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2010-05-11
'-' E IDIAN~-- IDAHO CITY COUNCIL WORKSHOP MEETING AGENDA Tuesday, May 11, 2010 at 6:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Purchase Agreement for Bittercreek Lift Station and Pipeline Vacated B. Second Amended Bittercreek Meadows Agreement for Sewer and Water Service Vacated C. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 2990 S. Eagle Road, Parcel No. S1121336251 D. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 2960 S. Eagle Road, Parcel No. S1121336230 E. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 2910 S. Eagle Road, Parcel No. S1121336176 F. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 3250 E. Victory Road, Parcel No. S1121336401 Meridian City Council Meeting Agenda -Tuesday, May 11, 2010 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 3250 E. Victory Road, Parcel No. S1121336476 H. Budget Amendment: Request for Spending Authority of the Energy Efficiency Block Grant (EEBG) the City was Awarded Last Year for aNot-to-Exceed Amount of $550,800.00 I. Findings of Fact, Conclusions of Law, Decision & Order: RZ 09-005 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request for Rezone of 6.54 Acres from C-G to I-L Zone and Rezone of 1.12 Acres from 1-L to C-G Zone J. Findings of Fact, Conclusions of Law, Order & Decision: PFP 10-001 Monica Subdivision by B2 Investments, LLC Located at 327 N. Linder Road: Request for Approval of a Combined Preliminary /Final Plat consisting of 3 Building Lots on 3.62 Acres of Land in an I-L Zoning District ^ K. Order Granting an Eighteen Month Time Extension for Emerson Park Subdivision: TE 10-002 Emerson Park by Kuna Victory, LLC Located at 2910 & 3030 S. Meridian Road: Request for an 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat L. Resolution No. 10-723: A Resolution to Amend the Future Land Use Map of the 2002 Comprehensive Plan for Approximately 6.54 Acres Known as the Seyam Subdivision Located at Approximately 1,200 Feet East of the Eagle/Franklin Intersection, Meridian, Idaho from Commercial to Industrial and Approximately 1.12 Acres of Land from Industrial to Commercial M. Resolution No. 10-724: A Resolution Adopting the Changes to the Rate Schedule of the Solid Waste Collection and Authorizing the City of Meridian Utility Department to Collect Such; and Providing an Effective Date 5. Items Moved From Consent Agenda 6. Department Reports ^ A. Planning Department: Meridian GIS Committee Update Meridian City Council Meeting Agenda -Tuesday, May 11, 2010 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Legal Department Report -Discussion of City/Ada County Highway District (ACRD) Interagency Governmental Agreement for Waiver of Costs and Fees C. Police Department Update/Strategic Focus Discussion D. Police Department (Code Enforcement Division) Report: Update to Meridian City Code Provisions Regarding Weeds and Other Nuisances E. Police Department: Discussion on Draft of Intergovernmental Memorandum of Understanding (MOU) for Use of Meridian Police Department's (MPD) Canine Holding Facility Brin~ agreement back with changes and Resolution on May 25t Agenda r~ F. Police Department: Discussion -Proposed Update of Meridian Police Department Standard Operating Procedures Regarding Off-Duty Secondary Employment of Meridian Police Department Officers and Hiring On-Duty Officers by Private Parties G. Police Department: Discussion -Update on Discharge of Firearms Ordinance 7. Other Items Executive Session per Idaho State Code 67-2345 (1)(c) - To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Amended Agenda to Include (f) - (to consider and advise its legal representatives in pending litigation) Into Executive Session at 7:15 p.m. Out of Executive Session at 8:39 p.m. Adjourned at 8:39 p.m. Meridian City Council Meeting Agenda -Tuesday, May 11, 2010 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop Meeting May 11, 2010 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, May 11, 2010, by President David Zaremba. Members Present: President David Zaremba, Keith Bird, Brad Hoaglun, and Charlie Rountree. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Jeff Lavey, John Overton, Bill Johnson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Zaremba: Good evening, ladies and gentlemen. I will call to order this City Council workshop. It is May 11th, 2010, and it is 6:00 p.m. and we will begin with roll call attendance, Madam Clerk, please. Item 2: Pledge of Allegiance Zaremba: All right. Second is the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda. Zaremba: The third item on our agenda tonight is the adoption of the agenda. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Rountree: On tonight's agenda we have a couple of things to fill in. Under the Consent Agenda, Item 4-L, that resolution number is 10-723 and 4-N is resolution number 10- 724. And we will be pulling some things off the Consent Agenda, but for now I move adoption of the agenda. Rountree: Second. Meridian City Council Workshop May 11, 2010 Page 2 of 29 Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. Purchase Agreement for Bittercreek Lift Station and Pipeline Vacated B. Second Amended Bittercreek Meadows Agreement for Sewer and Water Service Vacated C. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 2990 S. Eagle Road, Parcel No. S1121336251 D. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 2960 S. Eagle Road, Parcel No. S1121336230 E. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 2910 S. Eagle Road, Parcel No. S1121336176 F. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 3250 E. Victory Road, Parcel No. S1121336401 G. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 3250 E. Victory Road, Parcel No. S1121336476 H. Budget Amendment: Request for Spending Authority of the Energy Efficiency Block Grant (EEBG) the City was Awarded Last Year for aNot-to-Exceed Amount of $550,800.00 I. Findings of Fact, Conclusions of Law, Decision & Order: RZ 09-005 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request for Rezone of 6.54 Acres from C-G to I-L Zone and Rezone of 1.12 Acres from I-L to C-G Zone J. Findings of Fact, Conclusions of Law, Order & Decision: PFP 10-001 Monica Subdivision by B2 Investments, LLC Located at 327 N. Linder Road: Request for Approval of a Combined Preliminary /Final Plat consisting of 3 Building Lots on 3.62 Meridian City Council Workshop May 11, 2010 Page 3 of 29 Acres of Land in an I-L Zoning District K. Order Granting an Eighteen Month Time Extension for Emerson Park Subdivision: TE 10-002 Emerson Park by Kuna Victory, LLC Located at 2910 & 3030 S. Meridian Road: Request for an 18-Month Time Extension to Obtain the City Engineer's Signature on the Final Plat L. Resolution No. 10-723: A Resolution to Amend the Future Land Use Map of the 2002 Comprehensive Plan for Approximately 6.54 Acres Known as the Seyam Subdivision Located at Approximately 1,200 Feet East of the Eagle/Franklin Intersection, Meridian, Idaho from Commercial to Industrial and Approximately 1.12 Acres of Land from Industrial to Commercial M. Resolution No. 10-724: A Resolution Adopting the Changes to the Rate Schedule of the Solid Waste Collection and Authorizing the City of Meridian Utility Department to Collect Such; and Providing an Effective Date Zaremba: Thank you. Next is our Consent Agenda. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun:. As mentioned, under our Consent Agenda, Item 4-A and B, there is a request by legal to remove those from the Consent Agenda and so the motion will include that. And as noted earlier, 4-L, that resolution number is 10-723 and M is resolution number 10-724. And with those I move that we approve the Consent Agenda and that the Mayor or acting Mayor be authorized to sign and the Clerk to attest. Rountree: Second. Zaremba: All right. We have a motion and a second to approve the Consent Agenda as amended. All in favor say aye. I'm sorry. That's a roll call vote, please, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: Thank you. All ayes. That motion carries. MOTION CARRIED: ALL AYES. Item 5: Items Moved From Consent Agenda Meridian City Council Workshop May 11, 2010 Page 4 of 29 Zaremba: Item 5 is items moved from the Consent Agenda. We have none of those. Item 6: Department Reports A. Planning Department: Meridian GIS Committee Update Zaremba: Item 6, we are onto the Department Reports and we will begin with Director Canning. Canning: Thank you. Under the agenda it says Planning Department Report, but, really, this is all city effort and I just wanted to let you know about it. I am here today to introduce the Meridian GIS team and that team is composed of Elizabeth Ashworth with the police department, Kathy -- and I don't know how to say Kathy's last name, so I'm hoping I get it right. Sudders. All right. From wastewater and water. Myself. Matt Ellsworth. Carrie Glenn from utility billing. Jaycee Holman. Roger Jack from Public works. Bill Johnson of the fire department. Rachael Meyers with parks and recreation. Terry Paternoster in IT. David Peety in IT. And last, but not least, Rob Sosnowski with IT, who is the official team leader and keeps us in check, as I -- as I try to side-step the group at every turn I can. But he's very good at keeping us on task and getting lots of work out of us. We have been meeting about twice a month thus far and we have actually gotten quite a bit done. The first thing we have done is decide what we are going to do and there is a ten step program for that and we have been working through that, evidently. The first step was preparing for the program and we have completed those tasks, which include coming up with a purpose statement, conducting a spot analysis, identifying chief stake holders and, then, grouping them according to influence and importance. And now we are in the midst of identifying business opportunities, so that we can interview different folks and understand what their GIS needs are. We will move on to prioritize those opportunities and, then, construct the GIS program. And, then, built into our group efforts we will be doing kind of a fiscal analysis of what makes sense with regard to GIS and making sure that we move forward on something that's fiscally sound. And, then, finally we will build a report and present it to you and we hope to do that in July. So, as I said, this is an aggressive schedule, but we have managed to do a lot of work in a short amount of time and we think that we can continue that way. This is so important I think to the city, because for years I have known that GIS was just kind of sitting there as a -- as an incredible unused tool for the city or underused -- not unused, but underused. And I think that these efforts that the IT department has started in this group that Rob has pulled together is really going to help advance GIS for the city. So, again, we just wanted to introduce ourself to let you know that we were working on this and that we will be back in late summer, early fall. And that was it, unless you have any questions. Zaremba: Thank you very much. Any questions or comments? Bird: I have none. Meridian City Council Workshop May 11, 2010 Page 5 of 29 Canning: And I promised to only take five minutes on the agenda, so that Chief Lavey won't hassle me. Lavey: He already did. Thank you. Zaremba: Thank you. Any further questions? It's abig -- big effort and I appreciate that it's happening. Thank you for the information. B. Legal Department Report -Discussion of City/Ada County Highway District (ACRD) Interagency Governmental Agreement for Waiver of Costs and Fees Zaremba: All right. Item B, Legal Department Reports. Discussion of city and Ada County Highway District interagency governmental agreement. Mr. Nary. Nary: Mr. President, Members of the Council, you have an agreement for waiver of the fees between the city and the Ada County Highway District. We -- my staff -- Mr. Baird from my staff has been working with the staff at ACRD to put together this agreement. The basic -- the basic intent of this agreement -- I think is the desire by both the highway district and the city to not be exchanging, essentially, tax dollars across to each other, so there would be impact fees on site where there would be costs for roadway right of way purposes and those types of things. There was a little bug in it that Mr. Baird discovered that the original agreement also waived ACRD paying any fees for condemnation of any property of the city, whether it was approved or not. We felt that was a risk that that includes wells, could include this building, and any roadway improvement. That was never their intent. They didn't realize that it left it so open ended, so we made it very clear that the only property where compensation wasn't necessary was unimproved property, because, then, we are dealing with just, especially, right of way acquisition. In doing the analysis for finance, they found that this was a reasonable agreement, because very little of the properties that the highway district has ever purchased from the city is -- is fairly small in relation to impact fees that may be -- may be a part of that. Now, with the state statute being amended a couple of years ago, there is probably not a lot of impact fees that are going to be impacted any longer either, but we felt this was reasonable, felt this has worked for a long time. If you would like, I think this was on the list of items you wanted to discuss with the commissioners at the next joint meeting, so tonight I can probably answer questions. Mr. Baird's comment to me was that he felt that this was in its final form if you're satisfied with it and if you're not and you want to have further discussion we can. If you would like them to sign it first, we can certainly do that. So, if you want to do that, that's your option. Any other questions? Zaremba: All right. Thank you. First, any questions and, then, any opinions about whether we are ready to move forward or do we want to wait for a joint discussion? Bird: I'd like to read it first. Meridian City Council Workshop May 11, 2010 Page 6 of 29 Zaremba: That would sound like we probably want to save it for the joint discussion, then, and be more prepared for it. Any intervening questions for Mr. Nary? Mr. Rountree, you look like you have questions coming. Rountree: Bill, you may have -- you may have said it while I was reading, but has the ACHD board discussed this in a public setting? Nary: Mr. President, Members of the Council, Council Member Rountree, (believe -- I think our advice today -- and Caleb's not here. I think Caleb having -- they were having a discussion I think tomorrow and we have a couple of different agreements, so I apologize. I think this is part of the discussion of the final form. So, I'm not certain if they have adopted this as their final agreement as well. So, I think that's their next item for discussion. So, if you, again, wanted to wait for your joint meeting, that's probably the most appropriate. Hoaglun: Probably the best. Nary: Okay. Rountree: I would concur that that's what we do. Do you want a motion to that effect? Zaremba: Bill, do we need a motion or you just want to -- Nary: I think it's under agenda items list that you sent to the highway district by letter. Zaremba: Okay. Nary: So, I don't think you need to take any action. If you have comment or questions that you could let us know that before the meeting, after you have had an opportunity to review it, otherwise, you can certainly save that discussion for your joint meeting, that's perfectly fine. Zaremba: Okay. I would comment that I'm in favor of the basic premise that tax supported agencies should not charge each other. It all comes out of the taxpayers pocket one way or the other, so -- Nary: Yeah. Council Member -- or Council President Zaremba, as I said, when we did our analysis we really found that it truly I think is a great benefit to the city to not be having to pay these types of fees back and forth and I think the highway district, again, think from their perspective it's just a layer of government we don't need to create or keep creating what we have, so -- Zaremba: Great. All right. We will be prepared to discuss this at a joint meeting with the highway district commissioners. Thank you. Meridian City Council Workshop May 11, 2010 Page 7 of 29 C. Police Department Update/Strategic Focus Discussion Zaremba: All right. The next item and all the rest of them on this evening, except for an Executive Session, are the police department and I'm happy to announce for the record we have a large contingent of our policemen here, very happy to have them here. We even have some of the canines coming in. How wonderful. Thank you. Chief Lavey. Lavey: Mr. President, Council, a short time ago I talked to the -- I'll start over. Mr. President, Council, a short time ago I actually spoke with the Mayor and she regrets not being here tonight. However, she was facing some jet lag and was going to sleep. So, we will do this without her. I was going to do it next month, but she informs me that she's going to be in Turkey next month, so I said we are just going to move forward without you. About a month ago I was asked by the Public Works Department to take their spot today. They were supposed to be speaking today on strategic planning and they were not ready and I volunteered and told them that I would take their place. Now, the sad thing is that us supervisors are meeting on June 10th for our strategic planning, so anything I tell you today you have already heard more than once. So, I decided to do something different and something you have been asking for a long time and that was to bring forward a lot of our new officers. So, in front of you today is men and women and the four legged friends of the police department that serves this community and I'd like to take the opportunity to introduce them today. But, first of all, I guess we will do the dogs first, so we can get them out of here. That really goes against my order and I'm kind of like Lieutenant Colaianni, I have a certain order I have to follow things in, but I'll adapt. A couple of new faces here is over in the corner behind -- on my left shoulder is Chris Figal and Ivan. He is one of our newest canines here to the police department. He was purchased through the community fund raising and through the budget amendment -- or, excuse me, the enhancement that the Council approved last year. You probably remember Bowser in the past. Bowser was a pound puppy that we rescued for 75 dollars at the Human Society. He is currently on his second handler, as they are -- I guess the dog's better than the officers, because he's already on the second handler. Seth Washburn right here used to have Bowser. Bowser divorced him and now we have Carlo and Carlo is the second newest member of the canine department and he was also purchased this last year. And, then, you have probably seen him in the past, Jeremy Lindley and Mac and, then, we have Blitz and Berle Stokes. Since the canines can't do anything separately, they all had to be here today. asked for three and I got five. So, I'd like to introduce you to the newest four legged friends and to these officers and if you would like to visit the dogs, ask the handlers and you could probably step up there and check them out if you want to do that as well. Thank you, guys. Zaremba: It's a pleasure to have you here and to meet the canines, the dogs. Rountree: Jeff, any particular specialty of any of the -- Lavey: Yes. All four of the Malinois, which is the brown -- the brown dogs, are certified in patrol work and in drug detection. So, the patrol work is the criminal apprehension, Meridian City Council Workshop May 11, 2010 Page 8 of 29 the building searches, and area searches and such. And they also search for odors and narcotics. The fifth dog, the black one, is a single purpose dog and it is narcotics detection only. And all of them are certified in the state of Idaho. Bird: Jeff, is that Tiko's -- Lavey: Yes. That is Tiko's second son. Zaremba: Great. Thank you. Lavey: I would really hate to know what he smells considering all the trouble we have had lately. Okay. The weight challenged people, if you could stand up right here in front of everybody. The weight -- the weight challenged. The last couple of years the HR department has worked diligently to provide a wellness plan and I'm happy to say that several teams from the police department took place this year and I brought four of them here today to congratulate them for their accomplishments. This kind of goes in line with the police department's goal to establish a voluntary fitness program with a mandatory fitness program coming within the year and I think that with the hard work that these four individuals have done, they need to be recognized today. I can tell you that this group in front of you, Randy Goodspeed, Audra Urie, Will Stoy and Wayne Fuchs, lost a total of 57 pounds over a 13 week period. Zaremba: Wow. Lavey: And I can also tell you that Randy was our top winner, because he lost 27 pounds alone. And I'd like to just congratulate them and also point out that the -- the top female was Mayor de Weerd. So, congratulations to the four of you for your efforts. And those officers that are dying to write another ticket can go out there now. If I could have the rest of the group stand up in front, please. I just recalled all the officers that were present for Chief Anderson's retirement, so I just had to share in it, too. Over the last couple of months while I was in Quantico we had opened up a bunch of positions for promotions within the department and I'm here today to introduce you to some of the supervisor and command staff that are present, but also, first of all, to recognize two of our newest police officers within the City of Meridian. If you two could step forward right out here. Natalie Chopko is a four year veteran from a Treasure Valley law enforcement agency that decided to come work for us and the unique thing about Natalie -- and she may not want me to say this -- is that her father also works for the police department. I told him that there is only room for one. They are still fighting to see who that's going to be. The other individual is Andrew Moore. Andrew Moore has four years of law enforcement experience and he came from a parish in Louisiana. I promise that he does not have a really deep accent, but it is there. And I would just like to recognize them for deciding to come to Meridian and they are in their early stages of training, so congratulations. Zaremba: Thank you. Welcome. Meridian City Council Workshop May 11, 2010 Page 9 of 29 Rountree: Welcome. Lavey: Got more officers coming in. The next two people are the corporals. If you could stand forward. Siems and Nesbitt. The next two individuals are Corporal Chris Siems on the -- on your right and, then, Officer -- or, excuse me, Corporal Tom Nesbitt from -- or on your left. And the unique thing about them is they also came from a law enforcement agency within the Treasure Valley and decided to come work for Meridian and since that time they have both promoted to the rank of corporal and, then, Chris has also taken on the additional roll of serving as the traffic unit supervisor recently. So, we would like to say thanks to them as well. Thank you, guys. Zaremba: Thank you. Lavey: Two newest members of the sergeant staff. If the sergeants could step forward. Don't be bashful. I'm all turned around. So, on your right is Sergeant Ryan Caldwell. On your left is Sergeant Martin Flores. Both of these individuals have worked for us quite some time now. I'm happy to say that we also have hired them from other law enforcement agencies within the Treasure Valley and Brian Caldwell served as a corporal within our patrol division prior to promoting to sergeant and, then, Martin Flores was playing around wearing shorts and working for the DEA and now he has to be clean cut and wear a uniform and I like it quite well, so congratulations to the two of you. Zaremba: Thank you. Lavey: And last, but not least, if the lieutenants could step forward. The unique thing about the lieutenants is they serve as the -- part of the command staff and this is kind of a tough decision there and I won't go into why. That's good. That could be good, that could be bad. I'd like to introduce you to Lieutenant Jamie Leslie on your right and Lieutenant Mike de St. Germain on your left. Both -- actually, Jamie came from a -- won't say Treasure Valley, he came from a law enforcement agency to the north and Mike came from a law enforcement agency in the south that we don't like to claim -- California maybe? Zaremba: Way south. Lavey: Great south. They both have been with our department for quite some time. They both served in a role as sergeant for quite some time. Jamie is going to serve the patrol division and Mike is going to continue serving in the investigative division. So, congratulations, guys. Zaremba: Congratulations. Lavey: You guys clear if you want. Zaremba: Thank you all very much. Meridian City Council Workshop May 11, 2010 Page 10 of 29 Lavey: They probably can't wait to get those ties off and everything else. Rountree: They have kind of left you. Lavey: My goal is to get done early. Just a couple other things that I would like to wrap up with on this is that over the last, oh, two years or so I have been filling you in on a couple different things, such as the range and officers and everything else. I'm happy to report earlier in the week that we have just received word that we are going to receive a COPS grant for four more officers for a total of three quarters of a million dollars over a three year period. So, that was -- that was very good news. I'm here to report that the RFQ for the range is in the hands of our purchasing agent and he was doing some fine tuning on some dates and everything else. I asked him to submit it to legal for their review as well. So, that will be ready in the near future. And the other good piece of news that Lieutenant Overton just provided me tonight is that although the school district is having major budget cuts, they are not going to mess with the SRO contract, because they learned last time that when they mess with it it's a bad deal and so it's -- although it's going to remain status quo, we are going to have continued partnership with the school district and move forward. So, that's good news as well. And with that end my department report, only to move into the next couple of items when you're ready. Zaremba: We are ready. Thank you for that. Hoaglun: One quick question for the chief. Zaremba: Mr. Hoaglun. Hoaglun: I notice Canyon .county is looking at a range over by Pickle Butte, which is quite a ways from here. Was there any discussion with Canyon county if there will be a joint on a range or is that something that's not going to work? Lavey: I do not know where that is coming from. It's my understanding that they are just attaching to part of a public range. It's an outdoor range. Rountree: Teddy Roosevelt range I think. Lavey: Yeah. The -- our plan was presented to the Treasure Valley partnership group to all elected officials in both Ada and Canyon counties and they are fully aware of what we are doing. The one thing I would say about the Canyon county is that it puts us back into the same position that we have had before and that's windshield time, sitting behind there, travel time and everything else. Knowing what -- what they are basing, I would be very surprised if it even went forward. But I will keep you posted on that. Hoaglun: Thank you. Bird: Mr. President? Meridian City Council Workshop May 11, 2010 Page 11 of 29 Zaremba: Mr. Bird. Bird: Regarding that, Jeff, I don't believe it was the commissioners, it was just the sheriffs department that was stating that and it would have to go before the commissioners. Lavey: The commissioners actually toured the grounds. They didn't really show much interest, but they weren't asked, really, to make a decision then. I think it's just kind of a research, kind of see where things are. Very early stages. Zaremba: Are we assuming that part of the financial justification for ours is that they would use time in ours? Lavey: Canyon county was not considered in that. Zaremba: Oh. Okay. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Jeff, just extend a thank you for your troops for being here. I know it took time out of their schedules and their day to put a tie on and be here, so appreciate that. And it was great to see them, see their faces. I think that's good for us. I think it's good for them, too. Zaremba: And tell them we are proud of them. Rountree: Yeah. Lavey: I think it is and it's one of the things that we used to always make it happen and we started to get so busy that we stopped making it happen and shame on us and it was just the perfect opportunity to get back to doing what was right. Zaremba: Much appreciated. All right. I'll let you move at the pace you want to move. D. Police Department (Code Enforcement Division) Report: Update to Meridian City Code Provisions Regarding Weeds and Other Nuisances Lavey: Okay. The next item is -- I'm, actually, going to have Lieutenant Overton address on the nuisance code and regarding weeds and other assorted nuisances. It's not all nuisances. Meridian City Council Workshop May 11, 2010 Page 12 of 29 Overton: It's not all nuisances. Good evening, President, Members of the Council. We come before you tonight kind of reflecting back on last year and the perfect storm we had. The really wet spring, weeds eight feet tall, all the foreclosures, and, then, discovering in our code that we had depended on to do everything we wanted it to do, fell short. Over the period of the winter and the spring we rebuilt it with a large amount of help through Andrea and Emily in the legal department. At the same time we that rebuilt the weed section she decided it was time to probably just clean up a whole bunch of old language. So, this new Title 4, Chapter 2, which you guys should all have in front of you, actually, combines all of our garbage codes in the old Chapter 1, general nuisances, weeds and abandoned vehicles. The reason abandoned vehicles have been brought into that now is because the state legislature passed a new law this year that said, basically, anything we do in abandoned vehicles has gone by the wayside. We have to go by state code. So, the little bit that we can influence on abandoned vehicles is in this new section as well. Part of the things we have taken care of on just the overall is we kind of got rid of bonfires in the streets. We haven't seen one of those in about 21 years that I know of. We looked at some things that we just have not seen and updated some of the problem areas, the things we do see that we are dealing with. Some of the dilapidated buildings, stagnant water issues, and brought those into the code to make it more current and applicable to today's problems. The biggest tool that this code brings to us has more to do with how we are going to do the enforcement and abatement on weeds cases. As you know last year when I came in front of you every time I wanted to do an abatement, basically, I was coming in front of you and it wasn't a very -- it wasn't quick, to be polite. It wasn't fast. It wasn't quick. It slowed us down while the weeds grew another two feet while we were waiting for that whole process to come forward. We have now changed the code, so we can write a weed violation for every day that it's a weed violation if we get a problem party that's not willing to take care of it. Each new day is another violation. We have streamlined the abatement process through legal, so we do not need to come forward every time and tell you what we are going to abate. We have enough people in our chain of command to oversee that and make sure that we are dotting the I's and crossing the T's, plus working with legal to make sure that we are doing all right, preparing those cases for court. We don't believe we needed to come in front of you each and every time to show you what we were doing. I think you want to see the results. So, this is really a lot of the clean up of those code sections and streamlining it and giving us a little bit better tool as we go forward, because as we have seen, we have got weeds now -- I had four people running around our city today, some are getting cut right now, some were cut last week, and we have got a bunch scheduled out right now. So, with that I ask for any questions you might have. Zaremba: Gentlemen, any questions? Bird: Mr. President? Zaremba: Mr. Bird. Meridian City Council Workshop May 11, 2010 Page 13 of 29 Bird: Just a comment. Lieutenant, I appreciate that, on the weeds and stuff, to get it taken care of and make sure all the I's are dotted and the T's are crossed, but the sooner the better. Overton: Thank you. Zaremba: Thank you. A lot of effort went into it and, I agree, you know, if the Council has approved something in concept, we don't need to hear every single one of them that applies to that concept. I think that's an excellent choice. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: On the abatement that the city does, have you looked into just getting somebody on contract and -- or do you do that now? Overton: We actually -- by the end of last year we had streamlined to the point we had think six places that we just were assigning. So, yes, we did -- we worked it out with finance to make sure we met with all the state codes and how we have to do the bidding processes and we were just calling them, getting them abated and moving forward. Rountree: Very good. Zaremba: Thank you. Overton: Thank you. E. Police Department: Discussion on Draft of Intergovernmental Memorandum of Understanding (MOU) for Use of Meridian Police Department's (MPD) Canine Holding Facility Lavey: Mr. President, Council, I get the next item. This is -- make sure I get this one right. I have got so many of them. Discussion on draft of intergovernmental memorandum of understanding for use of the meridian police department canine holding facility. Several years ago we built the canine training center on the city property next to the police department. When we built that the intention was to house the Meridian canines and also open it up to other agencies and for some time we had a one page form that people would use to check in their dogs and, then, I started doing some thinking and realized how much money we were spending on these dogs and how much value they were to us that we were assuming a risk by taking in other city's dogs without some sort of formal agreement. I contacted our legal department and that one page form went to six pages. That's what the attorneys will do for you. Nary: We lawyered it all up. Meridian City Council Workshop May 11, 2010 Page 14 of 29 Lavey: Even the item on the agenda is in lawyerese, which I had a hard time reading. So, in front of you today is an intergovernmental agreement that we would enter into with individual law enforcement agencies that would hold the city harmless if, in fact, something occurred in our building that was no fault of ours. There is a lot of legal jargon in there, there is a lot of definitions. Mr. Nary can explain if there is a legal question. I can explain any procedural questions in front of Council, but I will open it up to any sort of questions. I will tell you that we -- we originally talked about maybe doing a joint form that allowed all the Treasure Valley agencies to sign it at one time. We decided that that would not be practical for two reasons. One is that if we are having difficulties with one agency, we -- that we either want to remove them from using the facility or put greater restrictions on them, by having an individual MOU that would make it easier to do. The other thing is that once this is signed anyways, it's automatically approved next year and the year after until either they or us rescind it. So, it's not really that big a deal once it gets signed. So, with that I will take any questions that you have or defer to Mr. Nary if he has additional information. Nary: Mr. President? Zaremba: Gentlemen -- or do you have comment first? Nary: Mr. President, Members of the Council, just very briefly, what we really tried to accomplish I think with the police is it's a great program and a great opportunity to interact with other agencies and the chiefs concern, which was very legitimate is all the potential risk of harm that could happen to very expensive animals and through no fault of the city. The building burns down, something happens, and right now we have, essentially, a verbal agreement with folks and what we were concerned with is that we really have a verbal agreement many times with the handler, who may or may not have any authority to bind their agency for anything and we felt that by having this MOU, although it may be cumbersome, you really only have to do this once. We know the agencies that we currently have a relationship with, so we send this agreement to all of those agencies that we have ever done any work with as Boise, Ada County, Nampa, Caldwell, whoever, we can send it to them, they can pass it, they only have to do it once. Occasionally the police department gets a request from out of state entities, it would be a hindrance on somebody who called us on Thursday and wants to drop a dog on Friday, but that probably would be a hindrance to be able to do that, but we felt that wasn't a big trade off when the reality is most of the time you're going to get a little more notice than that or once you know that they are out there and make sure it's not a community that -- if you want to get it ahead of time you do it, we can certainly plan that ahead. It just seemed like a fair trade off to not, again, have an animal that might be -- you know, might potentially be injured or something happen to and, then, the city would be responsible for it or we would be dealing with the other agency in an adversarial way, which we don't want to do. So, although it does look pretty cumbersome, the reality is it's the process we have been doing, to have the animals that are being cared for, been using our facilities, and all we are doing there is memorializing them to make sure, again, that they recognize that this is at their own risk. We don't charge for the service, so there really is a great benefit to be able to have the opportunity to use it. Meridian City Council Workshop May 11, 2010 Page 15 of 29 Zaremba: Thank you. Gentlemen? Mr. Rountree. Rountree: Earlier when we saw our friends and some -- and, Jeff, you mentioned that they are all certified. In the definition of police dog it doesn't speak to any kind of certification, just training. So, is -- would reference to appropriate certification be appropriate there? Do you want an uncertified dog in that kennel with potentially other folks -- Lavey: I understand what you're saying. I think what I would do is just leave it as a police service dog and the reason why I say that is it takes 260 hours for patrol work and an additional 160 hours for narcotics work or explosive work in order for that dog to be certified. That took us ten weeks and that was with us dedicating every single day. For some agencies it takes up to a year. So, I think it would be more appropriate if we just said a police service dog owned by -- by a municipality or some sort of government entity. Certification doesn't really concern me so much as just them agreeing -- one other -- for an example, one of the other things is it puts the burden on them to take care of the dog. They have to have a presence there twice a day. They have to do the feeding, they have to do the cleaning and everything else, because a lot of times dogs were being dropped off and, then, they weren't being cared for by their handlers or their agencies. So, I don't believe the dog needs to be certified, it just -- it has to be a dog that's owned by a government entity, so you're not bringing in your own personal dog to the facility. Rountree: Your comment leads me to my second question. In the facility control and maintenance it speaks of an absentee owner and in that case, with advanced notification, a Meridian Police Department officer will do the feeding and watering of the dog. I know we are doing this at no charge, but is that going to become a burden to either get somebody off duty there to do it or have somebody on duty to have to come in and do it? Lavey: What we do is we have them make the arrangements with an on duty canine handler, so if the on duty canine handler is already there -- we don't let any other police officer take care of the dogs. They have to be a police officer that's actually training him and the dog, so if we know that the police officer is going to be working that week, he can take care of the dog, we will allow them to do that. But it's going to be -- that's why we need that written the way it is, is that you have to assume that there is going to be nobody there to take care of the dog and, then, on occasion you might be able to make some sort of special arrangement and if that's the case we would allow that. But we need to have that final say. Rountree: And by designated MPD, your intent of that word is that it's going to be one of our canine officers? Lavey: Correct. Meridian City Council Workshop May 11, 2010 Page 16 of 29 Rountree: Okay. Lavey: One of the things that we found out is we were using civilian volunteers out in the -- out in the facility and it was a recommendation by the legal staff that we cease doing that. Rountree: Would that be good to clarify in this, that it's a canine officer? It just says designated officer. Nary: I'm sorry, Council Member Rountree, Ididn't -- Rountree: Would it be better to clarify in the MOU that it's a canine officer -- designated canine officer? The way this reads it could be any officer. Nary: It could be any officer that's designated by MPD. Rountree: Right. Nary: But we certainly could put MPD canine officer. That's certainly no problem. Lavey: We can do that. Rountree: That zeros it right into the select group that will be doing this. Nary: Right. Yeah. And I can't imagine, chief, that there would be an -- that you would ever have anon-canine handler handling that -- these animals or your own. Lavey: Well, we did and we ceased to -- Nary: Right. Right. But in the future I wouldn't think we would have that. Lavey: Correct. Nary: So -- Bird: Mr. President? Zaremba: Mr. Bird. Bird: And we are making sure all the dogs that come in are veterinarian certified? Lavey: Yeah. They have -- yeah. Yeah. Bird: Kennel cough, stuff like that? Because sometimes you get a new dog and haven't had a chance to check him over and I know in the -- in the kennels that you get kennel cough started and it can run through there pretty fast. Meridian City Council Workshop May 11, 2010 Page 17 of 29 Lavey: Exactly. Kennel cough is probably one of the most contagious things that is non-life threatening, whereas Parvo is more life threatening and we have had both of them out there and all dogs are required to be vaccinated before they are -- Zaremba: I'm not suggesting to change this, but just bear in mind -- or watch if -- in case anybody is abusing it, leaving their dogs too long, we may think about, you know, the first five days there is no charge. After that there is a charge. Or if one of our handlers is involved there may be a charge for that. I'm not saying we need to change it now, but just monitor it as it goes along and if we feel like we are being abused I would consider something like that. Lavey: And, President Zaremba, I totally agree with you. I really debated on whether we should be charging right now and as long as it's not a burden, as long as it's something that we can do while we are there on duty, we are okay with it, but if it gets to be a major use or if it's a major abuse, we will either remove their privileges or we will come in front of you and start charging them, because I actually do think it is quite appropriate that we charge them, but we are being nice right now. Zaremba: Any other questions? All right. Thank you. I'm sorry. Do we need to take any action on that or just -- Nary: Mr. President, Members of the Council, I don't believe so. I mean if you're comfortable with the agreement, we can make the change that you want. If you would like to have final approval, we can bring the agreement back with a resolution adopting that. If that's your comfort level we can certainly do that and put it on the 25th. Bird: That would be my preference. Zaremba: To see it again? Bird: Yeah. Bring it back with the final. Zaremba: Okay. Nary: We will make the changes on -- Bird: I think Charlie would probably like to see the change. Zaremba: Yeah. Rountree: Yeah. Lavey: That would also give you time to read more in depth, too. Rountree: Read through it. Yeah. Meridian City Council Workshop May 11, 2010 Page 18 of 29 Lavey: There is no hurry. And, then, keep in mind, too, is that once you do agree to the verbiage, it will have to come in front of Council each and every time an agency wants to have it signed anyway. Probably be on the Consent Agenda and you could pull it if there was issues. Bird: Let's pass it with boilerplate and we can Consent it. F. Police Department: Discussion -Proposed Update of Meridian Police Department Standard Operating Procedures Regarding Off-Duty Secondary Employment of Meridian Police Department Officers and Hiring On-Duty Officers by Private Parties Lavey: Okay. Mr. President and Council, it looks like the next item on the agenda is F, labeled proposed update of Meridian Police Department Standard Operating Procedures regarding off-duty secondary employment of Meridian Police Department officers and hiring on-duty officers by private parties. That also was written by an attorney. Zaremba: Who would have guessed. Lavey: I was going to say several months ago we had this discussion in one of my strategic updates. However, we had this discussion going back a year and a half or so about the possibility of charging for police services that go above and beyond what we are required to do legally and what we have chosen to as a city. Such example is if a business wanted security at a special event, if a school wanted -- or not a school, but a sporting event is having something going on and they want to hire security, it would not behoove us to provide those services free of charge and, then, it takes away from the things that we are required to do. We further had that discussion as to the potential of somewhere down the road is when we look at approving temporary use permits, is make a requirement saying we will approve this if you have X number of officers. I'm not coming in front of you today to discuss that. That's something that I think that if we were to agree on what we are going to talk about today, we would have everything in place that if it got to be a point that we wanted to do that we could sure do that. What I'm here today to talk to you about is two things. One is the -- current policy of the police department allows secondary employment with the exceptions and I went ahead and had legal review that, just because I felt that what we are going to talk about today under hiring a -- a third party hiring a police officer, it kind of fit into that whole realm, that whole thing -- that same policy. You probably aren't real interested in the policy itself on the beginning. What I really want to talk about is on page six and that's hiring of on-duty officers by a private party. And we talked about this some time ago and I can tell you that we have already had contact by five different entities this year wanting to hire police officers for events going on within the city. I'm in front of you today to present this other fine piece of legal document and if there is any legal questions I'll defer to Mr. Nary, who has left the room. If I can answer any other questions I will sure Meridian City Council Workshop May 11, 2010 Page 19 of 29 attempt to do that. We didn't recreate the wheel. What we did is we went as far away as Spokane, to Seattle, and some of our local agencies here in town to see what they do as far as hiring off-duty police officers and that's where we got the verbiage that's in front of you today. One of the things that we discovered is in places like Seattle it's just a little too big for us and so we had to -- to really kind of throw out what they said and most of what you see in front of you today is just taken from the city of Spokane in Washington state. So, it's not anything that we recreated or it's not something that we created on our own. So, with that, this would allow us to actually charge a fee for police services above and beyond what we are required to do in the city. And with that I'll take any questions. Bird: Mr. President? Zaremba: Questions? Mr. Bird. Bird: While I'd like to -- you know, I'd like to see us keep the fees as reasonably possible, I don't think your 40 and 50 dollar fees are -- if they at all cover our costs. Lavey: One of the things that we have done, Mr. Bird, is taking our fully loaded straight time fees and our fully loaded overtime fees and we did an average. But if you read the -- the proposal, it gives us the mechanism to actually either reduce -- or to return money or they have to pay us more money if our actual costs are higher. So, what we would end up doing was -- would be taking the actual wages of the officers and they would be paying the exact wages and these -- these -- Bird: You have equipment and everything else. Lavey: And these fees are what the rest of the valley is also charging. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: The way I read this they are still in Meridian's employment, so how does FLSA factor into this additional time they are going to be working in terms having to pay overtime? How does workmen's comp factor in? Is that going to be all factored into the cost? That's all part of your equation? Lavey: We have actually -- the only part that's not in the equation is the actual car. And we could actually take the car and break down the cost of how much that is. What we did -- we have done is we have taken every benefit that we pay into, the workmen's comp and retirement and everything else and that's all covered. It is an overtime base. We are charging -- these are overtime rates of officers and so they are already working over -- they have already worked their regular shift and they are working on an overtime basis and, then, these third parties are paying the overtime rates. Meridian City Council Workshop May 11, 2010 Page 20 of 29 Rountree: Could we not make it simpler by simply stating that in the ordinance, that employment of police -- Meridian police officer for extra-curricular activities will be compensated at their appropriate overtime rate and all fringe benefits, including car and the requester will be billed that amount or do we have to tell them up front what it might cost them and so they can say yes or no? Nary: Mr. President, Members of the Council, I mean we certainly can do it either way. I mean we can certainly do that, where all we are telling them is you're going to have to pay whatever it is, but, realistically, like you just said, they are going to want to know what that cost is going to be. I think what our department and the police department -- police department is trying to accomplish was figuring out an average that would incorporate all that. They are going to be covered under work comp. If they are working an extra duty assignment in uniform, they are going to be -- they are going to be compensated -- they are going to be covered by work comp if they get injured. But they are being paid at an overtime rate. I think trying to get the average is, from an administrative standpoint, is going to be a lot easier to manage than trying to figure out each individual officer that's there and this one's making 19 dollars an hour and this one is making 23 dollars an hour and what the overtime rate is for this one or does that one add them up. I think -- I think on -- to be realistic, I think this average will probably be slightly, but I don't think significantly on the high side, which I think is, obviously, a benefit to the city to manage. There are, obviously, going to be occasions when you have a supervisor, depending on who the supervisor is, they may be a little bit low, but think it will balance out. I think administratively it's certainly easier to manage. Rountree: So, how does that factor in if -- in the situation where there is an officer, essentially on duty at a non-city event and not necessarily city activity, there is an altercation, whatever, and there is a claim against the city, is that factored into the cost that whoever is hiring this police officer is going to pay or is that on the city's dime? I mean I -- I'm not trying to get too wild here, I'm just trying to make sure that -- basically, they are still our employee. Nary: Right. And depending on what it is. I mean depending on what the circumstance is and the chief could probably add onto this, but depending on what the activity is -- I mean if you -- for example, if our officer is working an activity at R.C. Willeys, they have an outdoor event, they expect -- a wheel of fortune event and they expect a lot of people, so they hire an extra officer to be there, and a felony occurs, in the state of Idaho you can activate to address the felony that occurs and that's on our dime. That's our responsibility anyway. The fact that he happened to be there, because R.C. Willey hired him, it's probably not R.C. Willeys responsibility, because a felony occurred in his presence. If it's a misdemeanor and that's a policy that the officer activates himself to them when it becomes the city's responsibility versus the entity's responsibility. And that's, really, a policy issue and, chief, I don't know that that's addressed in this document or not. Lavey: No, it's not. We asked legal to forward this to ICRMP as well, so they could review it and make sure it's consistent with what they are seeing with the rest of the Meridian City Council Workshop May 11, 2010 Page 21 of 29 agreements, because we are not trying to do anything that isn't being done already and Mr. Nary is correct in that if an officer was off duty and observed the activity and self engaged is what we called it, we would be just as liable if he was there in uniform in a security role and decided to take law enforcement action. Now, where we would not be liable is if the -- well, where the reduction in liability comes in place is if the officer is doing something that would be either a violation of state law or a violation of department policy where we could reduce our liability, but ultimately we are still going to be stuck, because we are the ones that has the deep pockets and they are going to come after us, regardless of whether they were on duty or off duty. Bird: Mr. President? Zaremba: Mr. Bird. Bird: I would like to -- if I was the event person hiring, I would want to know up front how much this officer is going to cost me. It's like if I hire an electrician I know it's going to be 80 dollars an hour. Eighty dollars. That's a truck and him and his equipment. But we send a police officer out there with a car and adeal -- and I think you take off of your supervisor's -- you have one rate, your supervisor's -- where if you send a 19 dollar an hour officer out there, which I don't think we have any. I hope we don't. We just put a little more money in the coffer. But at least we cover whoever -- if the chief has to go out there or whatever. It's the same as electrical or any contractor, they figure their cost per that hour off of their journeyman or their -- whatever they are and if an apprentice goes, hey, that's just a little less. But I -- as an event guy, I would want to know up front what I had to pay. If I had a guy for eight hours, it cost me X amount of dollars. Zaremba: And I agree with that, because I have been on the event side of this many times and I know you didn't want to get into the temporary use permit discussion, which we will also have, I think, but -- Lavey: Oh, I don't have a problem with that. Zaremba: Oh. Okay. Lavey: I just wasn't bringing that in front of you today. Zaremba: All right. Just in my experience -- and I have gone all over the country hiring police officers for traffic control and pedestrian control and stuff when we do major transportation systems. Almost invariably they are off duty police officers who we hire through something that's usually called a police auxiliary board or something like that. I mean they are official police officers, they do wear their uniforms and they either have them with their motorcycles or their cars, but, one, we do know up front what we are going to pay for each and every one of them and -- because we have to bid to our client what all our costs are going to be, but they are clearly off duty, even though they are fully uniformed and using equipment and it's the police auxiliary agency that schedules them for us. We say we need six at this intersection for four hours and we need five at Meridian City Council Workshop May 11, 2010 Page 22 of 29 this intersection for ten hours and it isn't actually the city's police department that's supplying them, although I know there is a very close relationship, so -- Lavey: FLSA rules, regardless of whether you call them on duty or off duty, they are on duty. Zaremba: Okay. All right. Lavey: Because they are doing the same job that they are paid to do regardless. So -- Imean it's just -- it's semantics, but -- Zaremba: Okay. Lavey: -- as far as risk management, as far as workmen's comp and everything else, they are on duty. Zaremba: Okay. Lavey: But lunderstand -- and that's -- and I understand where you're at, too. It's a different way of regulating it, but we looked at it and they are already doing the same job they are paid to do, they are already on duty, we don't have a police auxiliary league to manage that, so it didn't make sense to go down that route. As far as what we charge them, I don't have an issue with charging them whatever we charge them.. We do have officers that make 19 dollars an hour, but not on an overtime rate. I'm not -- and this is where I have to defer to counsel, is I'm not sure someone's going to want to pay the overtime rate for a sergeant if they don't have a sergeant working there. One of the other things we could do is we could take the highest paid officer and use that rate and regardless of who they get -- and the highest paid officer and the highest paid sergeant and possibly do that, too. But I'm not stuck on any of this. This is just what the standard practice is around the valley, but I'm open to any suggestion. Rountree: It seems to me if you take the average, then, you kind of cut out those higher paid folks that might want to do overtime. So, if that's your intent, great. I don't know. Lavey: What we actually did is -- the figures that we had was 37 and 53 and we rounded up and it rounded down, so that's where you got the 40 and that's where you got the 53. So, they actually would be getting -- if we had the highest paid sergeant working they would actually be getting a little bit better deal. If they had the highest paid police officer working, they are still paying three dollars more an hour and we figured that would cover the cost of the car. That's where that comes from. Bird: If I'm an event guy, I have got 40 and a 50, I'm going to say I want the 40 dollar guys. Meridian City Council Workshop May 11, 2010 Page 23 of 29 Lavey: Well, no, that's why the rules say that for every three guys you have to have a supervisor and so you're going to get three guys for 40 and, then, the fourth guy is going to be 50 and, then, three more guys for 40 and -- Zaremba: That's not a surprise. Lavey: -- and the sixth guy for 50. Because that's exactly what I would do, too. Zaremba: Yeah. Lavey: And so we -- that's the rule we put in there is for every three officers you would have to have a supervisor. Rountree: So, I would eliminate the pay backs on -- Hoaglun: Mr. President? Rountree: I would eliminate the pay back option. You know, that's the flat -- that's the rate. Bird: Pay a flat rate. Just figure it up. Lavey: Well, one of the things that we could do, then, is we can re-examine the -- all the benefits -- Rountree: Sorry, Brad. Lavey: Oh. I will forget what I'm saying if I don't -- if I stop now. One thing that we could do is re-examine all the pay, all the benefits. I'll have finance do the double- checking on the figures to make sure that they are correct and, then, we could also bring that back to Council on the 25th as well and we can consider it. Zaremba: Okay. Rountree: And before we forget that money thing, can we -- if we do this can we establish that by resolution, so we don't have to amend the ordinance every time we readjust that every year with increases in salaries? Nary: The salaries aren't likely to go up more than five percent and we would have to do the rate charged by the city, so we would have to -- we would have to advertise it like any other rate that you charge for any other service -- Rountree: Over five percent. Meridian City Council Workshop May 11, 2010 Page 24 of 29 Nary: But -- for the first one, because it's new. Then, after that, unless the salary is going up beyond five percent, which I can't foresee that in the immediate future, you could adjust the rate annually without re-advertising and having a hearing. Rountree: Okay. Lavey: One of the things that we discussed also with Emily from legal was that maybe we could put this in with all the other public records, fees and everything else we charge, so when it's approved it's all approved at the same -- it's all in one place, instead of disjointed. Rountree: Good idea. Zaremba: Because the one that will get the questions will probably be the clerk's office. So, yeah, they -- they should have it. Mr. Hoaglun. Hoaglun: I just had a question on -- I don't know if special events would ever want an officer with -- a canine officer with a dog and -- does that fee cover that or is that going to be something different? Lavey: They probably couldn't hire that out. The specialty -- the canine is a specialty and we need it first and that would be one if the officers were working an event and they needed and they needed a dog and they called the dog in, it would be just like any other call that we were going to respond to, we provide that service. I don't want to have a dog stationed at say the speedway and they are not in use -- they are not in use or we are taking them out of use for the rest of the -- the rest of the city. I think it's acase-by- case basis that if a dog's needed there, the dog's going to be appropriate there whether we got officers working there or not. We will supply the dog. But I don't want to have one stationed there and where they can hire a dog. Hoaglun: Okay. So, for example, if someone is going to have a concert in the park and they said, you know, we really want this to be a clean concert, we can have a drug dog there, you're going to say we will take care of that. Lavey: Correct. Hoaglun: It's going to be -- okay. Lavey: Correct. We will do like a drive through or something like that. Zaremba: Thanks. Any other questions? Good plan. Thank you. G. Police Department: Discussion -Update on Discharge of Firearms Ordinance Meridian City Council Workshop May 11, 2010 Page 25 of 29 Lavey: Oh, I do have one more. I'm probably going to have to defer to Mr. Nary on this one. The last item I have before you under G is discussion on the update on discharge of firearms ordinance. This came in front of Council several months ago, several Council members made comments on it, and Emily took those comments into consideration and produced the documents in front of you today. Some of the things that have changed were taking out traps and there was some discrepancies on what were you trying to -- were you talking about traps as in trap shooting versus traps --field traps on the water. I think that's been cleaned up and removed. So, what we are asking Council to do is review that and see if there is any other corrections that stand out that need to be made and, then, if there are we will do that and if they are not, then, we are ready to push forward on this. Nary: Mr. President? Zaremba: Gentlemen, questions? Mr. Nary. Nary: Mr. President, Members of the Council, this -- as Chief Lavey said I mean this -- this came to you awhile back. This isn't related to any recent incidents that occurred. This is also being in compliance with the state code. There were some changes to the state code as to when discharges are allowed and what the cities can prohibit. The state legislature has made it very clear in a number of ways that they are the final say on firearms in the state of Idaho and what cities are allowed to regulate. So, our current ordinance is out of date with the directives from the state legislature, so this will bring us in compliance with that. In our recent incident that we had, the way our current state ordinance -- or, excuse me, our current city ordinance reads, may have been applicable in that circumstance of discharging a firearm in regards to a dog, but under the state code it wasn't -- it's clearly not prohibited under state code and the state code preempted our ordinance anyway. So, this brings us into compliance with that as well. I just think the last discussion we had with you, the issue or discussion really centered around what are allowed to be discharged in the city and what are not. And, again, this originally had come, if you recall, from the request last year to shoot arrows in the park as part of an activity under a temporary permit or a special event permit and finding that, in fact, that we didn't have anything regarding shooting arrows in the park and we really didn't think that would probably be safe and so this is something that really had stemmed from and that's why the concern. Zaremba: Mr. Hoaglun. Hoaglun: Just a quick question, Bill. I think they are smaller than four ounces, but those little rockets that science classes use and different things, those propellants, those are less than four ounces. Do you recall? It talked about dischargeable instruments, rockets having a propellant charge of more than four ounces. I know they can get some pretty big rockets, but most of those are fairly small. Meridian City Council Workshop May 11, 2010 Page 26 of 29 Nary: And, Council Member Hoaglun, I don't know the -- I don't know the specifics of why the four ounces was chosen, so I don't know the answer to that. We can certainly look into that before we bring it back for final -- Lavey: I can answer that. One of the things that Emily told me is that all the wording out of here is taken out of local ordinances and that's where they came up with the four ounce figure is it covers all those hobby rockets and everything that the kids do. You can do those. It's the people that, the professionals and stuff where they actually shoot rockets several hundred -- or not several hundred. Several -- yeah. Several hundred feet into the air where they are already violating FAA restrictions and everything else and so this would just be our ordinance to say, hey, you can't use those big rockets. But that's where we came up with that. Zaremba: I guess one question I would have that -- it's a misdemeanor to violate this, but one of the things that brings it to mind is the Fourth of July when people all over the country shoot guns into the air and, then, the bullet comes down and hurts somebody. If -- if we could prove that somebody's violating this -- kills somebody, would -- does that fall into a different category or -- Lavey: That does. That would fall into a felony and you could actually be charged with that. Zaremba: And we don't have to specify that here. Lavey: Minimally would be unintentional or involuntary manslaughter would be the -- would be the minimum and, then, if you could show that they -- they knew what they were doing and disregarded this, then, it would be voluntary manslaughter and up the line. But, yes, you would -- you can't do that anyways. Zaremba: Okay. So, this doesn't prevent somebody -- Lavey: No. Zaremba: -- with being charged with that if they were -- okay. Good. Any other questions or comments? Rountree: So, this would prohibit a paint ball enterprise inside a building? Lavey: This would -- this would prohibit a paint ball outside. If you were an authorized business you could do that. Nary: Council Member Rountree, in subsection two, if you think it's -- you need to clarify that if it's an indoor facility that the paint ball -- because we had it for firearms that discharge there or shooting ranges. If we wanted to make it clear we could certainly add paint ball facility that lawfully occurs or something like that, so it's not at somebody's house, it's a paint ball facility. Meridian City Council Workshop May 11, 2010 Page 27 of 29 Rountree: Yeah, because Idon't -- what's covered by that sports shooting range? Are bow ranges included in that? Nary: I believe so. Rountree: Is the range that Cabela's could have inside covered by that for bows? Obviously, they don't discharge firearms, but -- I know I can't shoot my BB gun in my garage. Lavey: Mr. Rountree, the intent is not to take those away, so if we need to write it in a manner that it's more clearly understood, other than -- what does it say? And other permitted uses. We can sure spell that out, because the -- the intent would be is if you are doing an authorized practice in a safe facility. That's what we want, whether it's a paint ball facility, whether it's an archery range, whether it's -- Bird: Rifle range. Lavey: -- a rifle range, it doesn't matter to us, it's -- it would have been designed to do that safely. We don't want the person that's actually trying to shoot his rifle in his backyard to -- whatever we need to do to make it clear. Nary: And, Council Member Rountree, the sports shooting range, that's identified in the ordinance 55-2604, subsection three, says in areas designed and operated that's used for rifle, shotgun, pistol, silhouettes, skeet, trap, black powder, archery, or any other similar sport shooting. Rountree: So, in those establishments that might have an archery range, that's something that we need to remind them to -- to identify and establish as defined by state statute in order for them to do it. Nary: Yes. And I think probably to help be clear as well, if we are going to add a paint ball facility that's lawfully approved or something to that effect. Rountree: Yeah. Nary: We would probably want to make sure we used the same language that, again, somebody is not going to claim my house is a shooting range, because -- Rountree: Yeah. Yeah. Lavey: And it should also be the same language we use when we review temporary use permits and -- Nary: Right. Meridian City Council Workshop May 11, 2010 Page 28 of 29 Lavey: -- everything else. So, maybe a temporary safe facility to do that in. Rountree: Because you know it's going to happen. Lavey: We will see it. Rountree: Yeah. Zaremba: A lot of work. A lot of updates. Lavey: Mr. President, Council, I am happy to say that we are done. Rountree: Very good. Item 7: Other Items Executive Session per Idaho State Code 67-2345 (1)(c) - To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Amended Agenda to Include (~ - (to consider and advise its legal representatives in pending litigation) Zaremba: Thank you very much. Appreciate all the information and moving through it swiftly as well. Gentlemen, last item on our agenda is an Executive Session. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I would like to amend the agenda and -- Zaremba: Okay. Rountree: On this next item and have (f). Is that legal? Nary: Per legal you're talking about litigation? Rountree: Litigation. Nary: Yes. Rountree: Okay. Mr. President, I move we go into Executive Sessions per 67- 2345(1)(c) and (1)(f). Bird: Second. Meridian City Council Workshop May 11, 2010 Page 29 of 29 Zaremba: We have a motion and a second. Madam Clerk, we need a roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:15 p.m. to 8:39 p.m.) Zaremba: All right. I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: ALL AYES. Rountree: Move to adjourn. Hoaglun: Second. Zaremba: Motion and a second. All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Zaremba: We are adjourned. MEETING ADJOURNED AT 8:39 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~ 5 ~ a~ ~ ~~iy DATE APPROVED ``\~~ ~, ~ 11 I t t l t f,,,,, ~' ~' oR~Ar 4`f~T: O~/ `~ JA CE . HOLMAN, CITY CLERK SEAL p - ~C~~ ,~O.fM ~; 9~ sr ~s~ ~~'%,,~CDUNT~ • ~~~~~'~ ~fflftt!I1i11111 Meridian City Council Meeting DATE: May 11, 2010 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: Purchase Agreement for Bittercreek Liff Station and Pipeline MEETING NOTES ~~~~ CLERKS OFFfCE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS V /~\ PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE THIS PURCHASE AGREEMENT is made this day of , 2010, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and JLJ Enterprises Inc. hereinafter referred to as "DEVELOPER", whose business address is 1560 Carol Street Meridian Idaho 83642 INTRODUCTION WHEREAS, DEVELOPER owns land outside the corporate limits of the City of Meridian and desires to construct the Bittercreek Lift Station and approximately 25,000 feet of Sewer Pipeline (shown on Exhibit "B"), WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY has assigned the construction of said Lift Station and Sewer Pipeline to the DEVELOPER to construct the said Lift Station and Sewer Pipeline, subject to all conditions hereinafter provided by this Agreement; n WHEREAS, pursuant to that assignment the DEVELOPER publicly bid the project and awarded the contract to Eastern Oregon Construction (EOC); WHEREAS, the DEVELOPER and EOC have severed their contractual relationship; see Exhibit «C,,, WHEREAS, the parties have entered into a purchase agreement for the existing infrastructure and City wishes to pay all current soft costs, indicated below, to remain current with the City's obligation to Developer for the Project; WHEREAS, the City has purchased the existing materials that have been procured for the express purpose to use for the construction of the remaining sewer pipeline necessary for the completion of this project; NOW THEREFORE, in consideration of the foregoing premises and subject the following conditions, CITY and DEVELOPER hereby agree: ''~`` PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 1 of 13 TERMS AND CONDITIONS Scope of Purchase Agreement: 1.1 DEVELOPER a. Developer shall maintain the performance bond for the work that is paid for by this agreement until the City grants a release in writing. Developer shall be required to execute at the request the city the performance bond at any time for any reason. 2. PAYMENT A. Fiscallmpact: Proiect Costs: (Exhibit "D") Soft Costs $33,746.33 ~-~. Contingency $11,632.50 Total (Not to exceed amount) $46,706.42 B. Payment will be processed by City to the approved escrow agreement. (See Exhibit "A"). C. Developer shall not pay or instruct Escrow Company to release any retention without receiving a written notice by City. 4. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Ph. (208) 888-4433 '~~ PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 2 of 13 JLJ Enterprises Inc. 1560 Carol Street Meridian, Idaho 83642 Ph. (208) 955-6655 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 5. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 6. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 7. Assignment: It is expressly agreed and understood by the parties hereto, that DEVELOPER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 8. Termination: If, through any cause DEVELOPER, ,its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to DEVELOPER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. DEVELOPER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 'y`` PURCIiASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 3 of 13 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by DEVELOPER under this Agreement shall, at the option of the CITY, become the City's property, and DEVELOPER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, both DEVELOPER and the CITY shall not be relieved of liability to each other for damages sustained by either party by virtue of any breach of this Agreement. Either party may seek any remedy as allowed by law or this agreement including but not limited to executing on any performance bonds that may exist for the completion of the contract. This provision shall survive the termination of this agreement and shall not relieve either party of its liability to each other for damages. 9. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 10. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney's or the ~ opportunity to seek such advice. 11. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 12. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 13. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. '~ PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 4 of 13 BY: TAMMY de WEERD, MAYOR Dated: Attest: JAYCEE HOLMAN, CITY CLERK Department Approval BY: .DAME: TITLE: Dated: Approved as to Form CITY ATTORNEY DATE PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 5 of 13 . •} Exhibit "A" PioneerTitleCo. GGi1NG BEYf}PtD 8151 W, Rifleman Ave. /Boise, Idaho 83704 /(248) 377-2700 CONSTRUC'CION DISBURSEMENT INSTRUCTIONS Developer JLJ F.ntetprises, Ino. Escrow No.: 408 S loitond, #103 Engle Idaho 83616 Contractor. Pastern Oregon Cottstrtctloit, LLC r Date; July 30.2009 F,O. $oX t,40.Onttrio Oirtton 97914 Administrator CrtyofMendian Project. Bitter creek Lift Station To: PianeerTitin Company of Ada County JLI Eatetlulses, Inc., herohnfter referred to as "Developer", Raatorn Oregon Conattuction, LLC, hereinafter referred to as "Contractor," and City of Merldlaq, hereinafter referred to a3 "Admirdsdiamr" (Collectively nfetred to sa the "Patties" ~ hereby Instruct Pioneer Title Company of Ada Cottaty, hereinafter referred m as "Pioneer," as escrow agent as follows: WHEREAS, The Develops, Contiaotor and Adtniitistator have enterod Into a constttction agreement, which is aCached hereto cod made s part of by inference, in connection wilt rho constuctioa on the following destafbed project: Project: Bitter Creek Lift Station WHEREAS. Thp Parties desiro Esuow Holder to disburse the fimds set fiordr in the construction agreement upon the tams and conditionu hereinafter set fort1G NOW THEREFORE, In consideration of the mutual covenant, conditions and promises herein contained, the parties hereto. do hereby agree as follows; 1. From time m time the Parties will submit the funds for disbursement m the Escrow Holder: 2. Contactor shall. submit a draw request to the Developer for approval which will oonttiu fnvolces with the addresses and phony ntaabecs for each entity to receive Rrds. Developer will review said request and forward to Atlministator, for final approval. Administator will havo final approval and will be the party to authorize and instruct, ht writing, Escrow Holder to disburse Rinds. 3. Escrow Holder will disburse to each subcontacior, supplier and/or t3eneral Contractor, their respective Rinds u set out in the instructions $om Administrator. 1'scrow Holder is instucted to obtain lien waivers on all checks disbursed, unless otherwise directed by Administrator. The parties convent sad agree with each other as follows: Faeroes Holder assumes ao liability to the Parties for labor err mechanic's Uen claims, except and to the extent that Escrow Holder fails to perform their obligations in accordance with this Agreement. It cs expressly understood that Pioneer is acting solely as a disbunsemen[ agent and shall havo ao responsrbility for my construction inspections of any kind, err for assuring the correctness of aqy billing from any wbcontractor or supplie , or for any Breeds disbursed to the Contactor, subcontractors and/or wppl{ers. And fiuther, that Escrow }colder assumes no responsibility for the completion of wnstruction or the wor[ananship performed. ~•"~ Escrow Holder shalt sot be liable to the Parties for any loss err damage except and to the extent that Escrow Holder fails to disburse in accordance with these Instructions. page 6 of 13 ~~ The Pardee aclonowledge that all Bends deposited with Escrow Holder shall 6e deposited into a Trust Account and SEIAL[. NOT earn interest .~"'~. The disbutsemant fee shell be.SSt)0.00 aad will be paid at the tEtpe the 61a is act up or at We 6tst draw. Fee b based oti draw being made once a month., Escrow Holder reserves the right to make an additional charge in the event. that say changes are made is these instructions. in the event of aqy disagreeattent Betweat the parties hereto or any parries interested herein, t+esulting in adverse demands being made on Pioneer, Pioneer shall.be entitled to refwe to oompiy with said demands so long as such disagreement eaciafs sad, jrt so refltsing, Pioneer may reRisn to deliver airy ttionies iavotved with this escrow. Fut6tog {n the event of auc6 distigreatnent, Piot-eer shall have the right to employ counsel to advise andlor suit or action brought ttli'bcdttg this escrow includin but not limited to en in leader potion brow it in aqy and rite parties hereto ogres to be o ~ g _ ~ t'~ by Ptoneer, Piorreer In connect[on herewAh and, p~ danandj forthwith pay dw sdmo o P3oneeri ~ or ftics incamd by DEVELOPER CONTRACTOR East . Otago``~~JJ Cons oa, LLC ~~e:~!9 ~. BY; ,~ page 7 of 13 City of e ` 'an is P ar~,te~r~lG ~1?/.~ttcad,C~ ~~ ~'"`v ~ I~ o w tl I "t. wo m~ O am m <.._ s a a, r ~ c~~ . ~ ~ ~ ~ ~ x ~~o~ ,.,rte, 0= ~.o~, ~a t~ Z ~m~~ ~Op ~ n _mx Z~zrm-gym ~~~Z~o_~ o Z m ~ 'i1 00 c°oDD ~ ~ 0 o ~ ii D _~ C")-I O Z LLSEfdK.Y KYY,&y~a.,,.,. ss~~x.g~pv"~4~~YSE? ; 6~ r. ~~~~g~g a$S~~ ~ ~~ Mr~ ~ g g ~ ~~ ~g -~~~ 3~ a CH2MHILL SITTER CREEK LIFT STATION AND PIPELINES PROJECT ft GENERAL .~ VICINITY MAP, LOCATION MAP, MERIDIAN WASTEWATER w. wr[ r~vwoN ar LIST OF DRAWINGS CITY OF MERIDIAN, IDAHO ioi:aiZOOa ie:~s Pez ZOda4sSZdt Rletulfl G 6oedmm none ~CtOtiCI ~ Z~ Ia00Z s 1"l:rlVl ,lam , Code PBR~INB CQIB 80IFAZ EXHIBIT' oG'" BY FAC81~.~5 AND CERTI'Bl'R~D DdAIL f+!-vYlstm4!!we ~6pt sma sa- ~m RitYTbB. C~ZM ~• TlmLendGmup,Inc do Pea3a Robinson do Dansmaer 322 B. Front i~ S'edto 200 462 B. Sftoto>~e„ Suibe 100 Z08.345.5315{tsgsfnrilo) 208.939.4445 (f~eaimile) ^ ~ z. Jae J.L~J Btderpr3sa8„ Ina. ls6o carol street . m s3saa T,08.4,5t$.6656 (~mile~ RBer Bluer ~ Lot 8tatlou .ad Pipalinl~ Project PTOZTC'E OF ]N ~O ~&RMINATE (lenntlamert; Please be sdnl~d. ~ 4nlest Sastem Oiegafz X04 I.LC ("IOC") Tne7eivice !~ peyaeeni Of its lid end seoca~d Applioatioms #br Payment (dte'Appliwtiarn^~ try 4atober 30.2009. ~C intenas to eaetr~a lt9 ~t t4 ~ ca~aotian Ag~r.~uent botaveea J.i,.~. gym, Iaa. ("Cwao~'} ead 80C nelatlog to tbo BittarC~aek Lib 8lation and PIpoJlaes ProJeot ('Pcojec~ p~nnnant m $eations 15.04.Aa wcd/or 13:04.A.id oftlso A~ocaant General Coaddiafe. Tlie Eater (CE12M H~L and 6~o Land ~uP~ ~ i~ m oat oa, and/or Owaer 6es Su1ed m pay bout Appllaations wlsfalt are past due pcasuant to the Ikogcess Peymetlt praviaiaae set Forth is $ertioa 14 of dte ~gnoaffe!!t (Ieneanl Cnndldone: EOC Jiaa Oam4plied ~vtffit all pcvgresg Payment Pntt~duros sod timely svb~aittod the A,ppltcatfoas to the End oa Au~st 19 and 3epbarlber 19, 2009. dY Pussoant to Section sfasooeuruo~tt~~~n i Ap~aoRACe • efutNO • lcu~vuf . aotlta • eNluelo . olavle • wf ANOraI,!! . uaolfow AlfNtp IARf: • -HOlMtlf • IORfLANO • !AA MRAACttto • flATilR • lNANONA! • WAlNIN6SON. 0.C ~~~ ! i i i I !! i PURCHASE AGREEMENT AND PROGRESS PAYMENT FOR BTTTERCREEK LIFT STATION AND PIPELINE, : page 9 of 13 . ioiasizooa seas gez Poaaaaasss r ~_$ ~~~ ~IDooa October 23, 2049 ARga 2 BOC wouldpm~ar nAt oo use ita to tta~aate 9:e Agraemevat twd oo~te aeeisdng the ~ H~~ ~ Mea~tdiea to reach ea amicable ieeolutiam of tiie iasuea between tl:am, tl~o A~coorRe3:t b do so. BOGS BOC n~ustpmted lte i and ao~isC im rlgbb under oatabe~r30,2009d~fna. Pt aotaBOCsutd ~w7j6e'roc~Ivedbythe ~ ~ ~~~,~ Appn to the I3gC renewer its right and t+e~odiea with mgard to all otltar relicf available under the A~ea:oat and at law. incladl~g but not limned to necovmy of the Cleim presented in mY latter ot'Ootobmt 13, 2009 and TAP of sli cow noel related itaans set ~ in 8eotlon 15.03. Stnoeiely, /~/ lftic~eed tw Boatdma~a R+cz~:~ ~: S~illiata I~.AfG Nary. NY [208.8848723]) Westaa Watatdn {by end . stepben t3ledh0l (by eToail) 6~-0O4~IGad1L171~l9a7d r~ i i 1 PURCHASE AGREEMENT AND PROGRESS PAYMENT FOR BITTERCREEK LIFT STATION AND PIPELINE, page 10 of 13 ~. r-~, JLJ Enterprises, Inc, 1560 S. Carol St Meridian, ID 83646 Description Est Amt General Requirements 46,200.00 Asphalt Pavement 157,344.00 21 PVC Gravity Line 106 800.00 Manholes Z 1,700.00 Common Excavation 48,808.00 Subtotal -Base Contract Amount I,403,866.00 Ct3ti1 6,487.00 Subtotal -Change Orders 6,487.00 Subtotal -Construction Cost 1,410,353.00 3% Management (Payable to JLT) 42,310.59 Engineer's Bid Administration 2,405.62 Engineer's Constr. Admin. 6,617.95 Reproductions 669.08 Contingency (59'0) 70,496.74 Subtotal -Soft Cost 122,499.98 Subtotal -Construction Cost and Soft Costs Exhibit "D" Prior Amt Invoice Date Invoice # 12/7/2009 BC-1 Terms Protect due upon reciept Bittercreck Lift Station Prior % Curr % Total % Amount 77.3096 77.30% 35,710.20 40.36% 40.36% 63,504.00 100.00% 100.0096 106,800.00 100.00% 100.0096 21,700.00 45.60% 45.60% 22,254.00 17.81% 17.81% 249,968.20 100.0096 100.00% 6.487.00 100.00% 100.00% 6,487.00 18.18% 18.18`i; 256,455.20 26.11% 26.1196 11,045.86 100.00% 100.0096 2,405.63 t20.78% 120.78% 7,993.26 100.00% 100,00% 669.08 16.50% 16.5096 11,632.50 27.55% 27.5596 33,746.33 290,201,53 Total $290,201.53 Payments/Credits ~_243,49s.11 Balance Due $46,706.42 page 11 of 13 ~ JI.T Enterprises, Tnc. 1560 S. Carol St Meridian, ID 83646 To: City of Meridian 703 Id: Maio St. Meridian, ID 83642 r"'. Statement Date 4/15/2010 Amount Due Amount Enc. $46,706.42 Date Transaction Amount Balance 03!15/2010 Balance forward 4b,706.42 CURRENT 1-30 DAYS PAST pUE 31-60 DAYS PAST DUE 61.90 DAYS PAST DUE OVER 90 BAYS PAST DUE Amount Due 0.00 0.00 0.00 0.00 46,706.42 $46,706.42 na>se 12 of 13 W N a ~ o ~ w O Gi -i WtoWOOOu _°= ='.=- ~ o ~ F ~ ~ ~ w ~ ~ 2 ~~~~N~ °°°~~~ i i i NAWi . A 1 aaaaaa ss.~a~~ «oo« ~~~~~~ ~~~~~c~ ~. ~. ~ ~ ~~~~~~ _~ -- . ~~ ~~ ~~ ooNNN S8~g~ ana>Da ~~~~~~ ~~~a~~ i J J p.A~ W pJ~ W i i ~ i ~ .y ~a ~ [uW~ ^' N ~ ~ 1 _ ~y `~ ~ ry S ~ U t Ut (!1 V OOS~SS J J J "~ i i i i i 1 i ~ (p ~ N N rT j w ` ~ ~ Q ~ y y }~ j = V V' j V J SY~ j~ /Y(~~ ~ O S S O O page 13 of 13 ~ W ~. -~ F' ~Q~~ ~ ~ ~ ~~ ~ m Z v~ ~i 8 A ~ ~ ~ c° `" m ~ "F ~ A -~ ~ __ •v ~; C3' N 0 7C' ~ ~~~ a~ Meridian City Council Meeting DATE: May 11,.2010 ITEM NUMBER: 4B PROJECT NUMBER: ITEM .TITLE: Second Amended Bi#tercreek Meadows Agreement for Sewer and Water Service MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C~~r ~~~ •. SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE THIS AGREEMENT is made and entered into this day of , 2010, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and JLJ ENTERPRISES INC. or assigns, as hereinafter defined, BITTERCREEK, LLC, or assigns, as hereinafter defined, and, the BITTERCREEK MEADOWS HOMEOWNERS ASSOCIATION, hereinafter referred to individually or collectively as "SEWER/WATER USER," Developer, or HOA. This is the second amended agreement between the parties. The prior agreements entered into October 4, 2005 (Agreement 1); and entered into May 16, 2008 (Agreement 2). THE PRIOR AGREEMENTS BETWEEN THE PARTIES ARE INCORPORATED BY REFERENCE AND ARE STILL IN FORCE UNLESS SUPERSEDED OR MODIFIED BY THIS AGREEMENT. 1.. RECITALS: 1.1 WHEREAS, "JLJ Enterprises Inc. and Bittercreek, LLC" are the developer of certain tract of land in the County of Ada, State of Idaho, more particularly ~"~ described as the amended plat of BITTERCREEK MEADOWS SUBDIVISION, according to the official plat thereof recorded on the 27`" day of June, 2006 in Book 95 of plats at pages 11732 through 11735, as instrument No. 106102994, hereinafter referred to as the "Property"; and 1.2 WHEREAS, CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and JLJ ENTERPRISES INC. or assigns, as hereinafter defined, BITTERCREEK, LLC, or assigns, as hereinafter defined, and, the BITTERCREEK MEADOWS HOMEOWNERS ASSOCIATION have previously engaged in Agreements to provide Sewer and Water Service to Bittercreek Meadows subdivision; and 1.3 WHEREAS the parties have engaged in two (prior) agreements (1) the original Memorandum of Understanding between JLJ Enterprises, Inc. and the Bittercreek Meadows HOA and the City of Meridian approved by the City of Meridian on or about October 4, 2005. This agreement is only represented for historical purposes. This agreement was superseded by Agreement 2 and (2) the Amended Bittercreek Meadows Agreement for Water and Sewer Service approved by the City of Meridian on or about May 16, 2008. 1.4 WHEREAS parties desire to agree to this Second Amended Agreement again to address the changed circumstances since Agreement 2; and 1.5 WHEREAS the parties wish to resolve any disputed claims between the parties without any finding of fault or blame attached; and 1.6 WHEREAS the parties wish to separate the two projects and allow the City to complete the sewer portion and for JLJ Enterprise Inc. to complete the water portion of SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- i ~.. ~"~ the project independent of each other; and 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "Agreement 1 "means the original Memorandum of Understanding between JLJ Enterprises, Inc. and the Bittercreek Meadows HOA and the City of Meridian approved by the City of Meridian on or about October 4, 2005. This agreement is only represented for historical purposes. This agreement was superseded by Agreement 2. 2.2 "Agreement 2" means the Amended Bittercreek Meadows Agreement for Water and Sewer Service approved by the City of Meridian on or about May 16, 2008. This agreement superseded Agreement 1. Idaho. 2.1 "City": means and refers to the City of Meridian, County of Ada, State of 2.2 "Sewer/Water User": means and shall refer to JLJ Enterprises Inc, a, and/or the person who is the developer of the real property, the current HOA, and individual ~ homeowners. 2.3 "Developer": means JLJ Enterprises, Inc. and Bittercreek, LLC or their successors or assigns. 2.4 "Real Property": means and shall refer to the 24 parcel(s) of real property located in the County of Ada, City of Meridian as described in the Amended Plat of Bittercreek Meadows Subdivision as recorded in the land records of Ada County, Idaho at Book 95, Pages 11732 and 11733 and by this reference incorporated herein. 2.5 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.6 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. system. 2.7 "Sewer/Water System": means and shall refer to the City's Sewer/Water ,..~ NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 2 ~ 3 • INCORPORATION OF RECITALS: That the above recitals aze contractual and binding and are incorporated herein as if set forth in full. 4. PROVISIONS OF SEWER AND WATER LINES: 4.1. SEWER SERVICE 4.1.A In Agreement 2 the parties anticipated the construction of the pressure sewer line and water line extension to be completed jointly by December 31, 2009. The parties now must separate the projects with revised start and completion dates. The parties now agree to extend the completion date of the sewer project to Mazch 31, 2011. (See Agreement 2, Section 4.2.G.) 4.1.B. In Agreement 2 the City anticipated assigning the sewer portion of the construction of the joint project to the Developer. The City hereby revokes that assignment and will construct the remainder of the sewer lines through its own means. There are no shared costs of this project any longer. (See Agreement 2, Section 4.1.D.) 4.2. WATER SERVICE .-~ 4.2.A. In Agreement 2 the Developer was responsible to install a water main and accompanying water line extensions at Developer's sole cost in coordination with the City's sewer lift station and line extension project eazlier noted within 12 months of approved and permitted plans but by no later than December 31, 2009. The parties now agree to extend the date of completion from December 31, 2009 to six (6) months from substantial completion of the sewer line project (not lift station substantial completion) but no later than June 30, 2011. (See Agreement 2 -Section 4.2.G.) 4.2.B. The parties agree that the projects do not need to be coordinated jointly. Each party is free to complete their assigned projects independently. 4.2.C. If Developer wishes to coordinate the water main and water line extensions with the City's sewer line project he must provide a performance completion bond to the City for the installation of the water main and accompanying water line extensions by June 1, 2010. Failure to provide a performance completion bond by that date shall be a bar to coordinating the projects jointly. 4.2.D. If the Developer wants to be reimbursed for the project pursuant to the City's ordinance then a request and Reimbursement Agreement must be completed prior to the start of construction. The Developer shall enter into a reimbursement agreement with the City in accordance with the ordinance in effect at the time of the execution of the agreement and prior to the start of construction. 4.2.E. Developer withdraws his Notice of Default filed by his counsel of record on or about March 11, 2010. The City and Developer mutually waive any additional claims, if SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 3 ~ ~ any, against each other, that may have arisen or exist prior to the execution of this Agreement as it relates to this property. 5. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. Either party shall be entitled to reasonable damages including attorney's fees. 6. REMEDIES: 6.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or JLJ Enterprises, Bittercreek, LLC, Bittercreek Meadows Homeowner's Association, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include those provided pursuant to the ordinance regulating and controlling the use of the City's Sewer/Water system presently codified as Meridian City Code §9-4-26 and §9-1-16 and any subsequent ordinance or any parts thereof which empower the City of Meridian to govern the Sewer/Water system. 6.2 In the event of a default, written Notice of Default shall be served and defaulting„party shall then have thirty (30) days after delivery of notice of default to correct the ,.~-~ same before the non-defaulting party may seek any remedy provided for herein. Notice of Default does not excuse performance of the balance of any terms and conditions of the Agreement unless the default is such to negate continued performance. 6.3 In the event the performance of any covenant to be performed hereunder by either "JLJ Enterprises Inc." or "City" is delayed for causes which aze beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, third party or outside agency delay, the time for such performance shall be extended by the amount of time of such delay. "Time of delay" as used herein is to be defined by the party suffering the delay. 7. NOTICES: 7.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: PROPERTY OWNERS: City Clerk JLJ Enterprises Inc. City of Meridian &Bittercreek, LLC 33 E. Broadway Ave. ,...,,~ Meridian, Idaho 83642 and SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 4 Rob McCarvel 3891 Daisy Creek Street Bittercreek Meadows HOA President Meridian, Idaho 83642 with copy to: Public Works Director City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: Trout, Jones, Gledhill, Fuhrman, and Gourley P.A. Attn: Stephen J. Gledhill P.O. Box 1097 Boise, ID 83701 7.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 7.3 City and Developer agree to advise current residents and owners within Bittercreek Meadows of the Agreements herein, and HOA agree to modify as necessary, the Conditions, Covenants and Restrictions of Bittercreek Meadows to effect the terms of this Agreement. 8. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. Any extension of any time lines may be for by acts of God, war, delays beyond control of the City, delay caused by third parties and/or agencies. SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 5 10. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 11. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. 12. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between JLJ Enterprises Inc., Bittercreek, LLC, and Bittercreek Meadows ,.-~ Homeowner's Association and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between JLJ Enterprises Inc. and "City", other than as are stated herein or the exhibits or agreements referenced herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". 13. TERMINATION: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 14. EFFECTIVE DATE: This Agreement shall be effective at such time as all parties have executed this Agreement. SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Dated this day of 2010. PROPERTY OWNER .~ JLJ Enterprises, Inc. By James L. Jewett it's President Bittercreek Meadows HOA By Rob McCarvel, it's President CITY OF MERIDIAN MAYOR TAMMY DE WEERD By: ATTEST: JAYCEE HOLMAN, CITY CLERK SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- ~ ~< ~ STATE OF IDAHO ) County of Ada . ss. undersigned, a N tary Public, personally appeared, JAMES L. JE1WETT known0o bedfore me, the me to be the President of JLJ Enterprises Inc., Managing Member of Bittercreek, LLC. ntified to IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) County of Ada . ss. On this day of , in the year 2010, before me, the undersigned, a Notary Public, personally appeared, Rob McCarvel, known or identified to me to be and President of Bittercreek Meadows Homeowner's Association, who executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 8 STATE OF IDAHO ) . ss. County of Ada ) On this day of , in the yeaz 2010, before me, the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City 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. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 9 Meridian City Council Meeting DATE: May 11, 2010 ITEM NUAABER: 4C PROJECT NUMBER: ITEM TITLE: Agreement for Extension of Domestic Wa#er and Sewer Service Ou#side Meridian City Limits: 2990 S. Eagle Road, Parcel No. 51 1 21 336251 MEETING NOTES n CLERKS OFFICE FiMAL ACTi4N DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~'~P~o~ ~ ~+~- .. .. -.. .. •• • .... •.•. •.•V .~1•IV V1.1 .VV BOISE IDAHO 05/12110 03:09 PM~ DEPUTY Bonnie Oberbillig III I'II'II~II'III~~I'~IIIIIII'I I'I'II RECORDED-REQUEST OF Meridian City i i ~0439t~ AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE ~ OUTSIDE MERIDIAN CITY LIMITS: 2990 S. EAGLE ROAD This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this /~~day of ,~ , 2010, by and between the City of Meridian, a municipal corporation organized un er the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Arlis Baughman, whose mailing address is 1215 S. Eagle Road, Meridian, Idaho (hereinafter "User") (collectively, "Parties"). WHEREAS, User is the owner of parcel number 51121336251, located at 2990 S. Eagle Road, Meridian, Idaho Ada County, Idaho, as depicted in Exhibit A hereto (hereinafter "Subject Property"), which real property is located outside of Meridian City limits; WHEREAS, the City is authorized by Idaho Code section 50-323 to develop, operate, and maintain a domestic water supply, and to protect the same from contamination, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian City Code; WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; WHEREAS, in or about March 2010, a roadway project by the Ada County Highway District ("ACHD") necessitated disconnection of the septic system from the residence at Subject Property and disconnection of the private water well at Subject Property for domestic purposes, in turn requiring User to connect the residence at the Subject Property to the City water and sewer systems; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. DEFINTIONS. For purposes of this Agreement, the following words, terms, and phrases shall be defined and interpreted as provided herein, unless the clear context of the presentation of same requires otherwise: A. "ACHD" shall mean the Ada County Highway District, a public body corporate and politic, organized under the laws of the State of Idaho, whose address is 3775 Adams St. Garden City, Idaho 83714. ~''` B. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits. AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2990 S. EAGLE ROAD PAGE 1 OF 5 C. "User" shall mean Arlis Baughman, the sole owner in law and equity of Subject Property as of the Effective Date of this Agreement, whose mailing address is 1215 S. Eagle Road, Meridian, Idaho. D. "City" shall mean the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho. E. "Parties" shall mean, collectively, City and User. F. "Subject Property" shall mean parcel number 51121336251, located at 2990 S. Eagle Road, Ada County, Idaho which, as of the Effective Date, has not been annexed into the City of Meridian and is therefore outside of Meridian City limits. II. COMMITMENTS BY CITY. A. Provision of Services. At all times relevant hereunder, City shall provide sewer and water services to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. B. Billing. City shall bill User monthly for sewer and water usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and ~, practices of the City of Meridian. C. Recordation. City shall record this Agreement, and shall submit proof of such recording to User. III. COMMITMENTS BY USER. A. Payment for City services. User shall be responsible for ensuring that ACRD fulfills its obligation to pay to City any and all costs related to sewer and water infrastructure construction, materials, and connection, including, but not limited to, hookup, assessment, meter installation, and inspection fees. In the event that ACHD fails to pay such fees or any portion thereof, User shall pay all such outstanding fees to City and may seek remuneration from ACRD at User's election. Upon connection to the City's sewer and/or water system, User shall pay to City all applicable fees and costs for sewer and water services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City ordinance. The exclusive remedy for disputes, objections, or appeals regarding such fees and charges shall be appealed to the Board of Appraisers under the procedure set forth in Meridian City Code. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. ~,,,~ B. No cross-connection. User shall abide by and comply with any and all applicable provisions of law, which shall specifically include, but shall not be limited to, compliance with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2990 S. EAGLE ROAD PAGE 2 OF 5 n subsequently adopted, which prohibit the installation and/or maintenance of a cross- connection to the City's water system. This provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. C. Consent to annexation. User specifically agrees that, as a specific consideration of City's willingness to enter into this Agreement, User shall, and hereby does, provide perpetual consent to annexation of the Subject Property into the City of Meridian. This provision shall comprise evidence of User's consent to annexation and shall be binding upon all subsequent purchasers, heirs, or assigns of the Subject Property. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. D. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all sewer and/or water pipes, connections, and related infrastructure. Except as to routine meter readings or in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide User at least twenty-four (24) hours prior notice of such entry; such notice may be verbal or written and may be posted at the Subject Property. IV. GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non-defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non-defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited to, termination of sewer and/or water service to User, to any successor(s) in interest, and/or to any sewer or water user located on the Subject Property. C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2990 S. EAGLE ROAD PAGE 3 OF 5 ~ User: Arlis Baughman 1215 S. Eagle Road Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. D. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. E. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. F. Severability. If any provision of this Agreement is held invalid by a court of competent ~ jurisdiction, such provision shall be deemed to be exised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. G. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. H. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. I. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in r.,\ enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2990 S. EAGLE ROAD PAGE 4 OF S n J. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. L. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WIT ESS WHEREOF, the parties hereto have executed this Agreement on this day of ~ , 2010. Arlis Baughman ..._ ~.~ STATE OF IDAHO ~ ) ss: County of ~2 ~ ~ ) I HEREBY CER Y that on this ~ ~ day of / r' before the undersigned, a Notary Public in the State of Idaho, personally appeared ARLIS BAUGHMAN, proven to me to be the person who executed the said instrument, and aclrnowledged to me 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. Notary Pull c for Idaho ~ /, ,,~ f Residing at ~~~~~ ,Idaho My Commission Expires: ~/1 y / I CITY OF MERIDIAN: \~ ,,pF~~ .,..,,,,,~ BY: .. rte.: ~ ~ O~~! Mayor Ca c6 ~ ~`~ ~~ yc ~ .Holman, ~-~ ~~-~~-- = SEAL ~ ~ ~ ~~ AGREEMENT FOR EXTENSION OF DOMESTIC WATER ~~~IIINrt1 n rr-~~~~~` AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2990 S. EAGLE ROAD PAGE 5 OF 5 E~isl'r A Parcel no. 51121336251 (2990 S. Eagle Road) Page l of 1 Parcel rto. 51121336251 ~, THIS MAP NOT INTENDED FOR NAyIGATIONAL USE httpJl66.192.184.147/imf/imfPrintMap.isp?title=Parcel no. 51121336251 3/15/2010 Ada County Assessor ~~. ~ ~ Property Details for Parcel S1121336251 and Year 2009 E3a<:k to P<3.r.cc~:i 5c>az~:?; Parcel: S1121336251 Year: 2009 Zones Code: RUT Total Acres: 1.094 Tax Cade Area: ^^<42 Property Description: PAR #6251 @ CTR POR SW45W9 sEC 21 3ra 1E #3362S0-B ,',7 . '~ , 't: , Address: 299U 5 EAGI,E> RD MERIDIAN , ID 83642 Subdivision: 3N lE 2i Land Group Type: SECT Toxnship/Range/Seotian: 3N1E;"21 :: Valuation Details ~~ __~e~., .. ,<..,... ..__. ~.~. _ ,. ..nye. ~.._, ._.. .. . Assessed Valuation Role SCC Aozeage Value Method Code Area _. ~ _2v RESIDEtJTiAL TRAC~ _~. _.... __ _ 'Primary ?~ ~ ~ ~~ ~T 1.094 912?, 800 MARKE"P 242 Primary !34u R@:" IMPROVEMENT 0.0 $61,600 COST 292 Valuation History Year Values 2x09 $189, 4'v'0 2008 $239,600 200? $209,2^v0 2006 $179,100 Tax Districts Tax 'District bevy ! Deacriptian Phone 1 0.002639391 ADA COUNTY 208-28"?-7000 2 0.000141054 PEST EXTERMINA'I'IOCJ 206-577--4646 3 :0.0001273 EMERGENCY MEDICAL 208-287-2950 & 0.001023202 ADA GOUNTY HIGKWAf MST 208-387-617.0 8 0 .,03519248 _ 5CH^vOL DISTRICT NO. 2 208-855-9500 `_.. 12 ' O..,JOSE~2081 ME'.R'Ct7TAN LIBRARY 208-888-9951 24 0.000038516 ~ .~ MERIDIAN CEMh:I'ERY __... ,. _,> _ 208-$88-S1:i3 ..° t ~~ O.OU23 )9998 ~ _.... ~~_. M.IRIDIAPL FIRE ~ .., ___._ .. _ ~. ._ -888-1239 208 _.,, K..~~......_. .. 43 ©.000029491. MOSQUITO ABA.EME,N'I' ,208-577-4646 '46 ' 0.000083336 ydE.",TERN ADA RECREA.ION 2C8-88?-1730 ' lU0 ': 0.000133257 ;COLLEGE OE' vJESTERN IDAHO 208-502-`1113 Tetal Levy: U.OlUti868739 99999999 Taxes, Certifications, and Fees Year Total Taxes Taxes Paid Taxes Due Delinquent Tax Data Current as af' _, _ . 2009 ,$2,024.08 $1,012.09....._ $1,012.04 Na 03I12l201fl http:lJwtivw.adacountyassessor.orglpropsysiPrintParcel.do?yearParce1=20095112133b2~ 1. Page 1 of 2 3/15/2010 Ada County Assessor :2008 x$2,310.88 ~~ :2007 S1 995 99 :2006 ;51,796.86 Characteristics Land Residential 52,310.88 !$0 $1,945.44 $0 51,796.86 $0 00 NO X03/12/2010 00 No 03/_12/2010 00 __ ~__ iNo _____ ~ ..,...__ 03/12/2010 i _ . J ~~ http://www.adacountyassessor.org/propsys/PrintParcel.do?yearParce1=2009S 1121336251 Page 2 of 2 3/15/2010 Meridian City Council Meeting n DATE: May 11, 2010 ITEM NUMBER: 4Q PROJECT NUNtBER: ITEM TITLE: Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 2960 S. Eagle Road, Parcel No. S 1 1 21 336230 MEETING NOTES CLERKS OFFICE FINAL ACTION ~~: E-MAILED TO STAFF SENT TO .AGENCY SENT TO APPLICANT NOTES INITIAL8 ~1 AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE o ^ OUTSIDE MERIDIAN CITY LIMITS: 2960 S. EAGLE ROAD =~ This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER Z ~m .~ ~, a _~ SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this /~ day of __, 2010, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Marry Thomason, whose mailing address is 2910 S. Eagle Road, Meridian, Idaho (hereinafter Q Z "User") (collectively, "Parties"). s~ 4 n' O~ WHEREAS, User is the owner of parcel number S 1121336230, located at 2960 S. Eagle ~ o o,o Idaho Ada County, Idaho, as depicted in Exhibit A hereto (hereinafter "Subject Meridian Road ~ o ~ N , , Property"), which real property is located outside of Meridian City limits; W ~ ° W he City is authorized by Idaho Code section 50-323 to develop, operate, and WHEREAS ~o ~~ wog ~~ ~--=mom o o ~ a , maintain a domestic water supply, and to protect the same from contamination, and the City does a y ~ o exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, a ° a ~ ~ Meridian City Code; WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; ~-. WHEREAS, in or about March 2010, a roadway project by the Ada County Highway District ("ACRD") necessitated disconnection of the septic system from the residence at Subject Property and disconnection of the private water well at Subject Property for domestic purposes, in turn requiring User to connect the residence at the Subject Property to the City water and sewer systems; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. DEFINTIONS. For purposes of this Agreement, the following words, terms, and phrases shall be defined and interpreted as provided herein, unless the clear context of the presentation of same requires otherwise: A. "ACHD" shall mean the Ada County Highway District, a public body corporate and politic, organized under the laws of the State of Idaho, whose address is 3775 Adams St. Garden City, Idaho 83714. ^ B. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits. AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 29C)O S. EAGLE ROAD PAGE 1 OF 5 C. "User" shall mean Marty Thomason, the sole owner in law and equity of Subject Property as of the Effective Date of this Agreement, whose mailing address is 2910 S. Eagle Road, Meridian, Idaho. D. "City" shall mean the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho. E. "Parties" shall mean, collectively, City and User. F. "Subject Property" shall mean parcel number S1121336230, located at 2960 S. Eagle Road, Ada County, Idaho which, as of the Effective Date, has not been annexed into the City of Meridian and is therefore outside of Meridian City limits. II. COMMITMENTS BY CITY. A. Provision of Services. At all times relevant hereunder, City shall provide sewer and water services to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. B. Billing. City shall bill User monthly for sewer and water usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and ~ practices of the City of Meridian. C. Recordation. City shall record this Agreement, and shall submit proof of such recording to User. III. COMMITMENTS BY USER. A. Payment for City services. User shall be responsible for ensuring that ACHD fulfills its obligation to pay to City any and all costs related to sewer and water infrastructure construction, materials, and connection, including, but not limited to, hookup, assessment, meter installation, and inspection fees. In the event that ACHD fails to pay such fees or any portion thereof, User shall pay all such outstanding fees to City and may seek remuneration from ACHD at User's election. Upon connection to the City's sewer and/or water system, User shall pay to City all applicable fees and costs for sewer and water services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City ordinance. The exclusive remedy for disputes, objections, or appeals regarding such fees and charges shall be appealed to the Board of Appraisers under the procedure set forth in Meridian City Code. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. ~ B. No cross-connection. User shall abide by and comply with any and all applicable provisions of law, which shall specifically include, but shall not be limited to, compliance with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2900 S. EAGLE ROAD PAGE 2 OF 5 subsequently adopted, which prohibit the installation and/or maintenance of a cross- . connection to the City's water system. This provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. C. Consent to annexation. User specifically agrees that, as a specific consideration of City's willingness to enter into this Agreement, User shall, and hereby does, provide perpetual consent to annexation of the Subject Property into the City of Meridian. This provision shall comprise evidence of User's consent to annexation and shall be binding upon all subsequent purchasers, heirs, or assigns of the Subject Property. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. D. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all sewer and/or water pipes, connections, and related infrastructure. Except as to routine meter readings or in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide User at least twenty-four (24) hours prior notice of such entry; such notice may be verbal or written and may be posted at the Subject Property. IV. GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion ~ thereof, shall be a default hereunder. In the event of a default, the non-defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non-defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, andlor obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited to, termination of sewer and/or water service to User, to any successor(s) in interest, and/or to any sewer or water user located on the Subject Property. C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director ~ 33 E. Broadway Ave. Meridian, Idaho 83642 AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2960 S. EAGLE ROAD PAGE 3 OF 5 r User: Marty Thomason 2910 S. Eagle Road Meridian, Idaho 83642 Either Parry may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. D. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. E. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. F. Severability. If any provision of this Agreement is held invalid by a court of competent ~ jurisdiction, such provision shall be deemed to be exised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. G. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. H. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. I. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2960 S. EAGLE ROAD PAGE 4 OF 5 ~. J. Compliance with .laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. L. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~~ day of ~,Ji , 2010. USER: STATE OF IDAHO ) C ~ ss: County of ' I ,.-r I HEREBY CERTIFY that on this ~"i' day of k.,~ , Marty Thoma on before the undersigned, a Notary Public in the State of Idaho, ••~~~••~ personally appeared MARTY THOMASON, proven tome to ••• ~ A ••. be the person who executed the said instrument, and ••• ~; ~0 Z'~~'~t ~ acknowledged to me that he executed the same. • ~` '~ • IN WITNESS WHEREOF, I have hereunto set my hand and • ?'. ;~ ~ ~,`~ % affixed my official seal, the day and yeaz in this certificate first Z ~ above written. • ~ . • •~ ` • '~ • •• (~, ~:~ • • Notazy Public fo Idaho Residin U.~r'~-% ,Idaho My Commission Expires: ," ~ ' l~ CITY OF MERIDIAN: BY: ,Mayor (Igc~n ~`'~ ~ aycce Holm Clerk i'"` = ' ~' ~ ~ ; =;, yo lssr ~s~ ~~. ,,,,,,,gCO~Y , ~~,``~,,. AGREEMENT FOR EXTENSION OF DOMESTIC WATER ----I--~-~~11~~~~ AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 296o S. EAGLE ROAD PAGE S OF 5 EXHIBIT A Parcel no. 51121336230 (2910 S. Eagle Road) Page 1 of 1 Parcel no, 5112133fi23U ~- ~; ~ :- .y <.~,,~,° a~ .;s :.~ }~ `~ . .. ray Y N b ~S ,..s:.r.." .. . 4v: ~~ ,;, ,.. ~ r. er° ~ av . ;°: ~ yam, /''; .;. ~~ ~ ~ ~x ~ aY ~ ., ~i. r}~,• ry~6x .rte THIS MAP NOT INTENDED FOR NAVIGATIC)NAI. USE http:/I66,192.184.147/mf/imfPrintMap..jsp`?title=Parcel no. 51121336230 3/1512010 Ada County Assessor ~. x ~ ~.~ ~~"~~~~~ Property Details for Parcel 51121336230 and Year 2009 Parcel: S1121336230 Year: 2009 Zone Code: RUT Tatal Acres: 2.82 Tax Code Area: 24L Property Description: PAR ~#&230 SW4 SEC 7.1 3N lE #336225-s rti «t ~ ~' .ih° .. :`r<*. ~ ~~ .. ~ . Address: 2960 S EAGLE RD MERIDIAN , ID 83642 Subdiviaian: aid iE 21 Land Group Type: SECT Toxnahip/RangeJSection: 3N1.E21 Valuation Details ~..~ _ ,_~ _......~_- _, ... .....~ .,..a.. ,.. _., ... .-_. .a.._....=e..,,_, ...,~„,,,..,a. ~ Assessed Valuation Role SCC ; Acreage Cade Area! Value Method P-T imary ;12.0 RESIDErITIAL TRACT 2.82 $140,800 MARKET 242 Primary ;340 RES ZMPROV:;MENT 0.0 $98,200 GOS'i' 242 Valuation History Year Value 2009 $239,000 2008 $295,800 2007 $271,7G0 2006 5221,900 Tax Districts -- .., _ _~ ~ ~ ~ ~ ~ _ _.~. _. Tax Levy Descriptian Phone '.District. 1 0.002634391 ADA COUNTY :?08-28°7-7000 2 0.000141454 PEST EX'T'ERMINATION 208-577-4646 3 O.OOL 273 EMERGENCY MEDICAL 208-2 $'7-2950 " o, 0.001.023202 ADA COUNTY HIGfiWAY DIST z~8-387-6120 ",- ;8 0.003514':8 ;SCHOGL DIS1'RIC'P N0. 2 7.G8-855-4500 12 0.000562081 MERIDIAN LIBRARY 208-888-4451 _, O.00003bS16 'MERIDIAN CEMETERY 208 888-5133 ', 30 ; 0.002399998 .. ...~.~ . MERIDIAN FIRF~ ~ . a.o,. r ,--.,_. .~ ._ ...._.. ~.,~ .... ?J8 888 1 34 ' ....~. .._ ~_. .. 4.3 : . ,~ w~.. 0.000029491 M05QUITC3 ABATEMENT ~ ~ 208 X77-9646 c,ti ~< G.00008333Ei .WESTERN ADA RPICREATIOid '~U8-887-1730 ':00 17.000133257 COLLEGE OE WESTERN IDAHO 208-562-2113 Tata1 bevy: 0.010686873999999999 1"1 Taxes, CartiPicatiana, and Feea Year Total Taxers Taxes Paid Taxes Due Delinquent Tax Data :Current as ai:" :2009 51,437.'72 5718.8b _•..571.8.86 Na 03/12/2010 httn:Iiwc~rw.adacountvassessor.ors/pro~sys/PrintParcel.do?yearParcel=2009S 112133b230 Page 1 of 2 3/15/2010 Ada County Assessor '';2008 ;51,929.34 `r $1,929.34 2007 51,737.54 S1 737 54 .2006 IS1,516.12 51,516.12 Characteristics Land Residential 50.00 No 03/12/2010 $0 00 No 03/12/2010 SO 00 No 03/12/2010 r~ ~~ http://www.adacountyassessor.org/propsys/PrintParcel.do?yearParce1=2009511213 36230 Page 2 of 2 3/15/2010 Meridian City C©uncil Meeting DATE: May 11, 2010 ITEM NUMBER: 4E PROJECT NUMBER: ITEM TITLE: Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Umits: 2910 S. Eagie Road, Parcel No. Sl 121336176 MEETING NOTES /'~ GLERKS OFFICE FINAL ACTION DeATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPIiCANT NOTE8 INITIALS ~\ ° AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE o . ~ ~ OUTSIDE MERIDIAN CITY LIMITS: 2910 S. EAGLE ROAD z ~ ~ r; ~- Q This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER =~ SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this ?~ day of ~r~ ~~ 2010, by and between the City of Meridian, a municipal corporation organized under the laws of the o State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), ~ ~_ and Marry Thomason, whose mailing address is 2910 S. Eagle Road, Meridian, Idaho (hereinafter z "User") (collectively, "Parties"). o° User is the owner of parcel number S 1121336176, located at 2910 S. Eagle WHEREAS o,,~ = o ;; ° , Idaho Ada County, Idaho, as depicted in Exhibit A hereto (hereinafter "Subject Road, Meridian, _ o ~ o ~ ~, Property"), which real property is located outside of Meridian City limits; ~ o wog ~~_ ~Qm O V WHEREAS, the City is authorized by Idaho Code section 50-323 to develop, operate, and , ~ W maintain a domestic water supply, and to protect the same from contamination, and the City does d O W W QOOC~~ exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian City Code; WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian Ciry Code; WHEREAS, in or about March 2010, a roadway project by the Ada County Highway District ("ACHD") necessitated disconnection of the septic system from the residence at Subject Property and disconnection of the private water well at Subject Property for domestic purposes, in turn requiring User to connect the residence at the Subject Property to the City water and sewer systems; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. DEFINTIONS. For purposes of this Agreement, the following words, terms, and phrases shall be defined and interpreted as provided herein, unless the clear context of the presentation of same requires otherwise: A. "ACHD" shall mean the Ada County Highway District, a public body corporate and politic, organized under the laws of the State of Idaho, whose address is 3775 Adams St. Garden City, Idaho 83714. ~ B. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits. AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 291 O S. EAGLE ROAD PAGE 1 OF $ C. "User" shall mean Marty Thomason, the sole owner in law and equity of Subject Property as of the Effective Date of this Agreement, whose mailing address is 2910 S. Eagle Road, Meridian, Idaho. D. "City" shall mean the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho. E. "Parties" shall mean, collectively, City and User. F. "Subject Property" shall mean parcel number 51121336176, located at 2910 S. Eagle Road, Ada County, Idaho which, as of the Effective Date, has not been annexed into the City of Meridian and is therefore outside of Meridian City limits. II. COMMITMENTS BY CITY. A. Provision of Services. At all times relevant hereunder, City shall provide sewer and water services to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. B. Billing. City shall bill User monthly for sewer and water usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and ~'` practices of the City of Meridian. C. Recordation. City shall record this Agreement, and shall submit proof of such recording to User. III. COMMITMENTS BY USER. A. Payment for City services. User shall be responsible for ensuring that ACHD fulfills its obligation to pay to City any and all costs related to sewer and water infrastructure construction, materials, and connection, including, but not limited to, hookup, assessment, meter installation, and inspection fees. In the event that ACRD fails to pay such fees or any portion thereof, User shall pay all such outstanding fees to City and may seek remuneration from ACHD at User's election. Upon connection to the City's sewer and/or water system, User shall pay to City all applicable fees and costs for sewer and water services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City ordinance. The exclusive remedy for disputes, objections, or appeals regarding such fees and charges shall be appealed to the Board of Appraisers under the procedure set forth in Meridian City Code. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. ~..~ B. No cross-connection. User shall abide by and comply with any and all applicable provisions of law, which shall specifically include, but shall not be limited to, compliance with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN Crrsr LIMITS - 291 O S. EAGLE ROAD PAGE 2 OF 5 ,,..~ subsequently adopted, which prohibit the installation and/or maintenance of a cross- connection to the City's water system. This provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. C. Consent to annexation. User specifically agrees that, as a specific consideration of City's willingness to enter into this Agreement, User shall, and hereby does, provide perpetual consent to annexation of the Subject Property into the City of Meridian. This provision shall comprise evidence of User's consent to annexation and shall be binding upon all subsequent purchasers, heirs, or assigns of the Subject Property. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. D. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all sewer and/or water pipes, connections, and related infrastructure. Except as to routine meter readings or in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide User at least twenty-four (24) hours prior notice of such entry; such notice may be verbal or written and may be posted at the Subject Property. IV. GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion ~ thereof, shall be a default hereunder. In the event of a default, the non-defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non-defaulting parry may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited to, termination of sewer and/or water service to User, to any successor(s) in interest, and/or to any sewer or water user located on the Subject Property. C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director r 33 E. Broadway Ave. Meridian, Idaho 83642 AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 291 O S. EAGLE ROAD PAGE 3 OF 5 ~ User: Marty Thomason 2910 S. Eagle Road Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. D. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. E. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. F. Severability. If any provision of this Agreement is held invalid by a court of competent r'`~ jurisdiction, such provision shall be deemed to be exised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. G. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. H. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as aze stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. I. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. AGREEMENT FOR EXTENSION OF DOMES'T'IC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 291 O S. EAGLE ROAD PAGE 4 OF 5 J. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, aze specifically and without limitation incorporated into this Agreement as if set forth fully herein. K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. L. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~`t day of ~~v~~l. , 2010. USER: Marty Thomason ~ T~ STATE OF IDAHO ) ~~~ ) ss: County of ) I HEREBY CERTIFY that on this ~ day of ~, ,~~ before the undersigned, a Notary Public in the State o personally appeared MARTY THOMASON, proven to me to be the person who executed the said instrument, and acknowledged to me 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 *4''~ x ~ above written. st~ t ~ \ • ~ ' 1... .~ ~i ~ ~ . ~~~ .~_ ..•~' ~~~ Notary Public for Idaho •••~'~~• •• Residu>~ra1~1~,~~ ,Idaho My Commission Expires: ~~"I ~~ CITY OF MERIDIAN: ~~,,, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~,,,,~ .~~`~ OF MERI ~''% Mayor (Gtr~~} SAL J yce~ Holman, ~aAl - d ~a,.a..-~.J~o-. ~ ~ ~' •, ~~ ~ ~ ~G~ per. ~ `' ` t ``\ \ AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2910 S. EAGLE ROAD Clerk PAGE S OF S ~,'"~. r•. EXHIBIT A Parcel no. 51121336176 (2910 S. Eagle Road) •-~ Page 1 of 1 Parcel no. 51121336175 ~. THIS MAP NOT INTENDED FOR NAVIGATIONAL USE http:I/66.192.184.147/imf/imfPrincMap.,jsp?title=Parcel no. 51121336176 3/15I2010 Ada County Asscssar sue. ~ ~ Property Details for Parcel 51121335175 and Year 2009 SaC'k Go }?arce~:. St:a:rcit Parcel: 511213361?6 Year: 2009 2ona Code: RUT Total Acres: 0.851 Tax Code Azea: 7.47. Property Description: PAR #61?6 @ W SZCE SW45W4 SE:C 21 3N lE f?'3361?5-B Address: 2910 S EAGLE RD MERIDIAN , II7 83647. Subdivision: 3N lE 21 Land Group Type: SE:C'}' Township/Range/Section; 3N1E21. Valuation Details ~~ _... .a _. .., .,,....>~.,. ._~_,.... .,. __ _ ...AValue d . .,..... _ _~... ~ ... Role SCC Acreage; 'valuation Code Area: Method :Primary 120 RESIDENTTAZ, ;"RAC7' ;0.851 $99,500 MARKF.~'C 242 .Primary !340 RES ZMPFtUVEMENT 0.0 $55,A00 COST 242 Valuation History Year Value 2009 $155,30U 2008 $195,30U ?.007 $188,000 'LU06 $157,900 Tax Districts Tax Levy Description Phone District 1 0.001..6313y1 ADA COUNTY :208-2$7-7000 ' .' 0.000141054 PFISI' EXTERMZNATIGPJ 2U8-5'7"}-4646 ' 3 O.OU01273 EMERGENCY AiEDICAC, 248-287-2950 '6 0.001023202 ADA CUUN'I'Y HIGY:WAY DIST 7.0$-387-6120 8 0.003514298 SCHOOL DISTRICT NU. 'l. __ 208-855-450fl _ .. 12 Ei.0UU562081 .: e.. . _ ...,. MERIDIAN C.'L~FtARY .. _.. 208-$88-4951 _.. ......~_ . __~.__.., .,.~ ~.,, _ 24 _.. _ . ;0. ^v 00038516. ... MERIDIAN CEMETERY _ ,. _. __ ~v_ _. 2U8 888-5133 __ ._._ 3U O.OC2399998 MERIDIAN FIFE 208-888-1234 43 O.COOU2.9491 MOSQUITO ABATEh}EN'F 208 57?-4646 46 !O.OOOU83335 WESTERN ADA RECREATION 208-887-173U 100 .. 0.('0013325? ~ CC):i,I_.:CiE OF WESTERN ZDACiU _.. _ 208-562-2113 .. _ '1'ot.ay Lea 0. ~lUc$687 y: ~ 39 .~""~ 99999999 Taxes, Certifications, and Fses ___ _-., _.. a_ __ ._______. ____ _ _ __ _.. _._..__,. __ ___~, , Year ~-. Total Taxes Taxes Paid Taxes Due Delinquent Tax Data _ Current as af'. 20^v9 $1,659.68 $824.8.4....... $8'29.84 No 03112/2010 httn://wtivw.adacountvassessar.ark/provsvs/PrintParcel.da`?vearParcel=2009S 112133b17b Page I of 2 3/15/2010 Ada County Assessor j2008 $1,923.82 '51,923.82 ~,,,~ ~ 2007 ; $1, 791 14 S1 791 19 X2006 '51,629.66 $1,629.66 '..50.00 i;No :03/12/2010 ;50.00 =No 03/12/2010 SO 00 No ,03/.12/2010 Charsctoristic• band Residential ,r.~ http://www. adacountyassessor.org/propsys/PrintParcel.do?yearParce1=200951121336176 Page 2 of 2 3/15/2010 Meridian City Council Meeting n DATE: May 11, 2010 fTEM NUMBER: 4F PRC3JECT NUMBER: ITEM TITLE: Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 320 E. Victory Road, Parcel No. S 1121336401 MEETING NOTES CLEJ~KS OFFICE FINAL ACTION DATE' E-MAILED TO STAFF SENT TO AGENCY -SENT TO APPLICANT NOTES INITIALS (~, V ~s lJ~~~~ ~~ T AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE o OUTSIDE MERIDIAN CITY LIMITS: 3250 E. VICTORY ROAD ='~ - c~I ~ z ~ ~,, r~ This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER 4 ~v SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this ~ ~+~ day of ~l. , 2010, ~~ by and between the City of Meridian, a municipal corporation organized under the law of the State o: _~ Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Robert Carpenter, whose mailing address is 3250 E. Victory Road, Meridian, Idaho (hereinafter "User") Q (collectively, "Parties"). Z ~~ dd G~ WHEREAS, User is the owner of parcels numbered 51121336401 and 51121336476, ~ o a'o contiguous parcels containing one house with an address of 3250 E. Victory Road, Meridian, Ada ~ o County, Idaho, as depicted in Exhibit A hereto (hereinafter, collectively and separately, "Subject ° a ° ~o ~~ Properties"), which real properties are located outside of Meridian City limits; r o g , ~--= mop, = C W C WHEREAS, the Ci Is authorized b Idaho Code section 50-323 to develo , o erate, and ty~ y p p ~ ~ = 0 9 WW•N G maintain a domestic water supply, and to protect the same from contamination, and the City does O Q m o ~ ~ exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian City Code; WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; WHEREAS, in or about March 2010, a roadway project by the Ada County Highway District ("ACRD") necessitated disconnection of the septic system from the residence at Subject Properties and disconnection of the private water well at Subject Properties for domestic purposes, in turn requiring User to connect the residence at the Subject Properties to the City water and sewer systems; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. DEFINTIONS. For purposes of this Agreement, the following words, terms, and phrases shall be defined and interpreted as provided herein, unless the clear context of the presentation of same requires otherwise: A. "ACHD" shall mean the Ada County Highway District, a public body corporate and politic, organized under the laws of the State of Idaho, whose address is 3775 Adams St. Garden City, Idaho 83714. B. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits. AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 3250 E. VICTORY ROAD PAGE 1 OF $ C. "User" shall mean Robert Carpenter, the sole owner in law and equity of Subject Properties as of the Effective Date of this Agreement, whose mailing address is 3250 E. Victory Road, Meridian, Idaho. D. "City" shall mean the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho. E. "Parties" shall mean, collectively, City and User. F. "Subject Properties" shall mean, collectively and separately, parcels numbered 51121336401 and 51121336476, contiguous parcels containing one house with an address of 3250 E. Victory Road, Meridian, Ada County, Idaho. As of the Effective Date, the Subject Properties have not been annexed into the City of Meridian and are therefore outside of Meridian City limits. II. COMMITMENTS BY CITY. A. Provision of Services. At all times relevant hereunder, City shall provide sewer and water services to the Subject Properties, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. B. Billing. City shall bill User monthly for sewer and water usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices ~„~ of the City of Meridian. C. Recordation. This Agreement shall be executed in duplicate, and City shall record such Agreement against each parcel, and shall submit proof of such recordings to User. III. COMMITMENTS BY USER. A. Payment for City services. User shall be responsible for ensuring that ACRD fulfills its obligation to pay to City any and all costs related to sewer and water infrastructure construction, materials, and connection, including, but not limited to, hookup, assessment, meter installation, and inspection fees. In the event that ACHD fails to pay such fees or any portion thereof, User shall pay all such outstanding fees to City and may seek remuneration from ACHD at User's election. Upon connection to the City's sewer and/or water system, User shall pay to City all applicable fees and costs for sewer and water services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City ordinance. The exclusive remedy for disputes, objections, or appeals regarding such fees and charges shall be appealed to the Board of Appraisers under the procedure set forth in Meridian City Code. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Properties. B. No cross-connection. User shall abide by and comply with any and all applicable provisions of ~"'~ law, which shall specifically include, but shall not be limited to, compliance with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 3250 E. VICTORY ROAD PAGE 2 OF $ prohibit the installation and/or maintenance of across-connection to the City's water system. ~'``~ This provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Properties. C. Consent to annexation. User specifically agrees that, as a specific consideration of City's willingness to enter into this Agreement, User shall, and hereby does, provide perpetual consent to annexation of either and/or both of the Subject Properties into the City of Meridian. This provision shall comprise evidence of User's consent to annexation as to both of the Subject Properties, and shall be binding upon all subsequent purchasers, heirs, or assigns of either and/or both of the Subject Properties. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Properties. D. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the City to enter either and/or both of the Subject Properties for the purpose of inspecting any and all sewer and/or water pipes, connections, and related infrastructure. Except as to routine meter readings or in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide User at least twenty-four (24) hours prior notice of such entry; such notice may be verbal or written and may be posted at one (1) of the Subject Properties. IV. GENERAL PROVISIONS. s~ A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non-defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non-defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited to, termination of sewer and/or water service to User, to any successor(s) in interest, and/or to any sewer or water user located on the Subject Properties. C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director ~ 33 E. Broadway Ave. Meridian, Idaho 83642 AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 3250 E. VICTORY ROAD PAGE 3 OF 5 rte. User: Robert Carpenter 3250 E. Victory Road Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. D. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. E. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Properties, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Properties. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Properties, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. ~,,,~ F. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be exised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. G. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. H. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. I. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights !"'~ and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 3250 E. VICTORY ROAD PAGE 4 OF S by law shall not be to the exclusion of any other remedy. J. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. L. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. ~M IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ~ p~ , 2010. USER: ~'`~ Robert Carpenter A_,~. ~ ~._ ---..._ SUZETTE MORRIS NOTARY PUBLIC STATE O~ IDAHO CITY OF MERIDIAN: ~~~„~„~;~~~~ BY: ~ r~ st: ~~ Mayor Q -~ ~~d ~~- BEAL ~, _ T ~~ ~, .~ ~p r ts~ ' • STATE OF IDAHO ) -~ j ss: County of I HEREBY CERTIFY that on this ~y day of ,,~/> ~ ,~~Q before the undersigned, a Notary Public in the State of Idaho, personally appeared ROBERT CARPENTER, proven to me to be the person who executed the said instrument, and aclrnowledged to me 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. ~b1ic~6r IId~aho / Residing at /J%(~fi~~ ~ ,Idaho My Commission Expires: ~~- a ,~ ~fi7 AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 3250 E. VICTORY ROAD Clerk PAGE 5 OF 5 E~isi'r A Parcel nos. 51121336401 and 51121336476 (3250 E. Victory Road) Page 1 of 1 Parcel no. S112133fi4D1 ~"~ ~. ~ y .n (~r ~'S ~ ~'~ hA,k y : .~: F 'SY. ° A~~. 'A f ,l.~. .. n . ° t. ~ ..fi~xx ~` .~ .. "P ~ na : f' r 4~7 ~ f. ..- e l;d`3j. ..a `% Pxn e 7r' ! ~ 7 ~~ ~: •a~."~a. V ~. Y •'K P~ P '~ ~x PYr g'~ ~,~. ..a-K ~y. i'- r' .. .~ f~ ~ :i .: ~ ed. J, ' S ~P 1~. r ... f ~ _a~ s3~.~ e :~-Y.. F. f ~s, >F X t~. ~ ,}. L. -a~~ 4~~ P`.~~~.#.: iy~'Xy .~. ,v~ t~ ~~ A. 4, {4~ ~ ~,2' : X .:' ~ ~ ~~ ~ ' .~ ~. "fir t ~ ... ~y 4 ` hh``~3~~3,r~~'~'~~' f, g~` 1 W ... p • ~ Y G~~a.~a~ 3a~dx .: y. ~ ~ a~ .. s.-~ ~tSD~Y~ :"d'~F''~ »~xx«s~YSt ~,{ r..y,,~ .y«~n THIS MAP NOT INTENDED FOR NAVIGATIONAi. USE htta:/166.192.184.147/imf/imlPrintMap.isp?title=Parcel no. 51121336401 311.5/2010 Ada County Assessor ;; ,mot Property Details for Parcel 51121336401 and Year 2009 3z=::k to F'a_c•e 1. Seri rt:: F~ Parcel: S112i:i35401 Year: 2.009 Zone Cods: RUT Total Aczea: 0.555 Tax Code Area: 292 Property Descriptian: PAR #6401 @ SW COR SW4SW4 SEC 21 3N 1E #336400-8 Address: 3250 E VICTORY RD MERIDIAN ID 83542 Subdivision: 3N lE 21 Land Group Type: SECT ToNnahip/RangeJSectian: 3N1E21 Valuation Details . ..._ ~~ ~_~_. ~ ._ _~ a._.... _. ,_.. _.. ~ _ Role SCC , .o,.... _s_._..~_..., Acreage ._., •., R.... , Assessed Valuation Code Area' Value 2Lethod ;Primary !120 RESIDENTIAL TRACT '0.565 $80,100 MARKET '2,42 Prima.r.y '340 RES IMPROVEMENT C.0 $90,600 CUST 242 Valuation History Year Value 2009 $170, 70i} 2008 5201.,300 2007 523.3,100 2006 5176,300 Tax Districts Tax LeV~, Description phone :District . __ _ . 7. 0.002634391 ADA CUUNTY 208-287-7000 ' 2 0.000141054 PEST EXTERMINATION 208°577-4646 `3 0.00012'73 EMS::RGTsSdCY MEDICAL 208-287-2950 6 . x0.003023?_U2 . ADA CUUN'CY hIGHWAY DIST 208-387-6120 __ 8 0.003514248 SCHOOL DISTRICT NO. 2 208-855-4500 _... __ 12 IO.G00S6?.081 . MERIDIAN LIBRARY .e..._ .« ..__..._. ,. __ 208-888-4451 ._.. ,.... <..._..._._. ~...w _~. .e~...e. 24 .e ., s .. ~,._. . 10.000038515 MERIDIAN CEMETERY 208 888-5133 '30 0.002399998 MERIDIAN F'1RE 208-888-1234 •43 0.000029491 MOS~3U'"'"4 ABATEMENT 208-577-4646 ;46 0.000083336 WEST'EItN TiDA RECREAT.T.UN ' 208-887-1730 -.100 a0.U0013325'7 'COLLP.GE OF WESTERN IDAHO 208 56?.-2113 Total Levy 0.010586873999999999 ~~ Taxes, Certifications, and Eees Year Total Taxes Taxes paid Taxes Due Delinquent Tax Data Current as of 200° 5912.12 $912.22 SO.GO No 0311212010 Pagel of 2 httn:llwwtiv.adacountvassessor.ors;IpropsyslPrintParcel.do?yearParce1=200951121336401 3/ 15/2010 Ada. County Assessor 2DD8 5991.48 $951.4II $C.DU No U3/12/2UlU ~„e 7.UU"t 51,179.2?. 51,179.22 'SU.UO No _ 03/1.?.,/201U 'UUc S1,C45.4B `:$'1,445.48 SO.UO No 03/12/2UlU Charsateristics Land .................. I~esi.<iex~tial Page 2 of 2 http:/Iwww. adacountyassessor. orglprapsys/PrintParcel .do?yearParcel-2009511213 3 6401 3/ 15!2010 Page 1 of 1 Parcel no. 511213364?6 THIS MAP NOT INTENDED FOR NAVIGATIONAL. USE htto:/166.192. i 84.147/imf/'rmfl'rintMap.jsp?ttle=Parcel no. S 11.21336476 3/15/201.0 Ada County assessor Froperty Details £or Parcel S11213364?fi and Year 2009 rack ~ a> Parcel: S'1i213364?6 Ysar: ZCU°, Zone Cade: RL3T Total Acres: x,.'135 Tax Cade Area: 242 Property Description: RAR h64?( NEAR aW I;OR SWaSWa £:E:C 21 3N lE #330:?~-F3 Address: l~`, 'e`:C`CvRY RD ?;EP.ID'AN :II> fl3642 3ubdiviaion: 3N 1E 21 Land Group Type: SECT Township/i2angeJSectian: 3N1.E2..':. Valuation Details Role SCC Acreage Assessed Valua ; tion Code Area' Value Meth ~ od -.c:i.^~.~sy, -18U OTHER I:7',ND U.i35 52,%UO -°1F1i1KET ~ '.2a2 ~~` VSluata.6ri History Ysar Value ?r,.r~9 S2, 70U zoos y4,5orJ 2 07 s4, 500 2:~oE s4,:~ca TaX DS$tr1Ct9 T`~ Levy Description Phone District: .. __ .., i U.UO`1G34.391 ADA COrINi'Y !?.r18 ?8?-'T000 _ U.UU011".054 n. n~ _vST PX C:RM.CN. i'ION 2U8 .7'7-.11.5 ' 3 J UOui2?3 _.___ EMERGFhUY M3?I7_CAi -- 208-'?fl'7-2950 ~.. .__ ..... - - - . ~ z . ~fi G .,O..v2...2U.. , v .AUA CGLN'i'. FIlC~'r.VtAY DIST - -61.?..0 2U8-3J•7 8 0..0351.4248 5CHOOI, D.IS'I'RLCT NC, 2 2U8-855-fi5U0 12 0 v~1.,6.:08; . MERIDLA'v ,1:F312AF2Y . ___ ..__._ . ,.. 20£i-F4fl8-4451 ., v..__ 24 0 0 CO:s851U MERID:~1'J C[:FIETERY 2u8-8&8-5133 '3U <C 0 iy9'~9r7 TM`ERII)i'~N FIRE 2J~3-888-1?..34 a3 ~^ OC~02d491 '~'(),iC1ii:! IO AtiA'"EMENT 208-5'17-1Fy5 a6 O.OUvOP3336 wF..iTF,RN tiLA RECREATION 2U8-887-1.;30 lUti 'O.0001.332:,7 CJILEGE. OP WESTERN ILAIi(> 208-512-2120 Tots l.,evy: J..i_Oii868.3999994949 Taxes, Certifications, and Fees Tax Data Ysar Total Taxes Taxes Paid Taxes DusDelinquent '. __ ._.. _._... ; _ Currant as of - :~~o~ sz~J.fl~: s2a.fla s~.oo _ _ _ rao o;il~zeln _ _ _ __ 2006 Sa4.32 "44.32 sU.G!' ?No 03;1>f2010 2o.c; 54~;.4a sara.44 so.;;o Nc C3; 12~2U1 Characteristics Page 1 of 1 httn://wti~w.adacountvassessor.or~lpropsvs/PrintParcel.do?yearParce1=2009511.2133b476 3/15/010 Meridian City Council beating DATE: May 11, .2010 ITEM NUMBER: 4~ PROJECT NUMBER: ITEM TITLE: Agreemen# for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 3250 E. Victory Road, .Parcel No. S 1 i 21.336476 I IIII~~I~~I.. MEETING NOTES ~^ III I1~~~ I I I 1 1~i ~ CLERKS OFFICE F/NAL /lCTlON DATE: E-AAJULED TO gTAFF SENT TO AGENCY SENT TO APPLICANT NOTES ~NtTiAIS ~1 AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE T T ~~ OUTSIDE MERIDIAN CITY LIMITS: 3250 E. VICTORY ROAD =r- ~. - cti Z . ow This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER ~ ~ N} ~ SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this ~ day of , 2010, ~ ~ ° by and between the City of Meridian, a municipal corporation,organized under the laws of the State of ~' Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Robert Carpenter, whose mailing address is 3250 E. Victory Road, Meridian, Idaho (hereinafter "User") (collectively, "Parties"). o ~~ WHEREAS, User is the owner of parcels numbered 51121336401 and 51121336476, ad ~ ° ~.L contiguous parcels containing one house with an address of 3250 E. Victory Road, Meridian Ada ~o_o ~ o ~ N , County, Idaho, as depicted in ExhibitA hereto (hereinafter, collectively and separately "Subject ~ a ° , )1 Properties ), which real properties are located outside of Meridian City limits; ~ G d W o °c F = ~. Z~OD W V WHEREAS, the City is authorized by Idaho Code section 50-323 to develop operate and OO~C'o __ a H , , maintain a domestic water supply, and to protect the same from contamination, and the City does ~ ~, ~ C W W d dOOC~~ exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian City Code; WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9,_ Chapter 4, Meridian City Code; WHEREAS, in or about March 2010, a roadway project by the Ada County Highway District ("ACHD") necessitated disconnection of the septic system from the residence at Subject Properties and disconnection of the private water well at Subject Properties for domestic purposes, in turn requiring User to connect the residence at the Subject Properties to the City water and sewer systems; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. DEFINTIUNS. For purposes of this Agreement, the following words, terms, and phrases shall be defined and interpreted as provided herein, unless the clear context of the presentation of same requires otherwise: A. "ACHD" shall mean the Ada County Highway District, a public body corporate and politic, organized under the laws of the State of Idaho, whose address is 3775 Adams St. Garden City, Idaho 83714. B. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits. AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CTfY LIMITS - 3250 E. VICTORY ROAD PAGE 1 OF 5 prohibit the installation and/or maintenance of across-connection to the City's water system. '~`~~ This provision shall bewbinding upon User and upon any and all successors in interest of User and/or to the Subject Properties. C. Consent to annexation. User specifically agrees that, as a specific consideration of City's willingness to enter into this Agreement, User shall, and hereby does, provide perpetual consent to annexation of either and/or both of the Subject Properties into the City of Meridian. This provision shall comprise evidence of User's consent to annexation as to both of the Subject Properties, and shall be binding upon all subsequent purchasers, heirs, or assigns of either and/or both of the Subject Properties. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Properties. D. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the City to enter either and/or both of the Subject Properties for the purpose of inspecting any and all sewer and/or water pipes, connections, and related infrastructure. Except as to routine meter readings or in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide User at least twenty-four (24) hours prior notice of such entry; such notice maybe verbal or written and may be posted at one (1) of the Subject Properties. IV. GENERAL PROVISIONS. _,.-~ A. Default. Any failure tQ perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non-defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non-defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited to, termination of sewer and/or water service to User, to any successor(s) in interest, andlor to any sewer or water user located on the Subject Properties. C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director ~ 33 E. Broadway Ave. Meridian, Idaho 83642 AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 3250 E. VICTORY ROAD PAGE 3 OF 5 ~'`'~ User: Robert£arpenter 3250 E. Victory Road Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. D. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. E. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Properties, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Properties. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Properties, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. ~ F. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be exised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. G. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. H. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and there aze no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. I. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either parry becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights ,~ and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OOTSIDE MERIDIAN C[TY LIMrI'S - 3250 E. VICTORY ROAD PAGE 4 OF 5 by law shall not be to the exclusion of any other remedy. J. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, aze specifically and without limitation incorporated into this Agreement as if set forth fully herein. K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. L. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ~pw~ , 2010. USER: STATE OF IDAHO ) ss: County of ~ ) r"'~ I HEREBY CERTIFY that on this /~ day of , ~ ~0/0 Robert Carpenter before the undersigned, a Notary Public in the State of Idaho, personally appeared ROBERT CARPENTER, proven to me to be the person who executed the said instrument, and acknowledged to me 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. SUZETTE MORRIS NOTARY PUBLIC STATE OF IDAHO N Pub' for Idaho Residing at ~~~~ ~ ~ ~ ,Idaho My Commission Expires: /~ - ~~~~Q/0 CITY OF MERIDIAN: BY: ~; , --~na~eercl; Mayor I`~c-+r Fo ayce .Holman, City Clerk ~~ $~ ,-~ ~ '%9p rtS't• `.`. ~Q. `~~ . q ~~'~% ~ourrc~t . ,,,~. AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 3250 E. VICTORY ROAD PAGE $ OF $ /'"~. E~isi'r A Parcel nos. 51121336401 and 51121336476 (3250 E. Victory Road) .-~ Page 1 of 1 ~~ Parcel no. S112133fi4a1 ~-~.. THIS MAP NOT INTENDED FOR NAVIGATIONAL USE l~tin:ll66.192.184.1.47/imf/imfPrintMan.isn?title=Parcel no. S 1121.336401 3/1.~/201.0 Ada County Assessor Page 1 of 2 ~- Property Details for Parcel S1121336401 and Year 2009 Back to Parcel Search Yarael: S1121336401 Yesr: 2009 Zone Coda: RUT Total Acres: 0.566 Tax Coda Area: 292 Property Description: PAR #6401 @ SW COR SW4SW4 SEC 21 3N lE #336900-B Address: 3250 E VICTORY RD MERIDIAN , ID 83642 Subdivision: 3N lE 21 Land Group Typo: SECT Toxnship/Range/Section: 3N1E21 Valuation Details ( ~ Assessed Valuation ti_.,..~._._.... • Role SCC Acreage , Value Method I Code Area ; ;Primary ,120 RESIDENTIAL TRACT 0 566 ,$80,100 MARKET X242 j ;Primary +340 RES IMPROVEMENT !0 0 $90,600 COST ,242 Valuation History Year Valve 2009 $170,700 2008 $201,300 2007 $213,100 2006 $176,300 Tax Districts Tax District'. ~~ Description Phone 1 .. _ 0 002634391 ..,,~ .._ _ 'ADA COUNTY - _....._.s_-___...._.~._ ... ._. 208 287 7000 `: .._,_._ ...._......m.. 2 ._... '0 000141054 _.. L_._,. _._W_.... PEST EXTERMINATION ..__._ _.. ._.._..~._.~_.~._... _ _...__.__ __~ ..... . -208-577 4646 ' ~3 _.. ..._ 10.0001273 .._._... .,,.,_,. ..__ ',EMERGENCY MEDICAL .._.. ._.__,.....,__W.__...._ .____...._.._._._.. .,.._ _.. ;208-287-2950 ._ ___.... _..__..__.; :b j0.001023202 !ADA COUNTY HIGHWAY DIST ;208-387-6120 +8 `:0.003519248 'SCHOOL DISTRICT N0. 2 1208-855-4500 12 f0 000562081 MERIDIAN LIBRARY ~208 886 4451 ;29 0 000038516 ~~MERIDIAN CEMETERY Y 1206-888-5133 ! 30 ;0 002399998 , MERIDIAN FIRE . . ~.J ~ _ _ 4206 888-1234 ... _ 43 ...-..W__..-~_o~.___. .,_~. '0 000029491 _I ,,...____,..._ . ~...._ . _~,-_~_. ._ ..~. _ MOSQUITO ABATEMENT ._._ ._.'_~.~_... ____.__ ,_.__.__._ __.______._ .__.._ 206 577-4696 __ ..._.,_________.~.,_....~~ `46 ~0 000083336 'WESTERN ADA RECREATION 208-887-1730 100 j0 000133257 •COLLEGE OF WESTERN ZDAHO 1208 562-2113 ~,.,~ Total Levy: 0.010686873999999999 Taxes, Certifications, and Fees Year Total Taxes ~ Taxes Paid Taxes Due Delinquent Tax Data i CllrreAt as of 2009 1$912.12 .5912.12 $0.00 ENO 03/12/2010 1~1+n•//~xnxnu arlartrnmtvaccaccnr nra/nrnnevc/PrintParrnl r)n`h~aarParraL-7(1(1QC1 171 Z~FdM Z/1 S/7!11(1 Ada County Assessor Page 2 of 2 ;2008 .$991 98 '$991 48 $0 00 ~No :03/12/2010 ~..r~ 20,07 '$1,179 22 +$1,179 22 $0 00 No _.µ 03/12/2010 ! °' 2006 x$1,045 98 $1,095 48 .50.00 No 03/12/2010 i Chusctaristios Land Residential httn~//www_adac~untvacces~nr_~ra/»r~ncvc/PrintParcel.dn?vearParcel=~~~9C11~1~'~h4(11 ~/15/~()1(1 Page 1 of 1 ~°~ ~. Parcel no. 5112133547 httn•//Fi(ti 1 Q7 1 i2d 1 d7limflimfPr;ntAAor~ ;~.,~)t;rt~=U~.-~A1 ,,.z C t t 7 t 2Z~A7~ ~ ~i r~hny n THIS MAP NC?T INTENIaED FOR NAVIGATIQNAL USE Ada County Assessor Page 1 of 1 a r,. Prop®rty Details for Parcel S1121336476 and Year 2009 Back to Parcel Search Parcel: S1121336976 Year: 2009 Zone Coda: RUT Total Arras: 0.135 Tax Code Area: 242 Property Description: PAR #6476 NEAR SW COR SW9SW9 SEC 21 3N lE #336475-B Address: E VICTORY RD MERIDIAN ID 83642 Subdivision: 3N lE 21 Land Group Type: SECT Tornahip/Range/Section: 3N1E21 Valuation Details _. .... , _ ~ . _._... i Role _ ... SCC ; Acreage Assessed ~ Valuation -Code Aram Value Method ;Primary ;180 OTHER LAND 0.135 52,700 .'MARKET :292 r` Valuation History Year Value 2009 52,700 2008 54,500 2007 $9,500 2006 S9,500 Tax Districts Tax +Distriat! 1ie~ __ ~ Description ~ Phone 1 0 002634391 _.. .. VADA COUNTY 4208 267 7000 2 ;0.000191059 ;PEST EXTERMINATION ?208-577-4696 '3 (0.0001273 _,, _, _ _. _ f._._ _._. _ __~_... ... iEMERGENCY MEDICAL ..._. _ ...~ _._.__.....__ `208 287 2950 `6 X0.001023202 !ADA COUNTY HIGHWAY DIST !208 387-6120 i 6 !0.003514298 _. ___.. r .._.W_ SCHOOL DISTRICT N0. 2 ?208 855-4500 ? 12 0.000562081 __~~ __._~. _._.. ~.. _.__...~ _._.. _._._.. iMERIDIAN LIBRARY .~. _ ~.__.., ._,.... ._.__..__...~_, 1208 888-4451 29 0 000036516 ... _.,, . ~ ._.._ _i . ___ _. ,_.. _. ~_ .... 'MERIDIAN CEMETERY ___ i _ ~.._~__.___.. _.... _. _ . _ .__ ___ 208 888-5133 ' a a ?30 0 002399998 ~ _. ;MERIDIAN FIRE ~___._...._.. .,_ ._..___,,,_.._._,. _... X208-888-1234: ;93 0.000029491 ,'MOSQUITO ABATEMENT X208-577-4696 :460.000083336 __.. _ ~__ ..__ ___ :WESTERN ADA RECREATION __,i ._---._,._ ery._.-.... _. ... 208 687 1730 _ , - ;1000.000133257 (COLLEGE OF WESTERN IDAHO ..,__.._. ..._._ ...._ _.....____ 208 562 2113 Total Levy: 0 010686873999999999 Taxes, Certifications, and See• Year Total Taxes Taxes Paid Taxes _., ... _ w_, . _._ ._ .... ......... . . .. Due Delinquent ~ Tax Data _. . _ ._ _ ... _ .._ a Current as oP( . 2009 S28.89 ~S28 84 DSO 00 . . No 03/12/2010 2008 594.32 {S49 32 50.00 No 03/12/2010 ~..` 2007_ S92.89 S42.69 50.00 _ __v.... !NO 03/12/2010 ' -._._ 2006 S46.44 iS96 49 ;$0.00 ;NO ;03/12/2010 Characteristics Land httn://www.adacountvassessor.ore/nronsvs/PrintParcel.do?vearParce1=2009~112133C476 3/15/2()1() Meridian City Council Meeting DATE: May 11, 2010 ITEM NUMBER: 4l n PRUJECT NUMBER:. F~~ 09-fl05 ITEM TITLE: Bayern Subdivision Findings of Fact, Conclusions of Law, and Decision & Order: RZ 09-005 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request for Rezone of 6.54 Acres from C-G to I-L Zone and Rezone of 1.12 Acres from I-L to C-G Zone MEETING NOTES -~ (n fro eC-~ ~i l e . Sep Q m Sv ~ J `~z o~-ooh CLERKS OFFICE F/NAL ACTION DATE: E-MANED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~1 Merialian City Council Meeting DATE: May 11, 2010 ITEM NUMBER: 4~ n PROJECT NUMBER: PFP 10-001 ITEM TITLE: Monica Subdivision Findings of Fact, Conclusions of Law, and Order & Decision: PFP 10-001 Monica Subdivision by B2 Investments, LLC Located at 327 N. Linder Road: Request for Approval of a Combined Preliminary /Final Plat consisting of 3 Building Lots on 3.62 Acres of Land in an I-L Zoning District MEETING NOTES ~Y, ~ ~~ -~ ~ 2 - l~tor ~ C o~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~1 Meridian City Council Meeting DATE: May 11, 2010 ITEM NUMBER: 4K n PRC}.JECT NUMBER: TE 10-002 ITEM TITLE: Emerson Park Order Granting an Eighteen Month Time Extension for Emerson Park Subdivision: TE 10- 002 Emerson Park by Kuna Victory, LLC Located at 2910 8~ 3030 S. Meridian Road: Request for an 1 &Month Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NQTES ~n ~,~ ~~ck `~<<~ ' ~m e,;r Son 1~a r~ Tc ro -~~a- CLERKS OFFICE F/NAL ACTION DATE: E-AAAfLED TO STAFF 8ENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~~ Meridian City Council Meting DATE: May 11, 2010 ITEM NUMBER: 4L PRIDJECT NUMBER: ITEM TITLE: Resolution No. Ic> -~a3 A Resolution to Amend the Future Land Use Map of the 2002 Comprehensive Plan for Approximately b.54 Acres Known as the Seyam Subdivision Located at Approximately 1,200 Feet East of the Eagle/Franklin Intersection, Meridian, Idaho from Commercial to Industrial and Approxima#ely 1.12 Acres of land from. Industrial to Commercial MEETING NOTES CLERKS OFFICE FINAL ACTION DATEc E-NIAI~ED TO gTAFF 8ENT TO AGENCY SENT TO APPLICANT NOTE8 INITIALS ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3 BOISE IDAHO 05I12l10 03:09 PM DEPUTY Bonnie Oberbillig III IIIIIII~II'IIIIIIIIIIIIII~II I II'll ~ RECORDED-REQUEST OF Meridian City i 1004392 CITY OF MERIDIAN RESOLUTION NO. 1 ~ - ~ a3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 7.66 ACRES KNOWN AS THE SEYAM SUBDIVISION PROPERTY LOCATED ON THE NORTH SIDE OF FRANKLIN APPROXIMATELY 1,200 FEET EAST OF THE EAGLE/FRANKLIN INTERSECTION, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 n to establish resolutions not inconsistent with the laws of the state of Idaho as maybe 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 City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 6.54 acres known as the Seyam Subdivision located at approximately 1,200 feet East of the Eagle/Franklin intersection, Meridian, Idaho from Commercial to Industrial and approximately 1.12 acres of land from Industrial to Commercial; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. 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 §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached COMPREHENSNE PLAN AMENDMENT FOR FUTURE LAND USE MAP -SEYAM SUBDNISION CPA 09-007- Page 1 of 2 hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~, day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this Il day of 2010. APPROVED: ,^ Q~''~ Mayor Ord ATTEST: G .oup~o rF v By: Jaycee Holman, City Clerk _ SEAL ~`~ .: -, 9 Q' rrrr-rn n-~~~ COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - SEYAM SUBDIVISION CPA 09-007- Page 2 of 2 n Exhibit A -Comprehensive Plan Future Land Use Map -Adopted & Proposed Land Use Designations n Exhibit A Meridian City Council Meeting DATE: May 11, 2010 ITEM NUMBER: 4M PROJECT NUTIBER: ITEM TITLE: Resolution No. - ; A Resole#ion Adopting the Changes to the Rate Schedule of the Solid Waste Collection and Authorizing the City of Meridian Utility Department to Collect Such; and Providing an Effective Date MEETING NOTES CLERKS OFFICE FINAL ACTION ~~. E-MAILED TO 8TAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~1 CITY OF MERIDIAN RESOLUTION NO. ~ ~ " ~ a BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE CHANGES TO THE RATE SCHEDULE OF THE SOLID WASTE COLLECTION; AUTHORIZING THE CITY OF MERIDIAN UTILITY BILLING DEPARTMENT TO COLLECT SUCH RATES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on May 4, 2010, the City Council of Meridian held a hearing on the adoption of the proposed changes to the Rate Schedule of Solid Waste Collection, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed changes to the Rate Schedule of Solid Waste Collection; WHEREAS, the proposed changes to the Rate Schedule of the Solid Waste Collection are based on the implementation of the Automated Trash Collection System. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Rate Schedule of the Solid Waste Collection, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the City of Meridian Utility Billing Department is hereby authorized to implement and carry out the collection of said rates. Section 3. That this Resolution shall be in full force and effect with the beginning of the July 5, 2010 billing cycle to be reflected on the August billing statements of the City of Meridian Utility Billing Department based on the implementation of the Automated Trash Collection System. ADOPTED by the City Council of the City of Meridian, Idaho this ~ day of May, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~~day of May, 2010. .~`~~~ '~ OF HER/ ~~~~~%'~ \\ ~~ T ATTEST: ~ ~ APP VED: 1 r ~~i ~ $EAL = Jayc Ho an, City Cletlc 'C~, o,°~ ,, q ~~ ~,~ ADOPTION OF RATE SCHEDULE O`F~[~ T~COLLECTION PAGE 1 OF 1 Proposed Solid Waste Collection Rate Changes Proposed Rates Effective Billing Cycle of 7/5/2010 n Sanitary Service Inc. based on the imX Current Rate Structure Proposed Rate Structure" Residential $ 13.45 95-gallon service (incl. recycling) $ 16.32 Toter Carts $ 2.88 65-galllon service (incl. recycling) $ 14.32 Habitual Late Can Fee $ 5.00 35-gallon service (incl. recycling) $ 12.32 Late Can Fee $ 10.00 per occurance Extra Carts $ 2.00 per cart, per mont Cart Pickup /Exchange for a larger cai $ 12.00 per event Cart Delivery free Rate based on largest garbage cart s ize. Rates per month unless otherwi: Commercial Carts (Current) 1/wk 2/wk 3/wk 1, 95-gal cart $ 26.52 $ 50.17 $ 73.80 2, 95 gal cart $ 53.05 $ 100.32 $ 147.61 3, 95-gal cart $ 79.57 $ 150.50 $ 221.40 Commercial Carts (Proposed) 1/wk 2/wk 3/wk 1, 95-gal cart 2, 95 gal cart NO CHANGE 3, 95-gal cart Commercial Containers (Current) 1/wk 2/wk 3/wk 4x/wk 5/wk 6/wk 1 1 /2 Yd $ 86.18 $ 122.88 $ 158.93 $ 213.21 $ 267.37 $ 321.53 3 Yd $ 90.30 $ 146.27 $ 202.32 $ 266.57 $ 350.42 $ 424.50 6 Yd $ 140.89 $ 227.63 $ 314.27 $ 419.04 $ 523.86 $ 628.63 8 Yd $ 167.26 $ 260.26 $ 346.92 $ 448.73 $ 557.21 $ 660.84 Commercial Containers (Proposed) 1/wk 2/wk 3/wk 4x/wk 5/wk 6/wk 1 1 /2 Yd 3 Yd NO CHANGE ~~6 Yd 8 Yd Commercial Compactors Current Proposed 2 Yd $ 49.68 3 Yd $ 68.59 4 Yd $ 87.84 NO 5 Yd $ 107.14 CHANGE 6 Yd $ 125.90 8 Yd $ 169.17 Temporary Container Service Current Proposed Delivery $ 20.56 Daily Rental - 3 Yd $ 0.78 Monthly Rental - 3 Yd $ 21.00 NO Extra Dump 3 Yd $ 29.16 CHANGE Extra Dump 6 Yd $ 42.58 Extra Dump 8 Yd $ 54.81 Miscellaneous Collection Services Tires $ 5.00 NO CHANGE Freon-containing units $ 47.70 NO CHANGE Special Collection $13.00 for 5 min $20 for 20 min and $20 for every portion of 20 min thereafter Fall Leaf Collection Free NO CHANGE -two weeks in the Fall Christmas Tree Collection Free NO CHANGE -first full week after Christmas /'\ Roll Off Services (Current) $51.15 per haul + disposal with franchise fees (6 - 10 CY containers) $114.45 per haul + disposal with franchise fees (20 - 40 CY containers, Weekdays) $173.48 per haul + disposal with franchise fees (20 - 40 CY containers, Weekends) n $141.54 per haul + disposal with franchise fees (asbestos -Ada County) $225.20 perhaul + disposal with franchise fees (asbestos -Idaho Waste Systems) $88.36 per hour Extra services Roll Off Services (Proposed) NO CHANGE Voluntary Commingled Recyclable Collection (Current) 1 x/week 2 x/week 3 x/week 4x/week 5x/week 5 Yd container $ 62.50 $ 100.20 $ 137.50 $ 175.00 $ 212.50 Every other week $ 50.10 1 cart/week 2 cart/week 3 cart/week 4 cart/week 5 carUweek 6 cart/week 95-gallon carts $ 23.00 $ 26.00 $ 29.00 $ 32.00 $ 35.00 38 Every other week $ 14.50 Voluntary Commingled Recyclable Collection (Proposed) NO CHANGE ~\ r\ Meridian City Council Meeting DATE; May 11, 2010 ITEM NUMBER: 4H n PROJECT NUMBER: ITEM TITLE:. Budget Amendment: Request for Spending Authority of the Energy Efficiency Block Grant (EEBG) the City was Awarded Last Year for aNot-to-Exceed Amount of $550,800. MEETING- NOTES n CLERKS. OFFICE FINAL. 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Z Meridief~ City Council Meeting DATE: May 11, 2010 ITEM NUMBER: 6A PRGIJECT NUMBER: ITEM TITLE: Planning Department: Meridian GIS Committee Update MEETING NUTES n CLERKS 4Ff=fCE FINAL ACTfON DATE: E-MAILED TO gTAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~1 (~~E IDR IAN-- ionHO J May 7, 2010 MEMORANDUM TO: Mayor and Council FROM: Anna Canning, AICP, Planning Director d~_ RE: City of Meridian GIS Team MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba The purpz~se of this brief memo and the item on the Council Agenda for May 11~' is to introduce our City of Meridian GIS Team. The GIS Team is composed of knowledgeable ~, individuals throughout many city departments: Elizabeth Ashworth (Police), Kathi Buttars (Wastewater/Water), Anna Canning (Planning), Matt Ellsworth (Planning), Karie Glenn (Utility Billing), Jaycee Holman (Clerk), Robin Jack (Public Works), Bill Johnson (Fire), Rachel Myers (Parks and Recreation), Terry Paternoster (IT), David Tiede (IT), and Rob Sosnowski (IT). The purpose of the GIS Team is to advance, improve, integrate, promote, and succeed at unifying GIS within the City of Meridian. We have been meeting twice a month since March, and we anticipate continuing on that schedule through the end of July. This is an aggressive agenda, but thus far the team is collaborating well and staying on task to complete the items. A lot of this has to do with the firm guidance of Rob Sosnowski, our team leader, who deftly keeps us on track and patiently sidesteps my attempts to detour the group. We plan to accomplish the following within the July timeframe: Step 1. Prepare for Program. We completed this task, which consisted of deciding on how the group would function, developing our purpose statement, conducting a strengths, weaknesses, threats, and opportunities analysis, and identifying key stakeholders and grouping them according to influence and importance. Step 2. Identify Business Opportunities. We are now in the process of interviewing our key stakeholders to elicit comments on how GIS can best contribute to the City of r„~ Meridian. One of those "interviews" will be a user survey sent to all city employees to Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-884-8119 . www.meridiancity.org Page 2 better understand how City staff is using GIS. That survey is nearly complete. We are also preparing an executive briefing presentation to provide to stakeholders as we meet to discuss their aspirations and concerns regarding Meridian GIS. Step 3. Prioritize Business Opportunities. Once we conduct the interviews to determine the business opportunities, we will prioritize these. Step 4. Construct GIS Program. At this stage, we gather all our previous efforts into a plan for the City. We have already started working on this step; specifically, we found it necessary to better understand our data needs, wants, and desires in constructing a GIS program. To that end, there are certain members of our team that are closely involved with the data needs of the City; these individuals meet as a subgroup to discuss the data needs and coordination. Step 5. Define Project Control. This step is a refinement of step 4 to detail how the GIS projects we identify will be governed and managed. The remaining series of steps are all concerned with the business analysis of our proposal. We understand that it will be important for the public, department directors, Mayor, and Council to fully understand the cost and benefits of embarking on the GIS Program. Those steps include: Step 6. Specify and Cost GIS Projects; Step 7. Estimate Benefits; Step 8. Create Benefits Roadmap; and Step 9. Calculate Financial Metrics. Step 10. Build and Present Report. We look forward to working on the remaining steps over the summer and hope to be back before you in August to present our report. Thank you for allowing us the opportunity to brief you on our efforts and aspirations with regard to GIS in the City of Meridian. In short, all of us know that GIS is an incredible tool and the City will benefit from coordinating and expanding GIS efforts throughout all City departments. Meridian Ci#y Council Meeting DATE: May 11 ~ 2010 ITEAA aUMIBER: 6B n PROJECT NUIIIIBER:. ITEM TITLE: legal Department. Report -Discussion of City/Ada County Highway District ~ACHDj Interagency Governmental Agreement #or Waiver of Costs and. fees MEETING NOTES /'~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS l Se~,ssi ~. ~--~ INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES THIS INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES ("Agreement") is made and entered into this day of , 2010, by and between the Ada County Highway District, a body politic and corporate of the State of Idaho ("ACHD") and the City of , an Idaho municipal corporation ("City"). RECITALS A. ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction, and authority to maintain, improve, regulate, and operate public rights-of- way in Ada County. B. City is a public entity organized and operating pursuant to Idaho Code Title 50, as amended and supplemented. City is a municipal corporation with jurisdiction, authority and police power to regulate and control municipal activities within the City. C. Idaho Code § 67-2332 provides that one or more public agencies may contract ~ with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. D. ACRD and City are both "taxing districts," as defined by Idaho Code § 63-201. E. Pursuant to Idaho Code § 67-8203(7) of the Idaho Development Impact Fee Act, a taxing district must pay an impact fee for a development that is for an activity within the taxing district's public responsibility if ACHD's impact fee ordinance expressly includes taxing districts as being subject to paying development impact fees. F. ACHD's Impact Fee Ordinance No. 208, as amended from time to time (the "Ordinance") Section 7304.2 expressly states that taxing districts are obligated to pay development impact fees, unless ACHD and the taxing district enter into a written agreement that provides otherwise. G. The parties have determined that it is against public policy for two taxing districts comprised of some or all of the same taxpayers to tax one another. The parties have further determined it to be in the public's best interest to provide that neither party shall charge the other any fees or other amounts that would otherwise be funded by taxpayer funds. INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 1 H. In consideration of the above, the purpose of this Agreement is to set forth in writing the parties' agreement that neither party shall be obligated to provide any fees or charges to the other during the term of this Agreement as further set forth below. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually undertake, promise, and agree as follows: SECTION 1. PURPOSES AND POWERS/INCORPORATION OF RECITALS In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above are incorporated into the body of this Agreement. SECTION 2. NO PAYMENT OF FEES During the Term (defined below) of this Agreement, neither party shall be obligated to ~ pay to the other any fees, impact fees, charges, or any other types of expenditures (each of the foregoing defined herein as a "Fee") for any services, activities, unimproved rights-of--way, other unimproved real property, regardless of the provision and/or transfer to the other of such services, activities, rights-of--way, or other real property, except as otherwise agreed in writing and signed by both parties. SECTION 3. EFFECTIVE DATE/TERM AND TERMINATION 3.1 Effective Date. This Agreement shall become effective upon the date upon which both parties' governing boards have authorized it (the "Effective Date") pursuant to Idaho Code § 67-2332. 3.2 Term and Termination. The term of this Agreement shall be ten (10) years (the "Term") after the Effective Date unless it is terminated earlier as follows: Either party may terminate this Agreement upon sixty (60) days' written notice to the other, provided, however, that any Fees that would have been due and payable by the terminating party eighteen (18) months prior to .the date of termination that were not owed due to the existence of this Agreement shall become immediately due and payable and paid on the date of termination of this Agreement. Subject to the foregoing, upon termination of this Agreement, neither party shall have further recourse hereunder except with respect to the payment of Fees as set forth in this Section 3.2 SECTION 4. INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 2 GENERAL PROVISIONS 4.1 Constitutional Debt Limitation. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. 4.2 Attorney Fees. In the event of any controversy, claim, suit, proceeding or action being filed or instituted between the parties to enforce the terms and conditions of this Agreement, or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration. 4.3 Choice of Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 4.4 Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. ~ 4.5 Binding_Agreement. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 4.6 Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 4.7 Waiver Acknowled~nents and Modifications. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACRD and City. 4.8 Headings. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 4.9 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. 4.10 Limitations on Liability. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 3 subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. 4.11 Time is of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. City: CITY OF By: Its: Mayor ATTEST: by: Its: Deputy City Clerk ACHD: ADA COUNTY HIGHWAY DISTRICT By: Its: SBP FINAL.DOC /"\ INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 5 Meridian City Council Meeting DATE: May 11, 2010 tTEAA NUMBER: 6C n PROJECT ~1UM8ER: ITEM TITLE: Police Department Update/Strategic Focus Discussion MEETING NOTES n CLERKS OFFICE F/NAL ACTION DATE: E-MUULED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS / ~ n ~~~/'~' ~1 Meridian City Council Meeting DATE: May 11, 2010 ITEM DUMBER: 6D n ~ PROJECT NUMBER: ITEM TITLE: Police Department (Code Enforcement Division) Report: Update to Meridian City Code Provisions Regarding Weeds and Other Nuisances MEETING NOTES n CLERKS OFFICE FINAL ACTION DATE: E-M/ULED TO 8TAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIAl3 ~~S t ~ ~~ RAF Police Department Report, 5- 11- I 0 s-~ CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING CHAPTER 3, TITLE 4, MERIDIAN CITY CODE, REGARDING WEEDS; REPEALING CHAPTER 4, TITLE 4, MERIDIAN CITY CODE, REGARDING ABANDONED OR INOPERABLE VEHICLES; REPEALING AND REPLACING CHAPTER 2, TITLE 4, MERIDIAN CITY CODE REGARDING JUNK VEHICLES, WEEDS AND OTHER NUISANCES: DEFINITIONS, NUISANCE CONDITIONS PROHIBITED, RESPONSIBLE PARTY, ABATEMENT OF NUISANCES, APPEAL, FAILURE TO ABATE, PENALTIES FOR VIOLATION, LEGAL ACTION, HINDERING AUTHORIZED PERSON, SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Idaho Code section 50-334, the City of Meridian is empowered to declare what shall be deemed nuisances, to prevent, remove, and abate nuisances at the expense of the parties creating, causing, committing, or maintaining the same, and to levy a special assessment on the land or premises whereon the nuisance is situated to defray the cost or to reimburse the City for the cost of abating the nuisance; WHEREAS, the provisions of the City Code of the City of Meridian regarding nuisance require an update to address nuisance conditions common to our community today, provide for ,~ more effective deterrence of such conditions, and effectively recover taxpayer expenses that are spent to abate such nuisances; WHEREAS, as of July 1, 2010, pursuant to Idaho Code section 49-1819, the state code provisions regarding the definition and removal of abandoned vehicles will preempt municipal regulation thereof, though junk vehicles are still appropriately addressed in the nuisance provisions of City Code; and WHEREAS, the City Council deems it to be in the best interest of the health, safety and welfare of its citizens to revise the existing ordinances relating to nuisances, particularly the nuisance conditions presented by unattended weed growth, so as to better regulate and govern the safeguarding of life and property from the risks of fire and other hazards to health, safety, and property that are associated with such nuisances within the community; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Chapter 3, Title 4, of the Meridian City Code shall be repealed. Section 2. That Chapter 4, Title 4, of the Meridian City Code shall be repealed. Section 3. That Chapter 2, Title 4, of the Meridian City Code shall be repealed and replaced with the following language: JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 1 of 6 RAF Police Department Report, 5-1 I - I 0 TITLE 4 PUBLIC HEALTH AND SAFETY CHAPTER 2 JUNK VEHICLES, WEEDS AND OTHER NUISANCES 4-2-1: DEFINITIONS: A. JUNK VEHICLE: Any vehicle, or parts thereof, which: 1. Cannot be safely operated under its own power; 2. Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rear view mirrors, windshield wipers, or adequate fenders; 3. Has been declared salvage, or has been physically damaged to the extent that the cost of parts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle; or 4. Is otherwise in a wrecked, partially dismantled, inoperative, or dilapidated condition. B. NUISANCE: Anything which unreasonably injures or offends the health or senses; obstructs the free passage, comfortable enjoyment, or customary use of public or private property; or creates an actual or potential safety, health, or fire hazard. C. WEEDS: Undesirable plant growth, whether living or dead, that is unkempt, unsightly, ,•-~ deleterious and/or injurious to the public. This definition shall not include cultivated grasses and pastures, though such vegetation may be declared a nuisance where otherwise appropriate. 4-2-2: NUISANCE CONDITIONS PROHIBITED; RESPONSIBLE PARTY: A. Nuisance prohibited. It shall be unlawful for any owner, occupant, user, or person in charge or control of any property to create, cause, commit, maintain, or allow the existence of any nuisance on such property, or upon any street, sidewalk or public right of way abutting such property including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. This prohibition shall specifically include, but shall not be limited to, the following nuisance conditions: 1. The proliferation and/or growth of weeds which: a. Are over eight inches (8") in height; b. By reason of size, manner of growth, location, or dryness, constitute a safety, health, or fire hazard to any person, building, improvement, crop, or other real or personal property; or c. Are designated as noxious weeds by the state of Idaho. 2. One (1) or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or otherwise concealed from public view pursuant to Title 11, Meridian City Code, ,..~ except as to junk vehicles stored or parked pursuant to the operation of a lawfully conducted business, industry or commercial enterprise. JUNK VEHICLES, WEEDS AND OTHER I~lUISANCES ORDINANCE PAGE 2 Of E) ~~~~ Police Department Report, 5-1 I - I 0 3. Noise from any radio, television set, loudspeaker or other device that it disturbs the peace and quiet of a residence, except as otherwise allowed by permit or law. 4. Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary condition. 5. Refuse, vegetable decay or any decaying substance, garbage or filth of any kind which is exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary condition. 6. Discarded matter which has no substantial market value, is exposed to the elements, and is not enclosed in any structure or otherwise concealed from public view, including, but not limited to: rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood, scrap metal, tires, broken glass, and/or other dilapidated or deteriorating personal property. 7. The accumulation of and failure to lawfully dispose of solid waste on any commercial or residential premises. 8. Any building or structure that is so dilapidated or is in such condition as to menace the public health or the safety of persons or property on account of increased fire hazard or r-~ otherwise. B. Responsible party. Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited, the owner of record, as reflected on the most recent assessment role, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be responsible for payment of any and all costs incurred in abating the nuisance. The owner of record shall bear the burden of rebutting this presumption. 4-2-3: ABATEMENT OF NUISANCES: A. Notice and Order to Abate. If it is determined by a code enforcement officer that a nuisance exists on any property, the code enforcement officer shall cause a notice of violation and order to abate to be issued to the owner, occupier, and/or person in control of such property. Such notice and order shall contain the street address and parcel number of the property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The code enforcement officer shall issue such notice and order to the owner, occupier, or person in control of the property on which the nuisance exists in one of the following ways: 1. By personal service upon such owner, occupier, or person in charge or control of the n property; or JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 3 of 6 ~~ Police Department Report 5- 11- I 0 r-~ 2. By regular mail to such owner, occupier, or person in charge or control of the property, at the address shown on the last available assessment role, or as otherwise known; or 3. By posting such notice and order at a conspicuous place on the property and publishing one (1) notice in the official newspaper of the City that the property has been posted in accordance with this Chapter and ordering the owner, occupier, or person in charge or control of the property. B. Time period for abatement. It shall be the duty of the owner, occupier, or person in charge or control of any property where any nuisance exists, to abate such nuisance within five (5) calendar days from the date of personal service, mailing, or publication. The code enforcement officer may require summary abatement of a nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. 4-2-4: APPEAL: Within five (5) calendar days from the date of service, mailing, or publication of the notice of violation and order to abate, the owner, occupier, and/or person in charge or control of the subject property may appeal to the City Council by filing a written appeal with the City Clerk, which appeal shall enumerate the grounds for appeal. The City Clerk shall schedule such appeal for hearing at the next regular meeting of City Council. City Council shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order to abate. The ~ decision of the City Council shall be final. If City Council affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the nuisance as ordered. 4-2-5: FAILURE TO ABATE; PENALTIES FOR VIOLATION; LEGAL ACTION: A. Criminal penalties. Any person who causes, creates, or allows the existence of any nuisance shall be guilty of a misdemeanor. Each and every day in which any such violation shall continue shall be deemed a separate offense. Upon conviction for a violation of this chapter, the City shall request from the criminal court an order of restitution for any and all costs of abatement and/or other related costs incurred by the City. Peace officers and code enforcement officers shall have the authority to issue uniform citations to violators of this Chapter. B. Civil penalties. In addition to any other penalties described in this Chapter, the City may also take civil action to obtain an order enjoining the ongoing maintenance of such property free from nuisance, and/or to recover any and all costs of abatement, enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs. C. Abatement; administrative penalties. In addition to pursuing criminal and/or civil penalties, and notwithstanding the imposition of any civil or criminal fine, penalty or imprisonment, the code enforcement officer, after providing notice and hearing as provided herein, may abate or cause the abatement of any nuisance where the owner, occupant, agent ,..~ or person in control of property does not comply in all respects with an order to abate a nuisance, the code enforcement officer may abate or cause the abatement of such nuisance. JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 4 of 6 ~~~ Police Department Re port, 5- I 1-10 r~ The owner, occupier, and/or person in charge or control of the subject property shall be billed, assessed, and/or held responsible for any and all actual expenses of such work, and any related charges, including fees and fines that may be imposed pursuant to this Chapter and/or adopted by fee schedule, pursuant to the following procedures: 1. Recovery of abatement costs and fees. Within thirty (30) days of abatement of the nuisance, the City shall send to the owner, occupier, and/or person in charge or control of the subject property, by regular mail, a billing statement requiring payment to City the costs of abating the nuisance and administrative fee as established by fee schedule. 2. Nonpayment of abatement costs. If full payment is not made to City within fifteen (15) days of the mailing of the billing statement requiring payment of abatement costs and fees, the City may: a. Attempt to recover such amount through the City bill collection procedures; and/or ~'"`~ b. Levy a special assessment against the subject property pursuant to Idaho Code sections 50-1008 and 50-334 and/or any subsequently adopted or otherwise applicable laws. Notice of the special assessment shall be sent by regular mail to the owner of the subject property, and shall state the address and parcel number of the subject property, date of abatement action taken, and state the amount to be assessed, including any applicable administrative and/or late fees, and shall state that if the assessment is not paid within thirty (30) days, the assessment will be placed on the real property tax rolls and will become a lien against such property. If payment to the City Clerk is not made within thirty (30) days after mailing the Notice of Special Assessment, the assessment shall be declared delinquent and shall be certified, including a ten (10) percent late fee, to the Ada County assessor by the City Clerk, not later than August 1 of each year. Upon such certification, the assessment shall be placed upon the tax roll and shall thereafter become a lien against the property described in the notice and shall be collected in the same manner and subject to the same penalties as other City taxes. Upon payment of the assessment, fees and penalties in full, the City Clerk shall file a Release of Lien with the Ada County assessor. C. Summary abatement. Nothing contained herein shall prevent a code enforcement officer, peace officer, or fire marshal from requiring, undertaking, or causing summary abatement of a nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. D. Noxious weeds. In addition to other remedies set forth this chapter, the code enforcement officer shall notify Ada County of the presence of any noxious weeds. 4-2-6: HINDERING AUTHORIZED PERSON: JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 5 of 6 ~~ Police Department Report 5-11-10 .~ It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized City official or employee to enter upon private or public property to enforce the provisions of this Chapter. 4-2-7: SEVERABILITY: The provisions of this Chapter shall be deemed severable, and a finding by a court of law that a provision of this chapter is unlawful shall have no effect on the remaining provisions. Section 4. That this ordinance shall be effective immediately upon its passage and approval. PASSED by the City Council of the City of Meridian, Idaho, this day of 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2010. APPROVED: ,•~-~ Tammy de Weerd, Mayor ATTEST: Jaycee L. Holman, City Clerk JUNK VEHICLES, WEEDS AND OTHER NUISANCES ORDINANCE PAGE 6 of 6 Meridian City Council Meeting DATE: May 11, 2010 ITEM NUMBER: 6E PRQJECT NUMBER: ITEM TITLE: Ponce Department: Discussion on Draft of In#ergovemmental Memorandum of Understanding (MOUj for Use of Meridian Police Department's (MPD) Canine Holding .Facility MEETING NOTES ~~~ 0~ a5~ t.J e~ a-- ~ ~ ~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITiAL8 ' ~ I C ~l,~.L~ .e ~ ~ Q-- ~ ~n~j n ORAF~ Police Department Report, 5-1 I -10 INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING FOR USE OF MERIDIAN POLICE DEPARTMENT CANINE HOLDING FACILITY This INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING FOR USE OF THE MERIDIAN POLICE DEPARTMENT CANINE HOLDING FACILITY is made this day of , 20 , by and between the City of Meridian, Idaho and AME OF VERNMENTAL GENCY a governmental agency, for the purpose of establishing the mutually-understood and agreed rights, responsibilities, and conditions of such governmental agency's temporary use of the Meridian Police Department Canine Holding Facility. I. RECITALS WHEREAS, the City of Meridian owns and operates the Meridian Police Department Canine Holding Facility for the boarding and care of police dogs; and WHEREAS, the above-mentioned governmental agency has requested that the City of Meridian allow law enforcement officers employed by such agency to use the Meridian Police Department Canine Holding Facility for the boarding and care of its police dog(s) on a temporary basis; and WHEREAS, the City of Meridian has deemed it to be in the interest of its K-9 program to make the Meridian Police Department Canine Holding Facility available to other law enforcement ~ agencies on a temporary basis, without charge and as space allows, so as to foster a spirit of cooperation and support of law enforcement K-9 programs throughout the state of Idaho and elsewhere; NOW THEREFORE, in consideration of the recitals set forth above, and the mutual terms, conditions, and covenants contained herein, the parties agree as follows. II. DEFINITIONS As used herein, these words shall be defined as follows: A. CITY: The City of Meridian, Idaho, municipal subdivision of the State of Idaho. B. EFFECTIVE DATE: The date upon which the respective governing bodies of the Parties hereto effectuate this MOU by a duly authorized signator. C. FACILITY: The Meridian Police Department Canine Holding Facility, owned by the City of Meridian and operated by the Meridian Police Department, and located at 1401 East Watertower Ave., Meridian, Idaho. D. GUEST: The governing board of the governmental agency signatory to this MOU who seeks to temporarily utilize the Facility for temporary boarding of its police dog(s), and each and P~ all of such governing board's agents, elected or appointed officials, employees, volunteers, and/or officers who enter City premises for any purpose, including but not limited to: MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE I OF 6 GRAFT Police Department Report; 5- l l -10 B. Indemnification. In consideration of permission from the City of Meridian to enter and use the Facility, Guest hereby agrees to indemnify, defend, and save and hold harmless the City of Meridian, its employees, agents, officers, volunteers, and guests from and against any and all demands, suits, actions, claims, losses, judgments, damages, expenses, or costs, whether or not meritorious, including, without limitation, attorneys' or other professional fees, in conjunction with any injury, death, or damage to Guest's police dog boarded at Facility, to other police dogs boarded at Facility, and to other persons or property, arising out of, relating to, or caused or incurred by Guest and/or Guest's police dog, except for those resulting solely from the tortious conduct of City or City's agents or employees. C. Release of liability. Guest forever waives and releases, on behalf of the Guest and the agents, employees, heirs, executors, administrators, assigns, and/or personal representatives thereof, any and all claims and/or rights for damages that Guest or such other persons or entities now have or may have hereafter have against the City of Meridian and/or its employees, agents, officials, officers, volunteers, and guests, suffered in connection with or arising out of the use of the Facility. D. Term of MOU. Unless earlier terminated by either Party or modified in writing by both Parties, this MOU and all terms and conditions hereof shall be in effect for a term of one (1) year from the Effective Date, and shall renew automatically on an annual basis. n E. Termination for cause. If City determines that Guest has failed to comply with any term or condition of this MOU, violated any covenant, agreement, and/or stipulation of this MOU, or engaged in any other act of misconduct in the performance of this MOU; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this MOU; the other Party shall have the right to terminate this MOU by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this MOU shall be terminated upon mailing of written notice of such termination by the terminating party in the manner established herein. This provision shall not impede the right of City to immediately eject Guest or Guest's police dog(s) from the Facility, and/or bar Guest or Guest's police dog(s) from further use of Facility, with no prior notice to Guest, where such ejection and/or bar is deemed by City to be in the best interest of City and/or MPD. Guest shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this MOU or by other cause precipitated by Guest and/or Guest's police dog(s). This provision shall survive the termination of this MOU. F. Termination without cause. Either party may terminate this MOU for any reason at any time by giving at least seven (7) days written notice to the other party in the matter established herein. G. Non-waiver. A waiver of any breach or default of any provision of this MOU shall not be construed as a waiver of a breach of the same or any other provision hereof. MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 4 OF 6 ~~ Police Department Report 5-1 I - I 0 H. Relationship of Parties. It is the express intention of the parties hereto that Guest is, and at all times relevant hereunder shall be, an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this MOU shall be interpreted or construed as creating or establishing the relationship of employer and employee between City and Guest or between City and any official, agent, or employee of Guest. I. Compliance with laws. In the performance of this MOU, Guest shall comply with any and all applicable federal, state, and local laws. J. Entire agreement. This MOU constitutes the entire understanding between the Parties. This MOU supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this MOU may not be enlarged, modified or altered except upon written addendum signed by both parties hereto. K. MOU governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this MOU. Venue shall be in the courts of Ada County, Idaho. L. Advice of Attorney. Each party warrants and represents that in executing this MOU, it has received independent legal advice from its respective attorney and/or has received the opportunity to seek such advice. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed bylaw shall not be to the exclusion of any other remedy. N. Severability. If any provision of this MOU is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this MOU shall not be affected. O. Successors and assigns. Except as otherwise specifically established herein, all of the terms, provisions, covenants and conditions of this MOU shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this MOU, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Guest: Name: Title: Address: Phone: E-mail: MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 5 OF 6 ORAF~ City Jeff Lavey, Chief of Police City of Meridian Police Department 1401 E. Watertower Ave. Boise, Idaho 83642 (208) 888-6678 j lavey@meridiancity. org Police Department Report, 5- I I - I 0 Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. Q. Approval required. This MOU shall not become effective until approved by the respective governing bodies of both the City of Meridian and Guest. IN WITNESS WHEREOF, the parties shall cause this MOU to be executed by their duly authorized officers to be effective as of the day and year first above written. GUEST: Governmental Entity: By: Print name: Title: Date: CITY OF MERIDIAN: BY: Tammy de Weerd, Mayor Attest: Jaycee Holman, City Clerk MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 6 OF 6 Meridian City Council Meeting DATE: May 11, 2010 ITEM NU~ABER: 6F PROJECT NUMBER: ITEM TITLE:.. Police Department: Discussion -Proposed Update of Meridian Police Department Standard Operating Procedures Regarding Off-Duty Secondary Employment of Meridian Police Department Officers and Hiring On-Duty Officers by Private Parties MEETING NOTES ..~.~~ - /'\ CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTE8 INITIALS ~~ I ~ ISC .~ `" ~~ ~~~ Police Department Report 5- I I -10 SECONDARY EMPLOYMENT A. PURPOSE: The purpose of this policy is to establish guidelines to govern off-duty and secondary employment by officers employed by MPD. B. POLICY: The policy of MPD is to allow off-duty or secondary employment where the officer employee is in good standing with MPD, and where such off-duty or secondary employment is appropriate; meets the criteria established in this policy; and protects the welfare, accountability, and efficient operation of MPD, MPD officers, the City of Meridian, and the community. C. DEFINITIONS: 1. Secondary Employer: Any person or entity that employs for any service, labor, or position an off-duty officer employed by MPD. A Secondary Employer may be a public, private, commercial, for-profit, ornon-profit person or entity. 2. Secondary Employment: The provision of any service or labor, or occupation of any position, by an off-duty officer employed by MPD to a Secondary Employer. This definition shall include services provided for monetary, in-kind, or tangible payment or benefit, services provided on an unpaid basis, and services provided for an intangible payment or benefit. This definition shall not include volunteer work undertaken by an officer for or on behalf of a charitable organization. 3. -Law Enforcement-Related Secondary Employment: Employment undertaken by an off-duty officer employed by MPD pursuant to such police officer's formal or informal agreement with a Secondary Employer to do so, where such employment is conditioned on, or typically requires as a substantial component of, the actual or potential use of law enforcement powers or skills by the police officer employee, such as traffic control, crowd control, or security; or guarding, patrolling, or protection of persons and/or property. 4. Non-Law Enforcement-Related Secondary Employment: Employment undertaken by an off-duty officer employed by MPD pursuant to such police officer's formal or informal agreement with a Secondary Employer to do so, where such employment is not conditioned on, and does not typically require as a substantial component of, the actual or potential use of law enforcement powers or skills by the police officer employee. D. PROCEDURES: 1. All Secondary Employment: The following terms, conditions, standards, and criteria shall apply to any and all Secondary Employment, whether Law Enforcement-Related Secondary Employment or Non-Law Enforcement Related Secondary Employment: Page t of ii oRAF'r Police Department Report 5-1 I -10 a. Prior to accepting an offer of employment from a Secondary Employer, the officer shall complete form MPD-28 and obtain approval by the Chief of Police by submitting such form through the departmental chain of command. b. An officer shall be eligible for approval for Secondary Employment only if he or she is in good standing with MPD; continued eligibility for approval of Secondary Employment shall be contingent on such good standing. Suspension or revocation of Secondary Employment approval may be included as a term or condition of sustained discipline. c. Officers who have not completed their probationary period shall not be eligible to engage in Secondary Employment. d. Upon approval of Secondary Employment, unless otherwise indicated in writing, such approval shall be effective through December 31 of the calendar year in which the approval is provided. An MPD officer seeking to renew such approval shall do so by submitting a new form MPD-28 and obtaining approval by the Chief of Police through the departmental chain of command. e. Upon denial or revocation of approval of Secondary Employment, the affected MPD officer may file one (1) written notice of appeal to the Chief of Police within ten (10) calendar days of the date of such denial or revocation. The Chief of Police shall review the notice of appeal and either reverse or affirm the denial. If the Chief affirms the denial or revocation, the affected MPD officer may file one (1) written notice of appeal with the Director of Human Resources within ten (10) calendar days of the affirmation of denial or revocation. The decision of the Director of Human Resources on the matter shall be a final decision. £ An officer who is on medical, sick, or other leave due to illness, temporary disability, or injury shall not be eligible to engage in Secondary Employment. g. Permission and/or approval of Secondary Employment may be revoked where it is determined by the Chief of Police that such Secondary Employment is contrary to the best interests of MPD or the City. h. An officer may work a maximum of twenty-four (24) hours of Secondary Employment per week, or a total of sixty (60) hours in combination with MPD duty per week. i. An officer shall sleep for at least seven (7) hours between any work provided for or on behalf of a Secondary Employer and going on duty with MPD. j. Any work undertaken for or on behalf of a Secondary Employer shall occur while the MPD officer is off duty. No MPD officer may utilize City resources of any kind for any purpose related to Secondary Employment, including but not limited to City uniform, badge, personnel, computers, printers, Internet access, a-mail, supplies, Page z of ii COmltt@nt [E3]. See proposed draft of updated MPD-38 form. _____ J O RAFT Police Department Report, 5-11-10 financial resources, logo, name, telephones, or fax machines. All City-owned and /'~ City-issued equipment and assets shall be used solely for advancing the City's operational purposes. k. Work hours for any Secondary Employment must be scheduled in a manner that does not conflict with or interfere with the officer's performance of his or her primary duties and/or obligations to MPD and the City. A police officer who is on call for MPD while engaged in Secondary Employment is expected to, and shall, immediately leave his or her Secondary Employment in case of call-out. i"~ m. Any MPD officer making an off-duty arrest or taking any official police action while engaged in Secondary Employment shall follow strictly any and all applicable policies, procedures, and protocols regarding off-duty officer action. n. MPD officers approved for Secondary Employment expressly agree that their personal financial records and/or time records may be requested and audited for potential conflicts of interest at any time, including prior to providing approval for Secondary Employment, during the course of Secondary Employment, and/or after the conclusion of Secondary Employment. Failure to provide such records upon MPD request may result in denial or revocation of Secondary Employment. o. If, for any reason, an MPD officer engaged in approved Secondary Employment terminates his or her Secondary Employment or is terminated from such Secondary Employment, such officer shall, within forty-eight (48) hours, submit written notification of such termination to the Chief of Police through the departmental chain of command. p. An MPD officer engaged in approved Secondary Employment shall, within forty- eight (48) hours, submit written notification of any material change in such Secondary Employment, including, but not limited to, the number of hours, type of duties, or demands thereof. Officers uncertain whether a change is material are advised to report such change. q. Approved Secondary Employment is considered to be a privilege, not an entitlement. Secondary Employment shall not be subject to any collective bargaining process. If, at any time during the term of validly approved Secondary Employment, an employee's conduct or Secondary Employment conflicts with this policy or any other policy or interest of MPD or the City of Meridian, such approval may be suspended or revoked without notice. 2. Law Enforcement-Related Secondary Employment: MPD officers may engage in Law Enforcement-Related Secondary Employment where, in addition to the general criteria for any Secondary Employment: Page 3 of tt /"~ ~F~ Police Department Report, 5- I I - I 0 a. The Law Enforcement-Related Secondary Employment shall present no actual or /'~ potential conflict of interest between duties as a law enforcement officer and duties for the Secondary Employer. Secondary Employment prohibited due to such actual or potential conflict of interest shall include, but shall not be limited to, the Following examples: (1) Employment as a private investigator within Ada County or any county contiguous thereto. (2) Employment involving the service or sale of alcoholic beverages for on-premise consumption. (3) Employment involving the sale, manufacture, or transport of alcoholic beverages as its principal business. (4) Employment as a process server, repossessor, or bill collector. (5) Employment by a bail bond agency. (6) Employment by a Secondary Employer who has been convicted of a felony. (7) Towing of vehicles. (8) Any employment in which police authority is or may be used to locate and/or collect money, persons, or merchandise for private purposes. (9) Employment involving personnel investigations for the private sector. (10) Any employment that does or may require access to police information, files, records, or services. (11) Employment that assists, in any manner, preparation of a case for the defense in any criminal action. (12) Employment that assists, in any manner, preparation of a case for either side in a civil action or proceeding. (13) Employment by or work for a business or labor group that is on strike, or at the site of a strike, lockout, picket, or other physical demonstration of a labor dispute. (14) Employment within an occupation or area that is regulated by or licensed through any law enforcement agency or board. (15) Employment as a peace officer for any other law enforcement or public agency. Page 4 of ii ~~ Police Department Report, 5- l l -10 b. The Law Enforcement-Related Secondary Employment shall not constitute a threat to the status or dignity of law enforcement as a professional occupation. Secondary Employment prohibited due to such threat shall include, but shall not be limited to, the following examples: (1) Any establishment that, as its principal business, sells pornographic books or magazines, sexual devices or videos, or that otherwise provides entertainment or services of a sexual nature. (2) Employment involving the sale, manufacture, or transport of alcoholic beverages as its principal business. (3) Any gambling establishment. c. The Law Enforcement-Related Secondary Employment shall not involve the MPD officer's on-duty prestige or influence for private gain or advantage. d. The Law Enforcement-Related Secondary Employment shall not involve the MPD officer's receipt or acceptance of any money or other consideration$om anyone other than MPD or the City of Meridian for the performance of any act that the MPD officer would be required or expected to render in the course and scope of his or her employment as an MPD officer. e. The Law Enforcement-Related Secondary Employment shall not involve the performance of any act that may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other MPD officer or City of Meridian employee. n Page 5 of ii oRAFT Police Department Report, 5-11- I 0 HIRING OF ON-DUTY OFFICERS BY PRIVATE PARTIES A. PURPOSE: The purpose of this policy is to establish guidelines to govern the hire of on- duty MPD officers by private parties. B. POLICY: The policy of MPD is to allow private parties to hire on-duty MPD officers for a fee paid to the City of Meridian, where such hire is appropriate; meets the criteria established in this policy; and protects the welfare, accountability, and efficient operation of MPD, MPD officers, the City of Meridian, and the community. C. DEFINITIONS: I. Extra-Duty Customer: Any person or entity that hires, by payment to the City of Meridian of the appropriate fee(s) established by fee schedule, an on-duty officer employed by MPD to provide aLaw-Enforcement Related Service. Such Extra-Duty Customer may be a public, private, commercial, for-profit, or non-profit person or entity. 2. Extra-Duty Assignment: The provision of Law-Enforcement Related Service by an officer employed by MPD to an Extra-Duty Customer. 3. Law Enforcement-Related Service: Service(s) provided to an Extra-Duty Customer by an on-duty officer employed by MPD pursuant to such officer's assignment or order by his or her commanding officer, requiring the actual or potential use of law enforcement powers or skills, such as traffic control, crowd control, or security; or guarding, patrolling, or protection of persons and/or property. D. PROCEDURES: 1. The following terms, conditions, standards, and criteria shall apply to any and all actual or potential Extra-Duty Customers. a. Any person or entity seeking Extra-Duty Assignment of an MPD police officer or officers for private purposes shall submit a written request to the Chief of Police at least thirty (30) calendar days prior to the requested date on the ~formi and in the manner required by the Chief. Upon receipt of complete application materials and application fee as established by fee schedule, the Chief or designee shall issue written approval or denial of such Extra-Duty Assignment. Such approval or denial shall be issued to the applicant in writing within twenty-one (21) calendar days of receipt of complete application materials. (1) Upon the Chief s approval of such Extra-Duty Assignment, the Chief or designee shall prepare an estimate of costs of personnel, equipment and/or materials to be due from the Extra-Duty Customer for such assignment, and the Extra-Duty Customer shall be required to remit payment to the City in the estimated amount at least seven (7) calendar days prior to the assignment. The estimate shall provide for the compensation and full benefits of any and all employees, and the Page 6 of ~~ Comment [e2]: Officer fee: 540.00/liour i Supervisorfce:S50.00lhour Comment [E3]: See proposed draft of application for Extra-Duty Assignment. ~~ Police Department Report; 5- I I - I 0 actual costs of any and all equipment or materials used or provided. Following the event, the Chief or designee shall prepare an invoice for actual costs incurred by the City in the course and scope of the Extra-Duty Assignment. If actual costs are less than estimated costs, the City will refund to the Extra-Duty Customer the difference in the amount paid prior to the event and the City's actual costs. If it is discovered that the City's actual costs were more than the estimated costs, the Extra-Duty Customer shall be required to remit payment for the balance within thirty (30) days. A failure to timely pay all payments due to City shall subject the Extra-Duty Customer to any and all available civil and administrative remedies, and shall provide grounds for denial of future requests for Extra-Duty Assignments. (2) Upon the Chief s denial of an application for Extra-Duty Assignment, the applicant may appeal such denial to City Council by filing a written appeal with the City Clerk within ten (10) calendar days of such denial. The City Clerk shall schedule such matter for hearing before City Council within thirty (30) calendar days of receipt of the written appeal. The decision of City Council on the matter shall be a final decision. b. The required number(s), selection, and designation of any and all personnel assigned to any the Extra-Duty Assignment or related detail shall be made exclusively by the Chief of Police or designee. One (1) MPD supervisor shall be required for every three (3) MPD officers assigned to any Extra-Duty Assignment, which cost shall be paid by the Extra-Duty Customer. c. The Extra-Duty Customer shall be required to indemnify and hold harmless the City, its agents, employees, and officers; and to waive any and all claims against MPD and/or the City of Meridian. d. Approved Extra-Duty Assignment shall be considered to be a privilege granted to a private party, not an entitlement. If, at any time during the term of validly approved Extra-Duty Assignment, such Extra-Duty Assignment, any Extra-Duty Customer, or any other circumstance or situation conflicts with this policy or any other policy or interest of MPD or the City of Meridian; creates a safety or security concern; or is found by the Chief of Police or his designee not to serve the best interests of MPD, the City of Meridian, or the public; such approval maybe suspended or revoked without notice. e. In all matters pertaining to an Extra-Duty Assignment, neither the Extra-Duty Customer nor any officer, employee or agent of the Extra-Duty Customer will be deemed an employee of MPD or of the City. 2. The following terms, conditions, standards, and criteria shall apply to MPD officers undertaking Extra-Duty Employment: Page 7 of i~ n ~~~ Police Department Report 5- 11- I 0 a. All normally and generally applicable MPD and City policies, procedures, and n protocols shall apply to MPD officers in the course of Extra-Duty Employment, including, but not limited to, such policies regarding uniform, identification, equipment, firearms, reporting, arrests, searches, and seizures. b. Overtime due for Extra-Duty Employment shall be assigned, authorized, monitored, and paid pursuant to all normally and generally applicable policies and practices governing same. c. Undercover officers or officers assigned to covert operations shall not be eligible for Extra-Duty Assignment in a uniformed or other capacity which may disclose such officer's law enforcement status. Page 8 of i~ ~~~ Police Department Report, 5-11-10 Form MPD-28 OFFICER REQUEST FOR SECONDARY EMPLOYMENT Officer requesting secondary employment: SECONDARY EMPLOYER INFORMATION: Place of secondary employment: Name of secondary employer: Address of secondary employer: Phone number of secondary employer: Is this Law Enforcement-Related Secondary Employment? ^ Yes ^ No Duties to be performed in the course of secondary employment: Dates and times of secondary employment: ACKNOWLEDGMENT OF MPD POLICIES REGARDING SECONDARY EMPLOYMENT: ~ I, ,hereby acknowledge that I have read and understand each all applicable MPD standard operating procedures regarding secondary employment and off-duty activity, and do hereby agree to comply in every respect with the requirements thereof. I specifically acknowledge, without limitation, that the City of Meridian shall not provide benefits and/or coverage of any kind with regard to any injury and/or claim that I incur in the course and scope of any secondary employment or other off-duty activity. OFFICER SIGNATURE DATE SUPERVISOR USE ONLY: Date request received: _ Supervisor recommendation: Date recommendation received: Check one: Date: By: Police Chie~e ~ave„y ^ Request denied (attach written explanation) ^ Approved as requested; approval effective until: ^ Approved with conditions (attach written explanation) By: ORAF~ Police Department Report, 5-11-10 APPLICATION FOR EXTRA-DUTY OFFICER ASSIGNMENT APPLICANT INFORMATION: Applicant name: Applicant mailing address: Applicant physical address: Applicant phone number: _ Applicant a-mail address: Applicant seeks Extra-Duty Officer Assignment on behalf of (check one and complete): ^ Individual Driver's License state and no.: ^ Organization Organization name: Mailing address: Physical address: Organization tax identification no.: Tax-exempt per 26 U.S.C. § 501(c)? ^ Yes ^ No ^ Corporation Corporation name: Mailing address: Physical address: Corporation tax identification no.: ^ Partnership Partnership name: Mailing address: Physical address: Partnership tax identification no.: ASSIGNMENT INFORMATION: n Date(s) and time(s) of Assignment: Requested duties to be performed by MPD officers: Number of requested MPD officers: Location and address of Assignment: MPD supervisors (1:3): Assessor's parcel number(s): Current land use: Current zoning district: Applicant's interest in property: ^ Own ^ Rent ^ Other Owner name: Other City and/or other government agency permits,date of issuance (+ attach copies): Page ~o of it ~~~~ Police Department Report 5-11-10 ~~ ACKNOWLEDGMENT OF MPD POLICIES REGARDING EXTRA-DUTY ASSIGNMENTS: I, ,hereby acknowledge that I have read and understand each all applicable MPD policy regarding Extra-Duty Assignments, and do hereby agree to comply in every respect with the requirements thereof. I specifically acknowledge, without limitation, that upon approval of this request, I shall be responsible for all costs incurred by the City of Meridian in the course and scope of the Extra-Duty Assignment. APPLICANT SIGNATURE INDEMNITY AGREEMENT: DATE h ,hereby agree to indemnify, save and hold harmless, and defend the City of Meridian from the expenses of and against any and all suits, actions, claims, and/or losses of every kind, nature, and description, including costs, expenses, and attorney fees that may be incurred by reason of any act, omission, neglect, or misconduct of myself and/or the organizers or operators of the use(s), activities, or events described or depicted in this application and/or the supporting documents, and/or any participant therein. APPLICANT SIGNATURE DATE MPD INTERNAL USE ONLY: Date request received: By: Check one: D Request denied (attach written explanation) ^ Approved as requested ^ Approved with conditions (attach written explanation) By: Date: Page ~~ of ii n Meridian City Council Meeting DATE: `May 11, 2010 ITEM NUMBER: 6G ~~ PROJECT NUMBER: ITEM TITLE: Police Department: Discussion -Update on Discharge of Firearms Ordinance MEETING NOTES CLERKS OFFICE F/NAL AC.T/ON DATE: E-MAILED TO 8TAFF SENT TO AtiENCY SENT TO APPLICANT NOTES 1NITIAIg ^~ JJ \ SC.c~.~/1-Q C~ `..~~~ ~~ ~~~~ Police Department Report, 5- I I - I 0 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPLACING TITLE 6, CHAPTER 3, SECTION 10 OF THE MERIDIAN CITY CODE, REGARDING FIREARMS AND DISCHARGEABLE INSTRUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Idaho Code section 18-3302J(4) authorizes cities to adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries, so long as such ordinances do not apply to or affect the lawful discharge of firearms in defense of persons or property, or on a sport shooting range; and WHEREAS, the City Council of the City of Meridian finds that regulating the discharge of firearms and other dischargeable instruments within the City of Meridian will serve the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: That Title 6, Chapter 3, Section 10 of the Meridian City Code shall ~ be repealed, and replaced with the following: 6-3-10: FIREARMS; DISCHARGEABLE INSTRUMENTS: A. Definitions. For purposes of this chapter, the following terms shall be defined as follows: I. FIREARM: A weapon or instrument used in the propulsion of shot, shell, bullets, or other projectile by the action of gunpowder exploded within it. 2. DISCHARGEABLE INSTRUMENT: An instrument used in the propulsion of shot, BB, pellet, blow dart, or other projectile through the action of release of a pressurized gas, compressed air, expanding gas, accelerant, spring, or other force-producing means including, but not limited to, air rifles, spring guns, wrist rockets, air-soft guns, BB guns, pellet guns, paintball guns, rockets having a propellant charge of more than four ounces, bows, compound bows, cross-bows, and re-curve bows. B. Prohibition. No person shall discharge any firearm or dischargeable instrument on public or private property within the City. C. Exceptions. 1. Nothing contained in this section shall be construed to modify or affect State ~ laws or City ordinances governing the discharge of fireworks. DISCHARGE OF FIREARMS ORDINANCE PAGE 1 Of 2 ~~~ Police Department Report, 5- I I - I 0 2. The prohibitions of this section shall not apply to a person lawfully discharging a firearm or dischargeable instrument on a sport shooting range as defined in section 55-2604, Idaho Code, nor be construed to modify or affect the application of state and local laws regarding the permitting and operation of shooting galleries, gun clubs and other such permitted uses. 3. The prohibitions of this section shall not apply to a police officer acting in the course and scope of his or her duties. 4. The prohibitions of this section shall not apply to a person acting in the lawful defense of person or persons or property. 5. The prohibitions of this section shall not apply to a person discharging a starter pistol or other instrument designed and operated as a noise maker only. n 6. The prohibitions of this section shall not apply to a person discharging a firearm or dischargeable instrument for ceremonial purposes, including, but not limited to, military honor guard activities, where such person is first expressly authorized in writing by the Police Chief or his designee to do so and is acting within the time, place, and manner as specified in such written authorization. The Council shall reserve the right to approve or disapprove or revoke and terminate the use which tends to create a hazard or would be otherwise detrimental to the public safety or convenience. D. Penalties. Any person who violates any provision of this Chapter shall be guilty of a misdemeanor. Each day in which any such violation shall continue shall be deemed a separate offense. SECTION 2. That this ordinance shall be effective immediately upon its publication and passage. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2010. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk DISCHARGE OF FIREARMS ORDINANCE PAGE 2 of 2 Meridian City Council Meeting n DATE: May 11, 201 Q ITEM NU~liBER: 7 PROJECT NUMBER: ITEM TITLE: .Executive Session per Idaho State Code 67-2345 (1)(c) - To Conduct Deliberations Concerning Labor Negotiations or to Acquire an interest in Reai Property, Which is Not Owned by a Public Agency ~-~~ cr '~ r~ MEETING NOTES ~-4v `Ck*-c. g ~ ~ ~r ~~ CLERKS OFFfCE FINAL ACTION DATE: E-MA{LED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~1