482 Amdmt to Sewer Ordinance-`'4'7
to .reflect the same. -
Section 2. This Ordinance shall be in full force and effect
from and after its passage and approval as required by law.
PASSED by the City Council and approved by the Mayor of the.
City of Meridian, Ada County, Idaho, this 2 day of June ,
1987.
APPROVED:
OR - - GRANT IN -FORD
ATTEST:
ORDINANCE NO. 482
AN ORDINANCE AMENDING THE SEWER ORDINANCES OF THE CITY OF MERIDIAN BY
REPEALING SECTIONS 7-527A IN THE SEWER ORDINANCES OF THE REVISED AND
COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SECTION
7-527A, PAYMENT OR CONTRIBUTION OF PROPORTIONATE COST AND EXPENSES OF
CONSTRUCTING SEWER LINES, SUCH THAT THE SPECIFIC SCHEDULE OF CHARGES
IS DELETED AND MAKING OTHER CHANGES; AND AMENDING TITLE 7 , CHAPTER
5, SEWER USE, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF
MERIDIAN BY THE ADDITION OF A NEW SECTION KNOWN AS 7-527B WHICH IS A
' RECODIFICATION, WITH MODIFICATIONS, OF SECTION 7-527A(B); AND PROVIDING
AN EFFECTIVE DATE.
Whereas, the Mayor and City Council of the City of Meridian, State
of Idaho, have concluded that it is in the best interests of said City
to amend the sewer ordinance by repealing Section 7-527A of ,the sewer
ordinance, and re-enacting Section 7-527A and to amend Title 7, Chapter
5, Sewer Use, of the Revised and Compiled Ordinance of the City of Meridian,
by the addition of a new section known as 7-527B which is a recodification,
with modifications, of Section 7-527A(B).
NOW, THEREFOR, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION~1. That Section 7-527A, PAYMENT OR CONTRIBUTION OF PROPORTIONATE
-~48
COST AND EXPENSES OF CONSTRUCTING SEWER LINES: CO-OPERATIVE AGREEMENTS
is hereby repealed.
SECTION 2. That Section 7-527A, PAYMENT OR CONTRIBUTION OF PROPORTIONATE
COSTS AND EXPENSES OF CONSTRUCTING SEWER LINES, is hereby re-enacted
and shall read as follows:
7-527A: PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES
OF CONSTRUCTING OFF SITE SEWER LINES: Notwithstanding any~,of,the provisions
of this Chapter, Sewer Use, any person, firm, partnership, corporation
or association or propertry 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 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 knwon as an "Eight (8) Inch Diameter
Sewer Line Construction Equivalency Fee". This fee shall hereafter
be referred to as the "Sewer Construction Equivalency Fee". In determining
who has or has not paid, or contributed proportionately, toward the
costs and expenses of constructing a sewer line, the sole factor shall
be whether that user, or a predessessor in title of the user's property,
:_~
has in fact, paid consideration to the City in cash, services., or in
kind, for the construction of the sewer trunk line to which he now desires
to connect, which consideration is commensurate with what the user,
or his predessessor in title, would have paid under this section had
the user not paid or contributed previously to the cost of construction
of the sewer line.
The sewer constrcution equivalency fee for each parcel of EXPENSES
OF CONSTRUCTING SEWER LINES: 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 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
49
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 Construction Equivalency Fee". This fee shall hereafter
be referred to as the "Sewer Construction Equivalency~Fee". In determining
who has or has not paidorcontributed proportionately, toward the costs
and expenses of constructing a sewer line, the sole factor shall be
whether that user, or a predessessor in title of the user's property,
has in fact, paid consideration to the City in cash, services, or in
kind, for the construction of the sewer trunk line to which he now desires
to connect, which consideration is commensurate with what the user,
or his predessessor in title, would have paid under this section had
the user not paid or contributed previously to the cost of construction
of the sewer line.
The sewer construction equivalency fee for each parcel of ground
connected to a trunk sewer line shall be established and se.t by the
Sewer Board of Appraiers which shall consider the use to which the property
will be put, the expected flows, the amount of capacity of the trunk
' line that will be used by the proposed use, and the type of effluent;
the Board shall also take into consideration the amount of land that
might be able to be serviced by the trunk sewer line whether the land
be directly adjacent to the trunk line or not and shall also take into
consideration the cost of the engineering and construction of the trunk
line, in current. dollars and shall consider the interest that could
have been earned on the money used to pay for the original sewer line.
The sewer construction equivalency fee may be different for residential,
commercial, and industrial users and may be different for differing
uses within those three classifications depending upon the considerations
referrenced above but shall be as consistant as possible under similar
factual circumstances. The sewer construction equivalency fee shall
be assessed in terms of single family equivalent connections.
SECTION 3. That title 7, Chapter 5, Sewer Use, of the Revised
and Compiled Ordinances of the City of Meridian, is hereby amended by
the addition of a new Section to be known as Section 7-527B, CO-OPERATIVE
~ AGREEMENT', which shall read as follows:
7-527B: CO-OPERATIVE AGREEMENT: 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
50
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's, 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 sewer line will be reimbursed to that sewer user
from art of the connection charges collected under section 7-527A 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 the construction costs to that sewer line and who are required to pay
the sewer construction equivalency fee; the City shall not be required
to enter into such an .agreement and whether or not to enter into such an
agreement shall be at the sole discretion of the City Council; provided
however, no reimbursement agreement shall have a duration greater that ten
(10) years unless the City is a beneficiary of the agreement; 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; the City may~ctiarge and~may~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 havig reached
a reimbursement agreement with the City; all or a part of the sewer construction
equivalency fee associated with the sewer line constructed and paid pursuant
to Section 7-527A may be set aside and ear marked for re-imbursement pursuant
to a re-imbursement agreement; 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 will terminate when the user has been fully re-imbursed
if the agreed upon reimbursement amount is paid prior to the end of the
term of the agreement; 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 shal 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; said lines, after acceptance, shall become part of the City
51
sewerage system and be the soi'eproperty of the City.
Where the City constructs a sewer line extension, either on its
own or in conjunction with another person or entity, the City may
' enter into a reimbursement agreement as authorized above such that
' the City is reimbursed for its costs of construction, engineering,
legal costs and interest.
SECTION 4. EFFECTIVE DATE: .This Ordinance shall be in full
force and effect after its passage, approval and publication according
to law.
PASSED AND APPROVED this 16 day of June , 1987.
CITY OF MERIDIAN
B
GRANT P. KINGSFORD
MAYOR
ATTEST:
ORDINANCE NO. 483
AN ORDINANCE AMENDING THE WATER ORDINANCES OF THE CITY OF MERIDIAN
BY REPEALING SECTION 5-124A IN THE WATER ORDINANCES OF THE REVISED
AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SECTION
5-124A, PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES
OF CONSTRUCTING OFF-SITE WATER LINES, SUCH THAT THE SCHEDULE OF•CHARGES
IS DELETED AND MAKING OTHER CHARGES; AND AMENDING TITLE 5, CHAPTER "
1, WATER USE, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF
MERIDIAN BY THE ADDITION OF A NEW SECTION KNOWN AS 5-124B WHICH IS
A RECODIFICATION, WITH MODIFICATIONS, OF~SECTION 5-124A(B); AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Council of the City of Meridian, State
of Idaho, have concluded that it is in the best interests of said
City to amend the water ordinance by repealing Section 5-124A of the
water ordinance, and re-enacting Section 5-124A and to amend Title
5, Chapter 1, Water Use, of the Revised and Compiled Ordinance of
•the City of Meridian by the addition of a new section known as 5-124B
which is a recodification, with modifications, of old Section 5-124A(B).
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
63642
Telephone 68"461
ORDINANCE NO.
AN ORDINANCE AMENDING THE SEWER ORDINANCES OF THE CITY OF
MERIDIAN BY REPEALING SECTIONS 7-527A IN THE SEWER ORDINANCES OF
THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND
RE-ENACTING SECTION 7-527A, PAYMENT OR CONTRIBUTION OF
PROPORTIONATE COST AND EXPENSES OF CONSTRUCTING SEWER LINES, SUCH
THAT THE SPECIFIC SCHEDULE OF CHARGES IS DELETED AND MAKNG OTHER
CHANGES; AND AMENDING TITLE 7, CHAPTER 5, SEWER USE, OF THE
REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN BY THE
ADDITION OF A NEW SECTION KNOWN AS 7-527B WHICH IS A
RECODIFICATION, WITH MODIFICATIONS, OF SECTION 7-527A(B); AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Council of the City of Meridian,
State of Idaho, have concluded that it is in the best interests
of said City to amend the sewer ordinance by repealing Section
7-527A of the sewer ordinance, and re-enacting Section 7-527A and
to amend Title 7, Chapter 5, Sewer Use, of the Revised and
Compiled Ordinance of the City of Meridian, by the addition of a
new section known as 7-527B which is a recodification, with
modifications, of Section 7-527A(B).
NOW, THEREFOR, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1. That Section 7-527A, PAYMENT OR CONTRIBUTION
OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTING SEWER LINES:
CO-OPERATIVE AGREEMENTS is hereby repealed.
SECTION 2. That Section 7-527A, PAYMENT OR CONTRIBUTION
OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTING SEWER LINES,
is hereby re-enacted and shall read as follows:
7-527A: PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
EXPENSES OF CONSTRUCTING OFF SITE SEWER LINES: 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 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 Construction Equivalency
Fee". This fee shall hereafter be referred to as the "Sewer
Construction Equivalency Fee". In determining who has or has not
paid, or contributed proportionately, toward the costs and
expenses of constructing a sewer line, the sole factor shall be
whether that user, or a predessessor in title of the user's
property, has in fact, paid consideration to the City in cash,
services, or in kind, for the construction of the sewer trunk
line to which he now desires to connect, which consideration is
commensurate with what the user, or his predessessor in title,
would have paid under this secton had the user not paid or
contributed previously to the cost of construction of the sewer
line.
The sewer construction equivalency fee for each parcel of
AMBROSE,
FITZGERALD
6 CROOKSTON
Attorneys and
Counselors
P.U. Box 427
Meridian, Idaho
63642
Telephone 668-4461
EXPENSES OF CONSTRUCTING SEWER LINES: 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 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 Construction Equivalency
Fee". This fee shall hereafter be referred to as the "Sewer
Construction Equivalency Fee". In determining who has or has not
paid, or contributed proportionately, toward the costs and
expenses of constructing a sewer line, the sole factor shall be
whether that user, or a predessessor in title of the user's
property, has in fact, paid consideration to the City in cash,
services, or in kind, for the construction of the sewer trunk
line to which he now desires to connect, which consideration is
commensurate with what the user, or his predessessor in title,
would have paid under this secton had the user not
paid or
contributed previously to the cost of construction of the sewer
line.
The sewer construction equivalency fee for each parcel of
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
ground connected to a trunk sewer line shall be established and
set by the Sewer Board of Appraisers which shall consider the use
to which the property will be put, the expected flows, the amount
of capacity of the trunk line that will be used by the proposed
use, and the type of effluent; the Board shall also take into
consideration the amount of land that might be able to be
serviced by the trunk sewer line whether the land be directly
adjacent to the trunk line or not and shall also take into
consideration the cost of the engineering and construction of the
trunk line, in current dollars and shall consider the interest
that could have been earned on the money used to pay for the
original sewer line. The sewer construction equivalency fee may
be different for residential, commercial, and industrial uses and
may be different for differing uses within those three
classifications depending upon the considerations referrenced
above but shall be as consistant as possible under similar
factual circumstances. The sewer construction equivalency fee
shall be assessed in terms of single family equivalent
connections.
SECTION 3. That Title 7, Chapter 5, Sewer Use, of the
Revised and Compiled Ordinances of the City of Meridian, is
hereby amended by the addition of a new Section to be known as
Section 7-527B, CO-OPERATIVE AGREEMENT, which shall read as
follows:
7-527B: CO-OPERATIVE AGREEMENT: Should a sewer user at his
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone888-4461
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's, 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 part of the connection charges collected under
section 7-527A 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 the construction costs
to that sewer line and who are required to pay the sewer
construction equivalency fee; the City shall not be required to
enter into such an agreement and whether or not to enter into
such an agreement shall be at the sole discretion of the City
Council; provided however, no reimbursement agreement shall have
a duration greater than ten (10) years unless the City is a
beneficiary of the agreement; 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; the City may
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Sox 427
Meridian, Idaho
83642
Telephone 6384461
charge and may 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; all or a part of the sewer construction equivalency fee
associated with the sewer line constructed and paid pursuant to
Section 7-527A may be set aside and ear marked for re-imbursement
pursuant to a re-imbursement agreement; 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 will terminate when the user has been fully
re-imbursed if the agreed upon reimbursement amount is paid prior
to the end of the term of the agreement; 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; said lines, after acceptance, shall
become part of the City sewerage system and be the sole property
of the City.
Where the City constructs a sewer line extension, either on
its own or in conjunction with another person or entity, the City
may enter into a reimbursement agreement as authorized above such
SECTION 4. EFFECTIVE DATE: This Ordinance shall be in
full force and effect after its passage, approval and publication
according to law.
PASSED AND APPROVED this f� day of J 6"f e-,
1987.
ATTEST:
ACK� ,I EMA ,
CITY CLERK
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 88"461
CITY OF MERIDIAN
BY �9�' `�°
GRANT P. KING FO D
MAYOR