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BILL NO. 16
ORDINANCE NO.2831
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 4, ARTICLES 1 AND S, OF THE CALDWELL CITY CODE CONCERNING
WATER REGULATIONS AND SANITARY SEWER REGULATIONS; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT
HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of
Idaho:
Section 1. Chapter 4, Article 1, regarding the Water Regulations Ordinance, shall be amended as
follows:
Section 04-01-03 : Definitions:
PRIVATE WATER SYSTEM: Any domestic water system that is new not owned,
operated and or maintained by the City.
Section 04-01-07: Powers and Authority of City Authorized Representative:
The City through its authorized representative bearing proper credentials and
identification shall be permitted at proper and reasonable hours of the day to enter all
properties, premises or buildings to which water is furnished from the City water system for
testing or for any other purpose necessary for the proper administration of the water system in
accordance with provisions of this Article regardless of the gresence or lack thereof of an
easements. All entry and subsequent work, if any, on said properties, premises or buildings
shall be done in a workmanlike manner. Also, the City, through its authorized representative
bearing proper credentials and identification, shall be permitted to enter all private properties
through which the City holds an easement for the purpose of, but not limited to, inspection,
observation, repair, and maintenance of any portion of the City water system lying within said
easements. All entry and subsequent work, if any, on said easement shall be done in a
workmanlike manner. Additionally, the City, through its authorized representative bearing
proper credentials and identification, shall be permitted to enter all private properties, -premises
and/or buildings at any time of the day or night, seven days a week, to perform any emergency
repairs to the City water system deemed necessary for the life, safety, health or welfare of the
City
Section 04-01-09: Water Connections, Construction Regulations:
(1) Separate Connections Required: Each separate building shall be connected with
the water main through a City water service line, which includes a meter. With respect to
hangars and other privately owned structures built at the Caldwell Industrial Airport, each
BILL No. 16 (WATER AND SEWER SERVICE REGULATIONS) PAGE I OF 3
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individual hangar or structure unit, even if all units are contained within a single building shall
be connected individually with the water main „through a City water service line which includes
a meter. The City's portion of the water service line ends at the meter. Individual service
requirements for condominium projects shall be as per Section 11-04-05 of City Code
12 Water and Fire Hydrant Water Line Dedications: A maintenance and operation
easement shall be granted to the City for any water mains and/or appurtenances that are
intended and/or required to be dedicated to the Cily that are located outside of dedicated public
right-of-way and shall be granted prior to issuance of a final certificate of occu anc .
Additionally, all water lines servicingfire ire hydrants, as well as the fire hydrants themselves,
shall be dedicated to the City for ownership, operation and maintenance. Requests for
dedication shall be received, reviewed and cleared by City staff for city council agenda
placement prior_ to issuance of a final certificate of occupancy.
Section 2. Chapter 4, Article 5, regarding Sanitary Sewer System Ordinance, shall be amended as
follows:
Section 04-05-04: Additional Powers:
( 1) Powers and Authority of City Authorized Representative: The Department
through its authorized representatives shall be permitted at proper and reasonable hours of the
day to enter all properties, premises or buildings which are connected to the POTW for testing
or for any other purpose necessary for the proper administration of the sanitary sewer
system/POTW in accordance with the provisions of this Article, regardless of the presence or
lack thereof of any easements. All entry and subsequent work, if any, on said _properties
premises or buildings shall be done in a workmanlike manner. Also, the City, through its
authorized representative bearing proper credentials and identification, shall be permitted to
enter all private properties through which the City holds an easement for the purpose of, but not
limited to, inspection, observation, repair, maintenance and replacement of any appurtenances
of the City sanitary sewer system lying within said easements. All entry and subsequent work,
if any, on said easement shall be done in a workmanlike manner. Additionally, the City,
through its authorized representative bearing proper credentials and identification, shall be
permitted to enter all private properties, premises and/or buildings at _any time of the day or
night, seven days a week, to perform any emergency repairs to the City sewer system deemed
necessary for the life safety, health or welfare of the City.
Section 04-05-07: Connection to City -owned Treatment Works/POTW; Construction
Standards:
( 1) Sewer Connection Required and Penalty:
A. Every building or structure within the corporate limits of the City shall
be separately and independently connected by a separate building sewer line to the
POTW, where a POTW sewer line is adjacent to the lot, tract or parcel of land on which
the building or structure stands. With respect to hangars and other privately_ owned
structures built at the Caldwell Industrial Airport, each individual hangar or structure
BILL No. 16 (WATER AND SEWER SERVICE REGULATIONS) PAGE 2 OF 3
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unit even if multiple units are contained within a single building, shall be connected b
a se arate sewer line to the POTW where a POTW sewer line is adjacent to the lot
tract or parcel of land on which the hangar or structure stands. Individual service
re uirements for condominium proiccts shall be as 12er Section 11-04-05 of City Code.
(4) Construction of Sewers by Private Persons:
I. Other Systems: The method of cost recovery described herein may be
applied to drinking water and munieipal iFf igmiea at the discretion of city council.
Section 3. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
Section 4. This ordinance shall be in full force and in effect from and after its passage, approval and
publication, according to law.
Section 5. This ordinance is hereby declared to be severable. If any portion of this ordinance is
declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full
force and effect and shall be read to carry out the purposes of the ordinance before the declaration of
partial invalidity.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 17th day of May,
2010.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 17th day of May,
2010.
Mayor Garret L. Nancolas
ATTEST:
City Clerk
BILL No.16 (WATER AND SEWER SERVICE REGULATIONS) PAGE 3 OF 3
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2831
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER
4, ARTICLES 1 AND 5, OF THE CALDWELL CITY CODE CONCERNING WATER
REGULATIONS AND SANITARY SEWER SYSTEM REGULATIONS; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT
HEREWITH.
Sections 1 and 2: Amends Chapter 4, Articles 1 and 5, of the Caldwell City Code, regarding water
regulations and sanitary sewer system regulations, respectively, as follows: amends the definitions of a
private water system by clarifying that it is a domestic water system not owned, operated or maintained
by the city; clarifies that testing and work on the city water system may take place on all properties to
which water is furnished from the City water system, regardless of the presence of an easement, and that
all such work must be performed in a workmanlike manner; adds requirement that each individual hangar
unit, even if part of a larger building, must have its own individual water service and water meter; adds
requirements for dedication of water and fire hydrant water lines to the City, up to and including the fire
hydrant itself; clarifies that testing and work on the city sewer system may take place on all properties
connected to the POTW, regardless of the presence of an easement, and that all such work must be
performed in a workmanlike manner; adds requirement that each individual hangar unit, even if part of a
larger building, must have its own sewer service; and, deletes reference to municipal irrigation from the
section addressing methods of cost recovery relating to construction of sewers by private persons.
Section 3: Repeals conflicting ordinances, resolutions and orders.
Section 4: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 5: Provides for severability.
Ordinance No. 2831 provides an effective date, which shall be when published in the Idaho Press Tribune
on the 24'h day of May 2010. Ordinance No. 2831 was passed by the Council and approved by the Mayor
on the 17'h day of May 2010. The full text of the Ordinance is available at Caldwell Planning & Zoning
Department, 621 Cleveland Boulevard, Caldwell, Idaho. The Mayor and City Council approved the
foregoing summary on the 17`h day of May 2010 for publication on the 24`h day of May 2010, pursuant to
Idaho Code 50-901A.
Mayor Garret L. Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of Ordinance
No. 2831 and provides adequate notice to the public as to
the contents of such ordinance.
DATED this 17`h day of May 2010
Mark Hilty, Attorney for City of Caldwell
BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4 OF THE CALDWELL CITY CODE WHICH IS THE PUBLIC
WORKS AND PROPERTY ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF
IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho:
Section 1. Chapter 4, Article 1, regarding the Water Regulations Ordinance, shall be amended as follows:
Section 04-01-03: Definitions:
Private Water System: Any domestic water system that is no not owned, operated afld or maintained by the
City.
Section 04-01-07: Powers and Authority of City Authorized Representative:
The City through its authorized representative bearing proper credentials and identification shall be permitted at
proper and reasonable hours of the day to enter all properties, premises or buildings to which water is furnished
from the City water system for testing or for any other purpose necessary for the proper administration of the
water system in accordance with provisions of this Article, regardless_ of the presence or lack thereof of any
easements.. All. entry and subsequent work, if any, on said properties. premises or buildings shall be done in a
workmanlike manner. Also, the City, through its authorized representative bearing proper credentials and
identification, shall be permitted to enter all private properties through which the City holds an easement for the
purpose of, but not limited to, inspection, observation, repair, and maintenance of any portion of the City water
system lying within said easements. All entry and subsequent work, if any, on said easement shall be done in a
workmanlike manner. Additionally_ the. City, through its authorized representative bearing proper credentials and
identification shall be permitted to enter all private properties, premises and/or buildings at any time of the day
or night, seven days a week to l2erform any emergencyeme[gency repairs to the City waters stem deemed necessa for
the life safety, health or welfare of the City.
Section 04-01-09: Water Connections, Construction Regulations:
(1) Separate Connections Required: Each separate building shall be connected with the water main
through a City water service line, which includes a meter. Each individual airport hangar unit, even if
all airport hangars are contained within the same building, shall be connected individually with the
water main through a City water service line, which includes a meter. The City''s portion of the water
service line ends at the meter. Individual service requirements for condominium projects shall be as
er Section 11-04-05 of City Code.
12) Water and Fire Hydrant Water Line Dedications: A maintenance and operation easement shall be
ranted to the City for any water mains and/or appurtenances that are intended and/or required to
be dedicated to the Ci that are located outside of dedicated Public right-of-way and shall be
ranted prior to issuance of a final certificate of occupancy. Additionally, all water lines servicing fire
hydrants, including the fire hydrants themselves shall be dedicated to the Public for ownershi
operation and maintenance. Reguests for dedication shall be received reviewed and approved for
afty council agenda placement prior to issuance of a final certificate of occul2angL.
Section 2. Chapter 4, Article 5, regarding Sanitary Sewer System Ordinance, shall be amended as follows:
Section 04-05-04: Additional Powers:
(1) Powers and Authority of City Authorized Representative: The Department through its authorized
representatives shall be permitted at proper and reasonable hours of the day to enter all properties,
premises or buildings which are connected to the POTW for testing or for any other purpose necessary
Bill No. (water and sewer) Page 1 of 2
for the proper administration of the sanitary sewer system/POTW in accordance with the provisions of
this Article, regardless of the presence or lack thereof of any easements. All entry and subsequent work,
if any, on said properties, premises or buildings_ shall be done in a workmanlike manner. Also, the City,
through its authorized representative bearing proper credentials and identification, shall be permitted to
enter all private properties through which the City holds an easement for the purpose of, but not limited
to, inspection, observation, repair, maintenance and replacement of any appurtenances of the City
sanitary sewer system lying within said easements. All entry and subsequent work, if any, on said
easement shall be done in a workmanlike manner. Additionally, the City,- through its authorized
representative bearing proper credentials and identification, shall be permitted to enter all private
properties, premises and/or buildings at any time of the day or night, seven days a week, to perform any
emergency repairs to the City sewer seem deemed necessary for the life safety, health or welfare of
the City. -
Section 04-05-07: Connection to City -owned Treatment Works/POTW; Construction Standards:
(1) Sewer Connection Required and Penalty:
A. Every building or structure, including each individual airport hangar unit even if all airport hangars are
contained within the same building, within the corporate limits of the City shall be separately and
independently connected by a separate building sewer to the POTW where a POTW sewer line is
adjacent to the lot, tract or parcel of land on which the building or structure stands. Individual service
requirements for condominium projects shall be as per Section 1 1-04-05 of City Code.
(4) Construction of Sewers by Private Persons:
Other Systems: The method of cost recovery described herein may be applied to drinking water
at the discretion of city council.
Section 3. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
Section 4. This ordinance shall be in full force and in effect from and after its passage, approval and publication,
according to law.
Section 5. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid
by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be
read to carry out the purposes of the ordinance before the declaration of partial invalidity.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO,
this day of
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO,
this day of .2010.
ATTEST:
Garret Nancolas, Mayor Debbie Geyer, City Clerk
Bill No. (water and sewer) Page 2 of 2 a