Resolution - 2005 - 07 - Intergovernmental Agreement/City & Achd Regarding The Collection Of Development Impact Fees - 03/08/2005
05-07
RESOLUTION
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR
THE COOPERATION OF DEVELOPMENT APPLICATION REVIEW AND THE
COLLECTION OF DEVELOPMENT IMP ACT FEES BY AND BETWEEN THE CITY
OF t:-cUJ..k:.. AND THE ADA COUNTY HIGHWAY DISTRICT ("ACHD");
AU~E MAYOR AND CITY CLERK TO EXECUTE AND ATTEST
SAID AGREEMENT OF BEHALF OF THE CITY OF f;~ \¿ AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, ACHD has adopted Ordinance No. 200 relating to the imposition of
development impact fees on new develo'pment in Ada County, Idaho, including new
development which occurs in the City of ~ (the "City");
WHEREAS, ACHD has asserted that it has authority to adopt Ordinance No. 200
pursuant to Article 12, Section 2, of the Constitution of the State of Idaho, Chapters 13
and 14 of Title 40 of the Idaho Code;
WHEREAS, ACHD and City assert that they have the authority to enter into an
joint powers agreement pursuant to Section 67-8204A of the Idaho Code; and
WHEREAS, it is in the best interests of the citizens of the City to cooperate with
ACHD in the implementation of ACHD's Ordinance No. 200 so as to facilitate the
provision of adequate transportation infrastructure within the City.
NOW, THEREFORE, be it resolved by the Mayor and Council of the City:
Section 1. That the Impact Fee Collection Agreement (the "Agreement") by and
between the City and ACHD, a copy of which is attached hereto as Exhibit A and
incorporated herein by reference, be, and the same hereby is, approved as to both form
and substance.
Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to
respectively execute and attest the Agreement for and on behalf of the City.
Section 3. That this Resolution shall be in full force and effect immediately
upon its adoption and approval.
ADOPTED by the Council of the City of Eà31-G
of j'v\1lY-LÝ\ , 2005 '
, Idaho, this ~ t!J day
APPROVED by the Mayor of the City of ~, Idaho, this
of ßQých , 2005
Of'-¡
ù -- day
APPROVED:
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ATTEST:
Mr. -~~~
- City lerk
3316207 _2,DOC
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EXHIBIT A
This IMPACT FEE COLLECTION AGREEMENT (the "Agreement"), effective as of
the ~ day of 1:1a..-c.h , 2005, is made by and between ADA COUNTy
HIGHWAY DISTRICT. a body politic and corporate of the state of Idaho ("ACHD"), and THE
CITY OF EAGLE, a municipal col JOration organized under the laws of the state of Idaho (the
"City') ACHD and City may be referred to berein each individuaJly as a "Party" and
collectively as the "Parties."
IMPACT FEE COLLECTION AGREEMENT
RECITALS
A, City and ACHD each have statutory powers and authority, duties and
responsibilities, within their respective jurisdictions. which in some instances overlap those of
the other Party.
B. ACHD has adopted Ordinance No. 200 relating to the imposition of
development impact fees ("Impact Fees") in Ada County, Idaho.
c. The Parties now desire to enter into a new agreement that defines certain areas
of responsibility and provides for their joint COOperation with respect to the exercise thereof in
accordance with Idaho Code § 67-8204A for the benefit of the citizens of the City.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as fol1ows:
1.
Definitions.
1.1 The tenD "ACHD" shall refer to the Ada County Highway District, and shall
include its Commissioner¡¡, employees. agents, and contractors when acting on behalf of ACHD,
l.2 The tenn "Applicant" shal1 refer to an owner, developer, builder, possessor or
other holder of an interest in real property located within the area of City's jurisdiction.
1.3 The tenD "Application" shall refer to an application for a Pennit /Tom City by
an Applicant.
1.4 The tenn "City" shall refer to the City of Eagle, state of Idaho, and shall
include its Mayor, Members of its Council, employees, agents, and coo tractors when acting 00
behalf of City.
1.6 The tenn "Impact Fee" shall refer to an Impact Fee imposed by ACHD under
ACHD Ordìnance Number 200 adopted by ACHD pursuant to provisions of the Idaho
Development hnpact Fee Ac~ Title 67, Chapter 82, Idaho Code, as such ordinance now exists or
as the same may be modified and amended ftom time to time in the future.
1.5 The tenn "Fiscal Year" shall mean the year ending September 30th.
1.7 The tenn "Law" shall mean any statute of the state of Idaho and any City or
ACHD ordinance, resolution, rule and any binding final decision of a court with jurisdiction over
City and ACHD,
1.8 The tenD "Pennit" shall refer to a conditional use pennit, design review,
review of a planned development, traffic and development plan, zone change, private road,
building pennit, or any other pennit or approval which relates to or has an impact on the
highways and public rights-of-way under the jurisdiction of ACHD and which is required by
applicable Law to be issued by City but not similarly required by Law to be approved or issued
by ACHD.
1.9 The tenD "Residential" shall mean single family dwellings, duplex dwellings,
multifamily dwellings, manufactured homes and mobile homes.
2. ACHD Review of Application: Inclusion of ACHD Requested Conditions in
City's Staff Recommendations. Each time an Applicant presents an Application to City for a
Pennit, before taking any final action with respect thereto, City agrees to forward a complete
copy of the Application to ACHD for its review. Upon receipt of the copy of the Application
ACHD shall, within thirty (30) calendar days, detennine what conditions related to its statutory
jurisdiction it would like to have included in City's requirements for issuance of the Pennit
applied for, and so advise City, in writing. For consideration by City, ACHD shall provide City
with written findings of fact and conclusions of law in support of each request for inclusion of a
condition. City agrees that it will include the ACHD requested conditions in its staff
recommendations to City's Council.
3. City Al!ent of ACHD for Co~on o(Jmpact Fee for Res~dential
Development. In order to minimize the inconvenience of travel to both Parties' offices by an
Applicant seeking a Pennit for Residential development, City is hereby appointed agent for
ACHD for the collection of the appropriate Impact Fee due ACHD for such Residential
development.
4. Implementation by City of ACHD's Condiqons Included in Permit. City
agrees to implement enforcement of ACHD's conditions which have been included in a Pennit
issued by City by withholding the issuance of a Pennit until ACHD notifies City that all such
ACHD conditions have been met and, unless the City has collected the same as allowed under
Section 3, that the Impact Fee has been collected. City further agrees to withhold the issuance of
a certificate of occupancy until ACHD notifies City all such included conditions have been met.
5.
Amount and Payment for Services.
5.1 For City's services as agent for collection of ACHD Residential Impact Fees
under Section 6, ACHD agrees to pay a service fee of Twenty Dollars ($20) for each Impact Fee
collected by City on Residential development to a maximum amount not to exceed $12,000 in a
Fiscal Year.
5.2 Within ten (10) days following the end of each calendar month City agrees to:
(i) compile a monthly report, utilizing the software program provided by ACHD, describing the
Impact Fees that it collected for ACHD during the preceding month, and (ii) provide the report
JOJNT POWERS AGREEMENT - 2
and its check made payable to ACHD for the Impact Fees it colIected during that month to
ACHD together with an invoice for the service fees then payable to City for its services as agent
for collection. ACHD will remit to City the amount of such invoice within thirty (30) days
following receipt.
6. Indemnification. ACHD hereby agrees to indemnify and hold hannless the City
ftom and against all liability, loss, damage, cost, and expense, which may accrue or be sustained
by the City as a result or consequence of any claims, suits, or actions made or brought by a third
party against the City, arising out of or resulting fÌ'om conditions that were included in City's
requirements for issuance of a Permit solely because of ACHD's request as required by Section 2
of this Agreement.
7. Term of Aereement.
7.1 The term of this Agreement shall commence on the date of the Parties'
execution of this Agreement and shall continue thereafter fÌ'om Fiscal Year to Fiscal Year unless
and until notice of termination is given by either of the parties to the other party, which notice
shall be given at least ninety (90) days before the end of the Fiscal Year for which termination is
sought, in which event this Agreement shall tenninate at the end of that Fiscal Year.
7.2 Either Party may seek negotiation of any provision of this Agreement at any
time by providing written notice to the other of intent to renegotiate.
8.
Miscellaneous.
8.1 Notices. All notices or other communications that are required to be given
or may be given to the Parties pursuant to the terms of this Agreement shall be sufficient in all
respects if given in writing and if delivered personalIy or by first class mail, postage prepaid, to
the receiving Party at the addresses set forth below. Each Party may change the address at which
it is to receive communications by written notice to the other Party in accordance with the terms
of this Section.
If to ACHD:
Ada County Highway District
Attn: Impact Fee Administrator
3775 N. Adams Street
Garden City, ill 83714
If to City:
JOINT POWERS AGREEMENT - 3
8.2 Entire Agreement; Amendments. This Agreement contains the
complete agreement between the Parties with respect to the subject matter hereof and supersedes
any prior agreements or understandings, written or oral. This Agreement may be amended only
by a written agreement signed by each of the Parties. The Parties acknowledge that no person
who is an agent of either Party may orally or by conduct modify, delete, vary, or contradict the
tenus of this Agreement or this Section.
8.3 Binding Effect. This Agreement shall be binding upon and shaH inure to
the benefit of ACHD and the City, their respective successors, and pennitted assigns.
8.4 Governing Law. This Agreement shall be governed by and construed
under the laws of the state of Idaho, without regard to its conflicts of laws principles, and the
laws, rules, and regulations of the City and ACHD.
8.5 Severability. If, for any reason, any provision of this Agreement is held
invalid, such invalidity shall not affect any other provision of this Agreement not held so invalid,
and each such other provision shall be to the full extent consistent with law continue in full force
and effect. If any provision of this Agreement shall be held invalid in part, such invalidity shall
in no way affect the rest of such provision not held so invalid, and the rest of such a provision,
together with all other provisions of this Agreement, shall to the full extent consistent with law
continue in full force and effect.
8.6 Professional Fees and Costs. If any legal or equitable action, appeal,
arbitration, bankruptcy, reorganization, or other proceeding, whether on the merits, application or
motion, is brought or undertaken, or an attorney retained, to enforce this Agreement, or because
of an alleged dispute, breach, default or misrepresentation in connection with any of the
provisions of this Agreement, then the successful or prevailing Party in such undertaking (or the
Party that would prevail if an action were brought) shall be entitled to recover reasonable
attorney's and other professional fees, expert witness fees, court costs and other expenses
incurred in such action, proceeding or discussions, in addition to any other relief to which such
Party may be entitled, The Parties intend this provision to be given the most liberal construction
possible and to apply to any circumstances in which such Party reasonably incurs expenses.
8,7 Waiver. Failure of a Party to exercise or otheIWise act with respect to any
of its rights under this Agreement shall not be construed as a waiver of any breach, nor prevent
the Party from thereafter enforcing strict compliance with any and all tenus of the Agreement.
8.8 Time Is of the Essence. The Parties acknowledge and agree that time is
strictly of the essence with respect to each and every timer, condition, and provision hereof, and
that the failure to timely perfonn any of the obligations hereunder shall constitute a breach of and
a default under this Agreement by the Party failing to perfonn.
8.9 Approval Required. This Agreement shall not become effective or
binding until approved by the City and ACHD in accordance with applicable laws and
regulations.
8. I a Survival. The Parties' obligations in Sections 6 and 8.6 shall survive the
tennination of this Agreement.
JOINT POWERS AGREEMENT - 4
JOINT POWERS AGREEMENT - 5
[Signature page follows.)
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY :
ATTEST:
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Its:
ATTEST:
[Notary page follows.)
JOINT POWERS AGREEMENT - 6
STATE OF IDAHO
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County of Ada
On this - day of , 200_, before the undersigned Notary Public.
personally appeared and , known or
proved to me to be the [MAYOR AND CITY CLERK] of the City of Eagle. Idaho, that
executed the instrument on behalf of said City of , and acknowledged to me that such
entity executed the same.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public
Residing at
My Commission Expires
STATE OF IDAHO
)
) ss:
)
County of Ada
On this - day of , 2005, before the undersigned Notary Public.
personally appeared and . known or
proved to me to be the President of the Commission and Director of Ada County Highway
District. the political body that executed the instrument on behalf of said political body. and
acknowledged to me that such political body executed the same.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public
Residing at
My Commission Expires
3316162_2,DOC
JOINT POWERS AGREEMENT - 7