HomeMy WebLinkAbout04-438 Intergovernmental Agmt
RESOLUTION NO. 04- 4::se
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A RESOLUTION OF THE CITY COUNCn.. OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FJNDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY,
AN AGREEMENT ENTITLED "INTERGOVERNMENTAL AGREEMENT FOR
TRANSPORTATION AND LAND USE PLANNING" BETWEEN CITY OF MERIDIAN,
CITY OF BOISE, CITY OF EAGLE, CITY OF GARDEN CITY, CITY OF KUNA, CITY
OF STAR, ADA COUNTY, AND THE ADA COUNTY IDGHW A Y DISTRICT WITH
THE IDAHO TRANSPORTATIN DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COUNCn.. OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into the
Intergovernmental Agreement For Transportation And Land Use Planning agreement between the
City of Meridian, City of Boise, City ofEagle, City of Garden City, City ofKuna, City of Star,
Ada County, and the Ada County Highway District with the Idaho Transportation Department,
denoted as "Intergovernmental Agreement For Transportation And Land Use Planning", a copy
of which is attached hereto marked as Exhibit" N' together with Exhibits" N' through "F'
incorporated into the IntergovernmentaI Agreement to this Resolution, the reasons and authority
for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCn.. as foDows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City
of Meridian, that certain Intergovernmental Agreement For Transportation And Land Use
Planning agreement between the City of Meridian, City of Boise, City ofEagle, City of Garden
City, City ofKuna, City of Star, Ada County, and the Ada County Highway District with the
Idaho Transportation Department, entitled "Intergovermnental Agreement For Transportation
And Land Use Planning", a copy of which is attached hereto marked as Exhibit "A" together with
Exhibits" A" through "F' incorporated into the Intergovernmental Agreement to this Resolution
and to bind this City to its terms and conditions.
RESOLUTION FOR THE INTERGOVERNMENTAL
AGREEMENT FOR TRANSPORTATION AND LAND
USE PLANNING
Page 1 of2
2. To the extent that procurement policies ofthe City of Meridian apply to this
intergovernmental agreement, the City Council hereby waives any bidding requirements which are
more stringent than those required by Idaho Code.
¡r~ 3. EFFECTIVE DATE. This Resolution shall be in full force and effect on the
~ day of ~ 2004.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~day of
~, 2004.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of
AL'911~ ,2004.
~~
MAYO .~
ATTEST:
RESOLUTION FOR THE INTERGOVERNMENTAL
AGREEMENT FOR TRANSPORTATION AND LAND
USE PLANNING
Page2of2
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at
33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certifY that on the b- day of ~F'¡" , 2004, the following
action has been taken and authorized.
A RESOLUTION OF THE CITY COUNCn.. OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FJNDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY,
AN AGREEMENT ENTITLED "INTERGOVERNMENTAL AGREEMENT FOR
TRANSPORTATION AND LAND USE PLANNING" BETWEEN CITY OF MERIDIAN,
CITY OF BOISE, CITY OF EAGLE, CITY OF GARDEN CITY, CITY OF KUNA, CITY
OF STAR, ADA COUNTY, AND THE ADA COUNTY IDGHWAY DISTRICT WITH
THE IDAHO TRANSPORTATIN DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COUNCn.. OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into the
Intergovernmental Agreement For Transportation And Land Use Planning agreement between the
City of Meridian, City of Boise, City ofEagle, City of Garden City, City ofKuna, City of Star,
Ada County, and the Ada County Highway District with the Idaho Transportation Department,
denoted as "Intergovermnental Agreement For Transportation And Land Use Planning", a copy
of which is attached hereto marked as Exhibit "N' together with Exhibits "N' through "F"
incorporated into the IntergovernmentaI Agreement to this Resolution, the reasons and authority
for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCn.. as foDows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City
of Meridian, that certain Intergovernmental Agreement For Transportation And Land Use
Planning agreement between the City of Meridian, City of Boise, City ofEagle, City of Garden
City, City ofKuna, City of Star, Ada County, and the Ada County Highway District with the
Idaho Transportation Department, entitled "Intergovernmental Agreement For Transportation
And Land Use Planning", a copy of which is attached hereto marked as Exhibit" N' together with
Exhibits "N' through "F' incorporated into the Intergovernmental Agreement to this Resolution
and to bind this City to its terms and conditions.
2. To the extent that procurement policies of the City of Meridian apply to this
intergovernmental agreement, the City Council hereby waives any bidding requirements which are
more stringent than those required by Idaho Code.
rd 3. EFFECTIVE DATE. This Resolution shall be in full force and effect on the
~dayof AU9LlS+ ,2004. \\\"\~""""'!"""'o
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STATE OF IDAHO,
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County of Ada, )
On this 3") dayof 4~,,-,.. - , in the year 2004, before me a Notary Public,
appeared WILLIAM G. BERG, JR, known r Identified to me to be the CIty Clerk of the CIty of Mendian,
Idaho, that executed the said instnnnent, and acknowledged to me that he executed the same on behalf of the
City of Meridian/.""""", &
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INTERGOVERNMENTAL AGREEMENT FOR
TRANSPORTATION AND LAND USE PLANNING
THIS AGREEMENT made and entered this day of ,
2004, by and among the City of Boise, City of Eagle, City of Garden City, City of
Kuna, City of Meridian, City of Star, Ada County, the Ada County Highway
District (hereinafter the "Member Agencies"), and the Idaho Transportation
Department for the purpose of establishing a process for developing a
Countywide Transportation and Land Use Guide Plan.
RECITALS
WHEREAS it is the purpose of this Agreement to permit the Member Agencies to
make the most efficient use of their powers through cooperation to their mutual
advantage by performing planning and regulatory functions that will best accord
with geographic, economic, population, service, and the provision of capital
infrastructure in accordance with the needs of the respective Member Agencies,
including the purposes enumerated in the Local Land Use Planning Act, I.C. § 67-
6s02;and
WHEREAS it is the desire of the Member Agencies to address growth, land use,
infrastructure, service, and transportation issues in a coordinated and effective
manner; and
WHEREAS each Member Agency is authorized under Idaho law to provide
comprehensive planning services and adopt land development regulations to the
citizens within its respective jurisdiction; and
WHEREAS increased coordination between the Member Agencies and the Idaho
Transportation Department ("ITD") will result in better management, control,
and provision of comprehensive planning, countywide land use and
transportation planning; adoption of land development regulations including but
not limited to zoning, subdivision, capital improvement programming, and
provision of transportation and other capital facility infrastructure; and
WHEREAS this Intergovernmental Agreement respects the autonomy of each
Member Agency to provide comprehensive planning and land use regulatory
control within its jurisdiction; and
WHEREAS this Intergovernmental Agreement is not intended to, and does not
alter or change the responsibilities of each Member Agency, nor does it relieve
any Member Agency of any function, duty, or obligation otherwise imposed by
law; and
WHEREAS a copy of this Intergovernmental Agreement, upon its execution by
the parties hereto, shall be on file with the Clerk of the governing body of each
Member Agency; and
WHEREAS under Idaho law, including but not limited to Idaho Constitution
Const. Art. XII, § 2, and Idaho Statutes §§ 31-602, 31-604, 40-1309, 40-1310, So-
Exhibit "A"
301, 67-2326, 67-2327, 67-2328, 67-2332, the Member Agencies are authorized
to enter into this Intergovernmental Agreement; and
WHEREAS this Intergovernmental Agreement specifies the duration,
organization, purposes, manner of financing, and methodology employed in
carrying out the Agreement.
NOW, THEREFORE, the parties to this Intergovernmental Agreement do
agree as follows:
SECTION 1.
TITLE.
This Intergovernmental Agreement is referred to, and may be cited, as the
"Agreement."
SECTION 2. PURPOSE.
The purpose of this Agreement is to provide for: (a) the creation and adoption of
a countywide transportation and land use guide plan throughout Ada County; (b)
the preparation of transportation and land use elements to be incorporated into
the comprehensive plans and policy manual for each Member Agency; and (c) the
creation and adoption of implementing land development regulations and
ordinances.
SECTION 3.
DEFINITIONS
For the purpose of this Agreement and all other agreements, contracts and
documents executed, adopted, or approved pursuant to this Agreement, the
following terms shall have meaning prescribed to them within this section unless
the context of their use dictates otherwise:
Ada County Highway District ("ACHD"):
The Ada County Highway District established by referendum on May 25, 1971,
pursuant to Title 40, Idaho Code, Chapters 13 and 14.
City:
"City" refers to any or all of the following cities: City of Boise, City of Eagle, City
of Garden City, City of Kuna, City of Meridian, or the City of Star.
County:
Ada County, Idaho
Consortium:
The multi-jurisdictional entity established by § 4 of this Agreement in order to
carry out the purposes of this Agreement.
Governing Board:
A city council of any City, the board of county commissioners of Ada County, or
the Board of Commissioners of the ACHD.
Exhibit "A"
Idaho Transportation Department:
The state agency responsible for statewide transportation planning and which
shall be entitled to provide advisory recommendations to the Member Agencies
with respect to adoption of the Preferred Alternative and on the Final Plan.
Member Agency
A public agency which is a party to or subsequently becomes a party to this
Intergovernmental Agreement. The phrase "Member Agencies" refers collectively
to all of these jurisdictions.
Plan
The Countywide Transportation and Land Use Guide Plan, described generally in
Exhibit "A" to this Agreement.
Stakeholder:
Any local government, landowner, neighborhood, and special interest that has a
stake in transportation and land use planning, and that is listed as a
recommended countywide participant on the Steering Committee in Section 6 of
this Agreement.
4.1.
4.2.
4.3.
SECTION 4. GENERAL ORGANIZATION AND
POWERS OF CONSORTIUM.
A Consortium is hereby established that consists of the Member Agencies,
ITD, a Steering Committee consisting of representatives of the Member
Agencies and appointed Stakeholders (see Section 6), a Technical
Committee that provides data and information to the Steering Committee
(see Section 8), and a Coordinating Official who provides administrative
services (see Section 7).
With approval of the Member Agencies, the Consortium may receive and
expend funds, goods, and services from the federal government or
agencies and instrumentalities of state or local governments or from civic
and private sources and may contract with these entities and provide
information and reports as necessary to secure aid.
The Consortium shall conduct the planning process described in Exhibit
"A".
SECTION 5.
MEMBER AGENCIES.
5.1. Financial Participation
5.1.1 The Idaho Transportation Department (ITD) has committed to provide
$ Dollars for the preparation of the Countywide
Transportation and Land Use Guide Plan described in Exhibit "A" to this
Exhibit "A"
Agreement. The Member Agencies shall vote on the allocation of financial
contributions of each Member Agency, which shall be reasonably related
to the population of each Member Agency and to the amount required to
carry out the purposes of this Agreement after deducting the contributions
from ITD and other contributors as set out in 5.1.2.
5.1.2 The Member Agencies shall use their best efforts to secure financial
contributions from private businesses, individuals and foundations,
including but not limited to the Idaho Transportation Department (ITD),
to reduce the Member Agency contribution pro-rata for both Phases
described in the Scope of Services attached hereto as Exhibit B.
5.2. Procedures For Adoption Of Countywide Transportation
And Land Use Guide Plan
The Member Agencies shall cause the Countywide Transportation and Land Use
Plan to be prepared using the procedures described in Exhibit A, commencing on
July 1, 2004. The Member Agencies shall vote on the Preferred Alternative, as
described in Exhibit A, and on the adoption of the Plan, as well as on financing
and expenditures of the Consortium. The affirmative vote of the County, ACHD,
the City of Boise and four (4) of the remaining Member Agencies shall be
required to approve any action taken under this Agreement. The Idaho
Transportation Department shall be entitled to provide an advisory
recommendation to the Member Agencies with respect to any vote to be taken by
the Member Agencies with respect to adoption of the Preferred Alternative and
Final Plan. ITD shall have no vote on these matters. A majority of the Member
Agencies shall constitute a quorum for Consortium actions.
Each Member Agency hereby approves and ratifies the following documents,
which are attached hereto:
(a) Letter ofIntent (Exhibit A);
(b) Framework for Developing a Countywide Land Use and
Transportation Guide Plan (Exhibit B);
Scope of Services (Exhibit C) (the Scope of Services and Contract
for Legal and Planning Services shall be revised to remove from the
cost of the project the cost of the coordinating official)
Contract for Legal and Planning Services with Freilich, Leitner and
Carlisle attached hereto as Exhibit D.
These documents have been approved by each Member Agency in accordance
with all requirements of law for the execution of contracts.
(c)
(d)
Attached hereto as Exhibit E are ordinances or resolutions of each Member
Agency approving this Agreement and the documents described above.
Exhibit "A"
6.1.
6.2.
6.3.
7.1.
7.2.
SECTION 6. STEERING COMMI'ITEE.
The Steering Committee shall be composed of the Member Agencies and
other stakeholders appointed by the Member Agencies. The Member
Agencies shall vote on the appointment of stakeholders to serve on the
Steering Committee. The Steering Committee shall generally consist of the
following representatives:
Member Agencies
Idaho Transportation Department
Agricultural interests
Chambers of Commerce
Neighborhood Interests
Idaho Smart Growth
Environmental Interests
Treasure Valley Partnership
Development Interests (commercial and residential)
Urban Redevelopment Agencies
Public Transportation Agencies including Valley Ride
The Steering Committee shall be an advisory entity with respect to the
Plan and preparation of the Plan. The Steering Committee shall make
such recommendations to the Consortium with respect to the Plan and
selection of the Preferred Alternatives as it deems appropriate.
A record of meetings, hearings, resolutions, studies, findings, permits, and
recommendations taken shall be maintained. All meetings and records
shall be open to the public. At least one (1) regular meeting shall be held
each month for the duration of this Agreement. A majority of currently-
appointed voting members of the Steering Committee shall constitute a
quorum.
SECTION 7. COORDINATING OFFICIAL.
The Member Agencies shall retain and employ at their separate cost apart
from the contract for Legal and Planning Services, a Coordinating Official
who shall be subject to direction of the Steering Committee. An interim
Coordinating Official shall be appointed by the Ada County Highway
District upon the effective date of this Agreement. The Member Agencies
shall retain a permanent Coordinating Official within ninety (90) days of
the effective date of this Agreement, which official may be the same as the
interim Coordinating Official.
The Coordinating Official shall be responsible for the administration of the
Consortium, including arranging facilities for meetings, notifying
stakeholder representatives, bookkeeping, coordination with the
Exhibit "A"
8.1.
consultant, and other duties where provided by this Agreement. The
Coordinating Official may perform such additional duties as may be
assigned by the Steering Committee.
SECTION 8.
TECHNICAL COMMIITEE
A Technical Committee is hereby created to assist the Coordinating
Official and the Steering Committee by collecting data and providing
advice and assistance on technical matters. The Coordinating Official
shall recommend the membership of the Technical Committee, which shall
be approved by the Member Agencies. The number and membership of
the Technical Committee shall be designated by the Member Agencies.
The Technical Committee may consist of representatives from the
following groups:
(a)
(b)
(c)
(d)
(e)
(f)
The Idaho Transportation Department;
COMPASS;
Ada County Highway District;
Idaho Division of Environmental Quality and Department of Water
Resources;
Valley Ride; and
Other professionals with expertise in land use and transportation
planning.
The Technical Committee will ensure that the Consortium has access to
the most current data for the project, assist in the alternatives analysis and
review all documents produced during the process.
8.2.
SECTION 9.
DURATION/TERMINATION OF
AGREEMENT.
This Agreement shall remain in effect until December 31, 2005, unless it is
extended by the written agreement of the Member Agencies.
SECTION 10. WITHDRA WALS; DISSOLUTION
Any Member Agency shall have the right to withdraw from this
Intergovernmental Agreement by giving written notice to the Coordinating
Official. The members agree that withdrawal will not absolve them of
responsibility for meeting financial and other obligations established by this
Agreement or other contracts or agreements which exist at the time of
withdrawal. Upon termination of this Agreement, any money or assets in
possession of the Consortium after payment of all liabilities, costs, expenses, and
charges, validly incurred under this agreement, shall be returned to all member
agencies in proportion to their assessment determined at the time of termination.
The debts, liabilities, and obligations of the Consortium shall not constitute a
debt, liability, or obligation of any member agency.
Exhibit "A"
SECTION 11. AMENDMENTS TO THE AGREEMENT.
This Agreement may be amended at any time, but only by the consent of the
parties pursuant to Section 5.2.
SECTION 12.
GOVERNING LAW.
This Agreement, and its interpretation and performance, shall be governed and
construed by the applicable laws of the state of Idaho.
SECTION 13. COOPERATION BETWEEN AND
AMONG THE PARTIES.
The Member Agencies agree to cooperate with each other in all respects
regarding the matters addressed in this Agreement.
SECTION 14. ENFORCEMENT.
It is the intent of the Member Agencies that this Agreement shall be binding upon
the parties hereto, and that either party shall be permitted to specifically enforce
any provision of this Agreement in any court of competent jurisdiction.
SECTION 15. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this Agreement
is, for any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such section, subsection, sentence, clause, phrase, or portion shall be
deemed a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions of this Agreement.
SECTION 16. EFFECTIVE DATE.
This Agreement shall become effective upon the adoption date of the
Agreement by each Member Agency.
APPROVED this day of
,2004.
ADA COUNTY BOARD OF COMMISSIONERS
By:
Judy Peavey-Derr, Chairman, Board of Commissioners
ATTEST:
J. David Navarro, Ada County Clerk
Exhibit "A"
CITY COUNCIL OF CITY OF BOISE
By:
David H. Bieter, Mayor
ATIEST:
Annette P. Mooney, City Clerk
CITY COUNCIL OF CITY OF EAGLE
By:
Nancy Merrill, Mayor
ATIEST:
Sharon K. Moore, City Clerk
CITY COUNCIL OF CITY OF GARDEN CITY
By:
Ted Ellis, Mayor
ATIEST:
Sean Conklin, City Clerk
Exhibit "A"
CITY COUNCIL OF CITY OF KUNA
By:
Dean Obray, Mayor
ATTEST:
Colleen Nixon, City Clerk
CITY COUNCIL OF CITY OF MERIDIAN
By:
ATTEST:
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CITY COUNCIL OF CITY OF STAR
By:
Nathan Mitchell, Mayor
ATTEST:
Cathy Ward, City Clerk
Exhibit "A"
ADA COUNTY HIGHWAY DISTRICT
By:
John S. Franden, President
ATTEST:
William J. Schweitzer, Director
Exhibit "A"
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certifY:
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State ofldaho, with its principal office at
33 East Idaho, Meridian, Idaho,
2. That as the City Clerk of this City, 1 am the custodian of its records and
minutes and do hereby certifY that on the .3 ':!: day of ~6"¿ 0 , 2004, the following
action has been taken and authorized.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY,
AN AGREEMENT ENTITLED "INTERGOVERNMENTAL AGREEMENT FOR
TRANSPORTATION AND LAND USE PLANNING" BETWEEN CITY OF MERIDIAN,
CITY OF BOISE, CITY OF EAGLE, CITY OF GARDEN CITY, CITY OF KUNA, CITY
OF STAR, ADA COUNTY, AND THE ADA COUNTY HIGHWAY DISTRICT WITH
THE IDAHO TRANSPORTATIN DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into the
Intergovernmental Agreement For Transportation And Land Use Planning agreement between
the City of Meridian, City of Boise, City of Eagle, City of Garden City, City of Kuna, City of
Star, Ada County, and the Ada County Highway District with the Idaho Transportation
Department, denoted as "Intergovernmental Agreement For Transportation And Land Use
Planning", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the
reasons and authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCn.. as foDows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City
of Meridian, that certain Intergovernmental Agreement For Transportation And Land Use
Planning agreement between the City of Meridian, City of Boise, City of Eagle, City of Garden
City, City ofKuna, City of Star, Ada County, and the Ada County Highway District with the
Idaho Transportation Department, entitled "Intergovernmental Agreement For Transportation
And Land Use Planning", a copy of which is attached hereto marked as Exhibit "A" to this
Resolution and to bind this City to its terms and conditions.
2. To the extent that procurement policies of the City of Meridian apply to this
intergovernmental agreement, the City Council hereby waives any bidding requirements which
are more stringent than those required by Idaho Code.
3. EFFECTIVE DATE. This Resolution shall be in full force and effect on the
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STATE OF IDAHO,
County of Ada,
On this ~ day of A~"'>f , in the year 2004, before me a Notary Public,
appeared WILLIAM G. BERG, JR., Imo or identified to me to be the City Clerk of the City of
Meridian, Idaho, that executed the said instrument, and aclmowledged to me that he executed the same on
behalf of the Ci~,~Mw¡j~~~.
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