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0744 Repealing Chapter 13.08 Water DepartmentU CITY OF CHUBBUCK, IDAHO ORDINANCE NO. "i -Y AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING CHAPTER 13.08 "WATER DEPARTMENT"; ENACTING A NEW CHAPTER 13.08 "WATER CODE" TO PROVIDE FOR THE REGULATION AND DEVELOPMENT OF THE CITY WATER SYSTEM; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Repeal. Chapter 13.08 "Water Department" of the Chubbuck Municipal Code is repealed. Section 2. Adoption. The following Chapter 13.08 "Water Code" is hereby adopted: 13.08.010: PURPOSE, STANDARDS, AND REGULATIONS: A. The provisions of this chapter are intended to regulate the development, construction and connection to the city potable water system, to enable the city to monitor and maintain water quality and protect the municipal water supply and its distribution system, and to maximize the ability of the city to provide adequate water supply for essential services in time of drought, natural disasters, or other emergencies. The most recent versions of the following codes, standards, and specifications are hereby adopted by the city as though fully set forth herein: 1. Chubbuck Design Standards for Public Works Construction 2. Idaho Standards for Public Works Construction 3. Idaho State Regulations for Public Drinking Water Systems 4. American Water Works Association (AWWA) In the event of conflicting provisions among the above, the Director shall have the authority to determine which regulation shall be applied. In the event that a situation is not specifically covered by any of the codes adopted herein, the Director is hereby authorized to establish the standard for construction and to establish any additional reasonable regulations to protect the water supply. B. The duties of the Public Works Department, under direction from the Director, shall be to oversee and superintend the planning, operation and maintenance of the water system, the making of repairs of all kinds, the construction of all extensions and additions and all construction work of whatever nature whatsoever in connection with the present water system and any new system that may be established. The Director is authorized to establish such other Ordinance - Page 1 chubbuck 042815 water code ord.wpd 09 procedures or regulations as may be necessary to monitor and maintain water quality and source water protection and maintain municipal water rights and diversions and may limit or terminate water service in order to achieve such ends. 13.08.020: DEFINITIONS: CITY: The City of Chubbuck DIRECTOR: The Public Works Director, or designee, of the City of Chubbuck DISASTER: A water emergency characterized by failure of any of the city's wells, transmission, delivery, or storage systems, an extended power failure, or any other natural or manmade disaster severely limiting the availability of water supply. ESSENTIAL WATER SERVICES: Includes potable drinking water, fire suppression water, water for sanitary services, and water for commercial or industrial purposes. FIRE SUPPRESSION SERVICE LINE: The tap at the water main, connecting fittings and piping from the water main to the property line of a premises, which are installed by and are the property of the city for the purpose of providing water for fire suppression to a premises. All fittings and piping from the property line to the premises are "private fire lines". FRONTAGE: That portion of a parcel of land abutting a public right of way. NONESSENTIAL WATER SERVICES: Includes, but is not limited to, water for irrigation; for cooling; for noncommercial washing of vehicles, equipment, or exterior surfaces; for use in fountains or other water features; or for recreation. PERSON: Any individual, firm, corporation, partnership, joint venture, or association. WATER DELIVERY SYSTEM: The system of wells, transmission, distribution, and storage facilities owned and operated by the City and used for the delivery of potable water to customers of the City. WATER EMERGENCY: A condition characterized by either present inability or an imminent danger of inability to provide water for essential services. See also definition of Disaster. WATER SERVICE LINE: The tap at the water main, the meter, meter box, and connecting fittings and piping from the water main to the property line of a premises, which are installed by and are the property of the city. Any fittings or piping from the property line to the premises are "private water lines". WATER SHORTAGE: A condition during which, in the best judgment of the Director and Mayor, sufficient water is not or will not be available to meet the needs of consumers, characterized as follows: CRITICAL WATER SHORTAGE: A condition where the insufficiency is great enough or projected to be of such long term duration that strict conservation measures must be Ordinance - Page 2 chubbuck 042815 water code ord.wpd adhered to and enforced in order to maintain a sufficient supply of water for essential and nonessential services. MINOR WATER SHORTAGE: A condition where the insufficiency is projected to be of short enough duration that voluntary water conservation measures will be sufficient to maintain the water supply for essential and nonessential services. 13.08.030: CONNECTION TO POTABLE WATER SUPPLY: All premises within the city limits which require water either for culinary, sanitary or irrigation purposes, whether new developments or structures, replacements of previous structures, or additional structures on previously developed land, shall be connected either to the water delivery system or to another approved source of potable water. All persons whose premises are connected to the water delivery system shall be subject to the regulations set forth in this chapter. 13.08.040: CONNECTION TO WATER DELIVERY SYSTEM: Any person desiring to connect any premises to the water system of the city shall first comply with all applicable uniform codes and laws of the city and the requirements set forth in this chapter. The installation of the water service line, including all necessary labor and materials for such construction, shall be made by the applicant, at applicant's expense, under direction from the Public Works Department. The Public Works Department, at its sole discretion, may choose to install a water service connection and line at the applicant's expense. The City Public Works Department will supply the water metering equipment, at applicant's expense. A. All applications for water service shall be made at the office of the Public Works Department by the owner or authorized agent who, by application agrees to conform to the rules, regulations and billing procedures established by the city as conditions for the use of water. Regulations and billing procedures shall be as set out elsewhere in this code. B. Plumbers failing to perform their work according to established rules and regulations or executing it unskillfully or to the damage of the water delivery system may be debarred temporarily or permanently from making connection with or leading from the City's water mainlines. C. Water service lines shall be sized in accordance with requirements of the latest edition of the Idaho Plumbing Code adopted by the City, but shall not be smaller than one inch (1 ") nominal size. Applicants for commercial developments requiring water service in excess of one inch (1 ") shall be required to submit, pursuant to their application, and as directed by the Public Works Director, the fixture count for the structure, or their normal and maximum intermittent flow rates to department staff to establish the size of meter required, regardless of the inlet and outlet pipe size. D. Notwithstanding the above, the Public Works Department shall have the right, at its sole option, to install or require a single water service line from the main to the curb line, of sufficient size to supply two (2) or more separate properties, with individual meters for the separate properties. E. All water service lines shall be laid at least ten feet (10 ft.), measured horizontally, from any waste water or other non -potable water line. Any violation shall result in discontinuance of water service until the lines have been relocated to conform to this requirement. Ordinance - Page 3 chubbuck 0421315 water code ord.wpd �.J F. All water service lines in street rights-of-way shall be installed at least five feet (5') below the established grade of the street, provided, however, that the Director shall have the right to adjust this requirement where deemed necessary. 13.08.050: WATER SERVICE LINE INSTALLATION FEE: Water services may be installed either by a contractor under contract to the property owner or by City forces. In the cases where the water service is installed by City forces, at owner expense, water service to the property shall terminated if such charges are not paid in full within 30 days of billing. In such case that the water service line is installed to city standards by a contractor, the City will provide metering equipment at the expense of the owner and paid to the City before connection is permitted to proceed. All other materials, labor and equipment costs and connection fees shall be borne by the owner. 13.08.060: CONNECTIONS OUTSIDE CITY BOUNDARY: A person whose premises lies outside the city limits may request connection to the water delivery system through the Public Works Department. The applicant must complete an application form and annexation covenant and comply with all regulations and pay all applicable costs associated with providing the service to the premises. The city council shall review the application and any recommendations of the Director, and may approve or deny the request. All such water service is contingent upon compliance with the rules and regulations as otherwise may be provided by this code and the reservation of the city's right to terminate such supply without notice if the water supply, quality, or pressure within the corporate limits is deemed to be endangered by such connection and service. 13.08.070: SEPARATE SERVICE LINES; INSTALLATION AND MAINTENANCE: A. Separate Lines Required: Each premises for which title may be transferred, whether connected to another structure under one roof, or standing separately on a single parcel of land shall be required to have its own separate water service line, except condominium associations under separate agreement with the City as provided in subsection E of this section. B. Single Installations: The installation of single water service lines on existing water mains may be installed by either City forces or by contractors under contract to the owner and shall be done in accordance with city standards. Installation fees as provided in Section 13.08.050 shall be paid before installation is permitted. C. Installations For Developments Where No Main Exists: The installation of all water mains and water service lines, except metering equipment, for a development shall be accomplished by the developer at his sole expense, and shall be in accordance with city standards. D. Maintenance of service lines: The City owns and the Public Works Department shall maintain all completed service lines after installation from the point of connection at the water main through the meter vault in cases where the meter vault is set at the nearest property line abutting the main, or to the nearest property line abutting the main in cases where the meter vault or metering equipment is situated in a building or otherwise not adjacent to the nearest property line abutting the main. If repairs or replacement or any water service lines is rendered necessary by the act, neglect, or carelessness of the owner or occupant of the premises, any expense incurred thereby by the City shall be charged against and collected from the owner or occupant as provided in Chapter 13.04. Ordinance - Page 4 chubbuck 042815 water code ord.wpd E. Service and Billing for Associations: If a condominium association is to be the party of record responsible for water billing, the association may, after approval of plans and specifications by the Public Works Department, obtain water service to multiple residences without the necessity of a separate water service line installation for each residence thereon. 13.08.080: CHANGES IN INSTALLATION BORNE BY APPLICANT: Any change made in a service installation at the request of the property owner or meter user, or made necessary due to any act of his after such installation has once been made, whether such change involves 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. 13.08.090: WATER METERING EQUIPMENT OWNERSHIP AND MAINTENANCE A. All water metering equipment installed on a water service connection shall be the property of the city and may be removed, replaced, or changed as to size and type, by the Public Works Department whenever deemed necessary by the department. B. The Public Works Department shall maintain, repair or replace all metering equipment when rendered unserviceable through normal wear and tear; provided, however, where replacement, testing, reread, repairs or adjustment of meter equipment is rendered necessary by the act, request, neglect, or carelessness of the owner or occupant of any premises, any expense incurred to the City thereby shall be charged against and collected from the water consumer, and water service may be discontinued after notice until the problem is corrected and amount charged has been collected. 13.08.100: FIRE HYDRANT REGULATIONS: A. The Public Works Department shall maintain and keep in repair all city fire hydrants. B. The Public Works Department shall regulate which, if any, hydrant may be used by contractors. C. No person other than an employee of the Public Works Department or the Fire Department shall operate fire hydrants or interfere in any way with the city water system without first obtaining authority from the Director. D. It is unlawful for any person to obstruct access in any way to any fire hydrant, as provided in the latest edition of the International Fire Code section adopted by the city. Trees, shrubbery, fences, structures and the like shall not be permitted to grow, be placed, or remain within three feet in any direction of the fire hydrant. 13.08:110: FIRE SERVICE LINES: A. All fire service connections between water mains and property lines whether installed by the Public Works Department, at owner expense, or by the owner shall be maintained by the Public Works Department at the expense of the owner or occupant of the premises served and shall be the property of the city. B. At the time of making application for such services, the applicant shall file with the Public Works Department detailed plans showing all piping installed or to be installed for fire protection, all fire gates, automatic sprinklers and all other outlets, gates, or appurtenances. Each Ordinance - Page 5 chubbuck 042815 water code ord.wpd fire service connection shall have a gate valve with an adequate valve box installed between the main and the property line of the premises served. 13.08.120: CROSS CONNECTIONS AND BACKFLOW: The City requires all premises connected to the water delivery system comply with the requirements of Chapter 13.12 of this code. Landscape irrigation systems connected to the premises water delivery system shall also comply with requirements of said Chapter 13.12. Failure to comply shall be cause for termination of water service as provided in said Chapter 13.12. 13.08.130: OWNER RESPONSIBLE FOR LEAKS: Owners of services are responsible for all leaks or damages resulting from leaks on water services or landscape irrigation systems, including any connection outside the meter box at the property line from privately owned services and privately owned mains leading from the property line to the premises served. 13.08.140: UNLAWFUL TO WASTE WATER: It is unlawful for any person to waste water or allow it to be wasted by imperfect or leaking stops, valves, pipes, water closets, faucets or other fixtures, or to use water closets without self-closing valves, or to use water in violation of this chapter regulating the use of water. The willful wasting of water shall be a misdemeanor. If such waste of water continues after notice from the public works department is provided to make repairs and to desist from the waste of water, the authorized city staff shall shut off the water supply from such premises until the necessary repairs have been made. 13.08.150: UNLAWFUL TO DISTURB ANY PART OF WATER SYSTEM: It is unlawful for any person, unless duly authorized by the Director, to disturb, interfere with, obstruct access to, alter, turn on or off, or connect to or damage any water main, water pipe, hydrant, machine, tool, meter or any other appliance, buildings, improvements, etc., belonging to, connected with, or under the control of the water delivery system of the city. 13.08.160: UNLAWFUL TO POLLUTE RESERVOIR WATER: It is unlawful for any person to introduce any substance into any reservoir, or place any foreign substance upon any grounds belonging to, connected with or under the control of the water delivery system of the city. 13.08.170: GROUND WIRE ATTACHMENTS: No person may attach any ground wire or wires to any plumbing which is or may be connected to any service connections or main belonging to the city; 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 hereafter be attached. The water supplied to such premises may be disconnected after notice until such connection is removed. 13.08.180: PIPES MAINTAINED BY CITY OWNED BY CITY: The ownership of all main extensions, water service lines and appurtenant equipment maintained by the Public Works Department shall be vested in the city, and in no case shall the owner of any premises have the right to claim or reclaim any part thereof. 13.08.190: CITY MAY SHUT OFF WATER: The city reserves the right to shut off the water supply at any time, without notice, for repairs, extensions, emergencies, or any other reasonable purpose, and the city shall not be responsible for any damage, such as bursting of boilers supplied by direct pressure, the breaking of any pipes or fixtures, stoppage or interruption of water supply, or any other damage resulting from the shutting off of water or the restoring of water following such shut off. Ordinance - Page 6 chubbuck 042815 water code ord.wpd 13.08.200: ACCESS TO PREMISES: Employees of the Public Works Department, properly identified, shall have unobstructed access from eight o'clock (8:00) A.M. to nine o'clock (9:00) P.M., to all parts of premises to which water may be delivered from the water delivery system, for the purpose of inspecting the conditions of the pipes and fixtures and the manner in which the water is used. Time restrictions shall not apply in cases of emergency. 13.08.210: ABANDONED SERVICES: All service installations connected to the water system that have been abandoned or that have not been used for three (3) years or that for any reason have become useless for further service, shall be disconnected at the main by the property owner or the Public Works Department, at the property owner's expense, and all pipe and appurtenances removed shall be the property of the city. 13.08.220: INSTALLATION AND EXTENSION OF WATER MAINS; OWNERSHIP AND CONTROL; INSTALLATION, INSPECTION AND ACCEPTANCE: A. Whenever any person develops or builds upon any property within the city and the city requires the extension and installation of water mains to serve the property, all costs associated with the extension and installation shall be borne by the person seeking to so build or develop. After final acceptance as set forth below, all such water mains and appurtenances shall be deemed a part of the public water system and shall be maintained by the city. B. All such water main extensions and installations shall be located in dedicated public right of way areas and shall extend the full length of the frontage of the property being served. The City may require or allow water mains to be installed in utility easements if it is deemed necessary for the good of the water delivery system. All water main extensions/installations shall conform in all respects to the standards, specifications, and material requirements set forth in this chapter. C. No such installation shall be deemed complete until inspected, approved, and accepted by the Public Works Department for maintenance by the city; provided, however, that final acceptance shall not occur until the City Council has adopted an Acceptance of Offer of Dedication certificate for subdivision developments or other similar certificate for installations not in such developments. Thereafter, the water mains shall be considered to have been dedicated to the city by said person as part of the public water system and shall be maintained by the city. D. All water main extensions and appurtenant equipment which have been installed in private roadways or property, shall be and remain the private property of the persons, their heirs, successors or assigns, owning said property, and shall be maintained by them, unless a specific written agreement with the city makes other provisions. Provided, however, that the Director may authorize repair or maintenance work by the water department on private sections only in an emergency situation where the public welfare may be endangered. 13.04.230: WATER SUPPLY CONSERVATION AND PROTECTION: The following sections are intended to maximize the ability of the city to provide an adequate water supply for essential services in time of drought, natural disasters, or other emergencies. All persons whose premises are connected to city water service shall be required to comply with regulations set out below during a declared period of water shortage or water emergency. 13.04.240: DETERMINATION OF NECESSITY FOR DECLARATION: The Public Works Department shall maintain records and monitor conditions and resources to enable the City to plan for and provide water to consumers using the City's water system. Whenever, in the estimation of the Department, those conditions are approaching the level of a water shortage, the Ordinance - Page 7 chubbuck 042815 water code ord.wpd Director shall provide a report to so inform the Mayor, who may then choose to issue a declaration of water shortage which will impose those conditions and restrictions on water usage as set out hereinafter. The report of the Director could include an evaluation of any or all of the following criteria: current aquifer levels; available ground water supply; operational condition of city wells; current storage tank levels; the rate of decline in aquifer levels compared with the normal operating levels; projected weather conditions as derived from short and long term weather forecasts; whether prior weather conditions over the previous year(s) have been particularly dry with lower than normal rain and snow fall quantities; whether total aquifer storage is significantly below historical "normal" levels for the current time of year, and whether data strongly indicate that expected demands may not be met if this trend continues and/or worsens; whether current operating conditions would limit the city's ability to provide water; the occurrence of an extended power failure which limits the city's ability to operate its facilities; and any state or federally imposed water restrictions which require the city to reduce the amount of water withdrawn from the aquifer. In the event that an emergency exists or is imminent the Public Works Department shall so inform the Mayor immediately. 13.04.250: DECLARATION OF SHORTAGE OR EMERGENCY; EFFECT: In the event the Mayor reasonably determines that the situation warrants the declaration of a water shortage or water emergency, the Mayor is authorized to make an official declaration thereof and to suggest or impose any or all of the restrictions set forth hereinafter which he deems necessary to safeguard the safety and health of the general public. The Mayor or his/her designee shall issue a public notification of the declaration which shall specify the nature and extent of the restrictions. In the event of a declaration of critical water shortage the restrictions will take effect twenty four (24) hours after notification. For a water emergency the restrictions shall take effect immediately upon issuance of the public notification. Notice shall be deemed given by means of newspaper, radio, television, and internet announcements and a notice posted on the city's website if operational. The Mayor may provide such other notices as he deems useful. The City Clerk shall immediately transmit the order to the City Council and shall make the same available for public inspection. Alleged lack of notice shall not relieve a water consumer from the duty to abide by the restrictions. Each order shall have the full force and effect of law until terminated by the Mayor. 13.04.260: CATEGORIES AND RESTRICTIONS FOR SHORTAGE AND EMERGENCIES: A. Minor Shortage; Voluntary Restrictions: If the Mayor declares a minor water shortage, he shall accompany the declaration with a list of recommended water conservation measures, which shall not be required, but are voluntary on the part of the consumers. The Public Works Department is hereby authorized to conduct an intensified public information campaign to encourage such voluntary conservation measures. Such measures may include, but are not limited to, the following: Discontinuing direct hosing of sidewalks, walkways, driveways, parking lots, patios, and other exterior paved or prepared surface areas, except as may be necessary to remove or prevent accumulation of conditions or materials dangerous to the public health and safety. 2. Discontinuing noncommercial washing of privately owned motor vehicles, trailers, and boats, unless accomplished by using limited amounts of water through use of a bucket of water for washing and a hose with an automatic shutoff nozzle for rapid rinsing. Discontinuing operation of sprinkler and irrigation systems between the hours of ten o'clock (10:00) A.M. and six o'clock (6:00) P.M. 4. Discontinuing operation of sprinkler and irrigation systems outside of a suggested conservation rotation schedule. Ordinance - Page 8 chubbuck 042815 water code ord.wpd 5. Careful and regular monitoring of water use and private water service and distribution lines to prevent loss of water through leaks or breaks within the private service or distribution lines. 6. Prevention of overspray from irrigation systems beyond the area intended for watering and prevention of runoff beyond the intended area. 7. Discontinuing automatic serving of tap water at restaurants unless requested by patrons. B. Critical Water Shortage; Mandatory Restrictions: In the event that the Public Works Department determines that the water shortage is approaching a critical stage, the Department shall prepare a report for the Mayor detailing the problem. The Mayor may then declare a critical water shortage and provide notice to the public of the restrictions being imposed, which may include any or all of the items set forth above as he/she deems most useful in maintaining the necessary water supply. C. Water Emergency; Restrictions and Rationing: 1. Mandatory Restrictions: In the event that maximum flow reduction is immediately required, the Mayor shall issue a declaration of water emergency, and may prohibit all nonessential uses of water or impose any other restrictions he deems appropriate to attempt to maintain a supply of water for essential services. 2. Disaster; Water Rationing: In the event of a local or regional disaster, the water supply may be jeopardized to the extent that all available water is needed solely for human consumption, sanitation, and fire protection. In such circumstances, the Mayor may also implement water rationing measures and emergency water distribution may be necessary for customers without water. Residential users may be restricted to a certain number of gallons per day per person residing within the dwelling unit and the amount of water used by nonresidential users may be restricted to a percentage of their historical usage as deemed appropriate by the Mayor, and/or by any other type of rationing as he deems necessary and appropriate in the circumstances. The public works and utility billing departments shall disseminate information to consumers regarding the rationing plan. 13.04.270: WATER RESTRICTIONS; EXCEPTIONS: The Mayor is further authorized to make exceptions to such restrictions in specific cases as he/she finds reasonable when necessary to alleviate unnecessary economic hardship to commercial or industrial activities, or to prevent possible damage to health, safety or welfare. Such exceptions may include, but are not limited to the following: A. Outdoor watering between the hours of midnight and noon by a bucket not exceeding a capacity of five (5) gallons, filled without the use of a hose; B. The use of water for construction, commercial or processing purposes; C. The use of water by the person, firm or corporation installing or repairing sprinkler or irrigation systems for the purposes of testing such installation or repair; provided, however, that such test shall not exceed two (2) minutes in duration; D. Any watering or sprinkling with water obtained from a non -city well, provided that the premises have posted in a conspicuous location upon the premises a sign stating that non -city well water is being so used. It shall be a violation of this ordinance for any person to post a sign Ordinance - Page 9 chubbuck 042815 water code ord.wpd U which states or implies that non -city well water is being used when water is obtained from the water system of the City; E. The washing of automobiles, trucks, trailers, boats, airplanes or other types of mobile equipment upon the immediate premises of commercial car washes, commercial service stations and the washing of commercial motor vehicles used in the transportation of food, food products and perishables, and the washing of commercial garbage pickup motor vehicles; F. The watering by commercial nurseries, commercial landscaping companies and commercial sod farmers with water obtained from their own immediate premises; G. The watering or sprinkling of foundations of homes or apartments; and H. The use of water to alleviate immediate fire, health or safety hazards. 13.04.280: VIOLATIONS; ISSUANCE OF INFRACTION CITATIONS: It is unlawful for any person to violate water use restrictions imposed under this chapter, unless an exception in writing has been granted by the Mayor. Violation of these provisions shall be an infraction, punishable as provided by the Idaho Code for nonmoving infractions. Each violation of restrictions issued under this chapter may result in issuance of a separate infraction citation. Upon the issuance of the third infraction violation for an account, the utility billing department is authorized to terminate water service to the premises. All fees set by city council resolution shall be charged, and water service shall not be reinstated until all fees have been paid in full. -14 In the event that repeated violations at the same premises are noted during the term of any declaration hereunder, and if the police are unable to make contact with the responsible party due to what appears to be deliberate avoidance of service rather than absence from the jurisdiction, after the third such documented instance of violation, the police shall contact the utility billing department, and the supervisor of that department shall arrange for water service to the premises to be terminated. All fees set by city council resolution shall be charged, and water services shall not be reinstated until all fees have been paid in full. 13.08.290: BILLS, PAYMENTS AND ADJUSTMENTS: Any bill for water supplied or service rendered will be considered a proper charge unless protest is made to the water department within (10) days after presentation of the 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 made and reported to the water department within 30 days of leak notification. No allowances will be made covering more than two (2) consecutive billing periods, including the billing period in which the protest was made. Adjustments will be made on the basis of one-half ('/2) of the excess delivery due to leakage during two (2) consecutive billing periods. No more than one allowance will be made to the same customer for the same premises in any twelve (12) month period. The City Clerk or the Clerk's designee acting with the approval of the Mayor shall be the sole judge in determining the excess consumption due to leakage. 13.08.300: NONMETERED SERVICE PROHIBITED: No water will be delivered through unmetered services. 13.08.310: CHARGES; COMPUTATION: A. Where an individual consumer is supplied with water through more than one metered service, charges shall be computed separately for each individual meter. B. Where more than one individual consumer is supplied with water through one meter, the individual who applies for service shall be responsible for all charges, and the bill shall be Ordinance - Page 10 chubbuck 042815 water code ord.wpd computed as though there were a separate metered service for each individual consumer and each used an equal quantity of the water consumed, and there shall be no deduction for vacant premises. Such charges for more than one premises supplied through one meter shall be optional with the water department, which may at its discretion discontinue service in order to force the installation of separate metered services for each individual consumer. 13.08.320: CHARGES; DUE DATES AND DELINQUENT PENALTY: All charges for water service shall be due at the office of the city treasurer as follows: A. Water rent shall be due and payable on the first of each month and must be paid on or before the fifteenth of each and every month. B. The city council may by resolution divide the municipality into subdistricts and require the water rent for each subdistrict to be due and payable upon a different date of the month. Such resolution and due dates of water rent may be altered, from time to time, at the discretion of the city council, provided all water rent in any such subdistrict shall become due and payable on the same date for all users within that subdistrict upon appropriate notice placed upon the water bill or otherwise to the user of any change in the due date for water rent. 13.08.330: CONNECTION FEES: The administrative fee for service connections and other services provided from time to time by the city to customers shall be set by resolution of the Chubbuck city council as from time to time adopted. Service connections and other services rendered by the city shall be charged on the basis of materials used and labor, plus overhead expenses, in addition to the administrative fee set by resolution of the city council. The charge for a service connection shall be determined by the public works director or his designee; provided, however, a minimum service charge may be set for routine jobs. 13.04.340: SEVERABILITY: The provisions of this chapter are severable. If any section, subsection, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this chapter. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Ordinance - Page 11 chubbuck 042815 water code ord.wpd Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 11A> day of ')A�K , 2015. i Ke in B. Engl , ATTEST: 4A"� t Richard Morgan, CITY CLERK Ordinance - Page 12 chubbuck 042815 water code ord.wpd .". SUMMARY OF ORDINANCE NO. "? 4 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, repealing chapter 13.08 "Water Department"; enacting a new chapter 13.08 "Water Code" to provide for the regulation and development of the city water system; providing for the repeal of conflicting ordinances; providing for the severability of the provisions of this ordinance; providing when this ordinance shall be in effect. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. i and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this ��_ day of 4kL111k 32015. Thomas J. Holmes, City Attorney SUMMARY OF ORDINANCE - Page 1 Chubbuck 042815 sum water code ord.wpd LAW OFFICES JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 POCATELLO, IDAHO 83204-0967 JACK H. ROBISON THOMAS J. HOLMES LAMONT JONES (1929-2013) April 29, 2015 Richard Morgan City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Rich: \% TELEPHONE: (208) 232-5911 FAX: (208) 232-5962 E-MAIL: tholmesid@gmail.com MR. HOLMES' TELEPHONE EXTENSION: 103 Enclosed is the water code ordinance that Steve Smart has been working on along with the summary. This should be ready to put on the Council agenda for one of the upcoming meetings. Sincerely, Thomas J. Holmes TJH/ah chubbuck042915.1 l .wpd Enclosures cc Steve Smart