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HomeMy Public PortalAboutORD 293-08-23_Water System Methodology Instrument p 1753249 Bonneville County, Idaho Falls, Idaho 08/25/2023 01:38:29 PM No. of Pages: 11 Recorded for: CIee OF I00R Penny Manning Fee: $0.00 Ex-Officio Recorder Deputy _____ - Index to ORDINANCE ORDINANCE NO. 293-08-23 AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTIONS 8-2-2 AND 8-2-24 OF THE IONA CITY CODE; MODIFYING DEFINITIONS AND CLARIFYING THE CALCULATION OF THE WATER SYSTEM CONNECTION FEE; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Amendment of Section 8-2-24 of the Iona City Code. Section 8-2-24 of the Iona City Code is amended as follows: 8-2-2: DEFINITIONS. (A) Certain terms used in this Chapter shall have the meanings ascribed below: (1) APPLICANT: Any person who owns Customer Property and, who (with respect to such Customer Property) desires to become a Customer and/or a Water User. (2) BACKFLOW: The flow other than in the intended direction of flow, of any non-potable waters, foreign liquids, gases or harmful or offensive substances into the City water supply as a result of reduced, negative, or back pressure. (3) BACKFLOW PREVENTION An apparatus that prevents Backflow that ASSEMBLY: is on the most current list of approved backflow prevention assemblies certified by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research. (43 CALCULATED GROSS The Gross System Value calculated by the SYSTEM VALUE: City on any Connection Fee Calculation Date in accordance with the methodology set forth in Section 8 2 21 of this Code. (--5) CCI ENR: The Construction Cost Index as published .. • — from time to time by the Engineering News Record for U. S. Cities. (See http://www.enr.com). (46) CLASSIFICATION: The classification of a Customer Property, as specified in Section 8-2-9 of this Code, for purposes of determining how many Equivalent Domestic Users(or EDUs) are associated with such Customer Property. (57) CONNECTION FEE The date of any calculation of the Water CALCULATION DATE: System Connection Fee undertaken pursuant to Section 8-2-24 of this Code. (6S) CROSS-CONNECTION: Any physical arrangement whereby the City water system is connected or potentially connected with any other water supply system, sewer, drain, conduit, pool, storage reservoir or any other source of water supply which contains or may contain contaminated water, chemicals, sewage or other waste or liquids which may be harmful to human health or which may deleteriously affect the City water supply. (74) CURB STOP: The Service Line valve owned by the City and located near the property line of the Customer Property. (84-9) CUSTOMER: Any person who owns Customer Property to which Water Service is actually provided. (944-) CUSTOMER LINE: The water pipe,valves,and fittings laid on the Customer Property from, but not including, the Water Meter or (if there is no Water Meter) the Curb Stop to the place, location, building, structure, and/or improvement provided with Water Service, that is physically capable of being provided with Water Service, or to which an Applicant or Customer seeks to have Water Service provided. (102) CUSTOMER PROPERTY: The parcel of land on which is located any place, location, building, structure, and/or improvement provided with Water Service, that is physically capable of being provided with Water Service, or to which an Applicant or Customer seeks to have Water Service provided. (113) EQUIVALENT DOMESTIC A hypothetical Customer Property with USER(or EDU): needs for Water Service equivalent to one residential unit. (124) EQUITY BUY-IN The methodology for calculating Water METHODOLOGY: Service Connection Fees as set forth in this Chapter. (133) EXISTING CUSTOMER: Any Customer whose Service Line was connected to the Water System prior to the relevant Collection Fee Calculation Date. (146) FRONTAGE: The side of a parcel of land abutting on a public street from which primary pedestrian access to the street is made. (157) GROSS SYSTEM VALUE: The total Net Ccost to replace duplicate all System Assets including all design, engineering,. and construction costs associated therewith;; minus any accrued depreciation on the System Assets; plus together-with all System Cash Revenues held in the City Water System Capital Improvement Fund,_all as determined at the time of any Connection Fee Calculation Date according to generally accepted engineering and accounting practices. (1-8) INITIAL GROSS SYSTEM The Gross System Value for the end of the VALUE: Associates, PC, Engineering Company as set forth in that certain Engineering Report dated July 21, 2017, a copy of which shall be filed with the City Clerk immediately following the publication of the Ordinance adopting this Chapter and which shall be there maintained for inspection by the public. (169) MONTHLY WATER SERVICE The monthly fee charged pursuant to FEE: Section 8-2-28 of this Code for Water Service. (1720) MONTHLY WATER SERVICE The monthly charge per EDU for Water RATE: Service, which shall be specified from time to time by Resolution of the Council. (21) NET COST: An amount equal to the cost of any System Improvement less any portion of such amount paid by a state or federal grant or with in kind donations or grants in aid of development by a private person or entity. Such amount shall include amounts expended for the design, services necessary to install or otherwise put c o ntom nto elaVlIJble eendit-ion. (1822) NET SYSTEM VALUE: The Gross System Value at the time of any—Connection ee Calculation Date minus any Outstanding System Indebtedness, Unfunded Depreciation, and state or federal grants, all determined as of the most recent Connection Fee Calculation Date. (1923) NEW CUSTOMER: Any Applicant or Customer who connects a Service Line (or who desires to connect a Service Line) to the Water System after the relevant Collection Fee Calculation Date. (204) OPEN HOSE: The use of water through a hose without a nozzle or other pressure-limiting device or assembly. (215) OUTSTANDING SYSTEM The aggregate unpaid principle balance of INDEBTEDNESS: any indebtedness attributable to any bond or loan secured, obtained or issued by the City for the purpose of constructing System Assets, or for the purpose of enlarging, expanding or rehabilitating such improvements as such indebtedness exists at the time of any Connection Fee Calculation Date. (226) SERVICE CHARGE: The charge specified in Section 8-2-32(A) of this Code. (237) SERVICE LINE: The water pipe, valves, and fittings laid from a Water Main to the Water Meter (if present on the particular Customer Property), or (if there is no Water Meter on the particular Customer Property) the Curb Stop. (24S) SYSTEM ASSETS: All of the Water Mains, Service Lines, distribution lines,water lines,water pipes, connections, Curb Stops, Water Meters, water tanks, water pumps, backhoes, motor vehicles, equipment, inventory, supplies, insurance, agreements, water rights and permits, and other real or personal property of any kind together with other appurtenances owned or operated by the City, used (in whole or in part) for the purpose of providing domestic or culinary water to Customer Property or for the purpose of providing the operation and maintenance of such property. (259) SYSTEM CAPACITY: The total number of Equivalent Domestic Users (or EDUs) that may be reasonably and prudently served by the Water System at the time of a Connection Fee Calculation Date, as calculated and determined in accordance with sound and generally accepted engineering principles. (2638) SYSTEM CASH RESERVES: All cash revenues and reserves held or controlled by the City in the City Water System Capital Improvement Fund. (273-l) SYSTEM ENHANCEMENTS: Any improvement, expansion, increase in capacity, or enhancement of any System Asset or any new System Asset added to the Water System installed, purchased, or otherwise acquired solely for the use of the Water System. (32) UNFUNDED DEPRECIATION: An amount of depreciation for depreciable System Assets, calculated in accordance with generally accepted accounting principles determined as of any Connection Fee Calculation Date for which no reserve has been set aside or otherwise. ntaine i the«Tat r System Capital Improvement Fund for the purpose of repairing, replacing or rehabilitating existing System Assets. (2833) WATER DEPARTMENT: The City's Public Works Department. (2934) WATER MAIN: Water pipe, valves, and fittings laid in a street, road, alley, or easement within the City or within an easement controlled by the City or pursuant to a permit or license issued to the City. (305) WATER METER: A water meter, i.e., the device (of whatever configuration) that measures water flow and/or usage, as well as its enclosure, valve, and related appurtenances. (316) WATER SERVICE: The supply and provision of water from the Water System. (327) WATER SYSTEM: All of the System Assets necessary to properly supply, provide, and distribute domestic or culinary water to Customer Property. (33g) WATER SYSTEM BOND: Any bonded indebtedness issued for the purpose of constructing, enlarging, rehabilitating, or expanding the capacity of the Water System. (349) WATER SYSTEM LOAN: Any loan, the proceeds of which were used to construct, enlarge or increase Water System capacity or to rehabilitate any portion of the Water System. (3549) WATER USER: Any person—regardless of whether such person is a property owner, landlord, tenant, agent, or otherwise—who receives Water Service or who has the ability to receive Water Service on a Customer Property. Section 2. Amendment of Section 8-2-24 of the Iona City Code. Section 8-2-24 of the Iona City Code is amended as follows: 8-2-24: WATER SYSTEM CONNECTION FEE. For purposes of furthering the Equity Buy-In Methodology, the City establishes a Water System Connection Fee, imposed pursuant to this Section. (A) Findings. (1) The City owns and operates the municipal Water System and System Assets necessary to provide a sanitary, efficient, and satisfactory water supply system to Customers. The City has also established a Water System Capital Improvement Fund into which revenues derived from the operation of the System are deposited and from which all enterprise expenses are paid. A portion of the fund balance in such Water System Capital Improvement Fund is comprised of System Cash Reserves and a depreciation account sufficient to maintain the financial integrity of the System. All the System Assets were acquired with revenues derived from providing Water Service, ad valorem tax revenues, state and federal grants, and private"in lieu"grants or donations. (2) Whenever an Applicant connects to the Water System and becomes a New Customer, he or she receives the benefit of the Net System Value. The Net System Value is not considered in establishing the Monthly Water Service Rate or Monthly Water Service Fee charged to Customers pursuant to Section 8-2-28 of this Code, except to the extent necessary to pay debt service for indebtedness incurred to construct System Enhancements. (3) The Water System has the capacity to provide Water Service to a finite number of Customers in terms of cumulative capacity as well as peak demand,which capacity is a function of the limits set forth in the City's water rights and permits, as well as the mechanical capacity of the City to maintain satisfactory flow and pressure in the Water System, as necessary to provide for the health, safety, and welfare of the Customers and City residents. Whenever a New Customer connects to the System or whenever an Existing Customer enlarges his or her Service Line, such connection or enlargement diminishes the total capacity of the System to maintain adequate pressure and water supply. (4) The establishment of a System Water Connection Fee will provide a means for a "buy-in"of system equity by New Customers who connect to the Water System or by Existing Customers who enlarge their existing water service connections. (5) In Loomis v. City of Hailey, 119 Idaho 434, 807 P.2d 1272 (1991), the Idaho Supreme Court recognized that the Idaho Revenue Bond Act (Idaho Code § 50-1027, et seq.) authorizes collection of water and sewer connection fees as long as such fees are allocated and budgeted in conformity with the Idaho Revenue Bond Act and are not established primarily for the purpose of raising revenue. Specifically, the Court recognized that a city ordinance authorizing the collection of"equity buy-in" water and sewer service connection fees from new users based upon a formula which defines the current value of the system and fairly apportions a share of such value to the new user,was reasonable and did not require a new user to pay an excessive amount such as would constitute an unlawful tax. (6) This holding in Loomis, subsequently approved of in Viking Construction, Inc. v. Hayden Lake Irrigation District, 149 Idaho 187, 233 P.3d 118 (2010) and North Idaho Building Contractors Association v. City of Hayden, 158 Idaho 79, 343 P.3d 1086 (2015), forms the basis for the Equity Buy-In Methodology employed by the City. As explained there, for cities,"the cost approach is the most feasible method for valuation [of a municipal utility system]. Under that method, value is based upon the estimated cost of duplicating the improvements to the real property,minus accrued depreciation, plus the value of the land, if any." North Idaho Building Contractors Association, 158 Idaho at 82,n. 2, 343 P.3d at 1089, n. 2. (7) Customers who connect to a City-owned Water Main located immediately adjacent to their property receive a direct benefit from such Water Mains and such benefit is directly proportional to the length of the frontage of the Water Main along their property. Whenever such Water Mains are constructed at private expense or are donated to the City, the City may enter into reimbursement agreements with such private donors in order to allow such donors to recover a proportionate share of the costs of construction of such water mains, proportional to the length of frontage owned by such subsequent Customer along such Water Mains. However, the costs of such privately funded Water Mains is not included in the methodology used to calculate the Water System Connection Fee contemplated by this Chapter. (B) Imposition of Water System Connection Fee. No Applicant or New Customer shall connect to a City-owned Water Main, Service Line, Curb Stop, or Water Meter, nor shall an Existing Customer enlarge an existing Customer Line or Service Line connected to a Water Main, Curb Stop, or Water Meter, unless he or she has first paid a Water System Connection Fee, as established pursuant to this Section, in relation to each Customer Property to be connected or the Service Line of which is to be enlarged. Such Water System Connection Fee shall be collected by the City Clerk at the time a building permit is issued for any structure utilizing such connection or, if no building permit is required,then prior to the issuance of a permit under Section 8-2-13 of this Code. The amount of such Water Service Connection Fee shall be calculated in accordance with the methodology set forth in this Chapter. Notwithstanding the foregoing, no Water System Connection Fee shall be required if the connection is made or required solely for the purpose of providing fire protection capacity. (C) Methodology. The amount of the base Water Service Connection Fee at any applicable Connection Fee Calculation Date shall be calculated by dividing the Net System Value by the System Capacity (expressed in a number of EDUs) as calculated at the time of any Connection Fee Calculation Date and the resulting amount shall be the base Water Service Con ection Fee fora >C„sterr er Prope ty that : ected to the City Water System fo_ �� v vYv �, the first time after the relevant Connection Fee Calculation Date. This base Water Service Connection Fee shall be adjusted as set forth in Subsection (D) of this Section, as applicable to the particular Customer Property of the New Customer, or adjusted as set forth in Subsection (E) of this Section, as applicable to an Existing Customer making any changes to their Service Line. In the ev nt a: Existing C„stomer d sires t„ enl Water Service Connectiert-Fee-shathbe-equal-te-t.he-base-Water-S-erviee-C—ortneetien-FeeTas Service Connection Fee calculated with respect to the Customer's existing Service Line or a one inch Service Line, whichever is greater. Once the amount of the base Water Service Connection Fee has been determined by using such methodology, the City shall adopt a Resolution setting forth the amount of such base Water Service Connection Fee to be charged until a new connection fee is calculated on the next Connection Fee Calculation Date. (D) Fee Adjustments based on Service Line for New Customers. For purposes of calculating the Water Service Connection Fee for each Customer Property of a New Customer, the relevant fee shall be adjusted as specified in this subsection. (1) If the desired Service Line is one inch (or less) in diameter, no adjustment is necessary. (2) If the desired Service Line is more than one inch in diameter,but less than or equal to two inches in diameter, the Water Service Connection Fee shall be increased by the increase in cost to the City from the cost of a one-inch Service Line, as estimated in a fair and equitable manner by the Water Department as of the date of the request. (3) If the desired Service Line is greater than two inches in diameter,the Water Service Connection Fee shall be increased by an amount determined by the Water Department,with the written agreement of the Council. (E) Fee Adjustments for Existing Customers changing their Service Line. For purposes of calculating the Water Service Connection Fee for the Customer Property of an Existing Customer who desires to enlarge or expand the size of his or her existing Service Line Connection,the relevant fee shall be adjusted as specified in this subsection. (1) The base Water Service Connection Fee for the Existing Customer's current Service Line is calculated in accordance with Subsection(D), above. (2) Then, the base Water Service Connection Fee for the proposed enlarged or expanded Service Line is calculated in accordance with Subsection(D), above. (3) The adjusted fee is the result of the fee calculated in paragraph(E)(2),minus the fee calculated in paragraph (E)(1), above. Periodic Adjustment of Net System Value. Not less than once every five years, the Council shall review and adjust the base Net System Value as provided in this Subsection. the numerator of which is the CCI ENR for the year such adjustment is made and the denominator of which shall be the CCI ENR for the year 2017. The Net Cost of any System Enhancements (after adjustment by the CCI ENR index) made to the Water System since the last Connection Fee Calculation Date shall then be added to such adjusted Gross System Value and the resulting amount shall be considered as the Calculated Gross System Value for the following pened. The-Net System Value shall then be determined by the deducting from such Calculated Gross System Value any and all Outstanding of the then current Connection Fee Calculation Date. Using this newly calculated Net System Value, the amount of the base Water Service Connection Fee shall then be determined in accordance with the methodology set forth in Subsection(C) hereof. Section 3. Methodology. 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 or Code Section to another location is similarly shown as underlined text,being stricken through in its prior position. Section 4. Preservation of Prior Ordinance. The sections of the Iona City Code repealed and/or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution, punishment, and indebtedness of any person who violates such provisions prior to the effective date hereof. Section 5. 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 6. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this I 5—day of , 2023. Dan Gubler Mayor ATTEST: itu; 3 ^. �� rt��; ��,�, Keri West ' `: `• . A.) ;;; , City Clerk (SEAL) s �4," STATE OF IDAHO ) )ss. County of Bonneville ) I, KERI WEST, 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 SECTIONS 8-2-2 AND 8-2-24 OF THE IONA CITY CODE; MODIFYING DEFINITIONS AND CLARIFYING THE CALCULATION OF THE WATER SYSTEM CONNECTION FEE; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." Keri est City Clerk O'\W PDATA\DAR\.1 Prndmgl"/OH-20±1 Ciry oflom\ORUI V ANCES\W ata Syxtcm Cmcectim Fee ORD W I docx