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1984-094 Joint Powers Agreement Pertaining to Motor Vehicles Emission Control 38 Meridian, Idaho, has"filed with this City Council its Resolution approving the issuance by said Corporation of its industrial development revenue bond pursuant to Title 50, Chapter 27, Idaho Code, as amended (the'"Act",,) in the form~~of its Nonrecourse Revenue Note (Newberry Enterprises) 1984 together with execution of the documents necessary thereto; WHEREAS, at least fourteen days published notice of public hearing and meeting to adopt an industrial revenue bond resolution has been given; WHEREAS, the City Council has reviewed said Resolution and~~• intends by the adoption of this resolution to approve the same; NOW, THEREFORE, the City Council of the City of Meridian does resolve as follows: Section 1..The Resolution of the Economic Development Corporation of the City of Meridian, Idaho, approving the issuance of its in- dustrial development revenue bond in the form of the Nonrecourse Revenue Note (Newberry Enterprises) 1984, in the aggregate principal amount of $400,000.00, and execution of the documents necessary thereto, is hereby approved. Section 2. This Resolution shall take effect immediately upon its passage. The foregoing Resolution was passed and adopted by the City Council of the City of Meridian on the 5th day of November, 1984, by the following vote: AYES: 4 NAYS: 0 ABSENT: MAYO ATTEST: RESOLUTION N0. 94 A RESOLUTION AUTHORIZING THE CITY OF MERIDIAN'S AGREEMENT AND EXECUTIONS OF THE JOINT POWERS AGREEMENT PERTAINING TO MOTOR VEHICLES EMISSIONS CONTROL. WHEREAS, Chapter 23 of Title 67, Idaho Code, provides for certain joint powers and activities between public agencies within the State of Idaho; WHEREAS, the public agencies signatory to the Joint Power Agreement desire to create an Air Quality Board and exercise certain joint powers pursuant to said stste law for the purpose of implementing and administering a Motor Vehicle Emissions Control Program; WHEREAS, enabling legislation known as the Motor Vehicle Emissions Control Ordinance has been adopted by the City of Meridian defining the purpose, nature and scope of such program; WHEREAS, it is the finding of the City of .Meridian that such joint cooperative effort is the most efficient use of~its powers in view of the geographic, economic and other factors influencing such program; WHEREAS, to be successful, such program within Ada County must function on a uniform basis within the jurisdiction of the City of Meridian; WHEREAS, the City of Meridian has the authority to enter into this Agreement and to individually perform the functions hereinafter described, and the execution of this Agreement will not extend the jurisdiction, power, privilege or authority of the City of Meridian. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY"COUNCIL OF THE CITY OF MERIDIAN, IDAHO That the City of Meridian shall hereby enter-into the JOINT POWERS AGREEMENT and the Mayor and City Clerk are hereby authorized to execute said AGREEMENT. That said AGREEMENT may be executed in counterparts by 3 3 9 the various governmental parties the same as if all had executed a single document. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, This 5th day of November, 1984. G nt P. Kings r Mayor ATTEST: AGREEMENT N0. MOTOR VEHICLE EMISSIONS CONTROL JOINT POWERS AGREEMENT WHEREAS, Chapter 23 of Title 67, 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 Quality Board and exercise certain joint powers pursuant to said state law for the purpose of implementing and administering a Motor Vehicle Emissions Control Program; WHEREAS, enabling legislation known as the Motor Vehicle Emissions Control Ordinance has been adopted by each participating agency defining the purpose, nature and scope of such program: WHEREAS, it is the finding of each public agency that such joint cooperative effort is the most efficient use of their powers in view of the geographic, economic and other factors influencing such program; WHEREAS, to be successful, such program within Ada County must function on a uniform basis within the jurisdiction of each public agency; WHEREAS, each public agency has the authority to enter into this Agreement and to individually perform the functions hereinafter described, and the execution 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. As concerns the City of Meridian the term of this Agreementall commence from the date of passage and terminate the 31st day of December, 1987, unless the motor vehicle emissions control ,program is sooner terminated. 2. Board Created. There is hereby created an entity to be known as the Air Qua ity Board, to act on behalf of each public agency signatory to this Agreement, for the purpose herein expressed. The Board shall consist of one elected official from each agency, one citizen-at-large to be appointed by the Ada~County, one citizen at-large to be appoinf~d b3~--the Bz~=se City and one elected official or citizen at large to be appointed by the Ada County Highway District. One representative of the Public Health District IV, or any agency that may succeed to its powers and duties, shall serve as an ex-officio member. Each Agency shall be responsible for selecting its representative (s) who shall serve for the full term of the Board, unless sooner removed or replaced by the appointing agency. The Board shall select a chairman to preside over meetings to be con- ducted under the "Robert's Rules of Order," and to be held at least once every month. The duties, responsibilities and guidelines for the Board are set forth in the Mmto~ Vehicle Emissions Control Ordinance, a copy which is attached hereto marked Exhibit "A" and incorporated herein by referance and attachment. 3 4 0 3; Pur ose of the Board. The purpose of the board shall be to imp ement an a minister the motor vehicle emissions control program as the same is set forth in Exhibit "A" attached hereto. 4. FUNDING. Funding for the program shall be a combination of state or federal grants, matching funds, and inspection fees. All financial transactions for the program shall be within the vehicle envisions 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 Exhibit "A". 5. Termination. The Board shall not be terminated prior to the stated termination date of the Motor Vehicle Emissions Con- trol Oridinance attached hereto as Exhibit "A". The withdrawl of any agency prior to termination shall constitute a forfeiture of any funds or properties contributed by said agency to the Air Quality Board. Upon mutually agreed termination of motor Vehicle Emissions Control Ordinance by all participating agencies, the remaining funds or property contributed by each participating agency shall be returned to that agency. 6. Miscellaneous. ... a. The motor Vehicle Emissions Control Oridinance, attached hereto as Exhibit "A", provides the statutory enabling law for the implementation and administration of the motor vehicle emissions control program. Each public agency, through the execution of this Agreement, agrees to the enforcement of siad ordinance, where applicable, within its respective juris- diction. b. This agreement and the attached Exhibit "A" shall therefore be executed and adopted by each agency in accordance with all applicable statutory requirement. c. Any action of the Board shall be subject of the compliance with all state and federal laws applicable to municipalities and counties within the State of Idaho . Dated this Sth day of November, 1984 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN. APPROVED: P B rant P. Kingsf r -Mayor ATTEST: -City (:1e PA55ED ~BY THE COU'LQCIL AND APPROVED BY THE MAYOR OF THE CITY OF BOISE CITY, IDAHO APPROVED: By Richard R. Eardley--Mayor ATTEST: By Annette P. Mooney--City Clerk PASSED AND APPROVED BY THE BOARD OF ADA COUNTY COMMISSIONERS By By Vern Emery--Commissioner Bill Gratton--Chairman By By Ed Riddle--Commissioner John Basti a--County erk