20060807City of Eagle to Staff 7.pdf

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Bruce M. Smith, ISB # 3425
Susan E. Buxton, ISB # 4041
MOORE SMITH BUXTON & TURCKE, CHARTERED
Attorneys at Law
950 West Bannock Street, Suite 520
Boise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
Attorney for City of Eagle, Idaho
RECEIVED
2006 AUG -4 PH 4: 55
IDAHO PUBliC
UTILITIES COMMISSION
BEFORE THE IDAHO PUBLIC UTILIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER IDAHO INC., TO AMEND
AND REVISE CERTIFICATE OF
CONVENIENCE AND NECESSITY NO 143
Case No. UWI-06-
CITY OF EAGLE'S RESPONSE
TO IPUC'S SECOND
PRODUCTION REQUEST OF
THE COMMISSION STAFF TO
THE CITY OF EAGLE, IDAHO
COMES NOW the City of Eagle, Idaho, by and through its attorney of record, Bruce M.
Smith, and submits its Response to IPUC's Second Production Request of the Commission Staff
to the City of Eagle, Idaho. Pursuant to Commission Rule of Procedure, the documents were
prepared by Counsel and Vern Brewer and the record holder is Sharon Bergmann, City Clerk
O. Box 1520, Eagle, ID 83616 [phone].
As a general response, the City objects to any request which seeks information protected
by the attorney work product doctrine, attorney/client privilege, including information produced
or generated pursuant to the Executive Session meeting by the City.
CITY OF EAGLE'S RESPONSE TO IPUC'S SECOND PRODUCTION REQUEST OF THE
COMMISSION STAFF TO THE CITY OF EAGLE, IDAHO - 1
REQUEST NO.: In response to Staffs Request No., the City of Eagle submitted a
map labeled Exhibit 2 showing existing City-owned facilities as well as proposed facilities that
would be added to serve the Trailhead development and adjacent areas. The map references item
#5 as the Floating Feather Well (existing). Please clarify who owns the Floating Feather Well.
Was the Floating Feather Well considered when evaluating the City's ability to serve the
Trailhead development? Please reference the City's response to Request No.4 in your answer.
RESPONSE TO REQUEST NO.: The Floating Feather Well is owned by United
Water Idaho. However, the City of Eagle owns the senior water right being pumped from the
well.The City has agreements with United Water Idaho for provision of fire flows and
municipal use through the Floating Feather Well. See attached Agreement. The Floating Feather
Well was considered in evaluating the City's ability to serve.
DATED at Boise, Idaho, this day of August, 2006.
MOORE SMITH BUXTON & TURCKE
CHARTERED
~'
ruce M. SmIth
Attorney for City of Eagle, Idaho
CITY OF EAGLE'S RESPONSE TO IPUC'S SECOND PRODUCTION REQUEST OF THE
COMMISSION STAFF TO THE CITY OF EAGLE, IDAHO - 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS DAY OF AUGUST, 2006, SERVED THE
FOREGOING RESPONSE TO THE CITY OF CITY OF EAGLE'S RESPONSE TO IPUC'
SECOND PRODUCTION REQUEST OF THE COMMISSION STAFF TO THE CITY
OF EAGLE, IDAHO IN CASE NO. UWI-06-, BY MAILING A COpy THEREOF
POSTAGE PREPAID, TO THE FOLLOWING:
Dean J. Miller, Esq.
~)
u.S. Mail, Postage PrepaidMcDevitt & Miller LLP ( ) Hand Delivered
420 West Bannock Street ( ) Overnight MailPO Box 2564
( )
Facsimile
Boise, ID 83701
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
~ ) U.S. Mail, Postage Prepaid
"'" ) Hand Delivered
( )
Overnight Mail
( )
Facsimile
-...
( ) U.S. Mail, Postage Prepaid
) Hand Delivered
( )
Overnight Mail
( )
Facsimile
CITY OF EAGLE'S RESPONSE TO IPUC'S SECOND PRODUCTION REQUEST OF THE
COMMISSION STAFF TO THE CITY OF EAGLE, IDAHO - 3
WATER SERVICE CONTRACT - 2004
This Water Service Contract - 2004 (this "Contract") is made effective September 15 2004, as
provided by that certain resolution of the City of Eagle City authorizing the execution of this Contract
which resolution is substantially similar to the resolution attached hereto as Exhibit A (the
Commencement Date ), by and between The City of Eagle ("City ), an Idaho municipal corporation, and
United Water Operations Idaho Inc. ("Contractor ), an Idaho corporation , successor in interest to
Engineering, Management and Maintenance, Inc. ("EM2,,), in order to provide operations, maintenance
and management services for the municipal water system currently owned by City.
RECITALS
A. City, as authorized by Idaho Code, Section 50-323, is the owner of a municipal, domestic
water production, transmission and distribution system in the City of Eagle (hereinafter called the "Water
System ). The geographical boundaries of the Water System are shown on Exhibit B attached hereto
and made a part hereof, which geographical boundaries of the Water System may be amended at City'
sole direction from time to time.B. City has adopted those certain "Rates, Rules and Regulations for the operation of the
Water System of the City of Eagle, Ada County, Idaho , which are codified in Title 6, Chapter 5 of City
Code, attached hereto as Exhibit C (the "Regulations ). The Regulations, pursuant to Idaho Code,
Section 50-301 , et seq., may be amended from time to time at the sole discretion of the Eagle City
Council. The Regulations , and Idaho Code, Sections 50-301 and 50-323, provide that City may contract
for the operation and maintenance of the Water System.
C. City first contracted for the operation and maintenance of the Water System with that
certain Water Service Contract by and between City and EM , dated May 26,1992, as amended by the
First Amendment to Water Service Contract, dated December 2, 1997 (collectively, the "2 Contract"
D. Contractor, which is engaged in the business of operating and managing domestic water
systems such as the Water System, has succeeded to the interests of EM , including the interests of EM
contained in the EM2 Contract.
E. To more specifically define the duties and obligations of City and Contractor in connection
with the Water System , the parties hereto desire to amend and restate the EM2 Contract by entering into
this Contract which terminates and replaces the previously referenced EM2 Contract.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged and agreed, the recitals above which are incorporated below, and the mutual terms
conditions, covenants and agreements contained herein , the parties hereto agree as follows:
TERM OF CONTRACT.
The term of the Contract shall commence on the Commencement Date, and shall expire one (1)
year following the Commencement Date (the 'Term ); provided , however, this Contract shall be renewed
automatically, on the same terms as contained herein, in one (1) year increments through September 30
2012 , except as provided in ~ 9.c. herein.
OBLIGATIONS OF CONTRACTOR.
Contractor shall undertake and perform all services and pay all usual and customary expenses
required in connection with the normal operation and maintenance of the Water System, including periodicinspections and preventive maintenance, meter reading, billing, collections, record keeping, reporting and
compliance with applicable federal, state or local government requirements in connection with the
operation and maintenance of the Water System including the following:
A. StaffinQ. Contractor shall provide a professional staff of qualified employees for
operations, maintenance and management procedures in connection with the Water System, and shall
provide additional third-party support as needed to perform the scope of services described herein. The
operations staff of Contractor shall be required to possess all required state, federal and local licenses
and certifications.
B. Billina; Collection.Contractor shall bill monthly City's existing water customers and other
customers as may be added from time to time by City (individually, the "Customer ; collectively, the
Customers ) as soon as reasonably practicable, at approximately the same time each month , for such
Customers' water service charges in connection with the Water System for the preceding month. All such
water service charges collected by Contractor shall be deposited or transferred by Contractor into a
designated City account by the fifth (5 ) working day of the month for all payments received during the
preceding month. Contractor shall collect delinquent accounts according to the terms and conditions of
City's ordinances, rules and regulations pertaining to the Water System. Contractor shall provide to City a
monthly reporting of billings and collections. the content and format of which to be agreed to by the
parties.
C. Compliance with Laws and Reaulations. Contractor shall maintain existing regulatory
licenses and/or permits that are currently held by City and/or Contractor, and that are necessary for the
operation and maintenance of the Water System. Contractor shall comply with all applicable federal
state, and/or local laws, regulations , and ordinances including, without limitation, the Regulations, as such
apply to the Water System. This provision shall not be construed to require Contractor to make
improvements or repairs in connection with the Water System beyond those required by ordinary and
necessary operation and maintenance or as otherwise provided in the Contract.
To the extent that such applicable federal, state, and/or local laws, regulations, and ordinances
including, without limitation, the Regulations, are changed so as to require additional Capital
Improvements, defined below, and/or Capital Expenditures , defined below, in connection with the Water
System in order to effectuate compliance herewith, City shall make, or cause to be made, such Capital
Improvements and/or Capital Expenditures at its own expense as soon as practicable. but in no event
later than as required by such applicable federal, state, and/or local laws, regulations, orders and
ordinances.
D. Water System Repairs.Repairs shall be made in accordance with existing federal, state
and/or local laws, regulations, orders and ordinances including, without limitation, the Regulations;
provided, however, Contractor shall not incur "Extraordinary Expenses." By way of example, and not
limitation, the payment of a street opening permit to City to effectuate repairs or full-lane road resurfacing
beyond standard trench or spot hole repair required by the Ada County Highway District shall be
considered an Extraordinary Expense. If, during the course of Contractor s work necessary to make
improvements or repairs, hazardous waste and/or materials are discovered, Contractor shall immediately
inform City of the discovery both orally and in writing. It shall not be the obligation of Contractor to remove
and/or dispose of such hazardous waste or materials. Contractor shall cooperate with City regarding the
removal and disposal of soil, hazardous waste and/or materials.
In the event any well or any source of supply within the Water System becomes, or is alleged to
have become, contaminated , or in the event of any other circumstance(s) that causes, or is alleged to
have caused, non-compliance of the Water System in connection with the standards established by the
appropriate applicable state, federal, or local regulatory agencies, which are beyond the reasonable
control of Contractor, any and all costs and expenses to attain compliance, and/or to assert compliance,
shall be the responsibility of City.
Unforeseen costs associated with Acts of God , changes in laws or regulations and regulatory
compliance, or wrongful , willful or negligent acts or omissions of City or third parties which increase
operation and maintenance expense, repair costs or other expenses, and which are beyond the
reasonable control of Contractor, are the responsibility of City. Conversely, any wrongful, willful or
negligent acts or omissions of Contractor, its employees, agents, assigns, subcontractors or others
affiliated with Contractor, are the responsibility of Contractor.
(i) Regular and ordinary repairs shall be performed or paid for by Contractor as a
normal aspect of Water System operations and maintenance. Regular and ordinary repair of the
Water System shall include all repairs and replacement parts required due to normal wear and
tear, including, but not limited to, main, service, and hydrant repair, routine pump, motor, and
electrical repairs and maintenance, building and facility repair, maintenance and repainting
associated with normal anticipated wear of the physical facilities, and normal periodic
maintenance inspections of facilities. Any individual regular and ordinary repair of the Water
System in excess of Two Thousand Five Hundred and no/100 Dollars ($2 500.00) shall be
considered an Extraordinary Repair. In such cases of Extraordinary Repair Contractor shall be
responsible for the first Two Thousand Five Hundred and no/100 Dollars ($2,500.00) of cost.
(ii) "Extraordinary Repair" means maintenance activities that correct a default or
problem, such as the repair or replacement of equipment with like kind equipment due to the
failure of that equipment within the useful life of such equipment, or activities resulting from
preventive maintenance surveys taken to avert the failure of such equipment or an integral part
thereof during the normal useful life of such equipment. Failures or potential failures of equipment
are typically caused by excessive or unusual wear or abnormal deterioration. "Extraordinary
Repair" shall also include any repair or replacement in excess of Two Thousand Five Hundred
and no/100 Dollars ($2,500.00) not a result of normal wear and tear or necessitated by untimely
equipment or material failure or by damage from vehicle impact, lightening strike, Act of God , or
any other unforeseen event. Extraordinary Repair costs shall be the responsibility of City. At the
request of City, such Extraordinary Repair may be administered by Contractor and performed as
soon as possible, in consideration of the Water System s public duty to provide service on
demand. The responsibility of City to pay Extraordinary Repair costs is limited to the direct actual
cost of labor, overhead , materials, supplies and contractor costs required to effect the repair or
replacement. However, City shall also pay Contractor a fifteen percent (15%) overhead calculated
on the total Extraordinary Repair cost as compensation for administering the resolution for such
Extraordinary Repair. Billings by Contractor to City for such Extraordinary Repair will be made as
soon as possible after the such Extraordinary Repair is completed and will be due thirty (30) days
from the invoice date. In the event that City does not request Contractor to effectuate the
Extraordinary Repair, then City agrees to hold Contractor harmless from any and all liability
resulting from the incident to the extent that Contractor has not been negligent. In the event of an
emergency, Contractor with City approval, may undertake steps necessary to protect the health
safety and welfare of the Water System , its patrons, affected property and persons.
(iii) Contractor shall supply such information as is available to assist City in
recovering the costs of such Extraordinary Repairs from suppliers' warranties and from parties
responsible for accidental damage. Suppliers' warranties shall be made in the name of the City of
Eagle. Contractor shall notify City immediately of any accidental or intentional damages to the
Water System in order for City to provide notice to its insurance carrier.
(iv) Replacement parts shall be duplicates of original when readily available. If
duplicates of original are not readily available, functional generic equivalents may be substituted
as long as they comply with American Water Works Association and/or National Sanitation
Foundation standards for water system materials.
(v) Routine or emergency well or source of supply rehabilitation and maintenance
costs shall be considered the total responsibility of City. Well or source of supply rehabilitation
and maintenance costs shall include, without limitation, costs for pulling and setting pumps,
motors, piping and associated well equipment, well cleaning and redevelopment, and any
associated down-hole video taping. Well or source of supply rehabilitation and maintenance costs
also shall include any pump, motor, piping, electrical and associated equipment repair or
replacement costs.
E. Reports.Contractor shall comply with all necessary reporting in connection with the
operation and maintenance of the Water System as mandated by federal, state and/or local laws,
regulations and ordinances, and this Contract. Contractor shall provide City with monthly, quarterly and
annual reports of activities in connection with the Water System in a form agreeable to both parties. The
form of which shall be substantially similar to the form attached hereto as Exhibit , or as otherwise
agreed to by the parties hereto. If a complete report is not received by City within fifteen (15) days from
the date due, Contractor shall pay City a penalty of One Hundred and no/100 Dollars ($100.00).
Contractor shall pay to City a penalty of One Hundred and no/100 Dollars ($100.00) for every subsequent
fifteen (15) days the report is not received by City.
F. Records. Contractor shall act as custodian of those records, files, invoices and
statements that Contractor prepares or obtains in connection with this Contract (collectively, the
Records ), which Records shall belong to and are the sole property of City pursuant to Idaho Code Title
, Chapter 9. Following delivery of notice to Contractor three (3) business days in advance, Contractor
shall make available at the offices of Contractor the Records for inspection during regular business hours.
Upon the termination or expiration of this Contract, Contractor shall provide City with copies of the
Records within thirty (30) days of the date of termination unless, otherwise required by Idaho Code Title
, Chapter 9, or as agreed to by City and Contractor.
Insurance. Contractor shall maintain the following insurance:
(i) Commercial General Liability Insurance and Property Damage: not less than One
Million and no/100 Dollars ($1 000 000.00) to anyone (1) person and One Million and no/100
Dollars ($1 000,000.00) for anyone (1) occurrence for bodily injury, and One Million and no/100
Dollars ($1 000 000.00) broad form coverage for property damage.
(ii) Comprehensive Automobile Liability Insurance: not less than One Million and
no/100 Dollars ($1 000 000.00) for each accident for property damage.
(iii) Workers' Compensation: in accordance with federal and state statutory
requirements and liability insurance of not less than One Hundred Thousand and no/100 Dollars
($100 000.00).
(iv) Umbrella to be in excess of the General Automobile Liability covering Contractor
and City with the minimum limit of Five Million and no/100 Dollars ($5,000,000.00).
All insurance policies, to the extent permitted by law, shall name City as an additional insured.
The minimum coverage requirements may, at either party's request, be subject to renegotiation during the
Term. Contractor shall notify City at least thirty (30) days prior to the termination of any insurance policy to
which City is entitled to be listed as the additional insured under this Agreement. )
H. Dioline. Contractor shall contact Digline and establish Contractor as City s representative
to Digline. Contractor shall respond to all calls concerning the location of water lines , and mark the
locations of such water lines, in connection with the Water System as required by Digline.
I. New Develooment.At City's request, Contractor shall provide information to City in
reference to the status of the Water System and the availability of water service to proposed new
developments within the geographical boundaries of the Water System.
J. City Meetinas. Upon reasonable request by City, Contractor shall send a representative
to any particular meeting of City's City Council.
K. Water Quality Duty.Contractor shall operate the Water System in compliance with all
federal, state and local rules and regulations concerning safe drinking standards, but only to the extent
that City's Water System facilities effectuate compliance. Contractor shall not be required to make Water
System repairs or improvements, beyond those required for normal operation and maintenance, in order
to effectuate such compliance. Contractor agrees to indemnify and hold City harmless from any fines or
penalties assessed by the appropriate regulatory agencies or for damages incurred by third parties for any
and all violations committed by Contractor.
L. Enoineerina Services.Contractor shall supply normal engineering review services for
additions and extensions to City's Water System. All such engineering reviews, including all design
calculations, plans , and specifications shall be subject to review by City at City's request, and if so
requested shall be submitted to City's Clerk. City may, at its sole discretion and cost, elect to have any
item or project of such engineering performed by others selected by City, without prejudice to this
provision and without any reduction in Contractor s fee.
OBLIGATIONS OF CITY.
A. Rates. City, by resolution, shall provide for a schedule of minimum charges for water
supply service to customers. Nothing herein shall be construed to restrict City from setting and collecting
rates beyond the minimum rates as set forth by City. The existing rates are attached hereto as Exhibit E.
B. Licenses.City, except as set forth as part of Contractor s obligations, shall obtain and/or
continue to maintain existing and contractually contemplated ownership, easements, licenses, equipment
warranties, franchises, and permits for the mutual benefit of both parties hereunder.
C. City's Insurance . City shall obtain and/or maintain general liability and hazard insurance
policies with limits not less than those required by the laws of the State of Idaho.
D. Collections. City shall cooperate in collection matters and use City's statutory powers
pertaining to any and all remedies granted to municipalities for purposes of collection.
E. Riqht of Access. City shall provide Contractor, its employees, agents and subcontractors,
with any and all rights of access to the Water System necessary for the operation, repair and maintenance
of the Water System.
F. Private Law. City shall advise Contractor of any private (for example, homeowners
association) conditions, covenants, restrictions and/or easements which affect, or which may affect, the
Water System and/or the operation and maintenance of the Water System. This only applies to such
information readily known by City which does not create a duty for City to inquire of the existence of such
private law as referred to in this paragraph.
G. Public Law.City shall advise Contractor of any public law, ordinance, contract, and/or
regulation which affects, or which may affect, the Water System, water services, water use, and
scheduled rates, charges and fees in connection with the Water System. No change, modification or
amendment to the Regulations and/or the geographical boundaries of the Water System shall be made by
City without reasonable notice to and advice from Contractor. No change, modification or amendment to
the Regulations and/or the geographical boundaries of the Water System shall be made that would
increase costs to operate and maintain the Water System unless City adopts, by resolution, an increase in
the rates, charges and fees paid to Contractor.
H. Street Oceninqs and Hazardous Materials.Contractor shall not incur expenses for right-
of-way opening permits. If, during the course of Contractor s work under this Contract, hazardous waste
or materials are discovered, it shall be City's responsibility to remove and/or dispose of such hazardous
waste or material.
CAPITAL IMPROVEMENTS; PLAN AND BUDGET.
A. Cacitallmcrovement.Capitallmprovemenf' or "Capital Expenditure" means
modifications and alterations of, or additions and improvements to, the Water System that are made to
modify or replace existing equipment or facilities, or the construction of new facilities in order to improve
the operation and maintenance, aesthetics, long-term capital conditions or other aspects of the Water
System not generally associated with the ongoing maintenance of the equipment of the Water System.
Capital Improvements are generally anticipated to have a useful life in excess of one (1) year. All Capital
Improvements, of any amount, are the responsibility of City; however, minor capitol improvement items of
less than Seven Hundred Fifty and no/100 Dollars ($750.00) for materials, equipment and services shall
be considered repairs and are the responsibility of Contractor. All new and replacement meters and meter
settings, regardless of cost, shall always be considered as Capital Improvements and are the
responsibility of City.
B. CaDital ImDrovements Plan.On an annual basis, Contractor and City shall develop, for
City's consideration, a capital improvements plan ("Capital Improvements Plan ) for the Water System.
The Capital Improvements Plan must include conceptual solutions for operational problems and must
address issues related to City's population growth and Water System capacity. City will have full and
exclusive discretion in and responsibility for decisions related to the implementation of the Capital
Improvements Plan. City agrees to compensate Contractor for any increased operating costs resulting
from City s decision not to implement a Capital Improvement that was recommended by Contractor to the
extent that the increased operating cost would have likely been avoided if the Capital Improvement had
been implemented. The Capital Improvements Plan will list all capital expenditures Contractor anticipates
will be needed for the coming year, their estimated cost, including engineering costs, their benefit to the
Water System, their environmental benefit and/or risk, as appropriate, and their relative importance (rank)
as compared to all other potential Capital Improvements. A recommended Capital Improvements Plan
from Contractor shall be delivered to City by June 15 of every year before City s annual budget cycle
begins. Contractor shall bear no liability for the accuracy of the cost estimates. The Capital Improvements
Plan will be prepared every year and include Capitol Improvements Contractor anticipates will be needed.
C. Emeraencies or ImDrovements Reauired bv Law.In the event that a Capital Improvement
is required (a) in order to continue to provide service to the users, (b) to be made to the Water System in
order to comply with applicable federal, state or local law, or (c) if the failure to make a Capital
Improvement will jeopardize the health and safety of the residents of City or the public welfare, City shall
be obligated to implement such Capital Improvement or City may direct Contractor to implement the
Capital Improvement, as soon as practicable under the circumstances. In the event that Contractor
expends any of its own monies for the implementation of any Capital Improvement, Contractor shall be
promptly reimbursed by City.
COMPENSATION AND FINANCIAL TERMS.
A. Service Fee Generally.From and after the Commencement Date of this Contract, City
shall pay the Annual Service Fee, defined below, to Contractor as compensation for Contractor s services
under this Contract. The Annual Service Fee shall be calculated according to this Section 5.
B. Annual Service Fee.The Annual Service Fee shall be comprised of the Base Operating
Charge, the Adjustment Factor, the New Accounts Adjustment Factor, the Variable Costs Factor, all as
defined below, and shall be paid to Contractor in monthly installments.
C. Base ODeratina Charae.The Base Operating Charge is the base fee paid to Contractor
for performing the services contemplated in the Contract. Any adjustment to the Base Operating Charge
shall become the new Base Operating Charge for use in making future adjustments thereto. The initial
Base Operating Charge shall first be defined as set forth in Exhibit F attached to this Agreement. By way
of example, and not limitation:
Base Operating Charge at the Commencement Date = A
New Accounts Factor in a given month six of the Contract = B
New Base Operating Charge in the following month of the Contract = A + B = C
Annual Adjustment Factor calculated on the first anniversary of the Contract = D
New Base Operating Charge beginning on the first anniversary of the Contract = C + (C x D)
D. Adiustment Factor.The Adjustment Factor shall be added to the current annual Base
Operating Charge and shall be an amount equal to the greater of either: (1) two percent (2%) of the
current annual Base Operating Charge; or (2) the product of the current annual Base Operating Charge
multiplied by the percentage change in the CPI published for the month of the then existing CPt
Adjustment Date as compared with the CPI for the month of the last previous CPI Adjustment Date. "CPI"
shall mean the Consumer Price Index for all urban consumers (CPI-U) Combined West Region Urban
Area - size B/C, as per the Bureau of Labor Statistics. "CPI Adjustment Date" shall mean the
Commencement Date and each annual anniversary thereafter during the term of this Contract. The annual
increase in the CPt shall be expressed as a percentage. If the CPI is discontinued or is unavailable, City
and Contractor shall mutually select a comparable index reflecting changes in the cost of living or
purchasing power of the consumer dollar published by any other governmental agency, or nationally
recognized financial institution, or any other nationally recognized authority.
The following formula would be used to calculate the product of the Base Operating Charge and the CPI:
AF =
CPI'1I
CPlm-
(AF is the Adjustment Factor, CPlm is the current year s CPI, and CPIm-1 is the previous year s CPI)
In the event the Adjustment Factor cannot be determined on a CPI Adjustment Date due to the
unavailability of the applicable CPI , then City shall continue to pay to Contractor the Annual Service Fee
then in effect until City receives the calculations of the Adjustment Factor and the Annual Service Fee
based on the applicable CPI. City shall also pay to Contractor, the differential in the monthly installments
of the Annual Service Fee based upon the adjustment to the CPI, calculated from the applicable CPI
Adjustment Date to the date City commenced paying monthly installments of Annual Service Fee to
Contractor based upon such applicable adjustment.
E. New Accounts Adjustment Factor.The Base Operating Charge shall also be adjusted in
accordance with changes in the number of Equivalent Residential Customers ("ERCs ) connected to and
served by the Water System. The basis for determining the number of ERCs shall be the following:
Meter Size (in.5/8 ERC
5/8x3/4 ERC
3/4 ERC
ERCs
1/2 ERCs
ERCs
ERCs
(Source: AWWA Volume 3 Introduction to Water Distribution, Principles and Practices of Water Supply Operations)
The New Accounts Adjustment Factor is an amount equal to the most current Base Operating Charge
divided by the most current number of ERCs multiplied by the number of new ERCs for the preceding
month. The New Accounts Adjustment Factor shall be determined monthly and the Base Operating
Charge shall be adjusted monthly by adding the New Accounts Adjustment Factor to the previous month'
Base Operating Charge.
F. Variable Cost Factor.The Variable Costs Factor adjusts the Base Operating Charge in
accordance with changes in the costs of power purchased in connection with the Water System from
Idaho Power Company, or another applicable power provider, which costs include base rate and power
cost adjustment changes, as approved by the Idaho Public Utilities Commission. The Base Operating
Charge shall be adjusted, up or down, immediately upon any and all changes in the costs of such power
purchased in connection with the Water System. Any newly approved power rate shall be applied to the
most recent twelve (12) months billings of power purchased in connection with the Water System. The
resulting new annual power cost shall be compared to the most recent twelve (12) months power cost and
the difference between the two shall be divided by twelve and applied to the monthly Base Operating
Charge for all ensuing months Service Fee payments.
G. Extraordinarv Items Chan::Je.The Extraordinary Items Charge represents any and all cost
incurred by Contractor that is or will become the obligation of City. Examples of Extraordinary Items
Charges include costs incurred by Contractor for Extraordinary Repair and/or Capital Improvement
performed at the direction of City that is City's responsibility. Extraordinary Items Charges would be
itemized and presented to City for payment with the next month's Service Fee payment to Contractor.
H. ChanQes in Scope of Work.In the event that changes in the scope of work occur due to
but not limited to, changes in law, governmental regulations, monitoring requirements, water quality
standards, addition of new facilities, force majeure events, or other events that increase the cost of
operating the Water System by over two percent (2%) of the Base Operating Charge, the parties shall
negotiate an appropriate adjustment to the Annual Service Fee to accommodate the change in scope of
work.
I. Additional Services.In addition to the Annual Service Fee payments referred to above,
City shall also pay for any additional services added to the scope of work or services as described in
Section 2 , Obligations of Contractor, of this Contract. Prior to commencement of a change in the scope of
service or type of service to be provided by Contractor that involves increased costs, Contractor and City
shall mutually agree in writing upon the nature of the change in scope of service and/or type of service and
the appropriate compensation for such change of work. Such written agreement shall be known as an
Additional Service Agreement" Each Additional Service Agreement shall identify the scope of the
additional work, the estimated cost, the timing for the work or service and other pertinent items as agreed
to by the parties. Extraordinary Repairs may be, but are not required to be, considered under Additional
Service Agreements.
J. BillinQs and Pavments.Contractor shall bill and City shall pay Contractor for all work and
services performed under this Contract in monthly installments in an amount equal to the sum of (1) one-
twelfth of the Annual Service Fee; (2) any Extraordinary Repairs performed by Contractor; and (3) any
amounts due for work performed under Additional Service Agreements. The monthly billing from
Contractor shall be submitted monthly and the payment shall be due within thirty (30) days of receipt of the
billing. The monthly bill shall include the ensuing month's portion of the Annual Service Fee plus any
amounts due from the current month related to all Extraordinary Repairs and/or Additional Service
Agreements, or other amounts owed. Any discrepancy between the amount paid by City and the amount
earned by Contractor for any month shall be reconciled in the next month's payment. Monthly payments
may be made via electronic transfer of funds. Any and all amounts past due more than thirty (30) days
shall be liable for interest calculated at the rate of eighteen percent (18%) per annum.
INDEPENDENT CONTRACTOR; INDEMNITY.
Contractor is an independent contractor, City is the principal, and nothing herein shall be
construed to create a joint venture, partnership or other similar relationship that might subject either party
to liability for the debts or obligations of the other party. Each party shall indemnify and hold harmless the
other party against any and all liabilities, losses, damages, costs or expenses, including reasonable
attorneys' fees as a result of any claims, causes of actions, judgments and damages of any kind arising
out of work performed under this Contract that such party sustains, caused in whole or part by any
negligent or wrongful acts or omissions on the part of the indemnifying party or any employee or agent of
such party.
City shall hold harmless and indemnify Contractor for any loss, damage or claim resulting from
defects in those parts of the Water System constructed prior to the First Amendment to Water Service
Contract, dated December 2 1997 , to the extent that such defects have not been discovered at the time
of th is Contract.
In the event Contractor, together with City, are negligent, and the negligence of each is the
proximate cause of damage(s), then each party shall be responsible for the portion of the liability or
damages equal to that party's comparative share of the total negligence. Contractor reserves the right to
conduct Contractor s own defense and settle any claims made against Contractor or for which Contractor
shall be responsible.
REPRESENTATIONS AND WARRANTIES.
A. Authoritv.City is a municipal corporation established under the laws of the State of Idaho
and has the requisite power and authority to enter into this Contract. Contractor is a corporation
established under the laws of the State of Idaho and has the requisite power and authority to enter into
this Contract.
B. LeQal Capacity. City has the exclusive legal capacity and authority to establish the water
service rates. charges and fees pursuant hereto, and warrants and represents that no prior liens, notes
bonds, mortgages, encumbrances or other entitlements have been imposed on the Water System, or will
be imposed on the Water System , that have or may have priority over the entitlements of Contractor
pursuant to this Contract.
C. Claims. City has no knowledge of any current, pending or threatened claims, suits,
actions or judgments which, if successful , would create an encumbrance upon the entitlements of
Contractor pursuant to this Contract or would otherwise have a materially adverse effect on the Contract
and/or the Water System.
D. Disclosures. City has disclosed, and shall continue to disclose, to Contractor, and
Contractor has disclosed, and shall continue to disclose, to City, any and all circumstances discovered
indicating possible non-compliance of the Water System in connection with any and/or all applicable
federal, state, and/or local laws, regulations, and ordinances including, without limitation, the Regulations,
as such apply to the Water System and/or safe drinking water standards.
E. Compliance. City is in compliance with, shall remain in compliance with and shall ensure
the compliance of any and all separate and existing contracts and/or agreements in connection with the
Water System including, without limitation, that certain Agreement for Transfer and Operation of Domestic
Water, dated May 20, 1992, as may be amended from time to time.
NOTICES.
All notices, demands, requests, and other communications under this Contract shall be in writing
and shall be deemed properly served or delivered, if delivered by hand to the party to whose attention it is
directed , or when sent, three (3) days after deposit in the U.S. mail, postage prepaid , by registered or
certified mail, return receipt requested , or if sent by facsimile to the party to whose attention it is directed
addressed as follows:
If to City:The City of Eagle
Attn: City Clerk
City Hall
310 E. State Street
Eagle, Idaho 83616
[phone] (phone)
[phone] (facsimile)
If to Contractor:United Water Operations Idaho Inc.
Attn: General Manager
O. Box 190420
8248 W. Victory Road
Boise, Idaho 83719-0420
[phone] (phone)
[phone] (facsimile)
or at such other address or to such other party which any party entitled to receive notice hereunder
designates to the other in writing as provided above.
FORCE MAJEURE; TERMINATION.
A. Force Maieure. The parties shall be excused from performance of this Contract and shall
not be liable for loss or damage where the loss or damage is caused by events that are outside the
reasonable control of the party relying thereon for justification for not performing, or delay or failure to
perform, due to, but not limited to, fire, riot, strikes, labor disputes, acts of God, acts of terrorism
insurrections, explosions, civil disturbances, discharges into the Water ~ystem , governmental acts or
regulations, or other matters, where all the foregoing is beyond the control of the parties to this Contract,
agents or representatives.
B. Labor StoppaQe.In the event a labor action, stoppage or dispute which disrupts or
prevents Contractor, its employees , agents or subcontractors from entering upon and performing work on
the Water System , City, with Contractor s assistance, or Contractor at its own option, shall seek
appropriate legal injunctions, remedies or court orders. During such a designated period , Contractor shall
operate the Water System on a best effort basis until labor relations are normalized and shall not be liable
for any fines or penalties.
C. Termination . If either party shall be in material default hereunder, then at the non-
defaulting party's option , after ninety (90) days written notice to the defaulting party, the non-defaulting
party may terminate this Contract without waiving any other lawful right or remedy of the non-defaulting
party. However, prior to termination, all parties affected by any default shall be required to attempt
mediation and settlement in good faith prior to initiating litigation, and the defaulting party shall have been
given a period of thirty (30) days after receipt of such written default notice from the non-defaulting party,
or such longer period of time as is reasonably required under the circumstances, to cure and/or correct
such default. In the event litigation is filed, the prevailing party shall be entitled to an award of reasonable
costs and attorneys' fees. No right or remedy is intended to be exclusive of any other right or remedy, and
each and every right and remedy shall be cumulative and in addition to any other right and remedy given
hereunder or now or hereafter existing at law or in equity. The failure of a party to insist at any time upon
the strict performance of any covenant or agreement hereunder, or to exercise any option, right, power or
remedy contained in this Contract shall not be construed as a waiver or relinquishment thereof for the
future unless expressed in writing and signed by the party against whom the enforcement of such waiver
is sought.
Notwithstanding anything to the contrary herein, if Contractor, in its reasonable discretion
determines that the rates, charges and/or fees established by City will not enable Contractor to carry out
Contractor s obligations, or for any other reason , Contractor may deliver to City notice of the termination of
this Contract, whereupon one hundred twenty (120) days after such notice this Contract shall terminate
and Contractor shall deliver to City the Records. Within one hundred twenty (120) days after the delivery
of such notice, Contractor shall pay to City, and City shall pay to Contractor, any and all amounts owed
hereunder as of the date of termination.
Notwithstanding anything to the contrary herein, if City, in its reasonable discretion, determines
that the rates, charges and/or fees established by Contractor will not enable City to carry out City'
obligations, or for any other reason, City may deliver to Contractor notice of the termination of this
Contract, whereupon one hundred twenty (120) days after such notice this Contract shall terminate.
Within one hundred twenty (120) days after the delivery of such notice, City shall pay to Contractor, and
Contractor shall pay to City, any and all amounts owed hereunder as of the date of termination.
10.GENERAL PROVISIONS.
A. New Equipment.Any new equipment installed in connection with the Water System
during the Term hereof shall become the property of City. Contractor shall maintain books and records
regarding any such new equipment.
B. AssiQnment.Contractor shall be permitted to make an assignment of this Contract to any
company affiliated with Contractor, and Contractor may assign this Contract to any other company with
City's written consent, which consent shall not be unreasonably withheld.
Equal Opportunity. Contractor is an equal opportunity employer.
D. Public Notices. City shall issue all public notices associated with non-compliance or
possible non-compliance with regulatory requirements for drinking water standards, and Contractor shall
provide all necessary support that City may reasonably require.
E. Severability. If any section, subsection, sentence, clause, phrase or portion of this
Contract is for any reason held invalid, preempted or unconstitutional by any court or by any federal or
state agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision of the Contract, and such holding shall not affect the validity of the remaining portions hereof.
F. Application of Law. The Contract is subject to all applicable laws of the State of Idaho
and ordinances of the municipality of the City of Eagle.
G. Survival.Paragraphs 2(B), 2(D)(iii), 2(E), 2(F), 2(K), 5(J), 6, 8 and 9(C) shall survive the
expiration or termination of this Agreement until such enumerated duties are completed by the parties.
H. Captions. The captions at the beginning of the several paragraphs are for convenience in
locating the context but are not part of the text.
I. Entire Aqreement.This Contract embodies the entire contract between the parties hereto
with respect to the subject matter hereof. No extension, change, modification or amendment to or of this
Contract of any kind whatsoever shall be made or claimed by City or Contractor shall have any force or
effect whatsoever unless the same shall be endorsed in writing and be signed by the party against whom
the enforcement of such extension, change, modification or amendment is sought, and then only to the
extent set forth in such instrument.
J. Access.City officials and representatives shall have access to the Water System in
connection with the Contract during normal business hours and at other times with reasonable notice.
K. Enforcement.The failure on the part of either party to enforce its rights as to any
provision of the Contract shall not be construed as a waiver of its rights to enforce such provision in the
future.
IN WITNESS WHEREOF, the undersigned have duly executed this Water Service Contract -2004
as of the date first above written.
ATTEST:THE CITY OF EAGLE, an Idaho municipal corporation
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UNITED WATER OPERATIONS IDAHO INC.
an Idaho corporation
By:
Schedule of Exhibits:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Resolution of the City of Eagle City
Geographical Boundaries of the Water System
Regulations
Form of Report
General Metered Service
Initial Base Operating Charge
CITY OF EAGLE
RESOLUTION NO. 04-
EXHIBIT A
A RESOLUTION OF TIlE CITY OF EAGLE, ADA COUNTY, IDAHO, APPROVING AND
AUTHORIZING THE EXECUTION OF THE WATER SERVICE CONTRACT WITH
UNITED WATER OPERATIONS IDAHO, INC., AN IDAHO CORPORATION;
AUTHORIZING THE MAYOR TO SIGN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle City Council is authorized and empowered to enter into
contracts for the operation and maintenance of the City water system pursuant to Idaho Code ~
50-301 , and 50-323;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF EAGLE, Ada County, Idaho, as follows:
Section 1 That the City of Eagle hereby agrees to enter into the Water Service
Contract., a copy of which is attached as Exhibit A incorporated by reference herein;
Section 2 That the City of Eagle, a political subdivision of the State of Idaho, as
agreed to by the City Council, enters into and authorizes the Mayor to sign Exhibit A.
Section 4:That this Resolution shall be effective as of the date of its adoption.
DATED this~ day of September, 2004.
CITY OF EAGLE
Ada County, Idaho
ATTEST:
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Sharon K. Bergmann, City Cler
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CITY OF EAGLE RESOLUTION NO. 04-
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EXHIBIT C
REGULATIONS
1: RULES AND REGULATIONS:
A. Short Title: This chapter shall be known as RATES, RULES AND REGULATIONS FOR THE OPERATION OF THE WATER
SYSTEM OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, and may be so cited and pleaded.
B. Scope: The water department and all customers receiving services from the water department, whether inside or outside the city
limits, are bound by this chapter and the rules and regulations of the water department. (Ord. 202, 5-26-1992)
2: DEFINITIONS:
APPLICANT: The person or persons, firm or corporation, making application for water service from the water department under the
terms of this chapter and any regulations issued by the water department.
AUTO COURT, MOTOR COURT, TRAVEL TRAILER COURT, MOTEL, HOTEL, ETC.: The combination or group of two (2) or
more dwelling units occupying a building site or area under one ownership. used for the purpose of fumishing transient living
accommodations.
CITY: The legally constituted municipal govemment of the city of Eagle, Ada County, Idaho.
CITY COUNCIL OR COUNCIL: The legally elected group of members composing the city council, induding the mayor, of the city of
Eagle, Idaho.
CUSTOMER OR USER: The owner or tenant of a residence, building, or structure who has made application and who has been
accepted under the terms of this chapter and regulations issued by the water department and who receives water service from the
water department. The term .customer" or .user" generally will not indude tenants as it will generally be the owner's responsibility
to apply for service and to pay for service.
DUPLEX: A building designed, built. rented, or leased for occupancy by two (2) families living independently of each other.
MULTI-FAMILY DWELLING OR APARTMENT HOUSE: Any building or portion thereof which is designed, built, rented, leased
lent, or hired out to be occupied or which is occupied as the home or residence of three (3) or more families or persons living
independently of each other and doing their own cooking within the premises, which shall indude townhouses or condominiums.
SINGLE-FAMILY DWELLING: A building designed for or occupied by one family for living or sleeping purposes, and having kitchen
or cooking facilities.
SUPERINTENDENT: The person appointed by the city council to superintend the affairs of the water department.
TRAILER HOUSE OR MOBILE HOME: A detached single-family dwelling unit used or so constructed as to permit its being
transported upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a dwelling or
sleeping place for one or more persons.
WATER DEPARTMENT: An agent or other representative, appointed or under contract, to conduct installation, repair and
maintenance of the water system for the city. (Ord. 202, 5-26-1992)
3: SERVICE AREA AND CONNECTION REQUIREMENT:
A. Service Area: The area serviced by the city shall be only that area within the corporate limits of the city, which is so designated
by the city council. and such other contiguous and neighboring territory as the city council shall. from time to time, deem necessary
to serve.
B. Connection To Water System Required: Every parcel of land or premises within the boundaries of the city, improved by new
construction for occupancy and occupied or used by any person or persons. or as a commercial business, shall be connected to
the city water department public water system so long as the area is within the service area of the city water system. The owner or
person in charge of such land shall make or cause to be made, such connection within sixty (60) days after receiving official notice
from the city to so connect. All charges associated with the laying of pipe from the home or facilities to be served by the city'
mains shall be the responsibility of the user and shall be properly designed and constructed in conformity with requirements
specified by the city. If a parcel of land is not within three hundred feet (300') of a water main, connection may not be required
unless the city elects to extend the water main to within three hundred feet (300') of the applicant's property. (Ord. 202 , 5-26-1992)
5-4: DESCRIPTION OF SERVICE:
A. Supply: The water department will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water
to the customer at a reasonable pressure and to avoid so far as reasonably possible any shortage or interruption in delivery.
The water department and city shall not be liable for damage resulting from an interruption in service or from a lack of service.
Temporary suspension of service by the water department for improvements and repairs will be necessary occasionally. When time
permits, all customers affected will be notified prior to shutdowns.
B. Quality: The water department will exercise reasonable diligence to supply safe and potable water at all times.
C. Ownership Of System: All water mains, valves, meters, fittings, hydrants, service connections and other appurtenances. except
customer service lines , as defined in subsection 6-5-7A of this chapter. shall be the property of the city.
D. Classes Of Service: The dasses of service shall be residential, commercial, standby fire and contract as further qualified after
the class as follows:
1. Inside city limits.
2. Outside city limits.
a. Residential Service: Residential services shall consist of all services for domestic purposes, single-family dwellings, homes and
municipal purposes.
b. Commercial Service: Commercial services shall consist of those services where water is used for commercial services. such as
businesses and multi-family dwellings.
c. Standby Fire: Standby fire service shall consist of those services where water is available or used for fire protection only.
d. Contract Service: Contract services shall consist of those services for industrial or independent water district purposes under
contracts authorized by the city council.
E. Special Contracts: When the applicant's requirements for water are unusual or large, such as an independent water district. or
necessitate considerable special or reserve equipment or capacity, the city, by authorization of the city council, reserves the right to
make special contracts, the provisions of which are different from and have exceptions to the regularly published water rates. rules
and regulations. The special contracts shall be in writing. signed by the applicant and approved by the city council.
F. Resale Of Water: Resale of water shall be pennitted only under special contract, in writing, between the city, as approved by the
city council, and the persons, parties or corporation purchasing the water.
G. Service Preference: In case of shortage of supply, the city reserves the right to give preferences in the manner of fumishing
service to customers as is in the interest of the city from the standpoint of public convenience or necessity. Domestic water use
shall be a preferential use to an irrigation use. Water service to users outside of the city limits shall at all times be subject to the
prior and superior rights of the customers within the city limits. (Ord. 202. 5-26-1992)
5: APPLICATION FOR SERVICE:
A. Application Fonn: Each applicant for water service shall sign an application fonn provided at city hall giving the date of
application, location of premises to be served, the date applicant desires services to begin, purpose for which services is to be
used , the address for mailing of the billings, the class and the size of the meter service and such other infonnation as the water
department may reasonably require. In signing the application, the customer agrees to abide by the rules and regulations of the
water department. The application is merely a written request for service and does not bind the water department to provide
service.
B. Deposits And Establishment Of Credit: At the time application for service is made, the applicant shall establish credit with the
water department at city hall. Deposits shall be held for one year from the date of deposit.
1. Deposit Requirements And Establishment Of Credit: With each and every application for water service to be supplied through the
water system of the city, there may be a deposit required by the city clerk , or its designee, a sum in cash, the amount to be
detennined by resolution of the city council upon the passage of this chapter and be reviewed at least annually and updated by
resolution of the council.
2. Deposits: At the time the deposit is given to the city derk. or its designee, the applicant will be given a receipt for the same. The
deposit is not to be considered as a payment on account. In the event the service is discontinued. the deposit will be applied to the
dosing bill and any amount in excess of the dosing bill will be refunded. The city will not pay interest on any deposits. Deposits
shall not be eligible for refund until after one year of service indicating a satisfactory payment history.
3. Forfeiture Of Deposit: If an account becomes delinquent and it is necessary to tum off the service, the deposit shall be applied to
the unpaid balance due. Water service will not be restored to that premises or that customer at different premises until all
outstanding bills due the city have been paid and the cash deposit replaced, together with any service charge provided in
subsection 6-5-11 F of this chapter.
C. Application Amendments: Customers desiring a material change in the size, character or extent of equipment or operation which
would result in a material change in the amount of water used, shall give the city written notice of such change prior to the change
and the application for service shall be amended. Customers desiring a change in the size, location or number of services shall fill
out an amended application. (Ord. 202, 5-26-1992)
6: MAIN EXTENSIONS:
A. Within The City Limits: Water main extensions to areas within the city limits not presently served with water shall be installed
under procedures to be established by the city council. Developers who subdivide property for newly partitioned properties will
assume all costs of main extensions with the approval of the city council, except in those cases where the city is interested in
entering into a cooperative agreement as described in section 25 of this chapter.
B. Outside The City Limits: Water mains outside the city limits shall be extended only at the expense of the customers serviced
except in those cases where the city is interested in entering into a cooperative agreement as described in section 25 of this
chapter.
C. Locations Of Extensions: The city will make water main extensions only on rights of way, easements or publicly owned property.
Easements or pennits secured for main extensions shall be obtained in the name of the city, along with all rights and title to the
main at the time the service is provided to the customers paying for the extension.
D. Extensions Property Of City: The main extensions shall become the property of the city at the time installed. The city council
shall detennine the size of the main extensions and all extensions shall be of suitable materials approved by the city council.
Extensions both inside and outside the city limits shall be installed by the water department or by contractors approved by the water
department. The installation procedures and materials used shall be in accordance with the city and the state of Idaho standards.
The city shall inspect all main extensions and shall not accept ownership until the work. materials and installation has been
inspected and approved by the city engineer. The cost for the city engineer to make any such inspection shall be included in the
costs of the main extension under subsection A of this section. Such extensions shall be established according to the city'
construction and design standards for domestic water systems. (Ord. 202, 5-26-1992)
7: SERVICES:
A. Definition: The "service connection" shall be that part of the water distribution system which connects the meter to the main and
shall nonnally consist of corporation stop, service pipe, curb stop and box, meter, meter yoke and meter box. The customer service
line shall be that part of the piping on the customer's property that connects the service to the customer's distribution system.
B. Ownership, Installation And Maintenance: The city shall own, install and maintain all service connections and installation and
maintenance shall only be perfonned by authorized employees of the city or their designated agents. The customer shall own
install and maintain the customer service line.
C. Service Connection Charge: At the time the applicant files for service where no service previously existed , or if he is filing for a
change in service size or location , he shall submit with his application the service connection charge. This charge is to cover, but
not be limited to, the actual cost to the water department to install the service connection from the main. to and including the meter
and meter housing customer service line. The service connection charge shall be established by the council by resolution upon the
passage of this chapter and may be reviewed and updated by resolution of the council as the city council so desires.
D. Size Of Service: The water department will furnish and install a service of such size at such locations as the applicant requests.
provided such requests are reasonable and that the size requested is one that is consistent with the rules and regulations of the
city. The minimum size of service shall be detennined by the water department. The water department may refuse to install a
service line which is undersized or oversized as detennined by the rules and regulations of the city.
E. Changes In Service Size: Penn anent changes in the size of the service line requested by the customer shall be paid by the
customer on the basis of the fee established by the council by resolution upon passage of this chapter and may be reviewed and
updated by resolution of the council as the city council so desires.
F. Length Of Service: Where the main is in a public right of way, the service connection will be placed at the right of way line
nearest the property to be served. for the standard connection fee, by the city, provided the length of service line does not exceed
the width of the right of way.
Where the main is on an easement or publicly owned property other than designated rights of way, the service connection shall be
installed at the boundary of the easement or public property nearest the property to be served, for the standard connection fee, by
the city, provided the length of service does not exceed thirty feet (30'
, in either case cited above, the length of service line to the meter location exceeds the maximum stated, the applicant shall pay
the extra cost of the line on the basis of actual cost to the water department for labor, materials and equipment, including any costs
for repair of streets and sidewalks, plus ten percent (10%).
G. Joint Service Connections: The city may, at its option, serve two (2) or more premises with one service connection. On new
service connections, the inside diameter of such joint lines shall be sufficient to provide a carrying capacity of not less than the
combined capacity of the individual service lines of the same size.
Service extensions from an existing service to other occupancies or ownerships than that for which the existing service was
intended shall not be permitted nor shall separate residences be permitted to receive service through one service connection
except under special considerations approved by the city council.
H. Number Of Service Connections On Premises: The owner of a single parcel of property may apply for and receive as many
services as he and his tenants may require, provided his application or applications meet the requirements of the policies. rules,
and regulations. However. the owner shall be required to pay for all services.
I. Standby Fire Protection Service Connections:
1. Purpose: Standby fire protection connections of two inch (2") size and larger will be installed only if adequate provisions are
made to prevent the use of water from such services for purposes other than fire extinguishing. Sealed fire sprinkler systems with
water operated alarms shall be considered as having such provisions. The superintendent may require that a suitable detector
check meter be installed in the standby fire protection service connections, to which hose lines or hydrants are connected. All
piping on the customer's premises shall be installed in accordance with the plumbing code of the state of Idaho.
2. Charges For Service: Charges for standby fire protection service shall be determined by resolution by city council. No charge will
be made for water used in the standby fire protection service to extinguish accidental fires or for routine testing of the fire protection
system. The customers shall pay the full cost of the standby protection service connection. any required detector check meters
and any required special water meters installed for the service to the standby connection.
3. Violations Of Regulations: If water is used from a standby fire protection connection service in violation of this chapter, an
estimate of the amount used will be computed by the water department. The customer shall pay for the water used at the regular
rates, including the minimum charge based on the size of the service connection and subsequent bills rendered on the basis of the
regular water rates.
J. Fire Service Connections Other Than Standby: A service having fire protection facilities on the premises and water for other
purposes flowing through the same service connection shall be considered as an ordinary service and metered as such. All water
used through that service, regardless of its use, will be charged at the regular rates.
K. Temporary Service Connections: For water service of a temporary nature, applicants shall be required to pay in advance the
estimated cost of installation and removal of metering equipment and materials, plus a reasonable depreciation charge for the use
of equipment and material fumished by the city. At the option of the water department, the applicant shall also pay his water bill in
advance and based on an estimate of the quantity to be used or he shall otherwise establish satisfactory credit.
1. Time Limit: Temporary service connections shall be disconnected and terminated within six (6) months after installation unless
an extension of time is granted in writing by the city.
2. Charge For Water Served: Charges for water fumished 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 may, at the option of the city, be required:
a. To pay the city in advance, the estimated cost of installing and removing all facilities necessary to fumish 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.
c. To deposit with the city an amount equal to the value of any equipment loaned by the city to such applicant under the terms of
subsection K4 of this section.
4. Responsibility For Meters And Installation: The customer shall use all possible care to prevent damage to the meter or to any
other loaned facilities of the city. If the meter or other facilities are damaged, the temporary customer shall be responsible for the
cost of making repairs, including, but not limited to, a charge against the deposit fund. If the loaned materials are retumed in
satisfactory condition and all bills paid, the full amount of the equipment deposit will be returned to the temporary customer at the
termination of service.
L. Customer's Plumbing:
1. Plumbing Code: The customer's plumbing, which shall include the customer's service line and all plumbing, piping, fixtures and
other appurtenances carrying or intended to carry water, sewer or drainage, shall comply with the plumbing code of the state of
Idaho.
It shall be a violation of these rules and regulations for the customer to operate, cause or permit unauthorized operation of the
meter stop or any appurtenances on the service connection. (Ord. 202. 5-26-1992)
8: METERS:
A. Ownership: The city will own and maintain all water meters. The city will not pay rent to any user or customer or any other charge
for a meter or other water facilities, including housing and connections on a customer's premises.
B. Installation: Installation of water meters shall be performed only by authorized employees or agents of the city. All meters shall
be sealed by the water department at the time of installation, and no seal shall be altered or broken except by one of its authorized
employees or agents.
C. The Size And Type Of Meter: Applicant may request and receive any size meter regularly stocked or furnished by the water
department, provided the request is reasonable and further provided that the meter is not greatly oversized or undersized, as
determined by the water superintendent. The water department reserves the right to determine the type of meter to be installed.
D. Location Of Meters: Meters shall normally be placed approximately two feet (2') from the property lines on the customer
property, but within the designated easement; the meter will be installed wherever the applicant desires within reason, but the
location must be approved by the water department. The meters will not be located in driveways or other location where damage to
the meter or its related parts may occur.
E. Joint Use Of Meters: The joining of several customers to take advantage of the single minimum charges and large quantity rates
shall be prohibited, except under special contract, in writing, with the city council.
F. Changes In Size Or Location: If for any reason a change in the size of a meter and service is required, the installation will be
accomplished on the basis of a new connection, and the customers application shall be amended. Meters or services moved for
the convenience of the customer will be relocated only at the customer's expense. (Ord. 202, 5-26-1992)
9: WATER CHARGES; REVIEW AND REVISION OF RATES:
A. Setting, Review And Revision Of Rates: The water user charges shall be established by resolution by the council upon the
passage of this chapter. Water user charges shall be reviewed at least annually but may be reviewed and adjusted as frequently as
the council so desires, by resolution of the council, to reflect actual costs of operation, maintenance, replacement, and financing the
water system and its facilities. Any revisions of the user charges shall be based on actual operation, expansion. maintenance,
replacement, and financing expenses and the total water usage.
B. Outside City Limits: Water charges for the use of the water system outside of the city shall be established according to the class
of the individual user by resolution of the council and may be changed from time to time by resolution of the council. (Ord. 202, 5-
26-1992)
10: NOTICES:
A. Notices To Customers: Notices from either the city or the water department to the customer will normally be given in writing and
either mailed or delivered to him at his last known address. Where conditions warrant and in emergencies, the water department
may notify the customer either by telephone or messenger.
B. Notices From Customer: Notices from the customer to the water department may be given by the customer or his authorized
representative orally or in writing at city hall or to the water department. (Ord. 202, 5-26-1992)
11: BilLING AND PAYMENTS: /11
A. Meter Readings: Meters will be read and customers billed on the basis of the meter reading to the nearest cubic foot.
The water department will keep an accurate account on its books of all readings of meters and such account, so kept, shall be
prima facie evidence of the use of water service by the customer.
B. Rendering Of Bills:
1. Billing Period: All meters shall be read or estimated according to subsection D of this section, and shall be billed monthly.
2. Bills For Other Than Normal Billing Period: Opening or dosing bills, or bills that for any other reason cover a period containing
ten percent (10%) more days or ten percent (10%) less days than in the normal billing period shall be prorated.
3. Bills For More Than One Meter: All meters supplying a customer's premises shall be billed separately, except where the water
department has for operating purposes installed two (2) or more meters in place of one, the charge may be combined for billing
purposes.
C. Disputed Bills: When a customer disputes the correctness of a bill, he shall deposit with the city the amount of the disputed bill
at the time the complaint is lodged , to predude discontinuance of service pending final settlement of the bill or bills. Subsequent
bills shall be paid or placed on deposit in a similar manner. Failure of the customer to make such a deposit may, at the city's option
warrant late charges, discontinuance of service or legal action, as provided under subsection F of this section.
D. Failure To Read Meters: In the event that it shall be impossible or impractical to read a meter on the regular reading date or that
the water department, for whatever reason, fails to read a meter. the water consumption shall be prorated on the basis of thirty (30)
days per month and the total water consumption for billing purposes for that period shall be estimated.
E. Payment Of Bills: Each bill rendered shall contain the final date on which payment is due. If the bill is not paid by that date, the
account shall be considered delinquent, unless other arrangements have been made with the city, in writing, that specify another
due date.
F. DelinquentAccounts:
1. Delinquent Notice: A reminder of account delinquency may be sent, at the discretion of the city clerk, to each delinquent account
on or about flfteen (15) days after the account becomes delinquent.
2. Late Charges: Thirty (30) days after an account becomes delinquent, late charges shall be assessed. Delinquent account late
charge shall be established by the council by resolution upon the passage of this chapter and may be reviewed and updated by
resolution of the council as the council so desires.
3. Tum Off Notice: On or about sixty (60) days after an account becomes delinquent, a tum off notice may be sent to the customer.
Said notice shall state a date on which water will be tumed off if the delinquent account is not paid in full prior thereto. Prior to
shutting off a user's water, the user shall be permitted to have a hearing in front of the city derk.
4. Service Tum Off: A water department employee or other agent of the city shall deliver a written notice to the customer stating
that the water service is being tumed off until all delinquent amounts have been paid ("final notice ). The water department, no
sooner than twenty four (24) hours after delivery of the final notice, excluding weekends and holidays, between the hours of eight
clock (8:00) A.M. and three oclock (3:00) P.M., shall discontinue water service to the user. Delivery of notice to the premises
served by the water department shall be considered as delivery of notice to the customer.
5. Service Charge: In all instances where water has been turned off because of delinquent accounts, a service charge shall be
made for the restoration of services and replacement of cash deposit as stated in subsection 6-5-SB of this chapter, will be
required. The service charge for restoration of delinquent accounts shall be established by the council by resolution upon the
passage of this chapter and may be reviewed and updated by resolution of the council at the council's desire.
6. Legal Collection Action: On or about sixty (60) days after an account becomes delinquent, the water department may initiate an
action in the small claims court of Ada County or state district court to collect any amounts past due.
G. Installment Payment Of Delinquent Accounts: In cases of extreme hardship, the city clerk shall have the discretion of renewing
service to a delinquent account upon receipt of a satisfactory installment plan for the payment of the overdue amount, the
installment period not to exceed the period of time the account was delinquent. (Ord. 202, 5-26-1992)
12: METER ERROR:
A. Meter Accuracy: All meters will be tested prior to installation. No meter will be placed in service or allowed to remain in service
which is known to have an error in registration in excess of two percent (2%) under conditions of normal operation.
B. Meter Test:
1. Standard Test: Meter tests will be conducted in accordance with standards of practice established by the American water works
association or some other test method recommended by the meter manufacturer.
2. On Customer Request: A customer may, by giving not less than seven (7) days' notice, request the superintendent to test the
meter servicing the customer's premises. The city will require the customer to pay to the city a testing fee. This fee shall be based
upon the cost of testing the meter as determined by the city council. The fee deposit will be retumed to the customer if the test
reveals the meter to over measure the water flow by more than two percent (2%) under standard test conditions, otherwise, the fee
shall be retained by the city. Customers may, at their option , witness any meter tests which they request, although the time and
date of the test shall be determined solely by the water department.
3. On Water Department Request: If, upon comparison of past water usage, it appears that a meter is not registering properly, the
water department may, at its option, test and adjust the charges accordingly if the meter either over measures or under measures
the water flow. No charge for meter testing will be made to the customer for the meter test under these conditions.
C. Adjustments Of Bill For Meter Error:
1. Liability: Neither the city nor the customer will be liable to the other for any over or under payment of water usage due to a meter
which shows readings either above or below the accuracy standard defined in subsection A of this section. This subsection C1 will
not apply as to nonreglstering meters.
2. Nonregistering Meters: The water department will bill the customer for water consumed while the meter was not registering. The
bill will be computed upon an estimate of consumption based either upon the customer's prior use during the same season of the
year, or upon a reasonable comparison with the use of other customers receiving the same class of service during the same
season and under similar circumstances and conditions. (Ord. 202, 5-26-1992)
13: DISCONTINUANCE OF SERVICE:
A. On Customer Request: Each customer about to vacate any premises supplied with water service by the water department shall
give the water department written notice of its intentions at least two (2) business days prior thereto, specifying the date service is
to be discontinued; otherwise, he will be responsible for all water supplied to such premises until the water department shall receive
notice of such removal.
At the time specified by the customer that he expects to vacate the premises where service is supplied or that he desires to be
discontinued. the meter will be read and a bill rendered which is payable immediately. In no case will the bill be less than the
monthly minimum specified in the schedule applying to the class or classes of service furnished.
B. Nonpayment Of Bills: A customer's water service may be discontinued if the water bill is not paid in accordance with the
procedures listed in subsection 6-5-11 F of this chapter.
C. Improper Customer Facilities:
1. Unsafe Facilities: The water department may refuse to fumish water and may discontinue services to any premises without prior
notice where plumbing facilities. appliances or equipment using water are dangerous, unsafe or not in conformity with the plumbing
code of the state. (Ord. 202, 5-26-1992)
2. Cross Connections: A "cross-connection" is defined as any physical connection between the potable water system and another
water supply.
The city or its agent will not permit any unprotected cross connection and will discontinue service to any persons or premises where
an unprotected cross connection exists. Service will not be restored until the cross connection is properly protected. Violation of this
chapter is subject to penalties as set forth in section 1-4-1 of this code; as such section shall be amended from time to time. (Ord.
350 6-22-1999)
D. Water Waste: Where water is wastefully or negligently used on a customer's premises, seriously affecting the general service,
the water department may discontinue service if such conditions are not corrected after notice by the water department.
E. Service Detrimental To Others: The city may refuse to furnish water and may discontinue service to any premises where
excessive demands by one customer will result in inadequate service to others.
F. Fraud Or Abuse: The city and/or the water department will refuse or discontinue service to any premises where it is deemed
necessary to protect the city from fraud or abuse. Discontinuance of service from one or both of these causes will be made
immediately upon receipt of knowledge by the water department that the condition or conditions exist.
G. Unauthorized Turn On: Where water service has been discontinued for any reason and the water is tumed on by the customer
or other unauthorized person, the water may then be shut off at the main or the meter removed. The charges for shutting off the
water at the main or removing the meter shall be established by the council by resolution after passage of this chapter and may be
reviewed and updated by resolution of the council as the council so desires. These charges shall be billed to the offending
customer and water shall not be furnished to the premises or customer until such charges are paid and the city has reasonable
assurance that the violation will not reoccur.
H. Noncompliance With Regulations: The city may, upon five (5) days' notice, discontinue service to a customer's premises for
failure to comply with any of the provisions of this chapter or city rules and regulations. (Ord. 202 5-26-1992)
14: RESTORATION OF SERVICE:
Restoration of service after discontinuance for nonpayment of bills shall be made after payment of current and past due charges
plus a restoration of service charge and posting a deposit as provided in subsections 6-5-11 F5 and 6-5-56 of this chapter.
Restoration of service after discontinuance of service for unsafe facilities, water waste, fraud, abuse, unauthorized turn on or for
noncompliance with this chapter or any of the policies, rules and regulations of the city will only be made after the irregularity has
been corrected and the city has been assured that the irregularity will not reoccur. In addition, a rule violation restoration charge
shall be required in addition to any other charges due or past due that the city may have incurred to correct the irregularity. (Ord.
202,5-26-1992)
15: UNUSUAL DEMANDS:
When an abnormally large quantity of water is desired for filling a pond, or for other purposes, arrangements must be made with the
city prior to taking such water.
Permission to take water in unusual quantities will be given only if the city facilities and other consumers are not inconvenienced.
(Ord. 202, 5-26-1992)
5-16: ACCESS TO PROPERTY:
All duly appointed employees of the water department, under the direction of the water superintendent, shall have free access, after
reasonable notice to the customer is given, at all reasonable hours of the day to any and all paris of structures and premises in
which water is or may be delivered for the purposes of inspecting connections, the conditions of conduits and fixtures, and the
manner and extent in which the water is or may be delivered for the purposes of inspecting connections, the conditions of conduits
and fixtures, and the manner and extent in which the water is being used. The water department or city does not, however, assume
the duty of inspecting the customer's line, plumbing and equipment, and shall not be responsible therefor. (Ord. 202, 5-26-1992)
17: RESPONSIBILITY FOR EQUIPMENT:
A. Responsibility For Customer Equipment: The city shall not be liable for any loss or damage of any nature whatsoever caused by
any defect in the customer's line, plumbing or equipment. nor shall the city be liable for loss or damage due to interruption of
service or temporary changes in pressure. The customer shall be responsible for valves on his premises being turned off when the
water service is tumed on.
B. Responsibility For Water Department Equipment: Water department equipment on the customer s premises remains the
property of the city and may be repaired, replaced or removed by the water department employees at any time without consent of
the customer and the city and water department shall not be liable for any damage resulting therefrom. No payment will be made to
the property owner for the right to install. maintain, replace or remove city equipment on his premises. The property owner must
keep vicious dogs or other animals secured or confined to avoid interference with the water department operations and
maintenance.
C. Damage To City Equipment: The customer shall be liable for any damage to equipment owned by the city which is caused by an
act or negligence of the customer. its tenants, agents, employees contractors. licensees or permittees. Damage to equipment shall
include, but not be limited to, breaking of seals and locks , tampering with meters, injury to meters, including, but not limited to
damages by hot water, steam , and damaged meter boxes, curb stops, meter stops and other appurtenances. (Ord. 202, 5-26-1992)
18: FIRE HYDRANTS:
A. Operation: No person or persons, other than those designated and authorized by the water department shall open any fire
hydrant belonging to the city, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this
regulation will be prosecuted under applicable state and federal law. No tool other than special hydrant wrenches shall be used to
operate a hydrant valve. In cases where a temporary service has been granted and the temporary service received water through a
fire hydrant, an auxiliary external valve will be provided to control the flow of water.
B. Moving A Fire Hydrant: If a property owner or other party desires to change the size, type, or location of the hydrant, the property
owner shall bear all costs of such changes. Any changes in the location of a fire hydrant must be approved by the city, which shall
obtain consent from the local firefighting authorities. (Ord. 202, 5-26-1992)
19: PENALTIES:
Any person violating any of the provision of these rules and regulations, shall. upon conviction thereof, be punished by a fine not
exceeding three hundred dollars ($300.00) or by imprisonment for a period not exceeding six (6) months, or by both such fine and
imprisonment. (Ord. 202, 5-26-1992)
20: SUSPENSION OF RULES:
No employee of the water department 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. (Ord. 202. 5-26-1992)
21: EASEMENT:
Each applicant and user gives and grants to the city of Eagle an easement and right of way on and across his property for the
Installation of water mains and the necessary valves and equipment in connection therewith. (Ord. 202, 5-26-1992)
5-22: CONSTRUCTION AND DESIGN STANDARDS:
The standards for construction and design pertaining to this chapter shall be established by the council by resolution upon passage
of this chapter and shall be reviewed annually and updated by resolution of the council. (Ord. 202, 5-26-1992)
5-23: DONATION OF WATER SYSTEMS TO THE CITY:
A. Design Standards: All newly constructed water systems shall be designed according to the city construction and design
standards as it pertains to water systems.
B. Water Systems Shall Be Dedicated To The City: All newly constructed domestic drinking water systems, constructed after the
enactment of this chapter within the water service area, must be dedicated to the city, at the city's option, after the city inspects
such system for compliance with the construction and design standards. Included in the public dedication of the water system, the
water system owner must also provide a reasonable right of way and easement to allow for maintenance and service of the water
system. (Ord. 202, 5-26-1992)
24: CONTRIBUTION OF PROPORTIONATE OFF SITE CONSTRUCTION COSTS:
A. Water Construction Equivalency Fee: Notwithstanding any of the provisions of this chapter, any person or property owner who
has not otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a water line, drilling
necessary wells, development of storage facilities or reservoirs, or construction of distribution lines whether that construction has
been performed by the city, a local improvement district or a private entity, or combination thereof, and who subsequently desires to
connect to the city water system, shall be required to pay. in addition to the required service connection charges and the monthly
user charges, an additional connection charge which shall be known and referred to as the "Water Construction Equivalency Fee
B. Determination Of Payment: In determining who has or has not paid, or contributed proportionately, toward the costs and
expenses of constructing a water line, the sole factor shall be whether that user, or a predecessor in title of the user's property, has
in fact, paid consideration to the city in cash, services, or in kind, for the construction of the water main or trunk line to which the
user now desires to connect, which consideration is commensurate with what the user, or his predecessor in title, would have paid
under this section had the user not paid or contributed previously to the cost of construction of the water line.
C. Water Construction Equivalency Fee Established By Council Resolution: The water construction equivalency fee for each parcel
of ground served by the new water line shall be established and set by the council by resolution upon passage of this chapter and
shall be reviewed annually and updated by resolution of the council, which shall consider the use to which the property will be put
the expected water demand, and the amount of delivery capacity of the line that will be used by the proposed use.
D. Considerations For Determination Of Water Construction Equivalency Fee: The council shall also take into consideration the
amount of land that might be able to be serviced by the water line whether the land to be benefited is directly adjacent to the line or
not and shall also take into consideration the cost of the engineering and construction of the line, in current dollars and shall
consider the interest that could have been earned on the money used to pay for the original water line. The water construction
equivalency fee may be different for residential, commercial, and industrial uses and may be different for different uses within those
classifications depending upon the considerations referenced above and may also vary as to whether the property to be served is
within or outside the city limits. (Ord. 202, 5-26-1992)
25: COOPERATIVE AGREEMENTS:
A. Cooperative Agreements: Should a customer or developer, at its own expense, construct an extension to the water system in a
public right of way or easement according to the city's construction and design standards, with prior approval of the city, and which
water line extension has been determined by the city to be able to benefit properties other than the customers or developer's, the
customer or developer constructing the extension may request that the city enter into an agreement with the customer or developer
such that all or a portion of the costs of extending the water line will be reimbursed to that water developer from the service
connection charges collected from those property owners who will benefit from the water line extension and who otherwise have not
paid or contributed their proportionate share to the construction costs of that water line and who are required to pay the water
construction equivalency fee. The city may require the customer or developer to construct an oversized line, where it is determined
that a larger water line is necessary to serve other areas in the future.
B. Discretion Of Council: The city shall not be required to enter into any such agreement and the decision as whether or not to enter
into any such agreement shall be at the sole discretion of the city council.
1. Duration: No reimbursement agreement shall have a duration greater than ten (10) years unless the city is a beneficiary of the
agreement.
2. Reimbursement Limitation: No reimbursement agreement shall pay to the water user, paying for or constructing a water line
extension. more than one hundred percent (100%) of their actual engineering and construction costs. it being noted that in most
cases at least some of the cost would ordinarily be assessed to the water user s own property.
3. Interest: A reimbursement agreement may provide for interest to be paid to the customer or developer.
4. Administrative Fee: The city shall charge a ten percent (10%) administrative fee for handling the accounting, auditing, and
payment of the reimbursement payments made to the developer or customer so extending the water line under the reimbursement
agreement with the city.
5. Nonassignable: The reimbursement agreement shall be personal to the user entering into it and shall not be assigned without the
written consent of the city, which consent will not be unreasonably withheld.
6. Termination: The agreement will terminate when the user has been fully reimbursed.
7. Binding On Successors: The agreement shall be binding on the water user and its assigns, successors, heirs, and executors and
may be recorded as an encumbrance against the property of the water user.
C. Indemnification: The water user shall be required to indemnify and hold the city harmless from any and all liability whatsoever
until the water line has been accepted for maintenance by the city; said lines, after acceptance, shall become part of the city water
system and become the sole property of the city.
D. City May Initiate: Where the city constructs a water line extension, in conjunction with another person or entity, the city may enter
into a reimbursement agreement as authorized above such that the city is reimbursed for its costs of construction, engineering,
legal costs and interest. (Ord. 202, 5-26-1992)
26: AUTHORITY TO ISSUE RULES AND REGULATIONS:
The city is authorized and empowered to issue rules and regulations necessary for operation of the water system consistent with
the terms of this chapter. (Ord. 202, 5-26-1992)
EXHIBIT D
FORM OF REPORT
United Water
Monthly Report
City of Eagle O&M Contract
Month: 200
Financial Data
Monthly Production (1000 gallons)
Water Imported from UWID (1000 gallons)
Total
Monthly Consumption (1000 gallons)
Monthly Revenue Billed (Total)
Water Sales $
Meter Set Fees $
Total Customers YTD - Current Month
Total Customers YTD - Prior Month
Net Change
Field Operations
New Construction Inspection
Fire Flows
Fire Hydrant Maintenance
Valve Box Maintenance
Meter Box Maintenance
Leak Repair
Leak Checks
Dig Line Locations
Pressure Complaints
Service Installations
Customer Complaints
Written Complaints
Summary of Complaints
Oral Complaints
Summary of Complaints
Additional Comments:
United Water
Quarterly Report
City of Eagle O&M Contract
Quarter - 200
Financial Data
Quarterly Production (1000 gallons)
Qtr YTD
Water Imported from UWID (1000 gallons)
Water Exported to UWID (1000 gallons)
Total
Quarterly Consumption (1000 gallons)
Quarterly Revenue Billed (Total)
Aged Accounts Receivable
Write-offs to Expense
% of Total
Current 30 Days 60 Days 90 Days Total (90 Days)
Total Customers
I Beginning of
200 200 - 200
Bacterial & Chemical Tests (See Attached)
Location Test Result
Date of Test
Power & Chemical Costs:
Power
Quarter YTD
See attached power bills.
Chemicals Quarter
Sodium Hypochlorite
YTD
Field Operations
Major Activities with Customer Notification
Fire Suppression
Fire Flows (1000 gallons)
Annual Spring Flushing Program (1000 gallons)
Unaccounted-for-Water 12-mo. Rolling Avg.
Capital Proaram
Capital Expenditures:
Quarter $
YTD
Capital Projects
Additional Comments:
United Water
Annual Report for 200
City of Eagle 0 & M Contract
Report on Capital Improvements Completed in 200
Service Summary for 200
Volume Produced (1,000 allons)
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec 200
Total
Lexington
Hills #1
Lexington
Hills #2
Transfer Quantitv- Brookwood (1,000 aallons)
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec 200
Total
ToUWI
From UWI
Customer Consumotion (1 000 qallons)
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec 200
Total
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dee 200
Total
Quality
Pressure
Water Service Complaints
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec 200
Total
Service Connections
Describe unusual service events in 200- (e.g. fires, main breaks):
Maintenance & Repair Summary - 200
Meter replacements:
Fire Hydrant Maintenance:
Operational tests:
Hydrant flows:
Standard repairs:
Abnormal repairs:
Consumer Confidence Report
See attached report.
Other Quality-related Reporting
Water Quality:
Low Pressure and/or Service Interruption:
EXHIBIT E
CITY OF EAGLE
GENERAL METERED SERVICE
Availabilitv
To all metered customers.
Customer Charoes
Monthly
Per Meter Charqe
$8.
14.
28.
45.
85.
Meter Size
5/8"
3/4"
1/4" or 1-1/2"
2" or multiple meters of equivalent capacity
3" or multiple meters of equivalent capacity
Volume Charoe
Metered water used per 100 cubic feet (CCF):$~1.
Conditions of Contract:
The customer shall be billed monthly the customer charge plus the volume charge. The volume
charge is based on all metered water for the billing period. The customer charge will be prorated
whenever the customer has not been a customer for the entire billing period.
A Connection Fee shall be no less than $850.00 per residential lot or equivalent residential
connection.
Issued: September 15 , 2004 Effective: September 15 2004
Under authority of City of Eagle
EXHIBIT F
INITIAL BASE OPERATING CHARGE
The Initial Base Operating Charge is $265 000.00.