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458 Water Line Costs1: N fY �W / � ' •fit tl ' v�TS Cf.41 read -arid per-snna1 and may erect'' 6uilcls.� igo or �►tnc�ture�► < ��' kind, 'needful for they User or pu�egaees ofq "theatg` acrid-Miay exercise all power 6, and perform - . all functi.oris self -governneat in Cityaffairs a►s.,-, r�.are not sgeeri a lkv ' prohibited 'by :or in conflict with the gegOeXa� Iaar� � Constitution of the, tate of Idahot and,,, WHEREAS; under .14aho Cc e,, 50-3i�t a ��3�t.�Tg re airin , r 4 ..and', 'rely in - Ot water 'I p g �uldin y �-", . improvementa; and r ^ WHEREAS under. Idaho ode, 50-i42 3 =tete. City ate .. - establish, creeite, tievelQp m maiinrate dome of ` systems; provide for domestic ; water fry weld, :sma`;a.r `, - - - i7#/`F Any shed'- or Ari other -^,pburq�;,_ provide for. -A 0, e,.'.�it$��� : s ; ��_ transmission 'of the $seas' to.: the inhabitants of the Cite eft,¢ - do -411 things necessary to. protect the source of ^ wAjo, frt contamination; and WHEREAS, Under -Ode., 50--331, tie City ; to att zQ z r cir, `cleanse, alter; "straltPuben, widen, waterway,, drain, o;: surer .or any wa coTA 0". �Ci a fi as.' ` the expense th6reof in. while car iii part tc� t ' :- y x specif icilly. . benef iced' ,tneieb t- and y A. WHEREAS, under Idabo� Code, 5Q-1028, 4. City h�B� menage ', its water, -and sewer faci], ties in . -- -moat f� t t mariner consistent With sound economy:` ab&, puhli6 a #4 e : r fibre : ^'BFAM, end that the water : find sewer: services are ;it FIIT�ZGERA.�Ll/D &uVn ���� .furans$ - .4 - g�,. Y Alf counselors `• `k WW iM�ylMnf Yl9:Nb[ 3 tri f '` r• � € f `� > r land shall bre.:detemit�ed,`aat�iiow�s 44, 1. The tata� Setual Coit the- (�f�$ idl, Y. x shall be divided by- t thetotal f r0n? 8ge adjacent the off i�te s�aA. at '4 2 . The ,ab&v@ 14itarmf o € ront tid 1 A , 4 multiped` by :the lot, . purl or tc, fa� ad jaciht 't `:the water `]."ostf ;the . tjpg ant- . C Fxk <'{"'` 4 `� ` ✓' to the exteusi0n • 4 ;� �` �� #; cioh 2.:'r, Shi*Id a °water user ° �t his ownown - f 4 ,. . w � Sttk 3•ti � y � � �4 an e�ct'ersi on `to theta Y.�Ysem' eQ ht `n s easement with p�riar'proval; of the r dp r ¢o. the standards and "vgns o t,4 xtyl ems`:} 4stt4. ex" on has `beau `�d�ea.a by the>: pity -;. ` fi 4 � a' •9 $a dies other thaS tb� taerI the waters x ,v: a extension :may Feque�;t that the Ci/ty ehter� int An, r,. ' :. n` -� '�., % _ � '+ p'it -. .•..' '' :. ., ..,. '�'i - the user; such that all. az a portion . of t ' &)it$ Jot eate r, &71 it. '. A; waterlate wi I; be reimbursed to 'that , wa. V4r._ fra*# as ton charges edllected under paart+pAan r��`� s,t those }pro . ty owners `rho � will benef it i'rt t > r e�ctens oaauci"who other rise.;ha not f paid or -proportionate: share, to 'tbat water 2D { § 2, reimbursement urat24 rar fir,R' T ! Yi, f, ih L (10), -years; no re mbursement afire es sial : x user paying for or,,, constru t Ag -a water 3t exteaa'sl the r . Qne hundred, per dr�t (10$7 4 hsicrl li�A OROOiCBtOw r 3 N;, '." .. C.dIM/lYF'i' r.i '` Lo «� ., "'� is .: •$ .. *. P.O. SOX 4ii yyr ,41. .: :.. . .. .. .. _4 . i5.} _ ...•K 1at.r...c V.2.1..� L.x _T:F .,1.s ., et 06 truetion Coets,it bein£ )6t4d tb t in va `tasks dt`400t;^ .Rg 'sCOW of . the Cost wain# cfin' arf1V the water 5 # �+/er no re nrsemer �wrent f� l " 'E �J t R r Y � i i 'i 1 + �. # , Y,4 Y .. "'. :•� j : „R , 3 iii to to` %0 . paid`- "tm the water4'xef £he Cip�irh_.e Zed A fi e } o and sha11 ree ivs a tens x cent " „fee` f6 hand- 3inc� .ted sdc©unting, ' auditing, 'z p rn � Y r lid .rel mb`sem�t payments made to the water ns�� waterline and hieiVIIng reaChecl aeadanemeAt ageeme �► �x Cit'; thQ reimlursent agreema`nt $811 be petf'a, 4 E ' - user' enteV ng into it and s all not �; ' written cachsent of the i`t, which 04 ` r t' j9i' y�y t 'k• ti ff . t +} unreasonably with 4kXd h ;that•f the reeaieat if4 1111 axe, Uf v v _ water user",and Y�is ;.a�i�sigr�s at�cces + $E" heirs, �► ? s '. may b''. recorded as, an encumbrance . �agaaet,©etp` water ".Useertl a t`h�e.vato* user ,shall -be and hold the Ci£y harmles f rom ari a�►8 'ail ?y y� ��Y until the watx line as been "aecep£td •"f'ox iiawrittlenaieM t City tit.: ail 'sines once ac"ptBd Z. Aha11 thereaf ter beeomc t'f "the,. pity' bas ,> ,r .. j iole ,property of •the` Ci£ o' A Neridxa ' { Y , Section 3 . :WHERRis j there is in emergency f hereipeclar tots this": th`dino+j effect~ and be i ' forcm ,frc�a d A publidiltioi as `.required?',by rt Y k �:.Vi c: r� 4 `•�' �" ;moi. .r .12 . 1 .... .._ - ♦ .._ .> _ . , _ .aY S .a ..,,.,. a .x.. , ,. . o H 1 i t. l u _ Y, .! L PASSER By tti� City . Couz3ci1 and - pond by thl Mayo City of ' Aeridian", Ada, c 1t ty. this � L daYn.c3 �. - f CC '1985, r ' S, 4 n °,;�y,� y. y 1 N 4 4 t CiT R Ip { e. a Ile '^ t�• ` ..+air" ' a �.�5'z� 6 '"` If rt"y _ .,+ ' . " i . •f z `� � S 'kr.• a'�,,•�+..'� r R y' � r .r' S y Y k�. '.:R � ; w. f *, a � 269 ORDINANCE NO. 458 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 5, CHAPTER 1, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ENTITLES WATER SYSTEM. BY THE ADDITION THERETO OF A NEW SECTION WHICH SHALL BE KNOWN AS "SECTION 5-124 A: PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTING OFF-SITE WATER LINES; CO-OPERATIVE AGREEMENRS"; 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 5, Chapter 1, WATER SYSTEM, 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 perserve 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 any 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 Constitution of the State of Idaho; and WHEREAS, under Idaho Code, 50-315, the City, may provide the repairing, rebuilding and relaying of water lines or other improvements; and WHEREAS under Idaho Code, 50-323, the City is empowered to establish, create, develop, maintain and operate domestic water systems; provide for domestic water 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 WHEREAS, under Idaho Code, 50-331, the City is authorized to clear, cleanse, alter, straighten, widen, pipe, fill or close any waterway, drain, ?70 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 effecient 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 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 Idaho Code 50-1032, the City has`Itie 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 expand 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 purpose of financing the. acquisition, construction, re- construction, improvement, betterment or extension of such sewer and water works; and the right to provide a reserve for improvements to such water and sewer works. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 5, Chapter 1, of the Revised and Compiled Ordinances of the City of Meridian shall be amended by the addition of a new section which shall be known as "Section 5-124 A" and which section shall read as follows: 5-124 A: PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES 2,71 OF CONSTRUCTING OFF-SITE WATER LINES; CO-OPERATIVE AGREEMENTS: (1) Notwithstanding any of the provisions of .this chapter, Water System, 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 an off- site water 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 water system, shall be required to pay, in addition to the required connection charges of Section 5-119 and the monthly user charges,of Section 5-131, an additional connection charge. This additional connection charge for each lot, parcel or tract of land shall be determined as follows: 1. The total, actual cost of the off-site main extension shall be divided by the total front footage of property adjacent to the off-site main. 2. The above determined front -foot cost shall be multiplied by the lot, parcel or tract front footage, adjacent to the water line, of the applicant connecting to the extension. Section2. Should a water user at his own expense construct an extension to the water system in a,public right-of-way or easement with prior approval of the City and in accordance with the standards and designs of the City and which water line extension has been determined by the City to be able to benefit properties other than the user, the water 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 ectending the water line will be reimbursed to that water user from the connection charges collected under paragraph one (1) above from those property owners who will benefit from the water lineextension and who otherwise have not paid or contributed their proportionate share to that water line; PROVIDED HOWEVER, no reimbursement agreement shall have a duration greater than the (10) years; no reimbursement agreement shall pay to the water user paying for or constructing a water 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 water user's own property; no reimbursement agreement shall provide for interest to be paid to the water user; the City shall be entitled to 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 water user so extending the water line and having reached a reimbursement agreement with the City; the reimbursement agreement shall be personal to the water user entering into it and shall not be assigned without the written consent of the City, which consent 7.2 will not be unreasonably withheld; that the agreement shall be binding on the water user -and his assigns, successors, heirs, and executors and may be recorded as an encumbrance against the property of the water user; that the water user shall be required to indemnify and hold the City harmless from any and all liability whatsoever until the water line has been accepted for maintenance by the City; that all lined once accepted by the City for maintenance shall thereafter become part of the City water system and be the sole property of the City of Meridian. Section 3. WHEREAS, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. PASSED By the City Council and approved y the Mayor of the City of .. ... Meridian, Ada County, This' day of 1985. ATTEST: APPROVED: V• GRANT P. KINGSFORD, MAYOR ORDINANCE NO. 459 TERTELING TRUST #7 ANNEXATION AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PART OF THE SOUTHWEST QUARTER, SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE - MERIDIAN, ADA COUNTY, IDAHO; 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 said City to annex to the said City real property which is hereinbe.low described: TERTELING'TRUST #7 Beginning at the south 1/4 corner of Sec. 18, T. 3'N. R. 1E., B.M., a bronze cap in a concrete post, in Ada County, Idaho; thence S 89642' 17" W 685.39 feet, along the south boundary of the SW 1/4 of Section 18, T. 3N., R. 1E., B.M. to a steel pin, THE REAL POINT OF BEGINNING; ORDINANCE # ll 6 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 5, CHAPTER 1, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ENTITLED WATER SYSTEM, BY THE ADDITION THERETO OF A NEW SECTION WHICH SHALL BE KNOWN AS "SECTION 5-124 A: PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTING OFF -SITE WATER 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 5, Chapter 1, WATER SYSTEM, 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 perserve 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, AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors Q.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 real and personal, and may erect buildings or structures of any 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 Constitution of the State of Idaho; and. WHEREAS, under Idaho Code, 50-315, the City, may provide the repairing, rebuilding and relaying of water lines or other improvements; and WHEREAS, under Idaho Code, 50-323, the City is empowered to establish, create, develop, maintain and operate domestic water systems; provide for domestic water 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 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 effecient manner consistent with sound economy and public advantage to the end that the water and sewer services are furnished at the lowest AMBROSE, FITZGERALD 4 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 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 IWHEREAS, 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 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 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 purpose of financing the AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Tolephone988-4461 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 sewer works. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 5, Chapter 1, of the Revised and Compiled Ordinances of the City of Meridian shall be amended by the addition of a new section which shall be known as "Section 5-124 A" and which section shall read as follows: 5-124 A: PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTING OFF -SITE WATER LINES; CO-OPERATIVE AGREEMENTS: (1) Notwithstanding any of the provisions of this chapter, Water System, 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 an off -site water 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 water system, shall be required to pay, in addition to the required connection charges of Section 5-119 and the monthly user charges of Section 5-131, an additional connection charge. This additional connection charge for each lot parcel or tract of AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone W8 4461 land shall be determined as follows: 1. The total, actual cost of the off -site main extension shall be divided by the total front footage of property adjacent to the off -site main. 2. The above determined front -foot cost shall be multiplied by the lot, parcel or tract front footage, i adjacent to the water line, of the applicant connecting to the extension. Section 2. Should a water user at his own expense construct an extension to the water system in a public right-of-way or easement with prior approval of the City and in accordance with the standards and designs of the City and which water line extension has been determined by the City to be able to benefit properties other than the user, the water 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 water line will be reimbursed to that water user from the connection charges collected under paragraph one (1) above from those property owners who will benefit from the water line extension and who otherwise have not paid or contributed their proportionate share to that water line; PROVIDED HOWEVER, no reimbursement agreement shall have a duration greater than ten (10) years; no reimbursement agreement shall pay to the water user paying for or constructing a water 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 water user's own property; no reimbursement agreement shall provide for interest to be paid to the water user; the City shall be entitled to 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 water user so extending the water line and having reached a reimbursement agreement with the City; the reimbursement agreement shall be personal to the water user entering into it and shall not be assigned without the written consent of the City, which consent will not be unreasonably withheld; that the agreement shall be binding on the water user and his assigns, successors, heirs, and executors and may be recorded as an encumbrance against the property of the water user; that the water user shall be required to indemnify and hold the City harmless from any and all liability whatsoever until the water 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 water system and be the sole property of the City of Meridian. Section 3. WHEREAS, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 PASSED By the City Council and approved by the Mayor of the City of Meridian, Ada County, this lJ day ofALe ,1985. T: CIT C�ER , CK NIEMANN AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888J481 APPROVED: O R, GRANT NGSFORD