Georgetown Idaho

ORDINANCE NO. 57

AN ORDINANCE OF THE CITY OF GEORGETOWN, IDAHO RELATING TO THE MUNICIPAL WATER SYSTEM; PRESCRIBING REGULATIONS FOR CONNECTION AND OBTAINING SERVICE FROM THE MUNICIPAL WATER SYSTEM; ESTABLISHING THE RULES GOVERNING THE INSTALLATION OF FACILITIES FOR SERVICE FROM THE SYSTEM; REGULATING THE OPERATION OF THE MUNICIPAL WATER SYSTEM; PRESCRIBING FEES, CHARGES AND ACCOUNTING PROCEDURES FOR THE MUNICIPAL WATER SYSTEM; PRESCRIBING PROCEDURES FOR THE DISCONTINUANCE OF WATER SERVICE; PROHIBITING CERTAIN CONDUCT THAT INTERFERES WITH EFFICIENT OPERATION OF THE WATER SYSTEM; PROVIDING FOR ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE; RATIFYING SERVICES PROVIDED AND REVENUES RECEIVED PRIOR TO ENACTMENT OF THIS ORDINANCE; REPEALING FROM THE EFFECTIVE DATE OF THIS ORDINANCE ALL PRIOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GEORGETOWN, IDAHO, AS FOLLOWS:

Section 1: CONNECTION TO AND OBTAINING SERVICE FROM THE MUNICIPAL WATER SYSTEM.

A. Mandatory Connection: All owners of lots or properties, with buildings, structures or residences located thereon, used for human occupancy, which are located within the city of Georgetown, Idaho, shall construct or cause to be constructed adequate private service lines to connect said buildings, structures or residences to the nearest accessible mainlines of the municipal water system within sixty (60) days after the effective date of this ordinance, provided that said water mainline is within 100 feet of the property line of said property to be connected thereto.

B. Application for Connection and Service. No connection to the municipal water shall be established until the owner (or his duly authorized agent) of the lot, property, building, or residence in question has submitted to the city Clerk an application for water connection and service, and until such owner (or agent) has demonstrated compliance with all applicable provisions of this ordinance.

Prior to any person being permitted to connect any premises to said water system of the city of Georgetown, Idaho, said person desiring connection to said water services shall cause to be paid to the city all past due water accounts owing.

(1) All applications for water connection and service shall be made at the office of the city Clerk; and the applications shall set forth the date of the application; name of the owner (or agent); size of connection requested; description and address of the property to be served; purpose for which service is to be used; address for mailing of billings; signature of the owner (or agent) agreeing to conform to the ordinances, rules and regulations of the city of Georgetown; and such other information as the City may require. The occupant of the property is presumed either to be the owner of such property or to be the owner’s duly authorized agent, and the owner shall be bound by the actions and representations of such occupant.

(2) An application, containing the above information, shall be required for any change in a water connection, made at the request of the property owner (or agent), and the cost of such change shall be borne exclusively by said owner (or agent).

(3) SEE ATTACHED AMENDMENT. If application is made for a connection that requires extension of water mains, either within or without the City, such application shall be referred to the City Council. The city Council shall determine whether the application shall be granted, and if granted, the terms and conditions upon which the extension shall be made. Subdividers of newly partitioned properties will assume all costs of water main extensions. Water mains outside the city limits shall be extended only at the expense of the customers to be served. Provided, one such condition of the authorization of an extension shall be that the extended water main shall become and remain at all times the sole and exclusive property of the city. Extensions of water mains inside and outside the city limits shall be installed by the city or by contractors approved by the City. The installation procedures and materials used shall be in accordance with standards prescribed by federal or state of Idaho law, or by city ordinance, rule, or regulation.

C. Temporary Service Connections. For water service of a temporary nature, applicants shall be required to pay in advance his water bill based on the current rate schedule, or he shall otherwise establish satisfactory credit.

(1) 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.

(2) 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.

(3) Installation Charge and Deposits. The applicant for temporary service will be required:

a. To pay the City, in advance, the estimated cost of installing and removing all facilities necessary to furnish each service.

b. 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.

D. Connection Fee. An application for water connection and service shall be accompanied by payment in cash, certified check or money order of the sum of $200.00 see schedule “A”, as the connection fee for water connection. The connection fee shall be retained by the City to defray the cost of reviewing the application, conducting such inspections as this ordinance or the circumstances of the proposed connection may require, opening the service account and other administrative actions.

Section 2: INSTALLATION OF WATER SERVICE FACILITIES.

A. Costs and Standards. All installations of connections with the municipal water system shall be made at the owner’s (agent’s) expense and shall comply with the requirements set forth in applicable national plumbing codes and such other standards as are prescribed by the State of Idaho or City Ordinance or Resolution. The size of private water service lines shall not exceed a diameter of 3/4 inch.

B. Compliance with Standards. The City may, through its employees or persons or firms under contract to the City, inspect connections made to the municipal water system. The applicant for connection shall provide the city inspector, or in his absence, a member of the City Councilor Mayor, with forty-eight (48) hours notice of the applicant’s proposed connection to the city water main. The applicant shall not cover any pipeline or connection until the inspection is made and the work approved by the City. Notwithstanding the provision in this subsection for inspections, any applicant, or his successor, who installs any pipeline or connection in a manner violative of the codes and standards set forth shall cause corrections to be made at his own expense promptly following demand by the City.

The City may refuse to furnish water and may discontinue service to any premises without prior notice where plumbing facilities, appliances or equipment using water are dangerous, unsafe, or not in conformance with national, state or local plumbing codes and ordinances.

C. Seperate Service. Each lot, property, building or residence using or consuming water through the water system shall be served by a separate private water service line. Lots with single-individual taps or hydrants shall have separate service from existing city water system and fee schedule as per Schedule “A”.

D. Freezing. Leaks and Blockages. All private service lines shall be placed at the direction of the city at whatever depth is necessary in order to avoid freezing. The owner (agent) or consumer shall be responsible for all freezing, leaks, blockages and damages caused thereby to private service lines. The city shall be responsible for all freezing, leaks and blockages in water mains.

E. Responsibility of Owner (or Agent). The property owner (or agent) shall be responsible for all installation, repair and maintenance of private service lines from the curb stop, that being a point immediately adjacent to and outside the property boundary line of the owner or agent.

Section 3: OPERATION OF MUNICIPAL WATER SYSTEM.

A. Ownership of Facilities. Ownership of all shut-off valves, water mains, extensions, and appurtenant equipment maintained by the City shall be vested in the city; and in no case shall the owner (or agent) of any property or premises have the right to own, install, maintain, tamper with, claim or reclaim, operate, remove or damage any part thereof.

The city’s equipment, water mains, water lines, extensions, and appurtenant equipment to said facilities which may be located upon the owner’s (agent’s) premises shall remain the property of the city and may be repaired, replaced, or removed by the City’s employees at any time without consent of the owner (agent). The city shall not be liable to the owner or his agent for any damages occasioned by acts of the city, its employees, officers, agents and contractors, in the installation, maintenance, replacement, removal or repair of the city equipment, mains, lines, or extensions upon his premises.

The owner, agent or customer, of said water services shall be liable for any damage to equipment or other facilities owned by the City which may be caused by an act of the owner, agent, or customer, his tenants, agents, employees, contractors, licensees or permitees.

B. Interruption of Service. The city reserves the right at any time, upon reasonable notice when circumstances permit, or without notice when notice cannot feasibly be given, to interrupt or terminate the water supply when necessary for repairs, extensions, other work on the system, or non-payment of fees or charges; and the city shall not be responsible for any damages resulting from such interruption or termination.

C. Access to Premises. Employees of the City and persons under contract with the City, properly identified, shall have free access at reasonable hours to all property or premises receiving services from the water system of the City for the purpose of inspecting the connection of the mainlines, service lines, fixtures, or other system facilities, or the manner in which water is used by the owner or occupant of the property. The city shall have no duty to inspect the customer’s line or equipment and shall not be liable for any failure to so inspect.

D. Hydrants. The city shall install, maintain and keep in repair all City fire hydrants and shall control such hydrants. No person other than a duly authorized employee of the city, or individual serving under contract to the city, shall open, draw water from, damage, tamper with, change or interfere in any manner with the City’s fire hydrants or the valves connected therewith.

Section 4. WATER SERVICE CHARGES AND ACCOUNTING PROCEDURES.

A. Water Service Charges. The following charges shall be imposed for use or consumption of water from the municipal water system according to the schedule attached hereto as Schedule “A”.

B. Termination of Water Service, Charges, Protest Procedure.

(1) All rates and charges for water services shall be due and payable by the recipient thereof or the owner of the property to which the same is supplied within ten (10) days after the first day of each month, and if not paid within twenty (20) days after the first day of each month, the same will be delinquent. The city Clerk shall send notice advising the recipient of the water service that if said charges are not paid by the first city council meeting of the following month that water service to the delinquent premises shall be terminated. Water services to said premises shall be terminated on the day following the first council meeting of the following month that the account becomes delinquent unless the recipient of said water service requests a hearing and appeal as hereinafter set forth in this section.

(2) Any person or persons who contest any charge as being excessive or complain of being charged for services not rendered or seek to protest a proposed termination of water services as being unjustified shall have the right to request in writing an informal hearing before the Mayor or his designee any time within twenty (20) days after the first day of the month when the billing becomes due or within seven (7) days after the city Clerk has mailed notice of the proposed termination of water services. The Mayor or his designee shall, upon receipt of the request for hearing, immediately schedule an informal hearing to be held at the city Hall, at which time the person protesting shall be given the opportunity to present evidence in support of his position. The Mayor or his designee shall take evidence from the city Clerk or his designee as to the reasonableness, fairness, and validity of the charges and shall render his decision within twenty-four (24) hours after Closing the hearing and shall notify the complainant of his decision.

(3) If the person so protesting feel aggrieved by the decision of the Mayor or his designee, he may appeal that decision to the City Council so long as said appeal is filed, in writing, with the City Clerk within five (5) days after the decision is rendered by the Mayor or his designee. After an appeal has been filed, the city council shall consider the appeal at the first council meeting of the month following the month in which the account became delinquent or at such other time as deemed convenient by the City Council. The City Clerk shall notify the complainant of the time and place that the city Council shall consider the appeal, and the complainant shall have the right to be present at the appeal. The council shall give full consideration to the evidence presented by the complainant and by the city and shall render its decision after discussion of the same and shall immediately notify the complainant of its decision and of any amounts due and owing by the complainant.

(4) If the decision rendered by the Mayor or his designee, or by the city council, if appeal has been taken to that body, is adverse to the complainant, he shall immediately pay the charges or fees owing, together with a late fee of $5.00, or water services to his premises shall be terminated on the day following the date of decision rendered by the Mayor or his designee if hearing is held, or the day following the decision rendered by the city Council, if appeal is taken. No water services shall be terminated during the course of the hearing or appeal procedure described in subsections 2 and 3 of this section.

(5) Once water service is terminated, the person or persons desiring resumption of water services shall pay a reconnection fee of $50.00, together with all arrearages due and owing the city, before services shall be resumed.

C. Billings. with the approval of the City Council, the city Clerk-Treasurer shall establish a date or series of dates on which water service bills are sent to owners (or agents) of property or premises using or consuming water from the municipal water system. Billings shall be rendered according to that schedule, and shall be paid within ten (10) days from the first day of the month of each and every month. If the owner (or agent) does not pay the amount owed within twenty (20) days after the first day of the month, the city Clerk-Treasurer shall cause notice to be given to the Mayor of the city, and the Mayor shall cause water service to the premises which is delinquent in payment of water charges, to be disconnected from the water supply unless hearing has been requested as set forth in this Section.

D. Lien and Collection of Delinquencies. Any delinquency in payment of water fees shall become a lien against the real property to which water services were furnished, upon recording, at the office of the Bear Lake County Recorder, the City Clerk-Treasurer’s sworn certification of the delinquency. The city may collect such delinquency by commencement of a civil action, and, if such action prevails, the city shall be entitled to award of its costs and a reasonable attorney’s fee. When a delinquency has been recovered following recording of a lien, satisfaction of the lien shall be recorded. In the alternative to collecting by commencement of a civil action, the city Clerk may certify under oath the amount of the delinquency to the Treasurer of Bear Lake County, who shall, upon receiving such certification, assess said sum against the premises served and collect and pay over to the city said sum in the same manner as other taxes are assessed, collected and paid over. Interest on unpaid bills shall run from the due date thereof at the rate of 12% per annum.

Section 5: PROHIBITED CONDUCT.

A. Waste. No owner, agent or other person shall waste water or allow water to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets, or other fixtures, or use a water closet without self-closing valves or use water in violation of any city ordinance regulating the use of water.

B. Work on city streets, Property or Rights-of-Way. No owner, agent, contractor or other person shall perform any work in relation to the municipal water system in or upon any city street, property or right-Of-way, without furnishing the city a plan of work contemplated and securing from the city approval for the work to be performed. The City may prescribe such terms and conditions, including the provision of an appropriate bond or other reasonable security as the circumstances may warrant.

C. Tampering with System. No person, unless duly authorized by the City shall disturb, interfere with, or damage any water main, water pipe, machinery, tool, hydrant, appurtenance, appliance, building, improvement or other facility belonging to, or connected with, said water system of the city.

D. Foreign Substances. No person, unless duly authorized by the city, shall place, or cause to be placed, any substance of any kind into the water stored or transmitted in the municipal water system.

E. Connections or Resumption. No owner, agent, contractor, or other person shall cause any property or premises to be connected to the municipal water system except in compliance with this ordinance, nor turn on or resume without permission of the City any water service that has been interrupted or terminated for any reason.

F. Obstruction of Access. No person shall obstruct or cause or allow any obstruction to, the access to any fire hydrant, water main, water pipe, machinery, tool, appliance, building improvement or other facility of the municipal water system.

Section 6. ENFORCEMENT.

A. Deprivation of Water Services. If the city determines that any owner (or agent) of property or premises that are or could be served by the municipal water system or any contractor or other person acting at the direction of the owner (or agent) of property or premises that are or could be served by the municipal water system or any contractor or other person acting at the direction of the owner (or agent) has engaged in any of the prohibited conduct enumerated in section 5 of this ordinance, or has otherwise violated the provisions of this ordinance, the city may give notice in writing to such owner (or agent) that water services will be withheld or terminated, unless the owner (or agent) applied in writing within twenty (20) days for a hearing before the city council and during that hearing shows cause why he should not be deprived of water services. In making its determination, following such a hearing, the City Council may direct that water services be withheld or terminated, that water services be furnished, or that water services be furnished upon such terms and conditions as the council finds reasonably necessary to protect the municipal water system. In addition thereto, the city shall have the right to immediately terminate water services to a premises, without hearing, if the City determines that continuance of water services would constitute a threat or danger of injury, bodily harm, or death to persons or damage to property.

B. Criminal Penalties. It shall be unlawful for any person to engage in any prohibited conduct enumerated in the foregoing sections, or to violate any of the provisions of this ordinance. Such offenses shall be punishable by confinement in the county jail for a period not to exceed six (6) months or by a fine not to exceed $300.00, or by both such fine and imprisonment. Each day that such prohibited conduct or violation occurs or continues shall be deemed a separate offense. In the event of such prohibited conduct or violation, the city, in addition to or in lieu of such criminal prosecution, may bring an action for damages and/or injunctive relief; and, if the City prevails in such action, it shall be entitled to an award of its costs and a reasonable attorney’s fee.

Section 7. RATIFICATION. All water services furnished, fees, revenues collected, and all other action taken with respect to the city’s municipal water system prior to the effective date of this ordinance, is hereby ratified. Rates and fees (as previously adopted by the city) to be paid by consumers of water from the city water system shall remain in effect until the effective date of the rates set forth in this ordinance.

Section 8. REPEAL OF CONFLICTING ORDINANCES. All ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict.

Section 9. SEVERABILITY. If any provision contained within this ordinance should be held invalid by any court of competent jurisdiction, such holding shall not affect the validity of any of the remaining provisions of this ordinance.

Section 10. EFFECTIVE DATE. The requirement that ordinances be read on three separate occasions is hereby dispensed with, and this ordinance shall become effective upon its passage, approval and publication as provided by law, except as to the rates set forth in Schedule “A” of this ordinance which shall be in effect from and after August 2, 1990.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR of the city of Georgetown, Idaho, this 2nd day of August, 1990.

CITY OF GEORGETOWN, IDAHO

By Mayor

ATTEST:

City Clerk

Section 11. EFFECTIVE DATE. The requirement that ordinances be read on three separate occasions is hereby dispensed with, and this ordinance shall become effective with the changes made, upon its passage, approval and publication as provided by law, except as to the rates set forth in Schedule “A” of this ordinance which shall be effective from and after September 1, 1994 .

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR of the City of Georgetown, Idaho, this 3rd day of May, 1994.

CITY OF GEORGETOWN, IDAHO

Joseph W. DeClark, Mayor

ATTEST:

Sharon L. Wilcox, City Clerk

SCHEDULE “A”

1. Each building, home, single family residence, mobile home, or structure connected to said municipal water system or required to be connected to the municipal water system pursuant to this ordinance, shall pay a base monthly fee or charge for the use of water from said system of $19.50. An additional sum of $19.50 per month shall be paid by the owner or agent of said property for each additional unit within a building, residence, or other structure. The city council shall determine from time to time, by resolution, the number of units per building or structure and said fee or charge shall be based on said determination.

2. Multiple family residences shall be considered to be a building or structure in which resides more than one family and in which exists separate living spaces having their own water facilities. While such a structure may be connected to the municipal water system by a single water service line, each family residing therein shall be assessed the base water user rate of $19.50 per month.

3. The water connection fee shall be $200.00.

Note: Changed 5/18/1994

AMENDMENT TO ORDINANCE #57

SECTION 1; SUBPARAGRAPH “D”

D. CONNECTION FEE: An application for water connection and service shall be accompanied by payment in cash, certified check or money order of the sum of $1,500.00 as the connection fee for water connection. The connection fee shall be retained by the City to defray the cost of reviewing the application, conducting such inspections as this ordinance or the circumstances of the proposed connection may require, opening the service account and other administrative actions.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR of the City of Georgetown, Idaho, this 2nd day of January 2007.

City of Georgetown, Idaho

By: Albert K. Johnson, Mayor

Attest:

Marty Nate, City Clerk

AMENDMENT TO ORDINANCE #57

SECTION 1; SUBPARAGRAPH “D”

D. CONNECTION FEE: An application for water connection and service shall be accompanied by payment in cash, certified check or money order of the sum of $1,500.00 as the connection fee for water connection. The connection fee shall be retained by the City to defray the cost of reviewing the application, conducting such inspections as this ordinance or the circumstances of the proposed connection may require, opening the service account and other administrative actions.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR of the City of Georgetown, Idaho, this 2nd day of January 2007.

City of Georgetown, Idaho
By: Albert K. Johnson, Mayor

Attest:

Marty Nate, City Clerk

A HAND OUT WAS PASSED TO THOSE ATTENDING THE MEETING (HAND OUT IS ENCLOSED WITH MINUTES) AND MAYOR JOHNSON EXPLAINED THE WATER SYSTEMS NEED FOR AN INCREASE IN RATES. COUNCILMEMBER KARL BARTSCHI READ AN ARTICLE FROM THE IDAHO STATE JOURNAL RELATING TO WATER RATE INCREASES. BOTH HE AND COUNCILMEMBER ANNELL WILLIAMSON HAD GATHERED INFORMATION FROM SEVERAL CITIES REGARDING WATER RATES. WITH THE INCREASE IN FUNDS BORROWED FOR THE SPRING RECONSTRUCTION AND THE CHANGES IN THE WELL HOUSE PROJECT, THE COUNCIL HAD NO OTHER ALTERNATIVE THAN TO RAISE THE RATES TO MEET THOSE BORROWED OBUGATIONS. COUNCILMEMBER KARL BARTSCHI MADE MOTION THE COUNCIL RAISE THE WATER RATE PER HOOKUP TO $32.00 PER MONTH AND THE SEWER RATE PER HOOK UP TO $18.00 PER MONTH BEGINNING JANUARY 2003. COUNCILMEMBER CHRIS PRICE SECONDED THE MOTION. ALL WERE IN FAVOR AND THE MOTION CARRIED THE COUNCIL. DAMERON PARRISH HANDED THE COUNCIL A WATER FILTER HE HAD RETRIEVED FROM HIS RESIDENCE. THE FILTER WAS RED IN COLOR AND LOOKED REAL NASTY. HE HAS BEEN GETTING THIS TYPE OF WATER AND REPLACING WATER FILTERS APPROXIMATELY EVERY TWO WEEKS SINCE THE CITY PUMPED FROM THE WELL. THE COUNCIL DISCUSSED THE SITUATION AND DECIDED THE WATER LINE RUNNING DOWN HAYES STREET NEEDED TO BE FLUSHED TO TRY AN ELIMINATE THE PROBLEM. DOUG WAS INSTRUCTED, TO PURCHASE AND INSTALL AT THE END OF HAYES STREET, A FIRE HYDRANT AND FLUSH THE WATER LINE COMING DOWN HAYES STREET TO TRY TO RESOLVE THE WATER PROBLEM AT THE PARRISH RESIDENCE. IF THE FLUSHING PROCESS DOES NOT RESOLVE THE PROBLEM, THE CITY WILL PROBABLY REPLACE THE WATER LINE IN THE SPRING. COUNCILMEMBER ANNELL WILLIAMSON TOLD COUNCIL MEMBERS, GRANTS ARE AVAILABLE FOR PAVING STREETS WITHIN CITY LIMITS. SHE FELT THE COUNCIL SHOULD LOOK AT PAVING ONE STREET PER YEAR. KIRBY PRICE TOLD THE COUNCIL ABOUT THE TRIP TO AUSTRALIA SHE HAD TAKEN IN JULY. SHE SHOWED SOME PICTURES AND SOUVENIRS FROM THE “COUNTRY DOWN UNDER”. SHE EXPRESSED HER APPRECIATION TO THE COUNCIL FOR THE MONEY THEY CONTRIBUTED TO HER TRIP.

DOUG REVIEWED WITH THE COUNCIL A RUN-DOWN OF HIS DUTIES FOR THE MONTH. HE DELIVERED WATER SHUT OFFS, ORDERED AND INSTALLED A NEW SOLAR PANEL FOR THE CHLORINATOR BUILDING, FLUSHED SOME FIRE HYDRANTS, POURED SOME CONCRETE, SHEET ROCKED AND PAINTED THE BACKROOM, PATCHED ROADS, INSTALLED SIGNS, CHECKED OUT THE CHLORINATION SYSTEM FOR THE SEWER PLANT, SENT BACK THE GAS CHLORINE CYLINDERS, DUG 2 GRAVES AND WILL ATTEND SCHOOL NOVEMBER

 

AMMENDMENT TO ORDINANCE #57 Dated April 15, 2015

CITY OF GEORGETOWN, STATE OF IDAHO
ORDINANCE No. _57_

AN ORDINANCE OF THE CITY OF GEORGETOWN A MUNICIPAL CORPORATION OF IDAHO, AMENDING ORDINANCE NUMBER 57, TO PROHIBIT ANY EXTENSION OR ADDITIONAL HOOK-UPS TO THE CITY’S MUNICIPAL WATER SYSTEM TO ANY PROPERTY OUTSIDE OF THE GEORGETOWN CITY LIMITS; ALSO PERMITTING EXTENSIONS AND/OR HOOK-UPS ALREADY IN USE; AND PROHIBITING EXPANSION OF ANY SUCH EXISTING USE; THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW.

Whereas, the City provides a Municipal Water System, for the purpose of providing municipal water to its citizens; and

Whereas, Ordinance #57 requires all owners of lots or properties, with buildings, structures or residences located thereon, used for human occupancy, which are located within the City of Georgetown, Idaho, to be connected to the Municipal Water System; and

Whereas, the City of Georgetown’s water resources are finite and limited; and

Whereas, the City of Georgetown has an interest to preserve its water resources for its citizens; and

Whereas, on September 2, 1993 the City Council upon discussing the issue of approving additional hook-ups, moved for and approved a moratorium on all further “out of city hook-ups”; and

Whereas, Ordinance #57 permits extension of the Municipal Water System outside of the city limits with approval of the City Council;

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF GEORGETOWN; STATE OF IDAHO AS FOLLOWS:

Section: 1: Section 1(A) of Ordinance #57 shall be amended as follows:

A. Mandatory Connection: (1) All owners of lots or properties, with buildings, structures or residences located thereon, used for human occupancy, which are located within the City of Georgetown, Idaho, shall construct or cause to be constructed adequate private service lines to connect said buildings, structures or residences to the nearest accessible mainlines of the municipal water system within sixty (60) days after the effective date of this ordinance, provided that said water mainline is within 100 feet of the property line of said property to be connected thereto.

(2) Prohibited Hook-ups: There shall be no extension of the City’s Municipal Water System outside of the Georgetown City Limits. All current hook-ups existing and in use, outside of the City limits as of the effective date of this Amendment shall be permitted, however; no expansion of the use shall be permitted, beyond what is currently being used. Failure to use any hook-up for a period of one (1) year shall constitute an abandonment of the hook-up and the City shall be free to terminate the same.

Section: 2: Section 1(B)(3) of Ordinance #57 shall be amended as follows:

If application is made for a connection that requires extension of water mains, either within or without the City, such application shall be referred to the City Council. The City Council shall determine whether the application shall be granted, and if granted, the terms and conditions upon which the extension shall be made. Subdividers of newly partitioned properties will assume all costs of water main extensions. Water mains outside the city limits shall be extended only at the expense of the customers to be served. Provided, one such condition of the authorization of an extension shall be that the extended water main shall become and remain at all times the sole and exclusive property of the city. Extensions of water mains inside and outside the city limits shall be installed by the City or by contractors approved by the City. The installation procedures and materials used shall be in accordance with standards prescribed by federal or state of Idaho law, or by City ordinance, rule, or regulation.

Section 3: This Ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.

Section 4: One half (1/2) plus one (1) of the members of the full council agree to dispense with the rule requiring the reading of this ordinance on three (3) separate occasions.

Section 5: If any portion of this ordinance is determined by a Court of competent jurisdiction to be invalid or unenforceable, all other provisions of this ordinance shall remain in full force and effect.

PASSED AND APPROVED by the Mayor and the City Council of the City of Georgetown, Bear Lake County, Idaho, this _7th_ day of April, 2015.

(s) Robert W. Van Cleave, Ph.D., Mayor

ATTEST:
(s) Lynette Smith, City Clerk

PUBLISHED: April 15, 2015