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HomeMy WebLinkAbout1990 12-18~~~Y ~. ^ ~ 1. ^ F~ AGENDA MERIDIAN CITY COUNCIL DECEMBER 18, 1994 ITEM: MINUTES OF THE PREVIOUS MEETING HELD DECEMBER 4 , 19 9 0 : APPROVED} 1: ORDINANCE # 54? : AIR QUALITY ORDINANCE : PPROY~} 2: APPROVE JOINT POWERS AGREEMENT & AUTHORIZE I~lAYOR & CITY CLERK TO SIGN : ~ APPROVED } 3: GARY LEE, JUB ENGINEERS: REPRESENTING FISCAL FUNDING CO., INC., ON PINE BLUFFS APARTMENT PROJECT . ~ RECOMMENDATION MADE } 4: DEPARTMENT REPORTS: ~~ , •F' F . ^~ ^ Y 4ti i, - _ r. x J ~ ~ -~ MERIDIAN CITY CO~JI~IL DECF~lBER 18- 1990 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 730 P.l~i.: Merr,~rs Present: Ron Tolsma- Max Yerring~ on- Bert Myers, Bob Giesler: Others Present: K. Beumeler- Steve Grant, Matt Tuttle, Scott Grant, Zach Law- Sean Morris, Shane Hyn~an- Michael Knorp- Brent Bardick- Jacob Port~r- Steve Porter, Clair Bow~n- Peter Michaelson, Wayne Crxakston- Earl Ward, Bill Gordon: MINiJTD~ OF THE PREVIOI]S MEETING HELD DECEMBER 4- 1990; Kingsford: There was a date errar- the turn off was listed for Decer 14 and ,, pit was actually the 19th. The I~tion was rgade by Tolsma and seconded by Myers to approve the Minutes as amen~~ ., Lotion Carried: All Yea: Kingsford: I would like to Welcome Boy Scout Troop!~229 tonight. ITEM #1: ORDINANCE ,#547: AIR ~JALITY ORDINANCE: Kingsford: AN ORDINANCE OF T~iE CITY OF MERIDIAN REPEALING CHAPTER 6- TITLE 7 OF THE REVISED AND COMPILED ORDINAI~ES OF THE CITY OF MERIDIAN AND REENACTING SAID CHAPTER 6, TITLE 7 OTHE REVISED AND COMPILED ORDINANCE OF THE CITY OF ~3ERIDIAN ADOPTING PROVISIONS FOR REGULATII~ AND TF~STING MQ'I"OR VEHICLE EXHAUST EMISSIONS INCLUDING A SHOiRT TITLE; LEGISLATIVE FINDINGrS ]D PURPOSE OF ORDINANCE; DEFINITIONS; CREATION OF AN INSPECTION- 1~IAINTENANCE PROGRAM; DUTIF,~S AND POWERS OF THE BOARD; FINAI~ING; INSPECTION CRITERIA AND COSTS; ACQ~IISITION OPROPERTY; CERTIFICATE PROPERTY OF BOARD; FALSIFICATION OF CERTIFICATES; ENFORCF,~]ENT; PENALTIES; EFFECTIVE DATES; SEVERABILITY; JOINT ORDINANCES; AND PROIiINING AIEFFECTIVE DATE. Is there anyone from the public who would like Ordinance #547 read in its entirely? There w~is no response. ~~ Tolsma: Aren't we sitting on the bar 90? We are locking at three years down the r~,before we put this into effect? Clair Bowman: Less than three years. Tolsma: How much less? Bowman: We've been inforn~d recently by the m,~nufacturers of the equipment that they no longer issue maaintenance certificat~c for the equi~nt that is currently used. Myers: Is the bar 90 the only other alternative~as far as the machine? Bowman: There are two others. There is a 1980 version and a 1984, either of those would be cost effective for our program here probably. Myers What's going to happen with all this other equipppent that has become =~obsolete- is their investment down the tubes. 1~ ~~ i i. 4 fi__ MERIDIAN CITY CQUI'~CIL DECEMBER 18, 1994 PAGE #2 Bowman: It's life span is pretty well exhausted. Pete Michaelson: We are in the process of setting up an advisory board of r~echani~~s and station owners. The Board is going to go through s~~ , es those of us~that are staying are sure that we will not institute a change without work,~g it out with the advisory board.~~x The Motion was made by Dyers and seconded by Yerrington that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinance be read on three different days be dispensed with and that Ordinance Number 547 be passed and approved. Ro11Ca11 Vote: Yerrington - Yea; Giesler - Abstain; Tolsr~a -- Yea; Myers -Yea; Motion Carried: ~~1 Yea: Kingsford: I'd like to have a motion to approve of the attorney drafting a summ~a~yy for publication. The Motn was made by Myers and seconded by Tolsn~ to ht~ae attorney c~raf t the surn~ry far publication. Motion Carried: All Yea: ITF~ #2 : APPROVE JOINT P~-1ERS AGREEMEI~"1' & AUTHCiRIZ~aR & CITY CLERK TO SIGN: ~'he lotion was made by Yerrington and seconded by Myers to approve of the ~iyor and the Citylerk to sign the Joint Powers Agreement: M~tio~ Carried: All Yea: IT~i #3: GARY LEE, JUB Eb1GINEERS: REPRFsSENTING FISCAL FUNDING CO. r IIVC. , ON PINE BLUFFS APAR~'IENT PROJECT. Gary Lee: As you are aware we delivered a letter to the Council last week concerr~g a couple items on the Pine Bluffs A, rtr~ent Complex. As the project started out New Concepts Develo rs was the deve~~oper and the owner of th project site. A portion of it was designated as Multi-Family, since that time and since the Conditional Use Permit was issued aid the zoning was approved here was a transfer of ownership on a portion of the property. That is the first p ~ of the request and that request being a transfer of ownership on the Conditional Use Permit for that Multi Family Apartment Complex. The second part is to increase the density on that particular project site from 108 units to 120. We are here tonight to present the situation to you and ask for your cooperation. I do have with n~ tonight Don Gile who is the Architect on the project. he has a few drawings to show. ~~ Don Gile: My Office is at 447 emerald. Presented exhibi,s to the Council. Giesler: How about the Fire Department access, is that still a concern of ours Mr. Tolsma. ^ Tolsr~a: They said they were putting in a low supporting access which would ~ sodded. Gile: I think there was sore questions about whether or not you have to have t~<F :~ -~ r MERIDIAN CITY CC~JI~IL DECF~BER 18, 1990 PAGE ~3 150 ft. reach around the back of the building. In any event, an any of these buildings if we find we don't have that reach we would be thinking in terms of concrete blocks that the grass grows through, I really believe that we accomplish that reach alright. Discussion ®n file concerning parking and fire access -TAPE ON FILE. Tolsn~: That was a concern that the Chief had, the fact that if they did move the F garages away from there or put the driveway back in there just to mike sure that we get the X50 ft.. Gile: We could do that, no problem. Giesler: I just would com~ent that it looks like a very nice project, and I compliment the individuals that are trying to put this together. Lee: There is two parts to the request, one is transfer of ownership of the property o'~i`the Conditional Use Permit, the second is to increase from 108 units to 120. Kingsford: As I look at the Ordinance I think it would be out of place to lack at doing those jointly. We need to look at the tran~r then grant an increase, it could be in the same r~eeting of course . Crookston: We really don't hava procedure short of going through the whole process again. I think we need to have one bure dan't have one now. To change the Conditional Use is would have to go back to the P & Z and stmt again. To do the transfer the Council'~an vote. Kingsford: What's your time frame? Gile: Early Spring. Kingsford: We did have see criticism of having that hig~of a density;~originally in that approval. Gile: As we have stated troad configuration is going to stay the same. It wouldn't change with either the 108 or the 120. My question would ~e do we r~ any risk of loosing the 108 Conditional Use if its reheard? Crookston: We don't ready have a procedure for amending the Conditions for a Conditional Use. I'd ate to see the Council go ahead without taking any precautions and then one of the people that had concerns in the first place come back and say well your in violation of y wn Conditional Use because you exceeded the allowed density. As I fors ,ta change the density you would have to go back to the start. ~ ~ Kingsford: So if I read you right your recending that th~a~ three Public Hearings. The next step would be for you to contact Jack to schedule those Hearings. ~` ~~ -~ ~ ~~~ . ~~~ ~, MERIDIAN CITY CQUI~CIL ~'` ~ - i DECEMBER 18, 1990 PAGE #4 Kif~~sfo~d: Pat Tealy would you like to come forward and explain your project even though you are not on the agenda. Pat Tealy: I'm representing the owner of the project Mr. fed Sig~ont. F~ssentially r what we are trying to do, is the owner has bought two lots in TerraSubdivision, this is a recorded subdivision. ~2 indicates that all lots in this subdivision are ~ four plexots, typically that note is put on there just to protect sc~e type of future down zoning or whatever. mat Mr. Sigmont is proposing is one eight plex on two lots. We are not exceeding the density of the lots. All we are Ming to do is combine two four plexes to n'ake better use of the land. Gave the Council a site plan. Cr~kston: The proposal sounds very fine, but the plat you have doesn't allow it. It's up to the Council, the way I view it is by going ahead and allowing it your allowing a violation of the plat. Kingsford: Voiced concerns about ghat people are going to say. I'd feel alot n~re comfortable if you could get an approval from tr~ose owners in that subdivision. Discussion about r~aterials stated or placed on the face of plats. TAPE oN FILES ;.; Clerk Nie~nn: Can they file an addendum to the plat? Crookston: To amend the plat only requires the owner of that property. I think that you can replat the lots that you are talking abet. How many lots are we talking about. Kingsford: Two out of six. Clerk Niemann: If they cauld get the owners to all sign an affidavit to the plat couldn'~they do that? Crookston: It sees to me that I've seen that done. Kingsford: I would suggest that that be the route we go, then have the attorney look into it. Thei~otion was rude by Myers and seconded by Tolsm~ to approve of an eight Alex conditioned upon the City Attorney's finding a vehicle by which to remeve note ~~ from the plat. Motion Carried: All Yea: ~ ~ Kingsford: our next meeting would norn~lly be on a Tuesday which is~New Years Day so the ~e~t meeting will be on the 2nd of Januaryon Wednesday. The N~Otion was ode by dyers and seconded by Yerrington to adjourn at 8:17 P.M.; Lotion Carried: All Yea: APPROVED: F~ ~~ itTATf"~M1DT1 ~ M Vr1D ..,. ^ R- ~~ ^ ~~ N~ ~~ :: ~ t ~~ ;~ ~~~~ ~~ • • • M r r f it • 0 0 w i~ --- ~ ~ ~ I' w w ~ i~5 ~Q ~ ~nrMr ••ii ~ ~p •~i ~ .~ ~~# • p-- ~ r~ ~= • ~ Criri~i~ ~~ -+o rM~ N ~A1w ~ ~M ~ ••~ rNA M n ~ ~*+M~n Y r ~ Mir! M~ .i M' ~ ~ M~ ~ _ O ,I M . ~:~ ~ ~ . ~s ~~~~ ~~ ~{~ : -: ~4~ _ *~ A ~~~o, ~. ~`~~~ ~~ p~ ~~ or~ ~ ~ ~~ ti :~ ~~ ~ ~ s ~r ~ ~ ~ • ~ ~, ~ w ~ ~ ~ r ~~ ~ ~ r ~i ~ .1 ~~ G ,,,.. ~ '-: .~ ~~ r r _ -+ Z N ! ~~ r "~ o ~~ =r A = A • ~ w w w ~ • n O M, •1 w Q ~ r M i I ..~ .... I seroo~a" 4 }~ -~ ~so.ao` ~ ~ -- : ~., ~ r r #r o r ~ r i; ~ f w o • O ~ ~ • N o ~ z s o O ~ n ~ ~, ^ ,~ . Z ~ C~ N z Z ..., M ~ m rr~ ~-+ ~ °o z : ~ .~ ~ ~ ~ ~ ~ • o ~ ~" w O o o. ii m .. 3 • . ~ hj 1 ~ F{ ~ ~ 7 _ ,~ * _ ~_ 3 ~`} ~ T ~ • ~ ~ W • ~ ~+ k .r ~ ~ r, ~rv:a. ~I '~Y. ~-J ~~ .i I, r ~ +~ ~ w N ~ ~ f+ ~ ti~ ~ ~ ~ ,~ ~ ~~ {I ~ ~ ~ ~ 1 ~ ~ ~ ~ ~g 9 ~ ~ ~ ~ !! _~ i .~ •.+. ~~ i~ ~ ~: ~ ti ~. Y 1~ I I " ~. . pox' ~i ' ~. ~~ - ` ~rx` ~, ~ ~_; i a + ~~ a ~ F~ December fi,19~0 The Honorable Mayor Grant Kingsford and Council members City of ~Ileridian, Idaho 33 East Idaho Street Meridian, Idaho 83fi42 Re: Prne Bluff Apa-tments Gentlemen: F This letter is tv serve as petition to the Council for change in name fvr a portion of the conditional use permit. The previous owner was granted approval to construct multi-family housing as part of an overall mixed use development. The parcel which I am requesting name change is for the l.5 acres of Lot 3. The plan for developing these l.5 acres is consistent with the previously approved use and is intended to be connected with the remaining 21 acres when developed by others. ''~ I Dave attached the site plan and building elevations which de ict the ro osed multi- . p pp family o~s~ng development. I presume this meets your needs. Should you need additional infor tion, please let me know. N _ Si erely, Calvin B. Grigsby x: chg'kln for 2.Itr M: ~. o ^~ ,-~- ~~ .~ ^ k ~;~ 1 i r L Iw '~ ~, f :~ _ _ .~ .~ ~, ,. , ~ . ~. _ e_, , . .. ., December fi,19~o ~~ The Honorable Mayor Grant Kingsford and ;Council ~Ilembers City of Meridian, Idaho 33 East Idaho Street Meridian, Idaho 83642 Re: Pine Bluff Apartments Gentlemen: After designing and carefully placing the buildings on the site, optimizing the open and greenbelt areas, I have come to realize we are short the ideal number of units.` The limited amount of rent which can be charged for the quality of building limits the resources for development of amenities such as the recreation building and a more lush landscaping. Thus in order to achieve the optimal use of the buildable land, I respectfully ask for approval to increase the total number of units by twelve. This change would only require changing two building~~from twelve to eighteen unit buildings. Attached are the two proposed schemes for your~comparison. The only negative comments so far are from the fire chief regarding fire equipment access to the ends of the two, eighteen unit buildings. This concerr~~"can be overcome by providing the load supporting access which would,~be sodded to retain the green areas as shown in the plan. I respectfully request the committee grant the approval to build a total of one hundred and twenty units ~12D}. Should there be a need for additional information or a different approach, please let me know. SI erely, F~ Calvin B. 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'~ a r -- _ ~ r.ltia® pool/c_J Pr ® ~ , roa.yall.a ~l • l ygro d ~ lY ~lkh Paihr ~, ~~ patlnp rt'.~r ,t ..~ _~ ..~ ~ ' ' „r ' corn r ",~i ° -- -- sue., _ - or -v " i ~ !-~ ~: '~ ~C ^I ~~ ~ ~~ ~~~ . ~ ~ - .. h ~ ~l~ y . "_ r ~r ^ ~' / ~a €~ iii ~~`~~ ^ r ~, I~,. rF ~u ~ ~~ k~~ ~ ~ I ~i~]~~j3~~j1~€j~jS~,~~l `~ W. d ~~ ,~ ., .t , ~' ~ ~ ~ a i ~ ~I 1 - ~` .x+~ 1 ~ 'I i ~'. ~~~~"s~.. Ali" ~~. '. ia~ ~,~{ + err.,,, ~ ° ' ~ ~~uuv~s~r~' ~' ~ ~ ,~~ n ~ , ~I l ;'.: ~, ~ i r...:,. y _ F c ~ ~ , ,,~,_l ",~ ih: ' r ~ ,r_„'~' -~,®' ^ ^ ^~r ~ ~~~ ~i^ ~~~ ~ `~I I~I r I~~AJf. b Q Il ~J T ~ J d !p F 1 € .... ~; M ~__ ,. . - s "~'" `-~„ ~ _ ~~ - q ~~ r~._... . ~ ., ._ .- 1 ~ ~ ~ ~I _ ti t~ o7q I w i~isi» _- 1 _ wr ~ * ~ J q_I < L • yJ, t IE"~ ~a y ® t 5 4 YMf 5 1 a - r ,. f"' 'i .~~ ~~~ .~ • ~ E'' 1 1 M . -, a t', ~ E~I ~' ~ I' i i . i i r. 5 -+, .'.~ }~i~i ~ ~~ ~ ~.. ~~ .'. L . 1 ~ ..~ ~~ i i ~i77 wmn w d®~ 100 w io' s M~,17 • { )376-S17i i ~.. ~_ ~o *~ ~ ~~ m 1 °. o z d4 • ~ ~, ~ ~ A:~ r m[ ~ ., .~ ~_ 'O O= ~,. k.4' 1 ~i ~{ ~~~ _k F~ -~ f~ ~ I i ti,~ • O ~Z ~~ m J rn a ~~ d 0 z ~" ~ i ~ ~ ~ ~~~ ~~ ^_ I, Illy R~ _ _ _ _ 1 L ~ - - - ~ri ~ ~ ~ ^ A ~ f~ r' i M~~71 ~ - w f ^ ~r , 1 ~ ~ i !J ORDINANCE N4. f AN gRDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 6, .TITLE 7 *oF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND REENACTING SAID CHAPTER fi,~~TITLE17 OF THE REVISED AND COMPILED oRDINANCES OF THE CITY OF MERIDIAN ADOPTING PROVISIONS FOR REGULATING ANA TESTING MOTOR VEHICLE EXHAUST EMISSIONS INCLUDING A SHORT TITLE; LEGISLATIVE FINDINGS AND PURPOSE OF ORDINANCE; DEFINITIONS; CREATION OF AN INSPECTION-MAINTENANCE PROGRAM; DUTIES AND POWERS OF THE BOARD; FINANCING; INSPECTION CRITERIA AND COSTS; ACQUISITION OF PROPERTY; CERTIFICATES PROPERTY OF BOARD; FALSIFICA- TION OF CERTIFICATES; ENFORCEMENT; PENALTIES; EFFECTIVE DATES; SEVERABILITY; JOINT ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. ~' WHEREAS, air pollution has become a significant problem in Ada County and the City of MerYdian; WHEREAS, exhaust emissions from motor vehicles are the major ^ source of carbon monoxide air pollution in Ada County and the City of Meridian and such air pollution is a health hazard in the City ~, of Meridian and Ada County; ,~~ WHEREAS, the City Council and the Mayor of the City of ~~ :~ Meridian, Idaho, have concluded that it is in the best interest of the City of approve and adopt provisions to red'~ce the carbon ti ~~ monoxide air pollution and such to effective upon approval hereof;, WHEREAS, the City has had in effect prior ordinances dealing with this subject matter one of which lapsed prior to passage of ~~ F ~ r Y s. s~ucc~ssor ordinance and t e re ent which is set to elapse ~ ~ ~ ~ ~ ~' ^ ^ [, ec~er 31, 1~ Oy. rs~ant to sunset provision and this ~~ ~ ~ ~ ''~ . .~ ordinance is passed to carry on the provisions of the preceding ~~ f ~~ ^~~ordinance such that the air emission control ordinance will continie a t o lYgation to ha a vehicles tested and rel ted 1 ~ ~ ~ ~ Y ~ • • ~ ~,nforcement continued without interruption, ~ ti I~OT~~ VEHICLE EMISSION . ^ ^ AfR GROGRAM OF~]IN~1~L~ ~ ' ^ ^ ^ ^ ^ 11 ^ *~ -_: IJ . . . . . . . . ^ ~ . ~ . . ~~ yi ~' ~ i i ~ ~ ~' .~ +. ~ ~If`i .Y: ~ Y THE MAYOR AND THE CITY NOW, THEREFORE BE IT ORDAINED B COUNCIL OF THE CITY CF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 6, Title 7 of the Revised and Compiled ordinances of the City of l~ridian ~.s hereby expressly repealed co--existent with the passage and approval of this ordinance. SECTION 2: That Chapter 6, Title 7 of the Revised and :~ Compiled ordinances of the City of Keridian is hereby re-enacted and adopted and which shall read as set forth below, to wit: 1.1. SHORT TITLE This ordinance may be cited as The 1991 Motor Vehicle Emissions - - -- r ~~ri~ r yr.~rrrr nip Control ordinance. 1.2. LEGISLATIVE FINDINGS AND PURPOSE of oRDINANCE It is found and declared that exhaust emissions from Motor Vehicles are a major source of air pollutYOn in the County of Ada and such air pollution is a health hazard to all residents of the County and its five incorporated cities; It is further found and declared that an effective system of periodic motor vehicle inspection and maintenance will reduce the level of vehicular air pollution; ~~ ~: It is further found and declared that the federal government has mandated to the several states and local entities the r~ltimate responsibility for periodic motor vehicle inspection andmain- tenance; ti~ It is further found and declared that Ada County has been desig- nated as a non-attainment area for carbon monoxide and as such is ~~ mandated ender the Federal Clean Air Act to red~~ce automobile emissions so that the National Ambient Air Quality Standard for carbon monoxide will be attained and maintained; MOTOR VEHICLE EMISSION AIR PRQGRAM ORDINANCE ^ ^ ^ ^^ . V 1!~~}~ ~t11 .. t, ~ ~ 1 r I ~ I~ ~ I .i 1 ~ .~ ~4 ~~ It is farther found and declared that fuel economy is a legitimate legislative p~rpase and that an efficient emissions control program ;~ will result in motor vehicle fuel s~tra.n~s for the residents of Ada County and its cities; It is further fo~rnd and declared that the city of Meridian/Ado County is duly authorized ender Idaho Code IC 50302 and IC .31-714 to enact and enforce this Ordinance, The purposes of this Ordinance, therefore, are to protect the health and welfare of the citizens of Ada~County and its cities, to provide for the control of exhaust emissions from motor vehicles above certain levels as determined by the Air Quality Board and to require annual inspection of certain motor vehicles in order to comply with the Federal Clean Air Act, as amended. 1.3. DEFINITIONS A u t o m o t Y v e That program establYShed by the Board in I n s p,e c t Y on a nd accordance wYth this Ordinance and whose Re~d~u_s_tment_ '~AIR~ p'~rpose Ys to Ymplement the requYrements of ;- Pro ram this Ordinance. ~~ A u t o m o t Y v e A facility licensed Yn accordance with Board _I n she, c t~Y on and specs f ications and which i s s o equipped a s to Read'ustment ~AIRy enable an Exha~ist EmiSSionS Inspection to be StatYOn performed. Boar' The AY r Qua 1 i ty Board , Carbon Monoxide The chemical compound containing one atom of carbon and one atom of oxygen. Certificate of A sticker that certifies the Motor Vehicle Com liance described thereon is in compliance with the ^ requirements of this Ordinance and the Rules - and Regulations adopted pursuant -to this Ordinance. EmxSSYOnS Ins ectYOn Mp t±h a n ti r'! Exhaust EmiSSianS Exhaust EmYSSYOnS Control DevYce An individual licensed Yn accordance with Board specifications to inspect and adjust Motor Vehicles which are subject to the AIR Program. Substances emitted into the atmosphere from any opening downstream of the exhaust port ~s~ of any Motor Vehicle engine. ., Equipment designed by the manufacturer for installation on a Motor Vehicle for the purpose of reducing pollutants emitted from MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 3 ^ ^ ^ ^ ^ ^ ^ ~~~~ ~~;) n~ i~~ ^ ~~ - r~ the Motor Vehicle, or a system or engine modification of a vehicle which cases a redaction of pollutants emitted from the Motor Vehicle. Exhaust EmiSSYOns That test, performed at an AIR Station by an Inspection EmissionsInspection Mechanic, which determines whether a Motor Vehicle' s Exhaust Emissions meet or do not meet applicable Pass-Adjust Criteria. Exhaust Gas Anal zer A device for calculating the proportion of various gases present in the Exha~rst Emissions of a Motor Vehicle, specYfYCally including carbon monoxide and any other gases as required by the Board. Gross VehYCle Xei ht The weight fn pounds of a filly-fueled empty Motor Vehiicle plus any additYOnal carrying capacity specifYed by the vehicle manufacturer, Ins e~ct~YOn. PerYOd JoYnt Powers ~ Agreement. ' bodel Year Motor VehYCle Motor Vehicle owner The month during which a Non-Exempt Motor VehYCle is scheduled to be presented for an Exhaust Emissions Inspection. That agreement entered into pursuant to the joint powers~~provisions of Idaho Code Chapter 23 Title 67, among and between the incorporated cities of Ada County and the County of Ada, which creates the Soard. The year of origin of a Motor Vehicle so designated by that vehicle's Certificate of Registration. Any self--propelled gasoline fueled or gasoline-mix fueled Motor VehYCle with forxr or more wheels in contact with the ground. An individual, partnership, firm, public, private, or municipal corporation, association, trust, estate, agency, lessee, po~~.tical subdivision of the State of Idaho or the Government of the United States or zany other legal entity or their legal represen- tatives, agents or assigns whose name appears as owner of a Motor Vehicle on its Certifi- cate of Registration. :~ ^ MOTQR VEHICLE EMISSION AIR PROGRAM ORDINANCE ^ 4 ^ f~~', _ l5 ~1 ~~ ; f ~w f ~a ~ I ~' ~ ? i ~~ ~~ ^ Non-exem t' Motor A Motor Vehicle which is subject to AIR VehYCle Program testing requirements of this ordinance. ,. Pas s-adjust CrYterYa Those standards set forth in the Rules and .. Regulations adapted by the Board pursuant to this ordinance which specify the maximum allowable components which may exist in Exhaust EmiSSionS of a Non--Exempt Motor Vehicle. Pub1YC NotYCe A statement of the Board's intent to modify the Riles and Regulations, including a summary of the proposed modifications, published in at least one newspaper of general circulation within Ada County, posted at the offices of the Air~~uality Board, and mailed to participants in the Joint Powers Agreement and AIR Stations. R u l e s a n d Specific written provisions governing the AIR Reg~xlatYOns Program, as adopted and amended by the Board from time to time. .T`Ynq Removal of or rendering wholly or partially inoperative an Exhaust Emissions Control Device, including bit not limited to the catalytic converter, air injection system and leaded fuel inlet restrictor. 1.4. CREATION of AN INSPECTION-MAINTENANCE PROGRAM A. An Air Quality Board is created pursuant to the joint powers provYSions of Idaho Code Chapter; 3 Title 6 7 in a Joint Powers Agreement executed by the participating public agencies. The composYtion and organization of the Board shall be~~as set forth in the Joint Powers Agree~ent. B. The Board shall design and implement an Automotive Inspection and Readj ~stment {AIRS Prog 'am for the mandatory Exhaust .~ E~ sus anal~r~s, Yn~pectYOn ~ end ~i~~ntenance of ce~t~aYn 1 Mot r Yehiclg~ in accorda~lce with the idle test requirements for 'Motor VehYCles: ~YSS~.ons~ Control System Performance ' Warranty Short Tests,' listed i n Section 2 4 7 { b~ o f the Clean Air Act, 42 U.S.C., 7541{b~ . C. The owner of a Non--Exempt Motor Vehicle is required to present it annually at an AIR Station fcl~ an Exhaust Emissions Inspection d~ring an Inspection Period determined by the Board. FaYlure to do so within the Inspection Period ,:~ ^ MOTOR VEHICLE E SSION ^ AIR PROGRAM aRDINANCE 5 1 ^ ~ . ~~ ^ ^ ^ ^ ^ ^ ^ ^ ^ t;, #1 r~ ,~ «{ ~ -~, ~l r .~ _ ,.+ const~.tutes prima facie evidence of a violation of this ordi- nance. Criteria for determining the Inspection Period shall be adopted by the Board and incorporated in the Rules and Reg'lation s . D. The owner of a Non-Exempt Motor Vehicle which passes an ,~ Exhaust Emissions Inspection as provided herein shall display any sticker, certification, or other evidence of a completed inspection in a place and manner specified by the Board in the Rules and Regulations. Failure to do so constitutes prima facie evidence of a violation of this ordinance, E. A motor Vehicle is classified as a Non-Exempt~~riMotor Vehicle if all of the following are tree: 1. The primary fuel is gasoline or 2. The Certificate of Registration have ' ADA COUNTY' entered upo resi dence pursuant to Idaho Code 3. The Gross Veh~.cle We~.ght eq'u'als and 4. The Model Year is 1965 or newer. a gasoline mix; has or is regdired to n i t a s the c o~n ty o f 49-441; or exceeds 1500 ponds; F. The following are hereby specifically exempted from compliance with the AIR Program, subject to verification in a manner specified by the Board and included in the Riles and Regula- tions: 1. Motorcycles as defined in Idaho Code 40-lOl; 2. "Idaho Old Timers" as defined in Idaho Code 49.134; 3. Farm tractors as defined in Idaho Code 49-101; 4. Motor Vehicles for which an alternate fuel type has been established; 5. Motor Vehicles for which a Gross Vehicle Weight of less than 1500 ponds has been verified; 6. Motor Vehicles registered under the pro-rated registra-- tion provisions of Idaho Code 49--437 fora period of less than six ~6y months; 7. Such other Motor Vehicles as may be exempted by Rules and Regulations adopted by the Board. G. An Exhaust Emissions Inspection may only be performed by an Exhaust EmiSSYOnS Mechanic at an AIR Station. An Exhaust Emissions Inspection shall include all of the following: 1. A measurement of Exhaust Emissions ~sfng an approved Exhaust Gas Analyzer or other device approved by the Board to sample the Motor Vehicle's Exhad'st Emissions, specifically including the Carbon Monoxide content of the Exhaust Emissions and any other gases as adopted by the Board to comply with f~it~re reg~`lations of the United States Environmental Protection Agency. MOTOR VEHICLE EMISSION AIR PROGRArM oRDINANCE 6 ,~ ~} .~ f, :f ~ ~: `' r*, ~ ~ :~ 2. A determination as to whether Exhaust Emissions meet the Pass--Adjust Criteria; and 3. A visual. inspection, for Modgl Years X984 and newer, of the catalytic converter, air injection system and size of the fuel restrictor. 4. Where Exhaust Emissions do not meet the Pass-Adjust Criteria, an indication to a Motor Vehicle Owner of the probable cause ~s~ of any malfunction or misadj~stment responsible for the failure to comply with the Pass-~ Adjust Criteria. H. It is the responsibility of the Owner of a Non-Exempt Motor VehYCle which was found not to comply wYth the Pass-Adjust Criteria to have the Motor VehYCle repaired at the Owner's expense and to have it re-Ynspected withYn ten ~10~ calendar days of the failed Exhaust Emissf ons Inspection. When repairs are necessary, the Owner has the right to return said Motor Vehicle to the same AIR Station for one reinpection without charge provided that not more than ten ~ 10 ~ ca~.endar days have elapsed since the Motor Vehicle's initial Exhaust ~liSSionS Inspection. Repairs may be performed by the AIR Station or by any other mechanic of the Owner's choice. I. Any person who presents a Motor Vehicle far an Exhaust EmiSSionS Inspection shall immediately pay the AIR Station for the inspection, except as provided for re-~YnspectYOns Yn ~ . Section 1.5 . H. In addition, any person whose Motor Vehicle ~ successfully passes the Exhaust Emissions Inspection shall in~nediately reimburse the AIR Station for a Certificate of Compliance. The maximum allowable fee for an Exhaust EmissYOns Inspection and the fee for a Certificate of Compliance shall be adopted by the Board as a portion of the Rules and Reg~~lations and made known to the pd'biic in whatever manner the Board deems appropriate. J. An Exhaust Em1SSionS Mechanic who performs an Exhaust EmiSSionS Inspection on a Motor Vehicle shall, when the Motor '~ehYCle ^ is found to comply with the Pass-~Adj Est Criteria, immediate y issue a Certificate of Compliance in accordance wYth procedures adopted by the Board in the Rules and Regulations. The Certificate of Compliance will expYre on the last day of the next Inspection Period for that Motor Vehicle. 1.5. DUTIES AND POWERS of THE BOARD A. The Board shall conduct regular monthly public meetings at such time as the Board shall determine. ., B. The Boa ~., in accordance with the criteria expressed herein, shall a_opt.~ules and Regulations for the implementation and 1~i0TOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 7 ~i f ~. ~~ I ~ ~ ~~ ~,~ ~ i li .w~ ~~ operation of the AIR Program and amend those Riles and Regla- tionS from time to time as it deems necessary. Riles and Reg~~lations and amendments to same may only be adopted at an AYr Quality Board meeting with a minim'~m of foarteen ~14y days' Public Notice of the Board's intent to amend the Rules and Regr~lations. C. Riles and Regulations shall include bit not be limited to the following: 1. Proced~~res for determ~.ning the exempt or non-exempt states of any Motor Vehicle and releasing exempt Motor Vehicles from further compliance with the AIR Program; 2. Procedures for establishing the Inspection Period for a Non-Exempt Motor Vehicle; 3. Pass-Adjust Criteria for all Non--Exempt Motor Vehicles; 4. Display and placement of Certificates of Compliance on Non-Exempt Motor Vehicles which have passed an Exhaust Emissions Inspect~.on; 5. SpecYfications for approved Exhaust Gas Analyzers; 6. The fee ceiling which may be required to be paYd by a Non-Exempt Motor Vehicle Owner to bring their Non-Exempt Motor Vehicle into compliance with the Pass-Adjr~st Criteria this fee shall be the minimum necessary to accommodate typical repair needs and may be different for different Model Years; 7. The cost of a Certificate of Compliance this fee shall be the minimum necessary to provide for the on-going operation, administration, maintenance and enforcement of the AIR Program and shall not exceed $3.75 wYthout concrrrence of all participating agencies; 8. ~ Procedures for AIR Stations to purchase Certificates of ~ Compliance; 9. The maximum fee which may be charged by an AIR Station for performing an Exhaust ~miSSionS Inspection this fee shall be the minimum necessary to reimburse the AIR Station for labor costs and reasonably amortize the cost of an Exhaust Gas Analyzer plus a reasonable overhead and return on investment allowancey; 10. The processing fee which may be assessed upon Owners of Non-Exempt Motor Vehicles who fail to present their Non- Exempt Motor Vehicle for inspection within the Inspection `~ Period this fee shall be sufficient to recover costs of processing notices of violation far all Non-Exempt Motor Vehicles which do not comply with the provisions of this ordinance within the Inspection Period; 11, Procedures governing the licensing of AIR Stations and Emissions Inspection Mechanics and the suspension, revocation, or termination of those licenses when appropriate; MOTOR VEHICLE EMISSION AzR PRgGRAM ORDINANCE ~~ {~ w I _ _ i ~ ~ ~' r~ ~~ 12. Schedv~les and deadlYnes for the flow of data, paperwork and information pertaining to Exhaust Emissions Inspec-- tions among AIR Stations, Exhaust Emissions Mechanics and the AIR Program staff; 13. Fee schedules for licensing AIR Stations and Exha~ist Emission Mechanics and for testing applicants for Exhaust Emissions Mechanics' licenses; and 14. Audit procedures to insure that all Certificates of Compliance are adequately protected against theft and counterfeiting. D. The Board or its authorized representatives, upon notice and an opport~inity for a hearing, may suspend, revoke and/or requYre the surrender and forfeiture of the AIR Station LYCense of any AIR Station permittee if it finds that such station is not operated in accordance with this ordinance or ~ the Ryles and Regulations. The procedure and gra~inds for} suspension or revocation shall be set forth in the Rules and Regulations. + E. The Board or its ~thorized representatives, upon notice and an opportunity far a hearing, may suspend, revoke and/or require the surrender and forfe~.tre of any Emissions Inspection Mechanic's License if the Board finds that such Emissions Inspection Mechanic does not perform tests in accordance with this Ordinance or the Rules and Regulations. The procedure and grounds for suspension or revocation shall be set forth in the Riles and Regulations. ., . The Board shall conduit an on--going quality assurance program to determYne that all AIR Stations and Exhaust Emission Mechanics perform AIR Program tasks in conformance with the ' adopted Rrle s and Regulations . G. The Board shall have the a~~thority to undertake any addYtional actYons reasonably necessary to the operation of the AIR Program, including but not 1imYted to: . i 1 1. ~Ernploying necessary staff; ~ .2. Exectin necessary contracts and dociments; 3. AuthorYZYn~ deposYts ~.nto and expendYtres from the Motor ^ Vehicle EmYSSionS Inspection Fund; 4. Acq~~irYng and disposing of personal property; 5, operating the AIR Program ~.n accordance wYth standard fiscal practice; ,and ~ ~ , 6. Providing for an ann~c~al audYt of both fYnanc~al and management practices of the AIR Program. ^ ~F . . . MOTaR VEHICLE EMISSION AIR PROGRAM ORDINANCE ^ ^ ^ .. ^ ~' ' ti ' ' . ' ^ ~ ' ^ ^^ ^ ^ ^ ^ ^^ ^ I +~! ~ f wk r r f ~~ r ~+~ ti rl L. ~v H. The Board shall condact ongoing evaluations of the AIR Program sufficient to satisfy req~~irements of the US Environmental Protection Agency and other applicable rules and statutes. I. The Board may make known to owners of Non-Exempt Motor Vehicles, in whatever manned the Board deems appropriate, the following information abort the AIR Program: ~~ 1. P~rppse of the AIR Program; z. Owners' responsibilities ender the AIR Program; 3. Most common adjustments and repairs likely to be required Yn order for a Motor VehYCle to successfully pass an Exhaust Emissions I~s~ection; and 4. LocatYOns of AIR StatYOns at which an Exhaust EmYSSYOnS Inspection may be performed. 1.6. FINANCING A. There is hereby established a Motor Vehicle Emissions Inspection Fdnd which shall consist of the followYng: 1. Money appropriated thereto by the Board or any local entity; ^ 2. Money remYtted by AIR Stations which is collected as fees; 3. Money receYVed by the Board from pr~.vate grants or donations; 4. Money received by the Board from processing fees assessed to Owners of Non-Exempt Motor Vehicles who do not present their vehicle for an Exhaust Emissions Inspection during the Inspection Period; ~,. Federal or state finds received by the Board for the AIR Program; and 6. Any other fYi~nds received by the Board from any source. B. Moneys in the Motor Vehicle Emissions Inspection Find may be used to pay all costs incurred by the Board in administering any aspect of the AIR Program. ~ C. The Board shall appropriate and budget on a fiscal year basYS, Yndicating expendYtures to be made in implementing and admYnister~.ng the AIR Program and so~irces of income to be used for such expendYt~res. ~: 1.7. INSPECTIQN CRITERIA AND COSTS ' A. The Board shall adopt and include in the Rules and Regulations Pass--Ad jr~st, Criteria and may amend these criteria, from time to tYme as Yt deems necessary to meet the purposes and intent of this ordinance. ANon--Exempt Motor Vehicle's Exhaust Em{~.s- sY'bns must be less than or equal to the approved Pass-~dj:st MOTOR VEHICLE EMISSION AIR PR4GF~M ORDINANCE 10 x^ ^ ?y~~{ I ~ Y ~*~ ~.~+1 ' teria in order for a Certi f icate o f Compliance to be issued Cry without f~irther adjustment or test~.ng. ' B. Non--Exem t Motor Vehicles of the Model Year 1984 an newer p , must have a fully operata.onal catalytic converter, alr in'ection s stem, leaded ~~uel restrictor and any other J y com onent~s~ s ecif' d by the Board in the Rules and Requla~ p p ~ icle ~.s re uYred bons. The owned` of a Non-Exempt Motor Veh q to see that these systems are fully operational. An Exhaust Emissions Inspection will not be performed on any veh~.cle on which one ar more of these components have been subject to Tam erin The owner of any Non--Exempt Motor Vehicle which p g has been subject to TamperYng must bring all components into compliance and have the vehicle inspected within the Inspec- tian Period. C. A Certificate of Compliance will be issued to each Non-Exempt Motor Vehicle which complies with the Arr Program. The Certificate will be displayed in a manner consistent with Rules and Regulations adopted by the Board. D. 1. Blank Certificates of Compliance will be distributed to each participating AIR Station upon payment to the AIR Program of a fee adopted and set by the Board; this fee is recovered by the AIR Station when it is transferred to a Non-Exempt Motor Vehicle which has successfully assed an Exhaust EmiSSion5 Inspection. The AIR Station p may also charge a fee, adapted and set by the Board, to perform the Exhaust Emissions Inspection on a Non-Exempt ' Motor Vehicle. The rnaxim~m total cast to a Motor Vehicle owner for an Exhaust EmiSSion5 Inspection is therefore the sum of the fee for the Certificate of Compliance and the Exhaust Emissions Inspection. ^ 2. If a Non--Exempt Motor Vehicle exceeds the Model Year P s-Adjust Crite 'ia dr~~ring the Ynitial test an the '• da erio for 0 er effects to ~lYZe the ten ~l~y y p~ ' n e endent c rr~ i n p ~' ded f r by Section 1.5 .F, ^the c .x'ge ~ the Y Ya t wY rat th ~ ~. s seance o f ' ' 'ale o om Yan~e all e li~hited t rye for ~ NYC ~ , ~ ~' ' • ~ ~ '' t e Motor cle t Em~SSIOnS Ins ectYOn, When ~ '• he en ~ ~ clay pe ' an s Y~ ~a s s- d ' u t c e Ya or has et' the ^ c~rr 4~t' ' r ~' ~ ~ ~ ~" ' 11 be issued and lYmYts, a Cert~.fYCate df Compliance w~ the owner will pay only the fee for the Certificate. E. If M el Year Pass-~Adj ~ st Critgria are exceeded ~ pon the " initi l test of a Non- xempt Motor Vehicle, the AIR StatYOn ~~ ma erform the adjustments and/or repairs req~uYred by the Y p ' Rules and Re ulations in order fora Certificate of Compliance g MOTOR VE~CLE EMISSION ^ AIR PROGRAM ORDINANCE 11 ..... ~4 - - `~ ~~ ~~ to be Yss~ed. If, however, reasonably expected to exceed repair limits, a Certificate without fti~rther testing. I i~ repair casts exceed or are the Board's currently adopted of Compliance may be ~.ss~ed F. A Certificate of Compliance shall be iss~d to a Non--Exempt Motor Vehicle only by an EmYSSionS Inspection Mechanic at an AIR Station and may only be issued to Motor Vehicles which have been tested with equipment and procedures specified and approved by the Board. No persan shall represent hYmself or herself as an Emissions Inspection Mechanic unless he-or she has a c~~rrent license iss~ied by the Board. G. No person shall demand or collect a fee for the Exhaust Emissions Inspection of a Non--Exempt Motor Vehicle runless authorized by this Ordinance. H. As'~of January 1, 1991, the following Pass~Adj~st Criteria will be in place, s~~bject to modification as provided in Section 1.8.A: ~ CARBON MODEL YEAR MONOXIDE 1965-1974 5.5 1975.1979 3.5 1984 1.5 1981 and newer 1.Z 1.$. ACQUISITION OF PROPERTY; CERTIFICATES PROPERTY OF BOARD A. The Board may acquire by purchase, donation, dedication, or other lawful means any special equipment, tools, materials or facilities needed to adequately administer, investigate or enforce the provisions of this Ordinance or the Riles and Regulations adopted pdrsuant hereto provided, however, any acquisition made by the Board shall comply with all statrritory requirements imposed upon the Canty of Ada for the purchase or receipt of property. B. All Certificates of Compliance are the property of the Board until such time as they are issued to properly inspected Motor Vehicles, w 1.9. FALSIFICATION 4F CERTIFICATES ~~ A. No person shall willfully make, iss~~e, display, sell or possess any imitation, counterfeit, or alteration of a Certificate of Compliance. MOTOR VEHICLE EMISSION AIR PROGRAM ORDINANCE 12 f~ Y~ ,~ ~- Y B, No person shall Certificate of compliance with fir.. 4 Y~il ~~ display upon any Non-Exempt Motor Vehicle a Compliance knowing it to be issued wYtho~t this Ordinance. 1.10. ENFORCEMENT Any Owner who fails to present a Non--Exempt Motor Vehicle for an Exhaust EmissiOnS Inspection during the Inspection Period is Yn violation of this Ordinance and will be subject to a Board processing fee and any and all other enforcement mechanisms available through Idaho Code, this Ordinance, and other applicable municipal or county ordinances. Nothing in this Ordinance shall be construed to prevent the Board from requesting or utilizing any and all enforcement mechanisms granted by law. Enforcement commenced under the predecessor ordinance of this Chapter is specifically authorized to be continued uninterrupted until completed. 1.11. PENALTIES Any persan who violates any provision of this Ordinance shall be deemed guilty of an infraction and, ~rpon judgment thereof, shall be subject to the penalties set forth in Idaho Infraction Rule 9 tb~ bother Infractions Failure to satisfy judgment as ordered by the Court p~rsant to this Ordinance shall be deemed contempt of court punishable as a misdemeanor pursuant to Idaho Code 18-- lsol. ~a~ Enforcement commenced finder the predecessor ordinance of this Chapter 's specifically authorized to be continued ~ninterrpted until c pleted and penalties assessed render the prior chapter. 1.12. EFFECTIVE DATES This Ordinance shall be effective begYnning on January 1, 1991, It shall be rendered null and void on December 31, 1995, but may be extended thefeafter at the disc'ret~.on of participants in the Joint Po Hers Agre ~ ent, 1.13 .~ ~w SE~TER.A.B ILITY .. If any Section, sentence, clause, word or hrase of this Ordinance ~ ., . . P ~ • Ys for any reason held to be unconstYtutYOnal or otherwYSe Ynval~.d or unenforceable by any court of competent jurisdiction, such shall not ,effect the validity and enforceability of the remaining po~~YOns Hof th~.s Or~Ynance, all of w~iich shall remain in fill force and effect. 1.14 JOINT ORDINANCES AND JOINT POWERS AGREEMENT MOOR VEHI~L~ EMISSION AI~ PROGRAM ORDINAICCE l3 ~; ;. ~~ ~ yy55 .il 4. ' ~~ _ti I . The Ada Co~~nty Commissioners have previously passed, or will subsequent to passage of this Ordinance pass, an ordinance which is the counterpart of this Ordinance for the City of Meridian aid is basically identical to this Ordinance; other cities in Ada County may already have passed or such an ordinance; the City of ^ Meridian, by this Ordinance, has agreed that carbon monoxide in the City of Meridian should be red~c~d and this Ordinance is passed to endeavor to do so; the City finds that the delegation of authority to the Afr Quality Board is appropriate and the most efficient and economical means of operating the program of operatYng a county- wide abatement program of carbon monoxide; that individual municipal enforcement would be duplicate and inefficient government and probably unenforceable since registration of automobiles is a county and state function rather than a city f~i~nction. A Joint Powers Agreement has been prepared which is incorporated herein as if set forth in full but not attached hereto; that the Agreement is entered i~lto p~irsuant tv the authority granted fn Idaho Code, Title 67, Chapter 23, which Agreement among other matters creates the Air Quality Board, states the purpose of the Board, states the composition of the Board, authorizes the Board to adopt bylaws, provides for f`'nding of the Air Quality Program, provides for termination of the Board, provides that every governmental entity in Ada County signing the Agreement agrees to enforce the AYr Quality Program; that the Mayor and the City Clerk are hereby authorized to exec~i~te the Joint Powers Agreement and the delegations of power, a~ithority, rights and duties made in and by this Ordinance and in the Joint Powers Agreement, are, by this ' Ordinance authorised and approved. SECTION 3; EFFECTIVE DATE: ^ WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law, PASSED AND APPROVED This 18th day of December ,1994. CITY OF MERIDIAN MOTOR VEHICLE EMISSION ^ AIR PROGRAM ORDINANCE ^ 14 5 B '~ GRA P. KINGSFOR , F w - r 7~ .~ ~~ ,; r~ r ~ .5 . ~ ~U >, .~ .- -t~ ,, ®~ ®, ., y' r~ f, MOTOR VEHICLE EMISSIGN AIR PROGRAM ORDINANCE ~~: 15 ~~ ~_ 4 F ~` ' , :'" !~ r ~ ail ~ ~, ~. . a ~; :.: t AUTGMaTIVE INSPECTION AND READJUSTMENT PROGRAM JaINT POWERS AGREEMENT WHEREAS, Chapter 23 of Title G7, Idaho Code, provides for certain joint powers and activities between public agencies within the State of Idaho; ~~ WHEREAS, the public agencies signatory to this Agreement desire to create an Air duality Board and exercise certain joint powers pursuant to said state law for the prpase of implementing and administering a motor vehicle emYSSions control program; WHEREAS, enabling legislation known as the 1991 Motor vehicle EmiSSlonS Control ordinance has been adopted by each participating agency defin~.ng the purpose, nature and scope of such program; WHEREAS, it Ys the finding of each public agency that such joint cooperative effort is the most efficient use o~ their powers in view of the geographic, economic and other factors influencing such program; WHEREAS, to be successful, s~ich program within Ada County mist function on a uniform basis within the jurisdiction of each public w agency; WHEREAS, each public agency has the a~tharity to enter into this Agreement and to perform indYVidually the functions hereinafter described, and the exec~'ition of this Agreement will not extend the jurisdiction, power, privilege or authority of each public agency. NoW, THEREFORE, the undersigned public agencies hereby agree to the following terms and conditions of this Agreement. 1. Term. The term of this Agreement shall commence the lst day of January, 1991, and rer~ain in force until such time that the Automotive Inspection and Repair program provided for in the 1991 Motor vehicle Emissions Control ordinance is terminated. Ft 2. Board Created. There is hereby cr~'ated an entity to be known as the Air duality Board, to act on behalf of each public agency signatory to this Agreement, for the purpose herein. expressed. Joint Powers Agreement l II _ . 3. Purpose of the Board, The p~irpose of the Board shall be to implement and administer the Automotive Inspection and Readjustment program as the same is set forth in the 1991 Motor VehYCle Emissions Control ordinance, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference and attachment. Duties, responsibilities and guidelines for the Board are also Yncluded in Exhibit "A" . 4, Board CompositYOn. The Board shall consist of one ~r urrrrn~i.nrn. r. - r ~ elected official from each agency signatory to this agreement, and one citizen-at-large appointed by each agency signatory to this agreement, except that representation for Ada County Highway District shall be limited to either one elected official or one citizen--at-large. One representative of Public Health District IV, or any agency that may succeed to its powers and duties, shall serve as an ex-officio member. The Director shall also serve as an ex~officio member. Each agency shall be responsible for selecting its representative ~s~ who shall serve until removed or replaced by the appointing agency. 5. B --Laws. The Board shall adopt By~-Laws and dYStrYbute same to the chief executive officer of each agency signatory to this agreement. 6. FundYn Finding for the program shall be a combination of state or federal grants, matching funds, inspection fees, and any other monies appropriated or accruing to the Air Quality Board. All financial transactions for the program shall be within the Motor Vehicle Emissions Inspection Fund established in Exhibit "A" and shall be accounted for in accordance with generally accepted accounting principles. Budgetary procedures of the Air Quality Board shall be as specified in Exhib~.t "A". 7. Termination. The Board shall not be terminated prior to termination of the 1991 Motor Vehicle Emissions Control ordinance. The withdrawal of any agency prior to termination shall constitute a forfeiture of any finds or properties contributed by said agency to the Air Quality Board. Upon mutually agreed termination of the Joint Powers Agreement 2 ~~ ,~ } I I 4 ~I 1991 Motor Vehicle Emissions Control ordinance by all participating agencies, the remaining finds or property contrYb~ted by each participatYng agency shall be returned to that agency. 8. Agreement to Enforce. The 1991 Motor Vehicle Emissions Control Ordinance, attached hereto as Exhibit "A", provides the statutory enabling law for the Ymplementation and administration of the Automotive Inspection and Readjustment control program. Each public agency, through the execution of this Agreement, agrees to the enforcement of said ordinance, where applicable, within its respective jurisdiction. 9. Miscellaneous. This Agreement and the attached Exhibit "A" shall therefore be executed and adopted by each agency in accordance with all applicable statutory requirements. Any action of the Board shall be subject to compliance with all state and federal laws applicable to municipalities and counties within the State of Idaho. I Dated this day of 1990. Passed by the Council and approved by the Mayor of the City of Boise City, Idaho Approved By: ^ By~ ayor City Clerk Dated this 1990, Attest day of Passed by the Council and approved by the Mayor of the City of Eagle, Idaho ~tk Approved By: Attest day of 1990. _. Passed by the Council and approved by the Mayor of the City of Garden City, Idaho ayor City Clerk Dated this ~}~ Approved By: gy. ayor ~ Joint Powers Agreement 3 Attest 7-: ^ ^ ^ ~^ ^^ ^~ . ^ - - w r +I I ~I ~~ y City Clerk Dated this day of 1990, ~~ Passed by the Cocil and approved by the Mayor of the City of MerYdian, Idaho Approved By: Attest By. ayor City Clerk Dated thYS day of 1990, Passed by the council and approved by the Mayor of the City of K~xna , Idaho '~ Approved Sy: Attest $y. ayor Cfty Clerk Dated this day of 1990. Passed and approved by The Board of Ada County Commissioners Approved By: ommYSS~,oner ;~ Approved By: Commissioner Approved By: ~ omm~. ss~oner Dated this day of ~ 1990. .~ Pas d approved by The Board'vf Ada County Highway District ~~, ~ CommYSS~.o~rs A rq~g'd Bye ~ ommY s ~ ~. over 'Approved.By: '. ' ' ~ omm~.ssloner 7^ Approved By: Comm~ssione~ ^ ^ ^ T JoYnt Powers Agreement ^ ^^^ ^ ^ ^ ^ ^ ^