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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