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Home My WebLink About1999 10-12 ( MERIDIAN PLANNING & ZONING COMMISSION AGENDA TUESDAY, OCTOBER 12, 1999 -7:00 P.M. ROLL CALL: X TAMMY DE WEERD X THOMAS BARBEIRO X RICHARD HATCHER X KENT BROWN X CHAIRMAN KEITH BORUP CONSENT AGENDA A. MINUTES OF MEETING HELD AUGUST 31,1999 APPROVE B. MINUTES OF MEETING HELD SEPTEMBER 14,1999 APPROVE C. MINUTES OF SPECIAL MEETING HELD SEPTEMBER 16,1999 APPROVE D. MINUTES OF SPECIAL MEETING HELD SEPTEMBER 30, 1999 APPROVE REGULAR AGENDA 1. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: REQUEST FOR ACCESSORY USE PERMIT FOR HOME DA YCARE BY DARCY ROBERTSON - 1458 N. HAVEN COVE AVENUE: APPROVE F/F & elL - APPROVE DECISION 2. CONTINUED PUBLIC HEARING: ANNEXATION & ZONING OF 150.79 ACRES OF LAND (FOR R-4 ZONING) BY BEAR CREEK, LLC-EAST OF STODDARD ROAD & SOUTH OF OVERLAND: APPROVE RECOMMENDA liON TO CITY COUNCIL 3. CONTINUED PUBLIC HEARING: PRELIMINARY PLAT FOR PROPOSED BEAR CREEK SUBDIVISION OF 326 SINGLE FAMILY DWELLING LOTS BY BEAR CREEK, LLC-EAST OF STODDARD ROAD & SOUTH OF OVERLAND: APPROVE RECOMMENDA liON TO CITY COUNCIL 4. PUBLIC HEARING: VACATION OF TWO 10 FOOT WIDE PUBLIC UTILITY EASEMENTS BY W.H. MOORE COMPANY-LOTS 5 AND 6 OF BLOCK 1, MERIDIAN BUSINESS PARK: APPROVE RECOMMENDATION TO CITY COUNCIL 5. PUBLIC HEARING: ACCESSORY USE PERMIT FOR PRE SCHOOL PLAY GROUP 3 HOURS PER MORNING-5 CHILDREN BY SANDRA LOVETT-1835 S. SWAN AVENUE: CITY ATTORNEY TO PREPARE F/F & CIL - ( 6. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A 3 BUILDING RETAIL COMPLEX OF APPROX 50,000 SF ON VACANT 5.5 ACRE SITE IN A C-G ZONE BY NOReD-NORTH OF FAIRVIEW BElWEEN EAGLE ROAD AND LOCUST GROVE ROAD: CITY ATTORNEY TO PREPARE F/F & CIL 7. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR RETAIL FIBER ARTS SUPPLY STORE BY JENNIFER OAK-55 E. STATE AVENUE, OLD TOWN: CITY ATTORNEY TO PREPARE F/F & ell 8. PUBLIC HEARING: ANNEXATION AND ZONING OF 4.34 ACRES FROM C-2 AND R-8 TO C-G (WALGREEN'S) BY HAWKINS SMITH MANAGEMENT, INC.-NW CORNER OF FAIRVIEW AND LOCUST GROVE ROAD: CONTINUE PUBLIC HEARING NOVEMBER 9, 1999 9. PUBLIC HEARING: CONDITIONAL USE PERMIT TO CONSTRUCT A SINGLE TENANT COMMERCIAL BUILDING WITH A DRIVE THRU WINDOW (WALGREEN'S) BY HAWKINS-SMITH MANAGEMENT, INC.-NW CORNER OF FAIRVIEW AND LOCUST GROVE ROAD: CONTINUE PUBLIC HEARING NOVEMBER 9,1999 10. PUBLIC HEARING: ANNEXATION AND ZONING FOR OVERLAND MINI- STORAGE OF 7.25 ACRES FROM SINGLE FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI-STORAGE FACILITY BY OVERLAND MINI-STORAGE, LLC-1230 OVERLAND ROAD: APPROVE RECOMMENDATION TO CITY COUNCIL 11. PUBLIC HEARING: PRELIMINARY PLAT FOR OVERLAND MINISTORAGE SUBDIVISION BY OVERLAND MINISTORAGE, LLC-1230 E. OVERLAND ROAD: APPROVE RECOMMENDATION TO CITY COUNCIL 12. PUBLIC HEARING: CONDITIONAL USE PERMIT COMMERCIAL SUBDIVISION MINI-STORAGE ON LOT 2 OF PROPOSED OVERLAND MINI- STORAGE SUBDIVISION BY OVERLAND MINI-STORAGE, LLC-1230 OVERLAND ROAD: APPROVE RECOMMENDATION TO CITY COUNCIL 13. PUBLIC HEARING: ANNEXATION AND ZONING OF PARCEL "A" FROM RT TO SINGLE FAMILY RESIDENTIAL AND PARCEL "8" FROM SINGLE FAMILY RESIDENTIAL TO LIMITED OFFICE BY WOODBRIDGE COMMUNITY, LLC- SOUTH OF E. FRANKLIN -ROAD AND EAST OF S. LOCUST GROVE ROAD: APPROVE RECOMMENDATION TO CITY COUNCIL 14. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR 283 LOT PLANNED DEVELOPMENT ON 80.83 ACRES FROM R- T TO R-4 BY WOODBRIDGE COMMUNITY, LLC-SQUTH OF E. FRANKLIN ROAD AND EAST OF S. LOCUST GROVE ROAD: CONTINUE PUBLIC HEARING NOVEMBER 9, 1999 ( 15. PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMISSION'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR THE ESTABLISHMENT OF A NEW FEE FOR COPIES OF THE ZONING AND DEVELOPMENT ORDINANCE IN THE AMOUNT OF $25.00: APPROVE RECOMMENDATION TO CITY COUNCIL 16. RECOMMENDATION FROM P&Z FOR VACATION OF PUBLIC UTILITIES AND DRAINAGE EASEMENTS ON LOTS 5,6,12,13 BLOCK 7, WHITESTONE ESTATES NO.3 SUBDIVISION BY WHITESTONE DEVELOPMENTS, LLC- NORTH OF W. FRANKLIN ROAD AND WEST OF S. LINDER ROAD: APPROVE RECOMMENDATION TO CITY COUNCIL Meridian City Council Sp'eclal Meeting October 13, 1999 Page 24 Bentley: Mr. Mayor, I move that we go into Executive Session according to lciaho Code 67-2345 for Item A and Item C. Bird: I second it. Corrie: . Motion's been made and seconded that we go into Executive Session according to State Code 67-2345, Subsection A and C. Any further discussion? Roll-call vote. Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Anderson. Anderson: Aye. Corrie: Mr. Rountree. Rountree: Aye. Corrie: All ayes, motion's carried. We'll move into Executive Session. MOTION CARRIED: ALL AYES Bentley: Mr. Mayor, I move we come out of Executive Session. Bird: Second. Corrie: Motion made and seconded to come out of the Executive Session. AU those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the bids for the tiling of Davis Drain which borders the future five acre Chateau Park. The low bidder was Summer's Construction with the price of $59,976. Bird: Second. Meridian City Council Special Meeting October 13, 1999 Page 25 Corrie: Motion made and seconded for the Chateau Summer's Construction with the price of $59,976. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: Do we need to authorize a contract on that or - Bird: Yes, we do. The Mayor to sign and the Clerk to attest. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move that we authorize the Mayor to sign and the Clerk to attest in entering in the contract, the Summer's Construction for the tiling of Davis Drain at Chateau Park for the price not to exceed $59,976. Rountree: Second. Corrie: Motion made and seconded to award the contract, 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 Corrie: Okay. Seeing if there's anything else, I'll entertain a motion - Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Could we discuss this insurance thing next Tuesday? Just in a matter of- in our room, department reports, everybody had a chance to read it. The motion, Mr. President in light of the (inaudible) that we had (inaudible) I think we go with the recommendation the insurance committee, I think in all fairness a good-faith effort put forth by both the insurance providers and Blue Shield offered the b~st policies for the money, and what we had asked them for was a quote, and I would recommend that we go with Blue Shield. Bentley seconded it, I don't see where it said the two-year contract. Corrie: Yeah. We can put -- Meridian City Council SpecIal Meeting October 13, 1999 Page 26 Bird: We just need it and I just want to clarify it. I'm getting tired of these things being - Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: Did we enter into a contract? Corrie: We even have a contract - Bentley: With them? Corrie: Yeah. Bird: You bet you do. Bentley: Okay. Can we get a copy of that to see what it reflects? Bird: Clerk, you got that in your office? You should. All contracts are in the City Clerk's office. Corrie: Get it from the - (inaudible) Bird: You should have the original. Bentley: If you would, Mayor, I'd be particularly interested to see how that reads. Thank you. Berg: How what reads? Bentley: The contract. That's alii have. Bird: I move we adjourn. Corrie: Motion is made. Do I hear second? Anderson: Second. Corrie: We adjourn. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 9:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ( Meridian City Council Special Meeting October 13, 1999 Page 27 ATTEST" \'\ \ , \ t\ ! H JJ fJ 1l'/1 I \' ".... ~Rt::" )'1 \'\ \ Or r-..:t.::.r ". --... 1// I yo' A'" '~......~~/...,,, -<"'.. ....." ~ ~. ~ "" 1.,~~ r._;.. ~ U.I of,.J?'O!lq ').." >' v ..~ ~ - 'LG '~ ~ ::: ~ () ~ ff ~ ...... ....... MERIDIAN CITY OF MERIDIAN Wastewater Department 3401 N. Ten Mile Road Meridian, Idaho 83642 208-888-2191 · Fax 884-0744 MERIDIAN October 12, 1999 RECEIVED OCT 1 4 1999 CITY OF r\'rERID~. To: Honorable Mayor Robert D. Corrie and Members of the Meridian City Council From: John T. Shawcroft Public Works Superintendent RE: Contract for Thomas B. Dominick, Attorney" at Law Gentlemen, Celeste Vialet and I recently attended a seminar coveringJhe req.~irements of an EPA approved pretreatment program. This seminar revealed some shortcomings in our existing program, which must be corrected prior to becoming.an ap.Qroved pro9.ram. An approved program becomes required when anyone of the following criteria is reached: 1. A "Significant Industrial User' or SIU connects to the sewer system. A SIU is defined as any industry, which falls under the 40 CFR 403 Categorical Standards, any industry which discharQes 25,000 ~~lIons or more to the sewer per day, or any industry which makes up 50/0 or more of the dry weather hydraulic or organic load to the wastewater facility.. 2. A" Significant Connecting User" or SCU connects to the sewer system. A SCU is a non-industrial entity not falling under 40 CFR 403 but which meets any of the other criteria. The new St. Lukes hospital expansion could possibly meet this criterion. 3. The City~s population reaches 50,000 persons. 4. The wastewater treatment plant flow reaches 5.0 Million Gallons per Day. We are currently at 3.5 Mi"llion Gallons per Day. OUf current Pretreatment Ordinance is insufficient to support an approved program. There are loopholes which need to be eliminated, indirect discharger permit forms to be generated, enforcement issues to be resolved, local discharge limits to be reexamined and justified, and inconsistencies to be eliminated between the Sewer Use Ordinance and the Pretreatment Ordinance. The US ePA strongly suggested the use of an attorney whose specialty is environmental law. To that end, we have searched for such an attorney who is not only available, but also one who does not charge a retainer. Mr. Dominick fits the aforementioned criteria. Therefore, with no disrespect to the abilities of the Meridian City Attorney, I request permission to obtain the selVices of Mr. Dominick for the sole purpose of preparing the City of Meridian for the requirements of an approved EPA Pretreatment Program. Although the approved program requirement could still be several years away, I feel we need to begin preparing for its eventuality today. Thank you for considering this request. Sincerely, ~~ John T. Shawcroft Public Works Superintendent EMPLOYMENT CONTRACT THIS CONTRACT is made and entered into this _ day of October, 1999, by and between Dominick Law Offices hereinafter "LAW FIRM," WHOSE ADDRESS IS 1471 Shoreline Drive, Ste. 100, Boise, Idaho, 83702, and City of Meridian, hereinafter "CLIENT," WHOSE ADDRESS IS 3401 N. 10 Mile Rd., Meridian, Idaho 83642; Attn: Celeste Vialet. WITNESSETH: F or the purpose of legal representation of Client, Client agrees to hire Law Firm and Law Firm agrees to perform the following legal services for Client: Waste Water Treatment Legal Service The Law Firm will be retained by Client for a period of one (1) year. Client agrees to pay the Law Fiml for its services the hourly rate of $90.00 per hour, no retainer will be required. The Law Firm will bill Client on a monthly basis for the Law Firm's fees and any costs incurred by it. Costs and fees shall be paid by Client on the 15th of each month. At the conclusion of one year, Law Firm and Client agree to negotiate in good faith the attorney fees the Law Firm may be entitled to receive because of the nature of the case, the results obtained in the representation of Client, and the degree of complexity of the legal and factual matters that are involved in the representation. It may become necessary in the course of the representation of Client for the Law Firm to employ experts, in order to properly prepare the matter for court or for negotiation with opposing counsel. Prior to the employment of an outside expert, the -1- Law Firm will consult with Client and obtain Client's approval for such employment and Client's consent to the fees that will be charged by such expert or counsel. This employment Contract shall be treated as confidential, as will be the communications between Client and Law Firm. The Client shall have the right to terminate the Client/Law Firm relationship at any time, but shall be liable for any fees or costs due the Law Firm at the time of termination. The Law Firm shall have the right to terminate this contract for any reason, including, at the Law Firm's option, if its fees and costs are not paid in accordance with the terms of this contract. This contract is entered into this _ day of October, 1999. DOMINICK LAW OFFICES Celeste Vialet, For the City of Meridian -2- RECEI\ ::e:I) OCT 1 5 1999 Memorandmn ;8 fl j yV (j 1{ ..tr/f0~ ~i~; I'! T~l T A ;~~j ~..'3.. 1\ ,,,-.u .i!. "" :AJl1..t1.1 'i ~ ~o 8 --:lJ:3 To: Mayor Corrie cc: file (Phase II Water Line Improvement Project) From: Gary Smith Date: 10/15/99 Re: City of Meridian Waterline Project, Phase II - Ditch Crossing Agreements Mayor: I received a late mailing from Settlers Irrigation District of a proposed Crossing ~greement between the City of Meridian and the Settler's Irrigation District, for which I ri~~<i.Gouncil approval for your signature. -. -" .---. . , - . - - rfj~t~.~-~~.two (2) agreements, for crossing their ditches in two different locations in our ,". ,-. .. --... .-..-..--.--< ~~'c~8~~,l;roSSing is on Meridian Road and one is on Locust Grove Road. Each agr~merit is similar, only changing the described location of the crossing. I am hand , "I "" '._ <._ _," --. , , -.."., .._-, ,. - -..., ...- .- -. ... .- ?~H~~ri~g a copy of each agreement to Bill Gigray today, so he can hopefully find time -. .' , -. - . ,- , -", , . ~9]9:pk at them and have comments for you and the Council. I have read both agreements and don't have any comments to offer. The fonnat seems to be quite straight forward. I would appreciate it if you could put this item on the October 19th City Council agenda, under my department reports. Sorry for the short time schedule on this matter, but we have a contractor that wants to get started and losing two weeks to the next Council meeting will cause a problem with their contract completion time. Thanks, and if you have any questions please let me know. Regards, 1 ELAM & BURKE A Professional Association ATTORNEYS AND COUNSELORS AT LAW Established in 1928 KEY FINANCIAL CENTER 702 WEST IDAHO POST OFFICE BOX 1539 BOISE. IDAHO 83701 TELEPHONE 208~343-5454 JAYNE T. DAVIS FACSIMILE 208-384-5844 E-mail: jtd@elamburke.com October 12, 1999 Gary Smith City Engineer CITY OF MERIDIAN 200 E. Carlton Avenue, Ste. 100 Meridian, Idaho 83642 Re E&B No. Settlers Irrigation District - City oj Meridian 3220-9066 Dear Mr. Smith: Enclosed are drafts of the Crossing Agreements for the proposed canal crossings on Locust Grove Road, South ofFairview Avenue and on Meridian Road, North of Fairview Avenue. Please review these documents and contact me if you wish to discuss them. Be advised that Settlers Irrigation District has not yet conducted a review of these draft Agreements. Once Settlers has approved of the Agreements, we can arrange for execution of the same. If you have any questions, please do not hesitate to call me. Very truly yours, ELAM & BURKE A ProJessiona JTD/kt Enclosures cc: Nathan Draper G:\KT\ WPDA T A VTD\Seulcrs-lrrigalion\Mcridia..o\smilh-1 012. y,'JXI RECEIVED OCT 1 3 1999 MJ:I.:un. ,. CITY EN 1IUIJ'lt'4 GINEER CITY OF IVIERIDIAN - MERIDIAN ROAD \V A TER LINE CROSSING AGREEMENT This Crossing License Agreement ("Agreement") is entered into and made effective this _ day of October, 1999, by and between Settlers Irrigation District ("District"), an inigation district organized and existing under and by virtue of the laws of the State of Idaho, and the City of Meridian, an Idaho municipal corporation ("Licensee") WITNESSETH: \\TfIEREAS, the District owns and maintains a system of canals, laterals and drains, including the District's Southside Irrigation Canal, for purposes of delivering and removing irrigation water to and from its landowners, together with easements to convey water in such canals, laterals, drains; easements for ingress and egress; and for the operation, inspection, maintenance, and repair 0 f the canals, laterals, and drains; \\TfIEREAS, the Licensee desires to obtain a license ("License") from the District for the construction, operation, inspection, maintenance, and repair of a 12-inch underground water line which will cross above the 48-inch eMP Structure within the Southside Irrigation Canal System located on Meridian Road, North of Fairview A venue. The crossing will be more particularly located in the SW 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian as more particularly described in Exhibit A appended hereto, and as more particularly described in the Engineering Plans as more particularly described in Exhibit B appended hereto, ~d as attached as Exhibit C appended hereto; \\TfIEREAS, the District desires to grant the License to the Licensee for purposes of constructing, operating, inspecting, maintaining, and repairing said water line; CITY OF MERIDIAN - MERIDIAN ROAD WATER LINE - 1 G:\KT\ WPDA T A VTD\Senlers-lrrigarion\Meridian\Crossing Agreement Meridian. wpd NOW THEREFORE, in consideration of the mutual benefits to be received by the District and Licensee and other good and valuable consideration, \vhich consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: 1. Grant of License - The District hereby grants a License to Licensee for purposes of constructing, operating, inspecting, maintaining, and repairing said water line crossing the District's Southside Irrigation Canal, including such rights of ingress and egress as may be reasonably necessary for such purposes, provided that said water line is constructed as depicted in the plans, maps, drawing, and notes referenced in Exhibit B and as attached as Exhibit C. This grant is subject and subordinate to any and all property rights the District may have in the Southside Irrigation Canal. Licensee expressly acknowledges and agrees that this License does not grant Licensee the right to install any property or equipment, except as may be described in this Agreement, or the right to impair any rights of the District or others in the use of the Southside Irrigation Canal. This grant is expressly conditioned upon the prior receipt by Licensee of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement and the District's prior approval of Licensee's plans, maps, drawing, and notes concerning the activities to be conducted by Licensee under this Agreement. 2. Term of Grant of License - The term of the License shall commence upon the effective date of this Agreement and shall continue for so long as Licensee is in compliance \vith the terms of this Agreement. The District reserves the right to revoke this License, effective upon written notice to Licensee thereof, should Licensee at any time fail to comply \vith the terms of this Agreement. CITY OF MERIDIAN - MERIDIAN ROAD WATER LINE - 2 G: '.KT\ \VPDA T A VTD\Settlers~lrrigarion\t\1eridiamCrossmg A~reement Mendian. wpd 3. Construction~ Insoection.. Maintenance.. and Reoai r 0 f Crossing Site and Service Lines - Licensee, following execution of this Agreement by the parties, and after October 15, 1999, may commence construction of the Water line crossing as described in Exhibits A, B, and C and may conduct operations, inspections, maintenance, and repair activit{es, at Licensee's sole cost and expense, as may be reasonably necessary, subject to any restrictions imposed on Licensee's activities as may be set forth in this Agreement. Licensee, or Licensee's agents or contractors, shall perform all work contemplated by the terms of this Agreement in a workmanlike manner. Licensee agrees to assume all responsibility, including general liability and costs for the construction, operation, inspection, maintenance, and repair of the \vater line. Any construction or other activities by Licensee which may impede or impair the flow of water through the Southside Inigation Canal may only be performed between October 15 and March 15. Licensee expressly acknowledges that, notwithstanding Licensee's assumption of certain responsibilities and receipt of certain rights under this Agreement, the District does not relinquish its ownership rights in any portion of the Southside Irrigation Canal. 4. Representations and Warranties (a) Licensee - Licensee represents and \varrants that: (i) it is a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize Licensee to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by Licensee and is valid and binding upon Licensee in accordance \vith its terms; and (v) Licensee has obtained all permits, licenses, and acknowledgments required to conduct its activities under the terms of the Agreement. CITY OF MERIDIAN - MERlDIAN ROAD WATER LINE - 3 G:\Kr-.\VPDA T AVTD\Se[t1ers~lmgatlon\MeridlamCrossing Agreemem Meridian. wpd (b) District - The District represents and warrants that: (i) the District is an irrigation district organized and existing under and by virtue of the laws of the State ofrdaho~ (ii) the District has the capacity to enter into and perfonn the District's obligations under this Agreement~ (iii) all organizational and other actions required to authorize the District to enter into and perform this Agreement have been properly taken; and (iv) this Agreement has been properly executed and delivered by the District and is valid and binding upon the District in accordance with its terms. 5. Indemnity - Licensee agrees to protect, defend, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of Licensee or its agents related to or in connection with its activities under this Agreement and the exercise of any rights or performance of any obligations by Licensee hereunder. Furthermore, Licensee agrees to protect, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from_ or out of water quality violations, flooding, or any interruption or interference with the flow of water in the Southside Irrigation Canal caused by any act or omission of Licensee or its agents. 6. No Liens - Licensee shall allow no liens as a result of any labor p~rformed or materials supplied in connection with the activities of Licensee, or its agents or contractors, to attach to the Southside Irrigation Canal or to any adjacent lands held by the District. 7. Binding Agreement - The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and on all persons CITY OF MERIDIAN - MERIDIAN ROAD WATER LfNE - 4 G: \K T\ \VP 0 AT A VTD\Seulers- (rri ga [ion \M eridia n \C rossing :\ g.reement M eridi a n. wpd claiming under them or any of them~ and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 8. Further Consideration - In further consideration for inducing the District to grant this Licensee, the Licensee agrees to be responsible for and pay any attorney fees and costs incurred by the District in the preparation of this Agreement. 9. No Waiver - The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 10. Attorney Fees - In the event of any suit or proceeding by either party herein against the other party arising out of this Agreement or in connection with the activities of Licensee, or its agents or contractors, under this Agreement, the nonprevailing party in such suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for attorney fees and costs, including such fees and costs on appeaL 11. Interpretation - The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 12. Notices - All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a party designates in writing: Settlers Irrigation District P.O. Box 7571 Boise, ID 83707-7571 CITY OF MERIDIAN - MERIDIAN ROAD WATER LINE - 5 G:\KT\\VPDA T A VTD\Settlers-lnigarion\Meridian\Crossing Agreement Meridian. wpd City of Meridian c/o Gary Smith City Engineer 200 E. Carlton Ave., Ste. 100 Meridian, ID 83642 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. \\\\\llUffll"fl \ \ \ C:),lt /,1 I . "'~',, Of- ."JfR.'~),'/I.~.1 CITY OF MERIDIAN ", ~ ~ ''r. ;" -l ~ $ CJ o~pof.i:.1 ' C."y+ '~:;. ..... ~G /I~ ~ ~ ~~~ ~ := ~ 'vi :~:. ~~ :; SEAL f t5r: Il-!/er--! : %. .,.~~ .ff~ '" 50be . Come, Mayor Jt rJ' 7", 1..J "r 1 .....- / ,j..J ..... .. ~ /Je ~ '-, , S \. ... ~.;(l " - ~ ~,t ,,'" ~ ~etu:-" ~' ,I'//',~~/~OUN';"-{ '~\""~' SETTLERS IRRIGATION DISTRICT {l/fy e./~k.-- Illl/Hi il\:\ \ \\ By: Don Smitchger, President of its Board of Directors Attest: Vicki Keen, Secretary CITY OF MERIDIAN - MERIDIAN ROAD WATER LINE - 6 G :\KT\ \VPDA T A \JTD\Senlers-1 mgarion\lvteridian\Crossing Agreement Meridian. wpd STATE OF IDAHO ) ) SSe County of Ada ) On this ~ day of tbh-her , 1999, before me, the undersigned notary public in and for said state, personally appeared Robert D. Corrie, Mayor, City of Meridian, known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he has the authority to execute and executed the same for the purposes therein contained on behalfofthe City of Meridian. 1Ji,lli1];~ESS WHEREOF, I have hereunto set my hand and affixed my official seal the da~,4irt~J(eDr iO ;~~,ertificate first above written. ....... ~ \. .....~:..p ~~ '" ~ .. .( ~ , \. ~ ~ f ! ~OT.4..".. 't,. \ _ ~ *5 ~ -.- '* i ~~u If ttut-&U~v \ ..1\ '.. lrB L \ c: : ~ v,;.. ~ .~ ~ Notary Publis: for Idaho , '\#....,~ ........~O.l Residing at 111t';)L-iJAt .JfJuJ '#####.:b 0 F I'D ~,~",.. F .# , Commission expires 11- (}c7- (} iL .,',.......,.. 7- STATE OF IDAHO ) ) ss. County of Canyon ) On this _ day of , 1999, before me, the undersigned notary public in and for said state, personally appeared Don Smitchger, President of the Board of Directors of Settlers Irrigation District, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he has the authority to execute and executed the same for the purposes therein contained on behalf of Settlers Irrigation District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Commission Expires CITY OF MERIDIAN - MERIDIAN ROAD WATER LINE - 7 G :\K T\ WPDA T A\JTD\Settlers-lmgauon Il\1eridiamCrossing Agreement Meridian. wpd STATE OF IDAHO 55. County of Canyon On this _ day of , 1999~ before me, the undersigned notary public in and for said state, personally appeared Vicki Keen, Secretary/Treasurer of Settlers Irrigation District, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she has the authority to execute and executed the same for the purposes therein contained on behalf of Settlers Irrigation District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Commission Expires CITY OF MERIDIAN - MERIDIAN ROAD WATER LINE - 8 G ;\KT\ WPDA T A VTD\Settlers-lrrigation\o\1eridiamCrossing Agreement Meridian. wpd EXHIB IT A The subject crossing is located in the Southwest 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, and within the easterly right-of-way of Meridian Road, owned by Ada County Highway District, approx twelve (12) feet east of road centerline as generally shown on Sheet 14 of the plans attached hereto as Exhibit C. EXHIBIT B J-U-B Engineering Project No. 11510, Review Plan dated 8/24/99, Sheet 14 of 17. ~'.. .J~J,~lJI,'l/'f''t~~ l "-~'''''1 1 5 ~~~~~~; )C::u*~~' .... ~9~~()~'- i~~~2n~ ~ '<<~M2~ ded~:~~ ~~~iqi; ~n~!i~i ...~...c...c2,t.O aga~~;2 z ~i~~5~~ ~ ~~g~!~~ In C:1~~7t~~ a8~Mi!"'O 21,1\!~~! 2~l2i;Z ~-~Iif~~ _ c:~!~~~~ ~ 2;!:mii::u n ~:r;.;.,.,,..~g ~ ~~ ~~ f - ~ ~{;:~;:f ~ } ~O ! g Q~ I Io~ "'VI ... 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II ~~ i {~ ~: r---, ~! t~ ~ i~ ~:: o;~ ~A ::s. ~ ~.c ~o;log!~ c~~ ~ - & ~ ^iloAlilX .111 .=In"'!. g~ ;; I ~ l.... · g ~ - II t i: ;;t..c 0 ~ o. ~ IQ.I'~' ~ ""~ a 1 ~~o~ it I C,,!J: ; ~ ,., ~ : : II Ai.' t. ~ i..!c '-'11 ~ n Sl i 'i'n"~. ~~ I -" "Q. _ on .:" ~:~ 6-' , -,' CHERRY LA~" /t~ 7 ; ~AIRVlEW AVE. "-~~,o I ! 1/ , i: '/ ;'1 : ~ ~ I ;:\ -..J /'/ ! t ~ ~~"i) ~~~;tA a~h ~ o. o. g i~ ~ : ~; '-, ~ ~~ ,~~ o ~ J-U-B ENGINEERS. Inc. 250 SOCJTM I(IDfWOOO A...vnn: ~ 201 IOfU. Da.HO a.l7o.-otAA l"1iOHCI 201-17....7110 'oUt ~JU-tJJ4 II; / .I f 2 'I f' C\I ! \~ October 15, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 19. 1999 APPLICANT: ITEM #: 20B REQUEST: GARY SMITH - HIRING OF CONSULTING ENGINEER - LATECOMER AGREEMENTS COMMENTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED CITY POLICE OEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER OEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: NAMPA MERIDIAN IRRIGATION: )\)J/. rye (Ul~ i ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Melllorandmn To: Mayor Corrie cc: file I B.Freckleton From: Gary Smith Date: 10101/99 Re: Hiring of Consulting Engineer - Latecomer Agreements Mayor: Our workload is not pennitting us an opportunity to complete the needed ~atecomer Agreements for developer installation of water and sewer lines. In that r~rft..1 have contacted a local engineering firm, Keller Associates, to see if they can ._"..,..u.... ..~,. ...._.. .._." ~... .... ".---~. ,-,--.-- Rt:RYi-9-~~-."fttis help. They have responded with submittal of a short fonn engineering ~g~~.m:~Dt in which they will provide this service on a time and material basis~ They ..- - " . . ..", ""., ...-- ." , ., ..., ." -. ".-,...- _._. __. __ ___ '.- "h__. .' .____. __".__ ~~pmitt~~:tan hourly rate for the employees that will be working on this project. This " " ,,- .. -. -., .,., P[qpP$c:IlJs acceptable to me. 1:~WQ:uld appreciate your approval and I assume this will also need to go to Council for their approval. I don't have a projected total cost of this service. However, the cost for preparation of these agreements can be included as part of the overall project cost which is eligible for reimbursement. As usual, we will watch the consulting costs closely. If it is possible to put this on the October 5th Council agenda I would appreciate it, assuming it needs Council approvaL Thanks, Gary 1 4~ ~~l~liI1 ( Lene'r of Transmittal Date: September 28, 1999 To: Bruce Freckleton City of Meridian 200 E. Carlton, Suite 100 Meridian, ill 83642 ,~.o , ~,~ .\~ ,<' 4~ ~ - "~ !lJr -. :.. "'>,,!-~ ,:~,. ,..,.. '!f"J Subject: Late Comers Agreements :~:~t'.;,;/~:;.> '_:. " <~:\~~ Enclosed are the following items: Date 9/28/99 Copies 2 No. 2 Description Wark Order and Agreement Bruce, here is a work order for you and Gary to review. If this is what we need to get started please have the two originals signed, keep one for your files and return the other to me. After receiving the signed agreement we will prepare and submit draft water and sewer late comers agreements. Thanks Donn These are transmitted: o For your files o For action specified above o For review and comment o For your use 0 As requested Sincerely, KELLER ASSOCIATES, INC. >>~~ Donn Carnahan, P .E. Enclosure(s) cc: 131 SW 5TH AVENUE, SUITE A, MERIDIAN, IDAHO 83642 (208) 288-1992 If enclosures are not as noted, please notify us at once. ( ~ KELLER "A;^"S s, ,()^ € < Ii- A(]} E S WORK ORDER AND AGREEMENT 131 S.W. 5th Avenue, Suite A. ~IIeridian, ID 83642 r -, City of Meridian A TTN: Bruce Freckleton 200 E. Carlton, Suite 100 Meridian, 10 83642 L PROJECT: Late Comers Agreements .J PROJECT NO: 199057 Scope of Work: Keller Associates, Inc. will provide City of Meridian, (Client) the professional services described below: · Prepare late comers agreements; Prepare maps for exhibits; · Prepare fee computations for exhibits. The above described services will be performed by Keller Associates, Inc. according to the attached hourly rate billing schedule. Reimbursable Expenses are in addition to compensation for Basic Services and include expenses incurred by Keller Associates, Keller Associates' Employees, and consultants in the interest of the project. If this Work Order and Agreement correctly summarizes our understanding of the Scope of Work you have requested and the agreed-upon fee for .our services, please sign it to indicate your approval and return one copy as our authorization to proceed. All work performed will be in accordance with accepted standards of professional practice. All original documents are the property of Keller Associates, Inc. except where by law these documents become public property. We will invoice you monthly for the work and expenses incurred during the preceding month. Payment for the above services will be due upon receipt of our invoice and interest at the rate of 1 %% per month shall accrue upon the unpaid principal balance of all invoices not paid within thirty (30) days. In the event suit is commenced to collect all or a portion of the amount due for services, the Client shall pay to Keller Associates, Inc. a reasonable attorney's fee and costs of suit. The Client agrees to limit Keller Associate's, Inc. liability to the Client and to all construction contractors and subcontractors on the project, due to his negligent acts, errors or omissions, such that the total aggregate liability of the Engineer to all those named shall not exceed $50,000 or Keller Associate's, Inc. total fee for services rendered on this project, whichever is less. This Agreement shall be deemed entered into when it is received, duly signed by the Client, at the office of Keller Associates, Inc., at the address given below. KELLER ASSOCIATES, INC. By: Q~(.*4 Title: <lames L. Keller, President Date: }~. 2' f7 I li7tj / Date: / / 4$ fie C(~' L Title: A Company of Professional Engineers and Scientists 199057/1/99-592 be 092899 Ph: (208) 288-1992 · Fax: (208) 288..1999 4~ KELLER A:SSO€IA:TES WORK ORDER AND AGREEMENT 131 S.yV. 5th Avenue, Suite A · j\/Ieridian, ID 83642 r -, City of Meridian A TTN: Bruce Freckleton 200 E. Carlton, Suite 100 Meridian, ID 83642 L PROJECT: Late Comers Agreements -l PROJECT NO: 199057 Scope of Work: Keller Associates, Inc. will provide City of Meridian, (Client) the professional services described below: · Prepare late comers agreements; · Prepare maps for exhibits; Prepare fee computations for exhibits. The above described services will be performed by Keller Associates, Inc. according to the attached hourly rate billing schedule. Reimbursable Expenses are in addition to compensation for Basic Services and include expenses incurred by Keller Associates, Keller Associates' Employees, and consultants in the interest of the project. If this Work Order and Agreement correctly summarizes our understanding of the Scope of Work you have requested and the agreed-upon fee for our services, please sign it to indicate your approval and return one copy as our authorization to proceed. All work performed will be in accordance with accepted standards of professional practice. All original documents are the property of Keller Associates, Inc. except where by law these documents become public property. We will invoice you monthly for the work and expenses incurred during the preceding month. Payment for the above services will be due upon receipt of our invoice and interest at the rate of 1 y;o,lc, per month shall accrue upon the unpaid principal balance of all invoices not paid within thirty (30) days. In the event suit is commenced to collect all or a portion of the amount due for seNices, the Client shall pay to Keller Associates, Inc. a reasonable attorney's fee and costs of suit. The Client agrees to limit Keller Associate's, Inc. liability to the Client and to all construction contractors and subcontractors on the project, due to his negligent acts, errors or omissions, such that the total aggregate liability of the Engineer to all those named shall not exceed $50,000 or Keller Associate's, Inc. total fee for services rendered on this project, whichever is less. This Agreement shall be deemed entered into when it is received, duly signed by the Client, at the office of Keller Associates, Inc., at the address given below. KELLER ASSOCIATES, INC. By: ~~A_ U){ K ~ Title: ~mes L. Keller, President Z <6 I (9;9 , Title: Date: ~d. Date: 199057/1/99-592 be 092899 \ KELLER ASSOCIATES HOURLY RATE BILLING SCHEDULE FOR CITY OF MERIDIAN LATE COMERS AGREEMENT WORK . PERSONNEL HOURLY RATES Jim Keller, P.E. Rod Linja, P.E. Dann Carnahan, P .E. James Bledsoe, E.I.T. Mike Anderson, E.I.T. Ross Erickson, E.I.T. Ian Crane, Drafter Dawn Gomes, Drafter Beth Coyle, Clerical $95.00 (2) $90.00 (2) $72.00 (1) $55.00 (2) $55.00 (2) $55.00 (1) $42.00 (2) $28.00 (1) $40.00 (1) Notes: (1) These people will be assigned to work on your Late Comers Agreement Work. (2) Other support people who could be assigned to work on your project and will if time schedule requires their support. (.....- .. ( interoffice MEMORANDUM To: 1,ECE7\7fS [) Pauline Skeggs, Human Resourc~ ~ 0 C T - 4 1999 Wm. F. Gigray, III )r/ ty~ CITY OF ymrliDIfl._N V ACATION AND SICK LEAVE POLICY RESOLUTION From: Subject: Date: October 4, 1999 Pauli11e: Please find attached the original of the above Resolution, along vvith the Certificate of Clerl(w The Mayor has given his approval for the Resolution and therefore it is now ready to be placed upon an upcolning City Council agenda. If you have anything further please advise. lTISglZ:\ W ork\1Vf\Meridian 15360rvI\Human Resources\Skeggs 1 00499 .Mem ;e~ f~. fiv1 ~ /. .~.. .~~ -~- ~ ~~ lit lq/ Ii f'(f{)rfO t 0/ ' ~r' '~ Ul RESOLUTION NO. 2 55 VACATION AND SICIC POLICY SUBJECT: REVISIONS BY: . (!!Jt.1flr;;Lrnttll.- /!cm. fhduJ'tT}J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN REPEALING SUB-PARAGRAPHS 1. AND 2 OF SUB-SECTION C [EMPLOYEE BENEFITS] OF SECTION IV [EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS] OF THE PERSONNEL POLICY MANUAL AND ENACTING NEW SUB-PARAGRAPHS 1. AND 2. OF SUB- SECTION C OF SECTION IV PERTAINING TO VACATION LEAVE AND SICIC LEAVE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION I: Tllat sub-paragraphs 1. a11d 2. of sub-section C of Section IV of the Person11el Policy Manual is hereby repealed. SECTION 2: That tllere is hereby added to Sectioll IV of the Perso11nel Policy Ma11l1al11ew sub-paragrapl1s 1. and 2. of sub-sectio11 C to read as follows: c. EMPLOYEE BENEFITS 1. Vacation Leave. Although not required by law, the City of Meridian provides paid vacation as one of tIle 111allY ways in which it shows its appreciation for employee's loyalty and service. City ell1ployees ear11 vacation leave in advance of whe11 they are eligible to use it. Vacatio11 ca11not be used before it accrues. Vacatio11 accrues froIn the start of ell1ploY111e11t based 011 allniversary date. The lnonthly accrual rate for elnployees is ShOWll in Table 1. RESOLUTION VACATION AND Slele POLICY MANUAL - PAGE 1 OF 4 Le11gth of Service I - 2 years 3 - 4 years 5 - 6 years 7 - 8 years 9 -10 years 11-12 years 13 -14 years 15 -16 years 1 7 -18 years 19-20 years 21-22 years 23-24 years 25 + years Table 1 Monthly Accrual 8.0 8.666 9.333 10.0 10.666 11.333 12.0 12.666 13.333 14.0 14.666 15.333 16.0 hours hours hours hours hours hours hours hours hours hours hours hours hours Maxilnum AIlnual Accrual Limit In hours 96 hours I 04 hours 112 hours 120 hours 128 hours 136 hours 144 hours 152 hours 160 hours 168 hours 176 hours 184 hours 192 hours Police alld bargainillg Ullit employees ill the fire departmellt have a I-year i11troductory period and may 110t tal(e vacation during the first year of eInployment. All other regtllar full-tiIne eInployees who have completed their 6-month introductory period are eligible to start utilizing the vacation bellefits. Vacatio1l hours earned may be carried over froIn one calendar year to the next but call1lot exceed a 2- year cap froIn the eInployees Inaxi111um anllual accrualliluit. Any excess over the 2-year cap will cease to accrue until hours have been tal(en. Vacation hours accrued for a particular Ino11th can1lot be used by an employee in advance, or duril1g the month they are earned. AIl enlployee who is on medical or personal leave will not accrue vacatioll hours while 011 leave. EI11ployees who leave the City's emploYlnent are paid all vacation leave accrued up to the tinle of separation. Credit for prior years of service will not be rei11stated to vacation leave accrual UpOll all illdividuals rehire except for layoffs. Approval for vacation leave 111USt be pre-approved (except for those provisiollS under FMLA) by the employee's supervisor/department head so scheduling ofworl( can be accomplished. Seasonal, Part-tilne a11d/or Tel11porary employees are not eligible for vacation leave RESOLUTION VACATION AND SICI( POLICY MANUAL - PAGE 2 OF 4 u11able to perfonn his/her duties. An e1nployee may be required to provide a doctor's certificate prior to the use of three (3) consecutive days of siclc leave to ensure c0111pliance with the provisions of this policy and the Family Medical Leave Act. fu1 e1nployee who is on n1edical or personal leave will not accrue any siclc leave be11efits while 011 leave. At the tilne of separation of employn1ent with the City, all accrued siclc leave except for the employees in the sicl( pool shall be forfeited and shall 110t be paid. Such forfeited sicl( leave shall not be rei11stated upon a11 individual who may be rehired by the City, except for layoffs. Seasonal, Part-ti1ne and/or Telnporary e1nployees are not eligible for sicl( leave benefits. Sicl( leave provisio11S for bargaining unit employees in the Fire departlne11t shall be gover11ed prilnarily by the provisions of the bargaining agreement. Refer to the Union C011tract for breal(down of schedule. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this IC/t! day of t?J~~1- , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1t172:- day of tJcf??t>..er , 1 999. - BY: ~ J~~~/9-- City Clerk ' ,\\,\UUlIl1ftll '\'.\~~ Of "'!E"~''< 1111/ ,'., f' c:: Q "',.1 ", ~ "~JA ~/ .$- (j o~poll4 *'f;' ~ ~ - ~,"CJ ~ ..,;.. ~ ~ v ~ # ~ :: SE~'lL - "'?~ 8' ~ ~ ~ Qv; "Q) 0 '" ~ <) 8, 15'\ , ~~.f ..-;..".. .....} ~.. ....~ 1'/// ~ COUN....r'( '\V, \", ~/II ~. \\\ IJI11H'ii iU\\\\\\ ATTEST: Insg\Z:\ W ork\M\Meridian 15360M\Human Resources\Resolution V acandSickLeavePolicy.Res RESOLUTION VACATION AND SICI< POLICY MANUAL - PAGE 4 OF 4 be11efits. Vacatio11 leave provisions for bargaining unit elnployees in the Fire department shall be governed prilnarily by the provisiol1S of the bargaining agreelnent. Refer to the Union COl1tract for breal<.down of schedule. 2. Sic]( Leave. Sicle leave be11efits are designed to provide i11colne protection for employees i11 the eve11t illness, injury or disability. Sicle leave benefits are provided to regular full-time elnployees at the rate of 8 hours per lllonth, and lllay accumulate up to 90 days or 720 hours, and then sicle accruals will cease until hours have been tal<.en. Sicle accrues froIu the start of elnploYl11ent based 011 anniversary date. AIl elnployee is eligible to use sicle leave after one lllonth of employment. Sick leave hours accrued for a particular lTIonth call110t be used in advance, or during the month they are to be earned. As a lTIatter of policy, sicl<.leave shall be COl1sidered a privilege rather than a right of eluploY11lent. Accrued sicle leave hours Inay be used for: Personal illl1ess (including luaterl1ity related or luedical disability); Persol1al injury; Illlless or quara11til1ed of eluployee's ilulnediate faluily necessitating the el1lployees absence frOlTI worle. (IlTIluediate faluily is defined as any relative who resides with the elnployee alld who depends upon the elnployee for regular care; Personal or l1ledical related appointl11ents, including annual wellness exa111S, coul1seling, del1tal checle-up, etc; ProvisiollS under the Faluily and Medical Leave Act of 1993 that provides leave to certain employees who qualify. Elnployees should contact the HU111an Resource office for further details. Sicl<. leave lnay be used as allowed in this policy al1d for cOlupliance with the sicl( pool bellefits, but for no other purpose. Any abuse of the sicle leave benefit shall result ill disciplil1ary action up to and illCludil1g terlnination. AI1 employee who is unable to report to worle because of illness or injury nlust notify his/her supervisor as soon as possible. Paid sicle leave of three (3) days or luore will 110t be approved without submissions of a doctor's certificate stating the elnployee is RESOLUTION VACATION AND SICI( POLICY MANUAL - PAGE 3 OF 4 CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN I, the undersigI1ed, do hereby certify: 1. T11at I al11 the duly appoil1ted al1d elected Clerl( of the City of Meridian, a duly il1corporated City operating under the laws of the State of Idaho, with its pri11cipal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this ~i:SV, I aln the custodi9-n of its records and minutes and do hereby certify that on the 10/-1$- day of ~C1'Y ~ ,1999, the following actiol1 has been tal(en and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN REPEALING SUB-PARAGRAPHS 1. AND 2 OF SUB-SECTION C [EMPLOYEE BENEFITS] OF SECTION IV [EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS] OF THE PERSONNEL POLICY MANUAL AND ENACTING NEW SUB-PARAGRAPHS 1. AND 2. OF SUB-SECTION C OF SECTION IV PERTAINING TO VACATION LEAVE AND SICI( LEAVE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: That sub-paragraphs 1. and 2. of sub-section C of Section IV of the Personnel Policy Manual is hereby repealed. SECTION 2: That there is hereby added to Sectiol1 IV of the Personnel Policy Mal1ual11ew sub-paragraphs 1. and 2. of sub-section C to read as follows: c. EMPLOYEE BENEFITS 1. Vacation Leave. Althoug11110t required by law, the City of Meridian provides paid vacation as 011e of the Inal1Y ways i11 which it shows its appreciation for employee's loyalty al1d service. City eluployees earn vacation leave in advance of when they are eligible to use it. Vacation call110t be used before it accrues. Vacation accrues from the start of elnploYlne11t based on an11iversary date. The monthly accrual rate for employees is ShOWl1 in Table I. Table 1 Le11gth of Service I - 2 years 3 - 4 years 5 - 6 years 7 - 8 years 9 -10 years 11-12 years 13-14 years 15 -16 years I 7 -18 years 19-20 years 21-22 years 23-24 years 25 + years Monthly Accrual 8.0 hours 8.666 hours 9.333 hours 10.0 hours 10.666 hours 11.333 hours 12.0 hours 12.666 hours 13.333 hours 14.0 hours 14.666 hours 15.333 hours 16.0 hours Maximuln Annual Accrual Liluit In hours 96 hours I 04 hours 112 hours 120 hours 128 hours 136 11011fS 144 hours 152 hours 160 hours 168 hours 176 hours 184 hours 192 hours Police a11d bargaining unit eluployees in the fire departn1ent have a I-year introductory period and may not take vacation during the first year of eluployment. All otl1er regular full-time elnployees who have cOlnpleted their 6-month introductory period are eligible to start utilizing the vacation benefits. Vacation hours earned may be carried over frOlTI one calendar year to the next but can110t exceed a 2- year cap froIn the employees maxilnum an11ual accrual limit. At1Y excess over the 2-year cap will cease to accrue until hours have been taken. Vacation hours accrued for a particular mOl1th can110t be used by an employee in advance, or during the lnonth they are earned. At1 elnployee who is 011 lnedical or personal leave will not accrue vacation hours while 011 leave. Elnployees who leave the City's elnploYlnent are paid all vacation leave accrued up to the tilne of separation. Credit for prior years of service will not be reil1stated to vacation leave accrual upon an il1dividuals rehire except for layoffs. Approval for vacatio11 leave must be pre-approved (except for those provisions under FMLA) by the elnployee's supervisor/departn1ent head so scheduling of worl< can be accolnplished. Seas011al, Part-time and/or Telnporary elnployees are not eligible for vacation leave belLefits. Vacation leave provisions for bargaining unit employees in the Fire department shall be governed priluarily by the provisions of the bargaining agreement. Refer to the U11ion C011tract for breakdown of schedule. 2. Sicl( Leave. Sicl( leave benefits are designed to provide income protection far employees in the evellt illlless, injury or disability. Sicl( leave benefits are provided to regular full-tilne elTIplayees at the rate of 8 hours per lTIonth, and may accumulate up to 90 days or 720 hours, and then sicl( accruals will cease until hours have been tal(en. Sicl( accrues froln the start of employment based on anniversary date. An elnployee is eligible to use sicl( leave after Olle lTIonth of eluploYlnent. Sick leave hours accrued for a particular lTIOl1th can110t be used in advance, or during the month they are to be earned. As a 111atter of policy, sicl( leave shall be considered a privilege rather than a right of elnployme11t. Accrued sicl( leave hours may be used for: Personal illness (includi11g Inaternity related or luedical disability); Personal injury; Illl1ess or quara11til1ed of elnployee's immediate family necessitating the elnployees absence froln worl(. (In11nediate faluily is defined as any relative who resides with the elnployee and who depends upon the employee for regular care; Perso11al or medical related appointments, including annual wellness exalllS, counseling, dental checlc-up, etc; Provisions under the Family al1d Medical Leave Act of 1993 that provides leave to certain employees who qualify. Employees should contact the Human Resource office for further details. Sicl( leave Inay be used as allowed in this policy and for compliance with the sicl( pool be11efits, but for no other purpose. Any abuse of the sicl( leave be11efit shall result in disciplinary action up to and il1cluding tennination. A11 eluployee who is unable to report to worlc because of illness or injury must 110tify his/her supervisor as S0011 as possible. Paid siclc leave of three (3) days or more -will 110t be approved -without sublnissions of a doctor's certificate stating the elnployee is unable to perforln his/her duties. An employee Inay be required to provide a doctor's certificate prior to the use of three (3) consecutive days of sick leave to ensure cOlnpliance -with the provisions of this policy and the Falnily Medical Leave Act. An ell1ployee who is on medical or personal leave -will not accrue any siclc leave be11efits while on leave. At the time of separation of emploYlnel1t -with the City, all accrued siclc leave except for the employees il1 the sick pool shall be forfeited and shall not be paid. Such forfeited siclc leave shall not be reinstated upon an individual wl10 Inay be rehired by the City, except for layoffs. Seasonal, Part-till1e a11d!or Temporary elnployees are not eligible for siclc leave be11efits. Siclc leave provisions for bargaining unit employees in the Fire departlnent shall be gover11ed primarily by the provisiol1S of the bargaining agreement. Refer to the Union C011tract for brealcdown of schedule. \\\\\t\\\ll}J ~~'I!IJI' ,\ Or'" rt,t:~.~. ~I/ .. ~~ "" "l r 1%'~'-J. ~ t~, ,-':-';:. ~ " (\ .~~'-.,....~'~ '. A '/~ $"..... CJ ~00f.?Oil~l;~ ~ '~'.y' '~~" ff ~ '0 WILLIAM G. BERG, JR ~ S.G:1L ~ITY CLERK ~ -? C')' :: -;. <=h c,o- ST1A 'TE OF IDAHO, ~ ~.I, ~Un -" .0 .::..~- .n ~ i(..l u T 1S \ · ~~:.. '"" ~ .:..1 ~.. " ....,y, 4^ ~ " 'l~~J-OUN1T'l . ~. \,\" 1.,/ .. \\' County of Ada, ) IllftlHi iH\\\\\ 011 thl. S L1 A c/v day of /11 /) .A- j, . ~ (/)(j LV V(A) LL-U>-/ , in the year 1999, before me, I1nt~h }J (J r}GI-L, ;( , a Notary Public, appeared WILLIAM G. BERG, JR., 1<noW11 or identified to me to be the City ClerIc of the City of Meridian, Idaho, tl1at executed the said instrulne11t, and acl<nowledged to me that he executed the same on behalf of the City of Meridian. ..........t., ... 'I#. a ..~.., ~~ I T A /.) .#~ ... fIo...lt... 0 ~... I.. ,...... "r ..... ~~fJ //u[~/tl ~ It <<- 1 \ I) ;-. \ '{'t\ -:. (sM ~ '><" ~+ i ~ i Notary Public for Idaho \ ~ \ &.e ~, .A: ~ E Commission Expires: I ~-().;t-tJ.!/ ~~\. I.IC ; I ~ v .. ;' ~ ,- MsglL!~\~~n ~!v1\Human Resources\CER T ofCLI(for RESOLUV acandSickLeave ~###. "ii AM 0 ..'~" ...".........' RESOLUTION NO 200 BY: GlenP1. l3.ekt-1e.1 CtlUI1 c.Le~ah-'" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE 20TH DAY OF OCTOBER, 1998, BY AND BETWEEN THE CITY OF MERIDIAN AND EAGLE PARTNERS, L.L.C.. 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 enter into an agreement with EAGLE PARlNERS, L.L.C., an Idaho Limited Liability Company denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with EAGLE PARTNERS, L.L.C., an Idaho Limited Liability Company, entitled "DEVELOPMENT AGREEMENT" dated the 20th day of October, 1998, by and between the City of Meridian and Eagle Partners, L.L.C., a copy RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOP:MENT AGREEMENT WITH EAGLE PARTNERS of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. 2. That on page 11 of said Development Agreement of the signatures entitled "Commissioners, By Commissioners" shall be struck through by the City Clerk, dated and initialed, and referenced therein as not applicable. The City Clerk shall also strike through the Acknowledgement contained on page 12 for the "Commissioners of the Meridian City Council", as this is not pertinent either. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20~day of ()cfvb.er ,1998. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2[)~ day of tJct-06el- , 1998. ATTEST: TY CLERK 100698-FINAL RESOLUTION OF 1HE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING 1HE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH EAGLE PARTNERS 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 20 ~ day of October, 1998, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", CITY OF MERIDIAN, GRANTOR. 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 enter into an agreement with EAGLE PARTNERS, L.L.C., an Idaho Limited Liability Company denoted as "DEVELOPMENT AGREEMENT' a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with EAGLE PARTNERS, L.L.C., an Idaho Limited Liability Company, entitled "DEVELOPrvrENT AGREErvrENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. \\\\4UtU'"111 \ \ \ \ ~ a ~ r::: ~ ~. I J! I! 6 ,\\ __, V" F;;" ~.Io.-f"t;: '.'1.. 'r t f 1.1 ,-,"\ ~, ~"'L~~!~~ . '~/ ~~ () --~~~ .''V "'~ A' g r.d.J'~ - '"'f,'0 ~::. rJ=. - ~ - - A d_ I ~ .~~~~ ~ SE.h.L "" ~ WILLlLAM G. BERG, JR. 1 ~~. rrJ 2 ~ ~ b ~ .,.. -'l!I ~~An · ./ ~p ~ ~ '0 ,-\)r 1S' ,/" v~'~ ," ...~ -r'" ~~ .,....1r;-.,. ,.:::- STATE OF IDAH()(;t CO'u.......~.-~~{ t \~) "",- 1:/1. :)'-1 ~ \\\\\ : ~J ; .' : j n ~ n ' \ County of Ada, ) day of October, in the year 1998, before me, , a Notary Public, appeared WIILLI 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. t' \1111"'1" to.' I,.... ~~'\~ ~L L. S '''~ .$ ~ (j ..........'4r: \. :' ~.8 e. U> ~ $ gee oe. \ ('EAl) ~OT~r \ i : * : _._ I * : : ~ c : : ; .. PUBL\ :e S .,. ~^ . .!1lt .,. V'", .. ... 0 ~ ~ -t".. . ...~"" ~ #" ~1' ...... ~~~ ~#~'# lJ 0 F \"'0 , ."......'I".t: ~~ ~~~ Notary P ic for ho Commission Expires: I d/,-<:::'/QDO~ I CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 2 Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Place to Live City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Fax (208) 888-4218 MEMORANDUM TO: SHARI STILES, PLANNING AND ZONING GARY SMITH, PUBLIC WORKS BILL GIGRAY, CITY ATTORNEY BECKY ROSE, ADA COUNTY ASSESSOR'S OFFICE ROBERT CAMPBELL, APA MAPPING ROSS DODGE, APA LAYNE DODSON, IDAHO POWER CO. STATE TAX COMMISSION STERLING CODIFIERS FROM: WILL BERG, CITY CLERK DATE: 10/26/99 Re: ORDINANCE #845 ORDINANCE #847 RESOLUTION # 259 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Faz 887-1297 PLEASE FIND ATTACHED COPIES OF THE RECORDED ORDINANCES FOR YOUR FILES. CITY OF MERIDIAN ORDINANCE NO. 645 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIGHT INDUSTRIAL DISTRICT (I-L); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacel1t to the City of Meridian, Idallo, and that the City of Meridian has received a written request for an1lexation to the City of Meridian, Idaho, by the owner of said Property to-wit: A portio1l of Lot 3 of Block. 2 of Commercial Parl( Subdivision and adjoining public street right-of-way located i11 the southwest quarter of Section 9, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COlllI1le11cing at the southwest corner of said Section 9, which bears SOooOO'OO" W, 2,650.33 feet froITI the west quarter COIner of said Section 9; thence NOooQQ'OQ" E, 1,298.53 feet along the westerly boundalY of said Section 9; thence 589056'30" E, 25.00 feet to the southwest CODler of Commercial Parle Subdivision, as shown on the official plat thereof 011 file in the office of the Ada County Recorder; thence NOOOOO'OO" E, 892.76 feet; along the westerly boundary of said Commercial Parle Subdivision; thence 586041'39" E, 12.14 feet along the northerly boundary of said C01nmercial Parle Subdivisio11; thence NO I 021 '18" E, 43.53 feet along the westerly boundary of said C01n1nercial Park Subdivision; thence N82051' 14" E, 54.03 feet along the northerly boundary of said C01nmercial Parle Subdivision; thence 587054'1811 E, 435.74 feet along the northerly boundary of said Commercial Parle Subdivision; thence N44007'21" E, 12.31 feet along the northerly boundary of said Commercial Parle Subdivision; thence N88021' II" E, 220.15 feet along the northerly ANNEXATION AND ZONING ORDINANCE - 1 boundary of said Commercial ParI, Subdivision; thence S88028' 18" E, 143.92 feet to the northeast corner of Lot 3, Blocl, 2 of said Commercial ParI, Subdivision, which is the Real Point Of Beginning: Thence SOooOO'OO" E, 458.61 feet along the easterly boundary and the easterly boundary extended of said Lot 3 to the centerline of Commercial Court; Thence N89056'24" W, 201.00 feet along the centerline of Commercial Court; Thence NOOoOO'OO" W, 460.60 feet to the northerly boundary of said Lot 3; Thence N88021' II" E, 57.16 feet along the northerly boundary of said Lot 3; Thence 588028118" E, 143.92 feet along the northerly boundary of said Lot 3 to the Real Point of Beginning. COlnprising 2.126 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed alld lllade a part of the City of Meridiall, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Light Industrial District (I-L). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as tIle official zOlling Inaps, comprehensive plan and all official maps depicting the boundaries of tIle City of Meridian in accordance with this ordillance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewitll are hereby repealed, rescinded and annulled. . SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The CIerI, of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, ANNEXATION AND ZONING ORDINANCE - 2 ( i11cluding the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax COlnmission of the State of Idaho, all in complia11ce with Idaho Code 963-2215 and 950-223. ~SSEI? BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 5(!- day of UcIP~ ,1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 513::.- day of tfJch~, 1999. O~1\\ttlll ""/ J \\\ C fll- III ,\'- 0'-. W~?~~ III .....',' 4"'~~~;] A?~/ ~ ~~ 0 r--?~ .-;, $ C; / o~p R~):; ~r ~ f ~() "';0 \ ~ SEAL ~ fl') "?~ () ~ Q(; ,OJ 0 ~ ~ -;'A '8r 151 ' :<0.. ~~ ~ ~~1 <"'\~ '" ~ · a ~ ~ I'/I~"\ OUN.....-'l. ,\", 1/11 ~ \\\\ IlltJlBl ntH'. STATE OF IDAHO,) 55. COU11ty of Ada. On this f? day of ~ , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., IG10wn to me to be the Mayor and City Clerk of the CITY of Meridia11, Idaho, a11d who executed the withil1 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 d~~~ first above written. ,'....;,. '0. 0" ll.t '.. ~ ~....~~&~~ ~ ~ ~ ...,. . c ! ~ I +O'tAltJ" &. 1lJ{~ ~ (sEJiL~ i _.- c : * . NOTARY PUBLIC OR IDAH '\ \ PUB~'\ .-: c j RESIDING AT: - .p -.. .- L~ :- '\ ;>~ .........~ ~:',' MY COMMISSION E If#..~ 1'8 Or \v .".. ..."........",. msg\Z:\Work\M\Meridian 15360M\Jacksons Food Stores\AZ.ORD ANNEXATION AND ZONING ORDINANCE - 3 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer alld Assessor of Ada County, and TIle State Tax COlTIlnission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerl(, of the City of Meridian, Ada COUllty, State of Idaho, do hereby certify that the attached copy of Ordinance No. 84:; passed by the City Council of the City of Meridian, on the 5/2 day of tJc/17~ 1999, is a true and correct copy of the original of said doculuellt which is in the care, custody alld cOlltrol of the City Clerk of the City of Meridian. \ \ \\Uftllltttlll \\\ . f U-l::".....JI1 .....',"'" 0 Ivn::.trll) "/,.1;- .;i.,,()~ nOQD ~-z, -{... ~ o~ ri4'h ~ ~.0 ~ ~ ... A .;:; ~ <:> ~ 1/ d~ ..._-= f ~ ~~ - SEAL '"^ ~ WILLIAM G. BERG, JR. ~ 6,.1:::: ~ c:.Q ,,,OJ 0 g ~ ~'). "1.1$115\' ~4 $ "..../ .,....., f;) " ,~ STATE OF IDAI-fe9: COUN)'['{ · ~\\"", 1IIIIIllH1 H ti\\ \\\ . ss. COllnty of Ada, ) 11 On this yJ-L day of ~~ in the year 1999, before me, Ci 1J I T 11 D. 0 V G r L ( J'd , a Notary Public, appeared WILLIAM G. BERG, JR., lmown or identified to me to be the City Clerl( of the City of Meridian, Idaho that executed the said instrument, and aclmowledged to me that he executed the sanle on behalf of the City of Meridian. ~Ii~ Notary Public for Idaho Commission Expires: I/-() 2..-0 ~ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN SECTION 5: DATE OF EFFECT: This Ordil1ance shall be in full force al1d effect after its passage, approval and publication, accordil1g to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /qa day of {)Chrl#~--- , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1f'!1-dayof C~ , 1999. ATTEST: \\\'"'\t\ttlfIII111 \-\\ f M'~ 11/1 ,"', 0 4c::.F;~~J 1//,... ,,,,".,.~ _=,-"f,~~, ~~ .! v~ . 00~POJ:l~ h'?} .~~ ~ ~ '<6 ~ - - , ~.. : ~ SEAL ~ 17G; t?:: ~ ~ (II...... ,,OJ 0 ,':: ~ <:'~', --'SllS'. ~"'..$" "'/ ~:1 ....- ~ ty;. ~ msglZ:\ W or k\M\Meri dian 15360 M\Ordi nances\CITY G~~~.sN1~DR.DlJ*J'~ES\AmendO fficialN e,vspa per. Ord ~)JI UN ~ '(, \\\' 111/J1JH ~-il\\'\\\ ~) I 1: II Ii I' I ",' Ii I I: II -J I I I I II Ii II 1 II _Ji II I II Ii I II I: ~ I' I 11 Ii I II I: I I I 'I Ii II I jI Ii I II II 1 Ii [I 1:0 r~ II ,I UJ Ii g I: II I] :1 II 11 , II I I ,I B2-51'14UE.64.D; ~. N. aB01J' H Mf: z.%D.JS 'l!"E.~~S:to< ~_ . Settlers s.~. 2B' IB" E'. /43.'12.' 1 N. 0 I · 1.J ' 16" E . 4 ~. -- ~Sr~. 41/~'E. :1 12..../4' II 11 1 II I tI I 11 . I i;~~~=~=== ~= ~~ ~===~==~=~;~= = = - = =t=~~ ~~~~ ~-~ =-=~=~===~=~=-==== :=~~1==== ======= = = = = = = = J ;1 NDRW pARK I ~II I I r , S:I I , ~;I , I a: I j ':1 I ! ~: SUBDIVISIO: I I ~:1"::- I , : I ----- --------- -------__-L-____________ I I I I 11-[ CF s.t5G1t-JNt NJON PACJFIC RAJ LROAD -----------.---.- ----------~----~---------- ~ .' ~ 11 :1 II 11 1 II :1 i\ if I II I II I iL._. ~ il ~ i' ~ jj a r( . j 2: II 6 9 [b_~_-_ - - - - - - - - - - - - - - - - - - ---------------------------------------- --------------------- ---~-=._-- -----r----- N TownshiplRange Line N Parcel Boundary Perenn1al St:reams &: Canals .. \ I Section Line (\/ RIghb-or- W 81 Intermittent Stream 1 "" ~. 'r." ~ _... ....,. .........__ .........+ ~ ~ SllMf~fnn Houndart' Ditches . , , ** TX CONFIRMATION REPORT ** AS OF OCT 22 '99 09:17 PAGE. 01 CITY OF MERIDIAN 02 DATE TIME TO/FROM 10/22 09:16 3776309 MODE EC--S MIN/SEC PGS 0121'34" 002 CMDtt 061 STATUS OK -------------------------------------------------------------------------------------------- Ii I: I; l~ /I II If II ,:0 I( h ii~ Ii II )1 ~) I I: 11 I~ ': "1' t: I II ~ : I -- ~ ..... -~~)~ I J J J I I SUBDIVISIO ......~.............._~---.... 1 I J I ~~'ON, I ~~fJCI I , I RAJLROAD ~---_....._--_... -------...--- '- - - - - - -- - - -=:.::..::..:.:::-~--==-::---------_.-:-.:-----:.---..:.:-----::---~-:-=-----;:.-----:-.:-----.::-----:-.:---.._- , r I , I t I I I I I I I , I . 11 II 1~ II 11 ~ It /1 11 ': I I I :1 II II 11 II " 1\ ;? Jl .' :1 ~ IJ' i , ~ ;1 ~ II ~ Ii a [( =i :' " 8 9 16.::_:::: :-=. =.: -~-:=::.. = _ =.: _-.::::: -=-.: _ =: _::__ __ _ :::: =- _ ::.= __::. ::::.:-.= _= _: :_== =-_=_-== _ :.-m. .==-_:". =.:::.::. =-.: _ '. N TOW'DShIplR.ange Lme N Pared Bouoda.r1 Perennlal StreaDu & CtnaJs /\/ SectIoD LlDe /\,' RlglJb...or.. W 8Y TDtermituDt Stream ~ --:. \: '",......._ .....r'ft."...~...~. .J,. ,. ,C:nMJ~rn., llnnnda.tT Ditche:t CITY OF MERIDIAN ORDINANCE NO. 8+7 BY COUNCIL MEMBER: /62/tlL gii-ct" AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING SECTION I OF CHAPTER 12 OF TITLE 1 OF THE REVISED AND COMPLIED ORDINANCES OF THE CITY OF MERIDIAN PROVIDING FOR THE DESIGNATION OF THE IDAHO STATESMAN AS THE OFFICIAL NEWSPAPER OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION I: That Section 1 of Chapter 12 of Title 1 of the Revised al1d COll1plied Ordil1ances of the City of Meridian be and the saIne is hereby all1ended to read as follows: 1-1201: OFFICIAL NEWSPAPER: The 'yTallcy~ l'JcyyYy"S TitTlCS Idaho Stateslnan pri11ted and published in the City of Boise, be and is hereby desig11ated the official 11ewspaper of the City of Meridian, and such ordinal1ces, notices and publications as are required by law to be given publication in a l1ewspaper shall be published i11 said 'yTallc)~ :t'~cYy\"S Tilli.CS Idaho Statesman. (Ord. 175; 10-7-68) SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and al111ulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that a11Y section, paragraph, sentence or word of this Ordinal1ce as adopted al1d amended herei11 be declared for any reason to be invalid it is the intent of the Meridian City Cou11cil that it would have passed all other portions of this Ordinance independent of tl1e elilninatio11 l1erefrom of any portion as Inay be declared invalid. SECTION 4: SAVINGS CLAUSE: T11is Ordi11ance does not affect a11 actio11 or proceedil1g c01111ne11ced or right accrued before this Ordinance tal(es effect. ( I>'tDA ~JUNTY RECORDER ~J~ Dt;~V'D NA V/~RRO BaI~[, !OAHO ~EC:~~:~eJt " FEt--.:...DEPuT l~~ ~f// 9 9 I 0 3 3 4 3 1999 DC 21 PM I: 52 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerl(, of the City of Meridian, Ada COU11ty, State of Idaho, do hereby certify that the attached copy of Ordinance No. 847 passed by the City Council of the City of Meridian, on the Itf-f.6. day of oc/o6ej- 1999, is a true al1d correct copy of the origi11al of said documel1t which is in the care, custody and control of the City Clerl( of the City of Meridian. \\,\\\4Ultflllll ",...~~\ Of MEFtv);"'I'",r'l ~ ~ a . o~OR4h ~ ;.-~.. ... A ~ ~. ......~ G ~o ~ '~-- :: ~ - ~ ~ SEAL ~ILLIAM G. BERG, JR. ~ "'6.. no&> ~ ~ .-~ ~ 0 ~ %"'0 us; lS~ ' ~~ $ STATE OF IDAHO{/ "'1 Co. . l'oJ ~~"........"" //1 \ N ~ t \\\' '. ;11 J 1/;' n ~~ r \ \ \' \ \ COUl1ty of Ada, ) AJn, this 0 () c/v day of C&M<<-v , in the year 1999, before me, (1buLtu j), () J~ n. , a Notary Public, appeared WILLIAM G. BERG, JR., IG10wn or identified to me to be the City Clerl( of the City of Meridial1, Idaho that executed the said il1strul11ent, and aclmowledged to l11e that he executed the same 011 behalf of the City of Meridian. a~~~ &~ Notary Public for Idaho Commission Expires: J /6;;,0 y IllSg\Z:\ W o rk\M\N1eridian I 5360 M\Ordinances\CITY GOVERNMENT 0 RD I NAN CES\Certi fica tion 0 fClerkO fficialNe\vspa perOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN ** TX CONFIRMATION REPORT ** AS OF OCT 22 '99-09:15 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 01 10/22 09:13 208 377 6309 MODE MIN/SEC PGS CMDij STATUS EC --5 02' 30" 008 060 OK -------------------------------------------------------------------------------------------- Mnyor ROD GRT D. CORRIE HUB OF TREASURE VALLEY A Good Plucc to Live LEGA.L DEP.'\RTMl:::NT (208) 288-2499 · F:.ax 2SS-~SOl Chy C"unt:il ~fembcr~ CHARJ~ES ROUNTREE Ol..F;NN BUNTLEY RON ^NDERSoN KEITH BIRD CITY OF MERIDIAN 33 EAST IDAI.IO MERIDIAN, IDAHO 83642 (208) X88..4433 · FiJX (208) 8874813 City Clerk F:1x. (208) 888.4218 PUBLIC WORKS BUILDING DEPARTMnNT (208) 887-22 H · f":l.'I( ~87-1297 PLANNING AND ZONING DEPARTMENT (208) 8S4.5S33 .. F;lZ 887.[297 FACSIMILE COVER SHEET FAX NUMBER: 3 7'1.. 63tJ 9 TO: ~ TITLE/DEPARTMENT: ~ CONFIDENTIAL: YES DA TE: IO-q~-99 NO v TOTAl NUMBER OF PAGES (INCLUDING COVER SHEET): fl FROM: CITY OF MERIDIAN FAX NUMBER: (208) 888-4218 NAME: ~ TITLE/DEPARTMENT: ~ ~ ~ ~ COM~NTS: ~ ~ (1) ~ k-:JJ 8tfS- ~ '~17. JLX ~~ ~~ CdL~1 ~~ ~!J~ PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. ( RESOLUTION NO. 2F9 a/fA ffi'r~ (!/ ~ ~Cvn--ec:/~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AGREEMENTS ENTITLED HCITY OF MERIDIAN-MERIDIAN ROAD WATER LINE CROSSING AGREEMENT" AND HCITY OF MERIDIAN- LOCUST GROVE ROAD WATER LINE CROSSING AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND SETTLERS IRRIGATION DISTRICT, AN IRRIGATION DISTRICT ORGANIZED UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF IDAHO. BY: 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 enter i11tO agreements with SETTLERS IRRIGATION DISTRICT, AN IRRIGATION DISTRICT ORGANIZED UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF IDAHO] de110ted as "CITY OF MERIDIAN-MERIDIAN ROAD WATER LINE CROSSING AGREEMENT" and "CITY OF MERIDIAN-LOCUST GROVE ROAD WATER LINE CROSSING AGREEMENT"] copies of which are attac11ed hereto 1narl(ed as Exhibit "A" to this Resolution] the reasons and authority for which are as set forth i11 said Agreelnents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerl( are hereby authorized to enter into and 011 behalf of tl1e City of Meridian those certai11 agreeme11ts with SETTLERS IRRIGATION DISTRICT, AN IRRIGATION DISTRICT ORGANIZED UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF IDAHO] e11titled "CITY OF MERIDIAN-MERIDIAN ROAD WATER LINE CROSSING AGREEMENT" alld "CITY OF MERIDIAN-LOCUST GROVE ROAD WATER LINE CROSSING RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING - PAGE 1 OF 2 CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE, MAYOR TO ENTER INTO CROSSING AGREEMENTS WITH SETTLERS IRRIGATION DISTRICT AGREEMENT", by al1d between the CITY OF MERIDIAN and SETTLERS IRRIGATION DISTRICT, AN IRRIGATION DISTRICT ORGANIZED UNDER AND BY VIRTUE OF THE LAWS OF THE SrATE OF IDAHO, copies of which are attached hereto Inarl<ed as Exhibit "A" to t11is Resolution and to bind this City to its terlTIS and conditio11So /' ~ f/z PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this L day of Oc/i;/ .6.e j-- , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of lJe fp 6.e F- , 1999. 00 fit /7 - ATTEST: \\\\\\\tItJI1!!//1 \\\ ~ e f:r- "i ':\' Ot'" {."- ~> 1/, v~~.<"''-\ .:i~_ .,~ ~..~,_,c"6'~ ':,.~ ,.... r':.. ~ ;~o'":'J "-~-~ ".v' .'/~..; ~ v~'" r C;;' .J } ....1.~~:... .. '\. ',;.. ..... ~v -"6 ' '~. ~ ,-" :-:,. ~ ~ = ~ SEi.1L C>) ~. nO"- ~~:\ ,","V 0::: ~ -r7 '.JUt-. .. "- ~~ '<), uT 15"' ~~~.f ;,...........J . ~' ,.....' 1>//' COtJ~rY'i, \\", ~ :,/ II It ,. \\ \ \\ \ \ Z:\Work\M\Meridian I 5360M\Public Works\CrossingAgmts.Res ffLd n\ RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING - PAGE 2 OF 2 CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO CROSSING AGREEMENTS WITH SETTLERS IRRIGATION DISTRICT ( ** TX CONFIRMATION REPORT ** AS OF OCT 25 '99 L2:45 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 08 10/25 12:44 208 377 6309 MODE MIN/SEC PGS CMD~ STATUS EC--S 00'53~ 003 093 OK M:.1YOt' ROBBRT D. CORRle HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAI-IO 83642 (208) 888-4433 · FilX (208) 887..4813 City Clerk Fox (208) 888-42l8 LEGAL DEP.~RTMENT (~OS) 1R8-2..199 - l~a.'( 2R8.25o I Cily Council Mcml)~rs PUBLIC WORKS BUILDLNG DEPARTM'ENT (:208) S~ 7 - 2211 · Fax 887-\297 CHARLES ROUNTRl::1:: GLENN Bt::NTLEY RON ANDERSON KEITH BfRD PJ .A NNtNG ."'ND ZONTNG DEPARTMENT (208) 884-SSJJ · F~l 887. )297 FACSIMILE COVER SHEET FAX NUMBER: 3 7 ? - b .3 0 9 TO: ~ TITLElDEPARTMENT: ~~ CONFIDENTIAL: YES DA TE: 10 I~~-t:t'f NO ......-' TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 3 TITLE/DEPARTMENT: FROM: CITY OF MERIDIAN ~ 7~~ COMMENTS:~ ~:;;~ FAA NUMBER: (208) 8884218 NAME: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433_ lvtayor ROBERT D. CORRIE HUB OF TREASURE VALLEY i\ Good Place to Live LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 CilY Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY OF MERIDIAN 33 EAST IDAHO lVIERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 City Clerk Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Faz 887-1297 FACSIMILE COVER SHEET FAX NUMBER: 3 7 7 - b 3 0 '1 TO: ~ TITLE/DEPARTMENT: ~~ CONFIDENTIAL: YES DA TE: 10 /~~-Cj9 NO ~ TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 3 PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. ( CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: 1. That I alTI the dtlly appoil1ted a11d elected Clerl( of the City of Meridia11, a duly i11corporated City operating ul1der the laws of the State of Idal1o, witl1 its pril1cipal office at 33 East Idaho, Meridia11, Idaho. 2. That as the City Clerl( of this City, I alTI the custodian of its records and minutes and do hereby certify that on the Iq-t!- day of cfJo-Ib ~ ,1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AGREEMENTS ENTITLED "CITY OF MERIDIAN-MERIDIAN ROAD WATER LINE CROSSING AGREEMENT" AND "CITY OF MERIDIAN-LOCUST GROVE ROAD WATER LINE CROSSING AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND SETTLERS IRRIGATION DISTRICT, AN IRRIGATION DISTRICT ORGANIZED UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF IDAHO. 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 e11ter into agreellle11ts with SETTLERS IRRIGATION DISTRICT, AN IRRIGATION DISTRICT ORGANIZED UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF IDAHO, denoted as "CITY OF MERIDIAN-MERIDIAN ROAD WATER LINE CROSSING AGREEMENT" a11d "CITY OF MERIDIAN-LOCUST GROVE ROAD WATER LINE CROSSING AGREEMENT", copies of which are attached hereto Inarl(ed as Exhibit "A" to this Resolution, the reaSOl1S arld authority for whicl1 are as set forth il1 said Agreelnents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 1 , t 1. The Mayor and Clerl<. are hereby authorized to ellter into and on behalf of tIle City of Meridiall those certaill agreelnellts with SETTLERS IRRIGATION DISTRICT, AN IRRIGATION DISTRICT ORGANIZED UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF IDAHO, entitled "CITY OF MERIDIAN-MERIDIAN ROAD WATER LINE CROSSING AGREEMENT" alld "CITY OF MERIDIAN-LOCUST GROVE ROAD WATER LINE CROSSING AGREEMENT", by and betweell the CITY OF MERIDIAN and SETTLERS IRRIGATION DISTRICT, AN IRRIGATION DISTRICT ORGANIZED UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF IDAHO, copies of which are attaclled hereto 111arl<.ed as Exhibit "A" to this Resolutioll alld to bind this City to its terlTIS and conditions. COUIlty of Ada, . On this 4~ /ld day of ~~ , in the year 1999, before me, tf Ir1{{~J'n c;.. tl~/ lJ OVert, n , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerl<. of the City of Meridian, Idaho that executed the said instrulnent, and aclmowledged to me that he executed the saIne on b f the City of Meridian. .,. .., B ~.~ 0 ~ Itlr-~. ~,.. -Q. .~ ~.. ,. $~ .-~.Y 4l : ~: 0" : -<. ~ .' CJ · : , , ~ 0= (S~\.:1J"V I::r: i \ ~ ..- ~ "t' I ~ ....... "v ~ttt ~.~l'A TE O~ ..........~ ...............','~ ~&~ Notal)' Public for Idaho COlnmission Expires: / 1- O;;L -ofL' ... , msg/Z:\ W ork\M\Meridian 153 60M\Public W orks\CertifClerkResCrossAgmts CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN - 2