6-2 MUNICIPAL WATER SYSTEM

There is hereby established a municipal water system, organized to provide water of adequate quantity and quality to provide for the domestic, fire protection and irrigation needs of the inhabitants of Garden City and such special customers outside the city limits as may be allowed by resolution of the city council. The operation of the municipal water system shall be under the direction of the public works director and staffed with whatever personnel are deemed necessary by the city council for the operation of the system. (1988 Code)

6-2-2 RESPONSIBILITY:

It shall be the responsibility of all members of the municipal water system staff to operate and maintain the equipment and facilities used in the procurement and delivery of domestic water in a manner consistent with all federal, state and municipal rules and regulations, and to take all precautions necessary to ensure the purity of water at the source and throughout the delivery system in order to protect the safety and health of the public. (1988 Code)

6-2-3 TO WHOM CHAPTER APPLICABLE:

The provisions of this chapter shall apply to all properties within the corporate limits of the city, and any special user outside of the corporate limits of the city, including all property owned or occupied by the United States of America, the state of Idaho and Ada County. (1988 Code)

6-2-4 POWERS AND AUTHORITY OF CITY AUTHORIZED REPRESENTATIVE:

The city, through its authorized representative bearing proper credentials and identification, shall be permitted at proper and reasonable hours of the day to enter all properties, premises or buildings which water is furnished from the municipal water system for testing or for any other purposes necessary for the proper administration of the water system in accordance with provisions of this chapter. 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 an 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 easements. All entry and subsequent work in any of said easements shall be done in a workmanlike manner with properties to be restored to original state. (1988 Code)

6-2-5 CONNECTION BY METER REQUIRED:

A. Meter Connection: Each separate building shall be connected to the city water main through a separate service line which includes a meter. Subsequent to investigation by the public works director, the city council may grant permission for a single meter to serve more than one water consumer. Upon granting of an exemption, the base water rate shall be adjusted to reflect the number of water consumers on a single meter.

B. Water Service Sizing: It shall be the responsibility of the owner to provide to the public works director all flow requirements for a property’s intended use prior to installation of a city service line and meter. Should flow requirements change subsequently, owner shall be responsible for all costs incurred in the enlargement of city service line and meter less any salvage value of piping, meter, setting equipment, meter box and lid. (1988 Code)

6-2-6 PERMIT AND INSPECTION REQUIRED FOR WATER SERVICE CONNECTION:

A. Permit Required: Application for permit shall be made to the municipal water system prior to obtaining a utility service connection permit for connection of or to a city water service line from the public works director and obtaining a plumbing permit from the building department for the installation or alteration of a private water service line as per the requirements of the uniform plumbing code. Utility service connection permit shall be issued to the owner of the property. Plumbing permit shall be issued to a licensed plumber except that a legal owner occupying a single-family dwelling may obtain a plumbing permit provided they: 1) personally purchase all materials and parts required, and 2) personally perform all labor in connection with the installation or modification to the private water service line.

B. Rules; Validity: The issuance of a utility service connection permit and subsequent service connection to the municipal water system will forever bind the owner and all subsequent owners to any and all rules and regulations now in force and that may be adopted in the future by resolution of the city council. The utility connection permit shall be valid and in effect only so long as the stated or implied use of the municipal water system is maintained.

C. Permit Fees: Any and all fees charged by Garden City for the issuance of permits under this chapter shall be adopted by resolution of the city council.

D. Inspections Required: It shall be the responsibility of the owner or plumber to provide twenty four (24) hours notice to Garden City prior to commencement of work allowed by permit to allow for scheduling of inspectors appointed by Garden City. Work performed with a utility connection permit shall be inspected by the public works director or designated representative and shall be limited to projects performed only in dedicated easements and rights of way. Work performed with a plumbing permit shall be inspected by the plumbing inspector.

E. Required Plans And Specifications: Prior to the issuance of a utility service connection permit or a plumbing permit, plans and specifications of the work to be performed with details satisfactory to the inspector shall be submitted and approved.

F. Commencement: No work, excavation or piping subject to the provisions of this chapter shall commence prior to the issuance of required permits. (1988 Code)

6-2-7 METERS THE PROPERTY OF THE CITY:

All meters shall be and remain the property of the city, and in the event of a meter becoming out of order and failing to register, the consumer shall be charged based upon estimated average consumption determined in accordance with the utility billing policy adopted by resolution of the city council. (1988 Code)

6-2-8 FIRE HYDRANTS:

It shall be unlawful for any person, except one duly authorized by the public works director, to open, close, operate, turn on, turn off, interfere with, attach any pipe or hose to or connect anything to any fire hydrant or auxiliary valve belonging to the city. Further, 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 to wilfully or carelessly injure the hydrant. (1988 Code)

6-2-9 SERVICE PIPES AND FIXTURES:

All service pipes and fixtures on private property are the responsibility of the property owner and shall be kept in good repair and protected from freezing at the property owner’s expense. The property owner shall be responsible for all damage resulting from leaks or breaks in service pipes and fixtures. Water will not be furnished to a water service where there is a leak in the service piping or in a fixture and when a leak is discovered the water service may be discontinued immediately. If water service has been discontinued because of a leak, it shall not be turned on until all leaks have been repaired. (1988 Code)

6-2-10 WATER USE RESTRICTIONS:

No person supplied with water from the city water main will be entitled to use it for any other purpose than implied or stated in their utility connection permit, nor shall water be supplied to other households or businesses, or allowed to be taken off the premises with the intent of bypassing a service line. (1988 Code)

6-2-11 MALICIOUS OR WILFUL WASTE OF WATER:

It shall be unlawful for any water user to wastewater or allow it to be wasted by imperfect water stops, valves 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 make a determination of where water has been wasted and shall notify the user of that determination. It shall be then be the user’s responsibility to make the necessary repairs, or to institute action that will correct the situation within thirty (30) 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. Any request for reimbursement for water lost shall conform to the utility billing policy adopted by resolution of the city council. (1988 Code)

6-2-12 PRIVATE WATER SERVICE LINE:

All materials and workmanship used in the construction and repair of private water service lines shall conform to the requirements outlined in the latest edition of the uniform plumbing code, and any requirement adopted by resolution of the city council. The furnishing of all labor and material utilized in the construction and repair of private water service lines shall be the responsibility of the property owner. (1988 Code)

6-2-13 PRIVATE FIRE SERVICE LINE:

The installation of any private fire service connection shall comply in all respects to the requirements for a city water service line and the owner or their agent will be required to pay for all costs incurred in connection and extension of the facility from the city water main. Monthly billing for fire service line connections shall be in accordance with the utility billing policy adopted by resolution of the city council. (1988 Code)

6-2-14 CONNECTIONS OUTSIDE CITY LIMITS:

Service connections to service properties outside the corporate limits of the city of Garden City shall require advance approval of the city council. Requests for service connections outside the city limits shall be on city provided application, and shall be accompanied by a city provided, notarized agreement to annex into the city of Garden City. (1988 Code)

6-2-15 EXTENSION OF CITY WATER MAINS:

All proposed extensions of city water main lines shall comply with Garden City material and construction specifications provided by the public works director, and shall conform to water master plan requirements. Requests for extensions of city water mains shall be made to the public works director, and accompanied by two (2) copies of construction plans stamped by a registered professional engineer for review by the public works director and submittal to the division of environmental quality for approval. Pipeline size shall be in conformance with the water master plan, and any oversize cost reimbursement shall be in accordance with the policy for reimbursement adopted by resolution of the city council. Construction shall conform to supplemental requirements set forth by the public works director. Performance bonds may be required to protect the interests of the public. (1988 Code)

6-2-16 REQUIREMENTS FOR EXTENSION OUTSIDE CITY LIMITS:

All extensions of city water mains outside the city limits shall conform to section 6-2-17 of this chapter, and additionally the following shall apply:

A. Determination shall be made by the city council that the requested extension is in the best interests of the city of Garden City.

B. All extensions outside the city limits necessary for a development and not required as a component of the transmission and distribution system shall be constructed at the expense of the person(s) requiring extension; however, the developer may receive credit for oversized pipe installed at the request of Garden City pursuant to the policy for reimbursement adopted by resolution of the city council.

C. The city of Garden City reserves the right to impose impact and development fees for extensions outside the city limits as may be in the best interests of Garden City and adopted by resolution of the city council. (1988 Code)

6-2-17 CONSTRUCTION METHODS AND MATERIALS:

Construction methods and materials used in the installation of water main lines, water service lines, fire service lines and water system appurtenances shall conform to all material and construction specifications as may be provided by the public works director. Construction materials and workmanship not in accordance with the material and construction specifications shall be removed and replaced to conform with requirements at the expense of the installer. (1988 Code)

6-2-18 ILLEGAL CONNECTIONS:

It shall be unlawful for any person to make or cause to be made any connection with the city water main or to introduce or cause to be introduced water from the city water main into any connection made therewith unless a permit has been first issued for such purpose by the public works director in compliance and conformity with the provisions of this chapter and the rules and regulations of the city that are now or may hereafter be established. It shall further be unlawful for any person to tamper with, alter, interfere with or abuse any pipe, hydrant, connection, meter or appurtenance of the water system. Violation of this provision or any part thereof shall be a misdemeanor and shall be strictly enforced. (1988 Code)

6-2-19 FAILURE OF WATER SUPPLY:

The city shall not be liable under any circumstances for a deficiency or a failure of the supply of water whether by the shutting off of the water to make repairs or connections or for any cause whatsoever. (1988 Code)

6-2-20 RIGHT OF CITY TO TURN OFF WATER SUPPLY:

The city reserves the right at any time to shut off the water supply for repairs, extensions or any other reason. The city shall not be responsible for damage such as bursting of boilers supplied by direct pressure, the breaking of any pipe or fixtures, or any other damage resulting from the shutting off of the water. (1988 Code)

6-2-21 SPECIAL FEE FOR SERVICE OUTSIDE CITY:

The city council may, by resolution, adopt certain special fees for providing services outside the city limits in order to more equitably apportion the cost incurred in the procurement and installation of water supply, pumping and storage facilities, transmission and distribution systems, fire fighting appurtenances and service lines. These special fees may include connection, impact, extension fees and modified base and consumption service rates as deemed necessary for the water system to remain viable. (1988 Code)

6-2-22 HOOK ON FEES:

The city shall require that all new service connections pay hook on fees to equitably provide for maintenance and replacement of the existing infrastructure. The hook on fee schedule shall be adopted by resolution of the city council and be maintained in the office of the public works director. (1988 Code)

6-2-23 SERVICE CONNECTION FEES:

The city shall require that all new service connections pay service connection fees. These fees shall approximate actual installation costs incurred by the city in the installation of water service lines and meters directly attributable to the installation. The service connection fee schedule shall be adopted by resolution of the city council and be maintained in the office of the public works director. (1988 Code)

6-2-24 MAIN EXTENSION FEES:

The city shall require that all new service connections be assessed their equitable share of the cost of installation of water main lines, fire hydrants and appurtenances adjacent to the property served. The method of determining actual cost shall be determined by the city council and adopted by resolution. The public works director shall maintain accurate records of installation costs, including design, materials, labor, administration and inspection. (1988 Code)

6-2-25 WATER USE CHARGES AND FEES:

Water use charges and fees shall be reviewed annually by the public works director, to provide adequate revenues for the operation and maintenance, replacements, extensions and to provide for sufficient reserves and to retire any indebtedness of the utilities and to operate the same on a cash basis. Water use charges and fees shall be an integral part of the utility billing policy adopted by resolution by the city council. (1988 Code)

6-2-26 DEPOSITS AND WATER TURN ON FEES:

The city shall not be obligated to activate water and sewer service to any property prior to application for service to the public works department, accompanied by any application fee and/or security deposit identified in the utility billing policy adopted by resolution of the city council. (1988 Code)

6-2-27 UTILITY PAYMENTS AND DELINQUENT BILLS:

Utility bills are due and payable upon receipt of monthly statement. Utility payments not received prior to the processing of the subsequent billing will show the past due amount and shall constitute first notice of delinquency. Approximately, but not less than two (2) weeks after first notice of delinquency, a second written notice will be delivered to all delinquent accounts showing date and time of disconnection of city provided utility services and shall constitute final notice. Final notice shall give notice of the date and time the utility grievance board shall convene to hear requests for extensions of service and to provide for written arrangements to bring accounts to a current status. No extension or arrangement for payments shall be granted without approval by the utility grievance board. (1988 Code)

6-2-28 TERMINATION OF SERVICE:

Payments received for city provided utility services shall be credited to customer accounts in the following order: a) sewer services, b) sanitation services and c) water services. Properties with delinquencies showing in an amount identified in the utility billing policy adopted by resolution of the city council and having not shown due hardship or cause to the utility grievance board shall have services terminated on the date and time shown on the final notice. Service shall be reinstated only after all past due payments and applicable restoration fees allowed in the utility billing policy have been paid. Services restored by any other process or means shall constitute an illegal connection pursuant to section 6-2-18 of this chapter and shall be a misdemeanor and services shall again be terminated by whatever means deemed necessary by the public works director to protect the interests of the city. All costs associated with this termination shall be due and payable along with any delinquent charges and fees prior to restoration of service. (1988 Code)

6-2-29 COLLECTIONS:

Utility service charges and fees shall be collected, posted and processed by the public works department, and transmitted to the city treasurer for deposit in accordance with Idaho Code. The city treasurer shall provide for the accounting and periodic reporting of funds to the public works director, the public and the auditor engaged by the city council. (1988 Code)

6-2-30 CROSS CONNECTION AND CROSS CONNECTION CONTROL:

It shall be unlawful for any cross connection to occur on or in any property served by the municipal water system. It shall be the duty of the public director and their designated cross connection control inspector to identify potential backflow conditions and provide for their abatement. All activities of cross connection control and abatement shall conform to the latest edition of the "Idaho Rules For Public Drinking Water Regulations" and Pacific Northwest section of the "American Water Works Association Cross Connection Control Manual", and the cross connection control policy adopted by resolution of the city council. (1988 Code)

6-2-31 DOMESTIC WATER SYSTEM CAPITALIZATION FEE:

A. Definitions: As used in this section, the following words shall have the following meanings:


CAPITALIZATION FEE	The fee calculated and collected according to this chapter, with respect to parcels created or otherwise brought under this chapter representing a fair share of the new value of the water system, as allowed to an individual parcel of land.
PARCEL OR LEGAL PARCEL	Any legal lot now existing or hereafter created through a division or subdivision process, and any other parcel of real property recognized by the Garden City development services department as a separate legal parcel, having dimensions which would legally allow such parcel to be improved with a residence or other structure for human use and/or occupancy, or which otherwise could reasonably be deemed benefited by the availability of water service provided by the city. Additionally, the term "parcel" shall include a unit in a condominium project for which a condominium plan shall have been recorded, and any unit having final approval as part of a planned unit development, but only where no further platting or other governmental approvals are required as a prerequisite to the issuance of a building permit.
SINGLE-FAMILY DWELLING EQUIVALENTS (SFDE)	The basic unit of measurement utilized by the city to establish relative water consumption requirements of various property uses, with one single-family dwelling equivalents or "SFDE" being defined as one residential dwelling unit. The number of SFDEs attributable to a particular use shall be determined according to the city’s utility billing policy.
USER	Any person owning, controlling, occupying or otherwise using an improved parcel or lot which is connected to or is required to be connected to the city’s domestic water supply system.

B. Capitalization Fees:

1. Applicability: All new development or building within the city, the existing or future service area of the city’s water system that requires a building permit, upgrade in existing service that requires additional flow or fire protection, and/or establishment of a domestic water service connection to the water system of the city subsequent to February 27, 2006.

2. Basis For Determining Capitalization Fees:

a. The city shall collect from all new users as defined herein, the appropriate capitalization fee for existing platted lots or parcels at the time the building permit is issued, and for existing developed parcels prior to connecting to the water system or utilization of increased demand. This money shall be placed in a special fund for utilization by the city for repair and replacement of existing water system infrastructure, including sources of supply, pumping, storage and distribution. For new plats of subdivisions and modifications and extensions of previously approved plats, the capitalization fees shall become due and be payable at the time the building permit is issued to the individual lot or parcel. These fees shall be in addition to other fees and costs established by all other applicable ordinances, and represent a portion of the present value of the increment of capital of the city’s water system utilized by the new connection that shall be provided or replaced at a future date.

b. The capitalization fee shall be equal to the number of SFDEs calculated in this chapter times the capitalization fee for a single-family residence. In no case shall the capitalization fee be less than that for one single-family residence (1 SFDE). A schedule is on file in the city for determining SFDEs for users installing a water service connection to the city’s system for purposes other than single-family residences. Any use not covered by the classification on the city’s utility billing policy shall have its SFDE factor determined by the city on an individual basis in such manner to approximate potential water service requirements. The city reserves the right to adjust a particular SFDE factor from time to time with respect to capitalization fees in the case of a change in use.

c. The capitalization fees shall be reviewed and adjusted at least annually by the city. As a minimum, the fees should be adjusted on the first day of October of each year, and may be adjusted at any time at a regular meeting of the city council.

d. The city reserves the right to adjust a particular SFDE factor from time to time in the case of a change in use of a particular user. The city may negotiate the SFDE calculation for a new connection and adjust the value after a reasonable period to verify actual use (typically 1 year).

C. Determination Of Water System Value And Capitalization Fee: The city shall collect from all qualified users an applicable capitalization fee. The fee shall be based upon an equitable buy in to the water system of the city. The basis for the capitalization fee charge for those persons or entities connecting to the city’s water system is to charge the value of that portion of the system that the new user will utilize at that point in time. The formula for determining the fee shall be the assessed value of the system, as determined by the city engineer or other qualified expert, divided by the number of parcels within the city, developed or undeveloped. (Ord. 842-06, 2-27-2006)

6-2-32 VIOLATIONS AND PENALTIES:

Any person who is found to be in violation any portion of this chapter shall be prosecuted for a misdemeanor violation. (1988 Code; amd. Ord. 842-06, 2-27-2006)

CHAPTER 2MUNICIPAL WATER SYSTEM

6-2-1 MUNICIPAL WATER SYSTEM ESTABLISHED: