03-09-20 Work Session Agenda and MaterialsCITY COUNCIL
CITY OF WORK SESSION AGENDA
KALISPELL March 9, 2020, at 7:00 p.m.
City Hall Council Chambers, 201 First Avenue East
A. CALL TO ORDER
B. DISCUSSION ITEMS
1. Locomotive Donation to Kalispell Parkline Trail
2. Proposed Amendments to the Water and Sewer Rate Schedules, Regulations, and
Impact Fees
C. PUBLIC COMMENT
Persons wishing to address the council are asked to do so at this time. Those addressing
the council are requested to give their name and address for the record. Please limit
comments to three minutes.
D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS
E. ADJOURNMENT
UPCOMING SCHEDULE / FOR YOUR INFORMATION
Next Regular Meeting — March 16, 2020, at 7:00 p.m. — Council Chambers
Coffee with the Chief — March 18, 2020, at 5:30 p.m. — Sykes Diner, 202 2nd Avenue W
Next Work Session — March 23, 2020, at 7:00 p.m. — Council Chambers
Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting.
Please notify the City Clerk at 758-7756.
Page 1 of 1
CITY OF
KALISPELL
Report To: Doug Russell, City Manager
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997
Telephone (406) 758-7700 Fax- (406) 758-7758
From: Katharine King, Assistant Director Community Development
Subject: Locomotive Donation to Kalispell Parkline Trail
Meeting Date: March 6, 2020
BACKGROUND: Mission Mountain Railroad has pledged to donate, place and decommission an old
locally used locomotive for use on the Kalispell Parkline. The locomotive was seen at the Glacier Rail Park
ribbon cutting event in 2018 and an image is attached to this memorandum. Per the July 2017,
Environmental Assessment Section 106 Memorandum of Agreement (MOA) Section III. B. 1., between
multiple parties and the City of Kalispell, optional measures may be taken to mitigate the removal of rail
line. Among these is the "acquisition of a decommissioned rail car to be placed on the segment of track
that is retained in place adjacent to Depot Park." In the intervening two years since this agreement was
executed, the City has embarked on a trail design public process and is utilizing the professional design and
engineering services of consultants for the trail under the USDOT TIGER grant originally awarded in 2015.
The Trail & Complete Streets Concept Design Report created in 2019 for this TIGER funded project
utilized public input gathered through the June 2018 Deep Dive events. Public input combined with
recognition that a train locomotive is of significant size such that it would be an obstruction to public events
at Depot Park if placed as considered in the MOA. Therefore, the design report recommends placement of
a train locomotive to the east of 4r' Avenue East.
The locomotive to be donated would be placed on existing track in the BNSF right of way being acquired
by the City through a Rail Banking and Sale Agreement with BNSF. The locomotive is to be placed
approximately 250' east of the east side of 4t1i Avenue East and positioned as though heading westward,
into Kalispell. Pending community donations, grants or other sources of funding the locomotive is to be
painted and fitted to allow public access to the structure. In the interim period, the locomotive will be closed
off from access.
RECOMMENDATION: Discuss proposed donation from Mission Mountain Rail of a locomotive to be
placed in the Kalispell Parkline on existing railroad track, decommissioned, secured to the railroad track
and secured for public safety until such time as the locomotive may be repainted and safety measures taken
for it to be accessible to the public.
FISCAL EFFECTS: The value of the locomotive and decommissioning to be donated would be
established by Mission Mountain Railroad as the donor and incurred by the City of Kalispell as an asset.
ATTACHMENTS: Photo of railroad locomotive proposed for donation
Trail design locomotive placement concept
Memorandum of Agreement, Montana State Historic Preservation Office
Example of historic Great Northern colors.
Alrpo- 4A
MEMORANDUM OF AGREEMENT
AMONG
THE FEDERAL RAILROAD ADMINISTRATION
THE MONTANA STATE HISTORIC PRESERVATION OFFICER
THE CITY OF KALISPELL, MONTANA
THE SURFACE TRANSPORTATION BOARD
AND
THE NORTHWEST MONTANA HISTORICAL SOCIETY
REGARDING
THE GLACIER RAIL PARKIKALISPELL CORE AREA DEVELOPMENT AND
TRAIL PROJECT
KALISPELL, FLATHEAD COUNTY, MONTANA
WHEREAS, the City of Kalispell, Montana, (City) proposes to construct the
Glacier Rail Park/Kalispell Core Area Development and Trail Project (Project or
Undertaking) located in the City of Kalispell, Flathead County, Montana; and
WHEREAS, the Project consists of the following two phases: construction and
operation of the new Glacier Rail Park (Rail Park), which will include 10,000 linear feet of
new rail to serve industrial users in the rail park and provide anew rail turnaround adjacent
to the rail park allowing for the removal of the original track in Kalispell; improvements to
access roads on the north and east sides of the new Rail Park; traffic signal and roadway
improvements for truck access to Montana Highway 2; and installation of utilities to each
lot in the Rail Park to provide access to City water and sewer, power, gas and fiber optics
(herein after referred to as Phase I); and a rail -to -trail component known as the Kalispell
Trail, which will include the removal of nearly two miles of existing rail line from
milepost 1225.19 to the west side of Meridian Street at milepost 1226.79, conversion of
the existing rail bridge to accommodate bicycle and pedestrian use, construction of a
public use recreational trail in the abandoned railroad right-of-way (ROW), and the
construction of two complete street connections in the Kalispell Core Area (herein after
referred to as Phase II); and
WHEREAS, Phase I of the Project must be constructed and operational, with rail
traffic moved off the existing rail line, the existing rail line abandoned by BNSF Railway
Company (the owner of the rail line) through a process involving the Surface
Transportation Board (STB), and the ROW acquired by the City, before the City can
construct Phase II of the Project; and
WHEREAS, the U.S. Department of Transportation (USDOT) has selected the
City to receive Fiscal Year 2015 grant funding for construction of the Project (both Phase
I and Phase II) under its Transportation Investment Generating Economic Recovery
(TIGER) Program, and the Federal Railroad Administration (FRA), an operating
administration of USDOT, is administering the TIGER grant; and
WHEREAS the Project is an "Undertaking" under Section 106 of the National
Historic Preservation Act, as amended (54 U.S.C. § 306108) ("Section 106") and FRA is
the lead federal agency responsible for compliance with Section 106 and its implementing
regulations promulgated by the Advisory Council on Historic Preservation (ACHP) (36
CFR Part 800) for the Project; and
WHEREAS, FRA, in a letter dated March 15, 2016, initiated Section 106
consultation with the Montana State Historic Officer (MT SHPO) as required by the Section
106 regulations and FRA has continued to consult with MT SHPO through the subsequent
steps of the Section 106 process; and
WHEREAS, FRA proposed an area of potential effects (APE), as defined in 36 CFR
§ 800.16(d), to account for direct and indirect effects of both Phase I and Phase II of the
Project, and MT SHPO concurred with the APE in an email dated May 23, 2016; and
WHEREAS, in letters dated May 16, 2016, FRA notified the following federally -
recognized Native American tribes about the Project and invited them to consult: the
Confederated Salish and Kootenai Tribes of the Flathead Nation, Fort Belknap Indian
Community of the Fort Belknap Reservation of Montana, Crow Tribe of Montana, Apache
Tribe of Oklahoma, and Blackfeet Nation; of those contacted, the Confederated Salish and
Kootenai Tribes of the Flathead Nation responded in a letter dated June 28, 2016 indicating
that it was not aware of any sites of interest in the APE and expressed approval of the Project;
and none of the other tribes responded; and
WHEREAS, FRA, in emails sent on April 26, 2016, February 23, 2017, and
March 10, 2017, invited the Northwest Montana Historical Society (Historical Society),
the Kalispell Business Improvement District (KBID), the Flathead County Economic
Development Authority (FCEDA), and the Great Northern Railway Historical Society
(GNRHS) to participate in Section 106 consultation, and the Historical Society, KBID, and
FCEDA accepted the invitation to consult and GNRHS declined the invitation to consult;
and
WHEREAS, FRA has invited the City to sign this Memorandum of Agreement
(MOA) as an Invited Signatory because the City would be the recipient of the TIGER
funding and, as such, would have responsibility for implementing mitigation
commitments specified herein, and the City has accepted; and
WHEREAS, FRA has invited the Historical Society to sign this MOA as an
Invited Signatory because it may have responsibility for assisting the City in
implementing certain mitigation commitments specified herein, and the Historical
Society has accepted; and
WHEREAS, FRA has invited KBID and FCEDA to participate in this MOA as
Concurring Parties, and KBID has accepted to be a Concurring Party and FCEDA will
remain a Consulting Party; and
WHEREAS, in a letter dated April 5, 2017 and as allowable under the Section 106
regulations at 36 800.2(a)(2), STB designated FRA as the lead federal agency to fulfil
2
STB's and FRA's collective Section 106 responsibilities with regard to the portion of the
BNSF-owned rail line that is the subject of the rail -to -trail phase of the Project; and
WHEREAS, STB remains responsible for Section 106 compliance for its
abandonment action regarding the portion of the BNSF-owned rail line that is not part of
the TIGER project; and
WHEREAS, has invited STB to sign this MOA as an Invited Signatory and STB
has accepted; and
WHEREAS, the City's consultants conducted cultural resources investigations for
both phases of the Project, which resulted in two reports (Class III Cultural Resource
Investigations of the Glacier Rail Park in Kalispell, Montana, Phase I, Parcels A&B,
Historical Discoveries, March 2016; Section 106 Cultural Resources Inventory, Glacier
Rail Park/Kalispell Core Area Development and Trail Project City of Kalispell, Flathead
County, Montana, Rabbitbrush Archaeological Services, LLC, December 2016); and
WHEREAS, FRA has identified historic archaeological and architectural
properties in the APE which include the following architectural properties listed on or
eligible for listing on the National Register of Historic Places (NRHP): the Woodland
Park - Eastside Historic District, the Great Northern Railroad, the Kalispell Flour Mill,
the Great Northern Railway Depot, and the Flathead Wholesale Grocery, and FRA
presented its findings in a letter to MT SHPO dated February 22, 2017 and MT SHPO
concurred with FRA's findings in a letter dated March 14, 2017; and
WHEREAS, FRA, as documented its letter of February 22, 2017, has determined
that Phase I of the Project will have No Effect on historic properties and Phase II of the
Project will have No Adverse Effect on Woodland Park - Eastside Historic District, and
MT SHPO concurred with these determinations in its letter of March 14, 2017; and
WHEREAS, FRA, as documented in its letter of February 22, 2017, has
determined that Phase II of the Project will have an adverse effect on the Great Northern
Railroad and on the Kalispell Flour Mill, the Great Northern Railway Depot, and the
Flathead Wholesale Grocery, which are three architectural properties adjacent to the
railroad ROW and were historically associated with the Great Northern Railroad, and
MT SHPO concurred with FRA's adverse effect determination in its letter of March 14,
2017; and
WHEREAS, based on the information contained in the aforementioned reports
and because all ground -disturbing activities necessary to construct the Project will occur
in areas disturbed by previous construction, FRA has determined that no further
archaeological investigations are necessary for the Project; and
WHEREAS, in accordance with 36 CFR § 800.6(a)(1), FRA notified the ACHP
on April 12, 2017 of its adverse effect determination with specified documentation
utilizing ACHP's e106 notification system, and ACHP responded to FRA in a letter
dated April 19, 2017, that it has chosen not to participate in the consultation pursuant to
36 CFR § 800.6(a)(1)(iii); and
NOW, THEREFORE, FRA, MT SHPO, the City, STB, and the Historical
Society (each, a Signatory and together the Signatories) agree that the Undertaking will
be implemented in accordance with the following stipulations in order to take into
account the effect of the Undertaking on historic properties.
STIPULATIONS
FRA and the City will ensure that the following measures are carried out:
L PERSONNEL QUALIFICATION STANDARDS
The City will ensure that all historic preservation and documentation work is carried
out by or under the direct supervision of a person or persons meeting at a minimum the
Secretary of the Interior's Professional Qualification Standards for Historians or
Architectural Historians (48 FR 44738-9).
III. NHTIGATION
A. The following mitigation measures are required as part of FRA's approval of
the Project:
Interpretive Signage
(a) The Historical Society will review its collection to determine if it has
information relevant to the history of the Great Northern Railroad and
the importance the railroad played in the development and history of the
City of Kalispell and surrounding region.
(b) If available, the Historical Society will provide the information identified
in Stipulation IILA.I(a) to the City for the City's use, at its discretion, in
developing narrative and/or pictorial content for the interpretive signage
(see Stipulation III.A.3).
(c) The City will develop narrative and pictorial content for and install
interpretive signage at the following locations along the Kalispell Trail
(see Attachment A for a map of the proposed signage locations):
i. South of milepost 1225.19 and at the north end of the bridge
crossing Highway 93. This sign will mark the trailhead and
provide an introduction to the Kalispell Trail, including a history
of when rail service first came to the Kalispell area in the late
1880s and an explanation of when and why a new rail route 11
years later resulted in moving service to a spur line.
4
ii. Flathead Electric Coop Substation, located roughly at the
northwestern edge of Woodland Park. This sign will highlight the
contributions of the Conrad Family as a founding family of the
Kalispell community.
iii. Depot Park. This sign will highlight the history of the extant
former Great Northern Railway Depot.
iv. Former location of the Flathead Lake Cherry Growers
Association Warehouse, located at 20 North Main Street. This
sign will highlight the important role of the railroad in shipping
sweet cherries and the historic importance of this agricultural
product in the regional economy, with the railroad, beginning in
1910, advertising the area for settlement based on its potential for
growing fruit in the temperate climate and Flathead County
becoming the fourth largest sweet cherry producing region in the
country by the 1940s.
v. Grain Elevators located at 505 West Center Street. This sign
will highlight the history of the extant structures and the historic
importance of agriculture in the regional economy.
vi. Roughly at Meridian Street north of West Center Street and
south of Appleway. This sign will highlight the history of the
timber industry as well as the mill and log pond formerly located
in this area.
(d) The City will provide drafts of the narrative and pictorial content of
each sign to the Signatories and Concurring Party for review and
comment in accordance with Stipulation IV.
2. Retention in Place of a Segment of Railroad Track
(a) The City will retain approximately 60 feet of railroad track in place at
Depot Park, to highlight the historic association between the former
railroad the Great Northern Railway Depot.
(b) Planting of Cherry Trees
(a) The City will plant cherry trees interspersed along the Kalispell Trail,
with emphasis in the former location of the Flathead Lake Cherry
Growers Association Warehouse at 20 North Main Street.
B. Additional optional mitigation measures. Subject to the availability of future
funding and public support, the City may implement one or more of the following
mitigation measures:
1. Acquisition of a decommissioned a rail car to be placed on the segment of track
that is retained in place adjacent to Depot Park (see Stipulation III.A.2); and/or,
2. Commissioning for the design and installation of public artwork, to be placed
along the Kalispell Trail, that is reflective of the City's railroading history;
and/or
3. Commissioning for the design and installation of a water feature(s), such as a
fountain or splash park, to be located along the Kalispell Trail.
If Stipulations IILB. 2 and/or III.B.3 are pursued, the City will provide drafts of the
design of the public artwork and/or water feature(s) to the Signatories and Concurring Parry
for review and comment in accordance with Stipulation IV.
IV. PREPARATION AND REVIEW OF DOCUMENTS
The Signatories and Concurring Party agree to provide comments on all documents and
materials arising from this MOA to the City within thirty (30) calendar days of
receiving the submission. If the City does not receive such comments within the thirty
(30) calendar -day review period, the City may assume that the non -responding party
has no comments or objections. Where necessary, the City will consult with any
responding party to ensure it appropriately considers all comments received within the
thirty (30) calendar -day review period before implementing the mitigation measure.
V. EFFECTIVE DATE
This MOA will be effective as of the date of its execution by all Signatories.
VI. DURATION
This MOA will expire if its terms are not carried out within ten (10) years from the date
of its execution. Prior to such time, FRA and the City may consult with the other
Signatories to reconsider the terms of the MOA and amend it in accordance with
Stipulation X below.
VIL CHANGES TO PROJECT DESIGN
If the City proposes changes to the Project that may result in additional or new effects
on historic properties, the City will notify FRA and MT SHPO of such changes.
Before the City takes any action that may result in additional or new effects on historic
properties, FRA, MT SHPO, the City, and other consulting parties as appropriate, will
consult to determine the appropriate course of action. This may include, as appropriate,
revision to the APE, assessment of effects to historic properties, and treatment
measures to resolve adverse effects.
VIIL POST -REVIEW DISCOVERIES
If properties are discovered during Project construction that may be historically
significant or unanticipated effects on historic properties are identified, FRA and
the City will comply with 36 CFR § 800.13 by consulting with MT SHPO and, if
applicable, federally recognized tribal organizations that may attach religious
and/or cultural significance to the affected property; and by developing and
implementing avoidance, minimization, or mitigation measures with the
concurrence of MT SHPO and, if applicable, federally recognized tribal
organizations.
VIIL MONITORING AND REPORTING
Each year following the execution of this MOA until it expires or is terminated, the
City will provide the other Signatories and Concurring Party a summary report
detailing work undertaken pursuant to the MOA's terms. This report will include any
scheduling changes proposed, any problems encountered, and any disputes or
objections received in the City's efforts to carry out the terms of this MOA.
IX. ADOPTABILITY
In the event that another federal agency not initially a party to this MOA receives an
application for funding, license, permit or other approval for the Project as described in
this MOA, that agency may fulfill its Section 106 responsibilities by notifying the
Signatories that it concurs with the terms of this MOA and that it intends to rely on this
MOA.
X. DISPUTE RESOLUTION
Should any Signatory or Concurring Party to this MOA object at any time to the
manner in which the terms of this MOA are implemented, it will notify FRA in writing
and FRA will then consult with that party to resolve the objection. If FRA determines
that such objection cannot be resolved within thirty (30) calendar days, FRA will:
A. Forward all documentation relevant to the dispute, including FRA's proposed
resolution, to the ACHP with a copy to the other Signatories and Concurring
Party to this MOA, and request that the ACHP provide FRA with its advice on
the resolution of the objection within thirty (30) calendar days of receiving the
documentation.
B. If the ACHP does not provide its advice regarding the dispute within the thirty
(30) calendar day time period, FRA may make a decision on the dispute and
proceed accordingly.
C. FRA will document its decision in a written response to the objection that
takes into account any timely comments regarding the dispute from the
Signatories and Concurring Party and will provide the ACHP, Signatories, and
Concurring Party with a copy of such written response.
D. FRA may then proceed according to its decision.
E. The Signatories remain responsible for carrying out all other actions subject to
the terms of this MOA that are not the subject of the dispute.
XI. AMENDMENTS
This MOA may be amended when such an amendment is agreed to in writing by all
Signatories. The amendment will be effective on the date a copy signed by all of the
Signatories is filed with ACHP.
XIL TERNIINATION
If any Signatory to this MOA determines that its terms will not or cannot be carried out,
that Signatory will immediately consult with the other Signatories to attempt to develop
an amendment per Stipulation XI, above. If within thirty (30) calendar days (or another
time period agreed to by all Signatories) an amendment cannot be reached, any
Signatory may terminate the MOA upon written notification to the other Signatories.
Once the MOA is terminated, and prior to work continuing on the undertaking, FRA
must either (a) execute an MOA pursuant to 36 CFR § 800.6, or (b) request, take into
account, and respond to the comments of the ACHP under 36 CFR § 800.7. FRA will
notify the Signatories of its course of action.
Execution of this MOA by FRA and MT SHPO and implementation of its terms
evidence that FRA has taken into account the effects of this undertaking on historic
properties and afforded ACHP an opportunity to comment.
MEMORANDUM OF AGREEMENT
AMONG
THE FEDERAL RAILROAD ADMINISTRATION
THE MONTANA STATE HISTORIC PRESERVATION OFFICER
THE CITY OF KALISPELL, MONTANA
THE SURFACE TRANSPORTATION BOARD
AND
THE NORTHWEST MONTANA HISTORICAL SOCIETY
REGARDING
THE GLACIER RAIL PARK(KALISPELL CORE AREA DEVELOPMENT AND
TRAIL PROJECT
KALISPELL, FLATHEAD COUNTY, MONTANA
FEDERAL RAILROAD ADMINISTRATION (Signatory)
A
A
By: ADate: r7
Marl O ues
Divisi Chie , Environmental & Corridor Planning Division
Office o ilroad Policy and Development
MONTANA STATION HISTORIC PRESERVATION OFFICE (Signatory)
M.
Mark Baumler
State Historic Preservation Officer
CITY OF KALISPELL (Invited Signatory)
I0
Doug Russell
Kalispell City Manager
Date:
Date:
MEMORANDUM OF AGREEMENT
AMONG
UVE
THE MONTANA STATE HISTORIC PRESERVATION OFFICER
THE CITY OF KALISPELL, MONTANA
THE SURFACE TRANSPORTATION BOARD
AND
THE NORTHWEST MONTANA HISTORICAL SOCIETY
Q,-1xr 7�
THE GLACIER RAIL PARK/KALISPELL CORE AREA DEVELOPMENT AND
TRAIL PROJECT
KALISPELL, FLATHEAD COUNTY, MONTANA
FEDERAL RAILROAD ADMINISTRATION (Signatory)
Date:
Marlys Osterhues
Division Chief, Environmental & Corridor Planning Division
Office of Railroad Policy and Development
MONTQ NA STATION HISTORIC PRESERVATION OFFICE (Signatory)
Date:
Mark Baumler
State Historic Pr ervation Officer
CITY OF KALISPELL (Invited Signatory)
Doug Russell
Kalispell City Manager
V]
MEMORANDUM OF AGREEMENT
AMONG
THE FEDERAL RAILROAD ADMINISTRATION
THE MONTANA STATE HISTORIC PRESERVATION OFFICER
THE CITY OF KALISPELL, MONTANA
THE SURFACE TRANSPORTATION BOARD
AND
THE NORTHWEST MONTANA HISTORICAL SOCIETY
REGARDING
THE GLACIER RAIL PARK/KALISPELL CORE AREA DEVELOPMENT AND
TRAIL PROJECT
KALISPELL, FLATHEAD COUNTY, MONTANA
FEDERAL RAILROAD ADMINISTRATION (Signatory)
Date:
Marlys Osterhues
Division Chief, Environmental & Corridor Planning Division
Office of Railroad Policy and Development
MONTANA STATION HISTORIC PRESERVATION OFFICE (Signatory)
M.
Mark Baumler
State Historic Preservation Officer
CITY OF KALISPELL (Invited Signatory)
By:
DQkfusg'el(
Kalispell City Manager
01
Date:
Date: 49VOV l7
SURFACE TRANSPORTATION B , ARD (Invited Signatory)
By: Date 'e)g
ki Rutson
D ctor, O fficee o Environmental Analysis
NORTHWEST MONTANA HISTORICAL SOCIETY (Invited Signatory)
By: Date:
Jacob Thomas
Executive Director
KALISPELL BUSINESS IMPROVEMENT DISTRICT (Concurring Party)
M.
Pamela J. Carbonari
Coordinator
Date
10
SURFACE TRANSPORTATION BOARD (Invited Signatory)
Date
Vicki Rutson
Director, Office of Environmental Analysis
NORTHWEST MONTANA HISTORICAL SOCIETY (Invited Signatory)
Date:
Jacob Thomas
Executive Director
6/26/2016
KALISPELL BUSINESS IMPROVEMENT DISTRICT (Concurring Party)
Pamela J. Carbonari
Coordinator
10
Date
SURFACE TRANSPORTATION BOARD (Invited Signatory)
M.
Vicki Rutson
Director, Office of Environmental Analysis
Date
NORTHWEST MONTANA HISTORICAL SOCIETY (Invited Signatory)
Date:
Jacob Thomas
Executive Director
KALISPELL BUSINESS IMPROVEMENT DISTRICT (Concurring Party)
r
B —4Date 6
�;amrela J. Carboiari
Coordinator
10
CITY OF
KALISPELL
MEMORANDUM
To: Doug Russell, City Manager
Cc: Charles Harball, City Attorney
From: Susie Turner, Public Works Director
Subject: Discussion of Proposed Amendments to the Water and Sewer Rate
Schedules, Regulations, and Impact Fees
Meeting Date: March 9, 2020
Upon completion of the facility plan updates for water, sewer collection, and the wastewater
treatment plant (WWTP) in 2019, the Public Works Department initiated a water and sewer rate
study. This matter came before the City Council for three work sessions following a water and
sewer rate study performed by HDR Engineering. The rate study incorporates financial policies,
revenue requirement analysis, cost of service analysis, and development of corresponding rate
structures to generate adequate funds in order to:
• Maintain the same quality of service for the utility's facility and infrastructure operation
and maintenance
• Ensure regulatory compliance
• Fund capital projects — rehabilitation, replacement, regulatory, and new growth projects
• Fund an equipment replacement plan
• Maintain financial policy targets, i.e. reserve and operating balances, and debt service
coverage
An extensive effort was under taken to educate and advise the public on the proposed water and
wastewater amendments. A legal notice of the proposed water and sewer rate increase was sent
to 10,768 utility customers and city parcel owners, two public Open House meetings were held at
City Hall on February 18th, a public hearing was held at the March 2, 2020 Council meeting, the
City's website offered educational information on the subject, and multiple news and social
media venues advertised the proposed amendments. A summary of the comments and City
responses are provided as an attachment.
The object of this meeting is to discuss the public comments received and provide staff direction
on Council's intent to act upon the proposed water and sewer rate schedules, regulation
amendments, and impact fees.
ATTACHMENTS: Public Comments Summary
Water and Sewer Rate Adjustment Legal Notice
Water and Sewer Regulation Amendments
Public Comments Log, Response, and Summary
Water and Sewer Proposed Rates and Regulations
Water and Wastewater Impact Fees
Public Outreach Effort
An extensive effort was undertaken to educate the public on the proposed water and sewer rate
schedules, regulation amendments, and the October 2019 Water and Wastewater Impact Fee
Report and proposed fee. A legal notice for all of the proposed changes was sent to 10,768 utility
customers and city parcel owners, two public Open House meetings were held at City Hall on
February I8th, a Public Hearing was held on March 2 at a City Council meeting, the City's
website offered educational information on the subject, and multiple news and social media
venues advertised the proposed amendments.
Comments were received via email, phone calls, letters, City office visits, and at the open
houses. All of the comments and responses were logged and were provided as an attachment for
the Public Hearing. All additional comments since the Public Hearing have been sent to Council
via email.
Overall Comments Received
As of March 4th, the City has received sixty nine (69) comments on the rates, regulations and
impact fees. All but four (4) of the comments were from residential customers.
Rates Comments
The comments received were categorized as For, Against, or Neutral based on the content of the
comment. In general For represented comments that were not against a rate increase, and Against
represented comments that were outright against a rate increase. Neutral represented interactions
regarding questions on the rate development and how they as a customer would be affected, etc.,
but gave no indication if they were For or Against the proposed rate increase. The pie chart
below summarized the responses received into the three categories.
PUBLIC COMMENT PROPOSED UTILITY INCREASE
RECIEVED A TOTAL OF 69 COMMENTS
_ FOR PROPOSED RATES
■ AGAINST PROPOSED RA
NEUTRAL ON PROPOSEI
46, 67 .
The comments against the proposed increase included concerns regarding:
• Increase is too high for fixed income customers whether that be retirees or low income
• Increase is not reasonable
• Ok with some increase, suggestions to lesson impact and spread over more years
• Opposed to any increase
• Received three (3) comments opposing a new metering system
• Received nine (9) comments on the irrigation rate, and five (5) opposed the increase
• Received thirty (30) comments opposing rate increase and impact fee decrease in -order to
support new growth projects
Regulation Comments
No comments were received on the proposed amendments to the Water and Sewer Regulations.
Impact Fee Comments
A total of thirty one (31) comments were received on the updated water and wastewater impact
fee report and proposed fees. There were no comments received on the content within the
October 2019 Water and Wastewater Impact Fee Report. All but one of the impact fee
comments were opposed to the decrease in the proposed impact fee as it relates to increasing the
water and sewer rates to support new growth projects. The pie chart below summarized the
impact fee responses received as part of the sixty nine (69) total comments.
PUBLIC COMMENT PROPOSED REPORT AND FEE
RECIEVED A TOTAL OF 69 COMMENTS
■ FOR
HM■ AGAINST IMPACT FEE DECREASE
NEUTRAL- NO IMPACT FEE COMMENT
CH Y OIF
KALISPELL
February 7, 2020
To Whom It May Concern:
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7756
www.kalispell.com
cityclerk@kalispell. co m
Over the past year, it has been recognized that an increase in water and sewer rates is necessary to
effectively run utility operations and continue investing in our infrastructure today and in the future. The
attached notifications refer to the City Council's intent to consider adjustments to:
1. Water and Sewer (Wastewater) Rate Schedules, and
2. Water and Wastewater Impact Fees
Water and Sewer Rate Schedules:
In 2019, the City procured HDR Inc, to perform a water and sewer rate study. The rate study incorporates
a revenue requirement analysis, cost of service analysis, and development of corresponding rate structures
for the next seven years to generate adequate funds in order to:
• Maintain the same quality of water and sewer service,
• Fund water and sewer (collection and treatment plant) capital projects — rehabilitation,
replacement, regulatory, and new growth projects,
• Fund an equipment replacement plan, and
• Maintain financial policy targets, (i.e. reserve and operating balances, debt service coverage).
A copy of the Executive Summary for both the Water Rate Study and the Wastewater Rate Study,
amendments to the Water and Sewer Regulations, and additional information including frequently asked
questions (FAQ) on the proposed adjustments can be obtained from the cty's website at the following
link:
https://www.kalispell.com/561/Water-and-Wastewater-Rate-Study
Water and Wastewater Impact Fees:
The City of Kalispell currently imposes Water and Wastewater impact fees on developments that create a
new demand on the City's water and wastewater utility facilities. Water and Wastewater impact fees
differ from the City's Water and Sewer Rates in that an impact fee is a one-time fee imposed on a new
development project at the time of construction/service. Water and Wastewater impact fees help finance
the capital improvements needed to serve and accommodate new customer growth (i.e. wells, storage
tanks, transmission mains, collection mains and Treatment Plant tank upsizes).
The City's Water and Wastewater impact fees were developed to be compliant with Montana impact fee
legislation which the City is mandated to review and update every five years. The current review
produced the October 2019, Final Water and Wastewater Impact Fee Report. The updated report includes
the calculations, methods, assumptions, and the calculated cost -based fees. A copy of the final report can
be obtained from the cty's website at the following link:
https://www.kalispell.com/26 I/Impact-Fees
The enclosed notice provides information regarding the public hearing on this matter.
Sincerely,
Avrn l31-unc Jt
Aimee Brunckhorst, CMC
City Clerk / Communications
CITY OF KALISPELL
NOTICE OF PROPOSED WATER AND SEWER RATE INCREASE
A proposal to increase rates of the water and sewer utilities and amend the water and sewer
regulations to reflect the changes has been presented to Kalispell City Council. It is the intent of the
City Council to consider the adjustment of the water and sewer utility rates, as presented in the water
and sewer rate study performed by its consultant HDR Engineering.
A Public Hearing on the proposed rate increase and regulation amendments will be held
Monday, March 2, 2020, in the Council Chambers of City Hall, 201 1st Avenue East, Kalispell,
Montana, at 7:00 P.M. The increase in water and sewer rates and the amended water and sewer
regulations will be effective June 1, 2020 (with the July 2020 billing cycle).
Further information including the proposed regulation amendments can be found at
www.kalispell.com. The City will also be hosting an Open House to answer any questions on the
proposed rate increases on Tuesday, February 18, 2020 from 11:00 a.m. - 1:30 p.m. and 5:00 p.m. -
6:30 p.m. in the Council Chambers at City Hall, or you may call (406) 758-7720.
Any person concerned with the proposed water and sewer rate increases and the amended
water and sewer regulations may appear at this hearing and make oral statements or present same in
writing. Written comments may also be submitted for Council consideration by delivering the same
to the City Clerk at 201 First Ave. E., Kalispell, MT 59901 or at citycouncilgkalispell. com prior to
the hearing.
The following tables provide the proposed increases to the water and sewer rates, and
example bill comparisons.
Present and Proposed Monthly Sewer Rates
Proposed
FY 2021
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
FY 2027
Present
49.4%
6.5%
6.5%
6.5%
6.5%
3.0%
3.0%
Fixed Charge (per meter/month)
$8.44
$12.61
$13.43
$14.30
$15.23
$16.22
$16.71
$17.21
Volume Charge ($/1,000 Gal.)
$4.78
$7.14
$7.60
$8.09
$8.62
$9.18
$9.46
$9.74
Evergreen (Treatment Only)
18.5%
6.5%
6.5%
6.5%
6.5%
3.0%
3.0%
Fixed Charge (per service
$6.22
$7.37
$7.85
$8.36
$8.90
$9.48
$9.76
$10.05
connection/month)
Volume Charge ($/1,000 Gal.)
$2.50
$2.96
$3.15
$3.35
$3.57
$3.80
$3.91
$4.03
Strength Surcharge - Over Limit > than (mg/L) of:
Bio-chemical Oxygen Demand ($/Lbs)>250
$0.24
$0.16
$0.17
$0.18
$0.19
$0.20
$0.21
$0.22
Suspended Solids ($/Lbs) >250
0.22
0.71
0.75
0.80
0.85
0.91
0.94
0.97
Phosphorus ($/Lbs) > 7
New
6.10
6.49
6.91
7.36
7.84
8.08
8.32
Nitrogen ($/Lbs) > 40
New
1.25
1.33
1.42
1.51
1.61
1.66
1.71
Present and Proposed Monthly Sewer
Rate Bill Comparisons
Proposed
Present
FY 2021
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
FY 2027
0 gals
$8.44
$12.61
$13.43
$14.30
$15.23
$16.22
$16.71
$17.21
2,000 gals
18.00
26.89
28.63
30.48
32.47
34.58
35.63
36.69
4,000 gals
27.56
41.17
43.83
46.66
49.71
52.94
54.55
56.17
6,000 gals
37.12
55.45
59.03
62.84
66.95
71.30
73.47
75.65
10,000 gals
56.24
84.01
89.43
95.20
101.43
108.02
111.31
114.61
Present and Proposed Monthly Water Rates
Proposed
FY 2021
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
FY 2027
Present
16.5%
10.0%
9.5%
9.5%
3.0%
3.0%
3.0%
Residential & Commercial
Fixed Charge (per meter/month)
$7.50
$8.74
$9.61
$10.52
$11.52
$11.87
$12.23
$12.60
Meter Size (per meter/month)
3/4"
$0.80
$1.10
$1.21
$1.32
$1.45
$1.49
$1.53
$1.58
1"
1.38
1.69
1.86
2.04
2.23
2.30
2.37
2.44
1 1/2"
2.68
3.09
3.40
3.72
4.07
4.19
4.32
4.45
2"
3.75
4.45
4.90
5.37
5.88
6.06
6.24
6.43
3"
14.10
10.29
11.32
12.40
13.58
13.99
14.41
14.84
4"
19.88
14.24
15.66
17.15
18.78
19.34
19.92
20.52
6"
22.64
22.64
24.90
27.27
29.86
30.76
31.68
32.63
Hosting Fee (per metering system)Ill
0.89
0.89
0.89
0.89
0.89
0.89
0.89
Consumption Charge ($/1,000 Gal.)
$2.43
$2.48
$2.73
$2.99
$3.27
$3.37
$3.47
$3.57
Sprinkling
Consumption Charge ($/1,000 Gal.)
$1.55
$2.48
$2.73
$2.99
$3.27
$3.37
$3.47
$3.57
Private Fire Protection
Monthly Service Connection
2"
$24.80
$24.80
$27.28
$29.87
$32.71
$33.69
$34.70
$35.74
3"
29.25
29.25
32.18
35.24
38.59
39.75
40.94
42.17
4"
32.50
32.50
35.75
39.15
42.87
44.16
45.48
46.84
6"
40.10
40.10
44.11
48.30
52.89
54.48
56.11
57.79
8"
51.00
51.00
56.10
61.43
67.27
69.29
71.37
73.51
101,
70.35
70.35
77.39
84.74
92.79
95.57
98.44
101.39
Water Sold from Hydrants to Trucks
Consumption Charge ($/1,000 Gal.)
$4.14
$4.82
$5.30
$5.80
$6.35
$6.54
$6.74
$6.94
Present and Proposed Monthly Water Rate Bill Comparisons
Proposed
Present
FY 2021
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
FY 2027
Residential & Commercial
0 gals
$8.30
$9.84
$10.82
$11.84
$12.97
$13.36
$13.76
$14.18
2,000 gals
13.16
14.80
16.28
17.82
19.51
20.10
20.70
21.32
4,000 gals
18.02
19.76
21.74
23.80
26.05
26.84
27.64
28.46
6,000 gals
22.88
24.72
27.20
29.78
32.59
33.58
34.58
35.60
10,000gaIs
32.60
34.64
38.12
41.74
45.67
47.06
48.46
49.88
Sprinkling
0 gals
$8.30
$9.84
$10.82
$11.84
$12.97
$13.36
$13.76
$14.18
2,000 gals
11.40
14.80
16.28
17.82
19.51
20.10
20.70
21.32
4,000 gals
14.50
19.76
21.74
23.80
26.05
26.84
27.64
28.46
6,000 gals
17.60
24.72
27.20
29.78
32.59
33.58
34.58
35.60
10,000gaIs
23.80
34.64
38.12
41.74
45.67
47.06
48.46
49.88
*Meter Hosting fee would be added after installation of a metering system and meter. ,�+,++++++ uJJJ,
Out of City rate 1.25 times the in -City rate.
Dated this 3rd day of February, 2020.
Publish: February 9, 2020, February 16, 2020
March 1, 2020
rr SEAL `� +
A b{i� U rU4 K/1J W Y St+r1f'��JJJFIJJtiktti5511n+�",4\\~
Aimee Brunckhorst, CMC
City Clerk
-KALISPELL Overview of Proposed Water Rate Increase
Why the increase in rates? The money raised from rate increases helps us continue to
provide our core services to the people of Kalispell.
Expenses that allow us to guarantee delivery of safe and reliable water.
Annually we produce and supply 1.4 billion gallons of safe and reliable water for drinking, showers,
cooking, irrigation, etc.
Pipes to deliver Storage
New source
Metering
People to keep
drinking water facilities to
development
system to
our facilities
and fire flows provide
(wells and
provide reliable
and services
pressure,
tanks) to meet
usage and a
running 24/7
operational
current and
customer
and emergency
future supply
portal to view
capacities
demand
real-time usage
and leak alerts
We are proposing a seven year increase beginning June 1, 2020 (applied to the July 2020 bill)
$22.88 $24.72 $27.20 $29.78 * $32.59 $33.58 $34.58 $35.60
Current July 2020 July 2021 July 2022 July 2023 July 2024 July 2025 July 2026
Bill
These typical bills represent people who have a 3/4" meter and use 6,000 gallons per month. Differences in
water usage will result in higher or lower charges. More information can be found at www.kalispell.com
=> The sprinkling rate will be the same as the consumption rate per 1,000 gallons
(there will no longer be a reduced sprinkling/irrigation rate)
=> The option for a "skip bill" on fixed and meter charges when customers are not home will
be eliminated.
=> New metering system to support reliability and provide customer portals for accessing on
demand usage and leak alerts
14
ublic comments, outreac
Proposal to and hearing ision from
increase Council
rates ehruary 18 -open house
arch 20
March 2 - public hearing
Questions/Comments
(406) 758-7720
publicworks@kalispell.com
-KALISPELL Overview of Proposed Sewer Rate Increase
Why the increase in rates? The money raised from rate increases helps us continue to
provide our core services to the people of Kalispell.
Expenses that allow us to guarantee collection and treatment of your wastewater (sewer).
Annually we collect and treat 1.02 billion gallons of wastewater before discharging to Ashley Creek.
Collection System Supporting City
of Kalispell Users
120 miles of 8"-
Pipes and lift
Regulatory
Rehabilitation of
New
People to keep
;f.. 36" gravity mains
stations to
compliance to
infrastructure to
infrastructure to
our facilities and
25 miles of force
convey sewer
protect public
maintain current
support current
services running
mains
from toilets,
health and safety
demands and
and future
24/7.
40 Sewer '*'I sinks, showers,
Lift Stations washing, etc.
ii
2600 sewer _
manholes
regulatory growth
criteria
Advance Wastewater Treatment Plant — Supporting City of Kalispell and Evergreen District
Treatment
Regulatory
Rehabilitation
New plant
People to keep
Facility ongoing
compliance to
of plant assets
upgrade and
our facilities and
operations,
protect public
to meet current
upsizing to
services running
maintenance,
health and our
and future
support current
24/7.
sampling, record
water resources
sustainability
and future
keeping
growth
We are proposing a seven year increase beginning June 1, 2020 (applied to the July 2020 Bill)
$37.12 $55.45 $59.03 $62.84 $66.95 $71.30 $73.47 $75.65
Cur II rrent July 2020 July 2021 July 2022 * July 2023 July 2024 July 2025 * July 2026
These typical bills represent people who use 6,000 gallons per month. Differences in wastewater usage will result in higher or
lower charges. More information can be found on the City's website www.kalispell.com.
WHEN: A TIMELINE FOR WHAT TO EXPECT
Public comments, outreach New rates
Proposal to and hearing decision from reflected on Questions /Comments
increase February 18 -open house Council July bill (406) 758-7720
rates March 2020
March 2 - public hearing (June usage] publicworks@kalispell.com
CITY OF
KA ISPELL
RULES AND REGULATIONS
GOVERNING WATER SERIVCE
.Aar -al MARCH 2O20
%Iwo
PUBLIC WORKS DEPARTMENT
CITY OF KALISPELL, MONTANA
TABLE OF CONTENTS
Purpose of Rules and Regulations............................................................................................................1
Definitions...................................................................................................................................................1
Recordsand Reports..................................................................................................................................3
Preservationof Records.........................................................................................................................3
Filing of Rules, Regulations, and Rate Schedules.................................................................................3
Financial and Statistical Report.............................................................................................................3
CustomerInformation...............................................................................................................................3
Rates.......................................................................................................................................................3
Rulesand Regulations............................................................................................................................4
Posting.................................................................................................................................................... 4
RateEstablishment....................................................................................................................................7
Applicationfor Water Service..................................................................................................................7
Refusalto Serve Customer........................................................................................................................7
Complaints..................................................................................................................................................9
ServiceInterruptions.................................................................................................................................9
Notification of Scheduled Interruption..................................................................................................9
EmergencyInterruption.........................................................................................................................9
Liability................................................................................................................................................10
Adjustment of Rate for Interruption....................................................................................................10
Discontinuanceof Service........................................................................................................................10
Vacationof Premises...........................................................................................................................10
TemporaryDiscontinuance..................................................................................................................10
Discontinuance by Water Department.................................................................................................10
Charges for Reconnections Due to Water Department's Discontinuance...........................................11
DisconnectedServices.........................................................................................................................11
Accessto Property....................................................................................................................................11
Identificationof Employees.....................................................................................................................11
Metering....................................................................................................................................................12
Utilityto Provide Meters.....................................................................................................................12
Locationof Meters...............................................................................................................................12
MeterTesting.......................................................................................................................................12
MeterAccuracy....................................................................................................................................12
Changesin Character of Service............................................................................................................13
Extensionof Water Mains.......................................................................................................................13
Costof Extensions...............................................................................................................................13
Extension Agreement or Late -Coming Customer Fee.........................................................................13
Standardsof Installation......................................................................................................................13
OversizingMains.................................................................................................................................13
AdditionalExtensions..........................................................................................................................14
ServiceLines and Connections...............................................................................................................14
MainConnections................................................................................................................................14
ServiceLines........................................................................................................................................14
Maintenanceof Service Lines..............................................................................................................14
Interior Plumbing and Fixtures............................................................................................................15
Freezing and Prevention of Freezing.....................................................................................................15
Mains....................................................................................................................................................15
ServiceLines........................................................................................................................................15
FireHydrants...........................................................................................................................................15
Abandonmentof Service.........................................................................................................................15
SourceWater Protection.........................................................................................................................16
Geothermal Injection Wells and Open -Loop Systems.........................................................................16
CrossConnection.................................................................................................................................16
BackflowAssemblies...........................................................................................................................16
PrivateMains...........................................................................................................................................16
RegulationAmendments.........................................................................................................................17
RULES AND REGULATIONS
FOR THE
KALISPELL WATER DEPARTMENT
Rule I Purpose of Rules and Regulations
The purpose of these rules and regulations is to set forth criteria to ensure adequate service, prevent
unfair charges to the customer, and to protect the Kalispell Water Department from unreasonable
demands.
The Kalispell Water Department is governed by the Kalispell City Council, hereinafter referred to
as the City Council, and is under the direct supervision of the Director of Public Works. The
adoption of these Rules and Regulations shall not preclude the City Council from altering or
amending them, in whole or in part, or from requiring other or additional service, equipment,
facility or standard, either upon complaint, upon its own motion or upon application of the
Kalispell Water Dept.
These Rules and Regulations do not in any way relieve the Kalispell Water Department from any
of its duties under the laws of the State of Montana. The authority requiring the Rules and
Regulations is contained in Title 69, Chapter 7, Montana Code Annotated.
Rule 11 Definitions
The words or phrases used hereinafter shall mean as follows:
1. "City Council" means the duly elected governing body of the City of Kalispell, to include the
Mayor.
2. "City Manager" means the duly appointed City Manager of the City of Kalispell or any
person authorized by him/her to perform acts in his/her behalf.
3. "City Sanitary Sewer" means the system operated by the Kalispell Sewer Department for the
collection, conveyance, and treatment of sewage.
4. "City Water'' means water furnished by the Kalispell Water Department.
5. "Commercial Service" means any water usage other than solely for residential purposes except
in a residence in which the resident operates a neighborhood business occupying less than
thirty percent of the living area and which the water consumption for the business would be
insignificant. Where a single structure has a neighborhood business exceeding the foregoing
or has more than one business combined with a residence, the water service shall be considered
1
"Commercial Service". Commercial Service includes, but is not limited to: schools, hospitals,
nursing homes, churches, hotels, motels, trailer parks, apartments, condos, multi-plex units,
and rooming housing with two or more rooms on a rental basis are considered Commercial
services and not Residential.
6. "Customer" or "Consumer".means any individual, partnership, association, firm, public or
private corporation or government agency, or any other user receiving water. In the case of a
tenant or landlord, the property owner is considered the customer or consumer.
7. "Developer" means any person, firm, corporation, or other entity that causes improvements to
be made upon the land with said improvements requiring water service.
8. "Director of Public Works" means the Director of Public Works for the City Of Kalispell or
any person authorized by him/her to perform acts in his/her behalf.
9. "Distribution Main" or "Main" means a water pipe owned, operated and maintained by the
Water Department, which is used for the purposes of distributing water, and to which service
connections are attached.
10. "Extension Agreement/Latecomer Agreement" means an agreement between the City of
Kalispell and a Developer which allows the Developer to connect onto an existing main owned
by the City, and extend water service to the property of the Developer. The Agreement sets
forth the value of the extended main and the charges for new customer connections to the main
which are paid to the Developer. The said Agreement must be adopted by Resolution of the
City Council and signed by the Mayor and the Developer.
11. "Meter Pit or Vault" means the subsurface structure that houses a water meter, protecting the
meter from damage and allowing the City easy access to the meter for maintenance,
investigation, or reading. All new meter installations shall be in vaults or pits that meet
material and installation requirements as set forth in the standards.
12. "Permittee" means any person, firm, corporation or other entity which obtains a written permit
to cause construction work to be performed in accordance with the permit.
13. "Private Fire Protection Line" means a water service line extending from the distribution
system to and through a structure for which the sole purpose of such service is for
extinguishment of fire. A Private Fire Protection System is the property of the customer, and
the Water Department does not operate or maintain any component of the Private Fire
Protection System.
2
14. "Private Main" means any water pipe not owned, operated and maintained by the City of
Kalispell to which more than one service line was originally connected.
15. "Public Service Commission" means the Montana Public Service Commission.
16. "Service Connection" means the connection and or the tap at the distribution main or collection
main which connects the customer's service pipe to the main.
17. "Service Pipe or "Service Line" means the piping from the service connection and or tap at the
main to the customer's premises being supplied with water.
18. "Standards" shall mean the current "Standards for Design and Construction", as adopted by
the Kalispell City Council.
19. "Residential Service" means water usage solely for residential purposes.
20. "Water Department" means the City of Kalispell Water Department.
Rule III Records and Reports
1. Preservation of Records: All records required by these Rules shall be preserved by the Water
Department in accordance with the "Rules to Govern the Preservation of Records of Public
Utilities and Licensees", as prescribed by the National Association of Regulatory Utility
Commissioners (NARUC), dated April, 1972.
2. Filing of Rules, Regulations, and Rate Schedules: No rules, regulations or schedules of rates
or modification of the same, shall be effective until adopted by the City Council.
3. Financial and Statistical Report: The Water Department shall file annually a Financial and
Statistical Report upon forms to be furnished by the Public Service Commission. This report
shall be filed on or before October 31 of each year as set forth in Section 69-3-203 MCA.
Rule IV Customer Information
1. Rates: The Water Department shall explain to the customer, during the application for service,
or whenever the customer requests to do so, the Water Department's rates applicable to the
type of service furnished to the customer. The Water Department shall supply the customer,
when requested, with a copy of the Rate Schedule.
3
2. Rules and Regulations: A copy of the Rules and Regulations of the Water Department and
any contracts and applications applicable to the Water Department shall be maintained in the
office for inspection by the public.
3. Posting: The Water Department shall exhibit, in a conspicuous location, a placard, in large
type, giving information to the customer that a copy of the Rules and Regulations of the Water
Department and the schedule of rates are kept for their inspection. The information shall state
that the Water Department is regulated by the Kalispell City Council and under the direct
supervision of the Director of Public Works.
Rule V Uses and Charges
1. Free Water: The Water Department shall not supply free water to any customer.
2. Temporary Services: Water for construction, special projects or other short term usages must
be applied for specially and shall be for a period no longer than six months. The usage charge
shall be based on a meter reading and the Rate Schedule.
In all cases, the customer must pay for all charges necessary to provide the temporary service,
including the removal of the service and meter, if required. Temporary water service, if
granted, may be terminated by the City after three days, when prior written notice of
termination has been personally delivered or mailed to the owner's or the owner's
representative's last known address. Receipt of temporary service does not in any way entitle
a customer to permanent service.
3. Seasonal Service: Where water service is desired for only certain periods of each year, such
as vacation homes, or where the customer wants the service discontinued for a period of time,
the customer shall be considered receiving "seasonal service". When such service is desired,
the customer shall notify the Water Department stating the date of water shut-off and the date
of water turn -on. During the full billing periods the water is turned off, there shall be r^
i the customer shall pay the monthly fixed charge, meter charge and meter hosting fee,
with the exception of separately metered sprinkling service. Separately metered sprinkling
services shall pay the monthly fixed charge- and meter charge duringthe he sprinkling season,
May through October. The meter hosting fee will apply year-round. The Water Department
shall charge the customer for turning the water on and turning the water off in accordance with
the Rate Schedule.
4. Private Fire Protection Line: For commercial services the pipeline used for the fire protection
system shall be separate, with no inter -connections, from the service pipe and any piping or
fixtures within or outside the structure. The customer shall pay the cost of installation of the
4
system, including the Water Department's charge for tapping the main, the fittings at the main,
and all piping and appurtenances. The commercial private fire protection line will not be
metered, but a monthly charge will be levied in accordance with the Rate Schedule. For
residential service the fire protection pipeline shall use the residential tap, service pipe, curb
stop, and meter pit.
The extent of the rights of the private fire protection service customer is to receive, but only at
times of fire on his premises, such supply of water as shall be available from the water system.
The Water Department reserves the right to shut off residential fire protection line service as
defined in Rule XII Discontinuance of Service. The Water Department shall not be considered
in any manner an insurer of property or persons, or to have undertaken to extinguish fire or to
protect any persons or property against loss or damage by fire or otherwise, and it shall be free
and exempt from any and all claims for damages on account of any injury to property or
persons by reason of fire, water, failure to supply water or pressure, or for any other cause
whatsoever.
5. Water Sprinkling: Residential Services will receive a reduced water charge for usage above
the established winter average for sprinkling of lawns, gardens, and landscaping, during the
sprinkling season months of May through October in accordance with the Rate Schedule. The
winter average is determined from the average monthly usage during the four (4) month period
from November through February. Residential customers who have had their service
discontinued at any time, or have no usage during the four (4) month winter average period,
will receive a winter average of 6-7,000 gallons per month. Residential Customers who, at the
customer's expense, install separate water sprinkling services, will be charged the monthly
fixed charms and meter charge, during the sprinkling
season, for the size of meter installed, and all water usage will be billed at the water sprinkling
rate. The meter hosting fee will apply year-round to separately metered sprinkling services.
The Water Department will furnish a 3/4" meter at no charge to the customer. The customer
wanting a larger meter must pay the additional cost of any meter furnished over the cost of a
3/4" meter.
Commercial Services may request a water sprinkling rate. To obtain such a rate, a separate
meter must be installed in accordance with the Rate Schedule. All such metered water shall be
billed the monthly fixed charms an administr-a+i�,,e and meter arge ch,
for the appropriate size meter, and all water usage, will be billed at the water sprinkling rate.
No .,,av, mist-.,ti fixed charge; or meter- ,-orhwaeme * �charge will be assessed during the
monthly periods, November through April, when water- srkling is not a which is
outside of the sprinkling season.-.- &��, .i, ^ r�. A meter hosting fee will be applied
year-round. Metered service installed for sprinkling cannot be used for any other purpose and
5
any usage outside of the sprinkling season shall be billed at the normal water usage rates in
accordance with the Rate Schedule.
6. No City Water But City Sanitary Sewer: Commercial or Residential customers which are not
connected to city water, but which discharge sewage into the city sanitary sewer, shall have
their water service metered. The metering shall be at the expense of the customer, including
the meter, and be compatible with the City's metering system. The Water Department
personnel shall have access to the water meter for reading purposes. There will be no charge
made for the water used, but the meter reading will be used as a basis for a sewer service
charge. The Water Department reserves the right to check the customer's meter for accuracy.
Meters which are found to be over 2% in error, in the customer's favor, shall be replaced or
repaired by Water Department personnel, at the customer's expense.
7. Usage Restriction: The Water Department agrees to furnish water for specified uses and for
specified fees. If a customer furnishes locations with water without written permission from
the Director of Public Works, or uses the water for other purposes than those for which the
customer is paying, it is a violation of the service contract. Upon discovery by the Water
Department of a violation of usage, the customer shall be mailed a written notice of such
offense. After 30 days from the date of mailing said written notice, the Department of Public
Works may have the water shut off and service discontinued until such a time as the additional
services furnished have been paid for or the violation rectified. A turn -on charge, if any, must
be paid by the customer in accordance with the Rate Schedule. In no case will the Water
Department furnish water from one meter to two or more houses, whether or not the same are
owned by one person or entity.
8. Turn -On or Turn -Off: New customers will not be charged turn on fees for existing services, if
the turn -on is made during regular working hours. Turn -on service required at times other than
regular working hours will be charged to the customer in accordance with the Rate Schedule.
Where no service line to the premise is in place, the new customer will be charged an impact
fee as provided in Rule VII and shall be paid before connection is made. Turn -Off will be made
when requested by existing customer, at no cost to the customer. See Rule XII for charges
made against the customer for Turn -Off necessitated for non-payment of service charges. Turn -
on and Turn-off service required at times other than regular working hours will be charged to
the customer in accordance with the Rate Schedule. Temporary and Seasonal services will be
charged for these services per the Rate Schedule.
9. Resale of Water: Water furnished by the Water Department shall not be resold or caused to be
resold by any customer unless the customer is engaged in the business of distributing water as
a public water supply defined by MDEQ, and a Memorandum of Understanding defining
11
responsibilities of the both public water systems has been signed and approved by the City
Manager.
10. Annexation Required for Initiation or Continuation of Water Service: Any customer now
receiving, or hereafter initiating, water service supplied by the Kalispell Water Department,
shall be deemed to have consented to, and waived the right to protest, annexation to the City
of Kalispell as a condition of continuing or initiating said water service.
Rule VI Rate Establishment
All rates and rate adjustments shall be adopted by the City Council through the Hearing
Process. The rates shall be in accordance with Exhibit "A" attached.
Rule VII Application for Water Service
All customers desiring water service must make written application at the Water Department
office on forms provided therefore, setting forth in said application all purposes for which
water will be used upon their premises. In cases where the customer is not the owner of the
premises, the customer is primarily liable for payment for water service and the property owner
is jointly and severally liable for such payment. All applications for the introduction of water
service to any premise must be signed by the property owner. Any change in the identity of the
contracting customer at a premise will require a new application for water.
When the contracting consumer is a renter, lessee, or is not the property owner, an application
for water service shall be made in the consumer's own name and the consumer shall be
primarily liable for payment of the water service. Billing in this manner will not release the
liability of the owner and in this instance the Water Department shall notify the property owner
of the new service application as an endorsement on the property owner's application.
It is the responsibility of the applicant to contact the Director of Public Works or City
authorized representative, prior to making application to be sure that there is a water main
adjacent to the applicant's property. If no main exists, it is the applicant's responsibility to
install a main, in accordance with City Standards, at the applicant's expense.
All premises to be served, which have not previously been served by the system, will be
assessed an impact fee. Impact fees are due and must be paid before service application may
be approved.
Rule VIII Refusal to Serve Customer
7
The Water Department may decline to serve an applicant:
(1) Until the applicant has complied with these Rules and Regulations governing water service,
or
(2) if, in the Water Department's judgment, the applicant's installation of piping, equipment,
or appurtenances is regarded as hazardous, of such character that satisfactory service cannot
be given, or
(3) if the applicant's system could cause damage or harmful effects to the water system or
adjoining properties, or
(4) if the customer's system or private water line serving the customer's property is leaking
and the applicant or customer refuses to repair the leak.
In the event the Water Department refuses to serve an applicant under the provisions of this
rule, the Water Department shall inform the applicant that the applicant may submit the
question of refusal to serve to the City Council for their review and decision.
Rule IX Billing
I. Billing Periods: The charges for municipal water services and fireline charges shall be billed
at least monthly. To meet unusual conditions, such as discontinuances, the utility may render
bills for service at other than the aforementioned intervals. The date of the month for reading
any meter shall be, as close to practical, to the same date as the preceding reading. The billing
dates shall likewise be monthly, with a date of mailing of said bill as near as practical to the
date of mailing of the previous bill. In case of leased property, all billing shall be sent to the
tenant and property owner, unless the property owner agrees to be billed directly.
2. Opening and Closing Bills: Opening and closing bills for water service will be computed in
accordance with the rate applicable to the service, by amount of water used and the monthly
fixed meter charge, meter charge, and meter hosting fee .,,av, in st-alive ,.h -ge, on a pro -rated
basis of the number of days in the period of question to the number of days in the normal billing
period.
3. Billing Information: Bills shall show the meter readings at the beginning and the end of the
period for which the bill is rendered, the date of the meter reading, the number of gallons
supplied, and the date upon which payment is overdue.
4. Adjustment of Bills: If the customer believes the meter reading shown on the bill is incorrect
by comparing previous billings and current readings, the customer shall notify the Water
Department within five (5) days of receipt of the billing in question. In case of a dispute as to
the accuracy of the meter, the customer, upon depositing the amount set forth in the Rate
Schedule, may request that the meter be removed and tested for accuracy in the presence of the
customer. If the meter is found to be registering correctly within two percent (2%) of true
recording or in favor of the customer, the amount deposited shall be forfeited to the Water
Department. If the meter is found to be recording incorrectly (i.e. over two percent (2%) of
true recording) against the customer, the Water Department shall refund the deposit and refund
to the customer the overage, based on a true recording for a period of six (6) months or for a
lesser period, if the date of cause can be established from records related to the cause.
5. Error in Billing: If an error in billing or meter reading has been made, the City may recover
any undercharge or must refund any over -collections for the previous six months, as applicable.
6. Dead Meters: If a meter is found not to register for any period, the Water Department shall
compute the water used as follows:
a. For customers who have been served for over one year, the amount billed shall be based
on the same consumption use as occurred during the same period the previous year.
b. For customers who have been served for less than one year, the amount billed shall be
based upon water used for the last billing period.
Exceptions will be made to the rule if the facts reasonably show that either method does not
give the correct consumption for the period.
Rule X Complaints
The Water Department shall make a full and prompt investigation of all complaints made by
customers of the Water Utility, and report the results thereof to the customer. If the complaint is
not rectified to the satisfaction of the customer, the Water Department shall notify the customer of
the privilege of appeal to the City Manager or City Council.
Rule XI Service Interruptions
1. Notification of Scheduled Interruption: Every customer affected by an interruption in service
shall be notified in advance of all programmed work. Such notice shall be made at least 18
hours in advance in the form of personal contact, or a notification tag placed on the entrance
way for interruptions affecting 24 or fewer customers. For interruptions affecting a larger area
than the foregoing, the notification may be in the form of the forgoing or a notification over
the electronic media at least twice prior to 18 hours before interruption.
2. Emergency Interruption: In the event of an emergency interruption, the Water Department
shall re-establish service as soon as possible. When emergency repairs, such as main breaks,
W
fire hydrant damage, etc., becomes necessary, a concerted effort shall be made by the Water
Department to repair the cause without total disruption of service, except for that period when
complete shutoff may be required due to the nature of the damage. Notification of affected
customers may not be possible. However, every effort shall be made by the Water Department
to have an announcement sent over the electronic media if the period of total interruption is
expected to be more than a four (4) hour period.
3. Liability: The Water Department shall not be liable to customers or others for failure or
interruption of water service due to main breaks, routine maintenance and operations, acts of
God, governmental regulations, court or Public Service Commission orders, acts of a public
enemy, strikes or labor disputes, accidents, weather conditions, acts of third parties, droughts,
or, without limitation by the forgoing, any other cause beyond the reasonable control of the
Water Department Personnel.
4. Adjustment of Rate for Interruption: Interruptions of service due to any of the foregoing or for
the customer's frozen facilities shall not render the City liable for any adjustment in the bill.
Rule XII Discontinuance of Service
1. Vacation of Premises: Any customer who is about to vacate any premise supplied with
service by the Water Department, or for any reason, wishes to have service discontinued,
shall give at least a 24 hour notice to the Water Department. Notice shall specify the date
on which discontinuance is desired. Discontinuance will not be made on Saturday,
Sunday, or Holiday unless the customer agrees, in writing, to pay the actual cost of turn
off. Until the Water Department receives such notice, the customer shall be held
responsible for all services rendered.
2. Temporary Discontinuance: Should the customer desire temporary discontinuance of
service, the Water Department when notified will shut off the water at the curb stop and
allowance will be made on the bill for such times as the water is not in use. If the customer
requests the service to be reconnected within six (6) months of the date of disconnect, the
customer shall pay the turn on charge, as set forth in the Rate Schedule, before the Water
Department will turn on the water. In the event the curb stop cannot be closed for reasons
beyond the control of the Water Department, the Water Department shall notify the
customer of the reasons for not discontinuing service.
3. Discontinuance by Water Department: The Water Department shall make a diligent effort
to induce the customer to comply with all applicable Rules and Regulations, including
payment of bills. When payment becomes delinquent as indicated by a past due notice on
current billing, the customer shall have ten days after the billing notice to comply by
10
making payment. If payment is not made, the Water Department is directed to place a
notice upon the premise advising that service will be shut off and stating the date when
this will be done and a tag fee will be levied in accordance with the Rate Schedule. The
Water Department shall not be liable for failure of the customer to see such notice or for
disappearance of the notice from the premises. The Water Department shall keep record
of all notices. The Water Department shall not discontinue service on Friday, Saturday or
Sunday, or a day prior to a holiday, or if an emergency affecting health exists. A written
statement from a physician or health agency must be presented to the Water Department
within five days, if such claim of emergency is made.
In the case of fraudulent use of water, or where the water utility's regulating or measuring
equipment has been tampered with, or where a dangerous condition is found to exist on
the customer's premises, the water may be shut off without advance notice. An example
of a dangerous condition is one which could cause damage to the water system or one
which could potentially allow contaminants to enter the water system.
4. Charges for Reconnections Due to Water Department's Discontinuance: Whenever the
supply of water is turned off for violation of the Rules and Regulations, the Water
Department must receive payment for all charges, as determined in the Rate Schedule,
before the water will be turned on. After service has been turned off because of non-
payment of bills, the services shall not be turned on again until all back water bills have
been paid.
5. Disconnected Services: No plumber or other person shall be allowed to make connection
with any conduit pipe or other fixture or to connect pipes when they have been
disconnected, or to turn water on or off, on any premises served by the Water Department,
without permission from the Water Department.
Rule XIII Access to Property
Water Department Personnel shall, at all reasonable times, have access to meters, service
connections, curb boxes, and other property owned by the City, which is on the customer's
premises, for purposes of maintenance, operation and inspection. The Water Department also
reserves the right to inspect all plumbing connected to and with the supply of water for
violation of use, or improper or illegal connections. The customer shall remove obstructions
and contain pets such that they do not impair ingress or egress or interfere with the work of
the Water Department personnel. Refusal on the part of the customer to allow access for such
purposes, remove obstructions or contain pets shall be deemed to be sufficient cause for
discontinuance of service by the Water Department. However, the customer shall have the
right to verify the identity of the person seeking access.
11
12
Rule XIV Identification of Employees
Every employee of the Water Department whose duties require the entering of the
customer's premises shall carry an identification card which identifies the employee as a
representative of the Water Department. The identification card shall contain pertinent
information necessary to identify the employee including a photograph, together with the
telephone number of the Water Department. The customer may refuse access to the
customer's premises while the customer calls the Water Department to check the
authenticity of the identification card and that the employee is working for the Water
Department.
Rule XV Metering
1. Utility to Provide Meters: All water furnished by the Water Department shall be metered,
except private fire protection lines and temporary services as approved by the Water
Department. The Water Department shall provide, operate and maintain all meters, except
as provided in Rule V (5) for water sprinkling. The customer is responsible for the cost of
testing and maintenance of all meters in excess of two inches. Under no circumstances
shall the customer remove, manipulate, or tamper with the meter.
The Water Department may replace any meter at such time as it may be judged necessary
by the Water Department.
2. Location of Meters: The customer shall provide adequate protection of the meter from frost
or other damage. The meter must be located in a horizontal position where it is easily
accessible for purposes of reading and repairing. When a meter is located inside a house or
building, the Water Department, at its own expense, may install a remote register for meter
reading on the exterior of the house or building. The cost of repairs to meters caused by
freezing or other damage shall be paid by the customer. All new meter installations shall
be in vaults or pits that meet material and installation requirements as set forth in the
standards.
3. Meter Testing: The Water Department shall have equipment for testing the accuracy of all
meters owned by the Water Department through two inches in size. For testing of meters
larger than 2 inches, the equipment may be owned and operated by the Water Department
or the meters may be sent to a qualified shop or laboratory for such testing. The Water
Department shall have a program for testing of all meters and shall keep an accurate record
of the date of testing of each meter.
13
4. Meter Accuracy: Water service sizing and fittings before a meter pit or vault shall follow
the requirements outlined in the Standards for Design and Construction. Whenever a meter
is found to exceed a limit of two percent fast or slow, it must be adjusted to register as
nearly one hundred percent as commercially practicable or replaced. A manufacturer's
certified test will be acceptable for the accuracy of new meters.
Rule XVI Changes in Character of Service
In the event the Water Department makes changes in the system which would cause an
increase of 10 p.s.i.g., or more above routine operation, in the pressure of the system, or
portion of system thereof, the Water Department shall notify the customers who will be
affected by said increase. The customer shall be responsible for the adjustment of
appliances and equipment of installation and maintenance of pressure reduction devices to
accommodate the increased pressure.
Rule XVII Extension of Water Mains
1. Cost of Extensions: It shall be the responsibility of the developer or property owner to
extend and pay all costs thereof, for all main extensions from the existing city facilities to
the site of development in accordance with all City Standards. Under certain
circumstances, the Kalispell City Council may determine that it is appropriate to approve
and enter into a Developers Extension Agreement with the developer or property owner to
provide for the reimbursement of costs associated with construction of the infrastructure
which exceeds the size or capacity of Standard requirements for the development. This
agreement sets forth the value of the extended main, the charges for new customer
connections to the extension main, and allows the developer to recover costs associated
with the extension of said utility service for Standard improvements greater than required
to serve the development. The said Agreement must be adopted by Resolution of the City
Council and signed by the Mayor and the Developer.
2. Extension Agreement or Late -Coming Customer Fee: If the City has become contractually
obligated to collect a latecomer fee from a customer who connects to a main extension
associated with an agreement, the City may refuse to allow such customer to connect to the
extension until the fee is paid. If such customer fails or refuses to pay such fee when
required, it shall be sufficient cause for discontinuance of service. Customers who connect
to the system after the extension is complete and who did not share in the cost of the
extension shall pay the main extender a pro rata share of the costs as defined in the
agreement.
14
3. Standards of Installation: All mains, appurtenances and auxiliary piping shall be designed
and installed in accordance with the City Standards.
4. Oversizing Mains: A Developers Extension Agreement may be established, upon
approval of Council for main extensions that exceed the size and capacity as required for
the development in accordance with City Standards. However, if the City requires the
customer or developer extending the main to install a larger size main than required by
City Standards, the City shall pay the difference in cost between the larger main required
by the City, and the size of main required by said standards.
5. Additional Extensions: The City reserves the right to further extend the mains installed
by foregoing customers. The City also reserves the right to charge future main extenders,
for their pro -rated share of the cost for the oversizing of the City's infrastructure. Such
pro -rated cost shall be based on volume of flow contributed by the development for
which the line was further extended, versus the volume of flow of which the oversized
portion of the existing main could handle.
Rule XVIII Service Lines and Connections
1. Main Connections: For services, the Water Department shall install a service saddle, a
service valve as well as tap the main. The customer shall bear the full expense for labor,
equipment and materials for such installations. The customer shall obtain a permit from the
Department of Public Works before making said excavation and connection. All work
shall be performed in accordance with City Standards.
2. Service Lines: The customer, at the customer's expense, shall be responsible to install all
piping and appurtenances, except the meter, from the main connection to the point of usage,
and restore all surfaces to the condition which existed before the installation. The service
line, curb stop and curb box shall be as specified in the City Standards. The curb stop and
curb box shall be in the public right of way or an easement, in an accessible location
approved by the City. There shall be no branches made in the service line between the main
and the meter. All piping and appurtenances shall be installed, tested, chlorinated and
flushed in accordance with City Standards. Structures containing two or more residences
under separate ownership shall have separate service lines from the main, service valves,
curb stops, and meters for each residence. Structures containing two or more residences,
offices, or businesses that are rental units under common ownership shall have one service
line, valve, curb stop, and meter for all occupants within a single structure.
3. Maintenance of Service Lines: The customer shall maintain, at the customer's expense, all
service piping and appurtenances in a good condition, free from leaks. Failure to do so shall
15
be cause for discontinuance of service. If curb boxes are not maintained to a condition that
the service can be shut off or turned on freely, the Water Department reserves the right to
make whatever repairs are necessary to be able to perform full functions and charge the
customer for labor, equipment and materials necessary to make the repair. It is the
customer's responsibility to repair any leaks in the service line immediately upon
discovery.
4. Interior Plumbing and Fixtures: All plumbing connected, directly or indirectly, to the
supply or service of the City's water system shall conform to the installation requirements
of the International Association of Plumbing and Mechanical officials "Uniform Plumbing
Code" and these rules and regulations.
Rule XIX Freezing and Prevention of Freezing
1. Mains: If there is a danger of freezing of the mains, the Water Department may request
customers individually or within a specified area, to run water sufficient to prevent
freezing. Customers thus requested will not be billed for the excess used and their billing
during the request period will be based on the same amount used during the same billing
period the previous year, or, in the case of new customers, their billing will be based on a
minimum charge. The Water Department shall notify the requested customers when the
period of freezing danger is over and the normal billing rate will become effective the next
billing period. In the event the main does freeze, the Water Department shall be responsible
for all costs in thawing the main and repairing any damage to the main.
2. Service Lines: The customer is responsible for the prevention of freezing of the service
line and appurtenances. If freezing does occur to the service line, the customer shall bear
the cost of thawing and replacement of any damaged piping, appurtenances and equipment.
It is the customer's responsibility to properly drain all water lines to prevent freezing when
the service has been shut off for whatever reason.
Rule XX Fire Hydrants
Fire hydrants, except those on the Private Fire Protection Line, are the property of the City,
which shall have the responsibility for maintaining the same in good repair. The cost for
hydrant maintenance shall be included in the metered rates charged to the customer as set
forth in the Rate Schedule.
Rule XXI Abandonment of Service
16
When a lot or parcel is developed to a permitted use, all duplicate, excess, and/or unused
services and fire services, including stub -outs, shall be abandoned at the main at no cost to
the City. Aggregation of parcels will trigger abandonment of unused water and fire
services. Whenever a building served by water ceases to exist, water services and fire
services shall be abandoned at the main. At the discretion of the Water Department,
however, and depending upon whether water service is anticipated to be renewed within
one year, temporary removal from service may be controlled with an operative curb stop.
Rule XXII Source Water Protection.
1. Geothermal Injection Wells and Open -Loop Systems: All geothermal injection wells and
open -loop systems located within the City limits are required to submit a hydrologic
assessment report, performed by an experienced hydrologist, describing potential water -
quality effects to the City's water production sources. The report will provide an evaluation
of the effect the injection water could have on a municipal well using a modular finite -
difference groundwater flow model, or approved equivalent model. The report will include
a location map of City water source and private wells, pumping and injection rates,
groundwater flow direction, and capture zone analysis with a particle tracking map. The
applicant will also provide a copy of either the EPA injection permit or the Authorization
Rule issued to the applicant by the EPA. If the report indicates there will be a detrimental
effect on the municipal water source, the City may refuse to service the applicant as defined
in Rule VIII Refusal to Serve Customer.
2. Cross Connection: No pipes or fixtures connected to the water supply of the Water
Department will be connected, directly or indirectly, to pipes or fixtures containing water
from any other source.
3. Backflow Assemblies: Backflow assembly testing shall be performed per manufacture
specifications and the certification made available to the City upon request.
Rule XXIII Private Mains
1. The City shall have no obligation to maintain, test, repair or replace private mains, and
the City shall not be liable or responsible for any damage caused by water leaking from
a private main.
2. All customers served by a private main are jointly and severally liable and responsible
for maintaining, testing, and repairing. All customers served by a private main are
advised to replace such line with a properly designed and installed main.
17
3. If in the judgment of the Water Department a private main has become hazardous, or
could damage or cause harmful effects to the water system, to customers, or to
neighboring property owners or residents, the Water Department shall give reasonable
notice of the problem and the needed maintenance, testing, repair or replacement. The
Water Department shall allow a reasonable time for such work, based on the severity of
the condition giving rise to such notice. If the Water Department determines that it is
not feasible or practical to remediate the private main, the Water Department shall give
reasonable notice to such customers of the need to install a new main, or connect to an
existing main, in the discretion of the Water Department. The Water Department shall
allow a reasonable time for such work, based on the severity of the condition giving rise
to such notice. The Water Department may, in their discretion, grant extensions of time.
If any customer fails or refuses to conduct the needed maintenance, testing, repair or
replacement, or fails or refuses to install a new main or connect to an existing main, it
shall be sufficient cause for discontinuance of service.
Rule XXIV Regulation Amendments
The City Council may adopt, establish or change policies which define and govern the action
of the Water Department personnel on specific and special conditions. The said policy shall
not be in conflict with any of the Rules and Regulations contained herein. The decision of
the City Council to adopt, establish or change such policies shall be made by a motion duly
adopted and approved and filed with the City Clerk.
18
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
EXHIBIT "A"
EFFECTIVE january 1, 2016June 01, 2020
PAGE NO. 1
SCHEDULE A
RESIDENTIAL AND COMMERCIAL SERVICE
Available for: User premises located within the City Limits
Fixed charge per meter per month
FY20
FY21
FY22
FY23
FY24
FY25
FY26
FY27
Chime:
$7.50
$8.74
$9.61
$10.52
$11.52
$11.87
$12.23
$12.60
Meter charge:
Meter Size
Fee per Billing Cycle
3/4"
$0.80
$1.10
$1.21
$1.32
$1.45
$1.49
$1.53
51.58
1"
1.38
1.69
1.86
2.04
2.23
2.30
2.37
2.44
11/2"
2.68
3.09
3.40
3.72
4.07
4.19
4.32
4.45
2"
3.75
4.45
4.90
5.37
5.88
6.06
6.24
6.43
3"
14.10
10.29
11.32
12.40
13.58
13.99
14.41
14.84
4"
19.88
14.24
15.66
17.15
18.78
19.34
19.92
20.52
6"
22.64
22.64
24.90
27.27
29.86
30.76
31.68
32.63
> 6" determined at time of connection based upon
15-year
replacement life
Hosting Fee
(per metering system) $0.89 $0.89 $0.89 $0.89 $0.89 $0.89 $0.89
Meter- Size Fee per- Billing C-yele
3/4" $ .90
1)o
, l 2.69.
�11 7�
T if 1 A 1
Rate: per thousand gallons/no minimum
All consumption $2.43 $2.48 $2.73 $2.99 $3.27 $3.37 $3.47 $3.57
Rate:
CITY OF KALISPELL EXHIBIT "A"
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
EFFECTIVE january 1, 2016June 01, 2020
PAGE NO.2
MULTIPLE USERS
Number of units will not be a factor in the rate formula.
Special Terms and Conditions
1. See Sheet 2 Schedule B for Sprinkling Terms, etc.
2. Out of City rate 1.25 times the in -City rate.
3. Meter Hosting Fee would be added after installation of a new metering system and meter.
CITY OF KALISPELL EXHIBIT "A"
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
EFFECTIVE january 1, 2016June 01, 2020
PAGE NO. 3
SCHEDULE B
RESIDENTIAL SPRINKLING SERVICE
Available for: Residential Users only
Rate: Special summer rate -- Water used for sprinkling purposes.
All residential users who do not have separately metered sprinkling services will be charged during the
months of May, June, July, August, September and October (see rate) per thousand gallons on the amount
of water used in excess of the average consumption for the preceding four months.
Rate: per thousand gallons FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27
All consumption $1.55 $2.48 $2.73 $2.99 $3.27 $3.37 $3.47 $3.57
Per- 0gallons e, c�
CITY OF KALISPELL EXHIBIT "A"
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
EFFECTIVE innuary 1, 2016June 01, 2020
PAGE NO. 4
SCHEDULE B-1
SEPARATELY METERED SPRINKLING SERVICE
Available for: All users within the City limits
Rate: per thousand gallons
FY20
FY21
FY22
FY23
FY24
FY25
FY26
FY27
All consumption
$1.55
$2.48
$2.73
$2.99
$3.27
$3.37
$3.47
$3.57
All water users supplied through a separately metered sprinkling service as provided in the Rules and
Regulations will be billed during the Sprinkling Season as defined herein for all water used during the
Sprinkling Season. No fee will be assessed against these separate sprinkling services except during the
Sprinkling Season. No Sewer fees will be assessed against these separate sprinkling services unless water
is used for other purposes (which are prohibited in the Rules and Regulations.)
Where usage other than during the Sprinkling Season is indicated, this separate service may be cut off and
charged per Schedule A rendered for that usage.
Separately metered Sprinkling Services are permitted only in conjunction with usage through a service to
a dwelling or commercial account.
Sbecial Terms and Conditions
Separate Sprinkling Services will not be granted OUTSIDE THE CITY LIMITS.
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
Available for:
Rate:
EXHIBIT "A"
EFFECTIVE january 1, 2016June 01, 2020
PAGE NO. 5
SCHEDULE C
SPECIAL SUMMER SPRINKLING
COMMERCIAL USERS AND SCHOOLS
Commercial users, including schools, will be granted Sprinkling Rates ONLY if Separately
Metered Services are installed for that purpose. Such services may be entirely separate from the
main to the property or separated ahead of the principal meter serving the property. Users served
in this manner for this purpose will be billed per thousand gallons on all water used for this purpose
during the Sprinkling Season outlined under Residential Meters. No Sewer Fees will be assessed
against these Separate Sprinkling Services unless water is used for other purposes, which is
prohibited in the Rules and Regulations. The Utility will provide 3/4" meters for these Separately
Metered Services. If larger meters are needed, the cost of said larger meter will be paid by the user.
Rate: per thousand gallons
FY20
FY21
FY22
FY23
FY24
FY25
FY26
FY27
All consumption
Rate. $i 551 per- •1hat s.,n
$1.55
ga io s
$2.48
$2.73
$2.99
$3.27
$3.37
$3.47
$3.57
Special Terms and Conditions
Separate Sprinkling Services will not be permitted OUTSIDE THE CITY LIMITS.
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
EXHIBIT "A"
EFFECTIVE january 1, 2016June 01, 2020
PAGE NO. 6
SCHEDULE D
WATER ASSOCIATIONS SERVICE
Available for: SERVICE TO WATER ASSOCIATIONS, OTHER WATER UTILITIES FOR RESALE
Rate: Service supplied for Water Associations or their Water Utilities will not be
provided under Schedule A rates, but will be based on the service to be supplied and Rates
Negotiated at the time agreement is made to provide the services.
MISCELLANEOUS SALES OF WATER
Water sold from Hydrants to trucks by the load:
Rate: per thousand gallons FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27
All consumption $4.14 $4.82 $5.30 $5.80 $6.35 $6.54 $6.74 $6.94
Minimum 10.000 gallons
Fatei $4.14/er- thatisand ga $40.00 Hydrant Meter Setting and Removal Fee
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
EXHIBIT "A"
EFFECTIVE january 1, 2016June 01, 2020
SCHEDULE E
Available for: COMMERCIAL FIRE PROTECTION - NOT METERED
Rate: PER MONTH
Fee Der Billing Cvcle
Size of Service
FY20
FY21
2"Inches
$24.80
24.80
3"Inches
29.25
29.25
4" Inches
32.50
32.50
6" Inches
40.10
40.10
8" Inches
51.00
51.00
10" Inches
STYE OF
70.35
70.35
SE -WAGE v n Tu
PAGE NO. 7
FY22
FY23
FY24
FY25
FY26
FY27
27.28
29.87
32.71
33.69
$34.70
35.74
32.18
35.24
38.59
39.75
40.94
42.17
35.75
39.15
42.87
44.16
45.48
46.84
44.11
48.30
52.89
54.48
56.11
57.79
56.10
61.43
67.27
69.29
71.37
73.51
77.39
84.74
92.79
95.57
98.44
101.39
CITY OF KALISPELL EXHIBIT "A"
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
EFFECTIVE january 1, 2016June 01, 2020
SCHEDULE F
FEES FOR SPECIAL SERVICES
Tau Fee
PAGE NO. 8
Rate: A $20.00 fee will be added to delinquent accounts when City staff is required to notify residents of
potential water turn-off by leaving a written notice at their premises. This fee reimburses the City for the
costs associated with notification and delivery.
Turn On Fee
Rate: When applicable as provided in Rules and Regulations each occurrence when made during regular
working hours shall be billed $30.00. When required other than regular working hours will be
billed at $95.00.
Meter Testing at Customer Request
Deposits required as outlined in Rules and Regulations and refundable under conditions outlined
herein.
Meters up to 2" $ 40.00 Deposit
Larger than 2" 100.00 Deposit
CITY OF KALISPELL EXHIBIT "A"
KALISPELL, MONTANA
UTILITY SCHEDULE FOR WATER
EFFECTIVE january 1, 2016June 01, 2020
PAGE NO. 9
SCHEDULE G
OUT OF CITY SERVICES
Available for: Residential and Commercial services located outside the City limits, available only
by contract approved by the City Council.
Rate: Rates per all Schedules where service is allocated,
PLUS SURCHARGE OF 25%.
CITY OF
KA ISPELL
RULES AND REGULATIONS
GOVERNING SEWER SERVICE
PUBLIC WORKS DEPARTMENT
CITY OF KALISPELL, MONTANA
TABLE OF CONTENTS
Purpose Rules and Regulations........................................................................................1
Definitions...........................................................................................................................1
Recordsand Reports..........................................................................................................3
Preservation of Records................................................................................................3
Filing of Rules, Regulations, and Rate Schedules........................................................3
Financial and Statistical Report....................................................................................4
CustomerInformation.......................................................................................................4
Rates.............................................................................................................................4
Rulesand Regulations..................................................................................................4
Posting..........................................................................................................................4
Usesand Charges...............................................................................................................4
FreeSewage.................................................................................................................4
TemporaryServices......................................................................................................4
No City Water But City Sanitary Sewer......................................................................5
UsageRestriction.........................................................................................................5
Annexation Required for Initiation or Continuation of Sewer Service ........................5
RateEstablishment............................................................................................................5
Application for Sewer Service...........................................................................................6
Refusal to Serve Customer................................................................................................6
Complaints.......................................................................................................................... 8
ServiceInterruptions.........................................................................................................9
Notification of Scheduled Interruption.........................................................................9
EmergencyInterruption................................................................................................9
Liability........................................................................................................................9
Adjustment of Rate for Interruption.............................................................................9
Discontinuance of Service..................................................................................................9
Vacationof Premises....................................................................................................9
Temporary Discontinuance........................................................................................10
Discontinuance by Sewer Department.......................................................................10
Extension of Sewer Mains...............................................................................................10
Costof Extensions......................................................................................................10
Extension Agreement or Late -Coming Customer Fee...............................................11
Standards of Installation.............................................................................................11
OversizingMains.......................................................................................................11
Additional Extensions................................................................................................11
Service Lines and Connections.......................................................................................11
MainConnections.......................................................................................................11
ServiceLines..............................................................................................................11
Maintenance of Service Lines....................................................................................12
Abandonmentof Service.................................................................................................12
Storm Drainage and Other Wastes Prohibited.............................................................12
Increased Concentration of Wastewater Pollutants.....................................................12
PrivateMains...................................................................................................................13
RegulationAmendments.................................................................................................13
RULES AND REGULATIONS
FOR THE
KALISPELL SEWER DEPARTMENT
Rule I Purpose of Rules and Regulations
The purpose of these rules and regulations is to set forth criteria to ensure adequate service,
prevent unfair charges to the customer, and to protect the Kalispell Sewer Department from
unreasonable demands.
The Kalispell Sewer Department is governed by the Kalispell City Council, hereinafter
referred to as the City Council, and is under the direct supervision of the Director of Public
Works. The adoption of these Rules and Regulations shall not preclude the City Council
from altering or amending them, in whole or in part, or from requiring other or additional
service, equipment, facility or standard, either upon complaint, upon its own motion or
upon application of the Director of Public Works.
These Rules and Regulations do not in any way relieve the Kalispell Sewer Department
from any of its duties under the laws of the State of Montana. The authority requiring the
Rules and Regulations is contained in Title 69, Chapter 7, Montana Code Annotated.
Rule II Definitions
The words or phrases used hereinafter shall mean as follows:
1. "City Council" means the duly elected governing body of the City of Kalispell, to
include the Mayor.
2. "City Manager" means the duly appointed City Manager of the City of Kalispell or
any person authorized by him/her to perform acts in his/her behalf.
3. "City Sanitary Sewer" means the system operated by the Kalispell Sewer Department
for the collection, conveyance, and treatment of sewage.
4. "City Water'' means water furnished by the Kalispell Water Department.
5. "Collection Main" means sewer pipe owned, operated and maintained by the Sewer
Department, which is used for the purposes of collecting and conveying wastewater
and sewage, and to which service connections are attached. A pressurized main or force
main is not considered to be a collection main.
6. "Commercial Service" means any sewer usage other than solely for residential
purposes except in a residence in which the resident operates a neighborhood business
occupying less than thirty percent of the living area and which the water consumption
for the business would be insignificant. Where a single structure has a neighborhood
business exceeding the foregoing or has more than one business combined with a
residence, the sewer service shall be considered "Commercial Service". Commercial
Service includes, but is not limited to: schools, hospitals, nursing homes, churches,
hotels, motels, trailer parks, apartments, duplexes, condos, multi-plex units, and
rooming housing with two or more rooms on a rental basis are considered Commercial
services and not Residential.
7. "Customer" or "Consumer" means any individual, partnership, association, firm,
public or private corporation or government agency, or any other user receiving sewer
service. In the case of a tenant or landlord, the property owner is considered the
customer or consumer.
8. "Developer" means any person, firm, corporation, or other entity that causes
improvements to be made upon the land with said improvements requiring sewer
service.
9. "Director of Public Works" means the Director of Public Works for the City Of
Kalispell or any person authorized by him/her to perform acts in his/her behalf.
10. "Domestic Sewage" is defined as the liquid waste collected from customers, residences,
business buildings and institutions which contains organic matter associated with
products consumed by humans.
11. "Extension Agreement/Latecomer Agreement" means an agreement between the City
of Kalispell and a Developer which allows the Developer to connect onto an existing
main owned by the City, and extend water or sewer service to the property of the
Developer. The Agreement sets forth the value of the extended main and the charges
for new customer connections to the extension main which are paid to the Developer.
The said Agreement must be adopted by Resolution of the City Council and signed by
the Mayor and the Developer.
12. "Force Main" or "Pressurized Main" is a pressurized sewer pipe owned, operated, and
maintained by the Sewer Department, which is used for the purpose of conveying
2
sewage from lift stations to other sewer collection mains. No private sewer taps shall
be made on city force mains.
13. "Industrial Waste" is defined as the liquid waste which has any other consistency than
"Domestic Sewage".
14. "Permittee" means any person, firm, corporation or other entity which obtains a written
permit to cause construction work to be performed in accordance with the permit.
15. "Private Main" means any sewer pipe not owned, operated and maintained by the CitX
of Kalispell to which more than one service line was originally connected.
16. "Public Service Commission" means the Montana Public Service Commission.
17. "Residential Service" means sewer usage solely for residential purposes.
18. "Service Connection" means the connection and or the tap at the collection main which
connects the customer's service pipe to the main.
19. "Service Pipe or "Service Line" means the piping from the service connection and or
tap at the main to the customer's premises.
20. "Sewer Department" means the City of Kalispell Sewer Department.
21. "Standards" shall mean the current "Standards for Design and Construction", as
adopted by the Kalispell City Council.
22. "Water Department" means the City of Kalispell Water Department.
Rule III Records and Reports
1. Preservation of Records: All records required by these Rules shall be preserved by the
Sewer Department in accordance with the "Rules to Govern the Preservation of
Records of Public Utilities and Licensees", as prescribed by the National Association
of Regulatory Utility Commissioners (NARUC), dated April, 1972.
2. Filing of Rules, Regulations, and Rate Schedules: No rules, regulations or schedules
of rates or modification of the same, shall be effective until adopted by the City
Council.
3
3. Financial and Statistical Report: The Sewer Department shall file annually a Financial
and Statistical Report upon forms to be furnished by the Public Service Commission.
This report shall be filed on or before October 31 of each year as set forth in Section
69-3-203 MCA.
Rule IV Customer Information
Rule V
1. Rates: Sewer Department personnel shall explain to the customer, during the
application for service, or whenever the customer requests to do so, the Sewer
Department's rates applicable to the type of service furnished to the customer. The
Sewer Department shall supply the customer, when requested, with a copy of the Rate
Schedule.
2. Rules and Regulations: A copy of the Rules and Regulations of the Sewer Department
and any contracts and applications applicable to the Sewer Department shall be
maintained in the office for inspection by the public.
3. Posting: A suitable placard in large type shall be exhibited in a conspicuous location,
giving information to the customer that a copy of the Rules and Regulations of the
Sewer Department and the schedule of rates are kept for their inspection. The
information shall state that the Sewer Department is regulated by the Kalispell City
Council and under the direct supervision of the Director of Public Works.
Uses and Charges
1. Free Sewage: The Sewer Department shall not supply free sewer service to any
customer.
2. Temporary Services: Sewage from construction, special projects, or other short term
usage must be applied for specially and shall be for a period no longer than six months.
The usage charge shall be based on a water meter reading and the current Rate
Schedule.
In all cases, the customer must pay for all charges necessary to provide the temporary
service, including the removal of the service and water meter, if required. Temporary
sewer service, if granted, may be terminated by the City after three days prior written
notice of termination has been personally delivered or mailed to the owner's
representative's last known address. Receipt of temporary service does not in any way
entitle a customer to permanent service.
4
3. No City Water But City Sanitary Sewer: Customers which are not connected to City
water, but which discharge sewage into the city sanitary sewer shall have their water
service metered. The metering shall be at the expense of the customer, including the
meter, and be compatible with the City's metering system. Kalispell Water Department
personnel shall have access to the water meter for reading purposes. There will be no
charge made for the water used, but the meter reading will be used as a basis for a sewer
service charge. The Water Department reserves the right to check the customer's meter
for accuracy. Meters which are found to be over 2% in error, in the customer's favor,
shall be replaced or repaired by Water Department personnel, at the customer's
expense.
4. Usage Restriction: The Sewer Department agrees to collect sewage from certain
specified locations for a certain specified fee. Usage shall be in accordance with the
City of Kalispell Ordinance No. 854 or its subsequent amending ordinance. If a
customer supplies sewer services to other locations without written permission from
the Director of Public Works, discharges sewage for other consistencies than those for
which the customer is paying, or discharges prohibited waste it is a violation of the
service contract. Upon discovery by the Sewer Department of a violation of usage, the
customer shall be mailed a written notice of such offense. After 30 days from the date
of mailing said written notice, the Department of Public Works may have the service
discontinued until such time as the additional services furnished have been paid for or
the violation rectified. In the case of fraudulent use or if a dangerous condition is found
to exist on the customer's premises, services may be discontinued immediately, without
advance notice. An example of a dangerous conditions is one which could cause
damage to the city sanitary sewer system or one which could potentially allow
containments to enter the city sanitary sewer system.
5. Annexation Required for Initiation or Continuation of Sewer Service: Any customer
now receiving, or hereafter initiating, sewer service supplied by the Kalispell Sewer
Department, shall be deemed to have consented to, and waived the right to protest,
annexation to the City of Kalispell, as a condition of continuing or initiating said sewer
service.
Rule VI Rate Establishment
All rates and rate adjustments shall be adopted by the City Council through the Hearing
Process as provided by law. The rates shall be in accordance with Exhibit "A" attached.
Rule VII Abblication for Sewer Service
5
All customers desiring sewer service must make written application at the Sewer
Department office on forms provided therefore, setting forth in said application the type
of sewage to be discharged into the city sewage system. In cases where the customer is
not the owner of the premises, the customer is primarily liable for payment for sewer
service and the property owner is jointly and severally liable for such payment. All
applications for the collection of sewage from any premise must be signed by the
property owner. Any change in the identity of the contracting customer at a premise
will require a new application.
While the contracting user is a renter, leasee, or is not the property owner, an
application for sewer service shall be made in the consumer's own name and the
consumer shall be primarily liable for payment of the sewer service. In such instance,
the Sewer Department shall notify the property owner of the new service application
and place the contracting user's name and date of service application as an endorsement
on the property owner's application.
Special written applications, must be made for service other than strictly domestic
sewage.
It is the responsibility of the applicant to contact the Director of Public Works or City
authorized representative, prior to making application to be sure that there is a sewer
main adjacent to the applicant's property. If no main exists, it is the applicant's
responsibility to install a main, in accordance with City Standards, at the applicant's
expense.
All premises to be served which have not previously been served by the system will be
assessed an impact fee. Impact fees are due and must be paid before service application
may be approved.
Rule VIII Refusal to Serve Customer
The Sewer Department may decline to serve an applicant:
(1) Until the applicant has complied with these Rules and Regulations governing sewer
service, or
(2) if, in the judgment of the Director of Public Works, the applicant's installation of piping,
equipment, or appurtenances is regarded as potential health hazard or of such character that
it is considered industrial waste or,
11
(3) if the applicant's system could cause damage or harmful effects to the Sewer
Departments ability to satisfactorily treat such sewage within the limitations of the
Kalispell Wastewater Treatment Plant.
In the event the Sewer Department refuses to serve an applicant under the provisions of
this rule, the Sewer Department shall inform the applicant that the applicant may submit
the question of refusal to serve to the City Council for their review and decision.
Rule IX Billing
1. Method of Billing: The billing for domestic sewage shall be based on the comparative
volume of flow, as determined by water meter readings, except that (1) .,,av, iais+-afi,. e
fixed charges will be assessed in accordance with the Rate Schedule, and (2) there will
be no charge for water passing through the meter which is reasonably determined to be
used for water sprinkling. The billing for industrial wastes and high strength wastes
shall be based on the water meter reading plus an increased amount, as determined by
the City of Kalispell ordinance to cover the special or increased cost of treating said
waste at the Wastewater Treatment Plant.
2. Billing Periods and Payment: The charges for municipal sewer services shall be billed
at least monthly. To meet unusual conditions, such as discontinuances, the utility may
render bills for service at other than the aforementioned intervals. The date of the month
for reading any meter shall be, as close to practical, to the same date as the preceding
reading. The billing dates shall likewise be monthly, with a date of mailing of said bill
as near as practical to the date of mailing of the previous bill. In cases of leased
property, all billing shall be sent to the tenant and property owner, unless the property
owner agrees to be billed directly. Except for customers covered by Rule V (3), the bill
for sewer service will be combined with the bill for water usage. Payment must be made
for the total due for both water and sewer to constitute full payment for either.
3. Opening and Closing Bills: Opening and closing bills for sewer service will be
computed in accordance with the rate applicable to the service, by amount of water
used and the ,,,am inis+r +i fixed charge, on a pro -rated basis of the number of days in
the period of question to the number of days in the normal billing period.
4. Billing Information: Bills shall show the water meter readings at the beginning and the
end of the period for which the bill is rendered, the date of the meter reading, the
number of gallons supplied, and the date upon which payment is overdue.
7
5. Adjustment of Bills: If the customer believes the meter reading shown on the bill is
incorrect by comparing previous billings and current readings, the customer shall notify
the Sewer Department within five days of receipt of the billing in question. In case of
a dispute as to the accuracy of the meter owned by the Water Department, the customer,
upon depositing the amount set forth in the City of Kalispell Water Rate Schedule, may
request that said meter be removed and tested in accordance with the Rules and
Regulations of the Kalispell Water Department.
If the meter is not owned by the Water Department, the customer, at the customer's
expense, shall determine the accuracy of the water meter if the customer disputes the
accuracy of the meter. If the Sewer Department disputes the accuracy of said meter, the
Sewer Department, at the Sewer Department's expense, may determine the accuracy
of said meter and if said meter is found to be inaccurate over two percent in favor of
the customer, the customer shall make the necessary repairs, at the customer's expense,
to bring the meter into tolerance or replace said meter. Billing adjustments shall be
made for inaccurate meters in the same manner and in accordance with the Rules and
Regulations of the Kalispell Water Department.
6. Error in Billing: if an error in billing or meter reading has been made, the City may
recover any undercharge or must refund any over -collections for the previous six
months, as applicable.
7. Dead Meters: If a meter is found not to register for any period, the Water Department
shall compute the water used as follows:
a. For customers who have been served for over one year, the amount billed shall
be based on the same consumption use as occurred during the same period the
previous year.
b. For customers who have been served for less than one year, the amount billed
shall be based upon water used for the last billing period.
Exceptions will be made to the rule if the facts reasonably show that either method does
not give the correct consumption for the period.
Rule X Complaints
The Sewer Department shall make a full and prompt investigation of all complaints
made by its customers, and report the results thereof to the customer. If the complaint
0
is not rectified to the satisfaction of the customer, the Sewer Department shall notify
the customer of the privilege to appeal to the City Manager or City Council.
Rule XI Service Interruptions
I. Notification of Scheduled Interruption: Every customer affected by an interruption in
service shall be notified in advance of all programmed work. Such notice shall be made
at least 18 hours in advance in the form of personal contact, or a notification tag placed
on the entrance way for interruptions affecting 24 or fewer customers. For interruptions
affecting a larger area than the foregoing, the notification may be in the form of the
forgoing or a notification over the electronic media at least twice prior to 18 hours
before interruption.
2. Emergency Interruption: In the event of an emergency interruption, the Sewer
Department shall re-establish service as soon as possible. When emergency repairs,
such as main breaks, plugged mains, etc., becomes necessary, a concerted effort shall
be made by the Sewer Department to repair the cause without total disruption of
service, except for that period when complete shutoff may be required due to the nature
of the damage. Notification of affected customers may not be possible. However, every
effort shall be made by the Sewer Department to have an announcement sent over the
electronic media if the period of total interruption is expected to be more than four
hours.
3. Liability: The Sewer Department shall not be liable to customers or others for failure
or interruption of service due to main breaks, routine maintenance and operations,
plugged mains, acts of God, governmental regulations, court or Public Service
Commission orders, acts of a public enemy, strikes or labor disputes, accidents, weather
conditions, acts of third parties, droughts, or, without limitation by the forgoing, any
other cause beyond the reasonable control of the Sewer Department Personnel.
4. Adjustment of Rate for Interruption: Interruptions of service due to any of the
foregoing or for the customer's frozen facilities shall not render the City liable for any
adjustment in the bill.
Rule XII Discontinuance of Service
1. Vacation of Premises: Any customer who is about to vacate any premise supplied with
service, or for any reason, wishes to have service discontinued, shall give at least a 24
hour notice to the Sewer Department. Notice shall specify the date on which
discontinuance is desired. When a customer receives water service from the Kalispell
Water Department, the notice for discontinuance to the Water Department is sufficient
notice for the Sewer Department.
2. Temporary Discontinuance: Notification to the Water Department of the desire to
temporarily disconnect water service will be sufficient notice to discontinue sewer
charges.
3. Discontinuance by Sewer Department: The Sewer Department shall make a diligent
effort to induce the customer to comply with all Rules and Regulations, including
payment of bills. When payment becomes delinquent as indicated by a past due notice
on current billing, the customer shall have ten days after the billing notice to comply
by making payment. If payment is not made, the Water Department or Sewer
Department will place a notice upon the premises that water furnished by the Water
Department cannot be wasted into the Sewer Department's mains. Said notice shall
state the date when the water shall be shut off. The Water Department or Sewer
Department shall not be liable for failure of the customer to see such notice or for
disappearance of the notice from the premises. The Sewer Department shall keep record
of all notices. The Water Department or Sewer Department shall not discontinue
service for non-payment on Friday, Saturday, Sunday, a day prior to a holiday, or if an
emergency affecting health exists. A written statement from a physician or health
agency must be presented to the Sewer Department within five days, if such claim of
emergency is made.
Rule XIII Extension of Sewer Mains
1. Cost of Extensions: It shall be the responsibility of the developer or property owner
to extend and pay all costs thereof, for all main extensions from the existing city
facilities to the site of development in accordance with all City Standards. Under
certain circumstances, the Kalispell City Council may determine that it is
appropriate to approve and enter into a Developers Extension Agreement with the
developer or property owner to provide for the reimbursement of costs associated
with construction of the infrastructure which exceeds the size or capacity of
Standard requirements for the development. This agreement sets forth the value of
the extended main, the charges for new customer connections to the extension main,
and allows the developer to recover costs associated with the extension of said
utility service for Standard improvements greater than required to serve the
development. The said Agreement must be adopted by Resolution of the City
Council and signed by the Mayor and the Developer.
10
2. Extension Agreement or Late -Coming Customer Fee: If the City has become
contractually obligated to collect a latecomer fee from a customer who connects to
a main extension associated with an agreement, the City may refuse to allow such
customer to connect to the extension until the fee is paid. If such customer fails or
refuses to pay such fee when required, it shall be sufficient cause for discontinuance
of service. Customers who connect to the system after the extension is complete
and who did not share in the cost of the extension shall pay the main extender a pro
rata share of the costs as defined in the agreement.
3. Standards of Installation: All mains, appurtenances and auxiliary piping shall be
designed and installed in accordance with the City Standards.
4. Oversizing Mains: A Developers Extension Agreement may be established, upon
approval of Council, for main extensions that exceed the size and capacity as
required for the development in accordance with City Standards. However, if the
City requires the customer or developer extending the main to install a larger size
main than required by City Standards, the City shall pay the difference in cost
between the larger main required by the City, and the size of main required by said
standards.
5. Additional Extensions: The City reserves the right to further extend the mains
installed by foregoing customers. The City also reserves the right to charge future
main extenders, for their pro -rated share of the cost for the oversizing of the City's
infrastructure. Such pro -rated cost shall be based on volume of now contributed by
the development for which the line was further extended, versus the volume of flow
of which the oversized portion of the existing main could handle.
Rule XIV Service Lines and Connections
1. Main Connections: The customer shall perform all necessary excavation over and
around the main, and make the service line connection to the main. The customer
shall obtain a permit from the Department of Public Works before making said
excavation and tap. All work shall be performed in accordance with City Standards
and accepted by Public Works prior to backfill.
2. Service Lines: The customer, at the customer's expense, shall install all piping and
appurtenances, from the main connection to the point of usage, and restore all
surfaces to the condition which existed before the installation. All piping,
appurtenances, and surface restoration shall be installed and tested in accordance
with City Standards. Installation of a back water apparatus may be required upon
11
review by the Sewer Department. Structures containing two or more residences
under separate ownership shall have separate service lines from the main for each
residence. Structures containing two or more residences or commercial uses that
are rental units under common ownership shall have one service line for all
occupants within a single structure.
3. Maintenance of Service Lines: The customer shall maintain, at the customer's
expense, all service appurtenances, including the tap at the main, in a good
condition, free from inflow, infiltration, root intrusion, and exfiltration. Failure to
do so shall be cause for discontinuance of service. It is the customer's responsibility
to repair all deficiencies in the service line immediately.
Rule XV Abandonment of Service
When a lot or parcel is developed to a permitted use, all duplicate, excess, and/or
unused services, including stub -outs, shall be abandoned at the main at no cost to
the City. Aggregation of parcels will trigger abandonment of unused services.
Whenever a building served by sewer ceases to exist, services shall be abandoned
at the main. At the discretion of the Sewer Department, however, and depending
upon whether sewer service is anticipated to be renewed within one year,
abandonment may not be required.
Rule XVI Storm Drainage and other Wastes Prohibited
No person shall make connection of roof downspouts, exterior foundation drains,
area drains, sump pumps, or other sources of surface runoff or groundwater to a
building sewer or building drain which in turn is connected directly or indirectly
to the city sanitary sewer. No commercial services shall discharge condensate
water to the city sanitary sewer. No person shall discharge or cause to be
discharged any storm water, surface water, groundwater, roof runoff or subsurface
drainage to the city sanitary sewer. No septic sewage shall be introduced into the
city sanitary sewer system. No prohibited wastes as defined in city code and
ordinances shall be discharged into the sanitary sewer system.
Rule XVII Increased Concentration of Wastewater Pollutants
The Department of Public Works considers the =rya_ r_ _? _ tialnormal domestic
strength concentrations to be 240-250 parts per million (PPM) Bio'_ea__a'_'r' Eyg_
-Chemical Oxygen Demand (BOD), 250 PPM Total Suspended Solids (TSS), 40
PPM Total Nitrogen (TN), 7 PPM Total Phosphorus (TP), 100 PPM Fats, Oils, and
Grease (FOG). The Sewer Department shall assess a surcharge rate for all non-
12
residential customers (including but not limited to Districts, commercial, and
industrial) -discharging concentrations of BOD, TSS, TN, TP, and FOG greater
than the _ entia_normal domestic strength in accordance with the City
Ordinance and Rate Schedule.
Rule XVIII Private Mains
1. The City shall have no obligation to maintain, test, repair or replace private mains,
and the City shall not be liable or responsible for any damage caused by sewer
leaking from a private main.
2. All customers served by a private main are jointly and severally liable and
responsible for maintaining, testing, and repairing. All customers served by a
private main are advised to replace such line with a properly designed and
installed main.
3. If in the judgment of the Sewer Department a private main has become hazardous,
or could damage or cause harmful effects to the sewer system, to customers, or to
neighboring property owners or residents, the Sewer Department shall give
reasonable notice of the problem and the needed maintenance, testing, repair or
replacement. The Sewer Department shall allow a reasonable time for such work,
based on the severity of the condition giving rise to such notice. If the Sewer
Department determines that it is not feasible or practical to remediate the private
main, the Sewer Department shall give reasonable notice to such customers of the
need to install a new main, or connect to an existing main, in the discretion of the
Sewer Department. The Sewer Department shall allow a reasonable time for such
work, based on the severity of the condition giving rise to such notice. The Sewer
Department may, in their discretion, grant extensions of time. If any customer
fails or refuses to conduct the needed maintenance, testing, repair or replacement,
or fails or refuses to install a new main or connect to an existing main, it shall be
sufficient cause for discontinuance of service.
Rule XIX Regulation Amendments
The City Council may adopt, establish or change policies which define and govern
the action of the Sewer Department personnel on specific and special conditions.
The said policy shall not be in conflict with any of the Rules and Regulations
contained herein. The decision of the City Council to adopt, establish or change
such policies shall be made by a motion duly adopted and approved and filed with
the City Clerk.
13
CITY OF KALISPELL EXHIBIT "A"
KALISPELL, MONTANA
UTILITY SCHEDULE FOR SEWER
EFFECTIVE y4—,2016June 01, 2020
PAGE NO. 1
SCHEDULE A
RESIDENTIAL AND COMMERCIAL SERVICE
Available for: User premises located within the City Limits
Fixed charge per meter
per month FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27
Chi $8.44 $12.61 $13.43 $14.30 $15.23 $16.22 $16.71 $17.21
Rate: per thousand gallons/no minimum*
All consumption $4.78 $7.14 $7.60 $8.09 $8.62 $9.18 $9.46 $9.74
*Water billed per Sprinkling rate or separately metered for Sprinkling not subject
to Sewer fee.
MULTIPLE USERS
Number of units will not be a factor in the rate formula.
Special Terms and Conditions
Out of City rate 1.25 times the in -City rate.
CITY OF KALISPELL EXHIBIT "A"
KALISPELL, MONTANA
UTILITY SCHEDULE FOR SEWER
EFFECTIVE y4—,2016June 01, 2020
PAGE NO. 2
SCHEDULE B
RESIDENTIAL AND COMMERCIAL
Available for: Users of the system NOT SERVED by the City Water Utility but within the City
limits of Kalispell
Rate: Premises discharging sewage into the system from water service originating
from other than metered City Water must install a meter, at user's expense, so as to
provide a measure of usage.
This provision covers all outside sources of water including wells and outside water
systems.
The charge for sewer services: same as Schedule A
In the case of temporary absence of metering, usage will be estimated.
At the date of the adopting of this Schedule there are wells supplying commercial
and industrial premises, these are required to be metered. Until this metering is
accomplished, the sewer discharge from those premises will be determined from
the capacity of the pump delivering the water and hours of operation of the pump.
In the case of restaurants and bars, etc., served in the same manner, sewer volume
may be determined by comparison with a like situation now metered.
MULTIPLE USERS
Number of units will not be a factor in the rate formula.
Special Terms and Conditions
1. Out of City Rate 1.25 times the in -City rate.
CITY OF KALISPELL EXHIBIT "A"
KALISPELL, MONTANA
UTILITY SCHEDULE FOR SEWER
EFFECTIVE y4—,2016June 01, 2020
SCHEDULE C
PAGE NO. 3
Where it has been determined that the analyte concentration of TP (Total Phosphorus), TN (Total
Nitrogen),BOD (mil io-Chemical Oxygen Demand) and TSS (Total Suspended Solids)
are present in sewage discharged by a District, Commercial,. or Industrial User, a surcharge
will be made as determined herein:
The Utility will consider the normal domestic strength waste a-'Ve -age Residential component of
sewage to be 7 PPM TP, 40 PPM TN, 250 PPM BOD and 250 PPM TSS. Surcharges will be
Strength Surcharge Costs — Over Limit > than (m&L) of:
FY20
FY21
FY22
FY23
FY24
FY25
FY26
FY27
Bio-Chemical Oxygen Demand
($/Lbs) > 250
$0.24
$0.16
$0.17
$0.18
$0.19
$0.20
$0.21
$0.22
Suspended Solids ($/Lbs) > 250
$0.22
$0.71
$0.75
$0.80
$0.85
$0.91
$0.94
$0.97
Phosphorus ($/Lbs) > 7
$0
$6.10
$6.49
$6.91
$7.36
$7.84
$8.08
$8.32
Nitrogen ($/Lbs) > 40
$0
$1.25
$1.33
$1.42
$1.51
$1.61
$1.66
$1.71
assessed to all users discharging
at
ee t-atteas
whie
concentrations, which exceed the
component of r� '�rwaste as indicated above
Surcharge costs will be calculated based on the analvte strength (PPM) and wastewater rate of
flow. Flow used in the surcharge calculation shall be the total monthly flow. If an effluent flow
meter is not used or is not operational, the monthly water usage taken during the City's water
meter reading will be used to determine flow. The total surcharge cost will be the summation of
each of the analytes surcharge costs and lab analytical costs for a monthly billing period.
If the concentration of these pollutants is less than that of normal domestic strength waste, the
User shall not receive a surcharge nor receive a credit.
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR SEWER
Sbecial Terms and Conditions
Out of City rate 1.25 times the in -City rate.
EXHIBIT "A"
EFFECTIVE y 4 2816June 01, 2020
PAGE NO. 4