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HomeMy WebLinkAbout1998 09-22 SpecialMERIDIAN CITY COUNCIL SPECIAL MEETING SEPTEMBER 22, 1998 The special meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 7:30 p.m. MEMBERS PRESENT: Ron Anderson, Keith Bird, Charlie Rountree, Glenn Bentley. OTHERS PRESENT: Robert Corrie, Will Berg, Bill Gigray. (Inaudible) Gigray: I acknowledge that Mr. Fitzgerald is here as well as he represents the Meridian Rural Fire District. This proposed draft for you consideration of the agreement with the Rural Fire Protection District is a compilation of a serious of negotiations over the past roughly two months. We have initiated a draft which you will recall we (inaudible) the council on early on in August and the were given authority to distribute that the fire district and John and (inaudible) has reviewed has reviewed that with his commission. They made a number of suggestions of appropriate changes to the agreement. We have incorporated those into the agreement and I would say that there have been a series of fine tunings of this agreement as we've gone back and forth and this last draft was prepared on Friday the 18th. There are some underlinings here in the copies that you have. That is just to highlight the additions and some of these are more dramatical as anything else such as insuring the quotation marks are around words that are defined in the agreement and there was like the word of on section 4.2 was originally typed or and those kind of changes. There was a reference still to an appraisal regarding the real property which is deleted because we now longer have an issue with regards to the Rural Fire District's ability to meet the '97 '98 budget so there is a scratch through there and of course we will request the right to substitute those pages to get rid of those underlines but we wanted to make sure (inaudible) understood what the last (inaudible) was. An overall view of the proposed agreement first of all we will try to provide some definitions that will provide meaning throughout the agreement so that it would be a little easier to read. It's one of these things where it's good and it's bad as it makes a little longer reading in the beginning, but hopefully when you get through it, it's helpful so when you see these terms throughout the agreement this is how they are defined and we felt that the terms that are included here in section two in these definitions have relevance to the major provisions of this agreement. And I'll get back to those as we go through. Section three is basically a recitation a recital of the powers and the intentions of the parties. We like to include these in agreements so that we're always paying attention to the fact that we have authority to do what we're proposing to do and why are we doing it so that that is a deliberate thought process as you go and enter into any negotiation. Both sides have given that clear deliberation and so in this instance we talk about why the fire district was formed, what authority it has, what the City of Meridian's authority is as it relates to this particular realm of fire fighting and life services and these sections are really taken out of provisions of the Idaho Code that pertain to the authority of these two government subdivisions. A reference here to the Rural Fire District law and the authority there you'll see in 3.13 and a remembrance Meridian City Council Special Meeting September 22, 1998 Page 2 here in 3.14 that you have engaged in joint operations in the operation of the fire department in the past and the fact the city has purchased various equipment. That the fire district has purchased various equipment, and the fact in 3.17 of that you have jointly employed the employees and jointly overseeing the department and that you have operated on a formula up through the fiscal year of 1997-98 for the operations of this particular department on an equal basis and of course the next recitation here discusses the relative population sizes and proximity and so on as being one of the driving forces as to why it was necessary to relook at the arrangement that had gone on in the past which I believe is pretty operated on an oral agreement between the parties. And so this discusses the growth and the anticipation of the growth of the city and so on. And then we proceed through here with regards to the operational methods by which the 1997-98 budget was agreed upon and appropriations were made and the reason that this recitations here and the next couple of these is the effect that this agreement as it take effect will deal with fiscal year 98-99 not with fiscal years 97, 98 and past and so we try to make that clear in the recitals of this agreement. In 3.12 we try to recite the authority here that the parties have under a joint exercise of power agreement provisions of the Idaho Code and the fact that we have entered into negotiations and it's advisably determined by both parties to enter into the agreement and it's in their best interest. So now the setup of the agreement from this point forward is kind of line and uses headings which are in the Idaho Code in relationship to joint exercise of power agreement so we try to follow those when we put these agreements together to ensure that we're within the provisions of that part of the code so we talk about duration. This is an annual agreement with the renewal term provided in it and this of course coincides with fiscal years, and the idea of that is the fact that fiscal year planning is really the most driving force for these types of agreements and the idea here would be that as the parties that renew this agreement are considering (inaudible) that needs to be tied to the consideration of the fiscal year budgets. And so anyway the term of the agreement is around that time period. No separate legal entity is created. We need to be clear that we're not creating some kind of joint agency or any kind of independent legal entity under law. The purpose of the agreement this seems is a little bit duplicative of section three but it tries to set out in shorter form here some of the specific purposes of the agreement is to establish and it's important to establish the existing ownership interest in the real property, the fire fighting equipment and vehicles. And to provide for the use, operation and ownership of real property and additional real property because it's anticipated there would be potential of obtaining additional real property and fire fighting equipment and so on and to provide a method by which the fire department budget is adopted and the amounts established and of course as you will see there are specific provisions and sections in this agreement dealing with that subject and the idea of the agreement overall is to provide a mechanism where the administrator of the agreement which is provided here which will be the Chief of the department communicates on a regular basis with the commission of the rural fire district and one of the of course important aspects of that is the development of the budget and this agreement provides for that type of communication and it provides for Meridian City Council Special Meeting September 22, 1998 Page 3 the affirmation by the fire district of it's obligations for the 1997-98 fire department budget. As you well know the fire district has proceeded very affirmatively to do that and all of the actions that they have taken and have given every assurance that they are totally on board with that obligation and have as I understand it operationally provided for a mechanism by which they will be able to meet that obligation as part of the normal billing process that will be accomplished in the future. Now the financing and budget portions of this agreement are set forth in section 7 and I think this is an important part of the provision. It talks about annually the administrator and this will be the fire chief (inaudible) to be developed for the following fiscal year a budget and one of the first sections talks about input, comment and directives from both the city and the fire district outlining the directions, objectives and goals of the fire department for the following fiscal year and for a reasonable period thereafter and the reason for that and Ron can tell you and I'm sure you all know a good fiscal planning requires goal setting and if you are looking at capitol expenditures that are of any significance where you're looking at an increase in manpower and other things that would drive up a service fee cost which this is set up to do. Planning is very helpful. My experience in working with in a very similar situation with the City of Caldwell and the Caldwell Rural Fire District and I've been involved in that for I'd say close to fifteen years. There have been times depending economics and in terms of growth and otherwise there were going to be significant budget demands that would come about at different years and we always got very good advice from the Chief ahead of time and the commission in that situation I think has worked very well over the years and they're still a step behind you because they're still operating under an oral agreement, but they have been able to fiscally plan for those expansions for additional manpower. They've been kept advised with regards to employee negotiations and so on. That's part of the idea of this section and I think an important part of it. We provide for in section 7.12 an operations budget for the fire department which shall include as appropriate the following items and it says as appropriate and then provides for some leeway and we understand that through time line items may change. But the idea here is to ensure that that budget is going to include some of the significant items that have been characteristic in the past and those are all listed here in this section. Now it's divided into two parts because in 7.13 we talk about a capitol outlay expense budget as needed for facilities, major equipment or vehicles which may include and consist of any and all of the following items and of course major equipment is defined here as anything exceeding $2500 and real property of course you know what that is. But that would be separately listed because there are circumstances we understand and there's a default provision in this agreement that the formula for the purchase of those items would be based on the formula that drives the percentage of the budget that's paid in the service fee to the Rural District, but this agreement also provides that by separate agreement can be reached for each one of those items. So that's always a stop, look and listen item in this budget process under the terms of this agreement in the future so that if there's a proposal to purchase real property, if there's a proposal to purchase major equipment, it's separately lined out and then we craft what is the deal here with who is going to pay for what of that particular Meridian City Council Special Meeting September 22, 1998 Page 4 item and it will also be important in terms of keeping track of who owns what percentage of that item in the future after it's purchased. We have the — the budget is prepared. It should be delivered to the commission not less than 90 days prior to the date that the fire district budget must be certified to the Ada County Clerk and the reason for that is so that they have some time to review and make comment on that and then the commission has 30 days within which to comment on the proposed budget and to provide those in writing to the City. In the event of a dispute as to reasonableness of the proposed budget and we discussed the fact that there may be need to have some kind of reference at this point as to what is going to be the driving factor to resolve any disputes over what the budget is and that is that they'll have at least one meeting and the purpose of which is to reach a compromise and it shall be reached no later than 30 days prior to the date that the parties budget request must be certified to the county and has to provide you with the time so that you can advertise a budget as you have to do under law prior to its adoption and certification to the clerk. Now disputes regarding the budget amounts is a commitment on the part of both of the parties we recite in this agreement to provide fire and life protection services at a level at least equal to the average providence of those services by professional departments of cities excepting the City of Boise and Rural Fire Protection Districts in Ada and Canyon Counties in kind of a standard by which that is judged. In the event an operations budget isn't timely reached, the parties may elect to give notice of termination of the agreement and that's a safety valve provision so that in the event there's a loggerhead over a budget amount then we don't get into a situation where from the city's standpoint you get into a budget year where the Rural Fire District isn't committed to meet that budget or won't meet it and you have to advertise that budget and expend those monies in the next fiscal year as you can end up with a shortfall for a potential as to how you would meet that budget. On the other hand, they would be in a situation where we have a contractual obligation that obligates us to expend monies beyond what we are committed to do and it also recognizes the authority of the commission as well as the city council to be masters over their own house and their own budget within any fiscal year. And that's what that provision is about. The operations and capitol outlay budget shall be funded by tax collections and other revenues available to the parties by agreement which is legally eligible for the expenditures and so on. Section 8 is the contract service fee and that is what the essence of this agreement is this is a contract by the Rural Fire District with the City of Meridian to provide fire and life saving protection services within the district. Then in section 8.2 is the method by which that contract service fee is calculated and this was — these were provisions which as I remember when Ron came in to discuss this with me originally were items that had been discussed and negotiated as being recognized as being fair and equitable measures for determining what that fee should be so we have the gross market value, the valuation percentage of the district divided by the total gross market value of both the district and Meridian as appears on the tax rolls of Ada County. We have the population percentage factor which is next and this can be done annually and then we have market valuation figures as to — coming from the Ada County Assessor's office each year and the population figure shall be based on Meridian City Council Special Meeting September 22, 1998 Page 5 most recent census adjusted by either Ada County Planning a demographic reporter by an annual demographer's report, and so those will be current information. The parties agree that the method provide and for determination of the contract service fee will be a method by which payment will be made for any item determined and included need in the capitol outlay expenditure budget unless a separate agreement is in writing and that was the point I was making earlier that the agreement provides a (inaudible) provision but there can be a separate agreement and is recognize reads with regards to capitol outlay and it was anticipated that general operating budget would go through on one thing, capitol outlay could be quite a different matter depending on what's going on. So this provides for that kind of flexibility in this arrangement. The payment of contract service fee is going to be fashioned much like it is now. The fire district is invoiced on a monthly basis for that fee. That's what is going on at this time. And then the actually incurred for the capitol outlay expenditures when theirs are due and payable is when those will be billed and when they're actually expended. And included in the items will be the operations and the capitol outlay expenditures so those will be separately invoiced and then the fire district remits within 30 days of the date of the invoice. It says for capitol outlay expenditures are not funded in one fiscal year, there are specific revisions in the Idaho Code and I think the fire district law is even better than the municipal law. It says that they can make those allocations and put them in capitol outlay expenditures and carry them over from one year to the next. And not be worried about having to show them as general carry over funds and putting them back into the general budget. And this also allows for planning in this budget for capitol outlay expenditures because in many instances you're going to have to plan two or three years down the road to acquire those funds. Now the next revision is to try to make this agreement flexible and if contingencies come up that things come up rather than having to be on a big rush about what's going to happen if this happens let's just agree how it will be handled if it happens ahead of time and so everybody knows and so the potential for the fire district is that you could consolidate with another rural fire district and in the event the fire district seeks to consider to do something in that light it gives the city 90 days written notice and to the administrator and to the city and of course the city has an opportunity to comment on that. In the event a consolidation is effect prior to the termination of an agreement and that could happen this agreement is clear that Meridian City's responsibility to provide fire and life protection services is limited to the boundaries of the existing Rural Fire District now. It wouldn't all of a sudden be obligated to provide outside of what the present boundaries of that district are. During the term of the agreement and this is an important consideration as far as the fire district is concern is that they are contracting for services to be provided and that's fire and life protection services and we're using words that are in the Idaho Code the property owners and residents found within the boundaries of the fire district and any person or entities whom the parties to the agreement have contracted to provide services either by mutual aid or contract between other fire protection districts or city departments and in fact we're in a consideration of one right now involving some of the neighbors of these districts and this requires both parties to sign and the reason for that is number Meridian City Council Special Meeting September 22, 1998 Page 6 one it's going to look kind of crazy if you've got a mutual aid agreement and I've been involved with those both from the state level and also inter -county and Canyon County and we did the agreement with the state on the hazmat over there in Canyon County. If you have a district that is responsible for providing the services that hasn't signed on the agreement, we've got another jurisdiction signing for that jurisdiction. And it also is a safety valve for both the city and the rural fire district that nobody is getting into any agreements that are going to require potential manpower and services and aid without the other knowing it about the other to do it. The agreement is not be construed or intended to waive any right of the fire district may have to charge a fee for life and protection services, but the same is provided for in the fire district law and there are specific provisions for that and as well as for the city which works to both advantage and the idea of this provision is so that some patron or someone who might be subject to such charge come in and say well the fire district is in a service fee agreement with the city. They don't actually do this themselves so we don't have to pay. Section 11, it is important as we — Anderson: (Inaudible) Gigray: Both the city and the fire district so it would be an agreement that you already — Anderson: (Inaudible) Gigray: Let me tell you where this is likely to happen. We have a contract service with the Caldwell Rural Fire District which the Caldwell City responds to because they are in the same situation as you are with the housing authority. As you recall the housing authority has a very large facility that's on (inaudible) anyway it's on a road that's to the west of the interstate and that's about a $5,000 or $6,000 a year contract. It's a contract service because it's a — you know it's not in the district and sometimes you can reach agreements and it maybe to mutual interest to reach an agreement if you have a hole out there where there's no service provided or you provide it by some kind of contract. Anderson: (Inaudible) If the Meridian Rural merges with another fire department — Gigray: That's covered under another section. Anderson: (Inaudible) those areas so if they did a merger with all the (Inaudible) you would have no choice to (Inaudible) into that or both parties have to agree with that. If they don't agree with that (Inaudible). Gigray: Well, you elect to terminate it's (Inaudible) but section nine is the one that deals with consolidation. That's the only way that the fire district is ever going to merge with any other jurisdiction. Meridian City Council Special Meeting September 22, 1998 Page 7 (Inaudible) Gigray: It says, during the term of the agreement, I'm just going to read it if that's okay, just to clarify "Meridian shall provide fire and life protection services to residents, property and persons found within the boundaries of the fire district and shall also provide such services to any person or entity with whom the parties to this agreement have contracted with to provide such services, we're talking about a contract to provide services to some other entity, not a consolidation or a merger with another legal added. (Inaudible) Gigray: With or to provide such service either by mutual or aid, or by contract, between other fire protection district or city fire department or individual property owners outside of the district, so long as the agreements have been approved by both fire district and Meridian. Anderson: (Inaudible) Gigray: No, it's a contract. Bird: This is a contract Ron like (inaudible). They contract with the fire district (inaudible). That's a contract. Anderson: All they have to do is sign a contract with another fire district. Gigray: Well you are not obligated because you haven't agreed, the City of Meridian says we don't agree and so they've entered into a contract to provide services. They may be in default because you are not obligated to provide it unless you agree to do it. (Inaudible) Fitzgerald: (inaudible) (Inaudible) Gigray: But this agreement provides that you're operational that you're in control of the trucks. They are not going to come down and drive them. (Inaudible) Gigray: What the Rural Fire District I mean it or even the city is only become obligated to provide fire protection service. Either it's going to consolidate with some other district (inaudible). If it were going to merge with the city in some way, it really would need to Meridian City Council Special Meeting September 22, 1998 Page 8 be incorporated within the city and then it would default into a city department. That isn't something that is of any concern to this particular impact area (inaudible) so that's just (inaudible) consideration so this agreement is (inaudible) deal with what their authority would be or vice versa and it seems like what's good for the goose is good for the gander. The city went out and obligated itself for a lot of contracts to provide services that could affect an operational budget and the rural fire district might (inaudible) so it's a two way street. Existing property ownership this is of course tied to the definitions that you see here which refer or defined back in section two and this is the one that you get to back and forth on because you go back to section two and then you get to go to the exhibits. Of course there has been a considerable amount of attention paid and I'm glad that there has been and there are some reference with footnotes in here which you can see with some billing issues that will come about in the 1998-99 fiscal year and those are specifically referenced in Exhibit A and B. And you can peruse through those. The lists and exhibits showing how those properties what are owned by the city or fire district or jointly owned. (Inaudible) Gigray: And I'm going to ask your assistance if that's agreeable. (Inaudible) Gigray: Either that or you've got more BMW's than anybody I ever saw. (Inaudible) Bird: In 1975 you bought one tank. The (inaudible) is one tank. That is five tanks? That can't be. Anderson: Let me clarify. On some tanks there is no year on it so all of these (inaudible) Bird: Each one of these numbers is an individual tank. (Inaudible) Gigray: It's my understanding I mean these exhibits have been sent to John and he has circulated them of the commissioners and has made some suggestions about some corrections in that and so (Inaudible). (Inaudible) Meridian City Council Special Meeting September 22, 1998 Page 9 Gigray: And that's a very good point. (Inaudible) think we had one truck that was about 20 years older than (inaudible) suppose to be. We had some good questions and we actually found out they were folding chairs, so it's been a learning experience. (Inaudible) Gigray: Section 12 deals with the existing obligation and this is basically an affirmation of (inaudible) obligation as has been discussed and we have provided some language that will be included in the invoice. There are some contingent liabilities concerning fiscal year 97, 98 and past. Of course this agreement deals with future fiscal years and affirmation of those former obligations. Contingent means that it may come about or it may not. But if it does and one of them has to do with a potential issue with regarding wages that would occur in prior fiscal year (inaudible). The maintenance of fire fighting equipment of vehicles and real property ( inaudible) has to be operational and so this agreement provides that that's going to be a responsibility of the city to do that commencing October 1. And then there's provides that the maintenance will be performed with manufacturing specifications, applicable state and federal laws and so on and the district reserves the right to request the city to meet obligations under this section and reserves the right in the event it has cause to provide maintenance of district equipment in accordance with the (inaudible) provision of this agreement so if they (inaudible) into a situation where the commission felt that the city was not adequately maintaining then they have to give us notice and go through that (inaudible). New fire fighting equipment, vehicles, additional real property, in the event this occurs it just says that the purchase or the replacement and the ownership shall be as follows in a percentage equal to the amount of the purchase price paid by the party of the agreement and this shall be determined by the amount set forth in the capitol outlay expenditure budget with adjustments for value of the sale of existing assets used directly for the purchase so if you trade something in, you know what your ownership is now and that's credited as to just how much the value that has to the purchase and then in accordance with the formula used. Now the administrator shall at all times keep the commissioners of the fire district informed and should consult with them from time to time on the need of future need to purchase new fire fighting equipment, additional real property and so on, and that's really kind of flows with the provision about the capitol outlay expenditure budget and the information is provided by the administrator to the commission about budget planning. Operational needs and expenses, the city is responsible for maintaining appropriate (inaudible) personnel, equipment, furnishings, insurance and otherwise to maintain the department's functional level and the city is also to maintain and provide the fire district as an additional insured on all the operational liability casually loss insurance fidelity bonds and so on. Recognizing that the city is managing this and is the one that is in possession and in control and also recognizing that the fire district's interest in this and the equipment involved and so on. Meridian is responsible to keep the necessary records of performance. The head of the fire department is the administrator and so I don't know if Kenny will now be considered Meridian City Council Special Meeting September 22, 1998 Page 10 as administration but it will be a new title for the resume but it does require that terminology is in the Joint Exercise of Power Act. It talks about an administrator so we just use that term. Except for termination due to default either party desiring not to renew or terminate this agreement must provide written notice that the other party not later than the 15th day of October which shall terminate the agreement the first of October the following fiscal year and the idea is to allow a fiscal year plan to get ready for that eventuality if that ever occurs. Default is a failure of a party to perform a duty that they are required to under the agreement. The claim for default or breach of the agreement it requires a notice of the breach and a demand for the performance to be made. Notice of the breach under the provision shall specify in detail the claims and then there's 30 days to cure unless the default is the circumstance which we define here in the next section and then there's the provisions on how that notice is given. In the event that the default would cause immediate irreparable injury or damage or would result in the failure to perform a statutory duty upon the party then this allows them to act and then seek the default. In the event a party fails to pay an amount provided by the agreement, the non defaulting party shall be entitled to statutory interest and the date is due. In section 20.5 recognizing the history of the parties a specific performance shall be available to ensure that the provisions of the agreement covering the (inaudible) of real and personal property occurs and then section 20.6 in the event of default is approximate cause of additional damage (inaudible) anticipated as naturally resulting from the default is available in addition to other remedy and these are not unusual provisions or unusual concepts in terms of just general contract law. In the event default is not remedied, the non defaulting party may elect to terminate the agreement providing 60 days notice. Remedies provided shall be deemed cumulative so it could be if circumstances arose, a select one or any number of these if there were legal basis to do so. The next section, section 21, deals with the distribution of the property and the equipment if there's a non renewal or termination. If it's given the obligation of the parties under the agreement remains in the property and the equipment isn't distributed nor is there a secession of services until the effective date of termination. And then the contract services are to be paid that are due and payable. In the event that the agreement is terminated for reason of default the real property or additional real property and the fire fighting equipment and vehicles shall be a security for the performance of a defaulting party and the notice of termination shall state the amount claimed. In the event the agreement is terminated and there is any existing mutual commitment of the parties to purchase any personal property or additional real property then you're continued to be bound to do that. This was something to happen in the middle of a purchase one party can't just run away from it. Now the distribution rights concerning the real property is to provide for an exercise of an option providing for an appraisal of the value a 30 day notice on the exercise of the option which would be exclusive. Meridian has the first option and that expires then the district has that option. And the property has to be sold if it ends up being sold for at least appraised value or best offer over appraised value and (inaudible) procedures for the real property. (inaudible) and the rural fire district and we wouldn't want an agreement that would Meridian City Council Special Meeting September 22, 1998 Page 11 provide otherwise because you have certain statutory duties that you have to follow when you sell real property and so that's the real property as far as the jointly owned fire fighting equipment, Meridian has the first exclusive option to purchase the fire district's interest in this at the then appraised value and then that notice has to be given within 30 days and then the fire district has the second option and then after the first option expires in the event neither party exercises their option they may either agree to jointly operate and use the equipment or to (inaudible) and at least the appraised value or best offer over appraisal and in accordance with the laws governing. It says that any property purchased pursuant to these options they'll be valued and (inaudible) any obligation still owing on them if any and all property owned exclusively by a party shall be distributed to that party. Employees shall remain the employees and be subject to the management control of Meridian and then we have a section 22 talks about how option price procedure works in this instance. And there are some statutory provisions that govern this particularly with the fire district and so we try to follow that procedure and I've actually gone through this before. The three disinterested residents (End of Tape) Gigray:... fire district equipment and we had an instance where we had to do this to sell a 1941 fire truck and another old model which (inaudible) but it actually worked fairly well. So anyway we followed that statutory provisions there and then the exercise of the option to purchase a interest of another party will follow and we follow the fire district law here as well as chapter 14 title 50 which governs the city along with the provisions of this section and in the event neither party exercises the option to purchase the property is jointly owned then it can be placed for sale and then bids are submitted and we've got a safety valve provision in here that either party could elect to meet the highest bid submitted if it were an acceptable bid. So it's kind of a safety valve. The general provisions this is a standard boiler plate type of language used in agreements that it constitutes the entire agreement. Failure to insist on (inaudible) a future performance in the event that part of it's found illegal it doesn't make the rest of it illegal. And those types of provisions governed under state law. The prevailing party is entitled to attorney fees. No amendments without it being in writing. We provide for two counter parts so they have an original the commission has an original as well as the city council. We have a section on where notice is sent and that when it is deemed to have been delivered as being (inaudible). (Inaudible) Gigray: I feel comfortable with it because I think the commission John has done an excellent job of reviewing this very carefully and it's one of those things where you're even more comfortable when they were finding things in the agreement that are at the grammatical level as telling you that not only are they considering content, but they are looking at the whole thing. And I you know I would defer to the Chief, Ron has been involved in this from the start. I would defer to what he has to say about it. I think it's an Meridian City Council Special Meeting September 22, 1998 Page 12 arrangement that's fair for both parties. I have a very firm belief that the best agreements are agreements that provide the benefit to both parties, and if you have an agreement that is one sided, it's not going to be an agreement that is going to last very long because somebody is going to feel the rub and this has been crafted with that in mind, fairness and (inaudible) what can happen (inaudible) foreseeable future and also is something that makes sense in terms of how you operated in the past. Which I think having historical (inaudible). Having a history of performance (inaudible). Anderson: (Inaudible). (Inaudible — Please refer to tape for record.) Anderson: Mr. Mayor I make a motion that we approve the resolution of the City Council of the City of Meridian setting forth certain findings (inaudible) authorizing the Mayor and City Clerk to (inaudible) on behalf of the municipality and agreement entitled City of Meridian, Meridian Rural Fire District fire fighting and life preservation service contract (inaudible) agreement (inaudible). (Inaudible) ROLL CALL VOTE: Anderson, yea. Bird, yea. Rountree, yea. Bentley, yea. MOTION CARRIED: All ayes. (Inaudible) Corrie: Okay we have one other thing I believe (inaudible). Anderson: I make a motion that we go into Executive Session. (Inaudible) Bird: So moved. Bentley: Second. Corrie: Motion made and second out of Executive Session. (Inaudible) Bird: Mr. Mayor I move that we authorize agreement TC -97-1 for the Mayor to sign and the (inaudible) to attest. Bentley: Second. Meridian City Council Special Meeting September 22, 1998 Page 13 Corrie: (Inaudible). MOTION CARRIED: All ayes. (Inaudible). Bird: I make a motion we adjourn. (Inaudible) MOTION CARRIED: All ayes. MEETING ADJOURNED AT 9:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVE: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK