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HomeMy WebLinkAbout852 Water Service ConnectionCITY OF MERIDIAN ORDINANCE NO. ~.~-- AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 16, CHAPTER 1 OF TITLE 9, MERIDIAN CITY CODE, AND AMENDING CHAPTER I OF TITLE 9 AND THE ADDITION THERETO OF A NEW SECTION 16 TO PROVIDE FOR THE EXTENSION AND CONNECTION OF WATER SERVICE OUTSIDE THE CITY LIMITS, AND REPEALING SUBSECTION A, SECTION 26, CHAPTER 4 OF TITLE 9, MERIDIAN CITY CODE AND AMENDING SECTION 26, CHAPTER 4, TITLE 9 MERIDIAN CITY CODE BY THE ADDITION THERETO OF A NEW SUBSECTION A TO PROVIDE FOR THE EXTENSION AND CONNECTION OF SEWER SERVICE OUTSIDE THE CITY LIMITS, AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY; IDAHO: SECTION i: That Section 16 of Chapter 1 of Title 9, Meridian City Code, be and the same is hereby repealed. SECTION 2: That Chapter 1 of Title 9, Meridian City Code, is hereby amended by the addition thereto of a new Section 16 to read as follows: 9-1-16: Connection to the City Water System Outside of the City Limits: In order to obtain Municipal Water System service to parcel/s which are either partially or entirely outside of the corporate City limits the following provisions must be complied with: There shall be an application form which shall provide that the applicant will agree to the terms and conditions required by this section as a consideration for obtaining such service. The City Council shall establish an application fee which fee shall be based upon various classes of applications as recommended by the Public Works Director given the amount of staff review required for processing the application. The application form shall specify the legal description of the parcel/s for which service is being applied, the name and address of the legal owner/s of the parcel/s and purpose of the requested service. A completed application must be filed with the Public Works Department. ORDINANCE- 1 Following the filing of a completed application form and the payment of the application fee the Public Works Director shall then review the circumstances presented by the application in accordance with the terms and conditions and regulations of this Chapter as are relevant to the application and which shall also include a review of the effect the granting of the application will have on the ability of the Municipal Water System to provide an acceptable level of service to developed parcels with existing service xvithin the City limits which shall not be compromised. The Public Works Director shall then review the findings and recommendations with the applicant for comment. The Public Works Director shall then submit the application and a report of recommendation/s to the City Council regarding the application. The City Council, in the exercise of its discretion may either grant or deny the application after review of the application and the report of recommendations of the Public Works Director. In the event the Council grants the application it shall include as a condition that the legal owner/s of the parcel/s shall enter into an "Agreement for the Extension of Domestic Water Service Outside the City Limits" [hereinafter in this section referred to as the "Agreement"] which agreement form shall provide that the legal owner/s of the parcel/s agree that the provisions of the City's ordinances, regulations, and policies, and inspection fees, which appertain to the regulation, control and use of its domestic water system including hook up, service fees as apply terms of the "Agreement" and which form shall also provide that the owner/s of the parcel/s agree to the annexation into the City of the parcel/s serviced; and the Council may also impose such other conditions of granting the application as are reasonable to assure the protection of the level of service to developed parcels within the City limits and to assure that the proprietary funds of the City domestic water service are not used for the extension and or enlargement of the system which conditions shall also be included in the "Agreement". The water user of the parcel/s serviced pursuant to a granted application under this section shall be considered a user and subject to the terms and conditions of the "Agreement" so long as the ORDINANCE - 2 property being served remains outside of the corporate limits of the City. SECTION 3: That Subsection A of Section 26 of Chapter 4 of Title 9, Meridian City Code, be and the same is hereby repealed. SECTION 4: That Section 26 of Chapter 4 of Title 9, Meridian City Code, is hereby amended by the addition thereto of a new Subsection 26 A to read as follows: 9-4-26A: Connection to the City Sewer System Outside of the City Limits. In order to obtain Municipal Sewer System service to parcel/s which are either partially or entirely outside of the corporate City limits the following provisions must be complied with: There shall be an application fom~ which shall provide that the applicant will agree to the terms and conditions required by this section as a consideration for obtaining such service. The City Council shall establish an application fee which fee shall be based upon various classes of applications as recommended by the Public WorLs Director given the amount of staff revierv required for the processing the application. The application form shall specify the legal description of the parcel/s for which service is being applied, the name and address of the legal owner/s of the parceI/s and purpose of the requested service. A completed application must be filed with the Public Works Department. Following the filing of a completed application form and the payment of the application fee the Public Works Director shall then review the circumstances presented by the application in accordance with the terms and conditions and regulations of this Chapter as are relevant to the application and which shall also include a review of the effect the granting of the application will have on the ability of the Municipal Sewer System to provide an acceptable level of service to developed parcels with existing service within the City limits which shall not be compromised. The Public Works Director shall then review the findings and recommendations with the applicant for comment. E. The Public Works Director shall then submit the application and a ORDINANCE - 3 report of recommendation/s to the City Council regarding the application. The City Council, in the exercise of its discretion may either grant or deny the application after review of the application and the report of recommendation/s of the Public Works Director. In the event the Council grants the application it shall include as a condition that the legal owner/s of the parcel/s shall enter into an "Agreement for the Extension of Domestic Sewer Service Outside the City Limits" [hereinafter in this section referred to as the "Agreement"] which agreement form shall provide that the legal owner/s of the parcel/s agree that the provisions of the City's ordinances, regulations and policies which appertain to the regulation, control and use of its domestic sewer system including hook up, service fees, and inspection fees, apply as terms of the "Agreement" and which form shall also provide that the owner/s of the parcel/s agree to the annexation into the City of the parcel/s serviced; and the Council may also impose such other conditions of granting the application as are reasonable to assure the protection of the level of service to developed parcels within the City limits and to assure that the proprietary funds of the City domestic sewer service are not used for the extension and/or enlargement of the system which conditions shall also be included in the "Agreement". The sewer user of the parcel/s serviced pursuant to a granted application under this section shall be considered a user and subject to the terms and conditions of the "Agreement" so long as the property being served remains outside of the corporate limits of the City. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. ORDINANCE - 4 SECTION 7: DATE OF EFFECT: This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. PA~SED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this of ~/IjP(gt'n,~, 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of .&C~/~ ~.-, 1999. '7-/~ day ~fiy~)r- R4be~t D.'Corrie ATTEST: ~ '~,~ O~ ~'" City Clerk ~ ~ ~ ~ ORDINANCE - 5