468 Sewer Use3~3
ORDINAfJCE fJO. 468.
AN ORDIfJANCE OF THE CITY OF MERIDIAN REPEALING SECTIONS 5-124A AfJD 7-527A
OF THE REVISED AND COMPILED ORDIAfJCE OF THE CITY OF MERIDIAN; Af1Ef1DING TITLE 7,
CHAPTEP. 5, OF THE P.EVISED AND COMPILED ORDIfJAfJCES OF THE CITY OF MERIDIANJ,
ENTITLES SEbJER USE, BY THE ADDITIOfJ THERETO OF A NEI~J SECTION IdHICH SHALL BE KfJOWPJ
AS "SECTION 7-527 A: PAYMENT OR CONTRIBUTION OF PROPOP.TIOfJATE COSTS AfJD EXPEfJSES
OF CONSTRUCTING SEIJER LINES; CO-OPERATIVE AGREEMEfdTS"; APJD AMEfJDING TITLE 5, CFIAPTER
1 , OF THE REVISED Af•!D COMPILED ORDIf~JAfdCES OF THE CITY OF MEP,IDIAPJ, l~!ATER USE, BY THE
ADDITION OF A fJEbJ SECTIOfJ l~1HICH SHALL BE KfJOWN AS "SECTION 5-124 A: PAYMEPJT OR
CONTRIBUTION OF PROPORTIONATE COSTS AND EXPEf1SES OF CONSTP,UCTIfJG OFF-SITE IJATER LIfJES;
CO-OPERATIVE AGREEf1ENTS; AflD PP.OVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of Meridian have concluded
tfi at it is in the best interest of the City of Meridian to amend Title 7, Chapter 5,
SE4JER USE, and Title 5, Chapter 1, 6+lATER USE, of the Revised and Compiled Ordinances
of the City of Meridian; and
4JHEREAS, 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
6JHEREAS, 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 strutures
of any kind, needful for the.use or purposes of the CIty and may excerise 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, re-
building and relaying of sewer 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
304
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 any
4vater 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
4JHEREAS, 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 encumbrace 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; and
WHEREAS, the City may not be, and has not in the past been, able to
finance sewer and water line extensions completely with its own funds and
whereas it has been the policy and requirement of the City that all
developers developing land construct sewer and water lines at their own cost;
WHEREAS, there is a considerable amount of property in the City limits that
is not serviced by City sewer and water and whereas in some situations it may be
financially difficult for a single developer to extend water and sewer to his
development which extension would also benefit other lands;
WHEREAS, all land and the owners thereof should pay its and their share of
the cost of providing sewer and water;
3~5
NOW, THEREFORE, BE IT ORDAINED BY TfiE MAYOR OF THE CITY OF P~IERIDIAN, APJD
THE CITY COUPJCIL-~O:F__ .THE CITY OF`'M~R~I~DIA"1, AOA COUNTY;~IDAHO:_ _ _
SECTION 1: That Sections 5-124 A and 7-527 A of the Revised and Compiled
Ordinances of the City of Meridian are hereby repealed.
SECTION 2: That Title 7, Chapter 5, 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 7--527 A" and which shall read as follows:
PAYMEPJT OR COPJTRIBUTION OF PROPORTIOPlATE COSTS AND EXPEPJSES
OF CONSTRUCTING SEWER LIPJES; CO-OPERATIVE AGREEMENTS:
(A) .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, or a
combination thereof, 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
Equivalency Fee" which shall be computed as follows:
1. For lots used, or to be used, for residential purposes which
front on an installed sewer line the assessment shall be made and
based on one of the following parameters for a maximum lot depth
of one hundred ten feet (110'):
(a) Existing sewer in paved street with service connection
and service lines installed -- X0.25/square foot of lot
area; or
(b) Existing sewer in paved street without service connection or
service lines installed --Q0.18/square foot of lot area; or
(c) Existing sewer line in gravel street with service connection
and service lines installed --0.12/square foot of lot area; or
(d) Existing sewer line in gravel ,street without service connections
or service lines installed--0.10/square foot of lot area.
2. For each lot, parcel or tract of land exceeding a standard residential
building lot having a maximum depth of one hundred ten feet (110') or used
or to be used for purposes other than residential, the charge shall be
fixed and determined by the City Engineer and the Sewer Superintendent
based upon considerations and factors of, but not limited to, the benefits
derived, the type, character, amount and quality of discharge into the
sewer line and the proportionate costs and expenses, in then current
dollars as determined by the City pursuant to the Engineering Plews Record (E~1R)
Construction Cost Index, of engineering and construction of the sewer line,
and any interest .being paid to a sewer user pursuant to a reimbursement
agreement entered into pursuant to paragraph (B). below.
(B) 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 approval
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
subsection (A) 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; except as
provided below; except as provided directly below pertaining to interest and
increased costs .of~construction no reimbursement agreement shall pay to
306
the sewer user paying for or constructing a sewer line extension
more than one hundred percent (100%) of his acuual 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; a reimbursement agreement may provide for intPr.est to
be paid to the sewer user or may provide for reimbursement based upon increases
in tfie costs of construction from the time the extension was constructed
until the fee paid under paragraph A is received all as determined by
the City under the EPJR Construction Cost Index; the City shall be
entitled, shall charge and shall receive a ten percent (10%) ad-
ministrative 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 unreasonably withheld; that the
agreement shall be binding on the sewer user and his assigns,
successors, heirs and executors and may be recorded as an encumbrace
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 sewer 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. Palo reimbursement agreement shall
require the City to make any reimbursement payment unless the City
received funds pursuant to paragraph (A) above.
(C) ~ The City, itself, on its own behalf, may construct an extension to the
sewer system and enter into~a reimbursement agreement with itself as set
forth in paragraph (B) and any sewer user connecting to said sewer line
extension shall be charged the Eight (8) Inch Diameter Sewer Line
Equivalency Fee set forth in paragraph (A) above. A reimbursement agreement
which provides that the City is reimbursed may have a term greater than
ten (10) years.
(D) The City may enter into joint agreements with other sewer users for the
extension and construction of sewer lines. Both the City and the sewer
user or users entering into the joint agreement for sewer extension and
construction may enter into reimbursement agreements allowed pursuant to
paragraph (B) above.
SECTION 3. 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:
PAYP1ENT OR CONTRIBUTIOPJ OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTIPIG OFF-SITE
WATER LINES;' CO-OPERATIVE AGREEMENTS:
.%,
(A) Notwithstanding any of the provisions of this Chapter, Water Systems,
any person or property owner who has not otherwise paid for, or
contributed proportionately toward the costs and expenses of constructing
an off-site water li,r.e,~ whether that construction has been performed by
the City, a local improvement district or a private entity or con-
bination thereof, and who subsequently desired 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, current actual cost, as determined by the City
under the Engineering Pdews Record~Construction Cost Index
of the off=site main extension, plus considering any interest
being paid pursuant to paragraph (B) below, 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.
307
(B) 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
user from the connection charges collected under subsection (A)
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 sha1T have a duration greater than
ten (10) years except as provided below; except as provided directly
below pertaining to interest and increased costs of construction, no
reimbursement agreement shall pay to the water user paying for or
constructing a water line extension more than one hundred percent (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; a reimbursement agreement may provide
for interest to be paid to the water user or may provide for
reimbursement based upon increases in the costs of construction
from the time the extension was constructed until the fee paid under
paragraph A is received all as determined by the City under the
Engineering News Record Construction Cost Index; the City sha11 be
entitled to charge and shall receive ten percent (10I) 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 sha11 not be assigned without the written consent of the
City, which consent will not be unreasonably withheld; that the agree-
ment shall be binding on the water user and his assigns, successors,
heirs, and executors and may be recorded as an encumbrace 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 what-
soever.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.
(C) The City, itself, on its own behalf, may construct an extension to
the water system and enter into a reimbursement agreement with itself
as set forth in paragraph (B) and any water user connecting to said water
line extension shall be charged the additional connection charge set forth
in paragraph (A} above. A Reimbursement agreement which provided that the
City is reimbursed may have a term greater thanFten (10) years.
(D) The City may enter into joint agreements with other water users
for the extension and construction of water lines. Both the City and
the water user or users entering into the joint agreement for water
extension and construction may enter into reimbursement agreements
allowed pursuant to paragraph (B) above.
SECTION 4. WHEREAS, there is an emergency therefore, which emergency is
hereby declared to exist, these Ordinances 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 by the r1ayor of the City of r1eridian,
Ada County, this 15th day of September, 1986.
APPROVED:
~! OR, GRANT P. K r1G FO
ATTEST:
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
ORDINANCE NO. _4z2
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTIONS
5-124A AND 7-527A OF THE REVISED AND COMPILED ORDIANCE OF THE
CITY OF MERIDIAN; AMENDING TITLE 7, CHAPTER 5, OF THE REVISED AND
COMPILED 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 AMENDING TITLE 5, CHAPTER 1, OF THE REVISED AND
COMPILED ORDINANCES OF THE CITY OF MERIDIAN, WATER USE BY THE
ADDITION 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 concludpd that it is in the best interest of the
City of Meridian to amend Title 7, Chapter 5, SEWER USE, and
Title 5, Chapter 1, WATER 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
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 88"461
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 use or purposes of the City and may
excerise 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
Consititution of the State of Idaho; and
WHEREAS, under Idaho Code, 50-315, the City, may provide the
repairing, rebuilding and relaying of sewer 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 an
waterway, drain y
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
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldian, Idaho
83642
Telephone 8884461
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 any 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
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 86&4461
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, 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; and
WHEREAS, the City may not be, and has not in the past been,
able to finance sewer and water line extensions completely with
its own funds and whereas it has been the policy and requirement
of the City that all developers developing land construct sewer
and water lines at their own cost;
WHEREAS, there is a considerable amount of property in the
City limits that is not serviced by City sewer and water and
whereas in some situations it may be financially difficult for a
single developer to extend water and sewer to his development
which extension would also benefit other lands;
WHEREAS, all land and the owners thereof should pay its and
their share of the cost of providing sewer and water;
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 Sections 5-124 A and 7-527 A of the Revised
and Compiled Ordinances of the City of Meridian are hereby
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83642
Telephone 8881461
repealed.
SECTION 2: That Title 7, Chapter 5, 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
7-527 A" and which section shall read as follows:
PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND
EXPENSES OF CONSTRUCTING SEWER LINES; CO-OPERATIVE
AGREEMENTS:
(A) 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
whether that sewer line,
construction has been performed by the
City, a local improvement district or a
private entity,
or a combination thereof, 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 Equivalency Fee" which shall be computed as
follows:
1. For lots used, or to be used, for residential
purposes which front on an installed sewer line the
assessment shall be made and based on one of the
following parameters for a maximum lot depth of one
hundred ten feet (110 ):
(a)
Existing sewer in paved street with
connection
service
and service
installed-- $0.25/square foot of lot
lines
area; or
(b)
Existing sewer in paved
service
street
without
connection or
installed--$0.18/square foot
service
of lot
area; ors
(c)
Existing sewer line in gravel
service
street
with
connection and
installed--$0.12/square foot
service
lines
of lot
area; or
(d)
Existing sewer line in gravel
out service
street
with-
connections or service lines
w
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 8884461
installed--$0.10/square foot of lot area.
2. For each lot, parcel or tract of land exceeding a
standard residential building lot having a maximum
depth of one hundred ten feet (110') or used or to be
used for purposes other than residential, the charge
shall be fixed and determined by the City Engineer and
the Sewer Superintendent based upon considerations and
factors of, but not limited to, the benefits derived,
the type, character, amount and quality of discharge
into the sewer line and the proportionate costs and
expenses, in then current dollars as determined by the
City pursuant to the Engineering News Record (ENR)
Construction Cost Index, of engineering and
construction of the sewer line, and any interest being
paid to a sewer user pursuant to a reimbursement
agreement entered into pursuant to paragraph (B) below.
(B) 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 approval 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
subsection (A) 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, except as
provided below; except as provided directly below
pertaining to interest and increased costs of
construction no reimbursement agreement shall pay to
the sewer user paying for or constructing a sewer line
extension more than one hundred percent (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; a reimbursement agreement may provide for
interest to be paid to the sewer user or may provide
for reimbursement based upon increases in the costs of
construction from the time the extension was
constructed until the fee paid under paragraph A is
received all as determined by the City under the ENR
Construction Cost Index; the City shall be entitled,
shall charge and shall receive a ten percent (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 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 unreasonably 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 sewer 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. No reimbursement agreement shall
require the City to make any reimbursement payment
unless the City receives funds pursuant to paragraph
(A) above.
(C) The City, itself, on its own behalf, may construct an
extension to the sewer system and enter into a
reimbursement agreement with itself as set forth in
paragraph (B) and any sewer user connecting to said
sewer line extension shall be charged the Eight (8)
Inch Diameter Sewer Line Equivalency Fee set forth in
paragraph (A) above. A reimbursement agreement which
provides that the City is reimbursed may have a term
greater than ten (10) years.
(D) The City may enter into joint agreements with other
sewer users for the extension and construction of
sewer lines. Both the City and the sewer user or
users entering into the joint agreement for sewer
extension and construction may enter into reimburse-
ment agreements allowed pursuant to paragraph (B)
above.
SECTION
3. 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 "Section
AMBROSE,
FITZGERALD
5-124 A" and
which section shall read as follows:
as
&CROOKSTON
PAYMENT
OR CONTRIBUTION OF PROPORTIONATE
Attorneys and
COSTS AND EX -
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
PENSES OF CONSTRUCTING OFF -SITE WATER LINES; CO-OPERATIVE
AGREEMENTS:
(A) Notwithstanding any of the provisions of this
Chapter, Water System, any person 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 or con-
bination thereof, 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, current actual cost, as determined by
the City under the
Engineering News Record Con-
struction Cost Index of the
off -site main
extension, plus considering any interest being
paid pursuant to paragraph (B) below, 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.
(B) 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 subsection
(A) above from those
property owners who will benefit from the
water
extension and who line
otherwise have
not paid or
contributed their proportionate share to that
line; provided
AMBROSE,
AMBROSE,
water
however, no reimbursement agreement
shall have a duration
BCROOKSTON
greater than ten (10 )
except as provided below; except as years
Attorneys
below pertaining to interest and increasedecostseofly
and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888-4481
construction, no reimbursement agreement shall pay to
the water user paying for or constructing a water line
extension more than one hundred percent (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; a reimbursement agreement may provide for
interest to be paid to the water user or may provide
for reimbursement based upon increases in the costs of
construction from the time the extension was
constructed until the fee paid under paragraph A is
received all as determined by the City under the
Engineering News Record Construction Cost Index; the
City shall be entitled to charge and shall receive ten
percent (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,
ich
consent will not be unreasonably withheld; thattheagreement 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.
(C) The City, itself, on its own behalf, may construct
an extension to the water system and enter into a
reimbursement agreement with itself as set forth in
paragraph (B) and any water user connecting to said
water line extension shall be charged the additional
connection charge set forth in paragraph (A) above.
A reimbursement agreement which provides that the City
is reimbursed may have a term greater than ten (10)
years.
(D) The City may enter into joint agreements with
other water users for the extension and construction of
water lines. Both the City and the water user or users
entering into the joint agreement for water extension
AMBROSE, and construciton may
FITZGERALD agreeements allowed y enter into reimbursement
&CROOKSTON Pursuant to paragraph (B) above.
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
TelePhone 888.4461
SECTION 4. WHEREAS, there is an emergency therefore, which
emergency is hereby declared to exist, these Ordinances 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 Lwday
ved by the Mayor of the
City of Meridian, Ada County, this
of September, 1986.
ATTEST:
,/ Cit Clerk Jack Niemann
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 88&4487
APPROVED:
yor, Grant P. Ki gsford