HomeMy Public PortalAboutResolution 26-93 Summary of ordinance 632 RESOLUTION NO.,26-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL,IDAHO,
APPROVING A SUMMARY OF ORDINANCE 632.
WHEREAS the Idaho Code permits publication of ordinances by publication of a
summary of the ordinance; and Ordinance 632 is both lengthy and in its legislative form
of struck-through deletions and underlined additions potentially difficult for the public to
review and understand,
BE IT RESOLVED by the Mayor and Council of the City of McCall that:
Section 1. The attached summary of Ordinance 632 is approved and shall be published in
lieu of publication of the Ordinance.
Passed and approved August 12, 1993.
11111.-dr'1./.
Laurence A. Smith, Jr.
Mayor
AT l'hST:/
Ei0c frio
Arthur J. S midt,
City Clerk
Summary of
ORDINANCE NO. 632
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE CITY WATER AND
SEWER UTILITIES; DENOTING TITLE 6 OF THE McCALL CITY CODE AS "UTILITY
SERVICES"; REPEALING AND RE-ENACTING CHAPTERS 1 AND 4 OF TITLE 8 AS CHAPTER
1, "GENERAL PROVISIONS;"CHAPTER 2, "WATER SERVICE;" CHAPTER 3, "SEWER
SERVICE;"AND CHAPTER 4, "CONTRACTS, BILLING AND COLLECTION;"ALL OF TITLE 6;
PROVIDING THAT UTILITY SERVICE RATES AND CHARGES ARE TO BE SET BY
RESOLUTION OF THE COUNCIL;AND ENACTING AS PART THEREOF A NEW
REQUIREMENT THAT ALL WATER SERVICE CONNECTIONS BE METERED BY AN INSIDE-
THE-STRUCTURE METER WITH AN EXTERIOR REMOTE READ-OUT IN AN ACCESSIBLE
LOCATION;AND PROVIDING AN EFFECTIVE DATE.
Section 1. creates title 6 of the City Code and expresses the intent that that is the proper
title in which to put all ordinances relating to City utilities.
Section 2. repeals the existing ordinances respecting the utilities.
Section 3. enacts the replacement ordinances for the ones repealed. The replacement is
the new Title 6.
TITLE VI
UTILITY SERVICES
CHAPTER 1
GENERAL PROVISIONS
SECTION:
6-1-010: defines the terms used in Title 6.
6-1-020 provides that violation of Title 6 is a misdemeanor.
6-1-030 provides various civil remedies in connection with the utilities.
6-1-040 provides that validity of any one particular part of the Title is to be considered
separately from the validity of any other part.
CHAPTER 2
WATER SERVICE
SECTION:
6-2-010: states the circumstances under which City water will be extended to new
developments.
6-2-020 requires every premises located within 300 feet of a City water main to
connect.
6-2-030: requires every separate premises to have its own separate connection.
6-2-040: prohibits connecting the City system to any other system, and restricts one
premise being supplied from more than one source.
6-2-050: specifies that when the City and an applicant contract, the Public Works
Director shall connect the premises, and sets out certain standards for the
connection.
6-2-060: spells out more specifications for the standard service connection.
6-2-070: spells out the process and rules for dealing with an application for water
service where the property is not adjacent to a City main.
ORDINANCE NO.632,re Title 6, page 1 of 5
water&sewer services and billing for same;printed July 30, 1993
6-2-080: permits the Public Works Director under certain circumstances to allow
private contractor to make the physical connection; provides for a security
deposit.
6-2-090: provides specifications for private work and for expense of future re-
laying of pipe.
6-2-100: provides specifications for owner's service connection downstream of the
meter.
6-2-110: provides for the method of getting the water turned on, and for
inspections and the like.
6-2-120: provides for installation of fire protection facilities and their inspection.
6-2-130: provides for consequences of unauthorized connections.
6-2-140: provides penalties for unauthorized connections.
6-2-150: provides that evading water shutoff by taking water from a different
connection is a misdemeanor.
6-2-160: prohibits returning of water to City system.
6-2-170: provides for inside-structure meters with outside-structure readouts, and
the procedure for accomplishing such installations both in the future and by
retrofitting. Provides that City shall pay for and perform retrofit. Provides
sanctions for refusal of owner to permit City to do the work. Provides for
protection of meters from freezing, and other installation specifications. It
assigns various responsibilities to the owner or to the City.
6-2-180: provides that Public Works Director is to notify Treasurer of new turned-
on premises, and for inspection.
6-2-190: provides for meter reading and record keeping.
6-2-200: provides that meters are the property of the City and shall not be removed
from the service except for specified purposes.
6-2-210: provides for repair of meters damaged so as to be the responsibility of the
customer, and for billing and sanctions for nonpayment.
6-2-220: limits possession and use of street keys,provides for leaving water shut
off on all premises which are newly connected with the City system, and in
the condition in which it was found in all other cases, each plumber
performing work to promptly report the status of shut-off to the Public Works
Director. Plumber to make necessary applications, and comply with this
Chapter. In case of the failure of any plumber to properly comply, the Public
Works Director may remedy, and shall back-charge the property owner, and
no water shall be turned on until charges have been paid in full.
6-2-230: prohibits irrigating or sprinkling during any fire in the City except for the
protection of property from fire.
6-2-240: provides that the water may be shut off by the City for repairs or other
necessary purposes, and the City shall not be liable for any consequential
damage. Regulates water storage and valve conditions in boilers and like
facilities. Prohibits leaving a house empty with the faucets open.
6-2-250: prohibits directing water onto sidewalks or persons, and provides
sanction.
6-2-260: prohibits waster of water, and provides sanctions.
ORDINANCE NO.632,re Title 6, page 2 of 5
water&sewer services and billing for same;printed July 30, 1993
6-2-270: prohibits any person, except the Public Works or the Fire Department, to
open, close, operate, turn on, turn off,interfere with, hose to or connect
anything with any fire hydrant, stand pipe, stop valve or stop-cock belonging
to the City. It provides that it is unlawful for any person to make any
connection with the City water supply system without proper permission.
6-2-280: makes it unlawful to obstruct ready access to any fire hydrant, to draw or
attempt to draw any water from the same, or to injure the same. In the event
that any person injures or breaks any fire hydrant, street stand pipe,public
drinking fountain or other device or thing connected with the City water
supply system, he shall at once report the occurrence to the Public Works
Department or police, with his name and address, and shall give such
undertaking as may be required of him that he will pay the costs of the repairs
or replacements thereto made necessary. Failure to so report and accept
responsibility for such injury is a misdemeanor.
CHAPTER 3
SEWER SERVICE
6-3-010 provides for having a sewer system. Requires connection where within
300' of the lot. Prohibits issuance of building permits without sewer permit.
Provides for retroactive mandatory connection. Prohibits occupancy of
structure not connected, if it should be. Makes violations a misdemeanor.
Extends mandatory connection to extraterritorial locations within 300' of line,
subject to approvals. Provides that extraterritorial connections are subject to
all fees and charges in this Chapter, and for inspection by the City.
6-3-020 provides connection procedure and for permits.
6-3-030 provides for limitation of hookups based upon treatment capacity.
6-3-040 provides procedure for service connection,permits, inspection, failure to
inspect,re-excavation and disconnection to permit inspection, compliance,
specifications, and restricts actual work to plumbers licensed in Idaho
6-3-050 prohibits dumping except at the Treatment Plant, limits dumping to
vehicles designed and constructed for the purpose,regulates vehicles, and
provides for fees and dumping tickets. The Treasurer may require a deposit
toward dumping fees. Provides for monitoring. Prohibits the flow of waste
from premises into the sanitary sewer system, surface and excessive
infiltration.
6-3-070 regulates discharge of food wastes into the sanitary sewer system.
6-3-080 regulates discharge of specified industrial wastes into public sewer
without prior approval by the City, and for notice, hearing, decision, and
sanctions in the event of violation. Provides for inspection of preliminary
treatment facilities.
6-3-090 Encourages to utilize the "water closet dams" and shower head reduction
devices referred-to in the Water Service provisions of this Title.
6-3-100 provides for inspections, and notice of violation, showing of cause,
counsel, witnesses,record of proceedings, transcripts, decisions, notice of
decisions, and judicial review, time allowed to eliminate excessive inflows,
inspection, and certification.
CHAPTER 4
CONTRACTS, BILLING AND COLLECTION
SECTION:
6-4-010: provides for application for utility service.
ORDINANCE NO.632,re Title 6, page 3 of 5
water&sewer services and billing for same;printed July 30, 1993
6-4-020: provides for a contract agreeing to pay for the utility service applied for at
the rate, at the times and in the manner specified in this Chapter;
acknowledging the right to change the rate at any time without notice and to
install meters or other devices, and for other terms of the contract.
6-4-030: provides for effective date of contract and date rates shall be charged
from.
6-4-040: provides for Water Capital Improvement Fund, Sewer Capital
Improvement Fund, and administration of funds.
6-4-050: provides for connection charges for water and sewer systems and their
setting by resolution.
6-4-060: provides for a separate standard water service connection fee for each and
every dwelling unit.
6-4-070: provides for refundable deposits for water service.
6-4-080: provides for water for building operations.
6-4-090: provides for refundable deposit refunds.
6-4-100: provides for changes as needed in water and sewer rates and charges by
resolution.
6-4-120: use of water or sewer for any part of a month shall be billed as a whole
month.
6-4-130: provides that charges for water and/or sewer service are to be billed
directly to the party or parties contracting, and in the absence of a contract, to
the party or parties occupying the premises, that charges for septage dumping
shall be billed by the Treasurer on a regular basis and amounts not paid are
subject to penalties and interest, and that the City Treasurer may require a
security deposit.
6-4-140: provides that portion of water rate fixed from time to time by resolution
of the Council shall be transferred into the Water Capital Improvement Fund.
6-4-150: provides for water turn on fee, for water turn off fee, both in the amount
set by the City Council by resolution, and that the full rate is to be charged for
the month in which service is turned on or discontinued.
6-4-160: requires responsible persons to permit Public Works Department free
access at all reasonable hours to any or all parts of buildings or premises
supplied with water, for making records,readings, and inspections of pipes,
fittings,valves, cocks, fixtures and appliances, and noting the amount of water
used and the manner in which it is used. Violation of this provision, or the
abuse, threatening or intimidation of any officer of the Public Works
Department, may result in the shutting off of the water, and the imposition of
the usual penalties, in addition to punishment for violation of this Chapter.
6-4-170: provides that the consumer shall be charged on an estimate in the event of
a broken meter.
6-4-180: provides for testing of meters and prohibits their being removed or in any
way disturbed, or the seal being broken, except in under direction of the
Public Works Director.
6-4-190: provides for response to result of tests.
6-4-200: provides that nothing in this Chapter shall affect right to discontinue
water service for nonpayment of water charges.
6-4-210: provides for due date of bills, delinquency, and penalty.
ORDINANCE NO.632,re Title 6, page 4 of 5
water&sewer services and billing for same;printed July 30, 1993
6-4-220: provides that water turned off because of delinquency shall not be turned
on until all charges are paid.
6-4-230: provides for monthly service charge set by resolution of the Council, and
for notation of the same on bills.
6-4-240: provides for claims for adjustment ,procedure, and that no one has
authority to correct or adjust any bill, except the Mayor and Council.
6-4-250: permits the City Council, at its discretion, to provide relief, for good
cause shown, to a water and/or sewer user by determining a differential
between the usual rate and the allowed rate, or by waiving a penalty, to be
reimbursed from the General Fund; and provides a procedure.
6-4-260: provides a procedure for discontinuance of water service, if an account
remains unpaid 30 days after delinquent,provides for, if properly requested, a
pretermination hearing, notices, and the right to appeal to the District Court.
Section 4. provides that this Ordinance shall be in full force and effect from and after its
passage, approval and publication as required by law.
Passed and approved July 26, 1993.
THE FULL TEXT OF ORDINANCE 632 IS AVAILABLE AT CITY HALL, 216 E.
PARK STREET, McCALL.
IC J �elfr
Laurence A. Smith
Mayor
ATTEST:
Arthur J/chmidt
City Clirk
STATEMENT OF CITY LEGAL ADVISOR
The foregoing summary is true and complete and provides adequate notice to the public.
City Attorney and Prosecutor
ORDINANCE NO.632,re Title 6, page 5 of 5
water&sewer services and billing for same;printed July 30, 1993