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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 -1- _._........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, -2- 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 -3- 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. -4- ~ ~ ~ ~~ 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 -------- -------- 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 -5- 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. -6- • ~ 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 -7- 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 -8- • 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 -------- ------ 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 -9- 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 -10- 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 -11- 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.