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143 (Duplicated Reso #) Agreement w/ ACHD Collection of Road Impact Fees~z~ RESOLUTION NO. 143 BY THE COUNCIL: A RESOLUTION APPROVING A COOPERATIVE AGREEMENT FOR THE COLLECTION OF ROAD IMPACT FEES BY AND BETWEEN THE CITY OF MERIDIAN AND THE ADA COUNTY HIGHWAY DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE I7 RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY DF MERIDIAN, IDAHO: Section 1. That the Cooperative Agreement by and between the City of Meridian and the Ada County Highway District, a copy of said Cooperative Agreement marked Exhibit "A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and substance. Section ~. That the Mayor and City Clerk be, and they hereby are authorized to respectively execute and attest said Agreement for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Meridian, Idaho, this 17th day of March, 1992. APPROVED by the Mayor of the City of Meridian, this 17th day of March, 1992. APPROVED: GRANT P. KIN SF R MAYOR ATTEST: JACK NIEMANN, CITY CLERK 226 EXHIBIT A AGREEMENT This Agreement, made and entered into this 17th day of March, 1992, by and between MERIDIAN CITY, a municipal corporation thereinafter referred to as "City"), and ADA COUNTY HSGHWAY DISTRICT, by and through its duly elected Commissioners, Charles L. Winder, James E. Bruce, and Glenn J. Rhodes {hereinafter collectively referred to as "District"). W I T N E S S E T H• WHEREAS, the District has adopted Ordinance No. 184 relating to the imposition of a road impact fee on new development in Ada County, Idaho; and WHEREAS, City and District desire to enter into this Agreement to delineate certain areas of responsibilities for the collection of these fees. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is hereby mutually agreed as follows: 1. CONDITIONS. It is agreed by the parties to this Agreement that should developers, property owners, builders, or occupiers of property located within the jurisdictional limits of Meridian City apply to City for a building permit, structural permit, permit for the placement of a mobile home or manufactured home, or any similar permit, certificate, or application thereinafter referred to jointly as a "Permit" for the purposes of this Agreement) for which District Road Impact Fees are required, that the City and District shall cooperate with the review of the permit, the issuance of the permit until fees have been paid to the City or until the District has received the payment of the Road Impact Fees and notified the City of such action. 2. Indemnity. In consideration of City adopting District's conditions for a Permit, District agrees to indemnify and defend, save and hold harmless City, its officers agents, and employees, and all of them, from and against all liability, loss, damage, cost, and expense which may accrue or be sustained by City, its officers, agents, or employees as a result or consequence of any claims, suits, or actions made or brought by any third parties against City, its agents or employees, for conditions required solely by District in the City's Permit approval process. 227 3. Scope of Work. Tt is further agreed by the parties of this agreement that the City shall perform the work tasks listed below: Item No 1 - Monthly Summary The agency shall prepare a monthly summary report of the building permits that were issued during that period. This report shall include either a copy of all the building permits, or a typed list of the relevant information for each permit. Item No 2 - Building Area Calculation Residential Buildings: Calculate the gross floor area tg. f. a. ) of the structure to determine if it is larger than 1500 square feet. Commercial and Industrial Buildings: Calculate the gross floor area for primary use of the structure and the areas of the ancillary uses ( 20X g. f. a. ) within mixed use structure (i. e., office, storage, parking, specialty store, etc. ). Item No. 3 - Fee Administration The City shall review the proposed building program with the applicant, respond to questions and attempt to resolve technical problems. The City shall calculate the amount of the fee, collect the amount due, and remit the checks and money to ACHD on a weekly basis. Difficult problems and individual assessments (Section 10 of Ordinance #184) shall be referred to ACRD staff for processing. 4. Payments. The District agrees to compensate the City for the work performed under this agreement on an annual "lump sum" basis. The total payment, reimbursables, and direct labor for the work under this agreement shall be: TWENTY-TWO THOUSAND DOLLARS ($22,000.00) This maximum amount is subject to change in the event of modifications of the Scope of Work when approved inlementag by the District and documented by an approved supp agreement. 2~8 Progress payments shall be made on a quarterly basis for service performed upon receipt of an invoice from the City. 5. Term of Agreement. This Agreement shall continue, year to year unless terminated by either of the parties hereby by providing written notice of intent to terminate prior to ninety t90) days before the end of the fiscal year of each of the parties (October 1>. This Agreement shall not be terminated except by the above-referenced procedure. Either party may seek renegotiation of any provisions of this Agreement at any time by providing written notice of intent to renegotiate prior to termination. 6. Notices. Any an all required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Meridian City C/0 Mayor Meridian City 33 E. Idaho Meridian, Idaho 83642 Ada County Highway District 318 East 37th St. Boise, Idaho 83714 Either party may change their address for the purpose of this paragraph by giving notice of such change to the other in the manner herein provided. 7. Time is of the Essence. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the party so failing to perform. 8. Binding Upon Successors. Except to the extent specifically set forth herein, this Agreement shall be binding upon and inure to the benefit of the parties' respective successors, assigns, and personal representatives. 9. If litigation is commenced by the City of the District pursuant to this Agreement, the prevailing party shall be entitled to an award of attorneys fees and costs. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed, effective as of the day and year first above written. 29 MERIDIAN CITY: BY ATTEST: JACK NIEMANN RESOLUTION NO. 144 CITY EXCESSIUE FORCE POLICY A RESOLUTION OF THE CITY COUNCIL OF MERIDIAN, IDAHD, ADOPTING A PDLICY PROHIBITING THE USE OF EXCESSIVE FORCE AGAIN5T NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS. WHEREAS, the Congress of the United States has passed the Armstrong/Walker "Excessive Force" Amendment (P. L. 101-144 section 519) prohibiting the use of excessive force by a local law enforcement agency against any individuals engaged in nonviolent civil rights demonstrations within its jurisdiction; AND WHEREAS, the City of Meridian has received a Community Development Block Grant and is required to comply with the Armstrong/Walker "excessive force" Amendment; AND WHEREAS, the use of excessive force against demonstrators may cause the CITY to lose its grant or eligibility for future federal grants; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. It is the POLICY of the CITY that excessive force by local law enforcement agencies shall not be used against individuals engaged in lawful and non-violent civil rights demonstrations within the City boundaries. Section 2. The City Council directs the Police Chief to implement this Resolution by amending applicable police department procedures. PASSED BY THE CITY COUNCIL, CITY DF MERIDIAN, IDAHO.