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0253 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 Ordinance - Page 1 jm CH#3-49 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 Ordinance - Page 2 jm CH~3-49 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. Ordinance - Page 3 jm CH~3-49 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 Ordinance - Page 4 jm CH#3-49 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 Ordinance - Page 5 jm CH#3-49