HomeMy WebLinkAboutCorrespondenceMAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
June 2, 2003
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LEGAL DEPARTMENT
(208) 466-9272 • FAX 466-4405
PARKS & RECREATION
(208) 88R-3579• Fax 898-5501
PUBLIC WORKS
(208) 898-5500 • Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING & ZONING
(208) 884-5533 • Fax 888-6854
Re: Intergovernmental Agreement -City of Meridian and Ada County
State Tax Commission, Ada County Auditor, Ada County Assessor:
Enclosed please find a copy of the above agreement as adopted by the City of Meridian
and Ada County Commissioners and initially transmitted to you under letter dated May
14, 2003. Legal counsel for our urban renewal agency, the Meridian Development
Corporation, has since realized that exhibits were missing from the agreement and has
requested that it be resent, including all exhibits.
Please file these documents in your official records.
Sincerely,
~h~~~~
Sharon Smith
Deputy City Clerk
cc: Steve Siddoway
Theodore E. Argyle, Esquire
William F. Nichols, Esquire
Ryan P. Armbruster, Esquire
Enclosure
33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433
City Clerk Office Fax (208) 888-4218 Human 'Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
June 2, 2003
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IDAHO j
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LEGAL DEPARTMENT
(208) 466-9272 • FAX 466-4405
PARKS & RECREATION
(208) 888-3579 • Fax 898-5501
PUBLIC woxxs
(208) 898-5500 • Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING & ZONING
(208) 884-5533 • Fax 888-6854
Re: Intergovernmental Agreement -City of Meridian and Ada County
Dear Taxing Entities:
Enclosed please find a copy of the above agreement as adopted by the City of Meridian
and Ada County Commissioners and initially transmitted to you under letter dated May
14, 2003. Legal counsel for our urban renewal agency, the Meridian Development
Corporation, has since realized that exhibits were missing from the agreement and has
requested that it be resent, including all exhibits.
Please file these documents in your official records. You may contact my office if you
have any questions.
Sincerely,
~~~~~
Sharon Smith
Deputy City Clerk
cc: Steve Siddoway
Theodore E. Argyle, Esquire
William F. Nichols, Esquire
Ryan P. Armbruster, Esquire
Enclosure
33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433
City Clerk Office 'Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813
Ada County Highway District Ada County EMS Joint Meridian School District
317 East 37th Street 5870 Glenwood Attn: Wendell Bigham
Boise, Idaho 83714 Garden City, Idaho 83714 911 Meridian Street
Meridian, Idaho 83642
Meridian Library
1326 West Cherry Lane
Meridian, Idaho 83642
Western Ada Recreation District
P. O. Box 566
Meridian, Idaho 83680
Ada County Assessor
Attn: Becky Rose
200 West Front Street
Boise, Idaho 83702
Idaho State Tax Commission
800 Park Boulevard
Boise, Idaho 83702
Ryan Armbruster, Esq.
Elam & Burke, P.A.
251 East Front St., Ste 300
Boise, Idaho 83702-7311
Ada County Auditor's Office
700 West State Street
Boise, Idaho 83702
~~~.d
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Theodore Argyle
Prosecuting Attorney's Office
200 W. Front St. 3`~ Floor, Rm 3191
Boise, Idaho 83702
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AGREEMENT NO. 6482
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INTERGOVERNMENTAL AGREEMENT FOR ROLES AND
RESPONSIBILITIES UNDER CHAPTER 162,
IDAHO SESSION LAWS 2000_
(HOUSE BILL NO. 581)
IDAHO CODE SECTION 50-2906
This Intergovernmental Agreement is entered into this ~ day of _ ~~~- , 2003,
by and between Ada County, Idaho ("County"), and the City of Meridian, Idaho ("City"), and is
made for the purpose of complying with Chapter 162, Idaho Session Laws 2000 (House Bill
No. 581), codified at Idaho Code Section 50-2906.
RECITALS
WHEREAS, the County is a duly organized and existing county under the laws and the
Constitution of the State of Idaho;
WHEREAS, the City is a duly organized existing municipality under the laws and the
Constitution of the state of Idaho;
WHEREAS, on or about July 24, 2001, by Resolution No. 01-367, the City Council of
the City of Meridian approved an area as appropriate for an urban renewal project, and therefore,
for the purposes of the Law, created an urban renewal agency (known as the Meridian
Development Corporation), pursuant to Chapter 20, Title 50, Idaho Code (hereinafter the
"Law"), authorizing it to transact business and exercise the powers granted by the Law upon
making the fmdings of necessity required for creating said agency;
WHEREAS, upon adoption of Resolution No. 01-367, the Meridian Development
Corporation ("MDC"), began the planning process as allowed by the Law;
WHEREAS, as a result of the activities within the Meridian Urban Renewal Project Area,
and the planning process, the MDC's Board of Commissioners identified a number of issues that
are affecting certain geographical areas adjacent or in close proximity to the originally identified
Meridian Urban Renewal Project Area;
WHEREAS, the MDC Board of Commissioners authorized a study or report to consider
incorporating certain property in proximity to the Meridian Urban Renewal Project Area and to
analyze and determine whether the area is eligible for urban renewal planning and to determine
whether the area should be modified or revised, and provide the full MDC Board with a report
and recommendation as soon as reasonably possible;
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) - 1
~m~~c~~r-co~~r ~+) Mw~ne, zoos)
WHEREAS, the MDC, through the City, retained Sherry McKibben of McKibben &
Cooper Architects ("McKibben"), to study the area in question and to prepare an eligibility
report (the "McKibben Report"), which examined the designated urban renewal area for the
purpose of determining whether such area is a deteriorating or deteriorated area as defined by
Idaho Code, Sections 50-2018(1) and 50-2903(6)(b);
WHEREAS, the MDC, on June 19, 2002, adopted Resolution No. MDC-02-004
accepting the Eligibility Report for the Plan;
WHEREAS, the Meridian City Council considered the McKibben Report for the
Meridian Revitalization area at the City Council meeting scheduled for August 27, 2002;.
WHEREAS, the Mayor and Council considered the steps set forth by the Act (as defined
below) and Law, accepting the McKibben Report finding the area set forth therein to be
"deteriorated" or "deteriorating" areas as defined by Idaho Code Sections 50-2018(h), (i) and 50-
2903(b) declaring such area as an urban renewal area, making additional findings regarding the
characteristics of the area, making the necessary findings as required by Idaho Code Section 50-
2008(a) and authorizing the MDC to prepare an urban renewal.plan;
WHEREAS, under Idaho Code Section 50-2008, an urban renewal project for an urban
renewal area shall not be planned until such area has been found to be deteriorated or
deteriorating by the adoption of a resolution by the City Council;
WHEREAS, the Legislature of the State of Idaho has enacted the Local Economic
Development Act, Chapter 29, Title 50, Idaho Code, referred to herein as the "Act," authorizing
certain urban renewal agencies, including the Meridian Development Corporation, referred to
herein as the "MDC," to adopt revenue allocation financing provisions as part of their urban
renewal plans;
WHEREAS, in order to implement the provisions of the Act and the Law, either the
MDC may prepare a plan or any person, public or private, may submit such plan to the MDC;
WHEREAS, the Meridian City Council, by way of Council resolution on August 27,
2002, accepted the Eligibility Report for the area by adoption of Resolution No. 02-3 85;
WHEREAS, the Mayor and Council have taken the steps set forth by the Act and Law,
accepting the Eligibility Report finding the area set forth therein to be "deteriorated" or
"deteriorating" areas as defined by Idaho Code Sections 50-2018(h), (i), and 50-2903(b)
declaring such area as an urban renewal area, making additional findings regarding the
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) - 2
(MpidinnlCity-Comty Agreement) (November, 2W2)
characteristics of the area, making the necessary findings as required by Idaho Code
Section 50-2008(a) and authorizing the MDC to prepare an urban renewal plan;
WHEREAS, MDC staff and consultants have undertaken the planning process during
2002;
WHEREAS, all action by the MDC was conditioned upon the City Council findings of
August 27, 2002;
WHEREAS, the MDC has prepared a proposed Meridian Revitalization Plan (the "Plan")
for the areas designated as eligible for urban renewal planning;
WHEREAS, such proposed Plan also contains provisions of revenue allocation fmancing
as allowed by the Act;
WHEREAS, the Board considered all comment, testimony, and information submitted to
the MDC during the August 21, 2002, meeting;
WHEREAS, on August 21, 2002, the MDC Board passed Resolution No. MDC-02-006
proposing the Meridian Revitalization Plan;
WHEREAS, the MDC has, by letter of transmittal dated August 26, 2002, submitted the
Plan to the Mayor and City Council of Meridian;
WHEREAS, the Mayor and City Clerk have taken the necessary action to process the
Plan;
WHEREAS, at a meeting held August 29, 2002, the Meridian Planning and Zoning
Commission considered the Plan and found that the Plan is in all respects in conformity with the
Comprehensive Plan;
WHEREAS, notice of the public hearing of the Plan was caused to be published by the
Meridian City Clerk of Meridian, Idaho, in The Palley News on September 2 and 16, 2002;
WHEREAS, as of September 4, 2002, the Plan was submitted to the affected taxing
entities, available to the public, and under consideration by the City Council;
WHEREAS, the City Council convened a work session with interested parties. and
property owners on September 17, 2002;
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) - 3
cn+Qwenua~x-wry M,~~mO (~+~aoba, zan>
WHEREAS, the City Council during its regular meeting of October 8, 2002, held such
public hearing, considered the proposed plan, and made certain findings;
WHEREAS, as required by Idaho Code Sections 50-2905 and 50-2906, the Plan contains
the following information which was made available to the general public and all taxing districts
at least thirty (30) days prior to the October 8, 2002, regular meeting of the City Council: (1) the
kind, number, and location of all proposed public works or improvements within the revenue
allocation azea; (2) an economic feasibility study; (3) a detailed list of estimated project costs;
(4) a fiscal impact statement showing the impact of the revenue allocation area, both until and
after the bonds are repaid, upon all taxing districts levying taxes upon property in the revenue
allocation area; and (5) a description of the methods of financing all estimated project costs and
the time when related costs or monetary obligations aze to be incurred;
WHEREAS, the Plan authorizes certain projects to be financed by revenue allocation
bonds and proceeds from revenue allocation;
WHEREAS, appropriate notice of the Plan and revenue allocation provision contained
therein has been given to the taxing districts and to the public as required by Idaho Code
Section 50-2906;
WHEREAS, the City Council determined that the equalized assessed valuation of the
taxable property in the revenue allocation area described in Attachments 1 and 2 of the Plan is
likely to increase as a result of initiation of urban renewal projects in accordance with the Plan;
WHEREAS, the City at its regular meeting held on October 8, 2002, considered the Plan
as proposed and made certain comprehensive findings;
WHEREAS, any area outside the city limits of the City of Meridian can be included
within an urban renewal azea only if such area is annexed, or the County consents to such
inclusion.
WHEREAS, the City Council approved Ordinance No. 02-987 at its regular meeting of
December 3, 2002, and published the Summary of the Ordinance on December 3'~, 2002,
adopting the Plan.
WHEREAS, during the 55~' Idaho Legislature, 2"d Regular Session, the Idaho Legislature
adopted House Bill No. X81, Chapter 162, Idaho Session Laws 2000, amending the Act, to
require an agreement between a City and the affected County, governing administration of a
revenue allocation financing provision for any area extending beyond that city's municipal
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) - 4
(MaiNan~City-Cowry Agreanmq (Novmiber,11102)
boundary, and such agreement must be formalized by a transfer of power ordinance adopted by
the County;
WHEREAS, Chapter 162, Idaho Session Laws 2000, became effective July 1, 2000;
WHEREAS, there are certain properties within the Plan area which extend beyond the
municipal boundazies of the City of Meridian, which properties aze more particularly described
and depicted on Exhibit 1 attached hereto and incorporated herein by reference;
WHEREAS, under the Act and Law the County may establish an urban renewal agency
and adopt an urban renewal plan for an area under its jurisdiction which meets the criteria and
eligibility defined under the Law and Act;
WHEREAS, City and Agency have previously sought County approval for
administration by the City (through the Agency), of certain revenue allocation proceeds
generated from the property identified in Exhibit 1 as described in the joint letter dated
September 23, 2002, attached hereto as Exhibit 2 and incorporated herein by reference;
WHEREAS, County, acting through its Board of County Commissioners, by a vote of
2-lin favor approved such request at an open business meeting on October 22, 2002; and issued
-its letter dated October 22, 2002, a copy of which is attached hereto as Exhibit 3 and
incorporated herein by reference;
WHEREAS, the City and County desire to enter into this Agreement to avoid any
uncertainty regazding the City's jurisdiction and authority (acting through its duly organized and
constituted urban renewal agency), to implement the Plan concerning those properties which are
outside the municipal limits of the City of Meridian;
WHEREAS, the City and County deem it in their collective best interest to enter into this
Agreement covering said properties and assuring compliance with the Act, Law and
Chapter 162, Idaho Session Laws 2000,
NOW, THEREFORE, it is mutually agreed as follows:
AGREEMENT
1. PURPOSE OF AGREEMENT
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) - 5
(MafAanlCilyCO0nty Agramcm) (Nw®tbe, 2002)
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The purpose of this Agreement is to detail the duties, roles, and responsibilities to be
provided by the parties with respect to compliance with the Act, Law and Chapter 162, Idaho
Session Laws 2000, codified at Idaho Code Section 50-2906.
2. GENERAL PROVISIONS
County does hereby agree that the City shall have the right, power, authority, and
obligation to administer the Law, Act and particularly the revenue allocation financing
provisions of the Plan for that certain property which is contained within the boundaries of the
revenue allocation area as defined in the Act and Plan, which property extends beyond the
municipal boundary of the City of Meridian. The property governed by this Agreement is
described, defined, and depicted on Exhibit 1 of this Agreement..County does hereby defer to
the findings and conclusions set forth in the several resolutions previously adopted by the City as
referenced in City Council Ordinance No. 02-987, adopted by the City on December 3, 2002.
County also defers to the City those findings, conclusions and actaons set forth in Ordinance No.
02-987, which has adopted and approved the Meridian Revitalization Plan.
By agreeing to the administration of this property by the City for the limited purposes of
implementing the Plan, County agrees that all revenue allocation proceeds generated from such
property shall be available to the Agency for all purposes authorized under the Act and the Plan,
and as authorized by City Ordinance No. 02-987.
City (through its urban renewal agency) shall govern and administer the revenue
allocation provision affecting this property as allowed under the Act and the Plan.
County shall approve this Agreement by the adoption of a transfer of power ordinance
and the City shall approve this Agreement by the adoption of the appropriate resolution.
Upon approval and adoption of the County ordinance and City resolution referenced
above, City shall take the necessary steps through the Meridian City Clerk to transmit a copy of
the County Transfer of Power Ordinance to the County Auditor, County Assessor, the other
taxing districts of the revenue allocation area, and the Idaho State Tax Commission.
3. EFFECTIVE TERM
This Agreement shall be deemed effective upon the execution of this Agreement by both
County and City and shall remain in effect for the duration of the Plan (as defined in the Plan).
This Agreement shall be of no further force and effect as it relates to any parcel or parcels
described in Exhibit 1 upon those properties or portions of those properties then being included
within the municipal boundaries of the City of Meridian.
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) - 6
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4. TERMINATION AND MODIFICATION
This Agreement may be modified or amended in writing if executed by both County and
City.
5. ENTIRE AGREEMENT
Except as provided otherwise herein, this Agreement and any attachments hereto
constitute the entire Agreement between the parties concerning the subject matter hereto.
IN WITNESS WHEREOF, County and City have executed this Agreement by proper
persons thereunto duly authorized as of the date first hereinabove written.
COUNTY:
ATTEST:
-J. David Na arro, Ada County Clerk
CITY:
BOARD OF ADA COUNTY COMMISSIONERS
By
G.P. $ d, hairman
CITY O RIDIAN, IDAHO
By
obert D. Corrie, Mayor
~~,,~~~~~-,,,,,,,~p~rov~~c, by C'ef~Cou~tc~:e 3-~8-03
ATTEST: ~~.~`,~y ~~ %,~
William G. Berg, Jr., eri l:an pity perk ~ _
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INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO.581) - 7
(A'faidl~~Cily-Cmmty A6emn®Q (N~wem6c. 2003)
s
ORDINANCE NO.
AN ORDINANCE STATING THE PURPOSE FOR ADOPTING AN URBAN
RENEWAL AREA WITHIN A SMALL PORTION OF THE MERIDIAN AREA OF
CITY IMPACT; ADOPTING THE FINDINGS OF THE MERIDIAN CITY COUNCIL
ON DECEMBER 3, 2002; PROVIDING THE CITY OF MERIDIAN WITH THE
RIGHT, POWER, AUTHORITY, AND OBLIGATION TO ADMINISTER THE
URBAN RENEWAL AREA PURSUANT TO CHAPTERS 20 AND 29, TITLE 50,
IDAHO CODE; GRANTING THE REVENUE ALLOCATION PROCEEDS DERIVED
FROM THE MERIDIAN URBAN RENEWAL AREA LYING WITHIN
UNINCORPORATED ADA COUNTY TO THE MERIDIAN URBAN RENEWAL
AGENCY; ADOPTING THE INTERGOVERNMENTAL AGREEMENT
IMPLEMENTING THIS ORDINANCE; AND AUTHORIZING THE CHAIRMAN TO
SIGN THE AGREEMENT AND SUCH OTHER AND FURTHER DOCUMENTS AS
MAY BE NECESSARY TO CARRY OUT THE INTENT OF THIS ORDINANCE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA
COUNTY, IDAHO, THAT A NEW TITLE 2, CHAPTER 5, BE ADDED TO THE ADA
COUNTY CODE AS FOLLOWS:
I. That this ordinance is adopted to approve creation of that portion of the Meridian
Urban Renewal Area lying outside the corporate boundaries of the City of Meridian and
within the Meridian Area of City Impact as more fully appears from reference to
Ordinance No. 02-987 adopted by the City Council of the City of Meridian on December
3, 2002; to transfer power as provided in I. C. § 50-2906; and to detail the .roles,
responsibilities and duties of the City of Meridian, the County of Ada, and the Meridian
Urban Renewal Agency.
II. The findings of the City Council of the City of Meridian adopted December 3,
2002, in Ordinance No. 02-987 are hereby adopted by the Board of Ada County
Commissioners.
III. The proceeds of revenue allocation from areas lying within the boundaries of the
Meridian Urban Renewal Area shall be devoted to the statutory purposes as authorized in
the Meridian Revitalization Plan.
IV. The Intergovernmental Agreement For Roles And Responsibilities Under Chapter
162, Idaho Session Laws 2000 (House Bill No. 581), Idaho Code Section 50-2906 (the
`.`Agreement") is hereby approved and the Chairman of the Board of Ada County
Commissioners is hereby authorized to execute the same, and to execute any further
ORDINANCE NO. 5D a. -PAGE 1
n:\ordinanceslmeridian urban renewal area ordinance.doc
. ,,'
documents necessary to carry out the intent of the Board of Ada County Commissioners
as expressed in this Ordinance and in the Agreement.
ADOPTED this ~ day of , 2003.
Board of Ada County Commissioners
By. 7 ,[~v~s~~
G.P. Kingsfjbrd, C~ai ' n
By:
y M. eavey-Derr, Comm ssioner
By:
Rick Yzaguir~ Commissioner
ATTEST:
. David Navarro, Ada County Clerk
PUBLISHED:
ORDINANCE NO. ~~.- PAGE 2
n:\ordinances\meridian urban renewal area ordinance.doc
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RESOLUTION N0.03- ~l~
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A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN TO PROVIDE FOR AN INTERGOVERNMENTAL AGREEMENT FOR
ROLES AND RESPONSIBILITIES UNDERCHAPTER 162, IDAHO SESSION LAWS
2000 (HOUSE BILL N0.581) IDAHO CODE SECTION 50-2906 BETWEEN ADA
COUNTY, IDAHO AND THE CITY OF MERIDIAN, MERIDIAN, IDAHO;
PROVIDING FOR AREAS OUTSIDE THE CITY LIMITS TO BE INCLUDED WITHIN
AN URBAN RENEWAL AREA AS THE COUNTY CONSENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and Council have the authority (pursuant to I.C. § 50-
302] to establish resolutions not inconsistent with the laws of the state of Idaho as may be
expedient, in addition to the special powers therein granted, to maintain the peace, good
government and welfare of the corporation and its trade, commerce and industry; and
WHEREAS, the Mayor and Council have deemed it expedient and in the best
interests of the City of Meridian to establish and enter into an Intergovernmental Agreement For
Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No. 581)
Idaho Code Section 50-2906 between Ada County and the City of Meridian.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows:
SECTION 1. Pursuant to Idaho Code §50-301 et seq., the Mayor and City Council
hereby adopt the Intergovernmental Agreement For Roles and Responsibilities Under Chapter
162, Idaho Session Laws 2000 (House Bill No. 581) Idaho Code Section 50-2906 between Ada
County and the City of Meridian, a copy of which is attached hereto and by this reference
incorporated herein. A copy of this Resolution and the attached Intergovernmental Agreement
For Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No.
581) Idaho Code Section 50-2906 between Ada County and the City of Meridian shall be held on
file in the office of the City Clerk.
RESOLUTION FOR AN INTERGOVERNMETNAL
AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000
(HOUSE BILL 581) IDAHO CODE SECTION 50-2906 -
URBAN RENEWAL AREAS OUTSIDE CITY LIMITES
SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect
when the Agreement has been adopted by Ada County, Idaho by Ordinance as required bylaw.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this r v -day
of , 2003.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~
day of . Qit.~.J , 2003.
ATTEST:
e:~= ~. ~~~TFO ti
City Clerk SEAL
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RESOLUTION FOR AN INTERGOVERNMETNAL
AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000
(HOUSE BILL 581) IDAHO CODE SECTION 50-2906 -
URBAN RENEWAL AREAS OUTSIDE CITY Ln~IITES
r
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 ~yj~ ~~, , 2003, the following action has been taken
and authorized.
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN TO PROVIDE FOR AN INTERGOVERNMENTAL AGREEMENT FOR
ROLES AND RESPONSIBILITIES UNDERCHAPTER 162, IDAHO SESSION LAWS
2000 (HOUSE BILL N0.581) IDAHO CODE SECTION 50-2906 BETWEEN ADA
COUNTY, IDAHO AND THE CITY OF MERIDIAN, MERIDIAN, IDAHO;
PROVIDING FOR AREAS OUTSIDE THE CITY LIMITS TO BE INCLUDED WITHIN
AN URBAN RENEWAL AREA AS THE COUNTY CONSENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and Council have the authority [pursuant to I.C: § 50-
302] to establish resolutioi~ not inconsistent with the laws of the state of Idaho as may be
expedient, in addition to the special powers therein granted, to maintain the peace, good
govenunent .and welfaze of the corporation and its trade, commerce and industry; and
WHEREAS, the Mayor and Council have deemed it expedient and in the best
interests of the City of Meridian to establish and enter into an Intergovernmental Agreement For
Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No. 581)
Idaho Code Section 50-2906 between Ada County and the City of Meridian.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows:
SECTION 1. Pursuant to Idaho Code §50-301 et seq., the Mayor and City Council
hereby adopt the Intergovernmental Agreement For Roles and Responsibilities Under Chapter
162, Idaho Session Laws 2000 (House Bill No. 581) Idaho Code Section 50-2906 between Ada
County and the City of Meridian, a copy of which is attached hereto and by this reference
incorporated herein. A copy of this Resolution and the- attached Intergovernmental Agreement
For Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No.
581) Idaho Code Section 50-2906 between Ada County and the City of Meridian shall be held on
file in the office of the Ci~~~ Clerk.
CERTIFICATE OF CLERK PAGE 1 OF 2
.'
SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect
when the Agreement has been adopted by Ada County, Idaho by Ordinance as required by law.
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.e;~~ ~
William G. Berg, Jr. S~ul1L __
9G o~
4 '. ~ .
90 SST ts~ • .T ~~~
STATE OF IDAHO, ) '!~y''~~ ~®'d.! ~l o Y . \OP````~~
SS: j~t.l;ttlltl~~`~ .
County of Ada. )
On this day of 2003, before me, ~ /U, ~ A ~ Q 1/~rl..~1
a Notary Public, appeared WILLIAM G. BERG. JR.,
known or identified to me, respectively, 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.
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Z:\Work\M1MeridianlMeridian 153601v1Utesolutions City Ha1112003\CERT of CLK Cash Revenue Allocation Area for MDC for Agent 03 07
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CERTIFICATE OF CLERK PAGE 2 OF 2
58
November 22, 2002
PROJECT AREA AND REVENUE ALLOCATION BOUNDARY OF THE
MERIDIAN IIRBAN RENEWAL PROJECT
MERIDIAN, IDAHO
A tract of land consisting of approximately 665 acres being portions of Sections 7 and 18 of
Township 3 North, Range 1 East and portions of Sections 12 and 13 of Township 3 North, Range 1
West, Boise Meridian, City of Meridian, Ada County, Idaho. Said tract being more particularly
described as follows:
Commencing at the Section Corner common to Sections 12 and 13 of Township 3 North, Range 1
West and Sections 7 and 18 of Township 3 North, Range 1 East of the Boise Meridiaq thence
along the section line common to said Sections 12 and 13, being the centerline of Franklin Road
North 89°32'43" West 1328.12 feet to the East 1/16' Corner on said section line, said corner being
the POINT OF BEGINNIl~TG; thence leaving said section line
North 00°41'03" East 1622.42 feet along the west boundary and its northerly extension of
Taylor Subdivisioq Book 11 at Page 637, Ada County records to the north right-of-way
line of the Union Pacific Railroad; thence
South 88°43'21" East 55.72 feet along said north right-of--way; thence leaving said right-of--way
North 00°45'49" East 74.97 feet along the southerly extension of the centerline of West 4a' Street;
thence
North 88°43'54" West 67.77 feet; thence wntiauiag on a line tracing the westerly property lines of
the parcels which are adjacent to the west right-of--way line of said West 4m Street the
following courses:
North 00°35' 1 T' East 267.95 feet to the south right-of--way line of West Broadway Avenue; thence
North 21 °17' 16" West 64.73 feet to the north right-of-way line of West Broadway Avenue; thence
North 00°31' 10" East 137.88 feet; thence
North 89°28' 10" Weat 13.50 feet; thence
North 00°43'43" East 137.64 feet to the south right-0f--way line of West Idaho Avenue; thence
North OS°56'2T' West 60.39 feet to the north right-of-way line of West Idaho Avenue; thence
North 00°42'58" East 120.01 feet; thence
North 89° 12' I S" West 4.50 feet; thence
North 00°41'42" East 144.26 feet to the south right-of--way line of West Pine Avenue; thence
North 09°12'40" West 60.91 feet to the north right-of--way line of West Pine Avenue; thence
North Ol°11'23" East 301.00 feet; thence
North 89°09'24" West 25.41 feet; thence
North 00°14'20" East 228.60 feet; thence
North 89°29'47" East 16.70 feet; thence
North O 1 ° 15' 34"East 89.92 fleet to the south right-of--way line of West Carbon Avenue; thence
North 11 °03' 1 T' West 42.90 feet to the north right-of-way line of West Carbon Avenue; thence
North- 00°26'S 1"East 64.39 feet; thence
North 88°12'50" West 1.00 feet; thence
59
November 22, 2002
Page 2 of 5
North 31°07'55" West 65.88 feet; thence
South 89°33' 11" East 35.50 feet; thence
North 00°26'51" East 135.47 feet to the south right-of--way line of West Washington Street; thence
North 00°14'19" East 60.00 feet to the north right-of--way line of West Washington Street; thence
North 00°35'49" East 72.00 feet to the northwest corner of Lot 4 of the City of Meridian Park View
Addition, Book 12 of Plats at Page 663, Ada County records; thence along the north line of
said Lot 4 and its easterly extension
South 89°25'55" East 149.85 feet to the centerline of said West 4'~ Street; thence
North 00°25'30" East 1571.65 feet to the north line of said Section 12, said north line being the
centerline of Cherry Lane; thence along said north line
South 89°26'30" East 1263.31 feet to Northeast corner of said Section 12 at the imersection of said
Cheny lane with Fairview Avenue (US Highway 30) and Meridian Road; thence
North 88°34'34" East 1773.74 feet along the north line of said Section 7 said north line being
within the right-of--way of said Fairview Avenue (US Highway 30); thence leaving said
north line of Section 7
South 00°30' 10" West 959.19 feet along the east boundary of a parcel of land designated by Ada
County Tax Parcel #S 1107212705 to the north right-of--way line of East Badley Avenue;
thence along sand north right-of--way line
North 89°46'56" West 101.40 feet; thence leaving said north right-0f--way line of East Badley
Avenue
South 00°33'20" West 761.53 feet along the centerline of East 4s' Street (unopened right-of--way) to
the imersection with the cemerline of East Washington Avenue; thence
North 89°36' 10" East 580.24 feet along said cemerline of East Washington Avenue to the west
boundary of Sterling Creek Subdivision, Book 77 of Plats at Pages 8100-8101, Ada County
records; thence traang said Sterling Creels Subdivision boundary the four (4) courses
South 00°35'53" West 276.09 feet; thence
South 89°20'48" East 150.00 feet; thence
North 00°3 5' S3" East 272.64 feet returning to said centerline of East Washington Avenue; thence
along said centerline
North 89°34'56" East 226.36 feet to the west boundary of Danbury Fair Subdivision No. 5, Book
70 of Plats at Pages 7224-7225, Ada County records; thence along said west boundary of
Danbury Fav Subdivision No. 5 the following four courses:
South 33°13'49" West 183.42 feet; thence
South 04°06'26" West 354.61 feet; thence
South 37°55'28" East 145.72 feet; thence
South 38°43'05" East 457.95 feet along the southwest boundary line of said Danbury Fair
Subdivision No. S and it southeasterly extension to the south right-of--way Gne of East Pine
Avenue; thence along said south right-of--way line
South 89°34'38" West 152.89 feet to the northwest corner of Oliason Park Subdivision, Book 80 of
Plats at Pages 8659 and 8660, Ada County records; thence along the east boundary line of
said Oliason Park Subdivision
South 00°34'41" West 373.46 feet to the centerline of East Idaho Avenue; thence along said
cemerline of East Idaho Avenue
,L::, iC.~1.c. ('1~{ ~ ~ 0.C, 2 OT ~P
60
November 22, 2002
Page 3 of S
North 89°25'46" West 333.50 feet to the north-south centerline of said Section 7; thence leaving
said centerline of East Idaho Avenue
South 00°35'48" West 329.50 feet along said north-south centerline of Section 7 to the north line of
a parcel of land designated by Ada Coumy Tax Parcel #01107325600 (being a railroad
right-of--way parcel); thence tracing said parcel clockwise
South 88°46'23" East 235.20 feet; thence
South 00°35' 18" West 410.00 feet; thence
North 88°32'20" West 235.20 feet; thence leaving the south line of said railroad parcel
South 00°41'03" West 407.79 feet crossing the Union Pacific Railroad right-of--way and Bown's
Railroad Addition, Book 4 at Page 165, Ada County records to the south right-of--way line
of East Bower Street; thence along said south right-of--way line of East Bower Street
North 89°32'46" West 9.2? feet; thence continuing along said south right-of--way line
Along a curve to the right 77.72 feet, said curve having a radius of 55.00 feet, a delta angle of
80°57'36" and a chord bearing and distance North 89°32'46" West 71.41 feet; thence
continuing along said south right-of--way line
North 89°32'46" West 597.38 feet; thence leaving said right-of--way
South 00°18'ST' West 85.25 feet along the line common to Bown's Second Additioq Book 5 at
Page 216 and Meridian Business Park, Book 70 at Pages 7158-7159, Ada County records;
thence cominuing along said common line
South 00°31' 11" West 1031.39 feet to the section line common to said Sections 7 and 18, said
section line also being the centerline of Franklin Road; thence
South 89°19'06" West 630.69 feet along said section line; thence leaving said section line
South 00°31' 16" West 282.35 feet along the west boundary of Honor Park Subdivision No. 3, Book
78 of Plats at Pages 8191-8192, Ada County Records; thence cominuing along the boundary
of said Honor Park Subdivision No. 3
North 89°30'36" East 622.00 feet; thence
South 00°43'59" West 1048.33 feet to the north boundary line of Honor Park Subdivision No. 2,
Book 68 at Pages 6959-6960, Ada Coumy records; thence along said north boundary line of
Honor Park No. 2 and the north boundary of Lots 4 and 2, Block 2 of Honor Park
Subdivision No. 1, Book 65 ofPlats at pages 6652-6653, Ada County records
South 89°31'26" West 858.88 feet to the northwest corner of said Lot 2; thence along the west line
of said Lot 2
South 00°41'30" West 164.14 feet to the north right-of--way line of East Waterhouse Lane; thence
along said north right-of--way line
South 89°32'37" West 105.09 feet; thence leaving said north right-of--way line
South 00°27' 16" East 243.03 feet crossing said East Waterhouse Lane and following the line
common to Lot 1 and Lot 2, BIock 1 of said Honor Park No. l to the north line of Central
Valley Corporate Park No. 1, Book 57 at Pages 5332-5333, Ada County Records; thence
South 89°32'40" West 70.76 feet along said north line of Central Valley Corporate Park No. 1 to
the northeast corner of Lot 1, Block 1 of said subdivision; thence along the east line of said
Lot 1 and its southerly extension
~ xhi.h~-t ( f ~a~ ~- 3 °~ ~
61
November ZZ, 2002
Page 4 of 5
South 00°29'44" East 320.73 feet to the centerline of East Corporate Drive; thence along said
centerline of East Corporate Drive
South 70°11'43" East 116.89 feat to the centerline intersection with East Progress Avenue; thence
following the centerline of East Progress Avenue the following courses:
South 24°02' 10" West 162.62 feet; thence
Along a curve to the right 15.07 feet, said curve having a radius of 100.00 feet, a delta of 8°38'05"
and a chord bearing and distance of South 24°21' 12" West 15.06 feet; thence
south 28°27'06" west 722.57 feet; thence
Along a curve to the left 92.39 feet, said curve having a radius of 200.00 feet, a delta of 26°28'04"
and a chord bearing and distance of South 15°13'04" West 91.57 feet; thence
South O1°52'39" West 171.22 feet; thence
Along a curve to the left 132.89 feet, said curve having a radius of 270.00 feet, a delta of 28° 12'01"
and a chord bearing and distance of South l2°07' 10" East 131.55 feet; thence
South 26°13'11" East 48.68 feet; thence
Along a curve to the right 57.26 feet, said curve having a radius of 330.00 feet, a delta of 9°56'32"
and a chord bearing and distance of South 21°14'55" East 57.19 feet; thence leaving said
centerline of South Progress Avenue
South 29°07'22" West 86.63 feet along the northwesterly line and its northeasterly extension of
Lot 10, Block 4 of Central Valley Corporate Park No. 6, Book 76 of Plats at Pages
7960-7964, Ada County records; thence continuing along the westerly boundary of said Lot
South 30°06'40" West 179.76 feet; thence coatinu;ng long said westerly boundary of said Lot 10
and its southerly extension through Lot 11 of said Block 4
South 06°40' 11" West 150.09 feet to the northerly right-of-v~ray of Interstate Highway 84; thence
along said northerly right-of--way
North 63°45'17" West 107.10 feet; thence
North 68°59'20" West 80.00 feet; thence leaving said northerlyright-of-way
North 87°48'00" West 146.72 feet to a point on the section line common to said Sections 18 and
13; thence continuing
North 87°48'00" West 70.21 feet to a point on said northerly right-of--way line of Interstate
Highway 84; thence along said northerly right-of--way the following courses:
South 71°00'08" West 402.38 feet; thence
South 74°38'59" West 471.23 feet; thence
South 83°21'56" West 332.84 feet; thence
North 89°29'55" West 1400.79 feet; thence leaving said northerlyright-of--way
North 00°30'34" East 1050.00 feet along the north-south centerline of said Section 13; thence
leaving said north-south centerline and following the east boundary of The Landing
Subdivisions No. 9, Book 74 of Plats at Pages 7658-7659 and The Landing Subdivision No.
8, Book 70 of Plats at Pages 7230-7231 the following courses:
North 89°19'42" West 200.00 feet; thence
North 00°26'52" East 275.00 feet; thence
South 89°29'22" East 200.00 feet; thence
.~x.~'L~~'~ ~ ~aU~ 'l p~ ~0
62
November 22, 2002
Page 5 of 5
North 00°35'24" East 837.18 feet; thence leaving said east boundary of The Landing Subdivision
No. 8 and following the southerly boundary of Franklin Square Subdivision, Book 44 of
Plats at Pages 3587.3588, Ada County records
South 61°20'43" East 373.07 feet; thence
South 89°28'20" East 332.51 feet; thence
North 00°27'35" East 107.48 feet along the east line of said Franklin Square Subdivision to the
southwest corner of Troutner Park Subdivision, Book 75 of Plats at Pages 7762-7764;
thence along the southerly and easterly boundary of said Troutner Park Subdivision the
following courses:
South 85°13'34" East 147.44 feet; thence
North 80°22' 14" East 523.38 feet; thence
North 00°42'41" East 142.03 feet; thence
South 89°40'42" East 790.29 feet; thence
North 00°50'22" East 329.04 feet; thence
North 89°26'21" West 128.88 feet; thence
North 00°38'21" East 663.30 feet; thence
North 89°31'58" West 663.22 feet; thence
North 00°42'23" East 349.90 feet; thence leaving said east boundary of Troutner Park Subdivision
North 00°42'23" East 313.66 feet to the POINT OF BEGIl~NING.
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MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Tammy deWeerd
William L. M. Nary
Cherie McCandless
Keith Bird
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LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PARKS & RECREATION
(208 888-3579 • Fax 898-5501
PUBLIC WORKS
(208)898-5500•Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
`~' t iso3 PLANNING AND ZONING
(208) 884-5533 • Fax 888-G854
September 23, 2002
Honorable Grant Kingsford
Chairman
Ada County Board of Commissioners
Ada County Idaho
200 West Front Street
Boise, Idaho 83702
RE: Meridian Revitalization Plan.
Deaz Chairman Kingsford:
We write on behalf of the City of Meridian and the Meridian Development Corporation,
the urban renewal agency for the City of Meridian. The Meridian City Council is currently
considering the adoption of the Meridian Revitalization Plan. The Meridian Development
Corporation approved the Plan at its meeting of August 21, 2002. On September 4, 2002, the
City Clerk sent to Ada County a copy of the Plan and other information for review by the County
as required by the Idaho Urban Renewal Law, Chapter 20, Title 50, Idaho Code, and the Local
Economic Development Act, Chapter 29, Title 50, Idaho Code. The Council will be conducting
a public heazing on its ordinance to approve the Plan on October 8, 2002, at 7:00 p.m at the
Meridian City Hall.
Part of the geographic area being considered under the Plan includes certain property
which is outside the corporate limits of the City of Meridian. This property is located generally
north of Interstate 84 between Meridian Road and The Landing Subdivision, south of Troutner
Business Pazk. The attached diagram illustrates the urban renewal azea and the properties within
it that aze currently under Ada County jurisdiction.
The subject property is located within the impact area of the City of Meridian and is
surrounded on all sides by property within the City limits. Thus it is an underdeveloped enclave
of county property completely surrounded by the City and anticipated as future City Limits.
Additionally, for this property to develop City services would need to be extended to the
property, thus requiring annexation of the property to the City.
Idaho Code Section 50-2906 (3) states as follows:
33 EAST IDAHO • MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) s87-4813 City Clerk Otlice Fauc (208) 888-4218 Human Resources Fax (208) 884-8723
(b) that an agreement on administration of a revenue allocation
financing provision extending beyond the municipal boundary of
the authorized municipality has been negotiated with the
cooperating county having extraterritorial power and that the
agreement has been formalized by a transfer of power ordinance
adopted by that county;
The attorney for the Meridian Development Corporation, Ryan Armbruster, has spoken
very briefly with Ted Argyle, Chief Civic Deputy Prosecuting Attorney, concerning the form of
such an agreement. This provision has been in erect only since July of 2000. We aze unaware
of any particular form or protocol to comply with this statutory provision.
On behalf of the City and Meridian Development Corporation, we request the County
consent to the inclusion of this property within the boundaries of the Plan and the jurisdiction of
the City and Meridian Development Corporation over this property for urban renewal purposes.
We also request that the Prosecuting Attorney's office be directed to work with Mr. Armbruster
to draft the appropriate agreement or other documents which may be necessary.
Very truly yours,
Mayor obert D. (Bob) Corrie
Jim Jbhnson`Chair of Meridian
Corp.
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Meridian Urban Renewal Area
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Y1 county Parcels
Totalling 7Z.1aS Acres
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Urban Renewal Area Boundary
. Ada County Property within the Urban Renewal Area
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.~:~ COMMISSIONERS
OFFICE
~~ ~ 0 T T~ T/ ~ ~}1T ,~i 200 W. Front Street, 3rd Floor
U l~ ~~11 Boise, Idaho 83702
~ '^~ (208) 287-7000
CITY i. _ „ - ~ v Fax (208) 287-7009
Sharon M. Ullman Roger D. Simmons Grant P. Kingsford
Commissioner, First District Commissioner, Second District Commissioner, Third District
Sharon®adaweb.net rsimmonsC~3adaweb.net gkingsford®adaweb.net
October 22, 2002
Mayor Robert Come
33 East Idaho
Meridian, Idaho 83642
RE: Meridian Revitalization Plan
Dear Mayor Come:
~~~~
OCT 3 1 1002
City Of Meridian
City Clerk Office
We are in receipt of your September 23, 2002, letter wherein your Chairman of Meridian
Development Corporation, Jim Johnson, requests; "the County's consent to the inclusion of the
property outlined in the letter within the boundaries of the Plan and the jurisdiction of the city of
Meridian Development Corporation over this property for urban renewal purposes. We also
request that the Prosecuting Attorney's office be directed to work with Mr. Armbruster to draft
the appropriate agreement or other documents which may be necessary."
We have approved your request in an open business meeting of the Ada County Commissioners
on October 22, 2002, at 9:00 a.m.
..
Sincere ,
G.P. Kin sford, 'rman
pQPO sEo -.~'y~7./.
M. Ullman, Commissioner
cc: Jim Johnson, Chair of Meridian Development Corp.
Ted Argyle, Ada County Chief Civil Deputy w/original request ltr
Jeff Patlovich, Director, Ada County Development Services
z:lcorr 2002Uneridian revitalization plan approval Itr.doc
~ a~~ (of l
i
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
~.
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LEGAL DEPARTMENT
(208) 466-9272 • FAX 46G-4405
PARKS & RECREATION
(208) 888-3579 • Fax 89R-SSOI
PUBLIC WORKS
(208) 898-5500 • Fax 887-1297
BUILDING DEPARTMENT
(208) 887-221 l • Fax 887-1297
PLANNING & ZONING
(208) 884-5533 • Fax 888-G854
May 14, 2003
Re: Intergovernmental Agreement -City of Alleridian and Ada County
State Tax Commission, Ada County Auditor, Ada County Assessor:
As provided for under Idaho Code Sections 50-2907 and 63-215, you are- being
provided, copies of the following documents:
1. Intergovemmental Agreement for Roles and Responsibilities Under
Chapter 162, Idaho Session Laws 2000 (House Bill No. 581). The
Agreement includes a map and legal description of this area. This area
was included within the Urban Renewal Area and revenue allocation area
approved by the City Council on December 3, 2002, and transmitted to
you under letter dated December 20, 2002;
2. Board of Ada County Commissioners Ordinance No. 502; and
3. Meridian City Council Resolution No. 03-400.
Please file these documents in your official records.
Sincerely,
~%Gf/
William G. Berg, Jr.
City Clerk
cc: Steve Siddoway
Theodore E. Argyle, Esquire
wlliam F. Nichols, Esquire
Ryan P. Armbruster, Esquire
Enclosure
33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433
City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813
~~
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
~~
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CITY OF' ~~!~;,'~~, „
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IDAHO j
y ~ BUILDING DEPARTMENT
c
~ e ~ (208) 887-2211 • Fax 887-1297
NTFR ° ~ TREASURE VP~Y~- siNCE PLANNING & ZONING
,;1903
(208) 884-5533 • Fax 888-G854
May 14, 2003
Re: Intergovernmental Agreement -City of Meridian and Ada County
Dear Taxing Entities:
As required by the Local Economic Development Act, Chapter 29, Title 50, Idaho Code,
the City of Meridian and Ada County have entered into a formal agreement governing
urban renewal activities for those properties which are included within the boundaries of
the Meridian Urban Renewal Project Area, but lie outside the city limits of the City of
Meridian.
Enclosed you will find a copy of the Meridian City Council resolution approving the
Agreement and the Ada County Ordinance approving the Agreement. These
documents should be filed with your copy of City Council Ordinance No. 02-987
approving the urban renewal plan, transmitted to you under letter dated December 20,
2002.
Please file these documents in your official records. You may contact my office if you
have any questions.
Sincerely,
t~
William G. Berg, Jr.
City Clerk
cc: Steve Siddoway
Theodore E. Argyle, Esquire
William F. Nichols, Esquire
Ryan P. Armbruster, Esquire
Enclosure
LEGAL DEPARTMENT
(208) 4GG-9272 • FAX 4GG-4405
PARKS & RECREATION
(208) 888-3579 • Fax 898-5501
PUBLIC WORKS
(208) 898-5500 • Fax 887-1297
33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433
City Clel-k Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813
.~ .
AGREEMENT NO. 6482
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND
RESPONSIBILITIES UNDER CHAPTER 162,
IDAHO SESSION LAWS 2000
(HOUSE BILL NO.581)
IDAHO CODE SECTION 50-2906
This Intergovernmental Agreement is entered into this ~ day of ~f Q~.G~ _ 2003
by and between Ada County, Idaho ("County"), and the City of Meridian, Idaho ("City"), and is~
made for the purpose of complying with Chapter 162, Idaho Session Laws 2000 (House Bill
No. 581), codified at Idaho Code Section 50-2906.
RECITALS
WHEREAS, the County is a duly organized and existing county under the laws and the
Constitution of the State of Idaho;
WHEREAS, the City is a duly organized existing municipality under the laws and the
Constitution of the state of Idaho;
WHEREAS, on or about July 24, 2001, by Resolution No. 01-367, the City Council of
the City of Meridian approved an area as appropriate for an urban renewal project, and therefore,
for the purposes of the Law, created an urban renewal agency (known as the Meridian
Development Corporation), pursuant to Chapter 20, Title 50, Idaho Code (hereinafter the
"Law"), authorizing it to transact business and exercise the powers granted by the Law upon
making the findings of necessity required for creating said agency;
WHEREAS, upon adoption of Resolution No. 01-367, the Meridian Development
Corporation ("MDC"), began the.planning process as allowed by the Law;
WHEREAS, as a result of the activities within the Meridian Urban Renewal Project Area,
and the planning process, the MDC's Board of Commissioners identified a number of issues that
are affecting certain geographical areas adjacent or in close proximity to the originally identified
Meridian Urban Renewal Project Area;
WHEREAS, the MDC Board of Commissioners authorized a study or report to consider
incorporating certain property in proximity to the Meridian Urban Renewal Project Area and to
analyze and determine whether the area is eligible for urban renewal planning and to determine
whether the area should be modified or revised, and provide the fu11,MDC Board with a report
and recommendation as soon as reasonably possible;
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITTES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL N0.581) - 1
(tHa;m~~ciry.camiy ~wmc) (Nw~bv, zoos)
WHEREAS, the MDC, through the City, retained Sherry McKibben of McKibben &
Cooper Architects ("McKibben"), to study the area in question and to prepare an eligibility
report (the "McKibben Report"), which examined the designated urban renewal area for the
purpose of determining whether such area is a deteriorating or deteriorated area as defined by
Idaho Code, Sections 50-2018(1) and 50-2903(6)(b);
WHEREAS, the MDC, on June 19, 2002, adopted Resolution No. MDC-02-004
accepting the Eligibility Report for the Plan;
WHEREAS, the Meridian City Council considered the McKibben Report for the
Meridian Revitalization area at the City Council meeting scheduled for August 27, 2002;.
WHEREAS, the Mayor and Council considered the steps set forth by the Act (as defined
below) and Law, accepting the McKibben Report finding the area set forth therein to be
"deteriorated" or "deteriorating" areas as defined by Idaho Code Sections 50-2018(h), (i) and 50-
2903(b) declaring such area as an urban renewal area, making additional findings regarding the
characteristics of the area, making the necessary findings as required by Idaho Code Section 50-
2008(a) and authorizing the MDC to prepare an urban renewal.plan;
WHEREAS, under Idaho Code Section 50-2008, an urban renewal project for an urban
renewal area shall not be planned until such area has been found to be deteriorated or
deteriorating by the adoption of a resolution by the City Council;
WHEREAS, the Legislature of the State of Idaho has enacted the Local Economic
Development Act, Chapter 29, Title 50, Idaho Code, referred to herein as the "Act," authorizing
certain urban renewal agencies, including the Meridian Development Corporation, referred to
herein as the "MDC," to adopt revenue allocation financing provisions as part of their urban
renewal plans;
WHEREAS, in order to implement the provisions of the Act and the Law, either the
MDC may prepare a plan or any person, public or private, may submit such plan to the MDC;
WHEREAS, the Meridian City Council, by way of Council resolution on August 27,
2002, accepted the Eligibility Report for the area by adoption of Resolution No. 02-385;
WHEREAS, the Mayor and Council have taken the steps set forth by the Act and Law,
accepting the Eligibility Report finding the area set forth therein to be "deteriorated" or
"deteriorating" areas as defined by Idaho Code Sections 50-2018(h), (i), and 50-2903(b)
declaring such area as an urban renewal area, making additional findings regarding the
INTERGOVERNMENTAL; AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL N0.581) - 2
~~~,~
characteristics of the area, making the necessary findings as required by Idaho Code
Section 50-2008(a) and authorizing the MDC to prepare an urban renewal plan;,
WHEREAS, MDC staff and consultants have undertaken the planning process during
2002;
WHEREAS, all action by the MDC was conditioned upon the City Council fmdings of
August 27, 2002;
WHEREAS, the MDC has prepared a proposed Meridian Revitalization Plan (the "Plan")
for the areas designated as eligible for urban renewal planning;
WHEREAS, such proposed Plan also contains provisions of revenue allocation financing
as allowed by the Act;
WHEREAS, the Board considered all comment, testimony, and information submitted to
the MDC during the August 21, 2002, meeting;
WHEREAS, on August 21, 2002, the MDC Board passed Resolution No. MDC-02-006
proposing the Meridian Revitalization Plan;
WHEREAS, the MDC has, by letter of transmittal dated August 26, 2002, submitted the
Plan to the Mayor and City Council of Meridian;
WHEREAS, the Mayor and City Clerk have taken the necessary action to process the
Plan;
WHEREAS, at a meeting held August 29, 2002, the Meridian Planning and Zoning.
Commission considered the Plan and found that the Plan is in all respects in conformity with the
Comprehensive Plan;
WHEREAS, notice of the public hearing of the Plan was caused to be published by the
Meridian City Clerk of Meridian, Idaho, in The Valley News on September 2 and 16, 2002;
WHEREAS, as of September 4, 2002, the Plan was submitted to the affected taxing
entities, available to the public, and under consideration by the City Council;
WHEREAS, the City Council convened a work session with interested parties. and
property owners on September 17, 2002;
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL N0.581) - 3
WHEREAS, the City Council during its regulaz meeting of October 8, 2002, held such
public hearing, considered the proposed plan, and made certain findings;
WHEREAS, as required by Idaho Code Sections 50-2905 and 50-2906, the Plan contains
the following information which was made available to the general public and all taxing districts
at least thirty (30) days prior to the October 8, 2002, regular meeting of the City Council: (1) the
kind, number, and location of all proposed public works or improvements within the revenue
allocation area; (2) an economic feasibility study; (3) a detailed list of estimated project costs;
(4) a fiscal impact statement showing the impact of the revenue allocation area, both until and
after the bonds are repaid, upon all taxing districts levying taxes upon property in the revenue
allocation azea; and (5) a description of the methods of financing all estimated project costs and
the time when related costs or monetary obligations are to be incurred;
WHEREAS, the Plan authorizes certain projects to be financed by revenue allocation
bonds and proceeds from revenue allocation;
WHEREAS, appropriate notice of the Plan and revenue allocation provision contained
therein has been given to the taxing districts and to the public as required by Idaho Code
Section 50-2906;
WHEREAS, the City Council determined that the equalized assessed valuation of the
taxable property in the revenue allocation area described in Attachments 1 and 2 of the Plan is
likely to increase as a result of initiation of urban renewal projects in accordance with the Plan;
WI~REAS, the City at its regular meeting held on October 8, 2002, considered the Plan
as proposed and made certain comprehensive findings;
WHEREAS, any area outside the city limits of the City of Meridian can be included
within an urban renewal area only if such azea is annexed, or the County consents to such
inclusion.
WHEREAS, the City Council approved Ordinance No. 02-987 at its regular meeting of
December 3, 2002, and published the Summary of the Ordinance on December 3 `~ 2002,
adopting the Plan.
WHEREAS, during the 55~' Idaho Legislature, 2"d Regulaz Session, the Idaho Legislature
adopted House Bill No. 581, Chapter 162, Idaho Session Laws 2000, amending the Act, to
require an agreement between a City and the affected County, governing administration of a
revenue allocation financing provision for any area extending beyond that city's municipal
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL N0. 581) - 4
~n+~a~~~ciry-co~~y ~~m~~ a+w~ma. mu~~
boundary, and such agreement must be formalized by a transfer of power ordinance adopted by
the County;
WHEREAS, Chapter 162, Idaho Session Laws 2000, became effective July 1, 2000;
WHEREAS, there are certain properties within the Plan area which extend beyond the
municipal boundaries of the City of Meridian, which properties are more particulazly described
and depicted on Exhibit 1 attached hereto and incorporated herein by reference;
WHEREAS, under the Act and Law the County may establish an urban renewal agency
and adopt an urban renewal plan for an area under its jurisdiction which meets the criteria and
eligibility defined under the Law and Act;
WHEREAS, City and Agency have previously sought County approval for
administration by the City (through the Agency), of certain revenue allocation proceeds
generated from the property identified in Exhibit 1 as described in the joint letter dated
September 23, 2002, attached hereto as Exhibit 2 and incorporated herein by reference;
WHEREAS, County, acting through its Boazd of County Commissioners, by a vote of
2-1 in favor approved such request at an open business meeting on October 22, 2002; and issued
its letter dated October 22, 2002, a copy of which is attached hereto as Exhibit 3 and
incorporated herein by reference;
WHEREAS, the City and County desire to enter into this Agreement to avoid any
uncertainty regazding the City's. jurisdiction and authority (acting through its duly organized and
constituted urban renewal agency), to implement the Plan concerning those properties which are
outside the municipal limits of the City of Meridian;
WHEREAS, the City and County deem it in their collective best interest to enter into this
Agreement covering said properties and assuring compliance with the Act, Law and
Chapter 162, Idaho Session Laws 2000,
NOW, THEREFORE, it is mutually agreed as follows:.
AGREEMENT
1. PURPOSE OF AGREEMENT
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL N0.581) - 5
(hlaidien\Clty-Cam~ry Agammt) (Nw~ba, 200 .
The purpose of this Agreement is to detail the duties, roles, and responsibilities to be
provided by the parties with respect to compliance with the Act, Law and Chapter 162, Idaho
Session Laws 2000, codified at Idaho Code Section 50-2906.
2. GENERAL PROVISIONS
County does hereby agree that the City shall have the right, power, authority, and
obligation to administer the Law, Act and particularly the revenue allocation financing
provisions of the Plan for that certain property which is contained within the boundaries of the
revenue allocation azea as defined in the Act and Plan, which property extends beyond the
municipal boundary of the City of Meridian. The property governed by this Agreement is
described, defined, and depicted on Exhibit 1 of this Agreement..County does hereby defer to
the findings and conclusions set forth in the several resolutions previously adopted by the City as
referenced in City Council Ordinance No. 02-987, adopted by the City on December 3, 2002.
County also defers to the City those findings, conclusions and actions set forth in Ordinance No.
02-987, which has adopted and approved the Meridian Revitalization Plan.
By agreeing to the administration of this property by the City for the limited purposes of
implementing the Plan, County agrees that all revenue allocation proceeds generated from such
property shall be available to the Agency for all purposes authorized under the Act and the Plan,
and as authorized by City Ordinance No. 02-987.
City (through its urban renewal agency) shall govern and administer the revenue
allocation provision affecting this property as allowed under the Act and the Plan.
County shall approve this Agreement by the adoption of a transfer of power ordinance
and the City shall approve this Agreement by the adoption of the appropriate resolution.
Upon approval and adoption of the County ordinance and City resolution referenced
above, City shall take the necessary steps through the Meridian City Clerk to transmit a copy of
the County Transfer of Power Ordinance to the County Auditor, County Assessor, the other
taxing districts of the revenue allocation area, and the Idaho State Tax Commission.
3. EFFECTIVE TERM
This Agreement shall be deemed effective upon the execution of this Agreement by both
County and City and shall remain in effect for the duration of the Plan (as defined in the Plan).
This Agreement shall be of no further force and effect as it relates to any parcel or pazcels
described in Exhibit 1 upon those properties or portions of those properties then being included
within the municipal boundaries of the City of Meridian.
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL N0.581) - 6
m+~•o+~r-tea l (-~o~~ev. moat
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4. TERMINATION AND MODIFICATION
This Agreement may be modified or amended in writing if executed by both County and
City.
5. ENTIRE AGREEMENT
Except as provided otherwise herein, this Agreement and any attachments hereto
constitute the entire Agreement between the parties concerning the subject matter hereto.
IN WITNESS WHEREOF, County and Ciry have executed this Agreement by proper
persons thereunto duly authorized as of the date first hereinabove written.
COUNTY:
ATTEST:
J. David Na arro, Ada County Clerk
CITY:
BOARD OF ADA COUNTY COMMISSIONERS
By
G.P. g d, hairman
CITY O RIDIAN, IDAHO
By
obert D. Corrie, Mayor
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ATTEST:
o
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William G. Berg, Jr., eri l.an pity ~er ~I'
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INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL N0.581) - 7
~-
k Y
ORDINANCE NO.
AN ORDINANCE STATING THE PURPOSE FOR ADOPTING AN URBAN
RENEWAL AREA WITHIN A SMALL PORTION OF THE MERIDIAN AREA OF
CITY IMPACT; ADOPTING THE FINDINGS OF THE MERIDIAN CITY COUNCIL
ON DECEMBER 3, 2002; PROVIDING THE CITY OF MERIDIAN WITH THE
RIGHT, POWER, AUTHORITY, AND OBLIGATION TO ADMINISTER THE
URBAN RENEWAL AREA PURSUANT TO CHAPTERS 20 AND 29, TITLE 50,
IDAHO CODE; GRANTING THE REVENUE ALLOCATION PROCEEDS DERIVED
FROM THE MERIDIAN URBAN RENEWAL AREA LYING WITHIN
UNINCORPORATED ADA COUNTY TO THE MERIDIAN URBAN RENEWAL
AGENCY; ADOPTING THE INTERGOVERNMENTAL AGREEMENT
IMPLEMENTING THIS ORDINANCE; AND AUTHORIZING THE CHAIRMAN TO
SIGN THE AGREEMENT AND SUCH OTHER AND FURTHER DOCUMENTS AS
MAY BE NECESSARY TO CARRY OUT THE INTENT OF THIS ORDINANCE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA
COUNTY, IDAHO, THAT A NEW TITLE 2, CHAPTER 5, BE ADDED TO THE ADA
COUNTY CODE AS FOLLOWS:
I. That this ordinance is adopted to approve creation of that portion of the Meridian
Urban Renewal Area lying outside the corporate boundaries of the City of Meridian and
within the Meridian Area of City Impact as more fully appears from reference to
Ordinance No. 02-987 adopted by the City Council of the City of Meridian on December
3, 2002; to transfer power as provided in I. C. § 50-2906; and to detail the roles,
responsibilities and duties of the City of Meridian, the County of Ada, and the Meridian
Urban Renewal Agency.
II. The findings of the City Council of the City of Meridian adopted December 3,
2002, in Ordinance No. 02-987 are hereby adopted by the Board of Ada County
Commissioners.
III. The proceeds of revenue allocation from areas lying within the boundaries of the
Meridian Urban Renewal Area shall be devoted to the statutory purposes as authorized in
the Meridian Revitalization Plan.
IV. The Intergovernmental Agreement For Roles And Responsibilities Under Chapter
162, Idaho Session Laws 2000 (House Bill No. 581), Idaho Code Section 50-2906 (the
"Agreement") is hereby approved and the Chairman of the Board of Ada County
Commissioners is hereby authorized to execute the same, and to execute any further
ORDINANCE NO. ~D ~ -PAGE 1
n:\ordinancealooeridian urban renewal area ordinaDCe.doc
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documents necessary to carry out the intent of the Board of Ada County Commissioners
as expressed in this Ordinance and in the Agreement.
ADOPTED this day of , 2003.
Board of Ada County Commissioners
BY~ _ ~~~
G.P. Kingsf~6rd, C~a'
By:
y M. eavey-Derr, Comm ssioner
By:
Rick Yzaguirt~ Comrilissioner
ATTEST:
. David Navarro, Ada County Clerk
PUBLISHED:
ORDINANCE NO. ~(~-- PAGE 2
:~;
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.~
Y
RESOLUTION N0.03- ~iG'~
BY: T/~~-n y d~~.e~tc~
GsrY~ ~i~.c.~,~l~2~ev
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN TO PROVIDE FOR AN INTERGOVERNMENTAL AGREEMENT FOR
ROLES AND RESPONSIBILITIES UNDERCHAPTER 162, IDAHO SESSION LAWS
2000 (HOUSE BILL N0.581) IDAHO CODE SECTION 50-2906 BETWEEN ADA
COUNTY, IDAHO AND THE CITY OF MERIDIAN, MERIDIAN, IDAHO;
PROVIDING FOR AREAS OUTSIDE THE CITY LIMITS TO BE INCLUDED WITHIN
AN URBAN RENEWAL AREA AS THE COUNTY CONSENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and Council have the authority [pursuant to I.C. § 50-
302] to establish resolutions not inconsistent with the laws of the state of Idaho as may be
expedient, in addition to the special powers therein granted, to maintain the peace, good
government and welfare of the corporation and its trade, commerce and industry; and
WHEREAS, the Mayor and Council have deemed it expedient and in the best
interests of the City of Meridian to establish and enter into an Intergovernmental Agreement For
Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No. 581)
Idaho Code Section 50-2906 between Ada County and the City of Meridian.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows:
SECTION 1. Pursuant to Idaho Code §50-301 et seq., the Mayor and City Council
hereby adopt the Intergovernmental Agreement For Roles and Responsibilities Under Chapter
162, Idaho Session Laws 2000 (House Bill No. 581) Idaho Code Section 50-2906 between Ada
County and the City of Meridian, a copy of which is attached hereto and by this reference
incorporated herein. A copy of this Resolution and the attached Intergovernmental Agreement
For Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No.
581) Idaho Code Section 50-2906 between Ada County and the City of Meridian shall be held on
file in the office of the City Clerk.
RESOLUTION FOR AN INTERGOVERNMETNAL
AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162,1DAH0 SESSION LAWS 2000
(HOUSE BILL 581) IDAHO CODE SECTION 50-2906 -
URBAN RENEWAL AREAS OUTSIDE CITY LIMITES
~~
,.
SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect
when the Agreement has been adopted by Ada County, Idaho by Ordinance as required bylaw.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this r v -day
of , 2003.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~`
day of . ait.G~J , 2003.
ATTEST:
~~`````G`~ ~~r~qy'''~~~~
Fo
City Clerk = SEAL
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RESOLUTION FOR AN INTERGOVERNMETNAL
AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000
(HOUSE BII.L 581) IDAHO CODE SECTION SO-2906 -
URBAN RENEWAL AREAS OUTSIDE CITY LIlVIITES
2
Ir ~
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 /8~'-' day of~j~~~~ 2003, the following action has been taken
and authorized.
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN TO PROVIDE FOR AN INTERGOVERNMENTAL AGREEMENT FOR
ROLES AND RESPONSIBILITIES UNDERCHAPTER 162, IDAHO SESSION LAWS
2000 (HOUSE BILL N0.581) IDAHO CODE SECTION 50-2906 BETWEEN ADA
COUNTY, IDAHO AND THE CITY OF MERIDIAN, MERIDIAN, IDAHO;
PROVIDING FOR AREAS OUTSIDE THE CITY LIMITS TO BE INCLUDED WITHIN
AN URBAN RENEWAL AREA AS THE COUNTY CONSENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and Council have the authori
302] to establish resolutioi~ not inconsistent with the laws of the state of Idaho as may be 50-
expedient, in addition to the special powers therein granted, to maintain the peace, good
government .and welfare of the corporation and its trade, commerce and industry; and
WHEREAS, the Mayor and Council have deemed it expedient and in the best
interests of the City of Meridian to establish and enter into an Intergovernmental Agreement For
Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No. 581)
Idaho Code Section 50-2906 between Ada County and the City of Meridian.
NOW, THEREFORE, BE IT .RESOLVED BY THE MAYOR ANI} CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows:
SECTION 1. Pursuant to Idaho Code §50-301 et seq., the Mayor and City Council
hereby adopt the Intergovernmental Agreement For Roles and Responsibilities Under Chapter
162, Idaho Session Laws 2000 (House Bill No. 581) Idaho Code Section 50-2906 between Ada
County and the City of Meridian, a copy of which is attached hereto and by this reference
incorporated herein. A copy of this Resolution and the' attached Intergovernmental Agreement
For Roles and Responsibilities Under Chapter 162, Idaho Session Laws 2000 (House Bill No.
581) Idaho Code Section 50-2906 between Ada County and the City of Meridian shall be held on
file in the office of the Ci~~~ Clerk.
CERTIFICATE OF CLERK
PAGE 1 OF 2
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SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect
when the Agreement has been adopted by Ada County, Idaho by Ordinance as required bylaw.
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William G. Berg, Jr. =' $~+;~L =
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STATE OF IDAHO, ) '%~~~ C'a~ ~T.I ~~P~~~~~
County of Ada. )
On this ~~day of 2003, before me, ~~, ~.A j) ~ der/,,~
a Notary Public, appeared WILLIAM G. BERG. JR.,
known or identified to me, respectively, 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.
•~ OVER ~-
SEAL) ~~.~ ~ lf.~.
'r~1~ ,~ AA Y Notary Public or Idaho
t ~~ ~ ~ Residence:
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03.doc
CERTIFICATE OF CLERK PAGE 2 OF 2
Ada County Highway District Ada County EMS Joint Meridian School District
317 East 37"' Street 5870 Glenwood Attention Wendell Bigham
Boise, Idaho 83714 Garden City, Idaho 83714 911 Meridian St.
Meridian, Idaho 83642
Meridian Library
1326 West Cherry Lane
Meridian, Idaho 83642
Western Ada Recreation District
P.O. Box 566
Meridian, Idaho 83680
Mr. Ryan Armbruster, Esq.
Elam & Burke
702 W. Idaho Street
Boise, Idaho 83702
Ada County Assessor Idaho State Tax Commission Ada County Auditor's Office
Attention Becky Rose 800 Park Boulevard 700 West State Street
200 W. Front Street Boise, ID 83702 Boise, ID 83702
Boise, ID 83702
MAYOR
Robert D. Come
CITY COUNCIL MEMBERS
Tammy deWeerd
William L. M. Nary
Cherie McCandless
Keith Bird
December 20, 2002
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(:ITY OF 1~'t'i37 .
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IDAHO / j
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Re: Meridian Revitalization Plan
Dear Taxing Entities:
LEGAL DEPARTMENT
(208) 288-2499 •Fax 288-201
PARKS & RECREATION
(208 888-3579 •Fax 398-501
PUBLIC WORKS
(208) 898-5500 •Fax 887-1297
BUILDING DEPARTMENT
(208)887-2211 •Fax 887-1297
PLANNING AND ZONING
(208) 884-5533 •Fax 888-6854
Enclosed please find a copy of Ordinance No. 02-987 approved by the City of
Meridian Council on December 3, 2002. Publication of the ordinance summary
occurred on December 9, 2002. You are being provided a copy of the Ordinance
and its attachments, including by way of exhibit the Meridian Revitalization Plan and
its attachments. As set forth in the Idaho Code Section 50-2907, you are also being
provided a copy of the legal description of the revenue allocation area and a copy of
the map indicating the revenue allocation area. There were no substantive changes
to the Meridian Revitalization Plan from the copy transmitted to you on September 4,
2002.
Copies of the entire Meridian Revitalization Plan and its attachments can be obtained
from Steve Siddoway, Meridian Planning & Zoning Department, 660 East Watertower
Lane, Suite 202, Meridian, Idaho 83642. Copies of the agreement between Ada
County and the City relating to certain properties outside the current boundaries of
the City, and the ordinance approving the agreement will be provided to you at a later
date.
Sincerely,
sh,~~~~.
Sharon Smith
Deputy City Clerk
Enc.
cc: Jim Johnson
Ryan Armbruster, Esquire
City Attorney
City Planner
33 EAST IDAHO • MERIDIAN, IDAHO 83642
(208) 888-4433 •Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 288- l 193
MAYOR
Robert D. Cowie
CITY COUNCIL MEMBERS
Tammy deWeerd
William L. M. Nary
Cherie McCandless
Keith Bird
~ q+ •
(:ITY OF ~,~.;l~l~ ,
~;.~.. _
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~~
IDAHO I~
y ~%
~'c
F
~ Y
SINCE
i 1903
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PARKS & RECREATION
(208 888-3579 • Fax 898-5501
PUBLIC WORKS
(208)898-5500•Fax 887-1297
BUILDING DEPARTMENT
(208) 887-221 l • Fax 887-1297
PLANNING AND ZOMNG
(208) 884-5533 • Fax 888-6851
December 20, 2002
Re: Meridian Revitalization Plan
State Auditor, State Tax Commission, Ada .County Assessor:
As provided for under Idaho Code Sections 50-2907 and 63-215, you are being
provided copies of the following documents:
Meridian Ordinance No. 02-987 and Summary of Ordinance approving
the Meridian Revitalization Plan, which plan contains a revenue
allocation area. The City Council approved the Ordinance at its
meeting of December 3, 2002. Publication of the Ordinance occurred
on December 9, 2002.
2. A legal description of the Meridian Revitalization Plan Area and
Revenue Allocation Area, which areas are coterminous.
3. A map showing the boundaries of the urban renewal area and revenue
allocation area.
Please file these documents in your official records. Copies of the entire Meridian
Revitalization Plan and its attachments can be obtained from Steve Siddoway,
Meridian Planning & Zoning Department, 660 East Watertower Lane, Meridian, Idaho
83642. Copies of the agreement between Ada County and the City relating to certain
properties outside the current boundaries of the City, and the ordinance approving
the agreement will be provided to you at a later date.
Sincerely,
~h~~~~
Sharon Smith
Deputy City Clerk
Enc.
cc: Jim Johnson
Ryan Armbruster, Esquire
City Attorney
City Planner
33 EAST IDAHO. • MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208) 288-1193
~.
Ada County Highway District
317 East 37th Street
Boise, Idaho 83714
Meridian Library
1326 West Cherry Lane
Meridian, Idaho 83642
Ada County EMS
5870 Glenwood
Garden City, Idaho
Joint Meridian School District
Attention Wendell Bigham
83714 911 Meridian St.
Meridian, Idaho 83642
Western Ada Recreation District
P.O. Box 566
Meridian, Idaho 83680
Mr. Ryan Armbruster, Esq.
Elam & Burke
702 W. Idaho Street
Boise, Idaho 83702
Ada County Assessor Idaho State Tax Commission Ada County Auditor's Office
Attention Becky Rose 800 Park Boulevard 700 West State Street
200 W. Front Street Boise, ID 83702 Boise, ID 83702
Boise, ID 83702
Sharon Smith
From: Judy Marlow [JUDY(c~elamburke.com]
Sent: Wednesday, May 14, 2003 4:39 PM
To: smiths@meridiancity.org
Subject: RE: May 14, 2003 Transmittal Letters / Intergov Agreement
Oops: His mailing address is Tehodore Argyle, Prosecuting Attorney's Office, 200 West
Front Street, 3rd Floor, Room 3191, Boise, Idaho 83702.
Confidentiality Notice: This a-mail message may contain confidential and privileged
information exempt from disclosure under applicable law. If you have received this
message by mistake, please notify us immediately by replying to this message or
telephoning us, and do not review, disclose, copy, or distribute it. Thank you.
Phone:' (208) 343-5454
E-Mail to: jmarlow@elamburke.com
»> "Sharon Smith" <smiths@meridiancity.org> 05/14/03 04:31PM »>
Do you have an email or mailing address handy for Ted Argyle? Please
let me know -- I am headed out the door soon. Thanks!!
Sharon
> -----Original Message-----
> From: Sharon Smith
> Sent: Wednesday, May 14, 2003 3:55 PM
> To: Steve Siddoway (E-mail); Ryan Armbruster (E-mail); Judy Marlow
> (E-mail)
> Subject: May 14, 2003 Transmittal Letters / Intergov Agreement
> « File: May 14, 2003 Transmittal Lttrs.TIF »
> These are outgoing today. Copy for your files -- Thank you!
> Sharon Smith
> Meridian City Clerks Office
> Ph. 888-4433 ext 210
1
Sharon Smith
From: Judy Marlow [JUDY~elamburke.com]
Sent: Wednesday, August 28, 2002 2:12 PM
To: smiths~meridiancity.ong
Subject: RE: Plan packet to taxing entities
Sharon: Ryan asked me to remind you that when the packet goes to the taxing entities it
needs to include the plan, with all attachments, and the signed Agency resolution.
Thanks
Judy
Confidentiality Notice: This e-mail message may contain confidential and privileged
information exempt from disclosure under applicable law. If you have received this
message by mistake, please notify us immediately by replying to this message or
telephoning us, and do not review, disclose, copy, or distribute it. Thank you.
Phone: (208) 343-5454
E-Mail to: jmarlow@elamburke.com
1
r,
the Local Economic Development Act, Chapter 29, Title 5( -'y-C.~.,-
providing you with a copy of the Meridian Revitalization P ~ ~/ ~ h~-~-~ ~ " G~~~,'/~G
Development Corporation on August 21, 2002, pursuant to ~~~~~ ~,Z~ dpi .~'~" ~~~~
copy of which is also enclosed. Under the provisions of the r'''" "'`~
must be held by the City Council prior to final reading of the or finance adopting the Plan. I am
herewith requesting that you schedule the readings and the public hearing before the City
Council in conformance with the city's normal ordinance approval process.
[DATE] $~2G/o Z.
Mr. Robert Corrie
Mayor
CITY OF MERIDIAN ~ Q P
Meridian City Hall
33 East Idaho Avenue - ~ ~G
Meridian, Idaho 83642
~~ C ~~.d-
RE: Proposed Urban Renewal Plan ,q
Dear Mayor Corrie: 11 y1 ~ ~ ~~ ~ ~
~iwl~,v~C'1
In compliance with the Idaho Urban Renewal Law c
I have also requested that the City Clerk publish notice of the public hearing, and transmit
the proposed Plan and Agency resolution adopting the Plan to the governing bodies of each
taxing district affected by the revenue allocation financing provisions contained in the Plan.
These taxing entities will have received the referenced information no later than at least 30 days
prior to the proposed hearing date as required by the statute, and publication of the notice in the
Valley Times no later than 30 days prior to the public hearing date.
The Plan must also be reviewed by the Planning & Zoning Commission within this same
time frame. The Commission will need to make a finding concerning compliance with the City's
Comprehensive Plan. I understand the Commission has scheduled a meeting for August 29,
2002, to consider this Plan.
Thank you for your cooperation in this matter. If you have any questions please do not
hesitate to contact me.
Very truly yours,
MERIDIAN DEVELOPMENT CORPORATION
Chairman,
cc: Ryan P. Armbruster, Esquire
(Mmidan/MayodPlan)
RESOLUTION OF THE MERIDIAN PLANNING AND ZONING COMMISSION
RELATING TO THE MERIDIAN REVITALIZATION
PLAN FOR THE CITY OF MERIDIAN
WHEREAS, the Meridian Development Corporation, the duly constituted and authorized
urban renewal agency of the City of Meridian, Idaho (hereinafter "MDC"), has submitted a
proposed Urban Renewal Plan entitled "Meridian Revitalization Plan" (the "Plan") to the City of
Meridian and the City Council, and the Mayor has referred the Plan to the Meridian Planning and
Zoning Commission for review and recommendations concerning the conformity of said Plan
with the Comprehensive Plan known as the Comprehensive Plan of the City of Meridian;
WHEREAS, the members of the Meridian Planning and Zonir^ Commission have
reviewed said Plan and has determined that it is in all respects ~- nity with the
Comprehensive Plan;
WHEREAS, the Meridian Planing ar
2002, to consider the Plan;
WHEREAS, the Merida
view of the Comprehensive Plai.
NOW, THEREFORE, BE ,
COMMISSION OF THE CITY OF
~~
w
~~E~
c
~1~
N
~4
°d said Plan in
~ ~~~
Section 1. That the Plan, st
the Mayor for review, is in all respects >.
Section 2. That the City Clerk
Meridian City Council with a certified copy
Section 3. That this Resolution shy
adoption and approval.
~~rce and effect immediately upon its
PASSED by the Planning and Zoning Commission of the City of Meridian, Idaho, this
day of
Chairman, Planning and Zoning Commission
Will Berg, City Clerk
2002.
C~`~ ~ ~
y ~ ~~~ ~~~~ ~~~a
r ~ r~
v1NG
ssion by
'an.
~WS
J ., provide the
J ~~ said Plan.
(Meridum~rsolufis-P&Z resolution)
ELAM & BURKE
A Professional Association
ATTORNEYS AT LAW
Established in /928
251 EAST FRONT STREET TELEPHONE
SUITE 300 208-343-5454
POST OFFICE BOX 1539
BOISE, IDAHO 83701 FACSIMILE
RYAN P. ARMBRUSTER 208-384-5844
E-MAIL
rpa@elamburke.com
August 23, 2002
Mr. Steve Siddoway
City Planner
MERIDIAN PLANNING & ZONING
660 East Watertower Lane, Suite 202
Meridian, Idaho 83642
1tE: Meridian Development Corporation
Taxing Entity Letters
Dear Steve:
I have enclosed some form letters that are ready to go. Jim Johnson should sign the cover
letters to the Mayor and City Clerk. Once the City has decided how it is going to handle the
reading of the ordinance and the public hearing (I understand you will broach the subject to them
at the next Council meeting), we can then final the letters to the taxing entities, ACHD and the
publication notice.
Very truly yours,
EL CE
A Professio al ciation
yan P. Armbruster
IZPA:jm
Enclosures
Hand Delivery
[DATE]
LETTER TO TAXING ENTITIES
Enclosed is a copy of a formal notice that has been published in the Valley Times on
2002, advising that the Meridian City Council will hold a public
hearing in the City Council Chambers, 33 East Idaho Avenue, Meridian, Idaho, 83642, on
2002, at p.m., to consider the Meridian
Revitalization Plan ("the Plan"), of the Meridian Development Corporation. At that time the
City Council will consider an ordinance adopting the Plan.
This letter also serves as notice to you, incompliance with Idaho Code Section 50-2906,
that the Plan contains a revenue allocation provision and the Meridian Development Corporation
("MDC") recommends approval of the Plan.
A copy of the Plan and Resolution adopted by the MDC are enclosed. As required by
Idaho Code Section 50-2905, the Plan contains a statement listing (1) the kind, number, and
location of all proposed public works improvements within the revenue allocation area; (2) an
economic feasibility study; (3) a detailed list of estimated project costs; (4) a fiscal impact
statement showing the impact of the revenue allocation area, both until and after the bonds are
repaid, upon all taxing districts levying taxes upon property on the revenue allocation area; and
(5) a description of the methods of financing all estimated project costs and the time when related
costs or monetary obligations are to be incurred. You are encouraged to provide your comments,
either in writing or at the public hearing.
In the event you would like to schedule a meeting to discuss the Plan, representatives of
the City and/or the MDC will make themselves available to explain the Plan.
Sincerely,
Mayor Robert Come
Will Berg, City Clerk
Enclosures
s "
1. Ada County Board of County Commissioners
2. Ada County Highway District
3. Emergency Medical Services
4. Joint School area no. 2
5. Meridian Cemetery
6. Meridian City
7. Meridian Library
8. Mosquito Abatement
9. Western Ada Recreation
10. Mayor for City of Meridian
(Meridian/Tax-enry-pln)
[DATE]
ADA COUNTY HIGHWAY DISTRICT
318 East 37th Street
Boise, Idaho 83714
RE: Meridian Revitalization Plan
Gentlemen:
Enclosed is a copy of a formal notice that will be published in Valley Times on
2002, advising that the Meridian City Council will
hold a public hearing in the City Council Chambers, 33 East Idaho Avenue, Meridian, Idaho, on
2002, at _.m., to consider the Meridian
Revitalization Plan ("Plan") of the Meridian Development Corporation. At that time the City
Council will consider an ordinance adopting the Plan.
This letter also serves as notice to you, in compliance with Idaho Code Section 50-2906,
that the Plan contains a revenue allocation provision and the Meridian Redevelopment
Corporation recommends approval of the Plan. This letter also serves as formal submission of
the Plan for your review and comment under Idaho Code Section 40-1415(3). Please provide
your written comments within thirty (30) days.
A copy of the Plan is enclosed. The Meridian Development Corporation Board
recommended approval of the Plan by adopting its Resolution No. MDC 02-0006 on August 21,
2002. A copy of Resolution No. MDC 02-0006 is also enclosed. As required by Idaho Code
Section 50-2905, the Plan contains a statement listing (1) the kind, number, and location of all
proposed public works improvements within the revenue allocation area; (2) an economic
feasibility study; (3) a detailed list of estimated project costs; (4) a fiscal impact statement
showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon
all taxing districts levying taxes upon property on the revenue allocation area; and (5) a
description of the methods of financing all estimated project costs and the time when related
costs or monetary obligations are to be incurred. You are also encouraged to attend the public
hearing.
In the event you would like to schedule a meeting to discuss the Plan, representatives of
the City and/or the Meridian Development Corporation will make themselves available to
explain the Plan.
Sincerely,
Mayor Robert Corrie
Will Berg, City Clerk
Enclosures
Page 1 of 3
Sharon Smith
From: Steve Siddoway [siddowas@a.meridian.id.us]
Seat: Thursday, September 05, 2002 5:14 PM
To: 'Jim Johnson (E-maiQ ; cbowman~compassidaho.org; cjonesr~fmsb.com; lorij~invresources.com;
linrupe2~aol.com; 'Stacy Kik:henmann ;Tammy deWeeni (E-maiq ; 'Keith Bird (E-main ;
bencorpllc~cs.com; ronbow357~aol.com; smithpark~aol.com; rallison~mindspring.com; Teri
Backman (E-rrrai~ ; Ma~olm MacCoy;'Ryan P. Armbn~ster", craig.slocum~CSHQA.com; WII Berg;
'Sharon Smith ;Sam Burbank
Cc: Mayor Corrie; 'McKibben + Cooper; W. David Eberle; 'Brad Hawkins-Clark ;Dave MclGnnon; Sonya
Subject: MDC Update 9/5/02
MDC Board b Friends,
Following is an update of the recent activities and upcoming events of the MDC.
Budget: The MDC budget hearing was held on August 14 and was approved with amendments. Those
amendments were then removed and the budget was ratified ns the original published budget during
the August 21 meeting.
2. Meridion Revitalization Plan: The urban renewal plan has been completed and has been named the
"Meridian Revitalization Plan'. Several events related to the plan were recently completed or are
underway:
A. MDC Adoption: The Plnn was reviewed by the MDC board and adopted with a few
modifications nt the August 21 meeting.
B. Copy Distribution: The modifications (above) were made and the revised plan was formally
submitted to the Ma)ror for the City's review. The Clerk's office distributed copies of the
plan to the City Council and PdeZ Commission.
C. PdZ Findirm: The PdZ Commission reviewed the Pbn in light of the recently adopted
Comprehensive Plan, as required by State Code, on August 29. Jim Johnson and I made a
presentation to the Commission relafing the Meridian Revitalization Plan to the goals of the
Comp Plan. The Commission then made the required finding that Revitalization Plan is in
compliance with the Comp PIS, with the following edits/additions:
Table of Contents, page i, section 103: Add a missing "n', changing 'ad' to 'and'
Page 15, Section 309.1.8.h: delete entire paragraph. It is redundant of paragraph
k.
Create an Executive Summary that shall accompany the plan to Council for the
public hearing(s).
The Commission is forwarding n signed Recommendation to City Council.
9!10/2002
Page 2 of 3
D. Letters to Taxing Entities: Ryan Armbruster has prepared form letters to send to the various
taxing entities, as required by State Code. The Clerk's office is sending the letters out this
week, notifying them of the upcoming meeting dates, and accompanied by n copy of the
Revitalization Plan.
E. Upcoming Hearing Dates: There are two important dates to murk on your calendars:
September 17, 6:00 PM: Pre-Council Workshop
October 8, 7:00 PM: Public Hearing
The Meridian Revitalization Plnn has been scheduled for nPre-Council Workshop on 9/17 for
the MDC to present the plan to the Council members in an informal setting, allowing for
discussion, and bringing them 'up to speed' on the plan in preparation for the public hearing
set for 10/8. The taxing entities will also be invited to attend the. workshop. Legal notice
was sent #o the newspaper last week to publicize the public hearing per State Code.
Eligibility Report: Sherry McKibben and I made a presentation to City Council on August 27 about
the Eligibility Report, ns adopted by the MDC Board on June 19. The Council adopted the Eligibility
Report as presented, and in doing so, officially changed the boundary of the Urban Renewal Aren as
proposed in the report (switching Corporate Park for the area west of Meridian Road, around
Waltman Lane, and including the full boundary of the Old Town area.)
4. Locust Grove Overpass/Railroad Property Acquisition: MDC held n special meeting with
representatives from Senator Craig and Representative Otter's offices to discuss the above topics.
Tommy de Weerd has already sent out a detailed summary of the meeting, so I'll be brief. The short
version is that we are exploring the viability of getting discretionary funding through the
Appropriations Committee to help speed the Locust Grove Overpass; we are also trying to secure our
delegations' support in approaching the railroad regarding acquisition of the railroad property in Old
Town (Note: an Act of Congress transferring ownership to the City does not appear likely at this
juncture). There is another meeting on the overpass issue scheduled for September 12.
5. Loose Ends: I can think of two items (though there may be more) that need to be resolved soon:
A. Ada County Approval: Since a portion of our Urban Renewal Aren includes property currently
under Adn County jurisdiction, we still need to secure approval from the Ada County
Commissioners. We need to get direction from Ryan Armbruster on this issue in order to
proceed.
B. Tax Commission: Clair Bowman has agreed to discuss with representatives of the Tax
Commission their requirements for submittal and approval of the urban renewal area.. If they
will accept a GIS coverage, Compass can provide us with that data. Tf they require a meets
and bounds legal description, MDC will need to hire n licensed. surveyor to prepare the legal
description.
6. Next MDC Meeting: Our next regular board meeting is scheduled for next Wednesday, September
11 nt 7:30 AM nt City Hnll.
9/10/2002
Page 3 of 3
7. Schedule: The good news is that we are still on schedule to have the plan ndopted and finalized by
the end of the year, ns planned. The key will be to keep the Plan from getting bogged down during
the public hearings process. If we can get the plan adopted by the City Council by early November,
we should be able to stay on track.
See you next week at the meeting.
Steve
FROM THE DESK OF...
Steve Siddoway
Meridian Planning & Zoning
660 E. Watedower Lane, Suite 202
Meridian, ID 83642
phone: (208) 884-5533
fax: (208) 888-6854
email: siddowas~a,meridiancity.org
9/10/2002
Page 1 of 1
Sharon Smith
From: Steve Siddoway [siddowas~a.meridian.id.us]
Sent: Monday, September 09, 2002 4:32 PM
To: 'Sharon Smith'
Subject: FW: (no subject)
Sharon,
Would you follow up on this issue of missing pages in the copies of the MDC Plan? It appears to have copied
only the even pages at the start of the document. If all the copies that were sent out are like this, we should send
out an addendum with the missing pages. Please let me know.
Steve
----Original Mme----
Fwm: Itfbb~aol.com [mailto:Itfbb@aol.com]
Sent: Monday, Sepbetnber 09, 2002 2:17 PM
To: siddowas@ci.meridian.id.us
Subject: (no subject)
Steve,
I received my copy of the plan at the clerk's office, but the copy has several missing pages. Have you the ability to
e-mail the plan yet? If not, can I pick up a copy of the following pages: iii; 1;3;5;7and page 9. As these pages
include references to those issues I was concerned over, it would be greatly helpful to me.
Thanks,
Sam
9/9/2002
Ada County Highway District
317 East 37th Street
Boise, Idaho 83714
Emergency Medical Services
5870 Glenwood
Garden City, Idaho 83714
Joint Meridian School District
Attn: Wendel Bigham
811 Meridian St.
Meridian, ID 83642
Meridian Library
1326 W. Cherry Lane
Meridian, Idaho 83642
Mr. Ryan Armbruster, Esq.
Elam & Burke, PA
702 W. Idaho Street
Boise, Idaho 83702
wr
Mosquito Abatement District
6846 W. Highway 52~ nurdd~~
Emmett, Idaho 8361
22goS. l~ho~
~~ - &3'10
Jim Johnson
Meridian Development Corp.
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200 W. Front Street
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895 E. Franklin Road
Meridian, Idaho 83642
Western Ada Recreation District
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~~
To: Steve Siddoway
Meridian Planning and Zoning
660 E. Watertower Lane, Suite 202
Meridian, Idaho 83642
Fax Number: 888-6854
PLEASE NOTIFY US IMMEDIATELY
AT (208) 342-0091 IF THERE ARE ANY
PROBLEMS RECEIVING THIS TRANSMISSION
~ ^^ Quadrant
Consulting, Inc.
Date: November 22, 2002
Project Name: Meridian Urban renewal
We Are Sending
Attached
Facsimile
7 Number of Pages
Other
These Are Transmitted:
X For Your Info/File
As Requested
For Review and Comment
Other
To:
.,,..
f .. ... ~ ~' ..'. .
~~~ ~ ~
City Of Meridian
City Clerk Office
COPIES ~ DESCRIPTION
5 URBAN RENEWAL BOUNDARY DESCRIPTION
1 MAP OF ABOVE
Comments
Steve
Please call if you have any questions.
~,ro
Page 1 of 2
E~EIVEI~
Sharon Smith DEC 1 3:2002
From: Steve Siddoway [siddowas~a.meridian.id.us]
Sent: Friday, December 13, 2002 1:29 PM
City Of Meridian.
City Clerk Office
To: 'Jim Johnson (E-maid'; cbowman~compassidaho.org; cjones~fmsb.com; lorij(~invresources.com;
linrupe2@aol.com; 'Stacy Kilchenmann'; 'Tammy deWeerd (E-maiq ; 'Keith Bird (E-maid ;
bencorpllc~cs.com; ronbow357~aol.com; smithpark@aol.com; rallison@mindspring.com; 'Teri
Backman (E-maiq ;Malcolm MacCoy; 'Ryan P. Armbruster ; craig.slocum~CSHQA.com; Will Berg;
'Sharon Smith ;Sam Burbank
Cc: Mayor Corrie; 'McKibben + Cooper; David Eberle; 'Brad Hawkins-Clark ;Dave McKinnon; Sonya;
'Will Berg ; 'Sharon Smith ;Bill Nichols
Subject: RE: MDC Update 12/13/02
MDC Board & Friends,
Following is an update of the recent activities, upcoming events, and a draft list of stakeholders for the
design standards presentation.
1. Legal Description: The `metes and bounds' legal description for the urban renewal area was
completed by Quadrant Consulting, Inc. on Friday, Nov. 22. On the following Monday, the legal
was checked by the Public Works Dept. for State Code closure requirements and forwarded to
the City Attorney for inclusion in the Ordinance adopting the Revitalization Plan. I also forwarded
an email copy of the legal description to the Tax Commission so they could begin their review.
2. Ordinance adoPtina the Meridian Revitalization Plan: The ordinance was scheduled for the City
Council hearing the following week, and was approved on December 3.
3. Recording the Ordinance: The Ordinance should be recorded by the City Clerk at the County
Recorder's office today.
4. Letters to Taxing Entities: A copy of the final ordinance, legal description, and other
attachments will be mailed to all taxing entities on Monday next week, per State Code, as soon as
we have a copy of the recorded Ordinance.
5. Intergovernmental/Transfer of Powers Agreement: Ryan Armbruster is coordinating between
Bill Nichols and the County attorney to formalize the agreement regarding the County properly
within the urban renewal area.
6. Tax Commission Approval: Here's the GREAT NEWS! I have received a message from the
Tax Commission that they have just accepted/approved our urban renewal boundary and we
should be receiving an official letter shortly.
Schedule: What all this means, in short, is that WE MET OUR GOAL AND GOT THE PLAN
ADOPTED BEFORE THE END OF THE YEAR. In January of this year, we set out an incredibly
ambitious schedule, including visioning workshops, an Eligibility Report, an Economic Feasibility
Report, preparation of the Meridian Revitalization Plan, hearings with the P&Z Commission and
City Council, etc. Thanks to a committed board, some good consultants, a lot of work and little
luck, we made it on schedule. As a result, our tax increment financing should become retroactive
to January, 2002 and MDC should receive its first tax revenues next year.
Next Year: With the major hurdle of preparing and adopting the plan behind us, the real work
will now begin. What the board chooses to focus on next will be largely up to the board
members. Some possibilities include:
Design Standards for the urban renewal area
12/13/2002
Page 2 of 2
• Railroad right-of--way acquisition
• A Parking Study of downtown
• A study of the adequacy of existing pubic infrastructure (water, sewer, etc.) to handle large-
scale redevelopment
• The new City Hall
• The facade improvement grant/loan program policies
• Rent office space for the MDC to give the agency a presence downtown
• Hire a new director to implement the plan
9. Next Board Meetins~: The Next Board meeting to discuss next steps will be held on January 8,
7:30 AM at City Hall.
10. Design Standards: As you know, the Planning & Zoning Dept. has hired Sherry McKibben as a
consultant to prepare the Design Standards for Old Town. A steering committee consisting of
three planners from the P&Z Dept-Brad Hawkins-Clark, Dave McKinnon, and I-Craig Slocum,
architect and MDC Board member, and Malcolm MacCoy have been meeting regularly with
Sherry over the past few months to draft design standards for the core area. Those draft
standards were briefly presented to the board at the November meeting and a desire was
expressed by the board to receive feedback from developers and other interested stakeholders
on the draft standards.
To that end, I am preparing a list of potential partiapants, including:
• Developers (3-5)
• Real estate agents/brokers (2-3)
• Local Merchants (3-5)
• Historical Societies/Commission (3-5)
• Key Property owners, i.e. Creamery
• Citizen activists (2-3)
• CCDC Planners (1-2)
• Boise property owners (1-2)
The above list represents approximately 15 to 25+ potential participants. If anyone can think of
another group that I have inadvertently omitted, please let me know. Also, I am compiling a list of
possible names to represent many of the above stakeholder groups. If any of you have specific
ideas, please let me know. I am trying to finalize the participant list next week.
FROM THE DESK OF
Steve Siddoway
Meridian Planning & Zoning
660 E. Wateitower Lane, Suite 202
Meridian, ID 83642
phone: (208) 884-5533
fax: (208) 888-6854
email siddowas(c~meridiancity.org
12/13/2002
4' _ _
~' * * * !'''~. - ~ .~; ~ COMMISSIONERS
~" ~`~~ ~ OFFICE
. r7 ADA COUNT ~ ~ ' ~~'.~ 200 W. Front Street, 3rd Floor
Boise, Idaho 8370
J IW~ ~:i
~~ ~ F~rihe ~^ ~ 1 ._~*~-~ (208) 287-70(.)0
~[Y
, TF _ -- ,vPy CITY' ~ _ ~
,oFy,,,,~ -~.__,;_.~v Fax ~zos) za7-loop
Sharon M. Ullman Roger D. Simmons Grant P. Kingsford
Commissioner, First District Commissioner, Second District Commissioner, Third District
Sharon@adaweb.net rsimmons@adaweb.net gkingsford@adaweb.net
October 22, 2002
Mayor Robert Corrie
33 East Idaho
Meridian, Idaho 83642
RE: Meridian Revitalization Plan
Dear Mayor Corrie:
RECEIVED
OCi 3 1 201
City Of Meridian
City Clerk Office
We are in receipt of your September 23, 2002, letter wherein your Chairman of Meridian
Development Corporation, Jim Johnson, requests; "the County's consent to the inclusion of the
property outlined in the letter within the boundaries of the Plan and the jurisdiction of the city of
Meridian Development Corporation over this property for urban renewal purposes. We also
request that the Prosecuting Attorney's office be directed to work with Mr. Armbruster to draft
the appropriate agreement or other documents which may be necessary."
We have approved your request in an open business meeting of the Ada County Commissioners
on October 22, 2002, at 9:00 a.m.
Sincere ,
G.P. Kin sford, irman
OPPD sEO -.~'}'j17.~.
M. Ullman, Commissioner
cc: Jim Johnson, Chair of Meridian Development Corp.
Ted Argyle, Ada County Chief Civil Deputy w/original request ltr
Jeff Patlovich, Director, Ada County Development Services
z:\corr 2002\meridian revitalization plan approval Itr.doc
r
~'~
May 7, 2003
--.:~~
,~~
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A Pioneer Company
PIONEER TITLE COMPANY
_ OF ADA COUNTY
703 S. Americana, Suite 190 /Boise, Idaho 83702 / (208) 373-3744
Attn: Robert D. Corrie, Mayor
City of Meridian, a municipal corporation
33 East Idaho
Meridian, ID 83642
Re: Escrow No.: 226431
Seller: Farmers and Merchants State Bank
Buyer: City of Meridian, a municipal corporation
Property:
~.~ ~" ,~,v ¢R
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RECEIVED
MAY - 9 2003
City of Meridian
City Clerk Office
The closing of your purchase of the above-noted property has now been completed. Enclosed for your records are
your original Warranty Deed and Title Insurance Policy.
We appreciate having had this opportunity to be of service to you. If you have questions or if we can help you again,
please feel free to contact us.
Sincerely,
TITLE COMPANY OF ADA COUNTY
J et Blosch
crow Officer
Enclosures
JB:dmt
~ i" * SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
* is >~ BAND THE CONDITIONS AND STIPULATIONS,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the
insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions
and Stipulations.
IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly
authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including, but not limited to, building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter
erected on the land; (iii- a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results
from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
Issued through the Office of.' OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
I612J371-1111
gy President
uthonzed Signatory
Attest ~ ~ ~~ Secretary
ORT Form 402 - ALTA Owner's Policy 10-17-92 ~l-~~`_•~_~~
CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law as
distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate or
fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(tl) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which bylaw constitute real property. The term
"land" does not include any property beyond the lines of the area described or
referred to in Schedule A, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of access to and from the
land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
(f) "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge. With respect to
Section 1(a-(iv) of the Exclusions from Coverage, "public records" shall also
include environmental protection liens filed in the records of the clerk of the
United States District Court for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter
affecting the title to the land, not excluded or excepted from coverage, which
would entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual condition
requiring the delivery of marketable title.
2. Continuation of Insurance After Conveyance of Title.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in
the land, or holds an indebtedness secured by a purchase money mortgage
given by a purchaser from the insured, or only so long as the insured shall have
liability by reason of covenants of warranty made by the insured in any transfer
or conveyance of the estate or interest. This policy shall not continue in force in
favor of any purchaser from the insured of either (i) an estate or interest in the
land, or (ii) an indebtedness secured by a purchase money mortgage given to
the insured.
3. Notice of Claim to be Given by Insured Claimant.
The insured shalt notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall-come to
an insured hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as insured, and which might cause loss or damage
for which the Company may be liable by virtue of this policy, or (iii) if title to the
estate or interest, as insured, is rejected as unmarketable. If prompt notice shall
not be given to the Company, then as to the insured all liability of the Company
shall terminate with regard to the matter or matters for which prompt notice is
required; provided, however, that failure to notify the Company shall in no case
prejudice the rights of any insured under this policy unless the Company shall
be prejudiced by the failure and then only to the extent of the prejudice.
4. Defense and Prosecution of Actions; Duty of Insured Claimant to
Cooperate.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company, at its
own cost and without unreasonable delay, shall provide for the defense of an
insured in litigation in which any third party asserts a claim adverse to the title
or interest as insured, but only as to those stated causes of action alleging a
defect, lien or encumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the right
of the insured to object for reasonable cause) to represent the insured as to
those stated causes of action and shall not be liable for and will not pay the
fees of any other counsel. The Company will not pay any fees, costs or
expenses incurred by the insured in the defense of those causes of action which
allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion
may be necessary or desirable to establish the title to the estate or interest, as
insured, or to prevent or reduce loss or damage to the insured. The Company
may take any appropriate action under the terms of this policy, whether or not it
shall be liable hereunder, and shall not thereby concede liability or waive any
provision of this policy. If the Company shall exercise its rights under this
paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent
jurisdiction and expressly reserves the right, in its sole discretion, to appeal
from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the insured
shall secure to the Company the right to so prosecute or provide defense in
the action or proceeding, and all appeals therein, and permit the Company tc
use, at its option, the name of the insured for this purpose. Whenever
requested by the Company, the insured, at the Company's expense, shall give
the Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act which in
the opinion of the Company may be necessary or desirable to establish the
title to the estate or interest as insured. If the Company is prejudiced by the
failure of the insured to furnish the required cooperation, the Company's
obligations to the insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation, with
regard to the matter or matters requiring such cooperation.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall ascertain the facts
giving rise to the loss or damage. The proof of lass or damage shall describe the
defect in, or lien or encumbrance on the title, or other matter insured against by
this policy which constitutes the basis of loss or damage and shall state, to the
extent possible, the basis of calculating the amount of the loss or damage. If
the Company is prejudiced by the failure of the insured claimant to provide the
required proof of loss or damage, the Company's obligations to the insured
under the policy shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter or matters
requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized„representative of the Company and
shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized representative of the
Company, all records, books, ledgers, checks, correspondence and memoranda,
whether bearing a date before or after Date of Policy, which reasonably pertain
to the lass or damage. Further, if requested by any authorized representative of
the Company, the insured claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all
records, books, ledgers, checks, correspondence and memoranda in the custody
or control of a third party, which reasonably pertain to the loss or damage. All
information designated as confidential by the insured claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of
(Continued on inside back cover.)
(Continued from inside front cover)
the claim. Failure of the insured claimant to submit for examination under oath,
produce other reasonably requested information or grant permission to secure
reasonably necessary information from third parties as required in this paragraph
shall terminate any liability of the Company under this policy as to that claim.
6. Options to Pay or Otherwise Settle Claims; Termination of Liability.
Incase of a claim under this policy, the Company shall have the following
additional options:
la- To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this
policy, together with any costs, attorneys' fees and expenses incurred by the
insured claimant, which were authorized by the Company, up to the time of
payment, or tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the payment
required, shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, and the policy shall be surrendered to the
Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or
With the Insured Claimant.
li- to pay or otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy, together with
any costs, attorneys' fees and expenses incurred by the insured claimant which
were authorized by the Company up to the time of payment and which the
Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys' fees
and expenses incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs Ib-li- or (ii-, the Company's obligations to the insured under this
policy for the claimed foss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prosecute,
or continue any litigation.
7. Determination, Extent of Liability and Coinsurance.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss or
damage by reason of matters insured against by this policy and only to the
extent herein described.
la- The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or
interest as insured and the value of the insured estate or interest subject to the
defect, lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land which
increases the value of the insured estate or interest by at least 20 percent over
the Amount of Insurance stated in Schedule A, then this policy is subject to the
following:
(i) where no subsequent improvement has been made, as to any
partial loss, the Company shall only pay the loss pro rata in the proportion that
the amount of insurance at Date of Policy bears to the total value of the insured
estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any
partial loss, the Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule A bears to the sum
of the Amount of Insurance stated in Schedule A and the amount expended for
the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall only
apply to that portion of any loss which exceeds, in the aggregate, 10 percent of
the Amount of Insurance stated in Schedule A.
` Ic- The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. Apportionment.
If the land described in Schedule A consists of two or more parcels which
are not used as a single site, and a loss is established affecting one or more of
the parcels but not all, the loss shall be computed and settled on a pro rata
basis as if the amount of insurance under this policy was divided pro rata as to
the value on Date of Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy, unless a liability or value
has otherwise been agreed upon as to each parcel by the Company and the
insured at the time of the issuance of this policy and shown by an express
statement or by an endorsement attached to this policy.
9. Limitation of Liability.
la- If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, all as insured, in a reasonably
diligent manner by any method, including litigation and the completion of any
appeals therefrom, it shall have fully performed its obligations with respect to
that matter and shall not be liable for any loss or damage caused thereby.
Ib- In the event of any litigation, including litigation by the Company or
with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals therefrom, adverse to the title as
insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
]0. Reduction of Insurance; Reduction or Termination of Liability.
All payments under this policy, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount of the insurance pro tanto.
11. LiabilityNon-cumulative.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest described or
referred to in Schedule A, and the amount so paid shall be deemed a payment
under this policy to the insured owner.
12. Payment of Loss.
la- No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed, in
which case proof of loss or destruction shall be furnished to the satisfaction of
the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
13. Subrogation Upon Payment or Settlement.
(a) The Company's flight of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by any act
of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
propemf in respect to the claim had this policy not been issued. If requested by
the Company, the insured claimant shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of
subrogation. The insured claimant shall permit the Company to sue, compromise
or settle in the name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
(Continued on back cover. J
(Continued from inside cover.)
remedies in the proportion which the Company's payment bears to the whole
amount of the loss.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be
required to pay only that part of any losses insured against by this policy which
shall exceed the amount, if any, lost to the Company by reason of the
impairment by the insured claimant of the Company's right of subrogation.
Ib) The Company's Rights Against Non-insured Obligors
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds, notwithstanding
any terms or conditions contained in those instruments which provide for
subrogation rights by reason of this policy.
14. Arbitration.
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the insured
arising out of or relating to this policy, any service of the Company in connection
with its issuance or the breach of a policy provision or other obligation. All
arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be
arbitrated at the option of either the Company or the insured. All arbitrable
matters when the Amount of Insurance is in excess of $1,000,000 shall be
arbitrated only when agreed to by both the Company and the insured.
Arbitration pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the insured, the Rules in
effect at Date of Policy shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which the land is located
permit a court to award attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitratorls) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules. A copy of the Rules may be obtained from the
Company upon request.
15. Liability Limited to this Policy,• Policy Entire Contract.
la) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and the
Company. In interpreting any provision of this policy, this policy shall be
construed as a whole.
Ib) Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest covered
hereby or by any action asserting such claim, shall be restricted to this policy.
Ic- No amendment of or endorsement to this policy can be made except
by a writing endorsed hereon or attached hereto signed by either the President,
a Vice President, the Secretary, an Assistant Secretary, or Validating Officer or
Authorized Signatory of the Company.
16. Severability.
In the event any provision of the policy is held invalid or unenforceable
under the applicable law, the policy shall be deemed not to include that
provision and all other provisions shall remain in full force and effect.
17. Notices, Where Sent.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy
and shall be addressed to its Home Office: 400 Second Avenue South,
Minneapolis, Minnesota 55401,1612) 371-1111.
Agent # State Cty. Prop. Tran Reissue Amt. Re. Tran Simultaneous Issue #
A11006 11 001 1 010
Code Amt. Code Amt. Code Amt. Code Amt. Code Amt.
05100 05100 05100 05100 05100
Old Republic National Title Insurance Company
OWNER'S POLICY
SCHEDULE A
File No.: Policy No.: Date of Policv: Amt. of Insurance: Premium Amt. Total Amt.
226431 SV3729535 March 13, 2003 at $260,000.00 $1,085.00 $1,085.00
4:17 PM
1. Name of Insured:
City of Meridian, a municipal corporation
2. The estate or interest in the land to as covered by the policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
City of Meridian, a municipal. corporation
4. The land herein described is encumbered by the following mortgage or Trust Deed, and assignments:
NONE
5. The land referred to in this policy is described as follows:
Lots 1, 2, 3, 4 and 5 in Block 2 of Amended Plat of Rowan Addition to Meridian, according to the
official plat thereof, filed in Book 2 of Plats at Page 52, official records of Ada County, Idaho.
This Policy is invalid unless the cover sheet and Schedule B are attached.
Schedule A page 1 of 1 page(s)
Old .Republic National Title Insurance Company
OWNER'S POLICY
SCHEDULE B
Exceptions from Coverage
File Number: Date of Policy: Policy Number:
226431 March 13, 2003 at 4:17 PM SV3729535
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees
or expenses) which arise by reason of the following:
General Exceptions:
1. Rights or claims of parties in possession not shown by the public records.
2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or
matters contradictory to any survey plat shown by the public records.
3. Easements, or claims or easements, not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed bylaw and
not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or Acts authorizing the issuance thereof;
(c) water rights, claims to title to water, whether or not the matters excepted under (a), (b), (c) are shown by the
public records.
(1) Taxes or special assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records. Proceedings by a
public agency which may result in taxes or assessments, or notices to such proceedings, whether or
not shown by the records of such agency or by the public records.
Special Exceptions:
1. General taxes for the year 2003, which are liens, are not yet due and payable.
2. Sewerage charges and special assessment powers of the City of Meridian. No special assessments
now show of record.
3. Liens and assessments of the following district and the rights and powers thereof as provided by law.
No delinquencies appear in the county recorder's office.
District: Nampa Meridian Irrigation District (466-7861)
END OF EXCEPTIONS
ALTA Owner's Policy Form B 1987 (Amended 10/17/92)
This Policy is invalid unless the cover sheet and Schedule A are attached.
Schedule B page 1 of 1 page(s)
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52
AMENDED PLAT OF'
R~w~v ,a.»ni~rioiv
MERI DIAN,
IDAHO.
BEING i N SEC.7, T 3 N, R,1 E,
SCALE ZOO FT TO ~ INC-t
.Qlcvey cvty/yfle~tl~tfzrsplotfrsubea.vprepav~lvm~acCucrlisu,veyr<m~rdeJ
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1 DA MC CCN TRAL.. IV
- 226431 JB/HH
JIP.
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,~ Pioneer Company
PIONEER TITLE COMPANY
OF ADA COUNTY
821 W. State St. /Boise, Idaho 83702
(208)373-3744
ADA COUNTY RECORDER J. DAVID NAVARRO 1
BOISE IDAHO 03/13/03 04:f7 PM
DEPUTY Joanne Hooper
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII II I III
Pioneer
aMnu~r :~ nn ~ e~~~ ~ ~~~
CORPORATE WARRANTY DEED
FOR VALUE RECEIVED,
Farmers and Merchants State Bank
a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain,
Sell and Convey unto
City of Meridian, a municipal corporation
whose address is: 33 East Idaho, Meridian, ~~ 83642, grantee, the following described real estate, to-wit:
Lots 1, 2, 3, 4 and 5 in Block 2 of Amended Plat of Rowan Addition to Meridian, according to the official plat
thereof, filed in Book 2 of Plats at Page 52, official records of Ada County, Idaho.
SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision,
restrictions, U.S. patent reservations, easements of record and easements visible upon the said premises.
TO HAVE AND TO HOLD The said premises, with their appurtenances unto the said Grantee, his heirs and
assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in a fee
simple of said premises.; that they are free from all encumbrances and that it will warrant and defend the same from
all lawful claims whatsoever.
IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its
corporate name to be hereunto subscribed by its officers this 26th day of February, 2003.
Farmers an ants State Bank
Sharon Smith
From: Sharon Smith
Sent: Thursday, May 15, 2003 9:31 AM
To: Sharon Smith; Bill Nichols (E-mail); teda~adawreb.net; Steve Siddoway (E-mail); Will Berg
Cc: Marlene St. George (E-maiq
Subject: RE: Transmittal Letters for Intergov. Agreement
Judy Marlow with Armbruster's office just called, indicating that the Agreement was to have had TWO
exhibits, being a map and legal description which were not attached when this agreement was
distributed to this office and others. I will follow up on this Monday and we will have to do a
supplemental letter.
---Original Messages----
From: Sharon Smitl'r
~~ Wednesday, May 14, 2003 4:48 PM
To: Bill NicFrols (Email); 'beda~adawr~.ner
Cc: Marlene St. George (Email)
Tiarumittal Letters for Intergov. Agreement
« File: May 14, 2003 Transmittal Lttrs.TlF »
Copies for your files -- Thanks!!
Sharon Smith
Meridian City Clerks Office
ph. 888-4433 ext 210
l ..
.,
Palley Times
PO Box 1790 Eagle, Idaho 83616
RECEIVEIa
DEC 2 3 2002
City of Meridian
LEGAL ADVERTISING PROOF OF PUBLICATION City Clerk Offier
Account: City of Meridian Identification: Notice & Summary Ordinance No. 02-987
Address: 33 E. Idaho Ave.
Meridian, Idaho 83642
Attention: _ Will Berg
Run Dates: 12/17/02
Number Lines: ~~ _ ~~ Amount: °~/O?' ~~
Other. s~, ,~y
Geneva A. Trent, being duly sworn, deposes
and says: That she is the Principal Clerk of
Palley Times, a weekly newspaper published at
Eagle, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
/ published in said County during a period of
'f'ee' ~a-C'jP~ yp4-CI-2S seventy-eight consecutive weeks prior to the first
I publication of this notice, a copy of which is attached
hereto, and that the notice was published in
Palley Times, in conformity with Section 60-108,
Idaho Code, as amended, for _~_ time(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
supplement; and that said notice was published
on the following dates:
Beginning: /~ --/7-~oD~
Ending: /~ - ~~- ao~~,
~~.•••"""••~•.,~
~ H ~~
~
,
, STATE OF IDAHO )
SS
L1'
't~ ~' •~~~
•~~'
•••'• )
COUNTY OF ADA )
~ .' O~ AR Y S * ~ On this~day of ~-~C.~iit~L~-the year of 2002
~ } •• ~ ~ before me, a Notary Public, personally appeared
* ; 1~' s
puBti • Geneva A. Trent known or identified to me to be the person
~ ~:
•
'
• ~
'
'
' whose name is subscribed to the within instrument,
•
rMY~~
~'
••~•J-l
~ rE O~ ~9~~~' and being by me first duly sworn, declared that the
t
t
h
•,,~~~~~~~~~~~'~~~ s
a
ements
erein are true, and acknowledged to me that
she executed the sa
me.
L
'~ G , ~-
~
~
Notary P is for Idaho
Residing at: Boise, Idaho
My Commission expires: 01/06/05
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MAYOR
Robert D. Cowie
CITY COUNCIL MEMBERS
Tammy deWeerd
William L. M. Nary
Cherie McCandless
Keith Bird
December 20, 2002
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CITY OF l~'~~1~~~~?Y'
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IDAHO j
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R qa. TaE a RE ~~ - ~ SINCE
', 190
Re: Meridian Revitalization Plan
Dear Taxing Entities:
LEGAL DEPARTMENT
(208)288-2499 • Fax 288-2501
PARKS & RECREATION
(208 888-3579 • Fax 898-5501
PUBLIC WORKS
(208)898-5500•Fax 887-1297
BUILDING DEPARTMENT
(308) 887-2211 • Fax 887-1297
PLANNING AND ZONING
(208)884-5533 • Fax 888-6854
Enclosed please find a copy of Ordinance No. 02-987 approved by the City of
Meridian Council on December 3, 2002. Publication of the ordinance summary
occurred on December 9, 2002. You are being provided a copy of the Ordinance
and its attachments, including byway of exhibit the Meridian Revitalization Plan and
its attachments. As set forth in the Idaho Code Section 50-2907, you are also being
provided a copy of the legal description of the revenue allocation area and a copy of
the map indicating the revenue allocation area. There were no substantive changes
to the Meridian Revitalization Plan from the copy transmitted to you on September 4,
2002.
Copies of the entire Meridian Revitalization Plan and its attachments can be obtained
from Steve Siddoway, Meridian Planning & Zoning Department, 660 East Watertower
Lane, Suite 202, Meridian, Idaho 83642. Copies of the agreement between Ada
County and the City relating to certain properties outside the current boundaries of
the City, and the ordinance approving the agreement will be provided to you at a later
date.
Sincerely,
Sha~~n~,~w.
Sharon Smith
Deputy City Clerk
Enc.
cc: Jim Johnson
Ryan Armbruster, Esquire
City Attorney
City Planner
33 EAST IDAHO • MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 288-1193