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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OR CONTRIBUTION OF PROPORTIONATE -~48 COST AND EXPENSES OF CONSTRUCTING SEWER LINES: CO-OPERATIVE AGREEMENTS is hereby repealed.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