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HomeMy WebLinkAboutResolution - Moratorium interoffice MEMORANDUM To: William G. Berg, Ir. RECEIVED MAY 2 3 2003 8~ty Of Meridian lty Clerk Office From: Wm. F. Nichols Subject: Resolution/Certificate of Clerk for Moratorium on Solid Waste Franchises Date: May 23, 2003 Will: Please find attached the originals of the Resolution and the Certificate of Clerk, in regards to the above matter. This item is now ready for placement upon a City Council agenda. If you have any questions please advise. Z:\WorklMlMeridianlMeridian I 5360M\Resolutions City Hall\2003IBerg Moratorium on Solid Waste Fcanchises Memo 05 2J OJ.doc RESOLUTION NO,- BY: A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A MORITORIUM UNTIL SEPTEMBER 1, 2003 FOR THE ISSUING OF ANY NEW FRANCHISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to LC. § 50- 302] to establish resolutions 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 ofthe corporation and its trade, cornmerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to establish a moratorium until September l, 2003 on the issuing of any new franchises for the City of Meridian. This moratorium would provide for amendments to the Meridian City Code Ordinance to set out standards applicants for franchises must meet in order to be able to obtain a franchise in the City of Meridian, and to adequately protect the health, safety and welfare of citizens of the City of Meridian. WHEREAS, the moratorium is necessary pursuant to the status quo while regulations are promulgated. 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 moratorium on the issuing of solid waste franchises until September 1, 2003 for the City of Meridian. A copy of this Resolution shall be held on file in the office ofthe City Clerk. RESOLUTION FOR MORATORIUM ON SOLID WASTE FRANCHISES FOR THE CITY OF MERIDIAN PAGE 1 OF 2 SECTION 2: Any applications for solid waste franchises received after the date of this Resolution shall be subject to whatever ordinances, resolutions or regulations are adopted by the Meridian City Council during the moratorium. SECTION 3: Any person aggrieved by the moratorium may request, in writing, a public haring on whether the moratorium should continue, which hearing shall be held within 30 days after such request is received. The bases for terminating the moratorium must be set forth in the request. SECTION 4: The moratorium may be terminated prior to the September 1, 2003 date if a resolution is adopted by the City Council. effect on SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and ,2003. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this - day of ,2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this- day of ,2003. Mayor Robert D. Corrie ATTEST: City Clerk Z:\WorklMlMeridianlMeridian IS360MIResolutions City Hall\2003\Resolulion Montorium on issuing new F,..",hise, os 23 OJ.dDc RESOLUTION FOR MORATORIUM ON SOLID WASTE FRANCHISES FOR THE CITY OF MERIDIAN PAGE 2 OF 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 - day of ,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 FINDINGS AND TO ESTABLISH A MORITORIUM UNTIL SEPTEMBER 1, 2003 FOR THE ISSUING OF ANY NEW FRANCHISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority [pursuant to r.c. § 50- 302] to establish resolutions not inconsistent with the laws ofthe state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare ofthe corporation and its trade, cornmerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests ofthe City of Meridian to establish a moratorium until September 1,2003 on the issuing of any new franchises for the City of Meridian. This moratorium would provide for amendments to the Meridian City Code Ordinance to set out standards applicants for franchises must meet in order to be able to obtain a franchise in the City of Meridian, and to adequately protect the health, safety and welfare of citizens of the City of Meridian. WHEREAS, the moratorium is necessary pursuant to the status quo while regulations are promulgated. 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 moratorium on the issuing of solid waste franchises until September 1, 2003 for the City of Meridian. A copy of this Resolution shall be held on file in the office of the City Clerk. CERTIFICATE OF CLERK PAGE I OF 2 SECTION 2: Any applications for solid waste franchises received after the date of this Resolution shall be subject to whatever ordinances, resolutions or regulations are adopted by the Meridian City Council during the moratorium. SECTION 3: Any person aggrieved by the moratorium may request, in writing, a public haring on whether the moratorium should continue, which hearing shall be held within 30 days after such request is received. The bases for terminating the moratorium must be set forth in the request. SECTION 4: The moratorium may be terminated prior to the September I, 2003 date if a resolution is adopted by the City Council. effect on SECTION 5: EFFECTIVE DATE, This Resolution shall be in full force and ,2003. William G. Berg, Jr. STATE OF IDAHO, : ss: County of Ada. On this - day of , 2003, before me, a Notary Public, appeared WILLIAM G. BERG. JR., known or identified to me, to be the City Clerk, respectively, of the City of Meridian, Idaho, that executed the said inslrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. SEAL) Notary Public for Idaho Residence: Commission Expires: Z:\Work\M\MeridianlMeridian 15J60M\Resolutions City HaJI\200J\CERT ufCLK Moratorium on Solid Waste Franichises 05 2J OJ.doc CERTIFICATE OF CLERK PAGE 2 OF 2