HomeMy WebLinkAbout1991 10-15
AGE N D A
MERIDIAN CITY COUNCIL
OCTOBER 15, 1991
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD OCTOBER 1, 1991 (APPROVED)
1: FINAL PLAT ON CENTRAL VALLEY CORPORATE #3: (APPROVED)
2: FINAL PLAT ON FAUTH SUDIVISION WITH REQUEST FOR WAIVER ON
DRY LINES: (FINAL PLAT - APPROVED) (WAIVER - DENIED)
3: APPROVE SUMMARY OF ORDINANCE # 557 FOR PUBLICATION: (APPROVED)
4: RESOLUTION # 141:RESOLUTION IN SUPPORT OF FOREIGN TRADE ZONE SITE: (APPROVE
5: ORDINANCE # 561: ORDINANCE ALLOWING ESTABLISHMENT, OPERATION &
MAINTENANCE OF FOREIGN TRADE ZONE: (APPROVED)
6: RESOLUTION # 142: RESOLUTION ADOPTING DEFFERED COMPENSATION PLAN: (APPROVED
7: RESOLUTION # 143: RESOLUTION ADOPTING FEE SCHEDULE FOR ZONING &
DEVELOPMENT APPLICATIONS : (APPROVED)
8: REQUEST FOR EXTENSION ON PRELIMINARY PLAT ON FENWAY PARK
SUBDIVISION(FORMERLY CRESTWOOD ESTATES) BY BILL BUCKNER: (APPROVED)
9: DEPARTMENT REPORTS:
MERIDIAN CITY COUNCIL
OC'IOBER 15, 1991
The Regular meeting of the Meridian City Council was called to order by Mayor Grant P.
Kingsford at 7:30 P.M..
Members Present: Ron Tolsma, Bob Giesler, Bert Myers, Max Yerrington:
Others Present: Wayne Forrey, Karen Forrey, Bob Corrie, Kevin Jones, Frank Thomason,
D'Arlene Stutzman, Greg Chapman, James Ireland, Ryan Walker, Gary Smith, Bill Musser,
Jim Johnson, Wayne Crookston, Members of Scout Troop #126,
MINUTES OF THE PREVIOUS MEETING HELD OC'IOBER I, 1991:
The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous
meeting held October 1, 1991 as written:
Motion Carried: All Yea:
ITEM#l: FINAL PLAT ON CENTRAL VALLEY CORPORATE #3:
Dave Roylance, I am the engineering representing the applicant. If you have any questions
I'd be glad to answer them.
Tolsma: You have seen the comments from the engineer?
Roylance: We have and have been working with Gary.
The Motion was made by Myers and seconded by Tolsma to approve the Final Plat on Central
Valley Corporate Park #3:
Motion Carried: All Yea:
ITEM #2: FINAL PLAT ON FAUTH SUBDIVISION WITH REQUEST FOR WAIVER ON DRY LINES:
Fauth: I just wanted to say that I appreciate you considering this tonight.
Kingsford: I have some real concern about waiving that variance on the dry line issue.
Fauth: At this point is you know where would I even go to to lay it out. We are only going
20 ft. wide with the pavement. There will still be considerable room. What is the
width of a street?
Eng. Smith: 36 ft. back to curb back to curbr you have four foot of curb and gutter so
you've got 32 ft. of actual pavement.
Kingsford: I believe it's our intention to run that 8" line to Ustick and turn the
corner with it. I have a real concern about granting that variance. The other concern
that I have is I didn't see any provision that that property might be resubdivided.
Has your engineer given any thought to a potent ion resubdivision.
Fauth: Not at this point.
Giesler: How long before that water and sewer could be out in that area?
KIngsford: We are building that eight inch line in Meridian Road at this point. But It
will still be 700 feet away.
MERIDIAN CITY COUNCIL
OC'IOBER 1, 1991
PAGE #2
Kingsford: The property would it all sewer onto Ustick or is there potential for sewer
directly across say the back of some of those other properties.
Eng. Smith: The land drains from the south to the north towards Ustick. It was my
impression that that would be how the sewer would have tobe constructed.
Tolsma: What happens if in a couple of years they decide to annex that ground in, how
would you fix all the water and sewer lines into that area if they are not put in now?
Fauth: Well that's a good question I guess. I hate to be putting it in and then you
change your mind and run it the opposite way.
Kingsford: I think there is question but what it will have to drain onto Ustick Road.
I support your idea but I do have some concerns that there is not some provisions made
for resubdivision.
Fauth: The sewer has to be down the center of the road?
Eng. Smith: There is a corridor that the sewer can be installed within. Typically it
is in the middle of the road.
Fauth: I do have a 60 ft. right of way.
Discussion. (TAPE ON FILE)
Kingsford: What size pipe would that need?
Eng. Smith: The State Health Department requires that any sewer line in any public right-
of-way be a minimum of 8", there would be some manholes involved in that also, about
every four hundred feet.
Myers: I agree with the Mayor that those ought to be built in now.
The Motion was made by Myers and seconded by Yerrington not to approve the variance.
Kingsford: I think a more appropriate way would be to approve the plat and deny the
variance.
Myers withdraws the Motion made and Yerrington withdraws the second.
The Motion was made by Myers and seconded by Yerrington to approve the Final Plat for
Fauth Subdivision and deny the variance requested for the dry lines.
Motion Carried: All Yea:
Kingsford: I would like to recognize Boy Scout Troop #126 and welcome them to our meeting.
ITEM #3: APPROVE SUMMARY OF ORDINANCE #557 FOR PUBLICATION:
Kingsford: On October I, 1991, at its regular meeting on the 1st Tuesday of the month,
the Meridian City Council passed and approved Ordinance No. 557, which Ordinance amended
the Zoning Ordinance and the Subdivision and Development Ordinance which are contained
in Title 11, Chapter 2 and 9, respectively, of the Revised and Compiled Ordinances of
the City of Meridian, the Title of which Ordinance No. 557 reads as follows:
MERIDIAN CITY COUNCIL
OC'illBER 1, 1991
PAGE #3
Kingsford: This was done to summarize this Ordinance so that it wouldn1t cost as much
to publish it in the paper.
The Motion was made by Tolsma and seconded by Myers to approve the summary of Ordinance
#557 for publication.
Motion Carried: All Yea:
Crookston: May I recommend that you reverse items #4 and #5 on the agenda.
ITEM #5: ORDINANCE #561: ORDINANCE ALLOWING ESTABLISHMENT, OPERATION AND MAINTENANCE
OF FOREIGN TRADE ZONE:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN PROVIDING FOR AUTHORIZATION 'ill APPLY FOR
A GRANT OF AUTHORITY 'ill ESTABLISH AND MAINTAIN A FOREIGN TRADE ZONE: FOR AUTHORIZATION
'ill ESTABLISH SUCH A ZONE UPON BEING FRANTED 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 ESTBLISHED BE OPERATED ACCORDING 'ill APPLICABLE LAWS, RULES
AND REGULATIONS~ THAT IN A FOREIGN TRADE ZONE IS GRANTED 'ill THE CITY, AUTHORIZATION 'ill
OPERATE THE FOREIGN TRADE ZONE ITSELF OR 'ill 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 OPERA'IOR OF THE ZONE MAINTAIN SAID FOREIGN TRADE ZONE AS
REQUIRED BY LAWS, RULES AND REGULATIONS APPLICABLE THERE'ill~ REQUIRING THAT THE CITY, IF
IT IS GRANTED A GENERAL PURPOSE TRADE ZONE, WILL EXERCISE ITS I RESPONSIBILITIES AS GRANTEE
AS REQUIRED BY LAWS, RULES, REGULATIONS PERTAINING THERE'ill~ AND PROVIDING AN EFFECTIVE
DATE. Is there anyone present who wishes Ordinance #561 read in its entirety? No response.
The Motion was made by Giesler and seconded by Myers that the rules and provisions of
50-902 and all rules and provisions requiring that Ordinances be read on three different
days be dispensed with and that Ordinance #561 be passed and approved.
Roll Call Vote: Yerrington - Yea~ Giesler - Yea~ Myers - Yea~ Tolsma - Yea~
Motion Carried: All Yea:
ITEM #4: RESOLUTION #141: RESOLUTION IN SUPPORT OF FOREIGN TRADE ZONE SITE:
Kingsford: A RESOLUTION OF THE CITY OF MERIDIAN IN SUPPORT OF THE ESTABLISHMENT OF
A GENERAL PURPOSE FOREIGN TRADE ZONE, REMOTE SITE FOREIGN TRADE ZONE, OR A SPECIAL
PURPOSE FOREIGN TRADE SUBZONE WITH THE CORPORATE LIMITS OF THE CITY OF MERIDIAN~ AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF MERIDIAN AN OPERA'illRS AGREEMENT
WITH INTERNATIONAL TRADE SERVICES, INC. SIMILAR TO ONE PRESENTED 'IO THE CITY BY INTER-
NATIONAL TRADE SERVICES INC.~ NAMING AN OPERA'illR OF THE ZONE~ ENDORSING TREASURE
VALLEY BUSINESS CENTER AS A FOREIGN TRADE ZONE SITE; AND PROVIDING AN EFFECTIVE DATE.
The Motion was made by Tolsma and seconded by Yerrington to approve Resolution #141.
Motion Carried: All Yea:
ITEM #6: RESOLUTION fI:l42: RESOLUTION AOOPTING DEFFERED COMPENSATION PLAN:
Kingsford: A RESOLUTION OF THE CITY OF MERIDIAN ADOPTING A GENERAL EMPLOYEES NONQUALIFIED
DEFERRED COMPENSATION PLAN FOR THE CITY EMPLOYEES OF THE CITY OF MERIDIAN~ NAMING AN
INITAL CONSULTANT AND ADVISOR FOR THE PLAN~ SETTING FORTH THAT THE PLAN SHALL BE MANAGES
BY A GROUP OF TRUSTEES; NAMING AND APPOINTING THE INITAL TRUSTEES GROUP AND SETTING
MERIDIAN CITY COUNCIL
OC'IOBER 1, 1991
PAGE #4
FORTH THE TERMS OF OFFICE FOR THE INITIAL TRUSTEES AND PROVIDING FOR SUCCESSORS;
AUTHORIZING THE TRUSTEES TO SIGN ALL APPLICATIONS AND OTHER PLAN DOCUMENTS AND PAPERS;
AND PROVIDING AN EFFECTIVE DATE.
The Motion was made by Giesler and seconded by Tolsma to approve Resolution #142:
Motion Carried: All Yea:
ITEM #7: RESOLUTION #143: RESOLUTION ADOPTING FEE SCHEDULE FOR ZONING AND DEVELOPMENT
APPLICATIONS:
Kingsford: A RESOLUTION OF THE CITY OF MERIDIAN PROVIDING FOR A FEE SCHEDULE FOR THE
ZONING ORDINANCE AND THE SUBDIVISION AND DEVELOPMENT ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE: Is there any discussion on this item?
Giesler: Are we able to change these if we see that they are not in line?
Kingsford: Yes by Resolution.
Yerrington: What percentage increase is this over the old?
Kingsford: Gave explanation. (TAPE ON FILE)
Crookston: The big justification for the change is the court ruling that the City can
no longer pass to the developers the actual costs incurred so Jack did a study of
costs that had been incurred and these fees here are actually lower than the costs
that had been incurred. They are lower than the City of Boise's fees.
Giesler: If for example on a Conditional Use we do receive a substantial amount of
testimony that requires a substantial amount of work in our office, let's say it was
twice that, the City will have to bear the costs.
Kingsford: Yes. The court stated that they have to be reasonable and aware that they
are going in.
The Motion was made by Myers and seconded by Tolsma to approve Resolution #143.
Motin Carried: All Yea:
ITEM #8: REQUEST FOR EXTENSION ON PRELIMINARY PLAT ON FENWAY PARK SUBDIVISION (FORMERLY
CRESTWOOD ESTATES) BY BILL BUCKNER:
Kingsford: Is there a representative here?
Jerry Iverson: I think you all are aware of the controversy that we have had to
solve out there due to some promises made by a previous developer req9r.ding~-a~
recreation vehicle parking lot. Gave explanation on the R.V. parking problem. We have
just obtained this evening a letter from the president of the homeowners association
basically stating that they have come to an agreement with T & R Construction for the
construction of the improvements and are accepting the new location that we are going
to be tranSferring the T & R Construction for that R.V.P area and they are basically
saying that they will hold the City Council and us harmless for the actual construction
zone. The Fenway park subdivision will not have any interest in this facility. One
MERIDIAN CITY COUNCIL
OCTOBER 1, 1991
PAGE #5
other item that we were concerned about was the improvements to Franklin Road in front
of this R.V. facility. T & R is saying they don't really have the money right now
to improve that and we came to an agreement with them that Mr. Buckner would go ahead
and improve that.
Giesler: This R.V. Park is going to be put up against the homes that are already
built in there? So what is the difference building up against those homes than up
against your homes?
Iverson: We are not taking part in that facility and the homeowners in 3,4 and 5 have
decided that they would prefer to have the R.V. Park located in that area.
Giesler: Mr. Buckner was not aware when he purchased the property that that is the
way it was set up?
Iverson: We were aware of an area of land set aside for that facility. It has always
been our understanding that when a developer comes in and is going to buy property items
such as a park, tennis court or something like this, those are subdivision amenities that
are put in in order to help sell your lots. It was our feeling that nobody has an
objection to a park if the homeowners want to support this thing but that should be
left up to the homeowners in the area that it is intended for.
Giesler: Is this R.V. parking going to go clear to the highway then?
Iverson: Yes, there may be a small buffer zone left.
The Motion was made by Tolsma and seconded by Yerrington to approve of the extension on
Preliminary Plat for Fenway Park.
Motion carried: All Yea:
Kingsford: The next Council meeting will be on November 6th because of the election.
ITEM #9: DEPARTMENT REPORTS:
Eng. Smith: The first item concerns Meridian Road sewer and water project. As part of
our plans to put water and sewer in Meridian Road we were going to extend to each existing
residence a water and a sewer service. Some of the property owners along there owning
larger lots or larger areas of ground have requested that additional service lines be
installed to the vacant land for possibility of future development. These requests
have varied from a single sewer and water service, a four inch sewer and a 3/4 or I"
water service to an 811 sewer and a 6" water service. I have told people there that we
would provide a single sewer and water service to each existing residence. I would like
Council guidance on how you would like to handle these requests for additional sewer
and water services. I have three alternatives or well basically two alternatives. One
wouldbe for the City to go ahead and install the services at this time and the City absorb
the costs and at the future time when these properties did develop to connect to these
spare services that we would recover our costs at that time with an additional increase
for however many years it may be. Or that we tell the residence that the sewer and water
services are available to them at this time if they so desire and that they would need to
pick up the cost.
MERIDIAN CITY COUNCIL
OC'IOBER 1, 1991
PAGE #6
Kingsford: I think the latter would be appropriate. I think we need to stay with
one and let them know the prices for additional if they want them.
Eng. Smith: There hasn't been any excessive requests made by any of the property
owners, the majority of property owners have requested one additional.
Kingsford: What is the cost for a stubbed out sewer?
Eng. Smith: On Ten Mile Road it was running about $12.00 a linear foot plus there
was a tee fee at the main line. Gave example of costs. (SEE TAPE)
The Motion was made by Giesler and seconded by Yerrington to have any additional after
the first that both water and sewer be absorbed by the property owner.
Motion Carried: All Yea:
Eng. Smith: The next item I have concerns the south slough sewer. A diagram was passed
out to the Council. This is Meridian Road, this map only goes a half of a mile east
of Meridian Rd., basically this is the south slough and this is the alignment of the
sewer line that comes down the south slough, when we get to this point, which is a half
a mile west of Meridian Road, the original concept was to go south along this ditch
that coneects the south slough with Five Mile Creek and then west to an existing manhole
that we have crossing Five Mile Creek off of Meadowview #2 subdivision. The second
alternative that we discussed in the planning phases with the engineer was to continue
well actually drop back to this point which is indicated by the green line on your drawing
and he went north to a point and then west and kind of went diagonally over to Linder
Road. The point of discussion began when Mr. Siminich who own some property here, this
area along side of this lane that comes down through here and he was concerned that we
were following the right drainage to get to Linder Road and his feeling was that the
sewer line should possibly we should consider bringing the sewer line on up, what
turns into the Creason Lateral because it's now taking water up Five mile Creek and
it's becoming an irrigation ditch. On up Creason Lateral and on over to Linder Road
and connecting to a sewer manhole at that point. Explained further on maps. (TAPE ON
FILE) If this second alternative was selected we would take that 1950 feet and extend
it along the Creason which is about to this point and we would have about a 1,000 feet
of additional sewer to build to make the connection. The area above Ustick Road would
still have to be sewered by a line coming down to be extended down Ustick Road or a
point slightly north of Ustick Road, that area would still not be sewered by this line.
The point Mr. Siminich was making was is that a line through here this property is
naturally flowing toward that low area and so it's all going to drain into that area.
The question before the Council this evening is that we are looking at $70 to $80
a foot and that cost is based in large part on the amount of ground water that they
are anticipating the contractor will find.
Kingsford: What is the pressure for development, has there been anyone in that area
that is interested in developing?
Forrey: The only one that has vocalized that have been Mr. & Mrs. Peterson on the
south side of the south slough. Also the Ewing Company.
Eng. Smith: They would be connecting to the sewer line regardless of where it went.
Kingsford: But as far as an area that would be affected by the switch there is noone
MERIDIAN CITY COUNCIL
OC'IOBER L 1991
PAGE #7
that has been interested in developing in that area.
Forrey: Not officially.
Kingsford: I think Mr. Siminich makes a good point in that it could service a large area.
My concern is again throwing $90,000. in the ground additional that may not be utilized
for years.
Giesler: At some point and time would those continue on down there?
Eng. Smith: They would have to pick up at Linder and run the lines back.
Kingsford: Given the requirements for that area that wouldn't have to be a 21" line,
would it?
Eng. Smith: In talking with the engineer, it would probably be a 10". (Further Explanation -
Tape on file) -
Kingsford: Did Mr. Siminich offer any kind of proposal to participate if it went
that way?
Smith: No sir. I asked but I didn't get a very positive response. (See tape)
Giesler: I think that would be my recommendation that we contact those people and if there
is some interest in helping get that across there, I think that would be my preference to
take it across there if we can get some help.
The Motion was made by Tolsma and seconded by Giesler to go the original route unless
the owners in the affected area will participate in the sewer line.
Motion Carried: All Yea:
Wayne Forrey: Gave a brief explanation on downtown development. Have completed the
LID assessment role, however before we can stick an accurate cost to each property
the project has to be completed and all bills totaled and then we would figure that out.
I can give you some general guide lines. In segments one and three it will be between
$19 and $21 per foot. Segment two, from the railroad tracks north to Carlton will be
$29 to $31, then from Carlton north back to $20 a foot. Secondly, congratulations to
the Council on the Phase II Block Grant. The downtown improvement committee is going to
be meeting on the 25th to review various parking lot and public plaza configurations for
the possible land that will be acquired in that project. The next thing is we are
currently looking at four engineering firms and inviting them to submit cost proposals for
desgin services on the Phase II project. We will try to corne before you on Nov. 6 with a
recommendation.
Discussion. (TAPE ON FILE)
Crookston: In the proposal to Department of Commerce, was there any reference as to whether
this was going to be metered parking or fee parking of any nature?
Forrey: We left it kind of flexible.
~. . I
MERIDIAN CITY COUNCIL
OCTOBER 1, 1991
PAGE #8
Budget matters were discussed. (TAPE ON FILE)
Kingsford: Wayne where do we stand with that clogged irrigation line on 11th Street?
Forrey: Some of the property owners did not receive their certified letters so the
City hand delivered them. It's been the two weeks allowed so we can probably take
action on this now.
Kingsford: I think we can proceed with that.
Crookston: rId like to bring up my budget proposal.
Kingsford: What is your position with regard to the police?
Crookston: We had discussed it and are aware of the time that police prosecution is
taking up and is likely to continue. We are prepared to withdraw our request for
the fee increase for this year.
Kingsford: The Idaho Association of County's will be proposing legislation again this
year at legislature time to share ~n the 90% fee collection which would certainly impact
their budget for prosecution.
Crookston: We are very sensative to that issue. We have increased the amount of fine
money that has come into the City significantly.
Kingsford: We need a motion on the Civil work.
Crookston: We have had a fee set for matters that were livable to developers and passed
back to them which was $85.00 an hour. That no longer is available to us. I structured
the request to be increased to in essence compensate myself because that's not going to
be there. I have in the past been requesting a five dollar an hour increase, I did increase
it an additional $2.50 because that is not going to be available. The fees from
surrounding areas are more, Garden City's attorney is asking for an increase from $75.00
up, gave brief examples of other areas. I feel that my suggested fee increase is still
substantially less than the other City's around are paying.
The Motion was made by Myers and seconded by Yerrington to approve the increase from
$65.00 an hour to $72.50.
Motion Carried: All Yea:
Crookston: There is a hearing on October 24th on the area of impact for Boise.
Giesler: The Fire Department has a new training device that I was impressed with.
Example given to Council:
MERIDIAN CITY COUNCIL
OCTOBER L 1991
PAGE #9
The Motion was made by Myers and seconded by Yerrington to adjourn this meeting at
9 : 00 P. M. :
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
~~fr~R/
ATTEST:
/
,,"~./',/'
-----"
pc: Mayor & Council,
P & Z Members,
Bldg., Eng., Police,
Gass, Ward, Stuart,
Valley News, CDH, ACED,
NMID, Settlers, Hallett,
Mail (3)
File (3)
AMBROSE,
FITZGERALD
& CROOKSTON
Atlorneys and
Counselors
P,O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
SUMMARY OF ORDINANCE 557
On October 1, 1991, at its regular meeting on the 1st Tuesday
of the month, the Meridian City Council passed and approved
Ordinance No. 557, which Ordinance amended the Zoning Ordinance
and the Subdivision and Development Ordinance which are contained
in Title 11~ Chapters 2 and 9, respectively, of the Revised and
Compiled Ordinances of the City of Meridian, the Title of which
Ordinance No. 557 reads as follows:
ORDINANCE NO. 557
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING CHAPTER 2,
ZONING ORDINANCE, AND CHAPTER 9, SUBDIVISION AND DEVELOPMENT
ORDINANCE, BOTH OF TITLE 11, OF THE REVISED AND COMPILED
ORDINANCES OF THE CITY OF MERIDIAN, WHICH AMENDMENTS DO THE
FOLLOWING: 1) REGARDING THE ZONING ORDINANCE, IT CHANGES THE
JURISDICTION OF THE ZONING ORDINANCE FROM THE AREA OF IMPACT TO
THE LAND THE CITY HAS JURISDICTION OVER PURSUANT TO THE AREA OF
IMPACT AGREEMENTS; AMENDS SECTION 11-2-403 B. DEFINITIONS BY
ADDING, DELETING, AMENDING AND PUNCTUATING SOME OF THE
DEFINITIONS; REPEALS SECTION 11-2-404 C. 1. AND RE-ENACTS SAID
SECTION TO DELETE THE REQUIREMENT THAT A PLANNING AND ZONING
COMMISSION MEMBER SHALL BE ADDED FOR EACH ADDITIONAL 5,000
INCREASE IN POPULATION AND TO SET THE TERM OF OFFICE OF
COMMISSIONERS AT SIX YEARS; AMENDS SECTION 11-2-404 C. 2. BY THE
ADDITION THERETO OF THE POWER BY THE COMMISSION TO APPOINT HEARING
EXAMINERS; AMENDS SECTION 11-2-404 D. 1. BY THE ADDITION THERETO
OF TWO SUBSECTIONS GIVING THE COUNCIL POWER TO APPOINT HEARING
EXAMINERS AND TO PERFORM DUTIES AS REQUIRED BY THE ZONING
ORDINANCE; AMENDS SECTION 11-2-405 C. 1. AND 2 BY DELETING THE
WORDS ~CONDITIONAL USE~ THEREFROM AND INSERTING ~VARIANCE"; AMENDS
SECTION 11-2-406 C. BY DELETING THE WORDS IIOR AMENDMENTII AND
INSERTING THE PHRASE IIAPRIl 2, 198411; AMENDS SECTION 11-2-407 B.
2. d. TO DELETE AN 110" AND INSERT THE ~JORD 1I0R"; AMENDS SECTION
11-2-407 C. TO DELETE THE WORD "AGRICULTURAL"; REPEALS SECTION
11-2-408 B. 1., LOW DENSITY RESIDENTIAL DISTRICT, AND RE-ENACTS
SAID SECTION, AND AMENDS SECTION 11-2-409~ ZONING SCHEDULE OF USE
CONTROL, A., RESIDENTIAL, SO BOTH STATE THAT ONLY SINGLE-FAMILY
DWELLINGS, PUBLIC SCHOOLS, AND PLANNED RESIDENTIAL DEVELOPMENTS
SHALL BE ALLOWED IN THE R-4 DISTRICT; AMENDS SECTION 11-2-409,
ZONING SCHEDULE OF USE CONTROL, B., COMMERCIAL, TO STATE THAT
CHURCHES ARE A PERMITTED USE IN OLD TOWN, CHILD CARE CENTERS ARE
A CONDITIONAL USE IN THE C-G ZONE, AND THAT BARS, ALCOHOL
ESTABLISHMENTS ARE A CONDITIONAL USE IN OLD TOWN; AMENDS SECTION
11-2-409, ZONING SCHEDULE OF USE CONTROL, C., INDUSTRIAL, TO
REMOVE FROM uFABRICATED METAL PRODUCTS", MAJOR WELDING; REPEALS
SECTION 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS,
A., AND RE-ENACTS SAID SECTION TO CHANGE THE REQUIREMENTS AND TO
DELETE THE AGRICULTURAL DISTRICT AND TO CHANGE THE "I" DISTRICT
TO III-L"; AMENDS 11-2-410 B. 4. TO ADD IICHIMNEYI AS AN
ARCHITECTURAL PROJECTION; AMENDS SECTION 11-2-410 D. 1. b. (4) TO
SUMMARY OF ORDINANCE 557
PAGE - 1
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P,O, Box 427
Merld lan, Idaho
63642
Telephono 888-4461
DELETE THE REQUIREMENT RELATING TO COVENANTS AND RESTRICTIONS;
AMENDS SECTION 11-2-410 D. 1. b. (5) TO DELETE THE REFERENCE TO
COSTS OF NOTICE, LEGAL AND ENGINEERING FEES; AMENDS SECTION 11-2-
410 D. 1. b. (7) TO DELETE THE 1INOTII AND INSERT IINOII; AMENDS
SECTION 11-2-411 D. TO ADD A NEW SUBSECTION 6. TO STATE THAT
MULTI-STORIED SINGLE-FAMILY DWELLINGS MUST HAVE A MINIMUM OF 800
SQUARE FEET ON THE GROUND FLOOR; REPEALS SECTION 11-2-414 C. 1.
AND 11.; AMENDS SECTION 11-2-414 D. BY THE ADDITION OF A
SUBSECTION 3. DEALING WITH DRAINAGE; AMENDS SECTION 11-2-414 E.
f. (1) TO CHANGE 1I0NE SPACE FOR EACH BUS OR OTHER VEHICLEII TO "ONE
SPACE FOR EVERY TEN CHILDREN"; AMENDS SECTION 11-2-416 B. TO
DELETE THE REQUIREMENT THAT A ZONING AND SUBDIVISION REQUEST BE
PROCESSED AS SUBDIVISION APPLICATION; REPEALS SECTION 11-2-416 C.
17.; REPEALS SECTION 11-2-416 E. PROCEDURE, 1. a. AND RE-ENACTS
SAID SECTION TO CHANGE THE REQUIREMENTS THAT AN APPLICANT MUST
PERFORM IN OBTAINING A ZONING AMENDMENT; REPEALS SECTION 11-2-416
E. PROCEDURE, 1. c.; REPEALS SECTION 11-2-416 E. PROCEDURE, 2.
AND RE-ENACTS SAID SECTION TO STATE THAT THE COMMISSION SHAll GIVE
THE NOTICE OF HEARING RATHER THAN THE APPLICANT; AMENDS SECTION
11-2-416 F. 1. TO DELETE THE MAILING NOTICE REQUIREMENTS BY THE
APPLICANT AND HAVING THE CITY PERFORM THAT TASK; AMENDS SECTION
11-2-417 TO DELETE THE REQUIREMENT THAT THE OWNER GRANT A LIEN TO
SECURE PAYMENT OF COSTS; AMENDS SECTION 11-2-418 B. TO REMOVE THE
ABILITY OF A LESSEE TO APPLY FOR A CONDITIONAL USE PERMIT; REPEALS
SECTIONS 11-2-418 B. 12, 14, 15, AND 18 TO REMOVE THE REQUIREMENTS
OF 75% CONSENT, THE GRANTING OF A LIEN TO SECURE PAYMENT OF COSTS,
A STATEMENT THAT THE USE DOES VIOLATE COVENANTS OR RESTRICTIONS,
AND REMOVING THE STATEMENT THAT NO CONDITIONAL USE WILL BE GRANTEO
IF IT VIOLATES THE COVENANTS OR RESTRICTIONS; REPEALS SECTION 11-
2-419 B. 22. REMOVING THE REQUIREMENT FROM THE VARIANCE PROVISIONS
THAT THE OWNER GRANT A LIEN TO SECURE PAYMENT OF COSTS; REPEALS
SECTION 11-2-422 A. AND RE-ENACTS SAID SECTION REQUIRING
APPLICANTS TO PAY THE FEES ESTABLISHED BY THE CITY COUNCIL
PURSUANT TO RESOLUTION; AND REPEALS SECTION 11-2-422 E. AND RE-
ENACTS SAID SECTION TO REMOVE THE REQUIREMENT THAT THE APPLICANT
PAY THE LEGAL, ENGINEERING AND PUBLICATION COSTS AND GRANT A LIEN
TO SECURE THE PAYMENT THEREOF, BUT LEAVING THE LANGUAGE STATING
THAT IF THE FEES REQUIRED ARE NOT PAID THAT THE CITY MAY REVOKE
ANY ACTION APPROVING THE APPLICATION. 2) REGARDING THE
SUBDIVISION AND DEVELOPMENT ORDINANCE, IT REPEALS SECTION 11-9-
604 C. 4. c. AND RENUMBERS 11-9-604 C. 4. d. TO 11-9-604 C. 4. c.;
AMENDS SECTION 11-9-604 C. 5. a. b. AND c. TO DELETE THE
REQUIREMENT OF TWENTY-SEVEN COPIES AND INSERTS THIRTY COPIES;
AMENDS SECTION 11-9-604 C. 5. d. TO DELETE THE 11]'1 COPIES AND
INSERTS "4" COPIES OF CONCEPTUAL ENGINEERING PLANS AND CHANGES THE
"ADMINISTRATOR" TO THE "CITY ENGINEER" AS THE OFFICIAL TO
DETERMINE CONFORMANCE TO REGULATIONS, ORDINANCES AND STANDARDS OF
THE CITY; REPEALS SECTION 11-9-604 C. 6. m. AND RE-ENACTS SAID
SECTION TO ADD STREET LIGHTS; AMENDS SECTION 11-9-604 H. 1. a. TO
DELETE "2711 AND INSERT 113011 COPIES OF THE PLAT; AMENDS SECTION 11-
9-605 I. TO DELETE 1ICOMMISSION" AND INSERTS lICOUNCILII AS THE
ENTITY THAT REVIEWS COVENANTS; AMENDS SECTION 11-9-605 J., FENCES,
SUMMARY OF ORDINANCE 557
PAGE - 2
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys end
Counselors
P.O, Box 427
Meridian, Idaho
63642
Telephono 888-4461
7. TO ADD A NEW SUBSECTION k. WHICH SHALL REQUIRE THAT FENCES TO
BE CONSTRUCTED ON BERMS BE SHOWN ON THE PRELIMINARY PLAT; AMENDS
SECTION 11-9-605 J., FENCES, TO ADD A NEW SUBSECTION 8. WHICH
SHALL REQUIRE THAT DEVELOPERS INTENDING TO CONSTRUCT BOUNDARY
FENCES SHOW THAT ON THE PRELIMINARY PLAT; REPEALS SECTION 11-9-
605 J. 10. a. 12.; AMENDS SECTION 11-9-605 BY THE ADDITION THERETO
OF A NEW SUBSECTION M. TO REQUIRE THAT DITCHES AND WATERWAYS IN
NEW SUBDIVISIONS BE PIPED; AMENDS SECTION 11-9-606 A. TO RENUMBER
THE SECTION AND ADD A NEW SUBSECTION 2. STATING THAT IT IS THE
LIABILITY OF THE SUBDIVIDER AND OWNER TO SEE THAT IMPROVEMENTS
SHOWN ON THE PLAT ARE CONSTRUCTED; SECTION 11-9-606 B. 13. IS
AMENDED TO ADD A NEW SUBSECTION c. REQUIRING THAT THE LOCATION OF
STREET LIGHTS BE SHOWN ON THE PLAT; SECTION 11-9-606 B. 14. IS
AMENDED BY THE ADDITION OF AN ADDITIONAL PARAGRAPH RELATING TO THE
WAIVER OF THE PRESSURIZED IRRIGATION REQUIREMENTS; REPEALS SECTION
11-9-615 A. I. AND RE-ENACTS SAID SECTION TO REQUIRE THE
SUBDIVIDER TO PAY THE FEES ESTABL ISHED BY THE CITY COUNCIL BY
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
The provisions of Ordinance No. 557 are accurately stated in
the above title but the principal amendments of the Ordinance are
as follows:
ZONING ORDINANCE
1. Amends the Jurisdiction of the Zoning Ordinance to cover
land the City has jurisdiction over pursuant to the Area of Impact
Agreements between the City and Ada County.
2. Deletes portions of, adds to, or amends some of the
existing definitions. Some of the changes are minor involving
punctuation or adding to the definition the effective date of the
original adoption of the Zoning Ordinance, April 2, 1984, The
following reflect the changes of significance:
Applicant is changed to mean any person submitting a request
for rezone, conditional use, accessory use, annexation, or
request to be allowed to make any appl ication authorized
under this ordinance.
Automobile Wrecking Yard is changed to reflect a 30 day time
period rather than a 60 day time period as the maximum time
for the holding of an unlicensed vehicle before the place of
holding is deemed a wrecking yard.
Clinic (Medical, Dental, Optical) is changed to mean a
building (other than a hospital) used by one (1) or more
health care practitioners for the purpose of care, diagnosis
or treatment of sick, ailing, infirm, or injured patients,
or those who are in need of medical and surgical attention,
but which building does not provide board, room or regular
hospital care and services."
SUMMARY OF ORDINANCE 557
PAGE - 3
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P,O, Box 427
Meridian, Ideho
83642
Telephone 688-4461
Commercial Use or Business is changed to mean the purchase,
sale or other transaction involving the handling or
disposition of any article, substance or commodity, or the
dispensing of services for livelihood or profit; ownership
or management of office buildings, offices for recreational,
entertainment or amusement enterprises or the maintenance and
use of offices by professions and trades rendering services
is included in this definition."
Convalescent or Nursing Home, Rest Home is changed to mean
any home, place or institution which operates or maintains
facilities providing convalescent, or chronic care, or both,
for a period in excess of twenty-four (24) consecutive hours
for two (2) or more patients not related by blood or marriage
to the operator, and said patients, who by reason of illness
or infirmity, are unable to properly care for themselves.
District or Zone is changed to delete the Agricultural
Zone as a zone within the city.
Entertainment Facilities (Commercial) is changed to mean any
structure housing any "for profit" activity, which is
generally related to the entertainment field, such as motion
picture theaters, taverns, night clubs, cocktail lounges,
bowling allies, and similar entertainment activities."
Fence is added as a definition which means an enclosure;
especially an enclosing barrier, as one to prevent straying
from within or intrusion into.
Fence, Open is added as a definition which means a fence that
does not restrict or impede vision or sight through the fence
by more than twenty percent.
lot, Flag lot, is added as a definition which means a lot in
the shape of a flag on a pole or similar design. A flag lot
shall have a minimum frontage of thirty (30) feet and a house
place on a flag lot shall have the house facing the street
frontage.
Highway defini tion is changed to mean the entire width
between the boundary lines of every way publicly maintained
when any part is open to the use of the public for vehicular
traffic, with jurisdiction extending to the adjacent property
line, including sidewalks, shoulders, berms, and rights-of-
way not intended for motorized traffic. The term 'streetl
is interchangeable with highway.
Imp act Are a i s c h a n 9 e d t 0 del e t e the 1 a n g u age vJ h i chi n d i cat e d
that the Zoning Ordinance applied to all land in the Impact
Are a rat her t h a n jus t the 1 and 0 v e r ItJ h i c h the C i t Y has
jurisdiction.
SUMMARY OF ORDINANCE 557
PAGE - 4
AMBROSE,
FITZGERALD
& CROOKSTON
Anornoys and
Counsolors
P.O. Box 427
MerIdian, Idaho
83942
Tolephone 888,4461
Ownership is changed to mean the individual, firm,
association, syndicate, partnership or corporation who
is the owner of property.
Professional Offices is changed to mean structures where
those engaged in a profession conduct their business and
activityll.
Walkway is changed to delete the phrase "five (5) feet or
more in width.1I
3. The terms of the Planning and Zoning Commission are
fixed at six (6) years and the requirement that a new Commission
member be added for each additional 5,000 increase in population
is deleted.
4. The City Council and the Planning and Zoning Commission
are given the authority to appoint hearing officers.
5. The Use and Bulk Regulations are amended to reflect that
the variance procedure rather than the conditional use procedure,
will be used for an applicant to obtain use and bulk regulation
changes.
6. There are several changes to more precisely reflect that
Apri 1 2, 1984, is the date from which grandfather rights are
determined rather than the date of enactment of the ordinance or
its amendment.
7. The Agricultural Zone is deleted from the Zoning
Ordinance as an authorized zone.
8. The R-4, Single Family Residential Zone restrictions are
amended to reflect that no uses other than single-family
dwellings, public schools, or planned residential developments
will be allowed in that zone. The Schedule of Use Control is
amended to reflect this change.
9. The Schedule of Use Control is amended to reflect that
Churches are a permitted use in Old Town, that Child Care Centers
are a conditional use in the C-G Zone, that Bars, Alcohol ic
Establishments are a conditional use in Old Town, and that Major
Welding is removed from the Fabricated Metal Products.
10. The Zoning Schedule of Bulk and Coverage Controls, is
amended to remove the A District and its associated requirements,
the I under Districts is changed to I-L, and an asterisk (*) is
added under R-15, Minimum Yard Setback Requirements from road
right-of-way interior side so that the street frontage is
determined on the cul-de-sac lots at the setback 1 ine, and a
footnote (7) is added stating that liOn corner lots in Residential
Districts, the rear set back may be determined on a side of the
structure, at the option of the builder", and a (7) shall be added
under Minimum Yard Set Back Requirements under Rear Set Back in
the R-4, R-8, R-15 and R-40 Districts, and the phrase IIFrom Road
Right-of-Wayll is be deleted from "Minimum Yard Setback Requirement
from Road Right-of-Wayll.
11. Chimneys are added to the list of architectural
SUMMARY OF ORDINANCE 557
PAGE - 5
projections.
12. Several sections are amended or repealed to delete the
requirement that applicants pay the legal, engineering and
publication costs of processing the application and grant a lien
to secure those costs and regarding conditional use permits the
requirements that the applicant state the use does not violate
covenants or deed restrictions and obtain the consent to 75% of
the property owners within ~OO feet, are deleted.
13. The amendment now requires that all multi-storied single
family dwellings have a minimum of 800 square feet of living space
on the ground floor.
14. Two sections of the Zoning Ordinance relating to
accessory buildings and home occupations were repealed since they
were duplicative of existing sections.
15. Drainage plans \'Jere added as a requirement for off-
street parking and the parking space requirement for nursery
schools, day care centers and kindergartens was changed to one
space for every ten children plus one space per staff member.
16. The requirement that a dual request for a zoning
amendment and a development, be processed under the development
approval procedure process was deleted.
17. The requirements to be fulfilled by an applicant for a
zoning change, which also apply to other applications, were
changed so that the applicant still provides the names of property
owners within 300 feet, certifies that the list is correct, and
posts the property with the notice of hearing and certifies that
he so posted the property, but the City performs most of the other
notice requirements, conducts the hearings on the appl ication,
must act on the application \'/ithin a certain time period, and
keeps a record of all proceedings.
18. Removes the ability of a lessee to apply for a
conditional use permit.
19. The fee schedule is repealed and authorizes the City
Council to provide for a fee schedule which all applicants must
pay before the application is accepted and if for some reason the
fee is not paid any approval may be revoked.
20. The fence illustration is amended to change "chain link
fenceu to "open fenceu and to show that a 41 x 41 ground area must
be left open around utility accesses.
Attorneys and
Counselors
SUBDIVISION AND DEVELOPMENT ORDINANCE
21. Several sections are amended or repealed to delete the
requirement that applicants pay the legal, engineering and
publication costs of processing the application and grant a lien
to secure those costs.
22. The number of required copies to be submitted is changed
from 27 to 30 for both preliminary and final plats but the number
of copies of conceptual engineering plans is reduced form 7 to 4.
23. The official to check preliminary plat drawings is
changed from the Zoning Administrator to the City Engineer.
24. The placement of street lights are added to the
requirements of the preliminary plat.
AMBROSE,
FITZGERALD
3. CROOKSTON
P.O. Box 427
Meridian, Idaho
63642
Telephono 686.4461
SUMMARY OF ORDINANCE 557
PAGE - 6
AMBROSE,
FITZGERALD
& CROOKSTO N
Attorneys and
Counselors
P,O, Box 427
Meridian, Idaho
83642
Telephono 868.4461
25. The governing body to approve subdivision covenants and
restrictions is changed from the Planning and Zoning Commission
to the City Council.
26. Additional fence regulations are added which require
that a fence to be constructed on top of a berm or constructed as
a boundary fence shall be shown on the preliminary plat showing
the specifications of the fence.
27. A new section is added to the subdivision requirements
that all waterways, irrigation ditches, laterals or canals,
exclusive of natural waterways, shall be covered and enclosed with
tiling.
28. The owner of the land, and the subdivider thereof, are
made responsible and liable for construction of all of the
improvements shown on the plat or represented to the City as being
included in the development.
29. The fee schedule is repealed and authorizes the City
Council to provide for a fee schedule which all applicants must
pay before the appl ication is accepted.
30. The fence illustration is amended to change Ilchain
1 ink fencell to 1I0pen fencell and to show that a 41 x 41 ground area
must be left open around utility accesses.
The Ordinance is effective upon passage, approval and
publication of this Summary according to law.
The full text of Ordinance 557 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.
ATTORNEY'S 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 above-Summary of Ordinance No. 557, 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.
r-Ih.
DATED this ~ day of 1991.
~
SUMMARY OF ORDINANCE 557
PAGE - 7
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Morld lan, Idaho
63642
Telephone BSS04461
RESOLUTION NO.~J1~
A RESOLUTION OF THE CITY OF MERIDIAN PROVIDING FOR A FEE SCHEDULE
FOR THE ZONING ORDINANCE AND THE SUBDIVISION AND DEVELOPMENT
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Zoning Ordinance and the Subdivision and
Development Ordinance ~'Iere amended on the 1st day of October,
1991, and the amendments provided that the existing fees schedules
be repealed and that new fees be set and adopted by the City
Council pursuant to the Resolution of the City Council.
WHEREAS, it is in the best interest of the City of Meridian
to establish reasonable fees for the processing of applications
for zoning and planning matters and for subdivision and
development matters which reflect, as closely as reasonably
possible, the costs that the City incurs as a result of processing
those applications.
WHEREAS, the fees set forth in the below adopted fee
schedules are based upon past applications and the costs that the
City incurred to process those various types of applications.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
1. That the fees set forth in the schedules adopted below
are reasonable and reflect, as closely as reasonable possible, the
costs of the City to process the various applications.
2.
That the Zoning and Planning Applications Fee Schedule,
as authorized by Section 11-2-422 A. of the Ordinances of the City
FEE RESOLUTION
Page - 1
AMBROSE,
FITZGERALD
& CROOKSTON
Allorneys and
Counselors
P.O, Box 427
MeridIan, Idaho
83642
Telephone 888-4461
of Meridian, is, and shall be, as set forth in Exhibit "AII, which
is attached hereto and incorporated herein by this reference as
if set forth in full herein.
3. That the Subdivision and Development Applications Fee
Schedule, as authorized by Section 11-9-615 A. 1. of the
Ordinances of the City of Meridian, is, and shall be, as set forth
in Exhibit liB", which is attached hereto and incorporated herein
by this reference as if set forth in full herein.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE
CITY OF MERIDIAN, this 15th day of October, 1991.
APPROVED:
ATTEST:
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c.....,...~~___.....
FEE RESOLUTION
Page - 2
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
p,O, Box 427
MeridIan. Idaho
83642
Telophone 888-4461
EXHIBIT "A"
MERIDIAN CITY PLANNING AND ZONING FEES
Annexation, Zoning, Rezone
Less than 1 acre
Over 1 acre
$ 400.00
$ 400.00 + $15 per acre
or portion
thereof
Accessory Use Permit $
Conditional Use Permit $
Variance $
Planned Unit Development
Less th an 1 acre $
Over 1 acre $
80.00
275.00
250.00
400.00
400.00 + $15 per acre
or portion
thereof
Fence Variance
$ 50.00
Appeals (from decisions
of Zoning Administrator,
Planning & Zoning Commission
or City Council
$ 100.00
$1,100.00
Comprehensive Plan Amendment
Vacation of Easements or Roadways $ 225.00
All other Appl ications $ 200.00
*** IN ADDITION TO THE ABOVE FEES THE APPLICANT
SHALL PAY FOR THE COST OF MAILING NOTICES BY
CERTIFIED MAIL, AS REQUIRED BY THE ZONING
ORDINANCE, AT THE RATE OF $ 1.29 PER PERSON TO
WHOM THE NOTICE IS REQUIRED TO BE MAILED.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O, Box 427
Meridian, Idaho
63642
Telephone 888-4461
EXHIBIT uBII
MERIDIAN CITY SUBDIVISION AND DEVELOPMENT FEES
Preliminary Plat
4 lots $ 300.00
Over 4 lots $ 300.00 + 10
per lot
Final Subdivision Plat $ 10.00 per lot
Time Extension on Prel iminary or
Final Plats $ 100.00
Appeals (from all Administration,
Commission or Council decisions) $ 100.00
All other Revierls $ 100.00
*** IN ADDITION TO THE ABOVE FEES THE APPLICANT
SHALL PAY FOR THE COST OF MAILING NOTICES BY
CERTIFIED MAIL, AS REQUIRED BY THE SUBDIVISION
AND DEVELOPMENT, AT THE RATE OF $ 1.29 PER
PERSON TO WHOM THE NOTICE IS REQUIRED TO BE
MAILED.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselor5
P,O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
RESOLUTION NO. /12
A RESOLUTION OF THE CITY OF MERIDIAN ADOPTING A GENERAL EMPLOYEES
NONQUALIFIED DEFERRED COMPENSATION PLAN FOR THE CITY EMPLOYEES
OF THE CITY OF MERIDIAN; NAMING AN INITIAL CONSULTANT AND ADVISOR
FOR THE PLAN; SETTING FORTH THAT THE PLAN SHALL BE MANAGES BY A
GROUP OF TRUSTEES; NAMING AND APPOINTING THE INITIAL TRUSTEES
GROUP AND SETTING FORTH THE TERMS OF OFFICE FOR THE INITIAL
TRUSTEES AND PROVIDING FOR SUCCESSORS; AUTHORIZING THE TRUSTEES
TO SIGN ALL APPLICATIONS AND OTHER PLAN DOCUMENTS AND PAPERS;
AND PROVIDING AN EFFECTIVE DATE.
ItJHEREAS, Internal Revenue Code, Section 457 authorizes and
allows the City of Meridian to set up and establish a nonqualified
deferred compensation plan;
WHEREAS, some of the city employees of the City of Meridian
have requested the City to adopt and implement a plan for deferred
compensation;
WHEREAS, the City has considered the concept of deferred
compensation and has looked into a couple of programs for a
deferred compensation plan;
WHEREAS, it is in the best interests of the city employees
to have a deferred compensation plan available to them;
WHEREAS, Shearson Lehman Brothers has presented a proposal
to the City of Meridian for a nonqualified deferred compensation
plan; and
WHEREAS, there are applications and documents to be executed
to implement the plan and there is a need to appoint a Trustees
group to assist with the deferred compensation plan and
RESOLUTION ADOPTING DEFERRED COMPENSATION PLAN
Page - 1
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P,O, Box 427
Morld lan, Idaho
83642
Telephone 888-4461
in ves tmen t.
NOH, THEREFORE~ BE IT RESOLVED BY THE r~AYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
SECTION 1.
That the City of Meridian hereby adopts that
particular deferred compensation plan, attached hereto as Exhibit
"A" and by this reference incorporated herein as if set forth in
full herein, known as the GENERAL EMPLOYEES NONQUAlIFIED DEFERRED
COMPENSATION PLAN OF THE CITY OF MERIDIAN~ as the deferred
compensation plan for the city employees of the City of Meridian;
said plan shall herein after be referred to as the IIPLANII.
SECTION 2.
That Shearson Lehman Brothers~ investment firm
is hereby named as the initial advisor and consultant of the Plan;
that the Trustees Group may change advisors and consultants for
the Plan as the Trustees Group deems appropriate.
SECTION 3.
That the Plan shall be managed by a Trustees
Group which shall be made up of city elected officials and/or
employees.
SECTION 4.
That the initial Trustees Group shall consist
of Grant P. Kingsford, Jack Niemann, Janice Gass, and Earl Ward;
that Grant P. Kingsford shall serve a term of four (4) years; that
Jack Niemann shall serve a term of three (3) years; that Janice
Gass shall serve a term of two (2) years; that Earl Hard shall
serve a term of one (1) year; that upon the termination of the
term of each Trustee above name the Mayor shall appoint a
successor to that Trustees term and which successor shall be
RESOLUTION ADOPTING DEFERRED COMPENSATION PLAN
Page - 2
AMBROSE,
FITZG ERALD
& CROOKSTON
Attorneys and
Counselors
P,O. Box 427
Meridian, Idaho
83642
Telephono 888-4461
approved by the City Council; that the Trustees shall serve at the
pleasure of the Mayor and City Council and may be removed without
cause by the City Council and upon removal the Mayor shall appoint
a successor who shall be confirmed by the City Council and the
successor shall serve the unexpired term of his predecessor
SECTION 5. That the Trustees Group is hereby authorized
to sign all appl icati ons and other documents pertaining to the
Plan, including, but not limited to an application for the
American Funds Group; that a majority of the Trustees must sign
all documents, applications and other papers.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE
CITY OF MERIDIAN, this 15th day of October, 1991.
APPROVED:
~~-K~~R----
ATTEST:
, I
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l " /
, C fT I( CL Efn("----
RESOLUTION ADOPTING DEFERRED COMPENSATION PLAN
Page - 3
AMBROSE,
FITZGERALD
& CROOKSTO N
Attorneys and
Counselors
P,O, Bo. 427
Merldlan,ldeho
63642
Telephono 688.4461
EXHIBIT "A"
GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN
WHEREAS, The City of Meridian desires to provide a Section
457 plan for general employees deferred compensation.
WHEREAS, The general employees deferred compensation Plan
Trustee Group recommends the following deferred compensation plan
in order to comply with the Internal Revenue Code to meet certain
trustee objectives.
Now, therefore, by executing this agreement, the City of
Meridian ("Employerll) agrees to do the following:
1. COMPENSATION DEFERRAL
A. Monthly Deferral. Employer shall credit on its records
to a book reserve (herein called Deferred Compensation
Account) for the Participants monthly contribution to the
plan. This contribution shall be included as part of the
employees assets.
The minimum amount of compensation which may be deferred in
anyone pay period is TWENTY-FIVE and NO/I00 DOLLARS
($25.00) .
B. Timing and Changes. Compensation will be deferred for
any calendar month only if an agreement providing for such
deferral has been entered into before the 20th of such month
and provided the Employee has met all probationary
requirements. with respect to unearned income, the amount
to be deferred may increase or decrease, by completion of a
revised deferred compensation agreement form. However, such
deferral of income shall be subject to maximum and minimum
limitations herein and shall become effective for the
calendar months beginning after the date of execution of the
revised agreement.
A Participant may terminate any and all deferred compensation
agreements previously executed by an agreement in writing
signed by Participant and Employer. However such termination
only operates prospectively and does not affect amounts
previously credited to the Deferred Compensation Account
which remain subj ect to the provisions of the terminated
agreement.
C. Maximum DeferraL Except as may be permitted in
Paragraph I.D. below, based upon the Employee's income the
maximum amount of compensation which may be deferred under
the plan for a taxable year shall not exceed the lesser of
1. SEVEN THOUSAND FIVE HUNDRED and NO/IOO DOLLARS
GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN
PAGE - I
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
p,O, Box 427
Meridian, Idaho
63642
Telephone 686,4461
I!
($7,500.00); or
2. THIRTY-THREE PERCENT (33%) of the Participant's
includible compensation.
The term "includible compensation" means compensation
for service performed for the Employer which (taking
into account the provisions of Section 457 and 403 (b)
of the Internal Revenue Code) is currently includible
in gross income. Includible compensation for a taxable
year only includes Employer compensation attributable
to services performed for the Employer and includible
in Participant's base annual compensation for the
taxable year.
D. Limited Catch-Up Clause. For any of the Participant's
last three taxable years ending before the Participant
attains normal retirement age, the Plan ceiling set
forth in Paragraph 1. C., herein above shall be the
lesser of
1. FIFTEEN THOUSAND and NO/I00 DOLLARS ($15,000,00)
reduced by any annual amount excludible from the
Participant's gross income for the taxable year
under Section 403 (b) on account of contributions
made by the Employer; or
2. The sum of
(a) The plan ceiling established for purpose of
Paragraph 1. C. for the taxable year (determined
without regard to this paragraph), plus
(b) So much of the plan ceiling established for
purposes 0 f Paragraph 1. C. for taxable years bef '17e
the taxable year as has not therefore been Ui
under Paragraph 1.C. or this Paragraph 1.D.
The limited catch-up provision in Paragraph 1. D. }
restricted to: 1) use only once, 2) whether or not i
has been utilized in less than all three taxable year.
ending before the Participant attains normal retirement
age, and 3) whether or not the Participant or former
Participant rejoins the plan or participates in another
eligible plan after retirement.
E. Normal Retirement Age. Normal retirement age is the
earliest age at which the Participant can retire under the
existing retirement plan without a reduction in benefits.
If a Participant continues to work beyond this age, normal
retirement age shall be the age designated by the Participant
GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN
PAGE - 2
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan,ldaho
63642
Telaphone 688.4461
but not later than the mandatory age stated in the existing
retirement plan or the date the Participant separates from
Employer's service. If no age is stated, sixty-fir (65) is
the assumed normal retirement age.
Normal retirement age for this plan is sixty-five (65) for
a combination of age plus service equal to ninety (90).
Benefits will commence no later than the close of the tax
year in which the Participant at~ains age seventy and one-
half (70 1/2).
F. INVESTMENT. The employer through the
trustees is authorized to invest in such bonds,
debentures, mortgages, preferred or common stock,
funds and cash equivalents as deemed advisable
trustees.
Plans
notes,
mutual
by the
It is understood that said investment will be managed
by a professional money manager.
All dividends, earnings and other distributions of the
Deferred Compensation Account will be reinvested on
behalf of the Participant.
2. AVAILABILITY OF FUNDS.
In no event shall the amount payable under the Deferred
Compensation Agreement be made available to the Participant
or other beneficiaries earlier than when the Participant is
separated from service with the employer or is faced with an
unforeseeable emergency.
A. SEPARATION OF SERVICE. Separation from service
occurs when Participant is separated from the service
within the meaning of Section 402(e) (4) (A) (iii) of the
Internal Revenue Code, relating to lump sum
distributions; and on account of the Participant I s death
or retirement. In the event the Participant is
separated from service with the Employer, the Employer
shall direct the Depository to pay Participant an amount
as specified in the Settlement Option. Any alteration
of the payment commencement date on the Settlement
Option must be executed prior to separation or within
60 days of separation of service. If payment
commencement date is not elected prior to separation of
service or within 60 days after separation of service,
payments shall commence 60 days after separation of
service.
If the Settlement Option is not signed, selecting method
GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN
PAGE - 3
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys end
Counselors
P,O, Box 427
Meridian, Idaho
63642
Telephone 688-4461
I!
of payments, prior to the payment commencement date,
Employer shall make payment to Participant in accordance
with Paragraph 3.B.l.(b)l.a.2. 15 year period. This
method is an annual amount equal to one-fifteenth of the
value of the Deferred Compensation Account in fifteen
annual payments, adjusted annually for any increases or
decreases in the value of said account. Such annual
amount is to be paid annually, semi-annually, quarterly
or monthly, as long as annual minimum is met.
B. UNFORESEEABLE EMERGENCY. Unforeseeable emergency
is defined as severe financial hardship to participate
resulting from sudden and unexpected illness or accident
of the Participant or of a dependent of the Participant,
loss of Participant's property due to casualty, or
similar extraordinary and unforeseeable circumstances
arising as a result of events beyond the control of the
Participant.
The circumstances constituting an unforeseeable
emergency depend upon the facts of each case, but,
payment may not be made to the extent that such hardship
is or may be relieved:
l. Through reimbursement or compensation by
insurance or otherwise.
2. By liquidation of Participant's assets
to the extent that liquidation would not
itself cause severe financial hardship.
3. By cessation of deferrals under the Plan.
3. DISTRIBUTION OF DEFERRED COMPENSATION ACCOUNT.
A. COMMENCEMENT DATE. Payments of amounts deferred
commence no later than 60 days after close of the plan
in which separation occurs or 60 days after close of
year in which the Participant attains (or would
attained) normal retirement age, whichever comes last.
...
plan
have
B. BENEFITS OF RETIREMENT. The pay-out option
designated by a Participant may be subsequently modified
by the Participant before distribution begins. Should
the Participant die at any time after Retirement,
whether prior to or after he has begun to receive the
Retirement payment(s) provided by Article 3.B.l., his
designated Beneficiary or Beneficiaries shall be
enti tIed to receive the balance remaining of such
payment (s). If no Beneficiary is designated as provided
in Paragraph 2. of this Plan, or if the designated
GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN
PAGE - 4
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Cou nselors
p,O, Box 427
Merld lan, Idaho
63642
Telephone 886-4461
Beneficiary does not survive the period during which
such payment(s) are to be made, then the executors or
administrators of the Participant shall receive the
lump-sum amount equal to the remaining account balance.
1. Minimum Distribution. A plan meets the minimum
distribution requirements of this paragraph if such plan
meets the requirements of sub paragraphs (a) and (b) and
(c) :
(a) Application of Section 401 (a) (9) - A plan meets the
requirements of this subparagraph if the plan meets
the requirements of Section 401(a) (9).
(b) Addi tional distribution Requirements - A plan meets
the requirements of this subparagraph if -
a. 1. lump sum distribution is paid.
2. monthly, quarterly, semiannual or
annually over a 1) 5 year; 2) 10 year;
3) 15 year period, as long as at least
2/3 of the total amount payable with
respect to the participant will be paid
during the life expectancy of such
participant (determined as of the
commencement of the distribution), and
b. any amount not distributed to the participant
during his life will be distributed after the
death of the participant at least as rapidly
as under the method of distributions being
used under subclause a. as of the date of his
death.
(c) Nonincreasing Benefits. A plan meets the
requirements of the subparagraph if any
distribution payable for a period of more than 1
year can only be made in substantially
nonincreasing amounts (paid not less frequently
than annually) .
c. BENEFITS ON TERMINATION OF SERVICES OR DEATH PRIOR TO
RETIREMENT. In the event the Participant terminates his
services for reasons other than Retirement, the Participant
may choose to receive the balance available under one of the
following forms:
1.
The Employer shall pay the Participant an amount
equal to that which 1;vould be available in the
Deferred Compensation Account Balance in a lump sum
GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN
PAGE - 5
AMBROSE,
FITZGERALO
& CROOKSTON
AlIofneY$ and
Counselors
P,O, Box 427
Meridian, Idaho
83642
Telephone 888-4461
distribution.
2. The Employer shall pay the Participant an amount
equal to that which would be available in the
Deferred Compensation Account Balance, such
payments to begin on the first day of the month
next following the date of termination, and
continuing for a period of sixty (60) consecutive
months.
3. The Employer shall transfer to any Code Section 457
deferred compensation plan the amounts previously
deferred on behalf of the Participant.
4. The amount available in the Participant's Deferred
Compensation Account Balance at the time of
termination shall abe deferred until such date not
later than the Participant's 65th birth date when
the Participant shall retire from full-time
employment, at which time the balance shall be
disbursed to the Participant in equal payments
which shall continue for a period of sixty (60)
consecutive months.
The employer, in its sole discretion, may defer or accelerate
the beginning of payments to a date not to extend beyond the
Participant's 65th birthday, and/or make payment in a lump-
sum or in installments over some period other than sixty (60)
months except that once any installment payments have begun
the trustees may not thereafter alter the method of
settlement.
D. EVENT OF DEATH OF PARTICIPANT. In the event of the
death of Participant, Employer shall direct Depository to pay
Participant's revocably designated beneficiary the value of
Deferred Compensation Account as specified on the Designation
of Beneficiary Form, over:
1. Life of beneficiary (or any shorter period) if the
beneficiary is the Participant's surviving spouse,
or
2.
A period not
beneficiary is
spouse.
in excess of 15 years, if the
not the participant's surviving
In the event of death of Participant, and in the
event Participant has not filed Designation of
Beneficiary, Employer shall direct the Depository
to liquida te and pay the en tire De ferred
GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN
PAGE - 6
AMaROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P,O. Box 427
Meridian, Idaho
63642
Telephone 886.4461
Compensation Account to Participant's estate.
E. HARDSHIP WITHDRAWAL. In the event of the approval of
a hardship withdra\'1al, Employer shall direct Depositary to
pay the participant the value of the Deferred
Compensation Account as of the last valuation date
(September 30, xx and March 31, xx) plus contributions made
since the last valuation date plus interest at a rate of five
percent (5%) per annum from the date of last valuation and
the contribution date(s) to the anticipated payment date.
4. PLAN TO PLAN TRANSFERS.
The amount in a Deferred Compensation Account of a former
Participant, shall be transferred to another eligible plan
of which the former participant has become a Participant, if
the following conditions are met:
A. The new plan provides for acceptance of such amounts,
and
B. The old plan provides for such transfer if the
Participant separates from service with the Employer in order
to accept employment with another eligible entity.
This Plan accepts amounts of compensation deferred by
Participant pursuant to another eligible deferred
compensation plan as stated in the prior paragraph.
5. RIGHTS OF EMPLOYER/PARTICIPANT.
All amounts of compensation deferred under this Agreement,
all property and rights purchased with such amounts, and all
income attributable to such amounts, property, or rights,
shall remain (until made available to the Participant or
other beneficiary) solely the property and rights of the
Employer (without being restricted to the provision of
benefits under this Plan executed thereunder) subject only
to the claims of the Employer's general creditors.
The value of the Deferred Compensation Account represents the
unsecured obligation of Employer to Participant. wi th
respect to such obligations the Participant shall be an
unsecured general creditor. The employer and participant
agree that no trust fund is intended or created.
Participant may not anticipate or assign any of the rights
he or she may have under the Deferred Compensation Agreement
and Employer shall reject and refuse to honor any
anticipation or assignment of such rights.
GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN
PAGE - 7
AMBROSE,
FITZGERALD
& CROOKSTON
Anorneys and
Counsslors
P,O. Box 427
Meridian, Idaho
83642
TelephonEl888-4461
'I
6. LEAVE OF ABSENCE.
If a Participant is on an approved leave of absence from the
Employer with compensation, or on an approved leave of
absence without compensation, his participation in this Plan
will continue.
7.
DISTRIBUTION OF FUNDS.
Administration of the plan requires
participant balances twice each year as
September 30.
accounting for
of March 31 and
In order to facilitate distribution of funds as allowed by
the plan the following procedure will be used. If funds are
to be distributed at a date other than March 31 or September
30 the participant will receive as an interim distribution
the balance in the participants account as of the previous
accounting date. The participant will receive a final
distribution based upon the next accounting period which will
include the employee contribution since the account balance
used for the interim distribution and the related plan
earnings or losses for the same period.
An example would be as follows:
Participant terminates as of June 30, 19X1.
a) Interim distribution of the participant account
balance as of March 31, 19X1.
b) A final distribution of the participant account
balance as of September 30, 19X1. Balance would
represent employee contribution after March 31,
19X1 plus net plan earnings or losses from March
31, 19X1 to June 30, 19X1.
For the convenience and benefit of the participants, the
participants have been allowed to make lump sum
contributions into the plan based upon anticipated base
annual earnings.
8.
NONASSIGNABILITY.
A. In general: Except as provided in Section 8. B., no
participant shall have any right to commute, sell, assign,
pledge, transfer or otherwise conveyor encumber the right
to receive any payments hereunder, which payments and rights
are expressly declared to be non-assignable and non-
transferable.
GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN
PAGE - 8
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P,O. Box 427
Meridian, Idaho
83642
Telephone 668-4461
B. Domestic Relations Order:
1. Allowance of Transfers: To the extent required
under a final judgment, decree, or order (including
approval of a property settlement agreement) made
pursuant to a state domestic relations law, any portion
of the Participant's Account may be paid or set aside
for payment to a spouse, former spouse, or child of the
Participant. Where necessary to carry out the terms of
such an order, a separate Account shall be established
with respect to the spouse, former spouse, or child who
shall be entitled to make investment selections ~'i'ith
respect thereto in the same manner as the Participant;
any amount so set aside for a spouse, former spouse, or
child shall be paid out in a limp sum at the earliest
dates that the benefits may be paid to the Participant,
unless the order directs a different time or form of
payment. Nothing in this Section shall be construed
to authorize any amount to be distributed under the Plan
at a time or in a form that is not permitted under
Section 457 of the Internal REvenue Code. Any payment
made to a person other than the Participant pursuant to
this section shall be reduced by required income tax
withholding; the fact that payment is made to a person
other than the Participant may not prevent such payment
from being includible in the gross income of the
Participant for withholding and income tax reporting
purpose s.
2. Release of Liability to Participant: The
Employer's liability to pay benefits to a Participant
shall be reduced to the extent that amounts have been
paid or set aside for payments to a spouse, former
spouse, or child pursuant to Paragraph 1 of this
Section. No such transfer shall be effectuated unless
the Employer or Administrator has been provided ~'i'i th
satisfactory evidence that the Employer and the
Administrator are released from any further claim by the
Participant with respect to such amounts. The
Participant shall be deemed to have released the
Employer and Administrator from any claim with respect
to such amounts, in any case in which
a. the Employer or Administrator has been served with
legal process or otherwise joined in a proceeding
relating to such transfer,
b.
the Participant has been notified of the pendency
of such proceeding in the manner .prescribed by law
of Idaho for service of process in such action or
GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN
PAGE - 9
AMBROSE.
FITZGERALD
& CROOKSTON
Attorneys and
Counsslors
P,O, Box 427
Meridian, Idsho
83642
Telephon& 888-4461
I!
by mail from the employer or Administrator to the
Participant's last known mailing address, and
c. the Participant fails to obtain an order of the
court in the proceedings relieving the Employer or
Administrator from the obligation to comply with
the judgment, decree. or order.
3. Participation in Legal Proceedings: The Employer
and Administrator shall not be obligated to defend
against or set aside any judgment, decree, or order
described in paragraph (a) or any legal order relating
to the garnishment of the Participant's benefits, unless
the full expense of such legal action is bone by the
Participant. In the event that the Participant's action
(or inaction) nonetheless causes the Employer of
Administrator to incur such expense, the amount of the
expense may be charged against the Participant's Account
and thereby reduce the Employer's obligation to pay
benefits to the Participant. In the course of any
proceeding relating to divorce, separation or child
support, the Employer and Administrator shall be
authorized to disclose information relating to the
Participant's Account to the Participant's spouse,
former spouse, or child (including the legal
representative of the spouse, former spouse, or child) ,
or to a court.
9. AMENDMENT OR TERMINATION OF PLAN.
The Employer may at any time terminate this Plan. Upon
termination, the Participants in the Plan will be deemed
have withdrawn from the Plan as of the date of such
termination. The participant's full compensation on a
deferred basis will thereupon be restored and the committee
treat such Participants as if they had terminated their
services on the date of the termination and direct the
Employer to pay such benefit or benefits provided in Section
S11Ch
t 0
non-
shall
3C.
10. The Depository is not a party to the deferred compensation
agreement.
11. In the event the terms of this Plan shall be in conflict with
Section 457 of the Internal Revenue Code or the regulations
thereunder, as amended, Employer and Participant agree to
cooperate in correcting same so as to be in compliance
therewith.
12. This Deferred Compensation Plan shall be binding upon the
assigns and successors of Employer and upon the legal
representatives of Participant.
GENERAL EMPLOYEES NON QUALIFIED DEFERRED COMPENSATION PLAN
PAGE - 10
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P,O. Box 427
MeridIan, Idaho
83642
Telephone 688-4461
II
, i
13. This Plan shall be construed under the laws of the State of
Idaho. IN WITNESS WHEREOF, the parties have set their hands
and seals on the date shown below.
14. This Plan shall be in full force and effect on October 15,
1991.
CITY OF MERIDIAN CITY ("EMPLOYER")
GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN
PAGE - 11
AMBROSE,
FITZGERALD
& CROOKSTO N
Attorneys and
Counselors
p,O, Box 427
Meridian, Idaho
83642
Telephone 888-4461
EXHIBIT IIBII
GENERAL EMPLOYEES NONQUALIFIED DEFERRED COMPENSATION PLAN
TRUSTEE DUTIES AND RESPONSIBILITIES
WHEREAS, the City of Meridian, by City Council Action, has
adopted an employees nonqualified deferred Compensation plan, the
following described Committee is established with the duties and
responsibilities described below:
1. There shall be established a General Employees
Nonqualified Compensation Plan Trustee Group (Trustee Group) which
shall be charged with the responsibility of administration of said
deferred compensation plan.
The duties, responsibilities and
powers of the TRUSTEE GROUP shall be delineated by this document
and no amendment shall be effective unless memorialized in an
addendum equal force to this document.
2. The TRUSTEE GROUP shall be initially composed of Grant
P. Kings ford, Jack Niemann, Janice Gass, and Earl Ward. The
qualifications to be Trustee and the terms of office of the
Trustees Group and their mode of succession has been set forth in
the resolution of the City Council to which this document has been
attached. All decisions of the TRUSTEE GROUP shall be by majority
vote and shall be binding on the TRUSTEE GROUP.
3. A TRUSTEE GROUP has been established by action of the
City Council, however, by agreement, the Trustee Group may select
an investment manager by the competitive Request for Proposal
process.
The investment manager shall be given, by the TRUSTEE
TRUSTEE DUTIES AND RESPONSIBILITIES - PAGE 1
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys end
Counselors
P.O, Box 427
Meridian, Idaho
83642
Telephone 888-4461
GROUP, direction and investment guidelines sufficient to establish
an investment portfolio goal.
4. The TRUSTEE GROUP shall meet at least twice yearly, once
in the three months period form October to December of each year,
and again during the period April to June of each year 0 Any
member of the TRUSTEE GROUP may call a special meeting upon notice
to other members. Such notice must be made within a reasonable
period prior to the meeting.
50 The TRUSTEE GROUP shall meet to consider, but not
limited to, the following:
(A) Review the deferred compensation plan every two (2)
years, to determine the feasibility of adjusting the plan to
include alternative funding vehicles and pooling arrangements
which are available and economically prudent.
(B) Develop performance criteria for the evaluation of the
investment manager. The investment manager may be terminated by
the TRUSTEE GROUP for failure to fulfill the reasonable
expectations of the TRUSTEE GROUP as measured against the
performance criteria developed by the TRUSTEE GROUP.
(C) Review the performance of the investment manager at
least annually. Such review shall contemplate the performance of
the investment manager as measured against the investment
guidelines described in Paragraph 3 and anticipated performance
criteria to be established by the TRUSTEE GROUP.
(D) Establish hardship guidelines consistent with the intent
of the General Employees Nonqualified Deferred Compensation Plan
TRUSTEE DUTIES AND RESPONSIBILITIES - PAGE 2
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P,O, Box 427
Meridian, Idaho
83642
Telephono 8S6.4461
and applicable Internal Revenue Service guidelines. The TRUSTEE
GROUP shall review all hardship requests for the withdrawal of
funds
the
Employees
Nonqualified
Deferred
from
General
Compensation Plan in accordance with guidelines to be established
by the TRUSTEE GROUP.
(E) Periodically review and amend the plan document as
necessary or desired to meet IRS guidelines and program
objectives.
6. The TRUSTEE GROUP shall prepare an annual performance
report for presentation to the employees and the City.
Such
report shall state the performance of the fund and the achievement
of its stated objectives.
DATED this~btiJ day of (Zl& fi::J h Cr~
, 1991.
CITY OF MERIDIAN
-btanlf1G{1I-
ATTEST:
TRUSTEE DUTIES AND RESPONSIBILITIES - PAGE 3
AMBROSE,
FITZGERALD
& CROOKSTON
Allorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone88S-4481
RESOLUTION NO.Li'
A RESOLUTION OF THE CITY OF MERIDIAN IN SUPPORT OF THE
ESTABLISHMENT OF A GENERAL PURPOSE FOREIGN TRADE ZONE, REMOTE SITE
FOREIGN TRADE ZONE, OR A SPECIAL PURPOSE FOREIGN TRADE SUBZONE
WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY OF
MERIDIAN AN OPERATORS AGREEMENT WITH INTERNATIONAL TRADE SERVICES,
INC. SIMILAR TO ONE PRESENTED TO THE CITY BY INTERNATIONAL TRADE
SERVICES, INC.; NAMING AN OPERATOR OF THE ZONE; ENDORSING TREASURE
VALLEY BUSINESS CENTER AS A FOREIGN TRADE ZONE SITE;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 establ ish, operate and maintain foreign
trade zones or subzones 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 qual ified to apply for a foreign trade zone,
remote site foreign trade zone, or a special purpose foreign trade
subzone, since it is since it is adjacent to a port of entry;
ItJHEREAS, the development of a foreign trade foreign trade
zone, remote site foreign trade zone, 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
RESOLUTION IN SUPPORT OF FOREIGN TRADE ZONE
Page - 1
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4461
corporation, has made a proposal to the City of Meridian for the
development~ operation and maintenance of such a zone that is
represented by the draft of the FOREIGN TRADE ZONE OPERATION
AGREEMENT marked Exhibit "A" and attached hereto;
ItJHEREAS~ 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 IIB"~ has authorized the Treasure Valley Business Center
to be included in a foreign trade foreign trade zone, remote site
foreign trade zone, or a special purpose foreign trade subzone
site; 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 establ ish, operate and maintain a
foreign trade zone, remote site foreign trade zone, or a special
purpose foreign trade subzone.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
SECTION 1.
The development of a foreign trade zone,
remote site foreign trade zone, or a special purpose foreign trade
RESOLUTION IN SUPPORT OF FOREIGN TRADE ZONE
Page - 2
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
MerIdian, Ideho
63942
Telephone 888-4461
subzone within the corporate limits of the City of Meridian has
the full support of the Mayor and City Council of the City of
Meridian.
SECTION 2.
That International Trade Services, Inc., has
presented to the City a draft of a proposed Agreement, a copy of
which is attached hereto, which is similar to an Agreement between
the City of Boise and International Trade Services, Inc., and
under which proposed agreement International Trade Services, Inc.,
is named Operator of any foreign trade foreign trade zone, remote
site foreign trade zone, or a special purpose foreign trade
subzone that the City may be able to achieve; that the Mayor and
City Clerk are hereby authorized to execute an agreement similar
in content and form that has been approved by the City Attorney.
SECTION 3.
That upon an acceptable operatorls agreement
being entered into between International Trade Services, Inc.,
and the City of Meridian,
International Trade Services, Inc.,
will be hereby named Operator of any foreign trade zone, be it a
general purpose foreign trade zone, remote site foreign trade
zone, or a special purpose foreign trade subzone.
SECTION 4.
That all officers and employees of the City
of Meridian are hereby authorized and directed to cooperate in
all reasonable and legal ways with International Trade Services,
Inc., in the necessary documentation to accompany an application
for a general purpose foreign trade zone, remote site foreign
trade zone, or a special purpose foreign trade subzone.
RESOLUTION IN SUPPORT OF FOREIGN TRADE ZONE
Page - 3
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and /
Counselors (
P.O. Box 427 \
Meridian, Idaho ""
63642
Telephone 688-4461
[!
SECTION 5.
That the site proposed by International Trade
Services, Inc., for the location of a general purpose foreign
trade zone, remote site foreign trade zone, or a special purpose
foreign trade subzone of Treasure Valley Business Center is hereby
endorsed, however all zoning and development ordinances must be
met and complied with unless variances or exceptions are appl ied
for and those matters will be addressed in the regular course of
City business as they are applied for.
SECTION 6.
That upon reaching an acceptable operator's
Agreement similar to the one attached hereto and that agreement
being executed by the City and International Trade Services, Inc.,
the City is hereby authorized to apply for a general purpose
foreign trade zone, remote site foreign trade zone, or a special
purpose foreign trade subzone, and the Mayor and City Clerk are
hereby authorized to sign all applications and documents
pertaining thereto.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE
CITY OF MERIDIAN, this 15th day of October, 1991.
APPROVED:
r:~Kf~~--
ATTEST:
CTTY CL E RK
SUPPORT OF FOREIGN TRADE ZONE
E~ hl.t.-J. ./ it f~
~
FOR E I G N - T R f\ 0 E l 0 N E {) P E H 1\ r ION 1\ G IH EM EN T
T his a 9 t. e e III e n ten tel'(' dill I 0 h y and bet wee n t It e City 0 f
Mer i d i ant 6 f1l un i C 1 pal cor pOI' il t ion 0'1' 9 (\ nil ~ d an rl f'){ i s till gun d P. I' the
. 'II'
1 a,\'is 0 f . the S tat e 0 f
I d a h 0, . h f' t' e i n aft e r
"GRANTEEII,
{Il1d
I nl ern a t ion a 1
It,
TraM~ Services,
1 n c .
(1ITS"),
a cot'poration
o r 9 ani zed un del' the 1 a w s () f t 11 p S 1- i'\ ,. P 0 f I d a h () , h e t' e i n aft e I'
II 0 p e " il t 0 I'" :
WIN ( " <; I I II
WHEHEflS, GRflN1EE Shilll ilpply rOl' " qt;1I1I fl'otl\ IlIp ljn\l:r>d
St~~tes F1d\'eigrl.-Tt'ad'e Zones f30ilrd 1.0 estilbliSh, opet'<1te, i)nd
m a ; n t a i n a' For ei g n T t' ad e Z 0 11 e i 11 t h p C i t y 0 f Mer i d i an, sue h 7. 0 n e
bein'g d'es'i'gnated Foreign Trade Zonp. Nl1rnbel'
an d
W HER E AS, 0 pet' a tot', u n d e r tile t e r m san tl con d i t ion she t' e ins e t
for t h. des ire s t 0 U n d e t' t a k e the f u t' t h P t' de v P. lop men tan d e x c 1 u s i v e
ope rat ion an cl 111 a II age 111 e n 1. 0 f F 0 \' e \ q TI - T t' a d r. l 0 n e act i v i tie S 0 f the
Zone herein described in accordance with standards of operation
.\
app~r"oved b'y 'the Foreign-Trade ZOllf'S Board and GIH\NTEEt including
tho~e related to occup~ncy and use.
N OW , THE REF 0 R E ,. i fl con si de t' a t j 0 n 0 f the Y" e c ita 1 5 and
undertakings hereinabove and hereinbelow set foy,th, it is mutually
covenanted and agreed by and betwp.rl1 thE' l1ilrl;es ilS follows:
Section 1.
DEFINITIONS:
, ,
,The following.wonls shall have the following meilnings when
ose'dl in t:'hi'$ Agreement:.
( a ) Th e n A. c t II S hall mea nth P. f 0 \'f~ i q n - T Y' 0 d P. Z (] n e <; ^ c t 0 f J \J n e
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE THANsrORTI\rl0N INC. - 1
18, 1934 (48 Stat. -998-1003; 19 use 81a-81u, as amended).
( b ) The II Boa r d II S h all mea tl the boa r d t' e fer red t 0 inS e c t ion
15 CFR 400.103 of the Trade Zone Regulations or the successor of
such Board in functions and duties.
(c) IIEarned Income" shall mean that income determined in
accordance with generally accepted accounting principles.
Cd) "Foreign-Trade Zonell (hereinafter referred to as "FTZ")
shall mean all isolated and enclosed area, operated as a public
utility, in or adjacent to a port of entry, (i) furnished with
facilit"ies
for
t' e c e i v i n 9 ,
unloading,
handl ing,
storing,
manipulating, manufacturing and exhibi ting goods and for loading
and reshipping them by land, water or air, and, (ii) in which any
foreign or domestic merchandise, except such as is specifically
prohibited by law or by action of the Board or the GRANTEE, may
be brought into the FTZ without being subject to the customs laws
of the United States governing the entry of goods or the payment
of duty thereon.
(e) IIFTZ" No.
" shall mean the Foreign-Trade Zone (Zone)
authorized by the Board within the City of Meridian and any remote
site or subzone established or operated under authority of the
grant.
(f) The
IIRegulationsll
shall
mean
collectively
the
regulations relating to Foreign-Trade Zones currently published
in the Code of Federal Regulations, 19 CFR 146, 15 CFR 400,
et.seq.) as such regulations may be amended in the future, and
shall also mean any additional regulations which now or in the
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 2
c
.,
future. may be promulgated by any governmental agency or entity
( fed era 1 ~ s tat e 0 r 1 0 c a 1) w h i c h con c ern ~ Y" e 1 ate too Y' a p ply i n any
way to the Foreign-Trade Zone~ as hereinafter defined.
( g) . ;11 U S C S II S h all mea nth e U nit e d S tat e s C u s t 0 In sSe Y" v ice .
(h) "0peratorU shall mean the Operator~ its employees and
entities and individuals authorized by the Operator to perform
services within the Zone.
(i) "Zonell shall mean such premises as shall be or become
i n c 1 u d e din t. h e 9 Y" ant an d are 0 per a I: P. rl and In a i 11 t ai 11 e cI by the
Operator as part of FTZ NO. with approval of the GRANTEE under
this Agreement.
Section 2.
GRANT OF AUTHORITY:
GRANTEE does hereby
9 ran t ~ 5 U b j e c t t 0 all the t e r In s, c 0 v e n ant san d con d i t ion sse t
forth in this Agreement and to the provisions~ conditions and
restrictions of the Act and to any other applicable law~
permission to the Operator to operate and maintain a FTZ effective
for a term described specifically in Section 3 of th~s Agreement.
Section 3.
EFFECTIVE DATE AND DURATION OF AGREEMENT:
(a) The parties expy'essly covenant that, subject to the
provisions and instructions of Idaho State constitutional and
statutory law~ this agreement shall extend for a period of five
(5) years from the effective date hereoft unless sooner terminated
as provided herein. The effective date of this Agreement shall
be the day of , 19
(b) This Agreement may be extendedt upon the sole d'iscretion
of GRANTEEt for additional periods~ on terms and conditions to be
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 3
m u t u all y a 9 r e e d u p 0 n b y the par' tie s not 1 ate r t h ann i net y (9 0 )
days prior to the scheduled expiration of the initial five (5)
year period. In the event the parties have not reached agreement
on a successive term, as specified herein, this Agreement shall
expire' at 12:00 Midnight on the day specified herein, and each
party shall release and discharge the other from all obligations,
liabilities, rights of renewal or privileges granted in this
Agreement, except for those revenues earned by or liabilities or
o b 1 i gat ion S 0 fOp era tor w h i c h h a v e bee 0 In e pay a b 1 e a c 0' u e d p r i 0 I"
tot he ex p i r a ti on 0 f the A 9 r' e e In e n tan d h a v e not be e n f u 1 1 y
satisfied during the Agreement term.
(c) The GRANTEE shall have the right to terminate this
Agreement at any time upon ninety (90) days' notice to the
Operator.
GRANTEE'S right to terminate this shall not be
exercised arbitrarily or capriciously.
Termination shall not
relieve the Operator of any liabilities or obligations which shall
have accrued or limit Operator's right to revenues earned on or
prior to the effective date of termination and have not been fully
satisfied prior to the effective date of termination.
Cd) It is the intent of the GRANTEE that negotiations for
any subsequent term of this agreement shall include, but shall not
be limited to, revenue distribution, term, exclusivity and any
other term to be negotiated by the parties.
Section 4.
DUTIES OF THE OPERATOR:
(a) Operator shall be responsible for the timely preparation
and submission of all reports and other documents that are or may
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 4
b e r.e qui red ,b y the Boa r d, and any 0 the r fed era 1, s tat e , 1 0 c a 1
agency, and GRANTEE.
All r e cor d s 0 fOp e t' a tOt' S h all b eke p t
consisteit with all requirements of the Board, the USCS, any other
rel.~vant agency, and GRANTEE. Opet'ator shall operate the FTZ at
all times in the manner of an Idaho public utility. All rates,
charges, or user fees for all services or privileges within the
FTZ shall be fair and reasonable and subject to the prior approval
of the Board and GRANTEE.
Ope rat 0 Y' S h all r e par t , wit h i n a
rea son a b 1 e t \ III e, the i In P 0 sit ion 0 f sue II t' ate s, c II a r 9 e S 0 r use r
fees which have not been contemplated by the tariff.
( b ) The Z 0 n e s h all b e 0 pet' ate d, m a i 11 t a i n ed, and a d m i n i s t ere d
by Operator in a manner consistent with all rules and regulations
of the Board as well as all relevant rules and regulations of the
USCS, and any and all municipal, state, and federal statutes,
laws, rules, and regulations concerning FTZs, including, but not
limited to, the development and implementation of an inventory
control and record keeping system satisfactory to the uses and the
competitive bid laws of the State of Idaho.
(c) Operator shall prepare a tariff setting forth rates,
charges, and user fees applicable to the FTZ in a manner
consistent with the rules of the Board, such tariff to be approved
by the Board and GRANTEE.
(d) It is specifically understood that no person, firm, or
cor po rat ion s h all beg ran t e d aut h 0 r i t Y too per ate w. i t h i nth e Z 0 n e ,
or within any sub-Zone, except upon written agreement between such
person, firm, or corporation and GRANTEE. Prior to activation of
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 5
the FTZ, Operator shall submit to GRANTEE a draft User Agreement
for approval of GRANTEE. The Operator shall also obtain approval
. .
of'the Boatd of a Us~r Agreement.
(e) Operator shall develop and enforce a security plan which
complies with the standards set forth in 15 CFR 400.402, "Physical
Facilities Required in the Operation of a Zone", 15 CFR 400.403,
lIConstruction and Operation of Equipment for Segregation from
c u s tom s T err i tor y and Qua t' t e t. s for Pet'S 0 n n e l" and tho S est and a r d s
a p p ~' 0 v e d by the 0 i s t ri c t D ire c t 0 ~. 0 feu s t: om s ,or S U c hot her
statutes, laws, y'ules, and regulations \'ihich may apply to the
operation of the Zone.
(f) Operator shall be responsible for taking all steps
necessary to activate and deactivate areas within the Zone, such
r'esponsibility to include the payment of all reasonable fees
connected with such activity.
Operator has the right to be
reimbursed by Users for the payment of such fees and reasonable
expenses incurred on behalf and at the request of the User.
GRANTEE has the right of approval fot' any such actlvation or
deactivation, but such approval shal 1 not be unreasonably
withheld.
(g) Operator shall develop and publish an operations manual
setting forth procedures for securi ty, housekeeping, inventory
control, record keeping, tariffs, and any other procedures
employed in the operation of the Zone.
(h ) Operator sha 11 aggress i ve 1 y mar'ke t the Zone and make
every effort to increase the number of tenants and achiev~ optimum
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 6
utility of the FTZ in the shortest reasonable time.
(i) Upon the commencement of operations~ and throughout the
t e r m 0 f t his A g r e e men t , 0 pet' a tOt' S h all pro v ide the nee e s s a r y
staffing to efficiently run the Zone~ including a Manager and
add it i ona 1 personne 1 .
(j) The Operator acknowledges that it has read and
understands the Regulations.
The Operator separately and
independently covenants with the GRANTEE that it shall at all
times conform to the requirements of the Regulations. In
add; t ion, the 0 per a tOt' C 0 v e n ant s t hat its h all not do 0 t' f ail t 0
do or allow to be done or left undone at the FTZ anything which
might constitute a violation or an omission of the GRANTEE'S
responsibilities and obl igations as grantee of the FTZ.
Section 5.
IMPROVEMENTS:
(a) Within a reasonable time after execution of this
Agreement and prior to commencing operation of the FTZ~ the
Operator at its sole cost and expense shall~ in accordance with
all applicable rules and regulations of the Board and the USCS~
complete or cause to be completed construction and improvement of
any facilities which are required by the Board and the USCS for
the operation of a FTZ. All construction and improvements to the
FTZ by the Operator shall become the property of GRANTEE upon
installation. All construction shall be completed in compliance
with Meridian City contractual standards including~ but not
limited
to,
1 i en
waivers~
performance
bonds
and
other
requirements.
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 7
( b ) All b u i 1 din 9 san dot h e I' s t r u c t u t' e s ~'/ i t h i nth eFT Z s h all
be so constructed or altered, and maintained, as may be required
.~ ~;..
by the C H~y:;o f Mer i d, i an. S tat e 0 f I d a h 0 and the 0 i s t r 1 c t 0 ire c to I'
of the uses.
(c) The Operator covenants and agrees to provide adequate
facilities, personnel and services necessary to operate the FTZ
a t no cas t to the GRANTEE. Cas ts for f ac i 1 it i es, personne 1 and
services may be recovered by Operator through the assessment and
collection of zone user fees as provided herein.
( d ) The 0 per a tOt. C 0 v e n ant san d a 9 t' e est 0 ens u r e the
maintenance of the structures and other faeil ities within the FTZ
in good 'Condi tion and so as not to r'ecklessly or negligently
endanger the 1 ife and health of any persons employed within,
operating within or invited to the FTZ.
(e) The GRANTEE shall not be obl igated to provide any
equipment, labor, material or other goods or services, in
connection with the FTZ, or the Operator's operations or with the
administration of the FTZ. Nor shall the GRANTEE reimburse the
Operator for any expense incurred by Operator in connection with
its operations at or administration of the FTZ, including, without
limitation, expense concerning or relating to the following:
(i) assignment to the FTZ of uses employees;
(ii) the obtaining of such surety bonds as may be
required of the Operator by the USCS;
(iil) keeping of books, recor-ds and accounts in the
manner required by the Regulations;
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 8
(iv) secut'ity;
(v) . any costs incurred by the Operator pursuant to the
Regulationst includingt without lirnitationt the cost of providing
Customs services;
, (v i )
any other expenses involving in any way the
administration or operation of the FTZ or the Operatorls
compliance with the terms of this Agreement, including, but not
limited to, the Regulations, the Act or any other law of the City
of Meridian, State of Idaho or the Uni ted States.
All such e x pen 5 e s s h all be the so 1 e r" e s p 0 n sib i 11 t Y of
the 0 per a tor. I nth e eve n t the 0 per" a tot' f ail s torn a k e any p a ym en t
which may be required above or in the event that the Operator
fails to make any payment which may be required of the GRANTEE as
grantee of the FTZ, under applicable law or Regulationt includingt
without limitationt unpaid customs duties for which the GRANTEE
could be held responsible, the GRANTEE shall have the right, but
shall have no obligation, to make such payment upon fifteen (15)
calendar days notice to the Operator and the Operator shall
reimburse the GRANTEE for such payment immediately upon demand.
(f) Any imp\'ovements contemplated by this Agreement to
become the property of GRANTEE which shall be financed by security
or debt, shall be approved by the GRANTEE prior to the issuance
of such security or debt.
Section 6.
LICENSING REQUIREMENTS: Operator shall at all
times during the term of this Agreement maintain such licenses and
permits as are, or may hereafter be, required for any of the
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 9
various services 'to be perfot'med by it on behalf of GRANTEE as
required by the City of Meridian, Ada County, the State of Idaho,
or the Un~ted States.
'.,
"
Section 7.
RIGHT
'OF
ENTRY
AND
INSPECTION:
Representatives of the Board, the USCS and/or GRANTEE, and other
authorized governmental officers shall have the right to enter the
Zone at any time for the authorized and lawful purpose of
e x ami n i n g the sam e , con fer t' i n 9 wit hOp era tor, its age n t s ,
invitees, and employees on such premises, inspecting and checking
ope rat 0 t' S, So U P P 1 i e s, e qui pm e n tan d III e t' c h and i s e, and d e t e r m i n i n 9
whether the business is being conducted in accordance with
pertinent rules, regulationst laws, and standards and the
procedures established in accordance with this Agreement. All
such entries shall be in accordance with the established security
procedures of Operator.
Section 8.
EMPLOYEES: Operator shall employ, discharge,
and supervise employees required for the efficient operation and
maintenance of the FTZ, including a Manager. Operator shall not
retain independent contractors without first notifying GRANTEE in
writing. .Operator shall pay the salaries of its employees and
necessary state, federal, and local taxes.
In no event shall
GRANTEE be construed to have any obligation, responsibility, or
duty whatsoever to employees, agents or independent contractors
of Operator including, but not 1 imited to, any contribution or
payment to any contractual or statutorily mandated wage or other
term or condition of employment.
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 10
Section 9.
INSURANCE:
The 0 p e t- a tOt' S h all 0 b t a in, 0 r
cause to be obtained, and continuously maintained in effect during
the term of this Agreementt insurance against such risks as are
customarily insured against by businesses of like size and typet
paying or causing to be paid as the same become due all premiums
with respect theretot including but not necessari ly 1 imited to
insurance in an amount equal to the full replacement value of all
contentst at any time located within the Zone against loss or
dam age by f i Y' e 0 rot h e t' cas lJ a 1 t y, wi t h lJ ni for m s tan day' d 5 e x ten d e d
coverage endot'sement limited only as may be provided in the
standards form of extended coverage endorsement at the time in use
in Idaho.
All such insurance policies shall be obtained and
m a i n t a i n e din 9 en era 11 y r e cog n i zed t' e s po n sib 1 e ins u ra n c e com pan i e s
qualified under the laws of the State of Idaho to assume the
respective risks
undertaken.
Operator will obtaint
and
continuously maintain in effect during the term of this Agreement,
comprehensive public liability insurance with respect to its use
and occupation of the Zone with limits sufficient to reasonably
cover all activities of Operatort but in no event in an amount
less than One Million ($ltOOO,OOO) Dollars per occurrence as to
bodily injurYt including deatht and damage to property with an
aggregate limit of Five Million and No/100 ($5,OOOtOOO.OO)
dollars. All policies of insuy'ance required herein shall name,
as additional insuredt GRANTEEt and its directorSt officers,
agentst servants, and employees. Operator shall provide GRANTEE
with a Certificate of Insuy'ance or other proof of ,insurance
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 11
evidencing Operator's compliance with the requirements of this
paragraph and file such proof of insurance with the Meridian City
Cferk.
In the event the insurance minimums of the Idaho Tort
Claims Act are changed, Operator shall immediately submit proof
of compl iance with the changed 1 imits.
Section 10.
BONDS:
As required by the United States
Customs Service. Operator will maintain adequate and appropriate
insurance and/or bonds to satisfy FTZ requirements of the service.
S aid bon d s s h all b e i n a n a m 0 u n t 0 I' a m 0 u n t s t 0 bee s tab 1 ish e d
between Operator and uses so as to insure against the loss of any
Customs penalties or duties through operation of the FTZ.
Operator shall require Users to maintain appropriate bonding
between the Users, uses and Operator. necessary to protect the
interests of GRANTEE and Operator. Operator shall name GRANTEE
as additional payee on all bonds required by this Section.
Operator shall obtain and maintain such bonds and/or
insurance as may be required from time to time by GRANTEE to
ensure the full and proper performance of Operator's obligations
owed GRANTEE herein.
Section 11.
INDEMNIFICATION: It is an express condition
of this Agreement that GRANTEE shall be free from any and all
liabilities and claims for damages, fines, suits, 01' claims for
or by reason of any death or deaths or injury or injuries to any
person or persons or damages to property of any kind whatsoever,
whether the personal property of GRANTEE its agents or employees,
or third persons, from any cause or causes whatsoever while in or
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 12
upon" said FTl or any part thereof during the term of this
Agreement, or occasioned by occupancy or use of said premises or
.'.;~
any activity carried on by Operator' in connection therewith.
Operator shall indemnify, defend, save and hold harmless GRANTEE
from and for any and all losses~ claims, fines, actions~ judgments
for damages, or injury to persons or' pt'operty and losses and
expenses caused or incurred by Operator or any User, their
servants, agents, employees, guests, and business invitees, and
not c a use d by 0 r at' i sin g 0 u t 0 f the n e 9 li 9 e n ceo r tor' t i 0 u S con d u c t
of GRANTEE or its servants~ agents or employees. The limits of
insurance shall not be deemed a limitation of the covenants to
indemnify, save, defend and hold harmless GRANTEE; and if GRANTEE
becomes liable for an amount in excess of the insurance limits,
herein provided, Operator covenants and agrees to indemnify, save,
defend and hold harmless GRANTEE from and for all such losses,
claims, actions, or judgments for damages or liability to persons
or property.
Section 12.
RECORDS AND REPORTS:
All billing and cash
r e c e i v i n gin t ern a 1 con t r 0 1 pro C e d u r' e s s h all b e r' e vie wed b y G RAN TEE
prior to their implementation.
GRANTEE may require alterations
to such billing and cash receiving internal control procedures in
order to, but not limited to, establishing a reasonable billing
and cash receiving control environment.
Operator shall keep books, accounts, and records that reflect
all revenues, expenditures, and activities in connection with the
management and operation of the FTZ.
The books~ accounts, and
FOREIGN-TRADE lONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 13
records shall be maintained at the place of business of Operator~
said place to be located in Meridian, Idaho.
!
All financial,
accounting, and operational records concerning Zone operation
shall be retained for five (5) years after the act or occurrence
recorded or after the merchandise covered by such record has been
transferred from the Zone, whichever is longer, and all such
records shall be available for inspection and audit by GRANTEE or
its representatives, at the expense of the City, during normal
business hours.
In the event of the termination of thls
A 9 r e e men t, cop i e s 0 fan y s u c h t' e c () r d s s h all b e sUn' end ere d t 0
GRANTEE or its designated agent.
(a) Financial and Accounting:
(i) Operator shall employ reasonable internal control
procedures and generally accepted accounting principles in the
maintenance of accounting recot'ds and the preparation of all
financial statements, accounts, and reports required under this
Agreement. Within ten (10) working days after the close of each
calendar month, or on the first Tuesday of each month, whichever
i s 1 ate r, d u t" i n g the t e r m her e 0 f, 0 per a tor s h all sub m ita n i n t e rim
accounting to GRANTEE showing all revenues and all expenses for
the month in such detai 1 as shall be requi red by GRANTEE. The
information in any such interim accounting made with respect to
each calendar month during the term of this Agreement shall be
both cumulative for the fiscal year and for such accounting period
and shall be in a format acceptable to GRANTEE.
( i ; ) Wit h ins i x t Y (60) day s aft e r the c 1 0 s e '0 f e a c h
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 14
fiscal yeart ,which shall be duy'ing the term of this agreement
September 30 of each year, or the expiration of this Agreement,
Operator shall submit financial statements to GRANTEE prepared in
accordance with generally accepted accounting principles as to the
FTZ's financial position and results of FTZ operations for such
period and a certificate of Operator's chief accounting officer
or accountant certifying that such financial statements are true
and correc t.
Any adjustments required by this fiscal year
accounting shall be made promptly by the parties.
(iii)
GRANTEE and/or its designated t'epresentatives
reserve the right to require an annual financial audit of the
Operator1s financial statements.
Such audit to be at the sole
expense of the Operator.
(iv) GRANTEE and/or its designated representatives
reserve the right to perform addi tional financial or management
audits of Operator's operations and books and records at any time.
Such audit or audits to be at the sole expense of GRANTEE.
(b) Zone Operations
(il The Operator shall operate and maintain the FTZ in
accordance with all terms of this Agreement, all provisions of the
Act, and all requirements of the Board and the USCS.
(ii) The Operator shall take all reasonable precautions
that all merchandise in, and activities occurring within the FTZ
are in compliance with all Federal lawst rules and regulations.
In the event the uses shall initiate proceedings against the
Operator based on alleged violations of applicable rules and
FOREIGN-TRADE lONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 15
!<
reg u 1 at ion s r e 1 a ti n 9 tot h e 0 per a t ion 0 f t. h eFT Z) the 0 per a tor
shall immediately notify the GRANTEE.
(iii) Operator shall pt'ovide all necessary data for
purposes of filing reports and shall further prepare any and all
reports for filing) as required) with the Board and any and all
other municipal, state, or federal agencies governing activities
within the FTZ.
(iv) Details of business operations of individual
firm1s operation in and using this zone shall be kept confidential
except for such information as shall be deter'mined to be publ ic
information. under federal, state, or local laws.
( v ) 0 per a tor s h all not i f Y G RAN TEE 0 fan y 0 the r r e pOt' t s
requested by any government agency and of any investigation of its
activities commenced by any government agency) and shall provide
copies of all such reports and investigative documentation to
GRANTEE upon request.
(c) Meridian City Costs
(i) In the event Operator requests or this Agreement
requires the City of Meridian to perform any service or function
for the Operator or the FTZ) said cost of such service or function
to Meridian City shall be paid to Meridian City by Operator within
thirty (30) days of completion of the service required or
requested by Operator.
Compl iance with the request of the
Operator for Meridian City assistance shall be at the sole
discretion of Meridian City.
(ii) The cost of such services or functions to Meridian
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 16
City shall be calculated consistent with existing or amended
internal control procedures of Meridian City for inter'departmental
cost control.
Section 13. EVENTS OF OEFAUL T AND REMEDIES: The fol lowing
shall be "events of defaultll under this Agreement, and the terms
lIevent of defaultll or IIdefaultll shall mean, whenever they are used
in this agreement, anyone or more of the fol lowing events:
(a) Default by Operator in the due performance or observance
o fan y 0 f 1 t sag r e erne n t SOt' C 0 v e n ant s con t ai 11 e din t his a g t' e e men t ,
which default shall have continued for a period of thil'ty (30)
days after written notice specifying such default shall have been
given to Operator by GRANTEE, unless GRANTEE or its assigns shall
agree in writing to an extension of such time prior to its
expiration; or
(b) The dissolution or liquidation of Operator or the filing
by Operator of a voluntary peti tionin bankruptcy other than a
petition for an arrangement which does not affect any of the terms
and conditions of this Agreement.
Whenever any such event of default shall have continued for
thirty (30) days after notification of the default, GRANTEE or its
assigns may take any of the following remedial steps:
(i) GRANTEE or its ass igns may re-enter and take
possession of the Zone, and any improvements constructed therein,
and exclude Operator from possession thereof and administer the
same for the account of Operator, holding Operator liable for the
balance due hereunder;
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 17
(i i)' GRANTEE or'i ts assigns may immediately terminate
this agree~ent without further notice as required in Section 3(c),
exclude Operator from possession of the Zone and, at its option,
operate the same for the account of GRANTEE or its assigns,
holding Operator liable for all sums due prior to the date of
termination for the account of GRANTEE or its assigns and permit
Operator to collect such revenues as may be due prior to
termination subject to any set-ofF for 1 iabil itfes; or
( i i i) G R 1\ N TEE 0 t" its ass i 9 n sma y t a k e \-J hat eve r' a the r
action at l~a\lJ or in equity as may be available to collect any sums
due hereunder~ or to enforce any obl igation, covenant, or
agreement of Operator under this Agreement, or to collect actual,
but not consequential ~ damages for breach of contract, or to
effect or obtain any other remedy available.
No remedy herein conferred upon, reserved, or waived by
GRANTEE or its assigns is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall
b e cum u 1 a t i v e and s h all b e i n add i t ion toe vet' y 0 the r rem e d y g i v e n
under this Agreement or available at law or in equity.
Section 14. NOT JOINT VENTURES: GRANTEE and Operator are
not, and shall never be considered, as joint venturers or partners
of each other, and neither shall have the power to bind or
obligate the other except as set forth in this Agreement. There
shall be no liability on the part of GRANTEE or Operator to any
person, firm, or corporation for any debts incurred by the other
resulting from business conducted by it unless GRANTEE or Operator
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 18
agrees in writing to pay such debt.
Section 15.
USE OF TRADE NAME:
Use of trade names,
trademarks, logos and other means of identification of Meridian
City and Operator are hereby allowed without cost or exception to
the parties.
Upon the termination of this Agreement, Operatot'
s h all d i s con tin u e the use 0 f t r' a den a me s, t r a d em ark s, s i 9 n san d
forms of advertisement which indicate a continuance of operating
FTZ No.
Any such trade names, copyrighted material,
pro c e d u r a 1 man u a 1 s, tat' iff s, i n v e n tOt' Y con l: r 0 1 s y s t ems, com put e r'
software and related items, developed or created in conjunction
with the Operation of FTZ No.
shall, upon termination of this
Agreement, become the property of the parties as described in
Section 25 hereinbelow. In the event Operator shall fail to make,
or cause to be made, .such changes, within thirty (30) days after
written notice from GRANTEE, then Operator hereby grants to
GRANTEE the right to enter upon the lone without being deemed
guilty of trespass, and to make or cause to be made such changes
at the expense of Operator, which expenses the Operator agrees to
pay on demand.
Section 16.
WITHDRAWAL OR SURRENDER OF GRANT:
If the
grant of a FTZ to GRANTEE shall be surrendered, revoked or
canceled, this Agreement shall terminate and Operator shall have
no claim against GRANTEE by reason of such surrender, revocation
or cancellation, and Operator shall have no further interest in
the subject matter of this Agreement except to t'eceive such
additional compensation as may be or become due to it pursuant to
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 19
t his A g r e e men t s b y vir t u e 0 f set. v ice s r end ere d 0 r f a c i 1 i tie s
furnished before the date of such revocation or cancellation.
Section 17.
NON-ASSIGNABILITY: The Y'ights and obligations
created hereunder being in the nature of a contract for personal
servicess Operator shall not assign this Agreement or any interest
hereunder to any other party without written approval of GRANTEE.
Operator shall notify GRANTEE prior to any changes of the
e f fee t i v e con t t. 0 1 0 fOp era t () Y- 's cor POt. a t ion. G RAN TEE res e Y' v est h e
right to terminate this Agreement upon ninety (90) days notice
should such effective control change be found unsuitable by
GRANTEE.
Section 18.
INTERPRETATION OF AGREEMENT:
A. This Agreement shall be governed by and construed 1n
accordance with the laws of the State of Idaho except where
federal law has preempted such appl ication.
B. All terms and words used in this Agreement, regardless
of the number and gender in which they are useds shall be deemed
and con s t rue d t 0 i n c 1 u d e any 0 the Y' n u OJ b e r ~ s; n 9 u 1 a r 0 r p 1 u r a 1 san d
any other genders masculine, feminine or neuter, as the context
or sense of this Agreement and any other paragraph or cl ause
herein may requires the same as if such words had been fully and
properly written in such number and gender.
Section 19.
USE OF FTZ:
Operator agrees to operate the
Zone for the use and benefit of the public and to make available
to the public on fair and reasonable terms all Zone fae; li"t;es and
furnish all
services for fair, equals
and not unjustly
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 20
d i s c rim i n a t 0 r:y p r ice s for e a c h u ni tor s e r V ice s, pro V ide d tile
Operator may be allowed to make reasonable and nondiscriminatory
. :
discounts: rebates~ or other similar types of price reductions to
volume' purchasers.
It is expressly understood and agreed that
nothing herein contained shall be construed to grant to authorize
the granting of exclusive rights within the meaning of ill??????
Section 20.
NONDISCRIMINATION: Operator~ for itself, its
personal representatives) successors in interest) and assigns) as
a part of the consideration hereof) does hereby covenant and agree
that (1) no person on the grounds of race, color, national origin~
religion~ sex) age~ marital status) veter'ansl status~ physical or
mental handicaps for which reasonable accommodations can be made
or other non-meritorious factors or other factors which do not
constitute pona fide occupational requirements shall be excluded
from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities) (2)
that in the construction of any improvements on) over) or under
such land and the furnishing of services thereon, no person on the
grounds of race, color, national origin) religion) sex, age,
marital status, veterans' status~ physical or mental handicaps for
which reasonable accommodations can be made or other non-
meritorious factors or other factors which do not constitute bona
fide occupational requirements shall be excluded from
participation in) denied the benefits of) or otherwise be
subjected to discrimination, ( 3 ) that the operator shall.use the
premises in compliance with all other applicable requirements of
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 21
Federal, State or Local laws or regulations and as said laws or
regulations may be amended.
It is the exclusive responsibility
of GRANTEE to determine bona fide occupational requirements. It
is further agreed that in the event of breach of any of the above
nondiscrimination covenants, the GRANTEE shall have the right to
terminate this Agreement and to re-enter and repossess said land
and the facilities thereon, and hold the same as if said Agreement
had never been made or issued.
Section 21.
ENTIRE AGREEMENT: This Agy'eement contains the
entire agreement of the parties and no representation, inducement,
promise, agreement, oral or otherwise, not embodied herein shall
be of any force or effect.
Section 22.
AMENDMENT:
No termination, cancellation,
modification, amendment, deletion, addition or other change in
this Agreement, or any provisions hereof, or waiver of any right
or remedy provided hereunder shall be effective for any purpose
unless specifically set forth in writing signed by the party or
parties to be bound thereby. The waiver of any right or remedy
ill respect to any occurrence or event or non-occurrence on one
occasion shall not be deemed a waiver of such right or remedy in
respect to such occurrence, non-occUrrence or event on any other
occasion.
Section 23.
RESTRICTION OF RIGHT:
It is expressly
understood by and between the parties hereto that Operator is
granted the right solely to operate the Zone or Zones described
herein and to collect fees and other charges set forth in the
REIGN-TRADE ZONE OPERATOR AGREEMENT
M@RIOIAN CITY/SERVICE TRANSPORTATION INC. - 22
schedules and tariffs to be developed hereunder. Operator is not,
nor shall it at any time be deemed to be, a real estate agent or
com m i s s i on broker i nit s d e a lj n 9 s w hi c 11 t. e s u 1 tin the 1 0 cat j on of
tenants.within the Zone.
Section 24.
NOTICES:
Notices to the parties shall be
given by mailing a copy of the same by fir'st class mail to the
respective parties at the addresses set forth below.
E. Teryl Adams
International Trade Services, Inc.
125 N. 6th Street
Payette, Idaho
do you want the Mayor/City of Meridian here?
Section 25.
PROPRIETARY INTEREST:
As a part of this
Agreement, Operator is required to develop a certain manuals,
tariffs, inventory control systems, computer software and related
intellectual property. It is expressly understood by and between
the parties hereto that both the GRANTEE and the Operator have a
proprietary interest in such work product and, in the event of
termination of this Agreement for any reason, such work product
shall be and remain at all times the pt'operty of GRANTEE and
Operator. Neither party may interfere in the use of said property
by the other. In the event of the termination of this Agreement,
GRANTEE may allow Users of Foreign-Trade No.
and its subzones
to use such manuals, tariffs, inventor'y controls systems, computer
software, and related items, in their respective operations at FTZ
No. and its subzones.
fOREIGN-TRADE ZONE OPERATOR AGREEMENT
MERIDIAN CITY/SERVICE TRANSPORTATION INC. - 23
$.ection 2!5.
BINDING EFFECT:
This Agreement shall be
bin din g u p 0 n and 1 n u Y' e tot h e b e n e fit 0 f the p a y- tie she r e to, the i r
respective successors and assigns. Provided. however, that this
. /t~~~..,
paragraph is::'.to beln no way constr'ued as granting to Operator the
right to assign this Agreement or any interest therein without the
express prior written approval of GRANTEE. which approval may be
withheld for any reason.
IN WITNESS ItJHEREOF. the
this
l\~p"e eme'n t ,t.o
executed
as
of
this
the
day
of
, 1991.
OPERATOR:
GRANTEE:
BY:
BY:
ITS:
ITS:
FOREIGN-TRADE ZONE OPERATOR AGREEMENT
ME~lDIAN CITY/SERVICE TRANSPORTATION INC. - 24
.t:
;
- -----'>
r
E y: h " ~ ; ~
t r B II
CORPORATE RESOLUTION
I HEREBY CERTIFY, that I am the duly elected and qualified
Secretary of Gemtone, Inc. and the keeper of the records and
corporate sealtbf said corporation; that the following is a true
and correct copy of resolutions adopted at a meeting of the Board
of Directors thereof held in aC~l'~nce with its By-Laws at its
offices at Boise, Idaho on the~ day of September, 1991, and
that the same are now in full force.
COpy OF RESOLUTIONS
'BE IT RESOLVED, that the President or Secretary of this
corporation, or their/his successors in office, or anyone of them
be and they/he hereby are/is authorized for, on behalf of, and in
the name of this Corporation to: immediately commence with the
inclusion of the
I. Treasure Valley Business Center property (see attached
plat) at Meridian, Idaho into the classification of
either:
A. A General Purpose, Foreign-Trade Zone, or~
B. A Remote Site, General Purpose, Foreign-Trade Zone,
or;
C. A Sub-Zone, General Purpose, Foreign-Trade Zone,
as authorized by the u.s. customs Department.
II. Execute in such form as may be required all applications,
letters and other evidences of such a process.'
'RESOLVED FURTHER, that this resolution shall continue in
force, and said Firm may consider the holders of said offices and
their signatures, respectively, to be and continue as set forth in
the certificate of the Secretary of this corporation accompanying
a copy of this resolution when delivered to said Firm or in any
similar subsequent certificate, until notice to the contrary in
writing is duly served on said Firm.'
I HEREBY FURTHER CERTIFY, that the following named persons
have been duly elected to the offices set opposite their respective
names, that they continue to hold these offices at the present
CORPORATE RESOLUTION -- 1
,
time, and that the signatures appearing hereon are the genuine,
original signatures of'each respectively:
~~ tS7~(;/
EugenK D. Heil ~ '"
President
.
.
~~/;.M
Thomas T. Wright .,
Secretary/Treasurer
IN WITNESS WHEREOF, I have hereunto affixed my name as Secretary
and have caus~~he corporate seal of said Corporation to be hereto
affixed this '?!! day of ~~tE:,-e , 1991.
-
~~- ),
p; .
Thomas T. Wr1ght,
IMPRINT
SEAL HERE
I hereby certify that I am a Director of said Corporation and
that the foregoing is a correct copy of resolutions passed as
therein set forth, and that the same are now in full force.
~~ t3Y~
Eugene ~. Heil, President
CORPORATE RESOLUTION 2
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