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HomeMy Public PortalAboutOrd. 754 - Extension of Water Service/Connections to Sewer SystemORDINANCE NO. 754 CITY OF McCALL, VALLEY COUNTY, IDAHO AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, STATING A PURPOSE; AMENDING TITLE SIX, SECTION 6-2-010 REGARDING THE EXTENSION OF WATER SERVICE; AMENDING TITLE SIX, SECTION 6-3-010 REGARDING CONNECTIONS TO THE SEWER SYSTEM; PROVIDING SEVERABILITY; REPEALING CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall desires to regulate connections to the City water and sewer systems; and WHEREAS, the City of McCall desires to extend City water and sewer service only within the city limits; and WHEREAS, the water system moratorium imposed by Ordinance 534, effective July 1, 1988, and conditionally removed by Ordinance 586—A, effective August 1, 1991, is no longer applicable; NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of McCall, Valley County, Idaho as follows: Section 1: The purpose of this ordinance is to allow new connections to the City water system and sewer system only upon annexation of the property to be served. Section 2: Section 6-2-010 relating to the extension of water service is amended to read as follows: 6-2-010 EXTENSION OF WATER SERVICE: Under no circumstances will City water service be extended outside the City of McCall corporate limits, except as a condition of annexation. City water service shall be extended to lots or parcels within the City of McCall corporate limits only if the following conditions are met: (A) The City engineer shall evaluate the proposed water main extension and the intended service area, and certify that the City's water system can support, with adequate flows and pressures, the proposed demands for the sizes and types of construction and fire exposure within the intended service area. (B) The cost of said evaluation and certification, the costs for fire hydrant tests (evaluating flow and pressure), recalibration of the City hydraulic model to incorporate the new calibration data and "record drawings" of the finished construction shall be borne by the applicant, unless the water extension project is initiated by the City. Page 1 of 2 April 12, 2001 Ordinance No. 754 Section 3: follows: Section 6-3-010 relating to sewer connections is amended to read as 6-3-010 SEWER SYSTEM WITHIN CITY; SEWER CONNECTIONS REQUIRED; PENALTY (F) Under no circumstances will City sewer service be extended outside the City of McCall corporate limits, except as a condition of annexation. (G) The City engineer shall evaluate any proposed sewer main extension and the intended service area, and certify that the City's sewer system can support the proposed demands for service within the intended service area. (H) The cost of said evaluation and certification and "record drawings" of the finished construction shall be borne by the applicant, unless the sewer extension project is initiated by the City. Section 4: Severability. This ordinance is hereby declared to be severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 5: Repeal of Conflicting Provisions: All provisions of the current McCall Municipal Code or ordinances of the City of McCall that conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 6: Effective Date: This Ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of a newspaper of general circulation in the City of McCall. APPROVED AND PASSED THIS 12th day of April 2001. 11,61,„ p6d, llan Muller, Mayor Cathleen A. Koch, City Clerk Page 2 of 2 April 12, 2001 Ordinance No. 754 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 statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 754 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on April 12, 2001 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 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 20th day of July 2001. Cathleen A. Koch, City Clerk Publisher's Affidavit of Publication STATE OFIDAHO -- .SS County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The 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 afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one 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 publica- tion of such notice began April 19, 2001 and ended April 19, 2001. Subscribed and s STATE OF IDAHO COUNTY OF VALLEY e this the 23rd day of April, 2001. On this 23rd day of April, in the year of 2001, before me, a Notary Public, personally appeared Carol J. Wright, 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 therein are true, and acknowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06 ORDINANC'E.N07 CITY.OF MCCALL, VALLE' +',COUNTY,'.IDAHO t.. . AN..ORDINANCE OF TI�sCITY"OF..t McCALI ; A MUNICIPAL'. CORPO.RATION;•;; OF.AHE. STATE OFII?AHO; STATING •( PURPOSE AMENDING'TITLE SIX SEC- TION 6 2=010 REGARDING t THE t� EXTENSION 0 OFF•WATER 'SERVICE;:: AMENDING TITLE SIX SECTION,6-3-0.10; REGARDING CONNECTIONS, TO iTHE i'nSEigP , SYSTEM PROVIDING SEVERABILITY REPT:ALINGCO FLIC'I` INGrPROVISIO1VS,s !PROVID1 G AN ` F.FFECnVE DATE 'V.HEREASathe City of3McC�alldesites'to; regtilateVelannections•ttortheCity water and sewer systems and 1t r , r` WHEREASSthe City of McCall desires to extend City tJater and sewer sernce only wethin ,� to t � ; � 5.., Z ETt syv.'�,• the'city limits: and e s (,WHEREAS, the water system moratonum: imposed byiQrdmailce;534, effective Jply I 1988 and conditeonally_removedbyOrdinance' 586-A effective August 1,' 199I'ts no longer: applicable NOW,THEREFORE BEI•TORDAINED I by the Mayor and C►ty'•Council of the City of McCall Valley County •Idaho,as follows;, ,. ectton 1 The pur ose of this ordinance is i;; to allow _hew aonnecnons to"the City.water.' 'system and sewer system only upon annexation of :the. property to?be'served . r) " ec io Seytion 6-2 010 relating to the extension•of water seriice es amended to read 6-2 g1O,EXTENSIOIZ OF WATER SER- VICE: +Under. no circumstances will City water service be extended outside the City of McCall corporateaimits, exeept as a condition of an= nexation. City.water service•shall be'extended to lots' 'or •parcels within-theCity of McCall corporate limits:only if, the following condi- tions are met; - (A) .The' City engineer shall evaluate the • proposed wafer, main=:extension and: the in- tended service area; and certify that the City's water system cansupport, with adequate flows and.'pressures; tbe'proposed tdemands.fOr the. sizes and types of construction.and fire expo- sure within the intended service area. (B) Thecost of'said"evaluation and certifi- cation, the costs ferfirehydrant tests (evaluating , flow • and •pressure), recalibration of the City • hydraulic .model to, incorporate the new calf- : • bratioi-dataatid:•'P`recbrd-drawings'.-Of the. : finished 'construction'Shall be"berm by. the . applicant, unless the water extension project is . initiated by the City*Y ,:: " •'• Sectionll6-3-010 relatingto sewer connecttoos is amended to read; as fol ••,`6 3 010'"-SEWER SYSTEM WITHIN'• CITY_ SEWER'•,CONNECTIONS„RE .I s QUIRED�:PENALTYY t;se i e),I.J.rider rib be extended outsideithe ty of McCall 1c "°poste f truits(except as �cond�poq of an i ,vexation :• (G) The City engtpeer ahall�eyaluate proposed seer main extensiontand theany en tended service area, artd certify that We City s j sewer systenii can support the "proposed de i imands for sernce within the intended'service r (f1)'fhe cost of said evaluation andce"ttifi ` •cation and "record drawings,'. of the,fineshed construction: shall be borne by.the applicant, unless extension l'itojeet is initiated by tiieCety`',: :' Section 4 Severabilrty , , This' ordinance' is hereby:' declared •to±be; severable; Should any provision of this ordi=, • nancebe•;declared. invalid by. a court, of competent: jurisdiction the remaining.prove- sionsshall continue in full force and effect an— ell shall:be read to batry out'the purpose(s) of the ordinance beforethe declaration•of partial,in- validity ;`- Section--5 Repeal of • Conflicting Prove- •,. AIL provisions:of the;euitent McCall Mu nicipal Code or ordinances of the City of McCall- Ihat con ict•with'the, provisions of this ordi- nance are;hereby repealed to the extent of such conflict Se6tion'6. Effective'Date • This Ordinance shall,take.effect and be in full force upon its passage, approval and pub- lication in one issue of a newspaper of general circulation in the City of McCall. - •' APPROVED AND PASSED THIS 12t° day of April 2001. • Allan Mu11er, Mayor.- . . ATTEST:: Cathleen A.. Koch, City Clerk ltc4/19::: `-