CITY OF HOPE

P.O. BOX 277

Hope, Idaho

ORDINANCE #245

AN ORDINANCE FOR THE CITY OF HOPE, BONNER COUNTY, IDAHO, REGULATING WATER SERVICE, AMENDING WATER RATES AND BILLING PROCEDURES; REPEALING ORDINANCES 215, 225, AND 233; AND PROVIDING FOR SUSPENSION OF RULES, SEVERABILITY AND AN EFFECTIVE DATE OF PUBLICATION.

WHEREAS, the City Council desires to consolidate water service regulation for residential and commercial users and;

WHEREAS, the City Council had duly noticed public meetings and a public hearing at which required proceedings were completed.

SECTION 1: Definitions

For the purposes of this ordinance the following terms are defined.

Termination: Shall be written notice to the City that water service is no longer desired at the location stated in the notice. Any water service terminated shall not be eligible for any refund of any fees and shall be required to pay a connection fee to reestablish.

Inactive: Shall be written notice to the City that service is still desired but will not be used for a period of 12 months. Inactive services are required to pay an annual fee set by resolution by the City Council.

Equivalent Connection: Shall be equal to the ER's as determined by the Ellisport Bay Sewer District. Under no circumstances is an equivalent connection less than one ER.

SECTION 2: Water Rates

The City Council is hereby authorized to set and amend as warranted water rates, capitalization fees, installation costs and administrative fees by resolution.

SECTION 3: Connection Fees and Installation Costs

Commercial: Each new business desiring to have premises connecting to the water supply system of the City shall make an application in writing to the City Clerk using an application supplied by the City. The application at a minimum shall contain a description of the premises and uses, and shall be signed by the property owner and shall be filed in the office of the Clerk. At the time of filing such application said business shall pay to the Clerk fees as determined by Resolution. In addition to the connection fee, all expenses, including materials, meters and installations costs, incurred by the City when installing water meters and water lines to owner's property line shall be paid by property owner prior to the commencement of water service. Any difference between estimated and actual costs shall be reconciled between the City and the landowner within 30 days of completion of the installation. The owner is required to install and maintain a pressure reducing valve on the service line.

SECTION 4: Installation

The City or its authorized representative is responsible for installation of water meters and related service components.

Mainline Extension

The applicant shall be responsible for installation of the mainline to serve their property if such line does not exist. Mainline extensions shall receive prior approval by the City Council and shall be designed by a Professional Engineer licensed in Idaho an d the plans shall be submitted to the State of Idaho Department of Environmental Quality for review and comment. Said mainline extensions and any required right of ways or easements upon acceptance by the City Council, shall be dedicated to the City.

SECTION 5: Billing

Commercial: Statement amounts are due the 10th of the month. Past due accounts will be subject to disconnection. There will be a disconnection fee of fifty dollars ($50.00) and a re-connection fee of fifty dollars ($50.00).

Residential: Water accounts are billed to property owners semi-annually. Property owners failing to pay by April 30 and August 31 will have 30 days to pay the bill which will include a five dollar ($5.00) administrative charge. Property owners who fail to pay after the due date are subject to water service shut-off

Any property owner who fails to pay amounts due shall have his water service turned off. Persons who fail to connect directly to the water main, fail to pay the connection charge, allow others to connect to their water line, or otherwise violate the terms of this Ordinance, shall be subject of an assessment of three hundred dollars ($300.00) in addition to any connection fee required hereby, or shall have their water supply cut off or both. Services subject to such termination are subject to $25.00 fees for each time a service is turned on or off. Any delinquent fees or assessments shall be imposed as a lien against and upon the property and the Clerk shall, if not paid by January 1 of the following year, certify such delinquencies to Bonner County Assessor or Treasurer and when so certified, the same shall become a lien upon the property, and may be collectible as other taxes.

SECTION 6: Fee Amendments by Resolution

The City Council may set and revise fees associated with the installation of water service facilities and operation of the water system and administration of this Ordinance by resolution without invalidating the remainder of this Ordinance. Revisions greater than 5% require public notice and public hearing prior to such resolutions. the City Council shall, at a minimum, review annually the fees established for operation, maintenance and connections. A copy of the resolution duly entered by the City Clerk shall be kept on file in the office of the City Clerk for use and examination by the public.

SECTION 7: Suspension of Rules and Regulations

No employees or representative of the City of Hope 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 8: Transfer of Connections

Connections may be transferred only with City Council approval of a written request by the property owner to the City Council requesting transfer of connections between properties with the same ownership.

SECTION 9: Severability

If any section, subsection, sentence, clause, phrase or word of this Ordinances declared to be invalid by a court of competent jurisdiction such declaration shall not affect the validity of the remaining portions of this Ordinance.

SECTION 10: Effective Date

This Ordinance shall be in full force and effect upon passage, approval and publication of this Ordinance or summary thereof in one issue of the Bonner County Daily Bee, a newspaper of general circulation, published in the City of Sandpoint, IDaho, and the official newspaper hereof.

Passed under suspension of the rules and duly enacted as an Ordinance of the City of Hope, Idaho, at a regular meeting of the City Council of said City on this 9th day of November, 2005.

Lawrence Keith, Mayor

Attest:

Shirley Ramey, City Clerk

Legal SNP#7453

November 30, 2005