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2011-07-11 Special Jointf it a l • �f. 5s ���ja t�'.5�+ r -ft, Ago CITY OF TREES NFS'T11't:RY THE RIVER ':r VIOrvwa ria 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, r o 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 .. .. . . state, ieuerai, anawr muds iaw, uver use wvn- i ranspuriauun Cumpunenm 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