CITY OF BOISE. SUBJECT: Addendum to Master Agreement with Valley Region al Transit for Signs on Bus Benches

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Eileen Lester
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1 CITY OF BOISE To: FROM: Mayor and Council Steven McRae, U. of I. Extern Teresa Sobotka, Assistant City Attorney RESOLUTION NUMBER: R DATE: February 26, 2008 SUBJECT: Addendum to Master Agreement with Valley Region al Transit for Signs on Bus Benches ACTION REQUIRED: Approval of the second addendum to the Master Agreement between the City of Boise and Valley Regional Transit (VRT). RECOMMENDATION: Approval of the second addendum to the Master Agreement between the City of Boise and VRT. This will allow the City to permit VRT as the authority to permit bus benches along designated routes. Once VRT authorizes the designation of certain bus benches, the City can enforce the removal of the rest. FISCAL IMPACT/BUDGET IMPLICATIONS: Approval of the addendum will have no fiscal impact. BACKGROUND: Planning and Development Services would like to commence removing illegal bench signs (and contiguous bus benches) through B.C.C (k). According to this Code section, all bench signs are illegal unless they are authorized by the regional public transportation system authority VRT. For VRT to authorize bench signs, the first step is for the City s Planning Director to appoint VRT as the authorizing agency. The proposed addendum to the Master Agreement between the City and VRT is the permission of authority from the Planning Director to VRT. Once VRT has the authority to permit bench signs along designated routes pursuant to the proposed amendment, VRT will authorize the allowed benches and the City will remove the remaining illegal bench signs (with benches). ATTACHMENTS: Resolution with proposed addendum to the Master Agreement between the City of Boise and VRT.

2 RESOLUTION IVO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY, AND TIBBS A RESOLUTION APPROVING A SECOND ADDENDUM AND AMENDMENT TO THE MASTER AGREEMENT BETWEEN BOISE CITY AND VALLEY REGIONAL TRANSIT TO PERMIT THE AUTHORIZATION OF VRT TO ISSUE PERMITS FOR BUS BENCH SIGNS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID MASTER AGREEMENT, AS AMENDED, ON BEHALF OF BOISE CITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Valley Regional Transit ("VRT") is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter 21, Title 40, Idaho Code, and as a result of November 3, 1998 public referendum; and WHEREAS, Ada County Highway District ("ACHD") has licensed VRT, pursuant to an agreement on July 1, 2007, to construct, install, maintain, repair and control transit structures along public transit routes; and WHEREAS, the City of Boise City has passed the Ordinance, Boise City Code $ (K); and WHEREAS, certain conditions have been agreed upon to implement Boise City Code $ ; and WHEREAS, VRT is going to be the permitting agency for signs designated under Boise City Code $ (K), and the City of Boise City is the enforcing agency of Boise City Code $ ; and WHEREAS, VRT has approved the conditions of the Second Addendum and Amendment to Master Agreement by and between the City of Boise City and VRT. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Second Addendum and Amendment to Master Agreement by and between the City of Boise City and VRT, in the form attached hereto as Exhibit "A" and incorporated herein by reference, be, and the same is hereby, approved as to both form and content.

3 Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest to said Second Addendum and Amendment to Master Agreement for and on behalf of the City of Boise City. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Boise, Idaho, this day of, APPROVED by the Mayor of the City of Boise, Idaho, this day of, ATTEST: APPROVED: CITY CLERK MAYOR

4 SECOND ADDENDUM AND AMENDMENT TO MASTER AGREEMENT BETWEEN BOISE CITY AND VALLEYRIDE FOR BOISE URBAN STAGES TRANSITION THE SECOND ADDENDUM AND AMENDENT TO MASTER AGREEMENT BETWEEN BOISE CITY AND VALLEYRIDE FOR BOISE URBAN STAGES TRANSITION ("Addendum") is entered into by and between the City of Boise City, a Municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("Boise City") and VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 2 1, Title 40, Idaho Code ("VRT"). RECITALS A. WHEREAS, VRT is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter 21, Title 40, Idaho Code, and as a result of November 3, 1998 public referendum; and B. WHEREAS, VRT has previously been named and operated as the Treasure Valley Regional Public Transportation Authority (or "RPTA), the Valley InterArea Transit Authority (or "VIATrans") and "ValleyRide"; an COPY C. WHEREAS, in November 2004, ValleyRide's name was changed to Valley Regional Transit, but the ValleyRide name was retained to designate the different transit services (such as the ValleyRide Boise Transit Services for the Boise City bus service and ValleyRide Express Transit Services for intercounty operations) offered by VRT; and D. WHEREAS, VRT provides publicly funded or publicly subsidized transportation services and programs in Ada and Canyon Counties; and E. WHEREAS, Boise City is a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code; and F. WHEREAS, Idaho Code (7) provides that VRT may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Code , which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or authority of said agencies; and G. WHEREAS, Idaho Code provides that counties, cities and highway districts and other governmental entities in the region may enter into cooperative agreements with the regional public transportation authority in order to maintain continuity of existing transportation services; and SECOND ADDENDUM AND AMENDMENT TO MASTER AGREEMENT - 1

5 H. WHEREAS, Boise City and VRT (under its prior name ValleyRide) entered into that certain "MASTER AGREEMENT BETWEEN BOISE CITY AND VALLEYRIDE FOR BOISE URBAN STAGES TRANSITION" (the "Master agreement") dated July 16, 2002, which Master Agreement is incorporated herein by this reference thereto; and I. WHEREAS, Boise City and VRT desire to modify the Master Agreement as set forth below, the parties agreeing that it is to their mutual benefit to do so. AGREEMENT NOW, THEREFORE, in consideration of foregoing Recitals,ithe terms and conditions of this Addendum and other good and valuable considerations, the receipt, sufficiency and validity of which are hereby acknowledged, Boise City and VRT mutually agree as follows: 1. Responsibility of City of Boise. The City of Boise is responsible for enforcing the Boise City Code and therefore the City of Boise will be responsible for removing ail bench signs that are not authorized by VRT and are not in compliance with B.C.C (K), pursuant to B.C.C et. seq. 2. Permission of Authority. Pursuant to Boise City Code (K), the Planning Director of the City of Boise permits VRT to authorize any sort of sign used to advertise or display any visually communicated message by letter or by picture, of any kind, on any seating bench, or in direct connection * with ench sign") pursuant to the following conditions: a. All bench signs that are authorized by VRT shall be located on designated bus routes that are communicated to both the City of Boise Planning Director and the general public. b. VRT shall communicate all authorized bench signs to the City of Boise Planning Director. c. VRT shall act in good faith to establish designated bus stops on all bus routes until all bus routes and bus stops have been established. d. Once VRT has established all bus stops along designated bus routes, VRT may only authorize bench signs at designated bus stops. e. VRT shall inspect all authorized bench signs with adjoining benches annually and shall ensure to the City of Boise Planning Director that all authorized bench signs are in safe and operable condition; are in compliance with the Americans with Disabilities Act (ADA) standards; and are free from graffiti. f. VRT shall defend, indemnify, and hold harmless the City of Boise from the placement and maintenance of all bench signs. g. VRT shall ensure that all bench signs will not impede any "Clear Vision Triangle" as defined in Boise City Code SECOND ADDENDUM AND AMENDMENT TO MASTER AGREEMENT - 2

6 h. VRT shall only authorize bench signs located on private property with the express consent of the private property owner. i. VRT shall assure that authorized bench signs and adjoining benches are located to allow sidewalk clearance in compliance with the Americans with Disabilities Act (ADA). j. VRT and the City of Boise Planning Director shall meet annually to ensure that the conditions of this agreement are being met. k. Either VRT or the City of Boise Planning Director may renegotiate VRT7s authority over bench signs at any time, and both parties shall renegotiate VRT's authority over bench signs every three (3) years from the date of this agreement. 1. This agreement shall continue unless changes are made upon renegotiation. EXECUTED as the Effective Date. City of Boise City: Valley Regional Transit By: David Bieter?).-/'- _., -".... Mayor 1 :... i; \ ~ *..-., \.r \.i.(-..i-.\:--r -'!I Dated: Dated:,.;-,$E. -- \/.'I((,> ') Attest: Attest: By: Clerk By:, \.: / P - I / ( ' v, J,;,-,<-:@ t. 1 b.--- Secretary Dated: Dated: 2,',, j"4 3, SECOND ADDENDUM AND AMENDMENT TO MASTER AGREEMENT - 3

CITY OF BOISE. Modification to Section C. and D. Taxicab Parking Area

CITY OF BOISE. Modification to Section C. and D. Taxicab Parking Area CITY OF BOISE To: Mayor and Council FROM: Mike O Dell, Airport Deputy Director ORDINANCE or RESOLUTION NUMBER: O-36-08 DATE: 5/13/08 SUBJECT: Operation Modification to Section 12-19-10 C. and D. Taxicab