Ordinance # 135

AN ORDINANCE PROVIDING RATES TO BE CHARGED FOR WATER SERVICE BY THE CITY OF RIGGINS, IDAHO; PRESCRIBING THE RULES AND REGULATIONS FOR THE CONDUCT AND OPERATION OF THE WATER SYSTEM OF SAID CITY AND CONNECTION THEREWITH; REGULATING AND GOVERNING THE USE OF WATER FROM SAID SYSTEM; PROVIDING PENALTIES FOR NONPAYMENT OF WATER SERVICE AND FOR VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.

NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF RIGGINS ORDAIN AS FOLLOWS:

SECTION 1.    TITLE:    This Ordinance shall be known as "The Rules and Regulations for the Operation of the Water System of the City of Riggins, Idaho", and may be so cited and pleaded.

SECTION 2.    DEFINITIONS OF GENERAL TERMS

    1.    "City"    shall mean the City of Riggins

    2.    "City Council"    shall mean the members composing the City Council, including the Mayor of the City of Riggins, Idaho.

    3.    "Superintendent"    shall mean the person appointed by the City Council to superintend the affairs of the Water Department.

    4.    "Applicant"    shall mean any person or persons, firm or corporation, making application for water service under the terms of these regulations.

    5.    "Customer" or "User"     shall mean an applicant who has been accepted under the terms of these regulations and who receives water service from the City.

SECTION 3.    SERVICE AREA    The area served by the City shall be all that area included within the corporate limits of the City of Riggins.  The area served may be expanded by annexation into the City.

SECTION 4.    DESCRIPTION OF SERVICE   

    1.    Supply:    The City 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 City shall not be liable for damage resulting from the interruption in service or from lack of service.  Temporary suspension of service by the City for improvements and repairs will be necessary occasionally.  Whenever possible, and when time permits, all customers affected will be notified prior to shutdowns.

    2.    Quality:    The City will exercise reasonable diligence to supply safe and potable water at all times.

    3.    Ownership of System:    All water mains, valves, fittings, hydrants, and other appurtenances, except "customer service lines", as defined in Section 7, Subsection (1) herein, shall be the property of the City.

    4.    Classes of Service:    The classes of service shall be Residential, Commercial, Standby Fire, and contract as further qualified by the number after the class as follows:

        a.    Residential Service:    Residential service shall consist of all services for domestic purposes, single family dwellings, homes and municipal purposes.

        b.    Commercial Service:    Commercial service shall consist of those services where water is used for commercial services, such as businesses and multi family dwellings, and /or churches, civic lodges, etc.

        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 City purposes under contracts authorized by the City Council.

    5.    Special Contracts:    When the applicant's requirements for water are unusual, large, or necessitate special or reserve equipment or capacity, 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 contract shall be in writing, signed by the applicant and approved by the Mayor and City Clerk or the City of Riggins.

    6.    Resale Water:    Resale of water shall be permitted only under special contract, in writing, between the City and the person, parties or corporation contracting for the water.

    7.    Service Preference:    In case of shortage of supply, the City reserves the right to give preferences in the matter of furnishing services to customers and interest of the City from the standing of public convenience or necessity.

SECTION 5.    APPLICATION FOR SERVICE:

    1.    Application Form:    Each applicant for water service shall sign an application form provided by the City giving the date of application, location or premises to be served, the date applicant desires services to begin, purpose for which service is to be used, the owner of the property, address for mailing of the billings, the class and size of the meter service, and such other information as the City 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 City to serve.

    2.    Deposits:    At the time application for service is made, the applicant shall make a cast deposit with the City to secure the payment for service. The deposit shall be a sum equal to the estimated bill for two months service, but not less than $50.00.  The deposit is not to be considered as a payment on account. In the event the service is discontinued, the deposit will be applied tot he closing bill and any amount in excess of the closing bill will be refunded. No interest will be paid on any deposit.

    3.    Forfeiture of Deposit:    If any account becomes delinquent and it is necessary to turn off the service, the deposit shall be applied tot he unpaid balance due.  Water service will not be restored to said premises or that customer at different premises until all outstanding bills due the City have been paid and the cash deposit replaced, together with a $15.00 service charge as provided in Section II, Subsection 6 Herein.

    4.    Application Amendments:    Customers desiring a material changes 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 two weeks 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.

SECTION 6.    MAIN EXTENSIONS:    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. Sun-Dividers for newly partitioned properties will assume all costs of main extensions with the approval of the City Council.  The City will make water main extensions only on right-of-ways, easements or publicly owned property. Easements or permits secured for main extensions shall be obtained in the name of the City of Riggins, along with all right and title to the main at the time the service is provided to the customers paying for the extension.

SECTION 6.    SERVICES:

    1.    Definition:    The "Service Connection" shall be that part of the water distribution system which connects the meter to the main and shall normally 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.

    2.    Ownership, Installation, and Maintenance:    The City shall own, install and maintain all services and installation and maintenance shall only be performed by authorized employees or agents of the City. The Customer shall own, install and maintain the customer service line.

    3.    Service Connection Charges.    At the time the applicant files for service where not service previously existed, or if he is filing for a change in service size or location, he shall submit with the application the service connection charge.

            This charge is a connection fee plus the actual cost to the City to install the service from the main to, and including, the meter and the meter housing. The service connection charge shall be as determined by rate schedules adopted in City of Riggins Ordinance #122.

    4.    Size of Service:    The City will furnish and install a service of such size and at such locations as the applicant requests, provided such requests are reasonable and that the size requested is one that is listed by the City.  The minimum size of service shall be three fourths (3/4) inch.  The City may refuse to install a service line which is undersized or oversized as determined by a study and report to the City Council.

    5.    Changes in Service Sites:    Permanent changes in the size of the service line requested by the customer shall be paid by the customer on the basis of City Ordinance #122, with consideration given to original connection size.

    6.    Length of Service:    Where the main is in a public right-of-way, the meter will be placed at the right-of-way line nearest the property to be served for the standard connection fee, 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 designate rights-of-way, the services shall be installed tot he boundary of the easement or public property by the City, provided the length of service does not exceed thirty (30) feet.

            If, in either case above, the length of service 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 City for labor, materials and equipment plus 15 percent.

    7.    Joint Service Connections:    The City may, at its option, serve two or more premises with one 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 individual service lines of the same size as the meters installed.

            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 meter except under special considerations approved by the City Council.

    8.    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.

    9.    Standby Fire Protection Service Connections:   

        a.    Purpose    Standby fire protection service connections of two inch 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 City 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 codes of the State of Idaho and the City.

        b.    Charges for Service.    Charges for standby fire protection service will be stated in the published water rate schedule.  No charge will be made for water used in the standby fire protection services to extinguish accidental fires or for routine testing of the fire protection system. The customers shall pay the full cost of the standby fire protection service connection, any required detector meter check meters, and any required special water meter installed for the service to the standby  connection.

        c.    Violation of Regulations.    If water is used from a standby pipe connection service in violation of these regulations, an estimate of the amount used will be computed by the City.  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.

    10.    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.

    11.    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 furnished by the City. The applicant shall also pay his water bill in advance and based on an estimate of the quantity used, or he shall otherwise establish satisfactory credit.

        a.    Time Limit:    Temporary service connections shall be disconnected and terminated with six months after installation unless an extension of time is granted in writing by the City.

        b.    Charge for Water Served.    Charges for water furnished through a temporary service connection shall be  at the established rates set forth in the current water rate schedule.

        c.    Installation Charge and Deposits.    The applicant for temporary service will be required:

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

            2.    To deposit and 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.

            3.    To deposit with the utility an amount equal to the value of any equipment loaned by the City to such applicant under the terms of Section 7, Sub-section II(d) hereinafter.

        d.    Responsibility for Meters and Installation.    The customer shall use all possible care to prevent damage tot he meter or to any other loaned facilities of the Water Department. If the meter or other facilities are damaged, the cost of making repairs shall be deducted from the deposit fund. If the loaned materials are returned in satisfactory condition and all bills paid, the full amount of the equipment deposit will be returned tot he temporary customer at the termination of service.

    12.    Customer's Plumbing

        a.    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 all plumbing codes of the State of Idaho, and the City.

        b.    Control Valves.    Customers shall install a suitable control valve in the customer service line in an easily accessible location, the operation of which will control the entire water supply to the premises served.

                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.

SECTION 8    METERS

    1.    Ownership.    The City will own and maintain all water meters. The City will not pay rent or any other charge for a meter or other water facilities, including housing and connections on a customer's premises.

    2.    Installation.    Installation of water meters shall be performed only by authorized employees of the City.  All meters sealed by the City at the time of installation shall not be altered or broken except by one of its authorized employees.

    3.    The Size and Type of Meter.    Applicants may request and receive any size meter regularly stocked or furnished by the City, provided the request is reasonable and further provided that the meter is not greatly oversized or undersized, as determined by the Superintendent. The City reserves the right to determine the type of meter to be installed.

    4.    Location of Meters.    Meters shall normally be placed at the curb or property lines; the meter will be installed wherever the applicant desires within reason, but the location must be approved by the City. The meters will not be located in driveways or other locations where damage to the meter or its related parts may occur.

    5.    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.

    6.    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 customer's application shall be amended. Meters or services moved for the convenience of the customer will  be relocated only at the customer's expense.

SECTION 9    WATER RATES    The water rates to be charged for each class of service, including minimum charges, charges for water used over the minimum, shall be set forth in the monthly rate schedule as adopted by the City and as amended from time to time. The rate schedule may be revised periodically by the City Council by Resolution without invalidating the remainder of these Rules and Regulations. The rates shall be as set forth in Exhibit A. Said rates and charges are, and shall continue to be, uniform as to all persons or properties which are of the same class.

SECTION 10    NOTICES.

    1.    Notices to Customers.    Notices from the City to the customer will normally be given in writing and either mailed to or delivered at the last known address. Where conditions warrant and in emergencies, the City may notify either by telephone or messenger.

    2.    Notices from Customers    Notices from the customer to the City may be given by the customer or his authorized representative orally or in writing at City Hall

SECTION 11    BILLING AND PAYMENTS

    1.    Meter Readings.    Meters will be read and customers billed on the basis of the meter reading to the nearest 100 gallons.

           The City will keep an accurate account on its books of all readings of meters and such account so kept shall be offered at all times, places and courts as prima facie evidence of the use of water service by the customer.

    2.    Rendering of Bills.   

        a.    Billing Period.    All meters shall be read and bills rendered therefore monthly. Billing shall begin when water is available to the property.

        b.    Bills for Other Than Normal Billing Period.    Opening or closing bills, or bills that for any other reason cover a period containing 10 percent more days or 10 percent less days than in the normal billing period shall be prorated.

        c.    Bills for More than One Meter.    All meters supplying a customer's premises shall be billed separately, except that where the City has for operating purposes installed two or more meters in place of one, the reading may be combined for billing.

    3.    Disputed Bills.   When a customer disputes the correctness of a bill, he shall deposit the amount of the disputed bill at the time the complaint is lodged, to preclude 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 shall warrant discontinuance of service as provided under Sub-section 6 of this section. Disputes shall be addressed within thirty (30) days by the City.

    4.    Failure to Read Meters.    In the event that it shall be impossible or impractical to read a meter on the regular reading date, 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.

    5.    Payment of Bills

       a.    Each bill rendered shall contain the final date on which payment is due. If the bill is not paid within 10 days, the account shall be considered delinquent, unless other arrangements have been made with the City in writing that specify another due date.

        b.    The City will bill the property owner for water use and the property owner shall be the party responsible for all bills.

    6.    Delinquent Account

        a.    Delinquent Notice.    A reminder of account delinquency may be sent, at the discretion of the City, to each delinquent account on or about ten (10) days after the account becomes delinquent.

        b.    Turn-Off Notice.    On or about twenty (20) days after an account becomes delinquent, a turn-off notice may be sent to the customer. Said notice shall state a date on which water will be turned off if the delinquent account in not paid in full prior thereto.

        c.    Service Turn-Off.    On the turn-ff date, the meter reader or other agent of the City shall deliver a written notice to the customer stating that the water service is being turned off until all delinquent amounts have been paid. The meter reader or other agent of the City shall immediately there-after turn off the service. A delivery to the premises served by the meter shall be considered a delivery to the customer. The service shall not be discontinued without a turn-off notice being delivered at least ten days prior to the date of discontinued service.

         d.    Service Charge    In all instances where water has been turned off because of delinquent account, a $15.00 service charge shall be made for the restoration of services and replacement of cash deposit as stated in Section 5, sub-section 2 herein, will be required.

    7.    Installation Payments of Delinquent Accounts.    In cases of extreme hardship, the City Clerk, with approval of the Mayor, may renew service to a delinquent account upon receipt of a satisfactory installment plan for the payment of the overdue amount, the installment period not the exceed the period of time the account was delinquent.     

SECTION 12    METER ERROR

    1.    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 know to have an error in registration in excess of 2 percent under conditions of normal operation.

    2.    Meter Test   

        a.    Standard Test    Meter tests will be conducted in accordance with standards of practice established by the American Water Works Association.

        b.    On Customer Request.    A customer may, giving not less than seven day prior notice, request the City to test the meter servicing his premises. The City will required the customer to deposit the testing fee.  This fee shall be $25.00 for meters 3/4 inch and smaller, and for meters larger that 3/4 inch shall be an estimate of the cost of testing the meter as determined by the Superintendent. The deposit will be returned to the customer if the test reveals the meter to over-register more than 2 percent under the standard test conditions. Customers may at their option witness any meter tests which they request.

        c.    On Water Department Requests.    The City may at its option test the meter and adjust the charges accordingly if the meter over-registers or under-registers. No charge for meter testing will be made tot he customer for the meter test under these conditions.

    3.    Adjustments of Bill for Meter Error

        a.    No credits or debits will be borne by the City or the customer should the tested meter show various high or low, from the accuracy defined in Section 12, sub-section (1).

        b.    Non Registering Meter    The City 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.

SECTION 13    DISCONTINUANCE OF SERVICE

    1.    On Customer Request.    Each customer about to vacate, and/or sell any property supplied with water service by the City shall give the City written notice of his intentions as least two day prior thereto, specifying the date service is to be discontinued; otherwise, he will be responsible for all water charges against such premises until the City receives notice of new owner or purchaser of property.

            At the time specified by the customer that he expects to sell the property where service is supplied, the meter will be read and a bill rendered which is payable immediately. If a customer gives notice that he intends to vacate the property, with no transfer of ownership, the property will be classed as an unoccupied property. In no case will the bill be less than the monthly minimum specified in the rate schedule for unoccupied/unused connection.

    2.    Non-payment of Bills.    A customer's water service may be discontinued if the water bill is not paid in accordance with the procedures listed in Section 11, sun-section (6) of these Rules and Regulations.

    3. Non-payment of Water Service Charges.    If such rates and charges are not paid when due by any such person, firm, or corporation, the amount so unpaid may be certified by the City Clerk to the County Assessor  of Idaho County, Idaho, and shall be by him assessed against the premises served as provided by law and shall be collected and paid over to the City in the same manner as other taxes are assessed, collected and paid.  Such unpaid charges may also be recovered in an action at law in the name of the City.

    4.    Improper Customer Facilities

        a.    Unsafe Facilities    The City may refuse to furnish 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 of Idaho.

        b.    Cross Connections are Prohibited.    A cross connection is defined as any physical connection between the City's system and another water supply.

                The City will not permit any cross connection and will discontinue service to any persons or premises where a cross connection exists. Service will not be restored until the cross connection is eliminated.  Customers using water from one or more sources in addition to receiving water from the City on the same premises shall maintain separate systems for each, and the City's water supply facilities shall be separated from any and all other systems by an air gap of not less than one foot, or if in the ground, by not less than five feet.

    5.    Water Waste    Where water is wastefully or negligently used on a customer's premises, seriously affecting the general service, the City may discontinue service is such conditions are not corrected after due notice by the City.

    6.    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.

    7.    Fraud or Abuse.    The City 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 City that the condition or conditions exist.

    8.    Unauthorized Turn-on    Where water service had been discontinued for any reason and the water is turned 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 not less that $100.00.  These charges shall be billed to the offending customer and water shall not be furnished tot he premises or customer until such charges are paid and the City has reasonable assurance that violation will not reoccur.

    9.    Non-Compliance With Regulations    The City may, upon five days notice, discontinue service to a customer's premises for failure to comply with any of the provisions of these regulations.

SECTION 14    RESTORATION OF SERVICE.    Restoration of service after discontinuance for non-payment of bills shall be made after payment of current and past due charges plus $15.00 for restoration charge and posting a deposit as herein provided.

    Restoration of service after discontinuance of service for unsafe facilities, water waste, fraud, abuse or for non-compliance with any of the policies, rule and regulations will only be made after the irregularity has been corrected and the City has been assured that the irregularity will not reoccur.  The restoration charge shall be $100.00 plus any other charges due or past due that the City may have incurred to correct the irregularity.

SECTION 15.    UNUSUAL DEMANDS    When an abnormally large quantity of water is desired for filling a swimming pool, log 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 adequate water is available and City facilities and other customers will not be inconvenienced.

SECTION 16.    ACCESS TO PROPERTY.    All duly appointed employees of the City shall have free access at all reasonable hours of the day to any and all parts 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 being used.

    The City does not, however, assume any duty of inspecting the customer's line, plumbing and equipment, and shall not be responsible therefore.

SECTION 17.    RESPONSIBILITY FOR EQUIPMENT

    1.    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 turned on.

    2.    Responsibility for City Equipment.    City equipment on the customer's premises remains property of the City and may be repaired, replaced or removed by the City employees at any time without consent of the customer. No payment will be made tot he 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 utility operation and maintenance.

    3.    Damage to City Equipment.    The customer shall be liable for any damage to equipment owned by the City which caused by an act of the customer, his tenants, agents, employees, contractors, licensees, or others permitted by the customer to be on said premises.  Damage to equipment shall include but not limited to, breaking of seals and locks, tampering with meters, injury to meters, including but not limited to damages by hot water or steam, and damaged meter boxes, curb stops, meter stops and other appurtenances.

SECTION 18    FIRE HYDRANTS

    1.    Operation    No person or persons other than those designated and authorized by the City 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 according to 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 received water through a fire hydrant, an auxiliary external valve will be provided to control the flow of water.

    2.    Moving a Fire Hydrant    When a fire hydrant has been installed in the locations specified by the proper authority, the City has fulfilled it's obligation.  If a property owner or other party desires to change the size, type or location of the hydrant, he shall bear all costs of such changes. Any changes in the location of a fire hydrant must be approved by the City Council and the Fire Department.

SECTION 19    PENALTIES    Any person violating any of the provisions of the rules and regulations shall, upon conviction thereof, be punished by a fine not exceeding $300.00 or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. The City may also utilize civil process to enforce these regulations.

SECTION 20    SUSPENSION OF RULES    No employee of the City 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 in jeopardy.

SECTION 21    EASEMENT    Each applicant and uses gives and grants to the City an easement and right-of-way on and across his property for the installation of water mains, meters, and the necessary valves and equipment in connection herewith.

SECTION 22    PRIOR ORDINANCES    The provisions of any prior Ordinance of the City that may be in conflict with any of the rules and regulations or provisions herein contained are hereby repealed and superceded tot he extent of such inconsistency.

SECTION 23    CONSTITUTIONALITY, SAVING CLAUSE    If any clause, sentence, paragraph, section or portion of this Ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder of this Ordinance, but shall be confined in its operation to the clause, sentence, paragraph, section or portion of this Ordinance directly involved in the controversy in which the judgment is rendered.

SECTION 24    EFFECTIVE DATE    This Ordinance shall be in full force and effect after its passage, approval and publication according to law.

PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF RIGGINS, IDAHO on this 9th day of June, 1997.

CITY OF RIGGINS RESOLUTION 05-08

WHEREAS, The Council of the City of Riggins has passed Ordinance #135, which establishes water rules, regulation and rates, and

WHEREAS, The Council of the City of Riggins has, by that ordinance, been authorized to establish minimum rates for water service, to provide for maintenance, operation, debt retirement, and future capital expense of the water system, and

WHEREAS, The Council of the City of Riggins has reviewed the budget required to adequately fund the system, and determined a water rate sufficient to meet that budget, now

THEREFORE LET IT BE RESOLVED that the Council of the City of Riggins has established water rate schedule as follows:

RESIDENTIAL RATE  
Single Family Dwelling: 1 EU
$22.00 0-8,000 Gallons
Plus $.35 per each 1,000 gallons, or fraction thereof Next 8,000 Gallons
Plus $.65 per each 1,000 gallons, or fraction thereof Over 16,000 Gallons
COMMERCIAL RATE  
Small Business 1-1.99 EU's (Less than 2)
$22.00 0-8,000 Gallons
Plus $.60 per each 1,000 gallons, or fraction thereof Next 42,000 Gallons
Plus $.90 per each 1,000 gallons, or fraction thereof Over 50,000 Gallons
Large Business 2 or more EU's
$44.00 0-16,000 Gallons
Plus $.70 per each 1,000 gallons, or fraction thereof Next 34,000 Gallons
Plus $.95 per each 1,000 gallons, or fraction thereof Over 50,000 Gallons

BE IT FURTHER RESOLVED that this rate schedule shall be effective October 1, 2005

RESOLUTION PASSED AND APPROVED by the City Council of the City of Riggins, on this 24th day  of August, 2005.