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0018 Regulation of Municipal Water 1953ORDINANCE NO.-IL—. AN ORDINANCEssKELATING TO AND- REGULATING THE OPERATION OF'THE MUNICIPAL WATER SYSTEM OF THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, IDAHO; PROVIDING FOR RULES REGULATING AND FIXING THE USE AND PRICE OF WATER SUPPLIED BY THE VILLAGE AND CONNECTIONS THEREWITH; ESTABLISHING A WATER DEPARTMENT FOR THE VILLAGE AND DEFINING ITS DUTIES AND POWERS: PROVIDING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; AND REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CHAIRMAN AND THE BOARD OF TRUSTEES OF THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, IDAHO: Section 1. Water Department. The Water Department for the Village of Chubbuck, Idaho, is hereby created and defined. The Water Department shall consist of the Chairman and Board of Trustees of the Village of Chubbuck, the Village Clerk, the Village Treasurer and ,a Superintendent of Water and such other employees as may from time to time be appointed by the Village Board. Section 2. Superintendent. A Superintendent of the Water Department shall be appointed by the Village Board, and shall hold such position during the pleasure of the Chairman and Village Board, and receive such salary as the Village Board may determine; provided, that in the case of absence of the Superintendent, or vacancy in the position, the Chairman of the Village Board of Trustees shall act in such capacity. Section 3. Duties of Superintendent. The duties of said Superintendent shall be to oversee and superintend the operation and maintenance of the water system, the making of repairs of all kinds, the construction of all extensions and add- itions and all construction work of whatever nature whatsoever in connection with the present water system and any new system that may be established. The Superintendent of the Water 'Department shall be subject at all times to the direction and authority of the Chairman and Board of Trustees of the Village. Section 4. Duties of Village Clerk and Village Treasurer -- Collections. The Village Clerk shall collect and receive all deposits, water rentals or other moneys payable pursuant to law by patrons of the Village Water Department. Said Clerk shall keep full and complete records of all such moneys received, the date and from.whom received and upon what account and shall also keep accurate and complete account of all disbursements, showing the date and amount thereof, the person to whom paid and upon what account. The Village Clerk shall deliver all such revenues to the Village Treasurer, who shall deposit said moneys in the bank in the res- pective funds and for the respective purposes, as provided by Ordinance No. 11 and all other ordinances of the Village of Chubbuck pertaining thereto. Section 5. Rules and Regulations. That the rules and regulations as set forth herein be, and the same are hereby established for the management of the municipal water system of the Village of Chubbuck. Section 6. All applications for service installations and for water service . shall be made at the office of the Water Department on printed forms furnished by the Water Department, and shall contain the name of the owner or occupant, an account number, building permit number if for new building, size of connection required, and when possible a description of the property, lot, block and addition, name of the street upon which the property fronts and the official street number, and the signature of the applicant agreeing to conform to the rules and regulations of the Water Department that may be established by the Village as conditions for the use of water. All applications for service installations shall be made by the owner or occupant of the property to be served, or by his duly authorized agent, and the applicant shall, at the time of making application, pay to the Vilia§ke�.Clerk the amount of the fees or deposit required for the installation of the service connection, as hereinafter provided. When service connections have been installed, application for water service may be made either by the owner, or his duly authorized agent, or by the tenant or occupant of the premises. The applicant shall at the time of making application pay to the Village Clerk the amount of deposit required to secure the payment of charges for water,service as hereinafter provided. Section 7. Deposit or Guaranty of Owner. If the applicant for water service is the owner of the building or premises to be supplied, no guaranty deposit shall be required, but otherwise the minimum monthly charge for such connection shall be deposited with the Village Clerk upon the signing of the application. This deposit is to guarantee the payment of water rentals or other proper charges payable to the Village, the same to be held in a fund known as the "Water Service Deposit Fund," and to be retained in said Fund until such applicant shall have discontinued the use of such premises or building, or shall have become the owner of same in which event the deposit shall be refunded, less any sum that may be due the Village for water rentals or otherwise. Section 8. Accounts. All accounts shall be kept by the Village Clerk on the books of the Water Department by the house and street number and under the account number assigned thereto and the name of the owner or of the person signing the application for service. All bills and notices sent out by the Water Department shall be sent to the house or street number of the property. Section 9. All charges for water service shall be due at the office of the Village Clerk as follows: 411� a. Water rent for all users of water the 9th or 10th days of each and during the preceding month. shall be due and payable on every month for water used b. Where the water rental has not been paid within the days herein specified, the same shall be held delinquent and there shall be added to each water bill so delinquent an additional charge of 109/o of the amount due on said account, which shall be added to said account and collected with the account. When the last day of the payment period falls on a Sunday or legal holiday, the day succeeding shall be the last day for the payment of bills. c. When a rental has become delinquent the water service may be shut off at the discretion of the Water Department, and may not be turned on again until all arrears and penalties have been paid, and also a charge in the sum of One Dollar ($1.00) for the turning of the water off and on again. Section 10. After the installation of service pipes extending from the main to the extended property line of the nearest property line abutting the main, in the direction of applicants premises, including a meter, the necessary labor and materials for repair and maintenance thereof, and the cost of maintenance thereof shall be furnished and made by the Water Department. Section 11. Each property,< after the effective date of this ordinance and the installation of said water system, capable of title transfer and each residence located on any one property and not joined with other property thereon inseparably or under the same roof shall be considered as an individual consumer, and each individual consumer shall be supplied through a separate service connection and meter; provided, however, conditions not herein provided for shall be provided for by action of the Village Board on the conditions imposed by the Board therefor. After the applicant has complied with the prescribed requirements relating to the application for service connection and has paid all charges, the Water Department shall permit the property described to be connected with the Municipal Water System at the expense of the applicant. Wherever practicable the service connection shall be made in the street in front of the property to be served. Each service shall consist of a tap and connection with the pipe at the property line of the property to be served, a curb cock and water meter placed inside bf the curb line, together with the necessary covers for meter and curb cock. The Water Department shall have the right to install a single service pipe from the water main to the curb line, of sufficient size to supply two or more separate properties, and with individual curb cocks and meters for separate properties. Section 12. For all service connections applied for and made after t wat r system has been installed, the charge therefor shall be as follows: The charge for making the connection with the water main shall be $25,00, payable to the Village of Chubbuck, and in addition thereto, the applicant 2. shall bear the entire cost and expense of installation of service connection and of the extension pipe and installation thereof from the water main to the property line of the place of use, such installation to be made under the supervision of the Superintendent of Water Works of the said Village., Section 13. In case application is made for water requiring extension of mains. either within the Village or outside of the Village, the application shall be made to the Water Department and immediately referred to the Board of Trustees of the Village, and the Board.of Trustees shall determine whether such application shall be granted, and determine the terms and conditions upon which said extension will be made; provided further, one of the conditions of such authorization of sucl*xtension shall be that the extension so made from the Village mains to the property line of the applicant shall become and at all times remain the sole and exclusive property of the Village. Section 14. Change in Location or Size of Service Installation: Any change made in a service installation, at the request of the property owner or water user, or made necessary due to any act of his, after such installation has once been made, whether such change shall involve a change in size of pipe or meter, or both, or a change in the location or elevation thereof, shall be made solely at the expense of the applicant, who shall pay the entire cost thereof. Section 15. All new service pipes shall be placed not less than five feet below the established grade of the street, and at an equal depth below the surface of the ground upon all private property for a distance of at least 20 feet from the meter. The Water Department shall have the right to increase this depth pipes shall be laid where deemed necessary. Section 16. A special valve or stop and waste cock shall be installed on the pipe leading from the meter into each property served and no branch pipe, bibb or fixture of any kind shall be connected to the pipe between this valve or stop and waste cock and the meter. This valve, or stop and waste cock shall be installed and maintained by the property owner or water user; it shall be for his use in making extensions and repairs of the plumbing upon the property, and it shall be accessible to the Water Superintendent at all times, and,where necessary, a suitable box and key shall be provided. In case the water is shut off from any service which is not provided with such a valve or stop and waste cock or with one which is not in good condition, the property owner or water user shall make arrangements to install, repair or replace such valve or stop and waste cock, and the water shall not be turned on again until such a valve or stop and waste cock has been installed, repaired or replaced. Section 17. No sewer line shall be laid less than six feet from a domestic water line. Section 18. All installations for connection with the Village Water Supply System shall comply with the usual standard plumbing regulations in force and being used in the vicinity of Chubbuck, and with all ordinances adopted by the Village pertaining thereto, and shall at all times be subject to the inspection of the Water Superintendent or such person employed or appointed by the Village therefor, and, if #installations are not so made, the Village Board may order such installations corrected to conform to said requirements. Section 19. No person, firm or corporation shall hereafter be connected with the domestic water supply or domestic water supply system of the Village of Chubbuck until such person, firm or corporation has fully complied with all the provisions of this ordinance, and it shall be unlawful for the Water Oepartment or Village to give such person, firm or corporation, water service from the domestic water supply system of said Village of Chubbuck, or to connect the plumbing of such person thereto, until the provisions of this ordinance shall have been complied with by such person, and at the time application is made to the Water Department of the Village of Chubbuck by such person, firm or corporation for water service, proper showing shall be made and presented to the Water Department showing compliance with this ordinance. Section 20. All wrought iron or steel pipe used for service installations shall be of standard weight and heavily galvanized or properly coated both inside and outside with some suitable protective coating approved by the Water 3. Department. Copper or lead alloy pipe may be used'for services of small diameter, and cast iron pipe properly coated may be used for diameters may', inch.and greater when approved by the Water Department or by the Village Board. Section 21. The ownership of all extensions, service pipes and appurtenant equipment maintained by the Water Department shall be vested in the Village of Chubbuck, and in no case shall the owner of any property or premises have the right to claim or reclaim or remove or damage any part thereof. Section 22. Plumbers failing to perform their work according to established rules and regulations or executing it unskillfully or to the damage of the Water Department or system may be debarred temporarily or permanently from making connections, or doing any work on fixtures or pipes connected with or leading from the Village's mains. Section 23. Waste. It shall be unlawful for any person to waste water or allow it to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets or other fixtures, or to use water closets without self - closing valves, or to use water in violation of the Village's ordinances regulating said use of water. The willful,:: wasting of water shall be a misdemeanor; if such waste of water continues after receiving notice from the Water Department to make repairs and to desist from the waste of water, the Water Superintendent shall shut off the water supply from such premises until the necessary repairs have been made, and the water so wasted is paid for by the user thereof. Section 24. Frozen Services. All service installations, except the summer sprinkling services shall be placed at the depth required in Section 15 in order to avoid all probability of freezing, and the Water Department shall be responsible for all frozen meters and all frozen services owned by the Village, and the owners of property served shall be responsible for all other frozen services located on the premises served, and shall pay the cost of thawing of such privately owned pipes whenever necessary. Section 25. Interruption of Service. The Village reserves the right at any time, without notice, to shut off the water supply when necessary for repairs, extensions, or nonpayment of rates, and the Village shall not be responsible for any damage ,resulting from the shutting off of water for said purposes. Section 26. Access to Premises. Employees of the Water Department, properly identified, shall have free access, at proper hours of the day, to all parts or premises to which water may be delivered from village mains, for the purpose of inspecting the conditions of the pipes and fixtures and the maim in which water is used. Section 27. All water meters installed by the Water Department shall be and remain the property of the Village, and may be removed or'replaced, or changed as to size and type by the Water Department whenever deemed necessary by the department. Section 28. The Water Depattment shall maintain and repair all meters when rendered unserviceable through reasonable wear and tear; and shall replace them if necessary; provided, however, that where replacement, repairs or adjustment of any meter is renderedinecessary by the act, neglect or carelessness of the owner or occupant of any premises, any expense caused to the Water Department thereby shall be charged against and collected from the water consumer, and water service may be discontinued until the cause is corrected and amount charged collected. Section 29. Where property owners desire to extend pipes for the purpose of sprinkling or conducting water to certain points for use other than regular connections to the property, the Village Board may grant special permits therefor as to the depth and conditions under which such pipes may be laid and used. Section 30. Water Rates and Regulations. That beginning January 1, 1953 or as soon thereafter as the water works plant is installed and in operation, all users or consumers of water furnished from the Municipal Water Plant of th Village of Chubbuck shall be furnished water by the Village at the following rates, for water used through meters: 4. To consumers within the Village of Chubbuck, to -wit: For the first 5,000 gallons, ninety cents per 1,000 gallons For the next 20,000 gallons,, twenty -five cents per 1,000 gallons For the next 25,000 gallons: twenty cents per 1,000 gallons For the next 50,000 gallons, fifteen cents per 1,000 gallons For all over 100.000 gallons, eight cents per 1,000 gallons Provided,, however,, that in no case shall the monthly minimum charge be less than the following: For 3/4 inch meter— - - -w ___$4.50 For 1 inch meter- - r--------- wr- -r- - -- _$6.00 For 1% inch meter ------------ --------- -$6.75 To consumers outside of the Village of Chubbuck, to -wit: For the first 5,000 gallons, one dollar per 1,000 gallons For the next 20,000 gallons, thirty cents per 1,000 gallons For the next 25,000 gallons, twenty -five cents per 1,000 gallons For the next 50,000 gallons, twenty cents per 1,000 gallons For all over 100,000 gallons, ten cents per 1,000 gallons Provided, however, that in no case shall the monthly minimum charge be less than the following: For 3/4 inch meter ----- •---- .---- «•--- --- - -- -$5.00 For i inch meter------ --- $6,50 For A inch meter- --- - ---.- .-- - - - --- -$7.50 ' Provided further, that where the property is to be vacant and unoccupied and no water used for a period of one month or more, the owner may apply to the Village to have the water shut off, during such vacancy, and while so shut off from the property, no minimum or other charge shall be made for water during said period, but such period of relief from the minimum charge shall not exceed five months in any one year, and at the expiration of any five months period of vacancy or of unoccupied property where the water is shut off, as above, the minimum charge shall begin and be imposed. Provided further, that when the water has been turned off, the applicant for turning it back on shall pay to the Village the sum of $2.50, as a service charge therefor, The Village of Chubbuck shall pay at the above established rates for all water used for municipal purposes, which charges shall be paid to the Village Clerk from the General Fund of the Village to be thereafter handled in the same manner as the revenues from regular consumers or users. Section 31. Where an individual consumer is supplied with water through more than one metered service, charges shall be computed separately for each individual meter. Section 32. If any fire protection service is installed outside the limits of the Village, the same may be discontinued at the will of the Village Board, and the connection with the main removed at the expense of the owner or occupant of the property served. Section 33. The Water Department shall install, maintain and keep in repair all Village fire hydrants and shall control which hydrants shall be used by the Village street flusher. No other person than an employee of the Water Department shall change or interfere in any manner with the adjustment of fire hydrants or the valves connected therewith. Section 34. No person other than an employee of the Water Department or the Fire Department or an employee of the Street Department who is engaged in sprink- ling or washing the public streets or flushing sewers shall operate fire hydrants or interfere in any way with the Village water system without first obtaining authority from the Superintendent of the Water Department. Section 35. Fire Hydrant Charge: The Village Fire Department shall pay from its current expense fund to the Water Department a monthly charge of $2.00 for each municipal fire hydrant attached to the system of the Village Water Department, for maintenance, operation and installation of fire hydrants. 5. Section 36. Temporary water service for Contractors and others: Contractors and others who temporarily desire to use village water may do so at the regular meter rates by first making application to the Water Department in the regular manner for the installation of a meter and by making a deposit with the Village Clerk equal to the cost of the meter and its installation. In case conditions make it desirable, arrangements may be made between the Water Department and the applicant whereby water will be furnished at a fixed charge. This charge shall be paid in advance, or if the use of water extends over one month, payment shall be made in advance for each month. Section 37. All persons, contractors, corporations or any Village Department, before doing any street or alley work, such as grading, regrading, filling, trenching or paving, etc., shall apply to the Village Board of Trustees for approval thereof before beginning such work, and shall furnish the Village Board with the plan for the work contemplated to be done, and such work shall only be done if permitted in accordance with the specifications and requirements of the Board of Trustees made therefor. Section 38. Ground Wire Attachments: All persons, firms or corporations are forbidden to attach any ground wire or wires to any plumbing which is or may be connected to any service connection or main belonging to the Water Department; and the Department will hold the owner of the premises liable for any damage to the property of the Water Department occasioned by any such ground wire which is now or may hereaftet be attached. The water supplied to such premises may be discontinued until such connection is removed. Section 39. Allowances and Proper Charges Time Limit: Any bill for water supplied or service rendered will be considered a proper charge unless protest is made to the Water Department within fifteen (15) days after the presentation of said bill. Adjustment will only be allowed when evidence clearly shows that the excessive charge is due to leaking pipes or fixtures and not wasteful use and then only when repairs have been promptly made and reported to the Water Department. The Superintendent of the Water Department shall be the sole judge in determining the excess consumption due to leakage. Section 40. It shall be unlawful for any person, unless duly authorized by the Superintendent or the Village Board of Trustees to disturb, interfere with or damage any water main, water pipe, machinery, tool, meter or any other appliances, buildings, improvements, etc., belonging to, connected with, or under the control of the Municipal Water Supply System of the Village of Chubbuck. Section 41. It shall be unlawful for any person to put any substance of any kind into the water system of the Village, or place any foreign substance upon any grounds belong to, or connected with the Municipal Water Supply System of the Village of Chubbuck. Section 42. Turning on Water After Being Turned Off Prohibited. It shall be unlawful for any person, after the water has been turned off from his premises or building by the Water Department on account either nonpayment of rental or of wasting water or for any other reason whatsoever, to turn on or allow water to be turned on, or to use or allow the water to be used, except by authority of the S uperintendent.of the Water Department. Section 43. It shall be unlawful for any person to obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt, or other material, or, without the authority from the Water Superintendent or Village Board, to open or operate any fire hydrant, or draw or attempt to draw water therefrom, or to willfully or carelessly injure the same. Section 44. It shall be unlawful for any person to make connections with any fixtures or connect any pipe with any water main or water pipe belongibg to the Municipal Water Supply System, without first obtaining permission to do so from the Water Superintendent or the Village Board. Section 45. Any person violating any of the provisions of this ordinance 6. shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine in any sum not exceeding One Hundred Dollars ($100.00), or imprisonment in a jail for a term not exceeding thirty (30) days, or by both so fined and imprisoned. Section 46. All ordinances or parts of ordinances in so far as they are in conflict herewith are hereby repealed. Section 47. This ordinance shall be in full force and effect from and after its passage, approval and due publication as provided by law. PASSED AND APPROVED THIS -,!/ uay of 19 . ATTEST: r' Vi age Clerk. -f BOARD OF TRUSTEES OF THE VILLAGE OF CHUBBUCK ByL /./Z-i -�� Chairman of the Bodid of Trustees