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1988 ORDINANCE NO 3 i ` e 1 BASIN COUNTY WATER AND/OR SEWER DISTRICT ORDINANCE NO. 3 AN ORDINANCE REGULATING THE TERMINATION OF WATER SERVICE IN CASE OF LEAKS FROM WATER LINES LOCATED ON PRIVATE PROPERTY , WHICH LINES ARE CONNECTED TO THE BASIN WATER SYSTEM; PROVIDING FOR NOTICE IN THE EVENT OF INTENDED TERMINATION OP WATER SERVICE IN THE EVENT OF MAJOR AND MINOR LEAKS; PROVIDING THAT SAID ORDINANCE IS AN "EMERGENCY" ORDINANCE AND PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR SUCH OTHER MATTERS AS RELATED TO SUCH WATER LEAKS. WHEREAS , the Basin County Water and/or Sewer District has been duly and regularly authorized by its citizens to construct and operate a public water system for the benefit of said District and the citizens and residents therein; and, WHEREAS , such a public water system has been previously constructed and is in fact providing water to said citizens and residents; and, WHEREAS , it has come to the attention of the Board of Trustees that certain connections to said public water system, which said connections are located upon private property owned by the District ' s citizens , residents and beneficiaries, are presently leaking at various rates; and, WHEREAS, such leaks are presently endangering the economic, efficient and/or safe operation of said public water system, which endangerment increases as winter and severe weather conditions approach; and, WHEREAS, the Board of Trustees of said District finds that the adoption of this Ordinance is necessary for the general health , welfare, safety and convenience of its citizens and residents ; and that , if action is not taken immediately to correct such leaks, or to provide a method for such correction of leaks, the public health, safety and/or welfare will be seriously injured; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE BASIN COUNTY WATER AND/OR SEWER DISTRICT OF BASIN 0 / BASIN, JEFFERSON COUNTY, MONTANA, AS FOLLOWS: SECTION I . Definitions . Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: A . "Major Leak " means any leak , occurring within the boundaries of the Basin County Water and/or Sewer District but on private property, which said leak appears , to the District any?/or its authorized personal, to be at a rate exceeding one ( 1 ) gallon per minute. B. "Minor Leak" means any such leak which does not appear to exceed one ( 1 ) gallon per minute. In addition to the foregoing definitions, any and all definitions , contained in ordinances previously adopted by the District , are also applicable hereto unless the context specifically indicates otherwise. 1 11111 I I IIII II 11111111111113 01 n111-1- • 239571 Fee 90.00 Page 1 of 3 JEFFERSON COUNTY 's isk. Recorded 12/16/2010 At 11:35 AM BONNIE RAMEY,Clerk and Recorder By f • • SECTION II . Repair of Leaks Required. A. No person shall allow any water service line, connecting the District ' s main water lines to his private property or premises located within the District , to leak following notice from the District of such a leak as provided herein. B. Except as provided herein for emergency situations where property or water services are jeopardized, the District and/or its authorized representatives shall provide prior notice as specified herein to any such person, resident or citizen whose ' water service line has a leak in the water service line located on or under the said person's, resident 's, or citizen 's private property or premises. Persons whose water service lines have a major leak shall be entitled to at least forty-eight (48 ) hours ' notice prior to termination of water service and persons whose water service lines have a minor leak shall be entitled to fifteen (15) days' notice. C. All such notice shall be posted at the location where the said private property or premises is entered from the public street , road or right-of-way and upon the main entrance to any structure or dwelling upon said property or premises if the same can be determined. In addition, a copy of such notice shall be mailed to the said person, resident or citizen, by certified mail with return receipt requested, to the last known address of said person, citizen or resident as shown in the District' s official billing records . Such notice shall be effective upon and after the certified mailing and the expiration of the notification period specified above. In addition, such notice may also be delivered personally to said person, resident, or citizen and the notification period shall begin immediately upon such personal service. SECTION III . Termination of Service . A. In the event any person ignores the above-described notification of a leak, and does not timely correct the same, then the district shall be entitled at its discretion and without further notice, to terminate water service until the leak is repaired. B. In addition to the foregoing powers of the District, the Board reserves the right, and shall be entitled, to terminate service immediately and without prior notice if any leak jeopardizes property of other persons, residents or citizens, jeopardizes the District's property, or threatens a substantial interruption of service or availability of water to others or to the District itself. SECTION IV. Restoration of Service. A . The procedures for obtaining restoration of water service, once the same has been terminated by the District, shall be the same as set forth in Basin County Water and/or Sewer District Ordinance No. 1, dated October 19 , 1976 . Further , any person who attempts to repair such a leak , prior to expiration of the notification period and termination of the District , shall follow all procedures set forth in said prior ordinance other than those pertaining to the posting of a bond of $1 ,000 . Those persons whose service is terminated shall post said bond in addition to following all other provisions and requirements of said prior ordinance . -2- I X111111111 111111111111111111111111 11 111111111 239571 Fee$0.00 Page 2 of 3 JEFFERSON COUNTY Recorded 12/16/2030 At 11:35 AM BONNIE RAMEY,Clerk and Recorder ' SECTION. V. Penalties. A . Any person , resident or citizen of the District , violating any of the provisions of this Ordinance shall be liable to the District for any and all expense, loss or damage incurred by the District by reason of such violation. SECTION VI . Validity. A. Except as any prior ordiances or part of ordinances may be in conflict herewith, the same shall remain in full force and effect . B . The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts. SECTION VII , Declaration of Emergency and Effective Date. A. This Ordinance is hereby declared an emergency measure necessary to protect the public health, safety and welfare and shall take effect immediately upon passage and approval . PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE BASIN COUNTY WATER AND/OR SEWER DISTRICT OF BASIN, JEFFERSON COUNTY, MONTANA, ON THIS DAY OF 0-6 A4MME'R, 1988 , BY THE FOLLOWING VOTE: $ePriArt t3 r/c. Aye: � lL / ) Aye: ;��;A I Ja , Aye: Xe Aye: Aye : Aye: Nay: APPROVED this r75"day of September, 1988. (/ PRESIDENT ATTEST: , • ~ - Clerk/Secretary of the District reta• 1111111 II I I II IIII III lIN IIII NIII IN 1 111 II 1II 239571 Fee $0.00 Pale 3 of 3 JEFFERSON COUNTY Recorded 12/16/2010 At 11:35 AM BONNIE RAMEY,Clerk and Recorder 1 J/ Tv/