04-1106 City Code Water Use & Service
CITY OF MERIDIAN
ORDINANCE NO. 04- I (tlp
BY: C?ÆIVl.Ø'e /4JJvh7Ý.e¿
AN ORDINANCE REPEALING EXISTING WATER USE AND SERVICE
REGULATIONS CODIFIED AT CHAPTER 1 OF TITLE 9 OF THE MERIDIAN
CITY CODE; RE-ENACTING A NEW CHAPTER 1 OF TITLE 9 OF THE
MERIDIAN CITY CODE TO BE KNOWN AS WATER USE AND SERVICE
REGULATIONS, INCLUDING PURPOSE, DEFINITIONS, AUTHORITY,
MANDA TORY USE, APPLICATION FOR SERVICE, POINT OF LIABILITY
FOR MAINTENANCE, WATER SERVICE CONNECTIONS AND WATER
LINES, WORKMANSHIP, BACKFILLING AND SURFACE REPAIR, RIGHT
OF ENTRY FOR INSPECTIONS OR TESTING, WATER MAIN EXTENSIONS,
ASSESSMENTS AND FEES, COOPERATIVE OR REIMBURSEMENT
AGREEMENTS, BASIS FOR WATER CHARGES, WATER USER AND
EQUIVALENT CONNECTION APPRAISAL, CONNECTION TO PROPERTY
OUTSIDE OF THE CITY LIMITS, BOARD OF APPRAISERS, MONTHLY
RATES, DUE DATE FOR PAYMENT AND LATE CHARGES,
DELINQUENCIES, RESUMPTION OF WATER SERVICE AFTER TURN OFF
FOR NONPAYMENT, AUTHORITY TO AMEND REGULATIONS, WATER
FUND ESTABLISHMENT, PRIVATE WATER SYSTEMS, WATER LINE
DEVELOPMENT, ADOPTION OF WATER PLANS, PRESSURIZED
IRRIGATION SYSTEMS, NONLIABILITY FOR WATER SHORTAGES, LAWN
SPRINKLING AND USE RESTRICTIONS, LIMITATION ON LOCATION OF
POSTS, FIRE HYDRANTS, PROTECTION OF PIPES AND METERS, WASTE
OF WATER OR INJURY TO WATER SYSTEM, USER LIABILITY,
PENAL TIES, PROVIDING FOR CONFLICT, VALIDITY, SAVINGS CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1:
Chapter 1 of Title 9 is repealed.
Section 2: Title 9, Chapter 1 is re-enacted and shall read as follows:
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9-1-1: PURPOSE:
It is hereby detennined and declared to be necessary and conducive to and for the
protection of the health, safety and welfare of the public and inhabitants of the City, and
for the purpose of controlling the use and connection to, and for providing an equitable
distribution of the costs and expenses of maintenance, operation, upkeep and repair of the
entire Municipal water system which includes the water supply, water storage and water
distribution facilities of the City, to charge and collect service charges or fees upon all
lots, lands, property and premises served or benefited by the Municipal water system of
the City, which system and facilities consists generally of all wells, storage reservoirs,
transmission mains, structures, buildings, chlorination facilities, valves, service
connections, service meters, fittings, mechanical equipment and all other facilities as
required for the furnishing and distribution of water as a public system to the citizens of
the City; and to provide for the control, use and administration of the installation of
private domestic water systems where a public water system is not available. (Ord. 476,
4-21-1987)
9-1-2: DEFINITIONS:
Unless the context specifically indicates otherwise, the meanings oftenns used in this
Chapter shall be as follows:
AUTHORIZED WATER USER: Any person making authorized and proper use ofthe
Municipal water system and/or the water delivered thereby and who has made application
for water service and such application has been granted and has paid for such service,
water, and all fees required. An authorized water user may be an owner, his tenant by
lease or rental, a developer, etc.
CITY: Refers to the City of Meridian, Ada County, Idaho, or its authorized or designated
agent, representative or deputy thereto.
CITY WATER SERVICE LINE: That portion of any individual water service line that
runs from its connection with the public water main to, and including, the corporation
stop, valve box and meter that is installed in the service line. It will usually be installed
within the limits of the public right of way or utility easement and, after approved
installation, it is to be owned and maintained by the City.
EQUIVALENT CONNECTION: The service to a typical residential house on an
individual lot that is occupied by an average single-family dwelling is designated as one
equivalent connection. All other connections are prorated in relation to equivalent
connections based on the estimated usage of or benefit derived from the service.
MASTER WATER PLAN: The Master Water Plan is any document which the City of
Meridian has accepted by official action ofthe City Council which describes or otherwise
indicates an overall view of proposed future water system needs, minimum water main
sizing, and/or minimum water main spacing and routing.
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MONTH: A "month" as used herein shall mean the period between scheduled water
meter readings. The City will, as nearly as possible, schedule the water meter readings
thirty (30) days apart.
MULTIPLE BUILDING DEVELOPMENT: Includes the various types of developments
that would have common or joint ownership areas such as condominiums, townhouses,
mobile home parks or courts, shopping centers, professional offices, etc.
MUNICIP AL WATER SYSTEM: Includes all components and facilities ofthe public
water system that are owned, operated, or maintained by the City of Meridian, Idaho, for
domestic and other uses.
OVERSIZED MAIN: Any water main which is required to have a larger inside diameter
than is necessary based on the estimated flow of the service area for which the main is
being installed.
OWNER: Refers to the property owner that is served by the Municipal water system or
desires to be served by the Municipal water system.
PERSON: Any individual, finn, company, association, society, corporation or group.
PRIVATE FIRE SERVICE CONNECTION: A separate and independent connection
from the Municipal water main that connects directly to a sprinkler system or fire-control
device that has been, or is to be, installed in any building for the purpose of fire control
within the specific building and said connection is to be for no other purpose.
PRIVATE WATER SERVICE LINE: The portion of the water service line that runs from
the building being served to the point of connection with the water meter.
PRIVATE WATER SYSTEM: Any water system for domestic use that is not owned,
operated and maintained by the City of Meridian, Idaho.
PROPERTY: Refers to all property, whether privately or publicly owned, within the
service limits of the Municipal water system excluding therefrom lands that have been
dedicated for public street or highway rights of way.
PUBLIC WATER SERVICE LINE: See definition of City Water Service Line in this
Section.
SHALLIMA Y: "Shall" is mandatory; "may" is pennissive.
SPRINKLER IRRIGATION: Refers to any system for the purpose of watering lawns,
gardens, shrubs, trees, etc., as they are nonnally grown in the out-of-doors or open
spaces.
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SUPERINTENDENT: The Superintendent of the City Waterworks is the individual
appointed by the City Council to be in charge of, and oversee, the water system; he shall,
under the direction of the City Engineer and City Council, have charge ofthe Municipal
water supply system. The Superintendent's duties shall include but not be limited to:
maintenance, operation, supervision and/or inspection of all additions or modifications.
The Superintendent shall report, on a regular basis, to the City Engineer the condition of
the Municipal water system.
UNAUTHORIZED WATER USER: Any person who makes any use of the Municipal
water system or the water delivered thereby who is not an authorized water user or who
improperly or illegally uses the water system, or who causes damage or injury to the
system in any fashion.
UNIFORM PLUMBING CODE: The most currently adopted edition of the Unifonn
Plumbing Code.
WATER MAIN: Any pipe line owned by the City for the purpose of transportation
and/or distribution of water to serve more than one water service line or user. (Ord. 273,
1-6-1975, eff. 2-1-1975; amd. Ord. 374, 7-7-1980; Ord. 476, 4-21-1987)
9-1-3: APPLICATION OF CHAPTER; CITY AUTHORITY:
A. Application: The provisions of this chapter shall apply to all property within the
corporate limits of the City, and any special users outside of the corporate limits of
the City, including all property owned or occupied by the United States of America,
the state ofIdaho, and Ada County. (Ord. 273, 1-6-1975, eff. 2-1-1975)
B. City Authority: The water system for the supply ofthe City shall be under the sole
and exclusive control ofthe mayor and council, who may, from time to time, direct
the construction of such works, placing of mains, service pipes and fire hydrants, as
the necessities of the City may require. (Ord. 476, 4-21-1987)
9-1-4: USE OF CITY WATER REQUIRED:
A. Connection To City System: The owner or occupant of any house, building or
property used for residential, commercial, industrial, governmental or recreational
use, or any other purpose, situated within the City which is abutting on or having a
pennanent right of access to any street, alley or right of way in which there is located
a City water line is hereby required to cease using any other water system and at his
expense to connect such building directly with the City water in accordance with the
provisions of this chapter, within sixty (60) calendar days after the date of official
notice from the City to do so; provided, however, that said City water is within three
hundred feet (300') of any property line where said building to be served is located.
B. Disconnection Of Private System Required: At such time as the Municipal water
system becomes available to the property served by the private water system, and the
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owner or tenant connects his property to Municipal service as required, it is
mandatory that the private water supply is not connected or cross connected in any
way to the water lines served by the City water system. The disconnection of the
private water supply line shall be inspected and approved by the waterworks
superintendent or his designated representative. (Ord. 622, 10-5-1993)
9-1-5: APPLICATION FOR WATER SUPPLY:
A. Application Required: Whenever any person desires to obtain a supply of water from
the City waterworks, he shall apply to the Public Works Department for service and
agree to be governed by such rules and regulations not inconsistent with this chapter,
as may be prescribed by the mayor and City Council for the control of the water
supply.
B. Contents Of Application; Grant Of Application:
1. New Construction: The applicant must state the location, type of building, and uses
therein, and fully and truly state the purpose for which the water is to be used, and
shall furnish a set of floor plans showing all water uses and a site plan if the water is
to be used for irrigation. If the application is granted, the Public Works Department
may authorize the extension, at the expense of the applicant, and at no expense to the
City, the service pipe and meter tile, meter yoke, meter tile lid, curb stop and any
other fittings that are necessary to install service to the inside line of the curb at the
point most convenient for supplying the applicant.
2. Existing Water Service: In the case of an existing water service connection, if the
real property or improvement is sold or otherwise transferred, the person entitled to
possession shall make application to the Municipal Billing Department to transfer the
account, and shall supply the department with all infonnation requested by the
department.
3. Third Party Billing: After establishing an account for water service, a property
owner may direct that a third party, such as a property management company, or a
tenant, receive the billing for water, sewer, and solid waste collection services. The
third party to whom the billings are sent shall also execute such documentation as is
necessary to confinn the billing infonnation. In the event such an account becomes
delinquent, the Municipal Billing Department shall send a delinquency notice to the
billing recipient, and the owner, at the addresses contained in the agreements. The
City will charge a third party billing account set up fee which must be paid at the time
of the application. The fee will be set by resolution ofthe City Council. The third
party billing agreement shall also provide that the property owner remains primarily
responsible for charges assessed to the account, and further, that all unpaid charges
constitute a lien against the real property. An owner may appoint an agent, to act for
the owner, to establish an account, receive billings, or do anything else an owner may
do, or be required to do, pursuant to this code.
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C. Street Paving: In cases where street paving is contemplated, the abutting property
owners must either connect their premises with the water mains before the trench is
backfilled or pay the cost of service ITom the main to curb if made thereafter. (Ord.
03-1044,9-23-2003)
9-1-6: POINT OF LIABILITY FOR MAINTENANCE:
A. User Responsibility: All users shall have the responsibility of, and be liable for, and
shall pay for, all costs and expenses of maintaining their own water service line(s)
extending from the property improvement to a point of connection to the water meter
yoke. This point of connection may be inside or outside of the meter tile depending
on the length of the meter yoke taiL The City's responsibility for maintenance of the
individual user service 1ine(s) extends from the point of connection at the water main
to the point of connection of the yoke to the property improvement service line.
B. Damage To Water System: Responsibility for damage to the City water system is as
outlined in subsection 9-1-34B ofthis chapter.
C. Nonconflicting Provisions: This section shall not be construed to be in conflict with
section 9-1-33 ofthis chapter. (Ord. 565, 12-3-1991)
9-1-7: WATER SERVICE CONNECTIONS AND WATERLINES:
All materials and workmanship in the installation of private water service lines and
connections to the City water service line shall confonn to the following regulations:
(Ord. 273, 1-6-1975, eff. 2-1-1975)
A. Pennit Required: No person other than one authorized by the City shall uncover,
make any connections with or opening into, use, alter, or disturb any Municipal water
main, City water service line or appurtenance thereof without first obtaining a written
pennit from the City. The pennit is not to be used until all water installation charges
and fees have been paid in full. (Ord. 374, 7-7-1980)
B. Application For Pennit; Fees: To obtain Municipal water service, the owner or his
agent shall make application on a special fonn furnished by the City. The pennit
application shall be supplemented by any plans, specifications, or other infonnation
considered pertinent in the judgment of the City and requested by the City. A pennit
and inspection fee as established by resolution of the City Council shall be paid to the
City at the time the application is filed. The owner or his agent shall pay a assessment
fees to the City at the time the application is filed. The amount of the assessment fees
will vary depending on the equivalent residential unit (ERU) rating, or other rating
established by the City Engineer for the user in question. The assessment fees shall be
as established by resolution of the City CounciL (Ord. 02-967, 7-23-2002)
C. Service Line Installation: The owner may request pennission from the City to install
the water service line, including tap to the City water main, City stop valve, service
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line, valve, meter vault and cover under private contract. Such installation shall be in
confonnance with the plumbing code as adopted by the City ¡(See title 10. chapter 2
of this code). When installation of a water service line and appurtenances causes
damage to any property, public or private, other than the owner's property, the owner
shall be responsible for all repair costs including, but not limited to, repair to streets,
sidewalks, curbs, gutters, sewer lines, irrigation facilities, stonn drains, lawns, fences,
gas lines, other water mains, telephone lines and electrical lines. (Ord. 476, 4-21-
1987)
D. Old Private Service Lines: Old private water service lines may be used in connection
with new buildings only when they are found, on examination and being tested as
required by the City, to meet all requirements of this chapter.
E. Confonnance With Building And Plumbing Codes; Inspection:
1. The materials of construction of the private water service line and the methods to
be used in excavating, placing ofthe pipe, jointing, testing, and backfilling the trench
shall all confonn to the requirements ofthe building and plumbing codes as have
been or may be adopted by the City; (See title 10. chapters I and 2-ofthis code).
2. The private water service connection to the City water service line shall confonn to
the requirements ofthe building and plumbing codes as adopted by the City. (Ord.
273, 1-6-1975, eff. 2-1-1975)
3. All connections to or extensions of the service line, as previously installed by the
City, or under its authorization, shall be made in accordance with the requirements of
the Unifonn Plumbing Code for such an installation. The connection of the service
line shall be inspected by the City Plumbing Inspector before the installation is
backfilled and before the water is turned on for use at the premises. (Ord. 374, 7-7-
1980)
F. Service Line Size And Location:
1. The private water service line from the building to the connection with the City
water service line shall not be smaller than a three-fourths inch (3/4") inside diameter
pipe and shall be laid in a trench of such depth so that the minimum cover over the
pipe from the finished grade shall be three feet (3 ').
2. The alignment of the private water service line from the outlet of the building to
the City water service line shall be reasonably straight and shall be located such that
the distance between the water service line and the sewer service line shall be a
minimum of ten feet (10').
G. . Cross-Connection Prohibited: No person shall make or pennit the cross-connection of
any private water supply to a water line that is served by the Municipal water system
28 (See also Chapter 3 of this Title).
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H. Notify City For Inspection: The applicant for the City water service line pelmit shall
notify the City when the connection of the private water service line to the City water
service line is ready for inspection.
I. Excavations Guarded; Restoration: All excavations for all water service installations
shall be adequately guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property disturbed in the
course of the work shall be restored in a manner satisfactory to the City or the entity
having jurisdiction over the disturbed property.
J. Private Fire Service Connection: The installation of a private fire service connection
shall comply in all respects to the requirements for a City water service line and the
owner, or his agent, will be required to pay all costs for connection and extension of
the facility from the Municipal water main. The connection of a private fire service
connection shall be made in accordance with International Fire Code.
K. Connections Made By Plumber: The connection ofthe private water service line to
the public water service line to the Municipal water main shall be made by a plumber
holding a valid State plumber's license. (Ord. 273, 1-6-1975, eff. 2-1-1975)
L. Meter, Stop Valve And Stopcock:
I. A separate and independent City water service meter and stop valve shall be
provided for every authorized water user. (Ord. 374, 7-7-1980)
2. To each service pipe there shall be attached at the inside line of the curb a stopcock
and key box which shall be paid for by the water user and be under the exclusive
control of the Superintendent ofthe Waterworks. (1955 Code § 5-106)
9-1-8: REJECTION OF MATERIALS OR WORKMANSHIP:
The City may reject any materials or workmanship for cause and upon such, the rejected
material shall be removed and replaced with approved material. Disapproved
workmanship shall cause the removal and replacement of all materials involved,
including appurtenances such as excavations, backfilling and other work items. (Ord.
476,4-21-1987)
9-1-9: BACKFILLING AND SURFACE REPAIR:
A. Owner Responsibility; Costs: All backfilling and surface repair required by a water
service installation shall be the owner's responsibility.
B. Work Under Private Contract: When the owner has the water service installation done
under private contract, the costs for surface repair shall be the owner's responsibility
and shall not be included in any fee, charge or rate imposed by the City.
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C. Confonnance With Special Specifications; Inspection And Approval: All surface
repair and backfilling shall confonl1 to special specifications promulgated by the City
for water line installation and shall be subject to inspection by and approval of the
City, and Ada County Highway District. (Ord. 273, 1-6RI975, eff. 2-1-1975)
9-1-10: RIGHT OF ENTRY FOR INSPECTIONS OR TESTING:
A. Free access to all places supplied with water, at all reasonable hours, shall be allowed
the Public Works Director, Water Superintendent, Assistant Water Superintendent,
City Engineer, or their designee to examine the apparatus, the amount used, and the
manner of use of the same, and any water user violating any of the rules and
regulations controlling the water supply shall be subject to penalty as provided for in
Section 9-1-36 of this Chapter. (Ord. 476, 4-21-1987; amd. 1999 Code)
B. The City through its authorized representative bearing proper credentials and
identification shall be pennitted, during proper and reasonable hours ofthe day, to
enter all properties, premises or buildings to which water is furnished from the
Municipal water system for testing or for any other purpose necessary for the proper
administration of the water system in accordance with the provisions of this Chapter.
Also, the City through its authorized representative bearing proper credentials and
identification shall be pennitted to enter all private properties through which the City
holds a duly negotiated easement for the purpose of, but not limited to, inspection,
observation, repair, and maintenance of any portion of the Municipal water system
lying within said easement. All entry and subsequent work, if any, on said easement
shall be done in full accordance with the tenns of the duly negotiated easement
pertaining to the private property involved. (Ord. 476, 4-21-1987)
9-1-11: WATER MAIN EXTENSIONS:
A. Pennit Required: No extensions of service pipes shall be made without first obtaining
a pennit therefor from the Public Works Department, and each building shall have
separate service pipes.
B. Compliance With City Policies; Responsibility For Costs: All proposed extensions of
the Municipal water system to serve undeveloped areas within the existing corporate
limits, newly annexed areas or areas outside the corporate limits shall comply with
existing water system extension policies and with the overall Master Plan for the
City's Municipal water supply system. Costs for all extensions to any property shall
be the responsibility of that property owner or his agent. Cost for water service
extensions within the property for which the extension is requested shall also be the
responsibility of the owner or his agent. When it is necessary to install oversized
mains as part of an extension, the cost of all oversized lines may be the responsibility
of the owner or his agent. Such water line extensions, public or private, shall be
extended to the farthest boundary ofthe development project or property to be served
by the extension.
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C. Fire Hydrants And Service Lines: It shall also be the property owner's or his agent's
responsibilities to install all necessary fire hydrants and City water service lines for
all extensions ofthe Municipal water system at no expense to the City. Unless a
special pennit is granted by the City, all Municipal water system extensions,
including the City water service lines, to newly developing areas shall be installed
prior to the construction of any new streets.
D. Approval Of Plans: All design and construction of any extensions to the Municipal
water system shall comply with the official specifications as adopted by the City for
the water distribution system. The plans for all extensions to the Municipal water
system shall be prepared and signed by a registered professional engineer as per the
licensing requirements of the Idaho Code and said plans shall be filed with the City.
In approving a plan for extension to the Municipal water system, the City reserves the
right to stipulate other requirements such as a special pennit fee, rights-of-way limits,
sequence of construction, time limits for having existing service disrupted, the
provision of surety guaranteeing completion and other similar measures as may be
required to protect the public. No work shall commence on any such extension of the
Municipal water system until the extension project has been approved by the City and
the State of Idaho Department of Environmental Quality.
E. Certification By Engineer: After the construction of the Municipal water system
extensions, it shall be the obligation of the owner, or his agent, to have a registered
professional engineer verify to the City that the said system extensions were installed
in accordance with the approved plans and specifications on file in the office of the
City Engineer. Following certification by the registered professional engineer and
acceptance by the City, the entire extension of the Municipal water system, including
the City water service lines, shall become the property of the City and it shall be the
City's responsibility to maintain and operate the system thereafter.
F. Work Done By Contractor: The installation of all public water systems shall be
perfonned and completed by a contractor possessing a valid State ofIdaho public
works license with the proper endorsement for the work.
9-1-12: ASSESSMENT AND OTHER FEES:
A. Assessment Fees. Notwithstanding any ofthe 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, whether that construction
has been perfonned 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 monthly user charges of
Section 9-1-19 of this Chapter, an additional connection charge which shall be known
and referred to as the "water assessment fee". The water assessment fee shall be
computed on an "equivalent residential unit", or "ERU" basis.
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B. Fee Set By City Council: The water assessment fee for each parcel of ground
connected to a water main shall be established and set by the City Council. The water
assessment fee may be different for residential, commercial, and industrial uses and
may be different for differing uses within those three (3) classifications depending
upon the considerations referenced above but shall be as consistent as possible under
similar factual circumstances. The water assessment fee shall be assessed in tenns of
single-family equivalent connections. (Ord. 483,6-16-1987)
C. Meter Fee. The City shall establish and charge a meter fee from all users initiating
new water service or changing water meter size to cover the costs of the City
providing, installing and maintaining a water meter into the meter box provided by
the water user.
D. Adaptor Fee. The City shall establish and charge fee for providing the fittings
necessary to install a size of meter not equivalent to the size of the meter setter (i.e.
"yoke") previously installed by the developer, owner or user. A different sized meter
will be installed only at the request of the user.
E. Other Fees. The City shall establish and charge a fee to any user's water account for
repair of damages to the water meter and its appurtenances including, but not limited
to, the lid, padlocks, valves, and transmitters.
9-1-13: COOPERATIVE OR REIMBURSEMENT AGREEMENTS:
A. Reimbursement To Water User: Should a water user at his own expense construct an
extension to the water system, consisting of twelve (12) inch diameter or larger water
main, in a public right of way or easement with prior approval of the City and in
accordance with the standards and designs of the City and which water line extension
has been detennined by the City to be able to benefit properties other than the user's,
the water user constructing the extension may be reimbursed a portion of the costs of
extending the twelve-inch diameter or larger water line from the connection charges
collected under Section 9-1-12 of this Chapter if any of the following apply:
1. The water main extension is twelve (12) inch diameter or larger.
2. The water main extension is required to be twelve inch diameter or larger to serve
adjacent properties.
B. To be eligible for reimbursement, the user must:
1. Design the water extension in substantial accordance with the policies of the City
of Meridian and its Master Water Plan;
2. Receive City approval of the water extension construction plans;
3. Construct the water extension in accordance with approved plans and City of
Meridian standard specifications and details;
4. Solicit and receive three (3) bids for the water extension and select the lowest
responsive bid as detennined in a bid opening. The user must notify the Public
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Works Department of the bid opening forty-eight (48) hours in advance and
provide the opportunity for a Public Works Department representative to attend
the bid opening during nonnal working hours;
5. Receive preliminary plat approval from City Council for the development to be
served by the water extension. Water extensions intended to serve non-
subdivision projects, and for which the developer seeks a reimbursement
agreement, must receive approval for a reimbursement agreement from City
Council prior to construction plan approval by the City.
C. Developer Reimbursement Agreements
The City shall not be required to enter into such a reimbursement agreement and whether
or not to enter into such an agreement shall be at the sole discretion of the City Council;
provided however, that:
1. No reimbursement agreement shall have a duration greater than ten (10) years
unless the City is a beneficiary of the agreement unless extended by the City
Council.
2. No reimbursement agreement shall pay to the water user paying for or
constructing a water line extension more than one hundred percent (100%) of his
actual engineering and construction costs, it being noted that in most cases at least
some of the cost would ordinarily be assessed to the water user's own property.
3. A reimbursement agreement may provide for interest to be paid to the water user.
4. The City may charge and may receive a five percent (5%) administrative fee
against the amount reimbursable to the water user administration, accounting,
auditing, and payment of the reimbursement payments made to the water user so
extending the water line and having reached a reimbursement agreement with the
City.
5. All or a part of the water construction equivalency fee associated with the water
line constructed and paid pursuant to Section 9-1-12 of this Chapter may be set
aside and earmarked for reimbursement pursuant to a reimbursement agreement.
6. The reimbursement agreement shall be personal to the water user entering into it
and shall not be assigned without the written consent of the City, which consent
will not be unreasonably withheld.
7. The agreement will tenninate when the user has been fully reimbursed if the
agreed upon reimbursement amount is paid prior to the end ofthe tenn ofthe
agreement.
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8. The agreement shall be binding on the water user and his assigns, successors,
heirs, and executors and may be recorded as an encumbrance against the property
of the water user.
9. The water user shall be required to indemnify and hold the City hannless from
any and all liability whatsoever until the water line has been accepted for
maintenance by the City.
10. Said lines, after acceptance, shall become part of the City water system and be the
sole property of the City.
D. Methods of Reimbursement
Depending on the amount to be reimbursed to the water user, the agreement will include
one or more of the following reimbursement mechanisms:
I. A portion ofthe water assessment fees owed or paid by the user as required under
9-1-12(B).
2. Reimbursement of a portion of the water system assessment fees received by the
City from others that connect to the water main adjacent to the user's property or
project.
E. Amount of Reimbursement
1. Section-Line Road Water Main Extensions. For water main extensions, twelve-
inch diameter or larger, in section-line roadways, the reimbursement amount shall
be based on the actual construction cost, and may include reasonable engineering,
surveying, construction staking, license agreement, and project management
costs. The allowable reimbursement percentages are:
Table 1. Reimbursement for Water Main Construction in Section-Line Roadways
Reimbursement Percentage
50%
90%
or Project
2. On-site Water Main Extensions. For water main extensions on-site that are ten-
inch diameter or larger, the reimbursement amount shall be based on the
percentages in the following table:
Table 2. Reimbursement for On-Site, Over-sized Water Main Construction
Water Main Size, Inches Reimbursement Percentage
10 28%
12 40%
14 Evaluated on an Individual Basis
Water Use and Service Revision Ordinance
Page 13 of 29
16
Evaluated on an Individual Basis
F. Reimbursement To City: Where the City constructs a water line extension, either on
its own or in conjunction with another person or entity, the City may establish a fee
such that the City is reimbursed for its costs of construction, engineering, legal costs
and interest. (Ord. 483, 6-16-1987)
9-1-14: BASIS FOR AUTHORIZED WATER USER CHARGES:
A. System Established: There is hereby established a system of periodic service charges
and fees for the authorized use of, and for service rendered by the Municipal water
system of the City, and which charges and fees shall be as near as possible, unifonn
as to the different users served by said Municipal water system. The rates, charges
and fees provided by this chapter are hereby levied and assessed against the
authorized water user or owner, and his property, having any water service
connection with the Municipal water system ofthe City.
B. Property Subject To Charges: It is specifically enacted that all improved property in
the City to which the Municipal water system is available, but is not used by the
owner or occupier of said parcel ofland, is still subject to user charges under the
provisions of this chapter to cover the cost of standby fire protection facilities and
other benefits. (Ord. 476, 4-21-1987)
9-1-15: WATER USER AND EQUIVALENT CONNECTION APPRAISAL:
Each user and parcel being subject to water user charges as provided for hereinabove
shall be appraised and assessed for the purpose of establishing the equivalent connection
rating and the monthly service charge or fee, to be charged or assessed to and against the
property. In making such appraisement and assessment, there shall be taken into
consideration the estimated volume of water to be used, the unifonnity of the use ofthe
water, the standby benefits of the water system for fire protection and for other factors so
as to as nearly as possible fix the rate, charge or fee upon the same relative basis as is
imposed upon other like property within the City that has the Municipal water service
available. (Ord. 476,4-21-1987)
9-1-16: CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS:
In order to obtain Municipal water system service to parcel(s) which are either partially
or entirely outside of the corporate City limits the following provisions must be complied
with:
A. There shall be an application fonn which shall provide that the applicant will agree to
the tenns and conditions required by this section as a consideration for obtaining such
service. The City Council shall establish an application fee by resolution or as
Water Use and Service Revision Ordinance
Page 14 of 29
recommended by the Public Works Director given the amount of staff review
required for processing the application. The application fonn shall specify the legal
description of the parcel(s) for which service is being applied, the name and address
of the legal owner(s) ofthe parcel(s) and purpose ofthe requested service.
B. A completed application must be filed with the public works department.
C. Following the filing of an application and the payment of the application fee, the
Public Works Director shall then review the circumstances presented by the
application in accordance with the tenns and conditions and regulations of this
chapter as are relevant to the application and which shall also include a review of the
effect the granting of the application will have on the ability of the Municipal water
system to provide an acceptable level of service to developed parcels with existing
service within the City limits which shall not be compromised.
D. The Public Works Director, or his designee, shall then review the findings and
recommendations with the applicant for conunent.
E. The Public Works Director shall then submit the application and a report of
recommendation(s) to the City Council regarding the application.
F. The City Council, in the exercise of its discretion may either grant or deny the
application after review of the application and the report ofrecommendation(s) of the
Public Works Director.
G. In the event the council grants the application it shall include as a condition that the
legal owner(s) of the parcel(s) shall enter into an "Agreement for the Extension of
Domestic Water Service Outside the City Limits" (hereinafter in this section referred
to as the "Agreement") which agreement fonn shall provide that the legal owner(s) of
the parcel(s) agree that the provisions of the City's ordinances, regulations, and
policies, and inspection fees, which appertain to the regulation, control and use of its
domestic water system including hookup, service fees as apply to tenns ofthe
"agreement" and which fonn shall also provide that the owner(s) of the parcel(s)
agree to the annexation into the City of the parcel(s) serviced; and the council may
also impose such other conditions of granting the application as are reasonable to
assure the protection of the level of service to developed parcels within the City limits
and to assure that the proprietary funds of the City domestic water service are not
used for the extension and/or enlargement of the system which conditions shall also
be included in the "agreement".
H. The water user of the parcel(s) serviced pursuant to a granted application under this
section shall be considered a user and subject to the tenns and conditions ofthe
"agreement" so long as the property being served remains outside of the corporate
limits of the City.
Water Use and Service Revision Ordinance
Page 15 of29
I. Notwithstanding subsection E of this section, if the requested connection is for a
residence, or a multi-family residence not exceeding four (4) residential units, and if
water service is readily available to the affected parcel without extension of service,
then, if the Public Works Director deems it in the best interests of the City to do so,
said connection may be authorized by the Public Works Director without action by
the City Council. Ifthe director declines to approve the connection, the request will
proceed to the City Council for final decision. (Ord. 01-910,2-27-2001)
9-1-17: BOARD OF APPRAISERS:
A. Board Created: There is hereby created the Board of Appraisers, consisting of three
(3) members, to be the same persons as the Mayor, the City Clerk and the Public
Works Director.
B. Duties: The Board of Appraisers shall be delegated the duty of hearing any disputes,
objections or appeals by a sewer user regarding assessment fees, monthly user
charges or other fees established by this chapter.
9-1-18: PURPOSE OF MONTHLY WATER USER CHARGE:
The monthly water user charge is established to cover operation and maintenance costs of
the system, and to provide a fund to pay for repairs and replacements of the system,
increase efficiencies, meet State ofIdaho or federal requirements, or redemption of bonds
that have been used to finance system improvements, all as a part of the City's
responsibility to provide adequate domestic water service and facilities for the City. The
monthly water user charge as described herein, or as amended, shall be effective
immediately upon acceptance and passage ofthe ordinance codified in this chapter, or an
amending ordinance, and monthly user charge billing under the rates described herein
shall begin at the end ofthe first calendar month following acceptance of this chapter. For
new cmmections, the water user charge is to begin when the connection to the City
service line has been inspected and approved or within sixty (60) days after the City
service line has been installed, whichever is the earliest. (Ord. 476, 4-21-1987)
9-1-19: MONTHLY RATES:
A. User Fees:
1. All owners who receive or have the right to receive the benefit of the Municipal
water system shall, in return for said benefit, pay monthly user fees as established by
resolution of the City Council. The monthly user fee shall be based on the amount of
water used and the amount of fire and health protection provided by the Municipal
water supply system.
2. Monthly fixed cost fees and user fees shall be established by resolution of the City
Council. (Ord. 02-967, 7-23-2002)
Water Use and Service Revision Ordinance
Page 16 of29
3. Each owner will pay a monthly user fee based on the quantity of water used. Each
owner shall pay, as full compensation for the benefits derived from the Municipal
water supply system, the fees as established by resolution ofthe City Council. Should
an owner request a City water service Jine to be disconnected, for any reason, there
shall be no fee paid to the City. However, the owner must request the City to place
the line back in service. There will be a charge as established by resolution of the City
Council associated with the reactivation of the existing service line. All monthly
water rates will be charged against the property for which the City water service line
is installed. The owner of record is liable for that amount, which must be paid before
the water service is resumed. In the event an owner leaves an unclaimed balance in
his account, that amount shall be kept for six (6) months after which time it shall
revert to the enterprise fund of the City.
B. Fees For Water Use:
1. The fees for water use shall be as established by resolution of the City Council.
2. In case a water meter fails to correctly register the water used, the owner shall pay
for the water on the basis of the average reading of the meter for the previous three
(3) months. Water meter installation fees shall be as follows:
a. For all meters installed, the fee shall be set by the Board of Appraisers. All
installed meters shall be property of the City.
b. Meter adapter and radio-read transmitter units fees as established by resolution
ofthe City Council.
C. Private Fire Service:
1. Available only on flat rate when used for fire protection only; owner .to install all
lines to the City mains at their expense. All connections to be supervised by the City
and to confonn to City requirements and the Unifonn Plumbing Code. The flat rate
fees shall be as established by resolution ofthe City Council. (Ord. 02-967, 7-23-
2002)
2. All private fire service lines shall be equipped with sealed gate valve or thennal
automatic openings.
3. Private fire service lines shall be used for fire control only. Any other use is
unlawful.
D. Number Of Equivalent Residential Units Per Use: Assessment fees for new water
users, other than single-family residential, shall be based on the number of equivalent
residential units (ERU's) listed in Table II, unless other acceptable means of
detennining ERU's are used. Other acceptable means may include the Unifonn
Water Use and Service Revision Ordinance
Page 17 of 29
Plumbing Code "fixture unit" method or examination and analysis of historical
consumption records of similar facilities within or outside the City of Meridian.
TABLE 3. Equivalent Residential Units
Classification
Apartment
Bank
Bar
BARBERSHOP, PER CHAIR
Beauty salon, per operator station
Bowling alley, per lane
Cafe, per customer seating capacity
Car dealer
Car wash (to be computed on an individual basis)
Church
Club, private
Condominium
Dentist, per practitioner
Department store (per 3,000 square feet)
Doctor, per practitioner
Drugstore
Dry cleaners
Duplex
Fourplex
Garage (minimum)
Grocery store
Hospital, per bed
Industry (see major or minor contributing industry)
Laundries
Commercial (to be computed on an individual basis)
Self-service up to and including 10 washing
machines
Each washing machine in excess of 10
Water Use and Service Revision Ordinance
Page 18 of29
Number Of Minimum
ERU's ERU's
See Multiple Living Unit
2
2
0.5
0.5
0.2
0.1
2
1.0
1.0
1.0
2.0
xxx
2
2
See Multiple Living Unit
1
1
1
2
2
See Multiple Living Unit
See Multiple Living Unit
2
See Retail Food Store
0.15
xxx
4
0.25
Lodge or private club
Major contributing industry (as per separate
agreement)
Minor contributing industry (as per separate
agreement)
Mobile home court or park
First space
Each additional space, long tenn tenant type
Each additional space, short tenn tenant type
Mobile home or trailer house on own premises
Motel. hotel. roomin!! house. etc.
With cooking facilities
First unit
Each additional unit
Without cookin!! facilities
First unit
Each additional unit
Multiple liviD!! unit
Studio or 1 bedroom
2 bedrooms
3 or more bedrooms
Office building for each 2,500 square feet of gross
floor space or fraction thereof
Photo development lab
Railroad depot
Restaurant, per customer seating capacity
Retail food store for each 1,500 square feet of gross
floor area or fraction thereof
Retail store for each 3,000 square feet of gross floor
area or fraction thereof
Schools per each 50 students in average daily
attendance or fraction thereof
Service station
Full service
Gas and restroom service only
Water Use and Service Revision Ordinance
Page 19 of 29
2
xxx
xxx
1
1
1
1
1
0.5
1
0.25
1
1
1
1
2
2
0.1 2.0
1
I
1
4
2
With car wash (to be computed on an individual
basis)
xxx
Single-family residence
1
Swimmine pool
Private, for each 500 square feet of pool water
surface area
Public (to be computed on an individual basis)
0.25
xxx
Tavern
Theater
Townhouse
2
2
1
Trailer court or park
First unit
Each additional space, long tenn tenant type
Each additional space, short tenn tenant type
1
0.75
0.5
Triplex
Variety store, for each 3,000 square feet of gross
floor area or fraction thereof
See Multiple Living Unit
1
E. Pass Through Charge To User: The United States Environmental Protection Agency
has required the State ofIdaho to test drinking water and the State ofIdaho through
the Department of Environmental Quality, has passed the cost of such testing down to
local governmental and private water suppliers. The City must pass the cost of such
testing to the water users. Therefore, each water user shall be charged a monthly
water assessment of twenty five cents ($0.25) until the Department of Environmental
Quality amends or retracts this testing charge. (Ord. 743, 9-17-1996)
9-1-20: PAYMENT OF USER CHARGES; LATE FEE:
All water charges shall be due and payable to the Municipal Billing Department fifteen
(15) days after the date of the billing statement. Upon failure to pay the same, within the
time allowed, the water user shall pay, in addition to the amount due, a late payment
penalty as set by resolution of the City Council. (Ord. 03-1044, 9-23-2003)
9-1-21: DELINQUENCIES; CITY PROCEDURE:
A. Tennination Of Service; Notice: Each month the Municipal Utility Billing
Department shall furnish each water user a statement of the amount due for water and
Water Use and Service Revision Ordinance
Page 20 of 29
sewer and other charges for the preceding month or up to the time that the meter has
been read; and if any water user does not pay the billing within fifteen (15) days from
the date of the statement, the water user's account shall be delinquent. Water users
shall be notified by regular mail of this delinquency and if the bill is not paid in full
within ten (10) days after service of this notification on the water user, the right to
water shall cease and tenninate unless the owner requests a pretelmination hearing.
Should the water user not request a pretennination hearing, or if an adverse decision
is rendered against the owner after a pretennination hearing, the City may require the
owner to pay the delinquent water bill attributable to the use, plus a turn on charge as
a condition of resumption of water service, and in the event the water meter has been
removed, a fee must be paid as a condition of resumption of water service. No
allowance will be made for nonuse for less than one month. All corrections as to the
charge and all abatements shall be made under the direction of the Mayor and City
Council and shall be certified by the Finance Director.
B. Right To Hearing:
1. The City, in its delinquency notice to all water users and owners, shall infonn them
in writing of their right to a pretennination hearing, with such hearing to be held with
the due process protection described below. If a pretennination hearing is requested
by any water user, the City will not discontinue water service to any water user prior
to a fair and impartial hearing, after timely and adequate notice and an opportunity to
confront witnesses, to personally appear with retained counsel to be judged on facts
adduced at the hearing and to otherwise be heard and defend the claim made by the
City. The City Council shall have the responsibility of holding pretennination
hearings. The City Council shall make a record of all pretennination hearings. The
City Council shall render its decision in writing, giving the reasons for its
detennination. In decisions adverse to the water user, the City Council will infonn the
water user ofthe right to appeal the decision pursuant to the Idaho State
Administrative Procedures Act J (IC § 67-5201 et seq).
2. Provided, however, the City shall not initially deny or discontinue water service to
any water user because of any delinquent water bill on that premises that is
attributable to the prior owner. However, any and all unpaid water charges shall be a
lien against the property as provided below. The City may initially deny water service
to any water user who requests service at a new location when that water user has a
delinquency at any previous location or premises. Provided, further, that the City
shall not initially deny water service to any water user for whatever reason without
infonning the water user of the right to a hearing before the City Council on the issue
of whether the City can initially deny water services. In the case of an initial denial of
water service, the City is not required to provide water service pending a hearing.
However, a hearing upon request of a water user initially denied water service shall
be held as expeditiously as possible and held in the manner and accordance with the
procedures for pretennination hearings delineated above.
Water Use and Service Revision Ordinance
Page 21 of 29
(.
C. Lien Imposed: Where allowed by law, all delinquent charges or fees, as provided by
this section, not paid after the final detennination of the delinquent account, shall be
imposed as a lien against and upon the property or premises against which such
charge or fee is levied or assessed; and the City Clerk shall, at the time of certifying
the City taxes, certify such delinquencies together with all penalties to the tax
collector of Ada County, and when so certified, the same shall be a lien upon the
property. All monies collected by the clerk under the provisions of this section shall
be paid over to the City Treasurer in the same manner as is required for the payment
of other City monies.
D. Security Deposit: Upon application for new service, or upon reconnection for existing
service which was tenninated for nonpayment, the City may require a water user to
pay a deposit in an account to be detennined in accordance with policies established
by resolution of the City Council. (Ord. 03-1044, 9-23-2003)
9-1-22: TURNING ON WATER AFTER TURN OFF FOR NONPAYMENT:
If any person, after the water has been turned off from the premises on account of
nonpayment of fees, or for failure to pay other charges assessed to the owner, or for other
violation of the rules and regulations pertaining to the water supply, shall turn on or
pennit to be turned on, or use or pennit the water to be used without authority, he shall be
subject to the penalties provided for in section 9-1-36 ofthis chapter. (Ord. 476,4-21-
1987)
9-1-23: AUTHORITY TO AMEND REGULATIONS:
Nothing herein contained shall prohibit the Mayor and Council from amending, altering,
or adding to the provisions of this chapter in relation to the water supply or the rules of
same which may be adopted in confonnity therewith. Provided, that no alteration in water
rates shall apply to any charge upon, or contract made with, an owner under this chapter
until after the expiration of the time for which such charge was made or contract entered
into. Hereafter when, and/or if, the Mayor and City Council deem it advisable to alter the
water or installation rates or charges as in this chapter recorded, such changes shall be
made by resolution. (Ord. 476, 4-21-1987)
9-1-24: WATER FUND:
All fees and charges received and collected under the authority of this chapter shall be
deposited and credited to a fund to be designated as the Water Fund within the utility
Enterprise Fund. The accounts of said fund shall show all receipts and expenditures for
the maintenance, operation, upkeep and repair of the domestic water system and any
payments into a sinking fund established for the purpose of paying principal of and
interest on the water indebtedness of the City which shall from time to time be
outstanding. As provided by law, when budgeted and appropriated, the funds and credits
to the account of the Water Fund shall be available for the payment ofthe requirements
for the maintenance, operation, repairs and upkeep of the domestic water system of the
Water Use and Service Revision Ordinance
Page 22 of 29
City, and to the extent legally available, for payment into a sinking fund established for
the payment of the principal and interest on any water bond indebtedness of the City
which shall from time to time be outstanding. (Ord. 03-1044, 9-23-2003)
9-1-25: PRIVATE WATER SYSTEMS:
Where the Municipal water system is not available under the provisions of this chapter, a
private water system may be installed; provided, that the system complies with all the
provisions of this chapter. (Ord. 273, 1-6-1975, eff. 2-1-1975)
A. Pennit Required; Fee: Before commencement of construction of a private water
system, the owner shall first obtain written pennit from the City. The application for
said pennit shall be made on a fonn furnished by the City, which the applicant shall
supplement by plans, specifications and other infonnation as may be deemed
necessary by the City. Review and inspection fees shall be established by resolution
ofthe City Council. (Ord. 273, 1-6-1975, eff. 2-1-1975; amd. 1999 Code)
B. Inspection Of System: A pennit for a private water system shall not pennit the use of
the system until the installation is completed to the satisfaction of the City. The City
shall be allowed to inspect the work at any stage of construction and, the applicant for
the pennit shall notify the City when the work is ready for various inspections, and
before any underground works are covered. The applicant shall be responsible for
payment of all applicable inspection fees prior to issuance of a building pennit.
C. Compliance With State Regulations: The type, capacities, location and layout of a
private water system shall comply with all of the rules and regulations and
recommendations of the State of Idaho Department of Environmental Quality. (Ord.
273, 1-6-1975, eff. 2-1-1975)
D. Mandatory Connection With City Water When Available: The owner or occupant of
any house, building or property used for residential, commercial, industrial,
governmental or recreational use, or other purpose, situated within the City which is
abutting on or having a pennanent right of access to any street, alley or right of way
in which there is located a City water line is hereby required to cease using any other
water system and at his expense to connect such building directly with the City water
in accordance with the provisions of this Chapter, within sixty (60) days after the date
of official notice from the City to do so; provided, however, that the City water is
within three hundred feet (300') of any property line where said building to be served
is located. At such time as the Municipal water system becomes available to the
property served by the private water system, and the owner or tenant connects his
property to Municipal service as required, it is mandatory that the private water
supply is not connected or cross-connected in any way to the water lines served by
the Municipal water system. (Ord. 476, 4-21-1987)
Water Use and Service Revision Ordinance
Page 23 of 29
E. Conduct Of Private System; Health And Safety: The owners shall operate and
maintain the private water facility in a manner conducive to public health and safety
at all times, and at no expense to the City.
F. Provisions Additional To State Regulations: No statement contained in this Section
shall be construed to interfere with any additional requirements that may be imposed
by the State of Idaho Depmiment of Environmental Quality or Department of Health
and Welfare. (Ord. 273, 1-6-1975, eff. 2-1-1975)
9-1-26: WATER LINE DEVELOPMENT:
The primary cost and responsibility for water line development shall be that of the owner,
subdivider or developer. It shall be the owner, subdivider or the developer's responsibility
to purchase and lay water lines from the present water supply to the proposed project and
to the boundary of the project farthest from the original water supply line, including
frontage roads. (Ord. 476, 4-21-1987)
9-1-27: WATER PLANS ADOPTED:
The City shall, from time to time and as necessary, update the water system master plan
in order to provide adequate water supply to the City of Meridian.
9-1-28: PRESSURIZED IRRIGATION SYSTEM Seeaho subsectiou 12-5-2N of this
Code.30:
A. System Required; Waiver:
1. In addition to the requirements of this Chapter pertaining to the domestic water
system and its use, every residentially zoned lot, parcel or piece ofland upon which a
residential unit will be constructed, after the effective date hereof, shall construct,
install, or connect to a pressurized irrigation system. In the case of residential
subdivision developments, a pressurized irrigation system shall be constructed and
installed at the same time as the domestic water lines, but not in the same trenches.
There shall be no cross-connections between the domestic water lines and the
irrigation water lines that do not comply with Chapter 3 of this Title.
2. Provided, however, the requirements of this Section may be waived upon proof that
any particular lot, parcel or piece of land does not have water rights in an existing
irrigation district.
B. Standards: The City Engineer is hereby authorized and directed to establish standards
for pressurized irrigation systems and all pressurized irrigation systems shall comply
with those standards. However, those pressurized irrigation systems under the
ownership and operation and maintenance responsibility of an irrigation district shall
comply with the standards ofthat irrigation district. (Ord. 516,10-3-1989)
Water Use and Service Revision Ordinance
Page 24 of29
C. Joint-Use Connection OfIrrigation And City Systems:
1. No subdivision, or building, lot, or parcel ofland located within that subdivision,
which subdivision, building, lot, or parcel ofland, has a common landscape
sprinkler irrigation system being supplied landscape irrigation water ITom a
source other than the City's domestic water system, shall be allowed to also
connect its landscape sprinkler irrigation system to the City's domestic water
system as a secondary source for "shoulder season" use. Provided however, all
buildings, lots, or parcels of land, within the subdivision com1ected to the
common landscape sprinkler irrigation system may be allowed one joint-use point
of connection to the City's domestic water system which connection shall have an
approved backflow prevention device. This joint-use connection shall only be to
provide irrigation water during the time when the common landscape irrigation
system has no supply of water. However, a joint-use com1ection shall not be
allowed if the subdivision, building, lot or parcel is supplied irrigation water from
a ground water well. The off-on control valve of this joint use connection shall be
under the control ofthe Water Superintendent. (Ord. 570, 3-3-1992; amd. 1999
Code)
2. Fees: For water assessments on irrigable common areas included in a
subdivision, the applicant must pay the portion of the water assessment fee
designated for City water supply and storage.
9-1-29: CITY NOT LIABLE FOR SHORTAGE:
The City shall not be held liable for damage to any person or property by reason of
stoppage or other interruption ofthe water supply, caused by scarcity of water, lack of
pressure, accident to works or mains, alterations, additions, or repairs or from other
unavoidable causes. (Ord. 476, 4-21-1987)
9-1-30: LAWN SPRINKLING AND WATER USE RESTRICTIONS:
A. Lawn And Garden Sprinkling:
1. Sprinkling To Cease During Fire: The City may curtail non-domestic use of water
during a state of emergency, as detennined by the Public Works Director. No
fountain attachment shall be of greater than three-fourths inch (3/4") in diameter
unless otherwise approved by the City Engineer, and there shall be a stopcock to each
fountain attachment and the same shall be under the control of the Superintendent of
Waterworks. Any person violating any of the provisions of this Section shall, upon
conviction thereof, be subject to penalty as provided in Section 9-1-36 of this
Chapter.
Water Use and Service Revision Ordinance
Page 25 of 29
(
2. Sprinkling Hose Size: In any time of scarcity of water, whenever it shall, in the
judgment of the Mayor and Council be necessary and they shall so direct, the Mayor
shall, by proclamation, limit the use of water for other than domestic purposes; and in
his/her discretion provide that lawn sprinklers and hydrants shall be used only on
alternate days in certain designated localities and any person violating the provisions
of this Section or of any proclamation made by the Mayor of the City shall, upon
conviction thereof, be subject to penalty as provided in Section 9-1-36 of tIns
Chapter. (Ord. 476, 4~21-1987)
B. Water Use Restricted: Watering troughs for animals shall not be allowed a constant
flow of water but shall be allowed to use such quantity as shall supply the actual
needs of the stock having access thereto, nor shall continuous streams of water be
pennitted to flow from hydrants, faucets, or stops over wash basins, water closets, or
urinals. (1955 Code § 5-115)
9-1-31: POST HOLE DIGGING:
No utility poles, or other posts shall be located within four feet (4') of any water service
pipe, nor within six feet (6') of any main pipe. (1955 Code § 5-118; amd. 1999 Code)
9-1-32: FIRE HYDRANTS:
A. Authority To Operate; Obstructing Access: It shall be unlawful for any person, except
one duly authorized by the City, to open, close, operate, turn on, turn off, interfere
with, attach any pipe or hose to or connect anything with any fire hydrant or auxiliary
valve belonging to the City. Further, it shall be unlawful for any person to obstruct
the access to any fire hydrant by placing any fence, stone, brick, lumber, dirt, or other
material within five feet of the fire hydrant as measured horizontally in any direction.
It shall be unlawful for any person to willfully or carelessly injure any fire hydrant.
(Ord. 273, 1-6-1975, eff. 2-1-1975)
B. Damaging Hydrants: Any person who shall willfully or carelessly run any vehicle
against a fire hydrant, or draw or attempt to draw water therefrom shall be deemed
guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine
and costs, and be liable for all damages done to said hydrant. (1955 Code § 5-138;
amd. 1999 Code)
9-1-33: PROTECTION OF PIPES AND METERS:
All water users shall keep their pipes, connections and other apparatus in good repair and
protected from frost at their own expense. All water users shall provide and maintain a
four (4) feet by four (4) clear access, centered on the water meter lid, to the water meter
serving their lot. However no person, except under the direction of the Superintendent of
Waterworks, shall be allowed to dig into the street or sidewalk for the purpose oflaying,
removing or repairing any service pipe. (1955 Code § 5-108)
Water Use and Service Revision Ordinance
Page 26 of29
9-1-34: WASTE OF WATER OR INJURY TO WATER SYSTEM:
A. Waste Prohibited: It shall be unlawful for any water user to waste water or allow it to
be wasted by imperfect water stops, valves or leaky pipes that are not tmder the
jurisdiction of the City, or to pennit the malicious or willful consumption of water,
having no beneficial use. The City, based on meter readings, will make a
detennination of where water has been wasted and shall notify the user of that
detennination. It shall then be the user's responsibility to make the necessary repairs,
or to institute actions that will correct the situation within ten (10) days of the City's
notification to the user. All costs incurred, including the cost of wasted water and any
repairs shall be the responsibility of the user and ifit is necessary that the City correct
the situation or make repairs, the cost and charges therefore may be assessed and
added to the owner's water bill.
B. Damage Or Injury To System:
No person shall maliciously, willfully, or negligently break, damage, destroy,
uncover, deface, or tamper with any structure, pipe line, fire hydrant, fitting
connection appurtenance or equipment which is a part of the Municipal water system.
(Ord. 273, 1-6-1975, eff. 2-1-1975)
9-1-35: USERS LIABLE FOR VIOLATION:
If any owner shall pennit any person from any other premises, or any unauthorized user
to use or obtain water from his premises or water fixtures, whether inside or outside of
his buildings, the water supply of such owner may be cut off; and such unauthorized
person shall, for taking said water, be liable to a fine, plus costs. Any user or owner
suspected of having violated the provisions of this Chapter, other than nonpayment of
user fees, assessments, or charges for repairs, shall be notified of the violation and be
notified that ifthe violation is not corrected within ten (10) days, the Water
Superintendent shall shut off his water; provided however, in the event of an emergency,
the Water Superintendent may shut off the water without notification. (Ord. 476, 4-21-
1987)
9-1-36: PENALTIES:
A. Notice Of Violation; Responsibility For Remedy: Any person found to be violating
any provisions of this Chapter, other than for nonpayment of a water bill, shall be
served by the City with a written notice stating the nature ofthe violation and
providing ten (10) days for the satisfactory correction thereof. The offender shall,
within the period oftime stated in such notice, pennanently cease all violations and if
necessary make all corrections and repairs to the system or pay for same if the City
has to make the correction or repair. (Ord. 476, 4-21-1987)
B. Penalty Imposed; Discontinue Service: Any person who shall continue any violation
beyond the time limit provided for in this Section, shall be guilty of a misdemeanor
Water Use and Service Revision Ordinance
Page 27 of29
and, on conviction thereof, shall be subject to penalty as provided in Section 1-4-1 of
this Code, and shall have his water service tenninated. Each day in which such
violation shall continue shall be deemed a separate offense. (Ord. 476, 4-21-1987;
amd. 1999 Code)
C. Liability To City For Loss Or Damage: Any person violating any of the provisions of
this Chapter shall become liable to the City for any expense, loss, or damage
occasioned the City by reason of such violation and, for other than nonpayment of
water bill violations, may have their water supply tenninated after the above ten (10)
day notice period has expired.
D. Cumulative Penalties: These penalties shall not be construed to be exclusive but shall
be cumulative of, and in addition to, any other penalties provided for in this City
Code or the Criminal Code of the State of Idaho. As an example, a person stealing
water could be criminally charged with theft or a person injuring the water system
could be criminally charged with malicious injury to property. For all criminal
violations relating or pertaining to the water system, the notice provisions provided
for in this Chapter shall not apply. (Ord. 476, 4-21-1987)
SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 4: VALIDITY: The Meridian City Council hereby declares that any
section, paragraph, sentence or word of this Ordinance as adopted and amended herein be
declared for any reason to be invalid it is the intent of the Meridian City Council that it
would have passed all other portions of this Ordinance independent of the elimination
herefrom of any portion as may be declared invalid.
SECTION 5: SAVINGS CLAUSE: This Ordinance does not affect an action or
proceeding commenced or right accrued before this Ordinance takes effect.
SECTION 6: DATE OF EFFECT: This ordinance shall be in full force and effect
after its passage, approval and publication, according to law.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
?~- day of tJc:h:?~, 2004.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
5~ day of t)é//z; ~ , 2004.
ATTEST:
e Weerd
"--',-,
Water Use and Service Revision Ordinance
Page 28 of 29
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An Ordinance ofthe City of Meridian lìy: .~ G..{3.ð~ ;.J.1I.,~ity Clerk
First Reading: I ¿J - '!!) -- CJ 4--- ~ '<>-1 ., 15 . fY~ .~::;:-
Adopted after first reading by suspension '[w,thÇ<PbMerãt 6oUow'èd pursuant to Idaho Code
50-902: YES ';<: NO 1"','/1;<::,;;\\\1"
Second Reading:
Third Reading:
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City Clerk 9-
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STATE OF IDAHO,)
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County of Ada.
)
On this ::>-+h day of Ocd-c 6er ,2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and
WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of
the CITY of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the da~.Md year first above written.
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Water Use and Service Revision Ordinance
Page 29 of 29
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.e. § SO-901(A)
CITY OF MERIDIAN ORDINANCE NO. 04- II tJ b
PROVIDING FOR REPEAL AND RE-ENACTMENT OF WATER USE AND SERVICE
REGULA TIONS.
This ordinance of the City of Meridian repeals Chapter I of Title 9 of the Meridian City Code
concerning Water Use and Service regulations, and re-enacts a new Chapter 1, Title 9. The new
chapter contains purpose, definitions, jurisdiction, mandatory use, how application for service is
made and processed, detennines where City liability for water service lines begins and ends,
regulates water service connections and water lines, workmanship, backfilling and surface repair,
right of entry for inspection, water main extensions, assessments and fees, cooperative or
reimbursement agreements, how water charges are calculated, water user and equivalent
connection appraisals, when service can be extended outside of the City limits, when charges are
due and when late charges may be assessed, effects of delinquent accounts, turn off of water
service for nonpayment, establishment of a water fund within the enterprise fund, regulates
private water systems, regulates pressurized irrigation systems, limits City liability for shortages,
regulates lawn sprinkling and water use restrictions as well as post locations, provides for fire
hydrants, protects water meters and pipes, prohibits the waste of water, makes users liable for
violation of the ordinance and provides penalties for violations.
A full text ofthis ordinance is available for inspection at City Hall, Ci~ of Meridian, 33 East
Idaho, Meridian, Idaho. This ordinance shall þ~Hom~1 effective on the 5... day of Oc/tJ ~
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2004. ",\\\~ Or- MEJ:yf/'III""
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Mayor and City Council"ê' r: (Qú ,cfj 0 f
By: William G. Berg, Jr., City Clerk -:-~. 6~ '8]' 1£\ . ~-!!',::.-::-
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First Reading: / tP - S - tJ 4---,'1/, - -'¡I\\"""
Adopted after first reading by suspension ofthe Rule as allowed pursuant to Idaho Code 50-902:
YES )G NO
Second Reading:
Third Reading:
Z:\Work\M\Meridian\Meridian I 5360M\Ordinances City Hall\2004 Ord\Water use and service Sum Ord October 2004,doc
Water Use and Service Regulation Revision Summary
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