14-996 Transfer of Assest and Liabilities to MHWSDCITY OF MERIDIAN RESOLUTION NO. 14-996
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, ROUNTREE, ZARE MBA
A RESOLUTION APPROVING THE TRANSFER OF THE ASSETS AND LIABILITIES OF
THE MERIDIAN HEIGHTS WATER & SEWER DISTRICT, ADA COUNTY, IDAHO, TO THE
CITY OF MERIDIAN, IDAHO, PURSUANT TO THE "AGREEMENT FOR THE
DISSOLUTION AND TRANSFER OF ASSETS AND LIABILITIES FROM MERIDIAN
HEIGHTS WATER AND SEWER DISTRICT TO THE CITY OF MERIDIAN; SETTLEMENT
AGREEMENT AND RELEASE."
WHEREAS, the City of Meridian seeks to accept the transfer of assets and liabilities from the
Meridian Heights Water & Sewer District, pursuant to the December 19, 2013, "Agreement for the
Dissolution and Transfer of Assets and Liabilities From Meridian Heights Water & Sewer District to the City
of Meridian; Settlement Agreement and Release';
WHEREAS, the City of Meridian finds that each of the following conditions exist, pursuant to
Idaho Code § 42-3239;
WHEREAS, the City of Meridian is capable of providing all of the essential functions provided by
the Meridian Heights Water & Sewer District;
WHEREAS, the City of Meridian has agreed to assume and perform the essential functions of the
Meridian Heights Water & Sewer District, pursuant to the December 19, 2013 "Agreement for the
Dissolution and Transfer of Assets and Liabilities From Meridian Heights Water & Sewer District to the City
of Meridian; Settlement Agreement and Release";
WHEREAS, the City of Meridian either has acquired, or is acquiring, sufficient assets,
infrastructure, and other resources to perform the essential operations of the Meridian Heights Water &
Sewer District;
WHEREAS, the Meridian Heights Water & Sewer District has made provisions for the retirement,
payment or assumption of any and all debt, bonds, and other liabilities and obligations of the district;
WHEREAS, the Meridian Heights Water & Sewer District has made provisions for the liquidation
and disbursement of district assets and infrastructure not intended to be transferred to the City of Meridian;
WHEREAS, the Meridian Heights Water & Sewer District has published notice in a newspaper in
general circulation in the district (the Idaho Statesman) for two consecutive weeks prior to the public hearing,
including information on the petition for an election on the proposed transfer, pursuant to Idaho Code § 42-
3239(2);
WHEREAS, on September 10, 2013, the Meridian Heights Water & Sewer District held a public
hearing to receive public testimony on the proposed transfer, and after the public hearing authorized an
election, pursuant to Idaho Code § 42-3239(3); and
RESOLUTION APPROVING THE TRANSFER OR ASSETS AND LIABILITIES
FROM THE INIERRHAN HEIGHTS WATER & SEWER DISTRICT PAGE I OF I
WHEREAS, on June 17, 2014, the Meridian Heights Water & Sewer District adopted a resolution
finding that the conditions required by § 42-3239(1) exist, and approving the transfer of assets and liabilities
to the City of Meridian;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That the City of Meridian finds that each of the above conditions exist.
Section 2. That the City of Meridian approves the transfer of the assets and liabilities of the
Meridian Heights Water & Sewer District, pursuant to the December 19, 2013 "Agreement for the
Dissolution and Transfer of Assets and Liabilities From Meridian Heights Water & Sewer District to the City
of Meridian; Settlement Agreement and Release."
Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and
approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 17th day of June, 2014.
APPROVED by the Mayor of the City of Meridian, Idaho, this 17th day of June, 2014.
APPROVED:
Tammy,de eerd, Mayor
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ATTEST:
City Clerk
RESOLUTION APPROVING THE TRANSFER OF ASSETS AND LLIDILFEIES
FROM DIE MERIDIAN HEIGHTS WATER & SEWER DIS'T'RICT PAGE 2 of 2