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RESOLUTION NO. 95-16 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 Comp rehensive 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, 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 as follows: 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. ---PAGE BREAK--- 2 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 water/sewer extension costs to residential development: A. All improvements within a subdivision are the responsibility of the subdivider. B. For necessary off-site improvements, the subdivider will extend City water/sewer lines to the development. C. The City reserves the right to oversize, at City expense, the water and/or sewer lines required of a developer to properly service the development. D. Sewer lift stations required for a sanitary sewer operations will be the responsibility of the developer. E. The City of Moscow reserves the right to assess individual water and/or sewer connection fees to help fund oversizing costs. 7. The following policies apply with respect to water/sewer extension costs to commercial and industrial properties A. A commercial or industrial property in an undeveloped area (lacking water/sewer service) shall be responsible for laying water/sewer pipe to and across the front of the property. Water to ---PAGE BREAK--- 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. 3 C. Redeveloping commercial or industrial properties that are changing use and which have had water/sewer 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 water/sewer service by laying the appropriate line to the existing system at the expense of the developer/property owner. PASSED by the City Council and APPROVED by the Mayor this 18th day of December , 1996. Paul C. Agidius, Mayor