HomeMy WebLinkAboutLate Comers Agreement with Waste Water Treatment Plant for Five Mile SewerFIVE MILE SANITARY SEWER LATE COMERS AGREEMENT
This Agreement made and entered irrto this 19th day of February 2002 and between the
City of Meridian, a municipal corporation of the State of Idaho, hereafter referred to as "CI'1'Y", and
the City of Meridian Wastewater Plant referred to as "CMWP".
WITNESSETH:
WHEREAS, the City limits extend north of Franklin Road and east and west of Locust Grove
Road; and west of Locust Grove Road south of Franklin Road, north of I-84; and east of T.ocust Road,
north of Franklin Road; and east of Locust Grove road, north of I-84, south of Franklin Road, west of
Eagle Road; and east of Eagle Road, north of I-84, south of Franklin Road; but prior to this
Agreement and construction referred to herean, a portion of such area was not provided sewer service
by the City; and
WHEREAS, the CMWP extended sewer lines from existing sewer lines to the area described
in the paragraph above which sewer line extension will be able to provide service to the land shown in
Exhibit `B", which is attached hereto and by this reference incorporated herein as if set forth in full;
that the land totals 628 acres.
WHEREAS, the sewer lines constructed by the CMWP will benefit other land than just the
land within which the line is located; and
WI-~REAS, the total cost of constructing the sewer lines was born by the CMWP at a cost of
$749,975.16, whereas with 628 acxes of service area and with an unpaid balance of $749,975.16 and
with 100% recapture at 70% build out, there should be a late comers fee of $1,706.04 plus irrterest per
acre or fraction therefore as shown in Table I, of Exhr~it "C"; and
SEWER LATE COMERS AGREEMENT Page - 1
199057/A~reen~ent/Ffvemile/12-5-01Frve Nfi1e Tnmk Late Cogs-sewer
WF~FRFAS, Section 9-4-19 of the Sewer Ordinance provides that the CITY may enter urto
sewer line extension and reimbursement agreements and that section fiuther provides that sewer users
who subsequently connect to the extended sewer line(s) shall be charged an eight (8) inch diameter
sewer line equivalency fee; said fees are in addition to the corntection and user charges normally
assessed a user due to the fact the user has not contnbuted to the cost of the extended line; the above
fee is hereafter 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,
whether that oonstruc~ion has been performed by the CITY, a local improvemerrt district or a private
entity, or combination thereoiy and who subsequently 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 HEREBY AGREED AS FOLLOWS:
1. The above recitals are contractual and are incorporated herein as if set forth in foil.
2. That the CMWP has engineered, planned, and constructed the trunk sewer line(s)
shown in Exhibit "A", and which will benefit the land shown in Exhibit "B".
3. The CMWP has contn~buted $749,975.16 to total construction costs of the above
sewer line(s) of which CMWP is entitled to be reimbursed the sum of $749,975.16 plus interest at the
rate of 4% to be accrued on the unpaid balance once a year at the City's fiscal year end 9/30 each year
for the terns of the agreement, for the land as shown in Exlu~bit "B" which represents land that could be
SEWER LATE COMERS AGREEMENT Page - 2
199057/A~eenreN/Fivemile/12-S-01Frve Mile Tnmk Late Comeis3ewer
served by the sewer line extension(s) as shown in Exhibit "A"
4. That for all land in Exlnbit "B", subsequently corn~c1ing to the sewer line(s) referred to
in Exhibit "A", charge the sum of $1,706.04 plus irnere~, pea acre or fraction thereof as shown in
Table I of Exhibit "C"; such users shall hereafter be referred to as "LATE COMERS"; that the charge
is the sewer construction equivalency f~ authorized in 9-4-19 and established by this ,Agreement,
which fee shall herein be referred 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 assessed above in Paragraph 4 shall be set aside and
deposited to a special account to be designated the "FIVE A+IILE TRUNK SEWER PROJECT
REIlVIBURSEMENT ACCOUNT" and shall be distributed quarterly to the CMWP.
6. Interest shall accrue on the per acreage charges at the rate of four percent (4%) per
annum. The interest shall be charged annually and be added to the base acreage charge. These
adjusted acreage charges are set out in Table I on Exhibit "C" which is attached hereto.
7. That the late comer fees shall be collected by the CITY from all users subsequently
connecting to the line in Exlnbit "A" for land descnbed in Exlnbit "B".
$. That the CITY shall charge the FIVE MII.E TRUNK SEWER PROJECT
REIMBURSEMENT ACCOUNT the 10% administrative charge as authorized under 9-4-19A4.
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 a~dmir~istrative 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.
SEWER LATE COMERS A Page - 3
199057/A~ee~nt/Fivemi1eJ12-5-01Five Mik Tnmk Late Comers-sewer
11. The term of this AgFeemerrt shall be until CMWP has been reimbursed the principal
sum of $749,975.16 plus interest, as determined in Paragraph 6, less the 10% administrative fee. If the
CMWP has not been reimbursed the principal sum plus interest less administrative fees after ten (10)
years from the date of this Agreemenrt, the Agreement may be renewed by mutual Agreement of the
CITY and the CMWP , at such time as the CITY ordinance allows for extension of a ten year time
frame. If the CIT Y does not amend this ordinances then this agreement shall have a ten year life span.
12. This Agreement shall ~ binding on the assigns and successors of the parties hereto.
/R' f~
DATED this ~ day of ~'~ bru a r ~ee~-Zr~o2 .
BY: MERIDIAN
,,~~~~ ~' " ' '• RO T D. CORRIE, MAYOR
ti~\~~~ ~~ ~r ~
~\ ~ ...
ATTEST: ;~
~.
w ~~ `: WILLIAM G. BERG, JR., C CLERK
~~
"` r'
3 ~ x ~ ~~
CTTY OF MERIDIAN
WASTEWATER PLANT
By ~
Superirrtendent
SEWER LATE COMERS AGREEMENT Page - 4
1957/AFivemile/12-5-01Five Mile Tnmk Late Crnne3s-sewer
STATE OF IDAHO,)
County of Ada, )
ss.
2
On this ~ day of Gvr~r~, 20(x; before me, the undersigned, a Notary Public in
and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JIt., known
to me to be the Mayor and City Clerk of the CITY OF MERIDYAN, Idaho, and who execarted the
within instiumerrt, and acknowledged to me that the CITY OF MERIDIAN executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
.••"•~.
i ~ ON S1j~e
i %~ T•S•l,~,,~~i
~i'~O ~~• •~tr s
. ~ ~ ^
SEAL ~ '
•
C„0. •
o s •.~Z.-
~~;~ ~ OF~.~i
•....•
STATE OF IDAHO,)
ss.
County of Ada, )
~~lfitY~,~i
NOTARY PUBLIC F(~~`~ ~G~~~
RESIDING AT ~ a .i,
MY COMMISSION EXPIRES D~-2~-d5
On this ~~day of a+"- ~, 2001, before me, the undersigned, a Notary Public in and
for said State, personally appeared 5cMn~.. Sln.~cwct•o
and known to me to be the Superintendent of the City of
Meridian Wastewater Plant, Meridian, Idaho, and who executed the within instrument on behalf of
said, and acknowledged to me that the City of Meridian Wastewater Plant executed the same.
IN WITNESS WHE1tEOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
tttteton~Q,e
.\ y6 ~ O
~:
t,... R~ ~ ,~~
SEAL ` ~ ~~° ~`~~~' '' ~~~~~"
- ~ ~e
~~ ~,~ ~
A Ys
~L~
V ~ Fi •
~~`d~oer6~ia~~sttitt
SEWER LATE COMERS A Page - 5
199057/A/Fivemi1e112-S-01Frne Mile Tnmk Late Co~eis-sewer
. ~ PART OF ORIGINAL T00 LIGNT
~..~ ; ~ 4
_
;
;
,
€ ~ ~ ~
1 , ~
m
,., n...,_., ~
_..~.... ~.~~. ~
t. "'
V
W
'~
~~
~a
..
~~
3 '
,~ fig..
~
~ g
~
~
,
,..._
drGY i7lJ
= ~ i
'
p ~ ,.,..~..,. ..,.~.,,.~ _.
_ ~~
.._.....
i
i ~ ~
~ ..
6' ~ -
.,.-a.., ,..,.... ~~~..~: - - -
S . ,,....:
s .,,~ -
~.
»
i I
q
r t
p
~,.,..__ ._,,...
_ .. y~ .... ~
i'~ s
~ .._ 3. ~E3'
t~.~ ,.
0
rn
rn
~~~
~~
O
as
2
a U
[x
W ~
~ FlGURE ND.
~~ PART OF ORIGINAL TOQ LIG~#T
EXHIBIT C
FIVE MILE TRUNK
SANITARY SEWER LATECOMER AGREEMENT
FEE COMPUTATIONS
LATE COME~t SERVICE AREA
As shown in Exhibit "B", the Late Comer Service Area is 628 acres
LATE COMER UNIT COST FORMULA
Assume payback period of ten years and a 70°i6 buildout fate over said ten years.
Late Comer Fee _ Fivemile Trunk Construction Cost
Acre (Total Service Area, ac) x ( 0°i6 Development)
LATECOMER FEE COMPUTATION
Late Comer Fee __ $749,975.16 $ 1,706.00 per Acre
Acre 628 X 70°~
Note: The above Late Comer Fee shall be applied to the total Late Comer acreage or fraction thereof.
REIMBURSEMENT SCHEDULE
The late comer fee assessed to each latecomer shall be adjusted annually on September 30 at an annual percentage
rate of 4°70. The late comer fee shall be as follows:
Table II.
Effective Date Late Comer Fee
9/30/2001 $ 1, 706.00
9/30/2002 $ 1, 774.24
9/30/2003 $ 1,845.21
9/30/2004 $ 1, 919.02
9/30/2005 $ 1,995.78
9/30/2006 $ 2, 075.61
9/30/2007 $ 2,158.63
9/30/2008 $ 2,244.98
9/30/2009 $ 2,334.78
9/30/2010 $ 2,428.17
,-
~~ , .
CITY Of a~~~~ !
~,- .. -
~Y1Gl~1~17 ~, ,.i~`~I
~~
~ ln~tlo
~~ / `!
~,~ j~ ,~
/rh~ !'REASURF VAL~XY
SINCE
1903
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Joseph W. Borton
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
City Attorney/HR
703 Main Street
898-5506 (City Attorney)
898-5503 (HR)
Fax 884-8723
Fire
540 E. Franklin Road
888-1234 / .fax 895-0390
Parks & Recreation
11 1N. Bower Street
888-3579 /fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533 /fax 888-6844
Police
1401 E. Watertower Lane
888-6678/fax 846-7366
Public Works
660 E. Watertower Lane
suite 200
898-5500 /fax 895-9551
- Building
660 E. Watertower Lane
Suite 150
887-2217 /fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191 /fax 884-0744
- Water
2235 N.W. 8th Street
888-5242 /fax 884-11.59
Notary Public for Idaho
Residing at: I~ C ~-~ r-col
Commission expires: ) ~ - / -,~''--) ~
CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1
BOISE IDAHO 03/09106 02;08 PM
DEPUTY Neava Haney II I I III III II III I IIIIIIII I II III I'll III
RECORDED-REQUEST OF
Meridian City 10606633
RELEASE OF AGREEMENT
SANITARY SEWER LATECOMERS AGREEMENT
for
FIVE MILE SEWER
and
CITY OF MERIDIAN
The agreement entered into February 19, 2002 by and between the CITY of
MERIDIAN, a municipal corporation of the State of Idaho, and City of Meridian
Wastewater Plant referred to as "CMWP" has been satisfied by the City, o£: ,;, ;,,
Meridian. We request you release the agreement recorded 2/28/200. '
instrument number #1020241.66. / ,,~~~~ ~~ ~?
C„t'', p~f, ., v
r' , f ~^yl r.. k~
__ ~ ~_ -
William G. Berg, Jr.
STATE OF IDAHO }
SS
County of Ada }
I ~ r ..,_~
~ Cl ~,~,~, `'j ` ,i ~~ ~~
~ ,
fy/ ~,, ~*, ,~ti,:
On this ~~~ day of yY1Gti~Cl~ , 2006, before
me, a Notary Public, personally appeared William G. Berg, Jr., know or identified
to me to be the City Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
Printed on recycled paper