ORDINANCE #251
AN ORDINANCE FOR THE CITY OF HOPE, BONNER COUNTY, IDAHO, REGULATING WATER SERVICE, AMENDING WATER RATES AND BILLING PROCEDURES; REPEALING ORDINANCE 215, 225, 233, AND 245; AND PROVIDING FOR SUSPENSION OF RULES, SEVERABILITY AND AN EFFECTIVE DATE OF PUBLICATION.
WHEREAS, the City Council desires to consolidate water service regulations 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:
Equivalent Connection: (New Definition); Each RESIDENTIAL SERVICE is considered one (1) Equivalent Connection (EC) unit. The Commercial base rate shall be determined by the maximum water used in a month of the calendar year divided by 6000 gallons for the month and rounded up to the next whole number.
Commercial properties will pay a base rate times the number of Equivalent Connections (ECs) calculated from the highest water usage in any one month of the previous calendar year plus consumption.
A commercial EC is based on one EC for each 6,000 gallons of usage
All residential properties are considered as one (1) Equivalent Connection (EC) unit.
Connection Fee: In order for new connections to properly capitalize the system equivalent tot he existing users the capitalization fee shall be $6385.00 for each equivalent connection to the water system.
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.
All fees and charges received and collected under authority of this ordinance shall be deposited and credited to a special fund to be designated as the Water Revenue Fund. The accounts of the Fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair and capital outlay of the water facilities, including the payment of bonds issued to finance such capital outlay. When budgeted and appropriated, the funds and credits to the account of the Water Revenue Fund shall be available for the payment of the requirements for the maintenance, operation, repair and upkeep and improvement of the water system and distribution facilities of the City, including the payment of bonds issued therefore, and shall be handled as required by this Ordinance
The rules and regulations applicable to the Water Division of the City may be adopted by resolution of the Mayor and City Council.
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 fees as determined by Resolution. IN addition to the connection fee, all expenses, including materials, meters and installation costs, incurred by the City when installing water meters and water line to the 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 City will install and maintain a pressure reducing valve on the service line if required.
Residential: Land owners desiring to have property connected 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. Said application shall contain a description of the premises, and shall be signed by the owner of the premises to be served, and shall be filed in the office of the Clerk. Said application shall be accompanied by a fee payment to the Clerk as determined by Resolution. All new construction served by a new water connection shall be required to install a water meter. In addition to the connection fee all expenses, including materials, meters and installation costs estimated to be incurred by the City when installing water meters and water line to the 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 City will install and maintain a pressure reducing valve on the service line if required.
SECTION 4: Installation
The City or its authorized representative is responsible for installation of water meters and related service components.
Service Installation
At the time a building permit application is filed with the City or County of Bonner for an improvement to be served by the Hope water system, a connection fee shall be charged the applicant, which fee shall be in the amount as shown in Resolution 167 attached to the ordinances codified in this Section and kept on file in the office of the City Clerk, and by reference made a part hereof, or such other amount as may hereafter be determined by resolution of the Mayor and City Council of the City, after notice and hearing, as provided for the amendment of rates, schedules, rules, and regulations, by this Chapter.
Mainline Extension
The application 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 and 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 quarterly. Property owners failing to pay 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.
In case of nonpayment or delinquency in the payment of water charges or fees imposed, the City or other appropriate designee of the City is authorized and directed to, upon ten (10) days' notice to the owner, occupant or person in charge of the premises, disconnect the water connection with the water system of the City, and such connection shall remain disconnected until such delinquent fees and a reconnection fee as may be established by resolution of the City Council, have been paid to the Treasurer.
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 the 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.
The rules and regulations applicable to the Water Division of the City may be adopted by resolution of the Mayor and City Council.
SECTION 7: Suspension of Rules and Regulations
No employee or representative of the City of Hope is authorized to suspend or alter any of the policies, rules and regulation 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 Ordinance is 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: CROSS-CONNECTION
No person shall be permitted to discharge water into the City water system.
1. Any person, property owner, occupant, tenant or water user violating the provisions of this Section shall, upon notice by the City or other appropriate designee of the City, immediately take any steps necessary to stop interconnection as required by this Section.
2. Any person violating the provision of this Section is guilty of a misdemeanor, and each day shall be deemed to constitute a separate offense; the water connection may be disconnected as provided in Section B.
SECTION 11: Effective Date
This Ordinance shall be in full force and effect upon January 1, 2007, 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 13th day of December, 2006.
Lawrence Keith, Mayor
Attest:
Shirley Ramey, City Clerk
Legal SNP# 8326
December 21, 2006
CITY OF HOPE
BONNER COUNTY, IDAHO
RESOLUTION #167
A RESOLUTION SET FORTH BY THE CITY OF HOPE ESTABLISHING WATER RATES FOR USE OF THE CITY'S WATER SYSTEM; THE RESOLUTION PROVIDES FOR AN EFFECTIVE DATE; PROVIDING FOR OTHER MATTERS RELATING THERETO:
Whereas; the City of Hope is applying for federal financing in order to fund improvements to the water system and the conditions of that financing require that the City establish a rate schedule for water use; and
Whereas, the City of Hope has enacted an ordinance regarding water rates and uses such matter which incorporates a resolution regarding water rates
NOW, THEREFORE, be it resolved by the City Council of Hope, Bonner County, Idaho shall adopt the following water rates effective January 1, 2007:
As used herein, an EC is based on a single family residential connection. One EC is 6,000 gallons of usage per moth. The Commercial base rate shall be determined by the maximum water sued in a month of the calendar year divided by 6000 gallons for the month and rounded up to the next whole number.
I. RESIDENTIAL
Unmetered
The residential Rate for Water shall be equivalent to $30.00 dollars per month for unmetered service paid quarterly.
Billing shall be mailed quarterly
II. COMMERCIAL:
Commercial properties have the opportunity to commit contractually to increase the number of City of Hope EC's up to the number of ER's previously assessed to their property by The Ellisport Bay Sewer District ("EBSD") or based upon the actual water usage during the past year (2006). This number will be the property's EC base rate and use shall not exceed this base rate. If use does exceed this base rate, the property owner shall be required to purchase addition capacity as provided herein. Such contracts shall be executed no later than March 31, 2007. Such contract shall also contain a provision that the property owner must pay the base rate from the date of adoption of the resolution to execution of the contract, which base rate is currently $30.00 and an additional $1.20 per 1000 gallons if use.
In the event a property owner refuses or fails to pay the EC assigned to his commercial property, the property owner shall be considered to have surrendered a claim for any additional EC's. If future EC's are required, the property owner shall pay the applicable connection fee.
If a commercial property consumes more water in a month during a calendar year than the property's base EC usage rate, the property must purchase one capitalization unit for each EC above the number of EC's assessed for that year, and that EC number becomes the base rate for the future. The EC's shall be reviewed annually by November 1st for the next calendar year.
Billing shall be mailed monthly and shall be due the 10th of the month.
III. CONNECTION FEE:
In order for new connections to properly capitalize the system equivalent too the existing users the capitalization fee shall be $6385.00 for each equivalent connection to the water system.
IV. INACTIVE CONNECTIONS
Inactive connections are connections where the user has paid for a connection but never hooked into the system. From the effective date of this Resolution all inactive connections shall have one-year to connect to the system without paying any additional connection fee. If a property owner who previously paid a connection fee does not connect, within this one year period, such owner shall pay the current connection fee owed at the time of such connection, less any previous amount paid. Attachment (A) are those properties that are considered inactive connection under this provision.
V. METERS
The cost of meters and material installation to the property line will be paid by the city for unmetered properties that are currently active or inactive paying residential customers.
VI. CHANGE OF USE
A user may submit an application to the Council for change in use from commercial to residential and vice-versa if the use of the building changes. Such change of use does not entitle the property owner to any reimbursement for previously paid fees.
VII. APPURTENANT TO LAND
Applications for connections shall include the property that the connection will be serving as defined in the Ordinance. Property owners are not entitled to transfer connections to different properties than the property that was to be served at the time the application was received and approved.
The effective date of this provision shall be January 1, 2007
Passed this 13th day of Dec. 2006.
Lawrence Keith, Mayor
Shirley Ramey, City Clerk
ATTECHMENT A
RESOLUTION #167
TOM NEWBILL - 3
BILL BREEN - 1
TOM CLARK - 1
ROYAL SHIELDS - 1
VALERIE PLASTER - 1
ALBERT LOWE - 1
Legal SNP# 8327
December 21, 2006
SUMMARY OF KOOTENAI ORDINANCE NO. 163 AMENDING THE KOOTENAI ZONING MAP FOR THE LAND DESCRIBED IN
SECTION 1 OF THE
ORDINANCE
COMMERCIAL/INDUSTRIAL ZONING
The city of Kootenai , Idaho, hereby gives notice of the adoption of Kootenai Ordinance No. 163, the Coldwater Creek Zoning Ordinance, amending the zoning designation of the following property to be Commercial/Industrial.
That portion of the Southeast Quarter of Section 2, Township 57 North, Range 2 West, B.M., City of Kootenai, Bonner County, Idaho more particularly described as follows:
BEGINNING at the southeast corner of said Southeast Quarter of Section 2;
Thence S89°36'52"W along the south line of said Southwest Quarter, a distance of 656.87 feet;
Thence N00°40'24"W, 313.03 feet;
Thence S89°36'52"W, 313.03 feet;
Thence N00°40'24"W, 268.12 feet to the southerly right-of-way line of the Spokane International Railroad;
Thence N37°59'03"E along said southerly right-of-way, a distance of 757.09 feet;
Thence N89°19'36"E, 496.96 feet to the east line of said Southeast Quarter;
Thence S00°40'24"E along said east line, a distance of 1177.23 feet to the POINT OF BEGINNING.
The ordinance further provides that the official zoning map of the City shall be changed to depict the zoning authorized hereby and provides that the amendment to the zoning shall be in effective upon publication of this summary. The full text of the summarized Ordinance No. 163 is available at 204 Spokane Street, Kootenai, Idaho 83840 in the office of the City Clerk.
Mary Luzmoor, City Clerk
Legal SNP# 8325
December 21, 2006
SUMMARY OF KOOTENAI ORDINANCE NO. #162
The city of Kootenai, Bonner County, Idaho, hereby gives notice of the adoption of Kootenai Ordinance No. _162_ annexing a parcel of property located in Section 1, Township 57 North, Range 2 West, Boise Meridian, Bonner County, Idaho, and zoning said land as Residential.
Such lands are more particularly described as follows:
Being a parcel of land located in the Northwest Quarter of Section 1, Township 57 North, Range 2 West, Boise Meridian, Bonner County, Idaho more particularly described as follows:
BEGINNING at the northeast corner of Lot 21 of Mike's Place according to the plat thereof recorded at Book 7 of Plats, Page 235, being also a point on the south boundary line of Hollyford - Phase One, according to the plat thereof recorded at Book 4 of Plats, Page 48;
thence N89°27'31"E along said south boundary line of Hollyford - Phase One, a distance of 696.96 feet to the west right of way line of North Kootenai Road;
thence S0°45'00"E along said west right of way line, a distance of 125.00 feet to its intersection with the north right of way line of Rebecca's Way as shown on said plat of Mike's Place;
thence S89°27'31"W along said north right of way line, a distance of 696.96 feet to the southeast corner of said Lot 21;
thence N0°45'00"W along the east line of said lot, a distance of 125.00 feet to the POINT OF BEGINNING.
The ordinance further provides that the official zoning map of the City shall be changed to depict the zoning authorized hereby and provides that the annexation and zoning shall be effective upon the publication of this Summary. The full text of the summarized Ordinance No. 162 is available at Kootenai City Hall, 204 Spokane St., Kootenai, Idaho, in the office of the City Clerk.
Mary Luzmoor, City Clerk
Legal SNP# 8324
December 21, 2006
Notice of Grant Request Proposal
USDA - Forest Service
Idaho Panhandle National Forests
The Idaho Panhandle National Forest is in the process of applying for grant funds through the Idaho Department of Parks and Recreation Grants Program. The proposed project activities are located on the Bonners Ferry Ranger District.
Recreation Trail Grant Program : Rehabilitate 4.5 miles of the Myrtle Lake Trail #286, and rehabilitate 17 miles of the Canyon Creek Trail #16.
Recreational Vehicle Program : Develop a new 6 unit group camping area at Snyder Guard Station.
For further information or to
comment contact Patricia Hart,
Bonners Ferry Ranger District
6286 Main Street
Bonners Ferry, ID, 83805
(208)267-5561
Legal SNP# 8328
December 21, 2006