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1986 02-18• A G E N D A MERIDIAN CITY COUNCIL FEBRUARY 18, 1986 ITEM: • MINUTES OF PREVIOUS MEETING HELD FEBRUARY 3, 1986:(APPROVED) CERTIFICATES FOR WASTEWATER AND WATER DEPARTMENT EMPLOYEES: 1: INTRODUCTION OF GAS FRANCHISE ORDINANCE #462: - 2: ACTION ON PAWNBRORERS ORDINANCE: 3. WAYNE FORREY, JUB ENGINEERS, COMMUNITY BLOCIC GRANT PROGRAM: 4. DEPARTMENT REPORTS: ,\ • • MERIDIAN CITY COUNCIL FEBRUARY 18, 1986 Regular meeting of the Meridian City Council called to order at 7:30 p.m. by Mayor Grant Kingsford: Members Present: Bill Brewer; Ron Tolsma, Bert Myers, Bob Giesler: Others Present: Earl Ward, Roy Porter, Kenny Bowers, Bruce Stuart, Donna Kesner, Steve Wherry, Wayne Crookston, Dan McAlister, Wayne Forrey,.Dale Ownby, Bob Spencer, Fred Pu~zier, Ronald Gearhart, Gerald Randolph, Bill Jones, Miki Wofford, Shawn Eddelmon, Joe Smith The Motion was made by Myers and seconded by Giesler to approve the minutes of the previous meeting held February 3, 1986 as written: Motion Carried: Al1 Yea: Commissioner Bert Myers presented certificates to wastewater employees and recognized them for their efforts in obtaining these certificates: Mr. Fred Putzier was given a Class III Operators Certificate: Mr. Ronald yG~arha~rt r~c~i~~ed a:~ C1ass ~I: pperators~ ~Certificate; Mr. G~rald Randolph a Class II Operators Certificate and Mr. Bill Jones was given a Class I Certificate: Commissioner Tolsma presented Mr. Bruce Stuart a certificate of appreci- ation for his 15 years of service with the City of Meridian: Mayor Kingsford read a Procalamation delcaring the Week of February 15- 22, 1986 as FFA WEEK: He also announced that the annual FFA Breakfast would be Friday the 21st from 6:00 A.M. to 7:30 A.M; and urged all the residents to support the FFA: Mayor Kingsford read a Proclamation declaring the Week of February 21- 28, 1986 as 1986 S.A.D.D. WEEK: Item #1: Introduction of Gas Franchise Ordinance #462: Mr. Dan McAlister , Intermountain Gas Company was present and gave the Council a brief synopsis of the new Franchise Ordinance they are asking the City to approve. Mayor Kingsford, read the proposed Ordinance #462 by title and advised the Council that they would need to approve publication of the Ordinance and set a date thirty days after this publication for final approval as required by law: The Motion was made by Brewer and seconded by Tolsma to approve the publication of proposed Ordinance #462 and to schedule this on the April 7, 1986 meeting for further consideration: Motion Carried: All Yea: Item #2: Pawnbrokers Ordinance: Chief Porter gave a synopsis of this proposed Ordinance and advised the Council as to the necessity of an Ordinance of this type. CITY COUNCIL • • FEBRUARY 18, 1986 PAGE # 2 The Motion was made by Tolsma and seconded by Myers to instruct the City Attorney to prepare this proposed Ordinance in official form for consideration at the next regu•~.~;i.r City Council Meeting. Motion Carried: All Yea: Item #3: Community Block Program: Mayor Kingsford, Mr. Wayne Forrey, JUB Engineers, is present tonite to discuss the Community Block Program and the possibility of the City of Meridian obtaining a Block Grant: Forrey, present regulation state that you cannot apply for additional funds until any Block Grant Funds you already have is 100a expended, both of the Grants received last year are in that -ca~egory~. Knowing that we have discussed with the City the possibility of obtaining a Block Grant to extend sewer and ~aater across the Interstate. Block Grant is a program that is available for this type of need where you have an area that is underdeveloped. A new requirement of the Block Grant Program is that any city appling for a Grant has to have at least 51% of the residents in the low to moderate income bracket. I have checked this with the Bureau of Census and the City of Meridian is 53.8 o in this catergory so there are no hurdles in applying for the Block Grant. The application deadline is April 4 so it is timely we discuss how we would put a Block Grant together. There is no multiple year projects available this year so the most any City ~ould apply for is $350,000.00 in a one year Grant. There will probably~-a large competition for the funds this year due to budget problems. We recommend that the City get as much private involvment as you can, rather than 100o Block Grant we recommend 50o Block Grant with the balance coming from the private sector. You also gPt more points this way. What we would like you to consider tonite is, first of all that you authorize or instruct someone or JUB to put this type of program together, we would like to propose that five or six landowners in the area around [nlestern States Equipment Company would participate financially in ~~-~~:~q~the water and sewer across the Interstate. We have contacted three of the six and tentatively they have agreed they would participate however until the City of Meridian formally indicates they will apply for the Block Grant they will not give any numbers or make anything in writing. The sewer alone is prob- ably going to cost somewhere in the neighborhood of $375,000 to $400,000 so we are looking at approximately $200,000 in Block Grant Funds and the rest from the private sector. I don't believe we are going to have trouble obtaining this from the private sector. We have also touched base with the Sewer & Water District and their concern was who would be maintaining the facilities after they were constructed. In terms of the Block Grant Application we have to state that there will be an entity available for long term maintenance and the Water and Sewer District does not have the capabilities to do this so we would see that property come out of the Water and Sewer District. This is something the City and the Water and Sewer District would have to work out but we would need a letter from them eventually. Also there has been some discussion about the downtown and what I feel the Council should do is kind of on the coattail of the Sewer & Water is put about $25,000 or $30,000 in the Block Grant in terms of its budget for a doFantown master development plan. I think the Council should hire a local Architect to prepare that, CITY COUNCIL • • FEBRUARY 18, 1986 PAGE ~3 and the follow up of that would be the creation of a BID to impliment the recommendations of the Master Development Plan. This type of thing seem very favorab~e in the Block Grant Program. I think this project could come together and Meridian could be sucessful in obtaining this Grant. Crookston, what about the cost of water? Forrey, we have not put a cost estimate for the water but I would think that the City might want to develop a well in that area and save those extension costs. Also our position, JUB, if the City would like us to prepare this application and we would like to do that,we propose the fee to do this be funded by the private sector so the City would not be paying any costs up front. Kingsford, any questions of the Council? Brewer, this is the most exciting thing to come before the Council I think in a long time, this is something that has been needed for a long time. Tolsma, the Water & Sewer Project will probably have more priority than the downtown project. Forrey, if there are jobs attached to it definately, this is something we need to discuss, there is kind of a risk as Western Equipment is not producing new jobs as they are moving fr~in Boise, the priority is when new jobs are created,this could be a factor in the Grant award. Kingsford, do we have to have a Public Hearing? Forrey, if the motion is to apply for a Grant you have to have a Public Hearing but if just to investigate then you would not have to have the Public Hearing. Kingsford, then sometime before we submit the application we have to conduct a Public Hearing? Forrey, Yes, there might be another project someone has in mind: The Motion was made by Brewer and seconded by Giesler that the City of Meridian ask Wayne Forrey & JUB to investigate the possibilities of applying for a Community Block Grant for the Sewer and Water Project to extend lines across the Freeway and the Downtown Master Development Plan. Motion Carried: All Yea: Department Reports: Attorney Crookston advised the Council on the status of the Amyx legal action taken on the junk automobiles at the Creamery Building. The Council instructed the attorney to have the Court impose the fine as stated in the preliminary injuction. CITY COUNCIL • . FEBRUARY 1,8, 19$6 PAGE #~ Chief Bowers, I would like to request a raise in~the reimbursement for the QRU Members, at the present time they receive $5.00 per shift for reimbursement, a shift is twelve hours, we would like to increase that to $6.00 which would amount to 50~ per hour, in checking the budget set up I do not believe there would be a problem, the City part of this would amount to $730.00 per year. The Rural Fire Department has approv- ed this increase at their last meeting to be effective February 1, 1986. This would make it far easier for the treasurer to divide the monies as at the present time it figures out an odd amount per hour and some- times we have as many as four to six people pulling a shift. Are there any questions of the Council? Brewer, when I explained this to the Council, we realize when people take this responsibility on they know they are donating their time but I can not see where it should end up costing them to donate their time. I understand this is strictly a reimbursement. The Motion was made by Brewer and seconded by Myers to increase the reimbursement to the QRU from $5.00 per day to 6.00 per day retoactive to February 1, 1986. Motion Carried: All Yea: Mayor Kingsford, announced the Blood Drawing the 6th of March from 12:00 p. m. to 4:00 p.m. to be held at the Valley Shepard Nazerene Church~"and urged all residents to attend: Mayor Kingsford, Mr. Morgan Edwards term on the Economic Development Corporation Board expires on March l, 1986 and I would like the Council approval for his reappointment. The Motion was made by Myers and seconded by Tolsma to reappoint Morgan Edwards to the Board of the Economic Development Corporation for a term of three years. Motion Carried: All Yea: Being no further business to come before the Council the Motion was made by Myers and seconded by Brewer to adjourn at 8:25 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APP OVED: ~ c~ T KINGS O, MA OR ST: ac~~Ti.~m~hn, ~City Cler pc Mayor & ouncil Valley News, Statesman P& Z ommission Kiebert, Hallett, ACHD Atty Eng, Fire, Police ACC, ACZ ,CDH,NIMD, War , Stuart, Mitich, File: (2) Mail (2) ~ ~ ~ROCr~TZOra 1986 S.A.D.D. WEEK Eeb. 21-28 WII~REAS, injury from alcohol-related accidents is teenagers #1 health problem today; and WHEREAS, teenagers who drink and drive cause the death of themselves and others; and WHEREAS, teenage passengers show a high rate of death starting at age thirteen; and WI~REAS, in 1980 more than 7,000 teenagers lost their lives in alcohol- related auto fatalities; and WHEREAS, S.A.D.D., Students Against Driving Drunk, is a group of students organized to help save thEir own lives and the lives of others: to educate students about the problem of drinking and drivinq: and to increase pnblic awareness and prevention of this problem everywhere; and Week. THEREFORE, I do hereby designate the week of Feb. 21-28, 1986 as S.A.D.D. ~~• ~~¢ ,,,~, .~„' 1986 • pROC~TZOra 1986 S.A.D.D. WEEK Feb. 21-28 • WI~REAS, injury from alcohol-related accidents is teenagers #1 health problem today; and WHEREAS, teenagers who drink and drive cause the death of themselves and others; and WHEREAS, teenage passengers show a high rate of death starting at age thirteen; and WE~REAS, in 1980 ~re than 7,000 teenagers lost their lives in alcohol- related auto fatalities; and WHEREAS, S.A.D.D., Students Against Driving Dnuilc, is a group of students organized to help save their own lives and the lives of others: to educate students about the pro~lem of drinking and driving: and to increase public awareness and prevention of this problem everywhere; and WF~REAS, many deaths and injuries result from careless accidents due to fire, chemicals, machinery, wood cutting, home appliances, electricity, farm operation, and outdoor recreation such as hunting and boating, Week. TI~REFORE, I do hereby designate the week of Feb. 21-28, 1986 as S.A.D.D. i ~~. ~~. ,,,., ..,,, 1986 ~ ~. • ~ ~ ~ • ORDINANCE N0. C ~ AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, GRANTING TO INTERMOUNTAIN GAS COMPANY A FORTY (40) YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT, MAINTAZN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING FOR THE USE OF STREETS AND ALLEYS, AND RULES GOVERNING THE SAME; SUBJECTING THE GRANTEE TO ALL POWERS OF TAE CITY; SETTING FORTH THE RULES GOVERNING REPAIRS AND RECONSTRUCTION OF THE STREETS; PROVIDING FOR THE TERM OF THE FRANCHISE AND GRANT; PROVIDING FOR TIiE RIGHT OF INSPECTION BY THE CITY OF GRANTEE'S PLANS, ACCOUNTS, AND BOORS; REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE ANNUAL PAYMENT TO THE CITY, AND THE FILING OF ANNUAL REPORTS WITH THE CITY; REQUIRING GRANTEE TO INDENINIFY CITY, AND FILE EVIDENCE OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING FORTH AN AGREII~NT NOT TO COMPETE, RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR SURRENDER OF FRANCftISE; GRANTING RIGHT TO SALVAGE; REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE, ASSIGNMENT OR LEASE; SETTING FORTH CITY'S RIGHT TO ADDITIONAL PAYMENTS; PROVIDING FOR PAYMENT OF PUBLICATION COST; PROVIDING FOR CIT3C'S CONSENT TO GAS STORAGE FACILITIES; SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND REPEAL; SETTING FORTH EFFECTIVE DATE. WHEREAS, the City of Meridian and Intermountain Gas Company entered in a franchise agreement purusant to Ordinance No. ~r~ dated a~ls~ r=9 °~, /9~7 for a term of ~_ years, and such term is about to~e p~ire?-' WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interests of said City to enter into the following franchise agreement with Intermountain Gas Company; NOW, THEREFORE, the following Ordinance is hereby adopted: SECTION 1. GRANT OF AUTHORITY There is hereby granted to Intermountain Gas Companq, a corporation, its successors and assigns (hereinafter collectively referred to as "Grantee") a forty (40) year extension to the right and authority to construct, install, maintain and operate a gas transmission and distribu- tion system, including mains, pipes, conduits, services and other necessary structures and appliances appertaining in, under, upon, over, across and along the streets, alleys, bridges and public places within the present and future corporate limits of the City of Meridian, Idaho (hereinafter re- ferred to as "City") for the furnishing, transmission, distribution and sale of gas, whether artificial, natural, mixed or otherwise, for heating, domestic, industrial and other purposes and for transmitting gas into, through and beyond said City. ORDINANCE - 1 I • • SECTION 2. USE OF STREETS AND RULES GOVERNING SAME Grantee shall secure a permit from the City or the Ada County Highway District (hereinafter referred to as "ACHD"), whichever is applicable, for any opening it shall make in the streets, alleys and public places in the City and shall be sub~ect to all applicable ordinances, but no fee shall be required of Grantee for anysuch permit. The ACHD presently maintains the streets of the City. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing bodq of the Citq or ACFID, whichever is applicable, may designate for such purpose, but not so as unreasonably to interfere with the proper operation of Grantee's facilities and service. Whenever the City or ACHD, whichever is applicable, shall pave or repave any street or shall change the grade or line of anq street or public place or shall construct or reconstruct anq conduit, water ma.in, sewer or water connection or other city public works or city utility, it shall be the duty of the Grantee when so ordered by the City or ACFID, whichever is applicable, to change its mains, services and other property in the streets or public places at its own expense so as to conform to the established grade or line of such street or public place and so as not to interfere with the conduits, sewers and other mains of the City as constructed or reconstructed; however, the Grantee shall not be required to relocate pipes, mains and appurtenances when the street, alley or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to the public improvement, unless the reasonable cost of such relocation and the loss and expenses resulting therefrom is first paid to Grantee. Whenever the City or ACAD, whichever is applicable, grants a permit for an excavation in a street, alley or other public ground and the work contemplated by the permit ma.y expose gas pipes, ma.ins and appurtenances of the Grantee, the City or ACHD, whichever is applicable, shall promptly furnish a copy of the permit to Grantee. SECTION 3. GRANTEE SUBJECT TO ALL POWERS OF CITY RULES GOVERNING REPAIR AND RECONSTRUCTION OF STREETS The exercise of privileges herein granted shall be sub~ect at all times to all of the powers of the City and all regulatory ordinances adopted pursuant thereto. The Grantee shall not unnecessarilq or un- reasonablq obstruct the use of or dama.ge any street or alley, and shall within a reasonable time and as early as practicable upon completion of any construction or repair work, restore all city streets and alleys to the same order and condition as they were before the excavation was made insofar as reasonably possible. The Grantee shall maintain, repair and keep in good condition for a period of one year all portions of street and alleys disturbed by it or its agents. The Grantee shall be responsible for any obstruction in any street, alley or other public place caused by it in the operation and maintenance of its properties occurring at anytimes and shall promptly remove such obstruction. Any such obstruction which, after proper notice to Grantee demanding removal is not promptly removed by the Grantee may be taken care of bq the City and the costs thereof shall be charged against Grantee and may be enforced as a lien upon~any of its. properties or assets. ORDINANCE - 2 • • SECTION 4. TERM OF FRANCHISE AND GRANT The right, authority and grant herein and hereby made to said Grantee, its successor and assigns, is granted for, and limited in time to, a period of forty (40) years from January 8, 1987, through and including January 8, 2027. SECTION 5. CITY RIGAT TO INSPECTION OF GRANTEE'S PLANS, ACCOUNTS AND BOORS - GRANTEE TO FURNISH CERTAIN MAPS The City shall have access at all reasonable hours to all of the Grantee's plans, contracts and engineering, accounting, finance, statis- tical, customer and service records relating to the property and operations of Grantee within the City. The Grantee shall, upon request, furnish the City with a complete set of maps, including plans and profile of the distribution system of the Grantee and any future extensions. SECTION 6. PAYMENT TO CITY AND FILING OF ANNUAL WRITTEN REPORT WITH THE CITY As consideration for this franchise and grant said Grantee, its successora and assigns, during the franchise period, shall pay to the City three percent (3%) of the gross annual receipts received from all sales of gas within the corporate limits of the City through use, operation or possession of this franchise and grant. Such annual payments shall be in lieu of anq and all other fees, charges, licenses or taxes (other than ad valorem taxes) which the City may impose for the rights and privileges herein granted or for the privilege of doing business within the City. The Grantee shall file by March 31 of each year with the City a report f or the preceding calendar year, verif ied 'by the af f idavit of the general ma.nager, auditor, treasurer, or assistant treasurer of said Grantee, which report shall contain a statement in such form and detail as shall from time to time be prescribed by the City, of all the gross receipts arising from all sales of gas by said Grantee within the City for the calendar year preceding such report, and at the same time the Grantee shall pay to the City the stipulated percentage of the gross annual receipts due for the year for which said report is made and filed. ORDINANCE - 3 • • • SECTION 7. GRANTEE LIABILITY - INDENINIFICATION It is expressly understood and agreed bq and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained bq the City on account of any suit, 3udgment, executioa, claim or demand whatsoever, resulting from negligence on the part of the Grantee in . the construction, operation or maintenance of its gas system in the City. The City shall notify the Grantee's representative in the City within ten (10) days after the presentation of any claim or demand, either bq suit or otherwise, made against the City on account of any negligence as aforesaid on the part of the Grantee. ' SECTION 8. INSURANCE Upon acceptance of this franchise by Grantee and before Grantee shall have any rights hereunder, Grantee shall file with the City Clerk a certi- ficate evidencing the insurance of the Grantee against property damage in an amount not less than $500,000.00 and bodily in~ury with limits of ~not less than $500,000.00 per person and $1,000,000.00 total for each occurrence. Provided, however, the minimum limits of insurance as set forth herein shall be automa.tically increased at any time the liability limits of the City are increased pursuant to the Idaho Tort Claims Act (Idaho Code Section 6-901 et. seq.) or any similar legislation. SECTION 9. SAFETY REGULATION COMPLIANCE Grantee shall comply with and conform to all safety regulations promulgated by the City or anq regulatory body having 3urisdiction thereof. SECTION 10. AGREEMENT NOT TO COMPETE - RESERVE TO CITY POWER OF EMINENT DOMAIN In consideration of Grantee's undertaking hereunder as evidenced by its acceptance hereof the City agrees not to engage in the business of distributing and selling gas during the life of this franchise or any extension thereof in competition with the Grantee, its successor and assigns; but nothing herein contained shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of the State of Idaho. ORDINANCE - 4 °, • • SECTION 11. SURRENDER OF FRANCHISE In the event natural gas at any time shall cease to be available to Grantee for the distribution and sale hereunder, Grantee reserves the right to surrender this franchise and in the event of such surrender prior to any expiration or termination of this franchise, or in any of such events, Grantee reservea the right to salvage all of its plant,works and facili- ties, and will restore Citq's streets and alleys damaged bq such salvage operation. SECTION 12. WRITTEN ACCEPTANCE The Grantee shall within thirty (30) days after the passage and publication of this ordinance file with the City Clerk its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. SECTION 13. SALE, ASSIGNMENT OR LEASE OF FRANCHISE No sale, assignment or lease of this franchise shall be effective until it is approved by the City, provided, however, that nothing herein contained shall be construed as to require consent or to prevent the Grantee of this franchise and grant from including it in a mortgage or trust deed executed for this purpose of obtaining money for corporate objects. SECTION 14. RIGHT TO ADDITIONAL PAYMENTS TO CITY In the event the Grantee shall pay any other City any greater atipulated percentage than hereinbefore provided, then in such event, the City shall have the right of requiring Grantee to pay for the same period of time such higher percentage so paid to such other City. SECTION 15. PUBLICATION COSTS The Grantee shall assume the cost of publication of this franchise as such publication ia required by law. SECTION 16. GAS STORAGE The Grantee shall not construct, erect or use any gas storage facili- ties in or within three (3) miles of the Citq without first obtaining the written consent of the City to the erection, construction and use of such gas storage facilities. ORDINANCE - 5 ' •o ~ f • • • o` SECTION 17. FORFEITURE Anq violation by the Grantee, its vendee, lessee or successors of the provisions of this ordinance, franchise and grant or any ma,terial portions thereof or the failure promptly to perform any of the provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder by the City after sixty (60) days written aotice to the Grantee and the continuance of such violation, failure or default; however, this provision shall not prevent the Grantee from submitting such question of forfeiture to proper court determination. SECTION 18. SEPARABILITY If any part or parts of this ordinance shall be ad~udged by. the courts to be unconstitutional or invalid, the same shall not affect the validity of any other part or parts hereof which can be given effect without the part or parts ad~udged to be unconstitutional or invalid. The City de- clares that it would have passed the remaining parts of this ordinance if it had been known that such other part or parts thereof would be declared unconstitutional or invalid. SECTION 19. REPEAL All ordinances and parts of ordinances of City in conflict herewith shall be, and the same are hereby repealed. SECTION 20. EFFECTIVE DATE WHEREAS, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall take effect and shall be in full force and effect from and after its passage, approval and publication, as required by law. ~ PASSED BY THE CITY COUNCIL , 1986 PASSID BY THE MAYOR , 1986 (SEAL) ATTEST: City Clerk ORDINANCE - 6 .. ~~~ ~~ ~ ~ ~, ~ ~~ ~ ~ 1 r ~' ~,/ ~ ~ . ~/ ~ ~~~9 ~ ~ ~ e ~ ~-~r ~ ~- / ~ / ~~~ ~ / 3-2001: DEFINITION PAWNBROKER: Every person, firm, partnership, association or corporation who makes it a business, or conducts or operates a business, to take or receive, by way of pledge, pawn, exchange or hypothecation, any goods, wares, or merchandies, or any kind of personal property whatever, as security for the repayment of money lent thereon, including the payment of interest on the money lent, or who makes it a business of receiving or purchasing personal property or other valuables for the purpose of selling the same back again at a stipulated price; or makes it a business of lending money secured by a chattel mortgage, UCC financing statement or personal property while keeping possesion of the item of property placed as security; for all intents and purposes under this Chapter is hereby defined as a pawnbroker and shall be governed by the terms of this Chapter. 3-2002: APPLICATION: This Chapter shall be applicable to the principals of any entity performing any activity regulated by this Chapter and to their agents and employees. Every pawnbroker regulated hereunder shall be liable for all the penalties provided herein for violation of any provision of this Chapter, whether such violation be committed by himself or his agent, clerk or employee. 3-2003: LICENSE REQUIRED; APPLICATION; AND PROCEDURE (A) It shall be unlawful for any person, firm, partnership, association or corporation to engage in the business of a pawnbroker unless a valid license therefor has been issued as herein provided and said license is in full force and effect. (B) An application for such license shall be made to the City Clerk in such form and manner as the City Ckerk may prescribe. Such application shall include, but not necessarily be limited to, the following information: 1. The name and address of the applicant, and if a partnership, the names and addresses of each partner, and if a corporation or association, the names and addresses of the principal stockholders, • • and the name and residence of the operating manager of the business. 2. Whether the applicant has had a similar license revoked by the City of Meridian or any other city in this State or of the United States or any State of the United States within the past five (5) years. 3. Whether the applicant or any principal or partner has been convicted of any felony or misdemeanor, other than minor traffic violations, the nature of the offense, and the date, and the punishment or penaalty assessed therefor. 4. The name and address of each employee of the business and whether that employee has been convicted of any felony or misdemeanaors, other than minor traffic violations, the nature of the offense, and the date, and the punishment or penalty assessed therefore; that upon change of employees the above information shall be forwarded to the City Clerk 10 days after the hiring of a new employee. (C) Upon receipt of any application for a license, the City Clerk shall cause an investigation to be made of the applicant or applicants. Also, upon receipt of the name of a new employee, the City Clerk shall cause an investigation to be made of the employee. Such investigation shall be completed with thirty (30) days. (D) No person or entity shall be issued a license to engage in the business of a pawnbroker when that person: 1. Is under the age of eighteen (18) years; 2. Is not a bona fide owner of such business; 3. Has had a similar license revoked by this City or any other city of this State or of the United States within five (5) years immediately preceding the date of the filing of the application; 4. Has been convicted of any felon , or has been convicted of any other crime, whethe~ felony or misdemeanor, involving moral turpitude within the five t5) years immediately preceding the date of the filing of the application; • • 5. Has misrepresented or made a false or fraudulent statement of material or relevant facts contained in the application; or 6. Aas engaged in a f raudulent transaction or enterprise. (E) An affirmative showing with respect to the qualifications herein specified shall be required to be made with respect to each applicant, and to each partner of a partnership applicant and to each officer, director or member of the governing board of a corporation or association and with regard to each employee. (F) Upon completion of the investigation, the City Clerk, shall issue, subject to Meridian City Council approval, and approval of the Chief of Police, and upon payment of prescribed license fee, a license which shall expire at the end of the calendar year, unless sooner revoked or surrendered. (G) The City Clerk shall notify the applicant if his license is disapproved, the reasons therefor and advise him of the appeal procedure. (H) Licenses shall not be transferable, either as to person or place. The license issued hereunder shall be posted conspicuously in each place of business named therein. 3-2004: LICENSE FEE. The City Clerk shall collect before the issuance of any license or renewal thereof, an annual license fee of One Hundred Dollars ($100.00). 3-2005: RECORDS: Every pawnbroker shall keep a record of every article pledged with him, or sold to him or received by him, and this record shall be open to the inspection of any police officer at any time during the hours of the pawnbroker's business. Such record shall be upon the form as may be required by the Chief of Police and shall provide the following information: (A) Name of pawnbroker; (B) Name, address, date of birth, sex, height, weight and social security number of pledger or seller; (C) The date of the transaction, the article pledged or sold together with its description including the make, model number, serial number, or if such number does not • • exist, such other type of identification such as color, size, identifying marks, as well as the amount of the loan. An individual copy of such record shall be made for each article pawned. (D) The pledgor or seller's motor vehicle operator's license number or ldaho I.D. or military I.D. and the state of issue. (E) Signatures by both pawnbroker and pledger or seller. (F) All forms must be filled out in legible manner, and shall be filled out by the broker or his agent (employee). (G) Every record shall be executed by the pawnbroker and the pledger or seller at the time the transaction occurs. The pawnbroker shall compare the signature upon the transaction record with the signature on the seller's identification. All pawnbrokers reports shall be made in triplicate, one (1) to be retained by the pawnbroker and (2) copies to be available to the Police Department upon request. The record required to be maintained shall be retained for a period of one year after the date of the transaction. 3-2006: MINORS AND INTOXICATED PERSONS: No pawnbroker shall: (A) Buy items of value from or loan money on property to any person under 18 years of age. This provision shall not prevent sales to any person regardless of age. (B) Have any business dealings as a pawnbroker with a person who is under the influence of alcoholic beverages or drugs such that it impairs his business judgment. 3-2007: SALES: No personal property purchased by a pawnbroker at his place of business shall be sold or removed f rom such place of business for a period of at least seven (7) days after being so purchased without written consent of the Chief of Police. Excluded f rom this restriction are transactions in gold and silver bullion or coins. 3-2008: FORFEITURES: Every pawnbroker shall allow a period of thirty (30) days for a pledgor to repay the loan before the property pledged shall become forfeitable. Upon payment by the pledgor of the service charge incurred • • in connection with the loan for the first thirty (30) days, the pawnbroker shall automatically extend the loan repayment period another thirty (30) days. 3-2009: SOURS OF OPERATION: Legal hours for pawnbrokers, as herein defined, may be between the hours.of 7:00 am and 10:00 pm each day unless special permission is obtained from the Chief of Police. 3-2010: REPORTS OF CHIEF OF POLICE: The Chief of Police or other officers of the Meridian Police Department may, at their discretion, require a written report of said business transactions, and during the business hours of every day may conduct a personal examination of any articles pledged or sold or..inspect the books or records of such pawnbroker showing the articles or things purchased or pawned. 3-2011: NOTICE FROM POLICE DEPARTMENT: Whenever the Chief of Police or any member of the Police Department shall notify any pawnbroker in writing not to sell any property deposited or purchased by him or permit the same to be redeemed, such property shall not be sold or permitted to be redeemed for a period of sixty (60) days from the date of such notice, but such notice may be renewed by written request for an additional sixty (60) day period or periods. Further, a notice may be terminated at any time in writing by the Chief of Police. 3-2012: STOLEN PROPERTY; RETURN TO THE TRUE OWNER: tA) Any article pledged or sold to a pawnbroker which is subsequently determined by a law enforcement agency to have been stolen shall be transferred to the custody of such agency upon the agency's written request, or, at the direction of the agency, shall be returned by the pawnbroker to the true owner. The true owner shall not be liable to the pawnbroker for any amounts expended by the pawnbroker with respect to an article deemed stolen. The pawnbroker shall not be required to return stolen property to the true owner until: 1. He receives written notice from the law enforce- ment agency authorizing the release of the property to the true owner and specifying the name, address and Social Security number of the true owner; 2. The true owner, in person, requests the return of the property, executes a receipt therefore, and • ~ J presents proper identification showing his name, address, Social Security number and signature. 3. If a disagreement exists concerning the ownership of property, the item shall be held by the Meridian Police Department for 30 days in order to allow the pawnbroker to seek judicial determination of ownership. If such action is not filed within 30 days, the item will be returned by the Meridian Police Department to the recorded owner. (B) Upon the return of stolen property to the true owner either by the pawnbroker or law enforcement agency, the pawnbroker shall complete such documentation as may be necessary or required to effect the transfer of the property including such documents pertaining to the registration of firearms as may be required by local, State or Federal authorities. Upon return of an item of property to a true owner, said owner shall agree in writing to pursue a course of criminal prosecution which could result in restitution for any victimized party. 3-2013: APPEAL FROM DENIAL OF LICENSE: Within five (5) days, excluding weekends and legal holidays, f rom refusal of the City Clerk to issue or renew a license under this Chapter, the applicant for a license may appeal to the City Council for the purpose of having the City Council review the action of the City Clerk. The appeal by the licensee or the applicant whose license has been refused must be in writing and shall set forth the reason why such license should not be refused. The City Council shall hear the appea (30) days, excluding weekends and legal the filing thereof, and shall render its twenty (20) days, excluding weekends and after said hearing. The decision of the City Council may be appealed to the District Court pursuant to the Idaho Procedures Act. 1 within thirty holidays, after decision within legal holidays, majority of the Fourth Judicial Administrative 3-2014: REVOCATION OR SUSPENSION OF LICENSE: The City Council shall have the power to revoke or suspend any license granted in accordance with this Chapter for any of the following causes: • • (A) Fraud, misrepresentation or false statement contained in the application for license; (B) Fraud, misrepresentation or false statement made in the course of carrying on the business of a pawnbroker; (C) Any other violation of this Chapter; or (D) The hiring of any person who has been convicted of a felony, or has been convicted of any other crime, whether felony or misdemeanor, involving moral turpitude within the fine (5) years iaunediatley preceding the date of being employed; (E) Conviction of any felong or misdemeanor involving fraud, theft, dishonesty or receiving or possessing stolen property, or any other crime involving moral turpitude. (F) Failure to pay any tax levied by the Idaho State Tax Commission pursuant to Idaho Code , Section 63-2313. Prior to any revocation or suspension, the licensee shall be granted the opportunity for a public hearing before the City Council, which hearing shall be held not later than twenty (20) days after written notice to the licensee of intent to revoke or suspend. Such notice shall specify the date, time and place of hearing and shall state the proposed basis for the suspension or revocation, and shall be delivered to the licensee personally or mailed to the licensee at the address set forth in the license application. If, after such public hearing, the City Council determines that one or more of the grounds for revocation exists, it may revoke the license. The decision of the City Council may be appealed to the Fourth Judicial District Court pursuant to the Idaho Administrative Procedures Act. 3-2015: VIOLATIONS: (A) It shall be unlawful for any pawnbroker or any clerk, agent, employee of a pawnbroker to: 1. Acquire, by purchase, trade, exchange or otherwise, goods bearing evidence of a serial number which has been tampered with or scratched or obliterated in any matter unless such person immediately contacts the Meridian Police Department; , • • 2. Accept, buy or exchange any articles prior to examining the identifying credentials of the person selling or exchanging said articles; 3. Fail to maintain the records required under Section 3-2005, or fail to maintain such record as to any item of which record is required to be maintained under Section 3-2005, or fail to make an entry of any material matter in the record of any transaction; 4. Make any false entry in the record required by Section 3-2005; 5. Obliterate or destroy the record required by Section 3-2005; provided, however, that such records may be destroyed at the expiration of the one-year retention period prescribed in Section 3-2005; 6. Refuse to allow any law enforcement officer to inspect the record required by Section 3-2005 or any articles in his possession during normal business hours; 7. Report any material matter falsely to a law enforcement officer; 8. Acquire by purchase, trade, exchange or otherwise, any articles from any person under eighteen (18) years of age, without the express written consent of his or her parent or guardian or unless said minor is the head of a family; or 9. Fail to report forthwith to the Meridian City Police Department the receipt of any property which the pawnbroker has good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when and the name of the person from whom the property was received. 10. Hire or employe any person who has been convicted of any felony, or has been convicted of any other crime, whether felony or misdemeanor, involving moral turpitude within the five (5) years immediately preceding the date of the filing of the application; (B) It shall be unlawful for any person to use a false name, a fictitious address, or any address other than . ! • • the true address, or to furnish any false, untrue or misleading information or statement relating to the information required by Section 3-2005. (C) It shall be unlawful for any person to pledge or sell any goods, chattels or effects, or any personal ___ property leased or let to him by any instrument in writing under a contract or purchase not yet fulfilled. 3-2016: PENALITIES: Any person violating any of the provisions of this Chapter shall be guilty of a misdeameanor and upon conviction thereof, shall be punished by a fine of not more than three hundred dollars ($300.00), or by imprisonment in the County jail for not more than thirty (30) days, or by both such fine and imprisonment for each violation.