10-731 Interagency Agreement ACHDCITY OF MERIDIAN RESOLUTION NO. lO - 73
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, ADOPTING AN INTERAGENCY GOVERNMENTAL AGREEMENT FOR
WATVER OF COSTS AND FEES BY AND BETWEEN THE CITY OF MERIDIAN AND
ADA COUNTY HIGHWAY DISTRICT, HEREINAFTER REFERRED TO AS "ACRD".
WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may
contract with any one or more other public agencies to perform any governmental service,
activity, or undertaking which each public agency entering into the contract is authorized by law
to perform, provided that such contract is authorized by the governing body of each party and
that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities
of the contracting parties.
WHEREAS, the City of Meridian and ACRD are both "taxing districts," as defined by
Idaho Code § 63-201.
WHEREAS Pursuant to Idaho Code § 67-8203(7) of the Idaho Development Impact Fee
Act, a taxing district must pay an impact fee for a development that is for an activity within the
taxing district's public responsibility if ACHD's impact fee ordinance expressly includes taxing
districts as being subject to paying development impact fees.
WHEREAS, ACHD's Impact Fee Ordinance No. 208, as amended from time to time
(the "Ordinance") Section 7304.2 expressly states that taxing districts are obligated to pay
development impact fees, unless ACRD and the taxing district enter into a written agreement
that provides otherwise.
WHEREAS, the City and ACRD have determined that it is against public policy for two
taxing districts comprised of some or all of the same taxpayers to tax one another. The City and
ACRD have further determined it to be in the public's best interest to provide that neither party
shall charge the other any fees or other amounts that would otherwise be funded by taxpayer
funds.
RESOLUTION ADOPTING INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES -
PAGE I OF 2
WHEREAS, the principal term and condition of the attached Interagency Governmental
Agreement for Waiver of Cost and Fees is to provide that neither party shall be obligated to
provide any fees or charges to the other during the term of the Agreement;
WHEREAS, the City and ACRD agree on the details of the attached Interagency
Governmental Agreement for Waiver of Cost and Fees and there is a consensus that the terms
and conditions of the Agreement are in the best interest of each agency; and
WHEREAS, the Meridian City Council, upon full review and consideration of the
foregoing, finds that the Interagency Governmental Agreement for Waiver of Cost and Fees is in
the best interest of the public; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1. The City Council of the City of Meridian hereby adopts the Interagency
Governmental Agreement for Waiver of Cost and Fees attached as Exhibit "A."
Section 2. The Mayor is authorized and directed to execute and/or deliver the attached
Interagency Governmental Agreement for Waiver of Cost and Fees in substantially the form
presented at the meeting and any related documents necessary to consummate the contemplated
transaction.
ADOPTED by the City Council of the City of Meridian, Idaho, this ~ da of
Y
,~.e.. , 2010.
APPROVED by the Mayor of the City of Meridian, Idaho, this zZ day of
2010.
APPROVED:
d
ATTEST: \\\`~~~~,~~~„ ,~,c6 ~~.-~.-~a, QG~'~ ~~'°''~~-
By. ~O rF0
Jayce .Holman, City Clem ~~~~
9 ,~~°~0`
RESOLUTION ADOPTING INTERAGENCY GOVE~~~~~Y~AL~A'GIVIENT FOR WAIVER OF COSTS AND FEES -
+N~-nn ~~~~~
PAGE 2 OF 2
INTERAGENCY GOVERNMENTAL AGREEMENT
FOR WAIVER OF COSTS AND FEES
THIS INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS
AND FEES ("Agreement") is made and entered into this 9th day of June, 2010, by and between
the Ada County Highway District, a body politic and corporate of the State of Idaho ("ACRD")
and the City of Meridian, an Idaho municipal corporation ("City").
RECITALS
A. ACHD is a single county-wide highway district, a public entity, organized and
existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the
exclusive jurisdiction, and authority to maintain, improve, regulate, and operate public rights-of-
way in Ada County.
B. City is a public entity organized and operating pursuant to Idaho Code Title 50, as
amended and supplemented. City is a municipal corporation with jurisdiction, authority and
police power to regulate and control municipal activities within the City.
C. Idaho Code § 67-2332 provides that one or more public agencies may contract
with any one or more other public agencies to perform any governmental service, activity, or
undertaking which each public agency entering into the contract is authorized by law to perform,
provided that such contract is authorized by the governing body of each party and that such
contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the
contracting parties.
D. ACHD and City are both "taxing districts," as defined by Idaho Code § 63-201.
E. Pursuant to Idaho Code § 67-8203(7) of the Idaho Development Impact Fee Act, a
taxing district must pay an impact fee for a development that is for an activity within the taxing
district's public responsibility if ACHD's impact fee ordinance expressly includes taxing
districts as being subject to paying development impact fees.
F. ACHD's Impact Fee Ordinance No. 208, as amended from time to time (the
"Ordinance") Section 7304.2 expressly states that Ming districts are obligated to pay
development impact fees, unless ACHD and the taxing district enter into a written agreement
that provides otherwise.
G. The parties have determined that it is against public policy for two taxing districts
comprised of some or all of the same taxpayers to tax one another. The parties have further
determined it to be in the public's best interest to provide that neither party shall charge the other
any fees or other amounts that would otherwise be funded by taxpayer funds.
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 1
H. In consideration of the above, the purpose of this Agreement is to set forth in
writing the parties' agreement that neither party shall be obligated to provide any fees or charges
to the other during the term of this Agreement as further set forth below.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties do mutually undertake, promise, and agree as follows:
SECTION 1.
PURPOSES AND POWERS/INCORPORATION OF RECITALS
In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives of each
of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated
into the body of this Agreement.
SECTION 2.
NO PAYMENT OF FEES
During the Term (defined below) of this Agreement, neither party shall be obligated to pay to the
other any fees, impact fees, charges, or any other types of expenditures (each of the foregoing
defined herein as a "Fee") for any services, activities, unimproved rights-of--way, other
unimproved real property, regardless of the provision and/or transfer to the other of such
services, activities, rights-of--way, or other real property, except as otherwise agreed in writing
and signed by both parties.
SECTION 3.
EFFECTIVE DATE/TERM AND TERMINATION
3.1 Effective Date. This Agreement shall become effective upon the date upon which
both parties' governing boards have authorized it (the "Effective Date") pursuant to Idaho Code
§ 67-2332.
3.2 Term and Termination. The term of this Agreement shall be ten (10) years (the
"Term") after the Effective Date unless it is terminated earlier as follows: Either party may
terminate this Agreement upon sixty (60) days' written notice to the other, provided, however,
that any Fees that would have been due and payable by the terminating party eighteen (18)
months prior to the date of termination that were not owed due to the existence of this
Agreement shall become immediately due and payable and paid on the date of termination of this
Agreement. Subject to the foregoing, upon termination of this Agreement, neither party shall
have further recourse hereunder except with respect to the payment of Fees as set forth in this
Section 3.2
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 2
SECTION 4.
GENERAL PROVISIONS
4.1 Constitutional Debt Limitation. Nothing in this Agreement shall be construed to
be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution.
4.2 Attorney Fees. In the event of any controversy, claim, suit, proceeding or action
being filed or instituted between the parties to enforce the terms and conditions of this
Agreement, or arising from the breach of any provision hereof, the. prevailing party will be
entitled to receive from the other Party all costs, damages, and expenses, including reasonable
attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party
will be that party who was awarded judgment as a result of trial or arbitration.
4.3 Choice of Law. The validity, meaning, and effect of this Agreement shall be
determined in accordance with the laws of the State of Idaho.
4.4 Entire Agreement. This Agreement and the exhibits hereto constitute the full and
entire understanding and agreement between the parties with regard to the transaction
contemplated herein, and no party shall be liable or bound to the other in any manner by any
representations, warranties, covenants and agreements except as specifically set forth herein.
4.5 Binding Agreement. The promises, covenants, conditions, and agreements herein
contained shall be binding on each of the parties hereto and on all parties and all persons
claiming under them or any of them; and the rights and obligations hereof shall inure to the
benefit of each of the parties hereto and their respective successors and assigns.
4.6 Severability. If any part of this Agreement is held to be illegal or unenforceable
by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the
fullest extent reasonably possible.
4.7 Waiver, Acknowledgments and Modifications. The failure of a party to insist on
the strict performance of any provision of this Agreement or to exercise any right or remedy
upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit
such party's right to enforce any provision or exercise any right. No acknowledgments required
hereunder, and no modification or waiver of any provision of this Agreement or consent to
departure therefrom, shall be effective unless in writing and signed by ACHD and City.
4.8 Headings. The headings used in this Agreement are used for convenience only
and are not to be considered in construing or interpreting this Agreement.
4.9 Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but both of which together shall constitute one and
the same.
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 3
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written.
City:
CITY OF
By:
Its: Mayor
ATTEST:
by.
Its: Deputy City Clerk
ACHD:
ADA COUNTY HIGHWAY DISTRICT
By r•
Its:
Cor+.,.ti.� Saeoners
SBP FINAL.DOC
I
I
I
1
i INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES-5
4.10 Limitations on Liability. The parties hereto agree that nothing herein contained
shall be construed to create a joint venture, partnership, or other similar relationship which might
subject any party to liability for the debts and/or obligations of the others, except as otherwise
expressly agreed in this Agreement.
4.11 Time is of the Essence. Time shall be of the essence for all events and obligations
to be performed under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
CITY OF MERIDIAN
~~ ............. ~ aYo
ATTEST: \`\\\~.~`~,~ OF DER/®~~~,,~~~'~tX~il of ~.ve~---~~-
c? ~~PO~,~ rF ~ c~i'~ /;Yta~,~sr~
J = ~ ~
Jaycee loran, City Clem
l 9~ ~o,°"~ O `c
.,,, yo c~T psi . ~ `,,.
'%,~ 9 ~pQ' ~.~~ ADA COUNTY HIGHWAY DISTRICT
.,,~~ CpV~Y \~~,.~
'''~~~nrn~~~~~~``'
ATTEST:
Susan Slaughter, Secretary
William J. Schweitzer, Director
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 4
RESOLUTION NO 945
BY THE ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS:
SHERRY R. HUBER, REBECCA W. ARNOLD, JOHN S. FRANDEN, CAROL A.
MCKEE, AND SARA M. BAKER.
- -- - -A. -RESOLUTION APPROVING THE INTERAGENCY GOVERNMENTAL
AGREEMENT FOR WAIVER OF FEES AND COST BETWEEN THE ADA
COUNTY HIGHWAY DISTRICT AND THE CITY OF MERIDIAN.
THE UNDERSIGNED, being the Commissioners of the Ada County Highway
District hereby consent to and authorize in lieu of meeting the following Preamble
and Resolution:
PREAMBLES
WHEREAS, Idaho Code § 67-2332 provides that one or more public
agencies may contract with any one or more other public agencies to perform
any-governmental service, activity, or undertaking which each public agency
entering into the contract is authorized by law to perform, provided that such
contract is authorized by the governing body of each party and that such contract
shall set forth fully the purposes, powers, rights, objectives and responsibilities of
the contracting parties.
WHEREAS, ACHD and City are both "taxing districts," as defined by
Idaho Code § 63-201
WHEREAS Pursuant to Idaho Code § 67-8203(7) of the Idaho
Development Impact Fee Act, a taxing district must pay an impact fee for a
development that is for an activity within the taxing district's public responsibility if
ACHD's impact fee ordinance expressly includes taxing districts as being subject
to paying development impact fees.
WHEREAS, ACHD's Impact Fee Ordinance No. 208, as amended from
time to time (the "Ordinance") Section 7304.2 expressly states that taxing
districts are obligated to pay development impact fees, unless ACHD and the
taxing district enter into a written agreement that provides otherwise.
WHEREAS, ACHD and the City have determined that it is against public
policy for two taxing districts comprised of some or all of the same taxpayers to
tax one another. ACHD and the City have further determined it to be in the
public's best interest to provide that neither party shall charge the other any fees
or other amounts that would otherwise be funded by taxpayer funds.
WHEREAS, the principal term and condition of the attached Interagency
Governmental Agreement for Waiver of Cost and Fees is to provide that neither
party shall be obligated to provide any fees or charges to the other during the
term of the Agreement;
Resolution No. 945—Page 1
(61311 0)
WHEREAS, ACHD and the City agree on the details of the attached
Interagency Governmental Agreement for Waiver of Cost and Fees and there is
a consensus that the terms and conditions of the Agreement are in the best
interest of each agency; and
WHEREAS, the Commission, upon full review and consideration of the
foregoing, finds that the Interagency Governmental Agreement for Waiver of Cost
and Fees is in the best interest of the public; and
RESOLUTIONS
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Commissioners,
as follows:
1. the attached Interagency Governmental Agreement for Waiver of Cost
and Fees is in the best interest of the public;
2, the attached Interagency Governmental Agreement for Waiver of Cost
and Fees is hereby confirmed and approved;
3. the President is authorized and directed to execute and/or deliver the
attached Interagency Governmental Agreement for Waiver of Cost and
Fees in substantially the form presented at the meeting and any
related documents necessary to consummate the contemplated
transaction.
IN WITNESS WHEREOF, the parties executed these Preambles and
Resolutions which are in full force and effect. These Preambles and Resolutions
may be executed by facsimile and/or in multiple counterparts which taken
together will constitute this document in its entirety
ADOPTED this 91" day of June, 2010
BOARD OF HIGHWAY DISTRICT COMMISSIONERS OF ADA COUNTY,
IDAHO:
CG"oe?z
Sherry Huber, President Rebecca W. Arnold, Vice President
John •a/nden, Commissioner Carol A. McKee, Commissioner
ea5M—. Baker, Commissioner
Resolution No. 945 — Page 2
(6/3/10)
WHEREAS,the principal term and condition of the attached Interagency Governmental
Agreement for Waiver of Cost and Fees is to provide that neither party shall be obligated to
provide any fees or charges to the other during the term of the Agreement;
WHEREAS,the City and ACHD agree on the details of the attached Interagency
Governmental Agreement for Waiver of Cost and Fees and there is a consensus that the terms
and conditions of the Agreement are in the best interest of each agency,and
WHEREAS, the Meridian City Council, upon full review and consideration of the
foregoing, finds that the Interagency Governmental Agreement for Waiver of Cost and Fees is in
the best interest of the public;and
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERMAN,IDAHO:
Section 1. The City Council of the City of Meridian hereby adopts the Interagency
Governmental Agreement for Waiver of Cost and Fees attached as Exhibit"A"
Section 2. The Mayor is authorized and directed to execute and/or deliver the attached
Interagency Governmental Agreement for Waiver of Cost and Fees in substantially the form
presented at the meeting and any related documents necessary to consummate the contemplated
transaction.
ADOPTED by the City Council of the City of Meridian,Idaho,this Z day of
,2010.
APPROVED by the Mayor of the City of Meridian,Idaho,this ZZ day of
2010.
APPROVED:
ATTEST: ``��,, ► .io0
By:
Jayce .Holman,City Clerl SL
RESOLUTION ADOPTING INTERAGENCY GOVEbU ,4YW1 T FOR WAIVER OF COSTS AND FEES-
PAGE 20F2 (tttt111111%1