Loading...
HomeMy WebLinkAbout1991 12-03 AGE N D A MERIDIAN CITY COUNCIL DECEMBER 3, 1991 ITEM: MINUTES OF THE PREVIOUS MEETING HELD NOVEMBER 19, 1991: (APPROVED) 1: COVENANTS OF SUNBURST SUBDIVISION # 1: (APPROVED) 2: JOE SIMMINICH: SOUTH SLOUGH SEWER: (OPTION #2 APPROVED) 3: DAVID TURNBULL: THE LANDING # 2: (APPROVED) 4: PRE-TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: (APPROVED) 5: APPROVE THE BILLS: (APPROVED) 6: SUMMARY OF ORDINANCE # 564: (APPROVED) 7: ORDINANCE # 565: AMENDMENT TO WATER ORDINANCE: (APPROVED) 8: APPROVE LATE COMER'S AGREEMENT: (APPROVED) ';J: APPROVE RENEWAL OF BEER/WINE/ LIQOUR LICENSES: (APPROVED) 10: DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL DECEIYlBER 3, 1991 The regular meetlng of the Meridian Clty Councll order by Mayor Grant P. Klngsford at 7:30 p.m.. \-'Ja 5 C all e d t 0 Membe)~s ~~resent: Ron Tolsma, Bob Gleslet~, B?'l~t Myle)~s, Na>, Yer,.t~l ngt on: Oth?rs Pl~esent: Joe Slmin1ch, J.R. Kellogg, keVl" 1-1. Jones, Bob Corrie, Joann Stuhr, David Turnbull, Frank Thomason, Bill Gordon, Gary Smith, Wayne Crookston, Bob Flaten, Joe Keller. MINUTES OF THE PREVIOUS MEETING HELD NOVEMBER 19, 1991: The Motion was made by Glesler and seconded by Myers to approve the m 1 nut e 5 0 f the p l~ e v 1 0 U 5 ill e e tin g h e I d No v em b e)~ 1 9 , 1 99 1 as ~~H.'" it t en : Motion Carried: All Yea: Klngsford: First Item on the agenda ]5 a Proclamation for the Festival of the Chr1stmas Sky/Toys for Tots Week. ITEM fi1: COVENANTS OF SUNBURST SUBDIVISION #1: The MotlDn was made by Tolsma and seconded by Giesler to approve the Covenants of Sunburst Subdlvlsion #1 conditIoned upon Counsel appt~oval. Motion Carried: All Yea: ITEM #2: JOE SlMINICH: SOUTH SLOUGH SEWER: KIngsford: Joe Keller is here from Forsgren Engineers, he has a map showing different alternatIves and expenses, maybe he could go through that before you speak. Joe Ci t y 51ol.lgh each. Keller: We appreciate being able to do some work for the again. Explained map to Council. Presented some South Interceptor sewer line alignment options and costs for (EXPLANATION GIVEN ON EACH OPTION TAPE ON FILE) K.lngsford: Council's people out :i. nt el~est ed Mr. Siminlch would you llke to respond. For information I asked Mr. Wayne Forrey to contact the in that area and see what participation they might be 1n and 50 forth. Mr. Simlnich is the spokes person. Joe Slminlch~ Wlth me tonight I have ~~. Sanford. Mrs. Venable and Erwin Venable and Mr. Kellogg, all property owners in this area. We are just concerned that we feel that a sewer line in MERIDIAN CITY COUNCIL DECEr<18ER 3, 199 i PAGE 2 that area following the south slough would serve consIderably more people and build more benefit to the entire future City of Meridians although we are not in the City now we are in your plannIng area. We notice that you are puttIng sewer and water north on MeridIan Roads about 150 feet past Ustick Road Into total agricultural land and we just felt some more conSIderation should be given to a sewer line in the Creason Lateral area. (Further explanation - tape on file) Keller: You could put the 11ne in anywhere you want to it's Just the matter of who is going to pay for it. Kingsford: Going tD Eagle Road as he addressed that issues we have right now a developer that is going to and will pay for a fair portion of that line. That's 1 wanted Wayne to contact you to see what kind of plans you may have and what kind of partIcipation intet~ested in. opportunity go in there the l~E'aSOn development you may be Siminich: I don't have any and I'm not certain about the other people, I don't think they have any development plans at least right now but of course that can change. l"\e 11 e-r"': t>Je did loo~( at othei~ optIons, but it boils down to money. Discussion. (See tape) John Sanford, 2880 Venable Lane. there are three options here. options your actually consJdering. I understand all of a I would like to clarIfy sudden V-Jh i ch ErWIn Venable: I'm here with my mother Ora Venable. Explained which property they own. Wanted to know why sewer line is running down the center of his field. Is this going to be something that will in the future foul up my building on that pi ece of l;wound. Keller: One of the reasons that was made a consideration was the possibIlity that if you were to develop this property, and we don't knows in our view we thought that you might back up lots here if you ever did develop that property and so you mIght want to have an easement here rather than at the back of your propertys then you could use that sewer line. Discussion. (See tape) MERIDIAN CITY COUNCIL OECEt>1BER 3, t 991 PAGE :3 Rick Kellogg: I feel like on our property we could go to the west. ] might add a little bIt to Erwin's problem theres which I have worked on hlS sewer before. If the line goes to the south, if his field drain does fail, he's looklng at 400 foot of line. If Joe's I1ne is right out in front it would be real easy to hook on. I think EPA says that if any field drain falls within 300 foot of the City sewer 11ne then lt has to be hooked on to it. Kingsford: I think there is some latitude in that Central District Health ruling. They may but 1 don't believe they have to. That is a good point. The main tl"ung, the objective of a trunk line is not necessarily to serve all the property lt is to make all the property serviceable. In looking at that in terms of dollars, if you guys are not interested at this point In f t~ 0 n tin g any 0 fit, I ~'.j 0 u 1 d 5 U 9 9 est tot h e Co un c i 1 t hat vJ e heavlly consider the orange. Bob Flaten: I am a property owner here dIrectly north of the slough. I have fifteen hundred twenty feet of frontage to this proposed development to the Peterson property. I don't live there but I do own the property there. I have seventeen other rentals in the MerIdian area. I have not been contacted by the City of Meridian on this development or in another development that Mr. Dennis Baker is putting in on Adkins Lane right now and I'm a property owner there as well. I'm a lIttle frustrated about not being contacted on this issue. DiSCUSSIon. nape on flle) The Motion was made by Giesler and seconded of optIon #2 in orange. by Myers to approve ~tjotion Cal~l~ied: All Yea: ITEN #3: DAVID TURNBULL: THE LANDING #2 Turnbull: When I was in wlth the fInal plat approval, there was a conditlon attached to Gary and Jack belng able to sign off that we have a licensing agreement with the Bureau of Reclamation on drainage. At that time, we had submitted all of our calculations on the draInage to Nampa Meridian Irrigation District, who IS licensed WIth the Bureau of Reclamation. Our Information was ln order but it took them a while to get the approval from them. We do have that approval now, but the Bureau of ReclamatIon will not enter into a licenslng agreement with the developer or the owners assoclation. They prefer to do it with ACHD. I'm here to ask for Council approval to let Gary and Jack sign our plat off so we can get moving on to the County Engineer 50 we can get the plat filed. MERIDIAN CITY COUNCIL DECEf'!BER 3, 1 gCj 1 PAGE it Eng. Smlth: I don~t have a p~Dblem with that. The tlat i on }~eql.li l~ement was made by Giesler and seconded by Myers to drop the of the licensing agreement at this point. Motion Carried: All Yea: ITEM #4: PRE-TERMINATION DELINQUENCIES: HEARING: WATER/SEWER/TRASH KIngsford: ThIS 15 to lnform you in wrIting, If you choose t05 you have the right to a pre-determination hearing at 7:30 p.m. 12/03/91 before the Mayor and City Council5 to appear in person to be judged on facts and defend the claim made by the CIty that your water, sewer, and trash bill is delinquent. You may retain counsel. This service will be discontinued on 12/11/91 unless paid in full. Is there anyone from the public who would llke to contest their water, sewer, and trash delinquency? No response. The Motion was made by Tolsma and seconded by Yerrington to approve of the turn off list. Motion CarrIed: All Yea: Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by FDurth Judicial District Court, pursuant to Idaho Code. Even though they appeal there water will be shut off. The amount of the llst IS $11,851.85. ITEM #5: APPROVE THE BILLS: The Motion was made by Tolsma and seconded by Myers to approve the bills. Motion Carried: All Yea: ITEM #b: SUMMARY OF ORDINANCE #5b4: KIngsford: On December 19, 1991, at its regular meeting held the third Tuesday of the month, the Meridlan CIty Counell passed and approved 01~dinance No. 564 which pl~ovided as folloVJs: AN ORD I Nf:)NCE OF THE CITY OF ME RID! AN ~(NmJt\l AS THE lJ FLOOD DAMAGE PREVENTION ORDINANCE" WHICH PROVIDES FOR FLOOD DAMAGE PREVENTION AND PROVIDES FOR FINDINGS OF FACT, PURPOSE AND OBJECTIVES; DEFINITIONS; GENERAL PROVISIONS; ADMINISTRATION; PRQVISIONS FOR FLOOD HAZARD REDUCTION; AND PROVIDING AN EFFECTIVE DATE. This summary was prepared for publicatIon. MERIDIAN CITY COUNCIL DECEMBER~, 1991 PAGE 5 The MotIon was made approve of the Summary by YerrIngton and of OrdInance ~564. seconded by Tolsma to Motion Carried: All Yea: ITEM #7: ORDINANCE #565: AMENDMENT TO WATER ORDINANCE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING CHAPTER 1, TITLE 5, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN BY THE ADDITION THERETO OF A NEW SECTION TO BE KNOWN AS 5-108A, POINT OF LIABILITY FOR MAINTENANCE; AND PROVIDING AN EFFECTIVE DATE: Crookston: ThIS sets forth the pOInt of liability where the water lIne comes from the City service Into the property. Kingsford: Is there Ordinance #565 read in anyone from Its entirety? the public who No response. would like The MotIon rules and requirlng dispensed was made by Tolsma and seconded by Myers that the prOVISIons of 50-902 and all rules and provisions that Ordinances be read on three different days be with and that Ordinance #5&5 be passed and approved. Roll Call Vote: Yerrlngton - Yea; Glesler - Yea; Myers - Yea; Tolsma - Yea; MotIon CarrIed: All Yea: ITEM #B: APPROVE LATE COMER~S AGREEMENT: The Motion was made by Yerrington and seconded by Myers to approve of Late Comer's Agreement. Motion Carried: All Yea: ITEM #9: APPROVE RENEWAL OF BEER/WINE/LIQUOR LICENSES: KIngsford: ChIef do you have problems WIth any of these? ChIef Gordon: No. The Motion the Beer, fees. was made by Tolsma and seconded by Myers to approve of Wine and Liquor Licenses conditIoned upon receipt of Motion Carried: All Yea: MERIDIAN CITY COUNCIL DECEt'iBER 3, 1991 PAGE 6 ITEM #10: DEPARTMENT REPORTS: Eng. Sm:! th: Just an meeting held with attendance and it was 12th of December. t.lpdate on East 1st St~~E'et. Then? v~as a the contractor and sub-contractors in agreed that this would be wrapped up by the The MotIon was made by Myers and seconded by Yerrlngton to adj 0 I.lrn : Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTEST: (~\ - / ( ' \ / ',----c;~. Nayar' Ii Councll, P 8.: Z Nembel"s, Po iree, Eng. Sm i tll, Bldg., Gass, Stuart, Ward, Atty., ACHD, NMID, ACC, Hallett, Valley News, Fi Ie 2 t<la i 1 2 CC'IDBER 8, 1991 MAYOR COUNCIL MEMBERS CITY ENGINEER CITY ATIDRNEY A'ITACHED IS COpy OF FINAL PLAT ON FAUTH SUBDIVISION FOR YOUR REVIEW. THE CITY COUNCIL NEEDS 'IO APPROVE THIS AND AUTHORIZE THE CITY CLERK & CITY ENGINEER 'IO SIGN THIS PLAT: MR. FAUTH IS AISO REQUESTING THAT THE CONDITION OF INSTA!J.,ING DRY LINE SEWER & WATER BE WAIVED: (SEE LEITER A'ITACHED) THIS ITEM WIil. BE ON THE AGENDA FOR OCTOBER 15, 1991: Jack Niemann City Clerk ~ ~~....~ -~ ~ \~... , \ , . . ~~" \ ~~'-~~ ~ ;. ~,_ fR-) ; 6l~~~ ~r .., _ f;..t ~t." " .~. ',/0-4<1 ~ r \ . J~~ l)c.v ~ e- \~~ n~~~ ~.~. \ ~~ ~ . ~ ~ \ ~ ~~4 e "Jt,l,.. ~ -4fs, ~ . 'Jp.~~~~ '31>- ~-1)f '\d'~'~ j~~~ \, 'A~~-~{. ~ :1.~ \_./f~'. . () ()__-r- -it ~ . ~'-" l\ . -H-io...../ I ~ . ~ '. tJ.-V ~~ I ' ~ " ~ . ~ '..:ct D-: /l.f" ~ ';:;:...-u- ~ , \.~. ~ 3-+.4"~D..~~~ \~~:>-, ~.. ~.~~ . . "~ J~ ~. ~ --::n~ ~ '~. . fb-~ .~U- ~~ ~-b ~ ~n: .~ \~ ~ '\'~p ~-:-r:' '.~ ~ D.' ~ '"~, .~'~} ~ {2A... 'l.- \" ~. t'3b4 ~,,~ t t ~ ,-1.J ~~ ~ cr ( 10 J 1, i October 23, 1991 MAYOR COUNCIL MEMBERS. Pastor Terry Edwards of the Seventh Day Adventist Church has requested to be on the Council Agenda for the November 6th Meeting, they are considering building their church on the corner of Cherry Lane & Ten Mile in the near future which they purchased for this purpose in 1988. They are going to ask the Mayor & Council to either waive or put off some of ACED requirements. (See attached) Jack Niemann City Clerk i t~ERIDIAN ANNEXATION, t'1) & LOT SPLIT October 4, 1988 . Page 2 TEN MI LE & CHP LANE CHURCH STANDARD REQUIREMENTS: 1. Improvements to the dedicated right-of-way to be designed and constructed to ACHD standards and specifications. 2. Relocate all obstructions outside of the proposed street improvements. Prior to relocation, obtain written permission from the applicable jurisdiction. 3. Relocate all irrigation/drainage structures outside of the public right-of-way. Prior to relocation, obtain written approval from the applicable jurisdiction. 4. Submit a site drainage plan showing that site drainage will not flow onto Ada County Highway District right-of-way, in accordance with Boise City Code 11-3-54 (A), where applicable, and ACHD policy. 5. Access to parcel to be reviewed and approved by the District. POLICY IMPLICATIONS: 1. Requirements are made to Meridian Planning & Zoning as condition for compliance. SIGNATURE OF STAFF SUBMITTING: John R. Stolley, P.E. NRDNAX;ZTR.OCT (-4<-- 'f/ono,v~I/~ Ci j--#__~ J- k 117 ;7 ~ -f] v .L /) - / . -/ j /1 ~7 C? v CJ r Ii e.,.v ( d-t r",-~ ~ .J- ,,~ 1 (I 1-/0~ ov-<<,>--I A /\1 &_/0 'f _ .J- /'.-v ~~ i..--<-~ J L-$' ,;'" _/~ /' '7 J-t- I'a /J.,,~,~. ? )-~ 0 I~ -Ii " b-l/? e- 4~ J ~ 1"1 S'r-,,-Vl IZ... ~ /? I ;. k If -<- //0/ // CC-J-{ d ? l-/~tL'h j/~n&$,-I/~ ~ -.p/~v ~ iVai /f!(" /77'/ l"/ ~v- ( j / ~("2-; T j <:-10 i I e:r.-;t <- I o.f:L /I ""7 1(<- 4/J I']'L<'- 11 ;'j tv I Ii ft/ ~/ n -<- rc> "7 AI <J t/ .Iff /7 '7/ ~a : <> -,., f ~ c- f ;-j <- c,' /.; t-v 1'-/1 r,,/ "'-'~ L -/-0 :;1-1-<-.:2.. / ,~ v I{ I r, -1..e-v '" ~ <-I" .j. <J ,- ~~e. "'-',e-v /t; -<., " 11/ -e.- "'_.s' /""'7 <--'5- ?VI/?-Je-.~.5' 11/0.~/./ /-11-<- ;f)-<- c"~7 h CO~ S"/d~t/ rj'-<- ~ vec~ s;c:,l, /-~I--e.-v ~I I YJ+4?.-vS"'yht-- J<-c .q..~4..-S'.-<- ,'-1- N .;;-1/ :;<--'v.vv ~O'3JS ,j~v;'/1 -rn <> t-~ #1- c- ,r <--/'-'- r./,",,, //-<- l o~f-.{ It VJ -<-. j)",,- ~s,;/. ;:L.?<:?v ;:'~-T C? -P rl<- .5'~ ~ ( ~ h~ wc;~ / j ,~ c> /-2 7rJ (-:; cv 1/ ~".~/ 1--<- I-c? d<~ d7 P,--c--<-~ /- ~ ;r '7 -<'./I/f ~ 4-...5', fv ~ .~ -?-; j ~t/ $I /.:?'-Yi d ;:- j ___ /- ~ ~;:... ?- --<- ?7?' ~ ~ j~ / ILl /. - / /"'.j. I?;.... -I ovt---'I-- /"6 '1] T h t:.... ,I -, ,.e:-v... d I-v.... C I '-1-7 11/J7 i .$' __ / . f j 17 1"V1--"'-<"-- -e..y d7,,:P--rJ so,,' 0'.... o.p 1-1; --L..- l?-n j?F"- c/ ~..... y -(....P...... .....vl1 ,~ ;7 Nvv ;1,~.. Cc'l;, rh kl,Lv?vl ",,-:/~j /-0 /-/-c (' 1-r:e.,v,!7 <9 M/1'},,-"J-S' cl."..l-<.-d IV 0 t/ /~ /77' / /.<C..~~ -2-<_&' '-',,& 1I;jI III O!/ ;2 d /9.,/ -I Gi '"717 47'-'* ~ ""- d-c.- c.- / S/O~ ,/ <- c. 9..........P~ ~ I-- FO':7 $' f ~/~ at rJ-,t ;/-/<- c.., ii'y c-_'? "'_ ;/-,</~:; '-" '/ !C-~'/ <y f- " -L >' -A~ J /, 5" / /-- /-c- "'-' /// ;; '? ~ <-~, ~ W /--' '<:.1~ /6 I.-L / / # I ' ~) - 4, If -.; 70; c:~/<--r_ ~- ~ __ 7 Cl I'-oe-- f- 4c e { ;L y :Ok-Vf c ~." I f-tj dj,S c~.-.9S .;1--1/ S' J s..:r--.... --e..- I /' IV 01/ 1<6 /'1'71 1<'-1'" ')- 0; ~ @0/;<<-5 Ie- ~v' "'"'171 <-- rov~1 I y"'I-<-,1 U 0 t" :; -J-~n -12 v d j?i ~k f(,,- Il,! J fi c-; /1--/10; / If V /?-_"> I/<-YJ ~j /-<- o 1''''''- II kYJ ~j /-v lJ 1-?1' f1r~L :;" ~ j 0>"'-- e j /-0'-' /oY 1"Tj'::-- j o~v f -ll/~ 17 " . -------J n - c- / 0-<- ...) i rrn ~M , ~ r--~~ 'T.5J W 7vghc /'1 <.-V f J f53 ;:: '-1r.L- HUB OF TREASURE VALLEY A Good Place to Live COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX YERRINGTON OFFICIALS JACK NIEMANN, City Clerk JANICE GASS. Treasurer BRUCE O. STUART. Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON. Police Chief GARY SMITH, Clly Enqlneer CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887 -4813 GRANT P. KINGSFORD Mayor Chairman Zonlnq & Plannlnq JIM JOHNSON November 19, 1991 Mr. Joe Simunlch q55 W. Ustick Rd. t<lerldian, Idallo 83&42 Dear Mr. Slmunich and Adjacent Neighbors: Thank 'Iou for provi.di.ng a letter to the City regarding the Creason Lateral option in the South s ewer' pro j ect. of Meridian Slough trunk The City will honor your request for a presentation and diSCUSSIon of thIS prOject at the December 3, 1991 City COUDCll meetlng WhlCh begins at 7:30 P.M.. The City has invited Forsgren Engineering Company to this meeting so you will have the change to discuss your ideas with the sewer designers. I am certaln that the allgnment decislon on December discuss your financial proposal meet 1 ng. City Council will 3, 1991 $0 please be (if any) with the make a flrm prepared to City at this Please call If 1 can help in any way. Slncerely, City of Meridian w~~~.~ Project Coordinator AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Bo)[ 427 Meridian, Idaho 83M2 Tolophono 800.4461 AGREEMENT This Agreement made and entered Ae;,J,~---_--_. 1991, by and MERIDIAN, a municipal corporation this ~ day of into between the CITY OF of the State of Idaho, hereafter referred to as "CITY", and the CITY OF MERIDIAN SEWER DEPARTMENT, hereafter referred to as "DEPARTMENTu. WIT N E SSE T H: WHEREAS, the City 1 imits extend south and east of Linder Road but prior to this Agreement and construction referred to herein, a portion of such area was not provided sewer service by the City; and WHEREAS, the Department extended sewer lines from existing sewer lines to an area east of Linder Road and south of Franklin Road in a portion of what was Crestwood Estates and is now known as Fenway Park Subdivision; and WHEREAS, the sewer lines constructed by Department will benefit other land in Fenway Park Subdivision; and WHEREAS, the total cost of constructing the sewer lines was born by the Department; and WHEREAS, Section 7-5278 of the Sewer Ordinance provides that the City may enter into sewer line extension and re-imbursement agreements and that section further provides that sewer users who subsequently connect to the extended sewer 1 ines shall be charged an eight (8) inch diameter sewer line equivalency fee; said fees are in addition to the connection and user charges normally AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Morldlan, Idaho 83642 Telephono 888.4461 assessed a user due to the fact the user has not contributed to the cost of the extended line; the above fee is hereafter referred to as Ulate Comer Feell; the above ordinance section provides that the late comer fee may be used to reimburse the person or persons so extending the sewer lines. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in full. 2. That the Department has engineered, planned, and constructed the trunk sewer 1 ine described in Exhibit IIAu, and which will benefit lots 19-35, Slock 5, Lots 1-19 (formerly lots 1-18), Block 6, and Lots 24-28 of Block 1, as shown on Exhibit II A II . 3. The Department $25,205.75 has contributed to construction costs of the above line; at this time no person has contributed to the cost of such lines other than the Department. 4. That the City will charge all users in Lots 21-35, Block 6, the sum of $654.00, since sewer service stubs were installed for those lots, and $593.00 in the other lots marked and shown on Exhibit IIA", subsequently connecting to the sewer 1 ine referred to in Exhibit IIA" which such users shall hereafter be referred to as llLATE COMERS", which charge is the sewer construction equivalency fee authorized in 7-527B which fee shall herein be referred to as "Late Comer Fees" and which fee is in addition to any other sewer charges for connection to the sewer system. 5 . That all the late comer fees assessed above ln paragraph 4 Section 7-527B shall be set aside and deposited to a special AMBROSE, FITZGERALD & CROOKSTON Allornoys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone B8!1.4461 account to be designated the IIFenvlay Park Re-imbursement Accountll, which shall hereinafter be referred to as the IIRe-imbursement Account; and shall be paid to the Sewer Department. 6. That the late comer fees which go into the Re- imbursement Account shall be adjusted annually on October 1st, to reflect the then current cost of constructing said lines and to reflect interest which the City would have earned on the funds expended for the total cost of construction; the interest rate shall be based upon the prime rate of First Security Bank of Idaho, N.A., as of the annual date of adjustment. 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the 1 ines in Exhibi t \tAli for those lots herein mentioned. 8. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its administrative costs. 9. It is agreed that the sewer line referenced in Exhibit IIAII is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 10. The term of this Agreement shall be until the Department has been re-imbursed the sum of $25~205.75~ but not longer than ten (lO) years even if the $25,205.75 has not been paid to Department. 11. This Agreement shall be binding on the assigns and successors of the parties hereto. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counaolors P.O. Bo< 427 Morldlan, Idaho 83&42 Tolophone llSll-4461 OAT EDt his 3 r ~~L day 0 f --L1~.s:.!:!L~r..C" STATE OF IDAHO,) , 1991. CITY OF MERIDIAN ~-r?r~~~OR " .' .- - /~ ----- CITY CLERK (~- CITY OF MERIDIAN SEWER DEPARTMENT f;v/ ci~/ EARL WARD, SUPERINTENDENT : 5 S D County of Ada, ) On thi s tf7!J--day of ~~..._. ,1991, before me, the u n d e r s i 9 n ed, a Not a r y pUl) 11 C 1 n and for s aid S tat e , personally appeared GRANT P. KINGSFORD and JACK NIEMANN, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. I have hereunto set my hand and affixed and year first above written. (J1 ~ N aT AR~-fORrDAHO-----'--'-'-- RESIDING AT MERIDIAN, IDAHO IN WITNESS WHEREOF, my off i cia t.~S'~I}'Q'l"ltA;1 e day ~. S 'f ~"-'J., , A" 'J...,~~ ~~e@0&e@-o:;'1 I ... ~.?-" ~'\. \\:- t'J8;;,,;q b@ .."'" rP ...~I c.-s 0"" 0.g /...... ~.,. ~ 0) "?!i. _ .0.1" (<'; ~ l} ~\ 0 ~ t\ l':J; @ ~ ~ :: \~ . P ~ -- :: 5 ; - "k- Q; ,;f::t r"" :;;"'%.~ lJS\\Ve'f :: -:. '& wP- (f :: ~...r @!F'::..~~ ....~ .t ll..:\~...., ;"""if: b.~"1.,' ...,,"...... 1;,,- Of \'0 \\\,,, S T A TF OF I DA'~O',lIr""\ s s . SEAL County of Ada, ) On this 4!J-- day of tJ~ , 1991, before me, the un der s fgned, a Not a ry--P"Lr6Trc-Tn-'anaror sa idS tate, personally appeared EARL WARD, known to me to be the Superintendent of the City of Meridian Sewer Department, Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the Ci ty of Meridi an Sewer Department executed the same. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counsalors P.O. Box 427 Meridian, Idaho 63642 Tolephone 8884461 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 1~HH 1111;4. ~\~ n n ~Q.f, ~~~."\ V. V Aft ~"'''' ,," ,,~ 0,,<>000"0 q / >- u.. ~""" ~ {)c. DO r" --*' .P~ ~ C::t '-(-rj0 @* ..,.... ~:. ::: "," o"F 1'; 1:1 "", ... no eg ~_,~. \ .fi~I. p:. 0 :. ;: : ~ +;:; :: 0 Q ".. - l',i.. ~0 ~ - * " .- U \V "'~.:: ~ ~_ 13 t.. ff '{::: -:.. Viii 010 i: ~ ~~ .."G~...~ "'J'4" ,j- #'i ~ 00QOO;:;o. ....... "'''" l:! Ot:: ~1\) ......~ "'4 r ~ \,'" (i1n!lIln"~ SEAL ~ NOT Y PU LUFOR' IDAHO RESIDING AT MERIDIAN, IDAHO ~ FORSGREN ASSOCIATES / ~A. CITY OF MERIDIAN SOUTH SLOUGH INTERCEPTOR SEWER LINE ALIGNMENT OPTIONS Proposed Alignment (Dashed Red) Simunich Alignment (Orange) Creason Lateral Alignment (Gold) I. COST COMPARISONS West End $150,700 $171,800 $233,900 Cost Increase 21 ,100 83,200 Total Project Cost 491,200 512,300 574,400 II. ALIGNMENT CONSIDERATIONS 1. Cheapest 1. More Costly 1. Most costly '. 2. Most direct 2:.lncreased 2. Closer service route service to some Kellogg area to property Simunich 3. Smaller 3. Increased service service area area to Simunich ~ on west end BR21/008 A COMPANY OF PROFESSIONAL ENGINEERS 545 BENJAMIN LANE surrE 185 BOISE, IDAHO 83704/ (208) 375-1992 RE XBURG I BOISE / EVANS 70N I CASPER I WEST YELL 0 WSTONE / SAL 7 LAKE C/7Y .' PHOENIX I WENA TCHEE ENGINEER'S PRELIMINARY ESTIMATE PROJECT 21" Interceptor Line OWNER City of Meridian PROJECT NO. 291127 DATE December 3, 1991 SHEET ---L- OF 1 ESTIMATED BY James L. Keller ITEM NO. ITEM UNIT aUANTITY UNIT PRICE AMOUNT 1 21" PVC Pipe In-Place L.F. 2,043 $ 18.00 $ 36,774.00 Exc. & Backfill ~ Class C: 2 1 0 ~ 12' L.F. 0 16.00 0.00 3 12 - 14' L.F. 1,243 20.00 24.860.00 4 14 - 16' L.F. 400 25.00 10,000.00 5 16 - 18' L.F. 400 28.00 11,200.00 6 Pipe Bedding - 3/4" Gravel L.F. 2,043 5.50 11,236.00 7 Dewatering Trench L.S. 2,043 20.00 40,860.00 8 Manhole EA. 6 1,800.00 10,800.00 9 Canal Crossing EA. 1 5,000.00 5,000.00 10 Connection to Existing EA. 2,000.00 11 Sedimentation Basin - Dewatering L.S. TOTAL CONSTRUCTION $150,730.00 PROPOSED ALIGNMENT (DASHED RED) BR21/004 ENGINEER'S PRELIMINARY ESTIMATE PROJECT 21" I nterceptor Line OWNER City of Meridian PROJECT NO. 291127 DATE December 3, 1991 SHEET -1- OF 1 ESTIMATED BY James L. Keller ITEM NO. ITEM UNIT QUANTITY UNIT PRICE AMOUNT 1 21" PVC Pipe In-Place L.F. 2,310 $ 18.00 $ 41,580.00 Exc. & Backfill - Class C: 2 10 - 12' L.F. 16.00 3 12 - 14' L.F. 1,510 20.00 30,200.00 4 14 - 16' L.F. 800 25.00 20,000.00 5 16 - 18' L.F. 28.00 6 Pipe Bedding - 3/4" Gravel L.F. 2,310 5.50 12,705.00 7 Dewatering Trench L.S. 2,310 20.00 46,200.00 8 Manholes EA. 9 1,800.00 16,200.00 9 Canal Crossing EA. 1 5,000.00 5,000.00 10 Connection to Existing EA. 2,000.00 11 Sedimentation Basin - Dewatering L.S. TOTAL CONSTRUCTION $171,885.00 SIMUNICH ALIGNMENT (ORANGE) BR2t/OO5 ENGINEER'S PRELIMINARY ESTIMATE PROJECT 21" Interceptor Line OWNER City of Meridian PROJECT NO. 291127 DATE December 3. 1991 SHEET -1- OF 1 ESTIMATED BY James L. Keller ITEM NO. ITEM UNIT QUANTITY UNIT PRICE AMOUNT 1 21" PVC Pipe In-Place L.F. 3,200 $ 18.00 $ 57,600.00 Exc. & Backfill - Class C: 2 10 - 12' L.F. 16.00 3 12 - 14' L.F. 2,700 20.00 54,000.00 4 14 - 16' L.F. 500 25.00 12,500.00 5 16 - 18' L.F. 28.00 6 Pipe Bedding - 3/4" Gravel L.F. 3,200 5.50 17,600.00 7 Dewatering Trench L.S. 3,200 15.00 48,000.00 8 Manhole EA. 9 1,800.00 16,200.00 9 Canal Crossing EA. 3 5,000.00 15,000.00 10 Connection to Existing EA. 1 2,000.00 2,000.00 11 Sedimentation Basin - Dewatering L.S. TOTAL CONSTRUCTION $222,900.00 CREASON LATERAL ALIGNMENT (GOLD) BR21jOO6 , , ENGINEER'S PRELIMINARY ESTIMATE PROJECT 21" Interceptor Line OWNER City of Meridian PROJECT NO. 291127 DATE December 3. 1991 SHEET -1- OF 1 ESTIMATED BY James L. Keller ITEM NO. ITEM UNIT QUANTITY UNIT PRICE AMOUNT 1 21" PVC Pipe In-Place L.F. 5,300 $ 18.00 $ 95,400.00 Exc. & Backfill. Class C: 2 1 0 - 12' L.F. 16.00 3 12 - 14' L.F. 1,000 20.00 20,000.00 4 14-16' L.F. 3,360 25.00 84,000.00 5 16 - 18' L.F. 940 28.00 26,320.00 6 Pipe Bedding - 3/4" Gravel L.F. 5,300 5.50 29,150.00 7 Dewatering Trench L.S. 1 60,000.00 60,000.00 8 Manholes EA. 12 1,800.00 21,600.00 9 Canal Crossing EA. 10 Connection to Existing EA. 0 0.00 11 Sedimentation Basin - Dewatering L.S. 1 4,000.00 4,000.00 TOTAL CONSTRUCTION $340,470.00 MAIN LINE (SOLID RED) BR21/007 TURN OFF LIST DECEMBER 11~ 1991 ACCOUNT # NAME & ADDRESS AMOUNT DUE 6 John Beaudoin 713 Meridian Street 52.80 344 Hopkins & Farber 607 W. Broadway 57.30 358 N.LA. 423 W. Broadway 38.60 462 Dennis Mencer 821 W. 2nd Street 49.60 469 TECO Investments 809 W. 2nd Street 37.80 811 Gladys C1eymens 729 W. Idaho 40.20 910 Richard Hines 123 W. Idaho 76.10 1118 David L. Mossi 1032 W. 8th 93.70 1200 Austin L. Young 918 W. 10th 57.90 3320 Rosalie williams 433 W. Pine Ave. 37.80 3442 Carol Cahill 1435 W. 1st Street 52.20 3470 David Domka 1404 W. 2nd 76.20 3480 Denice Desilet 1502 w. 2nd 79.90 3534 Lorraine L. Phillips 324 W. Maple 111.10 3550 Kerry L. Larson 225 W. Maple 131.90 3560 Kirk Henderson 222 Camellia 84.10 3586 Louie J. Neagle 216 Cherry Ave. 105.90 3590 Deanna Berry 232 Cherry Ave. 28.00 ACCOUNT # NAME & ADDRESS AMOUNT DUE 3622 Russell L. McFarland 46.50 1217 W. 1st Street 3652 Lisa L. Cox 52.20 1230 W. 4th 4352 Layne G. Saxton 39.45 1319 W. 7th 5222 William Hutchings 26.20 309 W. Washington 5276 Claud James Blakely 53.10 1618 W. 8th 5340 Thomas A. Piepmeter 117.00 1231 Elm Court 5344 Richard Carrier 60.80 1215 Elm Court 5366 Douglas Bodine 92.50 1207 Northgate Court 5574 Richard A. Teutsch 73.40 1305 W. 13th Ave. 5606 Judy Albrecht 124.90 1406 W. 14th St. 5612 Christi French 50.60 1430 W. 14th St. 5682 Emory West 94.05 1539 W. 15th St. 5712 Barry D. Mitchell 126.10 1527 Northgate Ave. 5738 Jill Rodriguez 24.20 1401 W. 14th St. 5826 Dwayne Morrison 93.50 1121 W. 15th Ave. 5892 E. Gaines & R. Schuler 80.30 1104 Washington Pl. 6580 Steve G. Nonamaker 37.55 908 W. Washington Dr. 6592 Fredrick J. Shaddick 80.20 1002 W. Washington Drive ( ACCOUNT # NAME & ADDRESS AMOUNT DUE 7308 Scott L. Miller 111.30 929 W. Carlton 17388 Golfview Estates 230.60 Go1fview Berm 22058 William Hill 119.60 3420 Sugar Creek Dr. 22112 Phyllis Treasure 42.40 3950 Sugar Creek Dr. 22198 Bob D. Schreiner 56.00 3680 Woodmont Dr. 22200 Rodney T. Morse 88.30 3684 Woodmont Dr. 22406 Gary C. Newbold 92.55 1761 Interlachen Way 23924 Marvin Fields 110. 50 3724 Harbor Point Drive 28886 David L. Kemp 120.30 1860 Kristen Way 28914 Rodman Barker 87.90 2156 Leann Way 28920 Reed W. McKay 39.65 2246 Leann Way 28924 Robert Athay 94.80 2288 Leann Way 30804 Bette Lester 129.80 2663 W. Chateau Drive 30906 Jerry D. Knox 76.30 1881 Kristen Way 30912 Robert B. Kock 73.60 1840 Todd WAY 30920 Rick K. Coffman 55.40 1960 Marianna Place 30938 Sharron Anderson 92.20 2551 Jeffrey Court 30946 Mark Davis 49.40 2001 Todd Way 30990 Clinton Barnhart 94.20 2580 Misty Drive ACCOUNT # NAME & ADDRESS AMOUNT DUE 30992 Darrell Calhoun 141.00 2586 Misty Drive 31002 Val Westergard 80.10 2551 Misty Drive 31090 Clifford Wells 129.40 1830 Chateau Dr. 31106 Jeff Burroughs 21.80 1861 Tracy Court 31108 Donald Ludwig 66.90 1821 Tracy Court 31766 Jean Rucker 69.10 2261 Monaco Way 32278 Rick Hardy 100.30 1945 Monaco 32310 Rodney Williams 87.30 1908 Monaco Way 32320 Cheryl L. Anderson 84.30 1891 Hendricks Ct. 32342 Michael Schaeffer 140.10 1933 Sandalwood Drive 32422 Luke S. Johnson 80.05 1743 Sandalwood Dr. 32424 Lyle D. Anderson 90.20 1723 Sandalwood Dr. 32498 Amy Corrington 116.90 1861 Tracy Court 35230 John Radler 24.20 2410 Linder Rd. 35248 Robert Behner 76.70 1531 Claire St. 35358 Terrence S. Music 88.90 1467 Darrah Dr. 37256 Rodney Porter 62.10 1322 Claire St. 37436 R & A Associates 76.50 1311 W. Cherry Lane 37670 Mary V.andeventer 77 . 90 1330 W. Yost Court ACCOUNT # NAME & ADDRESS AMOUNT DUE 37890 Russell S. Heughins 73.20 1528 W. Cherry Ln. 38275 Sharon Jarett 57.80 1542 Storey Ave. 38277 Barbara Root 59.50 1562 Storey Ave. 38284 Robert L. Miller 90.60 1521 Kingswood Ave. 38368 John R. Fisher 56.20 2025 N.W. 12th St. 38428 Kerry L. Wilson 79.00 2230 Fairwood Drive 38498 Patricia G. Bernhard 39.40 2240 N.W. 12th St. 38516 Vickee K. Larson-Poole 117.75 1328 W. Chateau Ave. 38518 M. Frank Jakomeit 86.80 1338 W. Chateau Ave. 38524 Edward E. Spellman 28.65 1424 W. Chateau Ave. 38532 Terry B. Whipple 97.90 1522 W. Chateau Ave. 38572 Roger G. Johnson 46.05 2229 N.W. 14th St. 38576 John Crespin 106.80 2218 N.W. 14th St. 38600 Robin Yelton 70.75 1089 W. Chateau Dr. 38606 Harlan C. Roberts 32.45 1077 W. Chateau Dr. 38622 Wasatch Investments Inc. 61.80 1012 W. Chateau Dr. ~7866 Judith Cryer 55.00 811 Delmar Dr. 18798 John T. Kaiser 67.80 933 W. Chateau Drive 18804 Jerry Goulding 62.20 2271 N.W. 10th St. ACCOUNT # NAME & ADDRESS AMOUNT DUE 38832 Lynn Basura 45.30 2252 N.W. 11th Ave. 38866 Tanya G. Lafee 29.25 2282 N.W. 11th Ave. 39334 Joseph Kiebert 64.10 941 Storey Ave. 40148 Gavin Taylor 88.60 501 Longford Dr. 41154 Rick T. Moore 70.10 322 W. Willowbrook Dr. 411 78 Don Castleberry 57.80 689 W. Willowbrook 41260 Philip Byrne 51.70 2320 Kenmere Dr. 41370 Barbara J. Hicks 102.80 1919 Crestmont Dr. 41442 William A. Caviness 75.80 2054 N.W. 8th St. 46052 American Textiles 74.90 200 E. Fairview 47822 Leo Thometz 90.20 1686 Jericho 47850 Virginia Heaton 126.70 1902 Jericho Rd. 47856 David R. Mclane 37.80 1968 Jericho Rd. ~17880 Kevin Gilbertson 40.80 1183 Torrington Ct. ~7934 Tomorrows Hope Satelite 170.10 2154 Sapphire Place ~8548 Richard L. Backus 26.30 2061 Jericho Way ~8556 Ermine Davis 123.10 1014 Claybourne Dr. ~87l6 Travis P. Campbell 88.60 2161 N.E. 10th Ave. ~8728 Michael P. Kelly 78.70 2071 N.E. 10th Ave. ACCOUNT # NAME & ADDRESS AMOOUNT DUE 48810 Forrest Moore 86.10 821 E. Willowbrook Dr. 48840 Michael Lacroix 91.40 1028 Clarene St. 52292 Julie Rayne 69.20 25 E. Carlton 53774 L.S.-L.S. Inc. 650.75 37 E. Fairview Ave. 53800 Apollo Cleaner 137.40 1535 E. 1st St. 53802 Terry Woodward 26.80 1535 E. 1st St. 53902 Kevin E. Anderson 38.60 1308 Meridian St. 53944 E.E. Brinegar 91. 70 1635 Meridian St. 56396 Idaho Tent & Canvas 86.80 708 East 1st St. 56444 Murri's Electronics 113.40 131 E. Idaho 56810 Meadow Investments 43.40 121 E. Pine Ave. 58524 Betty B. Jacobson 95.50 436 E. pine Ave. 58696 Patsy Garrett 240.30 934 East 5th St. 59470 Mike Claunch 85.00 338 E. State #2 59472 Mike Claunch 83.30 338 E. State - #l 59524 Scott Murri 40.20 12 E. State 60268 Blue Banner Corp. 40.35 331 East 1st 60320 Kimberly Wolfe 75.80 424 East 3rd St. ACCOUNT # NAME & ADDRESS AMOUNT DUE 60350 Robert D. Rankin 45.00 122 East Ada Ave. 60354 Danny W. Fisher 42.10 116 E. Ada 61770 Don Dobson 41.00 220 E. Williams 61782 Gary R. Knox 42.90 205 East 2nd street 61784 Terry Glassinger 53.00 126 E. Williams 70562 Michael L. Bachman 157.10 1836 S.E. 5th Way 92130 Allen H. Giacomini 17 . 80 313 S.W. 7th Ave. 92788 Kendall Kelly 64.80 604 Pennwood St. 92800 Ted A. Isaacson 62.90 734 Pennwood 92874 Joe aIds 77 .10 693 Barrett St. 93770 D'Arlene Stutzman 59.50 70 Rose Circle 93793 Patrick Knighton 47.80 22 Rose Circle 94172 John Danzer 46.60 613 S. Meridian 94608 Ralene J. Gregory 55.80 1125 Crestwood Dr. 94790 Raymond L. Mitchell 62.35 1435 W. Kirnra St. 95178 Michael McCormick 102.90 1289 W. Crestwood Dr. 96910 Thomas H. Brandt 49.10 411 S. Meridian St. ACCOUNT # NAME & ADDRESS AMOUNT DUE 96920 Shellie A. Allen 42.10 403 Meridian St. 96930 Glenn E. Michels 91.50 337 Meridian St. TOTAL AfoDUNT PAST DUE $11,,851.85 AMBROSE. FITZCERALD & CROOKSTON AUornoys and Counselors P.O. Box 427 Meridian, Idaho !l3ij42 Telephone 888.4461 ORDINANCE NO'~~b~__ AN ORDINANCE AMENDING TITLE 2, CHAPTER 3, ELECTRICAL CODE, REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, BY THE ADOPTION OF THE 1990 NATIONAL ELECTRIC CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of the City to amend Title 2, Chapter 3, Electrical Code of the Revised and Compiled Ordinances of the City of Meridian, Ada County, and adopt by reference the 1990 National Electrical Code, which shall be effective upon approval hereof. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF r~ERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. SECTION 1: That Section 2-301 of the Revised and Compiled Ordiances of the City of Meridian is hereby repealed. SECTION 2: That Section 2-301 of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and shall read as follows: NATIONAL ELECTRIC CODE ADOPTED: The National Electrical Code of 1990 is hereby adopted with the below-stated additions, which additions, if in conflict v'Ilth the National Electrical Code, shall overrule said Code. SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall take effect and be in full force and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and Approved by the Mayor of the AMBROSE. FITZCERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 MerlCl lan, Idaho !l3ij42 Tolephone 888-4461 ( II I I City of Meridian, Ada County, Idaho, thisJ~}day of September, 1991. ATTEST: APPROVED: ~R1J---- (--....... {;) ........--.:..... '-._"-~- ~-~J' CK -NrrMANfr-----'-- / .'J"~/ AMBROSE. FITZGERALD & CROOKSTON AlIorneys and Counselors P.O. Box 427 Morldlan, Idaho B3ij42 Telephone 88&4461 ORDINANCE NO. ~~~___ AN ORDINANCE OF THE CITY OF MERIDIAN PROVIDING FOR AUTHORIZATION TO APPLY FOR A GRANT OF AUTHORITY TO ESTABLISH AND MAINTAIN A FOREIGN TRADE ZONE; FOR AUTHORIZATION TO ESTABLISH SUCH A ZONE UPON BEING GRANTED A FOREIGN TRADE ZONE; FOR THE ACTIVATION OF THE FOREIGN TRADE ZONE ONLY UPON FURTHER RESOLUTION OF THE CITY COUNCIL; REQUIRING THAT ANY FOREIGN TRADE ZONE ESTABLISHED BE OPERATED ACCORDING TO APPLICABLE LAWS, RULES AND REGULATIONS; THAT IF A FOREIGN TRADE ZONE IS GRANTED TO THE CITY, AUTHORIZATION TO OPERATE THE FOREIGN TRADE ZONE ITSELF OR TO ASSIGN AND DELEGATE THE DUTIES AND RESPONSIBILITIES TO AN OPERATOR OF THE ZONE; THAT IF A FOREIGN TRADE ZONE IS GRANTED TO THE CITY, THAT THE CITY AND ANY OPERATOR OF THE ZONE MAINTAIN SAID FOREIGN TRADE ZONE AS REQUIRED BY LAWS, RULES AND REGULATIONS APPLICABLE THERETO; REQUIRING THAT THE CITY, IF IT IS GRANTED A GENERAL PURPOSE TRADE ZONE, WILL EXERCISE ITS RESPONSIBILITIES AS GRANTEE AS REQUIRED BY LAWS, RULES, REGULATIONS PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 76-4703A, Idaho Code, authorizes the governing body of a municipality by ordinance to apply to the United States Department of Commerce, Foreign Zones Board, for a grant of authority to establish, operate and maintain foreign trade zone(s) or subzone(s) within the State of Idaho, if the foreign trade zone is to be established, operated and maintained within the corporate boundaries of the of the municipality; WHEREAS, the City of Meridian is a municipality of the State of Idaho and is qualified to apply for a foreign trade zone(s), under the Foreign Trade Zones Act of 1934, as amended, (19 U.S.C. 81a. to 81u.); WHEREAS, the City of Meridian has undertaken and passed Ordinance No. ~L__ providing specific authority for the establishment, operation and maintenance of a foreign trade AMBROSE. FITZGERALD & CROOKSTON Allorneys and Counsolors P.O. Box 427 Meridian, Idaho 83M2 Telephone 888.4461 zone(s) within the corporate limits of the City; WHEREAS, the development of a general purpose foreign trade zone, general purpose foreign trade remote site, or a special purpose foreign trade subzone site, is consistent with, and will further, the economic development goals and strategies of the City of Meridian; WHEREAS, International Trade Services, Inc., an Idaho corporation, has made a proposal to the City of Meridian for the establishment, operation and maintenance of such a zone that is represented by the draft of the FOREIGN TRADE ZONE OPERATION AGREEMENT marked Exhibit nAil and attached hereto; WHEREAS, the City of Meridian does not presently have the funds nor does it have the funds or expertise to operate any type of foreign trade zone; WHEREAS, Gemtone, Inc., owner of the Treasure Valley Business Center, a real estate development located within the City limits of the City of Meridian, by act of its board of directors by corporate resolution, which resolution is attached hereto as Exhibit "B", has authorized the Treasure Valley Business Center to be included in a general purpose foreign trade foreign trade zone, general purpose foreign trade zone remote site, or a special purpose foreign trade subzone as may be appropriate; and WHEREAS, it is deemed to be in the best interests of the City of Meridian, its economy, and the citizens of the City to apply to the United States Department of Commerce, Foreign Zones Board, for a grant of authority to establish, operate and maintain such foreign trade zone(s). AMBROSE, FITZGERALD & CROOKSTON AUofl\eys and Co~nselors P.O. Box 427 Meridian, Idaho 63642 Tolophono 888..\461 II NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIOIAN~ ADA COUNTY, IDAHO: SECTION 1. That the City of Meridian is hereby authorized to apply to the United States Department of Commerce, Foreign Trade Zones Board, for a grant of authority to establish, operate, and maintain a general purpose foreign trade zone, general purpose foreign trade zone remote site, or a special purpose foreign trade subzone, as may. from time to time, be appropriate, and the Mayor and the City Clerk are hereby authorized to sign such an application, upon approval of the City Attorney and City Engineer. SECTION 2. That the City of Meridian, upon receipt of any such grant of authority from the United States Department of Commerce. Forei gn Trade Zones Bo ard, is hereby aut hori zed to proceed in all necessary ways to effectuate the establishment of such foreign trade zone. SECTION 3. That to activate any grant of authority for a general purpose foreign trade zone, general purpose foreign trade zone remote site, or a special purpose foreign trade subzone, requires additional application to, and approval of, the United States Custom Service; that there shall be no application for activation of any general purpose foreign trade zone, remote site foreign trade zone, or a special purpose foreign trade subzone without further resolution of the city Counci 1 of the City of Meridian. SECTION 4. Th at the establ ishment, operation, maintenance, and location of any foreign trade zone and any activities carried out within such zone by the City, the Operator, AMBROSE. FITZGERALD & CROOKSTON AUorneys and Counaolors P.O. Box 427 Morldlan, Idaho 83842 Telephone 888.4461 or others, shall be in conformance with all local, state and federal laws, rules and regulations~ the terms of any operators agreement entered into betvleen the City of Meridian and an Operator, the orders of the Foreign Trade Zones Board, and the orders and directives of the United State Customs Service and any other agencies having jurisdiction within the foreign trade zone. SECTION 5. That the City of Meridian is hereby granted the authority to operate any general purpose foreign trade zone~ general purpose foreign trade zone remote site, or a special purpose foreign trade subzone, or the City may delegate or assign to an Operator in an Operator's Agreement~ between the City and the Operator, the right and ability to operate the zone. SECTION 6. That any general purpose foreign trade zone, remote site foreign trade zone, or a special purpose foreign trade subzone, once granted by the United States Department of Commerce~ Foreign Trade Zones Board, shall be maintained by the City or the Operator of the City, as required by the Operator's Agreement and the regulations of the City of Meridian, the Foreign Trade Zones Board, and the United States Customs Service and any other laws, rules, or regulations of any governmental agencies, state or federal, which has jurisdiction of foreign trade zones. SECTION 7. That in the event that the City of Meridian is granted a general purpose foreign trade zone, the City, as Grantee, may be called upon to consider any applications of other municipalities, corporations, public or private, individuals, or other entities, for foreign trade zone grants of authority for their locality or facility and shall consider approval of such AMBROSE, FITZGERALD & CROOKSTON AUorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 applications upon their merits. SECTION 8. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after it passage, approval, and publication, as required by law PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF MERIDIAN, this 15th day of October, 1991. APPROVED: ~g~ -- ATTEST: ,// AMBROSE. FITZGERALD & CROOKSTON Attorneys and Counsolors P.O. Box 427 Meridian, Idaho 83M2 Tolophona 888-4461 SUMMARY OF ORDINANCE NO. 562 On November 6, 1991, at its regular meeting held on the day following City elections, as required by law, the Meridian City Counci 1 passed and approved Ordinance No. 562, which Ordinance amended Ordinance No. 557, Section 75, the title of which Ordinance No. 562 reads as follows: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 75 OF ORDINANCE NO. 557 WHICH RE-ENACTED SECTION 11-9-615 A. 1. OF THE SUBDIVISION AND DEVELOPMENT ORDINANCE AND RE-ENACTING SAID SECTION 75 OF ORDINANCE NO. 557 TO PROVIDE FOR THE CITY COUNCIL SETTING FEES FOR SUBDIVISION AND DEVELOPMENT APPLICATIONS; AND PROVIDING AN EFFECTIVE DATE. The principle provisions of Ordinance No. 562 are as follows: The Ordinance repeals Section 75 related to Section 11-9-615 A. 1. Development Ordinance and re-enacts follows: of Ordinance No. 557 which of the Subdivision and said section to read as A petitioner or applicant for any of the subdivision or development application matters in this title shall pay fees established by the City Council by resolution. No petition or application, except as hereafter provided, shall be accepted by the City unless accompanied by the required filing fees. The Ordinance is effective upon passage, approval and publication of this Summary according to law. Full text of Ordinance No. 562 is available at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and will be promptly provided by the City Clerk to any citizen upon personal request. ATTORNEY1S CERTIFICATE The undersigned, Wayne G. Crookston, Jr., in his capacity as City Attorney of the City of Meridian, pursuant to Section 50-901 A (3), Idaho Code, as amended, hereby certifies that he has reviewed the a~ Summary of Ordinance No. 562 of the City of Meridian, Idaho, and finds the same to be true and complete and provides adequate notice to the public of the provisions of the Ordinance. ... DATED this 6th day of Nove ber, 1991. ~. _A~ __. G. Crookston, Attorney of Meridian AMBROSE, FITZGERALD & CROOKSTON Attornoys nnd Counsolors P.O. Box 427 Merld lan, Idaho 83642 Tolephone 1!8ll.4461 9 1 661 2 y (!~ ,of ADA COUNTY, I D. FOHlli'aJCtn J. DA VI D N~WARRO:-;)/, C\ RECORDER BY~ q~ ORDINANCE NO. 5/ ~. Am 9 12 . b'9t'NDU 21 II AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS LOTS 3, 4, 5, 6, 7, 8, 9, 10 & 11 OF CHAPIN SUBDIVISION NO.2, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend and change the zoning from R-8 Residential to R-40 High Density Residential, for the follo\'Jing described parcel: Lots Numbered Three, Four, Five, Six, Seven, Eight, Nine, Ten and Eleven of Chapin Subdivision No.2 to Meridian, Ada County, Idaho, according to the official plat thereof on file and of record in Book 11 of Plats, at page 646 thereof, in the office of the County Recorder of Ada County, Idaho. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: Lots Numbered Three, Four, Five, Six, Seven, Eight, Nine, Ten and Eleven of Chapin Subdivision No.2 to Meridian, Ada County, Idaho, according to the official plat thereof on file and of record in Book 11 of Plats, at page 646 thereof, in the office of the County Recorder of Ada County, Idaho. be, and the same is rezoned from R-8 Residential to R-40 High Density Residential, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. Section 2. That the requirement for installing and constructing curb, gutter and sidewalks along 2 1/2 Street, adjacent to the subject property, shall not be waived but Shall AMBROSE, FITZGERALD & CROOKSTON Anorneys and Counselors P.O. Box 427 Meridian, Idaho 63642 Telephone 888-4461 I! . ! be deferred unti 1 such time as 2 1/2 Street is re-constructed either by Ada County Highway District or through a Local Improvement District, or otherwise, but the requirement shall continue to be a requirement of the owner of the subject property to participate in that construction cost. Section 3. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the C i t Y 0 f Mer i d i an, A d a C 0 u n t y, I d a h 0, t h i V9l~ day 0 f ~.:.1.h.fr--_, 1991. APPROVED: MAYOR -- GRANT ATTEST: Q-~ -~--- (7 - JACK NIEMANN AMBROSE, FITZGERALD & CROOKSTON Attornoys and Counselo,,, P.O. Box 427 Meridian, Idaho 83642 TelephOne 868.4461 Ii I STATE OF IDAHO,) 55. County of Ada, ) I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS LOTS 3, 4, 5, 6, 7, 8, 9, 10 & 11 OF CHAPIN SUBDIVISION NO.2, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATEIl; passed as Ordinance No. ...5/.:>:S__, by the Citb Council and Mayor of the City of Meridian, on the ~ day 0 f /jIG r2 r:'.AY1:..fJ...e::::..____._______, 1 9 9 1, a s the sam e a p pea r sin my off ice .r- I D ATE 0 t his ~ day 0 f /}/c; JcrY/ bt:r-__.____~.___, 1991. STATE OF IDAHO,) ~~ // ~ler , ( Ad/county, \.----..-./ . ~ t y~OT-Merfdran-----~- daho s s . . County of Ada, ) On this 20 day of November ,1991, before me, the u n d e r s i 9 n e d ,-a Not a r y P'U6Tfc-lfi-'an crror-sa-ld S tat e, per 5 0 n all y appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged 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 '7d o t a y Pub frc-fo~--------- Meridian, Idaho expires 04/01/93