HomeMy WebLinkAboutORD 2504r •
BILL NO. 18
ORDINANCE NO. 2504
AN ORDINANCE TO AMEND CHAPTER 4, OF THE MUNICIPAL CODE OF THE
CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO BY ADOPTING
A NEW ARTICLE 17 TO BE KNOWN AS CITY IRRIGATION UTILITY
ORDINANCE;
AN ORDINANCE CREATING A CITY IRRIGATION UTILITY FOR THE PURPOSE
OF DELIVERING IRRIGATION WATER TO PROPERTIES WITHIN THE CITY;
ESTABLISHING AN IRRIGATION DEPARTMENT TO OPERATE AND MAINTAIN
CITY IRRIGATION SYSTEMS; SETTING METHODOLOGY FOR ESTABLISHING
THE BOUNDARIES OF SAID IRRIGATION SYSTEM; AUTHORIZING FEES FOR
DELIVERY OF CITY IRRIGATION WATER TO PROPERTY OWNERS WITHIN
THE CITY IN ACCORDANCE WITH IDAHO STATE CODE; ESTABLISHING
CONSTRUCTION METHODS AND MATERIALS; ESTABLISHING RULES AND
PENALTIES FOR IMPROPER USE OF CITY IRRIGATION WATER; REPEALING
ALL ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT
HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF CALDWELL, CANYON COUNTY, IDAHO:
ARTICLE 17
CALDWELL IRRIGATION UTILITY ORDINANCE
SECTION:
04 -17 -01
Irrigation Department
04 -17 -03
Definitions
04 -17 -05
Applicability
04 -17 -07
Powers and Authority of City Authorized Representative
04 -17 -09
Water Connections, Construction Regulations
04 -17 -11
Restrictions On Water Use
04 -17 -13
Upkeep of Service Pipes and Fixtures
04 -17 -15
Irrigation Assessments
04 -17 -17
Right of City to turn off the Water Supply
04 -17 -19
Failure of Water Supply
04 -17 -21
Prohibited Acts
04 -17 -23
Saving Clause
04 -17 -25
Penalties
04- 17 -01: IRRIGATION DEPARTMENT:
(1) Department Established: There is hereby established an Irrigation
Department which shall consist of such personnel as may be provided by the
Mayor and the City Council and the operation of which shall be under the
direction of the Water Superintendent.
(2) Responsibility: It shall be the responsibility of all members of the Irrigation
Department to operate and maintain all City irrigation systems and take every
possible precaution to ensure the safety and health of the public and comply
with applicable state and federal law relevant to the delivery of irrigation
water.
04- 17 -03: DEFINITIONS:
Unless the context specifically indicates otherwise, the meaning of terms used in
this Article shall be as follows:
CITY: Refers to the City of Caldwell, Canyon County, Idaho, or its authorized or
designated agent, representative or deputy thereof.
CITY IRRIGATION SERVICE LINE: That portion of an irrigation service line that
runs from its connection with the City irrigation main to and including the
corporation stop installed in the service line. The irrigation service line is owned
and maintained by the City and will usually be installed within the limits of the
public right of way or utility easement.
CITY IRRIGATION SYSTEM: Includes all components and facilities of the
irrigation system that is owned, operated and/or maintained by the City of
Caldwell, Idaho, to provide irrigation water supply.
IRRIGATION WATER: Refers to water used for the purpose of irrigation in a
beneficial manner, regardless of the water source.
MASTER IRRIGATION PLAN: The master irrigation plan includes any document
which the City of Caldwell has accepted or may accept by official action of the
City Council which describes or otherwise indicates an overall view of proposed
future irrigation needs, irrigation main sizing and/or irrigation main spacing.
OWNER: Refers to any property owner served by the City irrigation system.
PRIVATE IRRIGATION SERVICE LINE: This is the irrigation service line from
the City corporation stop to and throughout the property being served.
PRIVATE IRRIGATION SYSTEM: Any irrigation system that is not owned,
operated and maintained by the City.
PROPERTY: Refers to all property, whether privately or publicly owned, within
the duly adopted boundaries of the City irrigation system.
IRRIGATION MAIN: Any portion of the City irrigation systemused for the purpose
of Transportation and /or distribution of irrigation water to serve more than one
irrigation service line or user.
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04- 17 -05: APPLICABILITY:
The provisions of this Article shall apply to all property within the corporate limits
of the City and within the duly adopted boundaries ofthe City irrigation system,
including all property owned or occupied by the United States of America, the
State of Idaho and Canyon County.
04- 17 -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 to which irrigation water is furnished from the City irrigation
system for testing or for any other purpose necessary for the proper
administration of the City irrigation system in accordance with provisions of this
Article. 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 inspection,
observation, repair, maintenance, or any other purpose or function reasonably
related to the City irrigation system. All entry and subsequent work, if any, within
said easement shall be done in a workmanlike manner.
04- 17 -09: WATER CONNECTIONS, CONSTRUCTION
REGULATIONS:
(1) The City Council shall establish by ordinance the boundaries of the City .
irrigation system, and may, from time to time, contract, extend or enlarge the
boundaries of said system by ordinance. A copy of any such ordinance duly
certified to be correct by the city clerk shall be recorded in the office of the
recorder of Canyon .County, State of Idaho.
(2) Property Connections: Each property within the duly described boundaries of
the City irrigation system may be connected to the irrigation main through a
City irrigation service line, upon compliance with the terms of this Article and
any policies adopted pursuant thereto.
(3) Application for Service Connection and Permit to Use Water: An application
for City irrigation service shall be made by the owner of the property to the
Water Superintendent or other assigned officer. The application shall contain
a full, true and accurate statement of the size of the connection desired, a
description of the premises upon which such connection is to be made, the
full name of all owners and shall otherwise conform to the rules and
regulations provided for the City irrigation system. No water shall be
introduced into any connection unless a permit has first been approved by the
Water Superintendent or assigned officer, and all fees set forth in the rate
schedule adopted by resolution of the City Council have been paid. The
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applicant shall have the responsibility of determining and/or providing the
appropriate water rights.
(4) Private Irrigation Service Line: All materials and workmanship used in the
installation of private water service lines shall conform to City specifications
and codes. The furnishing of all labor and materials shall be the sole
responsibility of the owner.
(5) No Connections Outside the City: Requests for water line connections
outside the City limits are governed by the "Service Connection Policy -
Outside the City Limits ", which policy shall be adopted by resolution of the
City Council.
(6) Extension of Irrigation Mains and Irrigation Main Fee:
A. All proposed extensions of the irrigation mains to service undeveloped
areas within the boundaries of the City irrigation system shall comply with
existing policies, specifications, master plans, or requirements established by
the City Engineer. The plans for all extensions to the City Irrigation mains
shall be prepared under the direction of and signed by a registered
professional Engineer as per the licensing requirements of Idaho law, and
three (3) copies of the said plans shall be filed with the City. In approving a
plan for extension of irrigation mains, the City reserves the right and
discretion to establish other conditions and requirements such as a special
permit fee, rights -of -way limits, sequence of construction, time limits for
having existing service disrupted, the filing of a performance bond and other
similar measures as may be required to protect the public. No work shall
commence on any extension of irrigation mains until the extension project has
been included within the boundaries of the City irrigation system and written
approval of design plans have been provided by the City Engineer. A permit
shall not be issued until all applicable fees have been paid.
B. All irrigation main extensions and appurtenances shall be constructed at
the expense of the applicant by a qualified contractor in accordance with City
specifications and subject to conditions and fees established by the City.
C. The City shall charge an irrigation main extension fee on all new
development that will be provided irrigation service by the City irrigation
system. The amount of the fee and the methods of derivation shall be in
accordance with the rate schedule adopted by resolution of the City Council.
(8) Construction Methods and Materials: The materials and methods used for
construction of City irrigation service lines, private irrigation service lines,
irrigation mains or City irrigation system appurtenances shall conform to the
requirements of all codes and specifications as may be adopted by the City
Council. The City may reject any materials or workmanship for cause, and
upon such order, the rejected materials shall be removed and replaced with
approved materials. The standards adopted and published by Pioneer
Irrigation District shall be used as City Standards, unless the City Council
approves irrigation construction standards subsequent to adoption of this
ordinance.
(9) Illegal Connections:
A. It shall be unlawful for any person to make or cause to be made any
connection with the City irrigation system or to introduce or cause to be
introduced water from the City irrigation system into any connection made
therewith unless a permit has been first duly issued for such purpose by the
Building Inspector in compliance and conformity with the provisions of this
Article and the rules and regulations of the City that are now or may hereafter
be established therefor; or to cause a connection to become noncompliant
with the provisions of this Article and the rules and regulations of the City that
are now or may hereafter be established; or to interfere with or injure any line
appurtenance or any portion of the City irrigation system. Violation of this
provision shall be a misdemeanor.
B. The City, by and through the Building Inspector, shall give notice in writing
to the owner and /or occupant of any premises connected to and served by
the. City irrigation system in all cases in which said connections are illegal.
Said notice shall state the violation and require that the violations be cured
within ten (10) days from notice thereof.
C. In the event that said illegal connection continues beyond the ten (10) day
period, the City is authorized to discontinue irrigation service to said premises
without further notice and until said illegal connection is remedied and all
costs of the City associated therewith and fines have been paid.
D. A violation of this provision is a misdemeanor.
(10) Fees:
A. Service Connection Fees: In addition to any inspection fees, irrigation main
extension fees and impact fees, the applicant shall be required to pay a
service connection fee. The amount of the service connection fee shall be in
accordance with the rate schedule adopted by resolution of the City Council.
A copy of current service connection fees far various line sizes will be on file
in the Water Superintendent's office.
B. Impact Fees and Base Charges: The City shall have authority to assess
the developer and/or landowner fees in addition to the aforementioned fees.
These additional fees are termed impact and capital improvement base fees
and are for the purpose of providing a more equitable distribution of City
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irrigation system costs relating to such items as water supply development,
storage, transmission lines and other off -site improvements and shall be in
accordance with the rate schedule approved by resolution of the City Council.
04- 17 -11: RESTRICTIONS ON WATER USE:
No person supplied with water from the City irrigation system will be entitled to
use it for any other purpose than stated in the permit, nor shall water be supplied .
to other properties, or allowed to be taken off the premises with the intent of. by-
passing the provisions of this Article.
04- 17 -13: UPKEEP OF SERVICE PIPES AND FIXTURES:
All service pipes and fixtures on private property are the responsibility of the
property owner and shall be kept in good repair and protected from freezing at
the property owner's expense. The property owner shall be responsible for all
damages resulting from leaks or breaks in service pipes and fixtures. Water will
not be furnished to any private irrigation service line or system where there is a
leak in the service piping or in a fixture. If a leak is discovered, the irrigation
service may be discontinued immediately until all leaks have been repaired.
04- 17 -15: IRRIGATION ASSESSMENTS:
(1) The annual irrigation assessment shall be established by the City Council
pursuant to Idaho law.
(2) All assessments, flees and charges received and collected under the authority .
of this Article shall be deposited and credited to the Irrigation Fund, and all
expenditures therefrom shall be dedicated to the operation, maintenance,
replacement, upgrade and extension of the City irrigation system.
(3) The levying of the annual assessment, processing of payments received and
the disposition of delinquent accounts shall be in accordance with Idaho law.
04- 17 -17: RIGHT OF CITY TO TURN OFF THE WATER SUPPLY:
The City reserves the right at any time without notice to shut off the water supply
for repairs, extensions or any other reason, and the City shall not be responsible
for damaged pipes or fixtures, or any other damage resulting from the shutting off
of the water.
04- 17 -19: FAILURE OF WATER SUPPLY:
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The City shall not be liable under any circumstance for a deficiency or a failure in
the supply of water whether by the shutting off of the water to make repairs or
connections, or for any cause whatsoever.
04- 17 -21: PROHIBITED ACTS:
Malicious Or Willful Waste Of Water: It shall be unlawful for any irrigation water
user to waste water or allow it to be wasted by imperfect water stops, valves,
leaky pipes, or improper adjustment of sprinklers, or to permit the malicious or
willful consumption of water for no beneficial use. The City will make a visual
determination of where water has been wasted and shall notify the user of that
determination. It shall then be the user's responsibility to make the necessary
repairs, or to institute actions that will correct that situation within thirty (30) days
of the City's notification to the user. All costs incurred including the cost of wasted
water and any repairs shall be the responsibility of the user.
04- 17.23: SAVING CLAUSE:
If any section, paragraph, sentence or provision of this Article or the application
thereof, to any particular circumstance shall ever be invalid or unenforceable,
such holding shall not affect the remainder hereof, which shall continue in full
force and effect and be applicable to all circumstances to which it may validly
apply.
04- 17 -25: PENALTIES:
(1) Any person found to be violating any provision of this Article shall be served
by the City with a written notice stating the nature of the violation and
provided a specified maximum period of time, said period not to exceed thirty
(30) days, for the satisfactory correction thereof. The offender shall, within the
period of time stated in such notice, permanently cease all violations.
(2) Any person who shall continue any violation beyond the time limit provided for
in subsection (1) of this section, shall be guilty of a misdemeanor, and on
conviction thereof shall be subject to a fine not exceeding three hundred
dollars ($300.00) or imprisonment not exceeding thirty (30) days or both such
fine and imprisonment for each violation. Each day in which any such
violation shall continue shall be deemed a separate offense.
(3)Any person violating any of the provisions of this Article shall become liable to
the city for any expense, loss, or damage occasioned the city by reason of
such violation.
All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby
repealed, rescinded and annulled.
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