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HomeMy Public PortalAboutORD-CC-2004-01ORDINANCE #2004-01 AN ORDINANCE AMENDING CHAPTER 13.25 OF THE MOAB MUNICIPAL CODE REGARDING WATER AND SEWER IMPACT FEES WHEREAS, the Utah Impact Fee Act mandates that municipalities establish ordinances and procedures for the equitable apportionment of costs for municipal capital improvements; and WHEREAS, the City has adopted an impact fee ordinance providing for standard water and sewer impact fees; and WHEREAS, development in the area north of Moab city limits necessitates the construction of a water line with sufficient capacity to meet build out projections for the area (North Area Waterline South Loop); and WHEREAS, a property owner has agreed to pay for all costs associated with the construction and installation of the North Area Waterline South Loop subject to a cost reimbursement agreement whereby the City collects impact fees from future connections to said line and reimburses said property owner for the cost of the North Area Waterline South Loop; and WHEREAS, an impact fee for the North Area Waterline South Loop is needed to ensure equitable apportionment of the cost of the waterline; NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB HEREBY AMEND CHAPTER 13.25 13.25.030, AS FOLLOWS: Section C shall be added to Section 13.35.030 Service Areas, to read as follows: C. The Service area for the North Area Waterline South Loop impact fee shall include properties connecting to the North Area Waterline South Loop. Existing customers with city water service prior to the adoption of this fee that connect to the North Area Waterline South Loop will not be required to pay this impact fee except to the extent that such a customer increases their peak instantaneous demand after the adoption of this fee. Section D shall be added to Section 1325.060 Calculation of Impact Fees, to read as follows: D. Water Impact Fees for properties connecting to the North Area Waterline South Loop shall be as follows: Ordinance #2004-01 Page 1 of 2 March 9, 2004 peak instantaneous demand created by development (in gallons per minute) 2260 gallons per minute plus 'peak instantaneous demand created by development x $242,840 2260 gpm x $242,840 .05 x number of years from June 30, 2003 This fee shall remain in effect until 10 (ten) years after adoption. Peak instantaneous demand shall be calculated using State of Utah Administrative Rules for Public Drinking Water Systems. This ordinance shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of the City of Moab in open session this 961 day of March, 2004. Mayor David L. Attest: Rachel Ellison City Recorder akrison Ordinance #2004-01 Page 2 of 2 March 9, 2004 Proo: if Publication MAR 1 2004 CITY OF MOAB PUBLIC HEARING ORDINANCE #2004-01 The City of Moab will hold a Public Hearing on Tuesday, February 24, 2004 at approxi- mately 7:30 p.m. in the Council Chambers of the Moab City Offices at 115 West 200 South, Moab, Utah. The purpose of this hearing is to solicit public input Ordinance #2004-01 - An Ordi- nance Amending Chapter 13.25 of the Moab Municipal Code Regarding Water and Sewer Impact Fees. In compliance with the Americans with Disabilities Act, indi- viduals needing spe- cial accommodations during this meeting should notify the Recorder's Office at 115 West 200 South, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) work- ing days prior to the meeting. /s/ Rachel Ellison City Recorder Published in The Times -Independent, Moab, Utah February 12 and 19, 2004. STATE OF UTAH, ss. County of Grand, Samuel J. Taylor or Adrien F. Taylor, being first duly sworn according to law, deposes and says: That he/she is the co -publisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice Ordinance Hearing hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 2 consecutive issues, the first publication date having been made Feb . 12 , 2004 ;and the last on Feb . 19 , 2004 ;and the said notice was published in each and every copy of said newspaper during the period and time of publication, and that it was published in the news- paper proper and not in a supplement thereof. Co -Publisher Subscribed and sworn before me this My C Notary Public Residing at Moab, Utah THOMAS S. TAYLOR NOURYPU9,'10•STRE017q 29 EAST CENTER MOAB, UT 84532 COMM. EXP. 10-17-2004