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14-996A Approving Transfer of Assets and Liabilities to MHWSDCITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. 14-996A BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA 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 "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" as of December 19, 2014; 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 "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" as of December 19, 2014; WHEREAS, the City of Meridian either has acquired, or is acquiring, sufficient assets, infrastructure, and other resources to perforin 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 OF ASSETS AND LIABILITIES FROM THE MERIDIAN HEIGHTS WATER & SEWER DISTRICT PAGE 1 OF 2 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 "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" as of December 19, 2014. 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 24th day of June, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this 24th day of June, 2014. APPROVED: Go¢o xq,SDAULI`rj9 ATTEST: 3 Ei�IDIAN owro aycee INICVLI i ZOU,vc 1 -1 �'o rR °gree ras nsoxs RESOLUTION APPROVING TRE TRANSFER OF ASSETS AND LIABILITIES FROM THE MERIDIAN nEIGH'TS WATER & SEWER DISTRICT Clerk PACE 2 or 2