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0435 Extension of Sewer Collection 1995CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 435 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, CHANGING THE NUMBERING OF CHAPTER 13.20 TO "EXTENSION OF SEWER COLLECTION AND/OR WATER SYSTEM" TO CHAPTER 13.24 REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF TITLE 13 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Intention. The Mayor and Council have separately repealed Chapter 13.24: "Waste Water Collection and Treatment" and adopted a new Chapter 13.20 "Non - Residential Water Discharges." The new Chapter 13.20 promotes coordination and harmony between the Chubbuck ordinance and that of the City of Pocatello which operates the waste water treatment plant. The Mayor and Council, by this ordinance, do change the numbering of the existing Chapter 13.20, "Extension of the Sewer Collection and/or Water Systems" to 13.24. Chanter 13.24 EXTENSIONS OF SEWER COLLECTION AND/OR WATER SYSTEMS Sections: 13.24.010 Authority, allocation of costs. 13.24.020 Extension at City's Expense. 13.24.030 Extension at landowner's expense. 13.24.040 Method of allocation. 13.24.050 Payment of allocated costs by benefited landowners. 13.24.010 Authority, allocation of costs. 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. Ordinance - Page 1 dee ehbbck03.131 13.24.020 Extension at the city's expense. The extension of the city's sewer collection or water system may be completed at the city's expense, pursuant to this chapter and subject to reimbursement as provided for hereinafter, only after the passage of a resolution by the city council, which includes the following: A. 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; B. 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 S 50-1701 et seq. C. 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. D. A description of the properties benefited by such an extension; and E. A statement of the method to be used in allocating the costs of such an extension to the properties benefited thereby. 13.24.030 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 any owner of the land benefited by such extension (hereinafter "developer"), whereby the developer will complete the extension at the developer's expense, pursuant to this chapter 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 Ordinance - Pepe 2 dee chbbckO3.131 method of allocating said cost to all benefited properties, shall provide that the cost of said extension will be borne by the developer, shall describe 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 necessary to ensure that such extensions adequately service the affected area and are compatible with all existing and planned sewage collection or water systems. 13.24.040 Method of allocation. The method of allocation provided for in the resolution of the city council 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 benefitted property. 13.24.050 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 chapter, shall not be mandatory, and the requirements of Section 13.16.040 and 13.16.060 of this title shall not apply to those areas deemed by the city council to be benefited by an extended sewage collection system. All funds collected Ordinance - Pape 3 dec chbbckO3.131 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. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Title 13 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 28thday of MARCH , 1995. &-, YOR ATTEST: CITY CLERK Ordinance - Page 4 dao chbbck03.131 SUMMARY OF ORDINANCE NO. 435 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, renumbering Chapter 13.20, extension of sewer collection and/or water system, to Chapter 13.24; providing for the repeal of conflicting ordinances; providing that all other provisions of Chapter 13 not amended shall remain in full force and effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 435 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this day of April, 1995. Thomas J. SUMMARY OF ORDINANCE NO. 435 - Page 1 dec chbbck04.052 Attorney