Ordinance - 2007 - 570 - Amend Title 6-5-4 Description Of Service (Water) - 04/17/2007
ORDINANCE NO. 570
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
SECTION 6-5-4 REPEALING A PORTION OF SECTION G PROVIDING WATER SERVICE
PREFERENCE AND DIFFERENTIATION BETWEEN CITY CUSTOMERS AND THOSE
OUTSIDE CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Eagle is a municipal corporation formed pursuant to the laws of
the State of Idaho; and
WHEREAS, the Eagle City Council has the authority to enact or repeal an ordinance
pursuant to Title 50, Chapter 3 Idaho Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF EAGLE, Ada County, Idaho:
Section 1: That Section 6-5-4 of the City Code of the City of Eagle be amended as follows.
6-5-4: DESCRIPTION OF SERVICE:
A. Supply: The water department will exercise reasonable diligence and care to deliver a
continuous and sufficient supply of water to the customer at a reasonable pressure and to
avoid so far as reasonably possible any shortage or interruption in delivery.
The water department and city shall not be liable for damage resulting from an interruption in
service or from a lack of service. Temporary suspension of service by the water department
for improvements and repairs will be necessary occasionally. When time permits, all
customers affected will be notified prior to shutdowns.
B. Quality: The water department will exercise reasonable diligence to supply safe and potable
water at all times.
C. Ownership Of System: All water mains, valves, meters, fittings, hydrants, service
connections and other appurtenances, except "customer service lines", as defined in
subsection 6-5-7A of this chapter, shall be the property of the city.
D. Classes Of Service: The classes of service shall be residential, commercial, standby fire and
contract as further qualified after the class as follows:
1. Inside city limits.
2. Outside city limits.
a. Residential Service: Residential services shall consist of all services for domestic
purposes, single-family dwellings, homes and municipal purposes.
K:\COUNCILlDraft Ordinances\Ord 570.doc
b. Commercial Service: Commercial services shall consist of those services where water is
used for commercial services, such as businesses and multi-family dwellings.
c. Standby Fire: Standby fire service shall consist of those services where water is available
or used for fire protection only.
d. Contract Service: Contract services shall consist of those services for industrial or
independent water district purposes under contracts authorized by the city council.
E. Special Contracts: When the applicant's requirements for water are unusual or large, such as
an independent water district, or necessitate considerable special or reserve equipment or
capacity, the city, by authorization of the city council, reserves the right to make special
contracts, the provisions of which are different from and have exceptions to the regularly
published water rates, rules and regulations. The special contracts shall be in writing, signed
by the applicant and approved by the city council.
F. Resale Of Water: Resale of water shall be permitted only under special contract, in writing,
between the city, as approved by the city council, and the persons, parties or corporation
purchasing the water.
G. Service Preference: In case of shortage of supply, the city reserves the right to give
preferences in the manner of furnishing service to customers as is in the interest of the city
from the standpoint of public convenience or necessity. Domestic water use shall be a
preferential use to an irrigation use. Watcr servicc to uscrs outsidc of the city limits shall at
all times bc subjcct to the prior and superior rights of the customcrs within the city limits.
Section 2: EFFECTIVE DATE:
This Ordinance shall be in full force and effect from and after its passage, approval and
publication in the official newspaper, the City of Eagle, as required by law. In lieu of publication
of the Ordinance, a summary thereof in compliance with Section 50-901 A, Idaho Code, may be
published.
PASSED AND APPROVED this il.f!J...- day of r2\-.p ,,; I
,2007.
CITY OF EAGLE
(Seal)
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ATTEST:
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~ Sharo~ K. Bergmann, City Cl rk
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
If~ECI.:I\iED & -F-ILED
CITY Or: fAGLE
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ORDINANCE NO. 570 .~ .-z..') '01
AN ORDINANCE OF TIlE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
SECTION 6-5-4 REPEALING A PORTION OF SECTION G PROVIDING WATER SER-
VICE PREFERENCE AND DIFFERENTIATION BETWEEN CITY CUSTOMERS AND
rnOSE OUTSIDE CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle is a municipal corporation formed pursuant to the laws
of the State ofIdaho; and
WHEREAS, the Eagle City Council has the authority to enact or repea1 an ordinance
pursuant to TItle 50, Chapter 3, Idaho Code.
NOW, TIlEREFORE, BE IT ORDAINED BY TIlE MAYOR AND CITY COUNCIL
OF TIlE CITY OF EAGLE, Ada County, Idaho:
Section I: That Section 6-5-4 of the City Code of the City of Eagle be amended as follows:
6-5-4: DESCRIPTION OF SERVICE:
A. Supply: The water department will exer-
cise reasonable diligcoce and ClIlC fb deliver
a COI!tinuous and sufficient supply ofwalef
to the customer at a reasonable presswc and
to avoid so far as reasonably possible any
shortage or interruption in delivery.
The water department and city sba\I not be
liable for damage resulting from an inIcrrup-
tion in servieeorfrom a lack of service. nm-
porary suspension of service by the water
departmeot for improvemegts and repairs
will be necessary occasiODa1ly. When time
permits, all customers affected will be noti-
fied prior to shutdowns.
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B. Quality: The water department will exer-
cise reasonable diligence to supply safe and
potable water at all times.
C. Ownership Of System: All water mains,
valves, meters, fittings, hydrants, service
connections and other appurtenances, except
"customer service lines" as defmed in sub-
section 6-5-7 A of this chapter, shall be the
property of the city.
D. Classes Of Service: The classes of ser-
vice shall be residential, commercial,
standby fire and contract as further quali-
fied after the class as follows:
1. Inside city limits.
2. Outside city limits.
r-
a. Residential Service: Residential services
sbalI consist of.U services for domestic pur-
poses, single-family dwellings, homes and
municipal JlUIIlO8eS.
b. ~ Service: Commen:iaI serviceS
sba\I consist of those serviCes where water
is used for commercial services, such as busi-
. nesses and multifamily dwellinp.
c. Standby Fire: Standby fire service sba\I
consist of those services where water is avail-
able or used for fire protection only.
d. Contract Service; Contract services shall
consist of those services for industrial or in-
dependent water district purposes under
contracts authorized by the .:ity council.
M.
E. Special CooIracls: Wbenthe applicant's
requirements for water are Ul1IISlIlII or Imp,
such as an independent \\'lIIer district, or ne-
cessitate considerable'special or reserve
equipment or capacity, the city,by authori-
zation of the city COIIIlCiI, reserves the rigbt
to make special contracts, !be provisions of
which. are diiferent from and bave excep-
l \ tions to the reguI8rIy Published water rates,
rules IIlId regulations. The special contracts
JlI shall.be in wrilin& sigoo:d by the applicant
1 and approved by !be cnyCllUllcil.
1
F. Resale Of Water: Res8Ie ofwater sba\I be
permitted onIyllllder special contract, in
wrilin& between the city, as approved by the
city council, and the persons, parties or cor-
It
qLLL~
'n, deposes
pal Clerk of
lublished at
lat the said
I in the said
)f Meridian,
Iterruptedly
a period of
r to the first
is attached
'ublished in
'pn 60-108,
L time(s)
paper, and
Ind not in a
~ published
l\Iing dates:
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F IDAHO)
)SS
OF ADA)
ar of 2007
appeared
he person
lstrument,
!d that the
to me that
the same.
: for Idaho
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