HomeMy WebLinkAbout0253 Extension of Sewer System 1984CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. ~3~
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, EMPOWERING
THE CITY TO EXTEND THE MUNICIPAL SEWAGE COLLECTION
AND/OR WATER SYSTEM AND ALLOCATE THE COST OF INSTALLING
AND CONSTRUCTING SUCH AN EXTENSION TO THE PROPERTY
BENEFITED THEREBY; PROVIDING THAT THE COST ALLOCATED TO
SUCH PROPERTY SHALL BE PAID AS A CONDITION TO CONNECTING
SAID PROPERTY TO THE CITY'S SEWAGE COLLECTION OR WATER
SYSTEM; PROVIDING THAT THE CITY IS AUTHORIZED TO ENTER
INTO AN AGREEMENT WITH AFFECTED LANDOWNERS TO PROVIDE
FOR THE CONSTRUCTION OF SUCH EXTENSIONS TO THE CITY'S
SEWAGE COLLECTION SYSTEM; PROVIDING THAT ALL PAYMENTS
RECEIVED BY THE CITY BASED UPON COSTS ALLOCATED TO
PROPERTIES BENEFITED BY SUCH EXTENSIONS MAY, PURSUANT TO
SUCH AGREEMENT, BE PAID TO SUCH LANDOWNERS AS
REIMBURSEMENT OF THE COST INCURRED IN THE CONSTRUCTION
OF SUCH EXTENSIONS; PROVIDING THAT THE REQUIREMENTS OF
SECTION 9 OF ORDINANCE NO. 251 SHALL NOT APPLY TO THE
OWNERS OF PROPERTY WHICH IS DEEMED TO BE BENEFITED BY AN
EXTENSIONS OF THE CITY'S SEWAGE COLLECTION SYSTEM
CONSTRUCTED PURSUANT TO THIS ORDINANCE; PROVIDING FOR
THE AMENDMENT OF SECTION 3-1-12 OF ORDINANCE NO. 78;
PROVIDING FOR THE SEVERABILITY OF THIS ORDINANCE;
REPEALING ALL ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL
BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1: Extensions of the City's Sewage Collection
and Water System. The City Council is hereby empowered and
authorized to extend its sewage collection or water system into
areas of the City not currently serviced by the existing system,
and allocate the cost of installing and constructing such an
extension to the property benefited thereby.
SECTION 2: Extension at the City's Expense. The extension
of the City's sewage collection or water system may be completed
at the City's expense, pursuant to this Ordinance and subject to
reimbursement as provided for herinafter, only after the passage
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of a resolution by the City Council which includes the following:
(1) a finding that the contemplated extension of the sewage
collection or water system is in the best interests of the
benefited property and the City; (2) a findinG that because of
the nature of the benefited property, it is unlikely that the
contemplated extension of the sewage collection or water system
will be completed without the construction thereof by the City, or
the establishment of a Local Improvement District pursuant to
Idaho Code ~ 50-1701 et. seq.; (3) a findinG that because of the
nature of the benefited property, the construction of the
extension through the establishment of a Local Improvement
District is impractical or would create an onerous burden on the
benefited property; (4) a description of the properties benefited
by such an extension; and (5) a statement of the method to be
used in allocating the costs of such an extension to the
properties benefited thereby.
SECTION 3: Extension at Landowner's Expense. In the event
the City Council elects not to extend the sewage collection or
water system, the City Council may enter into an agreement with an
owner of land benefited by such extension (hereinafter
"developer"), whereby the developer will complete the extension at
the developer's expense, pursuant to this Ordinance and subject to
reimbursement as provided for herein. The terms of the agreement
shall be approved by the City Council and shall specify the cost
of the extension of the City's sewage collection or water system,
shall specify the method of allocating said cost to all benefited
properties, shall provide that the cost of said extension will be
borne by the developer, shall described the properties benefited
by the extension and shall provide that the extension shall be
constructed in accordance with all applicable laws, ordinances,
and government regulations, and shall conform with such
specifications as the City Public Works Director may deem
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necessary to ensure that such extensions adequately service the
affected area and are compatible with all existing and planned
sewage collection or water systems.
SECTION 4: Method of Allocation. The method of allocation
provided for in the resolution of the City Counsel or the City's
Agreement with the developer shall be the front foot method, a
square foot method, or a combination thereof, or such other method
as may equitably allocate the costs of the extension in proportion
to the benefits derived by each benefited property.
SECTION 5: Payment of Allocated Costs by Benefited
Landowners. The owners of all land described in the City
Council's resolution or the City's agreement with the developer as
benefited by such extension of the City's sewage collection or
water system, may utilize access to the extended system upon the
payment of that portion of the cost of extension allocated to such
property pursuant to the method of allocation provided for in the
City Council's resolution or the City's agreement. Such allocated
costs shall be paid in addition to connection charges otherwise
imposed by the City pursuant to ordinance or resolution.
Connection to a sewage collection or water system, extended
pursuant to the provisions of this Ordinance, shall not be
mandatory, and the requirements of Section 9 of Ordinance No. 251
of the City of Chubbuck, shall not apply to those areas deemed by
the City Council to be benefited by an extended sewage collection
system. All funds collected from benefited landowners pursuant to
this section shall be retained by the City if the extension was
constructed at the City's expense. If the extension was
constructed at the expense of a developer, all funds collected by
the City from benefited landowners pursuant to this section shall
be paid to such developer.
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SECTION 6: Amendment of Ordinance No. 78. The provision of
Section 3-1-12 of the City of Chubbuck, Idaho, adopted on June 11,
1968, are hereby amended as follows:
3-1-12: WHEN SEPARATE SERVICE REQUIRED; EQUIPMENT
SUPPLIED WITH SERVICE: Each property capable
of title transfer and each residence located on any one
property and not joined with other property thereon
inseparably or under the same roof shall be considered
as an individual consumer, and each individual consumer
shall be supplied through a separate service connection
and meter; provided, however, that in case of duplexes
or apartments not being capable of separate title
transfer, that the owner thereof may, nevertheless, by
arrangement with the Water Department, provide for said
property multiple service connections and meters to
serve each of the various apartments located thereon.
All buildings, although joined together by party wall or
similar attachments, if capable of separate title
transfer shall have for each divisible part thereof,
separate service connections and meters, or deduct
meters may be installed at the discretion of the Water
Department. Where water through one service and meter
is furnished to two (2) or more residences or buildings
occupied by different famiies on acreage property
capable of subdivision and transfer by proper title in
fee simple, the plumbing thereon shall be arranged so
that each divisible part thereof shall have its own
separate service connection and water meter.
After the applicant has complied with all the prescribed
requirements relating to the application for service
connection and has paid all charges, the Water
Department shall cause the property described to be
connected with the Municipal Water System if the
property to be served is within two hundred (200) feet
of an existin~ City water main. The Water Department
shall not be required to connect the property to the
Municipal Water system unless, and until, a City water
main has been installed within two hundred (200) feet of
the property. Whenever practicable the service
connection shall be made in the street in front of the
property to be served. Each service shall consist of a
tap and connection with the main pipe, a length of
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service pipe installed to the extended line of the
property line of the first property line abutting the
main, in the direction of the property to be served, a
curb cock and water meter placed inside of the curb
line, together with the necessary covers for meter and
curb cock.
The Water Department shall have the right to install a
single service pipe from the main to the curb line, of
sufficient size to supply two (2) or more separate
properties and with individual curb cocks and meters for
separate properties.
SECTION 7: Severability! If any provision, paragraph, word,
or section of this ordinance is, for any reason, held invalid by a
court of competent jurisdiction, such holding shall not affect the
remaining provisions of this ordinance.
SECTION 8: Repeal. All other prior ordinances, which are in
irreconcilable conflict with the provisions of this ordinance, are
hereby repealed to the extent of such conflict.
SECTION 9. Effective Date. The rule requiring ordinances to
be read on three (3) separate occasions is hereby dispensed with,
and this amendatory ordinance shall become effective upon its
passage, approval and publication as provided by law.
PASSED BY THE
IDAHO, this 24th
MAYOR AND COUNCI/L~OF THE CITY OF CHUBBUCK,
ATTEST:
CLERK
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