HomeMy WebLinkAbout2001 03-27
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CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, March 27, 2001, at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
X Tammy de Weerd X Ron Anderson
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
2. Adoption of the Agenda: Approve
3. Department Reports:
A. Treasurer's Department - City Treasurer Janice Smith:
1. Treasurer's Report: Presented
B. Public Works Department - Director Gary Smith:
1. Sanitary Sewer Easement Agreement with Laneyland,LP for
the Generations Plaza Alley: Approve
2. Well No. 18 Bypass Pipeline - Award of Contract: Approve
Irminger Construction $42,949.50
3. 2001 Wastewater Treatment Plan Water Line Project -
Award of Contract: Approve Irminger Construction
$67,694
4. Well No. 22 Land Lease with Bear Creek LLC: Approve
c. Parks and Recreation Department - Director Tom Kuntz:
1. Agreement with The Land Group, Inc., for Landscape
Architect Services for the 58-Acre Park: Tabled until April
3,2001
2. Agreement with David Beck for Construction Management of
the Irrigation System for Storey Park: Approve
Meridian City Council Agenda - March 27, 2001
Page 1 of 2
All materials presented at public meetings shall become property of the City of 'Meridian.
Anyone desiring accommcx1ation for disabilities related to documents and/or hearings, please contact the City Cler1(s
OffICE! at 888-4433 at least 48 hours prior to the public meeting.
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D. City Council President - Keith Bird:
1. Discussion on Ken Hamilton Presentations Water Bill:
Approve turn-on of Water
4. Resolution No. Declaring Surplus Property and
Authorizing Transfer to Lowman Fire Department: Tabled
5. Resolution No. 01-364: Election for Mill Levy Adjustment: Approve
6. Amending Ordinance No. 883: Re-codification of Ordinance No. 883
relating to the excretion of human waste: Approve
7. Presentation by Steve Siddoway of the proposed Street Dance:
Presented
f\neridian City Council Agenda - March 27, 2001
Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, p~e contact the City Clerk's
Office at 8884433 at least 48 hours prior to the public meeting.
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CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, March 27, 2001, at 6:30 p.m.
City Council Chambers
1. Roll-call Attendance:
Tammy de Weerd Ron Anderson
Cherie McCandless Keith Bird
Mayor Robert Corrie
2. Adoption of the Agenda: Approve
3. Department Reports:
A. Treasurer's Department - City Treasurer Janice Smith:
1. Treasurer's Report:
B. Public Works Department - Director Gary Smith:
1. Sanitary Sewer Easement Agreement with Laneyland,LP for
the Generations Plaza Alley:
2. Well No. 18 Bypass Pipeline - Award of Contract:
3. 2001 Wastewater Treatment Plan Water Line Project -
Award of Contract:
4. Well No. 22 Land Lease with Bear Creek LLC:
c. Parks and Recreation Department - Director Tom Kuntz:
1. Agreement with The Land Group, Inc., for Landscape
Architect Services for the 58-Acre Park:
2. Agreement with David Beck for Construction Management of
the Irrigation System for Storey Park:
4. Resolution No. Declaring Surplus Property and
Authorizing Transfer to Lowman Fire Department:
Meridian City Council Agenda - March 27, 2001
Page 1 of2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
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5.
Resolution No.
Election for Mill Levy Adjustment:
6. Amending Ordinance No. 883: Recodification of Ordinance No. 883
relating to the excretion of human waste:
Meridian City Council Agenda - March 27, 2001
Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommcxlation for disabilities related to documents and/or hearings, please contact the City Clerks
Office at 888-4433 at least 48 hours prior to the public meeting.
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CITY OF MERIDIAN
CITY COUNCIL REGULAR MEETING
AGENDA
Tuesday, March 27, 2001, at 6:30 p.m.
City Council Chambers
1.
Roll-call Attendance:
X Tammy de Weerd ~ Ron Anderson
X Cherie McCandless =L Keith Bird
x:: Mayor Robert Corrie
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2.
Adoption of the Agenda: Approve
3.
Department Reports:
A. Treasurer's Department - City Treasurer Janice Smith:
1. Treasurer's Report: p-re J~ed 1a'1 /2e~ c.
B.
Public Works Department - Director Gary Smith:
c.
Sanitary Sewer Easement Agreement with Laneyland,LP for
the Generations Plaza Alley: tljlPOf/UL--
Well No. 18 Bypass Pipeli~e - Award of ~onJJact: _
t-t/,}/H?v.e. JrrY'/l1j'~Y Cern J'r. 1$ 42-; C/1-Cf. 5?o
2001 Wastewater Treatment Plan Water Line Project -
Award of Contract: tI
t'tj/j/h/ve ../"rm/nJer (-onJf. 'PG"0694.tJ.!:
Well No. 22 Land Lease with Bear Creek LLC:
dl ;:? po v ..e-
Parks and Recreation Department - Director Tom Kuntz:
1.
2.
3.
4.
1. Agreement with The Land Group, Inc., for Landscape
Architect Services for the 58-Acre Park:
-fa~ U/JvfJ? 4-3-0( ~
2. Agreement wjth David Beck for Construction Management of
the Irrigation System for Storey Park:
CZj/rro v--e. Ii 21 q >&1. 0$
3 ~ WeddinJ,r dJ{ 6-VJ-...e.-lt:?/f-~jJla2a- - Pdr'c;J / fJrocedWt-Z
/00 k- aX t? ~ jJ CV/.. k.J: - cd-/e.J ;;n o;rh 'on..s
Meridian City Council Agenda - March 27, 2001
Page1of2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommoc:lation for disabilities related to documents and/or hearings, please contact the City Clerk:s
Office at 888-4433 at least 48 hours prior to the public meeting.
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D. City Council President - Keith Bird:
4.
Discussion on Ken Hamilton Presentations Water Bill: f? 17 '. - l' '?/~h':-
ILtzV'e f.,.Ja,I-e-1,'Iz(/Vh~ - /dJa.t qo ~ '/Jl7Md (JJr c.'lUJM./~ e
Resolution No. ~ : Declaring Surplus Property and
Authorizing Transfer to Lowman Fire Department: ~ 4-17-0/
Resolution No. &/- 3 G 1-- : Election for Mill Levy Adjustment:
1.
5.
6.
Amending Ordinance No. 883: Re-codification of Ordinance No. 883
relating to the excretion of human waste:
~rov-<--
S'kv~ Sice.cfoWCU;j ~ J1ru-f devncz w;~ tfJP~~3
01 6~d/~ (J/ct2CL- II. <- di'Jcu,j,r-e.cz-
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Meridian City Council Agenda - March 27, 2001
Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accOOlmextation for disabilities related to documents and/or hearings, please contact the City Clerk's
Office at 888-4433 at least 48 hours prior to the public meeting.
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City Council Meeting Minutes
Tuesday. March 27. 2001
The regularly scheduled meeting of the Meridian City Council was called to order
at 6:30pm on Tuesday, March 27, 2001 by Mayor Robert Corrie.
Members Present: Tammy de Weerd, Cherie McCandless, Ron Anderson, Keith
Bird.
Others Present: Gary Smith, Shari Stiles, Bill Gordon, Bill Nichols, Steve
Siddoway, Tom Kuntz, Leslie Howard, Reta Cunningham, ~en Bowers, Pauline
Skeggs, Will Berg.
Item 1.
Roll-call Attendance:
X Tammy de Weerd X Ron Anderson
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
Corrie: Before we go into the Adoption of the Agenda and Department Reports
and the regular agenda, I would like to go into Executive Session just for about
10 minutes to take care of one issue that needs to be taken care of. Is Pauline
here?
Bird: Yes. Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we go into Executive Session by Idaho State Code 67-2345
section B.
Anderson: Second.
Corrie: Okay, Motion made and seconded to go into Executive Session
according to code. All those in favor say aye.
MOTION CARRIED: ALL AYES
Corrie: Pauline if you will come in as well.
(Regularly scheduled meeting reconvened)
Corrie: I will entertain a motion to come out of Executive Session.
Bird: So Moved.
De Weerd: Second.
Meridian City Council Meeting (""
March 27,2001
Page 2
Corrie: Motion made and seconded to come out of Executive Session. All those
in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Corrie: I would like to ask if we could add Steve Siddoway. He wants to talk to
you about the possibility of having the opening of the Generations Plaza and
having a street dance on June 1, 2001. So he could talk to you on Item No.7 if
that meets with the Council's approval. Any thing else that needs to be added or
deleted? Tom.
Kuntz: Were you planning to bring up weddings in Generations Plaza? Could I
add that?
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Corrie: You can add that to No.3.
Kuntz: Thank you.
Corrie: Tom would like to add to No.3 weddings at Generations Plaza. So we
will be adding Item Nos. 7 and C-3.
Item 2.
Adoption of the Agenda:
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we adopt the agenda as noted adding 3C, weddings at
Generations Plaza, and item number 7, Generations Plaza opening dance by
Steve Siddoway.
McCandless: Second.
Corrie: Motion made and seconded to accept the agenda as adopted. All those
in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Item 3.
Department Reports:
A.
Treasurer's Department - City Treasurer Janice Smith:
1. Treasurer's Report:
Cunningham: Hi, Mayor and Council. I am here filling in for Janice, and we gave
you your expenditure reports, your monthly reports, last Wednesday. They
Meridian City Council Meeting (
March 27, 2001
Page 3
should have been in your box. I am just here to see if you have any questions,
and Janice assured me you would not.
Corrie: We never do when she is not here.
Bird: No, but I wish my investments that I had personally were making what ours
is.
Corrie: Is everything about on track as far as where it ought to be percentage
wise with how much of the year remains?
Cunningham: Yes, pretty much. Some things we just get like a lump sum that we
just get one time a year. Some things look like they have not coming in or are not
coming in but they just come in at the end of year.
Corrie: We got our tax assessments so we have money in the bank again.
Cunningham: Yes, we got money in January. We should get another million-plus
in August.
Bird: Our revenue percentage wise looks pretty good. Some are behind as
normal, but others are up. Percentage wise the expenditure on the budget, is that
normal? I mean some of them are over the percent that it should be, but some
are way under.
Cunningham: Yes, it is just kind of hard to say especially on the salaries right
now. We are running off on that.
Bird: Which we knew we would. I like this format a lot better than the old ones.
Cunningham: Do you?
Bird: Yes, I like this format. I can read it. If I can read it anybody can.
Corrie: But can you understand it?
Bird: No. I can read it though.
Corrie: Any other questions?
Cunningham: Thank you.
Bird: Thank you, Reta.
B. Public Works Department - Director Gary Smith:
Meridian City Council Meeting (
March 27,2001
Page 4
1. Sanitary Sewer Easement Agreement with Laneyland, LP for
the Generations Plaza Alley:
Smith: Thank you Mr. Mayor and Members of Council. The first item is the
sewer easement to the Generations Plaza Alley. This is an easement across the
length of the alley that was vacated by the owners of the Generation Plaza
project, Laneyland, LP. We have a sewer line under that portion of the vacated
alley, and so this easement just guarantees us access to that length of sanitary
sewer line under the vacated portion of the alley between the two Generations
building projects. The easement has been signed by Steve Laney, and I have
checked it over. The description coincides with the description of the vacated
alley, and we have added an exhibit entitled Exhibit A, which is a map that shows
the extent of the easement. So far from that standpoint, I recommend that the
Council approve this easement for recording.
Corrie: So you did get a detailed drawing?
Smith : Yes, sir, I did.
Corrie: Do we have any questions for Gary?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I move that we approve the sanitary sewer easement with the Laneyland,
LP and the City of Meridian at Generations Plaza for the Mayor to sign and the
Clerk to attest.
Anderson: Second.
Corrie: Motion made and seconded to approve the sanitary sewer easement
agreement and the Mayor to sign and the Clerk to attest. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Smith: Thank you Mayor. Thank you Council.
2. Well No. 18 Bypass Pipeline - Award of Contract:
Smith: This project was declared as an emergency in January by Council, and
we subsequently have some plans prepared so that it could be bid. We solicited
because it was under emergency declaration three bids or three quotes from
Brown Construction, Irminger Construction, and Sommer Construction. Irminger
and Sommer responded with quotes and they are listed there on your sheet.
Meridian City Council Meeting (
March 27, 2001 '
Page 5
Irminger was low at $42,949.50. From that standpoint, we would recommend that
the contract be awarded to Irminger Construction in that amount $42,949.50 to
authorize the Mayor to sign and the City Clerk to attest.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion then that we award the contract for Well No.
18 Bypass Pipeline to Irminger Construction in the amount in of $42,949.50 and
authorize the Mayor to sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made and seconded on the approval of Irminger Construction for
$42,949.50. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
Smith: Thank you Mayor and Council.
3. 2001 Wastewater Treatment Plan Water Line Project -
Award of Contract:
Smith: This is a water main that will be installed to provide fire protection and
adequate water pressure at the Bio-salos Dewatering Facility. Presently we have
a 50-gallon per minute on site well, and our fire hydrant is a draft hydrant out of a
process basin. With all of the construction this will provide a much needed fire
protection system and along with that a much needed water supply for the Bio-
salas Dewatering Facility. We received six bids. Irminger Construction again was
the low bidder at $67, 694, second bidder was Star Construction at $68,632.40
approximately a $1000 difference between the two bidders. We would
recommend award of this bid to Irminger Construction Corporated in the amount
of $67,694 to authorize the Mayor to sign and the City Clerk to attest.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: I would move that we award the contract for the Wastewater Treatment
Plant water line project to Irminger Construction for $67,694 and for the Mayor to
sign and the Clerk to attest.
Anderson: Second.
Meridian City Council Meeting (
March 27, 2001
Page 6
Corrie: Motion made and seconded to award the contract to Irminger
Construction for $67,694. Any further discussion? Hearing none, all those in
favor of the motion say aye.
MOTION CARRIED: ALL AYES
Smith: Thank you Mayor and Council.
4. Well No. 22 Land Lease with Bear Creek LLC:
Smith: The plat has not been recorded yet and so property cannot be transferred
to us for the well site by a deed. In that regard, we have to have some kind of
agreement with the landowner in order to proceed with the well construction
through the Idaho Department of Water Resources. They are requiring that we at
least at the minimum hold a lease for the well site. Brad Watson from my office
has worked with our city attorney and Bear Creek LLC to develop this lease, and
a copy of that lease is attached to your packet. We would request that City
Council approve this land lease agreement for Well No. 22 between the City of
Meridian and Bear Creek LLC. Authorize the Mayor to sign and the City Clerk to
attest.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make a motion that we sign the land lease Agreement for
Well site No. 22 between the City of Meridian and Bear Creek LLC and authorize
the Mayor to sign and the Clerk to attest.
Bird: Second.
Corrie: Motion made and seconded to approve the land lease with Bear Creek
LLC, Well No. 22. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
Smith: Thank you Mayor and Council.
Corrie: Thank you Gary.
c. Parks and Recreation Department - Director Tom Kuntz:
1. Agreement with The Land Group, Inc., for Landscape
Architect Services for the 58-Acre Park:
Kuntz: Thank you Mayor and Council. The first item I have for you tonight is an
Agreement for professional services from The Land Group to provide design
specifications for phase one of the 58-acre park. The amount of those services is
$82,200. There is a memo attached to your packet showing that that is 6.90/0 of
what we estimate our construction budget is of 1.2 million dollars. I have also
included in your packets a memo dated March 7, 2001 that basically goes
through the selection process that we used to come up with the consultant for
this project. With that we are asking for Council's approval to enter this contract.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Tom, how many bidders did you have on this?
Kuntz: Two sir.
Bird: How far - well they are two applicants.
Kuntz: Request for qualification.
Bird: Or request for qualifications.
Kuntz: The feedback we got was it was a fairly short time line and that we were
asking for a three-month turnaround. I know one did not submit because they
had just received another project in Eagle and did not want to stretch their
services to thin.
Bird: What was the difference Tom between the two?
Kuntz: There was not a dollar amount -
Bird: Percent?
Kuntz: There was not even a percent. Legally, by state law, we cannot do that.
We just went through and evaluated the RFQs on which company we felt was
best qualified to provide the service, and at that point we sat down and
negotiated with the first firm. Then that is the proposal we have on there.
Bird: And 6.9 percent that seems like it is probably within the realm of the
industry.
Kuntz: Yas sir.
Nichols: Mr. Mayor and Members of Council, Tom had gotten to me the first part
of this agreement. The one that does not have any page numbers on the bottom.
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Meridian City Council Meeting \
March 27, 2001
Page 8
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It is marked Exhibit 8. I have not had the time to fully go through it, and then just
today got Tom delivered the 8141AiA document. I note that it is the 1987 version,
which is actually better for us than the 1997 version, but I need some time to look
through it. I can have it done by next Tuesday. Tom I also note that the form 201
standard conditions that usually go along with this 141 form, I do not see those
there either, and we need to know what they proposed. They are referred to in
this 141 form, but it i.s not with it so we need to they are if they are all general
conditions or just some of them. So we will need those to review as well.
Kuntz: What number was that Mr. Attorney?
Nichols: It is called form 201, it is a general condition form. I could be wrong on
the numbers, but I believe as if this was not enough standard conditions they
have another document that has some addition conditions in it. You have to
make sure that you have both of them when you look through the contract.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: With that I would move that we table this request for the agreement until
April 3, 2001 at which time the attorney can look through the AlA documents and
make sure everything is secure and everything.
De Weerd: Second.
Corrie: Okay, Motion made and seconded to table the Agreement until April 3,
2001, the attorney to go over it to make sure everything is in proper order. Any
further discussion?
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I just wanted to scold Tom. One of the things that we have been
harping on all of the other Department heads is that if we do not have information
by Friday, we are not going to take action on it. I would just caution you on the
same thing because we would all like to have a chance to read and digest those
items before we are voting on them. So just seeing them the night of the meeting
and we have enough other stuff on the plate that it is hard to read those through
thoroughly, so I would ask that you try to comply with that also.
Kuntz: Yes, sir, and I understand.
Corrie: Any other discussion? All in favor of the motion say aye.
Meridian City Council Meeting (
March 27,2001
Page 9
MOTION CARRIED: ALL AYES
Corrie: That will be on the agenda April 3, 2001 Tom.
Kuntz: Thank you.
2. Agreement with David Beck for Construction Management of
the Irrigation System for Storey Park:
Kuntz: Item 2 is a professional service agreement with David Beck and
Associates, Inc. to provide construction administrative services for the installation
of the new Storey Park irrigation system. The fee is $2,950 and it was included in
the original budget for the project approved during the budget process last year. I
ask that you approve that so we can move ahead with that project.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Now is this a Construction Management, is he a Construction Manager or is
he an engineering firm?
Kuntz: Council member Bird, it is construction administration. I have been told
the difference is that management is day to day. Construction administration is
making sure that the system is built as per design specifications.
Bird: Who is designing the system?
Kuntz: David Beck and Associates.
Bird: Okay, so he is the professional designer, then he will also see that it is
taken care of.
Corrie: Mr. Bird anything else?
Bird: I have nothing Mayor, thank you.
Corrie: Any other questions? The question is the agreement. Do we accept it or
reject it?
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
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Meridian City Council Meetinp {
March 27, 2001
Page 10
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De Weerd: I move that we approve the agreement with David Beck for
construction management on the irrigation system at Storey Park for $2,950 for
the Mayor to sign and the Clerk to attest.
Anderson: Second.
Corrie: Motion made and seconded to approve the agreement of the David
Beck construction management of the irrigation system for Storey Park. Any
further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Kuntz: Council, the last item I have, we have been approached by Smokey
Mountain Pizza who was approached by an individual who wanted to hold their
wedding in Generations Plaza. I guess I would like to get a consensus if possible
from the Council tonight if that is something that they want to allow, and if so we
will work towards a policy and fee schedule to allow that to happen.
Corrie: Discussion?
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: Tom, what is the policy of Ann Morrison, and what is Boise's policy on
weddings in their parks? What is our policy at Storey and Tully and that? Or do
we have one?
Kuntz: Council Member Bird, our policy is that we rent the shelters for whatever
use so people can rent them for weddings or barmitzvah or whatever they would
like to. This is considered a special park so it is a little different in nature. I think it
is definitely something that we could work out. We would like to bring back the
policies and fees back to the Council, and I am not aware of what Boise's policy
is. I am assuming that they probably have contingencies to deal with weddings to
rent those areas out. But we can certainly do some background check on that
and bring this back to you. I guess I just want to get a feel.
Bird: I think it is great even though I do not have a leash.
Corrie: I think if somebody wants to get married there and is willing to have the
people of the public at them and be with them and represent them. I think that
should have a stipulation that it is only performed by the Mayor at a $100 a time.
r think it is good. When you asked me I did not think that the Council would
object, but I did want them to be aware of it, and they can tell you whether they
approve or not because it is everybody's park. Anybody else have any other
comments? Other than it would be all right and just look into and see what you
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Meridian City Council Meeting \
March 27, 2001
Page 11
can come up with, and then we can bring it back. I do not suppose we even need
a motion to approve it. Just to get an idea of what it is, we will let everybody
know. If anybody has any objections to that after you find out we can bring it
back.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I just had one comment. I think it could be a great location, and I do
not know how you could stop people from having a wedding in a public park. It is
public access. My only concern would be that parking is very limited in that
downtown, and we might want to try and encourage the wedding to take place
during certain hours of the day or something so that we were not disrupting
downtown business too much. That would be my only thought.
Corrie: I do not think we will have a big rush of people wanting to get married
down there.
De Weerd: Inaudible
Corrie: Oh, good point. Thank you Tom.
Kuntz: Thank you, Mayor and Council.
D. City Council President - Keith Bird:
1. Discussion on Ken Hamilton Presentations Water Bill:
Bird: Mr. Mayor, I am sorry I called Will Saturday. I did not realize that you were
still out of town. So I asked him to add this on. We have a problem up the
speedway with the water bill. With a bankrupt company that subleased it from
Kenny Hamilton Presentations who leases it from Meridian Dairy Show Board. As
I understand it Kenny is here if you would like to come forward and tell you, they
sent us some stuff and I hope Leslie is here because I want to ask her if our
Ordinances followed in this deal. If you read our Ordinance the City Clerk was to
send out stuff and everything to the owners of the property. With your permission
if Kenny wants to come forward and explain the deal.
Hamilton: Mr. Mayor and Members of Council what is I did lease the property to
Turbo Entertainment for the years 1999 and 2000. Previous to that from 1989 to
1998 I ran the facility myself. In that period of time I paid the bills to the city. At
the time I subleased the property they were to go to you people and have
everything put into their name, not only you people but also everyone that it took
to run that business. In October of the year 2000 I knew that I had it back. I heard
that they were finally bankruptcy. I did not know exactly whom the parties were
Meridian City Council Meeting (
March 27,2001 .
Page 12
that bankruptcy was going to filed on. I did not realize that you folks had anything
being filed on you until approximately the 15th of this month which Mr. Whitaker
contacted me and wanted to borrow some money from me to pay you folks for a
check that he had written sometime in 2000. I told him I was not a bank. I did not
know what he owed you the money for, but he just said that he had written you a
check. Then on I think the 19th of March I called to have the water on - back in
October I asked the water to be shut off and at that time no one mentioned to me
that there was money owed to you people. So when I asked for the water to be
turned on on the 19th then over the phone with my secretary, she was told that I
owed you $8200. First knowledge to me other than the $2400 that Mr. Whitaker
had asked to borrow. I assumed is what he must have owed you people and he
needed to pay that off for a bad check apparently. I assumed it was paying you
for the utilities. So anyway to make a long story short, you folks have in your
Ordinances that the landowner is responsible for the billing, and basically
landowner comes back to me because I have an open end lease with the Dairy
Association for as long as I am going to be there or want to be there. I went back
and looked up with my attorney the Ordinances, and I feel that it is a terrible deal
that we have an $8200 bill here. Had I been notified as landowner or Dairy
Association notified which they would have notified me past the 30 day or 40 day
turn off notice on water back in the year 2000. I had in my contract with Turbo
Enterprises that I could shut the facility down for any bills not being paid. I could
have closed them down at that time and or got you your money at that time or
taken care of the bill. But by not knowing it goes to an amount of $8200 and the
service not being shut off, had the service been shut off I am sure that not only
Turbo Enterprises would have contacted, but you folks would have contacted me
also prior to that I am assuming. But it did not happen. I did not find out until last
week. What I am asking you folks is, is there not some way because of neglect
somewhere along the line and myself or the Dairy Board being notified of this bill
being delinquent because we are property owners so to speak. I feel responsible
for the first 40 days of that bill because I subleased to them, but after that I feel
that there needs to be something worked out between us on the rest of that
moneys due. Because we were left in the dark, any other landowner, private
landowner, the service would have been turned off after 30 days. This being
commercial business I was not sure of your ordinances, but apparently you have
an ordinance that is similar for the commercial property, and the service should
have been turned off back whenever the bill started accruing or not being paid on
the 30 days plus 10 days extension. So what I am asking is -
Bird: So was the balance, Kenny, when you gave it to them was all of the water
paid off? You did not give them a balance on -
Hamilton: No, no when they took over from me there was no balance due.
closed down in 1998.
Corrie: Kenny, I have some correspondence here I need to have you clear up
for me just if you would. You had a to may concern of February 15, 1999 that you
Meridian City CouncH Meeting (~-
March 27, 2001
Page 13
stated that Ken Hamilton subleased the Meridian speedway for the 1999 season
then from February 15, 1999 all charges for the Meridian speedway will not be a
responsibility of KHP Inc. Then there was phone call that come in on March 5th of
that same year that stated that you wanted to have a refund check sent to you.
He is no longer leasing the speedway. I am confused on my timing here. There
was $33.67 that was returned to Kenny Hamilton. Now was that speedway not
leased after March of 1999 to anybody?
Hamilton: Yes, it was leased in 1999 to Turbo Enterprises. Probably at that point
in time somewhere in there, Turbo took over in 1999. And m.aybe they had had
the water turned on in their name and I had an excess in my account that you
returned that portion back to me.
Corrie: Okay, so Whitaker and Latham is that -
Hamilton: Tony Whitaker and Dave Latham. Yes, it should have gone to their
name in 1999 probably March or April whenever they had the water turned on or
requested it to be turned on.
Corrie: Okay, because it showed that as of March 1999 nobody was leasing at
that time. It says here that he is no longer leasing the speedway.
Hamilton: That is a letter from me that you are saying there was no longer a
leasing -
Corrie: It was a phone conversation that you asked for the refund, then we sent
you the refund back. I was just trying to get the dates straight on this.
Hamilton: It should have said no longer running the speedway. I was still leasing
it.
Corrie: Oh, okay.
Bird: The refund on January 27th, there is letter from Caroline Domme explaining
that refund.
Corrie: Right. And then he got a check for $139.87 and there is another refund
for $33.67. Because the dates were kind of confusing to me on that.
Hamilton: And those were probably refund checks from the 1998 season.
Corrie: I just wanted to clear it up so we know where the money has gone. I
think we have an ordinance situation too Mr. Nichols that needs to be looked at. I
do not think the City Clerk does that anymore. But if we have not changed the
ordinance .1 think Kenny is probably right, we have an ordinance situation here.
Council, any questions that you might have here?
1" -
Meridian City Council Meeting (
March 27, 2001
Page 14
Bird: I do not have any for Kenny right at this point, but I have some for Leslie.
And I think the whole Council is flabbergasted that we would let an account get
this large without notification or turn-off. Being involved with the speedway 17
years before Kenny was I will tell you back in those days if we did not pay ours it
was turned off. What would be the explanation of not turning off or notification or
turn off every month we do this. We past a turn-off date list at that point. I have to
go back and look at mine and see if these people were listed on the turn-off list. I
will go back last year and look in my deal. I have not had a chance to, but Gary
can you give me any reason why they would not have been - the Dairy Show
Board is owner of the property would not have been notified? You are not talking
about an $80 bill, we are talking about $8000.
Smith: Councilman Bird, Mr. Mayor and Members of Council there was a letter
that you have in your packet from Kenny Hamilton that outlined that he was no
longer responsible for the charges at this location. In that regard, there was
information left with our municipal billing system that the billing was to be sent to
Tony Whitaker or Dave Latham doing business as Turbo Entertainment I believe.
Subsequently the bills were sent to them, and I went back through the account
activity today with Leslie's help. The meters at that location were turned off in
June for nonpayment, one of the meters was. Following that turn-off we did
receive payment. In August they were on the turn-off list again and that particular
month they were not turned off. The reason they were not turned off is because
of the number of turn offs that we had to do within the day that was authorized for
turn-off. So the commercial accounts were not turned off. In September they
were turned off. Both meters were turned off for nonpayment. Following that turn-
off the city received payment of approximately $2436 and that was the non-
sufficient fund check that was issued by I think Mr. Whitaker signed it. At that
point on October 18th the meters were again turned off. So with the exception of
the August turn-off list the meters were turned off as delinquent. I did not follow
through all of the amounts, the costs that are due to get to the $8000, but they
were notified of turn-off. They were turned off for nonpayment and turned back
on when payment was received with the exception of August. In think on the last
turn off not last time but the time before last, we had a discussion about the
length of time that is was taking us to turn all of the meters off and at that
meeting I was instructed that if it took two days to turn them off it would take two
days to turn them off. They were all going to be turned off, and we initiated that
policy. That is a little bit of the history that I know of the account, and Leslie may
have some more information that she can give to you. Does that explain that
question Councilman Bird?
Bird: It does.
Smith: Thank you.
Anderson: Mr. Mayor.
Meridian City Council Meeting (
March 27, 2001 -
Page 15
Corrie: Mr. Anderson.
Anderson: I had another question. I do not know whom it is for, maybe Leslie,
but what is the City's process or our procedure for notifying businesses if
somebody is late? We notify the occupant then if they do not pay then we notify
the owner? Obviously, we have other buildings in town that are owned by one
individual and then get leased out to somebody else, what is our process for
doing that?
Howard: Generally what happens is a billing directive is filled out by the
landowner or the homeowner giving us permission to mail the bill to that
individual occupying the home or the business. Normally by turning them off that
takes care of the situation. However, in this instance a billing directive was never
filled out by Kenny, and I am not sure whether he was advised to come in and fill
one out. When the bills where returned to us with an insufficient address, we put
this address on there and left it in the name of Meridian speedway assuming that
Meridian speedway was the owner, and they were getting them. It has been in
Meridian speedway's name since before I started doing the billing here. I had no
idea that the Dairy Board was the owner of the property until the check came
back and we could not find anyone to pay the non-sufficient fund check so we
called the assessor's office to try and contact whoever owned it. That is when we
found out that the Dairy Board owned the property.
Anderson: So we went ahead and turned it on without having this letter filled out
that would tell us -
Howard: We did not turn the water off when Kenny paid the bill totally. We do not
stop service in-between renters or purchasers, buyer, seller; we do not stop
service. We continue it.
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: But what Ron was getting at I think Leslie was Kenny in January or
February overpaid and he got the returned check in 1999. And in March then he
sent a letter stating that it would be turned over to Turbo. The water was not on
up there at that point. The water had been turned off in October 1, 1998.
Howard: When someone calls in and requests that the water be turned back on,
if there is not a bill owing on the account we turn it on.
Bird: That is what Ron was saying, but when you turn on to somebody that is
leasing a building you said there is a letter that they have to fill out that tells who
the landlord is if they do not pay is going to be responsible for it.
.-"
Meridian City Council Meeting (
March 27 I 2001
Page 16
Howard: Correct.
Bird: And we did not get this on the -
Howard: I was not the one that did this, but alii can assume is that Kim who was
in the billing position at that time called to find out an address where to send the
bill because she has notes on the bottom of the letter that you have in your
packet, and there is a cell phone number and a message number, and then she
have a 213 East 37th address on there where we were sending the bill. It was still
under Meridian speedway's name, and if the bill is getting to the appropriate
person, we assume that the bill is getting to the appropriate person, if it is not
being returned to us.
Hamilton: I did not understand or I guess I did not know that I was to fill out
papers as a landowner or landlord so that these bills would be sent to me
directly. Assuming that after 50 years of the Dairy Board owning the property that
they would be registered as owners. They have a mailing address. I still receive
my mail since 1989 at PO Box 158. I still receive things from Meridian City to that
post office box. I did not receive anything probably like she says because I had
requested that the bills be turned over to them. Had I known that I was to have
filled out papers which I did not know and no one had every approached me on
filling out papers so that the bills could be sent to myself directly and or to the
Dairy Board. But apparently previous to my tender and it was Keith and Leroy
Nielsen prior to myself somewhere along the line I am assuming that the Dairy
Board has received correspondence from the city on that property. I do not know
what that address may be because I deal with directly on all of my issues. Again,
I would have like to have been notified realizing that I had written a letter saying
that I am not responsible for the bill. In essence with the situation I have with the
Dairy Board, I am basically landowner, so I am asking you folks how can we
resolve this? How can I get my water turned on now? I am the one that called in
October of 2000 to ask for the water to be turned off because it was getting cold.
I knew the water lines would freeze up out there so I called and had it turned off,
and then I blew the lines out. I had Robin call to turn it off so no one - you did not
turn the services off because of the delinquent bill. We called to have it turned off
so that I could blow waterlines and not freeze my pipes. Again, if I had known at
that point in time that there was a delinquent bill possibly I could have done
something, but they had already filed bankruptcy or were going to file bankruptcy.
Again, I was out of that loop so I did not have the privy of who they were filing
bankruptcy on. But $8200 is financially impossible for me to pay on a bill that I
really do not feel that I incurred the total amount. I am will to pay a reasonable
amount, but I am asking that we have some sort of a resolvement here on the
amount because we were not notified. We meaning the Dairy Board and myself.
Corrie: Who owns the land?
Meridian City Council Meeting (
March 27,2001 '
Page 17
Hamilton: The Dairy Association owns the land.
Corrie: And then you lease from them?
Hamilton: I sublease from them, open end, and I meet with them at every board
meeting. I am like a board member, so what goes on there I know. And what I do
they know.
Corrie: Does the Dairy Board have a mailing address? And they have had it for
several years?
Hamilton: They have had it for 50 years probably-
*** End of Side One ***
Hamilton: -- and they are the ones who pay taxes, City, County, State taxes, on
the property. I had turned my beer license, which I buy through the city so that
Turbo could rent them during the time that they were running it. But I still have
my same address. Like I said I still receive correspondence from the city, the
chamber, from other members of the city here in my PO box, which is, still the
same.
Anderson: It sounds to me like under our policy the way Leslie stated it to me
probably what we ought to have is the mailing and address for the Dairy Board
and you are actually a leasee from the Dairy Board. Since they are the owners of
the property, and then any of our correspondence would go to them. Any time
they lease that to anybody then the form that Leslie was talking about should be
filled out in my mind before we give service to those people, so we know who to
send the bill to. Then if that becomes delinquent then the bill would get sent to
the Dairy Board and obviously as owners of the property they would have a best
interest in getting that bill resolved as quickly as possible. But that does not
resolve the current situation. It sounds like from what I am hearing is we probably
need to improve our billing process and our notification process. I would suspect
that we probably need to step up to the plate and accept some of the blame for
this amount getting as high as it was. It should never have gotten as high as it is.
I have no idea how to even begin to figure out what would an equitable
settlement for the bill though.
Hamilton: May I ask this then, I need service out there. I paid for my service 10
years prior to, over paid as stated here. I talked to Mr. Berg about possibly
paying some, getting the service turned on, you folks make a decision of where
we may be that would be operable to both of us. And I continue to pay whatever
that difference may be through the season. I have no way of generating an
income until the racetrack opens. So financially this bill is putting me down, I
definitely need your assistance on an adjustment on the bill is what I am asking
for, and a way to get my services turned on now and continue on, and I will do
Meridian City Council Meeting (
March 27,2001
Page 18
whatever you decide on amounts to be paid. I would like to be able to work that
out with Will and I think my track record shows that I will pay my bills and do pay
my bills so that I can get this service on and pay you folks for this back debt.
Bird: Kenny, what in the devil of October of 1999 would use out there at
speedway use 45,000 gallons of water?
Hamilton: Absolutely nothing.
Bird: What a minute, 2000, last October.
Hamilton: In October there was no one even out there except I had Robin and
Brent out just cleaning up the facility. No one else was there, and we had it
turned off near the first of October.
Bird: Well, you used 136,000 gallons in November.
Hamilton: It should have been turned off. In fact it was the end of September
because in October I had left town. I asked for it to be shut off in October. So we
had no water service there in October.
Bird: Gary, what is your turn off date?
Smith: For October?
Bird: For 2000.
Smith: It was October 18th they turned it off.
Bird: Would you tell me why we got that many gallons in November.
Smith: I have no idea Councilman. I do not know.
Hamilton: I realize there is turn-off date that you folks meet, but in the past when I
have called and requested a turn-off time within 2 days it has been turned off.
Whether it be an 18th or the 1 st, whenever I have called. That is why I assumed
that when we called it was like the very next day it was turned off. Robin was told
it would be the next day, and that is when I made arrangements to have the lines
blown out. So I am not sure of that date exactly.
Smith: Mr. Mayor and Members of Council we will recheck these usages and
make sure that the gallons are correct because if it was turned off on October
18th that usage would be part of September use. When was your last activity out
there Kenny? What was the date of you last activity?
Bird: The first of September.
Meridian City Council Meeting (
March 27,2001
Page 19
Hamilton: I do not know because I was not running the facility. I assume that it
would be somewhere mid-September.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: Mr. Mayor and Members of Council sometime in the fall there was a
rap concert out there. I doubt they used that much water, but I believe there was
some event during that period of time. I think it was in the fall when that gangster
rap concert was at the speedway. Mr. Mayor I have a couple questions for Mr.
Hamilton if I may.
Corrie: Okay.
Nichols: Mr. Hamilton in your sublease to Turbo Entertainment did you get all of
your rent payment?
Hamilton: Yes I did.
Nichols: Did they pay you on an annual basis or a monthly or how did they pay?
Hamilton: They paid annually.
Nichols: Okay, thank you.
Bird: Up front?
Hamilton: Yes, I got paid before the season opened.
Bird: Okay. Mr. Mayor I have a question for Mr. Nichols.
Corrie: Okay.
Bird: Being in bankruptcy and I take this is shown of one of the debits? We are
one of the creditors?
Nichols: Councilman Bird, Mayor, and members of the Council I did look on the
bankruptcy courts website. It seems to me the City of Meridian was listed as a
creditor, but I do not remember for sure. I just to verify the fact that Turbo
Entertainment had pulled the plug and to see when that happened. In
conversation with Mr. Hamilton's attorney today, Mr. Hamilton's lease or
sublease is actually with the principals of Turbo Entertainment and not with Turbo
Entertainment itself. So there is through his sublease he may have - I mean the
well may be dry. They may be poor as church mice, but the company itself that
Meridian City Council Meeting (r
March 27, 2001 "
Page 20
has taken out bankruptcy was not the subtenant according to Mr. Williams today.
The only reason I bring that up is that Mr. Hamilton may have a means of getting
this money out of these individuals, who are buying the company. And I think that
was offered as a potential resolution was that if he could get something out of
them on the bill he would turn it over to the city.
Hamilton: Yes, Mr. Williams brought that to my attention this afternoon. That is a
direction that I may go, but in fact will go if that is what we need to do here, but
that does not solve my issue right now. So that is why I am here tonight.
Corrie: You are actually wanting the water turned back on.
Hamilton: Yes.
Corrie: Okay, there was another procedure that could have been followed here,
but my suggestion here is to the Council and they can take it for what it is worth
is that we put this back into Kenny's name. We turn the water back on, and then
try to figure out what the Equalization Board, which Gary and I and Will Berg
members of it, and try to figure this thing out for him. Then that will give you time
to see what you need to do with your attorney and then we can check with ours.
Then we can get you to have your water back on. At least you will have that. It
will give us some time to work this thing out because we are not going to solve it
in 10 minutes. And I think it would probably be easier for Gary to go through the
figures and facts and with Leslie and myself and go through that board and meet
with you. And see where we are and if we cannot come to some solution we can
bring it back here, but I do not have any doubt that we will take care of it one way
or the other. In order to get your water back on, I think if we just put it back in
your name or the Dairy Board, however they want to work that out-
Hamilton: Back in my name.
Corrie: -- and then you are responsible for that, and we can go from there. Of
course I cannot vote unless there is a tie. We will let the Council chew on that
awhile and see what they would like to do.
Bird: I agree with you Mayor. If you want I will make a motion to that effect.
Corrie: Okay, hang on just a second.
Nichols: Mr. Mayor and Members of Council I would suggest that if we are going
to jump through these hoops Leslie has a billing directive and the billing directive
can be signed by the Dairy Board that says send the bill to Ken Hamilton
Presentations, Inc. That way it is all squared up. Dairy Board knows where that is
at, then if you sublease it to somebody else what has to happen then is the Dairy
Board then has to direct that that billing be sent to that subtenant. So that the
Dairy Board understands that if this ever happens again and the subtenant does
Meridian City Council Meeting (
March 27 I 2001
Page 21
not pay, the Dairy Board is on the hook even though they may not have received
the bill because they have said in that billing directive send this bill here.
Otherwise they would be free to say send the bill to us; we will collect it from our
tenant and do that way which is what some do. Just in order to clean up our
process here, which is what this gives us a chance to do. The billing directive
would need to be signed by the Dairy Board.
Hamilton: Mr. Mayor and Mr. Nichols I agree with that. My situation with the Dairy
Board is that I was completely responsible in subleasing to anyone else. So
possibly I need to fill out one of these papers, I probably do not plan on
subleasing it again after this experience, but I better fill out one of those forms
also so that I receive those bills. Because my track record shows that I pay that I
my bills, and I do it like it is supposed to be done. I would just like to thank you for
your time, Mr. Mayor and Members of Council, and I appreciate anything you can
do for us here.
Corrie: With that, Keith go ahead.
Bird: I will make a motion that we allow Kenny Hamilton Presentations to have
their water turned back on at the Meridian speedway with the proper papers
signed between Kenny Hamilton Presentations and the Meridian Dairy Show
Board. Also if they do not pay it gets turned off. We do not let it run. Then for the
Equalization Board to sit down and see if they can resolve the back money.
Anderson: Second.
Corrie: Okay, Motion made and seconded to turn the water back on for the Ken
Hamilton Presentations and to have him and the Dairy Board sign the proper
papers, and the Board of Equalization will work with Kenny and the rest to work
this out for you. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
Corrie: Thank you Kenny.
Bird: Mr. Mayor.
Corrie: Yes.
Bird: Thank you, Leslie and Gary. We appreciate you guys coming in.
Corrie: Yes, thank you very much.
Item 4.
Resolution No. : Declaring Surplus Property and
Authorizing Transfer to Lowman Fire Department:
Meridian City Council Meeting (
March 27, 2001
Page 22
Corrie: Is there some paper work on this one yet, Kenny? Oh, it is right here.
We have it.
Bowers: Mayor Corrie and City Council, I was talking with Bill Nichols tonight on
this resolution that we have. Lowman Fire Department is not a taxing entity at
this time yet. I have talked to them and we were going to try to deed or gift this
truck to the Bureau of Lands first and then put in the stipulation that the Bureau
of Lands would need to deed it or gift it to Lowman Fire. The problem is with the
Bureau of Lands the person that is in charge of that area is gone until next
Monday. I have not been able to contact him so I do not know if our best thing
would be to table this or continue it until April 17, 2001.
Nichols: Mr. Mayor and Members of Council the state statute allows a transfer
of property to a tax supported entity, which we thought Lowman was, and Kenny
has found out that they are in the process of trying to get there, but they are not
there yet. The Department of Lands could be a recipient of the truck with a
stipulation that it be used in Lowman. If you want to do that I would change the
resolution and reword it. If you want to wait and see if Lowman gets their tax-
supported status, we can do that. I think one of things to remember is that every
month that goes by any maintenance that goes into this truck is dollars over the
dam, but we need to follow that state code. We cannot convey it to someone that
is not a tax-supported entity.
Corrie: Can you get it back to us or the attorney next week then?
Bowers: Yes, the gentleman that is out of town should be back Monday. That
would not be in time to do it for Tuesday night, so I thought we better-
Corrie: You just need to get with the City Attorney and then have it worked and
then bring it to Council as quickly as we can. Then if the Council agrees to do
that. Do you have any problems with that Council?
Bird: I have no problems with that at all.
Corrie: Why don't you do it that way Kenny then we can get it moving as quick
as possible.
Bowers: Thank you Mayor and Council for your time. I appreciate it.
Item 5.
Resolution No. 01-364: Election for Mill Levy Adjustment:
Corrie: Resolution No. 01-364 is a resolution for claiming a special city election
to be held on Tuesday, May 22, 2001 designating the polling places and times
and ordering the City Clerk to give notice of such elections. Is there anyone who
Meridian City Council Meeting (
March 27,2001
Page 23
is present that would like to hear the whole thing? Council, we need to vote on
the Resolution No. 01-364.
Berg: Mr. Mayor.
Corrie: Yes, Mr. Clerk.
Berg: Mr. Mayor and Members of Council, I know there is not anybody from the
public here, but just a couple of things to point out on the resolution. There are
four precincts. We added the one to the south of the freeway. We also are
advertising in the Statesman as well as the Valley Times, which we do not have
to do the Valley Times, but it will help notice. So just those points that we are
trying to do that, and just another comment that we need to get some committee
or something to get going in this direction to help poll some of these facts and
publicize the information.
Corrie: Are we using this as a hand ballot, or is it going to be (inaudible) or
punches, how are we working this?
Berg: Mr. Mayor and Members of Council, I am still working with the County
Clerk, Dave Navarro, about what we can count in an expedient time. Plus the
cost of the card that they have to special order if we can take it back on other
things or they have remainder cards, so there are a couple things we are looking
at. Having four precincts too will help divide the number of ballots each precinct
has to count if go to the hand count. Plus we are only counting yes or no, we are
not counting different people like a normal election, which could make the count
go faster. The problem we are running into is the Foothill Ballot. The Foothill's
issue is on the ballot in Boise City, so the county is running Boise City's election
at that same time. They figure that will be a hot issue and be a lot of ballots to go
through and count. We are in line last.
Corrie: Okay, no yes or nos. Mrs. de Weerd.
De Weerd: I know Will got it the Citizen's Committee, but are we going to hold
any kind of public meeting to show the need or how are we -
Corrie: You have to show the need or it is a futile battle. I had some phone calls
today that wanted me to send out and inform my city address to the city, and also
how much Boise is paying and Nampa is paying, and it is a good deal for us. We
need to do as much as we can on this through public education. I think that is
what Ron said earlier that we need to do that. Ron.
Anderson: I was just going to say that I do not necessarily think public meetings
will help us reach the number of people that we need to reach and convince
people to come out and vote. I think we are only going to get the people that are
really involved in the community and that are concerned and are already aware
Meridian City Council Meeting (
March 27,2001
Page 24
of the issues. I think we need to try and focus on the people that are not aware,
so I think we need to newspaper and television spots. I think the television
stations would be more than glad to jump right on this as being a major story with
the very recent release of the census numbers and the increase in population
that Meridian had in the last 10 years. There is more than enough basis there
that they would love to hear how the city is struggling to keep up with growth. I
think we ought to have some meetings amongst the City Council and whoever
else wants to be involved in spearheading this effort, but I think we are missing
some golden opportunities right now to sell our case. It would be a great time to
do it, and we ought to jump on it.
Corrie: Channel 6, 7, 2, and 12 all want to get with us and interview us. So step
right up and help me.
Nichols: Mr. Mayor.
Corrie: Mr. Nichols.
Nichols: I am not volunteering for interviews, but I do have a couple of points.
One of the things let me make some suggestions with regard to this ballot
measure. One is if legislature ever adjourns Ken Harward could come and help
the Council discuss ways to get the facts out to the people. One of the things that
he sent me months ago when we first looked at this issue, a much smaller town,
but the City of lana had gone through similar budget levy request. They had a
letter that went out to the citizens, and you could have a fax sheet that would go
out and describe what is there and how much would be. One of the other things
that helps these types of levies is if the Council can ahead of time say here are
some means that we are looking at in the city that would cost. It costs x-number
of dollars to put on a new police officer. It costs x-number of dollars to put on a
new fire fighter. It costs x-number of dollars to whatever the issue might be in
terms of parks or however you might use this additional revenue if it is approved.
To be able to highlight some of those things that you would hope to use it for, so
that in effect people are not left with the impression that voting for the Tax Levy
votes the Council a raise or the Mayor a raise or whatever the issue would be
because you already know of the needs that you have. It is just a matter of
communicating those to the public. That is one thing that Council could do at a
workshop. Janice could come in and say based upon our current Levy in our
current evaluation this is what we would anticipate we would raise. Then you
could look and say here is how we would like to allocate those funds. That way
you are selling a new position in the Police Department or a new fire fighter
position or whatever these things are as part of this levy request.
Corrie: Good point, and the 10th is a work session right? We should have it
pretty well brought up to what we want to say and do in a letter.
De Weerd: We will have our presentation all done by the 10th?
Meridian City Council Meeting (
March 27,2001
Page 25
Anderson: I think we need to have a strategy session to put together what our
presentation is going to be. Whether we do that on the 10th or I think maybe
earlier than the 10th we need to do that.
Corrie: Are we going to have a special time meeting, next week even?
De Weerd: Didn't Nampa pass a Mill Levy increase prior to this bill being
inacted?
Bird: I could not tell you that. I know they have had a Mill Levy increase and that
had to be it, but it has been quite a few years ago I think. The last time they had
their Mill Levy. When you are 0.76 you do not have to _
Corrie: What do we meet again after the 29th? Are we going to meet the 5th?
Anderson: We will probably meet on those Thursday nights.
Corrie: Thursday nights. You could have a meeting the 4th if you wanted. We
would try to get Ken to meet with us on the 4th, Wednesday the 4th. I can check
with him and see if he can meet with us maybe 6:30pm on the 4th. Kind of go in
there, the attorney can get some things together for us and Janice can. You will
just need the legal part of it. I do not want you doing anything else.
Nichols: You do not want me using any numbers that is for sure.
Corrie: No. Then we will get with Janice and have her pull some things together.
Maybe have it at 6:30pm on the 4th.
Anderson: Mr. Mayor.
Corrie: Yes.
Anderson: I might suggest, too, the major things that we fund out of the general
fund budget is parks, police, and fire. Maybe ask those three departments to put
together some numbers like Bill was talking about. How much does it typically
cost for an acre of park ground? What is the development cost of park ground?
Some of the numbers about what we currently have for park space as compared
to national averages and then each of the other departments, police and fire
could also do that same stuff, but those can be the selling points. I mean when
we are talking about what kind of dollars does it cost to open a new substation for
the Fire Department for example. It takes 9 people to man that. The engine cost
X amount of money. The fire station costs X amount of money. We have got very
recent numbers that we could throw out there to show the need of - and like Bill
was talking about, Janice could put together the numbers. The last ones that we
heard was that increasing this Mill Levy would be somewhere around one million
Meridian City Council Meeting (
March 27, 2001
Page 26
dollars. It might be slightly more than that now, but we could show what the need
is and that this million dollars is not really going to go all that far in actually to
fulfill all of those needs. But it will definitely give us a shot in the arm.
De Weerd: (inaudible) particularly have those department heads at this meeting
next week. Kenny and Bill and Tom can you pull those things together?
McCandless: By the 4th.
Bowers: Sure.
Kuntz: Sure. Mayor and Council, just a clarification and, yes, Council member
de Weerd, I was listening. The additional revenue that would be generated is
intended to be use for operational expenses or land acquisition and
development.
Anderson: I think at this point what we are trying to get is we are trying to get
base numbers. I mean of how much it costs for development of park space from
just going out and buying the bare ground to what it costs to develop into
parkland. Then maintenance costs that it takes for that. If you figure some many
personnel to take care of so many acres of park ground. At this juncture I am not
sure we are will to say that okay we are going to hire X number of policemen, X
number of firemen, then we are going to buy X number of park space, but we are
trying to just get some preliminary numbers to say here is how far this money
could go or here is what it could buy.
Kuntz: Thank you.
Corrie: Okay. Any other discussions? I still need a motion for the resolution.
Just to kind of keep us on track here.
De Weerd: Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I move that we approve Resolution No. 01-364, election for Mill Levy
adjustment for the Mayor to sign and the Clerk to attest.
McCandless: Second.
Corrie: Motion made and seconded to approve Resolution No. 01-364. Claiming
special election to be held Tuesday, May 22, 2001 polling places and ordering
the City Clerk to give notice of such elections. Any further discussion? Hearing
none, all those in favor of the Resolution say aye.
MOTION CARRIED: ALL AYES
Meridian City Council Meeting(
March 27, 2001
Page 27
(
Corrie: We definitely picked the 4th. I will let you know tomorrow whether we can
get Kenny here or not, but I think we need to do it anyway. I think we can get him
here. I will tell him I will resign as the Chairman of the - 6:00pm is that okay
Council?
Bird: That will be fine with me.
McCandless: Fine.
Corrie: Okay, 6:00pm April 4th.
Item 6.
Amending Ordinance No. 883: Re-codification of Ordinance No.
883 relating to the Excretion Of Human Waste:
Corrie: With that I am going to give that to the attorney.
Nichols: Mr. Mayor, one of the problems we have sometimes profligate some of
these ordinances, and they kick around for a long time, which it happened over
the course of the last year. We ended up with 26-3-9 sections in the code so we
needed to re-codify this one so we can get it in the right place. So that is all we
are doing. We are moving it from section 9 to section 12 that is correct.
Bird: Any questions Council?
Anderson: None.
McCandless: None.
Bird: If we have none I would entertain a motion amending Ordinance No. 883.
Anderson: Mr. President.
Bird: Mr. Anderson.
Anderson: I would make a motion that we amend Ordinance No. 883
re-codification of Ordinance No. 883 relating to excretion of human waste move it
from section 9 to section 12.
McCandless: Second.
Bird: I have a motion to change Ordinance No. 883 section 9 to 12. I have
second. All in favor?
MOTION CARRIED: ALL AYES
Meridian City Council Meeting(
March 27, 2001
Page 28
Berg: You need a roll call vote.
Bird: We need a roll call vote? Okay, roll-call vote Mr. Clerk.
Roll-call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye.
Corrie: Next item, the next to last item. Street dance, Steve.
Item 7.
Presentation by Steve Siddoway of the proposed Street Dance:
Siddoway: I received a phone call from Anita, Mayor Corrie's office, this
afternoon asking me to come tonight, so I will have the Mayor correct me if I am
not fully clear on exactly what I am doing. We have an idea that we want to do a
street dance in association with the opening of Generations Plaza. It is a fun
thing to do for the city. My understanding is that I am here tonight to present that
idea to the Council to see if the city wants to sponsor the dance. This would
entail coordination from the Parks Department. It would entail some security from
the Police Department. An aid station from the EMTs at the Fire Department, and
those types of commitments from the city to put a dance on. The idea is that we
do it on Idaho Street between East First and East Second next to Generations
Plaza. The businesses, Smokey Mountain Pizza and others would be able to
have vending booths and sell food, and we would probably have it on a Friday
night. We were talking about May 18, but I think June 1 is the date that is being
talked about now. It is a Friday night, and we would have opening ceremonies for
the dedication of Generations Plaza. Then move that into a family street dance.
Bird: Steve, alcohol beverages, are they going to be served at the location?
Siddoway: I do not believe so. The discussion has been that - well, the 127
Club is right there. People can go inside there, but there will not be any sold on
the street as part of it. We are talking about having Coca-Cola since they are a
Meridian business if they are interested or Pepsi sponsor. But it would be a non-
alcoholic event.
Bird: Yes, when you start having to go get your alcohol then you have some
problems. I think it is a great idea, but I think that we should approach the Dairy
Show Board and see if they could help sponsor it and move it Dairy Show Days.
De Weerd: The following weekend.
Bird: It is the following week.
Siddoway: The only question there is if we could draw people away from the
carnival to have a dance downtown. I think it might actually conflict rather than
build it into a bigger event.
Meridian City Council Meeting(
March 27, 2001
Page 29
De Weerd: I do not think they are doing the carnival. Are they Tom?
Bird: Yes, they have been.
De Weerd: Because I remember the Chamber mentioning that they would not
have to use the park this year for a parking for the pancake - oh, Will would
know.
Berg: Mr. Mayor and Members of Council the pancake feed is going to be the
week before so there is not a conflict with the carnival being right next to the
pancake feed. They feel as an introduction to the Dairy Day Week the pancake
would be better utilizing the accessible to the elderly and things without the
carnival. So that is why there is not going to be a -
Siddoway: So Dairy Days will have a carnival the week after the pancake feed.
Berg: Not being involved with the Dairy Days, but I would just assume that they
would still go ahead and have a carnival.
Bird: Has anybody broke the news to the Dairy Show that they are not going to
have a pancake feed while the carnival is there? Because that is the only night
that the carnival really does real good is on the pancake feed. It is not a real
moneymaker.
Corrie: We discussed it. What they might do is have a raffle, charge a dollar per
person to get into the dance then raffle off different things around the City: pizza
or something at that point.
Siddoway: I have spoken informally with the owners of Smoky Mountain Pizza
and they are real interested. They see it as a great opportunity to get some
exposure, and they would be willing to donate some items for a raffle and things
like that.
Bird: How much do you think it is going to cost?
Siddoway: For the dance itself?
Bird: To put it on.
Siddoway: I do not know a full number. For the OJ, the idea was that we would
have my uncle Ron Lundquist who did the Christmas dance, the Vegas Nights
DJ service. He runs a street dance every year up in Cascade, and what we have
found there is we could either charge a nominal fee of $200 and then take the $1
per head that the Mayor mentioned as our fee. The other associated costs would
be in the manpower, the wages that the police officers would be paid while they
are on duty, and I do not know those.
Meridian City Council Meeting(
March 27, 2001
Page 30
Bird: But you could talk those guys into volunteering their time, the same with the
park.
Corrie: I would not suggest it.
Bird: I know, but what is the cost of the DJ or a band?
Siddoway: Usually if we just pay for an event like this, it would be in the
neighborhood of $500 to $800. What we found with the dance in Cascade is that
people come, take the dance more seriously, and stay if they pay even a nominal
fee of a dollar. They get a stamp on their hand, they come, and they stay around.
It actually turns out to be a better dance. By charging that fee, we can lower the
cost of the DJ's fees to the City.
Bird: You get an exact figure on the OJ, and I will get you a sponsor for the OJ,
but I need an exact number. I will get somebody to buy the OJ.
Siddoway: I said $200. We could do it.
Bird: Okay, you come and tell me what and I will get you a check.
Corrie: What about the time of it? 6:30pm, 7:30pm until 9:00pm or what, Steve?
Siddoway: I believe that we would like to start the dance probably about
8:00pm, which would mean we would want to start the opening ceremonies for
Generations Plaza itself. I do not know whether you would expect a half of an
hour or an hour, but I think we want to move directly into the dance afterwards so
we do not lose people. Seven or 7:30 would be the starting time. We would
probably want to advertise an open house time before that, that people can come
and start milling around. So we would have an open house maybe from 6:00 to
7:00, opening ceremonies 7:00 to 8:00 or 7:30pm to 8:00, and then start the
dance at 8:00. You do not want to start the dances too early or they do not get
going, but we want to try and encourage families to come. Families with kids will
not come if it starts much later than that. We also have a noise ordinance to
contend with, and I believe the noise ordinance is at 11 :00 p.m. So we would be
8:00 to 11 :00 p.m.
Corrie: Eight to 11 :OO?
Siddoway: Yes.
Corrie: Then my question, Bill, is how many officers do you think it would take if
you blocked just that one street off? East First to East Second.
Meridian City Council Meeting<
March 2712001
Page 31
Gordon: Mr. Mayor and Members of Council, I have already talked with the Chief
on this and looking over the staffing that we will have available, I can commit four
full time officers and anywhere from two to four reserve officers as well. So we
will be looking at anywhere from 6 to 8 officers that will be available.
Corrie: And that would cost us about how much?
Gordon: They would be on their normal shifting, so there would not be any
associated over time with that. That would just be for the four full time officers.
Corrie: Okay, then you have the two reserves in case they get called to a
murder or something.
Gordon: We have overlapped staffing going in with the reorganization that we are
looking at right now, so we should have more than adequate staffing on a Friday
n ig ht.
Corrie: Okay, you can take the farmer away from the farm, but you cannot the
farm away from the farmer. Okay. Council do you have any problems with the
June 1 and have a street dance and dedication of the Plaza? Okay, then get with
Keith and we will get the arrangements made up.
Siddoway: Okay.
Corrie: Park, Tom is going to say something.
Kuntz: Just a couple of points of clarification. Do you want us to pursue a date
with Dairy Days?
Corrie: I guess you can. I am thinking like Steve, we do not want to have
competition with the carnival, because the Dairy Board makes money off the
carnival too. You can talk to them and see what they say.
Kuntz: Second clarification, if people purchase alcoholic beverages in the
businesses adjacent to the street, can they legally bring them out into the street?
Bird: No they cannot. They cannot be in the park anyway.
Corrie: They cannot be in the park or anything else. So they cannot drink it on
the street. That is why we need six to eight officers there to make sure they do
not. They tell the bar there that they keep the drink inside.
De Weerd: They can sit out on the patio at Smoky Mountain Pizza.
Corrie: Yes, I guess they can sit on the patio.
Meridian City Council Meeting'
March 2712001
Page 32
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(
Anderson: Maybe you could rope off an area of their parking lot and have like a
beer garden.
Bird: Then you would have to get like Steve Youngerman did, you have to get a
catering -
Anderson: No, right on their property.
Bird: Oh, on their property.
Anderson: Do they not own that parking lot that is right next to it?
Siddoway: That is the bank's.
Corrie: Well, figure out what you need to do, then we will go from there.
Siddoway: Thank you, Mayor and Council.
De Weerd: Thank you, Steve. Mr. Mayor.
Corrie: Mrs. de Weerd.
De Weerd: I believe some time ago Tom and I talked about this opening. And it
might be an appropriate time to recognize Lila Hill and Terry Smith for all the
work they did with the historical part of that park in addition to all of Lila's work
and dedication for the Historical Society and the work that she has done on that.
Would that be an appropriate time for all of this to happen?
Corrie: I would think it would be.
Anderson: Present her a plaque of appreciation.
Corrie: To Lila.
De Weerd: Lila has put a lot of time and effort, and I know that Lila and Terry
Smith spent a great deal of time on those historical (inaudible).
Bird: I vouch for that because I spent two days with them.
Corrie: We could get that and make a presentation.
De Weerd: Thank you.
Bird: Get a nice plaque for both of them, Mayor.
Meridian City Council Meeting/
March 27,2001
Page 33
(
Corrie: I have one other thing before we can retire for the evening. The County
Commissioners can meet with us at 10:30 a.m. April 9, 2001, which is a Monday,
or 2:30 p.m. April 12, 2001, which is a Thursday. So I said I would ask you
tonight and see what you would like to do.
Bird: I would prefer the 2:30pm on Thursday.
Corrie: The 12th of April?
Bird: Yes, Mondays are horrible for me.
Corrie: Anybody else have any other preferences?
De Weerd: Either one is fine.
Corrie: Okay, and we want to discuss the -
Anderson: The development in the county in the rural area.
De Weerd: And our referral area as well as our area of impact.
McCandless: What time was that?
De Weerd: 2:30 p.m. Thursday the 12th.
Bird: Where at Mayor?
Corrie: At their chambers. They will supply coffee. He better do something
more. We need to have them all agree on the same thing. So, it meets
everybody's approval 2:30 p.m. Thursday, April 12, 2001? Then I will tell them it
is on the development in the canyon, the referral area, and the area of impact.
De Weerd: Will our department heads do presentation of the impact outside
(inaudible) and what impact it has on the operations, fees, inspections, and all of
that? Didn't we discuss that?
*** End of Side Two ***
Anderson: -- when they allow those types of developments to go in at urban
densities that far outside of our city, and I have talked to Kenny and Joe already
about putting together some information and a presentation on doing that, I do
not know that the Police Department could actually do one because they would
not cover those areas, but if it was allowed to do this shoestring annexations then
it could it cause problems for the Police Department because then they would
have to protective those areas. But just them simply allowing those areas to
Meridian City Council Meetin~
March 27, 2001 .
Page 34
develop to an urban density whether it is annexed into the city or not I know
creates significant problems for the Fire Department.
Corrie: Okay, I will see how much time they are going to give us. It may be an
hour. We may just get an hour. But we want to be pretty well prepared to discuss
it, so we will have the Fire Department - Bill do think the Police Department
would want to add anything to that with the shoestring annexation?
Gordon: Mr. Mayor and Members of Council I can check with the Chief on that.
Off hand the only things that come to mind on the shoestring stuff is it would
extend out response from the core of the town out to those outer-laying areas like
that. And then also if the county is doing that and it is becoming urbanized often
times we became the priority response for any time of emergency calls that
requires law enforcement. We may be actually closer than the county unit to
initially respond to some of those developed areas if they are in close proximity to
the city confines.
De Weerd: That is an important point to really scare them. And certainly our
development services with Gary and Shari and John and Rick-
Corrie: We are going to get you all in there. Gary, we will have you kind of put
the presentation together too. I will find out how much time we have. I imagine
we going to get about an hour, but we might stretch it out. I will ask them for as
much time as they can give us. Any other suggestions with that?
Bird: I have none.
Corrie: Okay, with that we can go home.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I would make the motion to adjourn.
Bird: Second.
Corrie: Motion made and seconded. All in favor of the motion say aye.
MOTION CARRIED: ALL AYES
MEETING ADJOURNED AT 8:35 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
Meridian City Council Meetin{
March 27 I 2001
Page 35
~. to'
APPROVE:
ATTEST:
March 23, 2001
Department Report
MERIDIAN CITY COUNCIL MEETING March 27, 2001
APPLICANT City Treasurer Janice Smith
REQUEST Treasurer's Report
ITEM NO.
3-A-l
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
C
(2tf1/L
COMMENTS
l..
,4~
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(
March 23, 2001
Department Report
MERIDIAN CITY COUNCIL MEETING
March 27, 2001
APPLICANT Public Works Director Gary Smith ITEM NO. 3-B-l
REQUEST Sewer Easement to the Generations Plaza Alley
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AITORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached
{v
lJtt9 1)
fur I 4 /
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
SANITARY SEWER EASEMENT
-I- te ~ -r- .J - /5 - I
RECEIVED
MAR 2 7 2001
r-
( (
CITY OF MERIDIAN
THIS INDENTURE, made this d1 R day of Mt1 f!c /I , 2001,
between Laneyland LP, the parties of the first part, and hereinafter called the
Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part,
and hereinafter called the Grantee;
4i 3-B-1
r':;C~l\TED
"^~~ 11 1{){)\
WHEREAS, the Grantors desire to provide a sanitary sew o"F ~1S1tlD~
the premises and property hereinafter particularly bounde( CIrri _ ~u., and
WITNESSETH:
WHEREAS, the sanitary sewer is provided for through an underground
pipeline constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from
time to time by Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the
Grantors, and other good and valuable consideration, the Grantors do hereby give,
grant and convey unto the Gra11tee the right-of-way for an easement for the operation
and maintenance of the sewer line over and across the following described property.
The legal description for this easement shall be the legal description for the
vacation of the alley, described as follows: and as shown on Exhibi t A
A portion of the 16 foot public alley of Block 5 of the Amended Plat of the
Townsite of Meridian as filed for record in the office of the Ada County
Recorder, Boise, Idaho in Book 1 of Plats at page 30 lying in the SW V4 of
Section 7, T.3N., R.IE., B.M., Meridian, Ada County, Idaho and more
particularly described as follows:
BEGINNING at a point marking the Northwest comer of Lot 1 of said Block
5 of the Amended Plat of the townsite of Meridian; thence along the West
boundary of said public alley
North 00057'31" East 16.00 feet to a point marl<ing the Northwest corner of
said public alley; thence along the North boundary of said public alley
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE I OF4
(
South 88020'26" East 85.87 feet to a point; thence leaving said North
boundary
South 00057'31 " West 16.00 feet to a point on the South boundary of said
public alley;
thence along said South boundary North 88020'26" West 85.87 feet to the
POINT OF BEGINNING,
Said parcel of land contains 1,374 square feet, more or less.
The easement hereby granted is for the purpose of construction and operation of a
sanitary sewer line and its allied facilities, together with its maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such
facilities at any and all timese
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said
Grantee, it's successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that after making repairs or performing other maintenance, Grantee shall
restore the area of the easement and adjacent property to that existent prior to
undertaking such repairs and maintenancee However, Grantee shall not be
responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation of this easemente
THE GRANTORS hereby covenant and agree that they will not place or allow to be
placed any permanent structures, trees, brush, or perennial shrubs or flowers within
the area described for this easement, which would interfere with the use of said
easement, for the purposes stated hereine
THE GRANTORS do hereby covenant with the Grantee that they are lawfully
seized and possessed of the aforementioned and described tract of land, and that they
have a good and lawful right to convey said easement, and that they will warrant and
forever defend the title and quiet possession thereof against the lawful claims of all
persons whomever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto
subscribed their signatures the day and year first herein above written.
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE 2 OF 4
LANEYLAND, LP-GRANTORS
,~.
CITY OF MERIDIAN - GRANTEES
Mayor Robert D. Corrie
ATTEST:
BY:
William G. Berg, Jr., City Clerk
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On this ~ 1- day of '1'Y1aJri' J\. J , 2001, before
me, the undersigned, a Notary Public in and for said State, personally appeared
STEVEN LANEY, of Laneyland, LP, that executed the within instrument, and
acknowledged to me that such entity executed the same.
Date of Meridian City Council Approval
STATE OF IDAHO,
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: ss:
County of Ada,
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IN WITNESS WHEREOF, I have hereunt? set my hand and affixed my
official seal the day and year first above written.
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE 3 OF4
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STATE OF IDAHO,
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: ss:
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County of Ada,
On this day of , 2001, before me,
the undersigned, a Notary Public in and for said State, personally appeared ROBERT
D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City
Clerk of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my
official seal the day and year first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
\\NP A_ NTS40 _PDOSER VER_lA W ork\M\Meridian\1v1eridian 15360M\Parks\SANIT ARY SEWER EASEMENTGenPlaza.doc
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE 4 OF 4
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Interoffice Memo
To: William G. Berg, Jr. (original)
RECEIVED
MAR 1 9 2001
CITY OF MERIDIAN
Cc:
City Council Members
From:
Date: March 19, 2001
RE: Sanitary SeJlVer Easement for Generations Plaza
Please find attached the Sanitary SeJlVer Easement pertaining to the Generations Plaza
building project. If you could please place this upon the City Council Workshop coming up on
March 27, 2001, it can be discussed at that time. Additionally, Gary Smith does want a
detailed drawing to be attached to the easement. Gary is awaiting that drawing, so, this
easement cannot be approved until Gary Smith has approved the detailed drawing that is to be
attached.
If you have any questions, please advise.
z: I WorklMIMeridian lMeridian 153 60MIParkslBerg03160 1 Mem. doc
(
("
SANITARY SEWER EASEMENT
THIS INDENTURE, made this day of , 200 I,
between Laneyland LP, the parties of the first part, and hereinafter called the
Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part,
and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across
the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is provided for through an underground
pipeline constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from
time to time by Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the
Grantors, and other good and valuable consideration, the Grantors do hereby give,
grant and convey unto the Grantee the right-of-way for an easement for the operation
and maintenance of the sewer line over and across the following described property.
The legal description for this easement sh.all be the legal description for the
vacation of the alley, described as follows:
A portion of the 16 foot public alley of Block 5 of the Amended Plat of the
Townsite of Meridian as filed for record in the office of the Ada County
Recorder, Boise, Idaho in Bool< I of Plats at page 30 lying in the SW 1/4 of
Section 7, T.3N., R.lE., B.M., Meridian, Ada County, Idaho and more
particularly described as follows:
BEGINNING at a point marlcing the Northwest corner of Lot 1 of said Blocl<
5 of the Amended Plat of the townsite of Meridian; thence along the West
boundary of said public alley
North 00057'31" East 16.00 feet to a point marlcing the Northwest corner of
said public alley; thence along the North boundary of said public alley
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE 1 OF 4
(
South 88020'26" East 85.87 feet to a point; thence leaving said North
boundary
South 00057'31" West 16.00 feet to a point on the South boundary of said.
public alley;
thence along said South boundary North 88020'26" West 85.87 feet to the
POINT OF BEGINNING,
Said parcel of land contains 1,374 square feet, more or less.
The easement hereby granted is for the purpose of construction and operation of a
sanitary sewer line and its allied facilities, together with its maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-oE-way unto the said
Grantee, it's successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that after making repairs or performing other maintenance, Grantee shall
restore the area of the easement and adjacent property to that existent prior to
undertaking such repairs and maintenance. However, Grantee shall not be
responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be
placed any permanent structures, trees, brush, or perennial shrubs or flowers within
the area described for this easement, which would interfere with the use of said
easement, for the purposes stated herein.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully
seized and possessed of the aforementioned and described tract of land, and that they
have a good and lawful right to convey said easement, and that they will warrant and
forever defend the title and quiet possession thereof against the lawful claims of all
persons whomever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto
subscribed their signatures the day and year first herein above written.
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE 2 OF 4
(
LANEYLAND, LP-GRANTORS
Steven Laney
CITY OF MERIDIAN - GRANTEES
Mayor Robert D. Corrie
ATTEST:
BY:
William G. Berg, Jr., City Oerk
Date of Meridian City Council Approval
STATE OF IDAHO, )
County of Ada,
: ss:
)
'"
On this day of , 2001, before
me, the undersigned, a Notary Public in and for said State, personally appeared
STEVEN LANEY, of Laneyland, LP, that executed the within instrument, and
aclmowledged to me that such entity executed the same.
IN WITNESS WHEREOF, I have hereunt~ set my hand and affixed my
official seal the day and year first above written.
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE 3 OF 4
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO, )
: S5:
County of Ada,
)
On this day of , 2001, before me,
the undersigned, a Notary Public in and for said State, personally appeared ROBERT
D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City
Clerk of the City of Meridian, Idaho, and who executed the 'Within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
\\NP A _ NTS40 _ POOSER VER _ 'D. W ork\M\Meridian\Meridian 153 60M\Parks\SANIT AR Y SEWER EASEMENTGenPlaza.doc
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE 4 OF 4
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910 Main Street, Suite 240
Boise. 10 83702
Phone: (20&) 429-90ge
FaK: (2oe}~8061
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D Urgen1 0 For Review 0 Pleage Comment
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Interoffice Memo
To: William G. Berg, Jr. (original)
(
RECEIVED
MAR 1 9 2001
CITY OF MERIDIAN
Cc:
Ciry Council Members
Date: March 19, 2001
RE: Sanitary Sewer Easement for Generati["A~ D7 -------
Please find attached the Sanitary Sewe
building project. If you could please place this
March 27, 2001, it can be discussed at that t.
detailed drawing to be attached to the easement
easement cannot be approved until Gary Smit
attached.
If you have any questions, please advise
z: I WorklMIMeridian IMeridian 153 60MlParks IBerg031 601 Menl. d -
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SANITARY SEWER EASEMENT
THIS INDENTURE, made this day of ,2001,
between Laneyland LP, the parties of the first part, and hereinafter called the
Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part,
and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across
the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is provided for through an underground
pipeline constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from
time to time by Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the
Grantors, and other good and valuable consideration, the Grantors do hereby give,
grant and convey unto the Grantee the right-af-way for an easement for the operation
and maintenance of the sewer line over and across the following described property.
The legal description for this easement shall be the legal description for the
vacation of the alley, described as follows:
A portion of the 16 foot public alley of Block 5 of the Amended Plat of the
Townsite of Meridian as filed for record in the office of the Ada County
Recorder, Boise, Idaho in Book 1 of Plats at page 30 lying in the SW 1/4 of
Section 7, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more
particularly described as follows:
BEGINNING at a point marking the Northwest comer of Lot I of said Block
5 of the Amended Plat of the townsite of Meridian; thence along the West
boundary of said public alley
North 00057'31" East 16.00 feet to a point marl<ing the Northwest corner of
said public alley; thence along the North boundary of said public alley
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE 1 OF 4
(
(
South 88020'26" East 85.87 feet to a point; thence leaving said North
boundary
South 00057'31 " West 16.00 feet to a point on the South boundary of said_"
public alley;
thence along said South boundary North 88020'26" West 85.87 feet to the
POINT OF BEGINNING,
Said parcel of land contains 1,374 square feet, more or less.
The easement hereby granted is for the purpose of construction and operation of a
sanitary sewer line and its allied facilities, together with its maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said
Grantee, it's successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that after making repairs or performing other maintenance, Grantee shall
restore the area of the easement and adjacent property to that existent prior to
undertaking such repairs and maintenance. However, Grantee shall not be
responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be
placed any permanent structures, trees, brush, or perennial shrubs or flowers within
the area described for this easement, which would interfere with the use of said
easement, for the purposes stated herein.
. THE GRANTORS do hereby covenant with the Grantee that they are lawfully
seized and possessed of the aforementioned and described tract of land, and that they
have a good and lawful right to convey said easement, and that they will warrant and
forever defend the title and quiet possession thereof against the lawful claims of all
persons whomever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto
subscribed their signatures the day and year first herein above written.
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE 2 OF 4
(- ,
(
LANEYLAND, LP-GRANTORS
Steven Laney
CITY OF MERIDIAN - GRANTEES
Mayor Robert D. Corrie
ATTEST:
BY:
William G. Berg, Jr., City Clerk
Date of Meridian City Council Approval
STATE OF IDAHO, )
: S5:
County of Ada,
)
On this day of , 2001, before
me, the undersigned, a Notary Public in and for said State, personally appeared
STEVEN LANEY, of Laneyland, LP, that executed the within instrument, and
acknowledged to me that such entity executed the same.
IN WITNESS WHEREOF, I have hereunt~ set my hand and affixed my
official seal the day and year first above written.
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE 3 OF4
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO, )
: 5S:
County of Ada,
)
On this day of , 2001, before me,
the undersigned, a Notary Public in and for said State, personally appeared ROBERT
D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City
Oerk of the City of Meridian, Idaho, and who executed the within instrument, and
aclmowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
\\NP A _ NTS40 _ PDOSER VER _ Z\. W ork\tv1\Meridian\Meridian 15360M\Parks\SANIT AR Y SEWER EASEMENTGenPlaza.doc
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE40F4
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Will Berg
From:
Sent:
To:
Subject:
Gary Smith [smithg@ci.meridianaid.us]
Monday, March 26,2001 3:02 PM
'Will Berg, Jr.'
Generations Plaza - Sanitary Sewer Easement (Vacated Alleyway)
Will: I have checked the legal description in the easement document that
you faxed to me for this project. The legal in the easement document is the
same as the legal in the alley vacation document, therefore this easement
document is acceptable to Public
Works Department with the following provision:
The drawing Mr. Benoit submitted is not to scale and needs to be revised to
accurately show the area of the easement. I request to have this drawing
attached to the easement and labeled as an "Exhibit" and referenced in the
body of the easement document.
Regards, Gary
1
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910 Main Street, Sutte 240
Boise. to 83702
Phone: (208) 42g..~96
Fax: (2oe)4~8061
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MAR 20 '01 13:35
208429 8061
PAGE~01
** TX CONF I RM~( ~ REPORT **
AS OF MAR 20 ,(
7:04 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
17 03/20 17:03 PUBLIC WORKS MODE MIN/SEC PGS CMD~ STATUS
__________________________________ UF--S 00'35" 002 147 OK
~ ----------------------------------------------------------
t10 MlJn StMOl, Sufte 240
Boee, 10 63102
Phone: {2(8) "'29-9596
FAx: (208) 42.9-8001
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MAR 20 )01 13:35
208429 8061
PAGE.. 01
** TX CONF I RM( ~ REPORT **
AS OF MAR 20 { .7: 16 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
18 03/20 17:15 PUBLIC WORKS
MODE MIN/SEC PGS CMDij STATUS
UF--S 01'03" 005 150 OK
--------------------------------------------------------------------------------------------
Interoffice Memo
~:
Gth~~
RECEIVED
MAR 1 9 2001
CITY OF MERIDIAN
To: Willialn G. Berg, Jr. (original)
Cc:
Ciry Council Members
Date: March 19, 2001
RE.~ Sanitary Sewer Easement for Generations Plaza
Please find attached the Sanitary Sewer Easement pertaining to the Generations Plaza
building project. If you could please place this upon the Ciry Council Workshop coming up on
March 27, 2001, it can be discussed at that time. AdditionallY, Gary Smith does want a
detailed drawing to be attached to the easement. Gary is awaiting that drawing, so, this
easement cannot be approved until Gary Smith has approved the detailed drawing that is to he
clttached.
If you have any questions, please advise.
z: I Wnrl:IMlJ\t(t-ridiaH!MtridiaJt 15360M/ParJcslBn-g03160 1 Mlm.doc
** TX CONF I RMA(
REPORT **
AS OF MAR 26'( 3:08 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
05 03/26 18:06 208429 8061
MODE MIN/SEC PGS CMDij STATUS
EC--S 01'53" 007 005 OK
~---------------~---------~-----------------------------------------------------------------
Interoffice Memo
To: Willialn G. Berg, Jr. (original)
RECEIVED
MAR 1 9 2001
CITY OF MERIDIAN
Cc:
Ciry Council Members
Date: March 19, 2001
RE: Sanitary S'ewer Easement fOT Generations Plaza
Please find attached the Sanita1Jl Sewer Easement pertaining to the Generations Plaza
building project. If you could please place this upon the City Council Workshop cOliling up on
March 27, 2001, it can be discussed at that nIne. AdditionallY, Gary Smith does want a
detailed drawing to be attached to the easement. Gary is awaiting that drawing, so, this
eaSClnent cannot be approved until Gary Slnith has approved the detailed drawing that is to be
attached.
If you have aIry questions, please adlJise.
2: I Wurk IMlMtridian 1 Mf!ridiau 153 60!vlIPar'w'lBcrg03160 1 MIM. Mt
A. An./1i1~
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** TX CONFIRM(- ~ REPORT **
AS OF MAR 27 ' l, 3: 38 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
10 03/27 09:35 3313244
MODE MIN/SEC PGS CMDij STATUS
EC--S 02' 21" 007 014 OK
--------------------------------------------------------------------------------------------
Interoffice Memo
Cc:
RECEIVED
MAR 1 9 200'
CITY OF MERIDIAN
To: Willialn G. Berg, Jr. (original)
Ciry Council Members
From:
Dtl,te: March 19, 200]
RE: Sanitary Sfflcr Easem,nt for Generations Plaza
Please find attached the Sanitary Sewer Easenzent pertaining to the Generations Plaza
building project. 1j you could please place this upon the City Council Workshop coming up on
March 27, 2001, it can be discussed at that time. Aclditionally~ Gary Srnith does want a
d(.,>tailed drawing to be attached to the easellu~nt. Gary is awaiting that drawing, so, this
eaS(.1n.ent cannot be approved until Gary Slnith has approved the detailed clrawing that is to be
attached.
t~;_:.\
If you have any restions, please advise.
Z: I W"rk IMI MuidiaPl I Mcridiun 153 60MIParks IHag031 601 Mtm.doc
EAST 1ST STREET
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March 23, 2001
Department Report
MERIDIAN CITY COUNCIL MEETING
March 27, 2001
APPLICANT Public Works Director Gary Smith ITEM NO. 3-6-2
REQUEST Well No. 18 Bypass Pipeline - Award of Contract
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached
{k:
V (jfr ~t>
P r & if yf\ jY\ r fA 4' ~ '
{Iv f t I( · 4' ~I VI
t
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
(
RECEIVED
MAR 2 2 2001
CITY OF MERIDIAN
CITY CLERK OFFICE
City of Meridian
Public Works Dept.
Me 0
To: Mayor and Council
From: Brad Watson, P.E.
CC: File, Gary Smith, PE, City Clerk's Office
Date: 3/22/01
Re: Proposed Agenda Items for March 27 City Council Meeting
The Public Works Department respectfully requests the following items be placed on the
March 27 City Council agenda, under Department Reports, for Council's consideration:
)f- 1)
Well No. 18 Bvoass Pioeline - Award of Contract. This project, for which the City
Council declared an emergency on January , involves construction of a bypass
pipeline from Well No. 18 in Summerfield Subdivision to the South Slough where it
passes under Locust Grove Road. The Public Works Departement requested fonnal
quotes from Brown Construction, Irminger Construction and Sommer Construction.
Only Irminger and Sommer submitted quotes and are as follows:
Irminger Construction
Sommer Construction
$42,949.50
$47,642.00
Recommended Council Action: Award the contract for the Well No. 18 Bypass
Pipeline to Irminger Construction, Inc. in the amount $42,949.50 and authorize
the Mayor to sign and City Clerk to attest the contract
2} 2001 Wastewater Treatment Plant Water Line Praiect - Award of Contract. This
project will provide a City water main around the WWTP to provide fire production
and adequate water pressure/volume for the biosolids dewatering facility. Presently,
the WWTP is served by 50 gpm on-site well and draft fire hydrants out of several
process basins. Six responsive bids were received on March 21 and are as follows:
Irminger Construction
Star Construction
Owyhee Construction
MASeO, Inc.
Sommer Construction
$67,694.00
$68,632.40
$78,431.00
$82,345.80
$86,346.75
From the desk of. . .
Brad Wa~D, P.E.
Assistant City Engineer
Meridian Public Wodes Departmem
200 E. Carlton 8t., Suite 100
Meridian, Idaho 83642-2600
. Page 1
(208) 887-2211
Fax: (208) 887-1297
VIatsonb@ci.meridianidus
(
Paul Construction
Engineer's Estimate
$89,444.00
$87,156.00 (Public Works Department)
Inninger Construction has completed four projects for the City in recent years and has
done a very good job.
Recommended Council Action: Award the contract for the 2001 WWTP Water
Line Project to Irminger Construction, Inc. in the amount of $67,694 and
authorize the Mayor to sign and City Clerk to attest the agreement
3) Well No. 22 Land Lease. In order to begin construction on Well No. 22 in the Bear
Creek Park prior to final plat recordation and associated transfer of the park property
to the City, Idaho Department of Water Resources requires that the City hold a lease
for the well site. We have worked with the City Attorney's office and Bear Creek, LLC
to develop a lease that satisfies the interest of both the developer and the City. A
copy of the unsigned lease agreement is enclosed.
Recommended Council Action: Approve Well No. 22 Land Lease Agreement
betvveen the City of Meridian and Bear Creek, LLC and authorize the Mayor to
sign and City Clerk to attest the agreement
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 2
(r
!
(
March 23, 2001
Department Report
MERIDIAN CITY COUNCIL MEETING
March 27, 2001
APPLICANT Public Works Director Gary Smith ITEM NO. 3-B-3
REQUEST 2001 WWTP Water Line Project - Award of Contract
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMP A MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached
}~
CrfY~ 0
I 00/
vV e;v L\ tr I
tuf~ r^1'f\'~ {j /0
j( ~ ~
Contacted:
Date:
Phone:
Materials presented at pubnc meetings shall become property of the City of Meridian.
(
\
City of Meridian
Public Works Dept.
RECEIVEj)
MAR 2 2 2001
CITY OF MERIDIAN
CITY CLERK OFFICE
o
To: Mayor and Council
From: Brad Watson, P.E.
CC: File, Gary Smith, PE, City Clerk's Office
Date: 3/23/01
Re: Proposed Agenda Items for March 27 City Council Meeting
The Public Works Department respectfully requests the following items be placed on the
March 27 City Council agenda, under Department Reports, for Council's consideration:
1) Well No. 18 Bypass Pipeline - Award of Contract. This project, for which the City
Council declared an emergency on January , involves construction of a bypass
pipeline from Well No. 18 in Summerfield Subdivision to the South Slough where it
passes under Locust Grove Road. The Public Works Departement requested fonnal
quotes from Brown Construction, Irminger Construction and Sommer Construction.
Only Irminger and Sommer submitted quotes and are as follows:
Irminger Construction
Sommer Construction
$42,949.50
$47,642.00
-* 2)
Recommended Council Action: Award the contract for the Well No. 18 Bypass
Pipeline to Irminger Construction, Inc. in the amount $42,949.50 and authorize
the Mayor to sign and City Clerk to attest the contract
2001 Wastewater Treatment Plant Water Line Proiect - Award of Contract. This
project will provide a City water main around the WWTP to provide fire production
and adequate water pressure/volume for the biosolids dewatering facility. Presently,
the WWTP is served by 50 gpm on-site well and draft fire hydrants out of several
process basins. Six responsive bids were received on March 21 and are as follows:
Irminger Construction
Star Construction
Owyhee Construction
MASeO, Inc.
Sommer Construction
$67,694*00
$68,632.40
$78,431.00
$82,345.80
$86,346.75
From the desk of..
. Page 1
Brad Watson, P.&
Assistant City Engineer
Meridian Public Warks Department
200 E. Carlton St, Suite] 00
M~ Idaho 83642-2600
(208) 887..2211
Fax: (208) 887..1297
watsonb@cimeridian.idus
Paul Construction
Engineers Estimate
$89,444.00
$87, 156.00 (Public Works Department)
Irminger Construction has completed four projects for the City in recent years and has
done a very good job.
Recommended Council Action: Award the contract for the 2001 WWTP Water
Line Project to Irminger Construction, Inc. in the amount of $67,694 and
authorize the Mayor to-sign and City Clerk to attest the agreement
3) Well No. 22 Land Lease. In order to begin construction on Well No. 22 in the Bear
Creek Park prior to final plat recordation and associated transfer of the park property
to the City, Idaho Department of Water Resources requires that the City hold a lease
for the well site. We have worked with the City Attorney's office and Bear Creek, LLC
to develop a lease that satisfies the interest of both the developer and the City. A
copy of the unsigned Jease agreement is enclosed.
Recommended Council Action: Approve Well No. 22 Land Lease Agreement
between the City of Meridian and Bear Creek, LLC and authorize the Mayor to
sign and City Clerk to attest the agreement
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 2
March 23, 2001
Department Report
MERIDIAN CITY COUNCIL MEETING March 27, 2001
APPLICANT Public Works Director Gary Smith
REQUEST Well No. 22 Land Lease
ITEM NO.
3-B-f 4-
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
See attached
7J1/~
tLpfl
Date:
Phone:
Materials presented at pUblic meetings shall become property of the City of Meridian.
City of Meridian
Public Works Dept.
RECEIVED
FEB 2 3 2001
CITY OF MERIDIAN
To: Mayor and Council d itJ
From: Brad Watson, p.E.IDI.
CC: File, Gary Smith, PE City Clerk's Office
Date: 03/22/01
Re: Proposed Agenda Items for March 27 City Council Meeting
The Public Works Department respectfully requests the following items be placed on the
March 27 City Council agenda, under Department Reports, for Council's consideration:
1) Well No. 18 Bvpass Pioeline - Award of Contract. This project, for which the City
Council declared an emergency on January , involves construction of a bypass
pipeline from Well No. 18 in Summerfield Subdivision to the South Slough where it
passes under Locust Grove Road. The Public Works Departement requested fonnal
quotes from Brown Construction, Irminger Construction and Sommer Construction.
Only Irminger and Sommer submitted quotes and are as follows:
Irminger Construction
Sommer Construction
$42,949.50
$47,642.00
Recommended Council Action: Award the contract for the Well No. 18 Bypass
Pipeline to Irminger Construction, Inc. in the amount $42,949.50 and authorize
the Mayor to sign and City Clerk to attest the contract
2) 2001 Wastewater Treatment Plant Water Line Proiect - Award of Contract. This
project will provide a City water main around the WWTP to provide fire production
and adequate water pressure/volume for the biosolids dewatering facility. Presently,
the WWTP is served by 50 gpm on-site well and draft fire hydrants out of several
process basins. Six responsive bids were received on March 21 and are as follows:
Irminger Construction
Star Construction
Owyhee Construction
MASCO, Inc.
Sommer Construction
$67,694.00
$68,632.40
$78,431.00
$82,345.80
$86,346.75
From the desk of. .
Brad Watson, P.E.
Assistant City Engineer
Meridian Public Works Department
200 E. Carlton St, Suite 100
Meridia~ Idaho 83642-2600
. Page 1
(208) 887-2211
Fax: (208) 887-1297
watsonb@ci.meridian.idus
(-
\
(
\
Paul Construction
Engineers Estimate
$89,444.00
$87,156.00 (Public Works Department)
-X 3)
Irminger Construction has completed four projects for the City in recent years and has
done a very good job.
Recommended Council Action: Award the contract for the 2001 WWTP Water
Line Project to Irminger Construction, Inc. in the amount of $67,694 and
authorize the Mayor to sign and City Clerk to attest the agreement
Well No. 22 Land Lease. In order to begin construction on Well No. 22 in the Bear
Creek Park prior to final plat recordation and associated transfer of the park property
to the City, Idaho Department of Water Resources requires that the City hold a lease
for the well site. We have worked with the City Attorney's office and Bear Creek, LLC
to develop a lease that satisfies the interest of both the developer and the City. A
copy of the unsigned lease agreement is enclosed.
Recommended Council Action: Approve Well No. 22 Land Lease Agreement
betvveen the City of Meridian and Bear Creek, LLC and authorize the Mayor to
sign and City Clerk to attest the agreement
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
;6d
. Page 2
(
\
'~#-3
:c ...
LEAsE
THIS AGREEMENT is made and entered into this
day of
I 2001,
by and between GREGORY B. JOHNSON, R. CRAIG GROVES, ROBERT R. BASS and TIMOTHY J.
TAYLOR, as individuals, hereinafter referred to as the "Lessor," and THE CITY OF MERIDIAN, IDAHO,
hereinafter referred to as the "Lessee."
WIT N E SSE T H:
That the said Lessor, for and in consideration of the rents, covenants and agreements
hereinafter mentioned on the part and behalf of the said Lessee to be paid, kept and performed, does by
these presents grant, demise and lease unto the said Lessee, and the said Lessee does by these presents
hire, rent and take from the said Lessor, that certain real property located on the following described real
property, to wit:
See Exhibit "AU attached hereto and, by this reference, incorporated
herein as if set forth in full.
TO HAVE AND TO HOLD said premises, together with the appurtenances, privileges,
rights and easements thereto belonging, unto the said Lessee for the term of ten (10) years, said term to
commence on January 1, 2001, and terminate on December 31, 2010, for the rental and upon the terms
and conditions as follows:
1. RENTAL: Lessee covenants and agrees to pay annual rent for said premises in
the sum of ten dollars ($10.00) per year, payable on January 1 of each year commencing January 1,2001.
2. USE OF PREMISES: Lessee covenants and agrees that the leased premises
shall be used for a water well site, including pumping station and the construction thereof, and shall not be
used for any other purpose or purposes without the prior written consent of Lessor.
LEASE - 1
/-
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3. MAINTENANCE: The leased real property is bare ground. Lessee agrees to
maintain the real property in as good condition as the same is in at the time Lessee shall take possession
of the property, reasonable wear, tear and damage by the elements excepted and at the termination of this
Lease in any manner, Lessee shall surrender said premises to Lessor in such condition.
4. ALTERATIONS AND IMPROVEMENTS: Lessee shall have the right to make
alterations and improvements to the real property by the construction of a municipal water well thereon and
the addition of such other improvements consistent with municipal purposes. Lessee shall maintain all
such alterations and improvements made by Lessee. Upon the termination of this Lease, such
improvements as shall have been added or made by Lessee shall not revert to the Lessor, and shall not
become a part of the real property so leased herein.
5. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state
and federallawsJ rules, regulations and ordinances and to do all things necessary to stay in compliance
with the same.
6. UTiliTIES: It is expressly agreed that during the full term of this Lease, Lessee
shall furnish and promptly pay for any utilities required for the real property and improvements at Lessee's
own cost and expense.
7. TAXES AND ASSESSMENTS: Lessor shall pay all real estate taxes and
assessments of any kind levied against the above demised premises during the term of this Lease and any
extension thereof promptly as the same become due.
8. ASSIGNMENT OR SUBLEASING: Lessee shall not assign this Lease nor sublet
to any other lessee the said leased premises or any portion thereof, without the written consent first
obtained of Lessor; provided, however, such consent shall not be unreasonably withheld by Lessor.
LEASE - 2
/.tI"~
9. LABOR CONTRACTS AND EMPLOYEES: The parties expressly covenant and
agree that all labor contracts and employment agreements with employees providing services to or
construction upon the real property shall be made directly with Lessee and that all such employees shall
be deemed solely the employees of Lessee and in no way employees of Lessor. Lessee covenants and
agrees to indemnify and hold harmless Lessor of and from any liability for any acts of employees of Lessee
or any acts of persons working for Lessee under a labor contract.
10. WASTE PROHIBITED: Lessee shall not commit any waste or damage to the
premises hereby leased nor permit any waste or damage to be done thereto.
11. LIABILITY: Lessor shall not be liable for any injury or damage which may be
sustained by any person or property of the Lessee or any other person or persons resulting from the
condition of said premises or any part thereof, or from the street or subsurface, or from any other source or
cause whatsoever, nor shall the Lessor be liable for any defect in the structures on said demised premises,
latent or otherwise, and Lessee agrees to indemnify and hold harmless Lessor from such liability.
12. LIABILITY INSURANCE: Lessee shall maintain a comprehensive liability
insurance policy covering the above-demised premises during the term of this Lease with a responsible
insurance company, all at the sole cost and expense of Lessee, in the names and for the benefit of Lessee
and Lessor in the sum of $500,000.00 single-limit coverage.
13. FIRE AND EXTENDED COVERAGE INSURANCE: At Lessee's option, Lessee
may maintain fire and extended coverage on the improvements to the real property placed thereon by
Lessee and Lessor shall be under no obligation to maintain any fire or extended coverage insurance
thereon.
LEASE - 3
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14. CONDEMNATION: If the entire premises, or a substantial part thereof, are
condemned or taken by purchase in lieu thereof, then this Lease shall terminate as of the time possession
is taken.
15. LESSOR'S RESTRICTIONS: Lessor further covenants and agrees that it will not
construct, or allow to be constructed, any subsurface waste water or stormwater disposal facilities within
125 feet of the boundaries of the leased premises.
16. OPTION TO RENEW: Lessee. at Lessee's option. may renew this lease for nine
(9) separate ten (10) year periods, upon the same terms and conditions set forth herein, by giving written
notice of intent to renew to Landlord not later than 3D days before the end of the origina/lease period or
any subsequent renewal thereof.
17. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of
each and every one of the conditions of this Agreement are expressly made the essence of this
Agreement. If default be made by the Lessee in payment of any part of Lessee's rent when the same shall
become due, or default be made by the Lessee in keeping, performing or observing any of the covenants
and agreements herein contained and such default shall remain so for a period of thirty (3D) days after
written notice shall have been sent by certified or registered mail to Lessee as hereinafter provided, then in
such event the Lessor may, at Lessor's election, either in law or equity, seek specific performance of this
Agreement or may declare said term and Lease forfeited and ended and re-enter said demised premises
again to repossess and enjoy the same as in their first estate, and the effect of such default shall in itself,
at the election of Lessor, without further notice or demand constitute a forfeiture and termination of this
Lease, and if thereafter the Lessee shall fail to surrender possession of the demised premises to Lessor,
the Lessee shall be deemed guilty of an unlawful and forcible detention of said premises. If Lessee shall
LEASE - 4
//-
1
(
abandon or vacate said premises, or if this Lease be terminated for breach of any of the covenants and
agreements herein contained, Lessee hereby agrees to pay all reasonable expenses incurred by Lessor in
obtaining possession of said premises from Lessee, including reasonable legal expenses and attorney's
fees, and to pay such other expenses as the Lessor may incur in putting the premises in good order and
condition as herein provided, and also to pay all other reasonable and necessary expenses or
commissions paid by Lessor in re-Ieasing the premises. In the event of notification of default by Lessor to
Lessee and Lessee does in fact cure such default, then and in that event Lessee shall pay, in addition to
all arrearages as existing under the notice of default, the reasonable attorneys fees incurred by Lessor in
determination of the default and the notification to the defaulting Lessee.
18. HAZARDOUS SUBSTANCES · LESSOR: Lessor represents and warrants that
there has been no release of hazardous substances on the property as defined by applicable Federal or
State laws and regulations and holds Lessee harmless from any violation alleged to have occurred prior to
Lessee's taking possession of the property. This covenant shall survive the closing of this transaction.
Lessee represents and warrants that the premises will never be used for the generation, manufacture,
storage, treatment, disposal, release or threatened release of any hazardous substances as those terms
are defined by applicable Federal or State laws and regulations. Lessee agrees to indemnify and hold
harmless Lessor against any and all claims and losses resulting from a breach of this provision of this
agreement. This obligation to indemnify shall survive the payment of the indebtedness and the satisfaction
of this agreement.
19. A TTORNEY.S FEES: In the event an action is brought to enforce any of the
terms or provisions of this Lease, or enforce forfeiture thereof for default thereof by either of the parties
LEASE - 5
(
i
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hereto. the successful party to such action or collection shall be entitled to recover from the losing party a
reasonable attorney's feel together with such other costs as may be authorized by law.
20. NOTICES: All notices required to be given to each of the parties hereto under the
terms of this Agreement shaff be given by depositing a copy of such notice in the United States mail,
postage prepaid and registered or certified, return receipt requested J to the respective parties hereto at the
following address:
Lessors:
c/o Gregory B. Johnson
P.O. Box 340
Meridian, Idaho 83680
Lessee:
City of Meridian
33 E. Idaho
Meridian, ID 83642
or to such other address as may be designated by writing delivered to the other party. All notices given by
certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided
herein.
21. REPRESENT A liONS: It is understood and agreed by and between the parties
hereto that there are no verbal promisesJ implied promises, agreements, stipulations, representations or
warranties of any character excepting those set forth in this Agreement.
22. BINDING EFFECT: The provisions and stipulations hereof shall inure to the
benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the
respective parties hereto.
23. SITUS: This Lease is established and accepted by the Lessee under the laws of
the State of Idaho, and all questions concerning its validity, construction and administration shall be
determined under such laws.
LEASE - 6
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24. HEADINGS: The bolded paragraph headings are for convenience only and are
not a part of this Lease agreement and shall not be used in interpreting or construing this Lease
agreement.
25. SEVERABILITY: If any portion or portions of this Lease shall be, for any reason,
invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and
carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties
hereto.
IN WITNESS WHEREOF, the Lessor and Lessee do execute this Lease Agreement the
day and year first above written.
By:
Gregory B. Johnson
By:
R. Craig Groves
By:
Robert R. Bass
By:
Timothy J. Taylor
"Lessors"
LEASE - 7
CITY OF MERIDIAN, IDAHO
By:
Mayor
Attest:
City Clerk
"Lessee"
STATE OF IDAHO,
)
)
S5.
County of Ada,
On this day of , 2001, before me,
the undersigned, a Notary Public in and for said State, personally appeared Gregory B. Johnson, known or
identified to me to be the person who executed the instrument, and acknowledged to me having executed
the same.
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIRES:
STATE OF IDAHO,
S5.
County of Ada,
On this day of , 2001, before me,
the undersigned, a Notary Public in and for said State, personally appeared R. Craig Groves, known or
identified to me to be the person who executed the instrument, and acknowledged to me having executed
the same.
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIRES:
LEASE - 8
(
STATE OF IDAHO,
55.
County of Ada,
On this day of I 2001, before me,
the undersigned, a Notary Public in and for said State, personally appeared Robert R. Bass, known or
identified to me to be the person who executed the instrument, and acknowledged to me having executed
the same.
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIRES:
STATE OF IDAHO,
: 55.
County of Ada,
On this day of , 2001 t before me,
the undersigned, a Notary Public in and for said State, personally appeared Timothy J. Taylor, known or
identified to me to be the person who executed the instrument, and acknowledged to me having executed
the same.
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIRES:
LEASE - 9
(
(-
STATE OF IDAHO, )
: 5S.
County of Ada. )
On this day of J 2001, before me,
the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and
WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIRES:
jaJZ:\Work\M\Meridian\Bear Creek Sub Park Lease\lease.frm
LEASE - 10
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March 23, 2001
Department Report
MERIDIAN CITY COUNCIL MEETING
March 27 I 2001
APPLICANT Parks and Recreation Director Tom Kuntz
ITEM NO.
3-C-l
REQUEST Agreement with the Land Group, Inc., for landscape architect
services for 58-acre park
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AITORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDfNG DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANtT ARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
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Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
o
RECEIVED
MAR 2 7 2001
CITY OF MERIDIAN
To: Mayor Corrie and City Council
From: Tom Kuntz 1~\L."
Date: 03-27-01
Re: Contract with The Land Group to provide design and bid specifications for
phase one of the 58 acre community park
Please find attached for Mayor and Council approval, an agreement with The land
Group Inc. for professional services related to design development plans for the 58
acre community park phase one. The contractual amount for their services is
$82,200, which is 6.90;b of the 1.2 million-dollar construction budget. We are
anticipating 90 days for The land Group to complete their work and another 30 days
to bid the project. Construction should start in August of this year.
The Parks and Recreation Commission endorsed the selection of The Land Group at
their March 12 meeting. Attached is a copy of a memo dated March 3 outlining the
selection process.
. Page 1
Memo
To: Mayor Corrie, City Council, Parks and Recreation Commission
From: Tom Kuntz
Date: 03-07-01
Re: Selection of Landscape Architect to prepare design and bid specifications for
the 58-acre community park
A subcommittee from the Parks and Recreation Commission met on March 2, 2001 to
evaluate and select a finn, which will prepare design on Phase I of the 58-acre park. The
subcommittee of Sheri Baker, Ed Fang, and Bruce MacCoy reviewed the qualification
submittals from CT A Landworks and The Land Group, Inc. Five firms picked up
information packets on the project and two submitted proposals by the February 23
deadline.
The subcommittee ranked each finn on a scale of 1-5 for each of the four criteria listed
below:
. Project Understanding-
CT A-13
Land Group -13
land Group-14
Land Group-14
. Finn Qualifications-
CT A-09
. Key Personnel Qualifications and Experience- CT A-1 0
. Support Personnel Qualifications-
CT A-11
land Group-13
Land Group-54
Total- CTA-43
Additional Subcommittee Comments:
. CT A appears more qualified in designing structures than landscape projects.
. he Land Group appears to have a more experienced staff of engineers.
. The Land Group's submittal was easier to read and has better graphics. They
also appear to have a better understanding of the project.
. Page 1
· The Land Group secured Bob Droll as a member of their project team. Bob
developed the parks master plan and adds to The Land Group's overall
understanding of the project.
· The Land Group appears to have designed mo.re park projects.
· The Land Group's RFQ is tailored more to our project.
With the preceding recommendation from the subcommittee, and the support from
the Parks and Recreation Commission, Staff will proceed in negotiating a contract
with The Land Group, Inc. The contract will be presented to the City Council in
March for approval.
. Page 2
= THE LAND GROUP/ INC. ~
.\ 1f'rncer m
Landscape lirchitecturc 0 Civil Engineerirlg ;,t E:n'Jnnpn~_'ntaj c-:r Site Planning
128 S. Eagie Road .. Ea,~lc, idaho d :;61 ~ · Phone i208} '~~'~-';,;.~ ~ " .-,i I: ; 21\'--: " ~} 39-444.5
t\ S L :\
March 26, 2001
EXHIBIT B
City of Meridian Parks Department
Tom Kuntz
11 West Bower
Meridian, Idaho 83642
Re: Fee Proposal
Meridian 58 Acre Park - Phase One
Dear Tom,
The following reviews the type and scope of services provided and the fees required for completion. Our
contractual agreement is contemplated to be executed between the City of Meridian and The Land Group Inc.
This proposal is based on the Phase One area as shown on the 58 acre Meridian Park Master Plan (see
Exhibit" A"), and Phase One construction budget (approx.I.2 million), as developed by the City of Meridian.
SCOPE OF SERVICES
A. DESIGN DEVELOPMENT PHASE
1 ~ The Land Group will prepare a Design Development Plan for Phase One for the proposed 58 acre
park. The Land Group will use the existing Master Plan and phase one construction budget
developed by the City of Meridian as a "base" for the Design Development. The Land Group will
work with the Meridian Park Department to detennine the project programming and design
development. This phase will determine the types of elements which will be designed and developed
into the park. This design development plan shall include all program elements such as
restroom/storage/concession structure with overhead shelter, pre-fabricated overall structure (approx.
30'x60'), pedestrian pathways, parking, storm water retention~ site utilities, lighting, pressurized
irrigation system, pavements and circulation, parking locations, site furniture and landscape. We will
also coordinate with off-site improvements, street access and ACHD approvals.
2. The Land Group will present a design development to the parks department for review and
comment. This phase is very important to communicate and combine all input from the owner's
program elements and design criteria. Any comments or recommendations will be considered and
wi111ead to the final drawing which will be utilized as a base sheet for construction documentation.
The Land Group's basic service consists of items as described in the'AlA Document B 141,
Paragraph 2.3.
B. CONSTRUCTION DOCUMENT A TION
Upon approval of the design developments plans, The Land Group will develop working drawings
and technical sections of specifications to construct the park area" phase one. In developing working
drawings and specifications, The Land Group shall coordinate its services with those of other
consultants necessary to provide construction documents which help to maintain a construction
budget in accordance with the preliminary design estimate of probable construction cost.
The Land Group's basic service consists of items as described in the AlA Document B 141,
Paragraph 2.4.
CONSTRUCTION DOCUMENTATION SCHEDULE:
The Land Group will provide the following services for all phases of the park project:
1. SITE LAYOUT
Including final location, sizing and layout of parking, on-site improvements, vehicular and pedest'rian
circulation, site structural elements, landscape and site furnishing. We will also coordinate with the
design team consultant items such as restroom building, pre-fabricated picnic shelter, lighting,
power, sewer and potable water.
2. SITE DETAILS
The Land Group will provide complete site detailing for all related construction items including but
not limited to the following site details;
a. Curbs, gutters, concrete paving and asphalt paving_ (Parking and driveway subbase,
base and material details and specifications as recomtnended and directed by
Geotechnical Engineers.)
b. Pedestrian circulation and pavements such as pathways, sidewalks, steps, ramps,
handrails, etc...
c. Site furniture such as benches, trash receptacles, bike racks, trash dumpster
enclosure, etc.
d. Lighting.
e. Pre- fabricated overhead structure
3. GRADING PLAN
The Land Group will provide finish grading and surface drainage of exterior hardscape and softscape
elements on the site. We will direct surface drainage to designated sub-surface catch basins, surface
retention basins or approved off-site drainage facilities. The Land Group will provide Civil
Engineering of site improvements and grading. The Land Group will provide all off-site
improvements.
4. GRADING DETAILS
Provide and coordinate details required for final grading and drainage.
5. RESTROOM BUILDING
The design team will provide a design for a restroom facility for the site. The restroom concession
building with approximately 4 stalls per gender, maintenance/storage/mechanical room, concessions
area (prepared foods only, no hoods or grease traps required), and small overhead extension for
picnic shelter. All phases of work will be provided, including design development, construction
drawings, specifications and construction administration.
6. SITE UTILITIES
The design team engineers will provide site utilities such as power, lighting, telephone, sanitary
sewer and potable water.
6.LANDSCAPE PLAN
Provide landscape design including specific plant material, layout, plant sizes and details. This
planning will also include revegetation and erosion control at appropriate dryland areas.
7. IRRIGATION PLAN
Provide irrigation design for all landscape areas including details from mainline point-of-connection.
Irrigation design to include head layout, lateral lines & zoning, valve placement, mainline and control
wire routing, controllers, along with all necessary schedules and legends.
8. PUMP STATION
The Land Group will provide a design and construction documents for a pump station and pump
accessories. Pump station design includes pumps, filter system, power panels, wet well, concrete
pad, small pre-fabricated building and accessories. Water source is from an irrigation ditch and
existing well. The delivery and point of connection is provided by the Owners. It is assumed that all
water rights are provided by the Owners. This proposal for a pump station does not include water
right applications, wells or well pump systems.
9.SPECIFICA TIONS
The Land Group will provide project specifications for biding instruction and clarification to working
drawings for contractor / designer / owner clarification.
1 o. COORDINATION MEETINGS
The Land Group will attend coordination meeting with the design team, public agencies and Owners.
The Land Group \vill meet with the design team consultants to coordinate with site utilities,
structures, layout and phases of work
c. BIDDING OR NEGOTIATION PHASE
The Land Group, following the Owner's approval of the Construction Documents and probable cost
of construction, shall assist the Owner in obtaining bids or negotiated proposals and assist in
awarding and preparing contracts for construction.
D. CONSTRUCTION ADMINISTRATION PHASE
The Land Group and design team will provide construction administration to insure that all work
performed by the contractor is completed per the drawings and specifications. The Design Team will
review shop drawings, submittals and site observations (including Final walk through) to meet the
contractors.
The Land Group's basic service consists of items as described in the AlA Document B 141,
Paragraph 2.6.
FEES AND TERMS
Total Fee ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $82,200.00
Cost Breakdown
20% Design Development .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16,440.00
55% Construction Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45,210.00
5 % Bidding.............................................................. $4, 11 0.00
20% Construction Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16,440.00
Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work
completed.
E. SERVICES NOT INCLUDED
1. Corporation Shelter
2. Maintenance Building
3. Picnic Shelters
4. Site Surveying
5. Geotechnical investigation report and geotechnical field observations.
6. Construction Management
7. Construction Quality Control Testing
8. Rezoning process
9. Conditional Use Permit
10. Soil Testing
11. Design revisions after approval to proceed with construction documents. If design revisions
are requested, The Land Group will perform the revisions after receiving written
authorization.
12. Full-time construction observations services, testing and construction staking.
13. Tree Survey/ Arborist Report
14. Water features
15. Traffic Study/Report
16. Play Structures
F. ADDITIONAL SERVICES
When specifically requested, work not described above shall be performed as additional services as
per AlA document B 141-1987 Article 3. This work may include~ but is not limited to:
1. Making revisions in drawings, specifications or other documents, or preparing change order
documents, when such revisions are due to causes beyond the control of our firm.
2. Design revisions after securing Owner approvals to proceed. If design revisions are
requested, The Land Group will perform the additional services after receiving written
authorization.
3. Providing additional site observations.
4. Preparation of record drawings or transferring as-built blueprint information to the original
drawings.
5. Providing any other services not specifically included in this proposal.
G. REIMBURSABLE EXPENSES
Reimbursable Expenses shall be as per AlA document B 141-1987 Article 10, sections 10.2 through
10.2.1.6.
I. Cost of models, special renderings, promotional photography, special process printing,
special equipment, special printed reports or publications, maps and documents.
2. Photographic services, film and processing.
3. Cost of copies of drawings, reports and visual images; xerography and photographic
reproduction of drawings and other documents furnished or prepared in connection with the
work of this contract
4. Cost of commercial carrier and public transportation, lodging, car rental and parking,
subsistence and out-of-pocket expenses. Private automobile travel at $0.31 per mile.
5. Cost of postage and shipping expenses other than first class mail.
6. Long distance telephone telegraph charges.
7. Electronic data processing.
8. Fees for additional special consultants retained with the approval of Client.
9. Full color printing
Full size glossy prints ..................................... $120.00 each
~ scale prints ............................................. $75.00 each
11x17 prints ....................... $35.00 first print, $2.50 each additional
8 Y2 x 11 ....................... $20.00 first print, $1.50 each additional print
10. Mounting and laminating
Full size boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $75.00 each
Add frame . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $45.00 each
11. Courier delivery cost
12. Bidding packages for blueprint sets and project manuals.
H. ASSUMPTIONS
The assumptions listed below were fundamental in detennining the appropriate fee for the scope of
work proposed in this section. Significant deviations from these assumptions could materially impact
the actual fee incurred under the above scope. The assumptions include:
1. Prior to the actual beginning of work, The City of Meridian and The Land Group will jointly
define the extent of the Scope of Work and standards to be utilized for the duration of the
project.
2. Completion of individual tasks will take place in an orderly fashion. Submittals required by
the Owners will respect a time table jointly established with The Land Group prior to the
beginning of work.
I. STANDARD OF CAREl CONSTRUCTION CHANGES
The Land Group, Inc. will follow the professional standards of care expected of a landscape architect
licensed and practicing in the State of Idaho. The owner acknowledges that in the performance of
services, as defined in this agreement, the landscape architect and his consultants are expected to
meet the standard of care as defined by the State of Idaho. The owner acknowledges that this
standard of care does not imply or represent that the contract documents produced by the landscape
architect and his consultants will be 100% free from inconsistencies, conflicts, or discrepancies and
does not guarantee that 1 00% of the elements of the project are included. The owner understands that
since the landscape architect and his consultants can not produce 100% accurate documents, that
construction changes will occur and the changes may cost an additional 4-6% above the original
contract price between the owner and the contractor. These changes are in addition to any changes
required due to unseen or hidden conditions, changes in the codes or regulations and any owner
directed changes. The owner will establish a construction contingency to fund construction changes.
All costs or credits associated with construction changes will be handled by a modification to the
original contract between the owner and the contractor.
J. COl\1PENSATION FOR SCOPE OF SERVICES
Compensation for additional services shall be on a time and expense basis in accordance with the
following:
PRINCIPAL LANDSCAPE ARCIDTECT
CIVIL ENGINEER
PROJECT MANAGER/DESIGNER
CIVIL ENGINEER E.LT.
PRODUCTION MANAGER/CADD
CLERICAL
$80.00 per hour
$75.00 per hour
$65.00 per hour
$55.00 per hour
$50.00 per hour
$30.00 per hour
Fees for Professional Services shall be billed monthly for progress payment based upon percentage
of work completed. Reimbursable Costs shall be billed with fee invoices.
Thank you for the opportunity to work with you on this project. Should you have any questions or need
additional information, please call. If this proposal meets with your approval, please sign below and return
one copy for our files.
City:
By:
Title:
Date:
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AMERICAN
INS TIT UTE
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ARCHITECT
.
AlA Document B141
Standard Form of Agreement Between
Owner and Architect
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION' WITH
AN A TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MOD/FICA TION.
AGREEMENT
made as of the 1 A
Nineteen Hundred and 1 C
BETWEEN the Owner: "2 A.
(Name and address)
day of
18
in the year of
and the Architect: 3'
(Name and address)
For the following Project: 4
(Include detailed description of Project, location, address and scope.)
The Owner and Architect agree as set forth below.
Copyright 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967, 1970, 1974,1977,@1987byTheAmericanInstitute
of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will be
subject to legal prosecution.
AlA DOCUMENT 8141 · OWNER.ARCHITECT AGREEMENT · FOURTEENTH EDITION. AIA41 · @1987
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W.. WASHINGTON. D.C. 20006
8141-1987 1
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE ~
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services per-
formed by the Architect, Architect's employees and Architect's
consultants as enumerated in Articles 2 and 3 of this Agreement
and any other services included in Article 12.
1.1.2 The Architect's services shall be performed as expedi-
tiouslyas is consistent with professional skill and care and the
orderly progress of the Work. Upon request of the Owner, the
Architect shall submit for the Owner's approval a schedule for
the performance of the Architect's services which may be
adjusted as the Project proceeds, and shall include allowances
for periods of time required for the Owner's review and for
approval of submissions by authorities having jurisdiction over
the Project. Time limits established by this schedule approved
by the Owner shall not, except for reasonable cause, be exceeded
by the Architect or Owner.
1.1.3 The services covered by this Agreement are subject to
the time limitations contained in Subparagraph 11.5. 1 .
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of those described
in Paragraphs 2.2 through 2.6 and any other services identified
in Article 12 as part of Basic Services, and include normal struc-
tural, mechanical and electrical engineering services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by the
Owner to ascertain the requirements of the Project and shaH
arrive at a mutual understanding of such requirements with the
Owner.
2.2.2 The Architect shall provide a preliminary evaluation of
the Owner's program, schedule and construction budget
requirements, each in terms of the other, subject to the limita-
tions set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative
approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule
and construction budget requirements, the Architect shall
prepare, for approval by the Owner, Schematic Design Docu-
ments consisting of drawings and other documents illustrating
the scale and relationship of Project components.
. 2.2.5 The Architect shall submit to the Owner a preliminary
estimate of Construction Cost based on current area, volume or
other unit costs.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents
and any adjustments authorized by the Owner in the program,
schedule or construction budget, the Architect shall prepare,
for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and describe
the size and character of the Project as to architectural, struc-
tural, mechanical and electrical systems, materials and such
other elements as may be appropriate.
2.3.2 The Architect shall advise the Owner of any adjustments
to the preliminary estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Docu-
ments and any further adjustments in the scope or quality of
the Project or in the construction budget authorized by the
Owner, the Architect shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifica-
tions setting fonh in detail the requirements for the construc~
tion of the Project.
2.4.2 The Architect shall assist the Owner in the preparation of
the necessary bidding information, bidding forms, the Condi-
tions of the Contract, and the form of Agreement between the
Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments
to previous preliminary estimates of Construction Cost indi-
cated by changes in requirements or general market conditions.
2.4.4 The Architect shall assist the Owner in connection with
the Owner's responsibility for filing documents required for
the approval of governmental authorities having jurisdiction
over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
2.5.1 The Architect, following the Owner's approval of the
Construction Documents and of the latest preliminary estimate
of Construction Cost, shall assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and preparing
contracts for construction.
2.6 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2 .6.1 l~he Arehi teet's responsibility to provide Basic Services
for the Construction Phase under this Agreement commences
with the award of the Contract for Construction and termi-
nates at the earlier of the issuance to the Owner of the final
Certificate for Payment or 60 days after the date of Substan-
tial COlnpletion of the Work.
2.6.2 The Architect shall provide administration of the Con-
tract for Construction as set forth below and in the edition of
AlA Document A201, General Conditions of the Contract for
Construction, current as of the date of this Agreement, unless
otherwise provided in this Agreement.
2.6.3 Duties, responsibilities and limitations of authority of the
Architect shall not be restricted, modified or extended without
written agreement of the Owner and Architect with consent of
the Contractor, which consent shall not be unreasonably
withheld.
AlA DOCUMENT 8141 · OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION · AlA{\) · @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
8141-1987 2
WARNING: Unlicensed photocopying violates U..S.. copyright laws and is subject to legal prosecution.
f
2.6.15 The Architect shall interpret and decide matters con-
cerning performance of the Owner and Contractor under the
requirements of the Contract Documents on written request of
either the Owner or Contractor. The Architect's response to
such requests shall be made with reasonable promptness and
within any time limits agreed upon.
2.6.16 Interpretations and decisions of the Architect shall be
consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of
drawings. When making such interpretations and initial deci-
sions, the Architect shall endeavor to secure faithful perfor-
mance by both Owner and Contractor, shall not show partiality
to either, and shall not be liable for results of interpretations or
decisions so rendered in good faith.
2.6.17 The Architect's decisions on matters relating to aesthe-
tic effect shall be fmal if consistent with the intent expressed in
the Contract Documents.
2.6.18 The Architect shall render written decisions within a
reasonable time on all claims, disputes or other matters in ques-
tion between the Owner and Contractor relating to the execu~
tion or progress of the Wark as provided in the Contract
Documents.
2.6.19 The Architect's decisions on claims, disputes or other
matters, including those in question between the Owner and
Contractor, except for those relating to aesthetic effect as pro-
vided in Subparagraph 2.6.17, shall be subject to arbitration as
provided in this Agreement and in the Contract Documents.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included
in Basic Services unless so identified in Article 12, and they shall
be paid for by the Owner as provided in this Agreement, in
addition to the compensation for Basic Services. The services
described under Paragraphs 3.2 and 3.4 shall only be provided
if authorized or confirmed in writing by (he Owner. If services
described under Contingent Additional Services in Paragraph
3.3 are required due to circumstances beyond the Architect's
control, the Architect shall notify the Owner prior to com-
mencing such services. If the Owner deems that such services
described under Paragraph 3.3 are not required, the Owner
shall give prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent Addi-
tional Services are not required, the Architect shall have no obIi~
gation to provide those services.
3.2 PROJECT REPRESENTATION BEYOND BASIC
SERVICES
3.2.1 If more extensive representation at the site than is
described in Subparagraph 2.6.5 is required, the Architect shall
provide one or more Project Representatives to assist in carry-
ing out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall be compen~
sated therefor as agreed by the Owner and Architect. The
duties, responsibilities and limitations of authority of Project
Representatives shall be as described in the edition of AlA
Document B352 current as of the date of this Agreement, unless
o therw ise agreed.
3.2.3 Through the observations by such Project Represen.
tatives, the Architect shall endeavor to provide funher protec~
tion for the Owner against defects and deficiencies in the Work,
but the furnishing of such project representation shall not
modify the rights, responsibilities or obligations of the Architect
as described elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in Drawings, Specifications or other
documents when such revisions are:
.1 inconsistent with approvals or instructions previously
given by the Owner, including revisions made neces~
sary by adjustments in the Owner's program or Proj-
ect budget;
.2 required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such
documents; or
.3 due to changes required as a result of the Owner's fail.
ure to render decisions in a timely manner.
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, size, qual-
ity, complexity, the Owner's schedule, or the method of bid-
ding or negotiating and contracting for construction, except for
services required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other documen-
tation and supponing data, evaluating Contractor's proposals,
and providing other services in connection with Change
Orders and Construction Change Directives.
3.3.4 Providing services in connection with evaluating substi-
tutions proposed by the Contractor and making subsequent
revisions to Drawings, Specifications and other documentation
resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work
damaged by fire or other cause during construction, and fur-
nishing services required in connection with the replacement
of such Work.
3.3.6 Providing services made necessary by the default of the
Contractor, by major defects or deficiencies in the Work of the
Contractor, or by failure of performance of either the Owner or
Contractor under the Contract for Construction.
3.3.7 Providing services in evaluating an extensive number of
claims submitted by the Contractor or others in connection
with the Work.
3.3.8 Providing services in connection with a public hearing,
arbitration proceeding or legal proceeding except where the
Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or sequential
bids or providing services in connection with bidding, negotia-
tion or construction prior to the completion of the Construc-
tion Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and program-
ming the requirements of the Project.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys, site evaluations or com.
parative studies of prospective sites.
AlA DOCUMENT 8141 · OWNER~ARCHITECT AGREEMENT · FOURTEENTII EDmON · AlA- · @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
8141-1987 4
WARNING: Unlicensed photocopying violates UaSa copyright laws and is subject to legal prosecution.
('
(
ARTICLE 5
CONSTRUCTION COST
5.1
DEFINITION
5.1.1 The Construction Cost shall be the total cost or esti-
mated cost to the Owner of all elements of the Project designed
or specified by the Architect.
5.1.2 The Construction Cost shall include the cost at current
marker rates of labor and materials furnished by the Owner and
equipment designed, specified, selected or specially provided
for by the Architect, plus a reasonable allowance for the Con-
tractor's overhead and profit. In addition, a reasonable allow-
ance for contingencies shall be included for market conditions
at the time of bidding and for changes in the Work during
construction.
5.1.3 Construction Cost does not include the compensation of
the Architect and Architect's consultants, the costs of the land,
rights-of~way, financing or other costs which are the respon~
sibility of the Owner as provided in Article 4.
5.2 RESPONSIBiliTY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary
estimates of Construction Cost and detailed estimates of Con-
struction Cost, if any, prepared by the Architect, represent the
Architect's best judgment as a design professional familiar with
the construction industry. It is recognized, however, that nei-
ther the Architect nor the Owner has control over the cost of
labor, materials or equipment, over the Contractor's methods
of determining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect cannot
and does not warrant or represent that bids or negotiated prices
will not vary from the Owner's Project budget or from any
estimate of Construction Cost or evaluation prepared or agreed
to by [he Architect.
5.2.2 No fixed limit of Construction Cost shall be established
as a conaition of this Agreement by the furnishing, proposal or
establishment of a Project budget, unless such fixed limit has
been agreed upon in writing and signed by the parties hereto. If
such a fixed limit has been established, the Architect shall be
permitted to include contingencies for design, bidding and
price escalation, to determine what materials, equipment, com-
ponent systems and types of construction are to be included in
the Contract Documents, to make reasonable adjustments in
the scope of the Project and to include in the Contract Docu-
ments alternate bids to adjust the Construction Cost to the fiXed
limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the
Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced
within 90 days after the Architect submits the Construction
Documents to the Owner, any Project budget or fixed limit of
Construction Cost shall be adjusted to reflect changes in the
general level of prices in the construction industry between the
date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
5.2.4 If a fIXed limit of Construction Cost (adjusted as pro-
vided in Subparagraph 5.2.3) is exceeded by the lowest bona
fide bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fiXed
limit;
.2 authorize rebidding or renegotiating of the Project
within a reasonable time;
(
.3 if the Project is abandoned, terminate in accordance
with Paragraph 8.3; or
.4 cooperate in revising the Project scope and quality as
required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4,
the Architect, without additional charge, shall modify the Con-
tract Documents as necessary to comply with the fiXed limit, if
established as a condition of this Agreement. The modification
of Contract Documents shall be the limit of the Architect's
responsibility arising out of the establishment of a fiXed limit.
The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not
the Construction Phase is commenced.
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specifications and other documents pre-
pared by the Architect for this Project are instruments of the
Architect's service for use solely with respect to this Project
and, unless otherwise provided, the Architect shall be deemed
the author of these documents and shall retain all common law,
statutory and other reserved rights, including the copyright.
The Owner shall be permitted to retain copies, including repro-
ducible copies, of the Architect's Drawings, Specifications and
other documents for information and reference in connection
with the Owner's use and occupancy of the Project. The Archi-
tect's Drawings, Specifications or other documents shall not be
used by the Owner or others on other projects, for additions to
this Project or for completion of this Project by others, unless
the Architect is adjudged to be in default under this Agreement,
except by agreement in writing and with appropriate campen.
sation to the Architect.
6.2 Submission or distribution of documents to meet official
regulatory requirements or for similar purposes in connection
with the Project is not to be construed as publication in deroga-
tion of the Architect's reserved rights.
ARTICLE 7
ARBITRA TION
7.1 Claims, disputes or other matters in question between the
parties to this Agreement arising out of or relating to this Agree-
ment or breach thereof shall be subject to and decided by arbi~
tration in accordance with the Construction Indusuy Arbitra-
tion Rules of the American Arbitration Association currently in
effect unless the parties mutually agree otherwise.
7.2 Demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitra-
tion Association. A demand for arbitration shall be made within
a reasonable time after the claim, dispute or other matter in
question has arisen. In no event shall the demand for arbitration
be made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the applicable statutes of limitations.
7.3 No arbitration arising out of or relating to this Agreement
shall include, by consolidation, joinder or in any other manner,
an additional person or entity not a party to this Agreement,
( .
AlA DOCUMENT 8141 · OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION . AlA~ · @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
8141-1987 6
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
(
the specific information considered by me Owner to be confi-
dential or proprietary. The Owner shall provide professional
credit for the Architect on the construction sign and in the pro-
motional materials for the Project.
ARTICLE 10
PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
10.1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project and
the portion of the cost of their mandatory and customary con-
tributions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance, sick
leave, holidays, vacations, pensions and similar contributions
and benefits.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensa-
tion for Basic and Additional Services and include expenses
incurred by the Architect and Architect's employees and con-
sultants in the interest of the Project, as identified in the follow-
ing Clauses.
10.2.1.1 Expense of transportation in connection with the
Project; expenses in connection with authorized out-of-town
travel; long~distance communications; and fees paid for secur-
ing approval of authorities having jurisdiction over the Project.
10.2.1.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents.
10.2.1.3 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates.
10.2.1.4 Expense of renderings, models and mock-ups requested
by the Owner.
10.2.1.5 Expense of additional insurance coverage or limits,
including professional liability insurance, requested by the
Owner in excess of that normally carried by the Architect and
Architect's consultants.
10.2.1.6 Expense of computer-aided design and drafting
equipment time when used in connection with the Project.
(
10.3 PAYMENt:.>> uN ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is the
minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be made
monthly and, where applicable, shall be in proportion to ser-
vices perfonned within each phase of service, on the basis set
fonh in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established in
Subparagraph 11.5.1 of this Agreement is exceeded or extended
through no fault of rpe Architect, compensation for any ser-
vices rendered during the additional period of time shall be
computed in the manner set fonh in Subparagraph 11.3.2.
10.3.4 When compensation is based on a percentage of Con-
struction Cost and any portions of the Project are deleted or
otherwise not constructed, compensation for those portions of
the Project shall be payable to the extent services are per-
formed on those portions, in accordance with the schedule set
forth in Subparagraph 11.2.2, based on (1) the lowest bona fide
bid or negotiated proposal, or (2) if no such bid or proposal is
received, the most recent preliminary estimate of Construction
Cost or detailed estimate of Construction Cost for such por-
tions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.4.1 Payments on account of the Architect's Additional
Services and for Reimbursable Expenses shall be made monthly
upon presentation of the Architect's statement of services ren-
dered or expenses incurred.
10.5 PAYMENTS WITHHELD
10.5.1 No deductions shall be made from the Architect's com-
pensation on account of penalty, liquidated damages or other
sums withheld from payments to contractors, or on account of
the cost of changes in the Work other than those for which the
Architect has been found to be liable.
10.6 ARCHITECT'S ACCOUNTING RECORDS
10.6.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed on the
basis of a multiple of Direct Personnel Expense shall be avail-
able to the Owner or the Owner's authorized representative at
mutually convenient times.
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PAYMENT of 5 Dollars (I
shall be made upon execution of this Agreement and credited to the Owner's account at fmal payment.
11.2 BASIC COMPENSATION
11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic
Compensation shall be computed as follows: 6
(Insert basis of compensation, including stipulated sums, multIples or percentages, and identify phases to which particular methods of compensation apply, if
necessary.)
AlA DOCUMENT 8141 · OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION · AlA- · @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
8141-1987 8
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
( (
11.5.3 The rates and multiples set 1,-, _d for Additional Services shall be annually adjust"L .1 accordance with normal salary review
practices of the Architect.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
(Insert descriptions of other services, identify Additional Services included wUhin Basic Compensation and modIfications to the payment and compensation tenns
included in this Agreement.)
14
This Agreement entered into as of the day and year first written above.
OWNER
ARCHITECT
(Signature)
(Signature)
(Printed name and title)
(Printed name and title)
em
CAUTION: You should sign an original AlA document which has this caution printed in red.
An original as~ures that changes will not be obscured as may occur when documents are reproduced.
AlA DOCUMENT 8141 . OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION · AIAt!J · @1987
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
8141-1987 10
WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution.
EXlllBIT A
STANDARD FORM OF AGREEMENT
BETWEEN LANDSCAPE ARCHITECT AND OWNER
1987 EDITION
I, Robert D. Corrie, Mayor, as an authorized agent for The City of Meridian, have received and
reviewed a copy of the "AlA STANDARD FORM OF AGREEMENT BETWEEN OWNER AND
LANDSCAPE ARCHITECT 1987 EDITION THAT HAS BEEN ENUMERATED TO COINCIDE
WITH THIS EXlllBIT A.
Below are the responses enumerated to correspond with the form listed above and with said form.
1 A. Twenty-seventh
lB. March
1 C. Two- Thousand, One
2. CITY OF MERIDIAN
33 EAST IDAHO AVENUE
MERIDIAN, IDAHO 83642
3. THE LAND GROUP, INC.
128 SOUTH EAGLE
EAGLE, IDAHO 83616
4. See Exhibit B.
5. N.A.
6. Compensation shall be a Fixed Fee:
Eighty-Two thousand. two hundred .
$82.200.00
7 A. Schematic Design Phase
7B. Design Develop Phase
7C. Construction Documents Phase
7D. Bidding or Negotiation Phase
7E. Construction Phase
NA
percent (20%)
percent (55%)
percent (05%)
percent (20%)
8. Compensation for project representation beyond basic services will be negotiated prior to
additional services being provided and must be approved in writing from the Owner prior to
commencement.
EXHIBIT A - STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARClllTECT
(Initial)
9A. Principal $ 75.00
9B. Project Landscape Architect $65.00
9C. Project Designer $55.00
9D. CADI Draftperson $45.00
9E. Clerical $30.00
IDA. One point one-five
lOB. 1.15
I1A. One point one
lIB. 1.1
12A. Twelve
12B. 12
13 A. Thirty
13B. 30
13C. Thirty
13D. 30
13E. Service charge of one point five (1.5) percent of invoice amount per month.
14. ARTICLE 12
OTHER CONDITIONS OR SERVICES
12.1 Change the word "Architect" to "Landscape Architect" throughout this document.
12.2 In Paragraph 2.6.12, change the following: in the fIrst sentence delete the words "and
approve". In the fifth sentence" delete the word "approval" and replace with the word
"review" .
12.3 Change in 2.6.14, change the word "receive" to "review" for compliance with the
Contract Document requirements.
12.4 Change in 2.6.19 change the word "shall" to "may".
12.5 Delete paragraph 3.4.16 and include the following as part of Basic Services:
The Landscape Architect will review a set of reproducible record drawings showing
significant changes in the work made during construction as furnished and modified by the
General Contractor.
12.6 Change the following in 7.1, delete the word "shall" and in its place add the word
"may" upon agreement between the parties.
EXHIBIT A - STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT
(Initial)
12.7 Not used.
12.8 With specific respect to design requirements of the American with Disabilities Act of
1990 (ADA), the Owner understands that interpretation of ADA is a legal issue and
not a design profession issue and, accordingly, the Owner agrees to waive any action
against the Landscape Architect or consultants and to indemnify and defend
Landscape Architect against any claim.
12.9 The following are services that are normally charged as extras in the Standard AlA
Architect Agreement that are included under the Basic Fee quoted:
a. Job site observations during construction.
b. Creating with the Owner a Design Program.
c. Planning for future expansion.
d. Assist with planning of Owner-furnished equipment.
e. Providing detailed estimate of construction costs prior to bidding.
:f: City submittals and meetings.
g. Evaluating substitutions requested by Contractors.
h. Processing Construction Change Orders (non-Owner initiated)
I. Assist in the start-up and training of Owner personneL
J. Travel and phone expenses.
k. Assist Owner in making sure that all problems during one-year warranty period are
corrected by Contractor.
EXHIBIT A - STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARClllTECT
(Initial)
(
March 23, 2001
Department Report
MERIDIAN CITY COUNCIL MEETING March 27,2001
APPLICANT Parks and Recreation Director Tom Kuntz ITEM NO. 3-C-2
REQUEST Agreement with David Beck for Construction Management of the
Irrigation System for Storey Park
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY AITORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNT AJN GAS:
BUREAU OF RECLAMATION:
OTHER:
o!!/
~ Z1Oi~O'
{v
apprO
Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the CRy of Meridian.
(
Memo
RECEIVED
MAR 2 7 2001
CITY OF MERIDIAN
To: Mayor Corrie and City Council
From: Elroy Huff ~~;1/-
Date: 03-27 -01
Re: Contract with David Beck and Associates Inc. for construction administration
services for the new Storey Park irrigation system
Please find attached for Mayor and Council approval a professional service agreement
with David Beck and Associates for construction administration related to the new Storey
Park irrigation system. The fee for services is $2,950.00, which was included in the
original project budget approved by City Council. David Beck will work with Hillside
Nursery to insure the irrigation system is installed to his design specifications.
. Page 1
. DAVID B. BECK & Ass( ~IATES, INC.
System Plans - Specifications - Staking - Watering ProgranlS
4090 W. State Street, Suite 9 Boise, Idaho 83703
Web Page: hnp:/lhome. att. net/ - beckai
MERIDIAN PARK
CITY OF MERIDIAN, IDAHO
IRRIGATION AND WATER
RESOURCE ENGINEERING
Phone: (208) 385-9075 Fax: (208) 385-9215
E-Mail: beckai@worldnet.art.net
PROPOSAL TO DESIGN AND PROVIDE ENGINEERING SERVICES
FOR
LANDSCAPE IRRIGATION
Revised: March 20, 2001
PREPARED FOR:
MERIDIAN PARKS DEPARTMENT
11 WEST BOWER
MERIDIAN, ill 83642
BY:
DAVID B. BECK & ASSOCIATES, INC.
4090 WEST STATES STREET, SUITE 9
BOISE, IDAHO 83703
(208) 385-9075
(
PROPOSAL
PHASE I - Construction Services Storey Park
- Provide pre-construction meeting with contractor and parks department.
- Provide sprinkler staking and prepare as-staked plan.
- Provide one site visit during construction to observe and inspect installation.
- Provide one site visit at completion of construction to perform a fmal inspection and
create a construction punch list.
- Create an AutoCAD generated Irrigation Record Drawing using contractor field
notes and as-staked plan.
- Provide a watering program and assistance with field controller programming.
- Provide basic operational training 3.I1d support.
Cost of services including expenses not to exceed.....................$2,950.00
Services will be billed on the last day of each month. Billing will reflect the month's work.
This proposal will remain in effect for 60 days.
PROPOSAL BY:
ACCEPTED BY:
THE CITY OF MERIDIAN
BY:
PRINT:
TITLE:
PRESIDENT
3/dShl
# I
TITLE:
DATE:
DATE:
(
March 23, 2001
MERIDIAN CITY COUNCIL MEETING
March 27, 2001
APPLICANT City Council President Keith Bird
ITEM NO.
3-0-1
REQUEST Discussion on Ken Hamilton Presentations Water Bill
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
SANITARY SERVICE:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
OTHER:
Jv'~
. 0~
,J1r - ~} ~
vJ ~~O ~(;/J ~;~
~ ~ to bV ~ ff e1,CNJr
~ I~ bt~ J
Contacted:
Date:
Phone:
Materials presented at pubnc meetings shall become property of the City of Meridian.
~ent ~y: ~e~nap, CurtlS & urozaa, ~LLC; ~U~ ~4~ 44~';
Mar..~ti..u, , U:4~;
J-1age ~/~
('-
(
BELNAP, CURTIS & DROZDA, PLT.C
Attorneys at Law
WJJ\. Lyman Belnap"
R. "'.ade C'Drtt~
Ro be.rt L "Bob'" Droz.da.. JD, CPA. LLM. a auttmI) II
R"aut j. WIlUA.lJu
1401 Shoreline Drive, Suite 2
Post Office Box 7685
Boise, Idaho 83707
TclcpboDC; (208) 345..3333
F.3J:lSimilc: (20S) 345-4461
'W'WW.btdJaw.c om
· or CoIWl1
n Abo Admiue..t \n 'tJdlnda. CAlitb~ & tho u,s. 711JC CO\u't
March 23, 2001
CERl11fJ.ED:MAIL -.. Return Receipt - 7000 0520 0016 4828 7622
Regular Mail
Clerk, City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
CERIIJflED MAIL --- Return Receipt -- 7000 0520 0016 4828 7639
Regular ~
:Mr. Eric S. Rossman
Meridian City Attorney
Post Office Box 1150
Meridian, Idaho 83680
Re: Appeal of Water Charge Assessment
Accou'nts No. 5210901 and 5211001
Dear City Clerk and :Mr. Rossman:
We represent Ken Hamilton, in his capacity as lessee of the Meridian Speedway.
As we understand the facts, in October, 2000) Ken had the water service to the
above-named accounts turned off because of the winter conditions. We understand that when
Ken sought to have the water turned on this spring he was presented with water usage bills
totaling $8.,296.48.
We hereby protest these billings and appeal- to the Mayor and City Council.
The Meridian Water Use and Service Ordinance provides that "all O'WDers who receive ...
benefit of the Municipal water system shall, . .. pay monthly uSer charges" as aet forth in the
ordinance. In this case, Meridian City is assessing against the owner of the real property, the
Dairy Board, of which Ken Hamilton is the lessee, charges for all water used on the premises
between March 31, 2000 through October 31, 2000_ Those charges were inCWTed by Turbo
Entertainment as a lessee from Ken Hamilton.
COpy
uy. UC.J..11ClfJ, ""UI-LJ.~ Ot Uf'O.lOa, t"LLL;; 2UB 345 4461;
Mar-26-01 10:49;
page 3/3
(
(
Clerk, City ofMetidian
Mr. Eric S. Rossman, Meridian City Attorney
March 23, 2001, Page 2
The ordinance provides for water charges to be a lien against the real property, however,
the ordinance limits the amount that can be charged against the real propeny. In particular)
section 9-1-21 ..~ pro"Vides that the "City Clerk shall furnish each property .o'WIler on the first of
each month a statel)1ent of the amount due for water for the preceding month ...; and if any owner
neglects to pay his water bill by the tenth day of the month, or shall fail or refuse to pay the water
bill in that time period, the water user's account shall be delinquent. O'Wl1ers shall be notified by
regular mail oithis delinquency and if the bill is not paid in full within ten (10) days after service
of this notification on the owner, the right to water shall cease and terminate unless the owner
requests a pre-termination hearing. U
The ordinance makes it mandatory for the City Clerk to notify the legal o-wner of the real
property within ten (10) days of the first delinquency and to shut off water use to property when
the bill is more than ten (10) days delinquent. The City is prohibited from allo\Ving water usage
fees,~as in this case, to accumulate to more than $8,000 before taking action to notify the propeny
owner and to terminate the 'Water use.
Since the City Clerk failed to properly notify the owner of the property and since the City
Clerk failed to tenninate the water usage and since the owner did not request a pre-termination
hearing, the charges are illegal and are not a lawful lien upon the property.
Pursuant to Section 9-1-21 A, we hereby request the City Clerk, under the direction of the
Mayor and Council, make a correction in accounts 5210901 and 5211001 to allocate only the
water charges incurred in April, 2000 and in November and December, 2000, against the owner.
All other water charges are to be borne by the City or assessed against Turbo Entertairunent.
If this request is not granted immediately, we request that a hearing before the Mayor and
Council be scheduled as soon as possible. Thank you for your consideration.
Copy Furnished:
Ken Hamilton
MAR 26 '01 10:54
'J(Af""l ""=' A ~ .A.A __ ..
Sent By: Belnap, curtis & DrOZda, PLLC; 208 345 4461;
Mar..26..01 10:48;
page 1/3
F~x TransmissiGn
No. of pages incL this one: 3
To: Will -- City Clerk
Fax number:
888-4218
Voice:
From:
Date:
R. Wade Curtis
Monday, March 26, 2001
If you do not receive an pages, please contact:
Belnap, Curtis & .Drozda, PLLC
1401 Shoreline Drive, Suite 2
Post Office Box 7685
Boise, Idaho 83702
(208) 345-3333, FAX (208) 345-4461
Subject:
Will
Letter from our office to you re: Meridian Speed Way.
Wade
Special Instructions:
The information in this facsimile is confidential and intended only for
the use of the addressee. The data transmitted is attorney privilege
and may be exempt from disclosure. Do not copy or distribute to
anyone other than addressee. Reliance on this data by other than the
intended recipient is prohibited. Please notIfy us immediately jf you
have received this communication in error. Upon notification we will
arrange for ratum of the fax copies to Belnap, Curtis & Drozda, PLLC.
Thank you for your assistance.
Original Documents will: [ ] Follow by regular mail, [ ] Follow by overnight
delivery, [ ] Not be sent, [ ] Copied to client.
1o...A^f""\ ~..- ,n" "n.~A
":>f/lO </1C::: /1/1C.1
POr.:t:' l/l1
** TX CONFIRMA{
REPORT **
AS OF
MAR 26 '0(
~32
PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS
UF S 00'33" 002 233 OK
22 03/26 11:31 PUBLIC WORKS -- ________________________________
--------~---------------------------------------------------
~ _f'_ ~ _... t .. - W .. ... - '- ..... J t - - ~ J
-... -.- .._',
....., , ......., VI 'U~_.J,
I Q~I,;: <.1...,
BELNAP, CURTIS & DROZDA, PLT~C
Attomeys at Law
Wm. L.)'JBSA BelRap ·
& Wa.le Cln1h
Ro'bttt L "Bob- Drolda..ro, cpA.LLMa~)"
RuautJ..WIDJut:r
140 1 Shoreline Drive, Suite 2
Post 01fi0c Bo~ 7685
Boise, Idaho 837C7
TcJcpbooe: (208) 345..3333
Fu-si.roiJc: (208) 3d~461
'II'W{W.bNlaw.cem
· or Cou.tvtl
"Abo Acl.rVa.tI "')J~ 0W'bm.... '" tbt 'U,s,1lUC CcN1
:March 23, 2001
CERTIFlED MAIL -. Return Receipt .... 7000 0520 0016 4828 7622
Regular Mail
/Il/Yl :
0t47 .~
Cler1c, City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
.,
CERl.lJfI..':O MAn....- :Relurn Receipt - 70000520 0016 4828 7639
Regular Mail
:Mr. Eric S. Rossman
Meridian aty Attorney
Post Office Box 1150
Meridian, Idaho 83680
Re: Appeal of Water Charge ~ses..~ent
Accou.n1s No. 5210901 and 5211001
Dent City Clerk and :Mr. Rossman:
We represent KenHamilton, in his capacity as lessee of the Meridian Speedway.
As we understand the facts, in October~ 2000) Ken had the water service to the
above-named accounts turned off because of the winter conditions. We understand thaI when
Ken sought to have the water turned on this spring he was presented with water usage bills
totaling $8..296.48.
We hereby protest these billings and appeal to the Mayor and City Council.
The Meridian Water Use and Service Ordinance provides that "all owners who receive '"
benefit of the Municipal water system shall, ... pay monthly uSer charges " as get forth in the
ordinance. In this case, Meridian City is assessing against the owner of the real property, the
Daily Board. of which Ken Hamilton is the lessee, charges' for all water used on the premises
between Match 31) 2000 through October 3], 2000. Those charges were incurred by Turbo
Entertainment as a lessee from Ken Hamilton.
COpy
MAR 26 · 01 10: 54
208 345 4461
PAGE~02
** TX CONFIRM' ~ REPORT **
i
!
AS OF MAR 26 "l J.1 : 31 PAGE _ 01
CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDij STATUS
21 03/26 11:30 8841159 EC--S 00'43" 002 232 OK
-~------------------------------~-----------------------------------------------------------
BELNAP~ CURTIS & DR.OZDA, PLT4C
Atto1DeyS arLaw
Wm. Lymaa BelMp ~
R. \\-ock Carda
Ro'beriL 'llJob'" Dro_JI).a",uMU~#
Rnr.d..l.. WIIIaru
1401 Shoreline Drive, Suite 2
Post Office Bo>: 7685
BQise., Idaho 83707
Tdc:p~oca: (:lOt) 34S..3333
Pa.osimi.Ic:; (20 &') 345446'1
~.~....c_
· ()(Ctw.
4 AJJ.o. ~ t.n \J~ c..s.tb~ &: u., us. To. COUrt
March 23, 200]
/lith :
14?~~. ,
CE:R1~lElJ MAIL - Return Receipt .. 7000 0520 0016 4828 7622
Regular Mail
Cleric, City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
CERTIFIED MAn,- Returo Receipt- 7000052000164828 7639
Regular :Mail
Mr. Bric S. Rossman
Meridian City Attorney
Post Office Box 1150
Meridian, Idaho 83680
Re: Appeal of Water Charge Assessment
Accou'nts No. 5210901 and 52:11001
Dear City Clerk and rv.t:r. Rossman;
We represent KenHamilton, in his capacity as lessee of the Meridian Speedway.
As we understand the facts, in October, 2000, Ken had the water .!Iervicc to the
above-named aceounts tumed off because of the winter concti1ioDS. We understand that when
Ken sought to have the water turned on this spring he was presented with water usage bills
totaling $8.,296.48.
We hereby protest these billings and appeal to the Mayor and City Council.
The Meridian Water Use and Service Ordinance provides that "all owners who receive '"
benefit of the Municipal water system shall, ... pay monthly uSer charges" as aet forth in the
ordinance. In this case, Meridian City is assessing against the owner of the real property, the
DailY Board. of which Ken Hamilton is the lessee. charges' for all water used on the premises
between March 31, 2000 through October 31, 2000. Those charges were incuned by Turbo
Entertainment as a lessee .from Ken Hamilton.
copy
MAR 26 'tal 10:54
2es 345 4461
PAGE. 02
** TX CONF I RMf'( I REPORT **
(
AS OF MAR 26'l 1:40 PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
23 03/26 11:39 LEGAL DEPARTMENT
MODE MIN/SEC PGS CMDij STATUS
EC--S 00' 56" 002 236 OK
----------------------------------------~---------------------------------------------------
-". -.-
BELNAP, CURTIS & DROZDA, PLTJC
Auomeys at L;\w
WIlL L.)'JD8ABt_. w
.It. \\o.odt Cvrtta
RobertL "B.h" Dtoztia..~CP'^'Ll,Ma~.
Ruhat J. WDlWm
1401 Shoreline Drive, Suite 2
~ost Office Bo" 7685
Boise, Idaho 83707
Tc:ltp\ogc: CZOG) 345..3333
P~e: (20E) 34.5-4461
wa.w .bt6.w.'-OOI
· Of Ctl),/I..l
fl Al&o AdJaiaerlln lJ.\.n.skI. ~ JI:: .lht U So 1" Cow1:
March 23 J 2001
CERmn .MAlL...- Returo Reteipt - 7000 0510 OOl6 4828 7622
Regular Mail
~.~ /JrlP1i
~
Cleric, City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
CERTlFJED ~-- Return Receipt-7000 0520001648287639
Regular ~
Mr. Eric S. Rossman
Meridian City Attorney
Post Office Box 1150
Meridian, Idaho 83680
Re: Appeal ofWate.r Charge Assess.ment
A.ccou'nts No. 5210901 and 5211001
Dear City Clerk and :Mr. Rossman:
We represent Ken Hamilton. in his capacity as Jessee of the Meridian Speedway.
As we understand the facts, in October) 2000, Ken had the water selVicc to the
above-named accounts turned off because of tbe winter CO llditi ODS. We understand that when
Ken sought to have the water turned on this spring he was presented with water usage bills
'tOtaling $8,296.48.
We hereby protest these billings and appeal to the Mayor and City Council.
The Meridian Water Use and Service Ordinance provides that "all O'C'JDers who receive '"
benefit of the Munioipal water system shall, ... pay monthly user charges" as liet forth in tbe
ordinance. In this c~ Meridian City is: assessing against the owner of the real property, the
Daily Board, of which Ken Hamilton is the Jessee, charges' for all water used On the premises
between March 31, 2000 through October 31, 2000. Those charges were inCWTed by Turbo
Entertainment as a lessee from Ken liamilton,
COpy
MPR 26 .01 113:54
208 345 4461
PAGE. 02
rage 1 or 1
/
I
Will Berg
From: Rick Clinton [clintonr@cLmeridian.id.us]
Sent: Monday, March 26, 2001 11 :21 AM
To: Leslie Howard
Cc: Will Berg; Gary Smith
Subject: RE: Policy\procedures
Leslie, Will Berg has advised me that the agenda for the next City Council meeting has been revised to include this issue. Please
provide the his office with the recent account history, so he can include it in the City Council person's packets.
Thanks;
Rick
-----Qrigi nal Message-----
From: Leslie Howard [mailto:howardl@d.meridian.id.us]
Sent: Thursday, March 22, 2001 10:44 AM
To: Rick Ointon (E-mail)
Subject: Policy\procedures
Rick,
Spoke with Bill Nichols this morning in regards to Meridian Speedway, Kenny Hamilton had sub-leased the
speedway and the person that sub leased did not pay the bill and the last bill that he did pay the check was
returned for nsf. Kenny is disputing the fact that when we turned them off we should have required them to pay
everything due on the account or check funds with the bank prior to turn on.
Bill Nichols suggested that I get with Keith Bird to discuss a policy change for the billing department require the
bill to be paid up in full and not just the delinquent amount. I explained to Bill that the department had been
restructured and that you were the person that needed to get with Keith Bird, that I would relay the message.
Could you please make some time to discuss this matter with me further?
Thank you
Leslie
p.s. I am thankful to have you here to help me with such matter. @
3/26/01
(
(
BELNAP, CURTIS & DROZDA, PLLC
Attorneys at Law
WDL Lyman Belnap *
R. Wade Curtis
Robert L. "Bob" Drozda, JD, CPA, LLM (Taxation) #
Robert J. Williams
1401 Shoreline Drive, Suite 2
Post Office Box 7685
Boise, Idaho 83707
Telephone: (208) 345-3333
Facsimile: (208) 345-4461
www.bcdlaw.com
* Of COWlSel
# Also Admitted in Nebraska, California, & the u.s. Tax Court
March 23, 2001
RECEIVED
IiIB 2 6 2001
CITY OF MERIDIAN
RECEIVED
MAR 2 6 2001
CERTIFIED MAIL -- Return Receipt -- 7000 0520 0016 4828 7622
Regular Mail
Clerk, City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
CERTIFIED MAIL -- Return Receipt -- 7000 0520 0016 4828 7639
Regular Mail
CITY OF MERIDIAN
Mr. Eric S. Rossman
Meridian City Attorney
Post Office Box 1150
Meridian, Idaho 83680
Re: Appeal of Water Charge Assessment
Accounts No. 5210901 and 5211001
Dear City Clerk and Mr. Rossman:
We represent Ken Hamilton, in his capacity as lessee of the Meridian Speedway.
As we understand the facts, in October, 2000, Ken had the water service to the
above-named accounts turned off because of the winter conditions. We understand that when
Ken sought to have the water turned on this spring he was presented with water usage bills
totaling $8,296.48.
We hereby protest these billings and appeal to the Mayor and City Council.
The Meridian Water Use and Service Ordinance provides that "all owners who receive ...
benefit of the Municipal water system shall, ... pay monthly user charges" as set forth in the
ordinance. In this case, Meridian City is assessing against the owner of the real property, the
Dairy Board, of which Ken Hamilton is the lessee, charges for all water used on the premises
between March 31, 2000 through October 31, 2000. Those charges were incurred by Turbo
Entertainment as a lessee from Ken Hamilton.
(
Clerk, City of Meridian
Mr. Eric S. Rossman, Meridian City Attorney
March 23,2001, Page 2
The ordinance provides for water charges to be a lien against the real property, however,
the ordinance limits the amount that can be charged against the real property. In particular,
section 9-1-21 A, provides that the IICity Clerk shall furnish each property owner on the first of
each month a statement of the amount due for water for the preceding month ...; and if any owner
neglects to pay his water bill by the tenth day of the month, or shall fail or refuse to pay the water
bill in that time period, the water user's account shall be delinquent. Owners shall be notified by
regular mail of this delinquency and if the bill is not paid in full within ten (10) days after service
of this notification on the owner, the right to water shall cease and terminate unless the owner
requests a pre-termination hearing. II
The ordinance makes it mandatory for the City Clerk to notify the legal owner of the real
property within ten (10) days of the first delinquency and to shut off water use to property when
the bill is more than ten (10) days delinquent. The City is prohibited from allowing water usage
fees, as in this case, to accumulate to more than $8,000 before taking action to notify the property
owner and to terminate the water use.
Since the City Clerk failed to properly notify the owner of the property and since the City
. Clerk failed to terminate the water usage and since the owner did not request a pre-termination
hearing, the charges are illegal and are not a lawful lien upon the property.
Pursuant to Section 9-1-21 A, we hereby request the City Clerk, under the direction of the
Mayor and Council, make a correction in accounts 5210901 and 5211001 to allocate only the
water charges incurred in April, 2000 and in November and December, 2000, against the owner.
All other water charges are to be borne by the City or assessed against Turbo Entertainment.
If this request is not granted immediately, we request that a hearing before the Mayor and
Council be scheduled as soon as possible. Thank you for your consideration.
Sincerely yours,
URTIS & DROZDA, PLLC
Copy Furnished:
Ken Hamilton
BELNAP, CURTIS & DROZDA, PLLC
Attorneys at Law
Wm. Lyman Belnap *
R. Wade Curtis
Robert L. "Bob" Drozd~ JD, CPA, LLM (Taxation) #
Robert J. Williams
1401 Shoreline Drive, Suite 2
Post Office Box 7685
Boise, Idaho 83707
Telephone: (208) 345-3333
Facsimile: (208) 345-4461
www.bcdlaw.com
* Of Counsel
# Also Admitted in Nebraska, California, & the U.S. Tax Court
March 23, 2001
RECEIVED
AM 21 _
CftYOf'-
RECEIVED
MAR 2 6 2001
CERTIFIED MAIL -- Return Receipt -- 7000 0520 0016 4828 7622
Regular Mail
Clerk, City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
CITY OF MERIDIAN
CERTIFIED MAIL -- Return Receipt -- 7000 0520 0016 4828 7639
Regular Mail
Mr. Eric S. Rossman
Meridian City Attorney
Post Office Box 1150
Meridian, Idaho 83680
Re: Appeal of Water Charge Assessment
Accounts No. 5210901 and 5211001
Dear City Clerk and Mr. Rossman:
We represent Ken Hamilton, in his capacity as lessee of the Meridian Speedway.
As we understand the facts, in October, 2000, Ken had the water service to the
above-named accounts turned off because of,the winter conditions. We understand that when
Ken sought to have the water turned on this spring he was presented with water usage bills
totaling $8,296.48.
We hereby protest these billings and appeal to the Mayor and City Council.
The Meridian Water Use and Service Ordinance provides that "all owners who receive ...
benefit of the Municipal water system shall, ... pay monthly user charges" as set forth in the
ordinance. In this case, Meridian City is assessing against the owner of the real property, the
Dairy Board, of which Ken Hamilton is the lessee, charges for all water used on the premises
between March 31, 2000 through October 31, 2000. Those charges were incurred by Turbo
Entertainment as a lessee from Ken Hamilton.
,/
I
j
t
!
Clerk, City of Meridian
Mr. Eric S. Rossman, Meridian City Attorney
March 23, 2001, Page 2
The ordinance provides for water charges to be a lien against the real property, however,
the ordinance limits the amount that can be charged against the real property. In particular,
section 9-1-21 A, provides that the "City Clerk shall furnish each property owner on the first of
each month a statement of the amount due for water for the preceding month ...; and if any owner
neglects to pay his water bill by the tenth day of the month, or shall fail or refuse to pay the water
bill in that time period, the water user's account shall be delinquent. Owners shall be notified by
regular mail of this delinquency and if the bill is not paid in full within ten (10) days after service
of this notification on the owner, the right to water shall cease and terminate unless the owner
requests a pre-termination hearing. It
The ordinance makes it mandatory for the City Clerk to notify the legal owner of the real
property within ten (10) days of the first delinquency and to shut off water use to property when
the bill is more than ten (10) days delinquent. The City is prohibited from allowing water usage
fees, as in this case, to accumulate to more than $8,000 before taking action to notify the property
owner and to terminate the water use.
Since the City Clerk failed to properly notify the owner of the property and since the City
Clerk failed to terminate the water usage and since the owner did not request a pre-termination
hearing, the charges are illegal and are not a lawful lien upon the property.
Pursuant to Section 9-1-21 A, we hereby request the City Clerk, under the direction of the
Mayor and Council, make a correction in accounts 5210901 and 5211001 to allocate only the
water charges incurred in April, 2000 and in November and December, 2000, against the owner.
All other water charges are to be borne by the City or assessed against Turbo Entertainment.
If this request is not granted immediately, we request that a hearing before the Mayor and
Council be scheduled as soon as possible. Thank you for your consideration.
Copy Furnished:
Ken Hamilton
t
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CITY OF MERIDIAN Customer History - Account by Name Page: 1
Report Date(s): 02101/1999 to 03/31/2001 Mar 27,2001 05:01 pm
Report Criteria:
Customer.Cust No = 5211001
52.1100.1 MERIDIAN SPEEDWAY 322 1ST 8T E #1
Account Summary:
Period Water Sewer Garb RetCk TnOff Dump Billings Adj Payments Oth Balance
01/31/1999 .00
02/28/1999
03/31/1999
04/30/1999
05/31/1999 30.41 Yes 30.41
06/30/1999 13.86 10.40 24.26 54.67
07/31/1999 6.48 10.40 16.88 71.55
08/31/1999 242.64 1 0.40 253.04 324.59
09/30/1999 77.82 1 0.40 88.22 71.55 - 341.26
10/31/1999 6.48 1 0.40 16.88 358.14
11/30/1999 6.48 1 0.40 16.88 375.02
12/31/1999 6.48 10.40 16.88 391.90
01/31/2000 2.51 1 0.40 10.00 22.91 414.81
02/29/2000 10.40 1 0.40 425.21
03/31/2000 2.68 2.68 425.21 - 2.68
04/30/2000 60.60 124.80 7.20 192.60 195.28
05/31/2000 82.74 171 .60 254.34 449.62
06/30/2000 156.54 327.60 10.00 494.14 222.04 - 721 .72
07/31/2000 75.36 156.00 231.36 227.58 - 725.50
08/31/2000 97.50 202.80 300.30 1,025.80
09/30/2000 136.86 286.00 10.00 432.86 725.50 - 733.16
10/31/2000 205.17 61 5.30 20.00 20.00 860.47 Yes 1,593.63
11/30/2000 6.48 1 0.40 16.88 1,610.51
12/31/2000 6.48 10.40 16.88 1,627.39
01/31/2001 6.48 1 0.40 16.88 1,644.27
02/28/2001 6.48 1 0.40 16.88 1 ,661 . 15
03/31/2001 41.39 - 85.88 - 7.20 - 10.00 - 144.47 - Yes 1,516.68
Totals: 1,162.05 1,936.10 20.00 40.00 3,158.15 Yes 1 ,641 .47 - Yes
(
\
CITY OF MERIDIAN Customer History - Account by Name Page: ~
Report Date(s): 02/01/1999 to 03/31/2001 Mar 27,2001 05:00pm
Report Criteria:
Customer.Cust No = 5210901
52.1090.1 MERIDIAN SPEEDWAY 322 1ST ST E
Account Summary:
Period Water Sewer Garb Retek TnOff Dump Billings Adj Payments Oth Balance
01/31/1999 .00
02/28/1999
03/31/1999
04/30/1999
05/31/1999 113.13 Yes 113.13
06/30/1999 70.44 145.60 126.00 342.04 Yes 455.17
07/31/1999 6.48 1 0.40 259,05 168.00 443,93 899. 1 0
08/31/1999 1 79.91 387.40 259.05 241.50 1,067.86 1,966.96
09/30/1999 149. 16 312.00 259.05 196.00 916.21 899.10- 1,984,07
10/31/1999 6.48 1 0.40 28.00 44.88 2,028.95
11/30/1999 6.48 1 0.40 16.88 2,045.83
12/31/1999 6.48 1 0.40 16.88 2,062.71
01/31/2000 2.51 1 0.40 10.00 22.91 2,085.62
02/29/2000 1 0.40 1 0.40 2,096.02
03/31/2000 2.68 2.68 2,096.02 - 2.68
04/30/2000 6.48 10.40 7.20 24.08 26.76
05/31/2000 109.80 228.80 299.10 64.00 701.70 728.46
06/30/2000 134.40 280.80 299.1 0 64.00 778.30 728.46 - 778.30
07/31/2000 172.53 361 .40 299.10 100.00 933.03 1,711 .33
08/31/2000 243.87 512.20 299.1 0 36.00 1 ,091 . 1 7 2,802.50
09/30/2000 296.76 624,00 299.1 0 10.00 1,229.86 1 ,711 ,33 - 2,321.03
10/31/2000 576.30 2,132.36 926.08 10.00 164,00 3,808.74 Yes 6,129.77
11/30/2000 168.84 353.60 522.44 6,652.21
12/31/2000 6.48 1 0.40 16.88 6,669.09
01/31/2001 6.48 10.40 16.88 6,685.97
02/28/2001 6.48- 20.80 - 27.28 - Yes 6,658.69
03/31/2001 28.43 - 44.28 - 7.20 - 79.91 - Yes 6,578.78
Totals: 2,114.97 5,369.36 3,198.73 30.00 1,187.50 11,900.56 Yes 5,321.78 - Yes
.CO
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ENDORSE HERE
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PAY TO THe Ofit~R ~
Farruer~ & Metchantl StJte '00
FOR DEPOSIT ONLY
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DO NOT WRITE, STAM~2 BELOW THIS liNE
RESERVED FOR FINANCIAL INSTITUTION USE ~
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· FEDERAL RESERVE BOARD OF GOVERNORS REG. CC
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2-15-99
-To Whom It May Concern:
Ken Hamilton Presentations, Inc. has sub-leased the, Meridian
Speedway for the 1999 season. - As of '2.-15-99, all charging for' the
Meridian Speedway will not be the res,ponsibLlity of KHP,Inc.
Any charge accounts in the name of Ken Hamil ton, Ken Hamil ton
Presentations, Inc, or Hamilton & Spear Painting will be
responsible only for charges personally authorized.
If you have any questions, please contact Ken Hamilton at 208-
323-1294. We appreciate'your help in this matter.
Thank you very much,
~4
Ken Hamilton, President.
Ken Hamilton Presentations, Inc.
CELl- ~O <b - ~(j, ~- :>,"'5'
le-Pt melb~ 31~J'1CJ
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Ken Hamllton.Presentation's, Inc.
P.O. Box 158 + &35 East 18~ Suuth
Meridian, ID 83642'
PM: 208 888 2813 + FX: 208323 1469
CITY OF MERIDIAN
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Customer History - Account by Name
Report Date(s): 02/01/1999 to 03/31/2001
Page: 1,
Mar 26,2001 03:46pm
Report Criteria:
Customer.Gust No = 5210901
52.1090.1 MERIDIAN SPEEDWAY
3221ST ST E
Customer Notes:
03120/01 - 11 :30 AM - HOWARDL
WILL CALLED REQUESTING BILLING INFORMATION FOR BOTH ACCOUNTS. IS WORKING WITH KENNY HAMILTON TO GET BILL PAID.
02/05/01 - 08:50 AM - PAFFUMIA
gave credit for 12.31 and 1-31 cycle should not be billed. h20 off
12/26/00 - 03:43 PM - Aly
recv1d bankruptcy papers which will discharge 1/26/01 not sure what to do with the nsf check = when new owners calls we need to collect on the check
10/31/00 - 04:11 PM - Aly
talked with Dave Latham he is no longer with the speed way he did give me more info on the bus, and a phone number to the person i need to contact for the check
10/31/00 - 03:08 PM - COOKEA
h20 off for non-payment
10/27/00 - 09:55 AM - Aly
called and left a message @ meridian speedway and the other number on the machine \ also I have notified sse to not pick up the garbage at the speedway also
10/24/00 - 03:39 PM - Aly
has nsf check on both accounts do not turn on unless nsf is paid .... CASH ONL Y"'**
03/28/00 - 01 :05 PM - TS -
SPRINKLER TURNED ON PER REQUEST. BEGINNING READ IS 846 - DC/JA CONTACTED OCCUPANT
03/24/00 -11:09 AM - DOMYC
MERIDIAN SPEEDWAY PAJD BILL AND WANTS WATER TURNED BACK ON.
9/1/99 PNK NOTICE RTRN
CITY OF MERIDIAN
Customer History - Account by Name
Report Date(s): 02101/1999 to 03/31/2001
Page: 1 '~
Mar 26,2001 03:46pm'
Report Criteria:
Customer. Cust No = 5211001
52.1100.1 MERIDIAN SPEEDWAY
322 1ST ST E #1
Customer Notes:
03/20/01 -11:28 AM - HOWARDL
WILL CALLED REQUESTING BILLING INFORMATION FOR BOTH ACCOUNTS. IS WORKING WITH KENNY HAMILTON TO GET WATER TURNED BACK ON.
10/31/00 - 03:24 PM - Aly
called the residence phone number for Dave Lathem the lady i talked to was very rude and hung up on me i did get in that i was going to tum the check over to the police
dept, not impressed with the way the city does billing -aly
10/31/00 - 03:08 PM - Aly
h20 off for non-payment
10/27/00 - 09:55 AM - Aly
see notes on other account
10/05/00 - 03:08 PM - Aly
recv'd nsf check #8168 sent letter
07/20/00 - 09:34 AM - aly
pnk rtm as unable to forward
03/24/00 - 11: 1 0 AM - DOMYC
MERIDIAN SPEEDWAY PAID BILL AND WANTS WATER TURNED BACK ON.
9/1/99 PNK NOTICE RTRN
. ."-_ ,#0... ~ _ __ ... _ ~......_......+ ...-:......_...... ~_..... .,.......;;..-..,....-.....-. ...___
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Mayor
ROBERT D. CORRIE
HUB OF TREASURE VAllEY
A Good Place to Live
LEGAL DEPARTMENT
(208) 884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887 -2211
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
Council Members
CITY OF MERIDIAN
CHARLES ROUNTREE
GLENN BENlLEY
RON ANDERSON
KEITH BIRD
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 · Fax (208) 887-4813
January 27, 1999
Ken Hamilton Presentations
PO Box 158
Meridian, ill. 83642
To whom this may concern,
We received a check for $139.87 for accounts 52-1090 and 52-IIOO.On account #
52-1090 there is a zero balance. And on account # 52-1100 there is a credit of$33.67.
Therefore we are sending this check back to you. If you have any questions please call
888-4433.
Sincerely,
Corolyn Domy
Customer Setvice
. -
City of Meridian
BHlJNG
RESEARCH
888-4433 phone .
887-4813 fax
Acct.#: '5:J -I; () () -
Address: ,3.;;) Jr. I s I- :5 -J- '
Problem:
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Name: C ~ )~lJl tJ1fim;;;-/rU
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. Call Taken By: a~~ {, ~
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Phone:
Date;
TIme:
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5EP 02 '98 15:52
TOTAL ? 131
208 884 0744
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9-1-20
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9-1-21
9-1-20: PAYMENT OF USER CHARGES; LATE FEE: All water
charges shall be due and payable to the Clerk between the
first and tenth day of each calendar month for the billing from the previous
month. Upon failure to pay the same, as prescribed, each owner shall pay,
in addition to the amount due, a fine of ten dollars ($10.00). (Ord. 374,
7-7-1980)
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9-1-21:
DELINQUENCIES; CITY PROCEDURE:
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Termination Of Service; Notice: The City Clerk shall furnish each
property owner on the first of each month a statement of the amount
due for water for the preceding month or up to the time that the
meter has been read and for other charges relating to the water
system; and if any owner neglects to pay his water bill by the tenth
day of the month, or shall fail or refuse to pay the water bill in that
time period, the water user's account shall be delinquent. Owners
shall be notified by regular mail of this delinquency and if the bill is
not paid in full within ten (10) days after service of this notification on
the owner, the right to water shall cease and terminate unless the
owner requests a pre-termination hearing. Should the owner not
request a pre-termination hearing or if an adverse decision is
rendered against the owner as a result of the pre-termination
hearing, the City may require the owner to pay the delinquent water
bill attributable to the use, plus a ten dollar ($10.00) turn-on charge
as a condition of receiving water service again, and in the event the
water meter must be removed, an additional fifty dollar ($50.00) fee
must be paid as a condition of receiving water service again. Any
owner not using water after the first of the month, or in case a meter
is used after the meter has been read, must report the same to the
City Clerk and have the water shut off, and if he fails to do so, the
full amount for said month must be paid. No allowance will be made
for nonuse for less than one month. All corrections as to the charge
and all abatements shall be made under the direction of the Mayor
and Council and shall be certified by the City Clerk, and all water
bills must be paid by the owner of the property upon which the same
is used and not by the tenants thereof.
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B. Right To Hearing:
1. The City, in its delinquency notice to all owners, shall inform in
writing all owners of their right to a pre-termination hearing, with
such hearing to be held with the due process protection described
below. The City will not discontinue water service to any owner's
property prior to a fair and impartial hearing, after timely and
... ~ "'01[,\...
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City of Meridian
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9-1-21
9-1-21
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adequate notice and an opportunity to confront witnesses, to
personally appear with retained counsel to be judged on facts
adduced at the hearing and to otherwise be heard and defend the
claim made by the City, if a pre-termination hearing is requested by
any owner. The City Council shall have the responsibility of holding
pre-termination hearings. The City Council shall make a record of
any pre-termination hearing. The City Council shall render its
decision in writing, giving the reasons for its determination. In
decisions adverse to the owner, the City Council will inform the water
consumer of the right to appeal the decision pursuant to the Idaho
State Administrative Procedures Act1.
\ ,
2. Provided, however, the City shall not initially deny or discontinue
water service to any owner because of any delinquent water bill on
that premises that is attributable to the prior owner. However, any
and all unpaid water charges shall be a lien against the property as
provided below. The City may initially deny water service to any
owner who requests service at a new location when that owner has a
delinquency at any previous location or premises. Provided, further,
that the City shall not initially deny water service to any owner for
whatever reason without informing the owner of the right to a hearing
before the City Council on the issue of whether the City can initially
deny water services. In the case of an initial denial of water service,
the City is not required to provide water service pending a hearing.
However, a hearing upon request of an owner initially denied water
service shall be held as expeditiously as possible and held in the
manner and accordance with the procedures for pre-termination
hearings delineated above.
C.
Lien Imposed: All delinquent charges or fees, as provided by this
Section, not paid after the final determination of the delinquent
account, shall be imposed as a lien against and upon the property or
premises against which such charge or fee is levied or assessed;
and the Clerk shall, at the time of certifying the City taxes, certify
such delinquencies together with all penalties to the Tax Collector of
Ada County, and when so certified, the same shall be a lien upon the
property. All monies collected by the Clerk under the provisions of
this Section shall be paid over to the City Treasurer in the same
manner as is required for the payment of other City monies. (Ord.
476, 4-21-1987)
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1. I.e. 9 67-5201 et seq.
City of Meridian
9-1 -22
9-1-25
9-1-22: TURNING ON WATER AFTER TURNOFF FOR
NONPAYMENT: If any person, after the water has been
turned off from the premises on account of nonpayment of rates, or for -
failure to pay charges for the repair of water lines, assessed to the owner,
or for other violation of the rules and regulations pertaining to the water
supply, shall turn on or permit to be turned on, or use or permit the water to
be used without authority r he shall be subject to the penalties provided for
in Section 9-1-36 of this Chapter. (Ord. 476, 4-21-1987)
9-1-23: AUTHORITY TO AMEND REGULATIONS: Nothing herein
contained shall prohibit the Mayor and Council from
amending, altering, or adding to the provisions of this Chapter in relation to
the water supply or the rules of same which may be adopted in conformity
therewith. Provided, that no alteration in water rates shall apply to any
charge upon, or contract made with, an owner under this Chapter until after
the expiration of the time for which such charge was made or contract
entered into. Hereafter when, and/or if, the Mayor and City Council deem it
advisable to alter the water or installation rates or charges as in this
Chapter recorded, such changes shall be made by resolution. (Ord. 476,
4-21 -1 987)
9-1-24: WATER FUND: All fees and charges received and collected
under the authority of this Chapter shall be deposited and
credited to a fund to be designated as the Water Fund. The accounts of
said Fund shall show all receipts and expenditures for the maintenance,
operation, upkeep and repair of the domestic water system and any
payments into a sinking fund established for the purpose of paying principal
of and interest on the water indebtedness of the City which shall from time
to time be outstanding. As provided by law, when budgeted and
appropriated, the funds and credits to the account of the Water Fund shall
be available. for the payment of the requirements for the maintenance,
operation, repairs and upkeep of the domestic water system of the City, and
to the extent legally available, for payment into a sinking fund established
for the payment of the principal and interest on any water bond
indebtedness of the City which shall from time to time be outstanding. (Ord.
476, 4-21-87)
9-1-25: PRIVATE WATER SYSTEMS: Where the Municipal water
system is not available under the provisions of this Chapter, a
private water system may be installed; provided, that the system complies
with all the provisions of this Chapter. (Ord. 273,1-6-1975, eft. 2-1-1975)
City of Meridian
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MERIDIAN BILLING
DEP ARTMENT
33 E. Idaho Ave. Meridian, ID 83642
(208) 888-4439 Fax (208) 887-4813
A CeT #:
ADDRESS:
PROPERTY
OWNER:
PROPERTY OWNERS
ADDRESS:
TELEPHONE
NUMBER:
MOVE IN DA TE:
The undersigned, being the property owner of the above described property and
account, do hereby instruct the Meridian Municipal Utility Billing Services to send the
,monthly billing statement for water, sewer and sanitation service to the following
address:
Billing in care of the following name:
I understand that billing for services will remain in the above referenced
"PROPERTY OWNER" name and sent in care of the person named herein at my
request.
I do hereby acknowledge that I have been advised, and I agree, that billing for
water, sewer and sanitation services, as provided by Title 9 Meridian City Code 99 , and
as required by the City as part consideration and as a condition of providing these
services, is the owner's responsibility, and that no billings, notices of delinquency or to
terminate services will be sent by the City of Meridian Municipal Utility Billing Services
for this account other than as requested herein. Please note that this does not
include collection notices or legal actions for account payment.
THIS REQUEST SHALL REMAIN VALID UNTIL A NEW DIRECTIVE IS FILLED OUT
AND FILED WITH THE CITY OF MERIDIAN MUNICIPAL BILLING SERVICES AT 33
EAST IDAHO, MERIDIAN, IDAHO 83642.
I do hereby certify that I am the owner or the duly authorized agent to make this
request of the owner of the subject property receiving the service.
Dated:
Signed:
FOR OFFICE USE ONLY RCVD BY ON
(Property owner)
(
(
MERIDIAN BILLING
DEP ARTMENT
33 E. Idaho Ave. Meridian, ID 83642
(208) 888-44:39 Fax (208) 887-4813
A CCT #:
ADDRESS:
PROPERTY
OWNER:
PROPERTY OWNERS
ADDRESS:
TELEPHONE
NUMBER:
MOVE IN DA TE:
The undersigned, being the property owner of the above described property and
account, do hereby instruct the Meridian Municipal Utility Billing Services to send the
monthly billing statement for water, sewer and sanitation service to the following
address:
Billing in care of the following name:
I understand that billing for services will remain in the above referenced
"PROPERTY OWNER" name and sent in care of the person named herein at my
request.
I do hereby acknowledge that I have been advised, and I agree, that billing for
water, sewer and sanitation services, as provided by Title 9 Meridian City Code SS , and
as required by the City as part consideration and as a condition of providing these
services, is the owner's responsibility, and that no billings, notices of delinquency or to
terminate services will be sent by the City of Meridian Municipal Utility Billing Services
for this account other than as requested herein. Please note that this does not
include collection notices or legal actions for a-ccount payment.
THIS REQUEST SHALL REMAIN VALID UNTIL A NEW DIRECTIVE IS FILLED OUT
AND FILED WITH THE CITY OF MERIDIAN MUNICIPAL BILLING SERVICES AT 33
EAST IDAHO, MERIDIAN, IDAHO 83642.
I do hereby certify that I am the owner or the duly authorized agent to make this
request of the owner of the subject property receiving the service.
Dated:
Signed:
(Property owner)
FOR OFFICE USE ONLY RCVD BY ON
9-1 -20
(
9-1-21
(
9-1-20: PAYMENT OF USER CHARGES; LATE FEE: All water
charges shall be due and payable to the Clerk between the
first and tenth day of each calendar month for the billing from the previous
month. Upon failure to pay the same, as prescribed, each owner shall pay,
in addition to the amount due, a fine of ten dollars ($10.00). (Ord. 374,
7-7-1980)
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9-1-21:
DELINQUENCIES; CITY PROCEDURE:
A.
Termination Of Service; Notice: The City Clerk shall furnish each
property owner on the first of each month a statement of the amount
due for water for the preceding month or up to the time that the
meter has been read and for other charges relating to the water
system; and if any owner neglects to pay his water bill by the tenth
day of the month, or shall fail or refuse to pay the water bill in that
time period, the water user's account shall be delinquent. Owners
shall be notified by regular mail of this delinquency and if the bill is
not paid in full within ten (1 0) days after service of this notification on
the owner, the right to water shall cease and terminate unless the
owner requests a pre-termination hearing. Should the owner not
request a pre-termination hearing or if an adverse decision is
rendered against the owner as a result of the pre-termination
hearing, the City may require the owner to pay the delinquent water
bill attributable to the use, plus a ten dollar ($10.00) turn-on charge
as a condition of receiving water service again, and in the event the
water meter must be removed, an additional fifty dollar ($50.00) fee
must be paid as a condition of receiving water service again. Any
owner not using water after the first of the month, or in case a meter
is used after the meter has been read, must report the same to the
City Clerk and have the water shut off, and if he fails to do so, the
full amount for said month must be paid. No allowance will be made
for nonuse for less than one month. All corrections as to the charge
and all abatements shall be made under the direction of the Mayor
and Council and shall be certified by the City Clerk, and all water
bills must be paid by the owner of the property upon which the same
is used and not by the tenants thereof.
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B. Right To Hearing:
1. The City, in its delinquency notice to all owners, shall inform in
writing all owners of their right to a pre-termination hearing, with
such hearing to be held with the due process protection described
below. The City will not discontinue water service to any owner's
property prior to a fair and impartial hearing, after timely and
{
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City of Meridian
9-1-21
(
9-1-21
, r
adequate notice and an opportunity to confront witnesses, to
personally appear with retained counsel to be judged on facts
adduced at the hearing and to otherwise be heard and defend the
claim made by the City, if a pre-termination hearing is requested by
any owner. The City Council shall have the responsibility of holding
pre-termination hearings. The City Council shall make a record of
any pre-termination hearing. The City Council shall render its
decision in writing, giving the reasons for its determination. In
decisions adverse to the owner, the City Council will inform the water
consumer of the right to appeal the decision pursuant to the Idaho
State Administrative Procedures Act1.
2. Provided, however, the City shall not initially deny or discontinue
water service to any owner because of any delinquent water bill on
that premises that is attributable to the prior owner. However, any
and all unpaid water charges shall be a lien against the property as
provided below. The City may initially deny water service to any
owner who requests service at a new location when that owner has a
delinquency at any previous location or premises. Provided, further,
that the City shall not initially deny water service to any owner for
whatever reason without informing the owner of the right to a hearing
before the City Council on the issue of whether the City can initially
deny water services. In the case of an initial denial of water service,
the City is not required to provide water service pending a hearing.
However, a hearing upon request of an owner initially denied water
service shall be held as expeditiously as possible and held in the
manner and accordance with the procedures for pre-termination
hearings delineated above.
C.
Lien Imposed: All delinquent charges or fees, as provided by this
Section, not paid after the final determination of the delinquent
account, shall be imposed as a lien against and upon the property or
premises against which such charge or fee is levied or assessed;
and the Clerk shall, at the time of certifying the City taxes, certify
such delinquencies together with all penalties to the Tax Collector of
Ada County, and when so certified, the same shall be a lien upon the
property. All monies collected by the Clerk under the provisions of
this Section shall be paid over to the City Treasurer in the same
manner as is required for the payment of other City monies. (Ord.
476, 4-21-1 987)
/ ..
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1. I.C. 9 67-5201 et seq.
City of Meridian
9-1-22
(
9-1-25
9-1-22: TURNING ON WATER AFTER TURNOFF FOR
NONPAYMENT: If any person, after the water has been
turned off from the premises on account of nonpayment of rates, or for ' -
failure to pay charges for the repair of water lines, assessed to the owner,
or for other violation of the rules and regulations pertaining to the water
supply, shall turn on or permit to be turned on, or use or permit the water to
be used without authority, he shall be subject to the penalties provided for
in Section 9-1-36 of this Chapter. (Ord. 476, 4-21-1987)
9-1-23: AUTHORITY TO AMEND REGULATIONS: Nothing herein
contained shall prohibit the Mayor and Council from
amending, altering, or adding to the provisions of this Chapter in relation to
the water supply or the rules of same which may be adopted in conformity
therewith. Provided, that no alteration in water rates shall apply to any
charge upon, or contract made with, an owner under this Chapter until after
the expiration of the time for which such charge was made or contract
entered into. Hereafter when, and/or if, the Mayor and City Council deem it
advisable to alter the water or installation rates or charges as in this
Chapter recorded, such changes shall be made by resolution. (Ord. 476,
4-21-1987)
9-1-24: WATER FUND: All fees and charges received and collected
under the authority of this Chapter shall be deposited and
credited to a fund to be designated as the Water Fund. The accounts of
said Fund shall show all receipts and expenditures for the maintenance,
operation, upkeep and repair of the domestic water system and any
payments into a sinking fund established for the purpose of paying principal
of and interest on the water indebtedness of the City which shall from time
to time be outstanding. As provided by law, when budgeted and
appropriated, the funds and credits to the account of the Water Fund shall
be available for the payment of the requirements for the maintenance,
operation, repairs and upkeep of the domestic water system of the City, and
to the extent legally available, for payment into a sinking fund established
for the payment of the principal and interest on any water bond
indebtedness of the City which shall from time to time be outstanding. (Ord.
476, 4-21-87)
9-1-25: PRIVATE WATER SYSTEMS: Where the Municipal water
system is not available under the provisions of this Chapter, a
private water system may be installed; provided, that the system complies
with all the provisions of this Chapter. (Ord. 273,1-6-1975, eft. 2-1-1975)
City of Meridian
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March 23, 2001
MERIDIAN CITY COUNCIL MEETING March 27, 2001
APPLICANT Resolution ITEM NO. 4
REQUEST Resolution - Declaring Surplus Property and Authorizing Transfer to
the Lowman Fire District
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
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Contacted:
Date:
Phone:
Materials presented at public meeHngs shall become property of the City of Meridian.
RESOLUTION NO.
1~~ 4-
RECEIVED
MAR 2 7 2001
CITY OF MERIDIAN
(
BY:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
SETIING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE
SURPLUS PROPERTY; AUTHORIZING THE MAYOR OF THE CITY OF
MERIDIAN TO CONVEY A 1973 FORD AMERICAN LaFRANCE FIRE TRUCK,
SERIAL #213325, TO THE LOWMAN FIRE DEPARTMENT, LOWMAN, IDAHO
PURSUANT TO IDAHO CODE SECTION 50-1405;
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to declare the
Meridian Fire Department's 1973 Ford American LaFrance Fire Truck, Serial #213325 as
surplus property, due to the fact that this particular fire truck is no longer needed or
used by the Meridian Fire Department. Additionally, the cost and expense to the
Meridian Fire Department for maintaining the fire truck exceeds its value to the City of
Meridian.
WHEREAS, the City of Meridian desires to convey the Meridian Fire
Department's 1973 Ford American Lafrance Fire Truck, Serial #213325, to the Lowman
Fire Department, which is a quasi-municipal entity engaged in providing fire protection
services in the area of Lowman, Idaho, and pursuant to Idaho Code Section 50-1405.
WHEREAS, the cost of maintaining the Meridian Fire Department's 1973 Ford
American LaFrance Fire Truck until said truck could be sold, if it could be sold, would
result in the unnecessary expenditure of City funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as
follows:
1. The Mayor and City Council hereby authorize and declare that the
Meridian Fire Department's 1973 Ford American Lafrance Fire Truck,
Serial #213325, is surplus property.
2. The Mayor and City Council hereby authorize the conveyance of the
Meridian Fire Department's 1973 Ford American Lafrance Fire Truck,
Serial #213325, for no monetary consideration, to the Lowman Fire
Resolution Declare 1973 Ford American LaFrance
Fire Truck as Swplus Property and Convey it to the
Lowman Fire Deparbnent
1
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(,
(
Department, which is a quasi-municipal entity engaged in providing fire
protection services in the area of Lowman, Idaho.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of . 2001.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 2001.
Mayor Robert D. Corrie
ATIEST:
City Clerk
Z: \ Work\M\Meridian \Meridian 15360M\Fire Dept\SurplusFireTmckRESOLU .doc
Resolution Declare 1973 Ford American LaFrance
Fire Truck as Surplus Property and Convey it to the
Lowman Fire Department
2
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certify that on the day of ,2001, the
following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
SETIING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE
SURPLUS PROPERTY; AUTHORIZING THE MAYOR OF THE CITY OF
MERIDIAN TO CONVEY A 1973 FORD AMERICAN LaFRANCE FIRE TRUCK,
SERIAL #213325, TO THE LOWMAN FIRE DEPARTMENT, LOWMAN, IDAHO
PURSUANT TO IDAHO CODE SECTION 50-1405;
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to declare the
Meridian Fire Department's 1973 Ford American Lafrance Fire Truck, Serial #213325 as
surplus property, due to the fact that this particular fire truck is no longer needed or
used by the Meridian Fire Deparbnent. Additionally, the cost and expense to the
Meridian Fire Department for maintaining the fire truck exceeds its value to the City of
Meridian.
WHEREAS, the City of Meridian desires to convey the Meridian Fire
Department's 1973 Ford American LaFrance Fire Truck, Serial #213325, to the Lowman
Fire Department, which is a quasi-municipal entity engaged in providing fire
protection services in the area of Lowman, Idaho, and pursuant to Idaho Code Section
50-1405.
WHEREAS, the cost of maintaining the Meridian Fire Department's 1973 Ford
American Lafrance Fire Truck until said truck could be sold, if it could be sold, would
result in the unnecessary expenditure of City funds.
Certificate of Clerk for Resolution Declare 1973
Ford Americian Lafrance Fire Truck as Surplus
Property and Convey it to the Lowman Fire
Department
1
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!,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as
follows:
1. The Mayor and City Council hereby authorize and declare that the
Meridian Fire Department's 1973 Ford American LaFrance Fire Truck,
Serial #213325, is surplus property.
2. The Mayor and City Council hereby authorize the conveyance of the
Meridian Fire Department's 1973 Ford American Lafrance Fire Truck,
Serial #213325, for no monetary consideration, to the Lowman Fire
Department, which is a quasi-municipal entity engaged in providing fire
protection services in the area of Lowman, Idaho.
William G. Berg, Jr.
STATE OF IDAHO,)
ss.
County of Ada,
)
On this day of , in the year 2001, before me,
, a Notary Public, appeared WILLIAM G.
BERG, JR., known or identified to me to be the City Clerk of the City of Meridian,
Idaho, that executed the said instrument, and acknowledged to me that he executed the
same on behalf of the City of Meridian.
Notary Public for Idaho
Commission Expires:
\ \ NP A_N1S4O_PDC\ SERVER_Z\ W ork\ M\ Meridian \ Meridian 15360M\ Fire Dept\ CertOfOerkSurplusFireTruckandDonating.doc
Certificate of Clerk for Resolution Declare 1973
Ford Americian Lafrance Fire Truck as Surplus
Property and Convey it to the Lowman Fire
Department
2
March 23, 2001
MERIDIAN CITY COUNCIL MEETING
APPLICANT Resolution
REQUEST Resolution - Election for Mill Levy Adjustment
March 27, 2001
ITEM NO.
5
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FiRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
0f
j Of/ 3
y?
ptS~
Contacted:
Date:
Phone:
Materials presented at public meetings shaU become property of the CRy of Meridian.
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RECEIVED
MAR 2 7 2001
RESOLUTION NO.
f)1-:J6~
CITY OF 1ffiRIDIAN
A RESOLUTION PROCLAIMING A SPECIAL CITY ELECTION TO BE HELD ON
TUESDAY, MAY 22, 2001, DESIGNATING THE POLLING PLACES AND TIMES,
AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
NlERIDIAN, THAT:
SECTION 1: A special city election will be held in and for the City of Meridian, Idaho
on the 22nd day of May, 2001, for the purpose of considering the following proposition:
Shall the City be allowed to increase its budget for the 2001/2002
budget year, by an amount not to exceed the difference between
.004 and the amount of the levy for the 2000/2001 budget year,
multiplied by the market value of assessable property in such year?
SECTION 2: The following are designated as the polling places for such election and
which shall be open at 8:00 A11 and remain open until 8:00 PM:
FOR THE FIRST PRECINCT #800
American Legion Hall
22 W. Broadway Avenue
Meridian, Idaho
FOR THE SECOND PRECINCT #801
_~eridian City Hall
33 E. Idaho Avenue
Meridian, Idaho
FOR THE THIRD PRECINCT #802
Meridian Library
1326 W. Cherry Lane
Meridian, Idaho
FOR THE FOURTH PRECINCT #803
Locust Grove Grange
1201 E. Victory Road
Meridian, Idaho
Resolution To Raise Tax Levy Rate FY 2001-2002 Page 1 of2
(
SECTION 3: The City Clerk shall be the registrar for such special election and shall
conduct voter registration in accordance with the provisions of Idaho Code Section 34-1402.
SECTION 4: The City Clerk shall give public notice of the time and place of holding
such special city election by posting such notice in three public places or publishing such notice
in at least two issues of the Idaho Statesman, the official newspaper of the City of Meridian,
Idaho, and two issues of the Valley Times distributed out of Eagle, Idaho, the first publication of
such notice to be made not less than 12 days previous to the date of such city election and the last
publication not less than 5 days prior to the election. The notice so published shall state the
polling place in each precinct and the hours during which the polls shall be open for the purpose
of voting are from 8:00 a.ffi. to 8:00 p.m., and shall contain such information as is required under
Section 50-436 of the Idaho Code.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 27th day of
March, 2001.
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ATTEST:
Resolution To Raise Tax Levy Rate FY 2001-2002 Page 2 of2
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RECEIVED
MAR 2 7 2001
RESOLUTION NO.
CITY OF MERIDIAN
A RESOLUTION PROCLAIMING A SPECIAL CITY ELECTION TO BE HELD ON
TUESDAY, MAY 22, 2001, DESIGNATING THE POLLING PLACES AND TIMES,
AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
1vlERIDIAN, THAT:
SECTION 1: A special city election will be held in and for the City of Meridian, Idaho
on the 22nd day of May, 2001, for the purpose of considering the following proposition:
Shall the City be allowed to increase its budget for the 2001/2002
budget year, by an amount not to exceed the difference between
.004 and the amount of the levy for the 2000/2001 budget year,
multiplied by the market value of assessable property in such year?
SECTION 2: The following are designated as the polling places for such election and
which shall be open at 8:00 AM and remain open until 8:00 PM:
FOR THE FIRST PRECINCT #800
American Legion Hall
22 W. Broadway Avenue
Meridian, Idaho
FOR THE SECOND PRECINCT #801
Meridian City Hall
33 E. Idaho Avenue
Meridian, Idaho
FOR THE TIllRD PRECINCT #802
Meridian Library
1326 W. Cherry Lane
Meridian, Idaho
FOR THE FOURTH PRECINCT #803
Locust Grove Grange
1201 E. Victory Road
Meridian, Idaho
Resolution To Raise Tax Levy Rate FY 2001-2002 Page 1 of2
(
(
SECTION 3: The City Clerk shall be the registrar for such special election and shall
conduct voter registration in accordance with the provisions of Idaho Code Section 34-1402.
SECTION 4: The City Clerk shall give public notice of the time and place of holding
such special city election by posting such notice in three public places or publishing such notice
in at least two issues of the Idaho Statesman, the official newspaper of the City of Meridian,
Idaho, and two issues of the Valley Times distributed out of Eagle, Idaho, the first publication of
such notice to be made not less than 12 days previous to the date of such city election and the last
publication not less than 5 days prior to the election. The notice so published shall state the
polling place in each precinct and the hours during which the polls shall be open for the purpose
of voting are from 8:00 a.lll. to 8:00 p.m., and shall contain such information as is required under
Section 50-436 of the Idaho Code.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 27th day of
March, 2001.
Robert D. Corrie, Mayor
ATTEST:
William G. Berg, Jr., City Clerk
Z:\W ork\M\Meridian\Meridian 15 360M\Resolutions City Hall\200 1 \ResRaisetaxlevyrateFY200 1-2002 .doc
Resolution To Raise Tax Levy Rate FY 2001-2002 Page 2 of2
(
RESOLUTION NO.
A RESOLUTION PROCLAIMING A SPECIAL CITY ELECTION TO BE HELD ON
TUESDAY , MAY 22, 2001, DESIGNATING THE POLLING PLACES AND TIMES,
AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
rvIERIDIAN, THAT:
SECTION 1: A special city election will be held in and for the City of Meridian, Idaho
on the 22nd day of May, 2001, for the purpose of considering the following proposition:
Shall the City be allowed to increase its budget for the 2001/2002
budget year, by an amount not to exceed the difference between
.004 and the amount of the levy for the 2000/2001 budget year,
multiplied by the market value of assessable property in such year?
SECTION 2: The following are designated as the polling places for such election and
which shall be open at 8:00 AM and remain open until 8:00 PM:
FOR THE FIRST PRECINCT #800
American Legion Hall
22 W. Broadway Avenue
Meridian, Idaho
FOR THE SECOND PRECINCT #801
Meridian City Hall
33 E. Idaho Avenue
Meridian, Idaho
FOR THE TIllRD PRECINCT #802
Meridian Library
1326 W. Cherry Lane
Meridian, Idaho
FOR THE FOURTH PRECINCT #803
Locust Grove Grange
1201 E. Victory Road
Meridian, Idaho
Resolution To Raise Tax Levy Rate FY 2001-2002 Page 10f2
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SECTION 3: The City Clerk shall be the registrar for such special election and shall
conduct voter registration in accordance with the provisions of Idaho Code Section 34-1402.
SECTION 4: The City Clerk shall give public notice of the time and place of holding
such special city election by posting such notice in three public places or publishing such notice
in at least two issues of the Idaho Statesma~ the official newspaper of the City of Meridian,
Idaho, and two issues of the Valley Times distributed out of Eagle, Idaho, the first publication of
such notice to be made not less than 12 days previous to the date of such city election and the last
publication not less than 5 days prior to the election. The notice so published shall state the
polling place in each precinct and the hours during which the polls shall be open for the purpose
of voting are from 8:00 a.m. to 8:00 p.llL, and shall contain such information as is required under
Section 50-436 of the Idaho Code.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 27th day of
March, 2001.
Robert D. Corrie, Mayor
ATTEST:
William G. Berg, Jr., City Clerk
z: \W ork\M\Meridian \Meridian 15360M\ResolutioDs City Hal1\200 1 \ResRaisetaxIevyrateFY200 1-2002.doc
Resolution To Raise Tax Levy Rate FY 2001-2002 Page 2 of2
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RECEIVED
MAR 2 3 2001
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~' A RESOLUTION PROCLAIMING A SPECIAL CITY ELECTION ~ BE HELD ON
TUESDAY, MAY 22, 2001, DESIGNATING THE POLLING PLACE 1\ND 71 M fS
ESTABLISHING ONE-(l) CIT~~ION-PRECINCT; DESIGNATING ~HE
REGISTRAR ltND-~PlJ~-Y-Rffi<YIS~ AND ORDERING THE CITY CLERK TO
GIVE NOTICE OF SUCH ELECTION.
RESOLUTION NO.
CITY OF MERIDIAN
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, THAT:
SECTION 1: A special city election will be held in and for the City of Meridian, Idaho
on the 22nd day of May, 2001, for the purpose of considering the following proposition:
Shall the City be allowed to increase its budget for the 2001/2002
budget year, by an amount not to exceed the difference between
.004 and the amount of the levy for the 2000/2001 budget year,
multiplied by the market value of assessable property in such year?
SECTION 2: The election pc. cts shall be as designated by Ada County,
pursuant to the provisions ofT. , aaho de and the polling place for such election shall be
the Meridian City Hall ast Idaho, Meridian, S~ ~ o-rdt~e:vr.~ 81'f
SECTION 3: The City Clerk shall be the registrar for such special election and shall
conduct voter registration in accordance with the provisions of Idaho Code Section 34-1402.
SECTION 4: The City Clerk shall give public notice of the time and place of holding
such special city election by posting such notice in three public places or publishing such notice
in at least two issues of the Idaho Statesman, the official newspaper of the City of Meridian,
Idaho, and two issues of the Valley Times distributed out of Eagle, Idaho, the first publication of
such notice to be made not less than 12 days previous to the date of such city election and the last
publication not less than 5 days prior to the election. The notice so published shall state the
polling place in each precinct and the hours during which the polls shall be open for the purpose
of voting are from 8:00 a.m. to 8:00 p.m., and shall contain such information as is required under
Section 50-436 of the Idaho Code.
Resolution To Raise Tax Levy Rate FY 2001-2002 Page 1 of2
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PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 2 7~ day
OJMarCh, 2001.
Robert D. Corrie, Mayor
ATTEST:
William G. Berg, Jr., City Clerk
z:\ W ork\M\Meridian\Meridian 15360M\Resolutions City Hall\200 1 \ResRaisetaxlevyrateFY200 1-2002.doc
Resolution To Raise Tax Levy Rate FY 2001-2002 Page 2 of2
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ORDINANCE NO.
841-
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AN ORDINANCE OF THE CITY OF MERIDIAN PROCLAIMING A GENERAL CITY
ELECTION TO BE HELD ON NOVEMBER 2~ 1999~ DESIGNATING THE POlliNG
PLACES AND TIMES. AND ORDERING THE CITY CLERK TO GIVE NOTICE OF
SUCH ELECTION: AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN~ IDAHO THAT:
SECTION 1: The General City Election will be held in and for the City of Meridian
on the 2nd day of November, 1999, at which time there will be elected Mayor and
Council Members for Seat #1 and Seat #3 to serve for a term of four years! or until the
election and qualification of their successors.
SECTION 2: The following are designated as the polling places for such election
and which shall be open at 8:00 AM and remain open until 8:00 PM:
FOR THE FIRST PRECINCT #800
American Legion Hall
22 W. Broadway Avenue
Meridian, Idaho
t. ~
FOR THE SECOND PRECINCT #801
Meridian City Hall
33 E. Idaho Avenue
Meridian, Idaho
FOR THE THIRD PRECINCT #802
Meridian Library
1326 W. Cherry Lane
Meridian, Idaho
Foil iI/if rflUItTt4 Pl?eclNcr
Loc<<.r~ 61"ove. Grah:Je If 803
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SECTION 3: The City Clerk, for and on behalf of the Mayor and Council, shall
give public notice of the time and place of holding such General City Election by posting
such notice in three public places or publishing such notice in at least two issues of the
Valley News, a newspaper printed and published in the City of Meridian, Idaho, the first
publication of such notice to be made not less than 45 days prior to the date of such
City Election and the last publication not less than 15 days prior to the date of the
election; the notice so published shall state the polling place in each precinct and the
hours during which the polls shall be open for the purpose of voting; said notice to
contain such information in accordance with the requirements of Section 50-436 of the
Idaho Code.
GENERAL ELECTION I POLLING PLACE ORDINANCE
PAGE 1
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PASSED by the Council and APPROVED by the Mayor this 7th day of
September, 1999.
ATTEST:
GENERAL ELECTION I POlliNG PLACE ORDINANCE
PAGE 2
** TX CONF I R~{
N REPORT **
AS OF
MAR 27 I(
3:57
PAGE. 01
CITY OF MERIDIAN
DATE TIME TO/FROM
18 03/27 13:56 LEGAL DEPARTMENT
MODE MIN/SEC PGS CMDij STATUS
EC--S 01'21" 004 028 OK
-----------~--------------------------------------------------------------------------------
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RECEIVED
MAR 2 3 2001
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tf'"' A RESOLUTION PROCLAIMING A SPECIAL CITY ELECTION TJ? BE HELD ON
TUESDAY, MAY 22, 2001, DESIGNATING THE POLLING PLACE ~ 71 M f.s
ESTABUgRDfG ONE (1) CIT".ar ",.",'mE ELECTION PRECINCT, DESIGNATING 'flm
RlSGI3'fIUR. itN'~'F\'--RE6l'ISIf:RARS; AND ORDERlNG THE CITY CLERK TO
GIVE NOTICE OF SUCH ELECTION.
RESOLUTION NO.
CITY OF MERIDIAN
BE IT RESOLVED BY THE 11A YOR AND COUNCIL OF THE CITY OF
MERIDIAN) TIIAT:
SECTION 1: A special city election will be held in and for the City of Meridian, Idaho
on the 22nd day of May, 2001, for the purpose of considering the following proposition:
Shall the City be allowed to increase its budget for the 2001/2002
budget year~ by an amount not to exceed the difference between
.004 and the amount of the levy for the 2000/2001 budget year,
multiplied by the market value of assessable property in such year?
SECTION 2; The election pc' cts shall be as designated by Ada County,
pursuant to the provisions ofT. , aho e and the polling place for such election shall be
the Meridian City Hall" ast Idaho, Meridian, Se.€ M:tl crn:R"ri-t.~of 8 #
SECTION 3: The City Clerk shall be the registrar for such special election and shall
conduct voter registration in accordance with the provisions of Idaho Code Section 34...1402.
SECTION 4: The City Clerk shall give public notice of the time and place of holding
such special city election by posting such notice in three public places or publishing such notice
in at least two issues of the Idaho Statesman, the official newspaper of the City of Meridian,
Idaho, and two issues of the Valley Times distributed out of Eagle, Idaho, the first publication of
such notice to be made not less than 12 days previous to the date of such city election and the last
publication not less than 5 days prior to the election. The notice so published shall state the
poUing place in each precinct and the hours during which the polls shall be open for the purpose
of voting are from 8:00 a.m. to 8:00 p.m., and shall oontain such information as is required under
Section 50-436 of the Idaho Code.
Resolution To Raise Tax Levy Rate FY 2001-2002 Page 1 of2
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RECEIl __AD
MAR 2 3 200f
OFFICE COpy
interoffice
MEMORANDUM
City of Meridian
City Clerk Office
From:
~~l&-~
3-Z5-0J~
To: William G. Berg, Ira
Subject:
Resolution To Raise Tax Levy Rate FY 2001-2002 --
Date:
March 9, 2001
Please find attached the original of the Resolution pertaining to the tax
levy rate for 2001-2002a This matter will now need to be placed upon an up coming
City Council meeting.
If you have any questions please give me a call.
.....
..
msglZ:\W ork\M\Meridian\Meridian 15360M\Resolutions City Hall\200 I \Berg TaxLevy03090 1.1\1em
RECEIVED
MAR 2 3 2001
RESOLUTION NO.
CITY OF MERIDIAN
A RESOLUTION PROCLAIMING A SPECIAL CITY ELECTION TO BE HELD ON
TUESDAY, MAY 22, 2001, DESIGNATING THE POLLING PLACE AND
ESTABLISHING ONE (1) CITY-WIDE ELECTION PRECINCT; DESIGNATING THE
REGISTRAR AND DEPUTY REGISTRARS, AND ORDERING THE CITY CLERK TO
GIVE NOTICE OF SUCH ELECTION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, THAT:
SECTION 1: A special city election will be held in and for the City of Meridian, Idaho
on the 22nd day of May, 2001, for the purpose of considering the following proposition:
Shall the City be allowed to increase its budget for the 2001/2002
budget year, by an amolUlt not to exceed the difference between
.004 and the amount of the levy for the 2000/2001 budget year,
multiplied by the market value of assessable property in such year?
SECTION 2: The election precinct or precincts shall be as designated by Ada County,
pursuant to the provisions of Title 34, Idaho Code and the polling place for such election shall be
the Meridian City Hall, 33 East Idaho, Meridian, Idaho.
SECTION 3: The City Clerk shall be the registrar for such special election and shall
conduct voter registration in accordance with the provisions of Idaho Code Section 34-1402.
SECTION 4: The City Clerk shall give public notice of the time and place of holding
such special city election by posting such notice in three public places or publishing such notice
in at least two issues of the Idaho Statesman, the official newspaper of the City of Meridian,
Idaho, and two issues of the Valley Times distributed out of Eagle, Idaho, the first publication of
such notice to be made not less than 12 days previous to the date of such city election and the last
publication not less than 5 days prior to the election. The notice so published shall state the
polling place in each precinct and the hours during which the polls shall be open for the purpose
of voting are from 8:00 a.m. to 8:00 p.m., and shall contain such information as is required under
Section 50-436 of the Idaho Code.
Resolution To Raise Tax Levy Rate FY 2001-2002 Page 1 of2
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PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this day
of March, 2001.
Robert D. Corrie, Mayor
ATTEST:
William G. Berg, Jr., City Clerk
z:\ W ork\M\Meridian \Meridian 15360M\Resol utions City Hall\200 1 \ResRaisetaxlevyrateFY200 1-2002 .doc
Resolution To Raise Tax Levy Rate FY 2001-2002 Page 2 of2
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March 23, 2001
MERIDIAN CITY COUNCIL MEETING
March 27 I 2001
APPLICANT Ordinance No. 883 ITEM NO. 6
REQUEST Recodification of Ordinance No. 883 relating to the Human Excretion
Waste Ordinance
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached
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Contacted:
Date:
Phone:
Materials presented at public meetings shall become property of the City of Meridian..
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CITY OF MERIDIAN
AN ORDINANCE TO RECODIFY ORDINANCE NO. 883
BY: .Rl.~ !9nd.eYj ern.-
dl ry ~ 0?'L cd in. ~,YL 6-e/l-
AN ORDINANCE TO RECODIFY ORDINANCE NO. 883 OF THE CITY OF
MERIDIAN AS SECTION 12 OF CHAPTER 3 OF TITLE 6 OF THE
MERIDIAN CITY CODE RELATING TO EXCRETION OF HUMAN WASTE;
PROVIDING FOR THE PROTECTION OF PUBLIC HEALTH; PROVIDING
FOR DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Section 9, Excretion of Human Waste, of Chapter 3 of Title
6 is hereby recodified as Section 12.
SECTION 2:
That Section 12 of Chapter 3 of Title 6 shall read as follows:
6-3-12:
EXCRETION OF HUMAN WASTE
A. To promote and protect the public health of the inhabitants of the City
of Meridian City it shall be a misdemeanor for any person to excrete
human waste upon the ground within the corporate city limits.
B. For purposes of this Ordinance, the following definitions shall apply:
1. EXCRETION: The discharge of human waste from the body,
including the acts of defecation and urination.
2. HUMAN WASTE: Human feces or human urine.
3. GROUND: The surface of the earth and anything attached to
or setting upon said surface except toilet facilities used as
receptacles for human waste.
ORDINANCE AMENDING ORDINANCE NO. 883 HUMAN WASTE -
PAGE 1 OF 2
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SECTION" 3: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 4: VALIDITY: The Meridian City Council hereby declares that
any section, paragraph, sentence or word of this Ordinance as adopted and amended
herein be declared for any reason to be invalid it is the intent of the Meridian City
Council that it would have passed all other portions of this ordinance independent of
the elimination herefrom of any portion as may be declared invalid.
SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force and
effect within one (1) month after its passage, approval and publication, according to
law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 27.fIL
day of f11 ?t/LcL , 2001.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z 7 -I1r
day of mCr/Lc/fL" , 2001.
ATTEST:
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ORDINANCE AMENDING ORDINANCE NO. 883 HUMAN WASTE -
PAGE 2 OF 2
INTEROFFICE
MEMORANDUM
RECEIVED
MAR 2 3 2001 .
City of Meridian
City Clerk Office
To: William G. Berg, Jr. (original)
Cc: Mayor Robert D. Corrie and City uncil
From: Marlene St. Geor
Date: March 23, 2001
Please find attached the original of the Ordinance Recodifying Ordinance No.
883, pertaining/to Excretion of Human Waste. This was given a duplicate code
section, therefore, this ordinance recodifies section 9, and allows for a new section 12.
This ordinance will need to be placed upon the City Council worl(shop on March 27,
200 I. If approved after discussion, please place upon the April 3, 2001 City Council
meeting.
If you have any questions please advise.
z:\ W ork\M\Meridian\Meridian 15360 M\Ordinances City Hall\200 I Ordinances\Berg032I 0 I Mem.doc
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CITY OF MERIDIAN
AN ORDINANCE TO RECODIFY ORDINANCE NO. 883
BY:
AN ORDINANCE TO RECODIFY ORDINANCE NO. 883 OF THE CITY OF
MERIDIAN AS SECTION 12 OF CHAPTER 3 OF TITLE 6 OF THE
MERIDIAN CITY CODE RELATING TO EXCRETION OF HUMAN WASTE;
PROVIDING FOR THE PROTECTION OF PUBIC HEALTH; PROVIDING
FOR DEFINITIONS; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION I: That Section 9, Excretion of Human Waste, of Chapter 3 of Title
6 is hereby recodified as Section 12.
SECTION 2:
That Section 12 of Chapter 3 of Title 6 shall read as follows:
6-3-12:
EXCRETION OF HUMAN WASTE
A. To promote and protect the public health of the inhabitants of the City
of Meridian City it shall be a misdemeanor for any person to excrete
human waste upon the ground within the corporate city limits.
B. For purposes of this Ordinance, the following definitions shall apply:
1" EXCRETION: The discharge of human waste from the body,
including the acts of defecation and urination.
2. HUMAN WASTE: Human feces or human urine.
3. GROUND: The surface of the earth and anything attached to
or setting upon said surface except toilet facilities used as
receptacles for human waste.
ORDINANCE AMENDING ORDINANCE NO. 883 HUMAN WASTE -
PAGE 1 OF 2
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SANITARY SEWER EASEMENT
THIS INDENTURE, made this d1R day of 1l1t1~CII ,2001,
between Laneyland LP, the parties of the first part, and hereinafter called the
Grantors: and the City of Meridian, Ada County, Idaho, the party of the 1ffeOlfuEBI]:REQUES T OF
and hereInafter called the Grantee; ~ 0 ^ COU TY ~"~RI' DIAU I"fTV : "
1-\ ,"-\ N RECORDER MJ::..... ""-,.~
J. DAVID NAVARRO ..
r~f)lSF., ![I/\~O FEE e- DEPUTY
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WITNESte~1Ml:19 P~1 I: 25 ~-(r I 0 I 0 3 659 9
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WHEREAS, the Grantors desire to provide a sanitary sewer right-oE-way across
th-e premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is provided for through an underground
pipeline constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from
time to time by Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the
Grantors, and other good and valuable consideration, the Grantors do hereby give,
grant and convey unto the Grantee the right-of-way for an easement for the operation
and maintenance of the sewer line over and across the following described property.
The legal description for this easement shall be the legal description for the
vacation of the alley, described as follows: and as shown on Exhibi t A
I
A portion of the 16 foot public alley of Block 5 of the Amended Plat of the
Townsite of Meridian as filed for record in the office of the Ada County
Recorder, Boise, Idaho in Book 1 of Plats at page 30 lying in the SW V4 of
Section 7, T.3N., R.IE., B.M., Meridian, Ada County, Idaho and more
particularly described as follows:
BEGINNING at a point marking the Northwest comer of Lot 1 of said BlocIc
5 of the Amended Plat of the townsite of Meridian; thence along the West
boundary of said public alley
North 00057'31 " East 16.00 feet to a point marlcing the Northwest corner of
said public alley; thence along the North boundary of said public alley
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE I OF4
South 88020'26" East 85.87 feet to a point; thence leaving said North
boundary
South 00057'31 " West 16.00 feet to a point on the South boundary of said.
public alley;
thence along said South bormdary North 88020'26" West 85.87 feet to the
POINT OF BEGINNING,
Said parcel of land contains 1,374 square feet, more or less.
The easement hereby granted is for the purpose of construction and operation of a
sanitary sewer line and its allied facilities, together with its maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said
Grantee, it's successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto, that after making repairs or performing other maintenance, Grantee shall
restore the area of the easement and adjacent property to that existent prior to
undertaking such repairs and maintenance. However, Grantee shall not be
responsible for repairing, replacing or restoring anything placed 'Within the area
described in this easement that was placed there in violation of this easement.
THE GRANTORS hereby covenant and agree that they 'Will not place or allow to be
placed any permanent structures, trees, brush, or perennial shrubs or flowers within
the area described for this easement, which would interfere 'With the use of said
easement, for the purposes stated herein.
~ THE GRANTORS do hereby covenant with the Grantee that they are lawfully
seized and possessed of the aforementioned and described tract of land, and that they
have a good and lawful right to convey said easement, and that they will warrant and
forever defend the title and quiet possession thereof against the lawful claims of all
persons whomever.
IN WITNESS WHEREOF, the said parties of the first p.art have hereunto
subscribed their signatures the day and year first herein above written.
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE20F4
~EYLAND,LP-GRANTORS
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CITY OF MERIDIAN - GRANTEES
ATTEST:
BY.
William G. Berg, Jr., City Cle
ss:
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STATE OF IDAHO,
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County of Ada,
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EXPtRPtT10tJ
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On this ~i- day of '111a.JLr ~ ,2001, before
me, the undersigned, a Notary Public in and for said State, personally appeared
STEVEN LANEY, of Laneyland, LP, that executed the within instrument, and
acknowledged to me that such entity executed the same.
IN WITNESS WHEREOF, I have hereunt~ set my hand and affIXed my
official seal the day and year first ~bove written.
SANITARY SEWER EASEMENT
GENERATIONS PLAZA
PAGE30F4
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N ary P blic for Idaho ,
Residing at: ~ ) ~
My Commission Expires: 005
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STATE OF IDAHO,
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County of Ada,
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On this J7-th day of Y'v1~ , 2001, before me,
the undersigned, a Notary Public in and for said State, personally appeared ROBERT
D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City
Clerk of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my
official seal the day and year first above written.
(SEAL)
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