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374 Water System Billing 217 ORDINANCE NO. 374 AN ORDINA~CE AMENDING TITLE V, CHAPTER 1, ENTITLED WATER SYSTFM OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, BY CHANGING CERTAIN DEFINITIONS AND ADDING TWO DEFINITIONS AND RESTRUCTURING THE ORDINANCE SUCH THAT THE OWNER OF THE PROPERTY SERVED BY THE WATER SYSTEM IS BILLED AND PAYS FOR SUCH WATER SERVICE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idahb have concl uded that it is in the best interest of said City to amend Titl e V-; Chapter 1, by changing certain definitions and adding two definitions and restructuring the Ordinance such that the owner of the property served by the water system is billed and pays for such water service, I NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, Section 1. That the following definitions are hereby added to Section 5-102 of Title V, Chapter 1, and shall read as follows 5-102 (T) AUTHORIZED WATER USER: Any person making any use of the municip~l water system and/or the water delivered there-by and who has made 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. (U) 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. Sectioh 2. That the following sections and subsections of T~tle V, Chapter 1, are hereby amended to read as follows: 5-102 (I) OWNER: Refers to the property owner that is served by the Municipal Water System or desires to be served by the Municipal Water System. 5-105 APPLICATION TO WATER SUPERINTENDENT FOR SERVICES: Whenever any owner desires to obtain a supply of water from the City Waterworks, he shall make application therefor in writing to the Superintendent of the Waterworks and sign an agreementt~overned by such rules and regUlations not inconsistent with this Chapter, as may be prescribed by the Mayor and Council for the control of the water supply. Applica~t must state the location, kind of building, and the entire area of the ground to be supplied, and fully and truly state the purpose for which the water is to be used. Whereupon, if the application is granted, the Superin- tendent of the Waterworks shall be authorized to extend, at the expense of the -City, the service pipe to the-inside line of the curb, at the point most conven- ient for supplying the applicant. In cases where street paving is contemplated, the abutting property owners must either connect their premises with;the water mains before the pavement is laid, or pay the cost of service from main to curb if made thereafter. I 5-112 USERS LIABLE FOR VIOLATION: If any owner shall permit 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 the amount paid therefor for- feited; and such unauthorized person shall for taking said water be liable to a fine, plus costs. Where two (2) or more persons or premises are supplied by the same service pipe, the failure on the part of either party to comply with this Chapter shall warrant the Superintendent of Waterworks in withno1ding the supply of water through said service pipe until a separate service pipe with ~topco~k and key box is put in for each of said customers. 5-177 CITY NOT LIABLE FOR SHORTAGE: The City corporation shall not be held liable for damage to any person by reason of a stoppage or other interruption of his water supply, caused by scarcity of water, accident to works or mains, alterations, additions, or repairs or from other unavoidable causes. 5-119 (A) No person other than one authorized by the City shall uncover, make an) corrections with or opening into, use, alter, or disturb any municipal water main, City water service line or appurtenance thereof without first obtaining a written permit from the City. The permit is not to be used until all water installation chdrges and fees have been paid ir full. 218 5-119 (M) A separate and independent City water service meter and stop valve shall be provided for every authorized water user. 5-121 INSPECTION: All connections to or extenstions of the service line, as previously instatled by the City, or under its authorization. shall be made in accordance with the requirements of the State of Idaho Plumbing Code for such an installation. The connection of the service line shall be inspected by the City Defore the installation is backfilled and before the water is turned on for use at the premises. 5-124 WATER MAIN EXTENSIONS: All proposed extensions of the municipal water system to serve undeveloped areas within the existing corp- orat~ 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 necessnry to install oversized mains as part of an extension, the cost of all oversized lines will be the responsibility of the owner or his agent. 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 of the municipal water system at no expense to the Clty. Unless a special permit is granted by the City. all municipal water system extensions. including the City water service lines, into newly developing areas shall be installed prior to the construction of any new streets. All design and construction of any extensions to the municipal water system shall comply with the official specifications as adopted by the City and 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 Id~ho;-Code and three (3) copies of the 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 permit fee. fights of way limits. s~quence of construction. time limits for having existing service disrupted. the filing of a performance bond and other similar measures as may be required to protect the public. No work shall commence on any such extension or Lhe lIIunicipal water system until the extension project has been approved by the City. I 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 certify to the CUy that the said system extensions were installed in accordance with the approved plans and specifications on file in the office of the City Clerk. FOllowing certification by the registered professional engineer and acceptance by 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. If it is necessary for the City to provide a City water service line after the extension has been accepted by the City, the owner, or his agent, shall be required to pay the hookup fee and standard installation charge as well as the standard permit and inspection fee. I 5-125 BASIS FOR AUTHORIZED WATER USER CHARGES: There is hereby established a system of periodic service charges and fees for the 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, uniform as to the different users served by said municipal water system. The rates, charges and fees provided by this Ordinance are hereby levied and assessed against the authorized water user haVing any water service connection withlhe municipal water system of the City. 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 of land, is still subject to user charges under the provisions of this Ordinance to cover the cost of standby fire protection facilities and other beneh ts. 5-128 BOARD OF ApPRAISERS: There is hereby created a Board of Appraisers consisting of three (3) members, to be the sallle persuns as the Commissioner of Water. the Clerk. and the Engineer of the City. The Board of Appraisers shall be confirmed by the City Council and all Board of Appraiser's decisions shall be subject to approval of the City Council. I , .'[~; ~:~ 219 I 5-131 MONTYLY RATES: All owners who receive or have the right to receive the benefit of the ctty's municipal water system shall, in return for said benefit pay monthly user charges as described below. The monthly user charge shall be based on the amount of water used and the amount of fire and health pro- tection provided by the municipal water supply system. The owners of all property within the Corporate Limits, which property is within one hundred feet (100') of the municipal water supply system, and all water users outside the Corporate Limits shall pay a minimum monthly user charge. The minimum monthly user charge for all users shall be based on one equivalent connection per single family resident. All other water service connections shall be prorated as to the number of equivalent service connections assigned to that water user by this Ordinance or as determined by the Board of Appraisers and will be computed on an individual basis. Any user having more than one classification of use shall be charged for the sum of the classifica- tions~' (This Section in no way affects or change~ Section 14 hereinbefore set forth) . The minimum rn<:mt/ily user charge shall be Two Dollars and 75/100 ($2'.75) per equivalent connection. Any owner which has a total equivalent connection rating less than one shall pay a minimum monthly user charge for one full equivalent connection. Any owner which has an equivalent connection rating greater than one shall pay a minimum monthly user charge that is the product of that user's equivalent connection rating multiplied by two dollars and 75/100 ($2.75). i.e., A laundry having twelve (12) machines would have an equivalent connection rating of: (4.00) + (2) (.25) = 4.50 and a subsequent minimum monthly user charge of; (4.50) ($2.75) = $12.38 All money extensions shall be totaled upward to the nearest' figure di~isible by five cents (.05~). Each owner will pay a monthly user fee based on the quantity of water used and the Schedule of Water Use Fee in Table Ill. Each owner shall pay, as full compensation for the benefits derived from the municipal water supply system, the minimum monthly user fee or the monthly user fee, .whi chever is greater. Shoul d an owner request a City water service line to be disconnected, for any reason, there shall be paid to the City a disconnection fee of five dollars ($5.00). I The owner must request the City to place the line back in service. There will be no turn-on charge 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 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 General Fund of the City. - The owner of the property serviced shall pay for the monthly user charge and such owner will be billed for such monthly user charge. (Ord. 273, 1-6-75, eff. 3-1-75) CHARGES FOR WATER AND INSTALLATION: The charges for water shall be as followSI In all cases, the minimum charge shall be two dollars seventy-five cents ($2.75) per month for residential use and three dollars ($3.00) per month for business use. Non resident shall be charged a monthly user charge wh~~h shall be d6uble the rate of a similar user who is entirely within the corporate limits of the City. Minimum Charge Maximum Size of Meter Per Month Ga llons Per Mohth 5/8'-inch $ 2.75 withi n City 1 ,000 Gallons 5/8 inch $ 3.00 business* 2,000 Gallons 3/4 inch $ 3.65 4,000 Gallons' 1 inch $ 5.25 5,000 Gallons 11/4 inch $ 7.00 7,000 Ga 11 ons 11/2 inch $ 10.50 12,000 Ga 11 ons 2 inch $ 16.80 21,000 Gallons *Basiness first unit, 1 to 75 $3.00 per unit or Table III, whichever is greater. Any larger sizes shall be set by the Board of Appraisers at the time service is requested. Where more water is used during the month than the maximum amounts as 220 herein set forth, the charges shall be: Table III shall apply. In case a water meter fails to register shall pay for the water on the basis of previous three (3) months. Water meter follows: correctly the water used, the owner the average reading of meter for the installation charges shall be as For all meters i nsta 11 ed the charge shall be set by the Board of Appra isers:', All installed meters shall be the property of the City of Meridi'an. Water hookup (Ord. 344, 6-19-79) $300.00 per unit PRIVATE FIRE SERVICE: 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 supervi sed by the City of Meri di an and to conform to City requi rements and City Plumbing Codes. I Size of Line Cha rge per month 1 1/2 inch $ 2.75 2 inch 5.00 3 inch 5.00 4 inch 6.75 6 inch 11.65 8 inch 16.50 10 inch 26.50 All prtvatp Fire service lines shall be equipped with sealed gate valve or thermal automatic openings. PrivaLe Fire service lines shall be used for fire control only. Any other use is unlawful. It shall be noted here in Section 2 of this Ordinance thatrem9.ining portions and subsections of Section 5-131 are intentionally not set'forth here for the reason that no changes or amendments are being made to said portions and subsections of 5~131 'and reference shall be made to Title V, Chapter 1, Section 5-131 in regard to the contents thereof. 5-132 USER CHARGES; WHEN DUE AND PAYABLE: All water charges shall be due and payable to the Clerk between the first and tenth day of each calendar month for the billing from the preVf6us month. Upon failure to pay the same, as prescribed, each owner shall pay, in addition to the amount due, a fine of ten dollars ($10.00). (Ord. 174, 1-6-75, eff. 2-1-75) 5-133 REGARDING DELINQUENCY: The City Clprk shall furnish to each property owner on the first of each month a statement of the amount due for water for the preceding month or up to the time that the meter has been read; and if any owner neglects to pay his water rent by the tenth day of the month, or shall fail or refuse to pay the water rates charges against him, the water user's account shall be delinquent. Owners 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 owner, the right to water shall cease and terminate unless the owner requests a pre-termination hearing. Shoul d the owner not request a pre-termi nati on heari ng orifar1 adverse '-. decision is rendered against the owner as a result of the pre-termination hearing, the City may require the owner to pay the delinquent water bill attributable to his own use, plus a ten dollar ($10.00) turn-on charge~as a condition of receiving watpr service again, and in the event the water meter must be removed, an additional twenty-five dollar ($25.00) fee must be paid as a condition of receiving water service again; Any owner not using water after the first of the month, or in case a meter is used after the meter has been read, must report the same to the City Clerk and have the water shut off, and if he fails to do so, the full amount for said month must be paid. No allow- ance will be made for non-use for less than one month. All corrections as to charge and all abatements shall be made under the direction of the Mayor and Council arid shall be certified by the City Clerk, and all water rents must be paid by the owner of the property upon which the same is used and not by the tenants thereof. I The City, in its delinquency notice to all owners shall inform in writing all owners of their right to a pre-termination hearing, with such hearing to be held '221 With the due process protection described below; and will not discontinue water service to any owner!s property prior to a fair and impartial hearing, after time~y 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, if a pre-termination hearing is requested by any owner. The City Council shall have the responsi bi 1 ity of hol ding pre-terminati on heari ngs. The City Council shall make a record of any pre-termination hearing. The City Council shall render its decision in writing, giving the reasons for its determination. In decisions adverse to the owner, the City Council will inform the water consumer of the right to appeal the decision pursuant to the Idaho State'Administrative Procedures Act. I Provided, however, the City shall not initially deny or discontinue water service to any owner 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 owner who requests service at a new location when that owner has a delinquency at any previous location or premises. Provided, further, that the City shall not initially deny water service 'to any owner for whatever reason without informing the owner of the right to a hearing before the City Council on the issue of whether the City of Meridian 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 an owner initially denied water service shall be held as expeditiously as possible and held in the manner and accordance with the procedures for pre;;:;termination hearings d~lineated above. All delinquent charges or fees, as provided by this Section not paid after the final determination 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 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. (Ord. 338, 5-7-79) 5-134 AUTHORITY TO AMEND REGULATIONS: Nothing herein contained shall pro- hibit 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 conformity 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. (Res. 55, 12-3-73) Section 3. WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. DATED this 7th day of July, 1980. I APPROVED: ATTEST: ~Q4UE0(?M44-J ~Cl~rk cc: Sterling Codifiers AIC Minutes File