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STATE INSURANCE FuND July 31, 2003 1215 W. STATE STREET • P.O. BOX83720· BOISE, IDAH083720-004 PHONE (208) 332·2100 • (BOO) 334-2370 INSURED: 578551 POE ASPHALT PAVING INC PO BOX 449 LEWISTON ID 83501 Re: Workers Compensation Insurance Policy #578551 AGENT: 79 STONEBRAKER MCQUARY AGENCY PO BOX 448 LEWISTON 10 83501 208/743-1506 On this date, we have issued a certificate of insurance substantiating workers compensation coverage with the State Insurance Fund. This certificate will be valid for one year from the date of certificate unless cancelled. Certificate #533352 issued to: CITY OF MOSCOW PO BOX 9203 MOSCOW ID 83843 Sincerely, Marcy Pauls Underwriting Department 208/332-2313 stephame, Please file this Pne Asph.!H srreer &2 overhy- 2003 ' ' 1nan K uvu I I I ---PAGE BREAK--- MOSCOW AREA OF CITY IMPACT AGREEMENT INTERIM AGREEMENT This AGREEMENT, by and between LATAH COUNTY, a political subdivision of the State of Idaho and the CITY OF MOSCOW, a municipal corporation of the State of Idaho, provides for an Area of City Impact around the City of Moscow, Idaho. WHEREAS, the Local Land Use Planning Act as enacted by the Idaho Legislature, I.e. 67-6501 et. z' requires adoption of an "area of city impact" around each city; and WHEREAS, Latah County and the City of Moscow have coordinated land use planning as provided by the Moscow Area of City Impact Agreement since January 11, 1993; and WHEREAS, the district court, State of Idaho, County of Latah has ruled that the Area of Impact Ordinance, Latah County Ordinance #122 as amended, is unconstitutional; and WHEREAS, the unconstitutionality of Latah County Ordinance #122 as amended leaves the Moscow Area of Impact without a current Zoning or Subdivision Ordinance; and WHEREAS, the lack of land use ordinances in the City of Moscow Area of Impact could have dire financial, land use, environmental, and quality of life effects upon the City of Moscow, Latah County, and their residents; and WHEREAS, on June 30, 2003, Latah County adopted an emergency ordinance, Latah County Ordinance #243, which requires that Latah County perform the final, substantive review of every decision made by the City of Moscow in the area of impact; and WHEREAS, this interim Area of Impact Agreement is intended to replace the existing agreement and incorporate the changes made by Latah County Ordinance #243, thus putting into place a temporary, constitutional procedure for land use applications and permits in the Area of Impact; and WHEREAS, Latah County and the City of Moscow intend to adopt a renegotiated agreement prior to the expiration of Latah County Ordinance 243, which expires one hundred twenty (120) days from the adoption date; AREA OF IMPACT AGREEMENT - INTERIM 1 2003-27 ---PAGE BREAK--- NOW THEREFORE, the City of Moscow and Latah County hereby agree as follows: Section 1: AREA This ordinance shall affect the unincorporated area of Latah County within the following sections: Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, and 30, Township 39 North, Range 5 West, B. Sections 1, 12, 13, and 24, Township 39 North, Range 6 West, B. M. ; and Sections 31, 32, 33, Township 40 North, Range 5 West, B. M. SECTION 2: DEFINITIONS The following words when used herein shall have these meanings: AREA shall mean the City of Moscow's Area of City Impact; BOARD shall mean the Board of Latah County Commissioners; CITY shall mean the City of Moscow; and COUNTY shall mean Latah County. SECTION 3: GOVERNING PLAN AND ORDINANCES 3.01 The City's Comprehensive Plan, Zoning, Subdivision, and Mobile Home Park and RV Park Ordinances are adopted by the County for the Area, with the following exceptions: the City's mobile home installation standards and building standards. 3. 02 No amendments of the Comprehensive Plan or the Zoning, Subdivision, and Mobile Home Park and RV Park Ordinances in the Area shall be effective until adopted by the City as required by its ordinances and thereafter by the County. SECTION 4: ADMINISTRATION OF THE AREA OF CITY IMPACT 4. 01 The Board authorizes the City to administer the governing plan and ordinances for the Area and the Board authorizes the City Planning and Zoning Commission, the City Board of Adjustment, and the City Council to make initial decisions, subject to Section 5.01. The Board also authorizes the AREA OF IMPACT AGREEMENT - INTERIM 2 ---PAGE BREAK--- City to initially issue all zoning, subdivision, and mobile home park and RV park permits required by the adopted regulations, subject to Section 5.01 and to charge and collect fees for all administrative duties (not in excess of those charged in the City) . 4.02 All zoning, subdivision, and mobile home park and applications in the Area shall be processed by the accordance with the application procedures of the ordinances, with the exception of the Ci ty'.s processes, which shall not apply to applications Area. RV park City in adopted appeal in the 4.03 When considering matters pertaining to the Area, voting representation on the City Planning and Zoning commission shall as nearly as possible, reflect the ratio of population living within the Area as compared to the population living within the City. SECTION 5: REVIEW AND APPEAL PROCESS 5.01 Conditional use permits, variances, planned unit developments, subdivision applications, and any other application or permit in the Area of Impact shall be forwarded by the City to the County for review within ten (10) days of the City's initial decision. Additionally, any appeals from initial decisions by the City will be made to the County by delivering a written notice of appeal to the County Planning and Building Department within fifteen (15) days of the City's initial decision. In reviewing an initial decision or in considering an appeal, the County has unlimited authority to reverse, modify or affirm the City's initial decision. The County may attach or remove conditions and may also hold its own public hearing. If the County intends to modify or reverse an initial decision by the City, it shall hold its own public hearing. 5. 02 Final decisions by the County made under Section 5. 01 may be subject to judicial review. SECTION 6: ENFORCEMENT AREA OF IMPACT AGREEMENT - INTERIM 3 ---PAGE BREAK--- The County may take legal action to enforce land use regulations within the Area, or may designate/appoint the City Attorney to take enforcement action on behalf of the County. SECTION 7: BUILDING PERMITS 7.01 The County will issue building permits and mobile home installation permits in the Area and shall forward copies of these applications to the City immediately. . The City shall review these applications for compliance with zoning, subdivision or mobile home park ordinances within the Area. The City shall indicate compliance or non-compliance without unreasonable delay. If the City has failed to indicate compliance or non-compliance or to request a time extension within one week of receipt, the County may assume compliance. 7.02 The County shall collect and pay the City a for review regarding building compliance subdivision and mobile home park regulations. reasonable fee with zoning, SECTION 8. RENEGOTIATION 8.01 This agreement shall be renegotiated at any time upon written request of either shall set forth the changes requesting party. If the adopt the requested changes for renegotiation set forth be implemented. party. This written request in the agreement sought by the other party has not agreed to within 180 days, the procedure in Idaho Code §67-6526(b) shall 8. 02 It is the intent of the parties that this agreement be renegotiated prior to October 28, 2003. IN WITNESS WHEREOF, the City, by and through its Mayor and City Clerk, and the County, by and through the Board of County Commissioners, have ex. e c ed/y .Jhis agreement to be effective as dated. / / {AREA OF IMPACT AGREEMENT - INTERIM 4 ---PAGE BREAK--- LATAH COUNTY: ATTEST: Commissioner AREA OF IMPACT AGREEMENT - INTERIM 5