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Bannock County Ordinance 2008-3 Sewer Connection Fees 2008` LARRY W. GHAN CHAIRMAN COMMISSIONER 3RD DISTRICT Bannock County Commissioners POCATELLO, IDAHO a. saN OCK couN LIN WHITWORTH STEVE HADLEY P.O. Box 4016 • Pocatello, Idaho 83205-4016 • Phone (208) 236-7211 COMMISSIONER 1ST DISTRICT COMMISSIONER 2ND DISTRICT Fax# 236-7363 TDD# 236-7020 POCATELLO, IDAHO POCATELLO, IDAHO DATE: AUGUST 25, 2008 TO: TOM HOLMES FROM: BANNOCK COUNTY COMMISSIONERS SUBJECT: SEWER CONNECTION FEE ORDINANCE Enclosed please find resolution and ordinance regarding the Chubbuck sewer fees. Thank you for agreeing to distribute a copy to those who need one. Cindy Hepworth Office Administrator en 1 Recycled iia Paper 20818885 In the Matter of SEWER CONNECTION FEES) R.S. No. 2008-81 for CHUBBUCK AREA OF CITY IMPACT ) August 18, 2008 RESOLUTION WHEREAS, the City of Chubbuck, along with the City of Pocatello and Bannock County have determined there is an immediate and pressing need, due to concerns about contamination of the ground water aquifer that serves the source for the potable water for Chubbuck, Pocatello and Bannock County, to provide a means to collect sewage generated within the Chubbuck Area of City Impact (service area) and deliver it for treatment to the sewage treatment facility owned and operated by the City of Pocatello: and WHEREAS, the City of Chubbuck, the City of Pcoatello and Bannock County have executed a Joint Powers Agreement forming the Chubbuck Impact Area Wastewater Collection Authority to alleviate and provide a means of addressing concerns; NOW, THEREFORE, BE IT RESOLVED, that a motion was made by Commissioner Steve Hadley, seconded by Commissioners Lin Whitworth, to approve the sewer connection fees for the Chubbuck Area of City Impact, terms and conditions as set forth in Ordinance 2008-3.. The motion passed and the voting was unanimous, as taken by roll call vote. ATTEST: DALE DaIQ Hatch, Clerk OF BANNOCVCOVNTY COMMISSIONERS Larry Steve Fladley, Member Lin Whitworth, Member 5- 20818886 BANNOCK COUNTY, IDAHO ORDINANCE NO. 2008-3 AN ORDINANCE PROVIDING FOR SEWER CONNECTION FEES IN THOSE AREAS OF BANNOCK COUNTY LYING WITHIN THE CHUBBUCK AREA OF CITY IMPACT; PROVIDING FOR THE APPLICABILITY OF THOSE FEES TO NEW CONSTRUCTION; PROVIDING FOR A REDUCED FEE FOR EXISTING DEVELOPMENT; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE COMMISSIONERS OF BANNOCK COUNTY, IDAHO AS FOLLOWS: 1. Bannock County, the City of Chubbuck, and the City of Pocatello, have determined there is an immediate and pressing need, due to concerns about contamination of the ground water aquifer that serves the source for the potable water for Chubbuck, Pocatello and Bannock County, to provide a means to collect sewage generated within the Chubbuck Area of City Impact ("Service Area") and deliver it for treatment to the sewage treatment facility owned and operated by the City of Pocatello. 2. The Service Area is defined in Bannock County Ordinance 1998-5, as revised from time to time by the annexation of certain portions of said area into the City of Chubbuck. To alleviate and provide a means of addressing the concerns set forth in paragraph 1, Bannock County, the City of Chubbuck, and the City of Pocatello executed a Joint Powers Agreement ("Agreement") which formed the Chubbuck Impact Area Wastewater Collection Authority ("Authority"). 4. The Authority reviewed a study and report prepared by JUB Engineers, Inc. ("JUB") which made recommendations for a Sewer Collection System ("System") in the Service Area. 5. Chubbuck, as lead agency for obtaining financing under the Agreement, has obtained a loan from the Idaho Department of Environmental Quality to fund the design of the first phase of the System in the Service Area. 6. To provide funding for the design and construction of the System, JUB recommended part of the funding be provided through a connection fee collected from all new development within the Service Area as well as from existing development that seeks to utilize the System. 7. Tthe fee determined by the Authority to be necessary to fund the improvements would generally be collected by Bannock County. 8. Any wastewater collected by the System would be treated at the Wastewater Treatment Plant owned and operated by the City of Pocatello. 9. The City of Pocatello has implemented a plant capacity fee that would also need to be collected from any new developments and from existing development hooking into the System. 10. At its March 27, 2008 meeting, the Authority approved assessment of a connection fee of $5,229 per building permit for 2008, in addition to the Pocatello plant capacity fee. A discount of fifty per cent (50%) from the connection fee (but not the plant capacity fee) was approved for any existing residence that connects to the System when it is available. 11. Adjustments to the connection fee will be made from time to time by the Authority to account for increases in cost. 12. The Agreement provides in paragraph 5.2.5 (5) that the governmental entities will provide by ordinance for the collection of the fees established by the Authority. 13. Bannock County by this Ordinance does provide for the collection of the fees established by the Authority. 14. The connection fee collected hereunder shall be remitted to the Treasurer of the Authority. Based upon the forgoing, it is hereby ordained by the Bannock County Commissioners as follows: Sewer Connection Fee - Impact Area: Effective July 1, 2008, a sewer connection fee of $5,229 shall be charged for each building permit issued for construction out side of the Chubbuck City limits but within the area of Chubbuck City Impact as defined by Ordinance No. 1998-5. This fee shall be charged for any building permit issued after July 1, 2008 for construction in an area that was not within the Chubbuck City limits but within the area of Chubbuck City Impact as of July 1, 2008. 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 hook ups that discharge to the Pocatello Wastewater Treatment Facility. Future modifications to the connection fee set herein shall be adopted by resolution of the Bannock County Commissioners after being recommended by the Chubbuck Impact Area Wastewater Collection Authority. ADMINISTRATIVE PROVISIONS Section 1. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 2. Effective Date. This Ordinance shall become effective upon its passage, approval and publication. 5-4 d'), 0'.0818886 Adopted this 18th day of August, 2008, Resolution No. 2008-79 TCH f r ATTEST: F Dale- MIX, Cleak. .S BANNOCK COUNTY SUMMARY ORDINANCE NO. 2008-3 AN ORDINANCE PROVIDING FOR SEWER CONNECTION FEES IN THOSE AREAS OF BANNOCK COUNTY LYING WITHIN THE CHUBBUCK AREA OF CITY IMPACT; PROVIDING FOR THE APPLICABILITY OF THOSE FEES TO NEW CONSTRUCTION; PROVIDING FOR A REDUCED FEE FOR EXISTING DEVELOPMENT; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. The full text of the Ordinance is available and may be obtained from Dale Hatch, County Clerk, Bannock County, Bannock County Courthouse, Pocatello Idaho during regular office hours. DATED this 25h day of August, 2008 DALE HATCH Dale Hatch, Clerk PUBLISHING DATE: August 29, 2008