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Easement with Nampa Meridian Irrigation District for Ingress and Egress Tully Park Pump Site Maintenance AgreementPcElv:EID MAY 1 7 2000 CITY OF MERIDIAN Memo To: Will Berg, Jr. From:Gary D. Smith, PE CC: file Dates 05/16/00 Re: Tully Park Will: Here is a recorded copy of the Tully Park Operation & Maintenance Agreement and the easement for access to the pump station. I have kept a copy for my file so you can put these in your vault for safe keeping. Regards, Gary Fwmthe cieskof... Gary D. Sn*k PE Meridian City Engineer Meridian Public World Departmant 200 E CadtMSt, Site 100 Meridian, Idaho 83642-2600 • Page 1 CA8) 8U-2211 Fac (208) 887-1297 RINGERT CLARK CHARTERED LAWYERS May 15, 2000 Gary D. Smith City of Meridian Public Works/Building Dept. 200 East Carlton, Suite 100 Meridian, Idaho 83642 Re: Tully Park Pump Station Operation and Maintenance Agreement and Easement Dear Mr. Smith: Laura E. Burn Jeffrey R. Christenson D. Blair Clark Michael J. Doolittle S. Bryce -Farris Patrick D. Furey David Hammerquist Charles L. Honsinger Joseph B. Jones Jaynes P. Kaufman Jennifer Reid Mahoney James G. Reid William F. Ringert Daniel V. Steenson Allyn L. Sweeney Samuel Kaufman (1921-1986) Enclosed please find executed and recorded copies of the pump station operation and maintenance agreement in Tully Park. Also enclosed please find a executed and recorded copy of the easement for the pump sight in Tully Park. Sincerely yours, Laura E. Burri LEB/amr Enclosures RECEIVED MAY 16 2000 NIENDM CITY 455 South Third Street • P.O. Box 2773 . Boise, Idaho 83701 . 208/342-4591 FAX 342-4657 EASEMENT (To Pump Site in Tully Park) between CITY OF MERIDIAN and NAMPA & MERIDIAN IRRIGATION DISTRICT RECEIVED MAY 16 2000 MEROM CITY ENGINEER 4 April 2000 Instrument #100025705 RECORDED - REGUEST Dr ADA COUNTY RECORDER DAVID NAVARRO FEE DE Si1IEE, IOAHQ 2090 AP -5 PM 12= 26 1000245105 I#AMpA & MERIDIAN IRRIGATION DISTRICT EASEMENT s THIS EASEMENT, given this 2 ay of ��-' , 2000, between the City of Meridian, a municipal corporation, hereafter referred to as "Grantor", and Nampa & Meridian Irrigation District, an irrigation district organized under the laws of the State of Idaho, hereafter referred to as "Grantee". WHEREAS, Grantor is the owner of certain property more specifically described in Exhibit A and incorporated herein by., reference. WHEREAS, Grantee'aesires an easement for ingress and egress over the property of Grantor, and Grantor has agreed, for good and valuable consideration, to grant to Grantee an easement for ingress and egress in the property more specifically described in Exhibit B and incorporated herein by reference, for the purpose of ingress and egress to install, maintain and operate an irrigation pipeline and pump station. NOW, THEREFORE, Grantor hereby grants to Grantee, an easement for ingress and egress over and across the property more specifically described in Exhibit B for the purpose of ingress and egress to install, maintain and operate an irrigation pipeline and pump station in the property more specifically described in Exhibit B and incorporated herein by reference. EASEMENT - PAGE 1 This Easement shall be perpetual and continue so long as it may be necessary and required by Grantee to operate, maintain and repair the irrigation pipeline and pump station. This Easement shall be binding upon the Grantor, its successors and assigns, and inure to the benefit of the Grantee and its heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Ingress - Egress Easement the day and year first above written. ``,,tt►ttttitttttt,,� or- s BEAL 9 ,Cb e STATE OF IDAHO COUNTY OF ADA THE CITY OF MERIDIAN 4By 2- & rt . Corrie, Mayor By William G. Berg, Jr., City NerkV Ciku, Lo%AAc;,C hr�rvued 3/21/WV0 ss: On this -IL-day of C L ; 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., Mayor and City Clerk of the City of Meridian, Known to me to be the Mayor and City Clerk of the City cf Meridian that executed the foregoing instrument and acknowledged to me that said City of Meridian 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. .•' Sid•• Nota ublic for Idaho A �� „� Residing at: + ,Idaho Ml A V My commission expires: •i tcq: % ; 47. 1 ro b;,� • • EASEMENT- PAGE'34.406006 y C�rZI}ER NO. 92034627 PW . EXHIBIT "A" (. Be tt� TA h The Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, State of Idaho. EXCEPT: All real property in MERIDIAN PARK SUBDIVISION NO. 1 according to the Official records of the recorder, Ada County, Idaho and Lot 1 in Block 4 of Proposed MERIDIAN PARK SUBDIVISION NO. 2, Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to sections 1 and 2, Township 3*North, Range 1 West, Boise -Meridian, Ada County, Idaho; thence along the quarter section line South 89 degrees 27112" East 40.00 feet to a point on the proposed East right-of-way line of Linder Road, said point being THE REAL POINT OF BEGINNING; thence along said right-of-way line. North 0 degrees 00129" West 85.00 feet; thence leaving said right-of-way line South 89 degrees 27112" East 120.00 feet; thence. South 0 degrees 00'29" East 85.00 feet; thence North 89 degrees 27'12" West 120.00 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPTING Any portion of SHERI LYNN SUBDIVISION lying within the Southwest quarter of the Northwest quarter Section 1, Township 3 North Range 1 West, Boise Meridian, Ada County, State of Idaho. ALSO EXCEPTING Any portion of Right-of-way for LINDER ROAD. Exhibit "A" 5.1VV"\ill hw� A parcel of land wholly contained within the SE 1/4 of the NW 1/4 of Section 1, T. 3N., R. 1W., B.M., Ada County, Idaho, and lying Southwesterly of the centerline of the Five Mile Drain and West of the Easterly right-of-way of NW 11th Avenue as extended, more particularly described as follows: Commencing at the West quarter corner of Section 1, T. 3 N., R. 1 W., B.M., thence North 89-48'20" East, 1,327.65 feet to the C -W 1/16 corner, common to the Northwest corner of Lot 18, Block 6, of Meadowview No. 2 Subdivision as recorded in Book 50 of Plats at Page 4100, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING. thence North 00-40'51" West along the West boundary of the SE 1/4 of the NW 1/4 of said Section 1, approximately 140.00 feet to the center of the Five Mile Drain; thence South 60-11'17" East along the centerline of the Five Mile Drain approximately 174.59 feet to a point lying on the extension of the Easterly right-of-way of NW 11th Avenue; thence South 00-11'40" East, 52.68 feet to the NW Corner of Lot 1, Block 13 of Meadowview No. 2 Subdivision; thence South 89-48'20" West, 150.00 feet to the Point of Beginning. Subject to a right-of-way easement for the Five Mile Drain. Containing approximately 0.33 acres. BROSE. 'GERALD 3OKSTON rove end nee4ces Bat An Ian. Iden* a6a2 M 6664"1 EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO INGRESS -EGRESS EASEMENT An easement for ingress -egress purposes located in the NW `/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwesterly comer of said NW 1/4; Thence N 0°45'12" W along the westerly boundary of said NW %4 a distance of 886.90 feet to a point; Thence leaving said westerly boundary N 89°14'48" E a distance of 45.00 feet to the POINT OF BEGINNING; Thence N 0°45' 12" W a distance of 44.48 feet to a point; Thence S 33°21'56" E a distance of 67.60 feet to a point; Thence S 39°48'39" W a distance of 14.23 feet to a point; Thence N 50°11'21" W a distance of 35.78 feet to the POINT OF BEGINNING. This parcel contains 1,065square feet (0.0244 acres). JOD Prepa-ed by: Glenn K Bennett, PLS ��� Civil Survey Consultants, Incorporated July 24, 1997 C ml -A �Vqy��•'� of \y r_yj\J bit a Meridian City Council Meeting March 21, 2000 Page 56 memo in your packet that explains the need for this change order. This memo was put together by Brad Watson. It consists of three items. First item is an old ditch that we found out there at the site as we were excavating for the building that needed to be excavated, back-filled with some suitable material to support the facility. The cost for that extra work was $11,787.04. Second Item was the necessity for a disconnect switch for the flow meter to the centrifuge was found not to be needed. That was a reduction cost of $1,005.96. The third item has to due with the gas piping. It was changed from welded steel to plastic, and that resulted in a savings of $700. So the net change on this change order is an increase to the contracted amount of $10,081.08 along with an increase in contract time of 28 days. I would request your approval and authority for authorization for Mayor Corrie to sign Change Order No. 1 for the bio -solids dewatering project in that amount. Do you have any questions? Anderson: I have none. Bird: Mr. Mayor, I move that we approve Change Order No. 1 with Turnkey Construction for the sum of $10,081.08 with an increase of 28 days on the back of the contract and for the Mayor to sign. Anderson: Second. Corrie: Motion made and seconded to approve the Change Order No. 1 in the amount of $10,081.08, Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 2. Tully Park Easement: Smith: Second item is an easement request for an easement by Nampa Meridian Irrigation District for access from Linder Road into the Tully Park pump station. This pump station supplies irrigation water from Five Mile Creek to Tully Park and also will supply pressure irrigation to the Turtle Creek Subdivision which is to the west of Tully Park. The deed has been transmitted to Nampa Meridian for the pump station and the operation and maintenance agreement has been previously acted on by Council and sent to them and this is the remaining need for their operation maintenance of that pump station is to provide an access easement. I can't tell you why that wasn't part of the original deed. I think it just got dropped out of the loop. Wasn't originally included. Corrie: Okay. Discussion? Bird: I have none. Meridian City Council Meedng March 21, 2000 Page 57 Corrie: Hearing none, I'll entertain a motion on the request for the Tully Park Easement. Bird: Mr. Mayor, I move that we approve the Tully Park Easement with Nampa Meridian Irrigation District and for the Mayor to sign and the Clerk to attest. deWeerd: Second. Corrie: Motion is made and seconded to approve, the Mayor to sign and the Clerk to attest, as presented by the City Public Works Director. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 3. Country Terrace Estates Sewer Connection Issue — Sid Harmon: Smith: Thank you, Mayor and Council. The last item I have concerns Country Terrace Estates Subdivision and the need or the request for a sewer connection out there to the City sewer. This goes back to initially the request was, I believe, in December of last year. I don't know if you recall it or not, but specifically Mike Luke lives in Country Terrace Subdivision and he called one day stating that he had problems with his septic tank drain field process. All of the — just a little history. All of the residents in Country Terrace are presently served by a community water system; they are in the county; they have City limits to most of the west side of them which is Running Brook Estates; to the south side of them which, again, is Running Brook; to the east of them is Meridian Greens. There's a portion of their west boundary that is county, still county. The property across Overland to the north of them is still county. The — as I mentioned, they're served for water by community well that's operated and maintained by a water system association. Each lot has an individual septic tank and drain field for disposal of sewage. As part of the construction of the subdivision, the developer installed sewer lines in the streets which are public rights-of-way. They were dry lines. When Running Brook Estates was constructed, I required the developer of Running Brook to extend the sewer line through their subdivision and connect to the sewer lines in Country Terrace because that's the way they flowed, that would be their only avenue for future connection assuming they had a problem. And when Mr. Luke called, was found that not only did he have a problem, but there were several lots in the subdivision that had experienced some degree of problem with their septic tank drain field process. At the time that Mr. Luke's request was presented to you, you instructed me to come back and talk to the residents of the subdivision concerning annexation. With other business that was pressing, I kind of dropped the ball on that; Mr. Luke's problem with his drain field seemed to dissipate and so he didn't press me. Consequently, nothing happened from my standpoint, to get information back to you. Recently, Mr. Luke called again and said his problem has surfaced, so to speak. So the PUMP STATION OPERATION AND.MAINTENANCE AGREEMENT IN TULLY PARK between NAMPA & MERIDIAN IRRIGATION DISTRICT and CITY OF MEERIDIAN RECEIVED MAY 16 2000 0• ' tL 21 March 2000 Instrument #100021771 ADA COUNTY RECORDER (TAMPA &CMEREYi' RT(�KITUN DISTRICT J. DAdiO NAVARZO 2�-�• ��� �No FEEDEPUTY 2000 l;R 23 Ail 10: 31 1000,411 71 PUMP STATION OPERATION AND MAINTENANCE AGREEMENT IN TULLY PARK 1. DEFINITION. In this Agreement certain words appear which have the following meaning: "Owner" or "Owners" means the City of Meridian, the owner of the land to which irrigation water will be distributed by the irrigation system that is the subject of this Agreement. "Agreement" means this written and signed Agreement (contract) between Owner and Nampa & Meridian Irrigation District. "Subject property" means the property which is covered by this Agreement which is approximately 17 acres and is known as Tully Park. 2. PROPERTY COVERED BY THIS AGREEMENT. This Agreement is intended for the benefit of the subject property which is described as follows: See Exhibit "A". 3. OWNERSHIP OF DISTRIBUTION SYSTEM. Owner intends to own, operate, maintain, repair and replace the pressurized irrigation distribution system which is located within the subject property. Nampa &. Meridian Irrigation District shall own, operate, maintain, repair and replace the pump station and the distribution system to the first tee of the discharge of the pump station. Nampa & Meridian Irrigation District shall provide delivery of irrigation water to the subject property during the regular irrigation season through the pump station to the subject property. Owner will then be responsible for distribution of the irrigation water in its own distribution system within the subject property. PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR TULLY PARK - Page I 4. PUMP CAPACITY. In the event the capacity of the pump station is not sufficient for delivery of pressurized irrigation water to the subject property, Owner agrees to install, at its own expense, additional pump(s) to make the capacity sufficient to serve the subject property. Such additional pumps must be installed with the prior notice and approval of the Water Superintendent of Nampa & Meridian Irrigation District. 5. ADDITIONAL LANDS SERVED BY PUMP. In the event additional property owners receive irrigation water through the pump station owned by Nampa & Meridian Irrigation under this agreement, such third parties must enter into a separate agreement with Nampa & Meridian Irrigation District before irrigation water will be provided by Nampa & Meridian Irrigation District thorough the pump station. 6. AGREEMENT FOR ASSESSMENTS FOR OPERATION AND MAIlVTENANCE. Owner agrees that Nampa & Meridian Irrigation District may levy and collect annual assessments against the subject property to defray the cost and expense of the operation, maintenance, repair and replacement of the pump station and distribution lines owned by Nampa & Meridian Irrigation District to the subject property as provided by Idaho Code 43-330F. In the event additional land other than the subject property is served by the pump station, such costs will also be levied and assessed against each tract of .land served by the pump station and irrigation system owned by the District to defray the cost and expense of such operation; maintenance, repair or replacement by Nampa & Meridian Irrigation District. The Board of Directors of Nampa & Meridian Irrigation District shall apportion to each tract of land a portion of the cost of operation, maintenance, repair and replacement of this irrigation system, on the basis of the PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR TULLY PARK - Page 2 ratio between the acreage in that property and the total acreage in all properties served by the pump station. 7. WATER QUALITY. Neither Owner, District or their successors and assigns -shall make any cross -connection or tie in or allow one to exist between pipes or conduits carrying domestic water supplied by any public or private water service system, and any pipes, conduits or fixtures containing or carrying any used water, irrigation water, or any water or substance from any other source whatsoever, without prior approval of Nampa & Meridian Irrigation District and Owner. 8. SUPPLEMENTAL WATER. LIABILITY FOR LACK OF WATER. Supplemental water (water provided both before and after the regular irrigation season) to the subject property will be provided by the City of Meridian. The City of Meridian will not charge Nampa & Meridian Irrigation District for any of the costs associated with the City of Meridian providing supplemental water to the subject property. The parties hereto acknowledge that irrigation water is not always reliable. Irrigation water or water from the City of Meridian may not be available due to drought, harsh weather conditions, governmental actions or other causes. The District shall have no liability to any lot owner, tenant or others for any damages to, or loss of lawns, landscaping or the like caused by lack of water. 9. CONSTRUCTION OF CHECK STRUCTURE. Nampa & Meridian Irrigation District agrees to construct an irrigation check structure within Five Mile Drain, in accordance with the approved construction plans prepared by JUB Engineers, Inc., dated January 3, 1995, or as otherwise deemed necessary and /or appropriate at the sole discretion of Nampa & Meridian PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR TULLY PARK - Page 3 Irrigation District. Said plans are identified as JUB Drawing No. B940909-15; "Irrigation Site Plan" and JUB Drawing No. B940909-15; "Irrigation Check Structure." 10. COST OF PUMP STATION. Nampa & Meridian Irrigation District will reimburse the City of Meridian an amount of two thousand six hundred dollars and 00/100 cents ($2,600.00) for one-half of the cost of the pump station and pressure filter referenced in this agreement. 11. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. 12. GOVERNING LAW. This Agreement shall be construed under, and governed by, the laws of the State of Idaho. 13. BINDING EFFECT. This Agreement shall bind the parties hereto and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto caused their names to be subscribed o?Q� this day of ,-iJ999. `���t,►�+������►,,,,� of THZCF MERIDIAN Ci Coate G .�p�oyrved By- SEAL o .Corrie, Mayor = 1I—(641 y a"' _ '`q ` 7 7A "r JSP .. ' By r Wi Liam G. Berg, City Clerk � COUNTY NAMPA & MERIDIAN IRRIGATION DISTRICT B* PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR TULLY PARK - Page 4 STATE OF IDAHO ) ss: COUNTY OF ADA ) On this 14m—day of JI Ll pop lker , 1999, before me, the undersigned, a notary public in and for said state, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., Mayor and City Clerk of the City of Meridian, known to me to be the Mayor and City Clerk of the City of Meridian that executed the foregoing instrument and acknowledged to me that said City of Meridian 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. 10% 11 �oTARy y . Notary Public for the State of Idaho '* s'OV B `�G * Residing at /ef 4a vu , Idaho F . O�OP�� My commission expires: 10-1544file Its* STATE OF IDAHO ) ) ss: COUNTY OF CANYON ) On this Al day of jN�t� , �e%nQ�� before me, the undersi ned, a Notary Public in and for said State, personally appeared and ovz2�, known to me to be the President and SecretAry, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. IL5 -4 Notary Public fo Idaho Residing at , Idaho My Commission Expires: slet 41 PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR TULLY PARK - Page 5 ORDER NO. 92034627 PW TN • EXHIBIT "A" (. Be �+� �. ip The Southwest 1/4 of the BoiseNorthwest Meridian4,AdaSection County, Statehof 3 North, Range 1 West, Idaho. EXCEPT: All real property in MERIDIAN PARK SUBDIVISION NO. 1 according to the Official records of the recorder, Ada County, Idaho and Lot 1 in Block 4 of Proposed MERIDIAN PARK SUBDIVISION NO - 2, Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to sections 1 and 2, Township 3* North, Range 1 West, Boise -Meridian, Ada County, Idaho; thence along the quarter section line point on the South 89 degrees 27112" East 40.00 feet to Linder Road, proposed East right-of-wayine said point being THE REAL POINT OF BEGINNING; thence along said right-of-way line. North 0 degrees 00129" West 85.00 feet; thence leaving said right-of-way line South 89 degrees 27112" East 120.00 feet; thence South 0 degrees 00129" East 85.00 feet; thence North 89 degrees 27112" West 120.00 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPTING Any portion of SHERI LYNN SUBDIVISION lying within the Southwest quarter of the Northwest quarter Section 1, Township 3 North Range 1 West, Boise Meridian, Ada County, State of Idaho. ALSO EXCEPTING Any portion of Right -of -way -for LINDER ROAD. Exhibit "A" 5.1 vVN L'.1 V\ V;� A parcel of land wholly contained within the SE 1/4 of the NW 1/4 of Section 1, T. 3N., R. 1W., B.M., Ada County, Idaho, and lying Southwesterly of the centerline of the Five Mile Drain and West of the Easterly right-of-way of NW 11th Avenue as extended, more particularly described as follows: Commencing at the West quarter corner of Section 1, T. 3 N., R. 1 W., B.M., thence North 89-48'20" East, 1,327.65 feet to the C -W 1/16 corner, common to the Northwest corner of Lot 18, Block 6, of Meadowview No. 2 Subdivision as recorded in Book 50 of Plats at Page 4100, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING. thence North 00-40'51" West along the West boundary of the SE 1/4 of the NW 1/4 of said Section 1, approximately 140.00 feet to the center of the Five Mile Drain; thence South 60-11117" East along the centerline of the Five Mile Drain approximately 174.59 feet to a point lying on the extension of the Easterly right-of-way of NW 11th Avenue; thence South 00-11'40" East, 52.68 feet to the NW Corner of Lot 1, Block 13 of Meadowview No. 2 Subdivision; thence South 89-48120".West, 150.00 feet to the Point of Beginning. Subject to a right-of-way easement for the Five Mile Drain. Containing approximately 0.33 acres. 48ROSE. LGERACD OOKSTOH rnrye and 'n.Nor11 Box as U16Q w A86ibt Meridian City Council Meetiry November 16, 1999 Page 84 Gigray: Mr. Mayor. Point of procedure. Since these are agreements, and I'll just — and the same as with the B-3. I would recommend that you do it by Resolution. Enter into the agreement. We'll prepare the Resolution subsequent. You can go ahead and take the action tonight and get it to the Clerk, and then that'll require a voice vote because it's entering into a contract. Corrie: Okay. Any further discussion on the motion? Hearing none, roll -call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Come: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES 3. TULLY WATER PARK IRRIGATION PUMP STATION: Corrie: Three. Smith: Thank you, Mr. Mayor. Council. Last Item is an agreement with Nampa Meridian Irrigation district for the operation and maintenance of the pump station in Tully Park. This is an irrigation water pump station that has been constructed by the City of Meridian and partially funded by the Turtle Creek Developer. This pump station will provide water to the Tully Park and also to Turtle Creek, and this is an Operation Maintenance Agreement that Nampa Meridian requested so that they will operate and maintain that pump station. We will be responsible to maintain and operate the distribution system in Tully Park. I'm not sure what the agreement is that Nampa Meridian has with Turtle Creek. They probably will be maintaining their distribution system in that subdivision as well as the pump station. Mr. Gigray has reviewed this, and Tom Kuntz has reviewed it, and I have reviewed it and made comments, and this is the final copy that's come back from Nampa Meridian's attorney. My request to Council is to approve this pump station operation and maintenance agreement, to authorize the Mayor and City Clerk to sign the agreement. Do you have any questions? I'll be happy to try to answer them. Meridian City Council Meeting November 16, 1999 Page 85 Come: Any questions? Bird: I have none. Corrie: I'll entertain a motion on the request. Rountree: Mr. Mayor. Come: Mr. Rountree. Rountree: I move that we approve the City entering into the agreement with Nampa Meridian for operation and maintenance agreement in Tully Park between Meridian and Nampa Meridian Irrigation District, authorize the Mayor to sign, the Clerk to attest and have city attorney prepare Resolution. Bentley: Second. Corrie: Motion made and seconded to enter into the Tully Park irrigation pump station agreement, motion as stated, Mayor to sign, City Clerk to attest. Roll -call vote. Any discussion? Roll -call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Come: Mr. Bird. Bird: Aye. Come: Mr. Rountree. Rountree: Aye. C. BILL GIGRAY: 1. PROPOSAL FOR RECONSIDERATION OF COUNCIL ACTION PROCEDURE: Come: Okay. Item C, I think, we're going to postpone and take a break. Gigray: That's fine if you want to. Corrie: You're not going to take too long, are you? Gigray: No.