The URL can be used to link to this page

Home My Public Portal AboutORD 135-9-08_Amending Water System Connection Fees_04152008ORDINANCE NO. I35 - q-og AN ORDINANCE OF THE CITY OF IONA, IDAHO, AMENDING SECTION 8-2-14 OF THE IONA CITY CODE, RELATING TO WATER SYSTEM CONNECTION FEES; ESTABLISHING METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISH AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, THAT: Section 1. Amendment of Section 8-2-14, Iona City Code. Section 8-2-14 of the Iona City Code is hereby amended as follows: 8-2-14: WATER SYSTEM CONNECTION FEES: (A) Purpose. The purpose of this section is to establish an equitable system of charging a new customer for the impact or burden created whenever the customer enlarges an existing water service or connects a new water service to the City water system, including existing wells, storage tanks, pumps, outbuildings and appurtenances of the City water system, all of which were funded from revenues of the City water system or paid with revenues derived from ad valorem taxes. The City recognizes the inherent inequity of requiring existing customers or taxpayers to bear the entire cost of acquiring or building new facilities, or of utilizing excess capacity with existing facilities, in order to meet the needs of such new development. The Council hereby finds and recognizes the relationship between the nature of the uses of property and the impact thereof upon the City water system. The Council also finds that customers who connect to a water main located adjacent to their property receive a direct benefit from such water mains, which benefit is directly proportional to the frontage of the water main along their property. The Council further finds that it is fair and equitable to charge a main connection fee for customers who connect to such mains in order to fund a portion of the cost incurred by the City in installing such mains. (B) Water System Connection Fees. A water system connection fee shall be collected from any person requesting connection to the water system for any new building or structure or for any existing building for which a change in occupancy or use, as defined under Section 5023406,01 of the Uriferrrtinternational Building Code, is made and for which a new or larger water service line is installed. Such system connection fee shall be as follows: Size of Service Line Fee 1" $ 43,200000 1.5" $ 44,600500 2" $ -46,000 4" $ 18,000 6" $45,000 (C) Main Connection Charge. Before connecting to any water main, all persons shall pay, in addition to the system connection fee, a main connection charge at the rate of twenty dollars ($20) per front foot of property to be served by a water main. Notwithstanding the foregoing, if any person has constructed at his or her own expense the water main to which connection is sought, no fee shall be charged for the first connection of any building or structure situated upon real property owned or formerly owned by such person and served by such water main. If any person constructs a water main entirely at his or her expense the City may, by written agreement, pay over to such person all main connection charges collected by the City from any other person who subsequently connects to such water main. Section 2. Methodology. For the purpose of this Ordinance, text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance to another is similarly shown as underlined text. Section 3. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 4. Effective Date. This Ordinance shall become effective upon its passage, execution and publication within the manner provided by law, and shall be effective with respect to all customer accounts billed after the date the Ordinance becomes effective. 2 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this % 6 day of April, 2008. ATTEST: Betty McKi City Cle (SEAL) 3 Brad Anderson Mayor Y STATE OF IDAHO County of Bonneville I. BETTY MCKINLAY, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled: "AN ORDINANCE OF THE CITY OF IONA, IDAHO, AMENDING SECTION 8- 2-14 OF THE IONA CITY CODE, RELATING TO WATER SYSTEM CONNECTION FEES; ESTABLISHING METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISH AN EFFECTIVE DATE. " Betty McKinla City Clerk G:\WPDATA\DWS\2708 City of Iona\ORD\Water Connection Fee.ORD.cmp.5v1.wpd:sm Proof of Publication The Post Register State of Idaho County of Bonneville I, Dan Moore, orJoanna Hibbert, first being duly sworn, depose and say: That I am the Operations Manager, or Production Supervisor of The Post Company, a corporation of Idaho Falls, Bonneville County, Idaho, publishers of The Post Register, a newspaper of general circulation, published daily at Idaho Falls, Idaho; said Post Register being a consolidation of the Idaho Falls Times, established in the year 1890, The Idaho Register, established in the year 1880 and the Idaho Falls Post, established in 1903, such consolidation being made on the First day of November, 1931, and each of said newspapers have been published continuously and uninterruptedly, prior to consolidation, for more than twelve consecutive months and said Post Register having been published continuously and uninterruptedly from the date of such consolidation, up to and including the last publication of notice hereinafter referred to. That the notice, of which a copy is hereto attached and made a part of this affidavit, was published in said Post Register for 1 consecutive (days) weeks, first publication having been made on the 29TH day of APRIL 2008, last publication having been made on the 29TH day of APRIL 2008 at the said notice was published in the regular and entire issue of said paper on the respective dates of publication, and that such notice was published in the newspaper and not in a supplement. o we.® * PUBLIC' * , w ,. ...... ••••:;,(3., pp� .F /arrar•�:irk•., • J �� 1 8ERR';cane� �..........r ' Subscribed and sworn to before me, this 30TH day of APRIL 2008 Notary Public My commission expires January 10, 2009 Credit ORDINANCE NO. 135-9-08 AN ORDINANCE OF THE CITY OF IONA, IDAHO, AMENDING SECTION 8-2-14 OF THE IONA CITY CODE, RELATING TO WATER SYSTEM CONNECTION FEES; ESTABLISHING METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISH AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, THAT: Section 1. Amendment of Section 8-2-14, lona City Code. Section 8-2-14 of the Iona City Code is hereby amended as follows: 8-2-14: WATER SYSTEM CONNECTION FEES: (A) Purpose. The purpose of this section is to establish an equitable system of charging a new customer for the impact or burden created whenever the customer enlarges an existing water service or connects a new water service to the City water system, including existing wells, storage tanks, pumps, outbuildings and appurtenances of the City water system, all of which were funded from revenues of the City water system or paid with revenues r rom e u ; es. The City rec. • niz s the inherent '44BtQ Ong"cui#tomers of t ._. r entire cost of acquiring or building new facilities, or of utilizing excess capacity with existing facilities, in order to meet the needs of sfct new development. The Council -hereby finds and recognizes the relationship between the nature of the uses of property and the impact thereof upon the City water system. The Council also finds that customers who connect to a water main located 41jacent to their property receive a direct benefit from such water mains, which benefit is directly proportional to the frontage of the water main along their property. The Council further finds that it is fair and equitable to charge a main connection fee for customers who connect to such mains in order to fund a portion of the cost incurred by the City in install such mains. (B) Water System Connection Fees. A water system connection fee shall be collected from any person requesting connection to the water system for any new building or structure or for any existing building for which a change in occupancy or use, as defined under Section 6023406.01 of the 4iiifer+elnternationai Building Code, is made and for which a new or larger water service line is installed. Such system connection fee shall be as follows: Size of Service Line fee 1" $ 43,299N20 1.5" $ 4-4,680500 2" $ 46,000 4" $ 18,000 g^ $ 45,000 (C) Main Connection Charge. Before connecting to any water main, all persons shall pay, in addition to the system connection fee, a main connection charge at the rate of twenty dollars ($20) per front foot -- of property fo be,served by a water main. Notwithstanding the foregoing, if any person has constructed at his or her own expense the water main to which connection is sought, no fee shall be charged for the first connection of any building or structure situated upon real property owned or formerly owned by such person and served by such water main. If any person constructs a water main entirely at his or her expense the City may, by written agreement, pay over to such person all main connection charges collected by the City from any other person who subsequently connects to such water main. Section 2. Methodology. For the purpose of this Ordinance, text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text is is moved from one location in the former Ordinance to another is similarly shown as underlined text. Section 3. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 4. Effective Date. This Ordinance shall become effective upon its passage, execution and publication within the manner provided by law, and shall be effective with respect to all customer accounts billed after the date the Ordinance becomes effective. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 15 day of April, 2008. Brad Anderson Mayor ATTEST: Betty KcKinlay City Clerk STATE OF IDAHO ) County of Bonneville ) I, BETTY MCKINLAY, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above foregoing is a full, true and correct copy of the Ordinance entitle: "AN ORDINANCE OF THE CITY OF IONA, IDAHO, AMENDING SECTION 8-2-14 OF THE IONA CITY CODE, RELATING TO WATER SYSTEM CONNECTION FEES; ESTABLISHING METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISH AN EFFECTIVE DATE." Published: April 29, 2008 Betty McKinley City Clerk