01-910 City Code Water & Sewer Connections Amended 0/- qlO
CITY OF MERIDIAN
AN ORDINANCE AMENDING ORDINANCE NO. 852
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING ORDINANCE NO.
852 AND PROVIDING NEW SECTIONS 9-1-16 I. AND 9-4-26 A. 9. OF TILTE16
OF CHAPTER 1 AND SECTION 26A OF CHAPTER 4 OF TITLE 9, MERIDIAN
CITY CODE,.TO PROVIDE FOR ADMINISTRATIVE APPROVAL OF LIMITED
WATER AND SEWER CONNECTIONS TO PROPERTIES NOT CURRENTLY
WITHIN THE CITY LIMITS, AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY; IDAHO:
SECTION 1: That Section 16, Chapter 1 of Title 9, Meridian City Code,
is hereby amended and shall read as follows:
9-1-16: Connection to the City Water System Outside of the City Limits: In
order to obtain Municipal Water System service to parcel/s which are either
partially or entirely outside of the corporate City limits the following provisions
must be 'complied with:
There shall be an application form which shall provide that the
applicant will agree to the terms and conditions required by this
section as a consideration for obtaining such service. The City
Council shall establish an application fee which fee shall be based
upon various classes of applications as recommended by the Public
Works Director given the amount of staff review required for
processing the application. The application form shall specify the
legal description of the parcel/s for which service is being applied, the
name and address of the legal owner/s of the parcel/s and purpose of
the requested service.
A completed application must be filed with the Public Works
Department.
Following the filing of a completed application form and the
payment of the application fee the Public Works Director shall then
review the circumstances presented by the application in accordance
with the terms and conditions and regulations of this Chapter as are
relevant to the application and which shall also include a review of
the effect the granting of the application will have on the ability of
AMENDED ORDINANCE NO. 852 - 1
Do
the Municipal Water System to provide an acceptable level of service
to developed parcels with existing service within the City limits
which shall not be compromised.
The Public Works Director shall then review the findings and
recommendations with the applicant' for comment.
The Public Works Director shall then submit the application and a
report of recommendation/s to the City Council regarding the
application.
The City Council, in the exercise of its discretion may either grant or
deny the application after review of the application and the report of
recommendation/s of the Public Works Director.
In the event the Council grants the application it shall include as a
condition that the legal owner/s of the parcel/s shall enter into an
"Agreement for the Extension of Domestic Water Service Outside
the City Limits" [hereinafter in this section referred to as the
"Agreement"] which agreement form shall provide that the legal
owner/s of the parcel/s agree that the provisions of the City's
ordinances, regulations, and policies, and inspection fees, which
appertain to the regulation; control and use of its domestic water
system including hook up, service fees as apply terms of the
"Agreement" and which form shall also provide that the owner/s of
the parcel/s agree to the annexation into the City of the parcel/s
serviced; and the Council may also impose such other conditions of
granting the application as are reasonable to assure the protection of
the level of service to developed parcels within the City limits and to
assure that the proprietary funds of the City domestic water service
are not used for the extension and or enlargement of the system
which conditions shall also be included in the "Agreement".
The water user of the parcel/s serviced pursuant to a granted
application under this section shall be considered a user and subject
to the terms and conditions of the "Agreement" so long as the
property being served remains outside of the corporate limits of thc
City.
Notwithstanding 9-1-16 E above, if the requested connection is for a
residence, or a multi-family residence not exceeding four (4)
residential units, and if water service is readily available to the
AMENDED ORDINANCE NO. 852 - 2
affected parcel without extension of service, then, if the Public
Works Director deems it in the best interests of the City to do so,
said connection may be authorized by the Public Worlcs Director
without action by the City Council. If the Director declines to
approve the connection, the request will proceed to the City Council
for final decision.
SECTION 2: That Section 26A, Chapter 4 of Title 9, Meridian City Code,
is hereby amended and shall read as follows:
9-4-26A: Connection to the City Sewer System Outside of the City Limits. In
order to obtain Municipal Sewer System service to parcel/s which are either
partially or entirely outside of the corporate City limits the following provisions
must be compfled with:
There shall be an application form which shall provide that the
applicant will agree to the terms and conditions required by this
section as a consideration for obtaining such service. The City
Council shall establish an application fee which fee shall be based
upon various classes of applications as recommended by the Public
Works Director given the amount of staff review required for the
processing the application. The application form shall specify the
legal description of the parcel/s for which service is being applied, the
name and address of the legal owner/s of the parcel/s and purpose of
the requested service.
A completed application must be flied with the Public Works
Department.
Following the filing of a completed application form and the
payment of the application fee the Public Works Director shall then
review the circumstances presented by the application in accordance
with the terms and conditions and regulations of this Chapter as are
relevant to the application and which shall also include a review of
the effect the granting of the application will have on the ability of
the Municipal Sewer System to provide an acceptable level of service
to developed parcels with existing service within the City limits
which shall not be compromised.
The Public Works Director shall then review the findings and
recommendations with the applicant for comment.
AMENDED ORDINANCE NO. 852 - 3
The Public Works Director shall then submit the application and a
report of recommendation/s to the City Council regarding the
application.
The City Council, in the exercise of its discretion may either grant or
deny the application after review of the application and the report of
recommendation/s of the Public Works Director.
In the event the Council grants the application it shall indude as a
condition that the legal owner/s of the parcel/s shall enter into an
"Agreement for the Extension of Domestic Sewer Service Outside the
City Limits" [hereinafter in this section referred to as the
"Agreement"] which agreement form shall provide that the legal
owner/s of the parcel/s agree that the provisions of the City's
ordinances, regulations and policies which appertain to the
regulation, control and use of its domestic sewer system including
hook up, service fees, and inspection fees, apply as terms of the
"Agreement" and which form shall also provide that the owner/s of
the parcel/s agree to the annexation into the City of the parcel/s
serviced; and the Council may also impose such other conditions of
granting the application as are reasonable to assure the protection of
the level of service to developed parcels within the City limits and to
assure that the proprietary funds of the City domestic sewer service
are not used for the extension and/or enlargement of the system
which conditions shall also be included in the "Agreement".
The sewer user of the parcel/s serviced pursuant to a granted
application under this section shall be considered a user and subject
to the terms and conditions of the "Agreement" so long as the
property being served remains outside of the corporate limits of the
City.
Notwithstanding 9-4-26A 5. above, if the requested cmmection is for
a residence, or a multi-family residence not exceeding four (4)
residential units, and if sewer service is readily available to the
affected parcel without extension of service, then, if the Public
Works Director deems it in the best interests of the City to do so,
said connection may be authorized by the Public Works Director
without action by the City Council. If the Director declines to
approve the connection, the request will proceed to the City Council
for final decision.
AMENDED ORDINANCE NO. 852 - 4
SECTION 3: Ail ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 4: VALIDITY: The Meridian City Council hereby dedares that
any section, paragraph, sentence or word of this Ordinance as adopted and amended
herein be declared for any reason to be invalid it is the intent of the Meridian City
Council that it would have passed all other portions of this ordinance independent of the
elimination herefrom of any portion as may be declared invalid.
SECTION 5: DATE OF EFFECT: This ordinance shall be in full force and
effect within one (1) month after its passage, approval and publication, according to law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 27~'
day of /~-~Pr, ca4.ff , 2001.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day ofFeb/-,4.a, ,20oi.
IXfffaayor ~.ober~ D Corrie
ATTEST:
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AMENDED ORDINANCE NO. 852 - 5
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
ATTORNEYS AT LAW
CHRISTOPH~R S. N~e£ 200 EAST CARLTON AVENUE, SUITE 31
PHILIP A. PETffR$ON POST OFFICE BOX 1150
ERIC S. RossM^s MERIDIAN, IDAHO 83680-1150
TODD A. ROSSMAN
D^VID M. SWA~TZ~¥ TEL (208) 288-2499
TERR~iqC£ R. WHITE** FAX (208) 288-2501
February 23,2001
NAMPA OFFICE
PLEASE REPLY TO
MERIDIAN OFFICE
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re: Ordinance No. 852, Summary of Publication
Dear Will:
Pursuant to the direction of the Meridim~ City Council, this office has
prepared a summarization of the ordinance providing for water and sewer connection
outside the City limits, pursuant to the City's action. I do hereby advise the City, and
make this statement, that said summary is true and complete and provides adequate
notice to the public of the provisions of said ordinance.
You are hereby directed to file this statement with the ordinance, pursuant
to the provisions of Idaho Code § 50-901(A).
Wm. F. Nichols
Enclosure
Z:\WorkX&A~4eridiankMeridian 15360M\Ordinances City Hallk2001 Ordinances~BergSumOrdWaterSewerConnect022301Ltr.wpd
NOTICE AND PUBLISHED SUMMARY
OR ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 852
PROVIDING FOR WATER AND SEWER
CONNECTION OUTSIDE THE CITY LIMITS
An Ordinance of the City of Meridian amending Ordinance No. 852 and providing
new sections 9-1-16 I. and 9-4-16 A.9. of Title 16 of Chapter I and section 26A of
Chapter 4 of Title 9, Meridian City Code, to provide for administrative approval of
limited water and sewer connections to properties not currently within the City
limits; providing for effect of validity; providing that all ordinances and resolutions in
conflict are repealed and rescinded; and providing an effective date.
A full text of this ordinance is available for inspection at City Hall, City of
Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on
the ~7~'~ day of /~-,~7,'t~.~ ,2001.
City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
Z:\WorlcWIWieridmn~Vlendlan 15360M\Ordlnances City Hall~Z0{
Ordinances\SumOrdWater S ewerConnectOutsideCityLimit s .doc