14-979 Establishing Conseptual Public Works Policy for Sewer Service LinesCITY OF MERIDIAN RESOLUTION NO. 14-979
BY THE CITY BIRD, BORTON, CAVENER,
COUNCIL: MILAM, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, ESTABLISHING A POLICY REGARDING RELOCATION OF SEWER
LINES AFFECTING PRIVATE PROPERTY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a "private service line" is a collection line owned by a private party, located
on private property, which collects and conveys wastewater from the property or properties from
which it originates, to the City's wastewater collections system, for the benefit of a private party
or parties;
WHEREAS, a "City sewer line" is a collection line owned by the City of Meridian,
located on either private or public property or right-of way, which collects and conveys
wastewater from the property or properties from which it originates, to the City's wastewater
collections system, for the benefit of the public;
WHEREAS, it is the general policy of the Public Works Department of the City of
Meridian to refrain from expending public funds, or using public equipment, on private property,
where such expenditure or use will further only private interests;
WHEREAS, pursuant to prevailing Idaho caselaw, an expenditure has a public purpose,
and is therefore compliant with Idaho Constitution Art. 8, section 2, so long as it is spent on an
activity that serves to benefit the community as a whole and which is directly related to the
function of government (Idaho Water Resource Board v. Kramer, 97 Idaho 535, 559 (1976));
WHEREAS, the Idaho Supreme Court has specifically enumerated the installation of
public utilities to be an activity or expenditure with a public purpose (Village of Moyie Springs v.
A urora Mfg. Co., 82 Idaho 3 3 7 (1960));
WHEREAS, from time to time, it is in the best interest of the public for the Public
Works Department of the City of Meridian to: l) relocate and reconnect a private service line, or
2) relocate a City sewer line located on private property, to further one or more of the following
public purposes:
a) Improve the Department's accessibility to private service lines or City sewer lines for
purposes of operation, maintenance, or inspection;
b) Consolidate redundant or duplicative private service lines or City sewer lines;
c) Improve efficiency and functionality of the City's wastewater collections system;
d) Alleviate imminent or ongoing public nuisances and environmental risks resulting from
aging or compromised private service lines or City sewer lines;
e) Comply with regulatory requirements or best practices; and/or
f) Protect the public health and safety;
RESOLUTION ESTABLISHING CONCEPTUAL PUBLIC WORKS POLICY FOR SEWER SERVICE LINES PAGE 1
WHEREAS, the Mayor and City Council find that public payment for private utility
connections under the conditions and circumstances set forth herein comports with the public
purpose doctrine in that the activity and expenditure benefits the community as a whole, and is
directly related to the function of government; and
WHEREAS, the Mayor and City Council find that it is in the interest of the public
health, safety, and welfare to facilitate these purposes and to maintain continuous, reliable sewer
services to residents and businesses in the City of Meridian;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That where the Director of the Public Works Department of the City of
Meridian finds that the relocation and reconnection of a private service line to the City's
wastewater collection system will further one or more of the objectives set forth above, the
Director shall be authorized to pay for the relocation of the private service line, provided that: l )
such line currently exists, 2} such line is in good working order, 3) all connection and assessment
fees have been collected, and 4) the property owner's utility account is in good standing.
Section 2. That where the Director of the Public Works Department of the City of
Meridian finds that the relocation of a City sewer line located on private property will further one
or more of the objectives set forth above, the Director shall be authorized to pay for the
relocation of the City sewer line, provided that: l) such line currently exists, 2) such line is in
good working order, 3) all connection and assessment fees have been collected, and 4) the
property owner's utility account is in good standing.
Section 3. That any and all work on private property reimbursed or paid for by the City
of Meridian in accordance with this policy shall be designed and reviewed by a professional
engineer licensed in the State of Idaho, and such work shall be constructed and installed by a
Public Works Contractor licensed in the State of Idaho incompliance with the IPSWC, the
Meridian Supplemental Standards to the ISPWC, and any other conditions placed on such work
by the City of Meridian.
Section 4. That for any work on private property reimbursed or paid for by the City of
Meridian the City may either hire a private public works contractor licensed in the State of Idaho
to perform the work, or require property owners to secure three bids from a plumber licensed in
the State of Idaho for such work, submit the lowest bid to the City and obtain authorization to
undertake such work pursuant to a duly executed reimbursement agreement, and contract with
the lowest bidder to perform the work, pursuant to -the timeframe, terms, and conditions as
specified by the City in the reimbursement agreement.
Section 5. That City shall not pay for the installation or relocation of a private service
line or connection point, relocation of an existing City sewer line, or installation of a new City
sewer line where such relocation or installation would be undertaken primarily for the benefit of
the private property owner.
RESOLUTION ESTABLISHING CONCEPTUAL PUBLIC WORKS POLICY FOR SEWER SERVICE LINES PAGE 2
ADOPTED by the City Council of the City of Meridian, Idaho, this day of
February, 2014.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of February,
2014.
APPROVE
ATTEST:
RESOLUTION ESTABLISHING CONCEPTUAL PUBLIC WORKS POLICY FOR SEWER SERVICE LINES PAGE 3