476 Amdmt to Water Ordinance'l i
APPROVED:
OR, GRANT P K N FORD
ATTEST:
ORDINAPdCE N0. 476
AN ORDINANCE AMENDING THE WATER ORDINANCES OF THE CITY OF
MERIDIAN BY REPEALING SECTIONS 5-101, 5-102, 5-104, 5-105,'
5-110, 5-111, 5-112, 5-113, 5-114, 5-116, 5-117, 5-119, 5-120,5-122,
5-12~}', 5-124A, 5-125, 5-126, 5-127, 5-129, 5-130, 5--131, 5-133,
5-134, 5-135, 5-136, 5-140, 5-141, 5-142 I"J THE ~~~ATER ORDINANCES
OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN
AND RE-ENACTING SAID SECTIONS TO MAKE NEIa ADDITIONS AND
CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the Mayor and City Council of the City of Meridian,
date of_ Idaho, have concluded that it is in the best interests
of said City to repeal Sections 5-101, 5-102, 5-104, 5-105, 5-110,
5-111, 5-112, 5-113, 5-114, 5-116, 5-117, 5-119, 5-120, 5-122,
5-124, 5-12.4A, 5-125, 5-126, 5-127, 5-129, 5-130,. 5131, 5-133,
5-134, 5-135, 5-136, 5-140, 5-141, 5-142 of the Meridian Glater
Ordinances effective as set forth hereinafter;
. NOti~I, THI?~EFORE, BE IT ORDAINED BY THE MAYOR AIJD CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUPJTY, IDAHO;
SECTION 1. That Section 5-101, PURpOSE,.of the ?Mater Ordinance
is hereby repealed.
SECTION 2. That Section 5-101, PURPOSE, of the [J~ater Ordinances
hereby re-enacted and ~ahich shall read as follows:
5-101: PURPOSE: It is hereby determined and declared tp be
' necessary and conducive to and for the~protecti;on of th.e Health,
' Safety and ~>]elfare of the public and inhabitants of the City, and
for the purpose of controlling the use and connection fo-,'r~and_Jfor
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providing an equitable distribution of the costs and. expenses of
maintenance, operation, upkeep, and repair of the entire municipal
water system which includes the wat~r•supply, water storage and
water distribution facilities of said City, to charge 'and collect
service ~har¢es or fees upon all lots, lands, property and premises
served or~benefited by the municipal water system of the City,
which systei!i~ and .faci:lites" consists generally of all wells,
storage reservoirs, transmission mains, structures, buildings;
chlorination facilities, fluoridation facilities, valves, service
connections, service meters, fi•t.tings, 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. ..
SECTION 3. That Section 5-102, DEFINITIOrIS (S), (G), (H),
(L)~(R~.nd (T) are hereby repealed
SECTION 4. That Section 5-102,~DEFINITIONS, (B), (G), (H),
(L), (R) AND (T) are hereby re-enacted and shall read as followst
(.B) CITY ?STATER SERVICE LINE:. That portion of an ~.ndiydual
water service line that runs £xom i'.ts connection wi:.th.th.e nubl.c
water main to, and including, th.e corporation stop, va ve box,
and meter that _is installed i:n the service line, I't will usually
be installed within the limits of the public right of way or
utility easement and, af:.ter installation, it is to be ocmed anal
maintained by the City.
(G) T~IUi`1ICIPAL ?~?ATER SXSTENI: Includes all componets and
facilities of the public water. system. that are. owned, ope:zated
or maintained by the City of Meridian, Idaho for domestic and
other uses.
(H) OVERSIZED MAT.N; Any water ma,i:n which. ~:s -re.quixe.d to Kaye.
a larger inside diameter than is necessa-ry bas•e.d on th.e_ est~a.ted
flow of the service area for which. t?i.e. main is being ins>tal.le.d~
(K) nRIVATE FIRE SE~tViCE CONNECTION,; This zs a sepax°ate. and
independant connection from the municipal water ?Wain that cQnne.cts~
directly to a sprinkler system or fire control device. that has beerit
or is to he installed, in any building far- the. pur--pose off' fare
control within. the specific building and sa.i'.d conne.cti_;pn ~..s~ to be. ~qr
no other purposes.
(L) PRIVATE ?:~)ATER SERVICE LiIdE; This is to be. the. noxti~on of th.e.
water service lime that runs from the bu,ld.i,n~ being served to th.e:
point of connection faith the City r?titer Service. Line,
(0) SPRINKLER IRRIGATION: Refers to any system for tl.e
purpose of watering lawns, hardens, shrubs, treesr etc, a~~ th.ey~
are normally grown in the out-of-doors or open spaces.
(R) SUPERINTENDENT: The superintendent of th.e City~`,ti'ate.zwozks:
is the individual appointed by the City Council to be in cfi arne.pf,
and oversee, the water system; he shall,-under the. di;~reeton o~
th.e City Engineer and Ci:.ty Council ~ have charge of th.e ~munic~`.pal
water supply system. Th.e supera:ntende.nt °s duties shall include, b.u~t
not be limited to, maintenance,' operation, superys iQn and~~ox
inspection of all additions or modifications . ~ Tfie superinteriderit
shall report, on a regular basis, to th.e City Engineer the.condti;on.
of the municipal water system.
(_T) AUTHORIZED ?~~~ATE'R USE?Z; And pezsgn staking auth.ozize.d anal
proper use of the municipal water systeri and(or the. water del•ve~ed
thereby and who has Wade application foz watex' se-xy,ce and ,such. ,
application has been granted and has paid ;`or s~:ch. se:ryice, wa,te.x~
and~all fees required. An authorized water user may be an owned,
h-is- tenant by~ leas,e -or rental , a developer , etc .
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.(U) UNAUTHORIZED [-DATER USER: Any person who makes any use
' of the municipal water system or the water delivered therby who
is not, an authorized water user or who improperly o•r illegally
uses the water system, or who causes damage or injury to the
' system in ,any fashion. (Ord. 374,7-7-80)
SECTION 5. Section 5-104, CITY AUTHORITY, is hereby repealed.
SECTION 6. That Section 5-104, CITY AUTHORITY is hereby
re-enacted and shall read as follows:
5-104: CITY AUTHORITY: The water systems for the supply of
the City of Meridian shall be under the sole and exclusive control
of the Mayor and Council, who may, from time to time, direct the
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' construction of such works, placing of mains, service pipes and
fire hydrants, as the necessities of the City may require.
SECTION 7. Section 5-105: APPLICATION TO [aATER SUPERINTENDENT
F'O'_? SERVICES, is hereby repealed,
SECTION 8. That Section 5-105 APPLICATION TO ~aATER SUPERINTENDENT
FOR SERVICES is hereby re-enacted to read as follows;
' S-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 therfor in writing to
'the Superintendent of the Waterworks and sign an agreement to be
.governed by such rules and regulations not inconsistent with this
Chapter, as may be prescribed by the n'Iayor and City Council for
the control of the water supply. Applicant must state the location,
kind of building, and the entire area of the ground to be supplied,
and~r 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.
[Thereupon, if the application is granted, the Superintendent of the
Waterworks 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 the lid, curb stop and any other fittings that are
necessary to install service to the~.nside line of the curb at the
point most convenient .for supplying the applicant, In cases where
street paving is contemplated, the abutting property owners must
either connect their premises with the water ruins before the trench
is backfilled or pay the cost of service from the main to curb if
made thereafter.
SECTION 9. Section 5-110, TURNING ON [STATER PROHIBITED is
hereby repealed.
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SECTION 10: That Section 5-110, TUR~'dINC ON f•1ATER PROHIBITED,
is hereby re-enacted and shall read as follows:
5x.110: TURNING O?~I ~~JATEP. PROHIBITED: If any person, after the
water has been turned off from the premises on account of nonpayment
of rates, or for failure to pay charges for the repair of water lines,
assessed to the owner, or for other violation of the rules and
regulations pertaining to the water suppljT, shall turn on or Permit
to be turned on, or use or permit the water to be used without
authority, he shall be subject to the penalties provided £or herein.
SECTION• 11. Section 5-111, MALICIOUS OR jdILLFUL T•~lASTE OF ?ti~ATER,
is hereby repealed.
SECTION 12. That Section 5^111, MALICIOUS QR [a1ILLFUL [JASTE OF
jVATER i.s hereby re-enacted and shall read as follows;
5-.111: MALICIOUS OR ?aILLFiJL [aASTE 0'F T~TATER 0'R Ij~1J'UktY' TO [MATER
SY'STE?~?. It shall be unlawful for any water user to waste water pr allow
it to be ~aa,sted by mper.• f ect water stops , values or leaky pipes that
are not under th.e jur.sd`cton of the Cty~t o-r to permit th.e.
malicious ox willful consumption o~ ~aate.z; haying no be~i.e.".f,~:.c~,~,~. u~;~.~
The City, "based on meter •readings , will ma.,ke a. deaermnatip~ o~ wh_e~e,
water had been wasted and shall noti fy the us•ex of that dete~rn}~.;x~~t;Qn.~
It shall then be the user."'•'s responsbilty~ ~tp -make th.e necessary
repairs, or to institute actions that w~_.11 cox..rect th.e s~tua,t~:,on ~a,~~;th.~;n.
ten (10) days of the city's not~'ficaton to the usex, All eQsts i~ncurre.d,
including the cost of: wasted ~•~ater and any repai;rs• shall be th.e. re.~ipon:;:;.:~:..' "~.. °'-
sibility of the user and if it is necessary that tfie City cox-rest th.e.
situation or make repairs, th.e cost and charges therefor-maybe.
assessed and added to the o~aner~s water b.ll~
,; „
rIo person shall "malciouslt, wilfully or ne"gl,.geritly breaks d~;~na~e.,
destroy, uncover, ~l~eface or ta*_nper with. any structure., appurteria~.ce. o•r
equipment which _s a part of the water sv~s•tem,
SECTION 13, Section 5112, U~E?~S L?~A,3LE ,F~~ "~Z.~LAT~~N, h~. h.~reb.~~
r.•epealed.
SECTION 14 t That Sector_ 5-112, TJSFRS LIABLE. ~F~JR 'j1IpL,ATI:OT1 ~:;s~
hereby re-enacted and shall read as~follo~is,
5=112 ; USE~P.S LIABLE. 'SOP, 'VI'OL,ATI;ON; ~I;f any owner shall ~erm~a
any person from any other premises, or any unauthorized user to use or
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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, if any, forfeited;
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 o~ user fees,
assessments, or charges for repairs, shall be notified of the
violation and be notified that if the violation is not
corrected within ten (10) days the Superintendent shall shut off
his water;. provided however, in the event of an emergency the
Superintendent may shut off the water without notification.
SECTION 15. Section 5-1.13, SPRINKLING SHALL CEASE DURING A
FIRE is hereby repealed.
SECTION 16. That Section 5-113, SPRINKLING SHALL CEASE DURING A
FIRE is hereby re-enacted and shall read as follows:
5-113: SPRINKLING SHALL CEASE DURING A FIRE; Fountains and
sprinkling lawns, yards, or gardens shall not be operated during
or after any alarm of fire until the signal is given that the fire
is out. No fountain attachment shall be of greater than three-
quarters of an inch diameter, and there shall be a stopcock to each
fountain attachment and the same shall be under the control of the
Superintendent of ~•~aterworks. Any person violating any of the
provisions of this section shall, upon conviction thereof, be subject
to penalty as provided herein.
SECTION 17. Section 5-114, SIZE FOR SPRINKLING HOSE, is hereby
repealed.
SECTION 18. That Section 5-114, SIZE FOR SPRINKLING HOSE is
hereby re-enacted and shall read as follows:
5114: SIZE FOR SPRINKLING HOSE: Sprinklers for lawns, gardens
ari.d yards may be not larger than three-9uarters of an_inch in diameter,
and in any time of sc~x_ety~of water, whenever it shall, in the
judgement of Mayor and Council be necessary and. they shall so direct,
the Mayor shall, ty proclamation, still further limit the use of water
for other than domestic purposes; and in his. 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
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shall, upon conviction thereof, be subject to penalty as provided
herein.
SECTION 19. Section 5-116,•INSPECTION BY [WATER SUPERINTENDENT
is hereby repealed.
SECTION 20. That Section 5-116, INSPECTION BY [aATER SUPERINTENDENT
is hereby re-enacted and shall read as .follows:
5-116: INSPECTION BY WATER SUPERINTENDENT: Free access to
all places supplied with water, at all reasonable hours, shall be
allowed the Superintendent of Waterworks, the City~Engineer, the.
Mayor, ~r~ater Commissioner, ?!ember of the Board of Appraisers, Clerk,
or Committee from the Council to examine the apparatus, the amount
used, and the manner of using the same, and any water user violating
any of the rules ae~d.regulations controlling the water- supply shall be
subject to penalty as provided for herein,
SECTION 21. Section 5-117, CITY NOT LIABLE FOR SHORTAGE, is
hereby repealed.
SECTION 22. That Section 5-117, CITY NOT LIABLE FOR SHORTAGE,
is hereby reenacted and shall read as follows;
5-117: CITY' NOT LIABLE FOR SHORTAGE; The City shall not be
held liable for damage to any person or property by reason of a
stoppage or other interruption of the water supply, caused by
scarcity of water, lack of pressure, accident to works or mains,
alterations, additions, or repairs or from other unavoidable causes.
SECTION 23. Subsection (.C) of Section 5x119, WATER SERvhCE.
CONNECTIONS AND 6JATER SERVICE LINES, is hereby repealed.
SECTIOTJ 24, That subsection (C) of Section 5-119, WATEh SER~ILCE
COINiQECTIONS AND ~aATER SERVICE LINES , is hereby reenacted and shall
read as follows;
C. The owner may request permission from the City to install the
water service line, including tap to the City Ovate-r main, City stop
valve, servee~ line, valve, meter vault and cover under private.
contract, Such installation shall be in conformance w~th.the Plumb~,ng
Code as adopted by the City. [Then installation of a ~aate~ sexvfce
line and a[?purtenances causes damage to any property, public or
private, other than the owner's property, the owner s?ial.l be reapon-
sib le €or all repair costs including; repair to streets, sidewalks,
curbs, gutters, sewer lines, irrigation facilities, storm drains,
lawns, fences, Qas lines, other water mans., telephone. lines and
electrical lines.
SECTION 25. That Section 5-120, POWERS AND AUTHORITY OF CITY`
AUTHORIZED REPRESENTATIVE, is hereby repealed,
SECTION 26. That Section 5-120, POtiJERS AND AUTHORITY OF CITY'
1~
AUTHORIZED REPRESENTATIVE, is hereby re-enacted and shall read
as follows:
5-120: POSTERS AND AUTHORITY OF CITY AUTHORIZED REPRESENTATIVE:
The City through its authorized representative bearing proper
credentials and identification shall be permitted, during proper
and reasonable hours of the day, to enter all properties, premises
or buildings t'o 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 Ordinance. Also, the City through its
authorized representative bearing proper credentials and
identification shall be permitted 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
terms of the duly negotiated easement pertaining to the private
property involved.
SECTION 27. That Section 5-122, REJECTTONS OR DISAPPROVALS,
is hereby repealed and read as follows:
SECTION 28.~ That Section 5-122, REJECTTONS OR DISAPPROVALS,
is hereby re-enacted and shall read as follows:
5-122: REJECTIONS OR DISAPPROVALS: The City may reject any
materials or workmanship f_or 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 anal.other work items.
SECTION 28. That Section 5-124, [aATER MAIN EXTENSIONS, is
hereby xenealed.
SECTION 29. That Section 5-124, WATER MATN EXTENSIONS, is
hereby reenacted and shall read as follows:
5-124: WATER VAIN EXTENSIONS: 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
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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'responsiblity of the owner or his agent. G•Then it is
necessary 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, Such water line extensions, public
or private, shall be extended to the farthest boundary of the
property.
It shall also be the property oGmer's or his agent's
responsbi.l.ty to install all necessary fire hydrants and
City water service lines for all extensions of the municipal
water system at no expense to the City. TJnless a special Hermit
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.
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 plan's
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 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, rifihts=of-way limits, sequence of construction
time limits for hsvin~; 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 of the municipal water system until the extension
project has been approved by the City.
After the construction of the municipal water system extensions,
it shallbe the obligation of the owner~or his went to have a
registered professional engineer verify to the City that the said
sy5~~ ~
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' 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 engineer and
acceptance by the City, the entire extension of the municipal
water system, including the ~t~ater service lines, shall become
the property o.f 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.
SECTION 30. That Subparagraph (B) of Section 5-124A,
PAYMENT OR CONTRIBUTION OF PROPORTI01`1ATE COSTS AND EXPENSES OF
CONSTRUCTING OFF-SITE WATER LINES; C0-OPERATIVE AGREEMENTS, shall
be repealed grid read as follows:
SECTION 3.1. That Subparagraph (B) of Section 5-124A, PAYMENT
OR CONS'TURCTIOTI OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTING
OFF-SITE WATER LINES; CO=OPEPATIVE AGREEMENTS, is hereby re-enaced
and shall read as follows:
(B) Should a water user at his own expense construct an
extension to the water system in- a public right-of~way or easement
with prior~approval.of the City and in accord~anae with the standards
and designs of the City and which water line extension has been
' determined by the city to be able~to benefit properties other than
the user, the water user constructing the extension may request
that the City enter into an agreement with the user such that all
or a portion of the costs of extending; the eater line will be
reimbursed to that Ovate"r user from 'the connection charges collected
under subsection (A) above from those property owners who will
b~enef2t from the water line extension and who otherwise Have not
paid or cor_tributed their proportionate share to that water line;
the City shall not be required to enter into such as agreement and
the decision of whether or not to enter into such an agreement shall
be 'at the sole discretion of the City Council; provided however,
no reimbursement agreement shall have a duration .greater than ten
' (10) years unless the City is a beneficiary of the agreement; no
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reimbursement agreement shall pay to the water user paying for or
constructing a waterline 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; a reim-
bursement agreement may provide for interest to be paid to the
water user; the City shall be entitled to charge and shall receive ,
a ten percent (10%) administrative fee for handling the 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; 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; that 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;
that the water user shall be required to idemnfy and hold th.e City
harmless from any and all liability whatsoever until the water
line has been accepted for maintenance by the City; that all lines.
once accepted by the City .for maintenance shall thereafter become
part of the City water system and be the sole property of the C%ty,
~~There the City constructs a water line extension, eitfi.er on
its own or ~in conjunction ~.ath another z~erson or entity, th.e City
may enter into a reimbursement agreement as. authorized above such.
that the City is reimbursed for its cost of construction, engineering;,
legal costs and interest.
SECTION 32, That Section 5-125, BASIS FOR AUTHORIZED T~IATRR.
USER CHARGES, is hereby repealed.
Sr.GTI0P1 33. That Section 5-125, BASLS TOR AUTHORIZED ?~]ATEq
USER CHARGES, is hereby re-enacted and shall read as follows:
5-125 ; BASLS 'FOR AUT~~ORIZED jaATER USER CFiARJES ; Th.e.re. .s
hereby established a system of periodic service charges and ~e.es
for- the authorized use of , and for,- sexv.ce rendered by~ th.e munc%pal
water system of the. City; and which. charges and fee.s• shall be ~a~~ near
as possible, uniform as to the different users served by s~a,d ~mun•cpal
water system, Th.e rates, charges and fees provided by~ this: Chapter
are hereby
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lev:e~d and assessed against the authorized water user or
owner, and his property having any water service connection
with the 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 Chapter to
cover the cost of standby fire protection facilities and other
benefits.
SECTION 34. That -Section 5-126, [STATER USER AND EOUIVALENT
CONNECTION APPRAISAL, is hereby repealed.
SECTION 35. That Section 5-126, [aATER USER AND EQUIVALENT
CONNECTION APPRAISAL, is hereby re-enacted and shall read as
follows:
5-126: GIATER USER AND En[JIVALENT CONNECTION APPRAISAL: Each
user and parcel being subject to water user charge as provided
for heze~:nabove shall be appraised and assessed for the purpose
~of establishing the eouivalent 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 uniformity of the use of the water, the standby
benefits o.f 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 and uses within the City that has the municipal water
service available.
SECTION 36. That Section 5-127, SPECIAL WATER USER CHARGE
FOR OUTSIDE TuE CORPORATE LIMITS, is hereby repealed.
SECTIOtd 37. That Section 5-1?_7, SPECIAL WATER USER CHARGE
FOR OUTSIDE THE COPPORATE LIT?ITS, is hereby re-enacted and
~ - shall read as follows:
5-127: SPECIAL WATER USER CHARGE FOR OUTSIDE THE CORPORATE
LIMITS: The City may provide service from the municipal water
system to individual properties that are partially or. entirely
22 '
outside the corporate limits of the City. Each request for such
service must be approved by the City Council and a. l regulations
of this Chapter must be complied with by such special water
users. The water user will be considered a special user as long
as the property being served remains outside the corporate
limits.of the City. The special water. user shall be charged an
installation charge, connection charge and a monthly user charge
which shall,.be the same as a user within the City limits,
however, the hookup fees shall be double the fees charged a usez
within the City limits.
SECTION 38. That Section 5-129, DUTIES OF TuE BOARD OF AP~RA~SERS,
is hereby repealed,
SECTION 39. That Section 5-..129, DUTIES OF THE BOARD OF
APPP.AISEP~S, is hereby re-enacted and shall read as follows;
5-129: DUTIES OF THE BOARD OF APPRAISERS; The Board of
Appraisers is delegated the duty of establishing the equivalent
connection rating for various uses and users and all City imposed
charges in connection with the municipal water system including
inspection fees, hookup fees, installation charges, monthly user
charges, disconnectior_ fees, and user deposits, The Board of
Appraisers shall have the Power to promulgate such rates, fees or
charges or changes in the said rates, .fees and charges that are
deemed necessary to adequately carry out the maintenance, operation
and administration of .the municipal water system under th.e
authority of this Chapter.
SECTIOrI 40, That Section 5-130, PURPOSE 0~ MONTHLy ~JATER
USER CHARGE, is hereby repealed.
SECTION 41. That Section 5-130, PURPOSE OF MONTHLY ~TIATER USER
CHARGE, is hereby re-enacted and shall read as :follows;
5-130: PURPOSE OF MONTHLY WATER USER CHARGE: Th.e.~tnonth.ly
water user charge is established to coyer onerat.on and maintenance.
~.
costs of the system, and to provide a fund to pay for captal~~mprove=
ment costs,, additions, oversized extensions to the system, or•
redemption of bonds that have been used to finance system improvements,
all as a part of the City's responsblit~~ to provide. ade.auate domestic
water service and facilities for the City. The monthly
i
2'3
water user charge as described herein, or as amended, shall
be effective immediately upon acceptance and-passage of this
Ordinance, or an amending ordinance, and monthly user charge
billing under the rates described herein shall begin at the
end of the first calendar month'.f.ollowing acceptance o
this Ordinance. For new connectiorrls, the water user charge is
to begin when the ~.orir_ec~or._ ~ to the City service line has
been ~.nspected and approved or wi"thin sixty (_60) days after
the City service line has been installed, whch.ever•s the
earliest, -
SECTION 4~2. That Section 5-131, MONTHLX' RATES, is hereby"
repealed.
SECTION 43. That Sect~.on 5-.131, MONTHLY RATES, is hereby
re-enacted and shall read as follows:
5-131: MONTHLY RATES: All owners who receive or have the
right to receive the benefit of the City'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 o.f_ water used and the amount o.f f_ire and
health protection provided by the municipal water supply
system. The owners of all property within the Corporate limits,
which property is within three hundred feet (300') 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 o.f
equivalent service connections assigned to that water user by
this Chapter, 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 classifications.,
The mimmum monthly user charge shall be five dollars ($5.00)
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
24
has an equivalent connection rating greater than one shall p.ay a
minimum monthly user charge that is the product of that user's
equivalent connection rating multiplied by five dollars (,$5.00).
i.e., A laundry havinn twelve (12) machines would have. an
equivalent connection rating of:
(4.00) + (2 x .25) = 4.50 '`'
and a subsequent minimum monthly user charge of
(4.50) x ($5.00) _ $22.00
All money extensions shall be totaled upward to th.e neax'est
figure divisible by five cents (..OS).
Each owner will nay a monthly user fee based on the quantity
of water used and the Schedule of T'ater L?se Fee in Table Il', Ea.ch.
owner shall pay, as full compensation for ttie benefits derived from
the municipal water supply system, the minimum :monthly user fee or
the monthly user fete, whicfiever is greater, Should an owner request
a. City water -service line to be disconnected, fox any reason, th.ex~e.
shall be paid to the City a disconnection fe.e as set by the W~te-r
Superintendent with approval of the City Council ~ . Th.e o~~m.ex must
request the City to place. the line back in serv_ce.. There X11, be .a
charge set by th.e j~later Superintendent with. approval of th.e C~ty~
Council associated ti?i.th the reactivation o f th.e. exi.st~ng ser ~;ce
line. All monthly water rates will be changed against th.e pxo~e.rty~
for which the City Ovater service line .s installed R Th:e_ pwne.x o f
record is liable for that amount, which. must be. pa,,d before. w?te:r
service. is resur;ed. ~ In the. event an owned leaves an un.cla.,~na.d
balance in •hs account, that amount shall be k.e.pt for s•i;x (6.) z~on.t.h~~~
after which time it-shall revert to the ~e.neral Fund o£ th.e. City,
The owner of the property s°erviced shall pay for the.nonthly user ~.__
charge and such owner will be billed for such. montfily user c.~har~ge.;
CIAP~~ES •FQR [rIATE~', AND ?NSTALI.~TIQN;
The charges for water shall be as follows: In all cases, the.
minimum charge shall be five dollars (.$5 , 00) ~pe.r n;oth.. Nonres:iden.t
shall be charged the same monthly use-r charge.
in case a water meter fails to ~xegiste:r correctly th~_ wa,te:x
used, the owner shall pay for th.e wate:z on the. basis• o~ the. ayefagc.
readir_g of the meter for the previous thr-e e. (3) TnontYi.s , t~Jate..r
25
meter installation charges shall be as follows:
For all meters installed the charge shall be .set by the
Board of Appraisers. All installed meters shall be property of
the City.
T~later hookup $380.00 per unit
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 conform to
City requirements and City Plumbing Codes.
SIZE OF LINE CHARGE PER MONTH
1 1~21.iri.ch~~. $ 2, 75
2 inch $ 5.00
3 inch ~ $ 5.00
4 inch $ 6.75
6inch $11.65
8 inch $16.50
10 inch $26.50
All private fire service lines shall be equipped with sealed
gate valve or thermal automatic openings,
Private fire service lines shall be used for fire control
only. Any other use is unlawful.
THE FOLLOTiJING DESIGNATED OPERATIONS SHALL REQUIRE THE
~FOLLO[aING NUMBER OF HOOKUPS:
TABLE II
;Equivalent Connection Determinations
Classification
No. of Equivalent
`Connections
Apartrzent (see multiple living, unit)
Bank, per 3,000 sq.. ft. 1.00
Bar„per- 3,000 sq. ft. 1.00
Barber Shop, per chair; (minimum '1.00) 0.50
Beauty Salon, per operator station
(minimum 1.00) 0,50
Bowling Alley, per lane, (minimum 1.'00) 0~:20~
Cafe, per customer seating capacity -~
(.minimum to be 2.00 equivalent connections).10
... 26
Car dealer ~ 2.00
Car wash (to be computed on an individual
basis) -~--
Church 2.00
Club, private, per 3,000 sq. ft. ~ 1:00
Condominium (see Multiple living unit) .
Dentist, per practitioner ~ 1.00
Department store, per 3,000 sq. ft. 1:00
Doctor, per practitioner 1.00
Drug store, per 3,000 sq. ft. 1.00
Dry Cleaner-s, per 3,000 sq..ft. 1.00
Duplex (see Mutipl.t Living Unit)
Fourplex (see Mutiple Living Unit)
Garage, per 3,000 sq. ft. 1.00
Grocery store (.see Retail food store)
Hospital, per- bed 0,15
Laundries:
Self-service up to and including ten (10)
washing machines x,00
Each -c~ashi.ng machine ir.. excess o~ ten (.10) 0 , 25
Co~nercial (to be computedon an
inc!i..vdual basis -----~
Lodge or private club, ner 3,000 sq.f.t, 2.00
Mobile home court or park, per space 1,00
Short term tenant type, per space 0.50
Mobile home or trailer house on own premis es' 100.
Motel, hotel, rooming house, etc. (.cont.)
With cooking facilities ~ `~
First unit 1.00
Each additional unit 0..25
Motel, hotel, rooming house, etc. (cont,)
With cooking facilities
First unit 1.0.0
Each additional unit 0..50
Multiple living unit
Studio or one bedroom 0.75
'Itao (_2) bedrooms or more 1.00
2'7
Office building for each 2,500 sq. ft.
of gross floor space or fraction thereof 1.00
Occasional use from standpipe,
Fire hydrant, etc.
for each 2,000 p;allons or fraction thereof .50
(minimum to be 0.50 equivalent connection)
Photo development lab 2.00
Restaurant, per customer seating capacity
(minimum to be 2.00 equivalent connections)
Retail food store for each 3,000 sq. ft. of
gross floor spacr or fraction thereof 1.00
Retail store for each 3,000 sq. .f_t. of gross
floor space or fraction thereof 1.00
Service station
Gas and restroom service only 2.00
Full service 4.00
With car wash (to be computed on an
individual basis) -- ~-
Schools, p_er each 50 students in average
daily attendance or fraction thereof 1.00
Single family residence 1.00
Swimming pool
Public, per 500 sq. ft. 1.00
Private, for each 500 sq. ft. o.f
pool water--water surface area or
fraction thereof 1.00
Tavern, per 3,000 sq. .ft. (minimum to be
2.00 equivalent connections) 1.00
Theatre 1,00
Trailer Court of park
Long term tenant type, per unit 1.00
Short term tenant type, per unit (minimum
1.00) ~ 0.50
Tzplex (.see Multiple -living, unit)
Railroad depot 2.00
'' Variety store, for each 3,000 sq. ft. of
~Xoss flooz sp~.ce or ~r~ct~.on thereof 1.00
..
~28
TA~3LE TII
Gallons Consumed Water Use Fee
Schedule of Water Use Fees
From Tb
0
4,000
$5.00
4,001 50,000 $ .80 per 1,000 gallons
50,001 gallons $ .70 per 1,000 gallons
and up
SECTION 44. That Section 5-133, REGARDING DELINQUENCY, is
hereby repealed.
SECTION 45. That Section 5-133, REGARDING DELINQUENCY, is
hereby re-enacted and shall read as follows:
5-133: REGARDIIG DELINQUENCY: The City Clerk shall furnish
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 other charges relating to the water
system; and if any owner neglects to pay his water bill by the
tenth day of the month, or shall fail or refuse to pay the water
bill in that time period, the water user's account shall be delinquent.
Owners shall be notofied by regular mail of this delinquency and if
the bill is not paid iri~fiill within tdn (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.
Should the owner not request a pre--termination hearing or if an 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 the use, plus a ten dollar
($10.00) turn-on charge as a condition of receiving water service
again, and in the event the water meter must be removed, an additional
twenty five dollars ($25.00) fee must be paid as a condition of
receiving water service again. Any owner not using taate.r aftez
the fxst of the month., ox in case a meter is used after th.e-meter
has been read, must report the same to the City CLerk and hake the.
water shut of_f, and if he fails to do soy the full amount fad
said month must be paid. No allowance will be: made fox nonuse.
for less that one. :month.. All corrections as to the cha-rge. and all
abatements shall be made under the direction of the ;"Iayo.r and Council
29
and_~shall be certified by the City Clerk, and all water bills
must be paid by the owner of the property upon which the same
is used and not by the tenants thereof.
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 with the due process
protection described below; the City will not discontinue water
service to any owner's property prior to a fair and impartial
hearing,. after timely and adequate notice and an opportunity to
confront witnesses, to personally appear with retained counse-1
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 responsibility of holding pre-termination hearings. The City
Council shall make a record of any pre-termination hear"ing. The
City Council shall render its decision in Tariting, 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.
Provided, however, the Clty shall not initially deny ox
discontinue water service to any owner because of any de.li.nquent
water bill on that premises that is attributable to the.pri_or
owner. However, any and all unpaid water charges shall be a~:~l.eri
against the property as provided below The City may initially
deny water service to any owner who requests ser~ce:~::at: a'. new
location when that owner has a delinquency at any previous
location or premises, Provided, fur-then, that th.e C%ty shall not
initially deny water service to any owner- for whatever reason
without informing the owner oi' the right to a hearing be.fo•re. the..
City Council on the issue of whether the Ca:ty, can nitallydeny~
water services, In the cases of initial denial of water service, tYi.e.
City is not required to provide water service pending a hearng,~
However, a hearing upon request o~ an ownex in.ti.a.lly deriie.s water
service shall be held as expeditiously as possible. and h.eTd in the
manner and accordance with the procedures for pre=termination hearings
30
delineated 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.
SECTION 46. That Section 5-134, AUTHORITY TO Al~ND REGULATIONS,
is hereby repealed.
SECTION 47. That Section 5-134, AUTHORITY TO AMEND REGULATIONS,
is hereby re-enacted and shall read as follows;
5-134:. 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 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 T?ayor and City Council
deem it advisable to alter the water o-r installation rates
or charges as in this Chapter recorded, such changes may
be made by resolution.
SECTION 48. That Section 5-135, j~IATER FUND, is hereby
repealed.
SECTION 49. That Section 5-135, WATER FUND, is hereby
re-enacted and shall read as follows:
5-135: 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, The
31
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 and interest on the water indebtedness
whi h
of the City shall from time to time be outstanding. As provided
~, by law, when budgeted and appropriated, the funds and credits
to the account
of the [dater Fund shall be available
for the payment of the requirements for the maintenance operation,
repairs and upkeep of the domestic water system of the City, and to
the extent legally available, for the payment into a sinking .fund
established for the payment of the principal and interest on any
water bond indebtedness o.f the City which shall from time to time be
outstanding.
SECTION 50. That Subsection (D) of Section 5-136, UNAVAILABLLITY
OF M[JNICIPAL WATER SYSTEM; PRIVATE [~~TATER SYSTEMS, is hereby repealed.
SECTION 51. That Subsection (D) of Section 5-136, UNAVAILABILITY
OF rNNICIPAL WATER SYSTEM; PRIVATE WATER SYSTEMS: is hereby re-enacted
and shall read as follows:
(D) The owner or occupant of any house, building or property
used for residental~;~ commercial, industrial, ;overnmental
or recreational use, or other purpose, situated within the
City which is abutting on or having a permanent right of
access to any street, alley or right of way in which there
is located a City water line of said City 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
fifteen (15) days after 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. 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. 368, 5-5-80)
SECTION 52. That Section 5-140, WATER LINE DEVELOPMENT is hereby
repealed.
SECTION 53. That Section 5-140, [MATER LINE DEVELOPMENT, is hereby
re-enacted and shall read as. follows:
5-140: 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
,32
water supply to the proposed project and to the boundary of theV_
project farthest from the original water supply line. The City,
however, recognizes that in certain instances it may be desirable
from the City's standpoint, to have a larger line installed than
required to serve the specific development in question. When such
a situation exists, it is the City's policy to require the larger -
line, and to varying degrees, depending on each specific situation
possibly participate in the .increased costs necessitated by the
larger line. (.Res. 55, 12-3-73)
SECTION 54: That Section 5-1.41, SE~,TER AND WATER PLANS ADOPTED,
is hereby repealed.
SECTIOTI 55.. That Section 5-141, SEGIER AND WATER PLANS ADOPTED,
is hereby re-enacted and shall read as follows:
5-141: SEWER AND WATER PLANS ADOPTED: The sewer and water
plans as defined in the "Preliminary Report-Rural Community Sewer
and Water Plan .for Ada-County-Meridian" are hereby adopted as the
Sewer and Water Plan for Meridian.
SECTION 56. That Section 5-142, PENALTIES, is hereby repealed..
SECTION 57. That Section 5-142, PENALTIES, is hereby re-enacted
and shall read as follows:
5-142.: PENALTIES: Any person found to be violating any provisions
of this. Ordinance, other than for nonpayment of a water bill, shall be
served by the City with a written notice stating the nature of the
violation and providing ten (10) days, for the satisfactory correction
thereof. The offender shall, within the period of time stated in such
notice, permanently 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.
Any person who shall continue any violation beyond the time
limit provided for hereinabove in this Section, shall be guilty o.f a
misdemeanor, and on conviction thereof -shall be subject to a
fine not exceeding three hundred dollars ($300.00) or imprisonment
not exceeding thirty (30) days or both such fine and imprisonment for
each violation and shall have his water service terminated. Each. day
in which such violation shall continue shall be deemed a separate offense.
Any person violating any of the provisions o~ this Chapter shall
become liable to the City for any expense, loss, or damage occasioned
33
the City by reason of such violation and, for other than non-payment
of water bill violations, may have their water supply terminated
after the above ten (10) day notice period has expired.
That these penalties shall not be construced to be exclusive
but shall be construed to be cumulative of,~. and in addition to, any
other penalties provided for in the Revised and Compiled Ordinances
of the City of Meridian or the Criminal Code of the State of Idaho;
as an example, a person stealing water could be criminally charged
..with theft or a person injuring; the water system could be criminally
charged with malicious injury to property; £or all criminal violations
relating or pertaining to the water system the notice provisions
provided for in this Chapter shall not apply.
SECTION 58. - EFFECTIVE DATE: These Ordinances shall be in
full force and effect from and after its passage, app-roval and
publication according to law.
PASSED AND APPROVED THIS 21 day of ...A~.z~..l.. ~ 1987,
CITY OF MERIDIAN
BY
.. • _ T ~? . KING 'FO
MAYOR
ATTEST:
ORDINANCE N0. 477
AN ORDINANCE AMENDING THE SE[~JER ORDINANCES OF THE CITX~ Q~' MER~~AN 3~'~
REPEALING SECTIONS 7-501, 7-503, 7-505, 7-506, .7R50:6~, 7x507; 7-50.8,.
7-509, 7-517, 7-.521, 7-527, 7-5?.7A,-7530, 7-533, 7-536, .7-_537, .7-,539,
7-543 IN THE SE[D]ER ORDINANCES OF THE RETII.SED AND CO~?iPI;LED ORDINANCES
OF THE CITY OF PjIERIDIAN AND REENACTING SAID SECTIONS, E$CEPT SECTIONS
7-536 and 7-:537, TO P~IAKE T?E~~T~ ADDITIONS; AND PR9~~D~NG AN EDDECTI`~E DATE,
GTHEREAS, the Mayor and City Council of the City of Meridian,
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-44et
ORDINANCE NO.
AN ORDINANCE AMENDING THE WATER ORDINANCES OF THE CITY OF
MERIDIAN BY REPEALING SECTIONS 5-101, 5-102, 5-104, 5-105, 5-110,
5-111, 5-112, 5-113, 5-114, 5-116, 5-117, 5-119, 5-120, 5-122,
5-124, 5-124A, 5-125, 5-126, 5-127, 5-129, 5-130, 5-131, 5-133,
5-134, 5-135, 5-136, 5-140, 5-141, 5-142 IN THE WATER ORDINANCES
OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN
AND RE-ENACTING SAID SECTIONS TO MAKE NEW ADDITIONS AND
CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Council of the City of Meridian,
State of Idaho, have concluded that it is in the best interests
of said City to repeal Sections 5-101, 5-102, 5-104, 5-105,
5-110, 5-111, 5-112, 5-113, 5-114, 5-116, 5-117, 5-119, 5-120,
5-122, 5-124, 5-124A, 5-125, 5-126, 5-127, 5-129, 5-130, 5-131,
5-133, 5-134, 5-135, 5-136, 5-140, 5-141, 5-142 of the Meridian
Water Ordinances effective as set forth hereinafter;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1. That Section 5-101, PURPOSE, of the Water
Ordinance, is hereby repealed.
SECTION 2. That Section 5-101, PURPOSE, of the Water
Ordinances herr�.�y re-enacted and which shall read as follows:
5-101: PURPOSE: It is hereby determined 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
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4481
municipal water system which includes the water supply, water
storage and water distribution facilities of said 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, fluoridation
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.
SECTION 3. That Section 5-102, DEFINITIONS (B), (G),
(H), (L), (R), and (T) are hereby repealed.
SECTION 4. That Section 5-102, DEFINITIONS, (B), (G),
(H), (L), (R) and (T) are hereby re-enacted and shall read as
follows:
(B) CITY WATER SERVICE LINE: That portion of an 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 installation, it is to be owned and
maintained by the City.
(G) MUNICIPAL WATER SYSTEM: Includes all components and
facilities of the public water system that are owned, operated,
or or maintained by the City of Meridian, Idaho for domestic and
other uses.
(H) 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.
(K) PRIVATE FIRE SERVICE CONNECTION: This is a separate and
independant 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.
(L) PRIVATE WATER SERVICE LINE: This is to be the portion
of the water service line that runs from the building being
served to the point of connection with the City Water Service
Line.
(Q) SPRINKLER IRRIGATION: Refers to any system for the
purpose of watering lawns, gardens, shurbs, trees, etc. as they
are normally grown in the out-of-doors or open spaces.
(R) 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 of
the 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.
(T) AUTHORIZED WATER USER: Any person making authorized and
proper use of the 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.
(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 or who improperly or illegally
uses the water system, or who causes damage or injury to the
system in any fashion. (Ord. 374, 7-7-80)
SECTION 5. Section 5-104, CITY AUTHORITY, is hereby
repealed.
SECTION 6. That Section 5-104, CITY AUTHORITY is hereby
re-enancted and shall read as follows:
5-104: CITY AUTHORITY: The water systems for the supply of
the City of Meridian shall be under the sole and exclusive
AMBROSE,
control of the Mayor and Council, who may, from time to time,
FITZGERALD
&CROOKSTON
direct the construction of such works, placing of mains, service
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888-4461
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
pipes and fire hydrants, as the necessities of the City may
require.
SECTION 7. Section 5-105: APPLICATION TO WATER
SUPERINTENDENT FOR SERVICES, is hereby repealed.
SECTION 8. That Section 5-105 APPLICATION TO WATER
SUPERINTENDENT FOR SERVICES is hereby re-enacted to read as
follows:
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 agreement 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. Applicant 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, and shall furnish a set of floor plans
showing all water uses. Whereupon, if the application is granted,
the Superintendent of the Waterworks 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. In cases where street paving is
contemplated, the abutting property owners must either connect
1-..K
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone888.4481
their premises with the water mains before the trench is
backfilled or pay the cost of service from the main to curb if
made thereafter.
SECTION 9. Section 5-1 1 n _ rPT7DXITAItn nA? r.T%m--
is hereby repealed.
SECTION 10. That Section 5-110, TURNING ON WATER
PROHIBITED, is hereby re-enacted and shall read as follows:
5-110: TURNING ON WATER PROHIBITED: If any person, after the
water has been turned off from the premises on account of
nonpayment of rates, or for failure to pay charges for the repair
of water lines, assessed to the owner, or for other violation of
the rules and regulations pertaining to the water supply, shall
turn on or permit to be turned on, or use or permit the water to
be used without authority, he shall be subject to the penalties
provided for herein.
SECTION 11. Section 5-111, MALICIOUS OR WILLFUL WASTE OF
WATER, is hereby repealed.
SECTION 12. That Section 5-111, MALICIOUS OR WILLFUL
WASTE OF WATER is hereby re-enacted and shall read as follows:
5-111: MALICIOUS OR WILLFUL WASTE OF WATER OR INJURY TO
WATER SYSTEM: It shall be unlawful for any water user to waste
water or allow it to be wasted by imperfect water stops, values
or leaky pipes that are not under the jurisdiction of the City,
or to permit the malicious or willful consumption of water,
having no beneficial use. The City, based on meter readings, will
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
make a determination of where water has been wasted and shall
notify the user of that determination. 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 if it is necessary that the City
correct the situation or make repairs, the cost and charges
therefor may be assessed and added to the owner's water bill.
No person shall maliciously, wilfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the water system.
SECTION 13. Section 5-112, USERS LIABLE FOR VIOLATION, is
hereby repealed.
SECTION 14. That Section 5-112, USERS LIABLE FOR
VIOLATION is hereby re-enacted and shall read as follows:
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, if any,
forfeited; 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
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone8884481
repairs, shall be notified of the violation and be notified that
if the violation is not corrected within ten (10) days the
Superintendent shall shut off his water; provided however, in the
event of an emergency the Superintendent may shut off the water
without notification.
SECTION 15. Section 5-113, SPRINKLING SHALL CEASE DURING
A FIRE is hereby repealed.
SECTION 16. That Section 5-113, SPRINKLING SHALL CEASE
DURING A FIRE is hereby re-enacted and shall read as follows:
5-113: SPRINKLING SHALL CEASE DURING A FIRE: Fountains and
sprinkling for lawns, yards, or gardens shall not be operated
during or after any alarm of fire until the signal is given that
the fire is out. No fountain attachment shall be of greater than
three-quarters of an inch in diameter, 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 herein.
SECTION 17. Section 5-114, SIZE FOR SPRINKLING HOSE, is
hereby repealed.
SECTION 18. That Section 5-114, SIZE FOR SPRINKLING HOSE
is hereby re-enacted and shall read as follows:
5-114: SIZE FOR SPRINKLING HOSE: Sprinklers for lawns,
gardens and yards may be not larger than three-quarters of an
inch in diameter, and in any time of scarcity of water, whenever
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
it shall, in the judgment of Mayor and Council be necessary and
they shall so direct, the Mayor shall, by proclamation, still
further limit the use of water for other than domestic purposes;
and in his 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
herein.
SECTION 19. Section 5-116, INSPECTION BY WATER
SUPERINTENDENT, is hereby repealed.
SECTION 20. That Section 5-116, INSPECTION BY WATER
SUPERINTENDENT is hereby re-enacted and shall read as follows:
5-116: INSPECTION BY WATER SUPERINTENDENT: Free access to
all places supplied with water, at all reasonable hours, shall be
allowed the Superintendent of Waterworks, the City Engineer, the
Mayor, Water Commissioner, Member of the Board of Appraisers,
Clerk, or Committee from the Council to examine the apparatus,
the amount used, and the manner of using 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 herein.
SECTION 21. Section 5-117, CITY NOT LIABLE FOR SHORTAGE,
is hereby repealed.
SECTION 22. That Section 5-117, CITY NOT LIABLE FOR
SHORTAGE, is hereby re-enacted and shall read as follows:
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 888.44al
5-117: CITY NOT LIABLE FOR SHORTAGE: The City shall not be
held liable for damage to any person or property by reason of a
stoppage or other interruption of the water supply, caused by
scarcity of water, lack of pressure, accident to works or mains,
alterations, additions, or repairs or from other unavoidable
causes.
SECTION 23. Subsection (C) of Section 5-119, WATER
SERVICE CONNECTIONS AND WATER SERVICE LINES, is hereby repealed.
SECTION 24. That Subsection (C) of Section 5-119, WATER
SERVICE CONNECTIONS AND WATER SERVICE LINES, is hereby re-enacted
and shall read as follows:
C. The owner may request permission from the City to
install the water service line, including tap to the City water
main, City stop valve, service line, valve, meter vault and cover
under private contract. Such installation shall be in conformance
with the Plumbing Code as adopted by the City. When installation
of a water service line and appurtenances causes damage to any
property, public or private, other than the owner's propery, the
owner shall be responsible for all repair costs including repair
to streets, sidewalks, curbs, gutters, sewer lines, irrigation
facilities, storm drains, lawns, fences, gas lines, other water
mains, telephone lines and electrical lines.
SECTION 25. That Section 5-120, POWERS AND AUTHORITY OF
CITY AUTHORIZED REPRESENTATIVE, is hereby repealed.
SECTION 26. That Section 5-120, POWERS AND AUTHORITY OF
CITY AUTHORIZED REPRESENTATIVE, is hereby re-enacted and shall
read as follows:
5-120: POWERS AND AUTHORITY OF CITY AUTHORIZED
REPRERSENTATIVE: The City through its authorized representative
bearing proper credentials and identification shall be permitted,
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888.4461
during proper and reasonable hours of the 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 Ordinance. Also,
the City through its authorized representative bearing proper
credentials and identification shall be permitted 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 terms of the duly negotiated easement
pertaining to the private property involved.
SECTION 27. That Section 5-122, REJECTIONS OR
DISAPPROVALS, is hereby repealed and read as follows:
SECTION 28. That Section 5-122, REJECTIONS OR
DISAPPROVALS, is hereby re-enacted and shall read as follows:
5-122: REJECTIONS OR DISAPPROVALS: 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.
SECTION 28. That Section 5-124, WATER MAIN EXTENSIONS, is
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 88"461
hereby repealed.
SECTION 29. That Section 5-124, WATER MAIN EXTENSIONS, is
hereby re-enacted and shall read as follows:
5-124: WATER MAIN EXTENSIONS: 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 will be the responsibility of the owner or his
agent. Such water line extensions, public or private, shall be
extended to the farthest boundary of the property.
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 City. Unless a special permit 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.
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 88"461
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
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, rights -of -way limits, sequence of
construciton, 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 of the municipal water system until the
extension project has been approved by the City.
After the construction of the municipal water system
extensions, it shall be the obligaton 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 Clerk. Following certification by the registered
engineer and accpetance by the City, the entire extension of the
municipal water system, including the water service lines, shall
AMBROSE,
FITZGERALD
8 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83642
Telephone 8884461
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.
SECTION 30. That Subparagraph (B) of Section 5-124A,
PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES OF
CONSTRUCTING OFF -SITE WATER LINES; CO-OPERATIVE AGREEMENTS, shall
be repealed and read as follows:
SECTION 31. That Subparagraph (B) of Section 5-124A,
PAYMENT OR CONSTRUCTION OF PROPORTIONATE COSTS AND EXPENSES OF
CONSTRUCTING OFF -SITE WATER LINES; CO-OPERATIVE AGREEMENTS, is
hereby re-enacted and shall read as follows:
(B) Should a water user at his own expense construct an
extension to the water system 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 determined by the City to be able to benefit
properties other than the user, the water user constructing the
extension may request that the City enter into an agreement with
the user such that all or a portion of the costs of extending the
AMBROSE,
FITZGERALD
dCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 88&4481
water line will be reimbursed to that water user from the
connection charges collected under subsection (A) above from
those property owners who will benefit from the water line
extension and who otherwise have not paid or contributed their
proportionate share to that water line; the City shall not be
required to enter into such an agreement and the decision of
whether or not to enter into such an agreement shall be at the
sole discretion of the City Council; provided however, no
reimbursement agreement shall have a duration greater than ten
(10) years unless the City is a beneficiary of the agreement; 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; a
reimbursement agreement may provide for interest to be paid to
the water user; the City shall be entitled to charge and shall
receive a ten percent (10%) administrative fee for handling the
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; 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; that the agreement shall be binding on the water user
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
and his assigns, successors, heirs, and executors and may be
recorded as an encumbrance against the property of the water
user; that the water user shall be required to indemnify and hold
the City harmless from any and all liability whatsoever until the
water line has been accepted for maintenance by the City; that
all lines once accepted by the City for maintenance shall
thereafter become part of the City water system and be the sole
property of the City.
Where the City constructs a water line extension, either on
its own or in conjunction with another person or entity, the City
may enter into a reimbursement agreement as authorized above such
that the City is reimbursed for its costs of construction,
engineering, legal costs and interest.
SECTION 32. That Section 5-125, BASIS FOR AUTHORIZED
WATER USER CHARGES, is hereby repealed.
SECTION 33. That Section 5-125, BASIS FOR AUTHORIZED
WATER USER CHARGES, is hereby re-enacted and shall read as
follows:
5-125: BASIS FOR AUTHORIZED WATER USER CHARGES: 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 sytem of the City, and which charges and fees
shall be as near as possible, uniform as to the different users
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
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 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 Chapter to
cover the cost of standby fire protection facilities and other
benefits.
SECTION 34. That Section 5-126, WATER USER AND EQUIVALENT
CONNECTION APPRAISAL, is hereby repealed.
SECTION 35. That Section 5-126, WATER USER AND EQUIVALENT
CONNECTION APPRAISAL, is hereby re-enacted and shall read as
follows:
5-126: WATER USER AND EQUIVALENT CONNECTION APPRAISAL: Each
user and parcel being subject to water user charge 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 uniformity of the use of the water, the standby
benefits of the water system for fire protection and for other
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83642
Telephone 888-4461
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 and uses within the City that has the municipal water
service available.
SECTION 36. That Section 5-127, SPECIAL WATER USER CHARGE
FOR OUTSIDE THE CORPORATE LIMITS, is hereby repealed.
SECTION 37. That Section 5-127, SPECIAL WATER USER CHARGE
FOR OUTSIDE THE CORPORATE LIMITS, is hereby re-enacted and shall
read as follows:
5-127: SPECIAL WATER USER CHARGE FOR OUTSIDE THE CORPORATE
LIMITS: The City may provide service from the municipal water
system to individual properties that are partially or entirely
outside the corporate limits of the City. Each request for such
service must be approved by the City Council and all regulations
of this Chapter must be complied with by such special water
users. The water user will be considered a special user as long
as the property being served remains outside the corporate limits
of the City. The special water user shall be charged an
installation chrage, connection charge and a monthly user charge
which shall be the same as a user within the City limits,
however, the hookup fees shall be double the fees charged a user
within the City limits.
SECTION 38. That Section 5-129, DUTIES OF THE BOARD OF
APPRAISERS, is hereby repealed.
SECTION 39. That Section 5-129, DUITES OF THE BOARD OF
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83642
Telephone 8884461
APPRAISERS, is hereby re-enacted and shall read as follows:
5-129: DUTIES OF THE BOARD OF APPRAISERS: The Board of
Appraisers is delegated the duty of establishing the equivalent
connection rating for various uses and users and all City imposed
charges in connection with the municipal water system including
inspection fees, hookup fees, installation charges, monthly user
charges, disconnection fees, and user deposits. The Board of
Appraisers shall have the power to promulgate such rates, fees or
charges or changes in the said rates, fees and charges that are
deemed necessary to adequately carry out the maintenance,
operation and administration of the municipal water system under
the authority of this Chapter.
SECTION 40. That Section 5-130, PURPOSE OF MONTHLY WATER
USER CHARGE, is hereby repealed.
SECTION 41. That Section 5-130, PURPOSE OF MONTHLY WATER
USER CHARGE, is hereby re-enacted and shall read as follows:
5-130: 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
capital improvement costs, additions, oversized extensions to the
system, 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
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 88"461
passage of this Ordinance, or an amending Ordinance, and monthly
user charge billing under the rates described herein shall begin
at the end of the first calendar month following acceptance of
this Ordinance. For new connections, 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.
SECTION 42. That Section 5-131, MONTHLY RATES, is hereby
repealed.
SECTION 43. That Section 5-131, MONTHLY RATES, is hereby
re-enacted and shall read as follows:
5-131: MONTHLY RATES: All owners who receive or have the
right to receive the benefit of the City'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 protection
provided by the municipal water supply system. The owners of all
property within the Corporate Limits, which property is within
three hundred feet (3001) 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 Chapter, or as determined by
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83642
Telephone 88"481
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 classifications.
The minimum monthly user charge shall be five dollars
($5.00) 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 five dollars
($5.00).
i.e., A laundry having twelve (12) machines would have an
equivalent connection rating of:
(4.00) + (2 x .25) = 4.50
and a subsequent minimum monthly user charge of:
(4.50) x ($5.00) = $22.00
All money extensions shall be totaled upward to the nearest
figure divisible 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 II. 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, whichever is greater. Should an
owner request a City water service line to be disconnected, for
AMBROSE,
FITZGERALD
S CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4461
any reason, there shall be paid to the City a disconnection fee
as set by the Water Superintendant with approval of the City
Council. The owner must request the City to place the line back
in service. There will be a charge set by the Water
Superintendant with approval 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 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.
CHARGES FOR WATER AND INSTALLATION:
The charges for water shall be as follows: In all cases, the
minimum charge shall be five dollars ($5.00) per month.
Nonresident shall be charged the same monthly user charge.
In case a water meter fails to register correctly 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 charges shall be as follows:
For all meters installed the charge shall be set by the
Board of Appraisers. All installed meters shall be property of
the City.
Water hookup $380.00 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 supervised by the City and to
conform to City requirements and City Plumbing Codes.
SIZE OF LINE CHARGE 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 private fire service lines shall be equipped with sealed
gate valve or thermal automatic openings.
Private fire service lines shall be used for fire control
only. Any other use is unlawful.
THE FOLLOWING DESIGNATED OPERATIONS SHALL REQUIRE THE
FOLLOWING NUMBER OF HOOKUPS:
TABLE II
Equivalent Connection Determinations
Classification
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
No. of Equivalent
Connections
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
SW2
Telephone888.//81
Apartment (see Multiple living unit)
Bank, per 3,000 sq. ft.
1.00
Bar, per 3,000 sq. ft.
1.00
Barber shop, per chair, (minimum 1.00)
0.50
Beauty salon, per operator station
(minimum 1.00)
0.50
Bowling Alley, per lane, (minimum 1.00)
0.20
Cafe, per customer seating capacity
(minimum to be 2.00 equivalent connections)
0.10
Car dealer
2.00
Car wash (to be computed on an individual
basis)
Church
2.00
Club, private, per 3,000 sq. ft.
1.00
Condominium (see Multiple living unit)
Dentist, per practitioner
1.00
Department store, per 3,000 sq. ft.
1.00
Doctor, per practitioner
1.00
Drug store, per 3,000 sq. ft.
1.00
Dry Cleaners, per 3,000 sq. ft.
1.00
Duplex (see Multiple Living Unit)
Fourplex (see Multiple Living Unit)
Garage, per 3,000 sq. ft.
1.00
Grocery store (see Retail food store)
Hospital, per bed
0.15
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldian, Idaho
83642
Telephone 888-4461
Laundries:
Self-service up to and including ten (10)
washing machines
Each washing machine in excess of ten (10)
Commercial (to be computedon an
individual basis
Lodge or private club, per 3,000 sq. ft.
Mobile home court or park, per space
Short term tenant type, per space
Mobile home or trailer house on own premises
Motel, hotel, rooming house, etc. (cont.)
With cooking facilities
First unit
Each additional unit
Motel, hotel, rooming house, etc. (cont.)
With cooking facilities
First unit
Each additional unit
Multiple living unit
Studio or one bedroom
Two (2) bedrooms or more
Office building for each 2,500 sq. ft.
of gross floor space or fraction thereof
Occassional use from standpipe,
Fire hydrant, etc.
4.00
0.25
2.00
1.00
0.50
1.00
1.00
0.25
1.00
0.50
0.75
1.00
1.00
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 88"481
for each 2,000 gallons or fraction thereof
0.50
(minimum to be 0.50 equivalent connection)
Photo development lab
2.00
Restaurant, per customer seating capacity
(minimum to be 2.00 equivalent connections)
Retail food store for each 3,000 sq. ft. of
gross floor space or fraction thereof
1.00
Retail store for each 3,000 sq. ft. of gross
floor space or fraction thereof
1.00
Service station
Gas and restroom service only
2.00
Full service
4.00
With car wash (to be computed on an
individual basis)
---
Schools, per each 50 students in average
daily attendance or fraction thereof
1.00
Single family residence
1.00
Swimming pool
Public, per 500 sq. ft.
1.00
Private, for each 500 sq. ft. of
Pool water --water surface area or
fraction thereof
1.00
Tavern, per 3,000 sq. ft. (minimum to be
2.00 equivalent connections)
1.00
Theatre
1.00
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 888.4461
Trailer court of park
Long term tenant type, per unit
1.00
Short term tenant type, per unit (minimum 1.00)0.50
Triplex (see Multiple living unit)
Railroad depot
2.00
Variety store, for each 3,000 sq. ft. of
gross floor space or fraction thereof 1.00
TABLE III
Schedule of Water Use Fees
Gallons Consumed Water Use Fee
From To
0 4,000 $5.00
4,001 50,000
$ .80 per 1,000 gallons
50,001 gallons
$ .70 per 1,000 gallons
and up
SECTION 44. That Section 5-133, REGARDING DELINQUENCY, is
hereby repealed.
SECTION 45. That Section 5-133, REGARDING DELINQUENCY, is
hereby re-enacted and shall read as follows:
5-133: REGARDING DELINQUENCY: The City Clerk shall furnish
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 for other charges relating to
the water system; and if any owner neglects to pay his water bill
by the tenth day of the month, or shall fail or refuse to pay the
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4481
water bill in that time period, 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. Should the owner not request a
pre -termination hearing or if an 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 the use, plus a ten dollar ($10.00) turn -on
charge as a condition of receiving water 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 allowance will be made for nonuse for less
that one month. All corrections as to the charge and all
abatements shall be made under the direction of the Mayor and
Council and shall be certified by the City Clerk, and all water
bills must be paid by the owner of the property upon which the
same is used and not by the tenants thereof.
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 with the due process
protection described below; the City will not discontinue water
service to any owner's property 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, if a pre -termination
hearing is requested by any owner. The City Council shall have
the responsibility of holding pre -termination hearings. 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.
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
AMBROSE,
FITZGERALD without informing the owner of the right to a hearing before the
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 88&4481
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 8884461
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 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 delineated 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.
SECTION 46. That Section 5-134, AUTHORITY TO AMEND
REGULATIONS, is hereby repealed.
SECTION 47. That Section 5-134, AUTHORITY TO AMEND
REGULATIONS, is hereby re-enacted and shall read as follows:
5-134: 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
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 88"481
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 may be made by resolution.
SECTION 48. That Section 5-135, WATER FUND, is hereby
repealed.
SECTION 49. That Section 5-135, WATER FUND, is hereby
re-enacted and shall read as follows:
5-135: 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. 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 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 of the requirements for the maintenance
operation, repairs and upkeep of the domestic water system of the
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.
SECTION 50. That Subsection (D) of Section 5-136,
UNAVAILABILITY OF MUNICIPAL WATER SYSTEM; PRIVATE WATER SYSTEMS,
is hereby repealed.
SECTION 51. That Subsection (D) of Section 5-136,
UNAVAILABILITY OF MUNICIPAL WATER SYSTEM; PRIVATE WATER SYSTEMS;
is hereby re-enacted and shall read as follows:
(D) 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 permanent right of access to any street, alley
or right of way in which there is located a City water
line of said City 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 fifteen
(15) days after date of official notice from the City
to do so, provided, however, that said City water is
within three hundred feet (3001) 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. 368, 5-5-80)
SECTION 52. That Section 5-140, WATER LINE DEVELOPMENT,
is hereby repealed.
SECTION 53. That Section 5-140, WATER LINE DEVELOPMENT,
is hereby re-enacted and shall read as follows:
AMBROSE, I
I
FITZGERALD 5-140: WATER LINE
8 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
M2
Telephone 888.4461
DEVELOPMENT: The primary cost and
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
WW2
Telephone 88"461
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. The City, however, recognizes that in certain instances it
may be desirable from the City's standpoint, to have a larger
line installed than required to serve the specific development in
question. When such a situation exists, it is the City's policy
to require the larger line, and to varying degrees, depending on
each specific situation, possibly participate in the increased
costs necessitated by the larger line. (Res. 55, 12-3-73)
SECTION 54. That Section 5-141, SEWER AND WATER PLANS
ADOPTED, is hereby repealed.
SECTION 55. That Section 5-141, SEWER AND WATER PLANS
ADOPTED, is hereby re-enacted and shall read as follows:
5-141: SEWER AND WATER PLANS ADOPTED: The sewer and water
plans as defined in the "Preliminary Report -Rural Community Sewer
and Water Plan for Ada County -Meridian" are hereby adopted as the
Sewer and Water Plan for Meridian.
SECTION 56. That Section 5-142, PENALTIES, is hereby
repealed.
SECTION 57. That Section 5-142, PENALTIES, is hereby
re-enacted and shall read as follows:
5-142: PENALTIES: Any person found to be violating any
AMBROSE,
FITZGERALD
S CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone888-4461
provisions of this Ordinance, other than for nonpayment of a
water bill, shall be served by the City with a written notice
stating the nature of the violation and providing ten (10) days,
for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently
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.
Any person who shall continue any violation beyond the time
limit provided for hereinabove in this Section, shall be guilty
of a misdemeanor, and on conviction thereof shall be subject to a
fine not exceeding three hundred dollars ($300.00) or
imprisonment not exceeding thirty (30) days or both such fine and
imprisonment for each violation and shall have his water service
terminated. Each day in which such violation shall continue shall
be deemed a separate offense.
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 non-payment of water bill violations, may have their water
supply terminated after the above ten (10) day notice period has
expired.
That these penalties shall not be construced to be exclusive
but shall be construed to be cumulative of, and in addition to,
any other penalties provided for in the Revised and Compiled
Ordinances of the City of Meridain 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.
SECTION 58. EFFECTIVE DATE: These Ordinances shall be in
full force and effect from and after its passage, approval and
publication according to law.
PASSED AND APPROVED this-2 J day of r
1987.
CITY OF MERIDIAN
BY trr
GRA T KINGSF R
MAYOR
TEST
TY CLERK
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone BW 4461
AMBROSE,
FITZGERALD
R CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldian, Idaho
83642
Telephone 888.446,
SUMMARY OF ORDINANCE NO.�
On April 21, 1987, at its regular meeting on the third
Monday of the month the Meridian City Council passed and approved
Ordinance No-4 Z& which Ordinance amends Title 5, Chapter 1, of
the Revised and Compiled Ordinances of the City of Meridian,
WATER SYSTEM; the Title of Ordinance - reads as follows:
AN ORDINANCE AMENDING THE WATER ORDINANCES OF THE CITY OF
MERIDIAN BY REPEALING SECTIONS 5-101, 5-102, 5-104, 5-105, 5-110,
5-111, 5-112, 5-113, 5-114, 5-116, 5-117, 5-119, 5-120, 5-122,
5-124, 5-124A, 5-125, 5-126, 5-127, 5-129, 5-130, 5-131, 5-133,
5-134, 5-135, 5-136, 5-140, 5-141, 5-142 IN THE WATER ORDINANCES
OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN
AND RE-ENACTING SAID SECTIONS TO MAKE NEW ADDITIONS; AND
PROVIDING AN EFFECTIVE DATE.
The principal provisions of Ordinance No.q are:
1) It states a purpose of the Water System Ordinance,
2) It provides amended definitions for City water service
line, municipal water system, oversized main, private fire
service connection, private water service line, sprinkler
irrigation, superintendent, authorized water user, and
unauthorized water user.
3) It provides for application to the water superintendent
for water service and procedures therefore.
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 8864461
4) It provides that any person who turns on the water
after it has been shut off by the City shall be subject to the
penalties provided in the Ordinance.
5) It provides penalties and sanctions for malicious or
willful waste of water and requires users to repair the water
lines at their cost.
6) It provides that water service may be terminated after
ten days notice for violations of the ordinance other than
non-payment.
7) It increases the maximum size for sprinkler hoses.
8) It adds the City Engineer as a person who shall be
afforded entry to places supplied with City water.
9) It provides the City shall not be liable for a water
shortage.
10) It removes a provision that indirectly indicated the
City Water Department would install water lines.
11) It provides that extensions to the water system shall
be paid for by the property owner, that oversized lines may be
required, that line extensions shall be not only to the property
but through and within the property, that line extension may
include fire hydrants, that line extension in newly developed
areas shall be performed prior to paving of streets.
12) That the City may participate in line extension; that
the City may be a beneficiary of a late comers agreement; that a
late comers agreement may include payment of interest.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 889.4461
13) It provides a basis for authorized water user
charges.
14) It deletes some referrences to section numbers in the
ordinance that do not adequately reflect which section is being
referred to.
15) It provides for the duties of the Board of Appraisers.
16) It states a purpose of the monthly water user charge;
sets forth the monthly rates; provides that property within 300
feet of a water line shall connect to the water system; provides
for charges for water installation and hook-up fees and
equivalent connection ratings for various water users; and sets
forth a schedule of water user fees.
17) It provides for billing the water user and sets up
procedures for termination of water use for non-payment of the
water bill.
18) It provides that the Mayor and Council may amend the
regulations pertaining to water use and if the Council desires to
alter the water or installation rates or charges they may do so
by resolution.
19) It establishes a water fund and provides that all fees
and charges collected under the provisions of the Water System
Ordinance shall be deposited to that fund and used to operate the
system and pay any indebtedness related thereto.
20) It provides that when a
property becomes within 300
feet of a water line that property shall be connected to
the
AMBROSE,
FITZGERALD
d CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 888.4481
water system.
21) It provides that the cost of water line extension shall
be borne by the owner; that oversized lines may be required and
in some instances the City may participate in the cost of
oversized lines.
22) It adopts sewer and water plans.
23) It provides penalties for violation of the ordinance
which include misdemeanor penalties of 30 days in jail or $300.00
fine or both; for termination of water service, either with or
without notice, depending on the violation; and provides that the
violator shall be liable for any costs the City has incurred as a
result of the violation and that such costs can be included on
the water bill.
24) It provides that it shall be effective upon passage and
publication.
The public is additionally informed that the full text of
Ordinance No.�7``-- 4�_ inspection or copying at the
Meridian City Hall, 728 Meridian Street, Meridian, Idaho.
This Summary was approved by the Meridian City Council on
April 21, 1987 at its second regular meeting in April.
DATED this'V sL day of April, 1987.
Jack Niema", City Clerk
ATTORNEYS CERTIFICATE
The attached Summary of Ordinance No.'�
�' is true and
complete and provides adequate notice to the
q public of said
Ordinance No. which is an Ordinance amending the Water_
System, Revised and Compiled Ordinances of the City of Meridian,
Title 5, Chapter 1.
DATED this 21st day of April, 1987.
WayrAttorney
Crookston, Jr.
Cit
City of Meridian
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4461