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HomeMy WebLinkAboutRural Fire Protection District for Fire Fighting and Life PreservationMEMORANDUM OF MUTUAL INTENT WHEREAS, on September 22, 1998, City of Meridian (the "City") and Meridian Rural Fire Protection District (the "District") entered into, effective October 1, 1998, a certain joint powers agreement, as authorized under ldaho law, entitled "CITY OF MERIDIAN / MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT" (the "Joint Powers Agreement"); and WHEREAS, the Joint Powers A~reement memarializes the working and financial relationships that existed between the District and the City for decades prior to October 1, 1998, and under which the District and the City have operated since October l, 1998; and WHEREAS, the Bistrict's boundaries surround the City, and, due to the growth of the City and annexations of land into the City, the area of land within the District and the District's population has decreased while the area of land within the City and the City's population have increased; and WHEREAS, the District and the City anticipate the area of land within the City and the City's population will continue to increase and the area of land within the District and the District's population will continue to decrease due to the continued growth of the City and annexations of land into the City; and WHEREAS, pursuant to and in accordance with the Joint Powers Agreement, the District pays a fee (the "Contract Service Fee") to the City for the City to provide to the District's residents, including all residences, property, persons and entities found within the boundaries of the District, a11 the fire and life protection services the City provides to its residents, including all residences, property, persons and entities found within the city limits of the City (the "Fire and Life Protection Services"), all of which constitutes fire and life protection services a fire protection district, in the state of Idaho, is authorized to provide; and WHEREAS, the District and the City anticipate the District will receive in the future less tax revenue with which to pay the Contract Service Fee to the City for the Fire and Life Protection Services, because the area of land within the District and the District's population will decrease due to the continued growth of the City and annexations of land into the City; and WHEREAS, the City and the District own and continue to acquire, separately and jointly, parcels of real property, and improvements appurtenant thereto, and items of personal property, all of which are and are to be held, operated, used and maintained in the operation of the fire department under and in accordance with the Joint Powers Agreement; and WHEREAS, Idaho law, including Idaho Code § 31-1420, as presently enacted and effective, permits the District, in accordance with the terms and provisions of Idaho Code § 31- 1420, to grant to or exchange with the City, it being a political subdivision of the state of Idaho, with or without compensation, any real property or personal property or any interest in such property owned by the District or acquired by ta~ deed; and MEMORANDUM OF MUTUAL INTENT, Page -1- WHEREAS, because the District's tax revenue is anticipated to decrease in the future, due to the decrease in the area of land within the District and the District's population resulting from the continued growth of the City and annexations of land into the City, it may become reasonable and appropriate for the District, in accordance with and pursuant to then existing Idaho law, to grant to or exchange with the City its interest, wholly or partially, in real property or personal property to pay the Contract Service Fee to the City for the Fire and Life Protection Services; and WHEREAS, the purpose of this Memorandum is to set forth the District's and the City's present mutual, but non-binding, contemplated intent for the District to grant to or exchange with the City, from time to time, its interest, wholly or partially, in real property or personal property to pay the Contract Service Fee to the City for the Fire and Life Protection Services, and for the City to receive and accept such grant or exchange as payment of the Contract Service Fee for the Fire and Life Protection Services, all in accordanee with and as permitted by then existing Idaho law, if, in the future, the District's tax revenue, wholly or partially, is insufficient to pay or prohibits or inhibits the District's ability to pay the Contract Service Fee for the Fire and Life Protection Services; NOW, THEREFORE, the District's and the City's present mutual, but non-binding, contemplated intent is memorialized as follows. The District's tax revenue is anticipated to decrease in the future, due to the decrease in the area of land within the District and the District's population resulting from the continued growth of the City and annexations of land into the City. Such decrease in taY revenue may, wholly or partially, be insufficient to pay or prohibit or inhibit the District's ability to pay to the City the Contract Service Fee for the Fire and Life Protection Services. In such event, the District may find it reasonable and appropriate to grant to or exchange with the City its interest, wholly or partially, in real property or personal property, in accordance with and pursuant to then existing and applicable Idaho law, to pay the Contract Service Fee to the City for the Fire and Life Protection Services. If, in the future, the District's tax revenue, wholly or partially, is insufficient to pay the Contract Service Fee for the Fire and Life Protection Services or if, in the future, the District's taY revenue decreases so as to prohibit or inhibit the District's ability to pay to the City the Contract Service Fee for the Fire and Life Protection Services: (a) In accordance with then existing and applicable Idaho law, the District would grant to or exchange with the City, from time to time, its interest, wholly or partially, in real property or personal property to pay the Contract Service Fee to the City for the Fire and Life Protection Services; and (b) In accordance with then existing and applicable Idaho law, the City would receive and accept such exchange or grant of the District's interest, wholly or partially, in real property or personal property as payment of the Contract Service Fee for the Fire and Life Protection Services, and the City would provide and continue to provide to the District the Fire and MEMORANDUM OF MUTUAL INTENT, Page -2- Life Protection Services until such time as the District dissolves or otherwise becomes defunct. In acknowledgment of the District's and the City's present mutual, but non-binding, contemplated intent this Memorandum of Mutual Intent is executed. DATED AND SIGNED this ~2 ~ day of ~w••-e- , 2008. City of Meridian ``\\~~~,~~~~ ~~,1~,, ~~, . .```''~`a,~'~ '9~''/--~ ~ ~ T~~ - Attest: - a~;A By: ; ~ ~' ; Ci ''~,,,'~~ T ~~~ • .~.~\~` . ~ ,~ ~ By: .~ Mayor . . DATED AND SICil~f r~~~~~ `~~~``\` day of ~~.~n, ~ , 2008. Meridian Rural Fire Protection District By: ~~~~/~~~ Chairman , MEMORANDUM OF MUTUAL INTENT, Page -3-