Loading...
HomeMy WebLinkAboutSewer Agreement with City of Meridian Sewer Department AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counsalors P.O. Bo)[ 427 Meridian, Idaho 83M2 Telephone 800.4461 AGREEMENT This Agreement made and entered Ae;,J,~---_--_. 1991, by and MERIDIAN~ a municipal corporation this ~ day of into between the CITY OF of the State of Idaho, hereafter referred to as "CITY", and the CITY OF MERIDIAN SEWER DEPARTMENT, hereafter referred to as "DEPARTMENTu. WIT N E SSE T H: WHEREAS, the City 1 imits extend south and east of Linder Road but prior to this Agreement and construction referred to herein, a portion of such area was not provided sewer service by the City; and WHEREAS, the Department extended sewer lines from existing sewer lines to an area east of Linder Road and south of Franklin Road in a portion of what was Crestwood Estates and is now known as Fenway Park Subdivision; and WHEREAS, the sewer lines constructed by Department will benefit other land in Fenway Park Subdivision; and WHEREAS, the total cost of constructing the sewer lines was born by the Department; and WHEREAS, Section 7-5278 of the Sewer Ordinance provides that the City may enter into sewer line extension and re-imbursement agreements and that section further provides that sewer users who subsequently connect to the extended sewer 1 ines shall be charged an eight (8) inch diameter sewer line equivalency fee; said fees are in addition to the connection and user charges normally AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephono 800.4461 assessed a user due to the fact the user has not contributed to the cost of the extended line; the above fee is hereafter referred to as ULate Comer Fee"; the above ordinance section provides that the late comer fee may be used to reimburse the person or persons so extending the sewer lines. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in full. 2. That the Department has engineered, planned, and constructed the trunk sewer 1 ine described in Exhibit "All, and which will benefit Lots 19-35, Block 5, Lots 1-19 (formerly Lots 1-18), Block 6, and Lots 24-28 of Block 1, as shown on Exhibit II A II . 3. The Department $25,205.75 has contributed to construction costs of the above line; at this time no person has contributed to the cost of such lines other than the Department. 4. That the City will charge all users in Lots 21-35, Block 6, the sum of $654.00, since sewer service stubs were installed for those lots, and $593.00 in the other lots marked and shown on Exhibit nAn, subsequently connecting to the sewer 1 ine referred to in Exhibit IIA" which such users shall hereafter be referred to as llLATE COMERS", which charge is the sewer construction equivalency fee authorized in 7-527B which fee shall herein be referred to as "Late Comer Feesll and which fee is in addition to any other sewer charges for connection to the sewer system. 5 . That all the late comer fees assessed above ln paragraph 4 Section 7-527B shall be set aside and deposited to a special AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counsolo'3 P.O. 80" 427 Meridian, Idaho 83642 Telophone 800.4461 account to be designated the "Fenvlay Park Re-imbursement AccountU, which shall hereinafter be referred to as the IIRe-imbursement Account; and shall be paid to the Sewer Department. 6. That the late comer fees which go into the Re- imbursement Account shall be adjusted annually on October Ist~ to reflect the then current cost of constructing said lines and to reflect interest which the City would have earned on the funds expended for the total cost of construction; the interest rate shall be based upon the prime rate of First Security Bank of Idaho, N.A.~ as of the annual date of adjustment. 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the 1 ines in Exhibi t ltA" for those lots herein mentioned. 8. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its administrative costs. 9. It is agreed that the sewer line referenced in Exhibit "A" is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 10. The term of this Agreement shall be until the Department has been re-imbursed the sum of $25,205.75~ but not longer than ten (10) years even if the $25,205.75 has not been paid to Department. 11. This Agreement shall be binding on the assigns and successors of the parties hereto. AMBROSE, FITZGERALD & CROOKSTON Attornoys and Counselors P.O. Box 427 Merldlon, Idaho 83M2 Tolephone llSll-4461 D ATE D t his 3 r ~~L day 0 f --L1~,s:.!:!L~r..C" STATE OF IDAHO,) , 1991. CITY OF MERIDIAN ~-r?r~~~OR " .c ,- - /~ ----- CITY CLERK (~- CITY OF MERIDIAN SEWER DEPARTMENT f;v/ ci~/ EARL WARD~ SUPERINTENDENT : 5 S D County of Ada, ) On thi s tf7!J--day of ~~..._. , 1991, before me, the u n d e r s i g n ed, a Not a r y pU15 11 C 1 n and for s aid S tat e , personally appeared GRANT P. KINGSFORD and JACK NIEMANN, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. I have hereunto set my hand and affixed and year first above written. (J1 ~ N aT AR~-fORrDAHO-----'--'-'-- RESIDING AT MERIDIAN, IDAHO IN WITNESS WHEREOF, my off i cia t.~S'~I}'Q'l'ltA;1 e day ~. S 'f ~"-'J., , A" 'J...,~~ ~~e@0&e@-o:;'1 I ... ~.?-" ~'\. \\:- t'J8;;,,;q b@ .."'" rP ...~I c.-s 0"" 0e /...... ~.,. ~ 0) "?!i. _ .0.1" (<'; ~ l} ~\ 0 ~ t\ 1:J; @ ~ ~ :: \~ . P ~ -- :: 5 ; - "k- Q; ,;f:'J r"" :;;"'%.~ lJS\\Ve'f :: -:. '& wP- (f :: ~...r @!F'::..~~ ....~ .t ll..:\~...., ;"""if: b.~"1.,' ..."......... 1;,,- Of \'0 \\\,,, S T A TF OF I DA'~O',lIr""\ s s . SEAL County of Ada, ) On this 4!J-- day of tJ~ , 1991, before me, the un der s fgned, a Not a ry--P"Lr6Trc-Tn-'anaror sa idS tate, personally appeared EARL WARD, known to me to be the Superintendent of the City of Meridian Sewer Department, Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the Ci ty of Meridi an Sewer Department executed the same. AMBROSE, FITZGERALD & CROOKSTDN Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 8884461 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 1~HH 1111;4. ~\~ n n ~Q.f, ~~~."\ V. V Aft ~"'''' ,," '-~ 0,,<>000"0 q / y,. .." ~""" ~ {)c. DO r" --*' .P~ ~ C::t '-(-rj0 @* ..,.... ~:. ::: "," o"'F 1'; 1:1 "", ... no eg ~_,~. \ .fi~I. p:. 0 :. ;: : ~ +;:; :: 0 Q ".. - l',i.. ~0 ~ - * " .- U \V '" ~- :: ~ ~_ 13 t.. ff '{::: -:.. Viii 010 i: ~ ~~ .."G~...~ "'J'4" ,j- #'i ~ 00QOZ,;:;o. ....... "'''-, l:! Or:: ~1\) ......... "'4 r ~ \,'" 'i1n!lIln"~ SEAL ~ NOT Y PU rUFOR' IDAHO RESIDING AT MERIDIAN, IDAHO