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22-1989 City Code Amendment City Water System outside City Limits/Sewer Connectin outside city limits CITY OF MERIDIAN ORDINANCE NO. 22-1989 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 9-1-16 CONCERNING CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS; AMENDING MERIDIAN CITY CODE SECTION 9-4-26 CONCERNING CONNECTION TO CITY SEWER SYSTEM OUTSIDE CITY LIMITS; VOIDING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Meridian City Code section 9-1-16 sets forth a process to request city water service for property which is outside the city limits; and, WHEREAS, Meridian City Code section 9-4-26 sets forth a process to request city sewer service for property which is outside the city limits; and, WHEREAS, the City Council of the City of Meridian has determined that, as a matter of public policy, the City of Meridian shall not extend water service and/or sewer service to property which is outside the city limits unless there is a compelling health or safety concern; and, WHEREAS, the City Council of the City of Meridian finds that, in order to implement its policy decision, it is necessary to amend the processes set forth in Meridian City Code sections 9-1-16 and 9-4-26; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. Meridian City Code section 9-1-16 shall be amended as follows: 9-1-16. Connection to city water system outside city limits. The city shall not grant a request to provide city water system service to a property which is outside of the corporate city limits unless the requestor demonstrates a compelling health or safety reason to do so, in which case—,one-(O--e€ the following processes shall apply: A. NVhefe the r-equest to eenneet to the eity water-system is due to exigent eir-etimstanees, and no ehange of use of the pr-epei4y is r-eEjuested-. 4-.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 'usti Yjn the requested service. ORDINANCE CONCERNING WATER AND SEWER SERVICE OUTSIDE CITY LIMITS PAGE 1 2L.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 Ddepartment'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 ci1y4ee}estie water service outside the city limits, in which the owner shall agree_. e:l. To comply with the city's ordinances,regulations,policies, and fees pertaining to the regulation, control and use of its e-water system; 1}2. To pay all hookup,assessment, and service fees as apply to the connection to and use of the city water system; F3. To annexation into the city of the parcel(s) connected to the city water system, either immediately or when contiguous to city limits;-ate 4. There shall be no change of use or intensification of use of the property prior to annexation; and d 5. To comply with oOther reasonable conditions of granting the request to connect to the city water system. the pf!opefty, or due to a proposed expansion of!intensifieation of the eurfent Use Of the pr-epeft�- request to eomeet to 4ie eity water-system. The w-Fitten Fequest shall inelude the namee and address of the legal ew-ner-(s) of the pr-epefty to be eenneeted, a legal deser-iPtion Of the pr-eper-ty, and the proposed new, expanded, of intensified use neeessitating the 2. The P4he Works Dir-eeter-or-designee shall eefwene eity staff r-epfesetAifig Community Development Depaftment, Fire > Poliee Depaftment, and Pad stag may-request additional infefmation or-deeumefAatian sueh as that typieally r-equiFed for-developmeat or-annexation, and may establish eendifiens of eenneefifig to the eity water-system. The Publie Works Dir-eeter-or-designee shall submit to City Couneil th-e- to allow the proposed eenneetion, and meemmended eenditions of eennee 3. City > > r-eview of the materials. if City Couneil grants the fe"est, the pfepefty owner-shall e into an agreement with the eity for-the extension of demestie wa4er-serviee outside the eity limits, in whieh the owner-shall may either-grant or-deny the request aftef ORDINANCE CONCERNING WATER AND SEWER SERVICE OUTSIDE CITY LIMITS PAGE 2 ordinances,a. To eamply with the city's regulations, polieies, and fees per-taining to the,,lati,,, ntr-ol and, f its a,,mest;e water-system; hookup,b. To pay all assessment, and setwiee fees as apply to the eonneetion to and use of the eity water system-, e. To apply for-annexation into the eity of the paFeel(s) eenneeted to the city wateF system, either-within thiAy(30) days of eonneetion to the eity water-system, if the pr-epefty is eligible for-annexationupon eenneetion, or-within thirty(30) days of the pro.worty b.o...,,v ing eligible f ., .,ation; d. That the eity may tefmifiate water-sefviee to the property if the pr-opel4y owner-do .t timely apply f r annexation a of fafffi i this section; Section 2. Meridian City Code section 9-4-26 shall be amended as follows: 9-4-26. Connection to city sewer system outside city limits; sewer inspection fee; septic tank waste dumping fee. A. Connection to city sewer system outside city limits. The city shall not grant a request to provide citXla or-def to obtain ff*mieipal sewer system service to a property which is either-paf4ially or-ef#ir-ely outside of the corporate city limits unless the requestor demonstrates a compelling health or safety reason to do so,in which case—,e*e+0-e€the following process shall apply: ehange of use of the pr-epei4y is i:e"ested. a-.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 justifyingaeee&sitating 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. E3. 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 cue sewer service outside the city limits, in which the owner shall agree_.. MA. To comply with the city's ordinances,regulations,policies, and fees pertaining to the regulation, control and use of its nemestie sewer system; To pay all hookup, assessment, and service fees as apply to the connection to and use of the city sewer system; ORDINANCE CONCERNING WATER AND SEWER SERVICE OUTSIDE CITY LIMITS PAGE 3 (3)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 d. There shall be no change of use or intensification of use of the property prior to annexation; and (4}e. To comply with 9other reasonable conditions of granting the request to connect to the city sewer system. confleet to the-.4.7 —-" system. The written Fequest shall inelude the name and addFess of the legal owner-(s) of the pfopei4y to be connected, a legal desefiption of the pr-epefty, and the pr-opefty, or-due to a proposed expansion of intensification of the ouffent use of the pr-opefty. b. The Publie Wofks Difeetor-of designee shall eonvene eity staff representing the Co anne*atien, and may establish eenditions 4eenneeting to the eity sewer-system. The Publie Wer4s Dir-eetor-oF designee shall submit to City Genneil the pFepei4y owner's Fequest, staf-Ps written findings and Feeonunendations regarding whether-to allow the pfoposed id r-eeommended conditions of conneetion, e. City Gauneil, in the exer-eise of its diser-etion,may either-gr-ant E)r-dent,t4e request Aef r-eview E) the materials. if City Gotineil gfants the t:eqttest,the pr-opei4y awner-shall enter-into an ag+eemen4 with the eit-y for-the &Aension of domestie sewer-serviee autside the &y limits, in whieh the shall „�.., lati n ntr-el ,� , of demestie sewer- ,stem; 0 , (2) To pay all heeledp, assessment, a-ad serviee fees as apply to the eanneetion to and use of the eity sewer- stem; annexation;(3) TE) apply for-annexation into the eity of the par-eel(s) eanneeted to the Gity seweF system, either-within thir-�y(30) days of eenneetion to the eity sewer-system, if the pi:opefty is eligible fef annexation upen eenneetion, ot:within thii4y(30) days 04he pfapeAy (4) That the eity may tefminate sewer-sen,iee to the pr-epet4y if the pfopel4y owner-does not timely ply foF annexation sot f.-rl. i this seetion; ,,n ORDINANCE CONCERNING WATER AND SEWER SERVICE OUTSIDE CITY LIMITS PAGE 4 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 chargedfor dumping septic waste into the City of Meridian wastewater treatment plant. The fee shall be approved by the City Council. Section 3.That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 4.That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this ___thday of August, 2022. APPROVEDby the Council President of the Cityof Meridian, Idaho, this ___th day of August, 2022. APPROVED:ATTEST: ____________________________________________________________ By Brad Hoaglun, Council PresidentChris Johnson, City Clerk O RDINANCE C ONCERNING W ATER AND S EWER S ERVICE O UTSIDE C ITY L IMITS P AGE 5 i STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO . 224989 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 . 22- 1989 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 9 th day of August, 2022 . l � .J William L.M. Nary, City Attorney NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I. C. § 50-901 (A) CITY OF MERIDIAN ORDINANCE NO . 224989 An ordinance amending Meridian City Code section 9 - 146 concerning connection to city water system outside city limits ; amending Meridian City Code section 94-26 concerning connection to city sewer system outside city limits ; voiding conflicting ordinances and resolutions ; and providing an effective date . ORDINANCE CONCERNING WATER AND SEWER SERVICE OUTSIDE CITY LIMITS PAGE 6 ADVERTISING PROOF PRESS >�p MERIDIAN PRHss c/o ISj Payment Processing Center Local News Worth Holding mom. �'; Emmett PO Box 1570, BO1SEWEEKLY® Messenger Pocatello,ID 83204 /ndex Ph. (208)465-8129 Fax: (907)452-5054 BILLING DATE: ACCOUNT NO: LEGAL NOTICE 08/11/22 21410 CITY OF MERIDIAN NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANTTO I.C.§50-901(A) 1 MERIDIAN, CITY OF CITY OF MERIDIAN 33 E. BROADWAYAVENUE ORDINANCE NO.22-1989 MERIDIAN, ID 83642 An ordinance amending Me- ridian City Code section 9-1- 16 concerning connection to city water system outside city limits;amending Meridian City Code section 9-4-26 concern- AD# DESCRIPTION START STOP TIMES AMOUNT ing connection to city sewer system outside city limits; 270897 ORD 22-1989 08/14/22 08/14/22 1 $27.02 voiding conflicting ordinances and resolutions;and providing an effective date. August 14,2022 270897 Payments: Date Method Card Type Last 4 Digits Check Amount Discount: $0.00 Gross:$27.02 Surcharge: $0.00 Paid Amount:$0.00 Credits: $0.00 Amount Due:$27.02 We Appreciate Your Business! AD#270897