HomeMy WebLinkAboutAgreement to Transfer Fire Engine to Boise County Fire
Page 1 of3
Tara Green
Bill Nary
Tuesday, January 09, 200712:29 PM
Will Berg; Sharon Smith; Tara Green
Chief Anderson
FW: City of Meridian and Meridian Rural Fire Protection District I Boise County /I Transfer Fire
Engine
Attachments: Meridian fir engine letter.pdf; Agreement to Transfer Property.doc; Memorandum of
Transfer.doc; Resolution to transfer fire truck. doc
From:
Sent:
To:
Cc:
Subject:
We can add top next week's agenda.
.. \ ":,
a(Y of Mt:ridian
703 Main Strt:t:t
Meridian. ID 88642
208.898.5506 or
208.898-5503 (office)
208.884.8728 (fax)
From: John Fitzgerald [mailto:jof@magicvalleylaw.com]
sent: Tuesday, January 09, 200711:56 AM
To: Bill Nary
Subject: FW: City of Meridian and Meridian Rural Fire Protection District I Boise County /1 Transfer Fire Engine
Bill:
!n response to your e-mail regarding the fire engine, please see below and attachments.
John O. Fitzgerald, II
WORST, FITZGERALD & STOVER. P .L.L.C.
245 3rd Avenue North
P.O. Box 1716
Twin Falls, Idaho 83303-1716
(208) 736-9900 (voice)
(208) 736-9929 (fax)
iof@maaicvallevlaw.com
........................***.................*.........***************
NonCE: This e-mail,includingattachments, constitutes a confidential attorney-client communication. It is not
intended for transmission to, or receipt by, any unauthorized persons. If you have received this communication in
error, do not read it. Please delete it from your system without copying it, and notify the sender by reply e-mail or
by calling (208) 736-9900, so that our address record can be corrected. Thank you,
NonCE: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated
otherwise, any U.S. federal tax advise contained in this e.mail, including attachments, is not intended or written to
be used. and cannot be used, by any person for the purpose of avoiding any penalties that may be imposed by
the Intemal Revenue Service.
1/12/2007
Page 2 of3
..............*........**..***...***..**...**************..*****.**.*
From: John Fitzgerald
Sent: Tuesday, January 09, 20078:53 AM
To: 'Ron Anderson'
Subject: FW: City of Meridian and Meridian Rural Fire Protection District I Boise County /I Transfer Fire Engine
Ron:
! am forwarding to you (below) my December 12, 2006 e-mail message to Will Berg and Bill Nary, including
attachments, regarding the transfer of the fire engine to Boise County. As you will note, you were copied on the
e-mail message along with the Commissioners.
P!C8se call me to discuss.
John O. Fitzgerald, "
WORST. FITZGERALD & STOVER, P.L.L.C.
245 3rd Avenue North
P.O. Box 1716
Twin Falls, Idaho 83303-1716
(208) 736-9900 (voice)
(208) 736-9929 (fax)
jQ1@maQlcvalleylaw.com
**..***..*.******.*****......***********************************.****
NonCE: This e-mail,including attachments, constitutes a confidential attorney-client communication. It is not
intended for transmission to, or receipt by, any unauthorized persons. If you have received this communication in
error, do not read it. Please delete it from your system without copying it, and notify the sender by reply e-mail or
by calling (208) 736~9900, so that our address record can be corrected. Thank you.
NOllCE: To comply with certain U.S. Treasury regulations, we Inform you that. unless expressly stated
otherwise, any U.S. federal tax advise contained in this e-mail, including attachments, is not intended or written to
be used, and cannot be used, by any person for the purpose of avoiding any penalties that may be imposed by
the Internal Revenue Service.
.*********.****..**.***....******************************************
From: John Fitzgerald
Sent: Tuesday, December 12, 2006 4:32 PM
To: 'Will Berg (Bergw@meridiancity.org)'j 'William L. M. Nary (naryb@meridlancity.org)'
Cc: 'Ron Anderson'; 'Rich Greene'; 'Terry Leighton'; 'Clair Bowman'
Subject: City of Meridian and Meridian Rural Fire Protection District I Boise County II Transfer Fire Engine
Gentlemen:
With reference to the attached letter from the Boise County Commissioners to Chief Anderson, the Meridian Rural
Fire Protection District Is agreeable to transfer, without consideration, ownership of a certain fire engine to Boise
County. I have been informed that the certain fire engine is jointly owned by the District and the City of Meridian.
Consequently, the City needs to join with the District to transfer the fire engine to Boise County. And, in this
regard. I understand the City is also agreeable to the transfer, without consideration, ofthe fire engine to Boise
County.
1/12/2007
Page 3 of3
Accordingly, in accordance with Idaho Code Sections 67-2322 and 67~2323, 1 have prepared and attached an
egreement between the City and the District, and Boise County to transfer the fire engine, without consideration.
have also prepared and attached a memorandum to document the transfer, and a resolution for the District to
approve the attached agreement and effectuate the transfer.
With regard to Idaho Code Sections 67-2322 and 67-2323, there are certain steps or prerequisite to this
transaction, all of which are outHned in the attached agreement. The steps include a pubHcatlon requirement
setting forth the general terms of the agreement, and the date on which the governmental entities.
respectively, will meet to approve the agreement. The agreement includes proposed language for such notice.
With regard to publication, I suggested to the District's commissioners that the notice be published in the Idaho
Statesman, 8S it is eirculated in both Ada County and Boise County, and the City, District and Boise County share
the cost of publication.
Assuming the attached agreement and memorandum of transfer meet with the City's approval, it needs to be
presented to Boise County. By copy of this e-mail message to Chief Anderson, I am requesting him (or his
designee) to coordinate and facilitate this transaction between the City, District and Boise County. The District
contemplates approving the agreement to consummate the transfer at its next monthly meeting in January, 2007.
Should you (or Chief Anderson) have any questions or comments concerning the attached documents, the
contemplated transfer or coordinating the governmental entities to effectuate the transfer please call me.
Otherwise, I will presume that the all the governmental entities will be on board to consummate the transaction in
January, 2007.
John O. Fitzgerald, II
WORST, FITZGERALD & STOVER, P .L.L.C.
245 3rd Avenue North
P.O. Box 1716
Twin Falls, Idaho 83303-1716
(208) 736-9900 (voice)
(208) 736-9929 (fax)
iof@maqicvalillYlaw..Q.Qm
*****....*.....*......********.....************.......****.*******.**
NOllCE: This e-mail.includingattachmen1s.constitutesaconfidentialattorney-clientcommunication.ltis not
intended for transmission to, or receipt by, any unauthorized persons. If you have received this communication in
error, do not read it. Please delete it from your system without copying it, and notify the sender by reply e-mail or
by calling (208) 736-9900, so that our address record can be corrected. Thank you.
NOllCE: To comply with certain U.S. Treasury regulations, we inform you that, unless expressly stated
otherwise, any U.S. federal tax advise contained in this e-mail, including attachments, is not intended or written to
be used. and cannot be used. by any person for the purpose of avoiding any penalties that may be imposed by
the Intemal Revenue Service.
....._........................................****It..........................
1/12/2007
Dtrc DB 06 10:578
p.2
BOISE COUNTY BOARD OF COUNTY COMMISSIONERS
FRED H. LAWSON
DisTricl /I C(JIIl"'~'sim1t:r
PAUL A. STUTZMAN
IJ;.v(,;cllll C(Jrnm;~'~'i(J,wr
ROGP.R 13_ JACKSON
D;~""i(:I 1 C(lmmissl""l!r
RORA ^. CANOOY
Clerk If) ,I'l' Boai'd
October 16.2006
ChiefR.on Anderson
Fire Administration
540 E. Franklin Rd.
Meridian. 10 83642
RE: Fire Engine donation
Dear Chief Anderson;
The Boille County Board of Commissioners will aec:ept the City of Meridian's and
Meridian Fire Department's donation of a Fire Engine. This vehicle will be a fine
addition to the fire service in Boise County and Lowman Volunteer Fire District. Many
Thanks. .
The County will retain title to the vehicle and Gordon Ravenscroft (Emergency
Management Coordinator, 392-4411) will be your point of contact. Gordon will arrange
transfer -and handle the tide work. You can also reach Paul Rekow. Lowman VFD Fire
Chief at 259-3420.
If you would like a fonnal receipt we will be happy to provide one.
Sincerely;
Boise Coumy Board of Commissioners:
Roger B. Jackson Fred H. Lawson
-R~,d, ~ r{l~~
C: tile
Emergency Management Coordinator Ravenscroft
Lowman Volunteer Fire District. Inc. Paul Rckow, Chief
. T;e~;;.4-~/
Y~J
· 1', O. Box 1300. Idaho City, ldaho 83631
.
OffiCI: (20R) 392-6(,36
.
FAX (208) 392-4473 .
AGREEMENT TO TRANSFER PROPERTY
PURSUANT TO IDAHO CODE ~ 67-2322
WHEREAS, pursuant to Idaho Code 9 67-2322, a municipality and a fire district of
the state of Idaho possess the power to conveyor transfer personal property to a county of
the state of Idaho, without consideration, when the governing body of the municipality and
the fire district determines, in their respective judgment, such conveyance or transfer,
without consideration, is in the best interest of the public; and
WHEREAS, the City of Meridian, a municipal Corporation and government
subdivision organized and existing under and pursuant to the laws of the state of Idaho,
desires to conveyor transfer its interest in a 1986 PierceIFord Suburban Pumper, vehicle
identification number lFDRK84N3GV A48266 (hereinafter the "Fire Engine"), to Boise
County, state ofIdaho, existing under and pursuant to the laws of the state ofIdaho; and
WHEREAS, the City Council of the City of Meridian ddt::rrnint::, in its judgment,
such conveyance or transfer of the Fire Engine, without consideration, is in the best interest
of the public; and
WHEREAS, the Meridian Rural Fire Protection District, organized and existing
under and pursuant to the laws of the state of Idaho, desires to conveyor transfer its interest
in the Fire Engine, to Boise County, state ofIdaho, existing under and pursuant to the laws
ofthe state ofIdaho; and
WHEREAS, the Commissioners of the Meridian Rural Fire Protection District
determine, in their judgment, such conveyance or transfer of the Fire Engine, without
consideration, is in the best interest of the public; and
WHEREAS, Boise County, through its Board of Commissioners, desires to accept
the conveyance and transfer of the Fire Engine, without consideration; and
WHEREAS, Idaho Code 9 67-2323 requires a written agreement between the City
of Meridian and the Meridian Rural Fire Protection District, and Boise County, state of
Idaho to transfer and convey the Fire Engine, as well as publication ofthe general terms of
such agreement for two (2) consecutive weeks in a newspaper printed or of general
circulation in Ada County, state ofIdaho and Boise County, state ofIdaho; and
WHEREAS, it is the purpose of this Agreement to set forth the agreement between
the City of Meridian and the Meridian Rural Fire Protection District, and Boise County,
state ofIdaho for the City of Meridian and the Meridian Rural Fire Protection District to
transfer and convey their respective interest in the Fire Engine, without consideration, to
Boise County, state ofIdaho;
NOW, THEREFORE, the City of Meridian and the Meridian Rural Fire Protection
District (hereinafter collectively "Meridian") and Boise COWlty, state ofIdaho, agree as
follows.
AGREEMENT TO TRANSFER PROPERTY
PURSUANT TO IDAHO CODE ~ 67-2322, Page -1-
1. Meridian agrees to transfer and convey to Boise County, state of Idaho its,
successors and assigns forever, the Fire Engine, without any warranties, express or implied,
and on an "As Is" "Where Is" and "With All Faults" bases, without consideration as
permitted by and in accordance with Idaho Code * 67-2322.
2. Boise County, state ofIdaho, for itself and its, successors and assigns agrees
to accept the transfer and conveyance of the Fire Engine from Meridian, without any
warranties, whether express or implied, and on an "As Is" "Where Is" and "With All Faults"
bases, without consideration as permitted by and in accordance with Idaho Code S 67-2322.
3. Meridian agrees to publish or cause to be published in Ada County, state of
Idaho, and Boise County, state of Idaho agrees to publish or cause to be published in Boise
County, state ofIdaho the following notice ofthe general terms of this Agreement for two
(2) consecutive weeks in a newspaper or newspapers printed or of general circulation in,
respectively, Ada County, state ofIdaho and Boise County, state ofIdaho:
Notice is hereby given that the City of Meridian and the Meridian Rural
Fire Protection District have agreed to transfer and convey to Boise
County, state of Idaho its, successors and assigns forever, a certain 1986
PiercelFord Suburban Pumper, vehicle identification number
IFDRK84N3GV A48266, without any warranties, express or implied,
and on an "As Is" "Where Is" and "With All Faults" bases, without
consideration. The next regular or special meeting at which the City ot.
Meridian will ratify the agreement is . The next
regular or special meeting at which the Meridian Rural Fire Protection
District will ratify the agreement is . The next
regular or special meeting at which the Boise County will ratify the
agreement is
4. This Agreement contains the entire agreement of the parties hereto with
respect to the matters contained herein, and no prior agreement, or understanding pertaining
to any such matter, shall be effective for any pUlpose. No provisiun ufthe Agreement may
be amended or added to, except by an agreement in writing signed by the parties hereto, or
their respective successors-in-interest.
IN WITNESS WHEREOF, the parties do hereby set their hands and seal.
City of Meridian
By:
Mayor
Attest:
By:
City Clerk
AGREEMENT TO TRANSFER PROPERTY
PURSUANT TO IDAHO CODE ~ 67-2322, Page -2-
Meridian Rural Fire Protection District
By:
Its: Chairman
Attest:
S~cretary
Boise County, state of Idaho
By:
Its:
Attest:
Its:
AGREEMENT TO TRANSFER PROPERTY
PURSUANT TO IDAHO CODE ~ 67-2322, Page -3-
MEMORANDUM OF TRANSFER
KNOWN ALL MEN BY THESE PRESENTS, That on this _ day of
,20 , the City of Meridian, a municipal Corporation and government
subdivision organized and existing under and pursuant to the laws of the state of Idaho, and the
Meridian Rural Fire Protection District, organized and existing under and pursuant to the laws of the
state ofIdaho, collectively the party of the first part, conveys and transfers and does by these
presence convey and transfer unto Boise County, state of Idaho, existing under and pursuant to the
laws of the state of Idaho, thc party of the second party, all its right, title and inlt:rest in a to that
certain a 1986 Pierce/Ford Suburban Pumper, vehicle identification number
IFDRK84N3GV A4R2titi (the "Fire Engine"), without consideration as permitted by and in
accordance with Idaho Code ~ 67-2322.
TO HAVE AND TO HOLD the same to the said party of the second part, its, successors
and assigns forever. The said party of the first part has neither made nor makes any warranties,
whether express or implied, concerning the condition of the Fire Engine, and said party ofthe
second part takes and receives the Fire Engine "AS IS," "WHERE IS" and "WITH ALL FAULTS."
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal,
the day and year first above written.
City of Meridian
By:
Its: Mayor
Attest:
City Clerk
Meridian Rural Fire Protection District
By:
Its: Chairman
Attest:
Secretary
MEMORANDUM OF TRANSFER, Page -1-
MERIDIAN RURAL FIRE PROTECTION DISTRICT
RESOLUTION NO.
A Resolution of the Board of Commissioners of the Meridian Rural Fire Protection District,
setting forth certain findings and purposes; and approving and ratifying the agreement between the
City of Meridian and the Meridian Rural Fire Protection District, and Boise County, state ofIdaho
for the City of Meridian and the Meridian Rural Fire Protection District to transfer and convey a
certain 1986 Pierce/Ford Suburban Pwnper, vehicle identification number 1FDRK84N3GV A48266
(hereinafter the "Fire Engine"), without consideration, to Boise County, state of Idaho, as permitted
by and in accordance with Idaho Code ~ 67-2322;
WHEREAS, the City of Meridian and the Meridian Rural Fire Protection District jointly
own the Fire Engine; and
WHEREAS, the Board of Commissioners ofthe Meridian Rural Fire Protection District,
after due consideration, finds, in its judgment, that the transfer and conveyance of the Fire Engine to
Boise County, state of Idaho, without consideration as permitted by and in accordance with Idaho
Code ~ 67-2322, is in the best interest of the public; and
WHEREAS, the Board of Commissioners of the Meridian Rural Fire Protection District,
after due consideration, finds it is in the best interest of the Meridian Rural Fire Protection District
to join with the City of Meridian, and enter into that certain entitled "AGREEMENT TO
TRANSFER PROPERTY PURSUANT TO IDAHO CODE ~ 67-2322," a copy of which is
attached hereto, with Boise County to transfer and convey the Fire Engine to Boise County, state of
Idaho, without consideration as permitted by and in accordance with Idaho Code ~ 67-2322;
NOW, THEREFORE, be it resolved and the Board of Commissioners of the Meridian Rural
Fire Protection District hereby resolves as follows:
1. The Chairman and Secretary are hereby authorized to join with Boise County, state
of Idaho and to enter into that certain agreement entitled "AGREEMENT TO
TRANSFER PROPERTY PURSUANT TO IDAHO CODE ~ 67-2322," a copy of
which is attached hereto, with the Boise County, and to bind the Meridian Rural Fire
Protection District to its terms.
HAVING BEEN PASSED ON the day of , 20-, BY THE BOARD OF
COMMISSIONERS OF THE MERIDIAN RURAL FIRE PROTECTION DISTRICT.
Dated this _ day of
,20~
MERIDIAN RURAL FIRE PROTECTION DISTRICT
By
Chairman
MERIDIAN RURAL FIRE PROTECTION DISTRICT
Resolution No.
Page I
Attested:
Secretary
MERIDIAN RURAL FIRE PROTECTION DISTRICT
Resolution No.
Page 2