462 Intermountain Gas Co. Franc
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ORDINANCE N°.1 b L
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, GRANTING TO INTERMOUNTAIN
GAS COMPANY A FORTY (40) YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT.
MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING
FOR THE USE OF STREETS AND ALLEYS, AND RULES GOVERNING THE SAME; SUBJECTING
THE GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE RULES GOVERNING
REPAIRS AND RECONSTRUCTION OF THE STREETS; PROVIDING FOR THE TERM OF THE
FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT OF INSPECTION BY THE CITY OF
GRANTEE'S PLANS, ACCOUNTS, AND" BOOKS; REQUIRING GRANTEE TO FURNISH CERTAIN
MAPS; SETTING FORTH THE ANNUAL PAYMENT TO THE CITY. AND THE FILING OF
ANNuAL REPORTS WITH THE CITY; REQUIRING GRANTEE TO INDEMNIFY CITY, AND FILE
EVIDENCE OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS;
SETTING FORTH AN AGREEMENT NOT TO COMPETE, RESERVING POWER" OF EMINENT
DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO SALVAGE;
REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE, ASSIGNMENT OR
LEASE; SETTING FORTH CITY's RIGHT TO ADDITIONAL PAYMENTS; PROVIDING FOR
PAYMENT OF PUBLICATION COST; PROVIDING FOR CITY's CONSENT TO GAS STORAGE
FACILITIES; SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND
REPEAL; SETTING FORTH EFFECTIVE DATE.
~ w:'~=~c:~e C~ire~~::rr:;::sa::d ~:te~~~:=~: C,:':. C?¡ny en~:~:~
-- \ Q" N va;¡ ~',J c¡ ~ 7 for a term ot~=?7) years, and such term is
about to ex re;
WHEREAS, the Mayor and the City Council of the City of Meridian, State
of Idaho, have concluded that it is in the best interests of said City to
enter into the following franchise agreement with Intermountain Gas
Company;
NOW. THEREFORE, the following Ordinance is hereby adopted:
SECTION 1.
GRANT OF AUTHORITY
There is hereby granted to Intermountain Gas Company, a corporation,
its Successors and assigns (hereinafter collectively referred to as
"Grantee") a forty (40) year extension to the right and authority to
construct, install, maintain and operate a gas transmission and distribu-
tion system, including mains, pipes, conduits, services and other necessary
structures and appliances appertaining in, under, upon, Over, across and
along the streets, alleys. bridges and public places within the present and
future corporate limits of the City of Meridian, Idaho (hereinafter re-
ferred to as "City") for the furnishing. transmission, distribution and
sale of gas, whether artificial, natural, mixed or otherwise, for heating.
domestic. industrial and other purposes and for transmitting gas into.
through and beyond said City.
ORDINANCE - 1
SECTION 2.
USE OF STREETS AND RULES GOVERNING SAME
Grantee shall secure a permit from the City or the Ada County Highway
District (hereinafter referred to as "ACHD"), whichever is applicable. for
any opening it shall make in the streets, alleys and public places in the
City and shall be subject to all applicable ordinances, but no fee shall be
required of Grantee for anysuch permit. The ACHD presently maintains the
streets of the City. The location or relocation of all facilities shall be
made under the supervision and with the approval of such representatives as
the governing body of the City or ACHD, whichever is applicable. may
designate for such purpose, 'but not so as unreasonably to interfere with
the proper operation of Grantee's facilities and service. Whenever the
City or ACHD. whichever is applicable, shall pave or repave any street or
shall change the grade or line of any street or "public place or shall
Construct or reconstruct any conduit, water main, sewer or water Connection
or other_city public works or city utility, it shall be the duty of the
Grantee when so ordered by the City or ACHD, whichever is applicable, to
change its mains, services and other property in the streets or public
places at its own expense so as to conform to the established grade or line
of such street or public place and so as not to interfere with the
conduits, sewers and other mains of the City as constructed or
reconstructed; however, the Grantee shall not be required to relocate
pipes, mains and appurtenances when the street, alley or public ground in
which they are located is vacated for the convenience of abutting property
owners and not as an incident to the public improvement, unless the
reasonable cost of such relocation and the loss and expenses resulting
therefrom is first paid to Grantee. Whenever the City or ACHD, whichever
is applicable, grants a permit for an excavation in a street. alley or
other public ground and the work contemplated by the permit may expose gas
pipes, mains and appurtenances of the Grantee, the City or ACHD, whichever
is applicable, shall promptly furnish a copy of the permit to Grantee.
SECTION 3.
GRANTEE SUBJECT TO ALL POWERS OF CITY RULES GOVERNING
REPAIR AND RECONSTRUCTION OF STREETS
The exercise of privileges herein granted shall be subj ect at all
times to all of the powers of the City and all regulatory ordinances
adopted pursuant thereto. The Grantee shall not unnecessarily or un-
reasonably obstruct the use of or damage any street or alley, and shall
within a reasonable time and as early as practicable upon completion of any
construction or repair work, restore all city streets and. alleys to the
same order and condition as they were before the excavàtion was made
insofar as reasonably possible. The Grantee shall maintain, repair and
keep in good condition for a period of one year all portions of street and
alleys disturbed by it or its agents. The Grantee shall be responsible for
any obstruction in any street, alley or other public place caused by it in
the operation and maintenance of its properties occurring at any times and
shall promptly remove such obstruction. Any such obstruction which, after
proper notice to Grantee demanding removal is not promptly removed by the
Grantee may be taken care of by the City and the costs thereof shall be
charged against Grantee and may be enforced as a lien upon. any of its
properties or assets.
ORDINANCE - 2
SECTION 4.
TERM OF FRANCHISE AND GRANT
The right, authority and grant herein and hereby made to said Grantee,
its successor and assigns, is granted for, and limited in time to, a period
of forty (40) years from January 8, 1987, through and including January 8,
2027.
SECTION 5.
CITY RIGHT TO INSPECTION OF GRANTEE'S PLANS, ACCOUNTS
AND BOOKS - GRANTEE TO FURNISH CERTAIN MAPS
The City shall have access at all reasonable hours to all of the
Grantee's plans, contracts and engineering, accounting, finance, statis-
tical, customer and service records relating to the property and operations
of Grantee within the City. The Grantee shall, upon request, furnish the
City with a complete set of maps, including plans and profile of the
distribution system of the Grantee and any future extensions.
SECTION 6.
PAYMENT TO CITY AND FILING OF ANNUAL
WRITTEN REPORT WITH THE CITY
As consideration for this franchise and grant said Grantee, its
Successors and assigns, during the franchise period, shall pay to the City
three percent (3%) of the gross annual receipts received from all sales of
gas within the corporate limits of the City through use, operation or
possession of this franchise and grant.
Such annual payments shall be in lieu of any and all other fees,
charges, licenses or taxes (other than ad valorem taxes) which the City may
impose for the rights and privileges herein granted or for the privilege of
doing business within the City.
The Grantee shall file by March 31 of each year with the City a report
for the preceding calendar year, veritied by the affidavit of the general
manager, auditor, treasurer, or assistant treasurer of said Grantee, which
report shall contain a statement in such form and detail as shall from time
to time be prescribed by the City, of all the gross receipts arising from
all sales of gas by said Grantee within the City for the calendar year
preceding such report, and at the same time the Grantee shall pay to the
City the stipulated percentage of the gross annual receipts due for the
year for which said report is made and filed.
ORDINANCE - 3
,;
SECTION 7.
GRANTEE LIABILITY - INDEMNIFICATION
It is expressly understood and agreed by and between the Grantee and
the City that the Grantee shall save the City harmless from all loss
sustained by the City on account of any suit, judgment, execution, claim or
demand whatsoever, resulting from negligence on the part of the Grantee in
the construction, operation or maintenance of its gas system in the City.
The City shall notify the Grantee's representative in the City within ten
(10) days after the presentation of any claim or demand, either by suit or
otherwise, made against the City on account of any negligence as aforesaid
on the part of the Grantee.
SECTION 8.
INSURANCE
Upon acceptance of this franchise by Grantee and before Grantee shall
have any rights hereunder, Grantee shall file with the City Clerk a certi-
ficate evidencing the insurance of the Grantee against property damage in
an amount not less than $500,000.00 and bodily injury with limits of not
less than $500,000.00 per person and $1,000,000.00 total for each
occurrence. Provided, however, the minimum limits of insurance as set
forth herein shall be automatically increased at any time the liability
limits of the City are increased pursuant to the Idaho Tort Claims Act
(Idaho Code Section 6-901 et. seq.) or any similar legislation.
SECTION 9.
SAFETY REGULATION COMPLIANCE
Grantee shall comply with and conform to all safety regulations
promulgated by the City or any regulatory body having jurisdiction thereof.
SECTION 10.
AGREEMENT NOT TO COMPETE - RESERVE
TO CITY POWER OF EMINENT DOMAIN
In consideration of Grantee's undertaking hereunder as evidenced by
its acceptance hereof the City agrees not to engage in the business of
distributing and selling gas during the life of this franchise or any
extension thereof in competition with the Grantee, its successor and
assigns; but nothing herein contained shall be construed or deemed to
prevent the City from exer~ising at any time any power of eminent domain
granted to it under the laws of the State of Idaho.
ORDINANCE - 4
".
SECTION 11.
SURRENDER OF FRANCHISE
In the event natural gas at any time shall cease to be available to
Grantee for the distribution and sale hereunder, Grantee reserves the right
to surrender this franchise and in the event of such surrender prior to any
expiration or termination of this franchise. or in any of such events,
Grantee reserves the right to salvage all of its plant,works and facili-
ties, and will restore City's streets and alleys damaged by such salvage
operation.
SECTION 12.
WRITTEN ACCEPTANCE
The Grantee shall within thirty 00) days áfter the passage and
publication of this ordinance file with the City Clerk its acceptance of
this franchise in writing signed by its proper officers and attested by its
corporate seal.
SECTION 13.
SALE, ASSIGNMENT OR LEASE OF FRANCHISE
No sale, assignment or lease of this franchise shall be effective
until it is approved by the City, provided, however, that nothing herein
contained shall be construed as to require consent or to prevent the
Grantee of this franchise and grant from including it in a mortgage or
trust deed executed for this purpose of obtaining money for corporate
objects.
SECTION 14.
RIGHT TO ADDITIONAL PAYMENTS TO CITY
In the event the Grantee shall pay any other City any greater
stipulated percentage than hereinbefore provided, then in such event, the
City shall have the right of requiring Grantee to pay for the same period
of time such higher percentage so paid to such other City.
SECTION 15.
PUBLICATION COSTS
The Grantee shall assume the cost of publication of this franchise as
such publication is require~ by law.
SECTION 16.
GAS STORAGE
The Grantee shall not construct, erect or use any gas storage facili-
ties in or within three (3) miles of the City without first obtaining the
written consent of the City to the erection, construction and use of such
gas storage facilities.
ORDINANCE - 5
SECTION 17.
FORFEITURE
Any violation by the Grantee, its vendee, lessee or successors of the
provisions of this ordinance, franchise and grant or any material portions
thereof or the failure promptly to perform any of the provisions thereof
shall be cause for the forfeiture of this franchise and grant and all
rights hereunder by the City after sixty (60) days written notice to the
Grantee and the continuance of such violation. failure or default; however.
this provision shall not prevent the Grantee from submitting such question
of forfeiture to proper court determination.
SECTION 18.
SEPARABILITY
If any part or parts of this ordinance shall be adjudged by the courts
to be unconstitutional or invalid, the same shall not affect the validity
of any other part or parts hereof which can be given effect without the
part or parts adjudged to be unconstitutional or invalid. The City de-
.clares that it would have passed the remaining parts of this ordinance if
it had been known that such other part or parts thereof would be declared
unconstitutional or invalid.
SECTION 19.
REPEAL
All ordinances and parts of ordinances of City in conflict herewith
shall be, and the same are hereby repealed.
SECTION 20.
EFFECTIVE DATE
WHEREAS, there is an emergency therefore, which emergency is hereby
declared to exist, this Ordinance shall take effect and shall be in full
force and effect from and after its passage, approval and publication, as
required by law.
PASSED BY THE MAYOR
PASSED BY THE CITY COUNCIL -fu r. I
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ï
, 1986
r¡
, 1986
\ \. ,
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(SEAL)
,
ATTEST:
..
Clerk
ORDINANCE NO. Z
AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, GRANTING TO INTERMOUNTAIN
GAS COMPANY A FORTY (40) YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT,
MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING
FOR THE USE OF STREETS AND ALLEYS, AND RULES GOVERNING THE SAME; SUBJECTING
THE GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE RULES GOVERNING
REPAIRS AND RECONSTRUCTION OF THE STREETS; PROVIDING FOR THE TERM OF THE
FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT OF INSPECTION BY THE CITY OF
GRANTEE'S PLANS, ACCOUNTS, AND BOOKS; REQUIRING GRANTEE TO FURNISH CERTAIN
MAPS; SETTING FORTH THE ANNUAL PAYMENT TO THE CITY, AND THE FILING OF
ANNUAL REPORTS WITH THE CITY; REQUIRING GRANTEE TO INDEMNIFY CITY, AND FILE
EVIDENCE OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS;
SETTING FORTH AN AGREEMENT NOT TO COMPETE, RESERVING POWER OF EMINENT
DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO SALVAGE;
REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE, ASSIGNMENT OR
LEASE; SETTING FORTH CITY'S RIGHT TO ADDITIONAL PAYMENTS; PROVIDING FOR
PAYMENT OF PUBLICATION COST; PROVIDING FOR CITY'S CONSENT TO GAS STORAGE
FACILITIES; SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND
REPEAL; SETTING FORTH EFFECTIVE DATE.
WHEREAS, the City of Meridian and Intermountain Gas Company entered
in a franchise agreement purusant to Ordinance No._ dated
a'� for a term ofJ_ years, and such term is
about to e� pir ,
WHEREAS, the Mayor and the City Council of the City of Meridian, State
of Idaho, have concluded that it is in the best interests of said City to
enter into the following franchise agreement with Intermountain Gas
Company;
NOW, THEREFORE, the following Ordinance is hereby adopted:
SECTION 1. GRANT OF AUTHORITY
There is hereby granted to Intermountain Gas Company, a corporation,
its successors and assigns (hereinafter collectively referred to as
"Grantee") a forty (40) year extension to the right and authority to
construct, install, maintain and operate a gas transmission and distribu-
tion system, including mains, pipes, conduits, services and other necessary
structures and appliances appertaining in, under, upon, over, across and
along the streets, alleys, bridges and public places within the present and
future corporate limits of the City of Meridian, Idaho (hereinafter re-
ferred to as "City") for the furnishing, transmission, distribution and
sale of gas, whether artificial, natural, mixed or otherwise, for heating,
domestic, industrial and other purposes and for transmitting gas into,
through and beyond said City.
ORDINANCE - 1
..ol
SECTION 2. USE OF STREETS AND RULES GOVERNING SAME
Grantee shall secure a permit from the City or the Ada County Highway
District (hereinafter referred to as "ACHD"), whichever is applicable, for
any opening it shall make in the streets, alleys and public places in the
City and shall be subject to all applicable ordinances, but no fee shall be
required of Grantee for anysuch permit. The ACHD presently maintains the
streets of the City. The location or relocation of all facilities shall be
made under the supervision and with the approval of such representatives as
the governing body of the City or ACHD, whichever is applicable, may
designate for such purpose, 'but not so as unreasonably to interfere with
the proper operation of Grantee's facilities and service. Whenever the
City or ACHD, whichever is applicable, shall pave or repave any street or
shall change the grade or line of any street or public place or shall
construct or reconstruct any conduit, water main, sewer or water connection
or other city public works or city utility, it shall be the duty of the
Grantee when so ordered by the City or ACHD, whichever is applicable, to
change its mains, services and other property in the streets or public
places at its own expense so as to conform to the established grade or line
of such street or public place and so as not to interfere with the
conduits, sewers and other mains of the City as constructed or
reconstructed; however, the Grantee shall not be required to relocate
pipes, mains and appurtenances when the street, alley or public ground in
which they are located is vacated for the convenience of abutting property
owners and not as an incident to the public improvement, unless the
reasonable cost of such relocation and the loss and expenses resulting
therefrom is first paid to Grantee. Whenever the City or ACHD, whichever
is applicable, grants a permit for an excavation in a street, alley or
other public ground and the work contemplated by the permit may expose gas
pipes, mains and appurtenances of the Grantee, the City or ACHD, whichever
is applicable, shall promptly furnish a copy of the permit to Grantee.
SECTION 3. GRANTEE SUBJECT TO ALL POWERS OF CITY RULES GOVERNING
REPAIR AND RECONSTRUCTION OF STREETS
The exercise of privileges herein granted shall be subject at all
times to all of the powers of the City and all regulatory ordinances
adopted pursuant thereto. The Grantee shall not unnecessarily or un-
reasonably obstruct the use of or damage any street or alley, and shall
within a reasonable time and as early as practicable upon completion of any
construction or repair work, restore all city streets and alleys to the
same order and condition as they were before the excavation was made
insofar as reasonably possible. The Grantee shall maintain, repair and
keep in good condition for a period of one year all portions of street and
alleys disturbed by it or its agents. The Grantee shall be responsible for
any obstruction in any street, alley or other public place caused by it in
the operation and maintenance of its properties occurring at anytimes and
shall promptly remove such obstruction. Any such obstruction which, after
proper notice to Grantee demanding removal is not promptly removed by the
Grantee may be taken care of by the City and the costs thereof shall be
charged against Grantee and may be enforced as a lien upon any of its
properties or assets.
ORDINANCE - 2
SECTION 4. TERM OF FRANCHISE AND GRANT
The right, authority and grant herein and hereby made to said Grantee,
its successor and assigns, is granted for, and limited in time to, a period
of forty (40) years from January 8, 1987, through and including January 8,
2027.
SECTION 5. CITY RIGHT TO INSPECTION OF GRANTEE'S PLANS, ACCOUNTS
AND BOOKS - GRANTEE TO FURNISH CERTAIN MAPS
The City shall have access at all reasonable hours to all of the
Grantee's plans, contracts and engineering, accounting, finance, statis-
tical, customer and service records relating to the property and operations
of Grantee within the City. The Grantee shall, upon request, furnish the
City with a complete set of maps, including plans and profile of the
distribution system of the Grantee and any future extensions.
SECTION 6. PAYMENT TO CITY AND FILING OF ANNUAL
WRITTEN REPORT WITH THE CITY
As consideration for this franchise and grant said Grantee, its
successors and assigns, during the franchise period, shall pay to the City
three percent (3%) of the gross annual receipts received from all sales of
gas within the corporate limits of the City through use, operation or
possession of this franchise and grant.
Such annual payments shall be in lieu of any and all other fees,
charges, licenses or taxes (other than ad valorem taxes) which the City may
impose for the rights and privileges herein granted or for the privilege of
doing business within the City.
The Grantee shall file by March 31 of each year with the City a report
for the preceding calendar year, verified -by the affidavit of the general
manager, auditor, treasurer, or assistant treasurer of said Grantee, which
report shall contain a statement in such form and detail as shall from time
to time be prescribed by the City, of all the gross receipts arising from
all sales of gas by said Grantee within the City for the calendar year
preceding such report, and at the same time the Grantee shall pay to the
City the stipulated percentage of the gross annual receipts due for the
year for which said report is made and filed.
ORDINANCE - 3
SECTION 7. GRANTEE LIABILITY - INDEMNIFICATION
It is expressly understood and agreed by and between the Grantee and
the City that the Grantee shall save the City harmless from all loss
sustained by the City on account of any suit, judgment, execution, claim or
demand whatsoever, resulting from negligence on the part of the Grantee in
the construction, operation or maintenance of its gas system in the City.
The City shall notify the Grantee's representative in the City within ten
(10) days after the presentation of any claim or demand, either by suit or
otherwise, made against the City on account of any negligence as aforesaid
on the part of the Grantee. '
SECTION 8. INSURANCE
Upon acceptance of this franchise by Grantee and before Grantee shall
have any rights hereunder, Grantee shall file with the City Clerk a certi-
ficate evidencing the insurance of the Grantee against property damage in
an amount not less than $500,000.00 and bodily injury with limits of not
less than $500,000.00 per person and $1,000,000.00 total for each
occurrence. Provided, however, the minimum limits of insurance as set
forth herein shall be automatically increased at any time the liability
limits of the City are increased pursuant to the Idaho Tort Claims Act
(Idaho Code Section 6-901 et. seq.) or any similar legislation.
SECTION 9. SAFETY REGULATION COMPLIANCE
Grantee shall comply with and conform to all safety regulations
promulgated by the City or any regulatory body having jurisdiction thereof.
SECTION 10. AGREEMENT NOT TO COMPETE - RESERVE
TO CITY POWER OF EMINENT DOMAIN
In consideration of Grantee's undertaking hereunder as evidenced by
its acceptance hereof the City agrees not to engage in the business of
distributing and selling gas during the life of this franchise or any
extension thereof in competition with the Grantee, its successor and
assigns; but nothing herein contained shall be construed or deemed to
prevent the City from exercising at any time any power of eminent domain
granted to it under the laws of the State of Idaho.
ORDINANCE - 4
SECTION 11. SURRENDER OF FRANCHISE
In the event natural gas at any time shall cease to be available to
Grantee for the distribution and sale hereunder, Grantee reserves the right
to surrender this franchise and in the event of such surrender prior to any
expiration or termination of this franchise, or in any of such events,
Grantee reserves the right to salvage all of its plant,works and facili-
ties, and will restore City's streets and alleys damaged by such salvage
operation.
SECTION 12. WRITTEN ACCEPTANCE
The Grantee shall within thirty (30) days after the passage and
publication of this ordinance file with the City Clerk its acceptance of
this franchise in writing signed by its proper officers and attested by its
corporate seal.
SECTION 13. SALE, ASSIGNMENT OR LEASE OF FRANCHISE
No sale, assignment or lease of this franchise shall be effective
until it is approved by the City, provided, however, that nothing herein
contained shall be construed as to require consent or to prevent the
Grantee of this franchise and grant from including it in a mortgage or
trust deed executed for this purpose of obtaining money for corporate
objects.
SECTION 14. RIGHT TO ADDITIONAL PAYMENTS TO CITY
In the event the Grantee shall pay any other City any greater
stipulated percentage than hereinbefore provided, then in such event, the
City shall have the right of requiring Grantee to pay for the same period
of time such higher percentage so paid to such other City.
SECTION 15. PUBLICATION COSTS
The Grantee shall assume the cost of publication of this franchise as
such publication is required by law.
SECTION 16. GAS STORAGE
The Grantee shall not construct, erect or use any gas storage facili-
ties in or within three (3) miles of the City without first obtaining the
written consent of the City to the erection, construction and use of such
gas storage facilities.
ORDINANCE - 5
SECTION 17. FORFEITURE
Any violation by the Grantee, its vendee, lessee or successors of the
provisions of this ordinance, franchise and grant or any material portions
thereof or the failure promptly to perform any of the provisions thereof
shall be cause for the forfeiture of this franchise and grant and all
rights hereunder by the City after sixty (60) days written notice to the
Grantee and the continuance of such violation, failure or default; however,
this provision shall not prevent the Grantee from submitting such question
of forfeiture to proper court determination.
SECTION 18. SEPARABILITY
If any part or parts of this ordinance shall be adjudged by the courts
to be unconstitutional or invalid, the same shall not affect the validity
of any other part or parts hereof which can be given effect without the
part or parts adjudged to be unconstitutional or invalid. The City de-
clares that it would have passed the remaining parts of this ordinance if
it had been known that such other part or parts thereof would be declared
unconstitutional or invalid.
SECTION 19. REPEAL
All ordinances and parts of ordinances of City in conflict herewith
shall be, and the same are hereby repealed.
SECTION 20. EFFECTIVE DATE
WHEREAS, there is an emergency therefore, which emergency is hereby
declared to exist, this Ordinance shall take effect and shall be in full
force and effect from and after its passage, approval and publication, as
required by law.
PASSED BY THE CITY COUNCIL
PASSED BY THE MAYOR
(SEAL)
ATTEST:
City
, 1986
, 1986
Clerk
ORDINANCE - 6
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone888-4461
ORDINANCE NO. �--
AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL
PROPERTY WHICH IS A PART OF BLOCKS 2 AND 3 OF THE AMENDED PLAT OF
F.A. NOURSE'S THIRD ADDITION TO MERIDIAN, ADA COUNTY, IDAHO, ALSO
KNOWN AS 1303 EAST FIRST STREET, MERIDIAN, IDAHO.
WHEREAS, The City Council and the Mayor of the City of
Meridian, Idaho, have concluded that is in the best interest of
said City to amend and change the zoning from "R-15" Residential
to "L-O" Limited Office for the following described land:
The North 8 feet of the East 170 feet of Block 2 and
the South 75 feet of the East 170 feet of Block 3 of
the amended Plat of F.A. Nourse's Third Addition to
Meridian, according to the Plat thereof, filed in Book
7 of Plats at page 299, records of Ada County, Idaho.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of Meridian, Ada County, Idaho.
Section 1. That the aforementioned real property which is
described as follows:
The North 8 feet of the East 170 feet of Block 2 and
the South 75 feet of the East 170 feet of Block 3 of
the amended Plat of F.A. Nourse's Third Addition to
Meridian, according to the Plat thereof, filed in Book
7 of Plats at page 299, records of Ada County, Idaho.
Be and the Same hereby is rezoned from "R-15" Residential to
"L-O" Limited Office and Section 11-2-425, Official Zoning Maps is
hereby amended to reflect the same.
�.i
Section 2. This Ordinance shall be in full force and effect
from and after its passage and approval as required by law.
Passed by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this o } day of January,
1986.
ATTEST:
II cifiY CLERK=, -JACK NIEMANN
AMBROSE,
FITZGERALD
8 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4481
APPROVED:
MAYOR --GRANT P. KING FORD
Ads County, Idaho, ft
Request Of
x.-
DATE
J4HN B/IBT A
REOIORDER
AMBROSE-
FITZGERALD,
& CROOKSTON
Attorneys and f"
Counselors i
STATE OF IDAHO )
ss.
County of Ada )
I, Jack Niemann, City Clerk of the City of Meridian, Ada
County, Idaho, do hereby certify that the above and foregoing is a
true, full and correct copy of an Ordinance entitled "AN ORDINANCE
AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY WHICH IS
A PART OF BLOCKS 2 AND 3 OF THE AMENDED PLAT OF F.A. NOURSE'S
THIRD ADDITION TO MERIDIAN, ADA COUNTY, IDAHO, ALSO KNOWN AS 1303
EAST FIRST STREET, MERIDIAN, IDAHO.", passed as Ordinance No. yLI
b the ity Council and. Mayor of the City of Meridian, on the
office
O day of January, 1986, as the same appears in my
.
DATED this day of January, 1986.
1
STATE OF IDAHO )
ss,
County of Ada )
City Clerk o
Ada County,
he City o
ho
r
an,
On this O 8
G day of Janaury, 1986, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Jack Niemann, known to me to be the person whose name is
subscribed to the within and foregoing 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.
(SEAL) Notary Public for daho
Residing at Meridian, Idaho
. V
•1,� i `fir
n
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.441