Ordinance - 2004 - 479 - Amend Title 6, Chapter 5 Water Supply Ordinance - 07/27/2004ORIGINAL
SCANNED
ORDINANCE NO. 479
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
TITLE 6, CHAPTER 5, OF THE EAGLE CITY CODE, AMENDING SECTION 6-5-23,
PROVIDING REQUIREMENTS FOR THE PROVISION OF WATER SUPPLY AS A
CONDITION OF ANNEXATION AND/OR APPROVAL OF NEW DEVELOPMENT
WITHIN THE CITY OF EAGLE, IDAHO; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Eagle wishes to safeguard and conserve the public water
supply and provide a safe and sufficient water supply to its citizens; and
WHEREAS, the City of Eagle desires to provide water service to its citizens at
the most economical cost; and
WHEREAS, the City of Eagle desires to foster optimum land use and
development within the City of Eagle and equitably allocate costs of development; and
WHEREAS, the City of Eagle finds and determines that a single, interconnected
municipal water system owned by the City is in the best interests of the citizens of the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1. Title 6, Chapter 5, Section 23 of the Eagle City Code is hereby amended
with new Section C to read as follows:
6-5-23
C. As a condition of annexation into the City and/or as a condition of approval of
new development within the City. the landowner and/or developer shall:
1. Secure suitable surface water rights adequate to satisfy all irrigation.
aesthetic, amenity, or recreation needs of the proposed development and/or property
proposed to be annexed and transfer or assign said water rights to the City for
inclusion into the City's municipal water supply system. Said water rights must be
valid. existing water rights recognized by the Idaho Department of Water Resources
(the "Department"). If any transfer. amendment or other proceedings are reauired
under Idaho Code or Department Rule or Regulation for the City's use of such water.
the owner and/or developer shall be solely responsible for the City's costs of
completing the same and the City's costs of obtaining all necessary approvals from
the Department as a condition of annexation and/or development. including costs
associated with mitigation; and
K:\COUNCIL\Draft Ordinances\Ord 479 dft.doc
2. Secure suitable groundwater rights adequate to satisfy all groundwater
needs of the proposed development and/or property proposed to be annexed and
transfer or assign said water rights to the City for inclusion into the City's municipal
water supply system. Said water rights must be valid. existing water rights permitted
or licensed by the Department. If any transfer. amendment or other proceedings are
required under Idaho Code or Department Rule or Regulation for the City's use of
such water, the owner and/or developer shall be solely responsible for the City's costs
of completing the same and the City's costs of obtaining all necessary permits and
approvals from the Department as a condition of annexation and/or development.
including costs of mitigation; and
3. Pay for the City's costs of construction of municipal supply well(s)
necessary to meet the demands of the proposed annexed propertv and/or new
development. The City Engineer shall determine the necessary location, number, and
capacity of well(s) based upon the proposed development or other improvements.
Said wells shall be constructed to City standards. The owner and/or developer shall
be solely responsible for the City's costs of obtaining all necessary permits and
approvals for such wells as a condition of annexation and/or development. including
the costs of any required mitigation. The design and construction of municipal supply
wells shall be reviewed and inspected by the City Engineer; and
a. At the option of the City. demands arising from more than one
development may be served by a single well or centralized well with the
costs thereof apportioned to the participating developments in proportion
to their water demands.
4. Any well construction or development of groundwater resources shall be
prohibited within the City's municipal water service area except as may be set forth in
a development agreement or by a special-purpose permit issued by the Building
Official and approved by the City Council.
5. The requirements for obtaining surface water rights for irrigation,
aesthetic, amenity, or recreation. needs may be waived if the City determines that the
landowner and/or developer is entitled to a waiver under Eagle City Code 9-4-1-
9C(2) and that the landowner and/or developer cannot secure surface water rights by
appropriation or transfer to the proposed development and/or property proposed to be
annexed.
K:\COUNCIL\Draft Ordinances\Ord 479 dft.doc
Section 2. This ordinance shall take effect and be in force from and after its passage,
approval, and publication as required by law. In lieu of publication of the entire
Ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may be
published.
DATED this .27/4day of ru.tj , 2004.
ATTEST:
Sharon K. Bergman, City lerk/Treasurer
K:\COUNCIL\Draft Ordinances\Ord 479 dft.doc
CITY OF EAGLE
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Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: G I 0 T �0. Identification:
Address: 310 P. ,Sh-k- S+ .
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ORDINANCE NO. 479
Run Dates:
Number Lines
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AN ORDINANCE OF TFIE CITY OF EAGLE, ADA COUNTY, IDAHO, AMEND-
ING TITLE 6, CHAPTER 5, OF THE EAGLE CITY CODE, AMENDING SEC-
TION 6-5-23, PROVIDING REQUIREMENTS FOR THE PROVISION OF WA-
TER SUPPLY AS A CONDITION OF ANNEXATION AND OR APPROVAL OF
NEW DEVELOPMENT WITHIN THE CITY OF EAGLE, IDAHO; AND ESTAB-
LISHING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle wishes to safeguard and conserve the
public water supply and provide a safe and sufficient water supply to its citizens; and
WHEREAS, the City of Eagle desires to provide water service to its
citizens at the most economical cost; and
WHEREAS, the City of Eagle desires to foster optimum land use and
development within the City of Eagle and equitably allocate costs of development;
and
WHEREAS, the City of Eagle finds and determines that a single, inter-
connected municipal water system owned by the City is in the best interests of the
citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUN-
CIL OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1. Title 6, Chapter 5, Section 23 of the Eagle City Code is hereby amended
with new Section C to read as follows:
6-5-23
C. As a condition of annexation into the City and/or as a condition of approval of
new development within the City, the landowner and/or developer shall:
1. Secure suitable surface water rights adequate to satisfy all irrigation, aes-
thetic, amenity, or recreation needs of the proposed development and: or
property proposed to be annexed and transfer or assign said water rights to the
City for inclusion into the City's municipal water supply system. Said water
rights must be valid, existing water rights recognized by the Idaho Department
of Water Resources (the "Department"). If any transfer, amendment or
other proceedings are required under Idaho Code or Department Rule or Regu-
lation for the City's use of such water, the owner and/or developer shall be
solely responsible for the City's costs of completing the same and the City's
costs of obtaining all necessary approvals from the Department as a condition
of annexation and/or development, including costs associated with mitiga-
tion; and
2. Secure suitable groundwater rights adequate to satisfy all groundwater needs
of the proposed development and/or property proposed to be annexed and
transfer or assign said water rights to the City for inclusion into the City's
municipal water supply system. Said water rights must be valid, existing water
rights permitted or licensed by the Department. If any transfer, amendment
or other proceedings are required under Idaho Code or Department Rule or
ICEIVED & FILED.
r CITY OF EAGLE
AUG 20 2004
File.
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Ion, being duly sworn, deposes
That he is the Principal Clerk of
eekly newspaper published at
ty, State of Idaho; that the said
n general circulation in the said
1, and in the vicinity of Meridian,
:, and has been uninterruptedly
said County during a period of
secutive weeks prior to the first
ice, a copy of which is attached
that the notice was published in
conformity with Section 60-108,
as amended, for I time(s)
I entire issue of said paper, and
newspaper proper, and not in a
that said notice was published
on the following dates:
►. 1 100
2
STATE OF IDAHO )
)SS
COUNTY OF ADA )
6 /4+4.1 in the year of 2004
ary Publ, personally appeared
dentified to e to be the person
scribed to t : within i : rument,
rst duly s , decl- -d that the
e, and owl d to me that
i e e 'ted the same.
Notary Public for Idaho
Residing at Boise, ID
issn expires: AuFaca- DeoL