CITY OF BELLEVUE, IDAHO
ORDINANCE NO.2010-06
WATER SYSTEM ORDIANCE
AN ORDINANCE OF THE CITY OF BELLEVUE, IDAHO, DELETING TITLE 7, WATER AND WATERWORKSIN ITS ENTIRETY INCLUDING ASSOCIATED ORDINANCES, 97-12, 99-09, 2000-04, 2005-11, 2006-02, 2007-16, 2009-02, AND 2009-11; AND ADOPTING A NEW WATER AND WATERWORKS ORDINANCE, §1, REGULATING AND ADMINISTERING THE PUBLIC WATER SYSTEM OF SAID CITY; §2, PROVIDING PURPOSES; §3, PROVIDING DEFINITIONS; §4, PROVIDING TO WHOM ORDINANCE APPLICABLE; §5, REQUIRING CONNECTION TO PUBLIC WATER SYSTEM; §6, PROVIDING REQUIRED BACK FLOW PREVENTION DEVICES; §7, PROVIDING CRITERIA FOR TURNING ON WATER SERVICE, WASTING WATER AND PROHIBITING CONNECTING A PRIVATE WATER SYSTEM TO THE MUNICIPAL WATER SYSTEM; §8, PROVIDING FOR REQUIREMENT OF PERMIT AND APPROVAL; §9, PROVIDING FOR INDEPENDENT WATER SERVICE LINE REQUIREMENTS; §10, PROVIDING FOR PROVISIONS FOR EXISTING WATER SERVICE LINES; §11, PROVIDING FOR WATER SERVICE LINE MAINTENANCE; §12, PROVIDING FOR INJURY TO OR TAMPERING WITH PUBLIC WATER SYSTEM; §13, PROVIDING FOR WATER SYSTEM CAPACITY; §14, PROVIDING FOR LIMITATIONS ON IRRIGATION; §15, PROVIDING FOR REQUIRED WATER CONNECTION PERMIT; §16, PROVIDING FOR REQUIRED EXCAVATION PERMIT; §17, PROVIDING FOR REQUIRED WATER SERVICE LINE EXTENSION OR REPAIR PERMIT; §18, PROVIDING FOR INSTALLATION AND MAINTENANCE OF WATER SERVICE LINE; §19, PROVIDING FOR RIGHT TO REVOKE PERMITS; §20, PROVIDING FOR WATER CONSTRUCTION PLANS AND SPECIFICATIONS REQUIRED; §21, PROVIDING RIGHT OF CITY TO ENTER PREMISES FOR INSPECTION; §22, PROVIDING FOR WATER SYSTEM CAPITALIZATION FEE; §23, PROVIDING FOR SERVICE CALL CHARGES; §24, PROVIDING FOR PURPOSE OF MONTHLY WATER USER CHARGE; §25, PROVIDING FOR MONTHLY WATER USER RATES; §26, PROVIDING FOR AN EQUIVALENT USER SCHEDULE; §27, PROVIDING FOR METERED WATER USER CHARGES; §28, PROVIDING FOR METERED SERVICE; §29, PROVIDING FOR REVIEW AND REVISIONS OF RATES AND DEQ NOTIFICATION; §30, PROVIDING FOR USER REQUEST OF RATE CHANGE; §31, PROVIDING FOR PROPERTIES SUBJECT TO MONTHLY USER CHARGES; §32, PROVIDING FOR ACCOUNTING OF COLLECTED CHARGES AND FEES; §33, PROVIDING FOR OPENING ACCOUNTS, BILLING PROCEDURES; §34, PROVIDING FOR USER CHARGES AND DUE DATES; §35, PROVIDING FOR COLLECTION OF DELINQUENT ACCOUNTS AS JUDGMENT ON REAL PROPERTY AND DISCONTINUE PROCEDURES; §36, PROVIDING FOR A WATER FACILITIES FUND AND REQUIRING CITY TO PROVIDE DEQ WITH BUDGET INFORMATION; §37, PLUMMER PERMIT REQUIRED; §38, PROVIDING FOR RECORD DRAWINGS ENGINEER'S ACKNOWLEDGEMENT; §39, PROVIDING FOR CERTIFICATE OF FINANCIAL CONTRIBUTION; §40 PROVIDING FOR INSTALLATION OF FIRE SPRINKLER AND STANDPIPES; §41, PROVIDING FOR IRRIGATION RESTRICTIONS; §42 EMERGENCY WATER RATIONING; §43 PROVIDING FOR RIGHTS OF APPEAL; §44, PROVIDING FOR PENALTIES AND CIVIL ENFORCEMENT OF THIS ORDINANCE; §45, PROVIDING SAVINGS CLAUSE; §46, PROVIDING REPEALER CLAUSE; §47 PROVIDING FOR PUBLISHING ORDINANCE BY SUMMARY; §48 AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Bellevue, Idaho, hereinafter referred to as "City" herein, under and pursuant to the powers vested in it by the Bellevue Charter, Constitution of the State of Idaho, Title 50, Idaho Code and all other applicable laws, in order to promote the public health, safety and welfare of its inhabitants, deems it necessary to make and place into effect certain rules and regulations to provide efficient provision of the public water system of the CITY; and
WHEREAS, the City, has the power to prescribe and collect rates, fees, tolls or charges for the use of the public water system of the City, and it is necessary and expedient that such rates, fees, tolls, or charges be established to provide for the repayment of City indebtedness for the construction and installation of the system and for its efficient maintenance, operation, repair, replacement, improvement, extension of said water system and in establishing such rates and charges the City has taken into account the cost and value of the system, operation and maintenance expenses, possible delinquencies, proper allowance for depreciation, contingencies and any amounts necessary to retire all bonds payable from net revenues and the reserve therefore; and
WHEREAS, the City deems it necessary to protect and improve the public health and general welfare of the habitants of the City to require mandatory connection of homes or other facilities within the City to the public water system, and the City has the power to require such mandatory connection; and
NOW, THEREFORE,BEIT ORDAINED BY THE CITY OF BELLEVUE, IDAHO:
SECTION 1. REGULATING AND ADMINISTERING:
The Bellevue City Code, Title 7, Water and Waterworks, Chapter 7.10, Municipal Water Service, and associated ordinances, 97-12, 99-09, 2000-04, 2005-11, 2006-02, 2007-16, 2009-02, and 2009-11 are hereby repealed in their entirety and the provisions hereinbelow are hereby adopted as the new Water and Waterworks Ordinance thereof.
SECTION 2.PURPOSES:
It is herebydetermined and declared to be necessary and conducive to and for the protection of the health, safety and welfare of the public and inhabitants of the City, and for the purpose of controlling the use and connection to and for providing an equitable distribution of the costs and expense of construction, maintenance, operation, upkeep, repair, replacement and improvement of the entire public water system which includes the water wells, springs, storage tanks, pumps, distribution and related improvements of the City, to charge and collect service charges or fees upon all lots, lands, property and premises served or benefited by the public water system of the City, and to provide for the control, use and administration of the installation of private water systems where a public water system is not available.
SECTION 3. DEFINITION OF TERMS:
Terms used in this Ordinance shall have the meanings herein given to them.
a)APPROVING AUTHORITY shall mean the WaterSuperintendent, as appointed by the City or his/her duly authorized deputy, agent, orrepresentative.
b)BACKFLOW shall mean the flow of water or fluid, mixtures, or substances into the distribution pipes of a potable water supply from any sources other than its intended source. (See Back Siphonage and Back Pressure Backflow)
c)BACK SIPHONAGE BACKFLOW shall mean backflow due to an increased pressure above the supply pressure, which may be due to pumps, boilers, gravity or other sources of pressure.
d)BACK PRESSURE BACKFLOW shall mean the flowing back of used, contaminated, or polluted water from a plumbing fixture or vessel into a water supply pipe due to a pressure less than atmospheric in such pipe.
e)BUILDING WATER LINE. The extension from the building to the point of connection with the publicwater system, and is also referred to as"waterservice line" or "building water line".
c)BOND RATE is a class of users having service connections to the lot, but no water uses on the property due to buildingshaving been removed, condemned or destroyed by fire, flood or otherdisaster event.The monthly user rate assessed for this class of propertiesshall be based on the EDUvalue of the monthly outstandingbond cost, plus an administrative surcharge forbilling and accounting to be set by Council byresolution.
d)CAPITALIZATION FEE. The water capitalization fee is a connection charge paid by a property that connects to the system and did not contribute to theconstruction or financing of the existing system.
e)CIRCUIT BREAKER RATE. A Circuit Breaker Rate shall be a reduced fee assessed to a property owner who has been approved by the State of Idaho Tax Commission and Blaine County Assessors Department to receive a reduction inassessed property taxes, commonly known as a Circuit Breaker. The monthlyCircuit Breaker Rate shall not be less than the current bond rate feeestablished by resolution.
f)CHLORINE REQUIREMENT shall mean the amount of chlorine, in parts permillion by weight, which must be added to the water system to produce a specified residual chlorine content, or to meet the requirements of some other objective, in accordance with the procedures set forth in "Standard Methods"
c)CITY shall mean the City of Bellevue, Idaho, its Common Council and authorized representatives.
d)COMMON COUNCIL shall mean the duly elected CommonCouncil of the Cityof Bellevue, Idaho.
e)Corporation Stop shall mean the water shut off valve after which the privateserviceline begins. Thecorp stop is part of the municipal water system and is under theexclusive control of the city. The corporation stop is also referred to as a "corp stop in this ordinance.
f)DWELLING UNIT shall mean a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation andshall include but not be limited to mean any single family home, apartment, town house unit, condominium unit, duplexmanufactured home,mobile home or house trailer,orrooming house room constructedor usedin such amanner as a dwelling orsleeping place for one ormore persons, whether or not the same shall have akitchen.
g)IRRIGATE-IRRIGATION shall mean the watering of lawns, trees, shrubs, and other vegetation within the City of Bellevue, including, without limitation, the use of sprinklers, sprinkler or irrigation systems, hoses (whether hand-held or left running), or other devices.
h)PERSON shall mean any individual, firm, company, association, society, corporation, group, or other entity.
i)PRIVATE WATER SYSTEM shall mean a water system serving one (1) or morebuildings, residences or properties, constructed by private contract outside of the public right-of-way and remaining under private ownership and jurisdiction and which shall be maintained by said private owners. Private water systems shall be designed, constructed, and maintained by said private owners to the same design, construction, and maintenance standards as the public water system.
j)PUBLIC WATER SYSTEM shall mean a water system owned and operated by theCity. All portions of the public water system shall be located in dedicated publicrights-of-way, city owned property or easements. Public water system is also referred to as"municipalwater system" in this ordinance.
k) REPLACEMENT shall mean any expenditure for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
l)SERVICE CHARGE shall mean the charge levied on all users of the public water system for the purpose of repayment of City indebtedness for the construction and installation of the system and for its efficient maintenance, operation, replacement and improvement and in establishing such rates and charges the CITY has taken into account the cost and value of the system, operation, maintenance replacement and improvement expenses, possible delinquencies, proper allowance for depreciation, contingencies and any amounts necessary to retire all bonds payable from net revenues and the reserve required for these.
m)SHALL means mandatory; "may" is permissive.
n)WATER SERVICE CONNECTION shall mean the point at which a buildingwaterservice line is connected tothe public water system at the corp stop.
o)WATER SUPERINTENDENT shall mean the Water Superintendent of the City.
p)WATERUSER. Anyindividual,firm,company,association, society, or corporation,or group who has property connected to or using the public water system.
SECTION 4.TO WHOM ORDINANCE APPLICABLE:
The provisions of this Ordinance shall apply to all property and persons within the corporate limits of the City, and any special users outside of the corporate limits of the City, including all property owned or occupied by the United States of America, Blaine County, Idaho, and the State of Idaho.
SECTION 5.CONNECTION TO PUBLIC WATER SYSTEM REQUIRED:
Every parcel of land or premises within the boundaries of the City, improved for residential occupancy and occupied or used by any person, or for a commercial, industrial, business, governmental or recreational, or other use, shall be connected to the public water system. All charges associated with the laying of pipe from the home or facilities to be served to the City's mains and all other costs incurred in connecting to said public water system shall be borne by the property owner. All such connections to the public water system mains shall be properly designed and constructed in conformity with requirements specified by the City. It shall be unlawful for any person to not connect to the public water system and construct, use or maintain any well unless otherwise approved by the Council, Idaho Department of Water Resources, and South Central Public Health District for areas of land located within the City limits such as but not limited to lands located at the west boundary City limits adjacent to Lower Broadford Road and the 61 acre parcel owned by the City of Bellevue, located at the east boundary City limits adjacent to Slaughter House Road.
SECTION 6.BACK FLOW PERMITS AND PREVENTION DEVICES REQUIRED:
(A). Irrigation Line Connections. A back flow prevent device, approved by the Water Superintendent (WSI) and in conformance with IDAPA 58.01.08.543 and the adopted International Plumbing Code, shall be installed and properly maintained on each irrigation, sprinkler or other water line connected to a private water service line. No person shall connect an irrigation, sprinkler or similar water line without first installing such a back flow prevention device. No person shall connect any such water line to a private water service line without first receiving a permit from the City.
(B). Fire Line Connections. A back flow prevent device, approved by the WSI and in conformance with IDAPA 58.01.08.543, shall be installed and properly maintained on each fire line, standpipe line, fire sprinkler line and other non-domestic private water service line. No person shall connect such a fire line, standpipe line, fire sprinkler and other non-domestic private water service line to a municipal water line without first installing such a back flow prevention device. No person shall connect such a water line to a private water service line without first receiving a permit from the City.
(C). Existing Connections. A back flow prevent device, approved by the WSI and in conformance with IDAPA 58.01.08.543 shall be installed and properly maintained on each existing private irrigation, sprinkler, fire line, standpipe line, fire sprinkler line or other non-domestic water lines that is connected to a private water service line or a municipal water line. No person shall connect any such water line to a private water service line without first receiving a permit from the City. The owner of the real property serviced by said private water service line shall apply for and receive a back flow prevention device installation permit from City and install said back flow prevention device on or before the first day of October, 2000.
(D). Permit Required. Each back flow prevention device shall be installed and properly maintained through an annual inspectionin accordance with the standards of the City and IDAPA 58.01.08.543. No person shall install or use a back flow prevention device on any line connecting to a private service line or the municipal water system without a back flow prevention device installation permit issued by the City. Failure to obtain a permit or to install any non-domestic water system as listed in (A), (B), and (C) above may result in the discontinuation of water service to the property in question. The back flow prevention device shall be inspected as installed and approved by the City prior to use. The Common Council may establish by resolution the permit fee
SECTION 7. TURNING ON WATER SERVICE, WASTING WATER AND CONNECTING PRIVATE WATER SYSTEMS IS PROHIBITED:
(A) It shall be unlawful for any person to turn on, shut off or tamper a corporation stop, or to obtain municipal water service without first obtaining all required permits from the City.
(B) It shall be unlawful for any person to waste any water from the municipal water system, including, without limitation, by excessive irrigation, leaking water service line or water pipes.
(C) It shall be unlawful for any person to connect a private water system to the municipal system or to interconnect a private water system to the municipal water system or to place, deposit or discharge or cause to be placed, deposited or discharged any water into the municipal water system not from the municipal water system, or return any water from the municipal water used from the municipal water system back to the municipal water system.
SECTION8. PERMIT AND APPROVAL REQUIRED:
No connection of any kind to a public water line or the public water system shall be made nor shall any City water permitted to flow through such connection except pursuant to an approved Utility Payment Agreement, signed by the property owner or legal representative, issued by the City as required under this ordinance. In the event that the City does not make the water connection, the City may reject any material or workmanship for cause and upon such order, rejected material shall be removed and replaced with approved material. Disapproved workmanship shall cause the removal and replacement of all materials involved, including appurtenances, excavation, backfilling and other items. The City may require backflow prevention devices on service lines serving fire sprinklers, standpipes and similar uses where there is a risk of contamination from water backflow.