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1979 12-03 Af;EN DA Meridian City Council December 3, 1979 ITEM: Minutes of previous meeting approved as read. 1. Stonehouse, Merle, Updike and LDS Annexation - Cherry Ln. & Ten Mile Rd. TABLED 2. Jerry Barr - Physical Fitness Center - Pine & Linder - APPROVED change of use to Service fommercial and granting of a Variance, subject to Fire and Life Safety Codes. 3. Rick Orton - Inspection of C„perry Lane golf Course. DENIED to have Orton finish the report grid turn it over to one of his associates. 4. ACHD letter - Request by Country Terrace Subdivision fora right-of-way exchange. 5. Area of Impact Agreement and Map - set public hearing for January 8, 1980 at 8:00 P.M. at the Meridian Primary School. 6. Motion to pay bills. APPROVED. 7. Engineering Report: Motion to pay Nelson-Deppe for the park $27,965.00 less 10% retainane. APPROVED. Motion to have J-II-B print 50 books of Standard Sewer and Water Specifications and Drawings and that the City charge $8.00 per book. APPROVED. P1otion not to pay $1,627.50 for Sewer Rehabilitation repairs to Rodding Cleaning. APPROVED. 8. Discussion. 9. Ordinance P1o. 356 - Penalties for failure to pay sewer charges. APPROVED. (Meridian City Hall Meeting called to order by Mayor Joseph Glaisyer at 7:30 P.M. Councilmen present: Richard Williams, Marvin Bodine, Grant Kingsford, Bill Brewer. 3, 1979 Others present: Bruce Stuart, Earl Ward, Vern Schoen, Gary Smith, Rex Harrison, Roger Sherwin, Roger Welker, Ray Sotero, Richard Orton, Marilyn Olmstead, Kent Barney, Jim Fuller, Bob Mitich, Jim Gratiot, John R. Spencer, Jeff V. Kerry, Jerry Barr, Wayne Crookston. The Motion was made by Williams and seconded by Kingsford to aparove the minutes of the previousmeeting as read. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. Agenda 1 Stonehouse, Merle, Updike and LDS Annexation - located at Cherry Lane and Ten Mile Rd. Rex Harrison presented a letter dated November 29, 1979 covering history of the proposal to annex. The City Council tabled February 21, 1978 because they would not allow annexations until the comprehensive plan was completed. The Planning and Zoning approved annexation on November 13, 1978 subject to them being hooked up to City sewer and water. Then on December 4, 1978 the Council tabled because the Planning and Zoning Ordinance hadn't been adopted. Harrison bought the property from Lester Updike. He wanted the proposal for annexation to be taken from the table and again be considered for annexation. Harrison contacted Stonehouse and LDS about annexation and they are agreeable. The church's have no plans to build soon. Their properties were bought for future church sites. Harrison wished to zone his 1 1/2 acre property for R-4 residential and temporarily use a septic tank and well until sewer and water are available. Williams stated sewer and water is available for any developer. Harrison stated, if the developer laid lines to present sewer and water lines. The Mayor stated that the City has a policy that City sewer and water lines be provided to annexed property. There has been a problem with septic tanks and wells being switched over to City sewer and water when annexed. The City will not annex unless services are available at this time. Kingsford stated that even those who are not ready to build yet, must lay lines past their property to trunk line on Ten Mile Rd before annexation. The P1ayor stated that was the case unless they waited to develop when the lines are put in sometime in the future. Williams stated the City would not allow development until the lines were completed. Kingsford asked Harrison if he had checked with the Central District Health Depart- ment on allowing septic tanks. Harrison stated that they will allow a septic tank when the nearest line is over 300 ft. away, which this property is. Harrison would be willing to go on City sewer and water. The property is surrounded by the City limits, therefore, it is logical that the City take it in. The LDS and Stonehouse wouldn't be prepared to pay for sewer and water because they do not plan to build in the near future. Harrison's land is landlocked and cannot hook up without .the others doing likewise. This is the reason he requests a temporary septic tank. Bodine stated that the City has always kept everything on the City sewer and water. Boise has had problems when they allowed temporary septic tanks, then switching over to City service. Harrison stated the LDS Seminary had a septic tank and that they put in dry lines until sewer and water was available. This shows it is not unprecedented. The applicants will do whatever the City would like them to do for annexation. None of the owners can do anything with their properties until annexed. Williams recommended that the proposal remain tabled. Kingsford stated he would not be opposed to annexation if they put in sewer and water and remain with the City's precedent. To do that, all of the applicants need to get together and hook up to City service. This is an enclave that should he straightened out. Meridian City Hall .2. December 3, 1979 The Motion was made by Williams and seconded by Kingsford to leave the Stonehouse, Updike, Merle and LDS Annexation on the table. Plotion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. Agenda 2 Jerry Barr Physical Fitness Center Jerry Barr was present, representing the Sports Center located at Linder and Pine St. facing Linder. This is not a spa, it is a sports center for people starting with the age of five years on up. There will be different types of sports; boxing, judo, wrestling, and weightlifing. Later there will be more of a family oriented program with a pool. There is already the existing building and a vacant lot for parking. It will basically be Service lJse. Williams stated that it is now Light Tndustrial Use. The building would need extensive remodeling to meet codes. Barr stated that there is a built in sprinkling system. Williams stated that there is more than that to meeting codes. Barr stated that the maximum people in the building at one time, would be about 40. It has two entrances, 3 ft. wide in front and two garage entrances in the back. The Mayor stated that if they would meet the codes, it would be a good project. Bodine stated that he would like the fire and building departments to look into the meeting of codes. The Motion was made by Kingsford and seconded by Bodine to accept the change of use to Service Commercial and to grant a Variance for the Physical Fitness Center, subject to Fire and Life Safety Codes. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. Williams stated that there should be a design review and landscaping on narking. Agenda 3 Rick Orton - Inspection of Cherry Lane Golf Course to determine the adequacy of design and construction.by Orton was discussed at a previous Council meeting and decision was postponed. At the following meeting the City Attorney advised that the City needed a letter or contract from Rick Orton before making any decisions. The City received the letter from Orton and forwarded it to the City Attorney for review. The letter specifically stated that Orton would not begin any work until he was notified in writing by the Mayor of approval to begin such work. The lessees of the golf course were going to drain the system before the attorney had a chance to review the letter completely, which the attorney had asked Orton to make. Orton went out to do the field work and had it filed and documented properly in his office. Now the question has come up that perhaps because Orton will be sitting on the Council in 1980, there might be a conflict and that maybe another consulting firm should take over. Orton's testimony might be weakened later on because of his sitting on the Council. One of Orton's associates could perform the report and be available for testimony. If it will provide additional strength to the posistion later, there are others who could take this over. Orton stated that in his unqualified opinion, this is the worst case of design and construction in public works that he had ever seen in his career. The deficiencies are significant enough that action should be taken as soon as possible. If there is some legal objections or conflict with Orton's testimony, he suggests having someone else take over. The Mayor stated that Orton was not authorized to initiate the work. The City should not get involved and take sides. Bodine stated that Orton is closest to the report, but the City is not any closer than when the review began. Orton can turn this over to one of his associates so there would be no conflict. Wayne Crookston, City Attorney, stated that there was no conflict at this time. When Orton is on the Council, his testimony would not carry as much weight because it would seem self serving on the City's part. It would be better for someone else to take over. Bodine stated that even if someone else in Orton's firm took it over,. it still would not have much bearing. Orton stated that it could be put into completely independent hands. Meridian City Hall .3. December 3, 1979 Williams stated that unless the City hires someone from the PGA or the USGA to critique and inspect the golf course management, the City is still looking at a one sided situation. After Leavitt-NuPacific giving us a $400,000.00 golf course and the City giving it back, it is stating that it is a worthless project. Something needs to be done to resolve this. Unless we get people on the outside to review this matter, we should not proceed. Bodine stated that no one could do any better with the project with all the problems that have arisen. The Mayor stated that it's up to the Lovans to do the review. If it's going to be used in court, it is not up to the City to make it. If the Lovans leave it to the City, the City will deed it back to Leavitt because the City doesn't have the money. In the City's agreement with Leavitt, due to a default the City can deed it back to Leavitt. Brewer stated that no matter how good an Engineer Orton is, anything coming from a self serving entity will not satisfy both sides. The City could have the Pf.,A or the USGA report on this and still not satisfy the Lovans. If this matter cannot be resolved, the City should give it back to Leavitt. Bodine stated that the golf course looks excellent for the first year. The Mayor stated that if the City is going to pay Tudor Engineering for the report, it should also hire a golf course architect to give another side. The City does not have the money. It should be up to the Leavitts and the Lovans. Bodine stated that there has been alot of work and money put into this. The Lovans didn't know, when they leased the golf course, what kind of shape it would be in, but they anticipated it would be a good golf course. If it had sprinklers, it would be a good one. Orton stated that he was not qualified to report on the maintenance and operation and that he only reported on the design and construction. Kingsford asked if they wanted the maintenance and operation on record also. Marilyn Olmstead stated that the request was to have a second party come out to see if it is a maintainable course and a good design, or if ithan impossible course to maintain because of the design. Kingsford asked if Olmstead felt that Orton would be objective. Olmstead stated that she felt Orton would arrive at his own conclusions. Kingsford stated that it should be farmed out as Orton suggested. Orton stated it would cost about $1,500.00 to put his findings in report form and deliver it to the Council. Bodine stated that the City was informed of what it should get out of the report and it hasn't gotten that, not condemning J-U-B, Olmstead stated that Orton could only compare the plans made for the golf course. He could not compare with other designs in mind because the land could be given to any golf course architect anywhere and they would come up with different designs. All he could do is compare it to the designs on file. Orton will make an honest report. The Motion was made by Bodine and seconded by Kingsford to have Orton finish: the report and then turn it over<to.one of his associates. Motion Denied: Brewer, nay, Williams, nay, Bodine, yea, Kingsford, yea. The Mayor made the deciding vote, nay. i • Meridian Cit Hall .4. December 3, 1979 Agenda 4 There was a discussion on the Ada County Highway District letter dated November 26, 1979 on the right-of-way exchange r equested by the developers of Country Terrace Subdiv ision. City Engineer, Gary Smith., hadn't checked the legal description. Agenda 5 Area of Impact .Agreement and map. It is a one year contract renewable upon written conformation by either Boise or Peridian. The f4otion was made by Williams and seconded by Bodine to have a public hearing for the Area of Impact Agreement and map on January 8, 1980 at 8:00 P.M. at the Meridian Primary School. Motion Carried Agenda 6 The bills were read: 4lilliams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. Voucher Date Purpose Amount 15976 11-30-74 Farmers and Merchants 50,000.00 15977 11-30-79 Newark Electronics 46.18 15978 11-30-79 U.S. Post Office Postage 58.00 16081 11-30-79 Idaho First National Bank - City of Meridian 22,034.55 16089 11-30-79 Leona Egbert Election 20.00 16090 11-30-79 Monta Watts Election 20.00 16041 11-30-79 Hazel Goodwing Election 20.00 16092 11-30-79 Florance Nall Election 20.00 16093 11-30-79 Helen Gibson Election 20.00 16094 11-30-79 Lova June Pack Election 20.00 16095 11-30-79 Maxine Lindstrom Election 20.00 16096 11-30-79 Ann. Blaine Election 20.00 16097 11-30-79 Blanche Chipman Election 20.00 16098 11-30-79 Audett H. Brown Election 20.00 16094 11-30-79 Boise State University/Water-Wastewater Dept. 60.00 16100 11-30-79 Idaho First National Bank 10,727.81 16101 11-30-79 Ernest Wood 11.50 16102 11-30-79 Circle K 80.83 16103 11-30-79 Sumner Johnson Engineer 1.00 16104 11-30-79 Joseph L. Glaisyer h?ayor 536.22 16105 11-30-79 Plarvin Bodine Councilman 89.37 16106 11-30-79 Bill G. Brewer Councilman 89.37 16107 11-30-79 Grant P. Kingsford Councilman 89.37 16108 11-30-79 Richard G. 4Jilliams Councilman 89.37 16109 11-30-79 LaWana L. Niemann City Clerk 883.20 16110 11-30-79 Mary Jane Breshears Clerk Typist 533.37 16111 11-30-79 Tamera Perkins Clerk Typist 433.52 16112 11-30-79 Judy Ann Byers Clerk Typist 398.95 16113 11-30-79 Lynette Peters Clerk Typist 197.60 16114 11-30-79 John 0. Fitzgerald .Attorney 148.89 16115 11-30-79 Jean. M. Moore Clerk Typist 537.06 16116 11-30-79 Rick L. Richardson Police 844.52 16117 11-30-79 PJorman Woody Williams Police 937.61 16118 11-30-79 Kevin Dale Robertson Police 797.12 16119 11-30-79 Terry Lynn Tipton Police 817.73 16120 11-30-79 P1ark S. Shaver Police 657.70 16121 11-30-79 Gene N. Trakel Police 754.02 16122 11-30-79 John Glen Jones Police 786.05 16123 11-30-79 Richard Doug Nichols Police 757.87 16124 11-30-79 Jasper Harmon Police 19.71 16125 11-30-79 Charles Younger Police 23.00 16126 11-30-79 Dennis James Estes Police 23.00 16127 11-30-79 Richard P. Donahue Dog Catcher 530.33 16128 11-30-79 Roger Sherwin Police Chief 1,024.82 16129 11-30-79 Roger L. Welker Fire Chief 199.06 16130 11-30-79 Raymond Lee Voss Fire Marshall 756.43 16131 11-30-79 Bruce D. Stuart Works 995.33 16132 11-30-79 Dewey Richard Davis Works 751.88 .5. Decembe Voucher Date Purpose Amount 11-30-79 Tim R. Greeson Works 672.25 11-30-79 Mark Louis Aguirre Works 377.28 11-30-79 Carol Long Schultz Clerk Typist 318.69 11-30-79 Ann M. Kiebert Treasurer 729.92 11-30-79 Lana Sue Roberts Clerk Typist 483.80 11-30-79 Pamela Kay Johnston Clerk Typist 438.73 11-30-79 Elaine Town Clerk Typist 338.49 11-30-79 John Earl Ward Waste 4later 1,107.36 11-30-79 Robert Keith Boyd Plaste Water 381.90 11-30-79 Frederick Harry Putzier Waste 4later 662.57 11-30-79 Dan D. Grogg 4Jaste Water 201.07 11-30-79 Kris K. Jennison Waste Water 567.97 11-30-79 Robert L. Parsons, Jr. Waste 4later 642.73 11-30-79 Lana Sue Roberts Janitor 200.00 11-30-79 U.S. Postal Office Postage 40.00 11-30-79 Idaho First National Bank/ Water and Sewer Income 36,804.80 11-30-79 U.S. Post Office Postage 220.61 11-30-79 Void 11-30-79 Farmer's and Merchant's State Bank-Fed. Tax Dep. 2,962.10 11-30-79 Uernon Schoen Building 309.50 11-30-79 Public Employee Retirement System of Idaho 3,864.40 11-30-79 Idaho State Tax Commission 678.10 11-30-79 City of Meridian 62.98 11-30-79 Void 11-30-79 Ace Hardware Supplies 13.60 11-30-79 Ada County Environmental Office Service 782.60 11-30-79 Ambrose, Fitzgerald & Crookston Attorney 6,330.00 11-30-79 Association of Idaho Cities 1,544.76 11-30-79 Big 0 Tires of Idaho, Inc. 272.81 11-30-79 Bill's 66 Service 233.34 11-30-79 Bodine Oil 1,201.20 11-30-79 Boise Communications Police 243.55 11-30-79 Boise Office Equipment, Inc. Supplies 38.56 11-30-79 Boise Cascade Building Materials Center Police 8.73 11-30-79 Brewer Pest Control Service 8.50 11-30-79 Void 11-30-79 Central Office Equipment Supplies 138.64 11-30-79 Century Laboratories Service 33.00 11-30-79 City of Meridian 32.45 11-30-79 Consolidated Supply Company Supplies 71.79 11-30-79 Culligan Water Conditioning Service 48.24 11-30-79 Meridian Towing-Cope Auto Repair Service 39.50 11-30-79 Dyna Systems Supplies 5.42 11-30-79 Dyna Systems Supplies 34.75 11-30-79 Datafax Business Equipment Supplies 221.00 11-30-79 F&E Check Protectors & Signers Supplies 150.00 11-30-79 Drake Plumbing & Heating Company Fire 59.09 11-30-79 Farmer Brothers Coffee Supplies 93.05 11-30-79 Garner's Western Auto Service 15.44 11-30-79 Husky Oil Company Supplies 8.90 11-30-79 General Electric Company Supplies 1,618.81 11-30-79 Idaho Department of Labor and Industrial Svcs. Service 24.80 11-30-79 Hoff Building Center Supplies 4.32 11-30-79 Idaho Free Press and The News-Tribune 14.50 11-30-79 Idaho Leather Co. Police 5.00 11-30-79 Idaho Power Service 4,788.31 11-30-79 International Business Machines Supplies 19.50 11-30-79 Idaho Photo 22.63 11-30-79 Idastries Police 315.00 11-30-79 Intermountain Arms Police 9.66 11-30-79 Intermountain Surgical Supply QRII 376.44 11-30-79 International City Management Association Police 26.75 11-30-79 J & D Printing Waste Water 6.00 11-30-79 Kalbus Office Supply Supplies 115.56 11-30-79 Custom Signals, Inc. Police 2,369.00 11-30-79 Lewis & Clark Supplies 119.60 11-30-79 Meridian Drug Center Supplies 18.26 11-30-79 Meridian Ford Sales 349.65 11-30-79 Meridian Glass & Screen Supplies 13.50 Meridian City Hall .6, December 3, 1979 Voucher Date Purpose Amount 16233 11-30-79 Meridian Lock ~ Key 46.67 16234 11-30-79 Mid-American Research Chemical Corp. Waste Water 62.15 16235 11-30-79 Mountain Bell Service 517.82 16236 11-30-79 Modern Printers Police 32.25 16237 11-30-79 National Automobile Dealers 19.00 16238 11-30-79 Ray O'Harron Co., Inc. Police 49.00 16239 11-30-79 Newark Electronics Suoolies 46.18 16240 11-30-79 Paul's Conoco 182.85 16241 11-30-79 Morrison-Knudsen Co., Inc. Fire 68.81 16242 11-30-79 Roto-Rooter Sewer Service Co. Service 190.00 16243 11-30-79 Share Corp. Waste Water 92.70 16244 11-30-79 Sheehan's 4.50 16245 11-30-79 Southworth Discount Stationers Fire 22.17 16246 11-30-79 S & E Auto Parts 320.75 16247 11-30-79 Mark Shaver Police 20.00 16248 11-30-79 Spa r1ing Division-Envirotech C orporation 74.50 16249 11-30-79 Storey Feed and Seed Co. Supplies 48.15 16250 11-30-79 Sundance Dodge, Inc. Police 260.42 16251 11-30-79 State of Idaho-Dept. of Labor and Tndustrial Svcs. 859.95 16252 11-30-79 Syms York Co. Police 418.85 16253 11-30-79 Tates Rentals 36.50 16254 11-30-79 Starline Equipment Company Supplies 696.75 16255 11-30-79 Tel-Car, Inc. 39.75 16256 11-30-79 Territorial. Enforcement Supply Police 108.63 16257 11-30-79 The Idaho Statesman 27.30 16258 11-30-79 Uniformity Plus Police 9..50 16259 11-30-79 Tuck's Gun Shop Police 150.00 16260 11-30-79 Valley News Times 63.06 16261 11-30-79 Valley Stationery Co. Supplies 35.87 16262 11-30-79 Van Gas Supplies 671.58 16263 11-30-79 Water Pollution Control Waste Water 83.00 16264 11-30-79 Water & Waste Water Equipment Company Supplies 446.00 16265 11-30-79 Zamzow's Supplies 10.95 16266 11-30-79 State of Idaho-Dept. of Labor and Inducts. Svcs. 25.00 16267 11-30-79 Colonial Life & Accident Insur ance Company 672.40 16268 11-30-79 Quick Rescue Unit 188.68 16269 11-30-79 Intermountain Gas Company Service 470.15 16270 11-30-79 Bright Advertising Co., Inc. Supplies 275.32 16271 11-30-79 Nelson-Deppe Inc. 6,751.90 16272 11-30-79 Nelson-Deppe Inc, 2,796.50 15273 11-30-79 Nelson-Deppe, Inc. 25,168.50 The Motion was made by Kingsford and seconded by Williams that the bills be paid. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. (Meridian City Hal .7. Agenda 7 Engineering Report Gary Smith, City Engineer, presented the bill for the nark from Nelson-Deppe. They have concrete curb in. The sprinklim system and landscaping are yet to be completed. Weather permitting, they will be able to finish. The City may have to extend their contract time to allow them to finish it in the spring. Contract time is up the latter part of December. As far as extension, the Bureau of Outdoor Recreation must be checked with before we can spend these funds this year or have them carried over next year. .They have submitted $27,965.00 on this partial estimate. Williams asked if this encluded the pavement, Smith answered yes, There needs to be some grading around the gate. Kingsford stated that the restrooms were already being vandalized. Williams stated that there should be a gate to protect them. Smith stated that there should be a 10% retainage to take care of the problems not taken care of yet. The Motion was made by Bodine and seconded by Brewer to pay the bill from Plelson-Deppe for the park $27,965.00 less 10% retainage. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. The Motion was made by Williams and seconded by Bodine to have J-U-B print 50 books of the Standard Sewer and Water Specifications and Drawings and that the City charge $8.00 per book. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. The Motion was made by Kingsford and seconded by Brewer not to pay $1,627.50 for Sewer Rehabilitation repairs to Rodding Cleaning. P1otion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. Agenda 8 Agenda 9 Brewer stated that the Ordinance to keep the City sidewalks clear of snow was not enforced this year. He suggested the use of the local newspaper to have it enforced. Williams suggested a notice in the sewer and water bills. The Mayor stated it was up to the Chamber of Commerce also. Marilyn Olmstead stated that she resented the Cherry Lane Village Golf Course being called the worst case of design and construction in Orton's career of public works projects. It was never a public works project. There was not a sewage treatment or a water works plant. It had no Federal, State or Lity funds involved, it was private. Orton can write a report on the public works project, it has nothing to do with the golf course. Olmstead stated that they had finished the report which will be reviewed by her firm. The Mayor read Ordinance No. 356 entitled: AN ORDINANCE AMENDING TITLE VII, CHAPTER 5, ENTITLED SEWER USE OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, BY PROVIDING ADDITIONAL PENALTIES FOR FAILURE TO PAY SEWER CNARGES, AND AMENDINr, SECTION 7-551 THEREBY. The Motion was made by Williams and seconded by Kingsford that the rules and provisions of 50-9002 and all rules and provisions reouiring that Ordinances be read on three different days, be dispensed with and that Ordinance Number 356, as read be passed and approved. Motion Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer, yea. The.Plotion.was made by Williams and seconded by Brewer that the meeting be adjourned at 8:40 P.M. on.Carried: Williams, yea, Bodine, yea, Kingsford, yea, Brewer ea, Meridian City Hall a. December 3. 1979 i ~ ,, a /~~~~~ Ma i _ .~ i y Clerk ._..... ,.~e:.a~.: ins • ORDINANCE N0. 356 AN ORDINANCE AMENDING TITLE VII, CHAPTER 5, ENTITLES SEWER USE OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, BY PROVIDING ADDITIONAL PENALTIES FOR-FAILURE TO PAY SEWER CHARGES, AND AMENDING SECTION 7-551 THEREBY. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to amend Title VIII, Chapter 5, Section 7-551, to provide additional penalties for the failure of users of the sewer system to pay sewer charges, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Section 7-551 of Title VII, Chapter 5 is hereby amended to read as follows: 7-551 DELINQUENCY NOTICE. If a sewer user has not paid his monthly charges by the tenth of the month, it shall be deemed delinquent. The City shall follow the procedure set forth in 5-133 of the Ordinances of the City of Meridian for termination of water services, and shall cause the water supplied to said sewer user to be turned off from the premises, the City taking notice that, without water, the sewer system bf the user cannot be used and shutting off the water is the only way to prevent the use of the use of the sewer for nonpayment; provided, if the charges are not paid within the ten days after the delinquency notice, an additional penalty of one dollar and fifty cents ($1.50) or fifteen percent (15%) of charges due, whichever is greater, will be added to the account. All delinquent charges or fees, as' provided by this Ordinance, not paid after the final determination of the sewer users' account. shall be imposed as a lien against and upon the property or permises against which such charge or fee is levied or assessed, and the City Clerk shall, at the time of certifying the..City_taxes, certify such delinquencies together with all penalties to the Tax Collector of Ada County, Idaho, and when so certified the same shall be a lien upon the property and will be collectible as other taxes. All monies collected by the City Clerk under the provisions of this Section shall be paid over to the City Treasurer in the same manner as is required for the payment of other City monies. Section 2. WHEREAS, there is an emergency therefor, which emergency is .declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by e Mayor of the City of Meridian, Ada County, Idaho, this 3rd day of December, 1~ ATTEST: ~r~.c~e .,C~'»~z/~A~LY~ ty C1erk cc: AIC ~1 ~~-~9 Sterling Codifiers Minutes i~.,~ ~, ~.,, .. ,