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16-1707 PW Repealing and Replacing Meridian City Code Regarding Connection to City Water SystemCITY OF MERIDIAN ORDINANCE NO. 16 - 170 7 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 9-1-16, REGARDING CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS; REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 9-4- 26(A), REGARDING CONNECTION TO CITY SEWER SYSTEM OUTSIDE CITY LIMITS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code sections 9-1-16 and 9-4-26(A), related to connection of properties outside of city limits to the City of Meridian water and sewer system, reference a formal application process, but in practice, a written request would be adequate to convey the property owner's interest; and WHEREAS, the City Council for the City of Meridian finds the following amendment to Meridian City Code to be in the best interest of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 9-1-16 shall be repealed, and replaced with language to read as follows: 9-1-16: CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS: In order to obtain municipal water system service to a property which is either partially or entirely outside of the corporate city limits, the following process shall apply. A. The owner of such property shall submit to the Public Works Department a written request to connect to the City water system. The written request shall include the name and address of the legal owner(s) of the property to be connected, a legal description of the property, and the circumstances necessitating the requested service. B. The Public Works Director or designee shall review the circumstances presented by the request and prepare written findings and a recommendation regarding whether to allow the proposed connection. The Public Works Director or designee shall review the findings and recommendations with the requestor for comment. The Public Works Director shall then submit the property owner's request and comments, and the Department's written recommendation, to City Council. C. City Council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City Council grants the request, the property owner shall enter CONNECTION TO CITY WATER & SEWER OUTSIDE CITY LIMITS PAGE into an agreement with the City of Meridian for the extension of domestic water service outside the city limits, in which the owner shall agree: 1. To comply with the City's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic water system; 2. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City water system; 3. To annexation into the City of the parcel(s) connected to the City water system, either immediately or when contiguous to city limits; and 4. Other reasonable conditions of granting the request to connect to the City water system. Section 3. That Meridian City Code section 9-4-26(A) shall be repealed, and replaced with language to read as follows: A. Connection To City Sewer System Outside City Limits: In order to obtain municipal sewer system service to a property which is either partially or entirely outside of the corporate city limits, the following process shall apply. 1. The owner of such property shall submit to the Public Works Department a written request to connect to the City sewer system. The written request shall include the name and address of the legal owner(s) of the property to be connected, a legal description of the property, and the circumstances necessitating the requested service. 2. The Public Works Director or designee shall review the circumstances presented by the request and prepare written findings and a recommendation regarding whether to allow the proposed connection. The Public Works Director or designee shall review the findings and recommendations with the requestor for comment. The Public Works Director shall then submit the property owner's request and comments, and the Department's written recommendation, to City Council. 3. City Council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City Council grants the request, the property owner shall enter into an agreement with the City of Meridian for the extension of domestic sewer service outside the city limits, in which the owner shall agree: a. To comply with the City's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic sewer system; b. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City sewer system; c. To annexation into the City of the parcel(s) connected to the City sewer system, either immediately or when contiguous to city limits; and CONNECTION TO CITY WATER & SEWER OUTSIDE CITY LIMITS PAGE d. Other reasonable conditions of granting the request to connect to the City sewer system. Section 4. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 5. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this rl�" day of 5?f t?^ / , 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this e0 day of 6e.,- , 2016. CONNECTION TO CITY WATER & SEWER OUTSIDE CITY LIMITS PAGE NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16- 1 �0-�'- AN ORDINANCE REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 9-1-16, REGARDING CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS; REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 9-4- 26(A), REGARDING CONNECTION TO CITY SEWER SYSTEM OUTSIDE CITY LIMITS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. �tqa--kt) City of Meridian Mayor and City Council By: City Clerk First Reading: 9-d0-1 (10 Adopted after first reading by suspension of the Rule as allowed Idaho Code § 50-902: YES_ NO Second Reading: — Third Reading: 1,D AUt:trsh 0 City of E IDIZ IAN; SEAL ��r�k °r7hr THE STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 16- c �o :1— The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 16-�_�of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2016. William. L.M. Nary City Attorney CONNECTION TO CITY WATER & SEWER OUTSIDE CITY LIMITS PAGE