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19-1842 City Water System Outside City LimitsORDINANCE UPDATING PROCESS FOR CONNECTION OF WATER AND SEWER SERVICES OUTSIDE CITY LIMITS PAGE 1 OF 5 CITY OF MERIDIAN ORDINANCE NO. 19-1842 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 9-1-16, REGARDING CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS; AMENDING MERIDIAN CITY CODE SECTION 9-4-26, REGARDING CONNECTION TO CITY SEWER SYSTEM OUTSIDE CITY LIMITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, while connection of properties outside City limits to the City water and sewer system is sometimes requested due to circumstances that are emergent, unforeseen, and/or beyond the control of the property owner, connection is sometimes requested on the grounds that a property outside City limits wishes to change the use of the property to one which requires water and sewer capacity that cannot be met by available septic and well infrastructure, but can only be met by municipal services; and WHEREAS, the former circumstances present exigent public health concerns and it is in the best interest of the public health, safety, and welfare to provide City water and sewer services, which need can best be met by the Public Works Department; and WHEREAS, the latter circumstances do not present public health concerns, but describe the voluntary development of a property that will likely be annexed into the City in the future, in which event the concerns presented include whether the proposed new use is consistent with the City’s comprehensive planning, land use, and specific use standards, which analysis can best be completed by the Planning Division of the Community Development Department; and WHEREAS, for these reasons, the City Council of the City of Meridian seeks by this ordinance to establish a separate process for connecting City water and sewer services to properties depending on whether the connection outside City limits will meet an emergency need, or facilitate a voluntary change of use of the property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 8-1-1 shall be amended by the addition of language 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, one of the following processes shall apply: A. Where the request to connect to the City water system is due to exigent circumstances, and no change of use of the property is requested: 1. 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 Meridian City Council Meeting Agenda August 20, 2019 – Page 86 of 96 ORDINANCE UPDATING PROCESS FOR CONNECTION OF WATER AND SEWER SERVICES OUTSIDE CITY LIMITS PAGE 2 OF 5 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.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. C.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 water service outside the City limits, in which the owner shall agree: 1. a. To comply with the City’s ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic water system; 2. b. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City water system; 3. c. 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. d. Other reasonable conditions of granting the request to connect to the City water system. B. Where the request to connect to the City water system is due to a proposed change of use of the property, or due to a proposed expansion or intensification of the current use of the property: 1. 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 proposed new, expanded, or intensified use necessitating the requested service. 2. The Public Works Director or designee shall convene City staff representing the Community Development Department, Fire Department, Police Department, and Parks and Recreation Department to review the circumstances presented by the request. City staff may request additional information or documentation such as that typically required for development or annexation, and may establish conditions of connecting to the City water system. The Public Works Director or designee shall submit to City Council the property owner’s request, staff’s written findings and recommendations regarding whether to allow the proposed connection, and recommended conditions of connection. 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 water 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 water system; b. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City water system; c. To apply for annexation into the City of Meridian of the parcel(s) connected to the City water system, either within thirty (30) days of connection to the City water system, if the property is eligible for annexation upon connection, or within thirty (30) days of the property becoming eligible for annexation; d. That the City may terminate water service to the property if the property owner does not timely apply for annexation as set forth in this section; and Meridian City Council Meeting Agenda August 20, 2019 – Page 87 of 96 ORDINANCE UPDATING PROCESS FOR CONNECTION OF WATER AND SEWER SERVICES OUTSIDE CITY LIMITS PAGE 3 OF 5 e. Other conditions of granting the request to connect to the City water system. Section 2. That Meridian City Code section 9-4-26 shall be amended as follows. 9-4-26: CONNECTION TO CITY SEWER SYSTEM OUTSIDE CITY LIMITS; SPECIAL CHARGES; SEWER INSPECTIONS FEE; SEPTIC TANK WASTE DUMPING FEE: 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, one of the following process shall apply: 1. Where the request to connect to the City sewer system is due to exigent circumstances, and no change of use of the property is requested: a. 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. 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. 3. 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 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. 1. To comply with the City's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic sewer system; b. 2. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City sewer system; c. 3. To annexation into the City of the parcel(s) connected to the City sewer system, either immediately or when contiguous to City limits; and d. 4. Other reasonable conditions of granting the request to connect to the City sewer system. 2. Where the request to connect to the City sewer system is due to a proposed change of use of the property, or due to a proposed expansion or intensification of the current use of the property: a. 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 proposed new, expanded, or intensified use necessitating the requested service. b. The public works director or designee shall convene City staff representing the Community Development Department, Fire Department, Police Department, and Parks and Recreation Department to review the circumstances presented by the request. City Meridian City Council Meeting Agenda August 20, 2019 – Page 88 of 96 staff may request additional information or documentation such as that typically required for development or annexation, and may establish conditions of connecting to the City sewer system. The public works director or designee shall submit to City council the property owner's request, staff's written findings and recommendations re ag rding whether to allow the proposed connection, and recommended conditions of connection. 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 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. 1. To comply with the City's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic sewersystem, 2. To pay all hookup, assessment, and service fees as apply to the connection to and use of the City sewers stem; 3. To apply for annexation into the City of Meridian of the parcel(s) connected to the City sewer system, either within thirty(30) days of connection to the City sewer system, if the propg1ty is eligible for annexation upon connection, or within thirty (30) days of the property becoming eligible for annexation, 4. That the City may terminate sewer service to the property if the proppLty owner does not timely apply for annexation as set forth in this section; and 5. Other conditions ofrg antin the request to connect to the City sewers spm. B. Sewer Line And Facility Inspection Fee: A fee shall be established and charged for inspection of sanitary sewer lines and facilities installed by any entity other than the City of Meridian. The fee shall be approved by the City council. C. Septic Tank Waste Dumping Fee: A fee shall be established and charged for dumping septic waste into the City of Meridian wastewater treatment plant. The fee shall be approved by the City council. Section 3. That all City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 4. That this ordinance shall be effective upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of PT , 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this -L)+hof 2019. APPROVED: _t,��° Pu" r'•TEST: oIr z oo oQ Tan Weer , ayor �� ' " Chris Jobe,City L F OFhT�R or thein ORDINANCE UPDATING PROCESS FOR CONNECTION OF WATER AND SEWER SERVICES OUTSIDE CITY LIMITS PAGE 4 OF 5 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1842 An ordinance amending Meridian City Code section 9-1-16, regarding connection to City water system outside City limits; amending Meridian City Code section 9-4-26, regarding connection to City sewer system outside City 1' ' • and providing an effective date. �A AUGUST Oho '• 0( First Readin d Z© •) � Adopted after first reading by suspension of the rule as allowedp ursuant to Idaho Code City o Me ' an '.yam, , S -�`' § 50-902: YES__I,>' NO Mayor and ity Councilorme"y Second Reading: By: Chris Johnson, City Clerk Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1842 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. 19-1842 of the City of Meridian, Idaho, and has found the summary of same to be true and complete and to provide adequate notice to the public pursuant to Idaho Code § 50- 901A(3). DATED this 2.0t'� day of POJ2019. William L.M. Nary, City Attorn ORDINANCE UPDATING PROCESS FOR CONNECTION OF WATER AND SEWER SERVICES OUTSIDE CITY LIMITS PAGE 5 OF 5 351462 1937886 1 MERIDIAN, CITY OF 33 E. BROADWAY AVENUE MERIDIAN ID 83642 AFFIDAVIT OF PUBLICATION STATE OF IDAHO ) )SS. County of Ada ) Sharon Jessen of Nampa, Canyon County, Idaho, being first duly sworn, deposes and says: 1. That I am a citizen of the United States, and at all times hereinafter mentioned was over the age of eighteen years, and not a party to the above entitled action. 2. That I am the Principle Clerk of the Meridian Press, a weekly newspaper published in the City of Meridian, in the County of Ada, State of Idaho; that the said newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, and has been uninterruptedly published in said County during a period of seventy-eight consecutive weeks prior to the first publication of this notice, a copy of which is hereto attached. 3. That the notice, of which the annexed is a printed copy, was published in said newspaper 1 time(s) in the regular and entire issue of said paper, and was printed in the newspaper proper, and not in a supplement. That said notice was published the following: 08/30/2019 STATE OF IDAH County of Canyon On this 31st day of August in the year of 2019 before me a Notary Public, personally appeared. Sharon Jessen, known or identified to me to be the person whose name is subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledge to me that he/she executed the same. 1 Notary Public for Idaho Residing at Canyon County�����'�rr:���8� My Commission expires 03/28/2025 ���XX O TA '��� 'F"1����