JPA - 2025 - Star Fire Collection & Expenditure Of Impact Fees - 3/25/2025City of Eagle / Star Fire Protection District
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE
COLLECTION AND EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR STAR FIRE
PROTECTION DISTRICT SYSTEMS IMPROVEMENTS
[Idaho Code§ 67-8204A & 67-2328]
Parties to the Agreement:
City of Eagle "City" Eagle City Hall
660 E. Civic Ln.
Eagle, ID 83616
Star Fire Protection District "Fire District"
Star Fire Protection District
11665 W. State St. Ste. B
Star, ID 83669
THIS, AGREEMENT, made effective 015 day of itrl , 2025, by and between
the Parties as herein this agreement defined.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
set forth, and for other good and valuable consideration hereby acknowledged by the
Parties to this Agreement as having been received, the Parties hereby mutually promise,
covenant, and agree as follows:
SECTION 1
DEFINITIONS
For all purposes of this Agreement, the following terms have the definitions as
herein provided in this Section unless the context of the term clearly requires otherwise:
1.1 Agreement: means and refers to this City of Eagle/Star Fire Protection District
Intergovernmental Agreement and Joint Powers Agreement for the Collection and
Expenditure of Development Impact Fees for Star Fire Protection District Systems
Improvements, by and between the Parties pursuant to LC.§ 67-8204A and section
7-6-17 of the Ordinance which may be referred to and cited as the "City of Eagle
Impact Fee Agreement" or "EIFA."
1.2 Capital Improvements Plan: means and refers to the most recent Impact Fee
Study and Capital Improvements Plan, adopted by the City and the Fire District
pursuant to the Idaho Development Impact Fee Act, Chapter 82, Title 67, Idaho
Code.
1.3 Capital Projects Fund: Shall mean and refer to the Fire District's capital projects
fund as established by its Board of Commissioners by policy in compliance with
Section 7-6-18 B of the Ordinance and Idaho Code § 67-8210 (1) which shall include
any of one or more interest bearing accounts into which each Fire District Impact
Fees shall be deposited and maintained by the Fire District.
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1.4 City: means and refers to the City of Eagle, Idaho, party to this Agreement.
1.5 COMPASS: means the Community Planning Association of Southwest Idaho, an
Idaho non- profit association that serves as the metropolitan planning association
for Ada County.
1.6 Costs: means and refers to the expense inclusive of attorney fees, publication
costs, experts and/or consultant fees directly related to the performance of a
covenant of this Agreement.
1.7 Fire District: means and refers to Star Fire Protection District, party to this
Agreement.
1.8 Ordinance: means and refers to the City of Eagle Development Impact Fee
Ordinance codified as Chapter 6 of Title 7 Eagle City Code together with any
amendments thereto approved subsequent to the date of this Agreement.
1.9 Party/Parties: means and refers to the City and/or the Fire District, as the Parties in
this Agreement, depending upon the context of the term used in this Agreement.
1.10 Service Area: means and refers to that certain area as a defined in the Act at Idaho
Code § 67-8203 (26) being all that geographic area within the Fire District's
boundaries as identified by the City and the Fire District in which the Fire District
provides fire protection and life preservation service to Development within the
areas defined, on the basis of sound planning or engineering principles or both. For
purposes of this Agreement, there shall be one Service Area encompassing all area
within the Fire District which includes the area within the City.
1.11 System Improvements: Means and refers to capital improvements to public
facilities identified in the Capital Improvement Plan designed to provide service to a
service area as defined in the Act at Idaho Code§ 67-8203(28).
1.12 All other definitions: All other definitions of this Agreement are set forth in Section
7-6- 2 of the Ordinance and are herein included as separate definitions as if the
same are set forth herein.
SECTION 2
RECITALS
The Parties recite and declare:
2.1 The Purpose of this Agreement is to facilitate the intent and purpose of the Capital
Improvement Plan and the Ordinance, to promote and accommodate orderly growth
and development, protect the public health, safety, and general welfare of the
residents within the City and within the boundaries of the Fire District, and to further
the best interest of the Parties.
2.2 Idaho Code § 67-2328 authorizes public agencies in Idaho to exercise jointly any
power, privilege, or authority authorized by the Idaho Constitution, statute, or
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charter. The Parties, each being a public agency, hereby agree to exercise jointly
their respective powers, privileges, and authorities to accomplish the collection and
expenditure of development impact fees in accordance with Title 67, Chapter 82
Idaho Code.
2.3 The City is a governmental entity as defined in the Act at Idaho Code§ 67-8203(14)
and, as provided at Idaho Code§ 67-8202(5), has ordinance authority to adopt a
development impact fee ordinance whereas the Fire District does not have
ordinance authority and cannot adopt a development impact fee ordinance; and
2.4 Idaho Code § 67-8204A, provides that the City, when affected by development, has
the authority to enter into an intergovernmental agreement with the Fire District for
the purpose of agreeing to collect and expend development impact fees for System
Improvements; and
2.5 The Fire District's duty and responsibility is to provide protection of property against
fire and the preservation of life, and enforcement of any of the fire codes and other
rules that are adopted by the state fire marshal; and
2.6 The Fire District's boundaries include some area within the City limits of the City and
area outside of the City in the Service Area, and the Fire District provides fire and
emergency services within the City; and
2.7 The City is experiencing and is affected by considerable growth and development;
and
2.8 The purposes of the Act [Idaho Code§ 67-8202] are as follows:
• Ensure that adequate public facilities are available to serve new growth and
development;
• Promote orderly growth and development by establishing uniform standards by
which local governments, such as the Parties, may require those who benefit
from new growth and development pay [development impact fees] their
proportionate share of the costs of new public facilities needed to serve that
new growth and development; and
• Establish minimum standards for and authorize cities to adopt impact fee
ordinances.
2.9 In anticipation and in consideration of the City Council adopting the Ordinance,
which is intended to provide for the collection and expenditure of development
impact fees for the Fire District, the City established and appointed, pursuant to
Idaho Code § 67-8205, and Eagle City Code Section 2-5-1 the Eagle City
Development Impact Fee Advisory Committee consisting of at least five (5)
members of the local community active in the business of development, building or
real estate; and
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2.10. Fire District has provided the City with a Capital Improvements Plan prepared in
accordance with the requirements of Idaho Code§ 67-8208 in consultation with the
Eagle City Development Impact Fee Advisory Committee.
2.11 Adoption of the Capital Improvements Plan by the City Council and the Fire District
Board of Commissioners were in accordance with Idaho Code§§ 67-8206(3) and 67-
8208(1) as applicable.
2.12 This Agreement facilitates the intent and purposes of the Star Fire Capital
Improvements Plan and the Ordinance, is in the best interest of the Parties,
promotes and accommodates orderly growth and development, and protects the
public health, safety and general welfare of the residents within the boundaries of
the City and the Fire District; and
2.13 The Parties have determined it is necessary and desirable to enter into this
Agreement.
SECTION 3
CAPITAL PROJECTS FUND
3.1 Capital Projects Fund Name: The Capital Projects Fund established by the Fire
District pursuant to sections 7-6-17 and 7-6-18 B of the Ordinance and this
Agreement shall be known as the City of Eagle/Star Fire Protection District
Development Impact Fee Capital Projects Fund (the "Capital Projects Fund").
3.2 Deposits to the Capital Projects Fund Accounts: Fire District development impact
fees collected by the City pursuant to the Ordinance and transferred to the Fire
District shall be deposited and maintained by Fire District to the Capital Projects
Fund Accounts.
3.3 Interest Bearing Capital Projects Fund Accounts: The Fire District shall establish
the City of Eagle/Star Fire Protection District Development Impact Fee Capital
Projects Fund accounts (the "Capital Projects Fund Account") as an interest -bearing
Accounts.
3.4 Capital Projects Fund Accounts Accounting: The Fire District shall account for the
Capital Projects Fund Accounts as follows:
3.4.1 Establish a separate accounting for each collected and transferred Impact
Fee by the designation of the year, month and date the Impact Fee was collected
by the City, the name of the fee payer, and the identification of the real property
which is the subject of the collection of the Impact Fee including the name of the
subdivision, the lot # and the block # and street address (i.e. 21/5/1- Smith -Eagle
View Subdivision No. 1, Lot_, Block or 123 Adam Dr.).
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3.4.2 Each separate accounting shall be additionally designated; in the event it
was paid under protest (i.e. UP) or is the subject of a claim for refund or
reimbursement (i.e. CR).
3.4.3 All Impact Fees in all accounts shall be maintained in an interest -bearing
account. The interest earned on each Account pursuant to Idaho Code Section
67-8210(1) shall not be governed by Idaho Code Section 57-127, as amended, but
shall be considered funds of the Account and shall be subject to the same
restrictions on uses of collected Impact Fees on which the interest is generated.
3.4.4 First-in/First-out. All Impact Fees in each account shall be spent in the
order collected, on a first-in/first-out basis.
3.4.5 Financial Records. Accurate financial records shall be maintained and kept
for each account that shall show the source and disbursement of all revenues,
that shall account for all Impact Fees monies received, that shall ensure that the
disbursement of funds from each account shall be used solely and exclusively for
the provisions of projects specified in the Capital Improvements Plan, and that
shall provide an annual accounting of the Capital Projects Fund account showing
the source and amount of all Impact Fees collected and the projects that were
funded.
3.5 Capital Projects Fund Accounts Audit: The Fire District shall have performed,
prepared and a copy provided to the City, an audit as an annual report: (a)
describing the amount of all Impact Fees received, appropriated or spent during the
preceding year by category of Public Facility; and (b) describing the percentage of
taxes and revenues from sources other than the Impact Fees collected,
appropriated or spent for System Improvements during the preceding fiscal year by
Systems Improvements category of public facility and the Service Area.
3.6 Capital Projects Fund Accounts Expenditures: Distribution from the Capital
Projects Fund, except for a Fee Payer reimbursement or Fee Payer Refund made
pursuant to the City Ordinance and this Agreement, shall be in accordance with
Idaho Code§ 67-8210.
SECTION 4
COVENANTS OF PERFORMANCE SPECIFIC TO THE FIRE DISTRICT
The Fire District shall, at all times:
4.1 Abide by the terms and conditions required of the Fire District as set forth in the
Ordinance, this Agreement and any amendments to the same; and
4.2 Maintain and staff the position of Fire District Administrator to manage and perform
the duties and responsibilities of the Fire District Administrator as set forth in the
Ordinance and this Agreement; and
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4.3 Establish and maintain the Capital Projects Fund in accordance with the terms and
conditions of the Ordinance and the provisions of Idaho Code § 67-8210 and any
amendment or recodification of the same and section 3 of this Agreement; and
4.4 Pay the following costs:
4.4.1 Costs associated with the Eagle City Development Impact Fee Advisory
Committee;
4.4.2 Costs of drafting and publication of the Ordinance and any amendment or
repeal of the same as may be requested by the Fire District;
4.4.3 Costs of drafting of this Agreement and any amendment or termination of the
same as may be requested by the Fire District;
4.4.4 Costs associated with the Fire District's performance of this Agreement;
4.4.5 Cost associated with an appeal of a claim of exemption;
4.4.6 Legal costs and fees of any action brought by a Fee Payer or Developer
involving a determination of the Fire District under the provisions of the
Ordinance; and
4.5 Be solely responsible for the Fire District's performance of the terms and conditions
required of it by the Ordinance and by this Agreement.
SECTION 5
COVENANTS OF PERFORMANCE SPECIFIC TO THE CITY
The City shall:
5.1 Approve and enact the Ordinance and maintain the same in full force and effect
until amended and/or repealed in accordance with the provisions of this Agreement;
and
5.2 Designate the Fire District's Administrator, as the City Clerk's duly designated agent,
to perform the duties of the City Clerk pursuant to the Ordinance as it relates to the
Fire District Impact Fees established by section 7-6-18 of the Ordinance; and
5.3 Abide by the terms and conditions required of the City as set forth in the Ordinance
and this Agreement and any amendments to the same, including the calculation
and collection of Fire District Impact Fees in accordance with the terms of the
Ordinance; and
5.4 Remit all Fire District Impact Fees collected by the City to the Fire District for
deposit in a Capital Projects Fund account in accordance with the terms and
conditions of the Ordinance and the provisions of Idaho Coda 67-8210; and
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5.5 Be solely responsible for the City's performance of the terms and conditions
required of it by the Ordinance and by this Agreement.
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SECTION 6
ADMINISTRATIVE STAFFING
6.1 The administration and performance by the City of the Ordinance shall be under the
direction of the City Clerk.
6.2 The administration and performance by the Fire District of the Ordinance shall be
under the direction of the Fire District Administrator.
SECTION 7
NOTICE AND DELIVERY OF DOCUMENTS
7.1 The contact information for purposes of notice to and/or the delivery of documents
to the City is as follows:
7.1.1 By mail or hand delivery addressed to:
City of Eagle
Attn: City Clerk
660 E. Civic Lane
Eagle, Idaho 83616
7.1.2 By scanning, attaching and e-mailing to: clerks@@cityofeagle:org
7.2 The contact information for purposes of notice to and/or the delivery of documents
to the Fire District is as follows:
7.2.1 By mail or hand delivery addressed to:
Star Fire Protection District
Attn: Fire District Administrator
11665 W State St. Ste. B
Star, Idaho 83669
7.2.2 By scanning, attaching and e-mailing to: rwardOstarfirerescue.org
7.3 In the event either party has a change in the address and/or contact information
provided for in this Section, notice of the same [using the form attached to this
Agreement as Appendix l] shall be provided to the other and upon acknowledgment
of receipt of said notice, this section of the Agreement shall henceforth be
amended.
SECTION 8
DELIVERY OF FIRE DISTRICT IMPACT FEES TO THE FIRE DISTRICT
8.1 Remittance of Fees to Fire District. Fire District Impact Fees collected by the City
shall be delivered to the Fire District on a monthly basis.
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8.2 Administrative Fee. The Fire District agrees to pay the City an administrative fee of
Twenty Dollars ($20.00) for each Fire District Impact fee collected by City on building
permits to a maximum amount not to exceed $25,000 in a Fiscal Year. The City will
submit an invoice to the Fire District for the administrative fee, which will be payable
within 30 days of receipt.
SECTION 9
INDEMNIFICATION
9.1 To the extent permitted by law, Fire District shall defend, indemnify, and hold City,
its officers, agents, and employees harmless for all claims, losses, actions,
damages, judgements, costs, expenses arising out of or in connection with any acts
or omissions of the Fire District related to the Ordinance, this Agreement, the
assessment, collection and/or expenditure of impact fees provided by the
Ordinance, and/or any claim involving the administration of impact fees as provided
by this Agreement. In the event of such claim Fire District shall defend such
allegations and Fire District shall bear all costs, fees, and expenses of such defense,
including, but not limited to, all attorney fees and expenses, court costs, and expert
witness fees and expenses. Such indemnification and reimbursement for defense
shall be limited to only those claims, and only to the extent that Fire District itself
could be liable under state and federal statutes, regulations, common law, and
other law.
9.2 To the extent permitted by law, City shall defend, indemnify, and hold Fire District,
its officers, agents, subcontractors, and employees harmless for injuries to persons
or property resulting from the wrongful acts of City, its officers, agents, or
employees in performing the duties described in this Agreement. Such
indemnification and defense shall only be limited to those claims, and only to the
extent that, City itself could be liable under state and federal statutes, regulations,
common law, and other law. City's indemnification and defense of Fire District
herein is further limited by all defenses, burdens of proof, immunities, and
limitations on damages to which City would be entitled if the claims were asserted
against City.
SECTION 10
TERM/AMENDMENT /TERMINATION
10.1 Term. This Agreement shall continue in force and effect perpetually from its
execution date unless terminated as provided in this section.
10.2 Amendment. Except as provided in Section 67.3, this Agreement may only be
amended in accordance with the following process:
10.2.1 An amendment may be proposed by either Party or the result of an update of
the Capital Improvements Plan.
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10.2.2 A proposed amendment must be in writing and include this entire Agreement
as then existing, and shall therein include a strike -through of any language to be
deleted and underlining of any new language of the proposed Amendment.
10.2.3 A proposed Amendment shall contain a Statement of Purpose (which shall
include a statement of how the Parties will be affected by the Amendment), the
Party to contact for information and the Amended and Reformed Agreement text
and be accompanied by any accompanying proposed amendment of the
Ordinance.
10.2.4 The proposing Party shall also prepare and submit to the other Party the
proposed Amendment as above stated together with an Amended and Reformed
Agreement form in the event the proposed Amendment is approved.
10.2.5 An approved amended and reformed Agreement shall be executed by the Fire
District's Chairman of the Board of Commissioners and the Mayor of the City,
upon approval of the City Council
10.3 Termination: This Agreement may only be terminated in accordance with the
following process:
10.3.1 Either party may propose a termination and the same may be terminated
upon mutual agreement of the Parties or by one of the Parties, subject to six (6)
months prior notice, all in accordance with the provisions of this section.
10.3.2 A proposed termination shall contain a Statement of the Reasons (which
shall include a statement of how the Parties will be affected by the termination.)
Any proposal to terminate the Agreement must also include the proposal
regarding the repeal of the Ordinance.
10.3.3 No termination of this Agreement or repeal of the Ordinance can be
retroactive and the Agreement and Ordinance shall remain in effect regarding
any active accounts in the Trust Fund.
SECTION 11
EFFECTIVE DATE
11.1 This Agreement is effective simultaneously with the effective date of the Ordinance.
SECTION 12
GENERAL PROVISIONS
12.1 Third Party Beneficiaries: Each Party to this Agreement intends that this Agreement
shall not benefit or create any right or cause of action in or on behalf of any person or
legal entity other than the Parties hereto and/or a Developer or Fee Payer affected by
the Ordinance or the Agreement.
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12.2 Severability: Should any term or provision of this Agreement or the application
thereof to any person, parties or circumstances, for any reason be declared illegal or
invalid, such illegality or invalidity shall not affect any other provision of this
Agreement, and this Agreement shall be construed and enforced as if such illegal or
invalid provision had not been contained herein.
12.3 Counterparts: This Agreement shall be executed by the Parties in two (2)
counterparts, and each such counterpart shall be deemed an II original.11
12.4 Captions: The subject headings of the paragraphs and subparagraphs of this
Agreement are included for purposes of convenience only and shall not affect the
construction or interpretation of any of its provisions.
12.5 Choice of Law: This Agreement shall be governed and interpreted by the Laws of the
State of Idaho.
12.6 Assignment: No Party may assign this Agreement or any interest therein.
IN WITNESS WHEREOF, the undersigned Parties have by action and/or authority of
their Governing Bodies caused this agreement to be executed and made it effective as
hereinabove provided, this 02S day of , 2025.
DATED AND SIGNED THIS onto day of 1`✓Ilart1 , 2025.
CITY OF EAGLE
By:
of
Brad Pike, Mayo;'
ATTEST
Tracy E. OJborn, City Clerk
DATED AND SIGNED THIS day of 4
STAR FIRE PROTECTION DISTRICT
Jared Moyle, Chairman
, 2025.
ATTEST
in Ward, District Administrator
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By: Fire District Resolution No.
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FROM:_
TO:
DATE:
APPENDIX 1
Notice of Contact Information Change
NOTICE IS HEREBY GIVEN, pursuant to Section of the City of Eagle/Star Fire
Protection District Intergovernmental Agreement and Joint Powers Agreement for the
Collection and Expenditure of Development Impact Fees for Fire District Systems
Improvements, dated of the following CHANGE IN CONTACT INFORMATION:
New Contact Information is as follows:
Name/Entity:
Address:
Telephone: Fax:
Email:
Signature (Authorized Agent)
Title:
Certificate of Service
I, the undersigned, hereby certify that on the day of , 20 a
true and correct copy of the above and foregoing NOTICE OF CONTACT INFORMATION CHANGE was
served upon the following by the method indicated below:
City or Fire District
Address
City, State ZIP
Acknowledgement of Receipt by:
❑ U.S. Mail
❑ Hand Delivery
❑ Facsimile
❑ Email
for City or Fire District
Name/Signature: Date:
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