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
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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.
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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.
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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.