Resolution - 2007 - 03 - Emergency Moratorium For 182 Days/No Filing Of Any Application Subject To The Authority Of Ideq/Requiring Connection To Eagle Water Company - 02/13/2007
RESOLUTION NO. 07-03
CITY OF EAGLE EMERGENCY MORATORIUM
AN EMERGENCY MORATORIUM OF THE CITY OF EAGLE, COUNTY OF ADA, STATE
OF IDAHO, DECLARING AN EMERGENCY MORATORIUM FOR THE PERIOD OF ONE
HUNDRED EIGHTY TWO (182) DAYS; STATING THE FINDINGS AND REASONS FOR
A MORATORIUM; PROHIBITING THE FILING OF ANY APPLICATION SUBJECT TO
THE AUTHORITY OF THE IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY
REQUIRING CONNECTION TO EAGLE WATER COMPANY DURING THE TIME OF
THE MORATORIUM PERIOD; PROVIDING THE SCOPE OF THE EMERGENCY
MORATORIUM; PROVIDING FOR THE DURATION; PROVIDING THE SEVERABILITY
CLAUSE; DECLARATION DECLARING THE EMERGENCY.
Section I.
Emergency Moratorium
Pursuant to section 67-6523, Idaho Code, the City Council for the City of Eagle finds there is
imminent peril to the public health, safety and welfare that requires an emergency moratorium
for the period of one hundred eighty two (182) days, which applies to applications subject to the
authority of the Department of Environmental Quality for the Eagle Water Company (an investor
owned water company regulated by the Idaho Public Utilities Commission) (hereinafter "Eagle
Water Co.")
Section 2.
Findings
I. The Idaho Department of Environmental Quality's ("DEQ") January 3, 2007,
letter indicated their recommendation that Eagle Water Co. immediately cease
issuing will serve letters in their certificated area until DEQ agrees additional
hookups to the Eagle Water Co. system is allowed.
2. Eagle Water Co. supplies water to significant areas within the Eagle City limits.
3. The City of Eagle requires potable water to be available for new construction.
4. The Eagle City Council finds that imminent peril to the public health, safety and
welfare requires adoption of an emergency moratorium for the reasons set forth
herein.
Section 3.
Property Subiect to the Moratorium
The emergency moratorium declared herein applies to all real property located within the Eagle
Water Co. 's certificated area and is limited to new development applications subject to the
authority of the Department of Environmental Quality that would hook up to the Eagle Water
Co. water system.
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Section 4.
Declaration of Moratorium
In order to protect the health and safety of the public, the Eagle City Council hereby declares
an emergency moratorium for the period of one hundred eighty two (182) days or until the Idaho
Department of Environmental Quality verifies that new projects to be served by Eagle Water Co.
will be approved and the system is determined to be protective of the public health and safety of
the citizens of Eagle who are served by Eagle Water Co.
Section 5.
Scope of Moratorium
During the time that the emergency moratorium is in effect, no application subject to the
authority of the Department of Environmental Quality shall be filed or accepted requesting
approval of a project that would be served by the Eagle Water Co.
Section 6.
Duration
The emergency moratorium declared for this ordinance shall exist for the period of one
hundred eighty two (182) days from the date of passage and proclamation of the moratorium as
indicated in the paragraph hereof, unless terminated sooner by the City Council.
Section 7.
Severability
In the event that any court of competent jurisdiction enters its judgment or order declaring any
portion of this moratorium to be invalid, then such judgment shall only affect that portion of the
moratorium so adjudicated; all other remaining portions of this moratorium shall remain in full
force and effect.
Section 8.
Emergency
Based on the finding stated herein, the Eagle City Council finds there is imminent peril to the
public health, safety and welfare that constitutes an emergency and which requires a moratorium
as provided herein. An emergency existing therefore, which emergency is declared to exist, this
moratorium will be in full force and effect from and after its proclamation, passage and approval
and posting in at least five (5) places in the City of Eagle.
Regularly passed, approved and adopted by the Eagle City Council for the City of Eagle, Ada
County Idaho, this 13th day of February, 2007.
ATTEST
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