1984 06-18•
A G E N D A
MERIDIAN CITY COUNCIL
June 18, 1984
IITEM:
Minutes of Previous Meeting Held June 4, 1984.
1. Crestwood Industrial Park: Preliminary & Final Plat. (APPROVED)
2. Request from United Cable TV for Rate Increase. (APPROVED)
3. Approval of Covenants on The Willows Subdivision: (See Attorneys(APPROVED)
Comments Attached)
4. Approval of Covemants on By the Lake At Cherry Lane Subdivision:(APPROVED)
5. From the Table: Weed Abatement Ordinance: Attached. (APPROVED)
6. Resolution approving the Adoption of Joint Registration with (APPROVED)
Ada County. (Resolution Attached)
7. Department Reports.
MERIDIAN CITY COUNCIL JUNE 18 1984
Regular Meeting of the Meridian City Council called to order by
the Mayor, Grant Kingsford at 7:30 p.m.
Council members present: Bill Brewer, Ron Tolsma,-Bert Myers,
Bob Geisler;
Others present: Jack Niemann, Bruce Stuart, Gary Schaffer, R,B.
Glenn, Kenny Bower, Todd Godfrey, R.C. Spencer, Kieth Jacobs,
Lloyd Howe, Don Wolkins, John Matzinger, Kent Barney, Wayne
Crookston;
Minutes of the previous meeting held June 4, 1984 were apprQSre d~.
as written.
(ITEM~~1)-CRESTWOOD INDUSTRIAL PARK: PRELIMINARY & FINAL PLAT.
R.B. GLENN and JOHN MATZINGER were present representing
Crestwood Industrial.
Councilman Tolsma stated that he needed the record drawings for
the sewer system.
Councilman Geisler asked about the progress on Ada county highway
questions.
Councilman Brewer asked that the Council drop back and review
Gary's comments and review the S items.
(All were complete) except for a change on the easement that was
25 and should have been 20.
Councilman Geisler asked about the Ada County Highway District
questions.
(~pl-Was taken care.o£. ~~2 Was being held off. ~k3 Was being
taken care of with the crestwood boundaries and was changed to
30 feet instead.
Mayor Kingsford opened the meeting for public hearing, There was
no comment.
Public Hearing Closed.
The motion was made by Brewer and seconded by Giesler to approve
the preliminary and final plat of Crestwood Industrial Park, with
all requirements of Gary Smith and Ada County Highway District
comments be met.
Motion Carried: Tolsma,yea; Myers,yea;. Geisler yea; Brewer,yea;
(ITEM~k2)-UNITED CABLE T.V. RATE INCREASE.
Councilman Myers asked the council why there was such a sudden
increase in price.
Mayor Kingsfoud explained the joint use of utilities, universal,
and that Northern Idaho wants to increase the rate not just to
gain back the money loss but so there will not be a loss of sub-
scribers.
The motion was made by Myers and seconded by Tolsma to approve of
the rate increase requested by United Cable T.V.
Motion Carried- All, yea.
(ITEM~k3)-APPROVAL OF COVENANTS OF THE WILLOWS SUBDIVISION.
Councilman Tolsma asked if the new covenants were going to be
changed.
Councilman Geisler stated that the plans were drawn up very well..
Councilman Tolsma asked for an explanation of the article in
paragraph 11 about no r. v. or boats, on the lot, and that they
must be parked somewhere else.
It was stated that there had been some problem with the Police
Department in that people would live in an R.V. or driveway
for months and that `there were complaints frmm the neighbors.
Motion made by Geisler and seconded by Myers to approve the cov-
enants of the Willows Subdivision with the recommendations made
by the City Attorney.
Motion Carried- All, yea.
(ITEM~~4)-APPROVAL~OF COVENANTS ON BY THE LAKE AT CHERRY LANE SUB.
It was stated that Page 7-3.07, (FENCES) a grage stake fence.
None of the fences at the golf course are Grape stake fences,
(6f t. high), as compared to the original covinances.
Keith Jacobs, stated that the covenants were the same as the
ones from Cherry Lane Village.
Counsilman Bremer-said _ it would be advisable to table until
City. Attorney could compare the Covenants.
Mr. Kent Barney asked that they be approved as if tabled it would
delay the project.
There was some discussion and tor. Jacobs produced a recorded
copy of the covenants for Cherry Lane Village.
The motion was made by Myers and seconded by Tolsma to approve
the covenants of By The Lake at Cherry Lane if after comparison
by the Mayor and City Attorney with the covinants of Cherry Lane
Village were basicly the same.
Motion Carried, All yea.
(ITEM~kS)-WEED ABATEMENT ORDINANANCE.
Councilman Geisler stated that the ordinance is very well done
and that the Police Department is under staffed and that this
ordinance disignates the Fire Department to enforce.
Councilman Brewer states that consideration must be taken and the
Fire Chief is not full time. He asked who had the authority to
issue citations. It was stated that the authority could be given
to anyone who was to perform the enforcement of the ordinance.
There was further discussion of the ordinance (TAPE ON FILE).
Mayor Kingsford Read: An Ordinance Repealing Title 8 chapter (9),
Nuisances, Section 8-903.Entitled offensive or noxious weeds,
revised and complied ordinances of the city of Meridian, Ada
County, and Re-enacting said section 8-903, title 8, chapter
9, nuisances, to read as set forth herein and to be effective upon
approval hereof.
Mayor Is ..there anyone present that wishes ordinance ;k 434
read in its entirety?
No Response
The motion made by Myers and seconded by Geisler that the rules and
provisions reguarding 50-9002 and all rules and provisions re-
guarding that ordinances be read on three different days be dis-
pensed with in and that ordinance ~p433 be passed ans approved.
Motion carried, Tolsma, yea; Myers, yea; Giesler, yea; Brewer,n~y;
(ITEM~k6)-RESOLUTION APROVING THE ADOPTION OF JOINT VOTER REGISTRATION
WITH ADA COUNTY.
Cousilman Myers felt it was a good idea when a petition needed to
be signed.
Motion was made by councilman Brewer and seconded by Myers to app-
rove resolution ~p88 adopting joint voter registration with Ada
County .
Motion Carried. (All Yea)
(ITEM~k7)-DEPARTMENT REPORTS
Mayor Kingsford stated that the Department Budgets needed to be
turned into him by a week from this Wednesday, which is the 27th
day of June 1984.
Building Inspector Bob Mitich aduised,_the council that the City
Clerk and he had made a visit to the Hoalst and Anderson Insurance
Agency as requested at the June 4th meeting and of the present time
the basement is-..not occupied and is in the stage of being re-
finished. The floodlight on the sign has been removed.
Mr. Lloyd Howe of Upland Industries introduced Mr. Don Wolkins the
Director of Land and Industrial development of Upland Industries
Salt Lake City office.
Being there no business to come before the council .............
The motion was made by Myers and seconded by Geisler to adjourn at
8:14 p.m.
Motion Carried: (All, Yea;
APPROVED:
ATTEST:.
ACHD; NMID; CDHD;
ACC; APA; ACDZ;
FILE: Crestwood Ind;
Willows Sub; By the Lake
at Cherry Lane
pc: Mayor & Council (5)
P&Z Comm. (6)
Police; Fire;JUB;
Atty; Kiebert; Ward;
Stuart; Mitich;
.,
UECLAkATIUN UE PkGTECTIVE COVENANTS.
CUNGITIUNS AND kESTkIf,TTONS AFFECTING THE LAKE AT CHERkY
LANE SUHUIVISION
WHEkEAS, Y.ENT G. BAItNEY and MAkY k. BAkNEY, husband and wife
hereinafter referred to as 'Declarant', is the owner of certain real
property situated in the City of Meridian, State of Idaho, known as
The Lake at Cherry Lane, and
WHEkEAS, The Lake at Cherry Lane Subdivision is a duly
recorded plat; and
WHEkEAS, the Declarant desires to declare of public record
certain protective covenants, conditions and restrictions upon the
ownership of real property:
MOW, THEREEOkE, in consideration of the foregoing, the
Declarant does hereby declare that the following protective covenants,
conditions and restrictions:
1. Shall become and are hereby ^ade a part of all
conveyances of block 1, Lots 1 through 11 inclusive; within the plat
of The Lake at Cherry Lane Subdivision, recorded on the day of
1984, in book of Plats at Pagers)
of the kecords of
Ada County kecorder, Ada County, State of Idaho; and,
2. Shall by reference become a part of any such conveyances
of whatever kind and shall apply thereto as fully and with the same
effect as if set forth in full therein.
AkTICLE 1
LEETNITIUNS
1.01 'Declarant' shall mean Kent G. Barney and Mary k.
Harney, husband and wife, their successors and assigns.
1.02 'Owner' shall mean the owner of record, whether one or
Bore persons or entities, of a fee simple title to any lot, or
multiple family dwelling unit, which is a part of The LaY.e at Cherry
Lane Subdivision, including contract sellers.
1.03 'The Lake at Cherry Lane' shall mean all real property
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_._........r.~/'
now and hereafter contained in the plats of The Lake at Cherry Lane
Subdivision.
1.04 'Lot• shall mean plats of land designated for
residential use within The Lake at Cherry Lane Subdivision and
ider•~tified on the plats thereoY by Arabic numerals.
l.U:; 'Golf Course• shall mean all real property now ar~d
hereafter contained in the Cherry Lane Village golf course.
1.UG 'These covenants' shall mean the Protective Covenants,
Conditions, and kestrictions as set forth in this Ueclaration with
respect to The Lake at Cnerry Lane, together with the Architectural
Control Committee rules as set forth in Article iV hereof, as the same
may be amended and supplemented from time to time in accordance with
the provisions of this Ueclaration.
AkTICLE II
PkUPEkTY SUU:IECT TO THESE COVENANTS
2.01 Initial development. Declarant hereby declares that
all of the real property described above is held and shall be held,
conveyed, hypothecated, encumbered, used, occupied and improved
subject to these covenants. The above property toghether with other
real property from time to time annexed thereto and made subject to
these covenants shall constitute The Lake at Cherry Lane.
2.U2 Annexation of subsequent phases of The Lake at Cherry
---------- -- ---------- ------ -- --- ---- -- ------
Lane. Declarant ^ay from time to time annex to The Lake at Cherry
Lane any adjacent real property now or hereafter acquired by it. The
annexation of such additional phases of The Lake at Cherry Lane shall
be accomplished as follows:
A. The Declarant shall record a declaration which shall be
e.:ecuted by Declarant, and shall, among other things, describe the
real property t.o Ge anise>:ed, establish any additional or different
limitations, restrictions, covenants and/or conditions which are
intended to be applicable to such property, and declare that such
property is held and shall be held, conveyed, hypothecated,
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encumbered, used, occupied and improved sub,7ect to these covenants.
B. The property included by any such anne;:ation shall
thereby become •a part of these covenants.
C. Notwithstanding any provision apparently to the
contrary, a declaration with respect to any annexed area may:
1. Establish new land classifications and such
limitations, restrictions, covenants and conditions with respect
thereto as Declarant may deem Lo be appropriate for the development of
the annexed property; and
2. With respect to er.istin9 land classifications,
establish such additional or different limitations, restrictions,
covenants and conditions with respect thereto as Declarant may deem to
be appropriate for the development of such annexed property.
AkTICLE TII
kESIDENTIAL COVENANTS
3,01 Land use and building type. No lot shall be used
except for residential purposes. Mo building shall be erected.
altered, placed or permitted to remain an any lot other than one
detached single family dwelling not to exceed two and one-half (2-1/2)
stories in height, and a private garage for not less than two cars.
She foregoing provisions shall not e:<clude construction oY a private
greenhouse, stoi,ge unit, private swimming pool or a shelter or port
for the protection of such swimming pool, or or the storage of a boat
and/or camping trailer kept for personal use, provided that the
location of such structure is in conformity with the applicable
municipal regulations, and is compatible in design and decoration with
the residence constructed on such lot, and has been approved by the
Architectural Control Committee.
The provisions of this section shall not be deemed to
prohibit the right of any homebuilder to construct residences on any
lot, to store construction materials and equipment on said lots in the
normal course of construction and to use any single family residences
as a sales office or yodel home for the purposes of sales in The Lake
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at Cherry Lane.
3.02 Lwelling size. The ground floor area of a one story
dwellin3 constructed on lots 5,6,7,8,9 and 10, exclusive of open
porches and garage shall be not less than 1,300 square feet_
The ground floor area of a one story dwelling constructed on
lots 1,3 and 4, exclusive of open porches and garage shall be not less
than 1,200 square feet.
The around floor area of a one story dwelling constructed on
lots 2 and 11, exclusive of open porches and garage shall be not less
than 1,100 square feet.
In the case of a two story dwelling constructed ors lots
S,G,7,8,9 and 10, the lower or ground floor level shall be not less
than 1,000 square feet. In the case of a two story dwelling
constructed on lots 1,3 and 4, the lower or ground floor level shall
be not less than 925 square feet. In the case of a two story dwelling
constructed on lots 2 and 11, the lower or ground floor level shall Ge
not less than 850 square feet.
In the event oY a multi-level dwelling constructed on lots
5,6,7,8,9 and 10, the area of the one story portion and the area of
the upper level of the two story portion shall constitute a minimum of
1,300 square feet.
In the event of a multi-level dwelling constructed on lots
1,3 and 4, the area of the one story portion and the area of the upper
level of the two story portion shall constitute a minimum of 1,200
square feet.
In the event of a multi-level dwelling constructed on lots '?
and 11, the area of the one story portion and the area of the upper
level of the two story portion shall constitute a minia~um of 1,100
square feet.
A split entry or split foyer type home and a daylight
basement home constructed on lots S,G,7,8,9 and 10, shall have a main
floor area of not less than 1,000 square feet.
A split entry or split foyer type home ar~d a daylight
Casement home constructed on lots 1,3 and 4, shall have a main floor
area of not less than 925 square feet.
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~~
A split entry or split foyer type home and a daylight
basement hone constructed on lots 2 and 11, shall have a Hain floor
area of not less than 8~0 square feet.
3.03 Building setbacks. No building shall be located on
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any lot nearer then twenty-five ('~5) feet to the front lot line;
nearer than twenty-five (25) feet to the rear lot line, or nearer than
five (5) feet to a side lot line, on corner lots the side yard shall
be a minimum of twenty-five (2~> feet on the side abutting the street.
Such building setbacks shall be in effect with the exception of the
following:
A. All odd numbered lots as designated on the plat in
Arabic numerals, and with the exception of odd rwmbered cornered lots,
shall have a front setback. of at least thirty (30) feet unless
specifically waived in writing by the Architectural Control Committee.
A11 odd numbered corner lots shall have setback restrictions .as set
3~~
forth in Section 3.01 above.
B. For the purposes of setback determinations, all lots
which are bordered on one side by a public street and on an adjacent
side by a cul-de-sac ('tee' type) shall be considered corner lots.
C. All lots which have a common lot line with the golf
course shall consider such side as the rear yard and therefore no
structure shall be located within a thirty (30) foot rear yard setback.
of such lot line, unless specifically waived in writing by the
Architectural Control Committee.
=he Architectural Control Committee, upon application, Riay
in its descretion waive any violation of this subsection which it
finds to have been inadvertent, provided the same would not constitute
a violation of local governmental ordinances.
3.UA Easements. Easements for installation and maintenance
of utilities and drainage, and irrigation facilities are reserved, as
shown on the recorded plat. Within these easements, no structure,
fence, planting or other materials shall be placed or permitted to
remain which may damage or interfere with the installation and/or
maintenance of such utilities, or which may change the direction of
flow of water through a drainage channel in the easements or which may
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obstruct or retard the flow of water through drainage channels ire the
easements. She easement area of each lot and all improvements in it
shall be maintained continuously by the owner oY the lot es:cept for
those improvements for which a public authority or utility company is
responsible.
Easements to permit access for the standard play of golf
during regular daylight hours on the golf course adjacent to the lots
which are subject to these restructions are hereby granted and
established. These acts shall include, but not be limited to, the
recovery of golf Galls from such lots, the flight of golf balls aver
and upon such lots, the usual and common noise level created by the
playing of the game of golf, together with all, the other common and
usual activity associated with the game of golf.
3.05 Temporary structures. No structure of a temporary
--------- ----------
nature, trailer, basement, tent, shack, garage, barn or other
outbuilding shall be used on any lot at any time as a residenct,
either temporary of permanent.
3.OG Irrigation. In accordance with the provisions of
Idaho Code, Section 31-3605, the Leclarant assumes no responsibility
for providing water for irrigation purposes other than through the
domestic system, and the purchaser acknowledges the following:
A. That irrigation water deliveries have not been provided
by the Declarant;
b. That the purchaser of the lot must remain subject to all
assessments levied by the irrigation entity;
C. That the purchaser shall be responsible to pay such
legal assessments;
L. That the assessments are a lien on the land within the
purview of the irrigation entity and as provided for by law;
and
E. That the Leclarant is not now, nor will it be in the
future, responsible for the maintenance of any existing or future
irrigation systems, canals, or pipe, either running through The Lake
at Cherry Lane or any individual lot.
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• ~ i
3.07 Fences. No fence shall exceed six (G) feet in height
from the finished lot grade. In no event shall side yard fences
project beyond the front walls of any dwelling or garage.
Chain-link. fences are hereby prohibited on any residential
lot, except where required by the Declarant or any public agency in
order to secure utility sites, irrigation or drainage facilities or
other public use as deemed necessary.
Hedges or other solid screen planting may be used as lot
line barriers subject to the same Height restrictions as fences,
provided; however that no such fence or hedge shall be permitted along
the front of a lot or dwelling structure.
Both fences and hedges located on the lot lines in common
with the golf course shall include a gate for means of access to and
from the golf course and shall be erected directly on the lot line,
and all fencing shall be of a grape-stake design and construction. No
fence or hedge intersecting a lot line which is in coremon with the
golf course shall exceed six (6) feet in height.
3.08 Offensive activity. No no:<ious or offensive activity
--------- --------
shall be carried on upon any lot, nor shall anything be done thereon
which may be, or may becoree an annoyance or a nuisance to the
neighGorhood.
3.09 Business and commercial uses. No trade, craft,
business, profession, commercial or similar activity of any kind shall
be conducted on arty lot, nor shall any goods, equipment, vehicles,
raterials or supplies used in connection with any trade, service or
business be kept or stored on any lot, exrepting the right of any
homebuilder and the Leclarant to construct residences on any lot, to
store construction materials and equipment on said lots and the normal
course of said construction, provided, however, that nothing in these
covenants shall prevent the declarant, or any assignee, from the
construction of and the normal business conduct connected with a
clubhouse, professional golf shop, country club, and/or related
Yacilities, as a part of the golf course.
3.10 Slgns. No sign of any kind shall be displayed to the
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public view on any lot or improvement, except one professional sign of
not more than six square feet advertising the property for sale. This
restriction shall not prohibit the temporary placement of political
signs on any lot by the owner, or placement of a professional sign by
the Declarant, which roust comply with the local sign ordinances. This
restriction does not apply to signs used by the builders during the
construction and sales.
3.11 Parking. Fark.in9 of Goats, trailers, motorcycles,
trucks, truck-campers and like equiprent shall not be allowed on any
part of any lot or on public ways adjacent thereto e:<cepting only
within the confines of an enclosed garage, storage port, or behind a
screening fence or shrubbery which shall in no event project beyond
the front walls of any dwelling or garage.
3.12 Animals. No animals, livestock. or poultry of arty kind
shall be raised, bred or kept on any lot except that dogs, cats or
other household pets may be kept provided that they are not kept, bred
or maintained for any commercial purposes.
3.13 Trash or rubbish. Ho lot shall be used or maintained
----- -- -------
as a dumping ground for rubbish. Trash, garbage or other waste shall
be kept in sanitary containers and out of public view. All
incinerators or other equlprent for the storage or disposal of such
raterials shall Ge k,ept in a clean and sanitary condition.
3.14 Construction completion. Construction of any dwelling
------------ ----------
shall be completed including exterior decoration within eight (B)
ronths from the date of the start of such construction. All lots
shall, prior to the construction of irprovements thereon, be kept in a
neat and orderly condition and free of brush, vines, weeds, debris,
and the grass thereon cut or mowed at sufficient intervals to prevent
creation of a nuisance or fire hazard.
3.15 Landscape completion. All landscaping must be
--------- ----------
completed within ninety (90) days fror the date of occupancy of the
residence constructed thereon. However, all lots abutting the 3olf
course must be sodded and such sodding must be completed within
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forty-five (45) days of the completion of the residence, unless
otherwise approved in writing by the Architectural Control Committee.
In the event of undue hardship due to weather conditions, this
provision may be extended for a reasonable length of time upon writen
approval of the Architectural Control Committee.
3.1G Antennas and service facilities. Exterior antennas
-------- --- ------- ----------
shall not be perritted to be placed upon the roof of any structure on
any lot so as to be visible from the street in front of said lot.
Clothes lines and other facilities shall be screened so as not to be
viewed from the street.
3.17 Trees. Each builder, or property owner within
forty-five (4v) days fror the date of final yard grading of the
residence, shall plant at least two 1-1/2 inch caliper, five gallon
ornarental trees adjacent to the street right-of-way in the front
yard. In the case of corner lots such trees shall be planted so that
each side fronting on a street contains at least one tree. Such trees
shall be placed in a manner equidistance fror each other and from the
adjacent lot lines, unless otherwise approved in writing by the
Architectural Control Committee.
3.18 Water supply. No individual water supply system shall
be perritted on any residential lot.
3.19 Exterior Ylnlsh. The erterlor of all construction on
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any lot shall be designed, built, and ^aintained in such a tanner as
to blend in with the natural surroundings, existing structures and
landscaping within The Lake at Cherry Lane. Exterior colors shall Ge
of the flat, non gloss type and shall be lirited to subdued tones.
Exterior colors must be approved by the Architectural Control
Committee in accrodance with the provisions of this Article. E>a erior
trim, fences, doors, railings, decks, eaves, gutters, and the exterior
finish of garages and other accessory Guildings shall be designed,
built and maintained to be compatible with the exterior of the
structure they adjoin.
3.'.x.0 koofing. Only shake or the roofing shall be used on
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any structure constructed on a lot unless approved otherwise in
writing, by the Architectural Control Committee beforehand.
3.'.11 Yard lights. Upon completion of a residential
structure a yard light shall be installed in a location not more than
seven (7) feet from the inside of the sidewalk, and adjacent to, the
driveway of such premises. Said yard light shall be of a standard six
(6) foot height and the location and type shall be shown on all plans
for construction of each particular structure, and be subject to
approval, and submitted to the Architectural Control Committee
pursuant to section 4.04 herein.
ARTICLE IV
ARCHITECTURAL CONTROL COriMITTEE
4.O1 Membership: appointment and removal. The
----------- ----------- --- -------
Architectural Control Committee, Hereinafter referred to as the
Committee, shall consist of as many persons, not less than three, as
the Declarant may from time to time appoint. Declarant may renove any
member of the Committee from office at any time, and may appoint new
or additional members at any time. Declarant shall keep on file at
its principal office a list of names and addrezses of members of the
Committee, The powers and duties of such Committee shall cease in one
year, or prior at Declarant's sole descretion, after completion of
construction of all the single family dwellings, and the sale of sold
dwellings to the initial owner/occupant on all of the building sites
within The Lake at Cherry Lane and properties subsequently anner.ed
thereto.
4.0? Procedures. In the event the Committee fails to
approve ar disapprove within 30 days after plans and specifications
have been submitted to it, or in any event, if not suit to en.)oin the
construction has been commenced prior to the completion thereof,
approval will not be required and the related covenants shall be
Jeered to have been fully complied with.
4.03 Action. Except as otherwise provided herein, any tuo
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members of the Architectural Control Committee shall have power to act
on behalf of the Committee, without the necessity of meeting and
without the necessity of consulting the remaining members of the
Lommittee. The Committee may render its decision only by written
instrument setting forth the action taken by the members consenting
thereto.
4.04 Approval of plans by Architectural Control Committee.
-------- -- ----- -- ------------- ------- ---------
No building or structure, including swimming pools, animal runs and
storage units shall be commenced, erected, placed or altered on any
lot until the construction plans and specificiations, and a plan
showing the nature, shape, height, materials, colors, together with
detailed plans showing the proposed location of the same on the
particular building site have been subroitted to and approved in
writing by the Committee. All plans and specifications for approval
by the Committee must be submitted at least twenty (20) days prior to
the proposed construction starting date.
4,05 Nonwaiver. L'onsent by the Comrittee to any matter
proposed to it and within its jurisdiction under these covenants shall
be dermed to constitute a precedent or waiver impairing its rights to
withhold approval as to any similar matter thereafter proposed or
submitted to it for consent.
4.UG Liability. Neither the Committee nor any member
thereoY shall be liable to any owner, occupant, builder or [~eclarant
for any damage, loss of prejudice suffered or claimed on account of
any action or failure to act of the Committee or a member thereof,
provided only that the rerber has, in accordance with the actual
knowledge possessed by him, acted in good faith.
AkT1CLE V
GENERAL PkOVISIONS
5.01 Term. these covenants shall run with the land with
respect to all property within The lake at Cherry Lane and any
subsequently annexed properties and shall be binding on all parties
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and all persons claiming under them until amended or evoked in the
manner provided in section S.US.
S.U2 Severability. Irrvalidation of any one of these
covenants by judgment or court order shall in no way affect any of the
other provisions which shall remain in full force and effect. In the
event the provisions of these covenants are declared void by a court
by reason of the period of time hereinstated for which the same shall
be effective, then in that event such terms shall be reduced to a
period of time which shall not violate the rule against suspension of
alienation as set forth in the laws of the State of Idaho.
5.03 Standing. Should any person violate or attempt to
violate any of the provisions of these covenants, the declarant, or
any other person or persons owning any real property embraced within
the plat, at its or their option, shall have full power and authority
to prosecute any proceedings at law or in equity against the person or
persons violating or attempting to violate any of the said covenants,
either to prevent the doing of such or to recover damages sustained by
reason of such violation.
Should the Declarant employ council to enforce any of these
covenants, conditions or restructions, by reason of such violation,
all costs incurred in such enforcement, including a reasonable fee for
counsel, shall be paid by the owner of such lot or lots and the
declarant shall have a lien upon such lot or lots to secure payment of
all such accounts.
5.04 Effect of breach. The breach of any of these
------ -- ------
covenants, conditions, or restrictions shall not defeat or render
invalid the lien of any nortgage or deed of trust made in good faith
for value as to any lot or lots or portions of lots in such premises,
. _.. Gut these covenants, conditions, reservations, and restrictions shall
be binding upon the effective against any such mortgagee or trustee or
owner thereof, whose title thereto or whose title is or was acquired
by foreclosure, trustee's sale, or otherwise.
5.05 Delay. Na delay or omission on the part of the
Declarant or the owners of other lots in the properties in exercising
-12-
•
any rights, power, or reredy hereinprovided, in the event of any
breach of the covenants. conditions. or restrictions hereincontained,
shall be construed as a waiver thereof or acquiesence therein, and no
right of action shall accrue or shall any action be brought or
maintained by anyone whatsoever against the Ueclarant for or on
account of the failure to bring any action on account of any breach of
these covenants. conditions, or restrictions, or for irposing
restrictions herein which ray be unenforceable by the declarant.
5.06 Extent of reredies. These covenants, conditions and
------ -- --------
restrictions, are curulative, and all reredies provided herein for
breach are in addition to any rising reredies provided by local or
state laws, and not in lieu thereof.
5.0'7 Approvals. Approval by a city or county governir~9
board, vested with the responsibility of reviewing planning and zoning
having jurisdictions over this subdivision, of an application rade by
the Ueclarant which is in conflict with any covenants, conditions or
restrictions oY these Covenants shall in no way affect or invalidate
these Covenants, but these Covenants shall retain in full force and
effect, and subject to enforcerent and reredies for violation hereof,
subject to the right of the Ueclarant to change the land use
designation as provided in Article II herein.
x.08 Arendrent and repeal. These Covenants or any
--------- --- ------
provision thereof, as fror tine to Lire in effect with respect to all
or any part of The Lake at Cherry Lane Subdivision ray be aren~ied or
repealed only by duly recording an instrurent which contains an
agreerent providing for terrinations of revocation or arendrent which
is signed by the Uwners of not less than seventy-five percent (9:i:C) of
the Lots.
IN WITNESS WHE&EUF, we have set our hand thi s ~ day
of =U.l~e , 1984.
h%~~ ~y
.. ~
-13-
STATE OF IDAHO)
s.s.
County of Ada )
On this-!L_ day of ~.~~~no . 1984, before me a
Notary Public in and for the State of Idaho. personally appeared Kent
0. Barney and Mary k. Barney, known to ae to be the persons whose
noses are subscribed to the fore9oin9 instrueent, and ack.nowled9ed to
BY \~1 w IC F~
se that they executed the same.
.K G h 1
Notary Public for Idaho
A
~~
Residing at Boise, IdahC~o
My bond expires: x'13" p8
~~pTAl~r "`
* ~ V81~G f``' ,
-14-
=Mi E T1 O RAN D U M
TO: MEF.IDIAN CITY COUNCIL
FROM: WAYNE G. CROOKSTON, JR.
DATE: JliNE 13, 1984
RE: BUILDING RESTRICTIONS AND COVENANTS
ON THE iVILLOWS SUBDIVISION
I believe that Paragraph 3 of the covenants, specifically
the last phrase thereof to the effect that the square footage
would automatically be reduced as changed by the City Council, if
changed, is unfeasible and would not he done automatically as
inferred. It is my opinion that reduction in square footage
could not be done automatically but must be approved in each
instance through the Council and that should be reflected in the
coven an is .
2 also believe that some reference should be made to the
Plat with regard to the minimum house square footage.
It is also my opinion that Paragraph 11 of the covenants
AMSROSE,
F1T2G ERALD
i CROOKSTON
AtterMye enE
Counsebrs
P.O. BOZ IY7
MerMlen, lGYio
S3Se2
TeleDIwM BB&zz61
is not in compliance with the mobile home ordinance as it relates
to recreational vehicles.
Submitted,
UV
Wayn G. Crookston, r.
/pb
JUNE 5, 1984
MAYOR
COUNCIL
ATTORNEY
PLEASE REVIEW THE ATTACHED COVENANTS ON
SUBDIVISION. THESE COVENANTS WILL NEED
ON THE JUNE 16, 1984 COUNCIL MEETING.
THE WILLOWS
TO BE APPROVED
THANKS
A.e ri d'.~~an City Council
item
1
~~
May 7, 1984 ,
Reauiar meeting of the Meridian City Council called to order by Mayor Kingsford at
7:30 p.m.
Cour;cil Members Fresent: Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler
Others Present: Doug Nichols; Mr. & Mrs. Bruce Stuart; Kenny W. Bowers; Gary Smith;
Earl Ward; Bob Mitich; Wayne Crookston Jr.; Tom Cole; Jeff Stoffer;
Steve Schaffer; Wayne Gibbs; Dennis Kinney; Jack Niemann; _
Minutes of the previous meeting held April lE, 1984 were approved as written.
Frelimir,ary & Final Plat The Willows Subdivision
Wayne ,,=i bbs, JL'B Fn aineers, was present representing the request.
Kir:osford ousstioned Gibbs as to if the restrictive covenants had been submitted. -
~i'b_ said that they are in the process of being prepared at the present time.
Fire Ctnef Fewer=_ commented that he would still like to see the street go through to
C}.a*_e au.
To->m~ echoe.d t::^ose com:~c nts saying that hF felt the T street design was a };azzarc.
~i!}' Er.gir, a_er ~a n~ Smith told the Council ti;at all 'r.~is continent=_ had been taker, care of.
(Co:a:;:::r= or: Fi,r- with City Clerk)
bui76i r:^ Inspe.tor Mitict: said that they conform witY: all square footage reouirement=_.
Mau or Fi?~as_`osd orened the Public Hearinc.
;;,<re was no res:,onse.
'r' :ord closed _ir Fublic Rearing.
T~-:e PSOic:, was rice by Rr~_wer and seconded by Gieslez to approve of the Frelimir.ary '
ar:d Final Pla~ n* ..,_ teiil...s S~.u~divieior: conditional upon the submittal and approval
uf. ~[l:.___su:ic..iy r coca=r.cnt...
__~:-. _._ _ .. ~. ,.: r, ~~e, ~~. ~__, r; -~ ~ m, ~._',--., yea;
.Ar rlicatior; by Steve Schafer for Business t,, c~e:;se to Gpe rate a Taxi Cab Service
Steve Schafer was rse~;emt. Schafer would like to make available a taxi cab to the
ii+'r_ens of Meridian. Schafer told the Council that his rate schedule is in line
wii~.h the ~~arges in ham.:a, which are lower t}:an these in the Boise area.
-~• • r
• . • . •
BUILDING RESTRICTIONS AND COVBNANTS
THE WILLOWS
KNOW ALL tOs'I'1 BY THESE PRESENTS:
ARAN AND ALICE L. GONZALE2, the owners of the property hereinafter de-
scribed, does by this instrument impose upon said real property the hereinafter
contained building and occupancy restrictions and covenants and for that
purpose duly makes, executes and files of record herewith, in the Office of
the County Recorder of Ada County, Idaho, this instrument. Said premises are
described as follows:
A parcel of land being a portion of the 5 1/2 of the N 1/2 of the SE 1/4
of Section 6, T.3N., R.lE., B.M., Meridian, Ada County, Idaho and more parti-
cularly described as follows: Beginning at a brass cap marking the South one-
quarter corner of the said Section 6; thence North 0°20'01" Bast 1,301.13 feet
along the westerly boundary of the said SE 1/4 of Section 6 to an aluminum cap
marking the Southwest corner of the said S 1/2 of the N 1/2 of the SE 1/4 of
Section 6, also said point being the RBAL POINT OF BEGINNING;•thence continuing
North 0°20'01" East 650.56 feet along the Westerly boundary of the said S 1/2
of the N 1/2 of the SE 1/4 of Section 6 to an iron pin marking the Northwest
corner of the said S 1/2 of the N 1/2 of the SE 1/4 of Section 6; thence North
89°54'21" East 334.68 feet along the Northerly boundary of the said S 1/2 of
the N 1/2 of the SE 1/4 of Section 6 to an iron pin on the Westerly boundary
of Meridian Place Subdivision No. 1, as filed for record in the office of the
Ada County Recorder, Boise, Idaho in Book 47 of Plats at pages 3837 and 3838;
thence South 0°17'46" West 651.78 feet along the said Westerly boundary of
Meridian Place Subdivision No. 1 to an iron pin marking the Southwest corner
of the said Meridian Place Subdivision No. 1; thence North 89°53'09" West
335.10 feet along the Southerly boundary of the said S 1/2 of the N 1/2 of the
SE 1/4 of Section 6 to the point of beginning, comprising 5.01 acres, more or
less.
1. Said land and the whole thereof shall be used exclusively for residen-
tial purposes. Lots may not be sold or conveyed in tracts of any size smaller
than the lots as recorded in the original platting, without the written approval
of the Architectural Control Committee.
2. No building shall be erected, placed or altered on any lot until the
construction plans and specifications and a plan showing the location of the
structure have been approved by the Architectural Control Committee as to
quality of workmanship and materials, harmony of external design with existing
structures, as to locations with respect to topography and finish grade eleva-
tion. No fence or wall shall be erected, placed or altered on any lot nearer
to any street than the minimum building setback line unless similarly approved.
Complete plans and specifications of all proposed buildings and structures,
together with a detailed plan showing proposed location on the particular
building site, shall be submitted to the Committee before construction or
alteration is started, and such constructions or alteration shall not be
commenced until written approval thereof is given by the Committee. As to all
improvements, construction and alterations upon building sites, the Committee
shall have the right to refuse to approve any design, plan, floor area or
color for such improvements, construction or alterations which is not suitable
or desirable in its opinion, for any reason, aesthestic or otherwise, and in
BUILDING RESTRICTIONS AND COVENANTS - 1
~ i
• ~
so passing upon such design, Co®ittee shall have the right to teke into
consideration the suitability of the proposed building or other structure, and
the material of which it is to be built and the exterior color scheme, to the
site upon which it is proposed to be erected, the harmony thereof with the
surroundings, and the effect of the building or other structure or alterations
therein as planned on the .outlook of the adjacent or neighboring property, and
the effect or impairment that said structures will have on the view of the
surrounding building sites, and any and all other factors which, in the Com-
mittee's opinion, shall affect the desirability or suitability of such proposed
structure, improvements or alterations. actual construction shall comply
substantially with the plans and specifications as so approved.
Should the Cou®ittee fail to approve or disapprove said plans and
specifications within thirtp (30) days after the same have been submitted to
it, such. approval will not be required and the provisions of this paragraph
will be deemed to have been fully complied with.
3. - No dwelling shall be permitted on any lot in said subdivision with
less square feet than the City of Meridian Ordinance allows, exclusive of
attached open portions, carports or garages, and provided further no other
structures shall be permitted except proper sanitary housing for pets. Pro-
vided, however, the total square feet of space to be occupied by all buildings
and structures on any lot cannot eaceed 35$ of the total area of the lot upon
which constructed. Provided further, if the City of Meridian should adopt an
ordinance that permits the construction of a dwelling with less square feet of
space than herein provided, the amounts herein required shall automatically
be reduced to the minimum requirements prescribed by any such ordinance.
4. No building shall be erected, placed or altered on any lot nearer
than twenty (20) feet from the front street lot line, twenty (20) feet to any
side street lot line, five (5) feet from the side lot lines, nor five (5) feet
from the rear lot line, for the purpose of this covenant, cornices, canopies,
eaves, stairs, steps or open porches shall not be constructed upon nor encroach
upon easements.
5. In connection with paragraph 4 above, the following structures or
projections are permitted within the setback areas therein described:
e. Cornices, canopies; caves or ther projections which do not
increase the volume of space enclosed by the building; provided,
however, that none of these shall project into any required
yard more than two (2) feet.
B. Exterior stairs of open design; provided that no such stairs
shall project into a required front or side yard more than four
(4) feet and into any rear yard more than eight (B) feet.
BUILDING
11ND COVBNSNTS - 2
. e
6. No trailer, mobile home, basement, teat, shack, garage, barn or
other outbuilding erected in said tract or on any building site thereof shall
be used at any time as a residence, temporary or permanent. No structure of a
temporary character shall be used at any time as a residence.
7. all property will be serviced by public water and public sewer
disposal spstems. all residences must be connected to these utilities at the
time of construction..- ell platted streets will be paved and provided with
concrete curbs and gutters.
8. Hach lot owner shall control the drainage and storm run-off from his
lot so as to prevent damage or burden to adjoining property.
9. No nuisances or offensive activities shall be carried on in any
building site or in any structure built thereon, nor shall anything be done
thereon or therein which may be or may become an annoyance to the neighborhood.
10. No building site shall be used or maintained as a dumping ground for
rubbish. Trash, garbage or other waste shall be kept is- sanitary eontainers
and disposed of as directed and authorized by municipal authority.
11. Hach lot owner shall construct a garage for at least two care and
shall provide for offstreet parking for any unhoused motor vehicles, trailers
and boats. No inoperative motor vehicle or any of its detached parts map be
maintained or stored on any premises longer than seven (7) days except in an
enclosed garage. No RV or boat shall be parked on the street.
12. Livestock and Poultry: No animals, livestock or poultry or any kind
shall be raised, bred or kept on any lot, except that dogs, cats or other
household pets may be kept provided that they are not kept, bred, or maintained
for any commercial purpose.
13. Each of Lots 12 through 17 in Block 2 and Lot 5 in Block- 1 have an
easement across the rear or side thereof for drainage purposes. The easement
across said. Lots is of a sufficient width for the purpose of operating, main-
taining and cleaning said drainage ditch.
14. Bach lot owner shall promptly, after constructing a dwelling end
attached garage, and in no event later than five (5) months from occupancy
thereof, seed the yard to lawn or place sod thereon and provide and maintain
landscaping and trees aesthetically acceptable for the neighborhood.
15. These covenants and restrictions shall. run with the land and shell
be binding upon the undersigned, and all successors in title or interest to
said real property or any part thereof, for a period thirty (30) years from
the date these covenants are recorded; after said thirty (30) year period
these covenants shall be automatically extended for successive period of ten
pears, unless an instrument signed by owners of a majority of the building
BUILDING RHSTRICfIONS AND COVENANTS - 3
•
sites within said tract has been recorded, agreeing to the change or cancella-
tion of these covenants, in whole or in part. If it should be found necessary
or advantageous to make changes in or to modify the covenants and restrictions
prior to the initial thirty (30) years as stated above, this may be done by an
instrument signed by the owners of at least two-thirds (2/3) of the building
sites.
16. finforcement of these covenants may be prosecuted by any owner of any
building site within said tract by proceedings at law or in equity against
any corporation, firm, person or persons violating or attempting to violate
any covenant, either to restrain violations or to recover damages.
17. The Architectural Control Committee is composed ofc
Alice Gonzalez
Adan Gonzalez
Hoise, Idaho
Boise, Idaho
Larry Van Hees
Runs, Idaho
A majority of the Committee may designate a representative to act
for it. In the event of death or resignation of any member of the Committee,
the remaining members shall have full authority to designate a successor.
Neither the members of the Committee nor its designated representatives shall
be entitled to any compensation for services performed pursuant to this cove-
nant. No Committee member shall be responsible for any violation of the
within covenants and restrictions. At any time the then record owners of two-
thirds (2/3) of the lots shall have the power through a duly recorded written
instrument to change the membership of the Committee or withdraw from the
Committee or restore to it any of its powers and duties.
1H. Should any covenant contained herein be rendered invalid by judgement
of any Court of competent jurisdiction, such invalidation shall in no way
affect any of the other provisions herein contained.
BUILDING BHSTRICTIONS AND COVENANTS - 4
T
• ~ •
IN WITNESS WHERHOF, the undersigned, being the Declarants herein, have
hereunto set their hand and seals this day of June, 1984.
Adam Gonzalez
STATE OF IDAHO )
)ss.
COUNTY OF ADA )
Alice L. Gonzalez
On this day of June, 1984, before me, the undersigned, a notary
public in and for the State of Idaho, personally appeared Aden Gonzalez and
Alice L. Gonzalez, known to me to be the persons whose names are subscribed to
the within instrument, and acknowledged to me that they executed the same.
IN WITNESS WHSRBOF, I have hereunto placed my official hand and seal the
day and year in this Certificate first above written.
Notary Public for Idaho
Residing at Boise, Idaho
BUILDING RESTRICTIONS AND COVENANTS - 5
r "'
w
y'
• • • •
ORDINANCE NO. ~~
AN ORDINANCE REPEALING TITLE 8, CHAPTER 9, NUISANCES., SECTION
8-903 ENTITLED OFFENSIVE OR NOXIOUS WEEDS, REVISED AND COD4PILED
ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, AND RE-ENACTING
SAID SECTIOIQ 8-903, TITLE 8, CHP_PTER 9, NUISANCES, TO READ AS SET
FORTH HEREIN AIdD TO BE EFFECTIVE UPON APPROVAL HEREOF.
WHEREAS, the City Council and=the S4ayor of the City of
Meridian, Idaho have concluded that it is in the best interest of
the City to repeal Title 8, Chapter 9, Nuisances, Section 8-903,
entitled, Offensive or Noxious 6Veeds, Revised and Compiled
Ordinances of the City of Meridian, Ada County, and to re-enact
Title 8, Chapter 9, Nuisances, Section 8-903, Offensive or
Noxious Weeds, to read as set forth below and to be effective
upon approval hereof.
NOtid, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF
MERIDIAN, and the CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY,
IDAHO,
Section 1. That Title 8, Chapter 9, Section 8-903, Offensive
or Noxious Weeds, is hereby repealed.
Section 2. That the following shall be .enacted as Title 8,
AMBROSE,
FITZGERALD
BCROOKSTON
ABOmeya entl
Counsebn
G.O. Box 127
Meritlien, Itlaho
83812
Telepftone 8884181
Chapter 9, Nuisances, Section 8-903 entitled Offensive or Noxious
Weeds, and shall read as follows:
8-903 OFFENSIVE OR NO::IOUS WEEDS: No oorner of any lot,
place, ar area within the City, or occupant or
person in control of same, shall permit on such lot, place or
area or upon any street, sidewalk or public right-of-way abutting
the same a public nuisance to exist as herein defined and found to
exist by the Fire Chief or his authorized representative,
(A) All weeds, dry grasses, dead shrubs, dead trees, rubbish
or any material growing upon the streets, sidewalks, adjacent
public right-of-way or upon private property within the City
of Meridian, which by reason of size, manner of growth or
location constitute a fire hazard to any building, improve-
ments, crops or other property, and weeds and grasses which,
when dry, will in reasonable probability constitute such a
fire hazard, are hereby declared to be a public nuisance.
(B) Cultivated and useful grasses and pastures shall not be
declared a public nuisance. However, if the Fire Chief, or
his authorized representative, shall determine it necessary
to protect adjacent improved property from fire exposure,
an adequate fire-break may be required.
(C) Waste matter as hereinafter defined, which by reason of its
location and character is unsightly and interferes with the
reasonable enjoyment of property by neighbors, or which
would materially hamper or interfere with the prevention or
suppression of fire upon the premises, or the abatement of
a nuisance as defined by this ordinance, is hereby declared
a public nuisance.
(D) Waste matter is defined for the purpose of this ordinance as
unused or discarded matter having no substantial market
value, which is exposed to the elements and is not enclosed
in any structure or otherwise concealed from public view,
and which consists (without limitation or exclusion by
enumeration) of such matter and material as:
1. Rubble, asphalt, concrete, plaster, tile; and
2. Rubbish, crates, cartons, metal and glass containers:
(E) If it is determined by the Fire Chief or his authorized
representative that a public nuisance, as herein defined,
exists on any lot, place or area, or upon any street,
sidewalk, or public right-of-way abutting the same, the Chief
of the Eire Department shall cause a notice to be issued
to abate such nuisance. Such notice shall be headed "Notice
to Clean Premises", shall contain a description of the
property in general terms reasonably sufficient to identify
the location of the nuisance; shall describe the nuisance
in terms reasonably sufficient to identify the same; shall
direct the abatement of the nuisance; shall specify the
penalty provision as provided herein; and shall specify the
appeal process as provided herein.
AMBROSE,
FITZGERALO
6 CROOKSTON
AtbrMye nW
Couneeton
P.O. BOZ OZ7
Mentllan, Itlano
83MR
Tslsplwns l88JrB1
The notice above referenced may be served in the
following ways:
1. By personal service on the owner of said lot, place or
or area, if owner lives within the. City of Meridian,
and by personal service on the occupant or person in
charge or control of the property, if such person can
be identified; and
2. If said owner does not live within the City of
Meridian, by registered mail to the owner, at the
address shown. on the last available assessment role,
or as otherwise known; and, by personal service on
the occupant or person in charge or control of the
property, if such person can be identified; and
3. Should the owner not be known or have an available add-
ress, by posting at a conspicuous place on the land or
abutting public right-of-way and insertion of an
advertisement at least once a week for the period of
two weeks in the official newspaper of the City of
Meridian, and by personal service on the occupant or
person in charge or control of the property, if such
person can be identified. Said newspaper advertisement
shall be a general notice that property in the City of
Meridian has been posted in accordance with this
ordinance and contain a general statement of the effect
of such postings. The date of such newspaper advertise-
ments shall not be considered in computing the appeal
periods provided by this ordinance.
AM BROSE,
FITZGERALD
6CROOKSTON
Atlpnsys sn0
Counaelon
P.O. Box 127
Msrl01en, 10No
B8M2
TMeDl~one 888-1161
(F) Within ten (10) days from the date of posting, mailing or
personal service of the required notice, the. owner or person
occupying or controlling such. lot, place or area affected
may appeal to the City Council of the City of Meridian. Such
appeal shall be in writing and shall be filed with the City
Clerk. At the regular meeting or regular adjourned meeting
of the City Council, not less than ten (10) days nor more
than twenty-six (26) days after receipt of the appeal, the
City Council shall proceed to hear and pass upon such. appeal,
and the decision of the City Council thereupon shall be final
and conclusive.
(G) It shall be the duty of the owner or person occupying or
controlling any lot, place or area in the City of Meridian
which has been declared a public nuisance as provided herein
within ten (10) days from the date of notification, as pro-
vided herein, or in case of an appeal to the City Council,
within ten (10) days from the determination thereof, unless
the same is sustained, to remove the nuisance as stated.
~ i • ~
(H) Upon the failure, neglect or refusal of any owner or occupant
so notified to remove the public nuisance as herein defined,
within the time specified in this ordinance, the Chief of
the Fire Department shall notify the City Attorney in writing
of the last-known legal owner and property description in
general terms. The City Attorney may cause legal action to
be taken through the Magistrate's Court for action as follows
The owner of any lot, place or area within the City of
Meridian who shall permit or allow the existence of a
public nuisance as defined in this ordinance, upon any
lot or premises owned, occupied or controlled by him, or
who shall violate any of the provisions of this ordinance,
shall be guilty of a misdemeanor and upon conviction
thereof shall be subject to a fine of not mgrs than Three
Hundred Dollars ($300.00), or to imprisonment for a period
not exceeding six (6) months, or both such fine and
imprisonment, or the City Attorney, in his discretion, may
also take civil action to obtain an order from said Court
enjoining the maintenance of said public nuisance.
(I) Upon direction of the City Council and at the City Council's
discretion, upon the failure, neglect or refusal of any owner
or occupant so notified to remove the public nuisance as
herein defined within the time specified in this ordinance,
the Chief of the Fire Department shall notify the City
Clerk's office in writing of the known legal owner and
property description in general terms. The City Clerk's
office shall proceed with the work specified in the notice.
The cost of the work shall be transmitted to the Council,
who shall cause the same to be paid and levy a special assess
ment against the property.
(J) The provisions of this ordinance are separable and if any
provision, clause, sentence, subsection, word or part thereof
is held illegal, invalid or unconstitutional or inapplicable
to any person or circumstance, such illegality, invalidity
or unconstitutionality or inapplicability shall not affect
or irnpair any of the remaining provisions, clauses, sentences
sub-sections. It is hereby declared to be the legislative
intent that this ordinance would have been adopted if such
illegal, invalid or unconstitutional provision, clause,
sentence, sub-section, word or part had not been included
therein, and if such person or circumstance to which the
ordinance or part thereof is held inapplicable had been
specifically exempt therefrom.
AMBROSE,
FIT40ERAlD
B CROOKSTON
Attorneys NtO
Counaebn
P.O. BaK 147
tMrWlen, IOelro
BJB14
TsnpIroM BB&1M1
• •
Section T~IHEREAS, there is an emergency therefor, which
emergency is declared to exist, this Ordinance shall take effect
and be in force and effect-from and after its passage, approval
and publication as required by law.
PASSED by the City Council and approued by the Mayor of the
City of PQeridian, Ada County, Idaho, this1~~day o~~,,
1984.
APPROVED:
J~KV fo y Ma or
ATTEST:
AMBROSE,
FIttGERALD
d CROOKSTON
AttorMy~ AnC
CounMlon
P.O. BOK JR7
MlHOMn, IENo
8981T
Tal~p~ona&lBIM7
A RESOLUTION OF THE CITY OF MERIDIAN, IDAHO APPROVING THE ADOPTION
OF JOINT REGISTRATION PROCEDURES WITH ADA COUNTY, IDAHO FOR ALL
ELECTIONS FOLLOWING THE ADOPTION OF THIS RESOLUTION.
RESOLUTION NO. 8 S
AMBROSE,
FITZGERALD
B CROOKSTON
Attonroye an0
Coon»lon
WHEREAS, Section 50-476, Idaho Code, permits municipal
corporations to adopt joint voter registration procedures with.
Ada County, Idaho, and to conform their practices for the regis-
tration of qualified electors to those contained in Title 34,
Idaho Code; and
WHEREAS, the City of Meridian desires to adopt joint voter
registration procedures with Ada County, Idaho, and to conform
its voter registration procedures and forms to those contained
in Title. 34, Idaho Code,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That the City of Meridian, Idaho hereby elects
to conform its practices for the registration of qualified electors
to those contained in Title 34, Idaho Code, as permitted by
Section 50-476, Idaho Code, which authorizes municipal corporations
to adopt joint registration procedures.
~~ da
ATTEST
PASSE BY THE COUNCIL OF THE CITY OF MESRTDIAN, IDAHO, this
y of , 1984.
APPROVED;
~~ G. NT P ..KINGS O , YOt2
P.O. Box ~2T
M.r1aNn, beNO C i y C le r,
aTS.z
TslspNOne 88&US1
unit¢d cable t¢I¢vision
# ~ of treasure valley
0
May 30, 1984
City of Meridian
Mayor Grant Kingsford
728 Meridian Avenue
Meridian, Idaho 83642
Dear Mayor Kingsford:
United Cable Television of Treasure Valley is proud to
say that our 5th year of operation was successful. Improved
customer service capacity and capability, as well as programming
additions, have accelerated our growth in basic subscribers from
28,585 to 31,044, a 9~ increase.
• Financially, our operating loss narrowed substantially de-
spite some major operating expense increases (please refer to
the attached Fact Sheet). We are projecting break-even by the
fall of 1985.
The market/price sensitivity of our service prohibits 100
pass-through of our operating expense increases. However, we
propose the following nominal rate adjustments, effective
August, 1984.
Current Proposed Percent
Service Rate Rate Increase
Basic service without
Converter Terminal $ 8.45 $ 8.80 4.1~
Basic service with
Converter Terminal $10.60 $10.95 3.3~
Cordless Converter
option $ 2.15 $ 2.25 4.7~
Pay Cable TV services* ** $ .40/ 3 - 5$
(HBO, Showtime, etc.) service
•
8400 Westpark Street Boise, Idaho 83704 • 208/377-2491
City of Meridian
May 30, 1984
Page 2
• We hope that you consider the proposed rate increase fair.
We are available to address any questions or concerns at your
request.
Respectfully,
~--v`_ R
James R. Clark.
General Manager
JRC/mmc
* Not regulated per a 1978 Federal Court of Appeals ruling
that."FCC preemption has rendered invalid price
regulation or special pay cable programming.. ."
Brookhaven Cable T.V. vs Kelly, 573F2d.765 (1978).
** Depends upon subscriber's service combination (package).
•
•
•
FACT SHEET
The following are the major operating expense increases
United Cable Television of Treasure Valley has incurred through-
out 1983 and 1984:
MONTHLY INCREASE MONTHLY PER
EXPENSE DESCRIPTION FROM TO SUBSCRIBER*
A. Copyright Fees $ 4,000 $16,000 $ .39
B. Property Taxes $10,100 $18,300 $ .26
C. Program Suppliers $15,733 $21,933 $ .20
Royalties
D. Power Pole $ 3,500 $ 7,300 $ .12
Attachments
Total increase/
subscriber $ .97
* Based on a subscriber count of 31,000.
. NOTES:
A. The copyright tribunal, effective January, 1984, increased
the fee to carry distant independent signals (WGN and WTBS)
to 3.75 of basic revenues. The effective increase was 4008.
WGN and WTBS enjoy a good popular viewership in the Treasure
Valley, and research has shown that they are the two most
viewed stations on the cable system.
B. Ada County from 1981 to 1983 determined all tangible assets
were the personal property of United Cable Television of
Treasure Valley, and, in effect, raised valuation 70~. The
effect of the 50/50 proposition increased property taxes 20~
for the 1983 assessments. Effective increase was 120 in 2
years.
C. Various program suppliers have adjusted their programming
royalties. The increase enumerated applies to our basic
service package and represents a 39.4 increase.
D. Idaho Power Company increased the power pole attachment fee
from $1.89 to $4.00 per pole, effective January, 1984. The
$1.89 rate was established by a FCC formula; however, in 1982
Idaho Power Company was successful in introducing legislation
• to effectively adjust pole attachment rates unilaterally. The
effective increase is 112.