HomeMy WebLinkAboutRandy Ware Van Hees Subdivision,.ertified Mailing Retur
Project Name File NO(S) A
Date of Hearing
Name
Address
Reason for Return
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6665 W. Emerald St., Suitt) 200
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FEB 09 '00 14:10 PAGE.01
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The Oranteas hetcitl have read and appKored the fWkMbM;
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FEB 09 '00 14:10 PAGE.02
Meridian City Council
January 18, 2000
Page 68
Anderson: In light of that and the hour, I would make a motion that we table the
two public hearings on Items 9 and 10 until the 1St of February's meeting.
Bird: Don't you mean continue the public hearing?
Corrie: We'll need to continue —
Anderson: Continue the public hearing.
Corrie: It'll (inaudible) public hearing (inaudible) --
Anderson: Did we even open it?
Bird: Yeah, but he's up there testifying.
Gigray: You should just open it and then continue it.
(inaudible discussion)
Anderson: So the correct motion would be a motion to continue the public
hearing until February 1St
Bird: Second.
deWeerd: It still needs to be opened first. Doesn't it need to be opened to
continue it?
Corrie: It will be opened — continue the public hearing, it will be opened on
February the 1St due to the hour. Okay. A motion has been made and seconded.
Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Then the public hearing will be on February the 1St on Items No. 9 and
10.
(inaudible discussion)
Item 11. Request for hookup to city water and sewer on properties located
on Lots 13A and13Bin Van Hees Subdivision by Randy Ware —
on Linder Road approximately % mile south of Franklin Road:
Corrie: Item No. 11 is request for hookup to city water and sewer on properties
located on Lots 13A and 13B in the Van Hees Subdivision on Linder Road
approximately % mile south of Franklin Road. Okay. Shari, staff, this was a —
Gary.
Meridian City Council
January 18, 2000
Page 69
Smith: Mr. Mayor, Council members, I received a transmittal from City Clerk
Berg concerning this request. This property is located on the west side of Linder
Road approximately across the street from I think it was the last addition of the
Landing Subdivision. It appears from our zoning map it's contiguous, its frontage
on Linder Road is contiguous to what was previously annexed as part of the
Landing Subdivision, I think, No. 7, which is the southerly most piece. My
recommendation is that the property be annexed as part of the approval to
connect to city water and sewer which does exist in Linder Road. I think that's all
I have to say.
Corrie: Thank you. (inaudible) comments?
Bird: Do you want an annexation and everything in this, Gary?
Smith: Mr. Mayor, Council members, Councilman Bird, I think that unless it's part
of the approval, that property will not be annexed. It'll remain as County property
and we'll just have an enclave that will continue on in that area as the —
Corrie: They're not requesting annexation, are they?
Smith: No, sir. The request was just to connect to city sewer and water.
Corrie: If there's no incentive to (inaudible) Mr. Bird. Mr. Gigray.
Gigray: Point of information for the Mayor and Council and maybe the Public
Works Director can answer this. You have with your packet Ordinance No. 852
which the Council passed which is certain requirements that have to be met in
order for property to connect the water system outside of the city limits as well as
the sewer system, and it doesn't look to me as if the application which is here
submitted by Mr. Ware meets the requirements of that ordinance which is that in
the application that they would consent to the terms and conditions required by
these sections, and then that initiates a process where the Public Works Director
does an analysis about the affect of this hooking up on the system. One of the
things they have to agree to is the Council grants the application, it will include as
a condition that the legal owners of the parcel will enter into an agreement for the
extension of the water. In the case of the sewer, the sewer which provides that
they will agree that the ordinances apply and that it will be, in fact, if it's
annexable, that they will agree to the annexation. I don't see this letter including
— maybe Mr. Ware is here and can further clarify that, but it just doesn't seem like
it meets the requirements of the ordinance.
Corrie: Is that you?
Ware: Mr. Mayor, members of the Council, my name is Randy Ware, I live at
10464 Shady Brooke in Boise. I talked to Mr. Smith earlier today about the
application, and, apparently, there isn't — hasn't been one made up yet.
Meridian City Council
January 18, 2000
Page 70
Smith: Correct.
Ware: So I would like to state for the record though, that I do agree to the terms
and conditions of what is in this ordinance as far as anything — annexing into the
city limits and any of the other things that are in here. Basically, the application —
the ordinance — the application basically addresses items A, B, C, D, E and F
which are, in my opinion, only a formality which basically states that I will agree
to the terms and conditions of the agreement that we put together. All I'm trying
to do is hook up to city sewer and water out there on a couple of lots, and I think
that this ordinance allows for that, but the fact that there is no application
shouldn't penalize me from doing that. This ordinance went into effect December
7th and was in full force January 7th. You know, I'm ready to go with it, but its not
my fault that there isn't an application for me to fill out.
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: Mr. Gigray, if this were to be approved, the request, can conditions be
placed that he follow up with the application for annexation and zoning?
Gigray: Mr. Mayor, members of the Council and Councilperson deWeerd, we do
have form agreements that match these requirements for property owners to
sign, and then we record them. I might note that when you remember that a
water and sewer system has — there are many ordinances in place that protect
your water and sewer system, and if properties located outside of the city limits,
those ordinances don't apply. But what we do with the agreement is include
those as a condition of providing water and sewer so that they do apply to the
system and the delivery of the water and the sewer so that you protect your
sewer system against overloads and things that can happen that can cause
problems, and you can enforce it. Secondly, the agreement requires that if the
property is annexable, quite frankly, it's an agreement to be annexed if it's legally
possible, and in this instance, if it abuts the property, you could proceed to
annexation even because it's considered their consent. I think what Gary is
requesting in this instance that they would make an application for annexation
which I think requires a filing fee of some kind and they would initiate that
application rather than the City initiating it on its own. That's how I understand
Gary's comment. That could be included in the order if you choose to do that.
But I would say, I think these issues are important particularly what I see on the
horizon of potential legislation that might require votes for annexation of
properties where the property owner is not in favor of it and if there's a reason to
— if we're supplying water and sewer, I think you would want to do what you could
to assure that that consent has already been given, and that's what this is
designed to require. It sound.s like with the applicant's testimony here today, on
Meridian City Council
January 18, 2000
Page 69
Smith: Mr. Mayor, Council members, I received a transmittal from City Clerk
Berg concerning this request. This property is located on the west side of Linder
Road approximately across the street from I think it was the last addition of the
Landing Subdivision. It appears from our zoning map it's contiguous, its frontage
on Linder Road is contiguous to what was previously annexed as part of the
Landing Subdivision, I think, No. 7, which is the southerly most piece. My
recommendation is that the property be annexed as part of the approval to
connect to city water and sewer which does exist in Linder Road. I think that's all
I have to say.
Corrie: Thank you. (inaudible) comments?
Bird: Do you want an annexation and everything in this, Gary?
Smith: Mr. Mayor, Council members, Councilman Bird, I think that unless it's part
of the approval, that property will not be annexed. It'll remain as County property
and we'll just have an enclave that will continue on in that area as the —
Corrie: They're not requesting annexation, are they?
Smith: No, sir. The request was just to connect to city sewer and water.
Corrie: If there's no incentive to (inaudible) Mr. Bird. Mr. Gigray.
Gigray: Point of information for the Mayor and Council and maybe the Public
Works Director can answer this. You have with your packet Ordinance No. 852
which the Council passed which is certain requirements that have to be met in
order for property to connect the water system outside of the city limits as well as
the sewer system, and it doesn't look to me as if the application which is here
submitted by Mr. Ware meets the requirements of that ordinance which is that in
the application that they would consent to the terms and conditions required by
these sections, and then that initiates a process where the Public Works Director
does'an analysis about the affect of this hooking up on the system. One of the
things they have to agree to is the Council grants the application, it will include as
a condition that the legal owners of the parcel will enter into an agreement for the
extension of the water. In the case of the sewer, the sewer which provides that
they will agree that the ordinances apply and that it will be, in fact, if it's
annexable, that they will agree to the annexation. I don't see this letter including
— maybe Mr. Ware is here and can further clarify that, but it just doesn't seem like
it meets the requirements of the ordinance.
Corrie: Is that you?
Ware: Mr. Mayor, members of the Council, my name is Randy Ware, I live at
10464 Shady Brooke in Boise. I talked to Mr. Smith earlier today about the
application, and, apparently, there isn't — hasn't been one made up yet.
Meridian City Council
January 18, 2000
Page 70
Smith: Correct.
Ware: So I would like to state for the record though, that I do agree to the terms
and conditions of what is in this ordinance as far as anything — annexing into the
city limits and any of the other things that are in here. Basically, the application —
the ordinance — the application basically addresses items A, B, C, D, E and F
which are, in my opinion, only a formality which basically states that I will agree
to the terms and conditions of the agreement that we put together. All I'm trying
to do is hook up to city sewer and water out there on a couple of lots, and I think
that this ordinance allows for that, but the fact that there is no application
shouldn't penalize me from doing that. This ordinance went into effect December
7t" and was in full force January 7t". You know, I'm ready to go with it, but it's not
my fault that there isn't an application for me to fill out.
deWeerd: Mr. Mayor.
Corrie: Mrs. deWeerd.
deWeerd: Mr. Gigray, if this were to be approved, the request, can conditions be
placed that he follow up with the application for annexation and zoning?
Gigray: Mr. Mayor, members of the Council and Councilperson deWeerd, we do
have form agreements that match these requirements for property owners to
sign, and then we record them. I might note that when you remember that a
water and sewer system has — there are many ordinances in place that protect
your water and sewer system, and if properties located outside of the city limits,
those ordinances don't apply. But what we do with the agreement is include
those as a condition of providing water and sewer so that they do apply to the
system and the delivery of the water and the sewer so that you protect your
sewer system against overloads and things that can happen that can cause
problems, and you can enforce it. Secondly, the agreement requires that if the
property is annexable, quite frankly, it's an agreement to be annexed if it's legally
possible, and in this instance, if it abuts the property, you could proceed to
annexation even because it's considered their consent. I think what Gary is
requesting in this instance that they would make an application for annexation
which I think requires a filing fee of some kind and they would initiate that
application rather than the City initiating it on its own. That's how I understand
Gary's comment. That could be included in the order if you choose to do that.
But I would say, I think these issues are important particularly what I see on the
horizon of potential legislation that might require votes for annexation of
properties where the property owner is not in favor of it and if there's a reason to
— if we're supplying water and sewer, I think you would want to do what you could
to assure that that consent has already been given, and that's what this is
designed to require. It sounds like with the applicant's testimony here today, on
Meridian City Council
January 18, 2000
Page 71
the record, that he is — we have something in the record that says he will agree to
that.
Corrie: Okay. Any comments, questions?
Bird: I have none.
Corrie: Gary.
Smith: Mr. Mayor, Council members, we do have an agreement for connection
of property outside the city limits; I think that's what Bill's referring to. It does
include a provision for annexation. We do not have an application that is outlined
in this ordinance. I have not developed that application yet. That's what I related
to Mr. Ware today on the telephone, but as Bill points out, it's my
recommendation that the property be annexed as part of the provision to provide
or for them to connect, and Mr. Ware's agreeing to that. I would assume that he
would be agreeable to sign this — at least review and enter into the agreement
that we have'for provision of providing of service outside — for property outside
the city limits, presently outside the city limits.
Ware: Mayor, members of the Council, I would agree to that. I do have a
request, though, that while this process of annexation is taking place that I be
allowed to go ahead and begin the hook-up process that is involved. Timing -
wise it would be much more beneficial.
Bird: (inaudible) with that.
Corrie: Could be done (inaudible) Council wants to do it.
Smith: Mr. Mayor, Council members, I mentioned to Randy on the phone today
that I don't have a problem with that proposal as long as the process continues
on. If the process stalls for any reason and it goes away,. then so will the
connection. We will eliminate the connection.
Corrie: You have no problem with that?
Ware: No problem with that.
Smith: Okay.
Anderson: (inaudible)
Gigray: Mr. Mayor, members of the Council, I wanted to intervene here just so
Gary could comment. My recommendation would be that in the agreement and
the order we would make a requirement that he make application for annexation
and zoning into the city, and, of course, would not impede that process. The city
would not pre -commit itself on an issue like that because it's quasi-judicial by
Meridian City Council
January 18, 2000
Page 72
saying the service would be disconnected. I think that once that process gets
started, it will complete itself on its own, and as long as we have a provision in
there that the property owner wouldn't impede that process, I think that could
protect us as long as Gary's comfortable with that. See, my point is that, you
know, we still have to have a fair and impartial decision maker at some point on
the annexation and zoning, and I just want to protect that on the one side in this.
As long as if he turns around and sells and we have a provision in the agreement
that they won't impede that process, it can move forward anyway.
Corrie: Mr. Smith.
Smith: Okay with me.
Corrie: All right. Then I will entertain a motion to that effect.
Anderson: Mr. Mayor, I'll take a stab at this. I would make a motion that we
allow Mr. Randy Ware to hook up to city water and sewer on properties located
on Lots 13A and 13B in the Van Hees Subdivision on Linder Road providing that
he make application to the City for annexation and zoning and does not impede
that progress.
Bird: Second.
Corrie: Okay. Motion made by Mr. Anderson, seconded by Mr. Bird to approve
the hook-up to city water and sewer with agreement that they make the
application to the city annexation and zoning without impeding the process of the
water and sewer. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
12. Department Reports:
A. City Treasurer — Janice Smith:
1. Treasurer's Report:
Corrie: Department Reports. Treasurer, is Janice still here?
Smith: Mayor and Council, Ron was asking earlier in the evening about the
variance that we had, and I pulled out my notebook, a copy that was given to
them in December and that shows a variance. On the white page, it also gives
you some past history also. But for the report tonight, I also typed up something
in case you forgot what I, you know, as it's been a long night and everything, and
you might have some questions later. What I wanted to go over tonight quickly
was the summary that you got this month was a little bit different format because
January 14, 2000
MERIDIAN CITY COUNCIL MEETING: JANUARY 18 2000
APPLICANT: RANDY WARE AGENDA ITEM NUMBER:
REQUEST: REQUEST FOR HOOKUP TO CITY WATER AND SEWER ON PROPERTIES LOCATED IN VAN BEES
SUBDIVISION
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED INFORMATION
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION: nf9
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
CITNFR•
All Materials presented at public meetings shall become property of the City of (Meridian.
RECEIVED
-JIAN 10 2000
City of Meridian
City Clerk Office
January 10, 2000
Meridian City Council,
This letter is to request the City of Meridian to allow hookup to city water and city sewer
on properties located on lot 13A and lot 13B of Van Hees Sub. This property is on
Linder Rd. about 1/a mile south of Franklin Rd. The address of 635 S. Linder Rd. is just
south of the subject property.
Thank You,
Randy Wire
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CITY OF MERIDIAN
ORDINANCE NO. 9-5Z—
AN
-5Z
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING
SECTION 16, CHAPTER 1 OF TITLE 9, MERIDIAN CITY CODE,. AND
AMENDING CHAPTER I OF TITLE 9 AND THE ADDITION THERETO OF A
NEW SECTION 16 TO PROVIDE FOR THE EXTENSION AND CONNECTION
OF WATER SERVICE OUTSIDE THE CITY LIMITS, AND REPEALING
SUBSECTION A, SECTION 26, CHAPTER 4 OF TITLE 9, MERIDIAN CITY
CODE AND AMENDING SECTION 26, CHAPTER 4, TITLE 9 MERIDIAN CITY
CODE BY THE ADDITION THERETO OF A NEW SUBSECTION A TO
PROVIDE FOR THE EXTENSION AND CONNECTION OF SEWER SERVICE
OUTSIDE THE CITY LIMITS, AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY; IDAHO:
SECTION 1: That Section 16 of Chapter 1 of Title 9, Meridian City Code,
be and the same is hereby repealed.
SECTION 2: That Chapter I of Title 9, Meridian City Code, is hereby
amended by the addition thereto of a new Section 16 to read as follows:
9-1-16: Connection to the City Water System Outside of the Citv Limits: In
order to obtain Municipal Water System service to parcels which are either
partially or entirely outside of the corporate City limits the following provisions
must be complied with:
A. There shall be an application form which shall provide that the
applicant will agree to the terms and conditions required by this
section as a consideration for obtaining such service. The City
Council shall establish an application fee which fee shall be based
upon various classes of applications as recommended by the Public
Works Director given the amount of staff review required for
processing the application. The application form shall specify the
' legal description of the parcels for which service is being applied, the
name and address of the legal owner/s of the parcel/s and purpose of
the requested service.
B. A completed application must be filed with the Public Works
Department.
ORDINANCE - 1
C. Following the filing of a completed application form and the
payment of the application fee the Public Works Director shall then
review the circumstances presented by the application in accordance
with the terms and conditions and regulations of this Chapter as are
relevant to the application and which shall also include a review of
the effect the granting of the application will have on the ability of
the Municipal Water System to provide an acceptable level of service
to developed parcels with existing service within the City limits
which shall not be compromised.
D. The Public Works Director shall then review the findings and
recommendations with the applicant for comment.
E. The Public Works Director shall then submit the application and a
report of recommendations to the City Council regarding the
application.
F. The City Council, in the exercise of its discretion may either grant or
deny the application after review of the application and the report of
recommendation/s of the Public Works Director.
G. In the event the Council grants the application it shall include as a
condition that the legal owner/s of the parcels shall enter into an
"Agreement for the Extension of Domestic Water Service Outside
the City Limits" [hereinafter in this section referred to as the
"Agreement"] which agreement form shall provide that the legal
owner/s of the parcels agree that the provisions of the City's
ordinances, regulations, and policies, and inspection fees, which
appertain to the regulation, control and use of its domestic water
system including hook up, service fees as apply terms of the
"Agreement" and which form shall also provide that the owner/s of
the parcels agree to the annexation into the City of the parcels
serviced; and the Council may also impose such other conditions of
granting the application as are reasonable to assure the protection of
the level of service to developed parcels within the City limits and to
assure that the proprietary funds of the City domestic water service
are not used for the extension and or enlargement of the system
which conditions shall also be included in the "Agreement".
H. The water user of the parcels serviced pursuant to a granted
application under this section shall be considered a user and subject
to the terms and conditions of the "Agreement" so long as the
ORDINANCE - 2
property being served remains outside of the corporate limits of the
City.
SECTION 3: That Subsection A of Section 26 of Chapter 4 of Title 9,
Meridian City Code, be and the same is hereby repealed.
SECTION 4: That Section 26 of Chapter 4 of Title 9, Meridian City Code,
is hereby amended by the addition thereto of a new Subsection 26 A to read as follows:
9-4-26A: Connection to the Citv Sewer Svstem Outside of the Citv Limits. In
order to obtain Municipal Sewer System service to parcels which are either
partially or entirely outside of the corporate City limits the following provisions
must be complied with:
A. There shall be an application form which shall provide that the
applicant will agree to the terms and conditions required by this
section as a consideration for obtaining such service. The City
Council shall establish an application fee which fee shall be based
upon various classes of applications as recommended by the Public
Works Director given the amount of staff review required for the
processing the application. The application form shall specify the
legal description of the parcels for which service is being applied, the
name and address of the legal owner/s of the parcels and purpose of
the requested service.
B. A completed application must be filed with the Public Works
Department.
C. Following the filing of a completed application form and the
payment of the application fee the Public Works Director shall then
review the circumstances presented by the application in accordance
with the terms and conditions and regulations of this Chapter as are
relevant to the application and which shall also include a review of
the effect the granting of the application will have on the ability of
the Municipal Sewer System to provide an acceptable level of service
to developed parcels with existing service within the City limits
` which shall not be compromised.
D. The Public Works Director shall then review the findings and
recommendations with the applicant for comment.
E. The Public Works Director shall then submit the application and a
ORDINANCE - 3
report of recommendations to the City Council regarding the
application.
F. The City Council, in the exercise of its discretion may either grant or
deny the application after review of the application and the report of
recommendations of the Public Works Director.
G. In the event the Council grants the application it shall include as a
condition that the legal owner/s of the parcels shall enter into an
"Agreement for the Extension of Domestic Sewer Service Outside the
City Limits" [hereinafter in this section referred to as the
"Agreement"] which agreement form shall provide that the legal
owner/s of the parcels agree that the provisions of the City's
ordinances, regulations and policies which appertain to the
regulation, control and use of its domestic sewer system including
hook up, service fees, and inspection fees, apply as terms of the
"Agreement" and which form shall also provide that the owner/s of
the parcels agree to the annexation into the City of the parcels
serviced; and the Council may also impose such other conditions of
granting the application as are reasonable to assure the protection of
the level of service to developed parcels within the City limits and to
assure that the proprietary funds of the City domestic sewer service
are not used for the extension and/or enlargement of the system
which conditions shall also be included in the "Agreement".
H. The sewer user of the parcels serviced pursuant to a granted
application under this section shall be considered a user and subject
to the terms and conditions of the "Agreement" so long as the
property being served remains outside of the corporate limits of the
City.
SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 6: VALIDITY: The Meridian City Council hereby declares that
any section, paragraph, sentence or word of this Ordinance as adopted and amended
herein be declared for any reason to be invalid it is the intent of the Meridian City
Council that it would have passed all other portions of this ordinance independent of the
elimination herefrom of any portion as may be declared invalid.
ORDINANCE - 4
'i
SECTION 7: DATE OF EFFECT: This ordinance shall be in full force and
effect within one (1) month after its passage, approval and publication, according to law.
PA SED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7�� day
of `n � , 1999.
1-1
APPRO ED BY THE E MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 77t�j
day of f 1999.
ATTEST:�' �Y' `
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City Cleric
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ORDINANCE - 5
r
or Robert D. Corrie
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To: Will Berg, Jr. ® City Clerk
E: om: Cary C. Smith, PE
CC: file
DIM 01 /13/00
Re: Randy Ware Request to Connect to Seaver and :Tater
W -111i: After reviewing the submittal you recently transmitted to me or this request, I suggest
that this property needs to be annexed into our city to receive sewer and water
service. If it isn't annexed now, there will be no incentive for the owners to request
annexation at a later date and it will continue to be an enclave until such time as it is annexed
by the City of Meridian.
Jar; 5
From the desk of...
Gary D. Smith, PE
'Meridian City Engineer
Meridian Pub-Iic Work,, Denarhnent
200 E. Carlton St., Suite 100
Meridian, Idaho 83612--2600
(208) W8 2211
• Page 1 Fax: (los) 887--12F
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SULJIVISION EVALUATION bliEET
Proposed Development Name Private Road for Randy Ware File #
Date Reviewed 12/08/99 Preliminary Stage _
Engineer/Developer Tealey's Land Surveying
Final
The Street name comments listed below are made by the members of the ADA COUNTY STREET
NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in
accordance with the Boise City Street Name Ordinance.
The following_ street name is approved for the private road south of W. Franklin Rd. east off of
"W Joshua Lane" DEC 2 0 1999
OF 1N 11,1All.€';F
The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must
be secured by the representative or his designee in order for the street names to be officially
approved.
ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES
Ada County Engineer John Priester Date
Community Planning Assoc. Sue Hansen Date
City of Meridian (Impact Area) Cheryl Sable / LfDate _ A241P -72
Meridian Fire District Representative Date 12 - 19 -
NOTE: A'copy of this evaluation sheet must be presented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed 1111
Subindex Street Index Section
NUMBERING OF LOTS AND BLOCKS
TR\SU8S%SM_CITY.FRM
650 Main Street ADA COUNTY DEVELOPMENT Shy: JIGS
Boise, ID 83702 STREET NAME APPLICATION
(208) 364-227
FILE #:
Location: Quarter:A1� Section: A- Township: 3N Range: / GJ Total Acres: �• 0?5
Site Address:
Area of City Impact-. 122&1ZI 0; AN
Tax Parcel Number: )?7'125&001790
APPLICANT:
Name: /1 ?A4 (0
nA4(0 v a)A��
Address:
City: 00 i 5 g� State: _ �,4 f&9
Zip: 93-20y Telephone:
PROPOSED STREET NAME: 7DSHJ�4 4,41V15;:
ALTERNATE STREET NAMES:
2.� GA�ci�
3._���c�-1
4 au-) &) r -,,J3 aTF LAAJZ:-:-
5. %Mal -<OA GlJ,cf�
0
NOTE: All proposed streets shall be checked for alignment with existing streets. There shall be no
duplication of street names by sound or spelling within Ada County. Differentiation shall not be by the
addition of suffixes such as Lane, Street, Avenue, Way, Court, or Place. Any private street off an existing
dedicated street shall have a sign indicating its name and designation "Lane" as required by Ada County
Ordinance 558-1-82.
Applicant
Ada County Engineer
Ada County Mapping
r:\\dsl\planning\docs\forms\StreeLN-ame.doc
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Date
Date
Date
F3ECEIVEb
N 0 V 0 1 1999
ADA COUNTY
DEVELOPMENT SERVICES
revised 8/18/99
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RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY,
AN AGREEMENT ENTITLED "AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS", BY AND
BETWEEN THE CITY OF MERIDIAN AND RANDY R. WARE AND ELIZABETH J.
WARE, HUSBAND AND WIFE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement
with RANDY R. WARE AND ELIZABETH J. WARE, husband and wife, denoted as
"AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM
OUTSIDE THE CITY LIMITS", a copy of which is attached hereto marked as Exhibit "A" to
this Resolution, the reasons and authority for which are set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with RANDY R. WARE AND ELIZABETH J.
WARE, husband and wife, entitled "AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S 5EWER/WATER SYSTEM OUTSIDE THE CITY LIMITS", dated the —
day of_ E.Gohrec &,,- r� , 2000, by and between the City of Meridian and RANDY R.
WARE AND ELIZABETH J. WARE, husband and wife, a copy of which is attached hereto
marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of
2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this �_ day of
Resolution (Randy Ware) - 1 of 2
2000.
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Attest: ,•�`��� Or MEPI'l-
SEAL
ity Clerk = �o �`�
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Resolution (Randy Ware) - 2 of 2
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws of the State of Idaho, with its principal
office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian ofits records and minutes
and do hereby certify that on the 5'`day of6Icza,7
2000, the following action has been taken and authorized: 61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY
CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS", BY AND BETWEEN THE CITY
OF MERIDIAN AND RANDY R. WARE AND ELIZABETH J. WARE, HUSBAND AND
WIFE.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement
with RANDY R. WARE AND ELIZABETH J. WARE, husband and wife, denoted as
"AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERAVATER SYSTEM
OUTSIDE THE CITY LIMITS", a copy of which is attached hereto marked as Exhibit "A" to
this Resolution, the reasons and authority for which are set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as
follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with RANDY R. WARE AND ELIZABETH J.
WARE, husband and wife, entitled "AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS", dated the /5 -IL
day of 6%ua,, cti. , 2000, by and between the City of Meridian and RANDY R.
WARE AND ELIZAB9TH J. WARE, husband and wife, a copy of which is attached hereto
marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions.
STATE OF IDAHO, )
. ss:
County of Ada,
G. Berg, Jr.
``WJAIII It rlrrlrr��/
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On this /5 day of % c�.G� 2 G[ Gl/V( , in the year 2000, before me,
Ski I bo r+ ljoair/ , a Notary Public, appeared WILLIAM
G. BERG, YR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that
executed the said instrument, and acknowledged to me that he executed the same on behalf of the
City of Meridian.
• �, 'O T
(SEAL)�, •;
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Notary PiMe for Idaho
Commission Expires:
Z:\Work\M\Meridian 15360M\Ware Randy WaterSewerHookupAgmt\Certof Clerk
lAon,
j , , 2000 for
MERIDIAN CITY COUNCIL MEETING: FEBRUARY -1, 2000
APPLICANT: DEPARTMENT REPORT -CITY CLERK WILL BERG AGENDA ITEM NUMBER:
4
REQUEST: COES
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRE
CITY ATTORNEY:
CITY POLICE DEPT:
is
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL I
MERIDIAN POST OFFI—
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
SEE ATTACHED
OTHER:
Materials presented at public meetings shall become property of the City of Meridian.
y 0 h11J
interoffice 14�
MEMORANDUM TIC
To: William G. Berg, Jr.
cc: Gary Smith, Public Works (memo only)
CITY F MERIDIAUN
From: Wm. F. Nichols
Subject: Randy Ware Sewer/Water Hookup / File No. 4.6.17
Date: February 11, 2000
Will:
Please find enclosed the originals of the Order Granting Application to
Provide City Water and Sewer Service Outside the City Limits Subject to Conditions
and the Agreement for Hookup to the City of Meridian's Sewer/Water System
Outside the City Limits, for the above matter.
First, please have the Order. signed by the Mayor and then attest it.
Secondly, have the Mayor sign the Agreement as it is authorized in the Order. Upon
the Mayor's execution of both the Order and Agreement, please then have Mr. Ware
execute the Agreement. After both documents have been fully signed please forward
copies of the Order and the Agreement to Mr. Ware.
I have also included the original of the Resolution and Certificate of the
Clerk.
Additionally, after your office has the original Agreement recorded,
please submit copies of those two documents upon the Public Works Dept. and City
Attorney.
If you have any questions please advise.
Z:\Work\M\Meridian 15360M\Ware Randy WaterSeknerHookupAgmt\Berg020100.Mem
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
THIS AGREEMENT is made and entered into this day of
, 2000, by and between CITY OF MERIDIAN, a
Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and
RANDY R. WARE and ELIZABETH J. WARE, husband and wife, as hereinafter
defined and hereinafter referred to as "SEWER/WATER USER".
1. RECITALS:
1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or
in equity of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit "A", which is attached hereto and by
this reference incorporated herein as if set forth in full,
hereinafter referred to as the "Property"; and
1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities
to establish, create, develop, maintain and operate sewer/water
systems; and
1.3 WHEREAS, "City" operates and maintains and develops a
sewer/water system; and
1.4 WHEREAS, the "City" has enacted ordinances governing its
sewer/water system codified in Meridian City Code §§ 9-1-16 and
9-4-26; and
1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real
Property" hereinafter described which is presently located
outside of the city limits of the "City"; and
1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining
connection to the sewer/water to serve the "Real Property" and
the "City" is willing to provide that connection to the sewer/water
service to the "Sewer/Water User" subject to the terms and
conditions and consideration of this agreement, and it is
specifically agreed that as a specific consideration of the "City's"
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 1 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (RANDY WARE)
willingness to enter into this agreement that the "City's"
"Ordinance" and "Policy/Regulations" which govern its
sewer/water system be included as terms and conditions of this
agreement and that the "Sewer/Water User" provide perpetual
consent to annexation of the "Real Property" in to the "City".
2. DEFINITIONS:
For all purposes of this agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted
as herein provided for, unless the clear context of the presentation of the
same requires otherwise:
2.1 "City": means and refers to the City of Meridian, County of Ada,
State of Idaho.
2.2 "Sewer/Water User": means and shall refer to Randy Ware, who
is the owner of the real property.
2.3 "Real Property": means and shall refer to certain parcel(s) of real
property located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length together with
improvements thereon.
2.4 "Ordinance": means and shall refer to the City's ordinances that
appertain to the regulation and control and use of its sewer/water
system presently codified at Meridian City Code §§ 9-1-16 and 9-
4-26, and this definition specifically includes any prospective
amendments and/or recodifications to said ordinances or any
parts thereof, and shall also refer to any other ordinances of the
City of Meridian governing the "Sewer/Water System".
2.5 "Policy/Regulations": means and shall refer to any City Council
enacted policy and/or regulation of its sewer/water system.
2.6 "Sewer/Water System": means and shall refer to the City's
sewer/water system.
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 2 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (RANDY WARE)
NOW THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
3. INCORPORATION OF RECITALS:
That the above recitals are contractual and binding and are incorporated
herein as if set forth in full.
4. PROVISION OF SEWER/WATER HOOKUP SERVICE:
The "City" agrees to allow a connection to the "Sewer/Water System" to
service the "Real Property" subject to the terms and conditions of this Agreement.
5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER
USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO
THE REAL PROPERTY:
The hookup and assessment costs relative to the "Sewer/Water System"
connection shall be the responsibility of the "Sewer/Water User".
6. ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the sewerAvater
service and connection and are herein incorporated as specific terms of this agreement
and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are
amended or recodified, this agreement is automatically amended in accordance
therewith.
7. ANNEXATION:
The "Sewer/Water User" is required to immediately submit an
application for annexation of the "Real Property", which is a condition precedent to
the "City" providing "Sewer/Water System" service to the "Real Property". The
"Sewer/Water User" herein gives perpetual consent to such annexation and agrees to
pay the annexation application fee. This provision of this Agreement is a written
request and application for such annexation in accordance with I.C. § 50-222 or any
amendments or recodification of said statute.
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 3 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (RANDY WARE)
8. HOOKUP AND SERVICE FEES:
The charges for hookup, inspection, and service fees shall be in
accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are
applicable for real properties outside of the city limits.
9. REQUIREMENT FOR RECORDATION:
"City" shall record either a memorandum of this Agreement or this
Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit
proof of such recording to "Sewer/Water User".
10. DEFAULT:
Any failure to perform the terms and conditions of this agreement shall
be a default.
11. REMEDIES:
11.1 This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Sewer/Water User", or by any
successor or successors in title or by the assigns of the parties
hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained
herein.
11.2 In the event of a default, written Notice of Default shall be served
and defaulting -party shall then have thirty (30) days after
delivery of notice of default to correct the same before the non -
defaulting party may seek any remedy provided for herein.
11.3 In the event the performance of any covenant to be performed
hereunder by either "Sewer/Water User" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of
time of such delay.
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 4 of 8
MERIDIAN'S SEWER/WATER SYSTEM. OUTSIDE .
THE CITY LIMITS (RANDY WARE)
12. NOTICES:
12.1 Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally
delivered or three (3) days after deposit in the United States
Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY: PROPERTY OWNER:
c/o Meridian City Engineer Randy R. Ware and Elizabeth J.
Gary Smith Ware
City of Meridian 10464 Shady Brooke
200 E. Carlton, Suite #101 Boise, Idaho
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
12.2 A party shall have the right to change their address by delivering
to the other party a written notification thereof in accordance
with the requirements of this section.
13. ATTORNEY FEES:
Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any
other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to
be a separate contract between the parties and shall survive any default, termination
or forfeiture of this Agreement.
14. TIME IS OF THE ESSENCE:
The parties hereto aclu-iowledge and agree that time is strictly of the
essence with respect to each and every term, condition and provision hereof, and that
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 5 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (RANDY WARE)
the failure to timely perform any of the obligations hereunder shall constitute a
breach of and a default under this Agreement by the other party so failing to perform.
15. BINDING UPON SUCCESSORS:
This Agreement shall be binding upon and inure to the benefit of the
parties' respective heirs, successors, assigns and personal representatives, including
"City's" corporate authorities and their successors in office. This Agreement shall be
binding on the owner of the property, each subsequent owner and each other person
acquiring an interest in the Property. Nothing herein shall in any way prevent sale
or alienation of the Property, or portions thereof, except that any sale or alienation
shall be subject to the provisions hereof and any successor owner or owners shall be
both benefitted and bound by the conditions and restrictions herein expressed.
16. INVALID PROVISION:
If any provision of this Agreement is held not valid by a court of
competent jurisdiction, such provision shall be deemed to be excised therefrom and
the invalidity thereof shall not affect any of the other provisions contained herein.
17. FINAL AGREEMENT:
This Agreement sets forth all promises, inducements, agreements,
condition and understandings between "Sewer/Water User" and "City" relative to the
subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between "Sewer/Water
User" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by thein or their successors in interest or their assigns, and pursuant, with
respect to "City", a duly adopted resolution of "City".
18. TERMINATION:
At such time as the "Real Property" is annexed into the City" this
agreement shall terminate except for any default that exists at such time shall still be
enforceable pursuant to the terms of this agreement.
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 6 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (RANDY WARE)
19. EFFECTIVE DATE:
This Agreement shall be effective at such time as both parties have
executed this Agreement.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and made it effective as hereinabove provided.
ELIZABETH J. WARE
CITY OF MERIDIAN
MAYOR ROBERT D. CORRIE
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
BY RESOLUTION NO.
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 7 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (RANDY WARE)
STATE OF IDAHO, )
ss.
County of Ada )
On this day of , in the year 2000, before
me, , a Notary Public, personally
appeared Randy R. Ware and Elizabeth J. Ware, husband and wife, known or
identified to me to be the person who executed the instrument and aclulowledged to
me that he executed the -same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year in this certificate first above written.
(SEAL)
STATE OF IDAHO,
ss.
County of Ada )
Notary Public for Idaho
Residing at:
My Commission Expires:
On this day of , in the year 2000, before
me, , a Notary Public, personally
appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known or identified to
me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed
the instrument or the persons that executed the instrument on behalf of said City,
and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
Z:\Work\M\Meridian 15360N1\Ware Randy WaterSewerHookupAgmt\SewerWaterOutsideCity.Agmt
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 8 of 8
MERIDIAN'S SEWERWATER SYSTEM OUTSIDE
THE CITY LIMITS (RANDY WARE)
interoffice
MEMORANDUM
To: William G. Berg, Jr.
REc"vED
cc: Gary Smith, Public Works (memo only) FEB 1 1 7000
CITY OF MERIDIAN
From: Wm. F. Nichols
Subject: Randy Ware Sewer/Water Hookup / File No. 4.6.17
Date: February 11, 2000
Will:
Please find enclosed the originals of the Order Granting Application to
Provide City Water and Sewer Service Outside the City Limits Subject to Conditions
and the Agreement for Hookup to the City of Meridian's Sewer/Water System
Outside the City Limits, for the above matter.
First, please have the Order signed by the Mayor and then attest it.
Secondly, have the Mayor sign the Agreement as it is authorized in the Order. Upon
the Mayor's execution of both the Order and Agreement, please then have Mr. Ware
execute the Agreement. After both documents have been fully signed please forward
copies of the Order and the Agreement to Mr. Ware.
I have also included the original of the Resolution and Certificate of the
Clerk.
Additionally, after your office has the original Agreement recorded,
please submit copies of those two documents upon the Public Works Dept. and City
Attorney. 1 A
If you have any questions please advise.
ZAWork\M\Meridian 15360M\Ware Randy WaterSe%verHoolcupAgint\Berg020100.Mem
** TX CONFIRMATION REPORT ** AS OF FEB 18 '00 10:22 PAGE.01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS
02 02/18 10:21 LEGAL DEPARTMENT EC --S 00'22" 001 075 OK
F� 2000
MERIDIAN CITY COUNCIL MEETING: FEBRUARY! Tr 2000 JJ
APPLICANT: DEPARTMENT REPORT- CITY CLERK WILL BERG AGENDA ITEM NUMBER: /7-C - t
REQUEST:JQli/tCIGJ ware, Sewer- *Okao
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT: (�
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION.
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Materials presented at public meetings shall become property of the City of Meridian.
Fax
To: &?Pd,44 Wa,,rCl,'
City of Meridian
City Clerk's Office
Phone: (208) 888-4433
Fax: (208) 888-4218
,S
From: be,lb
Fax: Z, - It 7 �7 Date:
Phone: Pages:
Re: CC:
El URGENT
El FOR REVIEW
F -I
FOR COMMENT
El
FOR REPLY
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IL
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** TX CONFIRMATION REPORT **
DATE TIME TO/FROM
02 03/07 11:01 2083239075
Fax
To:
AS OF MAR 07 '00 11:04 PAGE.01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
EC --S 03'18" 009 081 OK
City of Meridian
City Clerk's office
Phone: (208) 888-4433
Fax: (208) 8884218
From: �hdL
Fax: 2 2�3 -16 75 Date: �3j7 /0P
Phone: Pages: q
Re: CC:
❑ URGENT ❑ FOR REVIEW ❑ FOR COMMENT
❑ FOR REPLY
v v t/ v
gvm
shed)
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION)
OF RANDY WARE FOR CITY WATER )
AND SEWER SERVICE OUTSIDE THE )
CITY LIMITS )
ORDER GRANTING
APPLICATION TO PROVIDE
CITY WATER AND SEWER
SERVICE OUTSIDE THE
CITY LIMITS SUBJECT TO
CONDITIONS [MERIDIAN
CITY CODE H 9-1-16 AND
9-4-26]
The above entitled matter coming before the City Council on the 18th day of
January, 2000, and Gary Smith, Public Works Director, and the Applicant, Randy
Ware, having appeared and the Council being fully advised finds and orders as
follows:
1. Randy 11. Ware and Elizabeth J. Ware, husband and wife, are the
owners of the following described real property: Lot 13, Van Hess Subdivision, lying
in the NE 1/4, Section 14, T.3N., R. 1W., B.M., Meridian, Ada County, Idaho,
hereinafter referred to as "Subject Real Property"
2. "Subject Real Property" is outside of the City Limits of the City of
Meridian.
3. Randy Ware has made application for the providence of City Water and
Sewer to the "Subject Real Property"
4. The Public Works Director has reviewed the circumstances presented by
the application. The Public Works Director has included the effect the granting of
this application would have upon the ability of the Municipal Water and Sewer
System to provide an acceptable level of service to developed parcels with existing
service within the City limits, of which, there is no evidence there will be any
compromise of that service by the granting of this application.
5. The Applicant has agreed to all of the required conditions of the
provision of the service as required in Meridian City Code H 9-1-16 and 9-4-26.
6. Upon recommendation of the Public Works Director, and consent of
the Applicant, it is found that it is reasonable to include as an additional condition of
granting this order that the Applicant make immediate application for annexation
and zoning of the "Subject Real Property". Also, as a condition of the continued
providence of City Water and Sewer Service, the Applicant/owners of the "Subject
Real Property" shall take no steps to impede the annexation process.
DECISION AND ORDER
Nov, therefore, based upon the above and foregoing Order Granting
Application to provide City Water and Sewer Service Outside the City Limits, the
City Council has hereby Ordered and this does Order that the City Water and Sewer
Service be provided to the "Subject Real Property" subject to the following
conditions:
1. Prior to Service, as provided for in H 9-1-16 and 9-4-26, the City may
provide service from the Municipal water and sewer system to individual properties
that are partially or entirely outside the corporate limits of the City. Each request for
such service must be approved by the City Council and all regulations of these
Chapters must be complied with by such special water and sewer users. The water
and sewer user will be considered a special user as long as the property being served
remains outside the corporate limits of the City. The special water and sewer user
shall be charged an installation charge, connection charge and a monthly user charge
which shall be the same as a user within the City limits. The hookup fees shall be
double the fees charged a user within the City limits, which are provided for in the
Agreement for the Extension of Water and Sewer Service Outside the City Limits,
however.
2. Prior to Service the Owners of the "Subject Real Property"malce
immediate application for annexation and zoning of the "Subject Real Property", and
as a condition of the continued providence of City Water and Sewer Service that the
Applicant and owners of the "Subject Real Property" take no steps to impede the
annexation process.
3. That the City Attorney prepare and submit to the City Clerk the
Agreement for the Provision of Water and Sewer Service Outside the City Limits
ordered herein.
4. The Mayor is herein authorized to sign and the Clerk to attest the
Agreement for the Provision of Water and Sewer Service Outside the City Limits
prepared as provided in part 3 of this Order without further action of the Council.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person Who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and Who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
Dated this --� day of 2000.
eor Robert D. Corrie
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
ATTEST:
r '
By:
City Cleric 61
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