11.02.2023 City Council Packet
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Ammon City Council
November 2, 2023
Mayor Coletti and City Councilmembers:
Discussion and Approval of a John Adams Extension Project Construction Management Contract for
Services
Staff Presenting:
Tracy Bono, City Engineer/Public Works Director
Recommendation
- Staff recommends approving the John Adams Extension Project Construction Management
Contract for Services
Summary of Analysis
1. The City has signed a contract with Depatco for the construction of the John Adams and Curlew
Extension Project. This contract is for Horrocks to do inspections and management of the
construction project to make sure it is built to the design plans.
2. This contract is being done under the Engineering services contract the City has with Horrocks.
Financial Impact
Motion
for $105,676.00 and authorize Mayor to sign.
Attachments:
1. Contract for Services
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
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2103603134
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SERVICE AND BILLING AGREEMENT
This Service and Billing Agreement (“Agreement”) is entered into this _____ day of
October, 2023, by and between the City of Ammon, an Idaho municipality (“City”) and the Eastern
Idaho Regional Sewer District, a sewer district authorized under the laws of the State of Idaho
(“District”), and hereby agree as follows:
BACKGROUND
A. The City in conjunction with the City of Shelley entered into a Joint Powers Agreement
to create the Eastern Idaho Regional Waste Water Association (“EIRWWA”) to provide
sewer services for customers residing in the respective cities.
B. In order to fund the construction of the Sewer Processing Facility (“Facility”) the City
issued bonds (“Sewer Bonds”).
C. The District was created by voter approval and consistent with Idaho law to replace
EIRWWA.
D. The District is in the process of, or has already been assigned, the assets of EIRWWA
and is, or is in the process of, assuming the liability for the Sewer Bonds.
E. Historically the City has collected the fees for the sewer service and has remitted those
fees to EIRWWA and/or the District.
F. The parties desire to enter into this Agreement confirming that the City will continue
to collect and remit fees to the District and the District will provide sewer services to
future users located in the City.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the amount and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Sewer Processing Services. The District agrees to accept sewage and wastewater
from residential and commercial end users located within the City and to process the sewage and
waste water at the District’s Sewer Facility. As long as the Sewer Facility has available capacity,
the District shall allow end users from the City to connect and utilize the District’s Sewer Facility.
2. Collection of Sewer Fee. As compensation for providing the services set forth in
Paragraph 1 above, the District shall establish a fee that will be charged to end users located within
the City to allow the end user to access the District’s sewer service (“Sewer Fee”). The Sewer Fee
shall be subject to change as determined by the District and the City agrees to bill and collect the
Sewer Fee from the end user and to timely remit to the District such amounts collected from end
users. At the point in time when the District in its sole discretion, determines it has the capability
and deems it feasible, the District may transition to billing the City end users directly for all District
fees.
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Ammon City Council 11.02.2023Page 52 of 80
3. Exclusive Use. So long as the District has available capacity, City agrees to use
the District as its exclusive provider for the disposal and processing of sewage and wastewater.
The requirement that the City exclusively use the District for sewage and wastewater treatment
does not apply either to (1) to property within to the Iona-Bonneville Sewer District located within
th
the City, or (2) property on 14 North that flow and are serviced by the City of Idaho Falls. The
th
City may revert the sewage and wastewater from the property on 14North to the District at such
point the City and District agree.
4. Payment of Reserve Funds.
a. Payment of Capital Replacement Fees.The City will pay over to the
District any reserve funds they have collected from end users for Capital Replacement
regardless of whether those fees were collected for EIRWWA or for the District.
b. Payment of Debt Service Reserve Fund. The City will pay over to the
District the Debt Service Reserve Fund (“DSRF”) that was created as a condition of
issuance of the Sewer Bonds.
c. Repayment of DSRF. The City claims to have funded the DSRF from
separate savings accumulated by the City instead of funds collected from end users. If the
City is able to provide documentation to prove that the DSRF was paid from the City and
not end users, the District agrees to return the DSRF to the City together with any interest
income that may be accrued from the DSRF once the Sewer Bonds have been paid in full.
Should the District determine the DSRF was paid from City funds and the District has
adequate funding to cover all obligations including but not limited to, debt service
payments, expansion, maintenance, repairs, and operating costs, prior to the retirement of
the DEQ loan that is being transferred to the District from the City; the District board may
at its own discretion, choose to transfer to the City an amount equal to the DSRF. Should
the District choose to do this, the City waives any and all rights to the DSRF. The District
will remit to the City annually any accrued interest generated from the DSRF up until the
bonds are paid in full.
5. Transfer and Payment of Sewer Bonds. The City does hereby transfer and assign
to the District the Sewer Bonds and the District agrees to use the Sewer Fee collected and paid
over to the District pursuant to Paragraph 2 of this Agreement to make all payment on the Sewer
Bonds.
6. End User Payment Defaults. In the event any end user fails to pay a Sewer Fee,
the City and the District shall work together to identify policies and procedures for the collection
of those fees and/or termination of any services.
7. Binding Effect. The provisions of this Agreement shall be binding upon and inure
to the benefit of the parties hereto, and the successors and assigns of the parties.
8. Pronouns. Any masculine personal pronoun shall be considered to mean the
corresponding feminine or neuter personal pronoun, as the context requires.
9. Law Governing. This Agreement shall be governed by and construed in
accordance with the laws of the State of Idaho, United States of America.
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10. Titles and Captions. All section titles or captions contained in this Agreement are
for convenience only and shall not be deemed part of the context nor affect the interpretation of
this Agreement.
11. Presumption. This Agreement or any section thereof shall not be construed against
any party due to the fact that said Agreement or any section thereof was drafted by said party.
12. Further Action. The parties hereto shall execute and deliver all documents,
provide all information and take or forbear from all such action as may be necessary or appropriate
to achieve the purposes of the Agreement.
13. Parties in Interest. Nothing herein shall be construed to be to the benefit of any
third party, nor is it intended that any provision shall be for the benefit of any third party.
14. Entire Agreement. This Agreement contains the entire agreement between the
parties with respect to the subject matter of this Agreement and supersedes all prior agreements
and negotiations between the parties. There are no representations, warranties, understandings or
agreements other than those expressly set forth herein.
15. Severability. If and to the extent that any court of competent jurisdiction holds any
provision or any part of this Agreement to be invalid or unenforceable, such holding shall in no
way affect the validity of the remainder of this Agreement.
16. Attorney’s Fees. In the event there is a default under this Agreement, and it
becomes necessary for either party to employ the services of any attorney in connection therewith,
either with or without litigation, the losing or breaching party to the controversy arising out of the
default shall pay to the prevailing party a reasonable attorney’s fee and, in addition, such costs and
expenses as are incurred in enforcing this Agreement.
17. Survival. Any of the terms and covenants in this Agreement which require the
performance of either party after Closing shall survive the Closing.
18. Modification of Agreement.This Agreement shall only be modified by an
instrument in writing, signed on behalf of each party.
CITY OF AMMON
By
Its:
EASTERN IDAHO REGIONAL SEWER
DISTRICT
By
Its:
SERVICE AND BILLING AGREEMENT - 3
Ammon City Council 11.02.2023Page 54 of 80
Ammon City Council Meeting
November 2, 2023
Mayor Coletti and Ammon City Council Members:
City of Ammon/Bonneville County Area of Impact Map
Ordinance #712
Staff Presenting:
Cindy Donovan, Planning Director
Compliance:
This action is in compliance with Idaho Code 50-222, State Statute 67-6526, City of Ammon
Comprehensive Plan, and City Ordinance
Recommendation:
Staff recommends approval based upon the following staff report
Summary of Analysis:
1. Last map was approved in 2001
2. Joint work session with Bonneville County Planning and Zoning Commission was held on
Wednesday, August 16, 2023. Both Commissions recommended approval.
3. Additional land south of 65th South to 81st South between 25th East and Hillside Canal has been
included
4. No additional land on the north or east has been included
5. Bonneville County Planning Commission held a hearing on Wednesday, September 27, 2023 and
recommended approval to the Bonneville County Commissioners.
6. Bonneville County Commissioners will conduct a public hearing on the Area of Impact Map with
an action item on Wednesday, November 1, 2023, Ordinance will most likely be signed on
November 8, 2023.
Public Hearing #2023-026 Commission Notice of Hearing:
- Published in the Post Register on Tuesday, August 22, 2023
- Mailed letters to 20 public entities on Friday, August 18, 2023
- No sign posting required
- Public Comment: No written testimony was received
Planning and Zoning Commission Deliberation and Reasoned Statement
Public Hearing #2023-026 and #2023-027 were held concurrently because they are related in nature
- Public Hearing #2023-026 was held before the Commission on Wednesday, September 6, 2023
- No testimony was presented
- Commission has considered these amendments as a Planning and Zoning Commission discussion
item, and at a joint meeting with the Bonneville County Planning Commission.
- Commission recommended approval with a unanimous vote of 7-0
- Reasoned Statement:
- In compliance with State Statute
- Reflects the direction of growth and is more current than the previous map
- No public opposition
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council 11.02.2023Page 55 of 80
Motion:
Approve
Use script provided with Ordinance #712
Deny
I move to deny the Area of Impact Map amendment, finding it does not comply with State
Statute, the Comprehensive Plan or City ordinance.
Continue
I move to continue the Area of Impact Map amendment until further details can be attained.
Attachments:
1. Public Hearing #2023-026 Planning and Zoning Commission Reasoned Statement
2. Ordinance #712 including the map
3. Idaho Code Section 50-222
4. State Statute 67-6526
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2
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CITY OF AMMON ORDINANCE NO. 712
BONNEVILLE COUNTY ORDINANCE NO. 257-23
tƌĻğƭĻ ƦƌğĭĻ źƓƭƷƩǒƒĻƓƷ ƭƷźĭƉĻƩ ĬĻƌƚǞ͵
AN ORDINANCE PROVIDING FOR THE IDENTIFICATION OF AN AREA WITHIN
THE COUNTY OF BONNEVILLE AS AN IMPACT AREA FOR THE CITY OF
AMMON; PROVIDING FOR THE ORDINANCES AND REGULATIONS TO APPLY
WITH SUCH IDENTIFIED IMPACT AREA MAP; PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF SUCH ORDINANCES AND
REGULATIONS; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Idaho Code § 67-6526 requires that Cities and Counties shall adopt an area of
impact as identified on a map wherein the area of City impact within the unincorporated area of
the County is identified, and by separate ordinance, provide for the application of plans and
ordinances for the area of City impact; and
WHEREAS, on November 2, 2023, the City of Ammon adopted Ordinance No. 712 providing
for the application of plans and ordinances for the area of city impact, and Bonneville County
adopted Ordinance No. 257-23 on November 8, 2023, thereby creating an Impact Area Map
between the two entities that has been enforced since the effective date; and
herein) have agreed to amend the existing Impact Area Map dated February 15, 2001 and Idaho
Code provides that such agreements and ordinances shall be modified and amended from time to
time as desired; and
WHEREAS, the City and the County through their respective governing boards have entered into
negotiations regarding the area of impact and the administration of rules and regulations
therefore; and
WHEREAS, such negotiations considered the following factors among others:
1. Trade Area;
2. Geographic Factors;
3. Areas that can reasonably be expected to be annexed into the City of Ammon, Idaho in
the future, and
WHEREAS, the City of Ammon Planning and Zoning Commission has held hearings on the
proposed impact area under due and regular notice and procedures, and has made
City of Ammon and Bonneville County Area of Impact Agreement Page 1 of 4
Ammon City Council 11.02.2023Page 58 of 80
recommendations to the City Council of the City of Ammon thereto, and the Bonneville County
Planning and Zoning Commission has considered and made recommendations to the Board of
County Commissioners regarding an appropriate area of City impact for the City of Ammon; and
WHEREAS, both City and County have made recommendations as to the comprehensive plan
and ordinances that should apply hereto; and
WHEREAS, the governing boards for the County and the City have each by separate ordinance
adopted and created the area of City impact within a map attached hereto and marked Exhibit
A, for the City of Ammon.
NOW THEREFORE, be it hereby ordained by the Mayor and City Council of the City of
Ammon, and the Board of County Commissioners of Bonneville County, Idaho:
Section 1. Legislative Purpose: The purpose of establishing the area of impact map and the
rules and regulations to apply thereon, is to comply with Idaho Code § 67-6526.
Section 2. Geographic Area of Impact: The area of impact for the City is defined by the
Section 3. Comprehensive Plan: The Comprehensive Plan as adopted and amended by the
County shall apply to the area of impact of the City of Ammon. The County shall amend the
Plan.
Section 4. Zoning Ordinance: The zoning ordinance, zoning map, as amended and any
subsequent amendments thereto, as adopted by the County shall apply to the area of impact map
of the City of Ammon. The County shall amend its zoning ordinance and zoning map to be
.
Section 5. Map: Attached hereto and made a part hereof as Exhibit A is the Area of Impact
Map between the County and City adopted by this ordinance.
Section 6. Notice: Any Application for a change in the Comprehensive Plan, the zoning
ordinances, or conditional use permits, variances or subdivision plats, shall be submitted by the
County to the City at least fourteen (14) days prior to any proposed action, with the City having
the right to review plans and make recommendations for change if desired. Improvement
drawings shall be made available to the City by the County upon receipt by the County of any
such improvement drawings.
Section 7. Renegotiations: Renegotiations shall follow the procedures outlined in Section
67-6526 of the Idaho Code.
Section 8. Severability: The provisions of this ordinance are severable and in the event any
provision hereof is determined to be unenforceable or invalid for any reason, such determination
shall not affect the enforceability of the remaining provisions.
Section 9. Effective Date. This ordinance shall be in full force and effect from and after its
execution by both the City and the County and passage and publication as required by law.
City of Ammon and Bonneville County Area of Impact Agreement Page 2 of 4
Ammon City Council 11.02.2023Page 59 of 80
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF AMMON,
IDAHO, this ______ day of _________, 2023.
_________________________________
Mayor Sean Coletti
__________________________________
Attest: Kristina Buchan, City Clerk
APPROVED AND ADOPTED BY THE COUNTY COMMISSIONERS OF
BONNEVILLE COUNTY, IDAHO, this ______ day of _________, 2023.
_________________________________
Roger Christensen, Chairman, Board of County Commissioners
__________________________________
Attest: _______________, County Clerk
City of Ammon and Bonneville County Area of Impact Agreement Page 3 of 4
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Exhibit A
MAP OF AREA OF IMPACT
City of Ammon and Bonneville County Area of Impact Agreement Page 4 of 4
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Ammon City Council Meeting
November 2, 2023
Mayor Coletti and Ammon City Council Members:
City of Ammon/Bonneville County Area of Impact Agreement
Ordinance #713
Staff Presenting:
Cindy Donovan, Planning Director
Area of Impact Amendments
1. Developments in the Area of Impact will build infrastructure to City Standards and the County
will receive 30-day notice of any changes to City Standards. (Section 5. Subdivision Ordinance)
2. There are additional requirements for County development agreements in the Area of Impact to
require inclusion in a Sewer District, transferable water rights, and installation of pressurized
irrigation, in anticipation that the subdivision is annexed at a later date. (Section 6. Development
Agreement)
Also requires a traffic study to be sent to the City of Ammon if a traffic study is
warranted based on the guidelines in the BMPO Access Management Plan July 2012.
3. A statement similar to the following has been added to Section 5. Subdivision Ordinance,
subdivision may be annexed into the City of Ammon, at the sole discretion of the City, when any
portion of said land becomes contiguous to the City of Ammon corporate limits, in accordance
with Idaho Code Section 50 -
4. Section 6. Development Agreements and Section 8. City Services reference Exhibit B, a
document that will be executed and recorded by the County for properties within the area of
impact where the property owner gives consent to annexation at such a time it is contiguous, at
5.
unannexed properties if they cannot currently be annexed, are built to City standards, and sign
Exhibit B.
6. Section 9. Impact Fees states that if an Impact Fee ordinance is adopted, this agreement may be
renegotiated
7. Section 10. Annexations references Exhibit C, which is a template for a formal document that
will be sent by the City to the County and must accompany land use applications submitted to
the County for land in the Area of Impact.
8. Area of Impact boundary is the same with the addition of property to the south.
9. Bonneville County Planning Commission held a hearing on Wednesday, September 27, 2023 and
recommended approval to the Bonneville County Commissioners.
10. Bonneville County Commissioners will conduct a public hearing on the Area of Impact
Agreement with an action item on Wednesday, November 1, 2023. Ordinance will most likely be
signed on November 8, 2023.
Public Hearing #2023-027 Notice of Hearing:
- Published in the Post Register on Tuesday, August 22, 2023
- Mailed letters to 20 public entities on Friday, August 18, 2023
- No sign posting required
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 1
Ammon City Council 11.02.2023Page 71 of 80
- Public Comment: No written testimony was received
Planning and Zoning Commission Deliberation and Reasoned Statement
Public Hearing #2023-026 and #2023-027 were held concurrently because they are related in nature
- Public Hearing #2023-027 was held before the Commission on Wednesday, September 6, 2023
- No testimony was presented
- Commission has considered these amendments as a Planning and Zoning Commission discussion
item, and at a joint meeting with the Bonneville County Planning Commission.
- Commission recommended approval with a unanimous vote of 7-0
- Reasoned Statement:
- In compliance with State Statute
- Beneficial to the City of Ammon
- Updated development guidelines
- Encourages growth into the City
- Documents City expectations for development in the Impact Area
Motion:
Approve
Use script provided for Ordinance #713
Deny
I move to deny the Area of Impact Agreement, finding it does not comply with State Statute, the
Comprehensive Plan or City ordinance.
Continue
I move to continue the Area of Impact Agreement until further details can be attained.
Attachments:
1. Public Hearing #2023-027 Planning and Zoning Commission Reasoned Statement
2. Ordinance #713 Area of Impact Agreement including map
3. Idaho Code Section 50-222 (included with staff report for Area of Impact Map)
4. State Statute 67-6526 (included with staff report for Area of Impact Map)
2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000
www.cityofammon.us Page | 2
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CITY OF AMMON ORDINANCE NO. 713
BONNEVILLE COUNTY ORDINANCE NO. 257-23
tƌĻğƭĻ ƦƌğĭĻ źƓƭƷƩǒƒĻƓƷ ƭƷźĭƉĻƩ ĬĻƌƚǞ͵
AN ORDINANCE PROVIDING FOR THE IDENTIFICATION OF AN AREA WITHIN
THE COUNTY OF BONNEVILLE AS AN IMPACT AREA FOR THE CITY OF
AMMON; PROVIDING FOR THE ORDINANCES AND REGULATIONS TO APPLY
WITH SUCH IDENTIFIED IMPACT AREA; PROVIDING FOR THE
ADMINISTRATION AND ENFORCEMENT OF SUCH ORDINANCES AND
REGULATIONS; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Idaho Code § 67-6526 requires that Cities and Counties shall adopt an area of
impact as identified on a map wherein the area of City impact within the unincorporated area of
the County is identified, and by separate ordinance, provide for the application of plans and
ordinances for the area of City impact; and
WHEREAS, on November 2, 2023, the City of Ammon adopted Ordinance No. 713 providing
for the application of plans and ordinances for the area of city impact, and Bonneville County
adopted Ordinance No.257-23 on November 8, 2023, , thereby creating and providing for the
application of plans and ordinances for the area of city impact; and
herein) have agreed to amend the existing Impact Area Agreement dated February 15, 2001 and
Idaho Code provides that such agreements and ordinances shall be modified and amended from
time to time as desired; and
WHEREAS, the City and the County through their respective governing boards have entered into
negotiations regarding the area of impact and the administration of rules and regulations
therefore; and
WHEREAS, such negotiations considered the following factors among others:
1. Trade Area;
2. Geographic Factors;
3. Areas that can reasonably be expected to be annexed into the City of Ammon, Idaho in
the future, and
WHEREAS, the City of Ammon Planning and Zoning Commission has held hearings on the
proposed impact area under due and regular notice and procedures, and has made
City of Ammon and Bonneville County Area of Impact Agreement Page 1 of 7
Ammon City Council 11.02.2023Page 74 of 80
recommendations to the City Council of the City of Ammon thereto, and the Bonneville County
Planning and Zoning Commission has considered and made recommendations to the Board of
County Commissioners regarding an appropriate area of City impact for the City of Ammon; and
WHEREAS, both City and County have made recommendations as to the comprehensive plan
and ordinances that should apply hereto; and
WHEREAS, the governing boards for the County and the City have each by separate ordinance
adopted and created the area of City Impact Agreement for the City of Ammon.
NOW THEREFORE, be it hereby ordained by the Mayor and City Council of the City of
Ammon, and the Board of County Commissioners of Bonneville County, Idaho:
Section 1. Legislative Purpose: The purpose of establishing the area of impact and the
rules and regulations to apply thereon, is to comply with Idaho Code § 67-6526.
Section 2. Geographic Area of Impact: The area of impact for the City is defined by the
Section 3. Comprehensive Plan: The Comprehensive Plan as adopted and amended by the
County shall apply to the area of impact of the City of Ammon. The County shall amend the
Plan.
Section 4. Zoning Ordinance: The zoning ordinance, zoning map, as amended and any
subsequent amendments thereto, as adopted by the County shall apply to the area of impact of
the City of Ammon. The County shall amend its zoning ordinance and zoning map to be
compatible where possib.
Section 5. Subdivision Ordinance: The subdivision ordinance as adopted by the County
shall govern the development in the City of Ammon impact area and Bonneville County shall
amend its subdivision ordinance if necessary to cover such impact area and to be compatible
where possible with the City of Ammon subdivision ordinance. All improvements within such
impact area shall be required to meet the standards and criteria of the City of Ammon in order to
be compliant in the event of future annexation. All improvements within the Area of Impact shall
County. If at such time the City decides to amend the Infrastructure Standards, the City shall
notify the County at least thirty (30) days prior to any proposed action, with the County having
the right to review and make recommendations for change if desired. All new subdivision plats
within the City of Ammon impact area shall contain the
may be annexed into the City of Ammon, at the sole discretion of the City, when any portion of
said land becomes contiguous to the City of Ammon corporate limits, in accordance with Idaho
Code Section 50 -222.
Section 6. Development Agreements: The County shall require development agreements
for any development of property located in the area of impact. The county shall require the
developer to conform to the requirements of the county ordinances and the building standards
City of Ammon and Bonneville County Area of Impact Agreement Page 2 of 7
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and criteria of the City of Ammon. Any requirements of a development agreement shall be
compatible with the City of Ammon ordinances including but not limited to; inclusion in a Sewer
District, transferable water rights, and installation of pressurized irrigation, in anticipation of the
subdivision becoming annexed into the City of Ammon at a future date. All new development
agreements within the City of Ammon impact area shall contain the
development may be annexed into the City of Ammon, at the sole discretion of the City, when
any portion of said land becomes contiguous to the City of Ammon corporate limits, in
accordance with Idaho Code Section 50 -222The County shall require Exhibit B to be signed
and recorded as a condition of approval. Obtaining the execution and recording of Exhibit B is
the responsibly of the County.
The County shall require right-of-way for all public roads within the area of impact. The County
shall require the Developer to provide a traffic study to the City of Ammon in accordance with
Section 6.3 BMPO Access Management Plan July 2012 within the area of impact. Road
improvements in the City of Ammon or the area of impact recommended by a traffic study shall
be made requirements of the development agreement.
Section 7. Deed and Plat Requirements: All final plats for any developments within the
City of Ammon impact area that file applications with Bonneville County after the Effective
subdivision name\], may be annexed into the City of Ammon, at the sole discretion of the City,
when any portion of said lands within the development becomes contiguous to the City of
subdivided property within a final plat for any
developments within the City of Ammon impact area approved after the Effective Date of this
which this parcel, \[insert legal description\], is located may be annexed into the City of Ammon
when any portion of said lands within the development, \[insert subdivision name\], becomes
Section 8. City Services: Upon annexation into the City of Ammon, the City or its
contracted utility provider, shall provide and/or extend sewer and water utility services to the
annexed properties. The City of Ammon, at its sole discretion, may allow for the extension of
city utilities and those of its utility providers to unannexed properties if the property does not
meet the requirements for annexation into the City at that time. If allowed by the City, the
County shall require that the property is built to comply with the then existing City development
standards and require Exhibit B to be recorded as a condition of approval.
Section 9. Impact Fees: With respect to the area of impact, if at such time as an impact fee
ordinance is adopted, this agreement may be re-negotiated.
Section 10. Annexations: Annexation to the City of Ammon shall be in accordance with
Idaho Code Section 50-222 as amended. Property that is contiguous with the City of Ammon
shall submit an application to annex into the City before submitting an amendment to any land
use with the County. Any land use applications submitted to the County for property within the
area of impact shall contain a letter, Exhibit C, at time of application, from the City of Ammon
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Ammon City Council 11.02.2023Page 76 of 80
stating the feasibility of annexing said property, the feasibility of extending utility services to
said property, and the City's intended land use for the
property.
Section 11. Administration and Enforcement: The Bonneville County Planning Board
shall act as the Planning Commission for the City Impact Area and all permits and licenses shall
be issued through the Bonneville County Zoning Office. Enforcement of the agreement and the
ordinance shall be the responsibility of the County.
Section 12. Notice: Any Application for a change in the Comprehensive Plan, the zoning
ordinances, or conditional use permits, variances or subdivision plats, shall be submitted by the
County to the City at least fourteen (14) days prior to any proposed action, with the City having
the right to review plans and make recommendations for change if desired. Improvement
drawings shall be made available to the City by the County upon receipt by the County of any
such improvement drawings.
Section 13. Renegotiations: Renegotiations shall follow the procedures outlined in Section
67-6526 of the Idaho Code.
Section 14. Severability: The provisions of this ordinance are severable and in the event any
provision hereof is determined to be unenforceable or invalid for any reason, such determination
shall not affect the enforceability of the remaining provisions.
Section 15. Effective Date. This ordinance shall be in full force and effect from and after its
execution by both the City and the County and passage and publication as required by law.
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF AMMON,
IDAHO, this ______ day of _________, 2023.
_________________________________
Mayor Sean Coletti
__________________________________
Attest: Kristina Buchan, City Clerk
APPROVED AND ADOPTED BY THE COUNTY COMMISSIONERS OF
BONNEVILLE COUNTY, IDAHO, this ______ day of _________, 2023.
_________________________________
Roger Christensen, Chairman, Board of County Commissioners
__________________________________
Attest: _______________, County Clerk
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Ammon City Council 11.02.2023Page 77 of 80
Exhibit A
MAP OF AREA OF IMPACT
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Exhibit B
CONSENT TO ANNEXATION
This CONSENT TO ANNEXATION (this
Real Property to the City of Ammon, Idaho, when said Real Property becomes contiguous or
adjacent to the City of Ammon, Idaho. Owner understands that, in accordance with Idaho Code §
50-222(4)(a), this Consent will be recorded in the records of Bonneville County, Idaho, and will
be binding upon the Owner and any subsequent purchasers, heirs, or assigns of the Real Property
or any portion thereof.
described real property in Bonneville County, Idaho:
LEGAL DESCRIPTION
heirs, and/or assigns of the Real Property, or any portion thereof, to the Annexation of the Real
Property to the City of Ammon, Idaho, at the option of said City when or at any time after said
Real Property becomes contiguous or adjacent to the City of Ammon, Idaho.
EXECUTED to be effective for all purposes as of this ____________________, 20____.
Owner:
By: ________________________________________
Property Owner, Owner
STATE OF IDAHO )
:ss.
County of Bonneville )
On this _____ day of _______________, 2023 before me the undersigned, a Notary Public in and
for said State, personally appeared _____________, and known or identified to me to be the person
whose name is subscribed to the within instrument as the Owner and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first
above written.
____________________________________
Notary Public for the State of Idaho
Residing in Bonneville County, Idaho
Commission Expiration Date:
County to record and enforce
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Exhibit C
ANNEXATION FEASIBILITY LETTER
To: Bonneville County Planning and Zoning
From: The City of Ammon Planning and Zoning Department
Date: \[date\]
Subject: \[development\]
The City of Ammon has reviewed the proposal for \[development name and/or location\] and has
the following comments regarding the proposal for development in Bonneville County.
The feasibility of annexing said property into the City: _________________________________
______________________________________________________________________________
______________________________________________________________________________
The feasibility of extending utility services to said property: _____________________________
______________________________________________________________________________
Is the City willing to extend City services if it is not annexed at this time? __________________
______________________________________________________________________________
The Cityintended land use for the property: ________________________________________
Other comments: _______________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Signed: ________________________________________
The City of Ammon Planning Director
Date: __________________________________________
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