The Ada County Highway District (ACHD)

Transcription

1 SH 44 SH 20/26 MCMILLAN RD USTICK RD CHERRY LN LAKE HAZEL RD BEACON LIGHT RD VICTORY RD AMITY RD COLUMBIA RD HUBBARD RD KING RD PINE AV DEER FLAT RD FLOATING FEATHER RD FAIRVIEW AVE FRANKLIN RD OVERLAND RD KUNA RD MCMILLAN RD USTICK RD EDNA ST VICTORY RD AMITY RD LAKE HAZEL RD KUNA MORA RD FAIRVIEW AVE OVERLAND RD VISTA AVE BERGESON ST G:\Redistricting\CommisDistricts_custom.mxd March 2007 Regionalism & Consolidation in Ada County Ada County Highway District The Ada County Highway District (ACHD) was formed in 1972 as a consolidation of the street departments of Boise, Garden City, Meridian, Eagle, Kuna and Ada County. The Ada County Highway District is a single countywide highway district that has exclusive jurisdiction over all highway matters in Ada County except state highways. The term highway is broadly defined to include roads, streets, alleys and bridges together with necessary culverts, sluices, drains, ditches, waterways, embankments, retaining walls, bridges, tunnels, grade separation structures, roadside improvements, pedestrian facilities (sidewalks) and any other structures, works or fixtures incidental to the operation, preservation or improvement of the highways. ACHD is a unique entity. It is the only single county-wide highway district in Idaho. It differs significantly from most Idaho highway districts that may be characterized as maintenance organizations primarily serving rural areas. One example of that difference is ACHD s ordinance power. Another ACHD power, exclusive to a single county-wide highway district, is the responsibility for planning and location of rights-of-way. ACHD also has the power to review urban renewal projects and make recommendations to the city prior to final approval of a project. CANYON COUNTY ADA COUNTY SH 16 SH 16 BLACK CAT RD BLACK CAT RD TEN MILE RD SWAN FALLS RD LINDER RD I-84 LINDER RD LINDER RD BALLANTYNE LA LOCUST GROVE RD WILLOW CREEK RD District 5 MERIDIAN RD District 4 LOCUST GROVE RD SH 55 EAGLE RD CLOVERDALE RD CLOVERDALE RD FIVE MILE RD HORSESHOE BEND RD HILL RDPKWY Below is a summary of authorities granted to ACHD by Idaho law. Commissioners: The District is governed by a five-member Commission with each Commissioner elected from a sub-district of Ada County. The terms of the office of the Commissioners are staggered, based on a rotation schedule set by law, and are for four years. The commissioners of a highway district have exclusive general supervision and jurisdiction over all highways and public rights-of-ways within their highway system, with full power to construct, maintain, repair, acquire, purchase and improve all highways within their highway system, whether directly or by their own agents and employees or by contract. Except as otherwise provided in Idaho Code in respect to the highways within their highway system, a highway district shall have all of the powers and duties that would by law be vested in the commissioners of the county and in the district directors of highways if the highway district had not been organized. Idaho Code (1)(emphasis added). MILWAUKEE ST District 2 MAPLE GROVE RD District 3 GLENWOOD ST DIVISION ST COLE RD COLE RD STATE ST I-184 VETS PKWY ROOSEVELT ST HILL RD OWYHEE ST BOISE COUNTY ADA COUNTY HARRISON ST 8TH ST BROADWAY AVE BOISE AVE FEDERAL WAY District 1 WARM SPRINGS AVE Idaho Code also provides that the highway district shall have the right to acquire property necessary for the construction, use, maintenance, repair and improvement of highways in their system 29

2 and the highway district may change the width or location, or straighten lines of any highway in their system. Furthermore, state law provides the highway district s authority to establish design standards for roadways. As a single county-wide highway district, ACHD also has the additional powers to make ad valorem tax levies, pass ordinances and rules, and make all regulations necessary for carrying out duties conferred to a county-wide highway district. Specific Authority Rights-of-Way: ACHD has responsibility and authority for the planning and location of all rights-of-way within Ada County and authority for the design, construction, reconstruction and maintenance of all rights-of-way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls. ACHD can acquire by purchase or other legal means all land and property necessary for the construction, use, maintenance, repair and improvement of highways in their system. ACHD has the power of eminent domain and is required to prove necessity, good faith negotiation and fair market value to prevail in a condemnation action. ACHD may also acquire rights-of-way by prescription. Right-of-way is also acquired by the dedication of land to the highway district, often as a condition of approval of a subdivision plat or conditional use permit. Validations and Vacations: ACHD also has the authority to receive highway petitions and lay out, alter, create, abandon and vacate public highways and public rights-of-way. Validation is the formal process by which a resident or property holder within Ada County may petition ACHD to include a road or right-of-way into the public highway system. Vacation is the formal process by which the public relinquishes its rights to public rightsof-way. Impact Fees: In accordance with the Idaho Development Impact Fee Act and ACHD s impact fee ordinance, ACHD imposes an impact fee as a condition of development approval on all developments in Ada County. The purpose of the impact fee is to provide that anyone who obtains a building permit for a structure which will generate additional traffic will be required to pay a road impact fee. Offsets from impact fees may be given for construction of system improvements or dedication of land or money required by ACHD from a developer for a project. Plats: Idaho law mandates that no plat shall be accepted for recording by the County unless the plat has been accepted by the ACHD Commissioners, and it is endorsed thereon in writing. Statute requires that ACHD review and accepts all subdivision plats within Ada County. ACHD must approve continuity of highway patterns, widths, drainage provisions, rights-of-way, construction standards, traffic flow, traffic volume, demand generated by the proposed subdivision (both within and outside the subdivision boundaries), 30

3 and other matters pertaining to ACHD s function as a highway district. Responsibilities of Single County-Wide Highway Districts Within Cities Rights-of-Way Within City Limits: A single county-wide highway district is responsible for all county secondary and city highways and is recognized as a body politic of the state. In Idaho Code, the legislature specifically addressed a city s responsibilities, stating: No city included within a county-wide highway district shall maintain or supervise any city highways, or levy any ad valorem taxes for the construction, repair or maintenance of city highways.whenever any provisions of the existing laws of the state of Idaho are in conflict with the provisions of this chapter, the provisions of this chapter shall control and supersede all such laws. Idaho Code (emphasis added). becomes a function of the city; procurement, installation, operation and maintenance of traffic control devices; drainage where necessary for motorist safety or right-of-way maintenance. Additionally, within city limits, acquisition and acceptance of rights-of-way is the responsibility of the county-wide highway district. The highway district is further tasked with the responsibility of planning and locating rights-of-way within cities. In locating rights-of-way, the highway district shall take into consideration the comprehensive general plan of the appropriate county or city planning agency. However, while a county-wide highway district s statutory authority requires it to This section makes clear that the Legislature intended a county-wide highway district would have exclusive jurisdiction over even the city highways within a county-wide highway district. As stated above, ACHD has general broad powers to design, construct, reconstruct, maintain all rights-of-way within Ada County, including city rights-of-way, and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls. Within city rights-of-way, design, construction, reconstruction and maintenance includes: traffic and safety engineering for both motorists and pedestrian traffic; procurement and installation of highway lighting where it is primarily of benefit to motorists, to exclude energy costs and maintenance of lighting which subsequently consider a city s comprehensive plan in planning rights-of-way, such consideration requirement does not displace the highway district s exclusive jurisdiction or decision-making authority concerning right-of-way width, design, acquisition, and related standards as articulated in the recent Memorandum Decision and Order dated December 22, 2006, Ada County Highway District v. City of Boise et.al., Case No. CV OC Cities Responsibilities: Within the limits of any city, the city may expend city funds for placement, care and removal of trees, shrubs, grass, and 31

4 other plants which are located within the rights-ofway of any highway of the county-wide highway district. In addition, the city, after advising the highway district of its intent, shall be responsible for the placement, care and removal of any parking meters within the limits of any city, and for the enforcement of ordinances regulating the use of parking meters which are located within the rightsof-way of any highway of the county-wide highway district. The city is entitled to all of the revenues received from the parking meters. Revenue and Spending Limitations: Under Idaho law, highway districts are considered to be quasi municipal corporations and not political municipalities created for purposes of government, but for a special purpose; namely, that of improving the highways within its district. The Idaho Supreme Court has stated that highway districts are in the category of purely business and proprietary corporations. As a special purpose government, a highway district s powers to tax and make expenditures are limited to the specific authority granted under law. ACHD acquires its revenues from several different sources including the Highway District Fund, taxes on fuel, vehicle registration, and property taxes. Depending on the source of funding, however, the expenditure of certain revenue is subject to spending restraints. Specifically, the limitations arise with expenditures stemming from the Highway District Fund and from property taxes levied by the highway district. Per Idaho Code, all highway-user revenue accruing in the state highway account must be spent exclusively on the construction, maintenance, and development of highways and bridges in the county highway system. Idaho s Constitution also restricts the expenditure of funds derived from the imposition of any tax on gas sold or used to propel motor vehicles as well as any tax or fee for the registration of motor vehicles stating that such revenue shall be used exclusively for the construction, repair, maintenance, and traffic supervision of the public highways of the state. In addition to receiving an apportionment from the Highway District Fund and being able to levy ad valorem taxes, the Legislature has authorized highway districts to issue bonds. However, bonds must be used for construction, improvements or repairs of any highways or structures in the district, for the purposes of material and machinery, for contracting highway engineering and construction, for the necessary expenses of the district in connection with these purposes, or for any or all of these or connected purposes. Other Consolidated Entities Ada City-County Emergency Management (ACCEM) Ada City-County Emergency Management (AC- CEM) is responsible for disaster preparedness. ACCEM represents Ada County, Ada County Highway District, and the cities of Boise, Eagle, 32

5 Garden City, Kuna, Meridian and Star. The mission of ACCEM is to mitigate, prepare for, respond to and recover from disasters and emergencies resulting from any natural or technological cause. ACCEM identifies potential hazards affecting local governments and other jurisdictions within Ada County; it prepares, keeps current and distributes an intergovernmental emergency operations plan; coordinates resources before, during and after an emergency; coordinates emergency management among Ada County, its incorporated cities and other affected jurisdictions specifically including warning, communication, planning, training, public education and disaster exercising. In addition, ACCEM is responsible for providing the coordination and control of emergency operations as may be deemed necessary by the Executive Council from time to time. Website: Boise City-Ada County Housing Authority The Boise-City Ada County Housing Authority represents a limited consolidation of a single purpose government. The Wagner-Steagle Housing Act of 1937 provided that the ownership and operation of the housing initiatives would be the responsibility of a local public housing authority appointed by local officials. known as Housing Authorities and 1967 the City of Boise established a Housing Authority to plan, construct and reconstruct suitable low cost housing. The City authorized the creation of an independent public body, corporate and politic, to be known as the Boise City Housing Authority. In June 1975, the Department of Housing and Urban Development (HUD) began exploring the possibility the City of Boise receiving additional funding to administer housing programs covering the entirety of Ada County. Per the legal conditions provided Idaho Code, it was determined that such an operation would exceed the jurisdictional boundaries allowed to the Boise City Housing Authority. As a result, the Housing Authority Board of Commissioners began talks with Ada County on the possibility of creating a separate housing authority to provide low-income housing initiatives outside the City of Boise. In 1975, the Ada County Board of Commissioners passed a resolution declaring the need for a Housing Authority and by means of a cooperative agreement, Boise City Housing Authority provides management services for the administration of a low-income public housing program within the boundaries of Ada County. Website: COMPASS the Metropolitan Planning Organization In 1939 the State of Idaho established the ability for localities to create local housing agencies The Community Planning Association of Southwest Idaho (COMPASS) is the designated 33

6 Metropolitan Planning Organization (MPO) for the Boise and Nampa urbanized areas, which includes many of the incorporated cities in Ada and Canyon Counties. COMPASS is an association of local governments, special purpose agencies and transportation agencies that collectively form the COMPASS Board of Directors and associated support committees. The COMPASS Board of Directors is comprised of 37 representatives, mostly mayors, commissioners and city council members of its member agencies. In terms of voting members, the COMPASS Board is one of the largest in the United States for MPO s. COMPASS has served as the MPO for northern Ada County (Boise area) since 1977 and for Canyon County (Nampa area) since early Northern Ada County became a Transportation Management Area when the population reached 200,000 several years ago. This designation includes additional requirements for COMPASS to satisfy federal regulations, but also entitles the region to federal funds earmarked for large urban areas. The major roles of COMPASS, as mandated by federal legislation are: Unified Planning Work Program (UPWP): The UPWP is the agency s budget document, which outlines available financial resources and provides detailed information on projects and tasks. Long-Range Transportation Plan: Federal regulations require that metropolitan planning organizations have a current long-range transportation plan to guide investment and funding decisions for the region over a 20-year time frame. The most recent plan, Communities in Motion, is summarized later in the Briefing Book. Transportation Improvement Program (TIP): The TIP is a short-range (3-5 year) capital improvement program (budget) of transportation projects consistent with federal regulations and area policies and strategies. The TIP lists all projects for which federal funds are anticipated, along with non-federally funded projects that are regionally significant a definition established by COMPASS for purposes of project reporting in the TIP. Congestion Management System (CMS): When the Census population estimate for the Northern Ada County MPO exceeded 200,000, COMPASS was mandated to develop, establish and implement a CMS to measure congestion on regional transportation facilities, evaluate mitigation strategies and develop implementation measures to address congestion. Other roles and responsibilities of COMPASS, such as maintenance of the region s travel demand model, membership on the state s balancing committee for Surface Transportation Program funding, demographic projects and air quality analysis, are an outgrowth of the federally-mandated roles listed above. Website: Valley Regional Transit the Regional Public Transportation Authority In 1994, the Idaho Legislature passed a law giving citizens the opportunity to vote on the formation of public transportation authorities. Ada and Canyon 34

7 county voters recognized the need for a regionalized public transportation system and approved the formation of a regional public transportation authority (RPTA) for the region in November Valley Regional Transit operates the bus systems for Ada and Canyon Counties, with those services being separate entities under VRT, as federal funding for the two counties is segregated. Services in Ada County consist of 14 weekday and eight Saturday bus routes operating in the cities of Boise and Garden City. Services in Canyon County consist of four routes, running between and within Nampa and Caldwell. Three commuter bus routes operate between Nampa/ Caldwell and Boise, with some routes stopping in Meridian. Buses generally operate on 30-minute or one-hour headways. Valley Regional Transit s funding sources are primarily federal operating and capital grants through the Federal Transit Administration. The City of Boise is the primary local contributor of funds to VRT s services with other local entities providing some operating funds and dues to VRT. Idaho has no provisions for region-wide funding of public transportation agencies; therefore VRT is reliant upon federal and local city funds for continued operation. Federal funds for operations will cease for the Ada County routes in October 2007, stemming from Ada County s designation as a Transportation Management Area following the 2000 Census. The Valley Regional Transit Board of Directors consists of 28 appointed representatives from incorporated cities, counties and highway districts in Ada and Canyon counties plus one representative each from Capital City Development Corporation (CCDC), Boise State University, Idaho Transportation Department and the Meridian Development Corporation. In 2005, VRT oversaw the establishment of the Coalition for Regional Public Transportation to promote the establishment of local funding authorities through the Idaho Legislature. The Coalition enlisted support from companies, business leaders, chambers of commerce, legislators and other interested community organizations to achieve passage of enabling legislation. More information is contained in the appendix. Website: