HomeMy WebLinkAbout03-400 Intergvmt Agreement
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RESOLUTION NO. 03- 1otJ
BY: 7d I1-z nL if cå:. /d ¿vL cL
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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 NO. 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
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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 by law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 1!3t!:.day
of IJ{ ~ ,2003.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1f3~
day of lJ1M-vIo-/ . , 2003.
&~ýß~
bert D. Corrie
ATTEST:
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 LIMlTES
2
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws ofthe State ofIdaho, 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 IB~ day of mll/le-ft..., ,2003, the foJlowing 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 NO. 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 resolutioll~ not inconsistent with the laws of the state ofIdaho 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 CiLY 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 by law.
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STATE OF IDAHO,
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County of Ada. )
On this I r'^- day of '111 ~
, 2003, before me, tllU,-t¡::¡ 7't ()tlu-I,,¡J
-' 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 ins1rument, and acknowledged to me that he executed the same on behalf of the City of Meridian.
SEAL)
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CERTIFICATE OF CLERK
PAGE 2 OF 2
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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 /B~day of /11McIr- ,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 Chapter20, 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 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'Œ,.co~"AW=~')(No,=b"."""
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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(i) 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 NO. 581) - 2
(Maidi.."",.,""" "-~,, (NO"""'.. '"")
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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 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 NO. 581) - 3
(M,".oo""""'oo"A_~)(No_".""')
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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: (I) 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 area; and (5) a description of the methods offmancing 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 fÌom 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 I 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 fmdings;
WHEREAS, any area outside the city limits of the City of Meridian can be included
within an urban renewal area 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 '$ *, 2002,
adopting the Plan.
WHEREAS, during the 55th Idaho Legislature, 2nd Regular 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 NO. 581) - 4
IMoridJm\CI,-C_yAg_')(Nw~'",""'"
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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 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 derIDed 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 I 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 æference;
WHEREAS, the City and County desire to enter into this Agreement to avoid any
uncertainty regarding 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
(Morl.~\Ci<y-<o~', A....~) (Nw~"". '00"
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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 fmancing
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 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 ITom 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 I 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
(M_rn'C',<_ryA_')(N~,m>."",,)
",
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:
BOARD OF ADA COUNTY COMMISSIONERS
ATTEST:
BY¥¥
'" G.P. ng d, hairman
ATTEST:
By
CITY:
INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES
UNDER CHAPTER 162, IDAHO SESSION LAWS 2000 (HOUSE BILL NO. 581) - 7
(M",'M'<I"-C~"AU...=,)(N.."""..~,,
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--,.,;.
ORDINANCE NO. JJéJa-
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
MAYBE 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. ~ - PAGE 1
n: lordirumceslmeridian urban renewal area ordinance.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 StI...- day of ~
,2003.
Board of Ada County Commissioners
By .&L:~~
By: ~--Jt-t1J ,(L~ l' I: 17-.f)MA /
Y M. eavey-Derr, Comm{ssioner
By:
~
ATTEST:
PUBLISHED:
ORDINANCE NO..:5122-- PAGE 2
n,lordiDanceslmeridian urban renewal area ordinance.doc