HomeMy WebLinkAboutSewer Late Comers Agreement with Cris D. and Maria A. Williams for Lansbury Lane Subdivision SEWER LATE COMERS AGREEMENT
LANSBURY LANE SUBDIVISION
This Agreement made and entered into this 23rd day of October, 2001, by and between
CRIS D. AND MARIA A. WILLIAMS, hereafter referred to as "Developer", and the CITY OF
MERIDIAN, hereafter referred to as "City"
WITNESSETH:
WHEREAS, the City limits extend north of Cberty Lane and west of Meridian Road, including
Lanshury Lane Subdivision, but prior to this Agreement and comtmction referred to herein, a portion
of such area was not provided sewer service by the City; and
WHEREAS, in 1994 the Developer extended sewer line(s) fi.om existing sewer line(s) to an
area north of Cherry Lane and west of Mexidian Road, which sewer line extensions were able to
provide s~vice to land north of Cherry Lane and west of Meridian Road; and
WHEREAS, the sewer main constructed by the l)eveloper will benefit other land than only the
land being developed by the Developer; and
WHEREAS, the total sewer tine(s) constructed by the Developer in 1994 will benefit other
land than only the land developed by Developer; that the land that can be served by the 1994 sewer
tine(s) is shown in Exhibit "B", which is attached hereto and by this reference incorporated herein as if
set forth in full; that the land totals approximately 38.81 acres which, if developed under the zoning
shown on Exhibit "C", which is attached hereto and by this reference incorporated herein as if set forth
SEWER LATE COMERS AGREEMENT Page ~ 1
in full, with densities allowed in the zones shown on Exhibit "C", there could be 115 equivalent
residential units (F~If) in the 38.81 acres; that the Developers subdivision(s) consists of 41 ERU in
13.59 acres; that on the basis that 100% of the land not included in the Developer's subdivision would
be developed in ten years, the term that a late comers Agreement is allowed to mn, there could be 74
ERU in 10 years; and
WHEREAS, the total cost of constructhng the 1994 sewer line(s) was bome by Developer at a
cost of $27,563.65; whereas the sewer line(s) will benefit ~mbury Lane Subdivision which is being or
has been developed by Developer and that subdivision will contain 41 ERU on 13.59 acres, or 35.02%
of the total projected ERU to be benefited by the consmaction of the sewer line( s); therefore the cost to
l)eveloper to provide sewer service to his own subdivision would be $9,652.79; that by subtracting the
$9,652.79 from the total cost of $27,563.75, the total cost to all late comers is $17,910.86; and then
dividing the remaining projected number of ERU of 74 that could be served by the sewer line(s), there
should be a late comers fee of $242.04, plus interest, per ERU as shown in Table II. of Exhibit "C";
and
WHEREAS, Section 9-4-19 oftha Sewer Ordinance provides that the City may enter into
sewer line extension and reimbursement agn~ments and that section fi~ther provides that sew~ users
who subsequently connect to the extended sewer line(s) shall be charged an eight (8) inch diameter
sewer line equivalency fee; said fees ~e in addition to the connection and user charges normally
assessed a user due to the fact the user has not contributed to the cost oftbe extended line; the above
fee is here~er referred to as "Late Comer Fee"; the above ordinance section provides that the late
comers fee may be used to reimburse the person or persons so extending the sewer line(s).
WHEREAS, pursuant to Section 9-4-18 of the Sewer Ordinance, the City is required to
charge a Sewer Construction Equivalency Fee to any person or property owner who has not otherwise
paid for, or contributed proportionately toward the costs and expenses of constructing a sewer line,
SEWER LATE COMERS AGREI~MENT Page - 2
whether that constmefion has been performed by the City, a local improvement district or a pr?gate
entity, or combination ther~o~ and who subsequ~dy desires to connect to the City sewer system, shall
be required to pay an additional connection charge which shall be known and referred to as the "Sewer
Construction Equivalency Fee".
NOW, THEREFORE, IT IS HERFRY AGRF~FD AS FOLLOWS:
1. The above recitals are contractual and are incorporated herein as if set forth in full.
2, That the l)eveloper has engineered, planned, and constmctefi the tnmk sewer line(s)
shown in ExIn~it "A'', and which will benefit the land shown in Exhibit "B".
3. The Developer has contributed $27,563.65 to total const~ion costs of the above
sewer line(s) of which l)eveloper is entitled to be rdmbarsed the sum of $17,910.86 plus interest, as
shown in Exhibit "C", which represents land that could be served by the sewer line extension(s) but is
not included in Developer's subdivision.
4. That for all ERU in the land in Exhibit "W', subsequently connecting to the sewer
line(s) referred to in Exhibit "A", except the land in Lansbury Lime Subdivision, the City will charge
the sum of $242.04 plus interest, per ERU as shown in Table II. of Exhibit "C'; such users shall
hereaier be referred to as "LATE COMERS"; that the charge is the sewer construction equivalency
fee authorized in 94-18 and established by this Agreement, which fee shall herein be re,red to as
"LATE COMERS FEE"; the fee is in addition to any other sewer charges for connection to the sewer
system; the computation of the Late Comers Fee is shown on Exhibit "C" attached hereto and by this
reference incorporated herein.
5. That all the late comer fees asses,sed above in Paragraph 4 shall be set aside and
deposited to a spedal aw, om to be designated the "LANSBURY LANE SEWER PROJECT
REIMBURSEMENT ACCOUNT" and shall be distributed quarterly to the Developer.
6. That the late comer fees assessed, which will go into the LANSBURY IANE
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SEWER PROJECT REIMBURSEMENT ACCOUNT, shall increase at a rate of 4% per annum;
the late comer fees for years 1 through 10 are shown in Table i1 of Exhibit "C";
7. That the late comer fees shall he collected by the City fi.om all users subsequently
connecting to the line in Exhibit "A" for ERU in the land described in Exhibit "B", except the land in
Lansbury Lane Subdivision.
8. That the City shall charge the LANSBURY LANE SEWER PROJECT
REIMBURSEMENT ACCOUNT the 10% administrative charge as authorized under 9-4-t 9.
9. 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.
10. It is agreed that the sewer line(s) referenced in Exhibit "A" is the property of the City
and shall henceforth be maintained by the City at its sole cost and expense.
11 The term of this Agreement shall be until Developer has been reimbursed the principal
sum of $17,910.86 plus interest, as determined in Paragraph 6, less the 10% administrative fee or, if
this is not achieved, for a period often (10) years. If the Developer has not been reimbursed the
principal sum plus interest less administrative leos after ten (t 0) years from the date of this Agreement,
the Agreement may be renewed by mutual Agreement of the City and the Developer, at such fume as
the City ordinance allows for exteraion of a ten year time frame. If the City does not amend this
ordinance, then this agreement shall have a ten year life span. Developer shall not he entitled to any
other fee or reknlmrsement for said sewer lines.
12. This Agreement shall be binding on the assiges and successors of the parties hereto.
SEWER LATE COMERS AGREEMENT Page - 4
DATED this ~___ day of 0~-4-~b~' ,2001.
BY:
ATTEST:
~ERT-D. CORRIE, MAYOR
'~I~LIA~ O. BBRG, JR., I~FrY/'~LERK
STATE OF IDAHO,)
County of Ada,)
On this~f~:~:lay of ~~ 2001, before me~ the undersigned, a Notary Public in
and for said State, personally appemed ROBERT D. CORRIE and WILLIAM G. BERG, JR., known
to me to be the Mayor and City Clerk ofthe CITY OF i~RII)IA~, Idaho, and who executed the
within instnunent, and acknowledged to me that the CITY OF MERIDIAN executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offidal seal the day
and year first above written.
NOTARY PUBLIC FOR IDAHO
m:.SIDINaAX
MY COMMISSION EXPII~ES
SEWER LATE COMERS AGRlZJ~MENT Page - 5
CRIS D. AND MARIA A. WILLIAMS
CRIS D. WILLIAMS
STATE OF IDAHO,) : ss.
County of Ada,)
MARIA A. WILLIA~VIS
2001, before me, the undersigned, a Notary Public in and
for said State, personally appeared Cris D. and Maria A. W'flliams, and who executed the within
instrument, and acknowledged to me that they had executed the same.
IN WITNESS WHERF. OF, I have hereunto set my hand and affmed my official seal the day
and year first above written.
NOTARY PUBLICAVOR IDAP,~Q
MY COMMISSION EXPIRES .
SEWER LATE COMERS AGREEMENT Page - 6
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LANSBURY LANE SUBDIVISION
FEE COMPUTATIONS
EXHIBIT C
AREA DETERMINATION:
DEVELOPER'S AREA & ERU DETERMINATION
PARCEL REFERENCE ZONE ACRES DENSITY ERU's % OF TOTAL
Lansbury Lane Sub. R-4 13.59 3.02/Ac. 41 35.02
TOTALS 13.59 41 35.02
Table I
LATE COMER'$ AREA & ERg] DETERMINATION
PARCEL REFERENCE ZONE ACRES DENSITY ERU's % OF TOTAL
"A" (Salisbury Lane Sub.) R-4 13.78 2.83/Ac. 40 35.51
"B' R~4 I 1.44 4-2.93/Ac. 34 29.48
TOTALS 25.22 74 64.98
Table II
(Developer's Area Total + Late Corner's Area Total = Total Service Area)
13.59 Acres + 25.22 Acres = 38.81 Acres
DEVELOPER'S OFF-SITE SEWER CONTRIBUTION;
$27,563.65 Verified from Billings
DISTRIBUTION OF DEVELOPER'S CONTRIBUTION:
Developer's Off-Site Sewer Contribution: $27,563.65
Developer's Actual ERU's: 41
Developer's Percentage of Total Service Area: 35.02%
Developer's Share of Off-Site Construction Cost: =35.02% x $27,563.65 -- $ 9,652.79
LateComer's Share of Off-Site Construction Cost:=64.98% x $27,563.65 = $17,910.86
LATE COMER FORMULA:
(LateComer's Share of Off-Site Conslruetion Cost / Late Corner's ERU's = Late Comer Fee)
$17,910.86 / 74 ERU = $ 242.04 l~r ERU
Assume pay back period often years and an overall rate of growth of 100% within the latecomer area
over that ten years.
RF.l~b~y4a~eomers-~er ExhC
Page 1 of 2
REIMBURSEaMENT SCHEDULE:
The fees assessed to each latecomer shall be adjusted annually on October 1st, at a rate of 4.00%
per annum. The latecomer fees shall be as follows:
Effective Date Latecomer Fee per ERU
October 1, 1999 $242.04
October L2000 $251.72
October 1,200! $261.79
Ocmber 1, 2002 $272.26
October 1, 2003 $283A5
October.l, 2004 $294.48
October 1, 2005 $306.26
October 1, 2006 $318.5 I
October 1, 2007 $331.25
October 1, 2008 $344.50
Table 1~
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