HomeMy WebLinkAboutMemorandum of Understanding with Church of Jesus Christ of the Latter Day Saints regarding Sewer/Water Hookup
City of Meridian
Public Works Dept.
Memo
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To:
Will Berg; Tara Green
From: Kyle Radek, P.E., Staff Engineer J::f::.-
cc:
File
Date: 4/13/06
Re:
Proposed Agenda Item for April 18, 2005 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the April
18 City Council agenda, under Public Works Reports, for Council's consideration:
Memorandum of Understanding (MOU) between the City of Meridian and the Corporation of
the Presidina Bishop of The Church of Jesus Christ of Latter-dav Saints (CPB)
CPB desires to build a Church on their property which is located on the west side of Eagle
Road about 600 feet south of Lake Hazel Road. CPB had originally applied to United Water
for water service as United Water was attempting to expand the certificated area. The City
protested this action and United Water has since withdrawn this effort. CPB therefore
desires to serve this property with City Water and Sewer and intends to pursue annexation
into the City when it is appropriate. Since water and sewer are not yet available this far
south, this MOU addresses construction of a 12" water main on Eagle Road and a 10" water
line from the Blackrock Booster Station by CPB and reimbursement of costs of this
construction by the City.
Recommended Council Action: The Public Works Department recommends
that City Council entertains discussion on this item including a brief
presentation from Public Works and decide whether or not to approve the MOU
for signature by the Mayor. CPB's representative will be available to respond
to any questions I concerns.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CORPORATION OF THE PRESIDING BISHOP OF
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS
AND
THE CITY OF MERIDIAN, IDAHO
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
day of April, 2006, by and between Corporation of the Presiding Bishop of
The Church of Jesus Christ of Latter-day Saints, a Utah corporation sole (CPB), and
The City of Meridian, Idaho (City), to establish a mutual understanding of the duties
and responsibilities pertaining to the hookup to City's sewer and water system outside
city limits at the "Property" (as defined below).
WHEREAS, CPB is the sole owner, in law and/or in equity, of a certain tract of
land in the County of Ada, State of Idaho, generally depicted in Exhibit A and legally
described in Exhibit B, (hereinafter referred to as the Property); and
WHEREAS, Idaho Code § 50-323 provides and empowers cities to establish, create,
develop, maintain and operate Sewer/Water systems; and
WHEREAS, City operates and maintains and develops a Sewer/Water system;
and
WHEREAS, City has enacted an ordinance governing its Sewer/Water system
codified in Meridian City Code § 9-4-26 and 9-1-16; and
WHEREAS, CPB is the owner of the Property, which is presently located outside
of the city limits of City; and
WHEREAS, CPB is desirous of obtaining connection to the Sewer/Water to
serve the Property, and City is willing to provide that connection to the Sewer/Water
service to CPB, subject to the terms and conditions and consideration of this
agreement, and it is specifically agreed that as a specific consideration of City's
willingness to enter into this agreement that City's Ordinance and Policy/Regulations
which govern its Sewer/Water system be included as terms and conditions of this
agreement and that CPB consent to annexation of the Property into City;
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NOW, THEREFORE, the parties hereby agree as follows:
Water
CPB will extend a 12" water main south along Eagle Road from City's water
system at the Blackrock development. CPB will also construct a 10" water line from the
Blackrock booster station to the 12" main on Eagle Road. The design will include
valves connecting the lines so that the north end of the new 12" main can be closed to
the 10" line and opened to the existing 12" main on Eagle Road in the future.
CPB will obtain a 20' x 30' easement adjacent to the right-of-way along the water
main extension at a location suitable (at the bottom of the hill) for a pressure-reducing
valve (PRV) station. Design of the 12" water main will include valves and 12" stubs to
the edge of right-of-way at the PRV location to enable installation of a PRV in the
future. A steel casing will be installed across Eagle Road at the PRV location to enable
future service by a 12" line.
CPB's costs associated with the extension of the 12" water main will be
reimbursed according to the Meridian City Code. The cost of the 10" water line from the
Blackrock booster station to the 12" main may be eligible for reimbursement if it proves
to be a benefit to the City. City agrees to work cooperatively with CPB to resolve this
issue.
City agrees to pay for the valves, pipes, and casing that are installed to enable
the installation of a PRV and service across Eagle Road.
Inspection
City will inspect construction of all utilities to ensure that they meet City
"specifications. CPB will pay for all overtime which may be reasonably required for this
service.
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Annexation
At such time as the Property becomes legally eligible for annexation into the City,
CPB or by any successor or successors agree to give consent to annexation, to pay the
annexation application fee, apply for annexation, and diligently pursue annexation into
the City.
Agreement to Negotiate to Final Agreement
The parties contemplate that further negotiations will take place regarding the
subject matter of this agreement and that the parties will" execute a more detailed final
development agreement containing additional details and provisions.
IN WITNESS WHEREOF, the parties do execute this Memorandum of
Understanding as of the day and year first above written.
CPB
CORPORATION OF THE PRESIDING BISHOP OF
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS,
a Utah corporation sole
By
John Koudelka, Project Manager
CITY OF MERIDIAN, IDAHO
By:
Tammy de Weerd, Mayor
Attest:
William Berg, Jr., City Clerk
30[6
STATE OF IDAHO, )
: ss.
County of Ada, )
On this day of , 2006, before me, the
undersigned, a Notary Public in and for the State of Idaho, personally appeared John
Koudelka, known or identified to me to be a Project Manager of the Corporation of
the Presiding Bishop of The Church of Jesus Christ of LatterRday Saints who
executed this instrument on behalf of said Limited Liability Corporation and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
SEAL
Notary Public for Idaho
Residing at:
My commission Expires:
STATE OF IDAHO, )
: ss.
County of Ada, )
On this day of , 2006, before me, the
undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy
de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the
City of Meridian, Idaho and who subscribed their names to the within instrument and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
SEAL
Notary Public for Idaho
Residing at:
My commission Expires:
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Exhibit A - Waterline Extension
N
Future PRY
lake Hazel Road
Property
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Exhibit B - CPB Property Legal Description
A portion of the Northeast 1/4, of the Northeast 1/4 of Section 5, Township 2 North,
Range 1 East of the Boise Meridian described as follows:
Commencing at the Northeast corner of Section 5, Township 2 North, Range 1 East of
the Boise Meridian and running thence South 585.38 feet along the East line of said
section to the POINT OF BEGINNING; thence West 908.00 feet; thence South 480.00
feet; thence East 908.00 feet to said East line; thence North 480.00 feet to the point of
beginning. "
Parcel contains 10.00 acres and is subject to County Road right-of-way along the East
side.
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