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HomeMy Public PortalAboutOrd. 673 - Water & Sewer Connection ChargesORDINANCE NO. 673 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO WATER AND SEWER CONNECTION CHARGES; CONFORMING THLE 6 OF THE McCALL CITY CODE TO ORDINANCE 669; PROVIDING FOR CHANGE OF USE, INTENSIFICATION OF USE, CESSATION OF USE, AND COMBINATIONS OF USE, WITH RESPECT TO CONNECTION CHARGES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. Section 6-4-050 of the McCall City Code is amended to read: 6-4-050: CONNECTION CHARGES: (A) Water: The initial service connection charges shall include a pro rata portion of the value of the water system, determined as replacement cost, less accumulated depreciation, less the principal of associated debt, plus the then amount of the Water Capital Improvement Fund and other cash reserves. The proration shall be accomplished on the basis of the maximum number of users that could be connected to the system existing from time to time. Until an accurate determination of replacement cost is accomplished, book value of the system may be used in the calculation. The connection charge shall also include labor, material and equipment. Se-rndeti-ef-tThe connection charge shall be deposited in the Water Revenue Fund and managed as provided by Ordinance 669 of the City of McCall adopted August 25. 1994. unless and until the water revenue bonds authorized by such Ordinance. and any subsequent debt instruments authorized by such Ordinance to be issued without further analysis of liquidity impacts on the City. are paid in full. es-is-net-fer The Mayor and Council shall by resolution and on a rational basis determine the connection charge according to this Section annually prior to the commencement of the construction season. (Ord. 607, 4- 23-92; am. Ord. 673, 9-8-94) (B) Sewer: 1. Trunk sewer and treatment plant connection charges, time of payment, disposition of charges: A trunk sewer connection charge shall be made and imposed upon and collected from every person before constructing a sewer service line by which to attach and connect the property to the sanitary sewer system of the City. The rate for each trunk sewer and treatment plant connection charge shall be in an amount fixed from time to time by the City Council by resolution. All trunk sewer and treatment plant connection charges shall be paid to the City Clerk and shall be deposited by the City Clerk into the Sewer Capital Improvements Fund. 2. :s$ewer service connection fee; permit; inspections; disposition of fees: A person constructing a sewer service line by which to attach and connect the property to any sewer system transporting sewage, industrial wastewater or other wastes and liquids to a City of McCall treatment plant shall pay a sewer service connection fee. The rate for each connection charge shall be in an amount fixed from time to time by the City Council by resolution, to be fixed and determiners by the City Council on a basis of equivalent single family residential unit; and the determination of such equivalence shall include the volume, type and content of liquid effluent and/or industrial wastewater discharged into the sewer system. All sewer service connection fees shall be deposited in the General Sewer Fund of the City. (Ord. 607, 4-23-9P ; am. Ord. 673, 9-8- 94) ORDINANCE NO. 673 page 1 of 3 printed September 9,1994 (C) Change of use; fee: Each water or sewer user changing use of his property now connected to the water or sanitary sewer system of the City of McCall shall pay the difference between the connection charges (water, trunk sewer and treatment plant charges, and sewer service connection charges) applicable to the use to which the property is being changed and the use to which the property had been previously applied. "Use" for these purposes means a land.u3e having a separate source classification in the Wastewater Flow Tables published by the Environmental Protection Agency: and "changing use" for these purposes means commencing a land use which is in a different such source classification than that land use which was previously in place. If, for example, a single family dwelling situated upon property now connected to the sewer system is demolished, and a duplex, triplex, multi -family, mobile home park, or commercial_gLindustrial_or institutional use is thereon constructed, the charge to be made for water, trunk sewer and treatment plant connection charges, and sewer service connection charges shall be the difference between the total of the charges provided by this Section above forthe prior land use on the one hand. and the new land use on the other hand. (Ord. 607, 4-23-92; am. Ord. 673, 9-8-94) (D) Each water or sewer user which intensifies use of its property now connected to the water or sanitary sewer system of the City of McCall shall pay the difference between the connection charges (water, trunk sewer and treatment plant charges. and sewer service connection charges) applicable to the volume of use to which the use is being changed and the volume of use which the use had previously applied. If for example a use. charges with respect to which are figured on a per -fixture. per -appliance. or per -room basis. adds fixtures, appliances. or rooms. an incremental charge is owed to the City. (Ord. 673, 9-8-94) (E) In the event that a land use ceases for a period of time which under Title 3 of this Code would constitute abandonment of a nonconforming use (foi purposes of this Title. whether or not the land use was in fact conforming). any right to a water or sewer connection for more than a single family residence also ceases. Any use of such property will require that new connection fees and charges be paid. (Ord. 673, 9-8-94) (F) In the event that a land use is proposed which would include activities having multiple separate source classifications in the Wastewater Flow Tables published by the Environmental Protection Agency. the charges shall be computed for each source included in the land use proposed. In the event the owner of the proposed land use proposes to install equipment or processes which would have the effect of using the effluent from one of such activities for the water source for another of those activities. or would otherwise have the effect of changing the volume or characteristics of the effluent towards a lessening of the treatment burden. the Council may after receiving a recommendation from the City Manager. vary the charges and fees accordingly. In such a case the City Mana,+er or his designee shall monitor the flows for a stated period of time . and may recommend to Council an adjustment of the charges based upon actual experience during that stated period of time. (Ord. 673, 9-8-94) Section 2. Section 6-4-140 of the McCall City Code is amended to read: 6-4-140: PAYMENTS TO WATER CAPITAL IMPROVEMENT FUND: All receipts from monthly charges for water use shall be deposited in the Water Revenue Fund and managed as provided by Ordinance 669 of the City of McCall adopted August 25. 1994, unless and until the water revenue bonds authorized by such Ordinance. and any subsequent debt instruments authorized by such Ordinance to be issued without further analysis of liquidity impacts on the City. are paid in full. Of the surplus funds which Ordinance 669 does not require be used for operations or maintenance. for the Water Project Capital Improvement Fund. for the Water Revenue Bond Fund. or for the Debt ORDINANCE NO. 673 page 2 of 3 printed September 9,1994 Service Reserve Fund, that portion fixed from time to time by resolution of the Council shall be transferred by the City Clerk into the Water Capital Improvement Fund. (Ord. 558-A, 9-26- 89, eff. 10-1-89; am. Ord. 607, 4-23-92; am. Ord. 673, 9-8-94) Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved September 8, 1994 AVGd.+,,, Dean Martens Mayor A'1"1 EST: James H. Henderson, City Clerk' ORDINANCE NO.673 page 3 of 3 printed September 9,1994 City of McCall Certificate of Recording Officer State of Idaho ) County of Valley ) I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of the City of McCall, Idaho, and that I am ,the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 673 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on September 8, 1994, and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting having been given; that a legal quorum was present throughout the meeting and that a legally sufficient number of members of the Council voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate., IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho this 9th day of September 1994. James H. Henderson, City .Clerk Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Ramona A. French, being duly sworn and say, I am the receptionist of The Central Idaho Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of aforesaid and is a legal newspaper; that the NOTICE OF ORDINANCE NO. 673, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for one consecu- tive week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began September 15, 1994 and ended September 15, 1994. Subscribed and sworn before rrte this t e 15th day of September, 1994. STATE OF IDAHO COUNTY OF VALLEY1. On this 15th day of September, in the year of 1994, before me, a Notary Public, personally appeared Ramona A. French, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements t erein are true, and acknowledged to me that she executed the sam i +I I. t �3 } Tom Grote Notary Public for Idaho Residing at McCall, Idaho 1 ) Commission Expires: 1999 ,, h .l 1+ RDINANCE N0.673 AN ORODINANCE OF THE CITY OF I McCALL, IDAHO, RELATING TO WATER AND SEWER CONNECTION CHARGES; CONFORMING TITLE 6 OF THE McCALL . CITY CODE TO ORDINANCE 669; PRO VIDING FOR CHANGE OF USE, INTENSIFICATION OF USE, CESSATION OF USE, AND COMBINATIONS OF USE, WITH ;RESPECT TO CONNECTION CHARGES; AND PROVIDING AN EFFEC- TIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OFTHE CITY OF McCALL, IDAHO, AS FOLLOWS: • Section 1. Section 6-4-050 of the McCall City Code is•amended to read: 6-4-050: CONNECTION CHARGES: (A) Water: The initial service connection charges shall include a pro rata portion of the value of the water system, determined as re- placement cost, less accumulated depreciation, less the principal of associated debt, plus the then amount of the Water Capital Improvement Fund and other cash reserves. The proration shall be accomplished oh the basis of the maxi- mum number of users that could be connected to the system existing from time to time: Until an accurate determination of replacement. cost is accomplished, book value of the system may be used in the calculation. The connection charge shall also include labor, material and equipment. Co much of tThe connection charge shall be deposited in the Water Revenue Fund and managed as provided by Ordinance 669 of the City of McCall adopted August 25, 1994, unless and until the water revenue bonds autho- rized by such Ordinance, and any subsequent debt instruments authorized by such Ordinance, to be issued without further analysis of liquid- ity impacts on the City, are paid in full. out fo,laLer,mat.,r:. undz.ga;pmentshallb.;hm.s- tLe Wata Capital L„preacmcnt Nod. The Mayor and Council shall by resolution and on a rational basis determine the connection charge according to this Section annually prior to the commencement of the construction season. (Ord. 607, 4-23-92; am. Ord. 673, 9-8-94) (B). Sewer: • 1. Trunk sewer and treatment plant connec- tion charges, time' of payment, disposition of charges: A trunk sewer connection charge shall be made and iinposed upon and collected from every person before constructing a sewer ser- vice line by which to attach and connect the property to the sanitary sewer system of the City. The rate for each trunk sewer and treat- ment plant connection charge shall be in an iamount fixed from time to time by the City iCouncala • -olution. i • 674-140: PAYMENTS TO WATER CAPI- ITAL IMPROVEMENT FUND: ,All receipts from monthly charges for water use shall be I deposited in the Water Revenue Fund and managed as provided by Ordinance 669 of the I City of McCall adopted August'25, 1994; un- less and until the water revenue bonds authorized by such. Ordinance, and any subse- quent debt instruments authorized by such Ordinance to be issued without further analysis of liquidity impacts on the City, are paid in full. Of the iiienthly el a,ge to each .ante. .,w.r surplus funds which Ordinance 669 does not require be used for operations or maintenance, for the Water Project Capital Improvement Fund, for the Water Revenue Bond Fund, or for the Debt Service Reserve Fund, that portion fixed from time to time by resolution of the Council shall be transferred by the City Clerk into the Water Capital Improvement Fund. (Ord. 558-A, 9-26-89, ef£ 10-1-89; am. Ord: 607, 4-23-92; am. Ord. 673, 9-8-94) Section 3: This Ordinance ,shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved September 8, 1994 Dean Martens, Mayor ATTEST: James H. Henderson, City Clerk lt9/15 + Alt mums sewer and treatment plallraiiiL nection charges shall be paid to the City Clerk f and shall be deposited by the City Clerk into the Sewer Capital Improvements Fund. 2. 7sSewer service connection fee; permit; + inspections; dispositioh of fees: Aperson con- structing a sewer service line by which to attach and Cormier the property to any sewer 4stein transporting sewage, industrial wastewater or other wastes and liquids to a City of McCall + treatment plant shall pay a sewer service con- nection fee. The rate for each connection charge shall be in an amount fixed from time to time by I the City Council by resolution, to be fixed and . determined by the City Council on a basis ;of equivalent single family residential unit; and the determination of such equivalence shall include the volume, type and content of liquid effluent and/or industrial wastewater discharged into the sewer system. All sewer service con- nection fees shall be deposited in the General Sewer Fund of the City. (Ord. 607, 4-23-92; am. Ord. 673, 9-8-94) (C) Change of use; fee: Each water or sewer fuser changing use of his property now con- nected to the water or sanitary sewer system of the City of McCall shall pay the difference between the connection charges (water, trunk sewer and treatment plant charges, and sewer service connection charges) applicable to the use to which the property is being changed and the use to which the property had been previ- ously.applied. "Use" for these purposes means a land use having a separate source classifica- tion in the Wastewater Flow Tables published by the Environmental Protection Agency; and "changing use" for these purposes means com- mencing a land use which is in a different such source classification than that land use which l was previously in place. If,' for example, a single family dwelling situated upon property r now connected to the sewer system is demol- ' ished, and a duplex, triplex, multi -family, • mobile home park, or.commercial or industrial or institutional use is thereon constructed, the charge to be made for water, trunk sewer and treatment plant connection charges, and sewer service connection charges shall be the differ- ence between the total of, the charges provided by this Section above for the prior land use on the one hand, and the new land use on the other hand. (Ord. 607, 4-23-92; am. Ord. 673, 9-8- 94), 02) Each water or sewer user which inten- ' sifies use of its property now connected to the water or sanitary sew ,r system of the City of • McCall shall pay the difference between the connection charges (water, trunk sewer and treatment plant charges, and sewer service con- ; nection charges) applicable to 'the volume of use to which the use is being changed and the volume of use which the use had previously - applied. -If -for -example -,a -use; -charges -with - respect to which are figured on a per -fixture, \ per -appliance, or per -room basis, adds fix- tures. appliances, or rooms, an incremental charge is owed to the City. (Ord. 673, 9-8-94)' (E_) In the event that a land use ceases for a • period of time which under Title 3 of this Code would constitute abandonment of a noncon- forming use (for purposes of this Title, whether or not the land use was in fact conforming), any right to a water or sewer connection for more than a single family residence also ceases. Any use of such property will require that new connection fees and charges be paid. (Ord. 673, 9-8-94) (Q In the event that a land use is proposed which would include activities having multiple separate source classifications in the Wastewa- ter Flow Tables published by the Environmental Protection Agency, the charges shall be com- puted for each source included in the land use proposed. In the event the owner of the pro- posed land use proposes to install equipment or processes which would have the effect of using the effluent from one of such activities for the water source for another of those activities, or would otherwise have the effect of changing the volume or characteristics of the effluent towards a lessening of the treatment burden, the Council may after receiving a recommen- dation from the City Manager, vary the charges and fees accordingly. In such a case the City Manager or his designee shall monitor the flows for a stated period of time , and may recommend to Council an adjustment of the charges based upon actualexperience during Yhat stated period of time. (Ord. 673, 9-8-94) . Section 2. Section 6-4-140 of the McCall City Code is amended to read: