1987 06-16•
A G E.N D A
MERIDIAN CITY COUNCIL
JUNE 16, 1987
ITEM:
MINUTES OF PREVIOUS MEETING HELD JUNE 2, 1987: (APPROVED)
1: CONTINUATION OF PUBLIC HEARING ON MERIDIAN GREENS FINAL PLAT:
(APPROVED WITH CONDITIONS)
2: AWARD BID ON WATER LINE REPLACEMENT PROJECT: (TAKEN UNDER ADVISEMENT)
3: ORDINANCE # 482: AMENDING SEWER ORDINANCE: (APPROVED)
4: ORDINANCE # 483: AMENDING WATER ORDINANCE: (APPROVED)
5: APPROVE LATECOMER'S AGREEMENT & AUTHORIZE MAYOR & CITY CLERK
TO EXECUTE: (APPROVED)
6: AUDIT ENGAGEMENT: (APPROVED)
7: ROBIN PRINDLE,PRINDLE CONSTRUCTION: VARIANCE FOR LOT
COVERAGE: (VARIANCE PROCEDURE
TO BE FOLLOWED)
8: DEPARTMENT REPORTS:
•
MERIDIAN CITY COUNCIL JUNE 16, 1987
Regular Meeting of the Meridian City Council called to order by Mayor
Grant Kingsford at 7:30 p.m.:
Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler:
Others Present: Bob Mitich, Gary Smith, Kevin Robertson, Robin Prindle,
Steve Wherry, Don Hubble, Norm Fuller, Joe Plaza, Wayne Crookston.
The Motion was made by Tolsma and seconded by Myers to approve the
minutes of the previous meeting held June 2, 1987 as written:
Motion Carried: All Yea:
Item #1: Continuation of Public Hearing on Meridian Greens Final Plat:
Mayor Kingsford, at this time we will continue the Public Hearing, is
there anyone from the public that would like to offer futher testimony?
Mr. Hubble would you please come forward and explain the changes in
the Final Plat and answer any questions the Council might have?
,Hubble: Project Engineer for Meridian Greens, we returned this version
of the Final Pla?~:~ to the City Clerk the middle of last week, so it
could be distributed to the parties involved as well as the residents
within the 300 feet of the property. We are asking for Council approval
on this Final Plat tonite. I would answer any questions you would have?
Mayor Kingsford: the City Engineer & I visited about two or three things,
one is in regards to the covenants, in the covenants previously submitted
you talked about lots and blocks, this new plat changes those lots & blocks,
the covenants will need to be amended to reflect this plat. Another
thing is since Country Terrace Way has been eliminated from coming
through from Country Terrace Subdivision, you still have that street
name in Meridian Greens.
Hubble: What happens on that is the Ada County Street name Committee say
that if the streets are in alignment they still want them the same name.
There was discussion on whether the street name could be changed, mainly
because it creates a problem for emergency vehicles.
Hubble: We would have no problems changing the name of .the street if the
Street Name Committee would grant a new name. The Ada County Highway voted
to not open Country Terrace Way when the homeowners appealed that and so
they sent us back and advised to either realign the streets we had or
close that portion of Country Terrace Way, so we closed that portion of
Country Terrace Way. Now what they are saying is that they won't vacate
that if there are any objection from adjacent property owners. There
are some objections to that mainly the property owners of Meridian Greens.
So what ACHD has done, I guess in the essence of time to try and get
some thing done the ACHD has approved the plat and they .are forwarned
that there could be a chance of an amended plat coming back through.
What we have submitted to them is that this is the final plat and we
MERIDIAN CITY COUNCIL ~ •
JUNE 16, 1987
PAGE # 2
want to make the improvements up to thirty lots and make an non-develop-
ment agreement on the balance and that period come back and amend this
and have a chance to work it out.
Fuller: I guess it sound like if Scott and myself do not object, ACHD
might go ahead and vacate the street.
Mayor Kingsford: I think this ought to be resolved, if they are of the
opinion that it should be closed off, then let us approve it closed off,
and not have this up in the air. I think personally I agree it makes
more sense to have some of those streets carried though, you get. into°~'
some of the subdivisions and you just can't get here from there and I
think that is poor planning. At the same time I recognize their concern,
they have a nice quiet subdivision and I am sure they would like to
keep it that way but I would be of the opinion that if the ACHD want
to have it closed off, then let's approve it closed off and be done with
it.
Fuller: I would like the Council's opinion on this, we will abide by
what they want, we will not protest if they want it closed off, if
they want it open we will protest the closure.
Tolsma: I think myself if it was closed off and the name of the street
changed I would have no problem with it..but it ought to be one way or
the other you just can't leave it hanging in limbo.
Brewer: My feelings are I don't want to take on Country Terrace Subdiv-
ison again, those people I honestly think when they bought property
in that subdivision, they bought under the guide that it was kind of
a country club type closed area and they are going to fight that street
opening forever and I would rather not fool with them ever again.
Mayor Kingsford: On that issue, I know those people were sold that pro-
perty on the basis that this would be a golf cart path and I know certain-
ly they were told that, even though it had been platted and approved as
a street. There is always going to be ill feeling if that street was
to go through and I feel like let's finish it now, either approve it on
the basis of being open or closed and if it is the desire of the ACRD
at this moment to say its closed, let's leave it closed.
Giesler: I personally would like to see it open, I think it would work
much better for everyone in the long run, I think in the future they
might see it would have been better for them having it open, but we
need to have a decision one way or the other, if they decide to close
it, let's get it closed.
The other comments made by letter to the Mayor & Council by .the City
Engineer were discussed. (Letter on file with-these minutes)
Mayor Kingsford: Any other comments or questions of .the Council? There
were none. Is there anyone in the audience who wishes to offer testimony
on this application? There was no response, the Public Hearing was
closed. Councilman what is your decision on this application for Final
Plat on Meridian Greens?
MERIDIAN CITY COUNCIL . •
JUNE 16, 1987
PAGE # 3
The Motion was made by Brewer and seconded by Giesler to approve the
Final Plat for Meridian Greens Subdivision Unit # I and that Motion
include that it meets the requirements of Ada County Highway District,
our City Engineers recommendations, to include new covenants so that
they match the change in lot and block numbers and to pursue having
the street name change from Country Terrace Way to a different name.
Motion Carried: All Yea:
Item #2: Bid On Plater Line Replacement Project:
Mayor Kingsford: It is my understanding that we only received one bid
on this project,. would you like to make a recommendation on this Mr.
City Engineer:
City Engineer: We received one bid from Bitterroot Construction in the
amount of $18,258.00. We had four set of specification out but they are
the only one who returned the bid. They also left an abstract with me
of their estimate to show what they did as far as their pricing was con-
cerned everything looks reasonable to me. Their bid is more than what
we had estimated, we had estimated there would be about $9,000.00 in
materials and the rule of thumb is to take two time the materials for
the total cost of the job. Their bid was $18,258.00 for the labor only
as compared to $9,000.00. Apparently where they are having to deal with
urban area where they are dealing with driveways, trees and etc. it is
more expensive than two times the material cost. They want very much to
do the work.
Mayor Kingsford: I would suggest that the Council takes it under advise-
ment and have you do some investigation and maybe it would be some-
thing we could do in house.
City Engineer: The budget is not a particular problem, we have the funds
budgeted, I visited with the Water Superintendent and with his other
committments, we did not think maybe we could do this in house.
The Motion was made by Myers and seconded by Tolsma to take the bid
under advisement until the July 7, 1987 meeting,
Motion Carried: All Yea:
Item #3: Ordinance #482, Amending Sewer Ordinance:
Mayor Kingsford; An Ordinance amending the Sewer Ordinances of the City
of Meridian by repealing Sections 7-527A in the Sewer Ordinances of the
revised and oompl~ed Ordinances of .the City of ,Meridian and re-enacting
Section 7-527A, payment or contribution of ,proportionate cost and expenses
of cons~r~g sewer lines, s~i:ahat the specific schedule of ,charges is
deleted and making other changes: and amending Title 7, Chapter 5, sewer
use, of-the addition of a new section known as 7-527B which is a recod-
ification, with modifications, of Section 7-527A(B); and providing an
effective date,
The City Attorney explained what these changes were:
Mayor Kingsford: Is there anyone in the audience who wishes Ordinance
#482 read in its entirety? There was no response.
MERIDIAN CITY COUNCIL • •
JUNE 16, 1987
PAGE # 4
The Motion was made by Myers and seconded by Tolsma that the rules and ~
provisions of 50-902 and all rules and provisions rewiring that Ordin-`r
ances be read on three different days be dispensed with and that Ordina-
ance Number 482 as read be passed and approved.
Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea:
Item # 4: Ordinance #483, Amending Water Ordinance:
Mayor Kingsford: An Ordinance amending the Water Ordinances of the City of
Meridian by repealing Section 5-124A in the Water Ordinances of the revised
and c~nga~l'~c7. 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
1deleted and making other changes, and amending Title 5, Chapter 1, water
-use, of the revised and c~t~i:l'i~c7.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 5-124 A(B): and providing an effective
date, this makes the Water Ordinances conform to the Sewer Ordinance,
is there anyone in the audience who wishes Ordinance #483 read in its
entirety? There was no response.
The Motion was made by Myers and seconded by Tolsma that the rules and
provisions of 50-902 and all rules and provisions requiring that Ordin-
ances be read on three different days be dispensed with and that Ordin-
ance Number 483 as read be passed and approved:
Motion Carried: Giesler, Yea: Myers, Yea; ~'olsma, Yea: Brewer, Yea:
ITEM # 5: Approve Latecomer's Agreement & Authorize Mayor & City Clerk
to execute:
Mayor Kingsford: This Latecomer's Agreement will have to be approved
by Western States Equipment Company in this particular issue, so what
we need is for the Council to approve this agreement and authorize my-
self and the City Clerk to execute the agreement.
The Motion was made by Myers and seconded by Giesler to approve the
Latecomer's Agreement and authorize the Mayor & City Clerk to execute
the said agreement.
Motion Carried: All Yea:
Item #6: Audit Engagement:
Mayor Kingsford: The proposal by Messuri, Bates & Gibbons, our Auditors
last year, is for the same fee the City paid last-year and it would be
my recommendation that we engage Messuri, Bates & Gibbons to conduct
the City audit for this fiscal year.
The Motion was made by Myers and seconded by Tolsma that the City of
Meridian approve the proposal by Messuri, Bates & Gibbons to conduct
the City audit for the 1986-87 Fiscal Year.
Motion Carried: All Yea:
MERIDIAN CITY COUNCIL • •
JUNE 16, 1987
PAGE # 5
ITEM # 7: Additional Agenda Item, Robin Prindle, Prindle Construction
regarding shelter home he wants to construct in Meadowview II Sub.
Mayor Kingsford, I see Mr. Prindle is present, would you come forward
and explain what you plan on constructing?
Prindle:;We would like to construct a Shelter Home in Meadowview Sub.
Lot22, Block 12, the problem is under the City Ordinance it only allows
350 lot coverage by the building, our building cover 49% of the lot
area.
Mayor Kingsford, do the neighbors know what you plan to do on that lot?
Prindle: No.
Mayor Kingsford: The building you plan to construct, I guess I do not
have any problem with that, I think it is commendable what you plan to
do and our zoning does not have any effect on this type of building,
I would like to recommend to the Council that it be approved conditional
at least upon you getting the neighbors on two sides approval.
Myers: What do you propose to do, place the building in the middle of
that lot?
Prindle: The building will be within the setbacks. It is designed to
look like a home and will be well landscaped.
Giesler: I would like to mention , I went over the plans and it is a
very well designed project. With the landscaping it will be very nice.
I think it will be done very professionally from looking at other pro-
ject they have done. I personally do not have any problems with this
but think the Mayor made a good point about the neighbors and let them
know what you have in mind.
City Attorney: There is a Variance procedure, what you are doing is
granting a Variance from the Zoning & Development Ordinance.
Brewer: If everything as is said, there should be no problem execept
going through the procedure.
Mayor Kingsford: What kind of construction schedule are you on?
Prindle: I would like to start Monday, everything has been taken care
of, the loan has already been approved, it is already to go.
Mayor Kingsford, it would delay the project a month to go through the
procedure, I think we should definately follow our Ordinances but it
is something that is not so severe off our Ordinance but what we have
granted Variances before. I think I would feel comfortable if we got
confirmation back from the neighbors that they had no objection.
City Attorney: I agree you should follow the Ordinances, the reason that
Idaho Code reads the way it is, is because that people do object to hav-
ing that type of facility next to them, that is why the-Idaho Code says
you have to allow these types of residents in a residential zone. To me
I think you will save yourself a lot of headaches if you go through the
MERIDIAN CITY COUNCIL • •
JUNE 16, 1987
PAGE # 6
procedure now rather than fight it on end after you have already got
the unit built and somebody comes in and says the procedure was not
followed. I think you would save yourself a lot of problems down the
road.
Brewer, The Council, I think,.should take this advise, I hate to do this
to you, Mr. Prindle but I think one of the Attorney's best comments is
in the long run it maybe a lifesaver for you to.
It was the concensus of the Council that this should go through the
Variance procedure and it would be expedited as soon as possible, It
could be on the July 7, 1987 meeting.
Department Reports:
City Attorney: Do you want to bring up the Claremont situation?
Mayor Kingsford; It probably would be just as well to bring that up now,
it is past the eighteen month time frame that we talked about and I asked
the City Attorney to come up with what we needed to do with regard to that
termination.
City Attorney: Technically it terminated May 4, 1987 so it ran more time
than we allotted them, under the agreement it provides that if they fail
to meet a payment that, can be treated as their request to with-
draw their application, in the past however, do to some of the circum-
stances we have run into we did on one occasion send them what was en-
titled a default notice although the development agreement did specif-
ically require notice of default we did do that on one occasion, on the
last occasion the Council decided not to send a default notice but send
a courtesy letter to Mr. Davidson. I see it being handled one of two ways,
.which I would prefer the first, either send them a default notice saying
you are in default of the agreement you haven't paid giving the same time
as before, the other way is to send them a letter stating that their
failure to meet the terms of the agreement the City is terminating the
application.
Mayor Kingsford, I think we are talking about a different thing in this
instant, it is not a matter of them not meeting a monetary payment, this
time it is a time that they agreed to, that eighteen month period has
elapsed and so it is not a m~~.etary failure, it is the time they asked
for has elapsed, they have not picked up a building permit. I would like
to see us go with the second one and just say in there by failure to
pickup a building permit by the time specified we deem the agreement
terminated, if that is the wishes of the Council.
City Attorney: The only reason I prefer the other way is we have treated
it under the default procedure before. A default could be a payment or
other things like a failure to pickup a building permit.
The Motion was made by Myers and seconded by Giesler that the City Attor-
fiey s~r~d_a letter to Mr. Davidson of Claremont Development Company that
they are in default of the Development Agreement not only on the time
specified but also on the monetary portion and give them ten days to
respond to the City Attorney's letter.
Motion Carried: All Yea:
.MERIDIAN CITY COUNCIL • •
JUNE 16, 1987
PAGE # 7
Brewer: Just one thing, with our new City Hall going in and facing that
beautiful little park of the. Telephone Company's across the street, it
seems a shame that is well cared for and well shaded in the afternoon
that it can not be put to more use maybe in cooperation with the
Telephone Company with the possibility that three or four picnic tables
could be installed on concrete pads so the park atmosphere could be
maintained, with the City somehow accepting the responsiblity that the
area is kept clean. Seems like it could be used somehow for the people
in the area to eat their lunch during the noon hour and right now it
is a total waste.
Mayor Kingsford: This is a good idea Mr. Brewer, I would like to appoint
you to look into this.
City Clerk: Do not forget departmental budgets are due the end of the
month.
Being no further business to come before the Council the Motion was made
by Myers and seconded by Giesler to adjourn at 8:30 p.m.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
`"GRANT KINGSFO , R
ty Clerk
MayorO& Council
P & ~ Commission
Atty, Eng, Stuart
Ward, Mitich, Hallett
Kiebert, Fire, Police
Valley News, Statesman
ACRD, NIMD, CDH, ACC
Settlers Irrigation
Mail (2)
File (4)
OFFICIALS
JACK NIEMANN, Clty Clerk
A. M. KIEBERT, Treasurer
BRUCE D. STUART, Water Works Suet.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Weter3upt.
KENNY BOWERS, FI-eChief
ROY PORTER, Police Chief
GARY SMITH, Clty Engineer
HUB OF TREA.'''1R F 6'ALLE1' •
A Good Place to five
CITY OF MERIDIAN COUNCILMEN
BILL BREWER
RONALD R. TOLSMA
728 Meridian Street J. E. BERT MYERS
ROBERT GIESLER
MERIDIAN, IDAHO
83842 BOB SPENCER
Phone 888-4433 Chairman Zoning & Plenning
GRANT P. KINGSFORD
Mayor
June 12, 1987
MEMORANDUM
T0: HONORABLE MAYOR & COUNCIL
:•
RE: "MERIDIAN GREENS UNIT NO. 1 SUBDIVISION"-F~N~,L PLAT
FROM: GARY SMITH ~`~ ~~
a
~~'
~ .-
The arrangement of lots on the final plat of dais subdivision,
received by me on June 11~ does conform to the prelimZnary plat
that was submitted to you at your meeting on June 2 by Don Hubble.
My other comments are as follows: ~
1. The decision on street names is made by the Ada County
Street Name Committee, however, I wonder if "Country
Terrace Way" is appropriate when looking at tY>ie align-
ment of the same named street in Country Terrace Subd.
2. The geometrics of the curve C-5 shown on the bulbed
intersection of S.E. 5th Way and Antigua Street should
be such to allow for future extension of S.E. 5th to
Overland Road.
3. I did not receive the back sheet of the plat so I can
only assume the notes are the same as the First plat
submitted in Marche which were ok.
4. The following items need to be submitted to complete
the final plat review process:
a. Sanitary Sewer/Domestic Water development plans.
b. The second (curve table & notes) and third (signature)
sheets of the plat.
c. Declaration of Protective Covenants
r
•
(2)
d. Plan showing location of street lights.
e. Plan showing routing of irrigation water and
street drainage water and construction details
thereof. The irrigation plan should be sub-
mitted to and approved by the water users.
S' erely,
Gary D. 'th, P.E.
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, SOCH
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 RNOWN 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 ?-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
AMBROSE,
FITZGERALD
B~CROOKSTOM
Attomeye and
Counsetora
P.O. Box 427
McHdian,idaho
83642
Telephone 88&4481
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 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 arrcl
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.
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counaelore
P.O. Box 427
Mefldlan, Idaho
83842
Telephone 8884481
The sewer construction equivalency fee for each parcel of
EXPENSES OF CONSTRUCTING SEWER LINESs 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 Becton had the user not paid or
contributed previously to the cost of construction of the sewer
line.
AMBROSE,
FITZOERALD
8 CROOKSTOPI
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 8884481
The sewer construction equivalency fee for each parcel of
AMBROSE,
FITZdEPALD
& CROOKSTOPJ
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
e~ea2
Telephone 8884481
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 consistent 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,
FITZOERALD
B~CROOKSTON
Attorneys and
Counaetote
P.O. Box 427
Merldlan, Naha
83602
Telephone 88&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
BCROOKSTON
Attorneys end
Counselore
P.O. Bou 427
McHdlen,ldeho
83842
Telephone 88B~4481
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. day of ~ ~// ~ ,
1987.
CITY OF MERIDIAN
HY.9~~~ v'~'
GRANT P. RING FO
MAYOR
ATTEST:
AMBROSE,
FITZGERALD
&CROOKSTON
Attomays and
Counaerora
P.O. Box 427
McHdlan, Idaho
83842
Tetaphone 88Bd481
ORDINANCE N0. ~ ~~
AMBROSE,
FITZC3ERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone B88~4481
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 HARING
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
WATER LINES: CO-OPERATIVE AGREEMENTS is hereby repealed.
SECTION Z. 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,
FITZGERALD
&CROOKSTON
Attomeyeand
Counaetors
P.O. Box 427
Meridlen, Idaho
83842
Telephone B88~4481
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
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 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
AMBpOSE,
FITLGERALD
&CROOKSTON
Attorneys end
Counselors
P.O. Box 427
Meridlen, Idaho
83842
Telephone 8884481
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
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
MaNdlen, Idaho
83842
Telephone888~4481
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,
FITZ(iERALD
& CROOKSTON
AUomeys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 88B~4481
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 day of ,`~ !~~/~- ,
1987.
CITY OF MERIDIAN
BY ~C'i~
GRAN P. RINGS OR
MAYOR
ATTEST:
CLERK
AMBROSE,
FITZtiERALD
& CROOKSTON
A4QOmeys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 88&4189