Ordinance - 2015 - 747 - Land Use Fee/Payments/Deposits - 12/15/2015ORDINANCE NO. 747
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING SECTION 1 -7 -4, EAGLE CITY
CODE, TO ESTABLISH A PAYMENTS AND DEPOSIT SYSTEM FOR DIRECT COSTS FOR LAND
USE ACTIONS; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Eagle City Code Section 1 -7 -4 currently establishes that applicants shall be
responsible for any direct costs incurred by the City for review of a Land Use Action by the City;
WHEREAS, the City Council wants to ensure that the City is not financially indebted due to an
applicant not paying for the necessary contract and professional reviews conducted for Land Use
Actions; and
WHEREAS, the City of Eagle wants to establish a clear and consistent system and practice for
the collecting of payments for Land Use Actions;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO as follows:
Section 1: That Section 1 -7 -4 of Eagle City Code be amended with text shown with underline to be
added and text shown with strikethrough to be deleted as follows:
1 -7 -4: FEE SCHEDULE FOR LAND USE PLANNING ACTIONS:
A. Fee Schedule Established: The city clerk or their designee, at the time of the filing of an -land use
application, petition, or receipt of an area of impact referral €of- nd-txse -plaii ing act: ,,,, shall
collect the fee and /or deposit f4 SUM aetiO stablished by t#reug4 -a resolution of the city
council together with a ;osit for and direct costs incurred by the city to review such
requests in obtaining •� Feview of by architects, engineers, attorneys, or other
professionals and contractors the City deems necessary to enable the city to appre
process said application petition, or referral in an informed manner.
B. Payments and Deposits for Direct Costs: Of Fees Prier Te neiian By The City: r H
6hftFge-' --blished by this seetieft has,e been paid in �ail, Fia ac-tion shall be tal
The city shall bill all applicants and /or land owners for all costs incurred by the city in
obtaining a review of the application, petition or referral by architects, engineers, attorneys,
or other professionals and contractors the City deems necessary to enable the city to process
such application, petition or referral for compliance_ with Eagle City Code, applicable state
and federal laws, applicable conditions of #pproyzL l new or existing, }, and/or other final
action including implementation of Cif, decisions.
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UcouncihdraIl ordmanceslord 747 amending 1 -7 -4 version 2.doc
2. Requirement of a Cash Deposit: Where required, all applicants or land owners shall be
required t& provide a deposit to the city clerk, or their designee, in cash. The Cash Deposit
shall be collected at the time of application -for any land use action. Cash Deposits shall be
held for the time period in which the application is under consideration and until such time as
the implementation of any final action on the application is complete. The amount of the
deposit and the procedures shall be further set forth by resolution approved by the city
council which may be amended anytime.
a. Payment: The Cash Deposit shall be considered as a, payment on the account and be
drawn down based on the invoices received by the City for the costs incurred to process
any application, petition and/or referral described in, this _Title. Minimum balances shall
be retained pursuant to a fee resolution of the city: council upon the passage of this
chapter and by resolution approved by the city- council which may be amended any time.
b. Contest of Invoices Sent by the City: Where there is any - defect or claim of ,impropriety
in an invoice submitted for payment for the review and_processing of anyy application,
petition or referral, the applicant shall contact the City Clerk in writi1tg- within ten (10)
working days of receiving the invoice. The written contest_ _shall specify the date,
services rendered, and rationale for any invoice, partial or in full. An error in the City's
invoice, if corrected within five (5) working days of be contacted by the applicant,
shall not delay the applicant's timely payment. Any invoice, or portion of an invoice,
that is not contested as described in this section is considered final, due and owing.
c. Release of Deposit Balance: Within sixty ( 60) days after final city action and completion
of implementation of said final action, the city will release-any unused funds from the
account to the applicant or land owner of recordminus any outstanding fees.
ees.
Completion of the implementation of a_final action shall be determined solely by the City
Clerk's office in conjunction with the Zoning Administrator or its designee.
C. Payment of Fees Prior to Action by the City: Until all required fees ohafged use
established by this section have been paid in full, no final action shall be taken by the city on any
application, 9' ;- (ition, or referral to which this section applies.
D. Refunds: Fees charged pursuant to this--Section A of _this_ chapter_ shall not be refundable.
E. Waivers: The city council may, upon receipt of a written request from the applicant, cant, prior to the
city deeming any application, petition, or referral complete-for processiM, approve a waiver or
payment plan for the required fees and /or direct costs_ incurred_ in _obtaining a review only upon
clear representation that the applicant has:
1. The inability to pay at the time of application such that the applicant is considered in form a
pauy7eris, and
2. The public interest would suffer by assessment of collection of thefee(s). shall have
authority, i" its sale dis iNv, in whole or- in pai4' the foFegoing fees, for geed—
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kALounedWraft ordmanceMord 747 amending I -7 -4 version 2 -doc
Section 2: This Ordinance shall be in full force and effect on the 151 day of March, 2016.
DATED THIS / 5,aL day of December, 2015.
CITY OF EAGLE
a County, Idaho
J MES D. REYN D
'MAYOR
ATTEST:
—,& CIA4-0-1
SHAR N K. BERG ANN
CITY CLERK
OF E.4
SEAL,:
�'•.,q OF l�P•••.
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Ucouncihdraft ordinances \ord 747 amending 1 -7 -4 version 2.doc
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account %�>ry n l� _ identification:
Address: iD (. D • G 1 V t L a+w Run Dates: _
Attention:
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ORDINANCE NO. 747
Other
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING SECTION 1 -74, EAGLE CITY
CODE, TO ESTABLISH A PAYMENTS AND DEPOSIT SYSTEM FOR DIRECT COSTS FOR LAND
USE ACTIONS; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Eagle City Code Section 1.74 currently establishes that applicants shall be
responsible for any direct costs incurred by the City for review of a Land Use Action by the City;
WHEREAS, the City Council wants to ensure that the City is not financially indebted due to an
applicant not paying for the necessary contract and professional reviews conducted for Land Use
Actions; and
WHEREAS, the City of Eagle wants to establish a clear and consistent system and Practice for
the collecting of payments for Land Use Actions;
NOW. THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE. IDAHO as follows:
action 1: That Section 1 -74 of Eagle City Code be amended with test shown with underline to be
added and test shown with atrikethmugh to be deleted as follows:
- 1 -74: FEE SCHEDULE FOR LAND USE PLANNING ACTIONS:
A. Pee Schedule Establi shed: The my cledrY!hcirde ign_,at the time ofthe Filing of a 1
. application. prynwn, or receipt of n, as of �nggcl nf.nal6xa7ru F�xylarxm;p n,i .shall
collect the fee a ndloi dcpusk /iK wehm ) established bv dxoug4e resolution of the city
council together with a aog 4 putir for an_y„direet coin incurred by the city m tigicw_sttcb
wgoC.sls ,aw,e- ,rreview.M thcapP ioer, -by architects, engineers, attomcys, or other
Professionals wtd cuatraugi >Lhe City -deem, necessary to enable the city toM)pn.vo "t
di,agProartlw rnwr s wid_application penupgor mfemo . in an informed manner.
R. —ARypc- Hopn� krk,- PUrrece H;f each r9imial hHhecHy (,arwent to title
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ehali be collected at he pole; of eppr'rv[ian for ant tnnd use act on �agh [k.PRgr s sha
hel4 fpifhc.BiiC.R4D2d in.wA75b_t16,@@RlbDlliPP -.i3_m ruinxpl�.at on and_uFti!5uch t.rrw.as
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' e i rjlC. pS4£ idh£fPR4Fa.85[fPRh- b�fe;aluciop ayyrQted Fytlip cUy
con '1�' hSh may t`^ ar�rded' tinjc,
a, Payrr rt:.. Th�pp 5t'a §b Ownst tlEd M:coLkidertL4s a paylMm on the NoVailLmdbe
drratwSLri4FA --thViAni gemimci ygd -4 the C X,for therns is- iycyH:i came
M- YaPRlL - 414Ehtitio!r and/or r�i.¢(MI Igid m thjs_luk Minirc' m bale nK shall
4e Seig nedpyt544REt2g- f'".fQ)211l4s1 -pf diC Pity courcilkRPn-t_M ka4+ a is
ghapteg aLW- fQtion aoo vedb the ejpp,5lcil whjEt!.tpgy, ha merulMa!Ime,
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to aft igwiatsullmilmd for MPNELfrl fp_view tl ssngofxPy;a .anon.
petition or referral, the airpl,cont shall contact the City Clark in wrs 'rs witFm !.f 19J
�, orking du)s of reccteiag!hp tnvgyce, Ttewrinen conta4l chap sPetiryjbgdaLa
services,eidered. and ridipfe.for any invoice. paOial or in fill A,R.of,TnjhgSJ11
Frank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
Valley Times, a weekly newspaper published at
Eagle, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
published in said County during a period of
seventy -eight consecutive weeks prior to the first
Iblication of this notice, a copy of which is attached
hereto, and that the notice was published in
Valley Times, in conformity with Section 60 -108,
Idaho Code, as amended, for I time(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
supplement and that said notice was published
on the following dates:
Beginning Dlcem-414,r zip RA21
Ending IL r Mhar I. 2015
STATE OF IDAHO)
)SS
COUNTY OF ADA )
p this Z day of in the year of 2015
before me, a Notary Public, personally appeared
mason, known or identified to me to be the person
j hose name is subscribed to the within instrument,
pd being by me first duly sworn, declared that the
In are true, a acknowledged to me that
/ he executed the same.
/ Notary Public for Idaho
Residing at Boise, ID
MY Commission expires:
File: _
Route
Et;ElvI-D & FILE
CITY OF EAGLE
DEL, 2 _' 2015