451 Sewer UseI ~~•:
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° ORDINANCE N0. ~/~:^-
AN ORDTNANCE OF THE CITY OF MERIDIAN AMENDING TITLE 7,
CHAPTER 5, OF THE REVISED AND COMP.ILED ORDINANCES OF THE.
CITY OF MERIDIAN, ENTITLED SEWER USE, BY THE ADDITTON
THERETO OF A NEW SECTION WHICH SHALL BE KNOW AS "SECTION
7-527 A: PAYMENT OR CONTRIBUTION OF PROPORTIONAT~E COSTS AND
EXPENSES OF CONSTRUCTING SEWER LINES;' CO-OPERATIVE
AGREEMENTS"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian have concluded that it is in the best interest of
the City of Meridian to amend Title 7, Chapter 5, SEWER
USE, of the Revised aad Compiled Ordianees of the City of
Meridian; and ~
WHEREAS, under ldaho Code, 50-302, the City of Merdian
has authority to make such ordinances, rules, regulations
and resolutions as may be expedient to maintain the good ~
~
government and welfare of the City and its trade, commerce
1
AMBROSE,
FITZGERALD
8 CHOOKSTON
, Attomeys and
Counselors
P.O. Box 427
~ Meridlan, Idaho
83842
TelephoneB88-~181
and industry; and
WHEREAS, under ldaho Code 50-304, the City has the
auth,ority to pa~ss all ordinances and make all regulations
necessa.ry to preserve the public health; and
,~
~~ ~ W~i~EREAS, '°-under ~° Id~aho Code 50-301, the City of
j '.
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Meridian is a body corporate and politic ancl has the
,~ author'ity• to~ contract -and be contracted with and acquire
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hold, lease, and convey property, real and personal, and
may erect buildings or structures of nay kind, needful for
the user or purposes of the City and may exercise all
powers and perform all functions of local~self-government
in City affairs as are not specifically prohibited by or in
conflict with the general laws or the Gonsititution of the
State of Idaho; and
WHEREAS; under ldaho Code, 50-315, the Gity, may ~
provide the repairing, rebuilding and relaying of sewer or
~, other improvements; and
WHEREAS, under ldaho Code, 50-323, the City is
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empo,wered, ;to establish, create, develop, maintain and
operate domestic water systems; provide for domestic water ~
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- from~~wells, streams, water shed or any other source;
,_provide for storage, treatment and transmission of the same
to the inhabitants of the City; and to do all things
necessary to protect the source of water from
contamination; and
AMBROSE,
FIT2GERALD
d CROOKSTON
Attorneys and
Couneeloro
P.O. Box.127
Merldlan, Ida~o
83842
Telephone 888~4181
WHEREAS, under ldaho Code, 50-331, the City is
authorized to clear, cleanse, alter, straighten, widen,
pipe, fill or close any waterway, drain, or sewer or any
watercourse in the City and assess the expense therof in
whole or in part to the property specifically benefited '
thereby; and
WHEREAS, under ldaho Code, 50-1028, the City has the
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duty to manag~e~~its-water and sewer facitlities in the most
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eff~ecient manner consistent with sound economy and public
~ advantage ~to'y ;the' end that the water and sewer servic~es are
furnished at t•he lowest possible cost and is reqnired to
~~ operate such facilitites for the use and benefit of those
served by the facilities and for the promotion of the
welfare and for the improvement of the health, safety,
comfort and convenience of the inhabitants of the City; and
WHEREAS, under ldaho Code, 50-1030, the City has the
power to acquire by gift or purchase; to construct,
reconstruct., improve, better or extend sewer and water
facilities and works; power to prescribe and collect rates,
fees, tolls or charges for the services, ;facilities and
commodities furnished by its water and sewer works and to
provide methods of collections and penalties; and
WHEREAS, under ldaho Code 50-103-2, the City has the
duty to prescribe and eollect reasonable rates, fees, tolls
or charges for the sewer and water sexvices and the duty to
re~ise such rates, fees, toiTs or charges from time to time
to provid~e that the sewer and water facilities shall be and
AMBBOSE,
FITZGERALD
6CROOKS70N.
Attorneys and
Counselors
P.O. Bdz 427
Meridlan, Ideho
83842
Telephone 888~4481
always remain self-supporting; and
WHEREAS, under ldaho Code, 50-1033, tfie City has the
right to appropriate, apply or expend the revenue of the
sewer an~d water works to pay and discharghe notes, bonds or
other obligation-s and interest thereon which mag or may not
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constitute a lien, charge or encumbrance on the revenue of
the sewer and water works revenue which such notes, bonds
or other obligations may have been incurred for the purpose
of financing the acquisition, construction; reconstruction,
improvement; bett.erment or extension of such sewer and
water works; and the right to provide a reserve for !
improvements to such water a-nd sewer works.
NOW THEREFORE, BE fiT ORDA:INED BY THE MAYOR OF THE CITY
OF MERIDIAN, AND THE CITY COUNCZL OF THE C+ITY OF MERIDIAN,
ADA COUNTY, TDAHO:
Section l. That Title 7, Chapter 5, of the Revised and
Compiled Ordinances of the City of Meri,dian shall be
amended by the addition of a mew section ;which shall be ,
known as "Section 7-527 A" and which section shall read as
f ollows:
7-527 A: PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS
AND EXPENSES OF. CONSTRUCTING SEWER LINES; CO-OPERATiVE
AGREEMENTS:
AMBROSE;
FITZGERALp
&'CROOKSTON
(~1) Notwit.hs,tanding any of the provisions of this
chapter, Sewe'r Use, any perso~n, firm, partnership,
c~orporation ~Y or ~association or property owner who has not
; ot~herwise pai,d; ~for~, ox ~c.ontributed proportionately toward
`the` eosts and expenses of constructing a. sewer line,
`' ~_ whet~her that constr'u.cti~on has been performed bg the City, a
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Atlorneysand' ~
Counaelorb ~ ~
P.O.~Bbx 427 " ~ , ~
Meridlen, idaho
83842
Telephone 888-4~81 '
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local improvement district or a private entity, and who
subsequently desires to connect to the City sewer system,
shall be required to pay, in addition to the required
connection charges of Section 7-535 and the monthly user
charges of Section 7-533, an additional connection charge
' which shall be known as an "Eight (8) Inch Diamteter Sewer
Line Equivalencey Fee" which shall be computed as follows:
(a) For residential building lots fronting on an
installed sewer lirne the assessment shall be
;
made and based on one of the following para-
meters for a maximum lot depth of,; lI0 feet:
„ ;
~, ~''l)`.Existing sewer in paved street with, service
connection and service lines installed---
,~ - ~ • $0.25/square foot of lot area;or
, 2) Existing sewer in paved street without
service connection or service lines in-
stalled---$0.18/square foot of lot area; or
3) Existing sewer line in gravel street with
service connection and service lines in-
stall.ed---$-0.12/square foot of lot area; or
4) Existing sewer line in gravel street without
AMBROSE,
FITZGEfiALD
8 CROOKSTON
Attorney9 and
Counsetors
P:O.'Box 127
Morldien, Idaho
83812
Telephone 888i181
service connections or service lines in-
stalled---$0.10/square foot of lot area.
(b) The charge for eac:h lot, parcel or tract of land
exceeding a standard residential building lot
AMBROSE,
FITZGEFiALD
~BCROOKS70N
Attorneys and
Counselors
P'.O. Boz 427
Merldian, Idaho
838t2
Telephone888-4r81
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_ ; `~ having ,a, maximum depth of 110 fee~t shall be
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~-' ' - fixed~~and determined by the City Engineer and
', ~ ' '- t1ie,, Sewer Superintendent based upon, but not
limited to, the benefits derived and the pro-
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' ~ portionate costs and expenses, in,then current
dollars, of engineering and construction of the
sewe.r line.
Section 2. Should a sewer user- at his own expense
construct an extension to,the sewer system in a public
, right-of-way or easement with prior appropal of the City
and in accordance with the standards and ~designs of the
~ City and wich sewer line extension has been determined by
the City to be able to benefit properties other than the
user, the sewer user.constructing the extension may request
t,hat the City enter into an agreement with the user such
that all or a portion of the costs of extending the sewer
line will be reimbursed to that sewer ,user from the
connection charges collected under paragraph one (1) above
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from those property owners who will benefit from the sewer
li~ne extension and who otherwise have not paid or
contributed their proportionate share to that sewer line;
PROVIDED HOWEVER, no reimbursement agreeme~nt shall have a
duration g:reater than ten (101 years,; no reimbursement
agreement shall pay to the sewer user paying for or
constructing a sewer line extension more t~han one hundred
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per cent (100$) of his actual engineering and construction
costs, it being noted that in most cases at least some of
the cost would ordinarily be assessed to the sewer user's
own property; no reimbursement agreement shall provide for
interest to be paid to the sewer user; the City shall be
entilted, shall charge and shall receive ~,a ten per cent
(10$) administrative fee for handling the accounting,
auditing, and payment of the reimbursement payments made to
the sewer user so extending the sewer line and having
reached a reimbursement agreement with the Cit.y; the
rei_mbursement agreement shall be persona,l to the sewer user
entering into if arid shall not be assigned without the
written consent of the City, which consent will not be
AWIBROSE,
FITZGERALD•
&CROOKSTON
Attorneys and
Counselora
P.O: Box t27
Maridlen, Idafio
83842
Teleplione 988-l481.
unreasonable withheld; that the agreement shall be binding
on the sewer user and his assigns, successors, heirs, and
executors and may be recorded as an en.cumb~ranee against the
property of the sewer user; that the sewer user shall be
a
required to indemnify and hold the City harlmless from any
and all l.i.ability whatsoever until the sewer line has been
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accepted for maintenance by the City; that all lines once
ac.cepted by the City £or maintenance sh~all thereafter
becom~~.- pa.rt of ,,the City Sewerage system and be the sole
~:property_ of the Citg of Meridian.
, %~ Section 3, - WHEREAS; 'there is an emer~gency therefore,
:~ which `emergeney ~is.-'-hereby declared t;o exist, this
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Ordianance shall take effect and be in force from and after
is passage, approval and publication as required by law. ~
PASSED-By the City Council and approved by the Mayor of
the City of Meridian, Ada County, ' this'~th day of August, „
1985. ~
APPROVED• ~
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MAYOR, GRANT KIN SFORD
AMBROSE,
FITZGERALD'
6CROOKSTON
At{oineys and
Counseloro
. P.O. Box 427
Meridlen, Idaho
93842
Telephone 888~18/
~ ATTEST:
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24'0
taken; that the meeting was duly held; that the persons were present at said meeting
as therein shown; and that such meeting was called and notice thereof given in the
~ manner prescribed by the bylaws of the City.
WITNESS my hand and official seal of the City, this 13th day of August, 1985.
Ci Clerk
(SEAL)
ORDINANCE NO. 451
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 7, CHAPTER 5, OF THE
REVISED AND COMPLIED ORDINANCES OF THE CITY OF MERIDIAN, ENTITLED SEWER USE,
BY THE ADDITION THERETO OF A NEW SECTION WHICH SHALL BE KNOWN AS "SECTION 7-527 A:
PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTING SEWER
LINES: CO-OPERATIVE AGREEMENTS"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of Meridian have concluded
that it is in the best interest of the City of Meridian to amend Title 7, Chapter 5,
SEWER USE, of the Revised and Compiled Ordinances of the City of Meridian; and
WHEREAS, under Idaho Code, 50-302, the City of Meridian has authority to make
such ordinances, rules, regulations and resolutions as may be expedient to maintain
the good government and welfare of the City and its trade, commerce and industry; and
WHEREAS, under Idaho Code 50-304, the City has the authority to pass all ordinances
and make all regulations necessary to preserve the public health; and
WHEREAS, under Idaho Code 50-301, the City of Meridian is a body corporate and
politic and has the authority to contract and be contracted with and acquire, hold,
lease, and convey property, real and personal,. and may erect buildings or structures
of nay kind, needful for the user or purposes of the City and may exercise all
powers and perform all functions of local self-government in City affairs as are
not specifically prohibited by or in conflict with the general laws of the Consititution
239
The City Council of the City hereby declares this to be an emergency
ordinance which shall take effect immediately upon its passage, approval and
publication according to law.
ORDINANCE ADOPTED AND APPROVED this 13th day of August 1985.
CITY OF MERIDIAN, IDAHO
... .~
(SEAL)
By
Mayor
Cle
The otion to adopt the foregoing Ordinance was duly seconded by Councilmember
s-, put to a vote and carried upon the following vote:
Those voting AYE: All
Members:
Those voting NO: None
Those ABSENT: Grant P. Kingsford and Bill G. Brewer
Thereupon the Mayor declared the motion carried and the Ordinance duly passed
and adopted.
After consideration of other business to come before the City Council, the
meeting was adjourned.
(SEAL) ~ _
STATE OF IDAHO
COUNTY OF ADA
CITY OF MERIDIAN
I, Jack~Niemann, the duly elected or appointed, qualified and acting City
2~1
necessary to protect the source of water from contamination; and
WHEREAS, under Idaho Code, 50-331, the City is authorized to clear, cleanse,
alter, straighten, widen, pipe, fill or close any waterway, drain, or sewer or
any watercourse in the City and assess the expense thereof in whole or in part
to the property specifically benefited thereby; and
WHEREAS, under Idaho Code 50-1028, the City has the duty to manage its
water and sewer facilities in the most efficient manner consistent with sound
economy and public advantage to the end that the water and sewer services are
furnished at the lowest possible cost and is'required to operate such facilities
for the use and benefit of those served by the facilities and for the promotion
of the welfare and for the improvement of the health, safety, comfort and
convenience of the inhabitants of the City; .and
WHEREAS, under Idaho Code, 50-1030, the City has the power to acquire
by gift or purchase; to construct, reconstruct, improve, better or extend
sewer and water facilities- and works; power to prescribe and collect rates,
fees, tolls and charges for the services, facilities and commodities furnished
by its water and sewer works and to provide methods of collections and penalties;
and
WHEREAS, under Idaho Code 50-1032, the City has the duty to prescribe and collect ~
reasonable rates, fees, tolls, or charges for the sewer and water services and the duty
to revise such rates,, fees, tolls or charges from time.to time to provide that the
sewer and water facilities shall be and always remain self-supporting; and
'.WHEREAS, under Idaho Code, 50-1033, the City has the right to appropriate,
apply or expend the revenue of the sewer and water works to pay and discharge:
notes, bonds or other obligations and interest thereon which may or may not
constitute a lien, charge or encumbrance on the revenue of the sewer and water
works revenue which such notes, bonds, or other obligations may have been
incurred for the purposes of financing the acquisition, construction,
reconstruction, improvement, betterment or extension of such sewer and water
works; and the right to provide a reserve for improvements to such water and
~oc.,or can rkc _
242
7-527 A: PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES
OF CONSTRUCTING SEWER LINES; CO-OPERATIVE. AGREEMENTS:
(1) Notwithstanding any of the provisions of this chapter, Sewer Use,
any person, firm, partnership, corporation or association or property owner
who has not otherwise paid for, or contributed proportionately toward the
costs and expenses of constructing a sewer line, whether that construction has
been performed by the City, a local improvement district or a private entity,
and who subsequently desires to connect to the City sewer system, shall be required
to pay, in addition to the required connection charges of Section 7-535 and
the monthly user charges of Section 7-533, an additional connection charge
which shall be known as an "Eight (8) Inch Diameter Sewer Line Equivalencey
Fee" which shall be computed as follows:
(a) For residential building lots fronting on an
installed sewer line the assessment shall be
made and based on one of the Following para-
meters for a maximum lot depth of 110 feet:
1) Existing sewer in paved street with service
connection and service lines installed---
$0.25/square foot of lot area; or
2)•~E~isting sewer in paved street without
service connection or service lines installed-
$0.18/square foot of ]got area; or
3) Existing sewer line in gravel street with
service connection and service lines~in-
stalled---$0.12/square foot of lot area; or
4) Existing sewer line in gravel street without
service connections or service lines installed-
$0.10/square foot of lot area.
(b) The charge for each lot, parcel or tract of land
exceeding a standard residential building lot
having a maximum depth of 110 feet shall be fixed
243
of the City and in accordance with the standards and designs of the City
and which sewer line extension has been determined by the City to be able
to benefit properties other than the user, the sewer user constructing the
extension may request that the City enter into an agreement with the user
such that all or a portion of the costs of extending the sewer line will be
reimbursed to that sewer user from the connection charges collected under
paragraph one (1) above from those property owners who will benefit from
the sewer line extension and who otherwise have not paid or contributed
their proportionate share to that sewer line;
PROVIDED HOWEVER, no reimbursement agreement shall have a duration greater than ten
(10) years; no reimbursement agreement shall pay to the sewer user paying for
or constructing a sewer line extension more than one hundred per cent (100%)
of his actual engineering and construction costs, it being noted that in most
cases at least some of the cost would ordinarily be assessed to the sewer user's
own property; no reimbursement agreement shall provide for interest to be
paid to the sewer user; the City shall be entitled, shall charge and shall receive
a ten per cent (l00) administrative fee for handling the accounting, auditing,
and payment of the reimbursement payments made to the sewer user so extending the
sewer line and having reached a reimbursement agreement with the City; the
reimbursement agreement shall be personal to the sewer user entering into it
and shall not be assigned without the written consent of the City, which consent
will not be unreasonable withheld; that the agreement shall be binding on the
sewer user and his assigns, successors, heirs, and executors and may be recorded
as an encumbrance against the property of the sewer user; that the sewer user
shall be required to indemnify and hold the City harmless from any and all
liability whatsoever until the sewer line has been accepted for maintenance
by the City; that all lines once accepted by the City for maintenance shall
thereafter become part of the City Sewerage system and be the sole property
of the City of Meridian.
Section 3, WHEREAS, there is an emergency therefore, which emergency