HomeMy WebLinkAbout26-2127 Ada County Emergency Medical Services District Development Impact Fees CITY OF MERIDIAN ORDINANCE NO. 26-2127
BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON,
STRADER, TAYLOR,WHITLOCK
AN ORDINANCE AMENDING THE MERIDIAN CITY CODE BY THE ADDITION
THERETO OF A NEW CHAPTER 2 TO TITLE 12 CALLED"ADA COUNTY EMERGENCY
MEDICAL SERVICES DISTRICT DEVELOPMENT IMPACT FEES" PROVIDING FOR:
• SHORT CHAPTER TITLE,AND
• AUTHORITY,FINDINGS,APPLICABILITY,AND PURPOSE; AND
• DEFINITIONS; AND
• CAPITAL IMPROVEMENTS PLAN; AND
• PERIODIC REVIEW OF THE CAPITAL IMPROVEMENTS PLAN; AND
• INTERGOVERNMENTAL AGREEMENT WITH EMS DISTRICT; AND
• IMPOSITION OF EMS IMPACT FEES AND PAYMENT; AND
• ENFORCEMENT AND COLLECTION; AND
• EMS DISTRICT IMPACT FEE ADMINISTRATOR AND CITY POWERS
TO REQUIRE PAYMENT OF EMS IMPACT FEES; AND
• EMS IMPACT FEE(S)EXEMPTIONS; AND
• PROCESS FOR INDIVIDUAL ASSESSMENT; AND
• EXTRAORDINARY IMPACTS;AND
• DEVELOPER CREDITS AND REIMBURSEMENTS; AND
• EMS IMPACT FEE PAYMENT MISTAKE OR MISREPRESENTATION; AND
• FEE PAYER REFUNDS; AND
• EMS IMPACT FEE CAPITAL PROJECTS TRUST FUND,
EXPENDITURES,BUDGET,AUDIT,AND SURCHARGE; AND
• APPEALS AND MEDIATION; AND
• MISCELLANEOUS PROVISIONS; AND
• PUNISHMENT FOR VIOLATIONS; AND
• CONSTRUCTION OF ORDINANCE INTENT; AND
• PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO:
SECTION 1. That the Meridian City Code be amended by adding a new Chapter 2 to Title 12 called
"Ada County Emergency Medical Services District Development Impact Fees Ordinance" to read as
follows:
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EMS District Development Impact Fees Ordinance
CHAPTER 2
ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT DEVELOPMENT
IMPACT FEES
PART 1: SHORT CHAPTER TITLE,AUTHORITY,FINDINGS,APPLICABILITY,AND
PURPOSE:
12-2-101: SHORT CHAPTER TITLE
This Chapter shall be known and may be cited as the Ada County Emergency Medical Services District
Development Impact Fees Ordinance.
12-2-102: CITY AUTHORITY
This ordinance is enacted pursuant to the City's general police powers, its authority to enact
ordinances,and its authority as provided by the Idaho Development Impact Fee Act codified at Chapter
82 of Title 67, Idaho Code (the "Act") and other applicable laws of the state of Idaho to impose
development impact fees,which includes the establishment and collection of development impact fees
pursuant to its authority to enter into an intergovernmental agreement with the Ada County Emergency
Medical Services District (the "EMS District") as provided for in Idaho Code § 67-8204A.
12-2-103: EMS DISTRICT AUTHORITY
A. The EMS District is an ambulance service district formed and existing pursuant to I.C. §
31-3901 et seq., and has authority to provide ambulance service and advanced life support
emergency medical services throughout the EMS District's boundaries, which
encompasses all of Ada County including the incorporated cities located in Ada County.
B. The EMS District has authority to enter into an intergovernmental agreement with the City
as provided for in Idaho Code§ 67-8204A in order to establish its EMS Impact Fees within
the City.
12-2-104: FINDINGS
A. Cities are"governmental entities"empowered to impose and collect development impact
fees pursuant to the provisions of I.C. §§ 67-8202(5) and 67-8203(14).
B. Effective July 1,2026, ambulance service districts are"governmental entities"empowered
to impose and collect development impact fees pursuant to the provisions of Idaho Code §§
67-8202(5)&67-8203(14).
C. The EMS District and City are experiencing considerable new growth and development,
which new growth affects the ability of the EMS District to provide adequate EMS public
facilities (the "Public Facilities") to serve persons and property within the EMS District,
including persons and property within the City.
D. The ability of the EMS District to provide such adequate Public Facilities jointly affects
both the EMS District and the City.
E. The City and the EMS District are each experiencing considerable growth and development.
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EMS District Development Impact Fees Ordinance
F. The purposes of the Act are as follows:
1. Ensure that adequate Public Facilities are available to serve new growth and
development;
2. Promote orderly growth and development by establishing uniform standards by which
local governments, such as the City and the EMS District, may require those who
benefit from new growth and development pay their Proportionate Share of the costs
of new Public Facilities needed to serve that new growth and development;
3. Establish minimum standards for adoption of development impact fee
ordinances;
4. Ensure that those who benefit from new growth and development are required to pay
no more than their Proportionate Share of the cost of Public Facilities needed to serve
that new growth and development and to prevent duplicate and ad hoc Development
Requirements; and
5. To empower governmental entities to adopt ordinances to impose development impact fees.
G. The Act provides,pursuant to I.C. § 67-8204A, in circumstances where the City and the
EMS District are both affected by the considerable Development as is occurring within
the City, that the City and the EMS District may enter into an intergovernmental
agreement for the purpose of agreeing to collect and expend development impact fees for
System Improvements which provides for a funding mechanism for those System
Improvements Costs incurred by the EMS District to meet the demand and growth
occurring within the City and which 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.
H. New growth within the City is expected to continue and will place increased demands on
the EMS District to provide and expand its Public Facilities to serve that new growth. The
tax revenues generated from new Development within the City often do not generate
sufficient funds to provide the necessary improvements and expansion of the EMS
District's existing Public Facilities to accommodate that new growth.
I. Section 67-8204A of the Act authorizes the City to adopt a development impact fee system
and to enter into intergovernmental agreements with the EMS District to offset, recoup,
or reimburse the portion of the costs of needed improvements to EMS District Public
Facilities caused by new growth and Development in the City.
J. The creation of an equitable development impact fee system facilitated by the
Intergovernmental Agreement between the City and the EMS District will promote the
purposes set forth in the Act, in that it will: (a) ensure that the EMS District has adequate
capital facilities which are available to serve new growth and Development; (b)promote
orderly growth and Development by establishing uniform standards by which the City may
require that those who benefit from new growth and Development pay a Proportionate
Share of the cost of the EMS District's capital facilities needed to serve new growth and
Development in the City; (c) establish minimum standards for the adoption of EMS
Impact Fees; (d) ensure that those who benefit from new growth and Development are
required to pay no more than their Proportionate Share of the cost of the EMS District's
capital facilities needed to serve new growth and Development in the City; and(e)prevent
duplicate and ad hoc Development Requirements in the City.
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EMS District Development Impact Fees Ordinance
K. The Capital Improvements Plan contains System Improvements planned by the EMS
District during the term of its Capital Improvements Plan, and such element has been
developed in conformance with the requirements of the Act.
L. The Capital Improvements Plan sets forth reasonable methodologies and analyses for
determining the impacts of various types of new Development on the EMS District's Public
Facilities and determines the cost of acquiring or constructing the improvements necessary
to meet the demands for such facilities created by new Development.
M. In accordance with the Act, the Capital Improvements Plan was based on actual System
Improvements Costs or reasonable estimates of such costs. In addition, the Capital
Improvements Plan uses a fee calculation methodology that is net of credits for the Present
Value of revenues that will be generated by new growth and Development based on
historical funding patterns and that are anticipated to be available to pay for System
Improvements, including taxes, assessments, user fees, and intergovernmental transfers.
N. The EMS Impact Fees established by this Chapter are based on the EMS District's Capital
Improvements Plan, and do not exceed System Improvements Costs to serve new
Development that will pay the EMS Impact Fees.
O. The EMS District's capital facilities, included in the calculation of the fees in its Capital
Improvements Plan, will benefit all new Development throughout the City, and it is
therefore appropriate to treat all areas of the City as a single Service Area for purposes of
calculating, collecting, and spending the EMS Impact Fees collected from Developers.
P. There is both a rational nexus and a rough proportionality between Development impacts
created by each type of Development covered by this Chapter, the development impact
fees assessment of such Development covered by this Chapter, and the development
impact fees that Developers will be required to pay.
Q. This Chapter creates a system by which development impact fees paid by Developers will
be used to finance,defray,or reimburse a portion of the costs incurred by the EMS District
to construct and/or purchase System Improvements in ways that benefit the Development
for which the development impact fee was paid within a reasonable period of time after
the development impact fee is paid, and in conformance with I.C. § 67-8210.
R. This Chapter creates a system under which development impact fees shall not be used to
correct existing deficiencies for any Public Facilities, or to replace or rehabilitate existing
Public Facilities, or to pay for routine operation or maintenance of those facilities.
S. This Chapter creates a system under which there shall be no double payment of
development impact fees, in accordance with I.C. § 67-8204(19).
T. This Chapter is consistent with all applicable provisions of the Act concerning
development impact fee ordinances.
12-2-105: APPLICABILITY
Except as otherwise exempted in section 12-2-701, the provisions of this Chapter shall apply to the
development of property located within the boundaries of the City of Meridian, Idaho.
12-2-106: PURPOSE
A. This Chapter is adopted to be consistent with, and to help implement, the Capital
Improvements Plan.
B. The intent of this Chapter is to ensure that new Development bears a Proportionate Share
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EMS District Development Impact Fees Ordinance
of the cost of System Improvements; to ensure that such Proportionate Share does not
exceed the cost of such System Improvements required to accommodate new
Development; and to ensure that funds collected from new Development are used for
System Improvements in accordance with the Act.
C. It is the further intent of this Chapter to be consistent with those principles for allocating a
fair share of the cost of System Improvements to new Development, and for adopting
development impact fee ordinances, as established by the Act.
D. It is not the intent of this Chapter to collect any money from any new Development that
exceeds the actual amount necessary to offset new demands for System Improvements
created by such new Development.
E. It is the intent of this Chapter that any monies collected, as imposed EMS Impact Fees,
are deposited in the proper Development Impact Fee Capital Projects Trust Fund Account,
are never commingled with monies from a different impact fee Accounts, are never used
for a development impact fee component different from that for which the fee was paid, are
never used to correct current deficiencies in any EMS District facilities,and are never used
to replace or rehabilitate EMS District facilities when it does not increase capacity, or be
used to maintain or operate any EMS District facilities.
PART 2: DEFINITIONS
12-2-201: DEFINITIONS
As used in this Chapter,the following words and terms shall have the following meanings, unless
another meaning is plainly intended and words and terms appearing in the singular number include
the plural and the plural the singular:
ACCOUNTS shall mean any of one or more interest bearing accounts within the Development
Impact Fee Capital Projects Trust Fund established in Part 13 of this Chapter.
ADVISORY COMMITTEE shall mean the Ada County/Ada County Ambulance District
Development Impact Fee Advisory Committee established and identified in the Intergovernmental
Agreement which is formed and staffed pursuant to I.C. § 67-8205 to prepare and recommend the
Capital Improvements Plan and any amendments, revisions, or updates of the same.
ACT shall mean the Idaho Development Impact Fee Act as set forth in Chapter 82 of Title 67,
Idaho Code.
APPROPRIATE shall mean to legally obligate by contract or otherwise commit to the
expenditure of funds by appropriation or other official act of the EMS District Board of
Commissioners.
BUILDING PERMIT shall mean the City permit required for new construction and additions
under Title 10 of the Meridian City Code.
CAPITAL IMPROVEMENTS shall mean improvements with a useful life of ten(10) years or
more, by new construction or other action, which increases the service capacity of EMS District
Capital Facilities.
CAPITAL IMPROVEMENTS ELEMENT shall mean a component of the Capital Improvements
Plan identified in the EMS District's CIP adopted by its governing board and the City Council
pursuant to Chapters 65 and 82 of Title 67, Idaho Code, and as amended, which component meets
the requirements of the Capital Improvements Plan required by the Act.
CAPITAL IMPROVEMENTS PLAN shall mean an impact fee study and capital improvements
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EMS District Development Impact Fees Ordinance
plan, which has been recommended by the Advisory Committee and adopted by the EMS District
Board of Commissioners and the City Council pursuant to the Act that identifies the EMS District
Capital Facilities for which the EMS Impact Fees may be used as a funding source.
CITY shall mean the City of Meridian, Idaho.
CITY COUNCIL shall mean the City Council of the City of Meridian.
DEVELOPER shall mean any person or legal entity undertaking Development including a
Development that seeks an annexation into the City and/or undertakes the subdivision of property
pursuant to I.C. §§ 50-1301 through 50-1334, as amended.
DEVELOPMENT shall mean any construction or installation of a building or structure, or any
change in use of a building or structure, or any change in the use, character or appearance of land,
which creates additional demand and need for Public Facilities or the annexation into the City and/or
subdivision of property that would permit any change in the use, character or appearance of land.
DEVELOPMENTAPPROVAL shall mean any written duly authorized document from the City
which authorizes the commencement of a Development.
DEVELOPMENT IMPACT FEE CAPITAL PROJECTS TR UST FUND OR TR UST FUND shall
mean the Ada County Emergency Medical Services District Development Impact Fee EMS Capital
Projects Fund(or EMS Capital Projects Fund) established by action of the EMS District Board of
Commissioners.
DEVELOPMENT REQUIREMENTS shall mean a requirement attached to a Developmental
Approval or other City governmental action approving or authorizing a particular Development.
EMS DISTRICT shall mean the Ada County Emergency Medical Services District.
EMS DISTRICT BOARD OF COMMISSIONERS shall mean the Board of Commissioners of the
EMS District, which is the EMS District's governing board.
EMS DISTRICT CAPITAL FACILITIES shall mean Public Facilities which are identified in the
Capital Improvements Plan, and specifically including those related costs including System
Improvements Costs,but not including maintenance, operations, or improvements that do not expand
capacity.
EMS DISTRICT IMPACT FEE ADMINISTRATOR shall mean the person appointed by the EMS
District Board of Commissioners to administer the imposition of EMS Impact Fees in accordance
with the Act and the Intergovernmental Agreement.
EMS IMPACT FEES shall mean a payment of money imposed as condition of Development
Approval to pay for a Proportionate Share of the EMS District's costs of System Improvements
needed to serve the Development. The term does not include the following:
• A charge or fee to pay the administrative plan review or inspection cost associated with
permits required for Development;
• Connection or hookup charges;
• Availability charges for drainage, sewer, water or transportation charges for services
provided directly to the Development; or
• Amounts collected from a Developer in a transaction in which the EMS District has
incurred expenses in constructing Capital Improvements for the Development if the owner
or Developer has agreed to be financially responsible for the construction or installation
of those Capital Improvements,unless a written agreement is made,pursuant to I.C. § 67-
8209(3) as amended, for credit or reimbursement.
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EMS District Development Impact Fees Ordinance
EXTRAORDINARY COSTS shall mean those costs incurred as result of an Extraordinary Impact.
EXTRA ORDINAR YIMPA CT shall mean an impact which is reasonably determined by the EMS
District Impact Fee Administrator to: (i)result in the need for System Improvements, the cost of
which will significantly exceed the sum of the EMS Impact Fees to be generated from the
Development or the sum agreed to be paid pursuant to a development agreement as allowed by I.C. §
67-8214(2), as amended; or(ii)result in the need for System Improvements which are not identified
in the Capital Improvements Plan.
FEE PAYER shall mean the person who pays or is required to pay EMS Impact Fees. A Fee
Payer may include a Developer.
INTERGOVERNMENTAL AGREEMENT shall mean the most recent Ada County Emergency
Medical Services District and City of Meridian Intergovernmental Agreement for the Collection
and Expenditure of Development Impact Fees for the Ada County Emergency Medical Services
District on Development Within the Municipal Boundaries of the City of Meridian entered into by
and between the City and the EMS District pursuant to I.C. § 67-8204A for the collection and
expenditure of EMS Impact Fees established pursuant to this Chapter.
LAND USE ASSUMPTIONS shall mean a description of the Service Area and projections of
land uses, densities, intensities and population in the Service Area over at least a ten-year period.
LEVEL OF SERVICE shall mean a measure of the relationship between service capacity and
service demand for Public Facilities.
MANUFACTURED/MOBILE HOME shall mean a structure, constructed according to
HUD/FHA mobile home construction and safety standards, transportable in one (1) or more sections,
which, in the traveling mode, is eight(8) feet or more in width or is forty(40)body feet or more in
length, or when erected on site, is three hundred twenty(320) or more square feet, and which is built
on a permanent chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to required utilities, and includes the plumbing, heating, air conditioning
and electrical systems contained in such structure, except that such term shall include any structure
which meets all the requirements of this subsection except the size requirements and with respect to
which the manufacturer voluntarily files a certification required by the Secretary of Housing and
Urban Development and complies with the standards established under 42 U.S.C. §§ 5401 et seq.
MODULAR BUILDING shall mean any building or building component other than a
Manufactured/Mobile Home, which is constructed according to the International Building Code, as
adopted or any amendments thereto, which is of closed construction and is either entirely or
substantially prefabricated or assembled at a place other than the building site.
PRESENT VALUE shall mean the total current monetary value of past,present or future
payments, contributions or dedications of goods, services, materials, construction or money.
PROJECT shall mean a particular Development on an identified lot or parcel of land.
PROJECT IMPROVEMENTS, in contrast to System Improvements, shall mean site
improvements and facilities that are planned and designed to provide service for a particular Project
and that are necessary for the use and convenience of the occupants or users of the Project.
PROPORTIONATE SHARE shall mean that portion of System Improvements Costs
determined pursuant to I.C. § 67-8207 which reasonably relates to the service demands and needs of
the Project.
PUBLIC FACILITIES shall mean land,buildings and equipment used for EMS purposes which
have a useful life of ten (10) years or more.
RECREATIONAL VEHICLE shall mean a vehicular type primarily designed as temporary
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EMS District Development Impact Fees Ordinance
quarters for recreational, camping, or travel use, which either has its own motive power or is
mounted on or drawn by another vehicle.
SERVICE AREA shall mean the defined geographic area in the adopted Capital Improvements
Plan including the geographic area within the City as identified by the EMS District in which specific
Public Facilities provide service to Development within the areas defined, on the basis of sound
planning or engineering principles or both. For purposes of this Chapter, there shall be one Service
Area which includes all of the City of Meridian.
SERVICE UNIT shall mean a standardized measure of consumption,use, generation or
discharge attributable to an individual unit of Development calculated in accordance with generally
accepted engineering or planning standards for a particular category of Capital Improvements. As
specifically used in this Chapter, Service Units include residential dwelling units as defined in the
Unified Development Code of the City of Meridian and square feet of nonresidential Development.
SYSTEM IMPROVEMENTS, in contrast to Project Improvements, shall mean Capital
Improvements to Public Facilities which are designed to provide service to a Service Area. For the
purpose of this Chapter, System Improvements are for EMS District Capital Facilities.
SYSTEM IMPROVEMENTS COSTS shall mean costs incurred for construction or
reconstruction of System Improvements, including design, acquisition, engineering and other costs,
and also including,without limitation, the type of costs described in I.C. § 50-1702(h), as amended,
to provide additional Public Facilities needed to service new growth and Development. For
clarification, System Improvements Costs do not include:
• Construction, acquisition or expansion of Public Facilities other than Capital
Improvements identified in the Capital Improvements Plan;
• Improvements,repair, operation or maintenance of existing or new capital;
• Upgrading, updating, expanding or replacing existing Capital Improvements to serve
existing development in order to meet stricter safety, efficiency, environmental or
regulatory standards;
• Upgrading, updating, expanding or replacing existing Capital Improvements to provide
better service to existing development;
• Administrative and operating costs of the EMS District unless such costs are attributable
to development of the Capital Improvements Plan, as provided in I.C. § 67-8208, as
amended; and
• Principal payments and interest or other finance charges on bonds or other indebtedness
except financial obligations issued by or on behalf of the EMS District to finance Capital
Improvements identified in the Capital Improvements Plan.
PART 3: CAPITAL IMPROVEMENTS PLAN
12-2-301: Proportionate Determination Methodology
EMS Impact Fees imposed by this Chapter are determined by the approved Capital Improvements
Plan and shall not exceed a Proportionate Share of the cost of the System Improvements determined in
accordance with I.C. § 67-8207, as amended. EMS Impact Fees shall be based on actual System
Improvements Costs or reasonable estimates of such costs, and shall be calculated using the
methodology contained in the Capital Improvements Plan which complies with the following:
A. Based on a reasonable and fair formula or method under which the impact fees imposed do
not exceed a Proportionate Share of the costs incurred or to be incurred by the EMS District in
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EMS District Development Impact Fees Ordinance
the provision of System Improvements to serve the new Development. The Proportionate
Share is the costs attributable to the new Development after the consideration of the
following:
1. Any appropriate credit, offset or contribution of money, dedication of land or
construction of System Improvements;
2. Payments reasonably anticipated to be made by or as a result of a new Development in
the form of user fees and debt service payments;
3. That portion of general tax or other revenues allocated by the EMS District to System
Improvements; and
4. All other available sources of funding for such System Improvements.
B. In determining the Proportionate Share of the cost of System Improvements to be paid by the
Developer, the following factors shall be considered and accounted for in the calculation of
the impact fees:
1. The costs of existing System Improvements within the Service Area;
2. The means by which existing System Improvements have been financed;
3. The extent to which the new Development will contribute to System Improvements costs
through taxation, assessments, or Developer or landowner contributions, or has
previously contributed to System Improvements costs through Developer or landowner
contributions;
4. The extent to which the new Development is required to contribute to the cost of existing
System Improvements in the future;
5. The extent to which the new Development should be credited for providing System
Improvements without charge to other properties within the Service Area;
6. Extraordinary Costs, if any, incurred in serving the new Development;
7. The time and price differential inherent in a fair comparison of fees paid at different
times; and
8. The availability of other sources of funding System Improvements including, but not
limited to, user charges, general tax levies, intergovernmental transfers, and special
taxation.
C. EMS Impact Fees shall be calculated on the basis of levels of service for Public Facilities
adopted in this Chapter that are applicable to existing Development as well as new growth
and Development. The construction, improvement, expansion or enlargement of new or
existing Public Facilities for which the impact fees are imposed must be attributable to the
capacity demands generated by the new Development.
12-2-302: Service Area
The Service Area includes all areas identified and defined in the approved Capital Improvements Plan.
12-2-303: Review and Modification of Capital Improvements Plan
The EMS District shall, at least once every five (5) years, commencing from the date of the original
adoption of the Capital Improvements Plan, review Development potential and update the Capital
Improvements Plan in cooperation with the City and in accordance with the procedures set forth in the
Act, as amended. Each update shall be prepared by the EMS District Impact Fee Administrator in
consultation with the Advisory Committee.
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EMS District Development Impact Fees Ordinance
PART 4 INTERGOVERNMENTAL AGREEMENT
12-2-401: Authority to Enter into Intergovernmental Agreements
The City is a governmental entity that is empowered by the Act to adopt development impact fee
ordinances and is authorized by I.C. § 67-8204A to enter into an Intergovernmental Agreement with
the EMS District for the purpose of developing joint plans for capital improvements and for the
purpose of agreeing to collect and expend development impact fees for System Improvements.
12-2-402: City and EMS District Intergovernmental Agreement
The City has entered into an Intergovernmental Agreement with the EMS District which
Intergovernmental Agreement is in full force and effect.
12-2-403: EMS District Subject to this Chapter
The Intergovernmental Agreement complies with this Chapter and requires the EMS District to be
governed by and to fully abide by the provisions of this Chapter.
12-2-404: Amendments to Intergovernmental Agreement
Any amendments to the Intergovernmental Agreement shall be implemented by corresponding
relevant amendments of this Chapter which amendments shall not apply to any EMS Impact Fees
previously collected not yet expended and currently held in the Trust Fund.
PART 5: IMPOSITION OF EMS IMPACT FEES AND PAYMENT
12-2-501: EMS Impact Fees Imposed
EMS Impact Fees are hereby imposed on all new Development within the Service Area, as defined in
the Capital Improvements Plan, in accordance with the impact fee schedules as set forth in this Part of
this Chapter.
12-2-502: Impact Fee Calculation
The EMS Impact Fees shall be calculated in accordance with the impact fee schedule set forth in the
Capital Improvements Plan which provides for standard fees based on the total number of dwelling
units or square feet of nonresidential space in the Development, unless:
A. The Fee Payer requests an individual assessment pursuant to Part 8 of this Chapter; or
B. The Development will have an Extraordinary Impact pursuant to Part 9 of this Chapter. The
methodology for determining the costs per Service Unit provided for in the fee schedule is
set forth in the Capital Improvements Plan.
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EMS District Development Impact Fees Ordinance
12-2-503: Impact Fees Schedule
The EMS Impact Fees for the various land uses per unit of Development are set forth in the following
impact fees schedule and shall take effect the 30th day following verification that all the incorporated
cities within Ada County have adopted ordinances in compliance with the Act to impose and collect
EMS Impact Fees. Notwithstanding anything to the contrary in this Chapter, no EMS Impact Fees
shall be imposed on new Development until the EMS Impact Fees take effect.
A. Impact Fees Schedule:
Residential (per Single Family Dwelling Unit) $ 175.00
Residential (per Multi-Family Dwelling Unit) $ 121.00
Non-Residential (per 1,000 retail square feet)* $ 273.00
Non-Residential (per 1,000 office square feet)* $ 105.00
Non-Residential (per 1,000 industrial square feet)* $ 47.00
Non-Residential (per 1,000 institutional square feet)* $ 104.00
* Prorated to the nearest square foot.
12-2-504: Developer's Election
Pursuant to the Act, a Developer shall have the right to elect to pay a Project's Proportionate Share of
System Improvements Costs by payment of an impact fee according to the Fee Schedule as full and
complete payment of the Development Project's Proportionate Share of System Improvements Costs,
except as provided in I.C. § 67-8214(3), as amended.
12-2-505: Procedures
The collection of EMS Impact Fees shall be in accordance with the following procedures:
A. Building Permit. Upon submittal of a complete application for a Building Permit for the
Development to the City, the City shall calculate the EMS Impact Fees due for the
Development in accordance with the Fee Schedule in section 12-2-503 of this Chapter unless
the Fee Payer requests an individual assessment or is the subj ect of a creditor the EMS District
Impact Fee Administrator determines that the Development may have Extraordinary Impact.
B. Exemption. An exemption pursuant to section 12-2-701 of this Chapter must be claimed by
the Fee Payer upon application for a Building Permit or manufactured home installation
permit. Any exemption not so claimed shall be deemed waived by the Fee Payer.
12-2-506: Certification of Impact Fees Due
After the EMS Impact Fees for a proposed Development have been calculated by the City pursuant to
the Fees Schedule or by the EMS District Impact Fee Administrator using the individual assessment
process,or there is a credit,or Extraordinary Impact,the Fee Payer may request from the EMS District
Impact Fee Administrator a certification of the amount of the EMS Impact Fee due for that
Development which shall be processed as follows:
A.Within thirty(30)days after receiving such request the EMS District Impact Fee Administrator
shall issue a written certification of the amount of the EMS Impact Fee due for the proposed
Development. Such certification shall establish the EMS Impact Fee so long as there is no
material change to the Project as identified in the individual assessment application, or the
impact fees schedule of the Capital Improvements Plan.
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EMS District Development Impact Fees Ordinance
B.The certification shall include an explanation of the calculation of the EMS Impact Fee,including
an explanation of factors considered under Idaho Code Section 67-8207, and shall also
specify the System Improvements for which the EMS Impact Fee is intended to be used.
C. The EMS District Impact Fee Administrator shall provide the certification to the Fee Payer
and the City.
12-2-507: Payment and Receipt of Fees
EMS Impact Fees shall be paid to the City at the following times:
A. Following application for a Building Permit and prior to the issuance of any Building Permit
for a dwelling unit or nonresidential building; or
B. At such other time as the Developer and the EMS District has agreed upon in writing with
advance notice to the City.
C. All EMS Impact Fees paid to the City pursuant to this Chapter and the Intergovernmental
Agreement shall then be timely delivered to the EMS District in accordance with the terms
of the Intergovernmental Agreement.
D. In the event EMS Impact Fees are paid directly to the EMS District,then the EMS District
Impact Fee Administrator shall immediately notify the City of such payment.
12-2-508: Payment Under Protest
A Fee Payer may pay an EMS Impact Fee under protest in order not to delay in the issuance of a Building
Permit by the City.A Fee Payer making a payment under protest shall not be estopped from exercising
the right to appeal provided herein,nor shall such Fee Payer be estopped from receiving a refund of any
amount deemed to have been improperly collected.
PART 6: CITY AND EMS DISTRICT IMPACT FEE ADMINISTRATOR POWERS
TO REQUIRE PAYMENT OF IMPACT FEES
12-2-601: EMS Impact Fee Payment Enforcement
When any EMS Impact Fee is due pursuant to this Chapter, or pursuant to the terms of any written
agreement between a Fee Payer and the EMS District and has not been paid in a timely manner,the City,
upon request from the EMS District Impact Fee Administrator,may exercise any or all of the following
powers as authorized by law, in any combination, to enforce the collection of the impact fee:
A. Withhold Building Permits or other Development Approval until all EMS Impact Fees due
have been paid.
B. Withhold utility services from the Development until all EMS Impact Fees due have been
paid.
C. Add interest to the EMS Impact Fees not paid at the legal rate provided for in I.C. § 28-22-
104, as amended, plus five (5) percent beginning on the date at which the payment of the
impact fees was due until paid in full.
D. Impose a penalty of one (1) percent of the total EMS Impact Fees (not merely the portion
dishonored, late or not paid in full) per month, beginning on the date at which the payment
of the EMS Impact Fees was due, until paid in full.
E. Impose a lien pursuant to the authority of I.C. § 67-8213(4)for failure to timely pay the EMS
Impact Fees following the procedures contained in Idaho Code Chapter 45, Chapter 5.
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PART 7: EXEMPTIONS
12-2-701: Exemptions
The provisions of this Chapter shall not apply to the following:
A. Rebuilding the same amount of floor space of a structure which is destroyed by fire or other
catastrophe, provided the structure is rebuilt and ready for occupancy within two
(2)years of its destruction; or
B. Remodeling or repairing a structure which does not increase the number of Service Units; or
C. Replacing a residential unit, including a Manufactured/Mobile Home, with another
residential unit on the same lot;provided that the number of Service Units does not increase;
or
D. Placing a temporary construction trailer or office on a lot; or
E. Constructing an addition on a residential structure which does not increase the number of Service
Units; or
F. Adding uses that are typically accessory to residential uses, such as a tennis court or a
clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on
the capacity of System Improvements; or
G. The installation of a Modular Building, Manufactured/Mobile Home, or Recreational
Vehicle if the Fee Payer can demonstrate by documentation, such as utility bills and tax
records, that either:
1. A Modular Building, Manufactured/Mobile Home, or Recreational Vehicle was legally
in place on the lot or space prior to the effective date of this Chapter; or
2. An EMS Impact Fee has been paid previously for the Modular Building,
Manufactured/Mobile Home, or Recreational Vehicle on that same lot or space.
H. Construction that would otherwise be subject to payment of the EMS Impact Fee pursuant to
this Chapter if undertaken by a taxing entity, as defined in section 63-201, Idaho Code, or by
an authorized public charter school,as defined in section 33-5202A,Idaho Code,in the course
of carrying out its statutory responsibilities.
12-2-702: Exemption Claim Process
An exemption from an EMS Impact Fee must be claimed on the application by the Developer or Fee
Payer upon submitting an application for a Building Permit or manufactured home installation permit.
Any exemption not so claimed shall be deemed waived by the Developer or Fee Payer. The City shall
refer exemption claims to the EMS District Impact Fee Administrator for determination.
PART 8: INDIVIDUAL ASSESSMENTS
12-2-801: Individual Assessment Process
Requests for individual assessment shall be processed in accordance with the following:
A. In lieu of calculating the amount of the EMS Impact Fee pursuant to section 12-2-503 and
the Capital Improvements Plan,a Fee Payer may file a request with the EMS District that the
amount of the required impact fee be determined by the EMS District Impact Fee
Administrator through an individual assessment for the proposed Development. A request
for an individual assessment process shall involve consideration of studies, data, and any
other relevant information submitted by the Fee Payer to adjust the amount of the EMS
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EMS District Development Impact Fees Ordinance
Impact Fee. If a Fee Payer files a request for the use of an individual assessment, the Fee
Payer shall be responsible for retaining a qualified professional to prepare the individual
assessment that complies with the requirements of this Chapter, at the Fee Payer's expense.
The Fee Payer shall, at the Fee Payer's expense, bear the burden of proving by clear and
convincing evidence that the resulting individual assessment complies with the requirements
of this Chapter. The Fee Payer shall bear the burden of proving by clear and convincing
evidence that the resulting individual assessment is a more accurate measure of its
Proportionate Share of the cost of System Improvements, based on the adopted Levels of
Service, than the impact fees that would otherwise be due pursuant to section 12-2-503 of
this Chapter and the Capital Improvements Plan.
B. Each individual assessment shall be based on the same Level of Service standards and unit
costs for System Improvements used in the Capital Improvements Plan, shall use an average
cost (not a marginal cost) methodology, and shall document the relevant methodologies and
assumptions used.
C. A request for an individual assessment shall be delivered and filed with the EMS District
Impact Fee Administrator at the time that the number of dwelling units in the proposed
Development and the types and amounts of Development in each nonresidential category
identified in section 12-2-503 of this Chapter and the Capital Improvements Plan is known.
The EMS District Impact Fee Administrator shall issue a written decision within thirty (30)
days following receipt of a completed request for individual assessment together with all
supporting information from the Fee Payer, so as not to unreasonably delay subsequent
applications to the City for Building Permits.
D. Each individual assessment request delivered to the EMS District Impact Fee Administrator
may then be accepted, rejected, or accepted with modifications by the EMS District Impact
Fee Administrator as the basis for calculating the impact fee. The criteria for acceptance,
rejection, or acceptance with modifications shall be whether the individual assessment is a
more accurate measure of demand for System Improvements created by the proposed
Development, or the costs of those facilities,than the applicable fees shown in section 12-2-
503 of this Chapter and the Capital Improvements Plan.
E. The decision by the EMS District Impact Fee Administrator on an application for an individual
assessment shall include an explanation of the calculation of the EMS Impact Fee, shall
specify the System Improvements for which the impact fee is intended to be used, and shall
include an explanation of those factors identified in I.C. § 67-8207.
F. If an individual assessment is accepted or accepted with modifications by the EMS District
Impact Fee Administrator, then the EMS Impact Fee due under this Chapter for such
Development shall be calculated and collected according to such individual assessment.
G. The EMS District Impact Fee Administrator shall provide notice of final determination of an
individual assessment to the Fee Payer and to the City.
PART 9: EXTRAORDINARY IMPACTS
12-2-901: Extraordinary Impact Determinations
Determinations of Extraordinary Impacts are made as follows:
A. In the event the City has reasonable cause to believe that a Development application may
involve Extraordinary Impacts; it will notify the EMS District Impact Fee Administrator.
B. The EMS District Impact Fee Administrator shall review and determine whether the
Development application will impose Extraordinary Impact.
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EMS District Development Impact Fees Ordinance
C. If the EMS District Impact Fee Administrator determines that a proposed Development
generates Extraordinary Impact that will result in extraordinary Systems Improvements
Costs, the EMS District Impact Fee Administrator will notify the Fee Payer of their
determination within thirty (30) days after the EMS District Impact Fee Administrator's
receipt of the Development application. Such notice shall include a statement that the
potential impacts of such Development on System Improvements are not adequately
addressed by the Capital Improvements Plan, and that a supplemental study, at the Fee
Payer's expense, will be required.
D. Circumstances that may lead to a determination of Extraordinary Impact include,but are not
limited to, an indication that the assumptions used in the Capital Improvements Plan
underestimate the level of activity or impact on EMS District Capital Facilities from the
proposed Development or activity.
E. Within thirty (30) days following the designation of a Development with Extraordinary
Impact,the EMS District Impact Fee Administrator shall meet with the Fee Payer to discuss
whether the Fee Payer wants to:
1. Pay for the supplemental study necessary to determine the System Improvements Costs
related to the proposed Development; or
2. Modify the Development application to avoid generating Extraordinary Impact; or
3. Withdraw the Development application.
F. If the Fee Payer agrees to pay for the supplemental study required to document the proposed
Development's Proportionate Share of System Improvements Costs, then the EMS District
and the Fee Payer shall jointly select an individual or organization acceptable to both to
perform such study. The Fee Payer shall enter into a written agreement with the individual
or organization to pay the costs of the study. Such agreement shall require the supplemental
study to be completed within thirty(30)days of such written agreement unless the Fee Payer
agrees to a longer time.
G. Once the study has been completed, the Fee Payer may choose to:
1. Pay the Proportionate Share of System Improvements Costs documented by the
supplemental study; or
2. Modify the proposed Development to reduce such costs; or
3. Withdraw the application.
H. If the Fee Payer agrees to pay the System Improvements Costs documented in the
supplemental study,that agreement shall be reduced to writing between the EMS District and
the Fee Payer, prior to review and consideration of any application for any Building Permit
related to the proposed Development.
I. Notwithstanding any agreement by the Fee Payer to pay the Proportionate Share of System
Improvements Costs documented by the supplemental study, nothing in this Chapter shall
obligate the City to approve Development that results in an Extraordinary Impact.
PART 10: DEVELOPER CREDITS AND REIMBURSEMENT
12-2-1001: Developer Credits and Reimbursement Process
When a Developer or their predecessor in interest has constructed System Improvements of the same
category as a Capital Improvements Element, or contributed or dedicated land or money towards the
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EMS District Development Impact Fees Ordinance
completion of System Improvements of the same category as a Capital Improvements Element,and the
EMS District has accepted such construction, contribution or dedication, the EMS District shall issue
a credit, in accordance with the provisions of this Chapter, against the EMS Impact Fees otherwise
due for the same Capital Improvements Element in connection with the proposed Development, as set
forth in this section. Credit shall be issued regardless of whether the contribution or dedication to
System Improvements was required as a condition of Development or was offered by the Developer
and accepted by the EMS District in writing, and regardless of whether the contribution or dedication
was contributed by the Developer or by a local improvement district controlled by the Developer.
12-2-1002: Credit Limitations
Credits against EMS Impact Fees shall not be given for:
A. Project Improvements; or
B. Any construction,contribution,or dedication not agreed to in writing by the EMS District prior
to commencement of the construction, contribution, or dedication. Credits issued for one
Capital Improvements Element may not be used to reduce the impact fee due for a different
capital improvement. No credits shall be issued for System Improvements contributed or
dedicated prior to the effective date of this Chapter.
12-2-1003: Valuation of Credit at Present Value
The valuation of System Improvements for credit against impact fees shall be in accordance with the
following:
A. Land. Credit for qualifying land dedications shall, at the Fee Payer's option, be valued at the
Present Value of:
1. One hundred (100) percent of the most recent assessed value for such land as shown in
the records of the Ada County Assessor; or
2. The fair market value established by a private appraiser acceptable to the EMS District
in an appraisal paid for by the Fee Payer.
B. Improvements.Credit for qualifying acquisition or construction of System Improvements shall
be valued by the EMS District at the Present Value of such improvements based on complete
engineering drawings, specifications,and construction cost estimates as submitted by the Fee
Payer. The EMS District Impact Fee Administrator shall determine the amount of credit due
based on the information submitted, or, if it is determined that such information is inaccurate
or unreliable, then on alternative engineering or construction costs acceptable to the EMS
District as a more accurate measure of the value of the offered System Improvements.
12-2-1004: When Credits become Effective
Credit against EMS Impact Fees become effective in accordance with the following:
A. Land. Approved credits for land dedications shall become effective when the land has been
conveyed to the EMS District, in a form acceptable, at no cost, and has been accepted by the
EMS District. Upon request of the Fee Payer,the EMS District shall issue a letter stating the
amount of credit available.
B. Improvements. Approved credits for acquisition or construction of System Improvements
shall generally become effective when (a) all required construction has been completed and
has been accepted by the EMS District, (b) a suitable maintenance and warranty bond has
been received and approved by the EMS District,and(c)all design, construction,inspection,
testing, bonding, and acceptance procedures have been completed in compliance with all
applicable requirements. Upon request of the Fee Payer,the EMS District shall issue a letter
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stating the amount of credit available.
12-2-1005: Credit Request Procedures
The following are the procedural requirements for the processing of credit against EMS Impact Fees:
A. Request. In order to obtain a credit against EMS Impact Fees otherwise due,a Fee Payer shall
submit to the EMS District Impact Fee Administrator a written request to dedicate specific
parcels of qualifying land or a written offer to contribute or construct specific System
Improvements to the EMS District Capital Facilities in accordance with all applicable state
and local governmental design and construction standards, and shall specifically request a
credit for the land dedication or System Improvements offered.
B. Review. After receipt of the written request for credit, the EMS District Impact Fee
Administrator shall review the request and determine whether the land or System
Improvements offered for credit will reduce the costs of providing EMS District Capital
Facilities by an amount at least equal to the value of the credit.If the EMS District Impact Fee
Administrator determines that the offered credit satisfies those criteria and will be acceptable
to the EMS District Board of Commissioners, then the credit shall be issued. The review and
determination of a written request for credit shall be completed by the EMS District Impact
Fee Administrator within thirty(30) days after receipt of a written offer and application for
credit.
C. Credits exceeding fee amounts due. If the credit due to a Fee Payer exceeds the EMS Impact
Fees that would otherwise be due from the Fee Payer pursuant to this Chapter (whether
calculated pursuant to section 12-2-503 of this Chapter or through an independent
assessment), the Fee Payer may choose to receive such credit in the form of either:
1. A credit against future EMS Impact Fees due for the same System Improvements; or
2. A reimbursement from EMS Impact Fees paid by future Development that impacts the
System Improvements contributed or dedicated by the Fee Payer.Unless otherwise stated
in an agreement with the Fee Payer,the EMS District shall be under no obligation to use
any of its funds other than EMS Impact Fees paid by other
Development for the same System Improvements to reimburse the Fee Payer for any
credit in excess of the impact fees that are due.
D. If credit or reimbursement is due to the Fee Payer pursuant to this section, the EMS District
shall enter into a written agreement with the Fee Payer, negotiated in good faith,prior to the
contribution, dedication, or funding of the System Improvements giving rise to the credit.
The agreement shall provide for the amount of credit or the amount of time and form of
reimbursement, and shall have a term not exceeding ten(10) years.
E. The EMS District Impact Fee Administrator's determination on the written request for credit
shall be provided to the Fee Payer, City, and the EMS District Board of Commissioners.
PART 11: IMPACT FEE PAYMENT MISTAKE OR MISREPRESENTATION
12-2-1101: Incorrect EMS Impact Fee Payment
If EMS Impact Fees are calculated and paid based on a mistake or misrepresentation, they shall be
recalculated.Any amounts overpaid by a Fee Payer shall be refunded by the EMS District within thirty
(30) days after the acceptance of the recalculated amount, with interest at the legal rate provided for
in I.C. § 28-22-104 from the date on which the fee was paid. Any amounts underpaid by the Fee Payer
shall be paid to the EMS District, within thirty (30) days after the EMS District Impact Fee
Administrator's acceptance of the recalculated amount, with interest at the legal rate provided for in
I.C. § 28-22-104 from the date on which the fee was paid. In the case of an underpayment of EMS
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EMS District Development Impact Fees Ordinance
Impact Fees, the EMS District Impact Fee Administrator may request the City and the City may
withhold issuance of Building Permits or other Development Approvals for the Project for which the
impact fees were paid until such underpayment is corrected, and if amounts owed are not paid within
such thirty-day period,the EMS District Impact Fee Administrator may also ask the City to revoke any
Building Permits or other Development Approvals issued in reliance on the previous payment of such
EMS Impact Fees and refund such fees to the Fee Payer.
PART 12: REFUNDS
12-2-1201: Duty to Refund
EMS Impact Fees shall be refunded to the Fee Payer, or to a successor in interest, in the following
circumstances:
A. Service is available but never provided; or
B. A Building Permit or permit for installation of a manufactured home is denied by the City or
abandoned; or
C. The Fee Payer pays EMS Impact Fees under protest and a subsequent review of the fee paid
or the completion of an individual assessment determines that the fee paid exceeded the
Proportionate Share to which the EMS District was entitled to receive; or
D. The EMS District collected the EMS Impact Fees and failed to Appropriate or expend the
collected fees pursuant to this Chapter and the Act.
12-2-1202: Time for Expenditure; Refund Requirement
Any EMS Impact Fees paid shall be refunded if the EMS District has failed to commence construction
of System Improvements in accordance with this Chapter, or to Appropriate funds for such
construction,within eight(8)years after the date on which such impact fees were collected.Any refund
due shall be paid to the owner of record of the parcel for which the impact fees were paid. The EMS
District may hold EMS Impact Fees for longer than eight (8) years if it is identified in writing and in
written notice to the owner of record of the parcel identifying:
A. A reasonable cause for why the EMS Impact Fees should be held longer than eight(8)years;
and
B. An anticipated date by which the EMS Impact Fees will be expended,but in no event greater
than eleven(11) years from the date the impact fees were collected.
1. If the EMS District fails to comply with subsection (A) or (B), fails to commence
construction of System Improvements in accordance with the written notice, or fails to
Appropriate funds for such construction on or before the date identified in the written
notice, then any EMS Impact Fees so identified shall be refunded to the Fee Payer or to
a successor in interest.
12-2-1203:No Refund Due for Subsequent Reduction in Size of Development or Service Units
After EMS Impact Fees have been paid pursuant to this Chapter and after a certificate of occupancy
has been issued by the City, no refund of any part of such fee shall be made if the Project for which
the fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to
reduce the size of the Project or the number of units in the Project.
12-2-1204: Interest
Each refund shall include a refund of interest at one-half the legal rate provided for in I.C. § 28-22-
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EMS District Development Impact Fees Ordinance
104 from the date on which the EMS Impact Fee was originally paid.
12-2-1205: Timing
The EMS District Impact Fee Administrator shall make a determination of whether a refund is due
within thirty (30) days after receipt of a written request for a refund from the owner of record of the
property for which the fee was paid. When the right to a refund exists,the EMS District shall send the
refund to the owner of record within ninety(90) days after it determines that a refund is due.
PART 13: DEVELOPMENT IMPACT FEE CAPITAL PROJECTS TRUST FUND -
EXPENDITURES, BUDGET,AUDIT,AND SURCHARGE
12-2-1301: Establishment of Development Impact Fee Capital Projects Trust Fund by EMS
District
The EMS District shall establish a Trust Fund for the purpose of ensuring that all EMS Impact Fees
collected pursuant to this Chapter are used to address impacts reasonably attributable to new
Development for which the impact fees are paid. The Trust Fund shall be maintained in one (1) or
more Accounts. All funds in all Accounts in the Trust Fund shall be maintained in an interest-bearing
account. The interest earned on each Account pursuant to I.C. § 67-8210(1) shall not be governed by
I.C. § 57-127, as amended,but shall be considered funds of the Account and shall be subject to the same
restrictions on uses of funds as the impact fees on which the interest is generated.
12-2-1302: Trust Fund Deposits and Accounting
All monies paid by a Fee Payer, pursuant to this Chapter, shall be identified as EMS Impact Fees and
shall be promptly deposited by the EMS District Impact Fee Administrator in the appropriate Account
of the Trust Fund.
A. First-in/first-out. Monies in each Account shall be spent in the order collected, on a first-
in/first-out basis.
B. Maintenance ofRecords. The EMS District shall maintain and keep accurate financial records
for each Account that shall show the source and disbursement of all revenues, account for all
monies received, 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 provide an annual accounting for each Account showing the source and amount of
all funds collected and the Projects that were funded.
C. Accounting Principles. The calculation of impact fees shall be in accordance with generally
accepted accounting principles. Impact fees shall not be deemed invalid because payment of
impact fees may result in an incidental benefit to owners or Developers within the Service
Area other than the Fee Payer.
12-2-1303: Expenditure Eligibility
Expenditures of EMS Impact Fees collected and deposited in the Trust Fund shall be made only for
System Improvements within the Service Area for which the impact fees were collected in accordance
with the Capital Improvements Plan.
12-2-1304: Annual Capital Budget
The EMS District shall annually adopt a capital budget in accordance with the Act.
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EMS District Development Impact Fees Ordinance
12-2-1305: Monies in Trust Fund not Expended Carried Over from Fiscal Year to Fiscal
Year
Any monies,including any accrued interest,not assigned to specific System Improvements within such
Capital Improvements Plan and not expended or refunded shall be retained in the same Account until
the next fiscal year.
12-2-1306: Annual Audit Report
As part of their annual audit process, the EMS District shall prepare an annual report:
A. Describing the amount of all EMS Impact Fees collected, appropriated, or spent during the
preceding year by category of Public Facility and Service Area; 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 year by
category of Public Facility and Service Area.
12-2-1307: Surcharge Reimbursement
A portion of each EMS Impact Fee collected pursuant to this Chapter shall be designated as a surcharge
for reimbursement for the cost of preparing the Capital Improvements Plan in accordance with I.C. §
67-8208. The surcharge shall not exceed the Development's Proportionate Share of the cost of
preparing the Capital Improvements Plan.
PART 14: APPEALS/MEDIATION
12-2-1401: Appeals to EMS District Board of Commissioners
Any Fee Payer who is or may be obligated to pay an EMS Impact Fee under this Chapter who claims
a right to receive a refund, reimbursement, exemption, or credit under this Chapter or is otherwise
dissatisfied with a decision made by the EMS District Impact Fee Administrator in applying this
Chapter, may appeal such decision to the EMS District Board of Commissioners in accordance with
Interagency Agreement and the following process:
A. The Fee Payer shall have the burden of demonstrating that the decision was in error.
B. In order to pursue the appeal described in this subsection, the Fee Payer shall file a written
notice of appeal with the EMS District Impact Fee Administrator within thirty (30) days
after the date of the EMS District Impact Fee Administrator's decision, or the date on which
the Fee Payer submitted a payment of the EMS Impact Fees under protest, whichever is
later. Such written notice of appeal shall include a statement describing why the Fee Payer
believes that the appealed decision was in error,together with copies of any documents that
the Fee Payer believes support the claim.
C. The EMS District Board of Commissioners shall hear the appeal within sixty(60)days after
receipt of a written notice of appeal. The Fee Payer shall have a right to be present and to
present evidence in support of the appeal. The EMS District Impact Fee
Administrator shall likewise have the right to be present and to present evidence in support
of their decision. The criteria to be used by the EMS District Board of Commissioners in
considering the appeal shall be whether:
1. The decision or interpretation made by the EMS District Impact Fee Administrator or the
alternative decision or interpretation offered by the Fee Payer more accurately reflects
the intent of this Chapter that new Development in the Service Area pay its Proportionate
Share of the costs of System Improvements to the EMS District's facilities necessary to
serve new Development and whether the provisions of this Chapter have been correctly
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EMS District Development Impact Fees Ordinance
applied. The EMS District Board of Commissioners shall issue a decision upholding,
reversing, or modifying the decision being appealed within thirty(30) days after hearing
the appeal.
12-2-1402: Appeals to City Council
Any Fee Payer who is or may be obligated to pay an EMS Impact Fee which is established by the City
and is subject to an Intergovernmental Agreement, and who claims a right to receive a refund,
reimbursement, exemption, or credit under this Chapter or is otherwise dissatisfied with a decision
made by the EMS District Impact Fee Administrator or the decision of the EMS District Board of
Commissioners in applying this Chapter, may appeal such decision to the City Council.
A. The Fee Payer shall have the burden of demonstrating that the EMS District Impact Fee
Administrator's or the EMS District Board of Commissioners' decision was in error.
B. In order to pursue the appeal described in this subsection, the Fee Payer shall file a written
notice of appeal with the City Clerk within thirty(30) days after the date of the EMS District
Board of Commissioners' decision. Such written notice of appeal shall include a statement
describing why the Fee Payer believes that the appealed decision of the EMS District Impact
Fee Administrator or the EMS District Board of Commissioners was in error, together with
copies of any documents that the Fee Payer believes support the claim. The City Clerk shall
within three (3) business days deliver the notice of appeal together with copies of any
documents filed with it to the EMS District Impact Fee Administrator.
C. The City Council shall hear the appeal within sixty (60) days after receipt by the City Clerk
of a written notice of appeal. The Fee Payer shall have a right to be present and to present
evidence in support of the appeal. The EMS District Impact Fee Administrator or designee
shall likewise have the right to be present and to present evidence in support of the decision.
The criteria to be used by the City Council in considering the appeal shall be whether:
1. The decision or interpretation made by the EMS District Impact Fee Administrator or the
EMS District Board of Commissioners' decision on appeal or the alternative decision or
interpretation offered by the Fee Payer more accurately reflects the intent of this Chapter
that new Development pay its Proportionate Share of the costs of System Improvements
to facilities necessary to serve new Development and whether the provisions of this
Chapter have been correctly applied. The City Council shall issue a decision upholding,
reversing, or modifying the decision being appealed within thirty(30) days after hearing
the appeal.
12-2-1403: Mediation
Any Fee Payer that has a disagreement with the EMS District Impact Fee Administrator regarding an
impact fee determination that is or may be due for a proposed Development pursuant to this Chapter
may enter into a voluntary agreement with the EMS District to submit the disagreement to mediation
by a qualified independent party acceptable to both the Fee Payer and the EMS District.
A. Mediation may take place at any time following the filing of a timely appeal pursuant to
sections 12-2-1401 and 12-2-1402, or as an alternative to such appeal, provided that the
request for mediation is filed no later than the last date on which a timely appeal could be
filed pursuant to section 12-2-1402. Applicable time periods provided in sections 12-2-1401
and 12-2-1402 are tolled during mediation.
B. Participation in mediation does not preclude the Fee Payer from pursuing other remedies
provided for in I.C. § 67-8212.
C. If mediation is requested, any related mediation costs shall be shared equally by the Fee Payer
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EMS District Development Impact Fees Ordinance
and the EMS District, and a written agreement regarding the payment of such costs shall be
executed prior to the commencement of mediation.
D. In the event that mediation does not resolve the issues,the Fee Payer retains all rights to seek
relief from a court of competent jurisdiction.
PART 15: MISCELLANEOUS PROVISIONS
12-2-1501: No Requirement of the City to Approve Extraordinary Impact Development
Nothing in this Chapter shall obligate the City to approve Development which results in an
Extraordinary Impact.
12-2-1502: City Not Obligated to Approve Development that Reduces Levels of Service
Nothing in this Chapter shall obligate the City to approve any Development request which may
reasonably be expected to reduce levels of service below minimum acceptable levels established in
this Chapter.
12-2-1503: No Additional Right to Develop Created by this Chapter
Nothing in this Chapter shall be construed to create any additional right to develop real property or
diminish the City in regulating the orderly development of real property within its boundaries.
12-2-1504: No Limit on City's Authority
Nothing in this Chapter limits the use of the City's power of eminent domain or supersedes or conflicts
with requirements or procedures authorized in the Idaho Code for local improvement district or general
obligation bond issues.
12-2-1505: Agreements Between Property Owners, Idaho Transportation Department (ITD),
and other Governmental Entities for Construction or Installation of System Improvements
Nothing in this Chapter shall be construed to prevent or prohibit private agreements between property
owners or Developers, the Idaho Transportation Department, and governmental entities in regards to
the construction or installation of System Improvements or providing for credits or reimbursements
for System Improvements Costs incurred by a Developer including inter-project transfers of credits or
providing for reimbursement for Project Improvements which are used or shared by more than one(1)
Development Project.
12-2-1506: Plan for Alternative Sources of Revenue
The EMS District shall develop a plan for alternative sources of revenue, which shall include but not
necessarily be limited to a plan generated during its annual budget process. These alternative sources
of revenue may include tax increment financing, user fees, administrative and regulatory fees, and
other forms of revenue.
12-2-1507: Safety Codes and Other Rules Applicable to Project Improvements
Nothing in this Chapter shall prevent the City from requiring a Developer to construct reasonable
Project Improvements, as are required by applicable safety codes and other rules that are adopted
which it has jurisdiction to enforce in conjunction with a Development.
12-2-1508: Development Approved by the City Prior to the Effective Date of this Chapter Not
Subject to EMS Impact fees
Notwithstanding any other provision(s) of this Chapter,that portion of a Project for which a complete
application for a Building Permit has been received by the City, prior to the effective date of this
Chapter, shall not be subject to an EMS Impact Fee imposed by this Chapter. If the resulting Building
Permit is later revised or replaced after the effective date of the ordinance codified in this Chapter, and
22
EMS District Development Impact Fees Ordinance
the new Building Permit(s) reflects a Development with density, intensity, size or number of units
more than ten (10) percent higher than reflected in the original Building Permit, then the impact fee
may be charged on the difference in density,intensity,size or number of units between the original and
the revised or replacement Building Permit.
12-2-1509: Punishment
Violation of this Chapter shall be subject to those remedies provided in this Code. Knowingly
furnishing false information to any official of the City or EMS District charged with the administration
of this Chapter on any matter relating to the administration of this Chapter including, without
limitation, the furnishing of false information regarding the expected size or use of a proposed
Development, shall be a violation of this Chapter.
12-2-1510: Liberal Construction
All provisions, terms, phrases, and expressions contained in this Chapter shall be liberally construed
in order that the true intent and meaning of the Act may be fully carried out by the City Council and
the EMS District Board of Commissioners.
SECTION 2: ORDINANCE LIMITED
This ordinance is limited to Title 12, Chapter 2, of the Meridian City Code only. All other provisions of the
Meridian City Code shall remain unchanged.
SECTION 3: EFFECTIVE DATE OF ORDINANCE
This ordinance shall take effect and be in full force and effect on the 301" day following its passage,
approval, and publication.
PASSED by the City Council of the City of Meridian, Idaho, this 7th day of July, 2026.
APPROVED by the Mayor of the City of Meridian, Idaho,this 7th day of July,2026.
APPROVED: ATTEST:
Robert E. Simison, Mayor Chris Johnson, City Clerk
23
EMS District Development Impact Fees Ordinance
i
i
i
CERTIFICATION OF SUMMARY:
William L. M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary
below is true and complete and upon its publication will provide adequate notice to the public.
William L. M.Nary
SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 26-2127
An ordinance amending the Meridian City Code by the addition thereto of a new Chapter 2 to Title 12
called "Ada County Emergency Medical Services District Development Impact Fees" that provides for a
short chapter title; authority, findings, applicability, and purpose; definitions; capital improvements plan;
periodic review of capital improvements plan; intergovernmental agreement; imposition of impact fees
and payment; enforcement and collection; impact fee administrator and City powers to require payment
of impact fees; development impact fee(s) exemptions; process for individual assessment; extraordinary
impacts; developer credits and reimbursements; impact fee payment mistake or misrepresentation; fee
payer refunds; development impact fee capital projects trust fund, expenditures, budget, audit, and
surcharge; appeals and mediation; miscellaneous provisions; punishment for violations; construction of
ordinance intent; ordinance limitations; and an effective date.A full text of this ordinance is available for
inspection at City Hall, City of Meridian, 33 East Broadway Avenue,Meridian, Idaho.
24
EMS District Development Impact Fees Ordinance
IDAHO ADVERTISING PROOF
PRESS c/o ISj Payment Processing Center
PO Box 1570,
Pocatello,ID 83204
Local News Worth Holding meridian-keno pres< Ph. (208)465-8129 Fax: (907)452-5054
BOISE �� Emmett
WEEKLY � Index Messenger
BILLING DATE: ACCOUNT NO. LEGAL NOTICE
07/09/26 21410 SUMMARY OF CITY OF
MERIDIAN ORDINANCE NO.
26-2127
An ordinance amending the
MERIDIAN, CITY OF Meridian City Code by the ad-
33 E. BROADWAY AVENUE dition thereto of a new Chapter
MERIDIAN, ID 83642 2 to Title 12 called'Ada County
Emergency Medical Services
District Development Impact
Fees"that provides for a short
chaptertitle;authority,findings,
applicability, and purpose;
definitions; capital improve-
AD# DESCRIPTION START STOP TIMES AMOUNT ments plan; periodic review
of capital improvements plan;
760687 Ord No. 26-2127 07/14/26 07/14/26 2 $44.78 intergovernmental agreement;
imposition of impact fees and
payment; enforcement and
collection; impact fee admin-
istrator and City powers to
require payment of impact
fees; development impact
fee(s) exemptions; process
for individual assessment; ex-
traordinary impacts;developer
credits and reimbursements;
impact fee payment mistake
or misrepresentation;fee pay-
er refunds; development im-
pact fee capital projects trust
fund, expenditures, budget,
audit, and surcharge; appeals
and mediation; miscellaneous
provisions; punishment for
violations; construction of or-
dinance intent; ordinance lim-
itations;and an effective date.
A full text of this ordinance is
available for inspection at City
Hall, City of Meridian,33 East
Broadway Avenue, Meridian,
Idaho.
July 14,2026 760687
Payments:
Date Method Card Type Last 4 Digits Check Amount
Discount: $0.00 Gross:$44.78
Surcharge: $0.00 Paid Amount:$0.00
Credits: $0.00
Amount Due:$44.78
We Appreciate Your Business!
AD#760687
Docusign Envelope ID: DB97F6ED-5C29-86DA-814E-A04662AC0190
DISTRICT AGREEMENT NO. 31569
ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF
MERIDIAN INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY
EMERGENCY MEDICAL SERVICES DISTRICT ON DEVELOPMENT WITHIN THE
MUNICIPAL BOUNDARIES OF THE CITY OF MERIDIAN
[Idaho Code § 67-8204A]
Parties to Agreement:
Ada County Emergency Medical District Ada County Emergency Medical
Services District Services District
c/o Director of Ada County
Development Services
200 W. Front St., Room 2119
Boise, ID 83702
City of Meridian City City of Meridian
Attn: City Clerk
33 E. Broadway Ave.
Meridian, ID 83642
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into by
and between Ada County Emergency Medical Services District, a duly formed and existing
ambulance service district ("District") and the City of Meridian, an Idaho municipal corporation
("City") as an Intergovernmental Agreement as provided for in Idaho Code § 67-8204A effective
on the Effective Date. The District or City may also be referred to herein as"Party" or"Parties."
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:
].I Act: Means and refers to the Idaho Development Impact Fee Act, Chapter 82, Title 67,
Idaho Code, as it may be amended or restated from time to time.
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY EMERGENCY MEDICAL
SERVICES DISTRICT ON DEVELOPMENT WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MERIDIAN—PAGE I
Docusign Envelope ID: DB97F6ED-5C29-86DA-814E-A04662AC0190
1.2 Advisory Committee: Means and refers to the Ada CountylAda County Ambulance
District Development Impact Fee Advisory Committee established by the District pursuant
to sections 67-8205 and 67-8206(2), Idaho Code, which shall serve as the development
impact fee advisory committee pursuant to Idaho Code § 67-8205(3) to prepare and
recommend the Capital Improvements Plan ("CIP") and any amendments, revisions, or
updates of the same.
1.3 Agreement: Means and refers to this Ada County Emergency Medical Services District
and City of Meridian Intergovernmental Agreement for the Collection and Expenditure of
Development Impact Fees for the Ada County Emergency Medical Services District on
Development within the Municipal Boundaries of the City of Meridian which provides for
the collection of development impact fees.
1.4 Capital Improvements Plan and/or CIP: Means and refers to the most recent EMS
Capital Improvement Plan and Development Impact Fee Study prepared for and adopted
by the District pursuant to the Act.
1.5 City: Means and refers to City of Meridian, Party to this Agreement.
1.6 Development: Means and refers to any construction or installation of a building or
structure, or any change in use of a building or structure, or any change in the use,
character or appearance of land, which creates additional demand and need for Public
Facilities or the subdivision of property that would permit any change in the use,
character or appearance of land. As used herein, "development" shall not include
activities that would otherwise be subject to payment of the development impact fee if
such activities are undertaken by a taxing district, as defined in section 63-201, Idaho
Code, or by an authorized public charter school, as defined in section 33-5202A, Idaho
Code, in the course of carrying out its statutory responsibilities, unless the adopted
impact fee ordinance expressly includes taxing districts or public charter schools as
being subject to development impact fees.
1.7 District: Means and refers to the Ada County Emergency Medical Services District, Party
to this Agreement.
1.8 Effective Date: Means and refers to the effective date of this Agreement, which shall be
the same date as the effective date of the Ordinance.
1.9 EMS Impact Fees: Means and refers to EMS development impact fees imposed pursuant
to the Ordinance.
1.10 EMS Capital Projects Fund: Means and refers to the Ada County Emergency .Medical
Services District Development Impact Fee EMS Capital Projects Fund established by the
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY EMERGENCY MEDICAL
SERVICES DISTRICT ON DEVELOPMENT WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MERIDIAN—PAGE 2
Docusign Envelope ID: DB97F6ED-5C29-86DA-814E-A04662AC0190
District pursuant to the Ordinance and pursuant to Idaho Code § 67-8210(1).
1.11 Ordinance: Means and refers to the Ada County Emergency Medical Services District
Development Impact Fees Ordinance enacted by the City Council of the City pursuant to
the Act and pursuant to this Agreement.
1.12 Party/Parties: Means and refers to the City and/or the District, as the Parties in this
Agreement, depending upon the context of the term used in this Agreement.
1.13 Public Facilities: Means and refers to the definition for Public Facilities in Idaho Code §
67-8203(24)
1.14 Service Area: Means and refers to a service area as defined in the Act at Idaho Code §
67-8203(26) and specifically as defined in the adopted Capital Improvements Plan which
includes all of the geographic area of Ada County including the geographic area within the
municipal boundaries of the City.
1.15 System Improvements: Means and refers to capital improvements to Public Facilities
designed to provide service to a service area as defined in the Act at Idaho Code §
67-8203(28).
SECTION 2
RECITALS
2.1 The Purpose of this Agreement is to facilitate the intent and purpose of the Capital
Improvements Plan to promote and accommodate orderly growth and development,
protect the public health, safety, and general welfare of the residents within the District
and within the boundaries of the City, and to further the best interests of the Parties.
2.2 The City is empowered to impose and collect development impact fees pursuant to the
provisions of Idaho Code §§ 67-8202(5) &67-8203(14).
2.3 The District and City are experiencing considerable new growth and development,which
new growth affects the ability of the District to provide adequate EMS Public Facilities
for residents of the District which includes residents living within the municipal limits of
the City and the ability of the District to provide such adequate Public Facilities to all
residents of the District jointly affects both the District and City.
2.4 Idaho Code § 67-8204A provides that the City has the authority to enter into an
intergovernmental agreement with the District for the purpose of agreeing to collect and
expend development impact fees for system improvements when they are jointly affected
by development.
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY EMERGENCY MEDICAL
SERVICES DISTRICT ON DEVELOPMENT WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MERIDIAN—PAGE 3
Docusign Envelope ID: DB97F6ED-5C29-86DA-814E-A04662AC0190
2.5 The 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
Advisory Committee the members of which were appointed by District pursuant to Idaho
Code §§ 67-8205 and 67-8206(2).
2.6 The City Council of the City has adopted the Capital Improvements Plan in accordance
with the Act.
2.7 The Ordinance will provide, as required by Idaho Code Section 67-8210, that all EMS
Development Impact Fees,collected pursuant to the Ordinance,shall be maintained in one
(1) or more interest-bearing accounts within the EMS Capital Projects Fund, which this
Agreement provides for.
2.8 The City desires to aid the District in the provision of the Public Facilities by adopting the
Capital Improvements Plan and by the adoption of the Ordinance.
2.9 That by reason above stated, the Parties have determined it is necessary and desirable to
enter into this Agreement.
SECTION 3
EMS CAPITAL PROJECTS FUND
3.1 EMS Capital Projects Fund Name: The District shall establish and maintain the EMS
Capital Projects Fund; and
3.2 Deposits to the EMS Capital Projects Fund Accounts: EMS Impact Fees collected by
the City pursuant to the Ordinance and transferred to the District shall be maintained by
the District and deposited proportionately to the accounts of the EMS Capital Projects
Fund; and
3.3 Interest Bearing EMS Capital Projects Fund Accounts: The District shall establish and
maintain the EMS Capital Projects Fund accounts as interest-bearing accounts; and
3.4 EMS Capital Projects Fund Accounts Accounting: The District shall account for the
EMS 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; and
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); and
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY EMERGENCY MEDICAL
SERVICES DISTRICT ON DEVELOPMENT WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MERIDIAN—PAGE 4
Docusign Envelope ID: DB97F6ED-5C29-86DA-814E-A04662AC0190
3.4.3 All EMS Impact Fees in all EMS Capital Projects Fund Accounts shall be
maintained in interest-bearing accounts. 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 and shall be considered funds of each account and shall
be subject to the same restrictions on uses of collected EMS Impact Fees on which
the interest is generated; and
3.4.4 First-inlFirst-out. All EMS Impact Fees in each account shall be spent in the order
collected, on a first-in/first-out basis; and
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,account for all
EMS Impact Fees monies received,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 PIan, and provide an annual accounting of the EMS
Capital Projects Fund accounts showing the source and amount of all Impact Fees
collected and the projects that were funded.
3.5 EMS Capital Projects Fund Accounts Audit: The District shall perform and prepare an
annual report including an audit of the EMS Capital Projects Fund: (a) describing the
amount of all EMS 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 EMS Impact Fees collected, appropriated,or spent for System
Improvements during the preceding fiscal year under the System Improvements category
of public facility and the Service Area. A copy of this audit shall be provided to the City;
and.
3.6 EMS Capital Projects Fund Accounts Expenditures: Distribution from the EMS Capital
Projects Fund, except for a Fee Payer Reimbursement or Fee Payer Refund made pursuant
to the Ordinance and this Agreement, shall be in accordance with Idaho Code § 67-8210.
SECTION 4
IMPACT FEE PAYMENT
4.1 General Rule - Building Permit Issuance: The City will collect EMS Impact Fees at
the time of,and as a condition of,the issuance of a building permit or manufactured home
installation permit for any Development for which an impact fee is due under the
Ordinance unless the applicant and the District inform the City that they have agreed to
defer collection to a later date pursuant to Idaho Code § 67-8204(3), in which case the
District or City will collect the EMS Impact Fee at the deferred date the applicant and
District have agreed to.
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY EMERGENCY MEDICAL
SERVICES DISTRICT ON DEVELOPMENT WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MERIDIAN—PAGE 5
Docusign Envelope ID: DB97F6ED-5C29-86DA-814E-A04662AC0190
SECTION 5
DELIVERY OF EMS IMPACT FEES AND ADMINISTRATIVE FEES
5.1 Administrative Fee and Remittance of Fees to District: The District agrees to pay the
City an administrative fee, if any,for the collection and remittance of the EMS Impact Fees
which the Parties establish by entering into the City Administrative Fee Addendum to this
Agreement using the form which is attached and marked Appendix 1.
SECTION 6
SERVICE AREA
6.1 Idaho Code § 67-8203(26) provides that the Parties can identify a geographic area by
an intergovernmental agreement in which specific Public Facilities such as emergency
medical facilities (Idaho Code§ 67-8203(24)(f))provide service to development within
that geographic area on the basis of sound planning or engineering principles or both.
6.2 The adopted Capital Improvements Plan defines the Service Area which includes all the
area within the City.
SECTION 7
COVENANTS OF PERFORMANCE SPECIFIC TO THE DISTRICT
The District shall at all times:
7.1 Abide by the terms and conditions required of the District as set forth in the Ordinance and
any amendments to the same; and
7.2 Maintain and staff the position of District Impact Fee Administrator to manage and perform
the duties and responsibilities of the District Impact Fee Administrator as set forth in the
Ordinance; and
7.3 Establish and maintain the EMS Capital Projects Fund in accordance with the terms and
conditions of this Agreement,the Ordinance and the provisions of Idaho Code Section 67-
8210 and any amendment or recodifcation of the same; and
7.4 Pay the following costs:
7.4.1 Costs associated with (a) preparing and updating the Capital Improvements Plan
and (b) the Advisory Committee's periodic review of the Capital Improvements
Plan; and
7.4.2 Costs of drafting and publication of the Ordinance and any amendment or repeal of
the same as may be requested by the District; and
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY EMERGENCY MEDICAL
SERVICES DISTRICT ON DEVELOPMENT WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MERIDIAN—PAGE 6
Docusign Envelope ID: DB97F6ED-5C29-86DA-814E-A04662AC0190
7.4.3 Costs of drafting this Agreement and any amendment or termination of the same as
may be requested by the District; and
7.4.4 Costs associated with the District's performance of this Agreement; and
7.4.5 Costs associated with an appeal of a claim of exemption; and
7.4.6 Legal costs and fees of any action brought by a Fee Payer or Developer involving
a determination of the District under the provisions of the Ordinance.
7.5 Be solely responsible for the District's performance of the terms and conditions required
of it by the Ordinance and by this Agreement.
SECTION 8
COVENANTS OF PERFORMANCE SPECIFIC TO THE CITY
The City shall:
8.1 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
8.2 Manage and perform the duties and responsibilities of the City as set forth in the Ordinance;
and
8.3 Abide by the terms and conditions required of the City as set forth in the Ordinance and
any amendments to the same, including the calculation and collection of EMS Impact Fees
in accordance with the terms of the Ordinance; and
8.4 Remit all EMS Impact Fees collected by the City to the District for deposit in the EMS
Capital Projects Fund in accordance with the terms and conditions of this Agreement, the
Ordinance and the provisions of Idaho Code Section 67-8210; and
8.5 Be solely responsible for the City's performance of the terms and conditions required of it
by the Ordinance and by this Agreement.
SECTION 9
ADMINISTRATIVE STAFFING
9.1 The administration and performance by the City of this Agreement and the Ordinance
shall be under the direction of the Director of Community Development; and
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY EMERGENCY MEDICAL
SERVICES DISTRICT ON DEVELOPMENT WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MERIDIAN—PAGE 7
Docusign Envelope ID: DB97F6ED-5C29-86DA-814E-A04662AC0190
9.2 The administration and performance by the District of this Agreement and the Ordinance
shall be under the direction of the District Impact Fee Administrator.
SECTION 10
INDEMNIFICATION
10.1 Except as otherwise provided in Section 10.2,to the extent permitted by law,the District shall
defend, indemnify, and hold harmless the City, its officers, agents, and employees from all
claims, actions,damages,judgments,costs,and expenses arising out of or in connection with
the District's process followed and/or the content of documents used by the District to
establish and/or amend the EMS Impact Fees, and/or the District's expenditure of EMS
Impact Fees provided by the Ordinance, and/or any claim involving the District's
administration of EMS Impact Fees as provided by this Agreement. In the event of such
claim,the District shall defend such allegations; and the 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 the District itself
could be liable under state and federal statutes, regulations,common law,and other law.
10.2 Except as otherwise provided in Section 10.1, to the extent permitted by law, City shall
defend, indemnify, and hold harmless the District, its officers, agents, and employees from
and against claims,actions,damages,judgments,costs and expenses solely to the extent such
claims arise directly from the City's failure to legally comply with public hearing notification
or Open Meeting Law requirements in connection with the City's process of adoption or
amendment of the EMS Impact Fees. City's indemnification and defense of 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 11
T ERMITERMINATION/AMENDMENT
11.1 Term. This Agreement shall continue in force and effect perpetually from its execution date.
11.2 Party Termination. This Agreement may be terminated by either Party upon ninety(90)day
notice in writing to the other Party. Any notice of intent to terminate shall include a timeline
regarding repeal of the Ordinance. 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 EMS Capital Projects Fund. Upon termination of this
Agreement:
11.2.1 The City shall remit all collected EMS Impact Fees as provided in the Ordinance.
11.3 Renegotiation: This Agreement may be renegotiated by either Party upon ninety(90)day
notice in writing to the other Party and amended only by written agreement of the Parties.
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY EMERGENCY MEDICAL
SERVICES DISTRICT ON DEVELOPMENT WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MERIDIAN—PAGE 8
Docusign Envelope ID: DB97F6ED-5C29-86DA-814E-A04662AC0190
11.4 Notice.
11.4.1 To the District:
Ada County Emergency Medical Services District
Attention: Director of Ada County Development Services
200 W. Front St., Room 2119
Boise, ID 83702
With Copy to:
Ada County Prosecutor's Office
Attn: Chief Civil Deputy
200 W. Front Street, Room 3191
Boise, ID 83702
adacountyprosecutor(c-vadacounty.id.gov
11.4.2 To the City:
City of Meridian
ATTN: City Clerk
33 E. Broadway Ave.
Meridian, ID 83642
11.4.3 In the event either party has a change in the address and/or contact
information provided for in this Section, notice of the same shall be
provided to the other and upon acknowledgment of receipt of said notice,
this section of the Agreement shall henceforth be amended.
11.5 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship,
contractual or otherwise,with,or any rights in favor of, any third party,
11.6 Time is of the Essence. The Parties acknowledge and agree that time is strictly of the
essence with respect to the performance of every term, condition, and provision hereof and
failure of a Party to timely perform any of the obligations hereunder shall constitute a
breach hereof and a default under this Agreement by the Party failing to perform.
11.7 Severability. Should any term or provision of this Agreement or the application thereof
to any persons,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_
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY EMERGENCY MEDICAL
SERVICES DISTRICT ON DEVELOPMENT WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MERIDIAN—PAGE 9
Docusign Envelope ID: DB97F6ED-5C29-86DA-814E-A04662AC0190
11.8 Counterparts. This Agreement shall be executed by the Parties in two (2) counterparts,
and each such counterpart shall be deemed an"original."
11.9 Choice of LawNenue. This Agreement shall be governed and interpreted by the laws of
the State of Idaho with venue in the courts in Ada County.
11.10 Assignment. No Party may assign this Agreement or any interest therein.
11.11 Attorney Fees. In the event of any litigation between the Parties arising under or as a result
of this Agreement, arising from any of the acts to be performed hereunder, or as a result of
the alleged breach of this Agreement, the prevailing Party shall recover its costs and
reasonable attorneys' fees.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year written below.
Board of the Ada County
Emergency Medical Services District
DocuSigned by:
7/1/2026 1 8:46 AM MDT
By Sn474FdFRFARd7fi
Rod Beck, Commissioner
DocuSigeddbyby:
" 7/1/2026 1 8:45 AM MDT
By 22303C281 ACF4FE _
Ryan Davidson, Commissioner
Signed by:
E�Ocu
- 7/1/202618:47 AM MDT
By• 5D2784F08494D1_
Thomas Dayley, Commissioner
ATTEST:
711 i21026 1 2•55 PM MDT
Trent Tripple, Ada County Clerk
DocuSigned by:
1 �
28BB02C72100486...
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY EMERGENCY MEDICAL
SERVICES DISTRICT ON DEVELOPMENT WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MERIDIAN—PAGE 10
Docusign Envelope ID: DB97F6ED-5C29-86DA-814E-A04662AC0190
City of Meridian
By.
Mayor Rob r E. Simison 6-16-2026
ATTEST:
e.11l�
s
Chris Joh on, Ci''` 6-16-2026
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY EMERGENCY MEDICAL
SERVICES DISTRICT ON DEVELOPMENT WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MERIDIAN—PAGE 1 I
Docusign Envelope ID: DB97F6ED-5C29-86DA-814E-A04662AC0190
APPENDIX 1
City Administrative Fee Addendum to this Agreement
City Administrative Fee Addendum No. 1
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR ADA COUNTY
EMERGENCY MEDICAL SERVICES DISTRICT ON DEVELOPMENT WITHIN THE
MUNICIPAL BOUNDARIES OF THE CITY OF MERIDIAN
[Idaho Code§67-8204A1
Parties to Agreement:
City of Meridian City City of Meridian
Attn: City Clerk
33 E. Broadway Ave.
Meridian, ID 83642
Ada County Emergency Medical District Ada County Development Services
Services District Department
Attention: Director
200 W. Front Street,
Boise, ID 83702
This City Administrative Fee Addendum No. 1 to the Ada County Emergency Medical
Services District and City of Meridian Intergovernmental Agreement for the Collection and
Expenditure of Development Impact Fees for Ada County Emergency Medical Services District on
Development within the Municipal Boundaries of the City of Meridian (the "Intergovernmental
Agreement")by and between the parties is made effective as of the day of 12026,
and it is agreed by the Parties as follows:
1. The City's administrative fee, as provided in section 5.1 of the Intergovernmental
Agreement, is established at Zero and No1100ths Dollars ($0.00) per EMS Impact Fee
collected by the City and delivered to the District.
2. The City shall deliver to the District, together with the collected EMS Impact Fees, the
following:
• The City Administrative Fee invoice, if any; and
• For each EMS Impact Fee collected, the name of the fee payer, and the
identification of the real property which is the subject of the collection of the Impact
Fees including the name of the subdivision,the lot 4,and the block 4,or the County
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY EMERGENCY MEDICAL
SERVICES DISTRICT ON DEVELOPMENT WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MERIDIAN—PAGE 12
Docusign Envelope ID: DB97F6ED-5C29-86DA-814E-A04662AC0190
Assessor parcel number(i.e. 25/11/1- Smith— View Subdivision No. 1,
Lot_, Block or County Assessor's Parcel No. ); and
• Ada County Emergency Medical Services District agrees to pay the total monthly
administrative fee owed to the City within thirty (30) days after receipt of City's
invoice.
IN WITNESS WHEREOF,the parties have executed this Agreement on the date and year
written below.
Board of Ada County Emergency Medical Services
District
DocuSigned by:
7/l/2026 1 8:46 AM MDT
By: .Q.173FAFRFARd7R
Rod Beck, Commissioner
DocuSigned by:
By: 7/l/2026 1 8:45 AM MDT
Ryan Davidson, Commissioner
DocuSigned by:
7/l/2026 1 8:47 AM MDT
By: i
Tliomas ❑ayley, Commissioner
ATTEST:
DocuSigned by:
7/1/2026 1 2:55 PM MDT
gQ�67.21 ta0486...
Trent Tripple, District Secretary
City of Meridian
By.
Mayor Robe E. Imison 6-16-2026
ATTEST:
Chris Johns , City' 6-16-2026
ADA COUNTY EMERGENCY MEDICAL SERVICES AND CITY OF MERIDIAN
INTERGOVERNMENTAL AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR THE ADA COUNTY EMERGENCY MEDICAL
SERVICES DISTRICT ON DEVELOPMENT WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MERIDIAN—PAGE 13