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Monday,, July 11,, 2011— 130 p.m.
Special Joint Meeting Agenda
ACHD Auditorium, 3775 Adams Street, Garden City, Idaho
THE CITY OF BOISE
THE CITY OF MERIDIAN
THE CITY OF EAGLE
THE CITY OF KUNA
THE CITY OF GARDEN CITY
THE CITY OF STAR
ADA COUNTY
ADA COUNTY HIGHWAY DISTRICT COMMISSION
I to ?S /iV1
1:30 p.m. -Proposed ACHD Cost Share Ordinance (No. 215) Discussion
1. Opening comments & Cost Share Ordinance Background — Bruce Wong,
ACHD Director & Sally Good, ACHD Deputy Director of Planning and Project
Management
2. Proposed Cost Share Ordinance Review —Steve Price, ACHD General
Counsel
3. City/County comment review — Bruce Wong & Steve Price
a. Kuna
b. Star
c. Eagle
d. Garden City
e. Ada County
f. Meridian
g. Boise
4. Public comment
5. ACHD Commission closing comments
OF rf,
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IDIANA
1 _ 4
a. �►
Rebecca W. Arnold, President
John S. Franden, Vice President
Carol A. McKee, Commissioner
Sara M. Baker, Commissioner
David L. Case, Commissioner
Legal Department
June 10, 2011
TO: ACRD Board of Commissioners and Bruce S. Wong, Director
FROM: Steven B. Price, General Counsel
SUBJECT: Ordinance No. 215 — ACHD's Cost Share Ordinance
REGULAR AGENDA ITEM — June 22, 2011 Commission Meeting
BACKGROUND
Through the passage of Resolution 897, the ACRD Board of Commissioners adopted
ACHD's Interagency Cost Share Policies and Procedures ("Cost Share Policy") on May 27,
2009. The Cost Share Policy was one of three elements of the Transportation and Land Use
Integration Plan (TLIP). The purpose of the Cost Share Policy is to define the role of ACRD,
cities, the county, urban renewal agencies and other potential partners in funding
transportation and "non -transportation" elements of ACHD's road projects and also maintain
flexibility for ACRD to consider unique aesthetic features for ACRD of projects in order to
respond to the desires of partnering agencies for roadway features.
Approximately two years after the original adoption of the Cost Share Policy, the
Commission directed staff to draft the proposed Cost Share Ordinance in order to address
several issues associated with the Cost Share Agreements with some partnering agencies. A
couple of jurisdictions refused to incorporate ACHD's Cost Share Policies into these
Agreements. The Cost Share Ordinance eliminates the need for an Agreement and requires
each partnering agency to obtain a permit through the submittal of an application. Each issued
permit shall comply with the Ordinance and incorporate all of the conditions of the Cost Share
Ordinance.
The primary purpose of the Cost Share Ordinance is to establish a clear and equitable
system for ACHD to work with its partners to include features such as landscaping, specialized
pavement treatments, decorative lighting, public art, and other aesthetic features within the
public right-of-way. A partnering agency is not required to obtain a permit, unless there is a
specific non -transportation feature that the partner would like to be included in the roadway
project. Notwithstanding the issuance of a permit, ACRD will work closely with its partnering
agencies to design and construct roadways that are responsive to the needs of the traveling
public and land use plans.
The Ordinance is included in the ACRD Policy Manual at Section 3109. If adopted,
Ordinance 215 will apply prospectively from the effective date of July 23, 2011.
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387-6100 • FX 345-7650 • www.achd.ada.id.us
ORDINANCE SUMMARY
The Cost Share Ordinance will define the role of ACRD and its partnering agencies in
constructing and funding both transportation components and non -transportation components
of ACHD's road projects. It shall apply in instances in which a partnering agency desires to
incorporate non -transportation components into an ACRD road project.
The Cost Share Ordinance shall apply to ACHD and to all governmental entities that
have authority under federal and/or state law to construct, reconstruct and/or maintain non -
transportation components that are located or may become located within an ACRD road
project. Partnering agencies may include (without limitation) the following: cities, counties,
urban renewal agencies, the Idaho Transportation Department, school districts, utilities,
irrigation and * drainage districts, public transportation agencies, and local planning
organizations. The Cost Share Ordinance will not apply to private parties.
The Cost Share Ordinance will also provide that ACRD may fund transportation
components for any ACHD road project in accordance with its power and authority. Examples
of transportation components include the following: roads; bike facilities for bicycle use
within the public right-of-way and/or highways; curbs and gutters; sidewalks and pedestrian
facilities within the public right-of-way for the safe movement of pedestrians; paved medians
installed for purposes of motorist safety, access management and traffic flow; retaining walls
in connection with roadway design; highway lighting for the primary benefit to the motorist;
traffic control devices; storm water structures, drainage, and irrigation facilities; and any other
improvements, facilities, structures, works or fixtures that are necessary for motorist and/or
pedestrian traffic, motorist and/or pedestrian safety, public right-of-way maintenance, traffic
control, or that is otherwise necessary for the preservation of the highways or necessary to
mitigate ACHD project impacts on adjacent lands.
This Ordinance provides that partnering agencies may request that certain non -
transportation components be included in ACRD road projects in accordance with a partnering
agency's power and authority. Examples of non -transportation components include the
following: landscaping; specialized pavement or sidewalk treatments; decorative lighting or
other illumination features that are not for the primary benefit of the motorist; medians that are
not necessary for motorist and/or pedestrian traffic and safety; medians made of materials
other than hardscaping; pedestrian facilities that are not included in ACHD's Livable Design
Guide or other cross-section policies; bike lanes that are not included in ACHD's Livable
Design Guide or other cross-section policies; and utilities, parking, bus pull-outs, bus stops,
and specialized signing.
The Cost Share Ordinance sets forth procedures for providing notice of interest by a
partnering agency to ACHD requesting inclusion of non -transportation components into an
ACHD road project. It states that a partnering agency may submit notice of interest to ACHD
in the form of a written letter providing certain information set forth in Ordinance. In
addition, Ordinance No. 215 provides that ACHD will use best efforts to contact various
partnering agencies from time to time for input concerning potential non -transportation
components into ACHD road projects.
If a partnering agency determines it would like ACHD to incorporate non -transportation
components into any ACHD road project, Ordinance No. 215 requires that the partnering
2
agency complete and submit a cost share application. The application form is included in the
Ordinance. As minimum criteria, the application must identify the applicable ACRD road
project; describe the proposed non -transportation components; specify that all design costs of
the non -transportation components are the responsibility of the partnering agency and allocate
design costs accordingly; allocate construction responsibilities and construction costs; address
real property acquisitions; provide that the partnering agency will be responsible for
maintaining the non -transportation components pursuant to permission granted by ACHD;
address the relocation of any utilities; address the effect of the non -transportation components
on storm water quality and provide for appropriate mitigation I or funding for mitigation; and
provide certain certifications by the partnering agency to ACHD with regard to the partnering
agency's responsibilities and obligations, as well as the reservation of ACHD's rights. All
allocations of cost and responsibilities must comply with the terms of the Ordinance.
In addition, the Cost Share Ordinance sets forth the process and timelines by which
ACHD will review and either approve, deny, or reject any cost share application. In the event
ACHD approves a cost share application, ACHD will issue a cost share permit to the
partnering agency. The cost share permit shall provide the terms and conditions upon which
the incorporation of the non -transportation components is approved. If ACHD denies a cost
share application, or if ACHD issues a cost share permit on terms that are unacceptable to the
partnering agency, the Ordinance provides an appeal process by which the partnering agency
may appeal ACHD's decision to the ACHD Commission for a final decision.
The Ordinance also reserves ACHD's right to consider exceptions to the Ordinance on a
case-by-case basis and in accordance with Idaho law. The Ordinance provides a process for
requesting and processing a variance.
ALTERNATIVES
a. Adopt Ordinance 215 as presented;
b. Adopt Ordinance 215 with changes;
c. Do not adopt Ordinance 215, and remand back to staff for further consideration.
STAFF RECOMMENDATION
Adopt Ordinance 215, as presented, and direct staff to include in ACHD Code and
Policy Manual.
ATTACHMENT
Proposed Ordinance Number 215
3
11 !1 IIIIIIIM, III
ORDINANCE NO. 215
ADA COUNTY HIGHWAY DISTRICT
BY THE ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS:
REBECCA W. ARNOLD, JOHN S. FRANDEN, CAROL A. MCKEE, SARA M. BAKER,
DAVID L. CASE.
AN ORDINANCE REPEALING ADA COUNTY HIGHWAY DISTRICT
RESOLUTION NO. 897 ADOPTED MAY 27, 2009, AND AMENDING ADA COUNTY
HIGHWAY DISTRICT ORDINANCE NO. 201 AND TITLE III OF THE ACRD CODE,
ADOPTED APRIL 12, 2006, WITH THE ADOPTION OF NEW TITLE III, SECTION 3109
OF THE ADA COUNTY HIGHWAY DISTRICT CODE ENTITLED "ADA COUNTY
HIGHWAY DISTRICT COST SHARE ORDINANCE", ESTABLISHING NEW RULES AND
REGULATIONS RELATING TO FUNDING OF BOTH TRANSPORTATION AND NON -
TRANSPORTATION ELEMENTS FOR ADA COUNTY HIGHWAY DISTRICT ROAD
PROJECTS.
WHEREAS, Idaho Code Section 40-1406 provides that the Commissioners of the Ada
County Highway District (the "District" or "ACHD") may pass ordinances for carrying into
effect or discharging all powers and duties conferred upon the District; and
WHEREAS, Idaho Code Section 40-1406 further provides that the District may print or
publish ordinances in book or pamphlet form pursuant to the authority of the Commissioners;
and
WHEREAS, pursuant to Idaho Code Sections 40-1406, 40-1310 and 40-1415, the
District is vested with the exclusive authority and responsibility for the design, construction,
reconstruction and maintenance of rights-of-way within its jurisdiction; and
WHEREAS, ACHD is a special purpose government who's authority to make
expenditures and participate in interagency cost sharing for roadway projects is limited to the
specific authority granted under Idaho law; and
WHEREAS, pursuant to Idaho Code Sections 40-1310 and 40-1415, any roadway
project improvements that result in costs outside of ACHD's specific statutory authority are costs
that must be paid for by a partnering agency requesting the improvements; and
WHEREAS, the Commissioners of the Ada County Highway District desire to repeal
ACHD Resolution No. 897, adopted May 27, 2009, and amend the Ada County Highway District
Code, Ordinance No. 201, adopted April 12, 2006, with the adoption of a new Title III, Section
3109 of the Ada County Highway District Code, to establish new rules and regulations relating
to funding of both transportation and non -transportation elements for District road projects; and
WHEREAS, new Title III, Section 3109 of the Ada County Highway District Code will
clearly define the rule of ACHD, cities, the county, urban renewal agencies and other potential
partnering agencies in funding both transportation and non -transportation elements on the
Ordinance No. 215
Adopted June 22, 2011, Effective July 23, 2011
District's road projects and maintain flexibility for ACHD to consider unique aesthetic features
of road projects and recognize the desires of partnering agencies for non -transportation features
within their boundaries; and
WHEREAS, new Title III, Section 3109 of the Ada County Highway District Code will
establish clear and equitable rules and regulations for ACRD to cooperate with other partnering
agencies within Ada County to include non -transportation components such as landscaping,
specialized pavement and sidewalk treatments, decorative lighting and other aesthetic features
beyond the transportation elements that are necessary for safety and mobility; and provide a
framework whereby a partnering agency may enter into a cost share partnership with ACRD to
fund the incremental costs of these improvements including: design, land acquisition,
construction, and perpetual maintenance of any requested aesthetic feature and/or non -
transportation component on District road projects.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF THE ADA COUNTY HIGHWAY DISTRICT, ADA COUNTY,
IDAHO, ACRD Resolution No. 897 is repealed and all other Resolutions or parts of Resolutions
in conflict with this Ordinance, to the extent of such conflict, are hereby repealed.
BE IT FURTHER ORDAINED, that the Ada County Highway District Code,
Ordinance No. 201, adopted April 12, 2006, is amended with the adoption of a new Title III,
Section 3109 of the Ada County Highway District Code, entitled "Ada County Highway District
Cost Share Ordinance," establishing new rules and regulations relating to funding of both
transportation and non -transportation elements for District road projects as follows:
3109 COST SHARE ORDINANCE
3109.1 Short Title, Authority and Applicability
This Ordinance shall be known and may be cited as the "Ada County Highway
District Cost Share Ordinance."
The Board of Commissioners of the Ada County Highway District has the
authority to adopt ordinances pursuant to the powers granted it under § 40-
1406, Idaho Code.
This Ordinance shall apply in all areas under the control and jurisdiction of the
Ada County Highway District, including all Highways and Public Rights -of -Way
within Ada County.
3109.2 Findings and Purpose
The Board of Commissioners of ACHD finds that it is in the best interest of the
citizens of Ada County, Idaho to define the role of ACHD and its partnering
agencies in constructing and funding both Transportation Components and
Non -Transportation Components of ACHD's Road Projects. ACHD has limited
funding for transportation improvements. It is the intent of the Commission by
enactment of this Ordinance to:
Ordinance No. 215 2
Adopted June 22, 2011, Effective July 23, 2011
a. acknowledge that Title 40, Chapter 14 specifically reserves
jurisdiction to the cities to authorize the expenditure of
funds for the placement, care and removal of Non -
Transportation Components in the public right-of-way;
b. acknowledge that cities have the statutory authority and
expertise to design, develop and fund Non -Transportation
Components in the Public Right -of -Way in order to define
the aesthetic character of their respective communities;
C. declare that all ACHD revenues should be spent
exclusively for the construction and maintenance of the
Transportation Components of Road Projects, which
includes pedestrian and drainage facilities;
d. adopt a policy that establishes that ACHD will not fund any
Non -Transportation Components;
e. provide rules for when ACHD and partnering agencies
desire to include Non -Transportation Components into
ACHD's Road Projects;
f. ensure that any Road Project improvements that result in
costs outside of ACHD's statutory jurisdiction over
Transportation Components are funded by the partnering
agency that requests such Non -Transportation
Components;
g. establish Non -Transportation Components to be included
in cost-sharing applications submitted to ACHD by a
partnering agency for approval; and
h. establish an application and permit process whereby
partnering agencies may apply to ACHD for approval of a
cost-sharing request.
3109.3 Definitions
Following are definitions of certain terms used in this Ordinance.
As used in this Ordinance the following terms shall have the following
meanings:
"ACRD" means the Ada County Highway District.
"Commission" means the Board of Commissioners of ACRD.
"Cost Share Application" means an application submitted by a Partnering
Agency to ACHD in accordance with this Ordinance.
"Cost Share Permit" means a permit issued by ACHD to a Partnering Agency
in accordance with this Ordinance.
Ordinance No. 215 3
Adopted June 22, 2011, Effective July 23, 2011
"Highway Necessity" means an improvement, structure, work, or fixture, that is
necessary for motorist and/or pedestrian traffic, motorist and/or pedestrian
safety, Public Right -of -Way maintenance, traffic control, or that is otherwise
necessary to the preservation of the Highways or necessary to mitigate project
impacts on adjacent lands, in each case as determined by ACRD.
"Hardscape" means to surface areas within sidewalk buffers and paved
medians with hard material, such as asphalt, concrete, or similar materials, as
opposed to soil and vegetation.
"Highway" means rights-of-way, curbs, gutters, culverts, sidewalks, paved
medians, bulkheads, retaining walls, bridges, culverts, sluices, drains,
stormwater facilities, waterways, embankments, tunnels, grade separation
structures, bicycle facilities, and any other structures, works or fixtures
incidental to the preservation of the highways for motorist and public safety.
"Non -Transportation Components" means those components of a Road
Project set forth in Section 3109.6.3, and includes components that are
requested by a Partnering Agency and are the Partnering Agency's
responsibility.
"Partnering Agency" means any of the agencies defined in Section 3109.5.2 of
this Ordinance.
"Person" means an individual, corporation, partnership, association,
government agency, or other entity.
"Public Right -of -Way" means a public right-of-way under the jurisdiction of
ACHD.
"Road Project" means a Public Right -of -Way and/or Highway improvement
project by ACHD that may, in accordance with the provisions of this
Ordinance, incorporate both Transportation Components under the jurisdiction
and control of ACHD and Non -Transportation Components requested by a
Partnering Agency.
"Transportation Components" means those components of a Road Project set
forth in Section 3109.6.2, and includes components that are under the
jurisdiction of ACHD and are ACHD's statutory responsibility.
3109.4 Rules of Construction
The provisions of this Ordinance shall be interpreted to
state and federal law, including but not limited to
Constitution, the State of Idaho Constitution, federal
statutes including without limitation Idaho Code Title 40.
3109.5 Applicability
3109.5.1 General Application
Ordinance No. 215
Adopted June 22, 2011, Effective July 23, 2011
be consistent with
the United States
statutes, and state
4
This Ordinance governs and is limited to those instances in which
a Partnering Agency desires to incorporate Non -Transportation
Components into an ACHD Road Project.
3109.5.2 Applicability to Partnering Agencies
This Ordinance applies to all governmental entities that have the
authority under federal and/or state law to construct, reconstruct,
and/or maintain Non -Transportation Components that are located
or may become located within an ACHD Road Project in
accordance with the terms of this Ordinance. Such governmental
entities may include the following:
a. Cities
b. Counties
C. Urban Renewal Agencies
d. Idaho Transportation Department
e. School Districts
f. Utilities
g. Irrigation and Drainage Districts
h. Regional Public Transportation Authority (Valley Regional
Transit) (provided, however, that issues related to the
construction, placement, or relocation of transit structures
in Public Right -of -Way are addressed under that certain
Cooperative Agreement for Transit Structures between
ACHD and VRT dated July 1, 2007, or as amended in the
future, and are not governed by this Ordinance)
L Metropolitan Planning Organization (MPO) or
Transportation Management Agency (TMA)
Nothing in this Ordinance shall be construed to prevent a
Partnering Agency from requiring a third party to pay for the costs
or install improvements allocated to the Partnering Agency by a
Cost Share Application and Cost Share Permit issued in
accordance with this Ordinance.
3109.5.3 Non -Application to Agreements with Private Parties
This Ordinance does not govern instances in which a ACHD and a
Partnering Agency desire to enter into a development agreement
with a private party pursuant to ACHD's Impact Fee Ordinance
and the Idaho Development Impact Fee Act.
Ordinance No. 215 5
Adopted June 22, 2011, Effective July 23, 2011
3109.6 ACHD's Jurisdiction and Authority Over Road Projects
3109.6.1 ACHD General Jurisdiction
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, and operate Highways and
Public Rights -of -Way in Ada County, Idaho. Idaho Code Title 40,
Chapters 13 and 14, define ACHD's jurisdiction and powers, and
includes, by way of example and without limitation, the following:
a. full power to construct, maintain, repair, acquire, purchase
and improve all Highways within ACHD's Highway system;
b. all transportation powers and duties that would by law be
vested in the commissioners of Ada County if not already
vested in AC H D;
C. the power to establish and post speed and other regulatory
signs;
d. the right to acquire all lands and other property necessary
for the construction, use, maintenance, repair and
improvement of Highways;
e. the right to change the width or location or straighten the
lines of any Highway;
f. the exclusive general supervisory authority over all
Highways, public streets and Public Rights -of -Way under
its jurisdiction, with full power to establish design
standards, establish use standards, pass resolutions and
establish regulations in accordance with the provisions of
Title 49, Idaho Code, and to control access to said public
Highways, public streets and Public Rights -of -Way.;
g. design, construction, reconstruction and maintenance of
city rights-of-way and accompanying curbs, gutters,
culverts, sidewalks, paved medians, bulkheads and
retaining walls, which shall include: (a) traffic and safety
engineering for both motorist and pedestrian traffic;
(b) procurement and installation of highway lighting where
it is primarily of benefit to the motorist (provided that
energy costs and maintenance of lighting shall
subsequently be a function of the applicable city or the
county); (c) procurement, installation, operation and
maintenance of traffic control devices where they are
needed for traffic control; and (d) drainage where it is
necessary for motorist safety or necessary for right-of-way
maintenance;
Ordinance No. 215
Adopted June 22, 2011, Effective July 23, 2011
h. acquisition and acceptance of Public Rights -of -Way; and
i. responsibility for planning and locating Public Rights -of -
Way.
3109.6.2 Transportation Components
ACHD may fund components of any Road Project in accordance
with the powers and authority granted to ACHD in accordance with
the authority above. By way of example and without limitation,
"Transportation Components" of a Road Project funded by ACHD
may include the following, so long as they are a Highway
Necessity:
a. Roads - through lanes and turn lanes for the purpose of
vehicular movements;
b. Bike Facilities - facilities for bicycle use within the Public
Right -of -Way and/or Highways;
C. Curbs and Gutters - infrastructure for storm water
conveyance on urban cross-sections;
d. Sidewalks — pedestrian facilities within the Public Right -of -
Way for the safe movement of pedestrians; including
safety buffers that are a Highway Necessity;
e. Paved Medians - facilities installed for purposes of motorist
safety, access management and traffic flow;
f. Retaining Walls - facilities for buttressing of slopes as a
result of roadway design;
g. Highway Lighting — procurement and installation of
illumination for the primary benefit to the motorist;
h. Traffic Control Devices - traffic and pedestrian signals,
flashing beacons, signage, striping, and intelligent
transportation system facilities;
i. Drainage - storm water structures, drainage, and irrigation
facilities,
j. Any other improvements, facilities, structures, works, or
fixtures that are a Highway Necessity.
3109.6.3 Non -Transportation Components
There are certain improvements or features that a Partnering
Agency may request to be incorporated into an ACHD Road
Project that do not fall within the definition of Transportation
Components and/or are not a Highway Necessity. These "Non -
ordinance No. 215 7
Adopted June 22, 2011, Effective July 23, 2011
Transportation Components" are improvements which ACHD will
not fund. By way of example and without limitation, "Non -
Transportation Components" of a Road Project funded by a
Partnering Agency may include the following depending on the
particular power and authority of the Partnering Agency:
a. Landscaping;
b. Specialized pavement or sidewalk treatments;
C. Decorative lighting or other illumination features that are
not for the primary benefit of the motorist;
d. Medians that are not a Highway Necessity;
e. Medians necessary for traffic management, but made of
materials other than Hardscape;
f. Pedestrian facilities that are not included in ACHD's
Livable Design Guide or other cross-section policies;
g. Bike lanes that are not included in ACHD's Livable Design
Guide or other cross-section policies; and
h. Utilities, parking, bus pullouts, bus stops, and specialized
signing.
3109.7 Procedure for Providing Notice of Interest for Inclusion of Non -Transportation
Components Into an ACRD Road Project
ACHD shall determine whether to include Non -Transportation Components
into ACHD Road Projects after submission of a Cost Share Application by a
Partnering Agency pursuant to Section 3109.8.1 below. However, ACHD
recognizes that in some circumstances, it may be beneficial for ACHD and a
Partnering Agency to exchange information in advance of the application
process. For that reason, prior to submitting a Cost Share Application, a
Partnering Agency may elect to notify ACHD that it is interested in the
inclusion of Non -Transportation Components into a future ACHD Road Project
through any of the following procedures set forth in this Section below.
Notifying ACHD of this interest shall not obligate ACHD in any way to
incorporate the Non -Transportation Components or to make any determination
at the time of such notice as to whether to incorporate the Non -Transportation
Components. Such determination shall be made only upon the submission of
a complete Cost Share Application.
3109.7.1 Notice of Interest by Partnering Agency
Prior to submitting a Cost Share Application, a Partnering Agency
may contact ACHD at any time to provide notice of its interest to
include Non -Transportation Components in connection with any
planned ACHD Road Project. Partnering Agencies are
encouraged to provide this notice during ACHD's annual request
Ordinance No. 215 8
Adopted June 22, 2011, Effective July 23, 2011
for input on its Five -Year Work Plan (FYWP). Such interest should
provide as much detail as possible and should:
a. be provided in a written letter to ACHD, addressed to
Deputy Director, Planning and Project Management
Division,
b. identify the name or location of the applicable Road
Project,
c. identify the Non -Transportation Components being
proposed by the Partnering Agency, and
d. provide any information available about the anticipated
cost and proposed funding for the Non -Transportation
Components.
3109.7.2 Invitation from ACHD
From time to time, before or during project development, ACHD
will use its best efforts to contact various Partnering Agencies and
request input as to whether any Non -Transportation Components
are desired by the Partnering Agency in connection with any
ACHD Road Project. In addition, ACRD will provide each city and
county that is a Partnering Agency with a list of ACHD Road
Projects planned within city or county limits on an annual fiscal
year basis. If the Partnering Agency determines it would like to
incorporate Non -Transportation Components into the ACHD Road
Project, it shall complete a Cost Share Application pursuant to
Section 3109.8.1 below. ACHD may elect to specify a deadline by
which the Partnering Agency must submit a Cost Share
Application in order for the incorporation of the Non -Transportation
Components to be considered. Applications that are not timely
submitted may be rejected, or, if they are considered, they will be
approved only on the condition that the Partnering Agency pay for
all redesign costs and other costs associated with the inclusion of
the Non -Transportation Components.
3109.8 Cost Share Application
3109.8.1 Submission of Cost Share Application
If a Partnering Agency determines it would like ACHD to
incorporate Non -Transportation Components into any ACHD Road
Project, it shall complete and submit the Cost Share Application
set forth on Appendix 1, attached hereto and incorporated herein.
There shall be no application fee required in connection with
submitting the Cost Share Application.
To be considered for approval, all Cost Share Applications must
provide information and certifications by the Partnering Agency
consistent with the following specifications and rules:
Ordinance No. 215 9
Adopted June 22, 2011, Effective July 23, 2011
a. Project Description. Each Cost Share Application shall
identify the Road Project and include a complete
description of the Non -Transportation Components. If
project plans or other conceptual designs for the inclusion
of the Non -Transportation Components are available at the
time of execution, they shall be provided by Exhibit to the
Cost Share Application.
b. Project Design. All Road Project design and operation
associated with an ACHD Road Project incorporating Non -
Transportation Components pursuant to a Cost Share
Application shall comply with (i) the American Association
of State Highway and Transportation Officials ("AASHTO")
guidelines, (ii) this Ordinance, (iii) all adopted ACHD rules
and regulations, and (iv) all state and federal laws. All
Non -Transportation Component designs and plans shall
either be provided by ACHD directly (with reimbursement
by the Partnering Agency) or shall be subject to the review
and approval of ACRD.
C. Project Design Costs. All Cost Share Applications shall
specify that all Road Project design costs associated with
the Non -Transportation Components are the responsibility
of the Partnering Agency. Such allocation shall be made
in accordance with the provisions of this Ordinance and the
Project Cost Responsibilities Chart is summarized on
Appendix 2, when applicable. Any redesign costs of
Transportation Components of the Road Project that are
necessitated by the incorporation of Non -Transportation
Components in the Road Project also shall be paid by the
Partnering Agency.
d. Project Construction. All Cost Share Applications shall
identify whether ACHD or the Partnering Agency will be
responsible to construct the Non -Transportation
Components. There shall be a presumption that in most
instances, the Partnering Agency shall be responsible for
the construction of the Non -Transportation Components. If
the Partnering Agency is responsible for any construction,
the Partnering Agency must certify in its Cost Share
Application that such construction will not negatively
impact ACH D's construction of the Transportation
Components or the overall ACHD Road Project schedule
in any way. In addition, the Partnering Agency shall be
responsible for obtaining all permits required by ACHD in
connection with any construction.
e. Project Construction Costs. All Cost Share Applications
shall allocate the Road Project construction costs, with the
Partnering Agency responsible for paying all construction
costs associated with the Non -Transportation
Ordinance No. 215 10
Adopted June 22, 2011, Effective July 23, 2011
Components, including applicable construction
administration costs, and ACHD responsible for paying all
construction costs associated with the Transportation
Components. Such allocation shall be made in accordance
with Project Cost Responsibilities Chart is summarized on
Appendix 2, when applicable. Any reconstruction costs of
Transportation Components of the Road Project that are
necessitated by the incorporation of Non -Transportation
Components into the Road Project also shall be paid by
the Partnering Agency.
f. Land Acquisition. If real property is necessary for the Non -
Transportation Components, of if the incorporation of Non -
Transportation Components into the Road Project
necessitates or increases the costs of the acquisition of
real property for the Transportation Components, then the
Partnering Agency shall be responsible for acquiring,
paying for, or dedicating such additional real property
and/or paying for the cost increase in the acquisition of real
property for the Transportation Components, as applicable.
g. Maintenance. All Cost Share Applications shall provide
that the Partnering Agency shall be solely responsible for
perpetually replacing, maintaining, and caring for the Non -
Transportation Components, so long as ACHD provides
the Partnering Agency with authority and permission to do
so pursuant to the terms of the Cost Share Permit. The
Partnering Agency shall also certify in the Cost Share
Application that if the Partnering Agency fails to replace,
maintain, and care for the Non -Transportation
Components, ACHD shall have the following remedies in
addition to any other recovery in law or in equity, provided
that ACRD first gives the Partnering Agency thirty (30)
days notice and the Partnering Agency fails to remedy
such failure: (i) ACHD may revoke the Partnering
Agency's Cost Share Permit for the Non -Transportation
Components, (ii) ACHD may replace, maintain, and/or care
for the Non -Transportation Components and the Partnering
Agency shall reimburse ACHD fully for all associated
costs, (iii) ACHD may remove, alter, redesign, or in the
case of landscaping, hardscape over the Non -
Transportation Components, and the Partnering Agency
shall reimburse ACHD fully for all associated costs, and
(iv) ACHD may refuse to issue any further Cost Share
Permits or any other permits for future ACHD Road
Projects until the Partnering Agency complies with the
conditions of the Cost Share Permit. In addition, in the
event of an emergency caused by the Partnering Agency's
failure to perform required maintenance, ACHD may
immediately perform any and all emergency repairs or take
other measures in connection with an emergency, and the
Ordinance No. 215 11
Adopted June 22, 2011, Effective July 23, 2011
Partnering Agency shall reimburse ACHD fully for all
associated costs.
h. Future Work. In the event the Non -Transportation
Components will or may necessitate future maintenance,
repair, relocation, or replacement that is not the subject of
the original Cost Share Permit, ACHD shall in its discretion
issue the Partnering Agency an amended Cost Share
Permit to perform such work.
i. Relocation of Utilities. The Partnering Agency shall be
solely responsible for all costs associated with the
relocation of any utilities required in connection with the
placement, incorporation, or construction of the Non -
Transportation Components, provided that ACHD may
require, as a condition of the Cost Share Permit, that the
Partnering Agency be responsible for the relocation.
J•
Effect on Storm Water Quality. The Cost Share
Application shall include a certification by the Partnering
Agency that if ACHD determines that a Partnering
Agency's request for a Non -Transportation Component will
have an adverse affect on storm water quantity or quality,
the Partnering Agency shall be responsible for mitigating or
funding the mitigation of any such adverse effects, in a
means determined by or acceptable to ACRD.
k. Medians. If a Partnering Agency requests medians that
are not necessary for traffic management, then the
Partnering Agency shall be solely responsible for all of the
costs of the median, including, without limitation, the
design, construction, additional land acquisition, and
maintenance costs. If ACHD determines that a median is
necessary for traffic management, then the Partnering
Agency shall be responsible for all of the costs of any
aesthetic features and landscaping associated with the
median, including without limitation, the design,
construction, and maintenance costs related to the
aesthetic features and landscaping that are in excess of
the cost of installing Hardscape.
I. Pedestrian/Bicycle Facilities. If a Partnering Agency
requests bicycle and pedestrian facilities that are not a
Highway Necessity and/or identified in ACHD's Livable
Street Design Guide or other cross-section policies, the
Partnering Agency shall be solely responsible for providing
or paying all of the costs for the bicycle and pedestrian
facilities, including, without limitation, the design,
construction, land acquisition, and maintenance.
Ordinance No. 215 12
Adopted June 22, 2011, Effective July 23, 2011
M. On -Street Parking. ACHD shall fund the land acquisition,
construction, and maintenance of on -street parking where
appropriate on arterials for ACHD Road Projects. If a
Partnering Agency requests any additional on -street
parking, then the Partnering Agency shall be solely
responsible for all costs associated with the on -street
parking.
n. Federally -Funded Projects. If there are federal funds
available for any Non -Transportation Components in a
federal project that becomes an ACHD Road Project, the
match paid by Partnering Agencies shall be proportionate
to the share of the Non -Transportation Components of the
Road Project.
o. Mitigation. Site-specific mitigation may include specialized
treatments such as sound walls, berms, and other
components whose purpose is to mitigate traffic impacts
within the Road Project area. Funding and responsibility
for mitigation shall be addressed in the Cost Share
Application and Cost Share Permit.
p. Revocation of Rights by ACRD. Each Cost Share
Application shall include a certification by the Partnering
Agency that ACRD shall at all times have the right to (i)
maintain, relocate, reconstruct, remove, or redesign any
and all improvements that are part of the Road Project, in
which case the Partnering Agency shall reimburse ACHD
fully for all associated costs, (ii) revoke any Cost Share
Permit granted to the Partnering Agency to access any
Highway or Public Right -of -Way, and (iii) immediately
perform any and all emergency repairs or take other
measures in connection with an emergency, in which case
the Partnering Agency shall reimburse ACHD fully for all
associated costs. ACHD shall use best efforts to provide
the Partnering Agency with advance notice before taking
any of these steps.
q. Indemnification. Each Cost Share Application shall include
a certification by the Partnering Agency that it will
indemnify ACHD from all damages caused or suffered by
the Partnering Agency and its contractors and agents and
invitees in connection with the Road Project.
3109.8.2 Determination as to Completeness of Cost Share Application
Upon receipt of a Cost Share Application from a Partnering
Agency, ACHD shall first review it and make a determination as to
whether the Cost Share Application contains all information
necessary for making a determination whether to grant or deny
the application. Within 30 days following receipt of the Cost Share
Ordinance No. 215 13
Adopted June 22, 2011, Effective July 23, 2011
Application, ACRD shall provide notice to the Partnering Agency
indicating that either (i) the application is complete and no further
information is needed at that time, or (ii) the application is
incomplete and requires certain other additional information prior
to consideration. If ACHD notifies the Partnering Agency that the
application is incomplete, then the Partnering Agency shall
resubmit the entire application with the additional requested
information within fifteen (15) days. ACHD shall then review the
application and notify the Partnering Agency within 15 days that
either (i) the application is complete and no further information is
needed at that time, or (ii) the application is incomplete and
requires certain other additional information prior to consideration.
If ACHD notifies the Partnering Agency that the application is
complete, such notification shall not preclude ACHD from
requesting additional information should it become necessary at
any time during the full consideration stage outlined below in this
Section. ACRD may at any time notify the Partnering Agency that
its Cost Share Application is or will be rejected if it would be
untimely in relation to the ACHD Road Project schedule.
3109.8.3 Approval or Denial of Cost Share Application — Issuance of Cost
Share Permit
After ACHD notifies the Partnering Agency that the application is
complete and no further information is needed at that time,
ACHD's Director or the Director's designee(s) shall determine, in
his or her discretion, whether to approve or deny the application.
If an application is approved, ACHD shall issue a Cost Share
Permit to the Partnering Agency that provides the terms and
conditions upon which the incorporation of the Non -Transportation
Components is approved. The Cost Share Permit shall include a
schedule for completion of the Road Project. Any application
that is approved by ACHD must comply with the requirements set
forth in this Ordinance, including, without limitation each of the
provisions set forth in Section 3109.6 regarding ACHD's
jurisdiction and authority over Transportation Components and
each Partnering Agency's jurisdiction and authority over Non -
Transportation Components. The application must also be
consistent with the requirements of any cost sharing arrangement
set forth in Section 3109.8.1 above. Additional reasons for denial
of any application may include, but are in no way limited to
considerations of economics, the impact on project costs,
availability of ACHD staff and resources, anticipated project
schedules, availability of land acquisitions, noncompliance with
any issued Cost Share Permits or other permits or applicable law
and the authority of ACHD and/or the Partnering Agency, and
other feasibility issues. If at any point during the consideration
process, ACHD determines that it requires additional information
from the Partnering Agency in order to consider the application,
ACHD shall notify the Partnering Agency and the Partnering
Agency shall supply the information with a new application.
Ordinance No. 215 14
Adopted June 22, 2011, Effective July 23, 2011
3109.9 Appeal Process
If ACHD denies a Cost Share Application, or if ACHD issues a Cost Share
Permit on terms that are unacceptable to the Partnering Agency, the
Partnering Agency shall have fourteen (14) days following receipt of written
notice on the denial of the Cost Share Application or issuance of the Cost
Share Permit to appeal the decision to the ACRD Commissioners. To make
such appeal, the Partnering Agency shall submit the following:
a. written notice of the Partnering Agency's request to appeal
the decision, addressed to the Commission,
b. a copy of the application and a copy of ACHD's denial of
the application,
C. a copy of any other information submitted to ACHD in
connection with the application, and
d. optionally, a written statement indicating why the
Partnering Agency believes the application should be
approved on appeal or why the Cost Share Permit should
be revised.
Upon receipt of an appeal, the ACHD Commission shall consider the appeal
and make a decision within 30 days. The ACHD Commission's decision shall
be communicated in writing to the Partnering Agency. The ACHD
Commission's decision shall be final and non -appealable.
3109.10 Exceptions
ACHD reserves the right to consider exceptions to this Ordinance on a case-
by-case basis and in accordance with Idaho law. Any exceptions to this
Ordinance shall require the Commission's approval granted in response to a
written request from the Partnering Agency for a variance, identifying the
specific provisions of this Ordinance from which the Partnering Agency
requests an exception in connection with any Road Project, and any
supporting documentation. The variance request may be made in advance of
submitting the Cost Share Application for the Road Project or simultaneously
with the submission of the Cost Share Application.
3109.11 Severability/Conflict with Other Laws
The provisions of this Ordinance are hereby declared to be severable, and if
any provision of this Ordinance or the application of the same to any Person
or circumstance is declared invalid for any reason, such declaration shall not
affect the validity of the remaining portions of the Ordinance. In the event of
any conflict between this Ordinance and any state or federal law, the
applicable state or federal law shall control.
3109.12 Effective Date
This Ordinance shall be effective on July 23, 2011.
Ordinance No. 215 15
Adopted June 22, 2011, Effective July 23, 2011
BE IT FURTHER ORDAINED, that this Ordinance shall be in full force and effect from and
after July 23, 2011, following its passage, approval and publication as provided by Idaho Code
Section 40-1406.
ADOPTED BY THE ADA COUNTY HIGHWAY DISTRICT BOARD OF
COMMISSIONERS THIS day of June, 2011.
ADA COUNTY HIGHWAY DISTRICT
BOARD OF COMMISSIONERS
By:
Rebecca W. Arnold, President
By:
Carol A. McKee, Commissioner
ATTEST:
Bruce S. Wong, Director
Lon
John S. Franden, Vice President
By:
Sara M. Baker, Commissioner
By:
David L. Case, Commissioner
Ordinance No. 215 16
Adopted June 22, 2011, Effective July 23, 2011
APPENDIX 1
COST -SHARE APPLICATION
See attached
Ordinance No. 215 17
Adopted June 22, 2011, Effective July 23, 2011
June 17, 2011
The Honorable Rebecca Arnold
President
Board of Commissioners
Ada County Highway District
3775 Adams Street
Garden City, ID 83714
Dear President Arnold:
Mayor Tammy deWeerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
This letter is being sent in response to the proposed ACRD Cost Share Ordinance 215 which
ACRD will consider adopting during your June 22nd meeting. While the City of Meridian
understands and supports ACHD in your quest to maximize resources for "transportation
components" associated with roadway projects, we are concerned about the approach you are
taking to accomplish this task in the proposed Cost Share Ordinance and absent changes
being made we cannot support the ordinance as written.
The draft ordinance attempts to define which elements of a roadway project ACHD is and is
not responsible for, but fails to acknowledge the contributions the cities, developers, and
other stakeholders make on ACHD's behalf well in advance of roadway construction.
Roadway projects require our agencies to coordinate and partner to plan for and ultimately
construct projects that meet the communities' needs, fully addressing all components that
make a roadway project "complete". The City believes that building and maintaining streets
for all users should be a primary function and responsibility of ACRD, and that we already
provide a very substantial benefit to the District through right-of-way preservation and other
in-kind contributions towards projects.
With some changes, however, this draft ordinance could serve a purpose; strengthening our
relationship and the way we work and correspond with each other, while equitably
addressing responsibilities and costs associated with roadway projects. We would like you to
consider our comments below and we have included draft language with changes to Cost
Share Ordinance 215:
Sections 3109.2 and 3109.6.3 of the draft policy state that ACRD will not be responsible
for funding "Non -Transportation Components". The City believes ACHD has a
responsibility to comply with city ordinances and AASHTO particularly as they apply to
Mayor's Office . 33 E. Broadway Avenue, Meridian, !D 83642
Phone 208-888-44 1 . Fax 208-884-8114 . www.rneridianrity nrn
The Honorable Rebecca Arnold
Page 2
landscape street buffers and planter areas. The City does not believe these requ41
irements
are frivolous and optional amenities, but rather required elements that define our
community by providing a safe and attractive traveling environment for motorists,
bicyclists, and pedestrians.
There are situations where ACHD should fund ACHD-defined non -transportation
components. Specifically, within ACHD constructed roundabouts landscaping or some
other form of specialized treatment within the roundabout is a "Highway Necessity" for
safety. Additionally, Meridian City Code 11-3A-17 requires a tree -planted parkway along
public streets where the sidewalk is detached from the curb. AASHTO also requires
roadway design to provide protection for pedestrians. Further, Meridian City Code 11-
3B-7 requires a landscape buffer along all arterial streets; adjacent to ACHD storm drain
ponds, a landscape buffer should be installed by the District consistent with city code and
the investments made by other development along a corridor.
The City believes that the draft ordinance not only conflicts with city code but it is also
inconsistent internally with your own policies. The ACHD Complete Streets Policy
commits the District to accommodating all users of the road, including working with
agencies to create attractive corridors that meet the needs of the traveling public and
accomplishing comprehensive plan goals. Your policy goes on to state that you will
consider buffer areas and landscaping or hardscaping for pedestrian safety and protection.
We believe it is not only ACHD's responsibility to consider elements that make a street
complete, but to actually construct streets that address the needs of all users. To this end,
the City believes that lighting for pedestrians should also be installed by ACHD.
Pedestrians are users of the roadway and need to have safety lighting accommodations
like you provide for motorists.
The City requests that section 3109.6.2g be amended to call -out that pedestrian lighting is
a Transportation Component that ACHD will fund. The City requests that section
3109.6.3a also be amended to exclude roundabouts, storm drain ponds, and other
locations where landscaping is deemed a "highway necessity" or is otherwise required by
city code.
In addition, landscaping improvements outside of City limits, but within our area of
impact, is also of concern with roadway projects. Typically ACHD chooses county -zoned
sites for drainage facilities (see Ustick/Linder pond) and no improvements are made to
enhance the aesthetics of the drainage site so that ponds blend in with neighborhoods.
This issue should also be addressed in the ordinance so pond sites fit in with established
neighborhoods.
• The City questions both the public safety and ACHD cost benefit of always installing
"hardscape" in buffer areas and medians as proposed in the ordinance. Typically, soil and
vegetation are cheaper, and provide roadway users with more of a benefit than does
hardscape. If it is maintenance of these areas that is of concern to District, the City would
be willing to enter into an agreement with ACHD to perpetually maintain these areas.
The City requests that the ordinance be amended to allow soil and vegetation to be
The Honorable Rebecca Arnold
Page 3
installed by ACRD when: 1) hardscape would otherwise be installed by the District; 2) it
would be less expensive to install soil and vegetation than hardscape; and, 3) an agency
agrees to maintain the area in perpetuity.
If the ordinance is not changed to allow soil and vegetation to be installed, we request the
ordinance be amended to incorporate a "credit" allowance. This would be used in
instances where ACRD would have installed hardscape, but a partnering agency instead
agrees to pay for a greenscape planter area.
Section 3 109. 10 of the draft ordinance allows ACHD to consider exceptions to the ordinance.
The City is generally supportive of this allowance, but is concerned that ACRD is using a
variance process to review these requests. The City requests additional flexibility be included
in the ordinance via a case-by-case review of projects and the needed components of each
community without requiring the Commission to make Variance findings. The cities in Ada
County all have different needs and allowing for some flexibility in your ordinance to
account for these specific community needs is necessary. We believe it is better to emphasize
the better roadway projects the public will get by allowing these informal partnerships
between our agencies instead of defining which elements of a roadway project ACRD will
and will not build.
We would like to reiterate our belief that Cost Share ordinance 215 could serve as a
mechanism to strengthen the relationships between ACHD and the cities in Ada County, but
feel the ordinance needs to be amended to be supported by the City of Meridian. Thank you
for hearing our concerns and considering our recommendations.
Sincerely,
T y e Weexd avi azemba Brad Hoaglun
----
Ma Council President Council Vice President
Charles Rountree Keith Bird
Council Member Council Member
Attachment
cc: ACHD Commissioners
ORDINANCE NO. 215
ADA COUNTY HIGHWAY DISTRICT
BY THE ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS:
REBECCA W. ARNOLD, JOHN S. FRANDEN, CAROL A. MCKEE, SARA M. BAKER,
DAVID L. CASE.
AN ORDINANCE REPEALING ADA COUNTY HIGHWAY DISTRICT
RESOLUTION NO. 897 ADOPTED MAY 279 20095 AND AMENDING ADA COUNTY
HIGHWAY DISTRICT ORDINANCE NO. 201 AND TITLE III OF THE ACHD CODE,
ADOPTED APRIL 12, 2006, WITH THE ADOPTION OF NEW TITLE III, SECTION 3109
OF THE ADA COUNTY HIGHWAY DISTRICT CODE ENTITLED "ADA COUNTY
HIGHWAY DISTRICT COST SHARE ORDINANCE", ESTABLISHING NEW RULES AND
REGULATIONS RELATING TO FUNDING OF BOTH TRANSPORTATION AND NON-
TEtANSPORTATION ELEMENTS FOR ADA COUNTY HIGHWAY DISTRICT ROAD
PROJECTS.
WHEREAS, Idaho Code Section 40-1406 provides that the Commissioners of the Ada
County Highway District (the "District" or "ACRD") may pass ordinances for carrying into
effect or discharging all powers and duties conferred upon the District; and
WHEREAS, Idaho Code Section 40-1406 further provides that the District may print or
publish ordinances in book or pamphlet form pursuant to the authority of the Commissioners;
and
WHEREAS, pursuant to Idaho Code Sections 40-1406, 40-1310 and 40-1415, the
District is vested with the exclusive authority and responsibility for the design, construction,
reconstruction and maintenance of rights-of-way within its jurisdiction; and
WHEREAS, ACHD is a special purpose government who's authority to make
expenditures and participate in interagency cost sharing for roadway projects is limited to the
specific authority granted under Idaho law; and
WHEREAS, pursuant to Idaho Code Sections 40-1310 and 40-1415, any roadway
project improvements that result in costs outside of ACHD's specific statutory authority are costs
that must be paid for by a partnering agency requesting the improvements; and
WHEREAS, the Commissioners of the Ada County Highway District desire to repeal
ACRD Resolution No. 897, adopted May 27, 2009, and amend the Ada County Highway District
Code, Ordinance No. 201, adopted April 12, 2006, with the adoption of a new Title III, Section
3109 of the Ada County Highway District Code, to establish new rules and regulations relating
to funding of both transportation and non -transportation elements for District road projects; and
AREAS, new Title III, Section 3109 of the Ada County Highway District Code will
clearly define the rule of ACHD, cities, the county, urban renewal agencies and other potential
partnering agencies in funding both transportation and non -transportation elements on the
Ordinance No. 215 1
Adopted June 22, 2011, Effective July 23, 2011
District's road projects and maintain flexibility for ACHD to consider unique aesthetic features
of road projects and recognize the desires of partnering agencies for non -transportation features
within their boundaries; and
WHEREAS, new Title III, Section 3109 of the Ada County Highway District Code will
establish clear and equitable rules and regulations for ACHD to cooperate with other partnering
agencies within Ada County to include non -transportation components such as landscaping,
specialized pavement and sidewalk treatments, decorative lighting and other aesthetic features
beyond the transportation elements that are necessary for safety and mobility; and provide a
framework whereby a partnering agency may enter into a cost share partnership with ACHD to
fund the incremental costs of these improvements including: design, land acquisition,
construction, and perpetual maintenance of any requested aesthetic feature and/or non -
transportation component on District road projects.
NOW, THEREFORE, BE IT ORDAINED BY 'THE BOARD OF
CONMUSSIONERS OF THE ADA COUNTY HIGHWAY DISTRICT, ADA COUNTY,
IDAHO, ACHD Resolution No. 897 is repealed and all other Resolutions or parts of Resolutions
in conflict with this Ordinance, to the extent of such conflict, are hereby repealed.
BE IT FURTHER ORDAINED, that the Ada County Highway District Code,
Ordinance No. 201, adopted April 12, 2006, is amended with the adoption of a new Title III,
Section 3109 of the Ada County Highway District Code, entitled "Ada County Highway District
Cost Share Ordinance," establishing new rules and regulations relating to funding of both
transportation and non -transportation elements for District road projects as follows:
3109 COST SHARE ORDINANCE
3109.1 Short Title, Authority and Applicability
This Ordinance shall be known and may be cited as the "Ada County Highway
District Cost Share Ordinance."
The Board of Commissioners of the Ada County Highway District has the
authority to adopt ordinances pursuant to the powers granted it under § 40-
1406, Idaho Code.
This Ordinance shall apply in all areas under the control and jurisdiction of the
Ada County Highway District, including all Highways and Public Rights -of -Way
within Ada County.
3109.2 Findings and Purpose
The Board of Commissioners of ACHD finds that it is in the best interest of the
citizens of Ada County, Idaho to define the role of ACHD and its partnering
agencies in constructing and funding both Transportation Components and
Non -Transportation Components ofACHD's Road Projects. ACRD has limited
funding for transportation improvements other than what is rewired by
ordinance of any respective City within the District. It is the intent of the
Commission by enactment of this Ordinance to:
Ordinance No. 215
Adopted June 22, 2011, Effective July 23, 2011
a. acknowledge that Title 40, Chapter 14 specifically reserves
jurisdiction to the cities to authorize the expenditure of
funds for the placement, care and removal of Non -
Transportation Components in the public right-of-way;
b, acknowledge that cities have the statutory authority and
expertise to design, develop and fund Non -Transportation
Components in the Public Right -of -Way in order to define
the aesthetic character of their respective communities;
C. declare that all ACHD revenues should be spent
exclusively for the construction and maintenance of the
Transportation Components of Road Projects, which
includes pedestrian and drainage facilities;
d. adopt a policy that establishes that ACHD will not fund any
Non -Transportation Components;
e, provide rules for when ACHD and partnering agencies
desire to include Non -Transportation Components into
ACHD`s Road Projects;
ensure that any Road Project improvements that result in
costs outside of ACHD's statutory jurisdiction over
Transportation Components are funded by the partnering
agency that requests such Non -Transportation
Components;
establish Non -Transportation Components to be included
in cost-sharing applications submitted to ACHD by a
partnering agency for approval; and
h. establish an application and permit process whereby
partnering agencies may apply to ACHD for approval of a
cost-sharing request.
3109.3 Definitions
Following are definitions of certain terms used in this Ordinance.
As used in this Ordinance the following terms shall have the following
meanings:
"ACRD" means the Ada County Highway District.
"Commission" means the Board of Commissioners of ACRD.
"Cost Share Application" means an application submitted by a Partnering
Agency to ACHD in accordance with this Ordinance.
"Cost Share Permit" means a permit issued by ACHD to a Partnering Agency
in accordance with this Ordinance.
Ordinance No. 215 3
Adopted June 22, 2011, Effective July 23, 2011
"Highway Necessity" means an improvement, structure, work, or fixture, that is
necessary for motorist and/or pedestrian traffic, motorist and/or pedestrian
safety, Public Right -of -Way maintenance, traffic control, or that is otherwise
necessary to the preservation of the Highways or necessary to mitigate project
impacts on adjacent lands, in each case as determined by ACRD.
"Hardscape" means to surface areas within sidewalk buffers and paved
medians with hard material, such as asphalt, concrete, or similar materials, as
opposed to soil and vegetation unless soil and vegetation costs less than
hardscage and the partnering agency will agree to maintain the area in
perpetuity either themselves or a third party.
"Highway" means rights-of-way, curbs, gutters, culverts, sidewalks, paved
medians, bulkheads, retaining walls, bridges, culverts, sluices, drains,
stormwater facilities, waterways, embankments, tunnels, grade separation
structures, bicycle facilities, and any other structures, works or fixtures
incidental to the preservation of the highways for motorist and public safety.
"Non -Transportation Components" means those components of a Road
Project set forth in Section 3109.6.3, other than what is required by ordinance
of any respective City within the District and includes components that are
requested by a Partnering Agency and are the Partnering Agency's
responsibility.
"Partnering Agency" means any of the agencies defined in Section 3109.5.2 of
this Ordinance.
"Person" means an individual, corporation, partnership, association,
government agency, or other entity.
"Public Right -of -Way" means a public right-of-way under the jurisdiction of
ACHD.
"Road Project" means a Public Right -of -Way and/or Highway improvement
project by ACRD that may, in accordance with the provisions of this
Ordinance, incorporate both Transportation Components under the jurisdiction
and control of ACHD and Non -Transportation Components requested by a
Partnering Agency.
"Transportation Components" means those components of a Road Project set
forth in Section 3109.6.2, and includes components that are under the
jurisdiction of ACHD and are ACHD`s statutory responsibility.
3109.4 Rules of Construction
The provisions of this Ordinance shall be interpreted to be consistent with
state and federal law, including but not limited to the United States
Constitution, the State of Idaho Constitution, federal statutes, and state
statutes including without limitation Idaho Code Title 40.
Ordinance No. 215
Adopted June 22, 2011, Effective July 23, 2011
3109.5 Applicability
3109.5.1 General Application
This Ordinance governs and is limited to those instances in which
a Partnering Agency desires to incorporate Non -Transportation
Components into an ACHD Road Project.
3109.5.2 Applicability to Partnering Agencies
This Ordinance applies to all governmental entities that have the
authority under federal and/or state law to construct, reconstruct,
and/or maintain Non -Transportation Components that are located
or may become located within an ACHD Road Project in
accordance with the terns of this Ordinance. Such governmental
entities may include the following:
a. Cities
b. Counties
C. Urban Renewal Agencies
d. Idaho Transportation Department
e. School Districts
f. Utilities
g. Irrigation and Drainage Districts
h. Regional Public Transportation Authority (Valley Regional
Transit) (provided, however, that issues related to the
construction, placement, or relocation of transit structures
in Public Right -of -Way are addressed under that certain
Cooperative Agreement for Transit Structures between
ACRD and VRT dated July 1, 2007, or as amended in the
future, and are not governed by this Ordinance)
L Metropolitan Planning Organization (MPO) or
Transportation Management Agency (TMA)
Nothing in this Ordinance shall be construed to prevent a
Partnering Agency from requiring a third party to pay for the costs
or install improvements allocated to the Partnering Agency by a
Cost Share Application and Cost Share Permit issued in
accordance with this Ordinance.
3109.5.3 Non -Application to Agreements with Private Parties
This Ordinance does not govern instances in which a ACHD and a
Partnering Agency desire to enter into a development agreement
Ordinance No. 215 5
Adopted June 22, 2011, Effective July 23, 2011
with a private party pursuant to ACHD's Impact Fee Ordinance
and the Idaho Development Impact Fee Act.
3109.6 ACHD's Jurisdiction and Authority Over Road Projects
3109.6.1 ACHD General Jurisdiction
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, and operate Highways and
Public Rights -of -Way in Ada County, Idaho. Idaho Code Title 40,
Chapters 13 and 14, define ACHD's jurisdiction and powers, and
includes, by way of example and without limitation, the following:
a. full power to construct, maintain, repair, acquire, purchase
and improve all Highways within ACHD's Highway system;
b. all transportation powers and duties that would by law be
vested in the commissioners of Ada County if not already
vested in ACRD;
C. the power to establish and post speed and other regulatory
signs;
d. the right to acquire all lands and other property necessary
for the construction, use, maintenance, repair and
improvement of Highways;
e. the right to change the width or location or straighten the
lines of any Highway;
f. the exclusive general supervisory authority over all
Highways, public streets and Public Rights -of -Way under
its jurisdiction, with full power to establish design
standards, establish use standards, pass resolutions and
establish regulations in accordance with the provisions of
Title 49, Idaho Code, and to control access to said public
Highways, public streets and Public Rights -of -Way.;
9. design, construction, reconstruction and maintenance of
city rights-of-way and accompanying curbs, gutters,
culverts, sidewalks, paved medians, bulkheads and
retaining walls, which shall include: (a) traffic and safety
engineering for both motorist and pedestrian traffic;
(b) procurement and installation of highway lighting where
it is primarily of benefit to the motorist (provided that
energy costs and maintenance of lighting shall
subsequently be a function of the applicable city or the
county); (c) procurement, installation, operation and
maintenance of traffic control devices where they are
needed for traffic control; and (d) drainage where it is
Ordinance No. 215
Adopted June 22, 2011, Effective July 23, 2011
necessary for motorist safety or necessary for right-of-way
maintenance;
h. acquisition and acceptance of Public Rights -of -Way; and
L responsibility for planning and locating Public Rights -of -
Way.
3109.6.2 Transportation Components
ACHD may fund components of any Road Project in accordance
with the powers and authority granted to ACRD in accordance with
the authority above. By way of example and without limitation,
"Transportation Components" of a Road Project funded by ACRD
may include the following, so long as they are a Highway
Necessity:
a. Roads - through lanes and turn lanes for the purpose of
vehicular movements;
b. Bike Facilities - facilities for bicycle use within the Public
Ordinance No. 215 7
Adopted June 22, 2011, Effective July 23, 2011
Right -of -Way and/or Highways;
C.
Curbs and Gutters - infrastructure for storm water
conveyance on urban cross-sections;
d.
Sidewalks — pedestrian facilities within the Public Right -of -
Way for the safe movement of pedestrians; including
safety buffers that are a Highway Necessity;
e.
Paved Medians - facilities installed for purposes of motorist
safety, access management and traffic flow;
f.
Retaining Walls - facilities for buttressing of slopes as a
result of roadway design;
g.
Highway Lighting -- procurement and installation of
illumination for the primary benefit to the motorist or
pedestrians;
h.
Traffic Control Devices - traffic and pedestrian signals,
flashing beacons, signage, striping, and intelligent
transportation system facilities;
L
Drainage - storm water structures, drainage, and irrigation
facilities along with any requisite landscaping as required
by ordinance of any respective City within the District,
j.
Any other improvements, facilities, structures, works, or
fixtures that are a Highway Necessity.
3109.6.3 Non -Transportation Components
Ordinance No. 215 7
Adopted June 22, 2011, Effective July 23, 2011
There are certain improvements or features that a Partnering
Agency may request to be incorporated into an ACRD Road
Project that do not fall within the definition of Transportation
Components and/or are not a Highway Necessity. These "Non-
Transportation Components" are improvements which ACHD will
not fund. By way of example and without limitation, "Non-
Transportation Components" of a Road Project funded by a
Partnering Agency may include the following depending on the
particular power and authority of the Partnering Agency:
a. Landscaping, other than what is required by ordinance of
any respective City within the District or within roundabouts
or storm drain facilities;
b. Specialized pavement or sidewalk treatments;
C. Decorative lighting or other illumination features that are
not for the primary benefit of the motorist or pedestrians;
d. Medians that are not a Highway Necessity;
e. Medians necessary for traffic management, but made of
materials other than Hardscape;
f. Pedestrian facilities that are not included in ACHD's
Livable Design Guide or other cross-section policies;
g. Bike lanes that are not included in ACHD's Livable Design
Guide or other cross-section policies; and
h. Utilities, parking, bus pullouts, bus stops, and specialized
signing.
3109.7 Procedure for Providing Notice of Interest for Inclusion of Non -Transportation
Components Into an ACRD Road Project
ACHD shall determine whether to include Non -Transportation Components
into ACHD Road Projects after submission of a Cost Share Application by a
Partnering Agency pursuant to Section 3109.8.1 below. However, ACRD
recognizes that in some circumstances, it may be beneficial for ACHD and a
Partnering Agency to exchange information in advance of the application
process. For that reason, prior to submitting a Cost Share Application, a
Partnering Agency may elect to notify ACRD that it is interested in the
inclusion of Non Transportation Components into a future ACHD Road Project
through any of the following procedures set forth in this Section below.
Notifying ACHD of this interest shall not obligate ACHD in any way to
incorporate the Non -Transportation Components or to make any determination
at the time of such notice as to whether to incorporate the Non -Transportation
Components. Such determination shall be made only upon the submission of
a complete Cost Share Application.
3109.7.1 Notice of interest by Partnering Agency
Ordinance No. 215 8
Adopted June 22, 2011, Effective July 23, 2011
Prior to submitting a Cost Share Application, a Partnering Agency
may contact ACHD at any time to provide notice of its interest to
include Nan Transportation Components in connection with any
planned ACHD Road Project. Partnering Agencies are
encouraged to provide this notice during ACHD's annual request
for input on its Five -Year Work Plan (FYWP). Such interest should
provide as much detail as possible and should:
a. be provided in a written letter to ACRD, addressed to
Deputy Director, Planning and Project Management
Division,
b. identify the name or location of the applicable Road
Project,
C. identify the Non -Transportation Components being
proposed by the Partnering Agency, and
d. provide any information available about the anticipated
cost and proposed funding for the Non -Transportation
Components.
3109.7.2 Invitation from ACHD
From time to time, before or during project development, ACRD
will use its best efforts, to contact various Partnering Agencies and
request input as to whether any Non -Transportation Components
are desired by the Partnering Agency in connection with any
ACRD Road Project. In addition, ACHD will provide each city and
county that is a Partnering Agency with a list of ACHD Road
Projects planned within city or county limits on an annual fiscal
year basis. If the Partnering Agency determines it would like to
incorporate Non -Transportation Components into the ACRD Road
Project, it shall complete a Cost Share Application pursuant to
Section 3109.8.1 below. ACHD may elect to specify a deadline by
which the Partnering Agency must submit a Cost Share
Application in order for the incorporation of the Non -Transportation
Components to be considered. Applications that are not timely
submitted may be rejected, or, if they are considered, they will be
approved only on the condition that the Partnering Agency pay for
all redesign costs and other costs associated with the inclusion of
the Non -Transportation Components.
3109.8 Cost Share Application
3109.8.1 Submission of Cost Share Application
If a Partnering Agency determines it would like ACHD to
incorporate Non -Transportation Components into any ACRD Road
Project, it shall complete and submit the Cost Share Application
set forth on Appendix 1, attached hereto and incorporated herein.
Ordinance No. 215 9
Adopted June 22, 2011. Effective July 23, 2011
There shall be no application fee required in connection with
submitting the Cost Share Application.
To be considered for approval, all Cost Share Applications must
provide information and certifications by the Partnering Agency
consistent with the following specifications and rules:
a. Project Description. Each Cost Share Application shall
identify the Road Project and include a complete
description of the Non -Transportation Components. If
project plans or other conceptual designs for the inclusion
of the Non -Transportation Components are available at the
time of execution, they shall be provided by Exhibit to the
Cost Share Application.
b. Project Design. All Road Project design and operation
associated with an ACHD Road Project incorporating Non -
Transportation Components pursuant to a Cost Share
Application shall comply with (i) the American Association
of State Highway and Transportation Officials ("AASHTO")
guidelines, (ii) this Ordinance, (iii) all adopted ACHD rules
and regulations, and (iv) all state and federal laws. All
Non -Transportation Component designs and plans shall
either be provided by ACRD directly (with reimbursement
by the Partnering Agency) or shall be subject to the review
and approval of ACRD.
C. P oiect Design Costs. All Cost Share Applications shall
specify that all Road Project design costs associated with
the Non -Transportation Components are the responsibility
of the Partnering Agency. Such allocation shall be made
in accordance with the provisions of this Ordinance and the
Project Cost Responsibilities Chart is summarized on
Append, when applicable. Any redesign costs of
Transportation Components of the Road Project that are
necessitated by the incorporation of Non -Transportation
Components in the Road Project also shall be paid by the
Partnering Agency.
d. Project Construction. All Cost Share Applications shall
identify whether ACHD or the Partnering Agency will be
responsible to construct . the Non -Transportation
Components. There shall be a presumption that in most
instances, the Partnering Agency shall be responsible for
the construction of the Non -Transportation Components. If
the Partnering Agency is responsible for any construction,
the Partnering Agency must certify in its Cost Share
Application that such construction will not negatively
impact ACHD's construction of the Transportation
Components or the overall ACHD Road Project schedule
in any way. In addition, the Partnering Agency shall be
Ordinance No. 215 10
Adopted June 22, 2011, Effective July 23, 2011
responsible for obtaining all permits required by ACHD in
connection with any construction.
e. Project Construction Costs. All Cost Share Applications
shall allocate the Road Project construction costs, with the
Partnering Agency responsible for paying all construction
costs associated with the Non -Transportation
Components, including applicable construction
administration costs, and ACHD responsible for paying all
construction costs associated with the Transportation
Components. Such allocation shall be made in accordance
with Project Cost Responsibilities Chart is summarized on
Appendix 2, when applicable. Any reconstruction costs of
Transportation Components of the Road Project that are
necessitated by the incorporation of Non -Transportation
Components into the Road Project also shall be paid by
the Partnering Agency.
Land, Acquis tion. If real property is necessary for the Non -
Transportation Components, of If the incorporation of Non -
Transportation Components into the Road Project
necessitates or increases the costs of the acquisition of
real property for the Transportation Components, then the
Partnering Agency shall be responsible for acquiring,
paying for, or dedicating such additional real property
and/or paying for the cost increase in the acquisition of real
property for the Transportation Components, as applicable.
g. Maintenance. All Cost Share Applications shall provide
that the Partnering Agency shall be solely responsible for
perpetually replacing, maintaining, and caring for the Non -
Transportation Components, so long as ACHD provides
the Partnering Agency with authority and permission to do
so pursuant to the terms of the Cost Share Permit. The
Partnering Agency shall also certify in the Cost Share
Application that if the Partnering Agency fails to replace,
maintain, and care for the Non -Transportation
Components, ACHD shall have the following remedies in
addition to any other recovery in law or in equity, provided
that ACHD first gives the Partnering Agency thirty (30)
days notice and the Partnering Agency fails to remedy
such failure: (i) ACHD may revoke the Partnering
Agency's Cost Share Permit for the Non -Transportation
Components, (ii) ACHD may replace, maintain, and/or care
for the Non -Transportation Components and the Partnering
Agency shall reimburse ACHD fully for all associated
costs, (iii) ACRD may remove, alter, redesign, or in the
case of landscaping, hardscape over the Non -
Transportation Components, and the Partnering Agency
shall reimburse ACHD fully for all associated costs, and
(iv) ACRD may refuse to issue any further Cost Share
Ordinance No. 215 11
Adopted June 22, 2011, Effective July 23, 2011
Permits or any other permits for future ACHD Road
Projects until the Partnering Agency complies with the
conditions of the Cost Share Permit. In addition, in the
event of an emergency caused by the Partnering Agency's
failure to perform required maintenance, ACHD may
immediately perform any and all emergency repairs or take
other measures in connection with an emergency, and the
Partnering Agency shall reimburse ACRD fully for all
associated costs.
h. Future Work. In the event the Non -Transportation
Components will or may necessitate future maintenance,
repair, relocation, or replacement that is not the subject of
the original Cost Share Permit, ACHD shall in its discretion
issue the Partnering Agency an amended Cost Share
Permit to perform such work.
Relocation of Utilities. The Partnering Agency shall be
solely responsible for all costs associated with the
relocation of any utilities required in connection with the
placement, incorporation, or construction of the Non -
Transportation Components, provided that ACHD may
require, as a condition of the Cost Share Permit, that the
Partnering Agency be responsible for the relocation.
Effect on Storm Water The Cost Share
Application shall include a certification by the Partnering
Agency that if ACHD determines that a Partnering
Agency's request for a Non -Transportation Component will
have an adverse affect on storm water quantity or quality,
the Partnering Agency shall be responsible for mitigating or
funding the mitigation of any such adverse effects, in a
means determined by or acceptable to ACHD.
Medians. If a Partnering Agency requests medians that
are not necessary for traffic management, then the
Partnering Agency shall be solely responsible for all of the
costs of the median, including, without limitation, the
design, construction, additional land acquisition, and
maintenance costs. If ACHD determines that a median is
necessary for traffic management, then the Partnering
Agency shall be responsible for all of the costs of any
aesthetic features and landscaping associated with the
median, including without limitation, the design,
construction, and maintenance costs related to the
aesthetic features and landscaping that are in excess of
the cost of installing Hardscape.
Pedestrian/Bicycle Facilities. If a Partnering Agency
requests bicycle and pedestrian facilities that are not a
Highway Necessity and/or identified in ACHD's Livable
Ordinance No. 215 12
Adopted June 22, 2011, Effective July 23, 2011
Street Design Guide or other cross-section policies, the
Partnering Agency shall be solely responsible for providing
or paying al of the costs for the bicycle and pedestrian
facilities, including, without limitation, the design,
construction, land acquisition, and maintenance.
M. On -Street Parking. ACRD shall fund the land acquisition,
construction, and maintenance of on -street parking where
appropriate on arterials for ACHD Road Projects. If a
Partnering Agency requests any additional on -street
parking, then the Partnering Agency shall be solely
responsible for all costs associated with the on -street
parking.
n. Federally -Funded Projects. If there are federal funds
available for any Non -Transportation Components in a
federal project that becomes an ACRD Road Project, the
match paid by Partnering Agencies shall be proportionate
to the share of the Non -Transportation Components of the
Road Project.
o. Mitigation. Site-specific mitigation may include specialized
treatments such as sound walls, berms, and other
components whose purpose is to mitigate traffic impacts
within the Road Project area. Funding and responsibility
for mitigation shall be addressed in the Cost Share
Application and Cost Share Permit.
p. Revocation of Right by ACHD. Each Cost Share
Application shall include a certification by the Partnering
Agency that ACHD shall at all times have the right to (i)
maintain, relocate, reconstruct, remove, or redesign any
and all improvements that are part of the Road Project, in
which case the Partnering Agency shall reimburse ACHD
fully for all associated costs, (ii) revoke any Cost Share
Permit granted to the Partnering Agency to access any
Highway or Public Right -of -Way, and (iii) immediately
perform any and all emergency repairs or take other
measures in connection with an emergency, in which case
the Partnering Agency shall reimburse ACHD fully for all
associated costs. ACHD shall use best efforts to provide
the Partnering Agency with advance notice before taking
any of these steps.
q. Indemnification. Each Cost Share Application shall include
a certification by the Partnering Agency that it will
indemnify ACHD from all damages caused or suffered by
the Partnering Agency and its contractors and agents and
invitees in connection with the Road Project.
3109.8.2 Determination as to Completeness of Cost Share Application
Ordinance No. 215 13
Adopted June 22, 2011, Effective July 23. 2011
Upon receipt of a Cost Share Application from a Partnering
Agency, ACHD shall first review it and make a determination as to
whether the Cost Share Application contains all information
necessary for making a determination whether to grant or deny
the application. Within 30 days following receipt of the Cost Share
Application, ACHD shall provide notice to the Partnering Agency
indicating that either (i) the application is complete and no further
information is needed at that time, or (ii) the application is
incomplete and requires certain other additional information prior
to consideration. If ACHD notifies the Partnering Agency that the
application is incomplete, then the Partnering Agency shall
resubmit the entire application with the additional requested
information within fifteen (15) days. ACHD shall then review the
application and notify the Partnering Agency within 15 days that
either (i) the application is complete and no further information is
needed at that time, or (ii) the application is incomplete and
requires certain other additional information prior to consideration.
If ACHD notifies the Partnering Agency that the application is
complete, such notification shall not preclude ACHD from
requesting additional information should it become necessary at
any time during the full consideration stage outlined below in this
Section. ACHD may at any time notify the Partnering Agency that
its Cost Share Application is or will be rejected if it would be
untimely in relation to the ACHD Road Project schedule.
3109.8.3 Approval or Denial of Cost Share Application — Issuance of Cost
Share Permit
After ACHD notifies the Partnering Agency that the application is
complete and no further information is needed at that time,
ACHD's Director or the Director's designee(s) shall determine, in
his or her discretion, whether to approve or deny the application.
If an application is approved, ACHD shall issue a Cost Share
Permit to the Partnering Agency that provides the terms and
conditions upon which the incorporation of the Non -Transportation
Components is approved. The Cost Share Permit shall include a
schedule for completion of the Road Project. Any application
that is approved by ACHD must comply with the requirements set
forth in this Ordinance, including, without limitation each of the
provisions set forth in Section 3109.6 regarding ACHD's
jurisdiction and authority over Transportation Components and
each Partnering Agency's jurisdiction and authority over Non -
Transportation Components. The application must also be
consistent with the requirements of any cost sharing arrangement
set forth in Section 3109.8.1 above. Additional reasons for denial
of any application may include, but are in no way limited to
considerations of economics, the impact on project costs,
availability of ACHD staff and resources, anticipated project
schedules, availability of land acquisitions, noncompliance with
any issued Cost Share Permits or other permits or applicable law
and the authority of ACHD and/or the Partnering Agency, and
Ordinance No. 215 14
Adopted June 22, 2011, Effective July 23, 2011
other feasibility issues. If at any point during the consideration
process, ACRD determines that it requires additional information
from the Partnering Agency in order to consider the application,
ACHD shall notify the Partnering Agency and the Partnering
Agency shall supply the information with a new application.
3109.9 Appeal Process
If ACHD denies a Cost Share Application, or if ACRD issues a Cost Share
Permit on terms that are unacceptable to the Partnering Agency, the
Partnering Agency shall have fourteen (14) days following receipt of written
notice on the denial of the Cost Share Application or issuance of the Cost
Share Permit to appeal the decision to the ACRD Commissioners. To make
such appeal, the Partnering Agency shall submit the following:
a. written notice of the Partnering Agency's request to appeal
the decision, addressed to the Commission,
b. a copy of the application and a copy of ACHD's denial of
the application,
C. a copy of any other information submitted to ACHD in
connection with the application, and
d. optionally, a written statement indicating why the
Partnering Agency believes the application should be
approved on appeal or why the Cost Share Permit should
be revised.
Upon receipt of an appeal, the ACHD Commission shall consider the appeal
and make a decision within 30 days. The ACHD Commission's decision shall
be communicated in writing to the Partnering Agency. The ACHD
Commission's decision shall be final and non -appealable.
3109.10 Exceptions/Alternative Compliance
ACRD reserves the right to consider exceptions to this Ordinance on a case-
by-case basis and in accordance with Idaho law. Any exceptions to this
Ordinance shall require the Commission's approval granted in response to a
written request from the Partnering Agency for g1ternative compliance, I Deleted: a varianc
identifying the specific provisions of this Ordinance from which the Partnering
Agency requests an exception in connection with any Road Project, and any
supporting documentation. The gitemativ-e compliance request may be made Deleted: variance
in advance of submitting the Cost Share Application for the Road Project or
simultaneously with the submission of the Cost Share Application.
3109.11 Severability/Conflict with Other Laws
The provisions of this Ordinance are hereby declared to be severable, and if
any provision of this Ordinance or the application of the same to any Person
or circumstance is declared invalid for any reason, such declaration shall not
affect the validity of the remaining portions of the Ordinance. In the event of
Ordinance No. 215 15
Adopted June 22, 2011, Effective July 23, 2011
any conflict between this Ordinance and any state or federal law, the
applicable state or federal law shall control.
3109.12 Effective Date
This Ordinance shall be effective on July 23, 2011.
BE IT FURTHER ORDAINED, that this Ordinance shall be in full force and effect from and
after July 23, 2011, following its passage, approval and publication as provided by Idaho Code
Section 40-1406.
ADOPTED BY THE ADA COUNTY HIGHWAY DISTRICT BOARD OF
COMIVIISSIONER.S THIS day of June, 2011.
ADA COUNTY HIGHWAY DISTRICT
BOARD OF COMMISSIONERS
By.-
Rebecca
y:Rebecca W. Arnold, President
By.
Carol A. McKee, Commissioner
ATTEST:
Bruce S. Wong, Director
By
John S. Franden, Vice President
By
Sara M. Baker, Commissioner
By:
David L. Case, Commissioner
Ordinance No. 215 16
Adopted June 22, 2011, Effective July 23, 2011
Ordinance No. 215
Adopted June 22, 2011, Effective July 23, 2011
APPENDIX 'I
COST -SHARE APPLICATION
See attached
Ordinance No. 215 is
Adopted June 22, 2011, Effective July 23, 2011
AJIU
a ra 14;*&
ADA COUNTY HIGHWAY DISTRICT
PARTNERING AGENCY
COST SHARE APPLICATION
important Notes:
• Please refer to the Ada County Highway District Cost Share Ordinance No. 295, a copy of which
is attached to this Cost Share Application. Capitalized terms that are not defined in this Cost
Share Application have the meanings given to them in the Cost Share Ordinance.
• Applicants may submit attachments with this application with answers to questions requiring more
space than is provided below.
No application shall be deemed to have been approved unless and until ACHD issues a Cost
Share Permit.
• Pursuant to the terms of the Cost Share Ordinance, ACRD will not approve any Cost Share
Application that does not comply with the Cost Share Ordinance. Additional reasons for denial
include, but are in no way limited to considerations of economics, the impact on project costs,
availability of ACHD staff and resources, anticipated project schedules, availability of land
acquisitions, noncompliance with any issued Cost Share Permits or other permits or applicable
law and the authority of ACRD and/or the Partnering Agency, or other feasibility issues.
Applications that are not submitted timely in relation to ACHD's project schedule may be rejected.
1. Awlicant Name. Name of Partnering en
2. Partnering Agency Contact. Name of individual at the Partnering Agency to whom all
correspondence and notifications with r and to this Cost Share Application should be directed
3. PAW. Date of 8pprication
4. Prior Applications. If this Cost Share Application relates to the same ACHD Road Project that is
the subject of a prior Cost Share Application(s), please indicate the date(s) of the prior
applications and attach them with this aimlication.
5. Notice of Interest. If the Partnering Agency has previously provided ACHD with notice of its
interest to include Non -Transportation Components in the ACHD Road Project, please
summarize the contents of that notice (including date(s)) and any relevant discussions and
correspondence with ACRD.
6. ACHD Road Project. Identify the ACHD Road Project to which this Cost Share Application
es.
7. Proposed Non -Transportation Components. Describe the Non -Transportation Component(s) the
Partnering Agency proposes by this application to include in the ACHD Road Project. Include as
much detail as is currently available regarding the design, location, and other information about
the Non Transportation Component(s). If any design or concept plans or drawings are available,
. .. ... .. ..
attach them to uns avviiuduun.
8. Authorily. Summarize the authority and jurisdiction of the Partnering Agency, under applicable
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9. esi n. Identify the party (ACRD or the Partnering Agency, or both) that will be responsible for
the design of the proposed Non -Transportation Components. If both parties are responsible for
cart of the designs, please indicate, in detail, their respective responsibilities.
a. if ACRD is responsible for the design of all or a part of the proposed Non -
Transportation Components, provide information as to how and when the Partnering
Agency will reimburse ACHD for those costs. (Costs shall be detailed in Item 10 below.)
b. If the Partnering Agency is responsible for all or a part of the design of the
proposed Non -Transportation Components, provide a deadline by which the Partnering
Agency will submit the design to ACHD for approval: , 20 Also, by
submitting this application, the Partnering Agency certifies the following:
L All designs submitted by the Partnering Agency will comply with (i) the
American Association of State Highway and Transportation Officials ("AASHTO")
guidelines, (ii) the Cost -Share Ordinance, (iii) all adopted ACHD rules,
regulations, and policies, and (iv) all state and federal laws.
ii. No designs shall be considered final until they are approved, in writing,
by ACHD.
10. Design Costs. Pursuant to the Cost -Share Ordinance and applicable law, all Road Project design
costs associated with the Non -Transportation Components are the responsibility of the Partnering
Agency. In addition, any redesign costs of Transportation Components of a Road Project that are
necessitated by the incorporation of Non -Transportation Components in the Road Project shall be
paid by the Partnering Agency. In accordance with the foregoing, describe the applicable design
costs and (if applicable) any redesign costs for which the Partnering Agency will be responsible.
Also, if any federal funds are available for any Non -Transportation Components, please specify
those funds and how they are to be allocated:
11. Construction. Identify the party (ACRD or the Partnering Agency, or both) will be responsible for
the construction of the proposed Non -Transportation Components. If both parties are responsible
for part of the construction, please indicate, in detail their respective responsibilities.
a. If ACHD is responsible for all or a part of the construction of the proposed Non -
Transportation Components, provide information as to how and when the Partnering
Agency will reimburse ACHD for those costs. (Costs shall be detailed in Item 12 below.)
b. By submitting this application, the Partnering Agency certifies that the Partnering
Agency will not allow any liens to attach to any right-of-way, improvements, or other
property of ACHD as a result of any labor performed or materials supplied in connection
with the construction of the Non -Transportation Components.
By submitting this application, the Partnering Agency certifies the following:
L The Partnering Agency shall be responsible for obtaining all permits
required by ACHD in connection with any construction of the Non -Transportation
Components.
ii. The Partnering Agency will not allow any liens to attach to any right-of-
way, improvements, or other property of ACHD as a result of any labor
performed or materials supplied in connection with the construction of the Non -
Transportation Components.
12. Construction Costs. Pursuant to the Cost -Share Ordinance and applicable law, all Road Project
construction costs associated with the Non -Transportation Components are the responsibility of
the Partnering Agency. In addition, any reconstruction costs of Transportation Components of a
Road Project that are necessitated by the incorporation of Non -Transportation Components in the
Road Project must be paid by the Partnering Agency. In accordance with the foregoing, describe
the applicable construction costs and (if applicable) any reconstruction costs for which the
Partnering Agency will be res onsible:
13. Maintenance. Pursuant to the Cost -Share Ordinance and applicable law, by submitting this
application, the Partnering Agency hereby certifies that it will be solely responsible for perpetually
replacing, maintaining, and caring for the Non -Transportation Components pursuant to the terms
of the Cost Share Permit. The Partnering Agency also certifies that if the Partnering Agency
fails to replace, maintain, and care for the Non Transportation Components, ACRD shall have the
following remedies in addition to any other recovery in law or in equity, provided that ACHD first
gives the Partnering Agency thirty (30) days notice and the Partnering Agency fails to remedy
such failure: (i) ACHD may revoke the Partnering Agency's Cost Share Permit for the Non -
Transportation Components, (il) ACHD may replace, maintain, and/or care for the Non -
Transportation Components and the Partnering Agency shall reimburse ACHD fully for all
associated costs, (iii) ACHD may remove, alter, redesign, or in the case of landscaping,
hardscape over the Non -Transportation Components, and the Partnering Agency shall reimburse
ACHD fully for all associated costs, and (iv) ACHD may refuse to issue any further Cost Share
Permits or any other permits for future ACHD Road Projects until the Partnering Agency complies
with the conditions of the Cost Share Permit. In addition, in the event of an emergency caused by
the Partnering Agency's failure to perform required maintenance, ACHD may immediately
perform any and all emergency repairs or take other measures in connection with an emergency,
and the Partnering Agency shall reimburse ACHD fully for all associated costs.
14. Acquisition of Real Property. Specify any real property that must be acquired to accommodate
the inclusion of the Non Transportation Components into the Road Project and indicate how and
when the Partnering Agency will acquire, pay for, or dedicate such real property. If the Partnering
Agency is responsible for obtaining the real property, also indicate whether the real property will
be deeded and/or dedicated to ACHD in connection with the Road Project. Please attach all
relevant legal descriptions to this application, if available, or, if not available, a complete
n and/or depiction of the real
15. Relocation of Utilities. Pursuant to the Cost -Share Ordinance and applicable law, by submitting
this application, the Partnering Agency hereby certifies that it will be solely responsible for the
relocation, or the cost of the relocation, of any utilities required in connection with the placement,
incorporation, or construction of the Non -Transportation Components. Describe the utilities that
will or may need to be relocated in connection with the Road Project, Also, identify which party
(ACHD or the Partnering Agency) will be responsible to relocate the utilities: (Please note that
ACHD may require, as a condition of issuing any Cost -Share Permit, that the Partnering Agency
shall be responsible for the relocation of anv utilities.
1 G. Effect on Storm Water Quaiity. Pursuant to the Cost -Share Ordinance and applicable law, by
submitting this application, the Partnering Agency hereby certifies that upon a determination by
ACHD that the incorporation into the Road Project of the Partnering Agency's Non -Transportation
Component(s) will have an adverse affect on storm water quantity or quality, Partnering Agency
shall be solely responsible for either mitigating or funding the mitigation of any such adverse
effected in a means determined by or acceptable to ACRD.
17. Additional Certifications by Partnering Agency_. By submitting this Cost Share Application, and
upon its approval by ACRD, the Partnering Agency hereby certifies and agrees as follows:
a. Indemnification. The Partnering Agency will protect, defend, indemnify, and hold ACHD
and its officers, directors, employees, members, and agents harmless from and against any
and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature,
including court costs and attorney fees, arising from or out of any acts or omissions of the
Partnering Agency, its agents, or contractors related to or in connection with the Non -
Transportation Components, the representations and certifications set forth in this Cost
Share Application, the terms of any issued and accepted Cost Share Permit, and the
exercise of any privileges or performance of any obligations by the Partnering Agency upon
the grant of approval of this application by ACRD.
b. Costs/Expenses. In the event of a Partnering Agency's failure to comply with the terms and
certifications made in this Cost Share Application or any issued and accepted Cost Share
Permit, the Partnering Agency shall be solely responsible for all costs, damages, expenses,
including without limitation all attorney fees, incurred by ACRD.
c. Comaiiance with Law. In the event that any part of the obligations of the Partnering Agency
or of ACHD in connection with the Road Project are determined to be illegal or
unenforceable by a court of competent jurisdiction, the remaining obligations of the
Partnering Agency set forth in this Cost Share Application shall still be applicable.
d. Adherence to Project Schedule,. ACRD will, pursuant to the terms of any issued Cost
Share Permit, provide a schedule for completion of the Non -Transportation Components.
To the extent that the Partnering Agency is responsible for all or any part of the
construction of the Non -Transportation Components, the Partnering Agency agrees to
comply with the schedule set forth in the Cost Share Permit.
e. Revocation of Rights by ACRD. ACHD shall at all times have the right to (i) maintain,
relocate, reconstruct, remove, or redesign any and all improvements that are part of the
Road Project, in which case the Partnering Agency shall reimburse ACHD fully for all
associated costs, (ii) revoke any Cost Share Permit granted to the Partnering Agency to
access any Highway or Public Right -of -Way, and (iii) immediately perform any and all
emergency repairs or take other measures in connection with an emergency, in which case
the Partnering Agency shall reimburse ACRD fully for all associated costs. ACHD shall use
best efforts to provide the Partnering Agency with advance notice before taking any of
these steps.
Signature/Certification of Aaelicant
The person signing below represents that he or she has the authority on behalf of the Partnering
Agency to submit this application and bind the Partnering Agency to the representations and
certifications set forth herein.
Name: _
Position:
Date:
APPENDIX 2
SUMMARY OF PROJECT COST RESPONSIBILITIES CHART
See attached
ITEM
ACHD COST
PARTNERINGAGENCY
__ Design
Standard Design
Design of Amenities
Extra Right of Way (ROW) for
Right -of -Way
Project specific design dimensions
or Livable Street Design Guide basic
amenities as outlined in policy,
street section if typology adopted by
including damages, buyouts
ACHD and jurisdiction in Master
and associated legal costs
Street Map or ACHD Capital
Improvement Plan -subject to
Highway Necessity requirement.
Through and
Project specific design dimensions
None
Center Turn
or Livable Street Design Guide
Lanes, Curb and
dimensions if typology adopted by
Gutter, Utility
ACHD and jurisdiction in Master
Strip
Street Map or ACHD Capital
Improvements Plan — subject to
Highway Necessity requirement.
Medians
Demonstrated need for traffic safety
Upgraded hardscape or
& operations, with hardscape —
landscaping and irrigation if
subject to Highway Necessity
median is needed for traffic
requirement.
management. All ROW,
construction, and maintenance
if median is for aesthetics only
Buffer Zone
As specified in the Livable Street
Landscape costs, construction
Design Guide for the basic
and ROW in excess of fi';
pedestrian zone; V ROW if
perpetual maintenance of
partnering agency chooses to
landscaping
landscape -subject to Highway
Necessity requirement.
Bike Lanes
5' unless constrained in a built
Greater than 5' unless
environment, then determined during
otherwise specified in an
project design -- subject to Highway
adopted plan
Necessi requirement.
Sidewalks
5' — subject to Highway Necessity
Greater than 5' unless
requirement.
otherwise specified in an
adopted plan
On Street Parking
ROW, design, construction and
Dedicated by the partnering
maintenance on ACHD arterial
agency or developer for
projects
collectors and local roads.
Dedicated by developer for
arterials when required as a
condition of development
approval.
Illumination
Primarily of benefit to motorists
Energy and Maintenance
(lighting)
costs, Pedestrian lighting