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AN EMERGENCY ORDINANCE CREATING CHAPTER 13.11, OF THE MISSOULA MUNICIPAL CODE PERTAINING TO WATER SERVICE CHARGES. WHEREAS, the City owns a water system in the North Reserve area called the Missoula Water Works water system; and WHEREAS, the situation exists in the area of the water system where there’s current and ongoing land development; and WHEREAS, this development may connect to the water system outside of the original SID with no fees; and WHEREAS, the City incurs expenses as owners of this system. NOW, THEREFORE, it is recommended that the Council enact an emergency provision to enact this water service charge ordinance on this date, November 17, 1997. BE IT ORDAINED THAT Chapter 13.11 of the Missoula Municipal Code be created to read as follows: Chapter 13.11 WATER SERVICE CHARGES Section 1 13.11.010 Water System Background: The City of Missoula owns the water system that serves the area north of Mullan Road adjacent to North Reserve Street and Grant Creek Road. The water system is managed and operated by the Missoula Water Works, and the system was constructed under Special Improvement District (SID) 459. Section 2 13.11.020 WATER SERVICE CHARGES: No connection shall be made to the Missoula Water Works water system until the Public Works Department issues a written permit, and applicable water service charges have been paid to the City of Missoula. For property owners that request a connection to the Missoula Water ---PAGE BREAK--- improvements in SID 459, the water service charge shall include a fee which shall be the same as properties were charged in SID 459. Exception: Residential properties shall be assessed at a rate proportional to the area of the property. The area of assessment for residential properties will not exceed one half acre per residential unit. Section 3 Severability: If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or word have been declared invalid or unconstitutional, and if for any reason this ordinance provision will remain in full force and effect. Approved by the Mayor this 17th day of November , 1997. Martha L. Rehbein Mike Kadas City Clerk Mayor (SEAL)