Chapter 13.05
WATER
Sections:
Article I. General Provisions
13.05.010 Water connection required.
13.05.020 Water service connection charges established – Time of payment – Deposit of funds.
13.05.060 Reevaluation of connections and rates.
13.05.070 Temporary water user rates.
13.05.080 Rates for vacant lots.
13.05.090 Seasonal disconnection and connection.
13.05.100 Water turn-on and turn-off charges.
13.05.110 Unlawful to turn on or turn off water without a permit.
13.05.120 Water service restrictions.
13.05.140 Unlawful tapping of mains.
13.05.150 Water capital improvement fund – Creation.
13.05.160 Water capital improvement fund charges established – Time of payment – Deposit of charges.
Article II. Violation – Penalty
13.05.170 Water service violations – Penalty.
13.05.180 Water turn-on and turn-off violations – Penalty.
13.05.190 Unlawful acts – Misdemeanors.
Prior legislation: Ords. 69 §§ 1, 2, 3 and 5 and 92 § 1.
Article I. General Provisions
13.05.010 Water connection required.
All premises for which a building permit is issued for new residential, commercial or industrial use shall be and are hereby required to connect to the Donnelly city water system at the then-current connection fees established by the city. [Ord. 124 § 1, 1992.]
13.05.020 Water service connection charges established – Time of payment – Deposit of funds.
Any person, firm or corporation desiring to connect his house or other premises with the city water system shall pay to the city clerk, before any such connection is made, the following fees.
For each connection: (($1,000 x EDUs) + time and materials).
All of which fees shall be paid into the water revenue account within the city of Donnelly water and sewer revenue fund, created by Section 11 of Ordinance No. 135, adopted October 17, 1994, by said city clerk, which fees shall cover the expenses of tapping said mains and taking the water to the nearest property line, save and except that if necessary to extend the main water line along the public streets, alleys and ways of the city to the nearest property line, an additional sum equal to the current cost for engineering, construction, and administration of a public works contract per lineal foot of such water main extension shall be paid to the city clerk at the time of payment of the water connection fee, which additional fee shall be paid by said city clerk into said water revenue account above described.
Where water connections of greater capacity (larger than three-quarter-inch meter) are required for any purpose, all excess costs of making such connections shall be paid by the user before any such connection is made, which fee shall be paid to the city clerk and deposited as above set forth. [Ord. 188 § 5, 2006; Ord. 132 § 4, 1994.]
13.05.030 Water rates established – Time of payment – Discontinuance of water service – Joint billing with sewer charges – Deposit of charges.
Water rates shall be based upon one equivalent dwelling unit (EDU) and the city shall charge and all water users shall pay for water service as follows:
A. Residential Service. The monthly base rate is $32.00 per EDU plus a usage rate of $2.50 per 1,000 gallons used.
B. All Other Users. The monthly base rate is $32.00 per EDU plus a usage rate of $2.50 per 1,000 gallons used.
The city engineer shall establish equivalent EDUs for each type of water user other than residential use, on a case-by-case basis as shown in Exhibit A attached to the ordinance codified in this section.
C. Water user charges shall be paid by the tenth day of the month next succeeding the month during which such water service was furnished. If not so paid the city clerk shall cause water service to be terminated pursuant to the provisions of DCC 13.05.040 and 13.05.190.
D. All water charges collected by the city clerk shall by said city clerk be immediately deposited in the water revenue account within the city of Donnelly water and sewer revenue fund created by Section 11 of Ordinance No. 135, adopted October 17, 1994. [Ord. 188 § 6, 2006; Ord. 156 § 1, 2000; Ord. 132 § 5, 1994.]
13.05.040 Discontinuance of water service – Fee for restoration of service – Procedure for discontinuance of service.
A. A bill for water and sewer service to any premises shall become delinquent if not paid by the tenth day of the month in which such bill is rendered and water service shall be discontinued for any such delinquency and service shall not be restored until a fee of $50.00 therefor and all delinquent bills and charges for water and sewer service have been satisfied.
B. For nonpayment of water or sewer charges, water service to any premises shall not be discontinued until the following procedure has been followed:
1. After a water bill or sewer bill becomes delinquent as provided by subsection (A) of this section, the city clerk shall notify the owner of the premises to which such water service was furnished and the tenant thereof, if any, in writing of such delinquency, and if such water and sewer bill is not paid in full within 10 days thereafter, water service shall be discontinued unless such owner or tenant requests a pretermination of service hearing.
2. In the event a pretermination hearing is requested, such hearing shall be held before the city council after five days’ notice in writing to such owner and tenant, if any, who shall have the right to be represented by counsel and present witnesses in his behalf. A recorded record of such hearing shall be kept by the city and a written decision stating the reasons therefor shall be rendered by the city council within a reasonable time.
3. Water service shall not be discontinued pending such hearing, but in the event of a decision requiring payment of such water and sewer bill or any portion thereof, the same must be paid within 10 days after service or mailing of such decision to the owner and tenant, if any, or water service shall be discontinued.
4. All notices required hereunder shall be in writing and shall be mailed by U.S. certified mail, return receipt requested, with postage prepaid thereon or personally served upon the owner of such premises and tenant, if any. Service shall be deemed complete upon date of service or mailing.
5. The owner or tenant of the premises involved shall have the right of appeal to the district court from any adverse decision of the city council.
6. A copy of this section shall accompany each notice of delinquency in payment for water service and sewer service given under the provisions of this section. [Ord. 188 § 10, 2006; Ord. 136 § 2, 1994.]
13.05.050 Definitions.
“Capital improvement funds” are funds with which to erect, construct, enlarge, extend and maintain water lines, water pumping, wells, water tanks, treatment facilities or structures for the city.
“Connection” is any tap or connection to the city system allowing the use of city water, excluding temporary connections as defined under the term “water user,” defined in this section, and shall be determined by the number of equivalent dwelling units per Exhibit A attached to the ordinance codified in this section; and shall be determined by the city engineer according to the standards set forth by Exhibit A attached to the ordinance codified in this section. Evaluation and determination by the city engineer shall be made from the approved plan set at the time of application for building permit.
“Connection fees” are fees assigned to each main line tap based on EDUs as set forth in Exhibit A attached to the ordinance codified in this section. Fees per EDU include but are not limited to a base connection fee plus time and materials and capital improvement fund charges. Time and materials shall be determined by actual receipt provided by the public works department or shall be based on meter size and distance to property line as established by resolution.
“Equivalent dwelling unit (EDU)” is the possible demand on one typical residential dwelling unit using a three-quarter-inch meter and is further defined by Table 1 in Exhibit A attached to the ordinance codified in this section.
“Rate” is a monthly fee to be paid to the city of Donnelly by each water user based on EDUs as established by Exhibit A attached to the ordinance codified in this section; and shall be evaluated and determined by the city engineer according to the standards set forth by Exhibit A attached to the ordinance codified in this section. Evaluation and determination by the city engineer shall be made from the approved plan set at the time of application for building permit.
“Water user” means any person, firm, company, corporation, partnership, association, and any other water demand on the city water system either through a permanent or temporary connection. A permanent connection would be considered any connection that is not through an established temporary outlet. [Ord. 188 § 1, 2006.]
13.05.060 Reevaluation of connections and rates.
A. Reevaluation of Connections and Rates. For existing water users, the city engineer shall reevaluate the number of EDUs for each user each time a building permit is applied for. If it is determined that the number of EDUs has increased, all additional fees, including but not limited to connection fees, shall be paid to the city in full before the issuance of a building permit. Monthly rates shall be adjusted accordingly to the determined EDUs.
B. If the engineer determines that the number of EDUs has decreased, the user is not eligible for a refund of previously paid fees. However, the monthly fees owed by the user shall be adjusted according to the newly determined number of EDUs. [Ord. 188 § 2, 2006.]
13.05.070 Temporary water user rates.
Temporary water user rates are set forth as follows. A one-time account fee and deposit of $100.00 shall be charged. Load fees are $10.00 per 1,000 gallons. Up to $75.00 is refundable when the account is closed. [Ord. 188 § 8, 2006.]
13.05.080 Rates for vacant lots.
Vacant lots previously hooked up and vacant lots with established connections are as follows: $10.00 per month. [Ord. 188 § 9, 2006.]
13.05.090 Seasonal disconnection and connection.
Disconnection and connection of service for seasonal occupancy shall be allowed. Upon written request the city will, within 10 working days, turn off or on water service to individual residents. The fees associated for this service shall be the same amount and under the same terms as established in DCC 13.05.040(A): $50.00.
Monthly rates while disconnected shall be the same rate as established in DCC 13.05.080 and shall only apply to full months for which there is no water service: $10.00. [Ord. 188 § 11, 2006.]
13.05.100 Water turn-on and turn-off charges.
Each water user shall pay to the city clerk at the time of request for turn-on or turn-off of a water connection the sum of $30.00, in addition to all other fees required herein. Upon payment of said sum of $30.00 the city clerk shall issue a permit to turn on or turn off water service, as the case may be. [Ord. 131 § 1, 1993.]
13.05.110 Unlawful to turn on or turn off water without a permit.
It shall be unlawful for any person to turn on or turn off water service to any premises without a permit from the city clerk. [Ord. 131 § 2, 1993.]
13.05.120 Water service restrictions.
A. It shall be unlawful for any person to dig up, tear up, break, cut, plug, injure or destroy any part or parts of the tanks, mains, laterals, hydrants, pipe lines or other parts or appurtenances of said water system, and any person violating any provision of this subsection shall be guilty of a misdemeanor.
B. It shall be a misdemeanor for any person to drop, place or throw any rubbish, dirt, filth, or other thing into the tank or any other part or parts of said water system, or to cause anything to go or get therein, or to in any manner defile or injure the quality of the water in said water system.
C. It shall be a misdemeanor for any person to draw or use the water from any hydrant or tap without permission of the user who pays for the water used through such water hydrant or tap; and, in any event, it shall be a misdemeanor for any person to draw water from the hydrant or tap of another, with or without his permission, to be used off or out of the occupancy where such tap is located.
D. It shall be a misdemeanor for any user of water to permit or allow any other person to draw water from any tap belonging to or used by such user, where the water so drawn by such other person is used off or out of the occupancy in which such tap is located.
E. It shall be a misdemeanor for any person to open or in any manner tamper with any fire hydrant in the city without permission of the city council.
F. It shall be a misdemeanor for any person to cause to be connected, connect, or permit to remain connected any water-cooled mechanical equipment, of any kind or nature, to the water system of the city of Donnelly, Idaho. [Ord. 116 § 1, 1990; Ord. 69 § 6, 1978.]
13.05.130 Joint billing.
Water and sewer charges shall appear on the same monthly billing. [Ord. 132 § 6, 1994.]
13.05.140 Unlawful tapping of mains.
It shall be a misdemeanor for any person or persons to tap the city water mains, or connect or disconnect any pipes thereto or therefrom, or open or close the valves at any connection with said mains or in said mains, without the permission and approval of the city clerk, or to do any of said things in any manner other than as directed by said city clerk. [Ord. 69 § 4, 1978.]
13.05.150 Water capital improvement fund – Creation.
There is hereby established and created a water capital improvement fund for the receipt, deposit and accounting of all monies paid therein from water capital improvement fund charges as provided in DCC 13.05.160, and from such other sources as the city council may designate, with which to erect, construct, enlarge, extend and maintain water lines or water pumping or wells or water tanks or treatment facilities or structures for the city. The monies deposited in said fund shall be kept separate and apart from all other monies of said city and shall be held in trust, dedicated to the specific purpose for which the water capital improvement fund is hereby created and established. Expenditures therefrom shall be made only upon specific authorization of the city council. The city treasurer may, as directed and empowered by resolution adopted and approved by the city council, invest the monies of the fund in the securities authorized by law, but no portion of the fund may be transferred to the credit of any other general or special fund or used for any other public purpose. [Ord. 188 § 3, 2006; Ord. 132 § 1, 1994.]
13.05.160 Water capital improvement fund charges established – Time of payment – Deposit of charges.
A water capital improvement fund charge of:
($1,320 x number of EDUs) + ($3,843 x “land area”) = contribution for each connection
is hereby imposed upon and shall be collected from every person, firm, company, corporation, partnership, association and any other water user before a connection shall be made to the city water system.
Of the above charges, a ($320.00 x number of EDUs) + ($3,843 x “land area”) portion is hereby set aside in the capital improvement fund for the purpose of wells, well houses, and related facilities. This portion of fees, at the discretion of the council, may be required from developers at final plat approval. An acceptable approved well and well house for municipal use may be required by the council in lieu of this portion of the connection fees.
“Land area” shall be assessed in one-quarter-acre increments rounding up to the closest quarter of an acre. For example, if a parcel of land is 0.27 acres, the “land area” would be one-half acre.
All water capital improvement fund charges shall be paid to the city clerk and shall be deposited by the city clerk into the water capital improvement fund established and created by DCC 13.05.150.
The city council from time to time shall review water rates, including capital improvement fund charges, water service connection charges, temporary water user rates, vacant lot rates, service restoration fees, and monthly user rates, and, as required by law, set any rates, fees or charges by resolution. [Ord. 188 §§ 4, 7, 2006; Ord. 156 § 2, 2000; Ord. 132 § 2, 1994.]
Article II. Violation – Penalty
13.05.170 Water service violations – Penalty.
Where no different penalty is specifically provided, any person who shall violate any provision of DCC 13.05.120 and 13.05.140 shall upon conviction thereof be punished by fine not to exceed $100.00 or by imprisonment in the county jail not to exceed 30 days, or by both such fine and imprisonment. [Ord. 69 § 8, 1978.]
13.05.180 Water turn-on and turn-off violations – Penalty.
Any person who shall violate any provision of DCC 13.05.100 and 13.05.110 shall, upon conviction thereof, be punished by a fine not to exceed $100.00 or by imprisonment in the county jail not to exceed 30 days, or by both such fine and imprisonment. [Ord. 131 § 3, 1993.]
13.05.190 Unlawful acts – Misdemeanors.
A. When water has been shut off from any premises, whether upon the application of the owner thereof or for nonpayment of water and sewer charges, or for any other cause, it shall be a misdemeanor for any person to restore such premises with the city water service except when specifically authorized in writing so to do by the city clerk.
B. It shall be a misdemeanor for any person not authorized by the city to tamper with, alter or injure any part of the city waterworks or water supply system or any water meter or any part of the sewer system of the city. [Ord. 136 § 3, 1994.]