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:
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•
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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:
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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)
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~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
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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
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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;
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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
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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
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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
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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:
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(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;
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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
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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.