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RESOLUTION NO. 90-02 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF IDAHO, ESTABLISHING A POLICY REGARDING THE PROVISION OF MUNICIPAL WATER AND SEWER SERVICES WITHIN AND NEAR THE CITY OF MOSCOW. WHEREAS, the City of Moscow is desirous of developing a policy regarding the providing of water and sewer services that would promote public health and safety within the community and that could be provided in an economical and efficient manner consistent with the goals and policies established in the city of Moscow's Comprehensive Plan; and WHEREAS, the Moscow City Council considered and approved on November 4, 1985 a statement that the City of Moscow would continue to support and encourage the annexation of land that can be provided city services economically for reasons specified in the annexation statement; and WHEREAS, the unlimited extension of water and sewer services outside the corporate limits of the City of Moscow would encourage sprawl resulting in costly and inefficient utility systems and unnecessary encroachment of urban development into prime agricultural lands; and WHEREAS, it is the intent of the city of Moscow to establish an equitable system for constructing and financing the off-site costs of water and sewer lines such that the City will recapture its invested capital; and WHEREAS, the Moscow Planning and Zoning Commission considered this matter and prepared a recommendation to the Council on December 11, 1985, and the Moscow City council approved Resolution No. R-86-03 on this matter on January 20, 1986, and approved Resolution No. 88-14 on November 21, 1988; and WHEREAS, there exists or has existed developed areas near the City of Moscow that are not at the present time eligible for annexation but which possess the potential to create a serious health hazard to the residents of the Moscow community. NOW THEREFORE, be it resolved by the Mayor and Council of the City of Moscow, Idaho sitting as the governing board for Moscow, Idaho as follows: ---PAGE BREAK--- 1. All residents of the City of Moscow have the right to obtain city water and sewer services within the City of Moscow. 2. The city of Moscow will make water and sewer services available to properties annexed to the City of Moscow. Property eligible for annexation will be annexed when development of the property occurs or when requested by a property owner. 3 . The City of Moscow will continue to provide limited sewer services to the North Polk and Southeast Moscow Water and Sewer Districts in accordance with the agreements with the districts. 4. The City of Moscow may make city sewer and/or water services available, on a temporary basis, to properties located outside the city limits where an existing sewer or water system does not meet Idaho Department of Health or EPA standards and might pose a serious health problem, under the following conditions: a. That any subsequent development within the area served be constructed to applicable city standards. b. That property owners not oppose annexation when the property becomes eligible for annexation. c. That appropriate fees be established to cover operation, maintenance, and expansion costs of the facilities. 5. Water and sewer services provided pursuant to this resolution must be specifically requested by a property owner. 6. The following policies apply with respect to waterjsewer extension costs to residential development: a. All improvements within a subdivision are the responsibility of the subdivider. b. For needed off-site improvements, the subdivider may extend City waterjsewer lines to the development. c. Upon request, the City will construct trunk waterjsewer lines to the boundary of a sub division subject to a Local Improvement District or utility connection surcharge to recoup the city's investment in these improve ments. ---PAGE BREAK--- d. The amount of the per lot surcharge connection fee will be one-half of the estimated cost of constructing a waterjsewer line (not including oversizing, booster or lift station costs; but including fire hydrant costs) for a distance of 100 feet. The surcharge will be collected on a per connection basis for any connection not within the proposed subdivision. For lots within the subdivision, surcharges must be paid by the subdivider at the time of subdivision. e. Any connection made directly or indirectly to the line(s) will be subject to the surcharge. A surcharge on a given waterjsewer line(s) will terminate when the city investment, in cluding interest, has been recouped. 7. The following policies apply with respect to waterjsewer extension costs to commercial and industrial properties: a. A commercial or industrial property in an undeveloped area (lacking waterjsewer service) shall be responsible for laying waterjsewer pipe across the front of the property. Water to be sized for required fire flow or 1, 000 gpm and sewer to serve property or state minimums. b. Any property developed or redeveloped for commercial or industrial use within the City of Moscow will have adequate water to meet the design fire flow demand for the proposed structure or for the nature of the property being developed. c. Redeveloping commercial or industrial properties that are changing use and which have had waterjsewer service for a number of years shall be responsible for the off-site costs associated with providing for an increase fire flow demand that results from the redevelopment. d. The City will assure that the minimum fire flow at any existing fire hydrant within the City is at least 750 gpm. All new fire hydrants will have at least 1000 gpm fire flow. e. Any property within the city can have waterjsewer service by laying the appropriate ---PAGE BREAK--- line to the existing system at the expense of the developer/property owner. f. The City will extend waterfsewer lines to a property not serviced by water when there is a request by a commercial developer for those services, subject to a utility connection surcharge to recoup the City's investment in these improvements. g. The amount of the surcharge connection fee to be paid to the City for extending waterfsewer service lines to the property will be equal to the unit cost of the required service times the greatest lot dimension parallel to the service line. h. Any property subsequently developing adjacent to a line constructed by the City under this policy during a ten year period following construction shall pay a surcharge connection fee to the City. This fee shall be equal to the unit cost of the required service times the greatest lot dimension parallel to the service line. 8. The water and/or sewer surcharge fee to residential, commercial or industrial properties may be appealed to the City Council when, because of unusual circumstances such as topography, lot shape or configuration, the application of the rules provided in item 6 and 7 above would result in inequitable fees charged to the property owner. The Council shall have the authority in such cases to adjust the surcharge to reflect the intent of this policy. PASSED by the City Council and APPROVED this 22nd day of J aun by the Mayor 1990. c Paul c. AgidiSI Mayor ATTEST: