HomeMy WebLinkAbout1990 06-19,~~ / ,
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A G E N D A
MERIDIAN CITY COUNCIL
JUNE 19, 1990
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD JUNE 5, 1990:(APPROVED)
1: PUBLIC HEARING: REQUEST BY TRUCK EQUIPMENT CORPORATION FOR
VACATION OF 10' EASEMENT IN COMMERCE PARK SUBDIVISION: (APPROVED)
2: ORDINANCE # 535: ORDINANCE VACATING EASEMENT FOR ALBERSTON'S:(APPROVED)
3: APPROVE SUMMARY OF ORDINANCE #529,530,531 FOR PUBLICATION
PURPOSES : (APPROVED)
4 : LEE FARRAND : ( NOT IN ATTENDANCE )
5: DEPARTMENT REPORTS:
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MERIDIAN CITY COUNCIL
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JUNE 19,' 1990
The Regular meeting of the Meridian City Council was called to order by Council
President Ron Tolsma at 7:30 p.m.:
Members Present: Bob Giesler, Bert Myers, Max Yerrington:
Absent: Mayor Kingsford:
Others Present: Jim Johnson, Darwin Buchanan, Jerron Moore, Kevin Robertson, Wayne
Crookston, Gary Smith, Moe Alidjani:
The Motion was made by Myers and seconded by Yerrington to approve the Minutes of the
previous meeting held June 5, 1990 as written:
Motion Carried: All Yea:
ITEM #1: PUBLIC HEARING: REQUEST BY TRUCK EQUIPMENT CORPORATION FOR VACATION OF 10'
EASEMENT IN COMMERCE PARK SUBDIVISION:
Tolsma: I will open the Public Hearing, is there anyone who wishes to testify. Being
no response, the public hearing was closed.
The Motion was made by Giesler and seconded by Myers to approve this request by
Truck Equipment Corporation for vacation of 10' easement in Commerce Park Subdivision.
Motion Carried: All Yea:
The Motion was made by Gieller and seconded by Myers to have the attorney prepare an
Ordinance.
Motion Carried: All Yea:
ITEM #2: ORDINANCE #535: ORDINANCE VACATING EASEMENT FOR ALBERTSON'S:
Tolsma: AN ORDINANCE VACATING A PORTION OF COMMERCE PARK SUBDIVISION, OF RECORD IN ADA
COUNTY, IDAHO, SPECIFICALLY A 10 FOOT WIDE UTILITY AND DRAINAGE EASEMENT LOCATED ON THE
INSIDE OF THE EAST LOT LINE OF LOT 1, BLOCK 1, OF COMMERCE PARK SUBDIVISION, ACCORDING
TO THE OFFICIAL PLAT THEREOF, IN BOOK 45 OF PLATS AT PAGE 3721 AND 3722, RECORDED AS
INSTRUMENT NUMBER 7903627, RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.
Is there anyone in the audience that wishes to have Ordinance #535 read in its entirety?
There was no response.
The Motion was made by Myers and seconded Yerrington that;~t~he~~rul~s and provisions of
50-902 and all rules and provisions requiring that Ordinances be read on three different
days be dispensed with and that Ordinance Number 535 be .passed and approved.
Roll Call Vote: Giesler - Yea; Yerrington - Yea; Myers - Yea:
Motion Carried: All Yea:
ITEM #3: APPROVE SUMMARY OF ORDINANCE #529,530,531 FOR PUBLICATION PURPOSES:
The Motion was made by Myers and seconded by Yerrington to approve of the summary's
or Ordinances #529, 530, & 531.
Motion Carried: All Yea:
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MERIDIAN CITY COUNCIL
JUNE 19, 1990
PAGE #2
ITEM #4: LEE FARRAND: NOT IN ATTENDANCE:
ITEM #5: DEPARTMENT REPORTS:
City Eng. Smith: I have two items. The first is a request for approval for a subdivision
plat that is outside the city limits, it lays within our area of impact, it's on the.
south side of Victory Road between Eagle Road and Cloverdale. It's a five acre lot
subdivision, there are seven lots. I have no problems with this.
The Motion was made by .Myers and seconded by Giesler to authorize the signing of the
plat on Bridlewood Subdivision.
Motion Carried: All Yea:
Crookston: We haven't officially amended our Comprehensive Plan ..with regard to five
acre tracts, is-that going to fall under that. County has given prior approval.
City Eng. Smith: The other thing I have is a request from a Robert K. Roberts to locate
a mobile home 14x70' at 1845 W. Pine. This is on the south side of Pine and outside the.
City limits, but the county is requiring them to connect to city sewer. They have to
have approval from the City to connect to city sewer.
The Motion was made by Myers and seconded by Yerrington to approve the placement of
a mobile home at 1845 W. Pine with connection to the City sewer system.
Motion Carried: All Yea:
Sergeant Robertson: On behalf of the Police Department we would like to thank Moe
Alidjani for the lockers for our locker room.
Crookston: I wanted to announce that the 'City of Meridian has prevailed in the
law suit filed by Albert & Flying H. Trailer. We still have our franchise rights
with Intermountain Gas Company.
Myers: QRU is having their Fun Run on July 7th.
Clerk Niemann: Reminded about the LID Meeting this next Tuesday night at 7:30 p.m.:
The Motion was .made by Myers and seconded by Yerrington to adjourn at 7:45 p.m.:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
ON TOLSMA, ACTING MAYOR
ATTEST:
CK NIEMANN CITY CLERK
AN ORDINANCE VACATING A PORTION OF COMMERCE PARK SUBDIVISION, OF
RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 10 FOOT WIDE UTILITY
AND DRAINAGE EASEMENT LOCATED ON THE INSIDE OF THE EAST LOT LINE
OF LOT 4, BLOCK 1, OF COMMERCE PARK SUBDIVISION, ACCORDING TO
THE OFFICIAL PLAT THEREOF, IN BOOK 45 OF PLATS AT PAGE 3721 AND
3722, RECORDED AS INSTRUMENT NUMBER 7903627, RECORDS OF ADA
COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.
9~32«~
ORDINANCE NO.~
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone888-4481
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest
of said City to vacate a portion of Commerce Park Subdivision,
specifically the inside of the East lot line of Lot 4, Block 1
thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1:: That pursuant to Section 50-1306A,
specifically, and Title 50, Chapter 13, Idaho Code, generally,
the City of Meridian, having held the required hearing and it
appearing that proper notice of said hearing was given, hereby
vacates the 10 foot wide utility and drainage easement located
on the inside of the east lot 1 ine of Lot 4, Block 1, Commerce
Park Subdivision, according to the official plat thereof filed
in Book 45 of Plats at Page 3721 and 3722, records of Ada
County, Idaho, recorded as Instrument Number 7903627, records of
Ada County, Idaho.
Section 2: WHEREAS, there is an emergency therefor,
which emergency is hereby declared to exist, this Ordinance
shall take effect and be in force from and after its passage,
approval and publication as required by law.
City
1990.
PASSED by the City Council and approve by the Mayor of the
of Meridian, Ada County, Idaho, this/ ~~j_ day o '"~^„J~,, __,
ATTEST:
~ 7 _.
-GI~Pt_N-~ -R.--ICI-N-GS-~4R-Q,- -P4A-Y-0-R
RONALD R. TOLSMA, PRESIDENT OF
THE COUNCIL
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STATE OF IDAHO,)
ss.
County of 'Ada, )
I, JACK NIEMANN, City Clerk of the City of Meridian, Ada
County, Idaho, do hereby certify that the above and foregoing is
a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE VACATING A PORTION OF COMMERCE PARK SUBDIVISION, OF
RECORD IN ADA COUNTY, IDAHO, SPECIFICALLY A 10 FOOT WIDE UTILITY
AND DRAINAGE EASEMENT LOCATED ON THE INSIDE OF THE EAST LOT LINE
OF LOT 4, BLOCK 1, OF COMMERCE PARK SUBDIVISION, ACCORDING TO
THE OFFICIAL PLAT THEREOF, IN BOOK 45 OF PLATS AT PAGE 3721 AND
3722, RECORDED AS INSTRUMENT NUMBER 7903627, RECORDS OF ADA
COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE." passed as
Ordinance No.~~, by the City Co ncil and Mayor of the City
of Meridian, on the ~~_ day of~,~~,,._ _, 1990, as the same
appears in my office.
DATED this~~ day of June, 1990.
CI LEA-K~-CITY OF MERID-IAN
AD COUNT IDAHO
AM BROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 888.4481
STATE OF IDAHO, ) ------'~
ss.
County of Ada, )
On this 19 day of June _ 1990, before me, the
undersigned, a Notary Public in and for said State, personally
appeared JACK NIEMANN, known to me to be the person whose name
is subscribed to the within and foregoing instrument, and
acknowledged that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first
above written.
,a~',aa u~~~r~,~~,
SEAL `>~~~Tq~~ ~`~ ' ARY P LI R IDAHO
~ ~ RE IDING AT MERIDIAN, IDAHO
+~ ~p~B~eG~~~e ~ ~~ ~'° commission expires 4/1/~?3
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SUMMARY OF ORDINANCE 531
OF THE CITY OF MERIDIAN
AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER 21,
TO TITLE VIII, OF THE REVISED AND COMPILED ORDINANCES OF THE
CITY OF MERIDIAN PROVIDING FOR THE LICENSING OF ESCORT AND
ESCORT BUREAUS INCLUDING PROVISIONS FOR THE FOLLOWING:
DEFINITIONS, LICENSE REQUIRED; FEE; EXCEPTIONS, APPLICATION
REQUIREMENTS, QUALIFICATIONS FOR LICENSE - EMPLOYMENT,
NOTIFICATION OF PERSONAL CHANGES, UNLAWFUL ACTS OF ESCORT
BUREAU LICENSEE, APPOINTMENT BOOK AND NOTICE OF ESCORT AT OTHER
LOCATION., LICENSE - SUSPENSION OR REUOCATION CONDITIONS,
PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
A summary of the principal provisions of Ordinance 531 of
the City of Meridian, adopted on June 5, 1990, is as follows:
A: Section 1 provides for the adoption of a new Chapter
21 of Title VIII of the Revised and Compiled Ordinances of the
City of Meridian relating to licensing escort services and
escort bureaus and provides in general as follows:
1: Provides definitions for, among other things,
escort and escort bureaus and licensing officer, who
is the City Clerk.
2: Requires that a license be obtained to operate
as an escort or operate an escort bureau, makes it
unlawful to operate without a license, and provides
for exceptions.
AMBROSE,
FITZGERALD
8 CROOKSTON
Attorneys and
Counselors
P.O. Bax 427
Meridian, Idaho
83842
Telephone 888.4461
3: Provisions for application requirements which
include fingerprinting, past addresses, previous
employment, whether a license has been revoked in the
past, conviction of past offenses, identification,
list of employees, authorization for the City to
conduct investigations, photograph, and in the case
of a corporate application, a list of the owners of
stock, officers and directors.
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4: Provisions for license fees in the sum of
$175.00 for an escort bureau and $50.00 for an
escort.
5: Provisions for qualification of a license,
including not having been convicted within the last
five years of felony, larceny, sexual misconduct,
pandering prostitution, or a violation of this
ordinance or other such similar ordinances, being 18
years of age or older, no misrepresentation in the
application, and has not had a similar license
revoked in the last 5 years.
6: Provisions for notification of employee changes.
7: Provisions stating unlawful acts which basically
are the hiring of an employee under 18 or providing
services to an individual under 18.
8: Provisions for mandatory keeping of an
appointment book, and notification of having more
than one business location and inspection of the
appointment book.
9: Provisions for suspension or revocation of a
license issued under the ordinance.
10: Provisions for penalties which are:
Any person violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined in an amount
not exceeding three hundred dollars ($300.00) or be
imprisoned in the Ada County jail for not exceeding
six (6) months or be both so fined and imprisoned.
Each day such violation is committed, or permitted to
continue, shall constitute a separate offense and
shall be punishable as such hereunder.
B. SECTION 2: Declares an emergency and provides an
effective date.
This summary was adopted and approved by resolution of the
AMBROSE,
FITZGERALD
8 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridlen, Idaho
83642
Telephone888-4481
City Council of the City of Meridian at its regular meeting
June 19, 1990.
The full text of Ordinance 531 is available at City Hall,
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33 East Idaho, Meridian, Idaho, and will be provided to any
person for inspection upon request during regular business
hours.
DATED this 19th day of June,/J1990.
K N ~ Of~D, Y R~
TTEST
~~-~ /~n
CERTIFICATE OF CITY ATTORNEY
AMBROSE,
F1T2GERALD
BCROOKSTON
Attorneys and
Counaelora
P.O. Box 427
Maridlan, Idaho
83842
Telephone 888.4461
I, WAYNE G. CROOKSTON, JR., the undersigned City Attorney
for the City of Meridian, Idaho, hereby certify that I have
read Ordinance 531 and the summary of Ordinance 531 filed with
said ordinance, that said summary is true and accurate and
provides adequate notice to the public of the contents and
provisions of Ordinance No. 531.
CIT ATTORNEY
PAGE 3
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SUMMARY OF ORDINANCE 530
OF THE CITY OF MERIDIAN
AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER 20,
TO TITLE VIII, OF THE REVISED AND COMPILED ORDINANCES OF THE
CITY OF MERIDIAN PROVIDING FOR THE LICENSING OF MASSAGISTS AND
MASSAGE ESTABLISHMENTS INCLUDING THE FOLLOWING: PROVISIONS FOR
DEFINITIONS; LICENSEE REQUIREMENTS; EXEMPTIONS; LICENSING
OFFICER; APPLICATIONS FOR EXEMPTION; APPLICATION FOR MASSAGE
ESTABLISHMENT LICENSE; MASSAGIST LICENSE; SOLE PROPRIETORSHIP
MASSAGISTS; GRANT, TERM AND FEE OF LICENSES; QUALIFICATIONS AND
CONTINUATION OF QUALIFICATIONS; CHANGE OF ADDRESS, NAME AND
OFFICERS, DIRECTORS, STOCKHOLDERS, PARTNERS AND EMPLOYEES OF
LICENSEE; OPERATING AND SANITARY REQUIREMENTS; INSPECTIONS;
ADMINISTRATION; UNLAWFUL ACTS; PENALTIES; AND PROVIDING AN
EFFECTIVE DATE.
A summary of the principal provisions of Ordinance 530 of
the City of Meridian, adopted on June 5, 1990, is as follows:
A: Section 1 provides for the adoption of a new Chapter
20 of Title VIII of the Revised and Compiled Ordinances of the
City of Meridian relating to licensing massagists and massage
establishments and provides in general as follows:
1: Provides definitions for, among other things,
massage, massage establishments, massagists, and a
licensing officer, who is the City Clerk.
2: Requires that a license be obtained to operate a
massage establishment, makes it unlawful to operate
without a license, and provides for exemptions.
3: Provisions for the actions of the licensing
officer.
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldisn, Idaho
83842
Telephone BBB-4481
4: Provisions for application for a massage
establishment license and provides for exemptions.
PAGE 1
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5: Provisions for application for a massagist
license and provides for exemptions.
6: Provisions for a license for a sole
proprietorship massagist.
7: Provisions for investigation of applicant and
the location where the applicant intends to operate.
8: Provisions for the grant,. term and fee of
licenses which fee for a massage establishment is
$100.00, and for a massagist is $50.00; there is also
a fee of $25.00 to be paid to the Central District
Health Department for a health inspection; a fee for
an exemption certificate is set at $10.00.
9: Provisions for qualification for license and
continuing to qualify for such license some of which
are being 18 years of age or older, not having been
convicted of a felony or non-traffic misdemeanor, not
having falsified the application, not having had a
prior license revoked within 5 years of the present
application, and that qualifications must be met
continually during the term of the requested license.
10: Provisions regarding change of address,
officers, partners, and owners.
11: Provisions relating to operating the business
and meeting sanitary requirements, including those
regarding the physical facility, cleaning and
maintenance, operators and personnel.
12: Provisions-for inspections by the police,
building and fire departments and the Central
District Health Department.
13: Provisions for administration of the Ordinance
by the licensing officer.
14: Provision for unlawful acts and penalties which
are as follows:
UNLAWFUL ACTS: It shall be unlawful for any person:
A. To permit any person under the age of eighteen
(18) years to come or remain on the premises of
any massage establishment as a massagist,
employee or patron.
AMBROSE,
FITZGERALD
8 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4481
B. To sell, give, dispense, provide or keep, or
cause or permit to be sold, given, dispensed,
PAGE 2
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provided or kept, any alcoholic beverage or
liquor on the immediate premises of any massage
establishment.
C. To employ any person as a massagist unless such
person has obtained and has in effect a license
issued pursuant to this Chapter.
D. Owning, renting, leasing, operating, or managing
a massage establishment, and knowingly to cause,
allow or permit in or about such massage
establishment, any agent,. lessee, employee, or
any other person under his control or
supervision to perform such acts as may be
prohibited by law.
PENALTIES: Any person violating any of the provision
o this Ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be
fined in an amount not exceeding three hundred
dollars, ($300.00) or be imprisoned in the Ada County
jail for not exceeding six (6) months or be both so
fined and imprisoned. Each day such violation is
committed, or permitted to continue, shall constitute
a separate offense and shall be punishable as such
hereunder.
B. SECTION 2: Declares an emergency and provides an
effective date.
This summary was adopted and approved by resolution of the
City Council of the City of Meridian at its regular meeting
June 19, 1990.
The full text of Ordinance 530 is available at City Hall,
AMBROSE,
FIT2GERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888.4481
33 East Idaho, Meridian, Idaho, and will be provided to any
person for inspection upon request during regular business
hours.
PAGE 3
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DATED this 19th day of June, 1990.
' ~( ~1 , ~ ,~~~~,
R'NT P. KINGSFORD, MAYOR
ATTEST
CERTIFICATE OF CITY ATTORNEY
AMBROSE,
FITZGERAID
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 888.4461
I, WAYNE G. CROOKSTON, JR., the undersigned City Attorney
for the City of Meridian, Idaho, hereby certify that I have.
read Ordinance 530 and the summary of Ordinance 530 filed with
said ordinance, that said summary is true and accurate and
provides adequate notice to the public of the contents and
provisions of Ordinance No. 530.
WA N CR OK N, R.
CITY ATTORNEY
PAGE 4
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SUMMARY OF ORDINANCE 529
OF THE CITY OF MERIDIAN
AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER 22
TO TITLE VIII, OF THE REVISED AND COMPILED ORDINANCES OF THE
CITY OF MERIDIAN PROVIDING FOR THE LICENSING OF PRIVATE
SECURITY SERVICE INCLUDING PROVISIONS FOR THE FOLLOWING:
DEFINITIONS, LICENSES REQUIRED AND EXEMPTIONS, UNIFORMS AND
EMBLEMS, APPLICATION FOR LICENSE, QUALIFICATIONS,
INVESTIGATION, STANDARDS, BOND AND .INSURANCE REQUIRED, LICENSE
FEES, LICENSE; EXPIRATION, LICENSE; FORM, UNLAWFUL DISPLAY OF
LICENSE, LICENSES; AUTHORITY, AND PENALTIES; AND PROVIDING AN
EFFECTIVE DATE.
A summary of the principal provisions of Ordinance 529 of
the City of Meridian, adopted on June 5, 1990, is as follows:
A: Section 1 provides for the adoption of a new Chapter
22 of Title VIII of the Revised and Compiled Ordinances of the
City of Meridian relating to licensing private security and
patrol services and provides in general as follows:
1: Provides definitions for, among other things,
private or patrol services or systems and agents and
a licensing officer, who is the City Clerk.
2: Requires that a license be obtained to operate a
private patrol or security system, makes it unlawful
to operate .without a license, and provides for
exemptions.
3: Provisions for the use of uniforms and emblems.
AMBROSE,
FITZGEFiALD
8 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 888.4461
4: Provisions for application for licenses, fees
for licenses in the sum of $100.00 for private patrol
services and security services, and $25.00 for
private patrol agents, the qualifications and
standards for issuance of a license.
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5: Provisions for investigation of the applicant.
6: Provisions for requirement of bond in the sum of
$10,000.00 for private patrol or security services
and $2,500.00 for a private patrol agent.
7. Provision for issuance of a license, for a form
of license, and the expiration thereof.
8. Provision making it unlawful to operate a
private patrol or private security service or as an
agent thereof without a license and unlawful to wear
or display any license required by the ordinance
unless so licensed.
9. Provision that by issuance of a license such
does not grant any additional powers regarding arrest
or the carrying of weapons than that granted by the
general laws of the state.
10. Provides the following penalties:
Any person violating any of the provisions
of this Ordinance shall be deemed guilty of
a misdemeanor and upon conviction thereof
shall be fined in an amount not exceeding
three hundred dollars ($300.00) or be
imprisoned in the Ada County jail for not
exceeding six (6) months or be both so
fined and imprisoned. Each day such
violation is committed, or permitted to
continue, shall-constitute a separate
offense and shall be punishable as such
hereunder.
6. SECTION 2: Declares an emergency and provides an
effective date.
This summary was adopted and approved by resolution of the
City Council of the City of Meridian at its regular meeting
June 19, 1990.
The full text of Ordinance 529 is available at City Hall,
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridlen, Idaho
83842
Telephone 8884461
33 East Idaho, Meridian, Idaho, and will be provided to any
person for inspection upon request during regular business
2
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hours.
DATED this 19th day of June, 1990.
~~ ~
AN P. KINGS OR YOR
ATTEST
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldien, Idaho
83842
Telephone 888.4481
-----~~' CERTIFICATE OF CITY ATTORNEY
I, WAYNE G. CROOKSTON, JR., the undersigned City Attorney
for the City of Meridian, Idaho, hereby certify that I have
read Ordinance 529 and the summary of Ordinance 529 filed with
said ordinance, that said summary is true and accurate and
provides adequate notice to the public of the contents and
provisions of Ordinance No. 529.
~.
K
CITY ATTORNEY