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HomeMy WebLinkAbout776 Building & P&Z DepartmentsNov 0 3 1997 CID 00 4ERIDIA N ORDINANCE NO. 776 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 5 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN TO ADD A NEW CHAPTER 4 TO BE KNOWN AS BUILDING AND PLANNING & ZONING DEPARTMENTS' JOINT OPERATION; PROVIDING THAT REVENUE & FUNDING AND THE EXPENSE OF THE BUILDING DEPARTMENT AND THE PLANNING AND ZONING DEPARTMENT SHALL BE COMBINED, SUCH THAT BOTH DEPARTMENTS ARE FUNDED BY THE SAME APPROPRIATION AND THE EXPENSES OF BOTH DEPARTMENTS ARE PAID FROM THE SAME BUDGET AND FUNDS; PROVIDING THAT THERE SHALL BE AN OPERATING FUND FOR BOTH DEPARTMENTS WITH A RESERVE FUND ESTABLISHED TO ENABLE FUNDING OF THE TWO DEPARTMENTS IN THE EVENT THAT THE CITY DOES NOT HAVE SUFFICIENT TAX REVENUES TO SUPPORT AND FUND BOTH DEPARTMENTS; PROVIDING THAT IF THERE ARE MORE REVENUES THAN THE EXPENSES FOR OPERATING THE DEPARTMENTS, ACCOUNTS MAY BE ESTABLISHED FOR CAPITAL IMPROVEMENTS AND FUNDS REMAINING AFTER THE PAYMENTS OF ALL NECESSARY EXPENSES OF THOSE TWO DEPARTMENTS MAY BE TRANSFERRED TO THOSE CAPITAL IMPROVEMENT ACCOUNTS CREATED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian, Ada County, Idaho (the "City") is a municipal corporation of the State of Idaho and is authorized by Chapters 2, 3, and 10, of Title 50, Idaho Code, to adopt ordinances to provide for the funding of City Departments, set budgets, and provide for the expenses of the various departments of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title V is hereby amended to add and enact a new Chapter 4, which shall read as follows: BUILDING & PLANNING AND ZONING DEPARTMENT Page - 1 A. SHORT TITLE: This Chapter shall be known and cited as the JOINT BUILDING AND PLANNING AND ZONING DEPARTMENT AND FUND. B. AUTHORITY AND PURPOSE: The purpose of this Chapter is to set forth, transfer, and combine, the BUILDING DEPARTMENT and the PLANNING AND ZONING DEPARTMENT for financial purposes. However, those Departments shall operate independently for all other purposes. The authority for the City to place two Departments of the City and to establish a budget for both Departments comes from Section 50-301, Idaho Code, which states, in part as follows: "Cities governed by this act shall be bodies corporate and politic; . and exercise all powers and perform all functions of local self- government in city affairs as are not specifically prohibited by or in conflict with the general laws or the constitution of the state of Idaho."; and Section 50-1002, Idaho Code, which states, in part, as follows: "The city council of each city shall, prior to passing the annual appropriation ordinance, prepare a budget, estimating the probable amount of money necessary for all purposes for which an appropriation is to be made, including interest and principal due on the bonded debt and sinking fund, itemizing and classifying the proposed expenditures by department, fund or service, as nearly as may be practicable, and specifying any fund balances accumulated under section 50-1005A, Idaho Code."; and Section 50-1005A, Idaho Code, which states, in part as follows: BUILDING & PLANNING AND ZONING DEPARTMENT Page - 2 "Cities may accumulate fund balances at the end of a fiscal year and carry over such fund balances into the ensuing fiscal year sufficient to achieve or maintain city operations on a cash basis. A fund balance is the excess of the assets of a fund over its liabilities and reserves." C. That within the setup and government of the City of Meridian there are two separate Departments which serve two different City services. One Department, the Planning and Zoning Department, handles all annexation, zoning, and use of land issues. That Department charges fees for the provision of its services. The other Department is the Building Department and it handles the issuance of building and other permits for the construction of buildings and other similar matters. The Department, as do building departments for most other cities and counties, charges fees for the provision of its services. These Departments are funded by, and the expenses of these Departments are paid by and with, property tax revenues and revenues produced by the Departments, and paid for by applicants who require and use the services of the two Departments. D. The funding appropriation and budget for the two Departments shall be known as the JOINT BUILDING AND PLANNING AND ZONING DEPARTMENT AND FUND, which shall have three sub -funds known as the Operating Fund, Reserve Fund, and the Capital Improvement Fund. BUILDING & PLANNING AND ZONING DEPARTMENT Page - 3 1. OPERATING FUND: The Operating Fund shall be an amount of money that should be sufficient to pay for all operating costs and expenses of the JOINT PLANNING AND ZONING & BUILDING DEPARTMENT and such amount shall be annually budgeted for that Department, both the Planning and Zoning and Building Departments, to operate for the fiscal year. 2. RESERVE FUND: This Reserve Fund shall be based on carry over of funds as allowed by 50- 1005A, Idaho Code, be annually budgeted and funded by the City Council to a minimum of four months operating costs based on the average of the monthly operating costs of the prior three years. This shall be used to aid in transitions in the down- sizing or up -sizing of the BUILDING AND THE PLANNING AND ZONING DEPARTMENT as needed to react to rapidly changing economic times. 3. CAPITAL IMPROVEMENT FUND: The City Council shall at the budget year end after meeting the needs of the OPERATING FUND and RESERVE FUND declare any funds left over to be surplus funds. Surplus funds shall then be transferred to the CAPITAL IMPROVEMENT FUND. Capital improvements shall be defined as BUILDING & PLANNING AND ZONING DEPARTMENT Page - 4 improvements with a useful economic life of ten years or more by new construction or other action which increases the service capacity of a public entity. The capital improvements eligible shall be on the capital improvement plan or declared a capital improvement by the City Council. The City Council shall establish a separate fund for each capital improvement and the City Council, at its discretion, shall deposit monies to such funds. At such time any fund shall have reached its destined level the City Council may appropriate said monies to build or purchase the item for which the fund was created. The City Treasurer shall include in the monthly Treasurer's report the fund balance for each fund including accrued interest. This report shall be due the first City Council meeting of each month. SECTION 2: This Chapter is promulgated under the authority of the Idaho Constitution, Article 12, Section 2, and Idaho Code, Sections 50-201 and 50-302. SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its Passage, approval and publication according to law. BUILDING & PLANNING AND ZONING DEPARTMENT Page - 5 A PASSED AND APPROVED this 5—day of CITY OF MERIDIAN RT D. CORRIE - MAYOR ATTEST: OF WILLIAM G. BERG, JR CI CLERK 11/03/97-Final - s __ SEAL - llllllli!!t t911111N'\\ BUILDING & PLANNING AND ZONING DEPARTMENT Page - 6 1997. 127 ORDINANCE NO. 776 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 5 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN TO ADD A NEW CHAPTER 4 TO BE KNOWN AS BUILDING AND PLANNING & ZONING DEPARTMENT, JOINT OPERATION; PROVIDING -THAT REVENUE & FUNDING AND THE EXPENSE OF THE BUILDING DEPARTMENT AND THE PLANNING & ZONING DEPARTMENT SHALL BE COMBINED, SUCH THAT BOTH DEPARTMENTS ARE FUNDED BY THE SAME APPROPRIATION AND THE EXPENSES OF BOTH DEPARTMENTS ARE PAID FROM THE SAME BUDGET AND FUNDS;. PROVIDING THAT THERE SHALL BE ESTABLISHED TO ENABLE FUNDING OF THE TWO DEPARTMENTS IN THE EVENT THAT THE CITY DOES NOT HAVE SUFFICIENT TAX REVENUES TO SUPPORT AND FUND BOTH DEPARTMENTS; PROVIDING THAT IF THERE ARE MORE REVENUES TO SUPPORT AND FUND BOTH DEPARTMENTS; PROVIDING THAT IF THERE ARE MORE REVENUES THAN THE EXPENSES FOR OPERATING THE DEPARTMENTS, ACCOUNTS MAY BE ESTABLISHED FOR CAPITAL IMPROVEMENTS AND FUNDS REMAINING AFTER THE PAYMENTS OF ALL NECESSARY EXPENSES OF .THOSE TWO DEPARTMENTS MAY BE TRANSFERRED TO THOSE CAPITAL IMPROVEMENT ACCOUNTS CREATED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian, Ada County, Idaho (the "City") is a municipal corporation of the State of Idaho and is authorized by Chapters 2, 3, and 10 of Title 50, Idaho Code, to adopt ordinances to provide for the funding of City Departments, set budgets, and provide for the expenses of the various departments of the. City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY-COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title V is hereby amended to add and enact a new Chapter 4, which shaii read as follows: A. SHORT FILE: This Chapter shall be known and cited as the JOINT BUILDING AND PLANNING AND ZONING DEPARTMENT AND .FUND. B. AUTHORITY AND PURPOSE: The purpose of this Chapter is to set forth, transfer, and combine the BUILDING DEPARTMENT and the PLANNING AND ZONING DEPARTMENT for financial purposes. However, those Departments shall operate independently for all other purposes. The authority for the City to place two Departments of the City and to establish a budget for both departments comes from Section 50-301, Idaho Code, which states, in part as follows: "Cities governed by this act shall be bodies corporate and politic;... and exercise all powers and pertorm all functions of local self-government in city affairs as are not specifically prohibited by or in conflict with the general laws or the constitution of the State of Idaho."; 12~ and Section 50-1002, Idaho Code, which states, in part, as follows: 'The City Council of each city shall, prior to passing the annual appropriation ordinance, prepare a budget, estimating the probably amount of money necessary for all purposes for which an appropriation is to be made, including interest and principal due on the. bonded debt and sinking fund, itemizing and classifying the proposed expenditures by department, fund or service, as nearly as may be practicable, and specifying any fund balances accumulated under section 50-1005A, Idaho Code."; and Section 50-1005A, Idaho Code, which states, in part as follows: "Cities may accumulate fund balances at the end of a fiscal year and carry over such fund balances into the ensuing fiscal year sufficient to achieve or maintain city operations on a cash basis. A fund balance is the excess of the assets of a fund over its liabilities and reserves." G. That within the setup of government of the City of Meridian there are two separate Departments which serve two different City services. One Department, the Planning and Zoning Department, handles all annexation, zoning, and use of land issues. That Department charges fees for the provision of its services. The other Department is the Building Department and it handles the issuance of building and other permits for the construction of buildings and other similar matters. The Department, as do building departments for most other cities and counties, charges fees for the provision of its services. These Departments are funded by and the expenses of these Departments are paid by and with, property tax revenues and revenues produced by the Departments, and paid for by applicants who require and use the services of the two Departments. D. The funding appropriation and budget for the two Departments shall be known as the JOINT BUILDING AND PLANNING AND ZONING DEPARTMENT AND FUND, which shall have three sub-funds known as the Operating Fund, Reserve Fund and the Capital Improvement Fund. 1. OPERATING FUND: The Operating Fund sha11 be an amount of money that should be sufficient to pay for all operating costs and expenses of the JOINT PLANNING AND ZONING & BUILDING DEPARTMENT and such amount shall be annually budgeted for that Department, both the Planning BUILDING ~ PLANNING AND ZONING DEPARTMENT PAGE 2 and Zoning and Building Departments, to operate for the fiscal year. 129 2. RESERVE FUND: This Reserve Fund shall be based on carry over of funds allowed by 50-1005A, Idaho Code, be annually budgeted and funded by the City Council to a minimum of four months operating costs based on the average of the monthly operating costs based of the prior three years. This shall be used to aid in transitions in the down-sizing or up-sizing of the BUILDING AND THE PLANNING AND ZONING DEPARTMENT as needed to react to rapidly changing economic times. 3. CAPITAL IMPROVEMENT FUND: The City Council shall at the budget year end after meeting the needs of the OPERATING FUND and RESERVE FUND declare any funds left over to be surplus funds. Surplus funds shall then be transferred to the CAPITAL IMPROVEMENT FUND. Capital improvements shall be defined as improvements with a useful economic life of ten years or more by new construction or other action which increases the service capacity of a public entity. The capital improvements eligible shall be on the capital improvement plan or declared a capital improvement by the City Council. The City Council shall establish a separate fund for each capital improvement and the City Council, at its discretion, shall deposit monies to such funds. At such time any fund shall have reached its destined level the City Council may appropriate said monies to build or purchase the item for which the fund was created. The City Treasurer shall include in the monthly Treasurer's report the fund balance for each fund including accrued interest. This report shall be due to the first City Council meeting of each month. SECTION 2: This Chapter is promulgated under the authority of the Idaho Constitution, Article 12, Section 2, and Idaho Code Section 50-201 and 50-302. SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 5th day of November, 1997. BUILDING ~ PLANNING AND ZONING DEPARTMENT PAGE 3 CITY OF MERIDIAN lad CITY OF MERIDIAN ERT D. CORRIE, MAYOR ATTEST: `-,-`--~tt1i-ltltlf~~f , ~.. ~ ~~ ~~ r LLIAM G. BERG, JR., I CLERK ~ SEAj~ ~ z ~ ~, '',`',f'~ffflffl N------~```,`~~ ~ ~ ~~ 1ft1 H