Ordinance - 1992 - 202 - Rates, Rules & Regulations For Operation Of Water System - 05/26/1992ORDINANCE NO. 202
RATES, RULES AND REGULATIONS FOR THE
OPERATION OF THE WATER SYSTEM OF THE
CITY OF EAGLE, ADA COUNTY, IDAHO
05/21/92
INDEX TO
RATES, RULES AND REGULATIONS FOR THE OPERATION OF
A WATER SYSTEM OF THE
CITY OF EAGLE, IDAHO
Section 1 Rules and Regulations
Section 2 Definitions and General Terms
Section 3 Service Area and Connection Requirement
Section 4 Description of service
Section 5 Application for service
Section 6 Main Extensions
Section 7 Services
Section 8 Meters
Section 9 Water Charges: Review and Revision of Rates
Section 10 Notices
Section 11 Billing and payments
Section 12 Meter Error
Section 13 Discontinuance of service
Section 14 Restoration of service
Section 15 Unusual Demands
Section 16 Access to Property
Section 17 Responsibility for Equipment
Section 18 Fire Hydrants
Section 19 Penalties
Section 20 Suspension of Rules
Section 21 Easement
Section 22 Construction and Design Standards
Section 23 Donation of Water Systems to the City
Section 24 Contribution of Proportionate Off-site
Construction Costs
Section 25 Co-operative Agreements
Section 26 Authority to Issue Rules and Regulations
Section 27 Prior Ordinance
Section 28 Constitutionality, Saving Clause
Section 29 Ordinance Authorization
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Rates, Rules and Regulations for the Operation of
a Water System of the
City of Eagle, Idaho
Section 1
Section 2
Section 3
Section/Subsection Index
Rules and Regulations
(1) Short Title
(2) Scope
Definitions and General Terms
(1) City
(2) Water Department
(3) City Council
(4) Superintendent
(5) Applicant
(6) Customer or User
(7) Single Family Dwelling
(8) Duplex
(9) Multi -Family Dwelling or Apartment House
(10) Trailer House or Mobile Home
(11) Auto Court, Motor court, Travel Trailer
Court, Motel, Hotel, etc.
Service Area and Connection Requirement
(1) Service Area
(2) Connection to water system required
Section 4 Description of service
(1) Supply
(2) Quality
(3) Ownership of system
(4) Classes of service
(a) Residential Service
(b) Commercial Service
(c) Standby Fire
(d) Contract Service
(5) Special contracts
(6) Resale of water
(7) Service preference
Section 5
Application for service
(1) Application form
(2) Deposits and establishment of credit
(a) Deposits
(b) Deposits
(c) Forfeiture of Deposit
(3) Application Amendments
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Section 6
Section 7
Section 8
Section 9
Main Extensions
(1) Within City limits
(2) Outside City limits
(3) Location of Extensions
(4) Ownership of newly constructed mains
Services
(1) Definition
(2) Ownership, installation and maintenance
(3) Service connection charge
(4) Size of service
(5) Changes in service size
(6) Length of service
(7) Joint Service connections
(8) Number of service connections on premises
(9) Standby fire protection service connections
(a) Purpose
(b) Charges for service
(c) Violations of regulations
(10) Fire service connections other than standby
(11) Temporary service connections
(a) Time limit
(b) Charge for water served
(c) Installation charge and deposits
1. To pay in advance
2. Deposit to cover anticipated bills
3. Deposit to cover value of loaned
equipment
(d) Responsibility for meters and
installation
(12) Customer's plumbing
(a) Plumbing code
Meters
(1) Ownership
(2) Installation
(3) Size and type of meter
(4) Location of meters
(5) Joint use of meters
(6) Changes in size or location
Water Charges: Review and Revision of Rates
(1) Setting, Review and Revision of Rates
(2) Outside City Limits
Section 10 Notice
(1) Notice to customers
(2) Notice from customers
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Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Billing and Payments
(1) Meter readings
(2) Rendering of bills
(a) Billing period
(b) Bills for other than normal billing
period
(c) Bills for more than one meter
(3) Disputed bills
(4) Failure to read meters
(5) Payment of bills
(6) Delinquent accounts
(a) Delinquent notice
(b) Late charges
(c) Turn-off notice
(d) Service turn-off
(e) Service charge
(f) Legal collection action
(7) Installment payments of delinquent accounts
Meter Error
(1) Meter accuracy
(2) Meter test
(a) standard test
(b) On customer request
(c) On Water Department request
(3) Adjustment of bill for meter error
Discontinuance of service
(1) On customer request
(2) Nonpayment of bills
(3) Improper customer facilities
(a) Unsafe facilities
(b) Cross connections
(4) Water Waste
(5) Service detrimental to others
(6) Fraud or abuse
(7) Unauthorized turn -on
(8) Noncompliance with regulations
Restoration of Service
Unusual Demands
Access to Property
Responsibility for Equipment
(1) Responsibility for customer equipment
(2) Responsibility for Water Department equipment
(3) Damage to Water Department equipment
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Section 18
Fire Hydrants
(1) Operation
(2) Moving a fire hydrant
Section 19 Penalties
Section 20 Suspension of Rules
Section 21 Easement
Section 22 Construction and Design Standards
Section 23 Donation of Water Systems to the City
(1) Design Standards
(2) Water Systems Must be Dedicated to the City
Section 24 Contribution of Proportionate Off -Site
Construction Costs
(1) Water Construction Equivalency Fee
(2) Determination of Payment
(3) Water Construction Equivalency Fee
Established by Council Resolution
(4) Considerations for Determination of Water
Construction Equivalency Fee
Section 25
Section 26
Section 27
Section 28
Section 29
Co-operative Agreements
(1) Co-operative Agreements
(2) Discretion of Council
(a) Duration
(b) Reimbursement Limitation
(c) Interest
(d) Administrative Fee
(e) Non -assignable
(f) Termination
(g) Binding on Successors
Indemnification
City May Initiate
(3)
(4)
Authority to Issue Rules and Regulations
Prior Ordinance
Constitutionality, Saving Clause
Ordinance Authorization
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ORDINANCE NO. 202
AN ORDINANCE PROVIDING RATES TO BE CHARGED FOR WATER SERVICE BY
THE CITY OF EAGLE, IDAHO; PRESCRIBING THE RULES AND REGULATIONS
FOR THE CONDUCT AND OPERATION OF THE WATER SYSTEM OF SAID CITY
AND CONNECTION THEREWITH; REGULATING AND GOVERNING THE USE OF
WATER FROM SAID SYSTEM; PROVIDING PENALTIES FOR NONPAYMENT OF
WATER SERVICE AND FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR
ADOPTION OF DESIGN STANDARDS; REQUIREMENTS FOR DONATION OF NEWLY
CONSTRUCTED WATER SYSTEM TO THE CITY OF EAGLE; REQUIREMENTS FOR
CONTRIBUTION OF PROPORTIONATE OFF-SITE CONSTRUCTION COSTS; AND
PROVIDING FOR CO-OPERATIVE AGREEMENTS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, ADA
COUNTY, STATE OF IDAHO, AS FOLLOWS:
SECTION 1: That a new chapter of the Eagle City Code be
enacted to read as follows:
Section 1. Rules and Reaulations.
(1) Short title. This Ordinance shall be known as "Rates,
Rules and Regulations for the operation of the Water System of
the City of Eagle, Ada County, Idaho", and may be so cited and
pleaded.
(2) Scope. The Water Department and all customers
receiving services from the Water Department, whether inside or
outside the City limits, are bound by this Ordinance and the
rules and regulations of the Water Department.
Section 2. Definitions of General Terms.
(1) City. Whenever the word "City" is used, it shall mean
the legally constituted municipal government of the City of
Eagle, Ada County, Idaho.
(2) Water Department. Whenever the words "Water
Department" are used, they shall mean an agent or other
representative, appointed or under contract, to conduct
installation, repair and maintenance of the water system for the
City.
(3) City Council. Whenever the words "City Council" or
"Council" are used, they shall mean the legally elected group of
members composing the City Council, including the Mayor, of the
City of Eagle, Idaho.
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(4) Superintendent. Whenever the word "Superintendent" is
used, it shall mean the person appointed by the City Council to
superintend the affairs of the Water Department.
(5) Applicant. Whenever the word "applicant" is used, it
shall mean the person or persons, firm or corporation, making
application for water service from the Water Department under the
terms of this Ordinance and any regulations issued by the Water
Department.
(6) Customer or user. Whenever the words "customer" or
"user" are used, it shall mean the owner or tenant of a
residence, building, or structure who has made application and
who has been accepted under the terms of this Ordinance and
regulations issued by the Water Department and who receives water
service from the Water Department. The term "customer" or "user"
generally will not include tenants as it will generally be the
owner's responsibility to apply for service and to pay for
service.
(7) Single Family Dwelling: A building designed for or
occupied by one family for living or sleeping purposes, and
having kitchen or cooking facilities.
(8) Duplex: A building designed, built, rented, or leased
for occupancy by two (2) families living independently of each
other.
(9) Multi -Family Dwelling or Apartment House: Any building
or portion thereof which is designed, built, rented, leased,
lent, or hired out to be occupied or which is occupied as the
home or residence of three (3) or more families or persons living
independently of each other and doing their own cooking within
the premises, which shall include townhouses or condominiums.
(10) Trailer House or Mobile Home: a detached single-family
dwelling unit used or so constructed as to permit its being
transported upon the public streets or highways and constructed
in such a manner as will permit occupancy thereof as a dwelling
or sleeping place for one or more persons.
(11) Auto Court, Motor Court, Travel Trailer Court, Motel,
Hotel, etc.: The combination of group of two (2) or more dwelling
units occupying a building site or area under one ownership, used
for the purpose of furnishing transient living accommodations.
Section 3. Service Area and Connection Requirement.,
(1) Service Area. The area serviced by the City shall be
only that area within the corporate limits of the City of Eagle,
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which is so designated by the City Council, and such other
contiguous and neighboring territory as the City Council shall,
from time to time, deem necessary to serve.
(2) Connection to water system required. Every parcel of
land or premises within the boundaries of the City of Eagle,
improved by new construction for occupancy and occupied or used
by any person or persons, or as a commercial business, shall be
connected to the City of Eagle water department public water
system so long as the area is within the service area of the City
of Eagle Water System. The owner or person in charge of such
land shall make or cause to be made, such connection within sixty
(60) days after receiving official notice from the City to so
connect. All charges associated with the laying of pipe from the
home or facilities to be served by the City's mains shall be the
responsibility of the user and shall be properly designed and
constructed in conformity with requirements specified by the
City. If a parcel of land is not within 300 feet of a water
main, connection may not be required unless the City elects to
extend the water main to within 300 feet of the Applicant's
property.
Section 4. Description of service.
(1) 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 reasonable 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.
(2) Quality. The Water Department will exercise reasonable
diligence to supply safe and potable water at all times.
(3) Ownership of system. All water mains, valves, meters,
fittings, hydrants, service connections and other appurtenances,
except "customer service lines," as defined in Section 7,
subsection (1) herein, shall be the property of the City.
(4) 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.
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2. Outside City Limits.
(a) Residential Service. Residential services shall
consist of all services for domestic purposes,
single family dwellings, homes and municipal
purposes.
(b) Commercial Service. Commercial services shall
consist of those services where water is used for
commercial services, such as businesses and
multifamily 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.
(5) 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.
(6) 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.
(7) 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.
Water service to users outside of the City limits shall at all
times be subject to the prior and superior rights of the
customers within the City limits.
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Section 5. Application for Service.
(1) Application form. Each applicant for water service
shall sign an application form provided at City Hall giving the
date of application, location of premises to be served, the date
applicant desires services to begin, purpose for which services
is to be used, the address for mailing of the billings, the class
and the size of the meter service and such other information as
the Water Department may reasonable require. In signing the
application, the customer agrees to abide by the rules and
regulations of the Water Department. The application is merely a
written request for service and does not bind the Water
Department to provide service.
(2) Deposits and establishment of credit. At the time
application for service is made, the applicant shall establish
credit with the Water Department at City Hall. Deposits shall be
held for one year from the date of deposit.
(a) Deposit requirements and establishment of credit.
With each and every application for water service to be
supplied through the water system of the City, there
may be a deposit required by the City Clerk, or its
designee, a sum in cash, the amount to be determined by
Resolution of the City Council upon the passage of this
Ordinance and be reviewed at least annually and updated
by Resolution of the Council.
(b) Deposits. At the time the deposit is given to the
City Clerk, or its designee, the applicant will be
given a receipt for the same. The deposit is not to be
considered as a payment on account. In the event the
service is discontinued, the deposit will be applied to
the closing bill and any amount in excess of the
closing bill will be refunded. The City will not pay
interest on any deposits. Deposits shall not be
eligible for refund until after one year of service
indicating a satisfactory payment history.
(c) Forfeiture of Deposit. If an account becomes
delinquent and it is necessary to turn off the service,
the deposit shall be applied to the unpaid balance due.
Water service will not be restored to that premises or
that customer at different premises until all
outstanding bills due the City of Eagle have been paid
and the cash deposit replaced, together with any
service charge provided in Section 11, subsection 6
herein.
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(3) Application Amendments. Customers desiring a material
change in the size, character or extent of equipment or operation
which would result in a material change in the amount of water
used, shall give the City of Eagle written notice of such change
prior to the change and the application for service shall be
amended. Customers desiring a change in the size, location or
number of services shall fill out an amended application.
Section 6. Main Extensions.
(1) Within the City limits. Water main extensions to areas
within the City limits not presently served with water shall be
installed under procedures to be established by the City Council.
Developers who subdivide property for newly partitioned
properties will assume all costs of main extensions with the
approval of the City Council, except in those cases where the
City is interested in entering into a co-operative agreement as
described in Section 25 to this Ordinance.
(2) Outside the City limits. Water mains outside the City
limits shall be extended only at the expense of the customers
serviced, except in those cases where the City is interested in
entering into a co-operative agreement as described in Section 25
to this Ordinance.
(3) Locations of extensions. The City will make water main
extensions only on rights-of-way, easements or publicly owned
property. Easements or permits secured for main extensions shall
be obtained in the name of the City of Eagle, along with all
rights and title to the main at the time the service is provided
to the customers paying for the extension.
(4) The main extensions shall become the property of the
City at the time installed. The City Council shall determine the
size of the main extensions and all extensions shall be of
suitable materials approved by the City Council. Extensions both
inside and outside the City limits shall be installed by the
Water Department or by contractors approved, by the Water
Department. The installation procedures and materials used shall
be in accordance with the City and the State of Idaho standards.
The City shall inspect all main extensions and shall not accept
ownership until the work, materials and installation has been
inspected and approved by the City Engineer. The cost for the
City Engineer to make any such inspection, shall be included in
the costs of the main extension under Section 6 (1). Such
extensions shall be established according to the City's
Construction and Design Standards for Domestic Water Systems.
Section 7. Services.
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(1) Definition. The "service connection" shall be that
part of the water distribution system which connects the meter to
the main and shall normally consist of corporation stop, service
pipe, curb stop and box, meter, meter yoke and meter box. The
"customer service line" shall be that part of the piping on the
customer's property that connects the service to the customer's
distribution system.
(2) Ownership, installation and maintenance. The City
shall own, install and maintain all service connections and
installation and maintenance shall only be performed by
authorized employees of the City or their designated agents. The
customer shall own, install and maintain the customer service
line.
(3) Service connection charge. At the time the applicant
files for service where no service previously existed, or if he
is filing for a change in service size or location, he shall
submit with his application the service connection charge. This
charge is to cover, but not be limited to, the actual cost to the
Water Department to install the service connection from the main,
to and including the meter and meter housing customer service
line. The service connection charge shall be established by the
council by Resolution upon the passage of this Ordinance and may
be reviewed and updated by Resolution of the Council as the City
Council so desires.
(4) Size of service. The Water Department will furnish and
install a service of such size at such locations as the applicant
requests, provided such requests are reasonable and that the size
requested is one that is consistent with the rules and
regulations of the City. The minimum size of service shall be
determined by the Water Department. The Water Department may
refuse to install a service line which is undersized or oversized
as determined by the rules and regulations of the City.
(5) Changes in service size. Permanent changes in the size
of the service line requested by the customer shall be paid by
the customer on the basis of the fee established by the Council
by Resolution upon passage of this Ordinance and may be reviewed
and updated by Resolution of the Council as the City Council so
desires.
(6) Length of service. Where the main is in a public
right-of-way, the service connection will be placed at the right-
of-way line nearest the property to be served, for the standard
connection fee, by the City, provided the length of service line
does not exceed the width of the right-of-way.
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Where the main is on a easement or publicly owned property
other than designated rights-of-way, the service connection shall
be installed at the boundary of the easement or public property
nearest the property to be served, for the standard connection
fee, by the City, provided the length of service does not exceed
thirty feet (30).
If, in either case cited above, the length of service line
to the meter location exceeds the maximum stated, the applicant
shall pay the extra cost of the line on the basis of actual cost
to the Water Department for labor, materials and equipment,
including any costs for repair of streets and sidewalks, plus 10
percent.
(7) Joint Service Connections. The City may, at its
option, serve two or more premises with one service connection.
On new service connections, the inside diameter of such joint
lines shall be sufficient to provide a carrying capacity of not
less than the combined capacity of the individual service lines
of the same size.
Service extensions from an existing service to other
occupancies or ownerships than that for which the existing
service was intended shall not be permitted nor shall separate
residences be permitted to receive service through one service
connection except under special considerations approved by the
City Council.
(8) Number of service connections on premises. The owner
of a single parcel of property may apply for and receive as many
services as he and his tenants may require, provided his
application or applications meet the requirements of the
policies, rules, and regulations. However, the owner shall be
required to pay for all services.
(9)
Standby fire protection service connections.
(a) Purpose. Standby fire protection connections of
two inch size and larger will be installed only if
adequate provisions are made to prevent the use of
water from such services for purposes other than fire
extinguishing. Sealed fire sprinkler systems with
water -operated alarms shall be considered as having
such provisions. The Superintendent may require that a
suitable detector check meter be installed in the
standby fire protection service connections, to which
hose lines or hydrants are connected. All piping on
the customer's premises shall be installed in
accordance with the plumbing code of the State of
Idaho.
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(b) Charges for service. Charges for standby fire
protection service shall be determined by Resolution by
City Council. No charge will be made for water used in
the standby fire protection service to extinguish
accidental fires or for routine testing of the fire
protection system. The customers shall pay the full
cost of the standby protection service connection, any
required detector check meters, and any required
special water meters installed for the service to the
standby connection.
(c) Violations of regulations. If water is used from
a standby fire protection connection service in
violation of this Ordinance, an estimate of the amount
used will be computed by the Water Department. The
customer shall pay for the water used at the regular
rates, including the minimum charge based on the size
of the service connection and subsequent bills rendered
on the basis of the regular water rates.
(10) Fire service connections other than standby. A
service having fire protection facilities on the premises and
water for other purposes flowing through the same service
connection shall be considered as an ordinary service and metered
as such. All water used through that service, regardless of its
use, will be charged at the regular rates.
(11) Temporary service connections. For water service
of a temporary nature, applicants shall be required to pay in
advance the estimated cost of installation and removal of
metering equipment and materials, plus a reasonable depreciation
charge for the use of equipment and material furnished by the
City. At the option of the Water Department, the applicant shall
also pay his water bill in advance and based on an estimate of
the quantity to be used or he shall otherwise establish
satisfactory credit.
(a) Time Limit. Temporary service connections
shall be disconnected and terminated within six
months after installation unless an extension of
time is granted in writing by the City.
(b) Charge for water served. Charges for water
furnished through a temporary service connection
shall be at the established rates set forth in the
current water rate schedule.
(c) Installation charge and deposits. The
applicant for temporary service may, at the option
of the City, be required:
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1. To pay the City in advance, the estimated cost of
installing and removing all facilities necessary to
furnish each service.
2. To deposit an amount sufficient to cover bills for
water during the entire period such temporary service
may be used, or to otherwise establish credit approved
by the City.
3. To deposit with the City an amount equal to the
value of any equipment loaned by the City to such
applicant under the terms of Section 7, Subsection 11
(d) hereinafter.
(d) Responsibility for meters and installation. The
customer shall use all possible care to prevent damage to
the meter or to any other loaned facilities of the City. If
the meter or other facilities are damaged, the temporary
customer shall be responsible for the cost of making
repairs, including but not limited to, a charge against the
deposit fund. If the loaned materials are returned in
satisfactory condition and all bills paid, the full amount
of the equipment deposit will be returned to the temporary
customer at the termination of service.
(12) Customer's plumbing.
(a) Plumbing code. The customer's plumbing, which shall
include the customer's service line and all plumbing,
piping, fixtures and other appurtenances carrying or
intended to carry water, sewer or drainage, shall comply
with the plumbing code of the State of Idaho.
It shall be a violation of these rules and regulations for
the customer to operate, cause or permit unauthorized
operation of the meter stop or any appurtenances on the
service connection.
Section 8. Meters.
(1) Ownership. The City will own and maintain all water
meters. The City will not pay rent to any user or customer or
any other charge for a meter or other water facilities, including
housing and connections on a customer's premises.
(2) Installation. Installation of water meters shall be
performed only by authorized employees or agents of the City.
All meters shall be sealed by the Water Department at the time of
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installation, and no seal shall be altered or broken except by
one of its authorized employees or agents.
(3) The size and type of meter. Applicant may request and
receive any size meter regularly stocked or furnished by the
Water Department, provided the request is reasonable and further
provided that the meter is not greatly oversized or undersized,
as determined by the Water Superintendent. The Water Department
reserves the right to determine the type of meter to be
installed.
(4) Location of meters. Meters shall normally be placed
approximately two feet from the property lines on the customer's
property, but within the designated easement; the meter will be
installed wherever the applicant desires within reason, but the
location must be approved by the Water Department. The meters
will not be located driveways or other location where damage to
the meter or its related parts may occur.
(5) Joint use of meters. The joining of several customers
to take advantage of the single minimum charges and large
quantity rates shall be prohibited, except under special
contract, in writing, with the City Council.
(6) Changes in size or location. If for any reason a
change the size of a meter and service is required, the
installation will be accomplished on the basis of a new
connection, and the customer's application shall be amended.
Meters or services moved for the convenience of the customer will
be relocated only at the customer's expense.
Section 9. Water Charges: Review and Revision of Rates.
(1) Setting, Review and Revision of Rates. The water user
charges shall be established by Resolution by the Council upon
the passage of this Ordinance. Water user charges shall be
reviewed at least annually but may be reviewed and adjusted as
frequently as the Council so desires, by Resolution of the
Council, to reflect actual costs of operation, maintenance,
replacement, and financing the water system and its facilities.
Any revisions of the user charges shall be based on actual
operation, expansion, maintenance, replacement, and financing
expenses and the total water usage.
(2) Outside City Limits. Water Charges for the use of the
water system outside of the City shall be established according
to the class of the individual user by Resolution of the Council
and may be changed from time to time by Resolution of the
Council.
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Section 10. Notices.
(1) Notices to customers. Notices from either the City of
Eagle or the Water Department to the customer will normally be
given in writing and either mailed or delivered to him at his
last known address. Where conditions warrant and in emergencies,
the Water Department may notify the customer either by telephone
or messenger.
(2) Notices from customer. Notices from the customer to
the Water Department may be given by the customer or his
authorized representative orally or in writing at City Hall or to
the Water Department.
Section 11. Billina and Payments.
(1) Meter readings. Meters will be read and customers
billed on the basis of the meter reading to the nearest cubic
foot.
The Water Department will keep an accurate account on its
books of all readings of meters and such account, so kept, shall
be prima facie evidence of the use of water service by the
customer.
(2)
Rendering of bills.
(a) Billing period. All meters shall be read or
estimated according to Section 11, subsection (4)
herein, and shall be billed monthly.
(b) Bills for other than normal billing period.
Opening or closing bills, or bills that for any other
reason cover a period containing 10 percent more days
or 10 percent less days than in the normal billing
period shall be prorated.
(c) Bills for more than one meter. All meters
supplying a customer's premises shall be billed
separately, except where the Water Department has for
operating purposes installed two or more meters in
place of one, the charge may be combined for billing
purposes.
(3) Disputed bills. When a customer disputes the
correctness of a bill, he shall deposit with the City the amount
of the disputed bill at the time the complaint is lodged, to
preclude discontinuance of service pending final settlement of
the bill or bills. Subsequent bills shall be paid or placed on
deposit in a similar manner. Failure of the customer to make
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such a deposit may, at the City's option, warrant late charges,
discontinuance of service or legal action, as provided under
Subsection (6) of this Section.
(4) Failure to read meters. In the event that it shall be
impossible or impractical to read a meter on the regular reading
date or that the Water Department, for whatever reason, fails to
read a meter, the water consumption shall be prorated on the
basis of thirty (30) days per month and the total water
consumption for billing purposes for that period shall be
estimated.
(5) Payment of bills. Each bill rendered shall contain the
final date on which payment is due. If the bill is not paid by
that date, the account shall be considered delinquent, unless
other arrangements have been made with the City, in writing, that
specify another due date.
(6) Delinquent accounts.
(a) Delinquent notice. A reminder of account
delinquency may be sent, at the discretion of the City
Clerk, to each delinquent account on or about fifteen
(15) days after the account becomes delinquent.
(b) Late Charges. Thirty (30) days after an account
becomes delinquent, late charges shall be assessed.
Delinquent account late charge shall be established by
the Council by Resolution upon the passage of this
Ordinance and may be reviewed and updated by Resolution
of the Council as the Council so desires.
(c) Turn-off notice. On or about sixty (60) days
after an account becomes delinquent, a turn-off notice
may be sent to the customer. Said notice shall state a
date on which water will be turned off if the
delinquent account is not paid in full prior thereto.
Prior to shutting off a user's water, the user shall be
permitted to have a hearing in front of the City -Clerk.
(d) Service turn-off. A Water Department employee or
other agent of the City shall deliver a written notice
to the customer stating that the water service is being
turned off until all delinquent amounts have been paid
("Final Notice"). The Water Department, no sooner than
twenty-four (24) hours after delivery of the Final
Notice, excluding weekends and holidays, between the
hours of 8:00 a.m. and 3:00 p.m., shall discontinue
water service to the user. Delivery of notice to the
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premises served by the Water Department shall be
considered as delivery of notice to the customer.
(e) Service charge. In all instances where water has
been turned off because of delinquent accounts, a
service charge shall be made for the restoration of
services and replacement of cash deposit as stated in
Section 5, subsection (2) herein, will be required.
The service charge for restoration of delinquent
accounts shall be established by the Council by
resolution upon the passage of this Ordinance and may
be reviewed and updated by Resolution of the Council at
the Council's desire.
(f) Legal Collection Action. On or about sixty (60)
days after an account becomes delinquent, the Water
Department may initiate an action in the small claims
court of Ada County or state district court to collect
any amounts past due.
(7) Installment payment of delinquent accounts. In cases
of extreme hardship, the City Clerk shall have the discretion of
renewing service to a delinquent account upon receipt of a
satisfactory installment plan for the payment of the overdue
amount, the installment period not to exceed the period of time
the account was delinquent.
Section 12. Meter Error.
(1) Meter accuracy. All meters will be tested prior to
installation. No meter will be placed in service or allowed to
remain in service which is known to have an error in registration
in excess of 2 percent under conditions of normal operation.
(2) Meter test.
(a) Standard test. Meter tests will be conducted in
accordance with standards of practice established by
the American Water Works Association or some other test
method recommended by the meter manufacturer.
(b) On customer request. A customer may, by giving
not less than seven days' notice, request the
Superintendent to test the meter servicing the
customer's premises. The City will require the
customer to pay to the City a testing fee. This fee
shall be based upon the cost of testing the meter as
determined by the City Council. The fee deposit will
be returned to the customer if the test reveals the
meter to over measure the water flow by more than 2
851674\watersys\waterrat.ORD
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(3)
percent under standard test conditions, otherwise, the
fee shall be retained by the City. Customers may, at
their option, witness any meter tests which they
request, although the time and date of the test shall
be determined solely by the Water Department.
(c) On Water Department request. If, upon comparison
of past water usage, it appears that a meter is not
registering properly, the Water Department may, at its
option, test and adjust the charges accordingly if the
meter either over measures or under measures the water
flow. No charge for meter testing will be made to the
customer for the meter test under these conditions.
Adjustments of bill for meter error.
(a) Neither the City nor the customer will be liable
to the other for any over or under payment of water
usage due to a meter which shows readings either above
or below the accuracy standard defined in Section 12,
subsection (1). This subsection will not apply as to
non -registering meters.
(b) Non -registering meters. The Water Department will
bill the customer for water consumed while the meter
was not registering. The bill will be computed upon an
estimate of consumption based either upon the
customer's prior use during the same season of the
year, or upon a reasonable comparison with the use of
other customers receiving the same class of service
during the same season and under similar circumstances
and conditions.
Section 13. Discontinuance of Service.
(1) On customer request. Each customer about to vacate any
premises supplied with water service by the Water Department
shall give the Water Department written notice of its intentions
at least two business days prior thereto, specifying the date
service is to be discontinued; otherwise, he will be responsible
for all water supplied to such premises until the Water
Department shall receive notice of such removal.
At the time specified by the customer that he expects to
vacate the premises where service is supplied or that he desire
to be discontinued, the meter will be read and a bill rendered
which is payable immediately. In no case will the bill be less
than the monthly minimum specified in the schedule applying to
the class or classes of service furnished.
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(2) Nonpayment of bills. A customer's water service may be
discontinued if the water bill is not paid in accordance with the
procedures listed in Section 11, subsection (6) of these rules
and regulations.
(3)
Improper customer -facilities.
(a) Unsafe facilities. The Water Department may
refuse to furnish water and may discontinue services to
any premises without prior notice where plumbing
facilities, appliances or equipment using water are
dangerous, unsafe or not in conformity with the
plumbing code of the State of Idaho.
(b) Cross connections. A cross connection is defined
as any physical connection between the Water
Department's system and another water supply. The
Idaho State Health Division and the U.S. Environmental
Protection Agency prohibit cross connections.
The Water Department agent will not permit any
cross connection and will discontinue service to any
persons or premises where a cross connection exists.
Service will not be restored until the cross connection
is eliminated. Customers using water from one or more
sources in addition to receiving water from the Water
Department on the same premises shall maintain separate
systems for each; and the City's water supply
facilities shall be separated from any and all other
systems by an air gap of not less than one foot, or if
in the ground, by not less than five feet.
(4) Water Waste. Where water is wastefully or negligently
used on a customer's premises, seriously affecting the general
service, the Water Department may discontinue service if such
conditions are not corrected after notice by the Water
Department.
(5) Service detrimental to others. The City may refuse to
furnish water and may discontinue service to any premises where
excessive demands by one customer will result in inadequate
service to others.
(6) Fraud or abuse. The City and or the Water Department
will refuse or discontinue service to any premises where it is
deemed necessary to protect the City from fraud or abuse.
Discontinuance of service from one or both of these causes will
be made immediately upon receipt of knowledge by the Water
Department that the condition or conditions exist.
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(7) Unauthorized turn -on. Where water service has been
discontinued for any reason and the water is turned on by the
customer or other unauthorized person, the water may then be shut
off at the main or the meter removed. The charges for shutting
off the water at the main or removing the meter shall be
established by the Council by Resolution after passage of this
Ordinance and may be reviewed and updated by Resolution of the
Council as the Council so desires. These charges shall be billed
to the offending customer and water shall not be furnished to the
premises or customer until such charges are paid and the City has
reasonable assurance that the violation will not reoccur.
(8) Noncompliance with regulations. The City may, upon
five days' notice, discontinue service to a customer's premises
for failure to comply with any of the provisions of this
Ordinance or City rules and regulations.
Section 14. Restoration of Service.
Restoration of service after discontinuance for nonpayment
of bills shall be made after payment of current and past due
charges plus a restoration of service charge and posting a
deposit as provided in Section 11, Subsection (6)(e) and Section
5, Subsection (2) herein.
Restoration of service after discontinuance of service for
unsafe facilities, water waste, fraud, abuse, unauthorized turn -
on or for noncompliance with this Ordinance or any of the
policies, rules and regulations of the City will only be made
after the irregularity has been corrected and the City has been
assured that the irregularity will not reoccur. In addition, a
rule violation restoration charge shall be required in addition
to any other charges due or past due that the City may have
incurred to correct the irregularity.
Section 15. Unusual Demands.
When an abnormally large quantity of water is desired for
filling a pond, or for other purposes, arrangements must be made
with the City prior to taking such water.
Permission to take water in unusual quantities will be given
only if the City facilities and other consumers are not
inconvenienced.
Section 16. Access to Property.
All duly appointed employees of the Water Department, under
the direction of the Water Superintendent, shall have free
access, after reasonable notice to the customer is given, at all
851674\watersys\waterrat.ORD
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22
reasonable hours of the day to any and all parts of structures
and premises in which water is or may be delivered for the
purposes of inspecting connections, the conditions of conduits
and fixtures, and the manner and extent in which the water is or
may be delivered for the purposes of inspecting connections, the
conditions of conduits and fixtures, and the manner and extent in
which the water is being used. The Water Department or City does
not, however, assume the duty of inspecting the customer's line,
plumbing and equipment, and shall not be responsible therefor.
Section 17. Responsibility for Eauipment.
(1) Responsibility for customer equipment. The City shall
not be liable for any loss or damage of any nature whatsoever
caused by any defect in the customer's line, plumbing or
equipment, nor shall the City be liable for loss or damage due to
interruption of service or temporary changes in pressure. The
customer shall be responsible for valves on his premises being
turned off when the water service is turned on.
(2) Responsibility for Water Department equipment. Water
Department equipment on the customer's premises remains the
property of the City and may be repaired, replaced or removed by
the Water Department employees at any time without consent of the
customer and the City and Water Department shall not be liable
for any damage resulting therefrom. No payment will be made to
the property owner for the right to install, maintain, replace or
remove City equipment on his premises. The property owner must
keep vicious dogs or other animals secured or confined to avoid
interference with the Water Department operations and
maintenance.
(3) Damage to City equipment. The customer shall be liable
for any damage to equipment owned by the City which is caused by
an act or negligence of the customer, its tenants, agents,
employees contractors, licensees or permittees. Damage to
equipment shall include, but not be limited to, breaking of seals
and locks, tampering with meters, injury to meters, including but
not limited to, damages by hot water, steam, and damaged meter
boxes, curb stops, meter stops and other appurtenances.
Section 18. Fire Hydrants.
(1) Operation. No person or persons, other than those
designated and authorized by the Water Department shall open any
fire hydrant belonging to the City, attempt to draw water from it
or in any manner damage or tamper with it. Any violation of this
regulation will be prosecuted under applicable state and federal
law. No tool other than special hydrant wrenches shall be used
to operate a hydrant valve. In cases where a temporary service
851674\watersys\waterrat.ORD
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23
has been granted and the temporary service received water through
a fire hydrant, an auxiliary external valve will be provided to
control the flow of water.
(2) Moving a fire hydrant. If a property owner or other
party desires to change the size, type, or location of the
hydrant, the property owner shall bear all costs of such changes.
Any changes in the location of a fire hydrant must be approved by
the City, which shall obtain consent from the local firefighting
authorities.
Section 19. Penalties.
Any person violating any of the provision of these rules and
regulations, shall, upon conviction thereof, be punished by a
fine not exceeding $300 or by imprisonment for a period not
exceeding six months, or by both such fine and imprisonment.
Section 20. Suspension of Rules.
No employee of the Water Department is authorized to suspend
or alter any of the policies, rules and regulations cited herein
without specific approval or direction of the City Council,
except in cases of emergency involving loss of life or property
or which would place the water system operation in jeopardy.
Section 21. Easement.
Each applicant and user gives and grants to the City of
Eagle an easement and right-of-way on and across his property for
the installation of water mains and the necessary valves and
equipment in connection therewith.
Section 22. Construction and Design Standards.
The standards for construction and design pertaining to this
Ordinance shall be established by the Council by resolution upon
passage of this Ordinance and shall be reviewed annually and
updated by resolution of the Council.
Section 23. Donation of Water Systems to the City.
(1) Design Standards. All newly constructed water systems
shall be designed according to the City of Eagle Construction and
Design Standards as it pertains to water systems.
(2) Water Systems Shall be Dedicated to the City. All
newly constructed domestic drinking water systems, constructed
after the enactment of this Ordinance within the water service
area, must be dedicated to the City, at the City's option, after
851674\watersys\waterrat.ORD
05/21/92; 5:02pm
24
the City inspects such system for compliance with the
Construction and Design Standards. Included in the public
dedication of the water system, the water system owner must also
provide a reasonable right-of-way and easement to allow for
maintenance and service of the water system.
Section 24. Contribution of Proportionate Off-site
Construction Costs.
(1) Water Construction Equivalency Fee. Notwithstanding
any of the provisions of this Ordinance, any person or property
owner who has not otherwise paid for, or contributed
proportionately toward the costs and expenses of constructing a
water line, drilling necessary wells, development of storage
facilities or reservoirs, or construction of distribution lines
whether that construction has been performed by the City, a local
improvement district or a private entity, or combination thereof,
and who subsequently desires to connect to the City water system,
shall be required to pay, in addition to the required service
connection charges and the monthly user charges, an additional
connection charge which shall be known and referred to as the
"Water Construction Equivalency Fee".
(2) Determination of Payment. In determining who has or
has not paid, or contributed proportionately, toward the costs
and expenses of constructing a water line, the sole factor shall
be whether that user, or a predecessor in title of the user's
property, has in fact, paid consideration to the City in cash,
services, or in kind, for the construction of the water main or
trunk line to which the user now desires to connect, which
consideration is commensurate with what the user, or his
predecessor in title, would have paid under this Section had the
user not paid or contributed previously to the cost of
construction of the water line.
(3) Water Construction Equivalency Fee Established by
Council Resolution. The water construction equivalency fee for
each parcel of ground served by the new water line shall be
established and set by the Council by resolution upon passage of
this Ordinance and shall be reviewed annually and updated by
resolution of the Council, which shall consider the use to which
the property will be put, the expected water demand, and the
amount of delivery capacity of the line that will be used by the
proposed use.
(4) Considerations for Determination of Water Construction
Equivalency Fee. The Council shall also take into consideration
the amount of land that might be able to be serviced by the water
line whether the land to be benefitted is directly adjacent to
the line or not and shall also take into consideration the cost
851674\watersys\waterrat.ORD
05/21/92; 5:02po
25
of the engineering and construction of the line, in current
dollars and shall consider the interest that could have been
earned on the money used to pay for the original water line. The
water construction equivalency fee may be different for
residential, commercial, and industrial uses and may be different
for different uses within those classifications depending upon
the considerations referenced above and may also vary as to
whether the property to be served is within or outside the City
limits.
Section 25. Co-operative Aareements.
(1) Co-operative Agreements. Should a customer or
developer, at its own expense, construct an extension to the
water system in a public right of way or easement according to
the City's Construction and Design Standards, with prior approval
of the City, and which water line extension has been determined
by the City to be able to benefit properties other than the
customer's or developer's, the customer or developer constructing
the extension may request that the City enter into an agreement
with the customer or developer such that all or a portion of the
costs of extending the water line will be reimbursed to that
water developer from the service connection charges collected
from those property owners who will benefit from the water line
extension and who otherwise have not paid or contributed their
proportionate share to the construction costs of that water line
and who are required to pay the water construction equivalency
fee. The City may require the customer or developer to construct
an oversized line, where it is determined that a larger water
line is necessary to serve other areas in the future.
(2) Discretion of Council. The City shall not be required
to enter into any such agreement and the decision as whether or
not to enter into any such agreement shall be at the sole
discretion of the City Council.
(a) Duration. No reimbursement agreement shall have a
duration greater than ten (10) years unless the City is
a beneficiary of the agreement.
(b) Reimbursement Limitation. No reimbursement
agreement shall pay to the water user, paying for or
constructing a water line extension, more than one
hundred percent (100%) of their actual engineering and
construction costs, it being noted that in most cases
at least some of the cost would ordinarily be assessed
to the water user's own property.
(c) Interest. A reimbursement agreement may provide
for interest to be paid to the customer or developer.
851674\watersys\waterrat.ORD
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26
(d) Administrative Fee. The City shall charge a ten
percent (10%) administrative fee for handling the
accounting, auditing, and payment of the reimbursement
payments made to the developer or customer so extending
the water line under the reimbursement agreement with
the City.
(e) Non -assignable. The reimbursement agreement shall
be personal to the user entering into it and shall not
be assigned without the written consent of the City,
which consent will not be unreasonably withheld.
(f) Termination. The agreement will terminate when
the user has been fully reimbursed.
(g) Binding on Successors. The agreement shall be
binding on the water user and its assigns, successors,
heirs, and executors and may be recorded as an
encumbrance against the property of the water user.
(3) Indemnification. The water user shall be required to
indemnify and hold the City harmless from any and all liability
whatsoever until the water line has been accepted for maintenance
by the City; said lines, after acceptance, shall become part of
the City water system and become the sole property of the City.
(4) City May Initiate. Where the City constructs a water
line extension, in conjunction with another person or entity, the
City may enter into a reimbursement agreement as authorized above
such that the City is reimbursed for its costs of construction,
engineering, legal costs and interest.
Section 26. Authority to Issue Rules and Regulations.
The City is authorized and empowered to issue rules and
regulations necessary for operation of the water system
consistent with the terms of this Ordinance.
Section 27. Prior Ordinances.
The provisions of any prior ordinances of the City of Eagle
that may be in conflict with any of the rules, regulations, or
provisions herein contained are hereby repealed and superseded.
Section 28. Constitutionality, Saving Clause.
If any clause sentence, paragraph, Section or portion of
this Ordinance for any reason shall be judged invalid by a court
of competent jurisdiction, such judgment shall not affect,
impair, or invalidate the remainder of this Ordinance, but shall
851674\watersys\waterrat.ORD
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27
be confined in its operation to the clause, sentence, paragraph,
Section or portion of this Ordinance directly involved in the
controversy in which the judgement is rendered.
Section 29. Ordinance Authorization
It is hereby adjudged and decreed that this Ordinance is
necessary for the preservation of the public peace, health, and
safety of the City of Eagle.
SECTION 2: That this Ordinance, or a summary thereof, in
compliance with Section 50-901A, Idaho Code, shall be published
once in the official newspaper of the City, and shall take effect
immediately upon its passage approval and publication.
DATED this day of
CITY OF EAGLE
, 199
851674\watersys\waterrat.ORD
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* * * * * * * *
CERTIFICATION OF ATTORNEY
I, the undersigned Attorney at Law, City Attorney to the City
of Eagle, Idaho, hereby certify that I have read the attached
summary of Ordinance No. 202 of the City of Eagle and that the same
is true and complete and provides adequate notice to the public of
the contents of said Ordin nce.
l,1
DATED as of the
\851674\uatersys\reso1202.sum
June 9, 1992
day of June, 1992.
„7,2-:7,/dee-,,.
Attor -y at Law
(//
5
RESOLUTION /0 -g2
. -
A RESOLUTION OF THE CITY OF EAGLE, IDAHO, APPROVING PURSUANT
TO SECTION 50-901A, IDAHO CODE, A SUMMARY OF ORDINANCE NO. 202
FOR PUBLICATION
WHEREAS, the City of Eagle, Ada County, Idaho (the "City") , on
May 26, 1992, adopted Ordinance No. 202, prescribing the rules and
regulations for the conduct and operation of the City's domestic
water system; and
WHEREAS, the City is authorized, by Section 50-901A, Idaho
Code, to publish, in lieu of the entire Ordinance, a summary
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: That the summary of Ordinance No. 202, adopted
by the Eagle City Council on May 26, 1992, a copy of which summary
is annexed hereto as Exhibit A, be, and the same is hereby
approved.
Section 2: This Resolution shall take effect and be in
force from and after its passage and approval.
DATED this j_ day of June, 1992.
City of Eagle
Ada County, Idaho
Attest:
(SEAL)
City Clerk
F:\851674\watersys\Resolut.6
06/09/92; 1:25pm
si
By
Mayor
SUMMARY OF
ORDINANCE NO. 202
AN ORDINANCE PROVIDING RATES TO BE CHARGED FOR WATER SERVICE BY THE
CITY OF EAGLE, IDAHO; PRESCRIBING THE RULES AND REGULATIONS FOR THE
CONDUCT AND OPERATION OF THE WATER SYSTEM OF SAID CITY AND
CONNECTION THEREWITH; REGULATING AND GOVERNING THE USE OF WATER
FROM SAID SYSTEM; PROVIDING PENALTIES FOR NONPAYMENT OF WATER
SERVICE AND FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR ADOPTION
OF DESIGN STANDARDS; REQUIREMENTS FOR DONATION OF NEWLY CONSTRUCTED
WATER SYSTEM TO THE CITY OF EAGLE; REQUIREMENTS FOR CONTRIBUTION OF
PROPORTIONATE OFF-SITE CONSTRUCTION COSTS; AND PROVIDING FOR CO-
OPERATIVE AGREEMENTS.
A summary of the principle provisions of Ordinance No. 202 of
the City of Eagle, of Ada County, Idaho, adopted on May 26, 1992,
is as follows:
Section 1:
Describes the short title of the Ordinance and
the scope of its application to customers of
the water system.
Section 2: Defines the terms and phrases used in said
Ordinance.
Section 3: Delineates the service area for the domestic
water system and establishes the requirement
that all users within the service area must
connect with the City of Eagle Water
Department public water system.
Section 4:
Section 5:
Describes the nature of the service that the
Water Department will provide, including the
supply of water, the quality of water,
ownership of the system, the classes of
service, special contracts, the resale of
water and service preferences.
Provides for an application as a prerequisite
to obtaining water service and the procedure
and requirements pertaining to the
establishment of credit with the City and for
the taking of security deposits.
Section 6: Provides the procedures for extension of water
mains.
Section 7: Describes ownership of the water system as
belonging to the City; provides that the City
is entitled to charge a service connection
\851674\watersys\resol202.sum
June 9, 1992
1
fee; sets restrictions and conditions on the
size of service provided to a water user;
describes the procedure for user requested
changes in service size; describes the
location of the service connection; the
availability of joint service connections; the
number of service connections allowed; standby
fire protection service connections; temporary
service connections; and requires that the
customer's plumbing shall comply with the
plumbing code of the State of Idaho.
Section 8: Pertains to the ownership, installation,
location, and size of meters to be used within
the water system.
Section 9: Provides that the water use charges shall be
established by Resolution of the City Council
at least annually but as frequently as the
Council so desires and that the City Council
may charge different rates to users within the
City limits and those outside the City limits.
Section 10: Describes the method of giving and receiving
notice from the customers.
Section 11: Provides for the method of billing for water
usage; provides for estimated billings and a
process for disputing billings. In addition,
Section 11 details the City's procedure for
dealing with delinquent accounts by providing
delinquency notice, imposition of late
charges, discontinuance of service after
notice, and legal collection actions.
Section 12: Allows for a method to check and test meter
accuracy.
Section 13: Describes the process and provides for
discontinuance of water service based upon
customer request, nonpayment of bills,
improper customer facilities, water waste,
where service is excessive resulting in
inadequate service to others and fraud or
abuse.
Section 14: Describes the method of restoration of service
after service has been discontinued.
Section 15: Requires approval from City prior to the use
of abnormally large quantities of water.
\857674\watersys\reso1202.sum
June 9, 1992 2
Section 16: Provides that the Water Department, after
reasonable notice, may inspect the premises
where water is delivered.
Section 17: Defines and describes the responsibility for
loss or damage to customer equipment and City -
owned equipment. Section 17 further provides
that Water Department equipment on the
customer's property belongs to the City and
may be removed, repaired or replaced without
the customer's consent.
Section 18: Provides for restrictions and guidelines
concerning fire hydrants.
Section 19: Limits the maximum penalty for violation of
the Ordinance.
Section 20: Declares that no employee of the Water
Department is authorized to alter the rules
and regulations contained in the Ordinance
without City Council approval.
Section 21: Provides that each user grants an easement to
the City for installation and maintenance of
the water system.
Section 22: Provides that the Council will adopt, by
Resolution, Construction and Design Standards
and they shall be updated annually.
Section 23: Requires that all newly constructed water
systems within the service area shall be
constructed according to the City of Eagle
Construction and Design Standards and that the
water system, at the City's option, shall be
dedicated to the City.
Section 24: Allows the City to charge a "water
construction equivalency fee" when established
by City Council Resolution.
Section 25: Allows the City to enter into cooperative
agreements with those who, at their own
expense, construct improvements to the water
system.
Section 26: Empowers the City to promulgate rules and
regulations consistent with this Ordinance.
\851674\watersys\resol202.sum
June 9, 1992 3
Section 27: Any conflict provisions in any existing
Ordinances are repealed to the extent of any
conflict.
Section 28:
Section 29:
Provides that if any portion of this Ordinance
is determined to be unconstitutional, the
remainder of the Ordinance shall remain in
effect.
Declares that this Ordinance is necessary for
the preservation of public peace, health and
safety.
The Ordinance further provides for the publication of the
Ordinance or a summary thereof and the effective date of the
Ordinance.
The full text of Ordinance No. 202 is available at City Hall
and will be provided to any citizen upon personal request during
normal office hours.
DATED this C/ day of June, 1992.
ATTEST:
bara Mont osier`
City Clerk
..1
\857674\watersys\reso1202.sum
June 9, 1992
c9.ece2o900`
�
'Cl172
el
CITY OF EAGLE
Ada County, Idaho
Steve Guerber, Mayor
4
ROOF OF PUBLICATItiwd
County of Ada
State of Idaho
Helen Alidjani, being first duly sworn, on oath says that
she is the principal clerk of THE VALLEY NEWS, a
newspaper of general circulation, published weekly at
Meridian, County of Ada, State of Idaho;
That the annexed notice was published in said newspaper
once each and every week for i consecutive weeks,
First publication being on the / ' " day of
kcJi ,19 9 2 , and the last publication
being on the day of ,19
That the said newspaper has been published continuously
and uninterruptedly in said county during a period of more
than seventy-eight consecutive weeks prior to the first
publication of the attached notice.
(-LeA/4_
ilb moi'
7 Principal Clerk
ribed and swom before me this
1
2_
day of
,1992..
Residence:
My commission expires:
nA
tary Public
r
16-1 -97
(SEAL)
SUMMARY OF ORDINANCE
NO. 202
AN ORDINANCE PROVIDING
RATES TO BE CHARGED FOR
WATER SERVICE BY THE CITY
OF EAGLE, IDAHO; PRE-
SCRIBING THE RULES AND
REGULATIONS FOR THE
CONDUCT AND OPERATIO N OF
THE WATER SYSTEM OF SAID
CITY AND CONNECTION
THEREWITH; REGULATING
AND GOVERNING THE USE OF
WATER FROM SAID SYSTEM;
PROVIDING PENALTIES FOR
NONPAYMENT OF WATER
SERVICEAND FOR VIOLATION
OF THIS ORDINANCE;
PROVIDING FOR ADOPTION OF
DESIGN STANDARDS;
REQUIREMENTS FOR DO-
NATION OF NEWLY CON-
STRUCTED WATER SYSTEM TO
THE CITY OF EAGLE;
REQUIREMENTS FOR CON-
TRIBUTION OF PROPOR-
TIONATE OFF-SITECON-
STRUCTION COSTS; AND
PROVIDING FOR COOPER-
ATIVE AGREEMENTS.
A summary of the principle
provisions of Ordinance No. 202 of
the City of Eagle, of Ada County,
Idaho, adopted on May 26, 1992, is
as follows:
Section 1: Describes the short
title of the Ordinance and the scope
of its application to customers of the
water system.
Section 2: Defines the terms
and phrases used in said Ordinance.
Section 3: Delineates the service
area for the domestic water system
and establishes the requirement that
all users within the service area must
connect with the City of Eagle Water
Department public water system.
Section 4. Describes the na
of the service that the Water
Department will provide, including
the supply of water the quality of
water, ownership of the system, the
0)
7q)L'`
notice, imposition of late charges,
discontinuance of service after notice,
and legal collection actions.
Section 12: Allows foramethod
to check and test meter accuracy.
Section 13: Describes the
process and provides for
of water service based
upon customer request, :., M .t
of bills, impropercustomerfacilities, j
water waste, where service is
excessive resulting in inadequate 6
service to others and fraud or abuse.
Section 14: Describes the ='
methodofrestorationofserviceafter
service has been discontinued.
Section 15: Requires approval
from City prior to the use of
abnormally large quantities of water.
Section 16: Provides that the
Water Department, after reasonable
notice, may inspect the premises
where water is delivered.
Section 17: Defines and
describes the responsibility for loss
or damage to customer equipment g
and City -owned equipment. Section
17 further provides that Water
Department equipment on the'
customer's property belongs to the
City and may be removed, repaired
or replaced without the customer's
consent.
Section 18: Provides for 4
restrictions and guidelines
..b fire hydrants.
Section 19: Limits the 1
maximum penalty for violation of
the Ordinance.
Section 20: Declares that no
employee of the Water Department
is authorized to alter the rules and
regulations contained in the
Ordinance without City Council
approval.
Section 21: Provides that each
user grants an easement to the City
for installation and maintenance of • "
the water system.
Section 22: Provides that the
Council will adopt, by Resolution,
dlittriiction and Design Standards
and they shall be updated annually.
Section 23: Requires that all
newly constructed water systems
within the service area shall be
constructed according to the City of
Eagle Construction and Design
Standards and that the water system,
at the City's option, shall be dedicated
to the City.
Section 24: Allows the City to
charge a "water construction
equivalency fee" when established
by City Council Resolution.
Section 25: Allows the City to
enter into cooperative agreements
with those who, at their own expense,
construct .. - - to the water
system.
Section 26: Empowers the city
to promulgate rules and regulations
consistent with this Ordinance.
Section 27: Any conflic
provisions in any existing Ordinance
are waled to the extent of an
DAVIS WRIGHT TREMAINE
LAW OFFICES
702 WEST IDAHO STREET ' SUITE 700 ' BOISE, IDAHO 83702
(208) 338-8200
L. W. GRANT, III
(208) 338-8245
September 1, 1992
Barbara Montgomery
City Clerk
City of Eagle
P.O. Box 477
Eagle, ID 83616
Re: Lexington Hills Water System
Dear Barbara:
It was a pleasure and a treat for us to spend lunch with you
and the Mayor following the closing of the water system.
We have enclosed the following executed original documents for
your permanent records:
1. First Amendment to the Agreement;
2. Warranty Agreement; and
3. Bill of Sale.
Please safeguard these documents as you would any deed or
insurance policy.
We will forward to you the deed and lien releases after they
have been recorded, along with your title insurance policy.
It has been a pleasure to work with the City concerning the
acquisition of the water system.
Sincerely,
nAVTG WRIGHT TRFMATNF
L. W. Grant, III
LWG/kk
Enclosures
FAX: (208) 338'8299
e....,, e . RC„t,..,C wA0.,,,.,,--,-- , . u,,,.,,.,,,,,, 14..,,A„ . T „.. n,,,.r,=o r -,.
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS: That Lexington Hills, Inc., an
Idaho corporation, and Treasure Valley Village, a California limited partnership
(collectively " the Seller"), for and in consideration of the sum of Ten Dollars ($10) and
other good and valuable consideration paid to Seller by the City of Eagle, an Idaho
municipal corporation ('Buyer"), the receipt and adequacy of which are hereby
acknowledged, hereby sells, and delivers unto Buyer all of the wells, pumps, distribution
lines, storage facilities and other tangible personal property related to and for the ground
water domestic water system owned by Seller and now existing or hereafter placed upon
the real property described on Schedule A attached hereto and incorporated herein by
this reference (the "Property") for all purposes, or installed in any improvement situated
upon the Property, and used as a part of or in connection with the operation of the
Property (said wells, pumps, distribution lines, storage facilities and tangible personal
property being herein collectively referred to as the "Personal Property"), such Personal
Property to include, but not be limited to, those items described in Schedule B attached
hereto and incorporated herein by this reference.
TO HAVE AND TO HOLD all the Personal Property unto Buyer, its successors
and assigns, forever. Seller hereby represents, covenants and warrants to Buyer that
Seller is the lawful owner of the Personal Property; that the Personal Property is free
from all encumbrances; that Seller has a right to sell the Personal Property as aforesaid;
that Seller hereby agrees to warrant and defend title to the Personal Property unto
Buyer, its successors and assigns, against the lawful claims and demands of all persons.
DATED as of this 024/ day of/ , 199,,
Attest:
\851674\wattrsys\billsale
July 15, 1992
Duane H. Stueckle, Secretary
DATED:
7768).
DATED:
DATED:
ATTACHMENTS:
TREASURE VALLEY VILLAGE
/i
William R. Guhrke, Partner
ene, Partner
7
BY .�/iLl_
Ua r rice . Greene, Partner
Schedule A - Lexington Hills Subdivision No. 1
Schedule B - Personal Property
\851674\watersys\billsale
July 15, 1992 2
SCHEDULE A
All of the Lexington Hills Subdivision No. 1 according to the Official Plat
thereof, filed in Book 59 of Plats at Page 5802, records of Ada County,
Idaho.
\851674\watersys\billsale
July 15, 1992 3
SCHEDULE B
The domestic water system consists of all pipe, fittings, thrust blocks, fire hydrants,
curb stops, corp stops, meter boxes, and generally all facilities used for delivery of
domestic water to each lot in the Lexington Hills and Echo Creek Subdivisions.
Any part of this domestic water delivery system that is located in public rights-of-
way or in designated easements in Lexington Hills Subdivision Number One shall
be considered as part of the domestic water system.
The domestic water system shall also include the well, well casings and screens,
pumphouse, and all equipment located in the pumphouse and on the well lot,
hereby identified as Lot 2, Block 3 of Lexington Hills #1 Subdivision. Following
is a partial list of equipment that was installed in the pumphouse and shall be
included as equipment belonging to the domestic water system.
1. 15 HP Submersible Pump - Jacuzzi, Model NS6H
2. 75 HP Crown Verticle Turbine Pump - Model 8L-600
3. Franklin Electric Motor Starters for each pump.
Warranty registration numbers are: 15 HP = 23530
75 HP = 23533
4. U.S. Water Level Gauge - 4 1/2" dial Figure 566S
5. Mercoid Series "D" Pressure Switch (typical of two)
6. Cla-Val Model 61-02 Pump Control Valve
7. 6 -inch McCrometer Propeller Flow Meter
8. EUH 5kw Unit Heater with thermostat, fan and motor
In addition to the equipment listed above, other items in the pumphouse consists
of miscellaneous electrical equipment and wiring required to operate the lights
and pumps.
\851674\watersys\billsale
July 15, 1992 4
WARRANTY AGREEMENT
LEXINGTON HILLS, INC., an Idaho corporation, and TREASURE VALLEY
VILLAGE, a California limited partnership, hereinafter "Warrantors" hereby warrant unto
the CITY OF EAGLE, a municipal corporation, as follows:
1. The well installed on Lot 2, Block 3, Lexington Hills Subdivision No. 1,
together with the pump facilities appurtenant thereto, and the distribution lines and
connections installed in the public right-of-way adjacent to the lots in Lexington Hills
Subdivision No. 1, have been constructed in accordance with the plans and specifications
therefor approved by the Idaho Department of Health and Welfare ("DEQ") and with the
Agreed Construction Standards applicable thereto, as defined in that certain Agreement for
Transfer and Operation of Domestic Water System dated May 20, 1992, between Warrantors
and the City of Eagle.
2. Construction of each and all of the facilities described herein is hereby
warranted against defects in material and labor for a period of one (1) year from the date
hereof, and effective upon expiration of said one year period, Warrantors hereby assign to
the City of Eagle any and all warranties given by contractors, subcontractors and suppliers
of the facilities or any portion thereof.
Promptly upon notification by the City of any breach of the warranties of this
agreement, or either of them, Warrantors, at their sole expense, shall take all steps required
to correct the deficiency. In the event Warrantors fail to commence within ten (10) days
and complete using all due diligence the correction of deficiencies following notice, the City
shall have the right to undertake to correct the deficiencies and charge the cost thereof to
Warrantors.
In the event of litigation of any dispute relating to the Warrantors' performance or
nonperformance under this agreement, the prevailing party shall be entitled to recover a
reasonable attorney fee and all costs incurred in such action.
\ 851674 \watersys\warragm.2
July 15, 1992
Dated:
Attest:
(SEAL)
02`, , 1992
uane H. St eckl '" ecretary
Dated:
, 1992
Dated: (14/ , 1992
Attt,st.
\851674\watersys\warragm.2
July 15, 1992
LEXINGTON , INC.
Bryc . Peterson, President
TREASURE VALLEY VILLAGE
W1 a
R. Guhrke, Partner
Marten S. Gr ene, Partner
CITY OF EAGLE
reene, Partner
Steve Guerber, Mayor
FIRST AMENDMENT TO THE AGREEMENT FOR TRANSFER AND
OPERATION OF DOMESTIC WATER SYSTEM ("AGREEMENT') BETWEEN
LEXINGTON HILLS, INC. ("LEXINGTON"), TREASURE VALLEY
VILLAGE ("TW") AND THE CITY OF EAGLE ("CITY")
DATED MAY 20, 1992 ("FIRST AMENDMENT')
The purpose of this First Amendment is to (1) amend the definition of domestic
water system to clarify that it refers to the groundwater system and not the irrigation water
system; (2) clarify the terms and conditions surrounding the conveyance of the second well
and second well lot; (3) revise Section 4 concerning the Assignment of the Water Right (a)
to reflect additional requirements concerning the monitoring well; (b) that water in this
Section means groundwater; (c) clarify responsibilities of the parties concerning the
conditions/remarks of the Water Permit No. 63-11413 ("Permit") issued by the Idaho
Department of Water Resources; (d) provide that Lexington and TVV are to change or
eliminate two points of diversion under the Permit; (4) add a provision requiring that the
Covenants, Conditions and Restrictions for the Lexington Hills Subdivision be amended to
provide for maintenance of the lot located at Lot 2 in Block 3 of Lexington Hills Subdivision
No. 1, Ada County, Idaho ("Well Lot") and that the City shall not be responsible for
homeowner's association dues; (5) provide for a representation and warranty from Lexington
and TW that the water main is located within the easement to the Well Lot; (6) require
Lexington and TVV to mark all hydrants which contain irrigation water; (7) revise Schedule
A to Exhibit D; and (8) revise Exhibit J.
In consideration of the foregoing, the Agreement is hereby changed to read as
follows:
1. In Section 1, the definition of the term "domestic water system" shall be
changed to read as follows:
The wells, pumps, distribution lines, and storage facilities as required by the Idaho
Department of Health and Welfare (DEQ), the well lots, easements for access to the well
lots, the well houses, and any and all easements necessary for the maintenance and
operation of the groundwater system constructed and to be constructed to serve the Projects.
2. Section 2, Conveyance of Domestic Water System, shall be amended to read
as follows:
2. Conveyance of Dolr'stic Water System. Lexing`on an TVV gzre- *o
convey to the City all of their right, title and interest in and to the domestic water system
by a series of warranty deeds in the same or similar form as Exhibit "C" for the real property
interest and fixtures and by a bill of sale in the same or similar form as Exhibit "D" for all
personal property, free and clear of any and all property taxes, liens and encumbrances, to
be executed by the applicable owner or owners of record title thereto as each phase of
\851674\watersys\lstamnd.2
July 15, 1992 1
construction of the water system is completed and when the second well is completed and
has received approval from the Idaho Department of Health and Welfare (DEQ) to
operate. Lexington and TVV agree to convey the second well, the second well lot and any
easements attendant with the second well lot any time after approval by DEQ, upon demand
by the City. The City does not waive its right to accept conveyance of the second well, the
second well lot and any necessary easements, by waiting until the second well is contained
in an approved and recorded platted subdivision before requiring the conveyance. It is not
necessary, prior to conveyance of the second well and second well lot, that a final
certification, as described in Section 13, be provided, so long as that final certification is
supplied within twelve (12) months of the conveyance. Lexington and TVV agree to provide
the City with an owner's policy of title insurance, with extended coverage, in an amount of
$100,000 for each well lot and access easement thereto, from the Stewart Title Company and
containing only the printed form exceptions and those exceptions approved by the City. The
cost of the title insurance policy shall be paid for by the City.
Lexington and TVV agree to pay the 1991 taxes on all well lots prior to the
conveyance of the well lots to the City. The current year's taxes shall be prorated between
Lexington and TVV and the City as of the date of conveyance of the well lots.
Lexington and TVV agree to provide the City with executed UCC -3 release forms
from each party claiming a security interest in the domestic water system, in the form and
manner as required by the City. Such parties to the release shall include, but not be limited
to, Washington Federal Savings & Loan for Lexington.
The warranty deeds shall describe by reference to the plat on which they are located
or by a metes and bounds description, the well lots, together with all appurtenances
including easements for access to the well lots and all improvements thereon and thereto
including the pumps and storage facilities, subject to an easement in favor of the Lexington
Hills Homeowners' Association for use of the surface for landscaping and open space.
An inventory of the well facilities, pumps, hardware and electrical systems for the
domestic water system serving Lexington Hills and Echo Creek Subdivisions and the
distribution lines for Lexington Hills Subdivision No. 1, is appended hereto as Exhibit "E".
An inventory similar in form shall be furnished to the City with each conveyance. Lexington
and TVV agree to convey to the City all hook-up fees, in the amount of $320/lot, that they
have collected, prior to the City accepting the domestic water system, less any amounts paid
to Engineering, Management and Maintenance, Inc., for installation of meters at $120/lot.
3. Section 4 shall be changed to read as follows.
4. Assignment of Water Right. Concurrently with execution of this
agreement, Lexington and TVV shall execute an assignment in the form of Exhibit "G",
assigning to the City all of their right, claim and interest in the permit No. 63-11413
("Permit") issued by the Idaho Department of Water Resources for appropriation of
\851674\watersys\lstamnd.2
July 15, 1992 2
groundwater to supply domestic water service, fire protection and limited irrigation flow for
the proposed housing development in the Projects on the terms and conditions set forth
therein. A copy of the application for permit is appended hereto as Exhibit "H" and the
final permit is appended as Exhibit "I". Lexington and TVV shall take all steps reasonably
required to assist the City in securing approval by the Idaho Department of Water
Resources for the assignment of Permit No. 63-11413, which approval shall be a condition
of closing of this transaction. Upon such approval, the City shall assume the responsibility
and cost for compliance with conditions/remarks numbered 1, 2,3,4,7,9,10 of the Permit.
Lexington and TVV agree to notify the City a reasonable amount of time in advance, and
to assist the City in seeking an extension or in filing of an amendment application necessary
to extend the Permit period within which groundwater must be applied to a beneficial use.
All costs of obtaining any amendment or extension concerning the beneficial use shall be
borne by Lexington and TVV. Lexington and TVV hereby certify and warrant that they:
(1) will provide and maintain a monitoring well sufficient to meet the terms and conditions
of condition/remark number 5 as described in the Permit and they further agree to provide
the location of the monitoring well to the City and IDWR, including any subsequent changes
in the monitoring well, for so long as either party or their heirs or assigns are developing
or selling lots in the Projects and 2) have installed the flow measurement devices as further
described in the Permit as condition/remark number 8. Lexington and TVV do not feel
that the feasibility study as further described in the Permit as condition/remark number 6
is required under the Permit, but they agree to have the feasibility study prepared for the
Idaho Department of Water Resources ("IDWR"), should IDWR make demand upon the
City for this feasibility study.
Lexington, TVV and the City desire to provide a backup supply of groundwater for
fire protection and the flushing of hydrants, which is the source of supply for the domestic
water system. The City agrees to furnish to the Lexington Hills Homeowners' Association
a supply of groundwater to replenish the lakes in the Lexington Hills Subdivision, only
„L7coidiri,7, to 'L: fi I a "ice` `,ti '_T .,"r1 r07'11;t;p*?c.
1) Groundwater is available after all domestic and irrigation needs are satisfied;
2) The storage of groundwater is determined by the Idaho Department of Water
Resources to be an allowed use under the Permit or the Permit is amended
as provided hereinafter, to permit this storage use;
3) The charge, until December 31, 1997, for replenishing the lakes with
groundwater in the Lexington Hills Subdivision shall be 50% of domestic
water rate, as established by Resolution of the City of Eagle City Council, for
the same size of meter. After December 31, 1997, the City shall re-examine
the water rate for replenishing the lakes and make such adjustments in the
rate as are necessary to fairly reflect and allow the City to recover its
proportionate share of the variable costs and the proportionate share of the
fixed costs of providing such service; provided that the City expressly agrees
\851674\watersys\lstamnd.2
July 15, 1992 3
that, in determining the proportionate share of the fixed costs associated with
providing such service, no allocation shall be made for City overhead that
cannot be directly attributed to the operation of the domestic water system.
In determining what is the proportionate share of electrical and maintenance
expenses, allocation shall be made on a volume basis and in determining what
is the proportionate share of insurance, management, and billing expenses,
allocation shall be made equally among all system users. For example, as of
the date of this Agreement, if the Lexington Hills Homeowners Association
was using a 2 inch meter on any pond, the rate to a user would be $17.78 for
the first 3200 cu. ft. of water plus $0.42/ 100 cu. ft. for each additional amount
of water used and the rate for the Lexington Hills Homeowners Association
would be $8.89 for the first 3200 cu. ft. and $0.21/100 cu. ft. for each
additional amount of water used.
4) Lexington and TVV agree to install the meters necessary to measure the flow
of water into the lakes at Lexington Hills. In the event that they fail to do so,
the City agrees to charge the Lexington Hills Homeowner's Association hook-
up fees equal to the costs charged to the City for the purchase and installation
of the meters necessary to measure groundwater flow into the Lexington Hills
Lakes.
5) The City will furnish groundwater to replenish the lakes, which ground water
will be used for irrigation and storage, only during that portion of the
Irrigation Season when surface water is not available from the Farmer's
Union Canal Company. The Irrigation Season shall be from March 15 to
November 15 of any given year.
The City shall assist Lexington and TVV in seeking an amendment of the Permit to
pera t th , storage of groundwater ns b' nefirial use under the Permit ►unless Lexington
and TVV demonstrate to the City's satisfaction that this amendment to the Permit is not
necessary. All costs of obtaining the amendment to the Permit shall be borne by Lexington
and TVV.
Lexington and TVV, within a reasonable period of time after the execution of this
First Amendment, at the City's option, shall seek an amendment of the Permit from IDWR
to change or delete two points of diversion from locations not on the Projects to locations
within the boundaries of the Projects. All costs of obtaining this amendment to the Permit
shall be borne by Lexington and TVV.
4. Section 15 shall be added to the Agreement. Section 15 shall read as follows:
15. Amendments to Lexington Hills Covenants, Conditions and
Restrictions. Lexington and TVV agree, within sixty days after the execution of this First
Amendment, to amend and record the Covenants, Conditions and Restrictions for the
\851674\watersys\lstamnd.2
July 15, 1992 4
Lexington Hills Subdivision, in a form approved by the City, to provide that the Lexington
Hills Homeowner's Association shall be responsible for the maintenance of the landscaping
and improvements of the Well Lot.
5. Section 16 shall be added to the Agreement. Section 16 shall read as follows:
16. Representation and Warranty Concerning Location of Water Main.
Lexington and TVV hereby represent and warrant to the City that the groundwater main
line from the well located on the Well Lot, which connects to the domestic water system
main lines located underneath and beneath the street, Stonybrook Court, in the Lexington
Hills Subdivision No. 1, is located within the following area:
A 20 foot wide tract of land being a portion of Lots 1 and 2, Block
3 of Lexington Hills Subdivision (a recorded subdivision on file in
Book 59 of Plats, at Pages 5802, 5803, and 5804, Records of Ada
County, Idaho) situated in the Southwest 1/4 of the Southwest 1/4 of
Section 3, Township 4 North, Range 1 East, Boise Meridian, Ada
County, Idaho, said tract being 10 feet each side of the following
described centerline:
Commencing at a found aluminum cap monumenting the South 1/4
Corner of said Section 3, thence North 89°-44'-43" West, a distance of
2680.44 feet to a found brass cap monumenting the Southwest Corner
of said Section 3, thence North 33°-40'-43" East a distance of 526.93
feet to a set steel pin, said pin being the radius point of said Lot 2,
said point also being the POINT OF BEGINNING.
Thence North 76°-36'-30" East a
distance of 103.96 feet to a point
on the westerly right-of-way of
Stonybrook Court, said point being
the terminus of this description.
6. Section 17 shall be added to the Agreement. Section 17 shall read as follows:
17. Marking of Irrigation Water Systems. Lexington and TVV agree to mark
all irrigation water lines or domestic water lines according to DEQ requirements specified
in Idaho Regulations for Public Drinking Water Systems, Section 01.08500.03.C, in the
Projects, except Lexington Hills Subdivision No. 1. Lexington agrees in Lexington Hills
Subdivision No. 1 to permanently mark all valves at the property line which contain
pressurized irrigation water.
7. Schedule A to Exhibit D shall be changed to read as follows:
\851674\watersys\lstamnd.2
July 15, 1992 5
SCHEDULE A
All of the Lexington Hills Subdivision No. 1 according to the Official Plat
thereof, filed in Book 59 of Plats at Page 5802, records of Ada County, Idaho.
8. Exhibit J shall be changed to read as follows:
EXHIBIT J
SCHEDULE OF HOOKUP FEES AND SERVICE CHARGES
Until further notice to the owners of property served by the domestic water system
operated by the City of Eagle, the following hookup fees and service charges shall apply to
the delivery of water to said property:
Hookup fees $320.00
The initial service charges for delivery of domestic water shall be in
accordance with the rates established by the City of Eagle in Resolution No.
92-8, dated May 26, 1992, as Exhibit A. Ada County, Idaho, a copy of the
current schedule for which is attached hereto.
Both the hookup fee and water service charges may be changed at any time
by the City according to the City's ordinances.
\851674\watersys\lstamnd.2
July 15, 1992 6
DATED: A.ise ay LEXINGTON HILLS, INC.
•
Attest:
(SEAL)
ecretary
DATED: 7 /2 / /y 2
TREASURE VALLEY VILLAGE
By - �-�C'
William R. Guhrke
DATED: (//i9.7
By cam
artin ' reene
DATED: Z-- By //i l f
ence b. Greene
DATED:
Al LEST:
/q--
\851674\watersys\lstamnd.2
July 15, 1992
CITY OF EAGLE
7
EXHIBIT A
RESOLUTION 92- r
A RESOLUTION ESTABLISHING THE RATES FOR WATER
USAGE OF THE CITY'S DOMESTIC WATER SYSTEM
WHEREAS, the City of Eagle establishes rates for the usage of the City's Domestic Water
System.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EAGLE, IDAHO, THAT:
Section 1: Pursuant to Ordinance No. 202, adopted by the Eagle City Council on May
A44, 1992, the City Council hereby declares and establishes the following water rates as the fees
for usage of the City's Domestic Water System:
RATES:
Water Usage
0 - 600 cu. ft.
600 + cu. ft.
Monthly Fee Per Meter
$ 6.86
$ 0.42 /100 cu. ft.
MINIMUM FEES:
Meter Size Amount of Water Allowed Minimum Charge/Month
for MinimuLkk Charge
3/4"
1"
1-1/4 - 1-1/2"
2" or multiple meters of
equivalent capacity
3"
4"
Rate for Lexington Hills
to refill ponds:
F:\Docs\$51674\Watersys\Resolut.3
May 26, 1992
600 cu. ft.
1000 cu. ft.
2000 cu. ft.
3200 cu. ft.
6400 cu. ft.
19000 cu. ft.
1
$ 6.86
8.54
12.74
17.78
31.22
46.34
According to the terms of the Agreement
for Transfer and Operation of Domestic
Water System, dated May 20, 1992,
between the City of Eagle, Lexington Hills,
Inc. and Treasure Valley Village.
SERVICE CONNECTION CHARGE:
3/4" meter (one time charge of)
MISCELLANEOUS CHARGES:
Deposits
Late Charge Fee
Rule Violation Restoration Charge
Restoration of Service Charge
Shut-off at Main or Meter Removal Fee
Temporary Service Connections
Meter Test Fee
Relocation of Fire Hydrants
Cost for Main Line Extensions
Cost of Changing Service Line Size
Charge for standby fire protection service
Contract or Large Scale Users:
$ 320.00
—o-
5.00
300.00
12.00
Cost plus 10%
Cost plus 10%
Cost plus 10%
Cost plus 10%
Cost plus 10%
Cost plus 10%
For 3" Service or smaller, per month $ 6.00
For 4" Service per month 9.00
For 6" Service per month 19.00
For 8" Service per month 32.00
For 10" Service per month 52.00
As determined by City Council
Any fees associated with the delivery of water service by
contract or a large scale user shall be established by the City
Council as it pertains to the specific contract. A large scale
user under this provision is a user who uses more than 50,000
cu.ft. in any given month.
Section 2: This Resolution shall be in full force and effect immediately upon its adoption
and approval.
2
F:\Docs\851674\Wate:sys\Resolut.3
May 26, 1992
Attest:
DATED this day of May, 1992.
Clerk
•
6
F:\Das\851674\Watersys\Resolut.3
May 26, 1992
City of Eagle
Ada County, Idaho
By
ayor
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