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HomeMy WebLinkAboutOrder Granting ApplicationBEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ANTHONY MAHATY FOR CITY SEWER SERVICE OUTSIDE THE CITY LIMITS ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER SERVICE OUT- ) SIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § 9-4-26] The above entitled matter coming before the City Council on the l lei day of March, 2003, and Brad Watson for the Public Works Department, and on behalf of the Applicant, Richard Kartchner, having appeared and the Council being fully advised fmds and orders as follows: Anthony Mahaty is the owner of the following described real property: A portion of the Northwest Quarter of the Northeast Quarter of Section 14, Township 3 North, Range 1 West of the Boise Meridian more particularly described as follows: Commencing at the Northeast corner of the Northwest Quarter of Section 14, Township 3 North, Range 1 West of the Boise Meridian; thence South on the Quarter section line a distance of 284 feet to a point; thence at right angles West a distance of 180 feet to a point; thence North parallel to the Quarter section line a distance of 284 feet to a point on the North section lien; thence East a distance of 180 feet to the Place of Beginning. (The legal is more particularly described on the Surveyed Legal.) 2075 West Franklin Road, Meridian, Idaho, hereinafter referred to as "Subject Real Property". 2. "Subject Real Property" is outside of the City limits of the City of Meridian. Anthony Mahaty has made application for the providence of City sewer to the "Subject Real Property". 4. The Public Works Director has reviewed the circumstances presented by ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § 9-4-26] - PAGE 1 OF 5 the application. The Public Works Director has included the effect the granting of this application would have upon the ability of the Municipal Sewer System to provide an acceptable level of service to developed parcels with existing service within the City limits, of which, there is no evidence there will be any compromise of that service by the granting of this application. 5. The Applicant has agreed to all of the required conditions of the provisions of the service as required in Meridian City Code § 9-4-26. 6. Upon recommendation of the Public Works Director, and consent of the Applicant, it is found that it is reasonable to include as additional conditions of granting this order that the Applicant make immediate application for annexation and zoning of the "Subject Real Property". Also, as a condition of the continued providence of City sewer service, the ApplicanUowner of the "Subject Real Propert}~' shall take no steps to impede the annexation process. Additionally, the Applicant understands that the "Cit}~' agrees to allow a connection to the "Sewer System" to service the "Real Property" subject to the terms and conditions of the Agreement, which is conditioned upon the future Black Cat Sewer Trunk line completion. Until such time as gravity sewer service is available to the Black Cat Sewer Trunk line for the "Sewer User" to connect its sewer service to, the "Sewer User" shall be responsible at its own expense to pay for temporarily pumping their sewage from the property to a sewer line about 400 feet from the "Sewer User" property. Plans prepared by an Idaho Registered Engineer shall be approved by the Public Works Department. When the future gravity sewer to the Black Cat Sewer Think line is available, then the temporary sewage pump shall be disconnected and the "Sewer User" shall then be required to connect to the sewer gravity flow to the Black Cat Trunk Line-and lateral. ORDER GRANTIlVG APPLICATION TO PROVIDE CITY SEWER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § 9-4-26] - PAGE 2 OF 5 The water connection shall be required when the water line has been installed in Franklin Road in front of the property. 7. Future Water Connection: Upon transfer of this property to any other person, or upon change in use of the real property, the owner, their successors or assigns, shall at their expense make connection to the City water system and pay all fees associated therewith. Failure to make the water connection will be grounds for discontinuance of City sewer service. DECISION AND ORDER Now, therefore, based upon the above and foregoing Order Granting Application to Provide City Sewer Service Outside the City Limits, the City Council has hereby Ordered and this does Order that the City sewer service be provided to the "Subject Real Property" subject to the following conditions: 1. Prior to Service, as provided for in § 9-4-26, the City may provide service from the Municipal sewer system to individual properties that are partially or entirely outside the corporate limits of the City. Each request for such service must be approved by the City Council and all regulations of these Chapters must be complied with by such special sewer users. The sewer user will be considered a special user as long as the property being served remains outside the corporate limits of the City. The special sewer user shall be charged an inspection fee, connection charge and a monthly user charge which shall be the same as a user within the City limits. 2. Prior to Service the Owner of the "Subject Real Property" make immediate ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § 9-4-26] - PAGE 3 OF 5 application for annexation and zoning of the "Subject Real Property", and as a condition of the continued providence of City sewer service that the Applicant/Owner of the "Subject Real Property" take no steps to impede the annexation process. Also, as a condition of the continued providence of City sewer service, the Applicant/owner of the "Subject Real Propert}>' shall take no steps to impede the annexation process. Additionally, the Applicant understands that the "City" agrees to allow a connection to the "Sewer System" to service the "Real Property" subject to the terms and conditions of the Agreement, which is conditioned upon the future Black Cat Sewer Trunk line completion. Until such time as gravity sewer service is available to the Black Cat Sewer Trunk line for the "Sewer User" to connect its sewer service to, the "Sewer User" shall be responsible at its own expense to pay for temporarily pumping their sewage from the property to a sewer line about 400 feet from the "Sewer User" property. Plans prepared by an Idaho Registered Engineer shall be approved by the Public Works Department. When the future gravity sewer to the Black Cat Sewer Trunk line is available, then the temporary sewage pump shall be disconnected and the "Sewer User" shall then be required to connect to the sewer gravity flow to the Black Cat Trunk Line and lateral. The water connection shall be required when the water line has been installed in Franklin Road in front of the property. 3. Future Water Connection: Upon transfer of this property to any other person, or upon change in use of the real property, the owner, their successors or assigns, shall at their expense make connection to the City water system and pay all fees associated therewith.. Failure to make the water connection will be grounds for discontinuance of City sewer service. ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § 9-4-26] - PAGE 4 OF 5 4. That the City Attorney prepare and submit to the City Clerk the Agreement for the Provision of Sewer Service Outside the City Limits ordered herein. 5. The Mayor is herein authorized to sign and the Clerk to attest the Agreement for the Provision of Sewer Service Outside the City Limits prepared as provided in part 3 of this Order without further action of the Council. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which maybe adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Dated this day of , 2003. Mayor Robert D. Corrie Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. ATTEST: By: City Clerk Z:1Work~LlN-feridianVvIeridian15360M1MahatyAnthony Sewer Hookup Agmt\Order(hantingHookup.doc ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS [MERIDIAN CITY CODE § 9-4-26] - PAGE 5 OF 5