Loading...
JPA - 1999 - Automotive Inspection Program/Ada County - 4/27/1999 AUTOMOTIVE INSPECTION PROGRAM JOINT POWERS AGREEMENT WHEREAS, Chapter 23 of Title 67, Idaho Code, provides for certain joint powers and activities between public agencies within the State of Idaho; WHEREAS, the public agencies signatory to this Agreement desire to create an Air Quality Board and exercise certain joint powers pursuant to said state law for the purpose of implementing and administering a motor vehicle emissions control program; WHEREAS, enabling legislation known as the 1999 Motor Vehicle Emissions Control Ordinance has been adopted by each participating agency defining the purpose, nature and scope of such program; WHEREAS, it is the finding of each public agency that such joint cooperative effort is the most efficient use of their powers in view of the geographic, economic and other factors influencing such program; WHEREAS, to be successful, such program within Ada County must function on a uniform basis within the common jurisdiction of all public agencies; WHEREAS, each public agency has the authority to enter into this Agreement and to perform individually the functions hereinafter described, and the execution of this Agreement will not extend the jurisdiction, power, privilege or authority of each public agency. NOW, THEREFORE, the undersigned public agencies hereby agree to the following terms and conditions of this Agreement. 1. Term. The term of this Agreement shall commence the..27th day of AQr: , ,1999, and remain in force until such time that the Automotive Inspection and Repair program provided for in the 1999 Motor Vehicle Emissions Control Ordinance is terminated. 2. Board Created. There is hereby created an entity to be known as the Air Quality Board, to act on behalf of each public agency signatory to this Agreement, for the purpose herein expressed. 3. Purpose of the Board. The purpose of the Board shall be to implement and administer the Automotive Inspection Program as the same is setforth in the 1999 Motor Joint Powers Agreement 1 [date] Vehicle Emissions Control Ordinance, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference and attachment. Duties, responsibilities and guidelines for the Board are also included in Exhibit "A". 4. Board Composition. The Board shall consist of one elected official from each agency signatory to this Agreement, and one citizen-at-Iarge appointed by each agency signatory to this Agreement. One representative of Public Health District IV, or any agency that may succeed to its powers and duties, shall serve as an ex-officio member. The Director shall also serve as an ex-officio member. Each agency shall be responsible for selecting its representatives who shall serve until removed or replaced by the appointing agency. 5. Bv-Laws. The Board shall adopt By-Laws and distribute same to the chief executive officer of each agency signatory to this Agreement. 6. Fundina. Funding for the program shall be a combination of state or federal grants, matching funds, inspection fees, and any other monies appropriated or accruing to the Air Quality Board. All financial transactions for the program shall be within the Motor Vehicle Emissions Inspection Fund established in Exhibit "A" and shall be accounted for in accordance with generally accepted accounting principles. Budgetary procedures of the Air Quality Board shall be as specified in Exhibit "A". 7. Termination. The Board shall not be terminated prior to termination of the 1999 Motor Vehicle Emissions Control Ordinance. The withdrawal of any agency prior to termination shall constitute a forfeiture of any funds or properties contributed by said agency to the Air Quality Board. Upon mutually agreed termination of the 1999 Motor Vehicle Emissions Control Ordinance by all participating agencies, the remaining funds or property contributed by each participating agency shall be returned to that agency. 8. Aareement to Enforce. The 1999 Motor Vehicle Emissions Control Ordinance, attached hereto as Exhibit "A" provides the statutory enabling law for the implementation and administration of the Automotive Inspection and Readjustment control program. Each public agency, through the execution of this Agreement, agrees to the enforcement of said ordinance, where applicable, within its respective jurisdiction. Joint Powers Agreement 2 [date] 9. Miscellaneous. This Agreement and the attached Exhibit "A" shall therefore be executed and adopted by each agency in accordance with all applicable statutory requirements. Any action of the Board shall be subject to compliance with all state and federal laws applicable to municipalities and counties within the State of Idaho. Dated this _ day of ,1999. Passed by the Council and approved by the Mayor of the City of Boise, Idaho Approved By: Attest By: Mayor City Clerk Dated this _ day of l\t1Jueu, ~::~. 1< <fj'" F i t.,:c,~" Passed by the Council and approved by the Mayor of the City of Eagle, Idaho ..",,,,'P.~"'1\, </!J~OJ~C'i) "'G:c ~~. !.~ . A;,~~ '" ,~)'!- 'rt.~} ~ J l ,f "1:c1-?OR .)~, . ~" Attest By: , ~ Q. k ~.. '.. ..,.1'O.'.':~.:~..: ~ City Clerk -' ,,\1. ',". 6' ~; '"' ;' r"~. ~~.,.1' F..".'.... '!.1' ,',t ,1999. Approved By: Dated this _ day of ,1999. . " " Passed by the Council and approved by the Mayor of the City of Garden City, Idaho Approved By: Attest By: Mayor City Clerk Dated this _ day of ,1999. Passed by the Council and approved by the Mayor of the City of Kuna, Idaho Approved By: Attest By: Mayor City Clerk Dated this _ day of ,1999. Passed by the Council and approved by the Mayor of the City of Meridian, Idaho Approved By: Attest By: Mayor City Clerk Joint Powers Agreement 3 [date] Dated this _ day of , 1999. Passed by the Council and approved by the Mayor of the City of Star, Idaho Approved By: Attest By: Mayor City Clerk Dated this _ day of , 1999. Passed and approved by the Board of Ada County Commissioners Approved By: Commissioner Approved By: Commissioner Approved By: Commissioner Dated this _ day of , 1999. Passed and approved by the Board of Ada County Highway District Commissioners Approved By: Approved By: Commissioner Commissioner Approved By: Approved By: Commissioner Commissioner Approved By: Commissioner CSICBIAIR JOINTPWR.AGR Joint Powers Agreement 4 [date] P.agfe City J{a[[ 310 P.. State St. P.agfe,Iaalio 83616 (208) 939-6813 jaJC(208) 939-6827 :Jvtemorandum To: Mayor & Council CC: From: rrracy Os6orn Date: April 21, 1999 Re: Joint Powers Agreement Exhibit "A" Please note that Exhibit "A" as it is referred to in the agreement is on this Council agenda as item 7 A, Ordinance 346.