the application is submitted, the City will conduct a site
inspection to verify the details of the application and the well’s compliance with
this subsection (B). This inspection shall be in addition to any other inspection
required under the circumstances of the well (for example, building inspections).
(5) Permit Approval and Annual Re-Inspection. After the site inspection if the City
determines that the well complies with all the requirements of this subsection (B),
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the City personnel who conducted the site inspection may approve the application,
issue a permit, and inform the Mayor and the City Clerk. After a permit is issued,
the City may inspect the well no more than annually, after providing reasonable
notice to the property owner. The failure to allow such annual inspection shall be
cause for the City to revoke the permit and require the property owner to remove
the well and completely fill in and remediate the location of the well in accordance
with state statutes.
(Ord. 229-05-19, 5/21/2019); (Ord. 253-03-21, 3/16/2021); (Ord. 261-04-21, 4/20/2021).
8-2-5: CITY NOT LIABLE FOR DAMAGES. The City shall not be liable for damages
caused by interruptions of water supply, scarcity of water, accidents to water works or mains or
during the time of alterations, additions, or repairs or for any other unavoidable causes. Nothing
herein is intended to create any private duty to any Customer or create a private right of action
against the City, on account of any failure by the City or its officers, agents, or employees to
provide water service or comply with the provisions of this Chapter.
(Ord. 229-05-19, 5/21/2019).
8-2-6: RIGHT TO TURN OFF WATER. The City may turn off water within the Water
System when deemed necessary to maintain or repair the Water System (or any portion thereof),
when ordered to do so by the Mayor or Council, or as otherwise specified in this Chapter.
(Ord. 229-05-19, 5/21/2019).
8-2-7: MAYOR MAY LIMIT USE OF WATER. In times of, or in anticipation of,
scarcity of water, or when the Water Department is unable to furnish a sufficient supply of water,
the Mayor may, by public proclamation, limit the use of water to such extent as may be necessary
for the public good. Such proclamation shall be published in two consecutive issues of the official
newspaper, or conspicuously posted in two or more public places within the City, and after such
publication or posting, the proclamation shall have the same force and effect as a City ordinance.
(Ord. 229-05-19, 5/21/2019).
8-2-8: WATER METERS.
(C) Authority to Place Meter. The City may, at its sole discretion, place a Water Meter on
any Service Line and change the method of billing from a flat rate to a metered rate.
(D) Ownership of Meters. All Water Meters installed by the City shall remain the property
of the City and may be removed or replaced by the City at any time.
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(E) Maintenance of Meters. The City shall maintain and repair all Water Meters that are
owned by the City. Where replacement, repair, or adjustment of any Water Meter is
rendered necessary by the act, neglect, or carelessness of the Customer or Water User on
any Customer Property, any expense incurred by the City thereby shall be charged against
and collected from the Customer who owns such Customer Property or Water Meter, and
Water Service may be discontinued until the Water Meter is repaired, replaced, or adjusted.
(F) Meters; Location and Access. Water Meters shall be located near the property line of the
Customer Property or within the structure to which Water Service is provided. The
Customer shall keep the area adjacent to the Water Meter free from trees, shrubbery, or
other obstructions and shall allow the City access to the Water Meter during normal
working hours of any day of the week.
(Ord. 229-05-19, 5/21/2019).
8-2-9: EQUIVALENT DOMESTIC USER (OR “EDU”) CLASSIFICATION. All
Customer Properties that are not billed at a metered rate will be subject to Classification as to the
number of EDUs necessary to provide Water Service to such Customer Property. The
Classification of a Customer Property determines the number of EDUs associated with the
Customer Property, which is used in determining the Monthly Water Service Fee for such
Customer Property due from the Customer. Customer Properties are Classified pursuant to the
following chart:
CLASSIFICATION NUMBER OF EDUs
Single Dwelling Unit (per residence, apartment unit, mobile
home, or trailer)
1.00
Assembly Hall or Lodge (no café) 1.00
Bar or Tavern (per seat) 0.06
Barber and Beauty Shops (per chair) 0.50
Bowling Alley (per lane) 0.50
Café, up to 50 seats–
(additional for each additional 25 seats)
2.00
1.00
Car Wash (per stall) 2.00
Clinic and Hospitals (no beds)
(additional for each bed)
2.00
0.50
Commercial Food Preparation 2.00
Churches (single congregation)
(additional for each additional congregation)
2.50
2.50
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CLASSIFICATION NUMBER OF EDUs
(additional for kitchen) 1.00
Garage or Maintenance Shop 1.00
Hotels and Motels
(per unit with showers)
(per unit without showers)
(additional per unit with kitchen)
0.46
0.33
0.20
Bunkhouse with showers
(without showers)
0.46
0.33
Laundromat, up to 10 washers
(additional for each additional washer)
4.00
0.30
Office, up to 20 employees
(additional for each additional employee)
1.00
0.03
Dry Store, up to 20 employees
(additional for each additional employee)
1.00
0.03
Grocery Store
(additional if butcher shop included)
2.00
1.00
Service Station with Public Restrooms
(without Public Restrooms)
2.00
1.00
Showers and bathrooms (per average person per day) 0.12
School (no cafeteria) per student and employee
(with cafeteria per student and employee)
0.03
0.05
Trailer Parks
(per Permanent Resident Trailer)
(per Overnight Trailer without showers)
(per Overnight Trailer with showers)
(Dump Station)
1.00
0.33
0.46
4.00
Swimming Pools (per average person per day) 0.06
Public Restrooms per toilet, urinal, etc. 0.10
Such chart has been taken from a user rate comparison chart, provided to the City by engineering
staff and created in accordance with generally accepted engineering principles, based on
information from the United States Geological Survey and the United States Environmental
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Protection Agency, which the Council finds to be credible and a reasonable method (in the absence
of meters) for allocating fees in relation to usage
(Ord. 229-05-19, 5/21/2019).
8-2-10: INSPECTION OF PREMISES. Free access for inspection shall, upon such
reasonable notice as the circumstances permit, be allowed to all persons authorized by the City to
enforce the provisions of this Chapter, to all Customer Property. Inspections by City or its
authorized agent may be made of any existing Customer Property. The City’s agent shall inspect
any Customer Property if there is cause to believe that a Cross-Connection exists or that a
Backflow Prevention Assembly should be installed pursuant to this Chapter. Whenever a Cross-
Connection or other source of contamination to the water supply is found, or it is determined that
a Backflow Prevention Assembly is necessary, the City shall immediately terminate Water Service
to such Customer Property and the Water Service shall not be resumed until the Cross-Connection
or source of contamination is eliminated or an appropriate Backflow Prevention Assembly has
been installed in accordance with this Chapter.
(Ord. 229-05-19, 5/21/2019).
8-2-11: INSPECTION OF NEW CONSTRUCTION. No place, location, building,
structure, and/or improvement shall be connected to the Water System unless such place, location,
building, structure, and/or improvement has been inspected by the City or its agent and found free
of any Cross-Connection or other conditions for which a Backflow Prevention Assembly is
required by this Chapter.
(Ord. 216-10-17, 10/17/2017); (Ord. 229-05-19, 5/21/2019).
8-2-12: INSTALLATION AND MAINTENANCE. All Water Mains and all Service
Lines and other connections from the Water Main up to and including the Water Meter and/or
Curb Stop shall be maintained, owned, and exclusively controlled by the City. Service Lines shall
be installed at the sole expense of the Customer served by such Service Line. Such Customer shall
also be responsible for all costs to install the Service Line and to repair damage caused by such
connection to the street, sidewalk, Service Line, Water Main, or any other public facilities or
infrastructure.
(Ord. 229-05-19, 5/21/2019).
8-2-13: REQUIRED PERMITS.
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(A) Permits and Fees. It shall be unlawful to install, alter, or connect any Water Service
without first obtaining a permit from the City and paying all of the required fees set forth
in this Chapter. Applications for Water Service shall be made at the office of the City Clerk.
(B) Permit to Excavate. No person shall dig into or under any public right-of-way, street, or
public sidewalk for the purpose of laying, removing, or repairing any Water Main, Service
Line, or Customer Line without first obtaining a permit from the City. If any private person
desires to perform any work relating to the Water System or Water Service that requires
excavation within a public right-of-way, such person shall obtain a public right-of-way
permit under Chapter 3 of this Title, in addition to any permit required hereunder.
(C) Permit to do Plumbing. No plumber or other person shall, without first obtaining a permit
from the City:
(1) make any connections to a Water Main or Service Line;
(2) make alterations in any conduit, pipe, or other fixture connecting to any Water Main
or Service Line;
(3) connect pipes where they have been disconnected; or
(4) turn water off or on at a Curb Stop supplying any premises.
(D) Permit for Lawn Sprinkler System. No person shall install, construct, or connect any
lawn sprinkler system, pump, or device to the Water System, without first obtaining a
permit therefor from the City Clerk. Such person shall pay a permit fee in the amount of
$65.00 and shall complete an application for such installation. The application shall
include:
(1) the name, address, and telephone number of the installer;
(2) if a professional installer will be utilized, the contractor’s license number of the
professional installer; and
(3) a detailed description of the lawn sprinkler system to be installed, including the
specific location and configuration of all Backflow Prevention Assemblies and
devices installed in conjunction therewith
(Ord. 89, 10/09/2002); (Ord. 177-08-13, 8/20/2013); (Ord. 229-05-19, 5/21/2019).
8-2-14: EXTENSION OF WATER MAINS WITHIN CITY. The City may extend
Water Mains within the City at City expense whenever, in the City’s sole discretion, such extension
is necessary for the health, welfare, or safety of Customers or the residents of the City, provided
however nothing herein shall require that such extension be made at City expense. The City may
require any person desiring Water Service to install a Water Main along the entire Frontage of
such person’s property at the expense of such person.
(Ord. 229-05-19, 5/21/2019).
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8-2-15: EXTENSION OF WATER MAINS OUTSIDE CITY. Water Mains shall not
be extended outside the boundaries of the City unless adequate excess water is available for such
service and the Council approves of such extension.
(Ord. 229-05-19, 5/21/2019).
8-2-16: CUSTOMER EXTENSION OF WATER MAIN. The Customer or Applicant
shall be responsible for the costs of extending the Water Main to the Customer Property, provided
however the City may by written agreement agree to collect a portion of such costs from any other
Customer who subsequently connects to such Customer-supplied Water Main.
(Ord. 229-05-19, 5/21/2019).
8-2-17: ARRANGEMENT OF SERVICE PIPES. The Service Lines must be so
arranged that the water supply to each building, place of business, or tract of land shall be
controlled by a separate curb stop placed near the property line, unless permission for a different
arrangement is first authorized in writing by the City.
(Ord. 229-05-19, 5/21/2019).
8-2-18: BRANCH SERVICE. No Service Line or connection serving more than one
Customer Property shall be made. Where an existing Service Line or connection provides service
to multiple Customer Properties, the City may terminate Water Service until a separate Service
Line or connection for each Customer Property is provided at the Customer’s expense. If the City
does not terminate Water Service to such existing services, the established rate shall be charged
for each Customer Property receiving Water Service from the existing Service Line or connection.
(Ord. 229-05-19, 5/21/2019).
8-2-19: CUSTOMER LINE MAINTENANCE. All water users shall at their own
expense keep their Customer Lines, connections, and other apparatus in good repair and in a
condition that avoids waste of water. Customer Lines that become frozen are the responsibility of
the Customer, provided the City may thaw the same and charge the Customer for the fair and
reasonable costs therefor.
(Ord. 229-05-19, 5/21/2019).
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8-2-20: FIRE SERVICE CONNECTION. All fire service connections between Water
Mains and property lines shall be installed and maintained by the City, at the expense of the owner
or occupant of the premises served, and shall be the property of the City. At the time of making
application for Water Service the Applicant shall file with the City detailed plans showing all
piping installed or to be installed for fire protection, all fire gates, automatic sprinklers, and all
other outlets, gates, or appurtenances. Each fire service connection shall have a gate valve with
an adequate valve box installed between the main and the property line of the premises served. No
fire service connection larger than six inches shall be installed without the advance written
permission of the Council. Upon receipt of such application, the City shall determine the cost for
the installation of such service, taking into consideration the length and size of pipe and the
condition of street and sidewalk, all relative to the character of service, and such cost shall be paid
by the Applicant before such installation is made. No Customer receiving Water Service shall use
a fire service connection for any purpose other than for fire protection. If the City finds a fire
connection is being used for any purpose other than for fire protection upon any premises, the
owner or occupant shall be notified and if such improper conditions are not corrected within ten
(10) days, Water Service to the entire premises may be shut off until proper adjustments are made.
(Ord. 229-05-19, 5/21/2019).
8-2-21: FIRE HYDRANTS. All public fire hydrants shall be maintained by the Water
Department. All paid or volunteer firefighters shall have free access to such hydrants. No other
person shall draw or attempt to draw any water from a fire hydrant unless such person has the
written permission of the City. The City may assess an equitable charge for water drawn from a
fire hydrant. In addition, any unauthorized use of a fire hydrant, including drawing or attempting
to draw water from a fire hydrant, is an infraction.
(Ord. 229-05-19, 5/21/2019).
8-2-22: WATER SERVICE OUTSIDE CITY. Water Service to any Customer Property
that is located outside the boundaries of the City shall not be provided unless a written service
contract has been executed between the City and the Customer or Applicant. Agreements
pertaining to Water Service for Customer Property located outside the City shall (a) specifically
reserve to the City the right to terminate such Water Service without cause at any time upon at
least thirty days’ advance written notice and (b) require that, prior to the commencement of Water
Service, the Customer or Applicant to execute for recordation a consent to annexation when the
Customer Property becomes contiguous to the City, which consent shall be recorded by the City.
(Ord. 229-05-19, 5/21/2019); (Ord. 301-02-24, 2/27/2024).
8-2-23: CUSTOMER ACCOUNTS. All fees, charges, and other amounts due under this
Chapter in relation to any Customer Property shall be the obligation of the Customer, regardless
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of whether the Customer is the actual Water User and regardless of any arrangement between the
Customer and Water User. If a Water User, who is not the owner of the Customer Property and
therefore is not the Customer, establishes an account in relation to such Customer Property, the
Water User must act as the authorized agent of the Customer and with the Customer’s written
approval.
(Ord. 229-05-19, 5/21/2019).
8-2-24: WATER SYSTEM CONNECTION FEE. For purposes of furthering the Equity
Buy-In Methodology, the City establishes a Water System Connection Fee, imposed pursuant to
this Section.
(A) Findings.
(1) The City owns and operates the municipal Water System and System Assets
necessary to provide a sanitary, efficient, and satisfactory water supply system to
Customers. The City has also established a Water System Capital Improvement
Fund into which revenues derived from the operation of the System are deposited
and from which all enterprise expenses are paid. A portion of the fund balance in
such Water System Capital Improvement Fund is comprised of System Cash
Reserves and a depreciation account sufficient to maintain the financial integrity of
the System. All the System Assets were acquired with revenues derived from
providing Water Service, ad valorem tax revenues, state and federal grants, and
private “in lieu” grants or donations.
(2) Whenever an Applicant connects to the Water System and becomes a New
Customer, he or she receives the benefit of the Net System Value. The Net System
Value is not considered in establishing the Monthly Water Service Rate or Monthly
Water Service Fee charged to Customers pursuant to Section 8-2-28 of this Code,
except to the extent necessary to pay debt service for indebtedness incurred to
construct System Enhancements.
(3) The Water System has the capacity to provide Water Service to a finite number of
Customers in terms of cumulative capacity as well as peak demand, which capacity
is a function of the limits set forth in the City’s water rights and permits, as well as
the mechanical capacity of the City to maintain satisfactory flow and pressure in
the Water System, as necessary to provide for the health, safety, and welfare of the
Customers and City residents. Whenever a New Customer connects to the System
or whenever an Existing Customer enlarges his or her Service Line, such
connection or enlargement diminishes the total capacity of the System to maintain
adequate pressure and water supply.
(4) The establishment of a System Water Connection Fee will provide a means for a
“buy-in” of system equity by New Customers who connect to the Water System or
by Existing Customers who enlarge their existing water service connections.
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(5) In Loomis v. City of Hailey, 119 Idaho 434, 807 P.2d 1272 (1991), the Idaho
Supreme Court recognized that the Idaho Revenue Bond Act (Idaho Code § 50-
1027, et seq.) authorizes collection of water and sewer connection fees as long as
such fees are allocated and budgeted in conformity with the Idaho Revenue Bond
Act and are not established primarily for the purpose of raising revenue.
Specifically, the Court recognized that a city ordinance authorizing the collection
of “equity buy-in” water and sewer service connection fees from new users based
upon a formula which defines the current value of the system and fairly apportions
a share of such value to the new user, was reasonable and did not require a new user
to pay an excessive amount such as would constitute an unlawful tax.
(6) This holding in Loomis, subsequently approved of in Viking Construction, Inc. v.
Hayden Lake Irrigation District, 149 Idaho 187, 233 P.3d 118 (2010) and North
Idaho Building Contractors Association v. City of Hayden, 158 Idaho 79, 343 P.3d
1086 (2015), forms the basis for the Equity Buy-In Methodology employed by the
City. As explained there, for cities, “the cost approach is the most feasible method
for valuation [of a municipal utility system]. Under that method, value is based
upon the estimated cost of duplicating the improvements to the real property, minus
accrued depreciation, plus the value of the land, if any.” North Idaho Building
Contractors Association, 158 Idaho at 82, n. 2, 343 P.3d at 1089, n. 2.
(7) Customers who connect to a City-owned Water Main located immediately adjacent
to their property receive a direct benefit from such Water Mains and such benefit is
directly proportional to the length of the frontage of the Water Main along their
property. Whenever such Water Mains are constructed at private expense or are
donated to the City, the City may enter into reimbursement agreements with such
private donors in order to allow such donors to recover a proportionate share of the
costs of construction of such water mains, proportional to the length of frontage
owned by such subsequent Customer along such Water Mains. However, the costs
of such privately funded Water Mains is not included in the methodology used to
calculate the Water System Connection Fee contemplated by this Chapter.
(B) Imposition of Water System Connection Fee. No Applicant or New Customer shall
connect to a City-owned Water Main, Service Line, Curb Stop, or Water Meter, nor shall
an Existing Customer enlarge an existing Customer Line or Service Line connected to a
Water Main, Curb Stop, or Water Meter, unless he or she has first paid a Water System
Connection Fee, as established pursuant to this Section, in relation to each Customer
Property to be connected or the Service Line of which is to be enlarged. Such Water
System Connection Fee shall be collected by the City Clerk at the time a building permit
is issued for any structure utilizing such connection or, if no building permit is required,
then prior to the issuance of a permit under Section 8-2-13 of this Code. The amount of
such Water Service Connection Fee shall be calculated in accordance with the
methodology set forth in this Chapter. Notwithstanding the foregoing, no Water System
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Connection Fee shall be required if the connection is made or required solely for the
purpose of providing fire protection capacity.
(C) Methodology. The amount of the base Water Service Connection Fee at any applicable
Connection Fee Calculation Date shall be calculated by dividing the Net System Value by
the System Capacity. This base Water Service Connection Fee shall be adjusted as set
forth in Subsection (D) of this Section, as applicable to the particular Customer Property
of the New Customer, or adjusted as set forth in Subsection (E) of this Section, as
applicable to an Existing Customer making any changes to their Service Line. Once the
amount of the base Water Service Connection Fee has been determined by using such
methodology, the City shall adopt a Resolution setting forth the amount of such base Water
Service Connection Fee to be charged until a new connection fee is calculated on the next
Connection Fee Calculation Date.
(D) Fee Adjustments based on Service Line for New Customers. For purposes of
calculating the Water Service Connection Fee for each Customer Property of a New
Customer, the relevant fee shall be adjusted as specified in this subsection.
(1) If the desired Service Line is one inch (or less) in diameter, no adjustment is
necessary.
(2) If the desired Service Line is more than one inch in diameter, but less than or equal
to two inches in diameter, the Water Service Connection Fee shall be increased by
the increase in cost to the City from the cost of a one-inch Service Line, as estimated
in a fair and equitable manner by the Water Department as of the date of the request.
(3) If the desired Service Line is greater than two inches in diameter, the Water Service
Connection Fee shall be increased by an amount determined by the Water
Department, with the written agreement of the Council.
(E) Fee Adjustments for Existing Customers changing their Service Line. For purposes of
calculating the Water Service Connection Fee for the Customer Property of an Existing
Customer who desires to enlarge or expand the size of his or her existing Service Line
Connection, the relevant fee shall be adjusted as specified in this subsection.
(1) The base Water Service Connection Fee for the Existing Customer’s current
Service Line is calculated in accordance with Subsection (D), above.
(2) Then, the base Water Service Connection Fee for the proposed enlarged or
expanded Service Line is calculated in accordance with Subsection (D), above.
(3) The adjusted fee is the result of the fee calculated in paragraph (E)(2), minus the
fee calculated in paragraph (E)(1), above.
(Ord. 103, 12/14/2005); (Ord. 135-9-08, 4/15/2008); (Ord. 215-08-17, 8/15/2017); (Ord. 229-05-
19, 5/21/2019); (Ord. 293-08-23, 8/15/2023).
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8-2-25: WATER SYSTEM CAPITAL IMPROVEMENT FUND. A Water System
Capital Improvement Fund is hereby established into which all revenues derived from Water
System Connection Fees collected pursuant to Section 8-2-24 of this Code shall be deposited.
Expenditures from this Fund shall be made only for the purposes set forth in Section 8-2-26 of this
Code, when authorized by the Council. In no event shall any of the revenues so collected be used
for General Fund purposes, operational expenses of the Water System (e.g., utility costs, labor
costs or administrative expense), or for any purpose unrelated to the maintenance of the Water
System or the development, expansion, or rehabilitation thereof.
(Ord. 215-08-17, 8/15/2017); (Ord. 229-05-19, 5/21/2019).
8-2-26: DISBURSEMENT OF FUNDS. Disbursements may be made from the Water
System Capital Improvement Fund for the following purposes only:
(A) Construction and installation of City water wells, water tanks, pumps, electrical panels,
water lines, and appurtenances.
(B) Construction, installation and extension of City Water Mains and Service Lines, including
costs of construction of mains with excess capacity.
(C) Payment of principal and interest on any Water System Loan, Water System Bond, or other
bond issued by the City to defray the cost of construction, extension, or betterment of the
Water System of System Assets.
(D) Reimbursement of front footage connection fees, described in Section 8-2-27 of this Code,
to any person who has constructed that portion of a Water Main for which a front footage
connection fee has been charged by the City, provided a reimbursement agreement has
been approved by the Council and executed by the person.
(E) Repair, maintenance, rehabilitation, and enlargement of any capital improvement of the
Water System or System Assets.
(F) Purchase of motor vehicles, backhoes, and other mechanical equipment used primarily for
the maintenance, repair, enlargement, or improvement of the Water System or System
Assets.
(Ord. 215-08-17, 8/15/2017); (Ord. 229-05-19, 5/21/2019).
8-2-27: FRONT FOOTAGE CONNECTION FEES. Before connecting to any portion
of a public Water Main constructed at the sole expense of a private person or entity, any person
desiring such connection shall pay, in addition to the Water System Connection Fee described in
Section 8-2-24 of this Code, a Front Footage Connection Fee of thirty dollars per foot of Frontage
of the property to be served by such Water Main. Notwithstanding the foregoing, no Front Footage
Connection Fee shall be charged to the private person who constructed such portion of the Water
Main. If any person constructs a Water Main entirely at his or her expense and dedicates it to the
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City, the City may, by written agreement, pay over to such person all Front Footage Connection
Fees collected by the City with respect to such Water Main from any other person who
subsequently connects to such water main. In no event shall such agreement extend over a period
of greater than ten years nor shall such agreement be assignable to any other party or successor in
interest.
(Ord. 215-08-17, 8/15/2017); (Ord. 229-05-19, 5/21/2019).
8-2-28: MONTHLY WATER SERVICE FEE. The City shall impose a Monthly Water
Service Fee, which shall be charged to each Customer each month in the amount computed
pursuant to this Section.
(A) Metered Rates. [RESERVED].
(B) Non-Metered Rates. The Monthly Water Service Rate, as specified by Resolution of the
Council, shall apply to all Customer Properties charged on a non-metered basis. Each non-
metered Customer Property shall be subject to Classification, as described in Section 8-2-
9 of this Code. Each non-metered Customer Property shall be charged a Monthly Water
Service Fee, which is equal to the Monthly Water Service Rate multiplied by the number
of EDUs associated with such Customer Property (as determined by the Classification).
(Ord. 89, 10/09/2002; Ord. 126, 12/18/2007; Ord. 136-10-08, 6/17/2008); (Ord. 202-02-16,
2/16/2016); (Ord. 212-06-17, 6/27/2017); (Ord. 229-05-19, 5/21/2019).
8-2-29: SEASONAL WATER SERVICE CHARGE. If, during any calendar year, more
than five head of livestock will be maintained for more than 30 days on a Customer Property or if
any nonresidential Customer Property will have more than 1/20th of an acre of lawn or cultivated
area, the Customer owning such Customer Property shall inform the Water Department in writing
on or before June 1st of each year. In addition to the regular monthly charges for Water Service,
the following annual rates shall be charged to any Customer using City water for lawn sprinkling,
irrigation, or livestock watering:
Each Customer Property on which five or more head of
livestock are maintained for more than 30 days per
calendar year (per five head of livestock or fraction
thereof)
$ 60.00
Each nonresidential Customer Property with lawn or
cultivated area measuring more than 1/20th of an acre (per
acre or fraction thereof).
$ 60.00
On or before October 1st of each year, the City Clerk shall furnish each Customer a statement of
the amount due for seasonal water service. If any Customer Property is discovered that is required
to pay a Seasonal Water Use Charge, where such Customer has not reported the seasonal water
usage as required by this Section, the Customer shall be charged a Service Charge.
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(Ord. 89, 10/09/2002); (Ord. 126, 12/18/2007); (Ord. 136-10-08, 6/17/2008); (Ord. 202-02-16,
2/16/2016); (Ord. 212-06-17, 6/27/2017); (Ord. 229-05-19, 5/21/2019).
8-2-30: MULTIPLE SERVICE. Where a single Customer is supplied with water through
more than one Service Line, charges shall be computed separately for each Service Line, unless
otherwise approved by the Council.
(Ord. 229-05-19, 5/21/2019).
8-2-31: WATER RATES OUTSIDE CITY. Monthly rates charged for Water Service
outside the boundaries of the City, whether metered or non-metered, shall be equal to the rates
charged for Water Service inside the boundaries of the City, including minimums.
(Ord. 202-02-16, 2/16/2016); (Ord. 229-05-19, 5/21/2019).
8-2-32: SERVICE CHARGES.
(A) Whenever in this chapter a Service Charge is authorized, the City may assess and collect a
Service Charge in the amount of $35.00.
(B) In place of the Service Charge specified above, the City may assess and collect a Special
Service Charge, in the amount of $52.50, which amount the Council finds, does not exceed
the actual cost to the City, for service calls which are requested on Saturday, Sunday, a
legal holiday, or during a time other than normal working hours and which are only for the
convenience and benefit of the Customer, or which are necessitated because of plumbing
which does not meet the requirements of the Uniform Plumbing Code.
(Ord. 229-05-19, 5/21/2019).
8-2-33: BILLING ADMINISTRATION.
(A) Billing Periods. All regular billing periods shall be on a calendar monthly basis. Any
Customer Property provided Water Service for any portion of a month shall be charged the
established rate for the entire month. Billings for Water Service shall commence upon the
earliest of the following to occur:
(1) Issuance of a building permit for any Customer Property.
(2) Connection of any Service Line serving the Customer Property to any Main Line,
Water Meter, or Curb Stop owned by the City.
(3) Change in the nature of the Classification for any Customer Property.
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In the event any of such events occur prior to the commencement of a calendar month or
billing cycle, the Customer shall be charged on a pro-rated basis for water service provided
until commencement of the next billing cycle.
(B) Billing Procedures. Metered accounts shall receive a billing separate from non-metered
accounts. All accounts shall be charged the Monthly Water Service Fee and such other
fees and charges as specified in this Chapter.
(C) Due Date. Bills rendered for Water Service are payable upon receipt and become past due
ten days from the date on which rendered. When the past due date falls on a Saturday,
Sunday, a legal holiday, or on a day when City offices are not open for business, the next
regular business day is considered the past due date. Bills shall be deemed paid on the date
payment is received by the City.
(D) Delinquent Accounts. Whenever a Customer’s account is not paid within forty days from
the past due date, the City Clerk shall assess a delinquency charge in the amount of $5.00
for each month the account is delinquent, which charge shall be added to any balance due.
The City may also terminate Water Service to the Customer Property of the delinquent
Customer and in such event a Service Charge shall be added to the Customer’s account
balance arising from the service to terminate such Water Service. Interest at a rate of one
percent (1%) per month shall accrue on the unpaid balance of all delinquent accounts,
including any unpaid delinquency fees or charges (including the delinquency charge and
the Service Charge to terminate Water Service to the Customer Property of the delinquent
Customer). If Water Service is terminated for delinquency, it shall not be restored until
the account is brought current and all the amounts owing are paid in full, unless a written
agreement for installment payments is approved by the Water Department (subject to
ratification at the next meeting of the Council). The Service Charge to disconnect the
Customer Property shall be payable whenever a service trip is made for the purpose of
terminating Water Service, regardless of whether Water Service is actually terminated. All
payments shall be applied first to any unpaid delinquency charges and disconnect fees, then
to accrued interest, and finally to the outstanding utility charges in the same order as the
utility charges were incurred.
(E) City Clerk to Furnish Statements. The City Clerk shall furnish a monthly statement of
the amount due for Water Service each month to each Customer. The failure of any
Customer or Water User to receive a statement shall not excuse or release the Customer
from the obligation to pay for Water Service.
(Ord. 89, 10/09/2002); (Ord. 126, 12/18/2007); (Ord. 130, 1/15/2008); (Ord. 136-10-08,
6/17/2008); (Ord. 139-13-08, 12/16/2008); (Ord. 173-04-13, 6/27/2013); (Ord. 202-02-16,
2/16/2016); (Ord. 212-06-17, 6/27/2017); (Ord. 229-05-19, 5/21/2019).
8-2-34: WASTE PROHIBITED. It shall be unlawful for any water user to waste water or
allow it to be wasted by improper use or by faulty facilities. Water is being wasted if, for example:
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water from the Water System is not being used for a beneficial purpose (as defined by the Idaho
Department of Water Resources); an extraordinary and unnecessary amount of water is being
drawn from the Water System by a Water User; or if a Water User is irrigating by any Open Hose.
If water from the Water System is being wasted by any Water User, the City may terminate the
Water Service to the Customer Property on which the water is being wasted, until the issues
causing the waste are remedied to the satisfaction of the Water Department.
(Ord. 229-05-19, 5/21/2019).
8-2-35: TAMPERING UNLAWFUL. It shall be unlawful to damage, adjust, or tamper
with any portion of the City Water System or appurtenances, whether located upon public or
private property, without having first obtained the express permission of the City. If any person
damages the Water System or in any way causes the City to expend extraordinary costs as a result
of such unlawful acts, the City may assess and collect the same from the person committing the
same, or from the parent or guardian of any minor who commits such acts. Such amounts may be
included upon the person’s regular monthly billing statement for water service as an extraordinary
service charge, and upon the person’s failure or refusal to pay the same, Water Service may be
terminated in accordance with the procedures set forth in this Chapter.
(Ord. 229-05-19, 5/21/2019).
8-2-36: UNLAWFUL CONTAMINATION OR CROSS-CONNECTION. It shall be
unlawful for any person to introduce or permit the introduction of pollution or contamination of
any kind into the City water supply system. It shall be unlawful for any person to install or maintain
any Cross-Connection within the City.
(Ord. 216-10-17, 10/17/2017); (Ord. 229-05-19, 5/21/2019).
8-2-37: BACKFLOW PREVENTION ASSEMBLIES AND DEVICES.
(A) It shall be unlawful to install, relocate or remove a Backflow Prevention Assembly without
a permit, as provided in this Section.
(B) Backflow Prevention Assemblies shall be installed by the property owner, tenant,
occupant, lessee, or other user of the Water System where the nature and extent of the
activities conducted or the materials used or stored on the premises would present a hazard
to the public health or be deleterious to the quality of the City water supply should a Cross-
Connection occur. Even though Cross-Connections may not exist at the time, Backflow
Prevention Assemblies shall be installed under circumstances including, but not limited to
the following:
(1) Premises having an auxiliary water supply;
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(2) Premises having internal cross-connections that are not correctable, or having
intricate plumbing arrangements which make it impracticable to ascertain whether
or not cross-connections exist;
(3) Premises where entry is restricted so that inspections for cross-connections cannot
reasonably be made;
(4) Premises having a history of cross-connections being established or reestablished;
(5) Premises on which any substance is handled under pressure so as to permit the entry
of any harmful substance into the Water System;
(6) Premises having pumps or devices which may affect the pressure within any line
connected to the Water System.
(C) All Backflow Prevention Assemblies shall be installed in accordance with the Uniform
Plumbing Code, as is presently adopted by the City or as may be amended hereafter. All
such assemblies shall also be installed in accordance with the Cross-Connection Control
Manual, 7th Edition, published in April 2012 by the Pacific Northwest Section, American
Water Works Association Cross-Connection Control Committee. The City Clerk shall at
all times maintain a copy of such Cross-Connection Control Manual in the offices of the
City Clerk. Such copy shall contain a certification issued by the City Clerk that such copy
has been filed for use and examination by the public.
(D) All Backflow Prevention Assemblies shall be installed by the property owner at his expense
and shall be of a type commensurate with the degree of hazard which exists or which could
exist. An air-gap separation or a reduced pressure principle backflow prevention assembly
shall be installed where the public water supply may be contaminated with sewage,
industrial waste of a toxic nature, or other contaminant which could cause a public health
hazard. In all other cases where the contaminant may be objectionable but not hazardous
to the public health, a double check valve assembly, an air-gap separation, a pressure
vacuum breaker, or a reduced pressure principle backflow prevention assembly shall be
installed. All Backflow Prevention Assemblies and the installation thereof shall be
approved by the City Plumbing Inspector or his agent or designated representative.
(E) All Backflow Prevention Assemblies installed pursuant to this Chapter, except atmospheric
vacuum breakers, shall be inspected and tested by a certified tester at the time of initial
installation, relocation, or substantial repair and annually thereafter, or more often if
deemed necessary by the City. Whenever a Backflow Prevention Assembly is found to be
defective, it shall be repaired, overhauled, or replaced at the owner’s expense. The City or
its agent shall retain adequate records of all inspections, tests, or repairs made pursuant to
this Chapter.
(F) If a Backflow Prevention Assembly is found to be necessary, the owner, tenant, occupant,
or lessee of the property shall obtain an installation permit from the City, specifying the
type and location of such assembly. It shall be unlawful to install, relocate, or remove a
Backflow Prevention Assembly without a permit.
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(Ord. 177-08-13, 8/20/2013); (Ord. 216-10-17, 10/17/2017); (Ord. 229-05-19, 5/21/2019).
8-2-38: TERMINATION AND RESTORATION OF WATER SERVICE.
(A) Involuntary Termination of Water Service. Water Service may be involuntarily
discontinued to any Customer Property only pursuant to the provisions of this Chapter.
The City may charge a Service Fee when Water Service is involuntarily terminated to any
Customer Property.
(B) Voluntary Termination of Water Service. Whenever a Customer desires to voluntarily
terminate his or her existing customer service account, he or she shall notify the City Clerk
of such desire and execute a written request for termination of Water Service. Such
Customer shall be required to pay a Service Charge before Water Service will be terminated
to the specified Customer Property. Notwithstanding any written request for termination
of Water Service, the Customer shall remain liable for any amount due and owing to the
City arising from the City’s provision of Water Service. Upon receipt of such written
request for termination of Water Service, the City shall have no obligation to refund all or
any portion of the payments made in advance by the Customer for Water Service for the
remainder of the billing cycle. In the event a Customer fails to execute or deliver such
notice request or fails to pay the required Service Charge, the Customer shall continue to
be responsible for Water Service provided to the Customer Property notwithstanding that
the Customer Property may have been sold, transferred, or conveyed to another person and
that such new owner, transferee, or recipient may have used or received the benefit of
Water Service billed to the previous owner.
(C) Temporary Termination of Water Service. Whenever a Customer desires to temporarily
terminate or shut off Water Service to any of such Customer’s Customer Property, he or
she shall notify the City Clerk of such desire and execute a written request for temporary
termination of Water Service, which shall also specify when the Customer desires Water
Service to be restored. Such Customer shall be required to pay a Service Charge before
Water Service will be terminated to the specified Customer Property. Additionally, before
Water Service is restored to the Customer Property, the Customer shall be required to pay
all of the charges, including the Monthly Water Service Fee, that would have been paid for
such Customer Property if Water Service had not been terminated.
(D) Restoration of Water Service. In any event, whenever an Applicant or Customer desires
to restore Water Service to a Customer Property that was actually provided with Water
Service at any time within the prior 12 months, the Applicant or Customer shall be required
to pay all of the charges, including the Monthly Water Service Fee, that would have been
paid for such Customer Property if Water Service had not been terminated, unless a written
agreement providing otherwise is approved by the Council.
(Ord. 212-06-17, 6/27/2017); (Ord. 229-05-19, 5/21/2019).
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(Ord. 212-06-17, 6/27/2017); (Ord. 229-05-19, 5/21/2019).