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483 Amdmt to Water Ordinance~51 sewerage system and be the soleproperty 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). ~52 NOW, THEREFOR, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That Section 5-124A. PYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTING OFF-SITE WATER LINES: CO-OPERATIVE AGREEMENTS is hereby repealed. SECTION 2. That Section 5-124A, PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTING OFF-SITE WATER LINES, is hereby re-enacted and shall read as follows: 5-124A: PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTING OFF-SITE WATER LINES: notwithstanding any of the provisions of this Chapter, Water System, any pezson, 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 water line, whether that construction has been performed 4 ~ '1 by the City, a local improvement district or a private entity, or combination 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 which shall be knwon and referred to as the "Water Construction Equivalency Fee'_'. In deterining who has or has not paid, or contributed proportionately, toward the costs and expenses of constructing a water line, the sole factor shall be whether that user, or a predessossor 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 water 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 water line. The water construction equivalency fee for each parcel of ground connected to a trunk water line shall be established and set by the Water Board of Appraisers which shall consider the use to which the property will be put, the expected water demand, and the amount of delivery capacity of the trunk line that will be used by the proposed use; the Board shall also take into consideration the amount of land that might be able to be serviced by the trunk water line whether the land be directly adjacent to the trunk line or not and shall also 53 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 water line. The water 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 water construction equivalency fee shall be assessed in terms of single family equivalent connections. SECTION 3. That Title 5, Chapter 1, Water 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 5-124B, CO-OPERATIVE AGREEMENT, which shall read as follows: 5-124B: CO-OPERATIVE AGREEMENT: 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's, 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 part of the connection charges collected under section 5-124A 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 the construction costs of that water line and who are required to pay the water 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 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~ -54 be paid to the water user; the City may charge and may receive a ten percent (10°x) administrative fee for handling the acounting, 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; all or a part of the water construction equivalency fee associated with the water line constructed and paid pursuant to Section 5-124A may be set aside and ear marked for re-imbursement pursuant to a re-imbursement agreement; the reimbursement agreement shall be personal to the water user entering into it and shall not be assigned without the written consent of the City. which consent will not be unreasonably withheld; that the agreement 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 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; said lines, after acceptance, shall become part of the City water system and be the sole property of the City. Where the City constructs a water line. extension, either on its own or in conjunction with another person or entity, the City may enter into a reimbursement agreement as authorized aove such that the City is reimbursed for its cost 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 ofJune , 1987. CITY OF MERIIDAN By ~ ,. GRANT P. KINGSFORD Mayor ATTEST: AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4451 ORDINANCE NO. / S 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 CHANGES; 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). NOW, THEREFOR, BE IT ORDAINED BY THE MAYOR. AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That Section 5-124A, PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTING OFF -SITE I� WATER LINES: CO-OPERATIVE AGREEMENTS is hereby repealed. SECTION 2. That Section 5-124A, PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND EXPENSES OF CONSTRUCTING OFF -SITE WATER LINES, is hereby re-enacted and shall read as follows: 5-124A: PAYMENT OR CONTRIBUTION OF PROPORTIONATE COSTS AND AMBROSE, FITZGERAL.D & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 666.4461 EXPENSES OF CONSTRUCTING OFF -SITE WATER LINES: Notwithstanding any of the provisions of this Chapter, Water ,System, any person, firm, partnership, corporation or association or property owner who has not otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a water 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 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 which shall be known and referred to as the "Water Construction Equivalency Fee". In determining who has or has not paid, or contributed proportionately, toward the costs and expenses of constructing a water line, the sole factor shall be whether that user, or a predessossor 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 water 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 water line. The water construction equivalency fee for each parcel of ground connected to a trunk water line shall be established and set by the Water Board of Appraisers which shall consider the use AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone 88"461 Ito which the property will be put, the expected water demand, and the amount of delivery capacity of the trunk line that will be used by the proposed use; the Board shall also take into consideration the amount of land that might be able to be serviced by the trunk water 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 water line. The water 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 water construction equivalency fee shall be assessed in terms of single family equivalent connections. � SECTION 3. That Title 5, Chapter 1, Water Use, of the Revised and Compiled Ordinances of the City of Meridian, is I� hereby amended by the addition of a new Section to be known as it Section 5-124B, CO-OPERATIVE AGREEMENT, which shall read as follows; 5-124B: CO-OPERATIVE AGREEMENT: 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 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 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's, 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 part of the connection charges collected under section 5-124A 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 the construction costs of that water line and who are required to pay the water 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 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; the City may charge and may receive a ten percent (10%) administrative fee for handling the accounting, auditing, and payment of the AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 63642 Telephone 88"461 reimbursement payments made to the water user so extending the water line and having reached a reimbursement agreement with the City; all or a part of the water construction equivalency fee associated with the water line constructed and paid pursuant to Section 5-124A may be set aside and ear marked for re-imbursement pursuant to a re-imbursement agreement; the reimbursement agreement shall be personal to the water user entering into it and shall not be assigned without the written consent of the City, which consent will not be unreasonably withheld; that the agreement 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 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; said lines, after acceptance, shall become part of the City water system and be the sole property of the City. Where the City constructs a water 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. 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 �/�1' day of �2. 1987. ia ATTEST: J A C KIN. IEM CITY CLERK AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.446, CITY OF MERIDIAN BY GRAN P. �KINGSOR��� MAYOR