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0689 Sewer Connection Fee 2010CITY OF CHUBBUCK, IDAHO ORDINANCE NO. V V AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 13.04.023 OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE THE FEE CHARGES SHALL BE FOR EACH CONNECTION TO THE WASTE WATER COLLECTION FACILITY AND NOT PER BUILDING PERMIT; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 13.04 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. INTENT. The City has entered into a Joint Powers Agreement to establish the Chubbuck Impact Area Wastewater Collection Authority ("Authority"). Ordinance 658 ratified the Authority's recommendation of a specific connection fee but referred to the fee as being charged for "each building permit" issued within the impact area. The City and the Authority has determined the fee should be charged only to those users that actually connect to the waste water collection facility in accordance with the By -Laws and Regulations adopted by the Authority. This ordinance changes the language to refer to the fee as being assessed for each connection and not for each building permit. Section 2. AMENDED SECTION 13.04.023, Section 13.04.023 of the Chubbuck Municipal Code is amended as follows: 13.04.023: SEWER CONNECTION FEE; IMPACT AREA: Effective July 1, 2008, a sewer connection fee of five thousand two hundred twenty nine dollars ($5,229.00) per Equivalent Residential Unit ("ERUD shall be charged for each issued f6r construction connection made to the waste water collection facility outside of the Chubbuck city limits but within the area of Chubbuck city impact as defined in section 17.22.020 of this code. This fee shall be charged for any connection to the waste water collection facility made after July 1, 2008, for construction in an area that was not within the Chubbuck city limits as of July 1, 2008, but excluding those areas for which a master plan had been approved and portions of the area within the approved master plan had been annexed prior to July 1, specifically Brookstone estates, and the Grove subdivision. In addition to the connection fee, other charges or fees assessed shall be collected including the plant capacity fee assessed by the city of Pocatello for new hookups that discharge to the Pocatello wastewater treatment facility. Future modifications to the connection fee set herein shall be adopted by resolution of the city council after being recommended by the Chubbuck hnpact Area Wastewater Collection Authority. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 13.04 not Ordinance -Page 1 chubbuck083110 ciawca fee ord.wpd herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. 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 dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 14tt- day of 2010. f Aeven"MeeK'=England,a ATTEST: Richard Morga ity Clerk Ordinance - Page 2 chubbuck083110 ciawca tee ord.wpd LAW OFFICES JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 LAMONT JONES POCATELLO, IDAHO 83204-0967 TELEPHONE: (208) 232-5911 JACK H. ROBISON FAX: (208) 232-5962 THOMAS J. HOLMES E-MAIL: tholmesid@aol.com MR. HOLMES' TELEPHONE EXTENSION: 103 September 1, 2010 Sent Via E-mail ssmart@cityofchubbuck.us Steve Smart City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Steve: Attached is an ordinance that would change our Joint Municipal Code Section 13.04.023 to refer to the Chubbuck Impact Area Wastewater Collection Authority's connection fee as being assessed per connection rather than per building permit. I also enclose a resolution that would correct the charges effective January 1, 2010 to be on a per connection basis. I am copying this to Zac Parris at Bannock County so they can proceed with the same changes to their ordinance. I reviewed the sewer regulations we promulgated in 2009 that are codified at our Chapter 13.32. The references therein appear to be to a connection rather than to a building permit so I don't think any changes need to be made there. In looking at Ordinance 2009-4 adopted by the County, it appears they adopted the same regulations so I don't believe they'll need to make any changes either. There is a reference in the system of charges to a connection fee being assessed for each permit granted for each connection to the system but those do not specifically state building permit and in the context of the regulations, it appears the regulations are talking about a permit to connect to the wastewater collection system rather than to a building permit. I'll leave it up to Zac to prepare the appropriate ordinances or resolutions for the County to adopt but I believe these would do for review by the Authority at your meeting tomorrow. . Pocatello will need to ratify these by adoption of a resolution similar to the resolution 2009-37 changing the reference to building permit to a connection to the wastewater collection system. Sincerely, C Thomas J. Holmes TJH/ah chubbuck090110.1 l .Nvpd Enclosure cc Zac Pairis Dean Tranmer