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AGREEMENTS is hereby repealed.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