04-1065 AZ Windsong 03-031 (104022058)
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02127/04 09:59 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF 1111111111111111111111111111111111111
Meridian City 104022058
AMOUNT .00
CITY OF MERIDIAN
ORDINANCE NO. 04- lob?'
AN ORDINANCE FlNDlI\G THAT, STUBBLEFIELD CONSTRUCTION COMPANY, INC,
THE O'NNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED APPROXIMATELY
3.00 FEET NORTH OF US TICK ROAD AND APPROXIMATELY GOO FEET WEST OF UI\DER
ROAD, WITHIN SECTION 35, TOWNSHIP 4 NORTH, RANGE I WEST,fVlERIDIAN, [DAHO,
TO BE KNOWN AS WINDSONG SUBDIVISION AND WHICH LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE
OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRlTING TO THE COUNCIL;
AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING
DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8), AND DECLARING
THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A
PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING
ALL ORDINANCßS, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT
HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE
OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF
THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF
THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER
AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO,
PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and adjacent 10
the City of Meridian, Idaho, and that the City of Meridian has received a written request tor
annexation to the City of Meridian, Idaho, by the owners of said Property, to-wit:
ANNEXATION AND ZONING ORDINANCE (AZ-03-03l)
PAGE 1 OF4
WlNDSONG SUBDIVISION
A parcel of land located in the Southeast Y, of the Southeast ï4 of Section 35, TAN., R. I W.,
B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the Southeast comer of said Section 35, from which the v; corner common 10
Section 2 ofT.3N., R.l W., and the said Section 35 bears N0l1h 89°14 '22" West, 2643.36 feet;
thence along the East line of said Section 35 North 00015' 43" East, 658.00 fect; thence North
89° I 7'57" West, 390.00 feet to the REAL POINT OF BEGI'IINNG.
Thence South 00°15'42" West, 535.08 feet to a point on the northerly right~of-way of the
Creason Canal;
Thence along said right-of-way North 73°35 '48" West, 798.72 feet to a point on the East
boundary of Bridget ower Crossing Subdivision No.1, as same is recorded in Book 84 of plats at
Page 9392, records of Ada County, Idaho;
Thence along said boundary and the East boundary of Bridgetower Crossing Subdivision No.
4, as same is recorded in Book - of plats at Page -' records of Ada County, Idaho,
North 00°26'55" East, 981.51 feet to the Southwest corner of Water song Estates, as same is recorded
in Book of plat at Page , records of Ada County, Idaho;
Thence along the southeriy boundary of said subdivision South 89° 12' 15" East, 493.66 feet;
Thence departing said boundary South 00° I 2' 31" West, 661. 81 feet;
Thence South 89°17'57" East, 269.78 feet to the Point of Beginning. Containing 15JJ4 acres,
more or less.
SECTION 2: That the above-described real property be, and the same is hereby annexed alld
made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian
hereinabove described shall be zoned Medium Density Residential District (R-8).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the
City of Meridian in accordance with this ordinance.
SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
ANNEXA TrOi\' AND ZONli\'G ORDINANCE (AZ-O3-031)
PAGE 2 OF 4
SECTION 6: This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including
the lands herein annexed, with the following officials of the County of Ada, State orTdaho. to-wit
the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy 01'
this ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with
Idaho Code §63-22l5 and §50-223.
1-'7~
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of
R~IJ ' 2004.
hROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 17-(!:; day of
I 6~:J' 2004.
~~
MAYOR
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First Reading: 2.--1'7-&1-', ï' '1'QI- '~.o ~
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Adopted after first reading by su~P.R1I.. i,Q.rr.. ~ ~allowed pursuant to Idaho Code 50-
902 Yes: . V""'<i.'-D. !.JNNb~ """
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Second Reading: - . ">,.,,
Third Reading:
ATTEST:
ANNEXATION AND ZONI:'-IG ORDINANCE (AZ-03-03l)
PAGE 3 OF 4
STATE OF 1D:\HO,)
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County of Ada
On this j?¡../< day of :¡'{Jlonulf~ ,2004, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAM Y de WEERD and WILLIAM G. BERG, JR., known
to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the
within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ot1ìcial seal the day
and year fIrst abov",~t!~fI."""",
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ANNEXATION AND ZONING ORDINANCE (AZ-03-031)
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WINDSONG SUDVISION
A PORTION OF THE SBH OF THE SEtH OF SECTION3S
TOWNSHIP 4 NORTH, RANGE 1 WFST, BOISE MERIDIAN
MERIDIAN, ADA COUNTY. IDAHO
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To:
The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State ofIdaho
I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of
Idaho, do hereby certify that the attached copy of Ordinance No. 04-Lt26~, passed by the
City Council of the City of Meridian, on the /7!!: day of ~~o/' 2004, is a trlle and
correct copy of the original of said document which is in the care, custody and colHrol of the City
Clerk of the City of Meridian. \\\\\\1""""""111
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STATE OF IDAHO, )
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County of Ada,
On this 11-fA.dayof 1t'hrlJ.q'"'1 ' in the year ,;2()Ot/ , before me,
~L....;<-e. L. S.....r+~ ,aNotaryPubhc, appeared WILLIAM
G. BERG, JR., known or identified to me to be tbe City Clerk of the City of Meridian, Idaho that
executed the said instrument, and acknowledged to me that he executed the same on behalf of the
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CERTIFICA TION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-03-031
PAGEl OF 1
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO J.c. § 50-901 (A)
CITY OF MERfDlAN ORDINANCE NO. 04-/0G5"
PROVIDING FOR AN ANNEXA nON AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for land owned by
Stubblefield Construction Company, Inc., to be known as Windsong Subdivision,
consisting of 15.04 acres and commonly located approximately 300 feet nOl1h of Us tick
Road and approximately 600 feet west of Linder Road, within Section 35, Township 4
North, Range 1 West, Meridian, Idaho, with a zoning designation ofR-8 Medium
Density Residential District; and providing for effect of invalidity; providing that all
ordinances and resolutions in conflict are repealed and rescinded; and providing an
effective date.
WINDSONG SUBDIVISION
A parcel of land located in the Southeast V. of the Southeast '/., of Section 35,
TAN., R. I W., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the Southeast comer of said Section 35, from which the V. corner
col11l11on to Section 2 ofT.3N., R. I W., and the said Section 35 bears North 89° 14'22"
West, 2643.36 feet; thence along the East line of said Section 35 North 00015' 43" East,
658.00 feet; thence North 89°17'57" West, 390.00 feet to the REAL POINT OF
BEGININNG.
Thence South 00015'42" West, 535.08 feet to a point on the northerly right-of-
way of the Creason Canal;
Thence along said right-of-way North 73035'48" West, 798.72 feet to a point on
the East boundary of Bridgetower Crossing Subdivision No.1, as same is recorded in
Book 84 of plats at Page 9392, records of Ada County, Idaho;
Thence along said boundary and the East boundary of Bridgetower Crossing
Subdivision No.4, as same is recorded in Book - of plats at Page_,
records of Ada County, Idaho, North 00026'55" East, 981.51 feet to the Southwest corner
of Watersong Estates, as same is recorded in Book of plat at Page
records of Ada County, Idaho;
Thence along the southerly boundary of said subdivision South 89°12'15" East,
493.66 feet;
Thence departing said boundary South 00012'31" West, 661.81 feet;
Thence South 89°17'57" East, 269.78 feet to the Point of Beginning. Containing
t 5.04 acres, 1110re or less.
A full text of this ordinance is available for inspection at City Hall, City of
Meri~, 33 East Idah6'. Meridian, Idaho. This ordinance shall become effective on the
/'7~ day of ~ ¡-U~ ,2004. ""'/
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City of Meridian ~ SEAL ~
Mayo:and City Council. \ 1"Q "f?, f
By: Vv 1IIIam G. Berg, Jr., City Clerk ~"?ò v8r 15"1. .f?:$
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First Reading: ¡. -/7-t?4- "111111~JNT'l '\\\'\'~
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Adopted atìer first reading by suspension or-the KU e as allowed pursuant to Idaho Code
50-902: YES~ NO-
Second Readi ng:
Third Reading:
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RECEIVED
FEB 0 3 2004
City Of Meridian
City Clerk Office
WHITT:; PEI'ERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
III
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TEL (208) 466.9272
FAX (20S) 466-4105
PLEASE RI'PLY TO
NAMPA OFFICE
February 2, 2004
William G. Berg, Ir.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re:
Ordinance No. 04- ,(STUBBLEFIELD CONSTRUCTION
COMPANY, INc.) Summary of Publication
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepared a
summarization of the ordinance providing for an annexation and zoning ordinance for Stubbletìeld
Construction Company, Inc, pursuant to the City's action. I do hereby advise the City, and make this
statement, that said summary is true and complete and provides adequate notice to the public of the
provisions of said ordinance,
You are hereby directed to file this statement with the ordinance, pursuant to the
provisions ofIdaho Code § 50-90l(A).
Very truly yours,
Wm. F. Nichols
Enclosure
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RECEIVED
FEB 0 4 2004
City Of Meridian
City Clerk Offi.ce
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEYIK K DINIUS
JUL" KLEIN FISCHER
WM.F.GIGRAY,III
T. Guy HALLAM"
JILL HOLINKA
WILLIAM A. MORROW
WILLIAM F. NICHOLS"
CHRISTOPHER S. NYE
PHILIP A. PETERSON
TODD A. ROSSMAN
TERRENCER. WHITE""
NICHOLAö L. WOLLEN
ATTORNEYS AT LAw
NAMPAOFFICE
5700 E. FRANKLIN RD.,
SUITE'OD
NAMPA, IDAHO 83653-8402
TEL. ('°8)466-9272
FAX (208) 466-,,",OS
"Also admitted in OR
.. Also admitted in
WA
February 2, 2004
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re:
LANDMARK ENGINEERING & PLANNING, INc. FOR WINDSONG SUBDIVISION I
ANNEXATION AND ZONING FINDINGS I AZ ORDINANCE & CERTIFICATION OF CLERK I
SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER I AZ-O3-031
Dear Will:
Please find enclosed the original ofthe FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION
AND ZONING prepared as per instructions from the Council meeting of January 20, 2004, and
which are on an upcoming Council agenda.
Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk
for the annexation and zoning for the City of Meridian. After the Findings ofF act and Conclusions
have been adopted, then please place this ordinance on the City Council agenda. This ordinance
should not be passed until the Findinl!s of Fact and Conclusions of Law and Decision and
Order Grantinl! Application for Rezone are adopted. Additionally, I have enclosed a Summary
Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council
at the same time the full annexation and zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Very truly yours,
Wm. F. Nichols
Z:\Work\M\MeridianlMeridian 15360M\Windsong Sub AZ-O3-OJ i PP-OJ-O37\FFCL and ORD and SUM ORD Clerk Ltr 02 02 04.doo
February 12.2004
MERIDIAN CI1Y COUNCIL MEETING February 17.2004
APPLICANT Landmark Engineering & Planning ITEM NO. ~
REQUEST Ordinance - Request for Annexation and Zoning of 15.04 acres from RUT to R-8 zones
for proposed Windsong Subdivision - west of North Under Road and north of West Ustick Road
AZ 03-031
AGENCY
COMMENTS
CI1Y CLERK:
CI1Y ENGINEER:
CI1Y PLANNING DIRECTOR:
CITY ATTORNEY
See attached Ordinance
CI1Y POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CI1Y WATER DEPT:
CI1Y SEWER DEPT:
CI1Y PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
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SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
Date:
staff Initials:
Materials presented at public meetings shaH become property DIllie CRy 01 Meridian.
Phone:
Meridian City Council
February 17, 2004
Page 24 of 30
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 18.
Ordinance No: AZ 03-030 Request for
Annexation and Zoning of 2.8 acres from R-6 to L-O and CoG zones for
proposed Southern SDrinas Subdivision No.2 by The Land Group, Inc.
- south of East Overland Road and east of South Meridian Road:
De Weerd: Thank you. Okay. Item 18 is Ordinance 04-1 064 for AZ 03-030, Southern
Springs Subdivision No.2. Mr. Clerk, will you, please, read Item 18 by title only.
Berg: Thank you, Madam President, Members of the Council. Ordinance Number 04-
1064 an ordinance finding that Patrick Thatcher and Judy Thatcher, the owners of
certain real property generally located east of the southeast corner of Overland Road
and State Highway 69, Meridian Road, Meridian, Idaho, to be known as the Southern
Springs Subdivision No.2 and which lies contiguous or adjacent to the city limits of the
City of Meridian, County of Ada, State of Idaho, have made a request for annexation in
writing to the Council and that said land be annexed to the City of Meridian and zoning
designated Limited Office District (L-O) and General Retail and Service Commercial (C-
G) and declaring that said land, by proper legal description as described below, be a
part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances,
resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer
to add said property to the official maps of the City of Meridian, Idaho, and directing the
Clerk of the City of Meridian to file a certified copy of the ordinance and map of the
areas to be annexed with the Ada county recorder, auditor, treasurer, and assessor and
the State Tax Commission of the State of Idaho, pursuant to Idaho Code 50-223 and
Section 63-2215.
De Weerd: Thank you, Mr. Clerk. You have heard the reading of Ordinance 04-1065
by title only. Is there anyone who would like to read it -- have it read in its entirety?
Hearing none.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Before we make a motion, could we have Mr. Clerk read Ordinance Number 04-
1065 and we can simply pass them once.
De Weerd: Okay. Mr. Clerk?
Nary: Could we do that, Mr. Nichols?
Bird: It's two different subjects.
Meridian City Counell
February 17, 2004
Page 25 of 30
Nary: So?
Bird: It's a different deal.
De Weerd: He just wants to stir the pot.
Nary: What does it matter? It doesn't matter. We can pass it with one motion.
De Weerd: Well, what is the desire of Council? Would they like Item 19 also read by
title only, so you can make only one motion?
Rountree: That would be fine with me.
Bird: I don't care.
Wardle: Yes.
Item 19.
Ordinance No.: AZ 03-031 Request for
annexation and zoning of 15.04 acres from RUT to R-8 zones for
proposed Windsona Subdivision by Landmark Engineering & Planning,
Inc. - west of North Linder Road and north of West Ustick Road:
De Weerd: Okay. Mr. Clerk, will you, please, read Ordinance 04-1065.
Berg: Madam Mayor, I guess it's just a formality, as long as they all agree to approve
both of them.
De Weerd: Thank you.
Berg: Ordinance Number 04-1065, an Ordinance finding that Stubblefield Construction
Company, Inc., and the owner of certain real property generally located approximately
300 feet north of Ustick Road and approximately 600 feet west of Linder Road, within
Section 36, Township 4 North, Range 1 West, Meridian Idaho, to be known as
Windsong Subdivision and which lies contiguous or adjacent to the city limits of the City
of Meridian, County of Ada, State of Idaho, have made a request for annexation in
writing to the Council and that said land be annexed to the City of Meridian and zoning
designated Medium Density Residential District (R-8) and declaring that said land, by
proper legal description as described below, be a part of the City of Meridian, County of
Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in
conflict herewith, and directing the city engineer to add said property to the official maps
of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a
certified copy of the ordinance and map of the areas to be annexed with the Ada county
recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of
Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215.
Meridian City Council
FabNary 17, 2004
Page 26 of 30
De Weerd: Thank you, Mr. Clerk. You have heard the reading of Item 19 by title only.
Is there anyone who would like to hear it read in its entirety? Hearing none, I would
entertain a motion on both Items 18 and 19.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Before we go into it, everything on this 04-1065 boundary clarification has been
taken care of? Or are we hung out to dry again?
De Weerd: Who would dare tackle that question? Mr. Watson.
Watson: Madam Mayor, on the Windsong Subdivision, no, the boundary dispute has
not been resolved at all, but the revised findings do have the three options that you
approved last week. I think this annexation includes the area that's under contention
right now.
Bird: The findings show the option, but the ordinance doesn't; right?
Watson: Correct.
Bird: That's why --
Watson: The findings on the plat, preliminary plat, do show those options for resolution.
Bird: Okay. Then, I got a question for counsel. What does that affect? Does it affect
the ordinance at all?
Nichols: Madam Mayor, Members of the Council, I don't believe it affects the ordinance
at all. The reason being that it's - you already contemplated that if the boundary
dispute is not adequately resolved, what you end up doing is you may potentially have
to de-annex a sliver of ground that is seven feet in width. You have already
contemplated that, it's already part of the record, it's in the findings with regard to the
preliminary plat approval, but this property on the deeded records is the description
that's before you for the annexation. Therefore, it's okay to go forward.
De Weerd: Thank you, Mr. Nichols. Is there any further questions or discussion?
Hearing none, I would entertain a motion. Mr. Nary
Nary: I'd move the approval of Items 18 and 19, Ordinance Numbers 04-1064, AZ 03-
030 for Southern Springs Subdivision No.2, and Ordinance Number 04-1065 for AZ 03-
031, Windsong Subdivision, pursuant to the ordinance as prepared with waiver of the
reading of the rules pursuant to Idaho Code.
Wardle: Second.
Meridian City Council
February 17, 2004
Page 27 of 30
De Weerd: Okay. It's been moved and seconded to approve both Items 18 and 19, 04-
1064 and 04-1065. Is there any further discussion? Mr. Clerk, will you call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: All AYES
Item 20.
Water, Sewer and Trash Delinquencies:
De Weerd: Thank you. Okay. Item 20 is the water, sewer, and trash delinquency.
This is to inform you in writing, if you so choose, that you have the right to a pre-
termination hearing at 7:30 p.m., Tuesday, February 17, 2004, before the Mayor and
City Council to appear in person to be judged on the facts and to defend the claim made
by this city that your water, sewer, and trash bill is delinquent. You may retain counsel.
Your service will be discontinued on February 18, 2004, unless payment is received in
full. Is there anyone present who wishes to contest his or her water, sewer, and trash
delinquency? Hearing none, they are hereby informed that they may appeal and have
the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho
State Code. Even though they appeal, their water will be shut off. The amount of the
turn-off list is $33,808.01. Council, do you want to take action on this item?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the delinquency turn-off schedule for February 18,
2004, in the amount $33,808.01.
Bird: Second.
De Weerd: It's been moved and seconded to approve the delinquency turn-off list for
February 18, 2004. Is there any further discussion? Mr. Clerk, will you call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: All AYES
De Weerd: Thank you. Well, that is the end of our agenda. You did have an item in
front of you and I don't know where it went, but it's regarding a bill that's going to
committee. Mr. Clerk, did you put that in front of us?
Berg: Yes, Madam President.