Ordinances 134 through 144
ORDINANCE NO. 144
BY THE COUNCIL: BRITTON, JACKSON, DIXON, AND SVANCARA
AN ORDINANCE PROVIDING FOR THE ACCEPTANCE OF THE REQUIREMENTS OF TITLE 19, CHAPTER 51, IDAHO CODE RELATING TO THE STANDARDS AND TRAINING OF PEACE OFFICERS; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:
Section 1. The City of Idaho City declares that it desires to qualify to receive aid for police training from the Law Enforcement Planning Commission under the provisions of Chapter 51, Section 19-5118 of the Idaho Code.
Section 2. Pursuant to Section 19-5117, of said Chapter 51, the City of Idaho City while receiving aid from the Law Enforcement Planning Commission pursuant to said Chapter 51, will adhere to the standards for employment and training established by the Idaho Peace Officer Standards and Training Adivsory Council.
Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication hereof.
PASSED by the Council of the City of Idaho City, Idaho, this 8th day of June, 1977.
APPROVED by the Mayor of the City of Idaho City, Idaho, this 8th day of June, 1977.
APPROVED:
John B. Brogan, Mayor
ATTEST:
Rora A. Phillips, City Clerk
Idaho City, Idaho February 9, 1977
143
The City Council of the City of Idaho City, Boise County, Idaho, met in regular public session at the regular meeting place of the council in the City Hall in the City of Idaho City, Idaho, at 8:00 o'clock P.M. on February 9, 1977. The roll was called and the following found to be present:
John B. Brogan, Mayor William Britton, Councilman Roger Jackson, Councilman Barbara Jean Dixon, Councilwoman Edwin Svancara Councilman
Absent:
Barbara Jean Dixon
There was also present Rora A. Phillips, City Clerk.
After the meeting had been duly called to order and the minutes of the preceding meeting read and approved, the following ordinance was introduced in written form by WM BRITTON and was read by title. Councilman ROGER JACKSON moved that the rule requiring the reading of the ordinance three different days be dispensed with and the motion was adopted by the vote of not less than three members of the council, to wit:
Aye: William Britton Roger Jackson Edwin Svancara Barbara Jean Dixon - absent
Nay: None.
The ordinance was thereupon read again by title and was then read in full, after which pursuant to motion made by Roger Jackson and seconded by Edwin Svancare the ordinance was adopted by the following vote:
Aye: William Brillen Roger Jackson Edwin Svancare Barbara Jean Ikemna Absent
Nay: None.
The ordinance was thereupon signed by the Mayor in evidence of his approval, was attested by the City Clerk, was ordered recorded, and is as follows:
ORDINANCE NUMBER 143
AN ORDINANCE calling a special general obligation bond election for the purpose of submitting to the qualified electors of the City of Idaho City the proposition of the issuance of $75,000 General Obligation Waterworks Bond of the City of Idaho City, and providing for the issuance of such bonds and the levy of a tax to pay them in the event such bonds are voted at said election.
WHEREAS, the construction of extensions and improvements to the existing waterworks plant and water supply system of the City of Idaho City, Idaho, is considered by the Mayor and Council to be necessary and essential to the health and well-being of the inhabitants of said city; and
WHEREAS, said city does not have sufficient funds available to pay the cost of the foregoing and has determined it advisable to finance such cost in part through the issuance of the bonds of the city pursuant to the provisions of Chapter 10 of Title 50 of
the Idaho Code, and in order to do so desires to provide for the holding of the election required by said chapter;
NOW, THEREFORE, Be It Ordained by the Mayor and Council of the City of Idaho City, Boise County, Idaho, as follows:
Section 1. That a special general obligation bond election is hereby called to be held in the City of Idaho City, Idaho, on March 22, 1977, for the purpose of submitting to the qualified electors of said city the proposition set forth in the form of ballot appearing in Section 3 hereof.
Section 2. That the polls at said election shall open at the hour of 12:00 o'clock noon and remain open continucusly until the hour of 8:00 o'clock P.M. and then close. Said election shall be held at the voting places specified in the form of notice of election set out in Section 4 hereof.
Section 3. That all persons eighteen (18) years of age or older who at the time of election are qualified electors of the city, properly registered and possessing the qualifications of residents, shall be qualified to vote at said election, and that the ballots to be used at said special general obligation bond election shall be in substantially the following form:
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OFFICIAL BALLOT
SPECIAL GENERAL OBLIGATION BOND ELECTION
CITY OF IDAHO CITY
BOISE COUNTY
STATE OF IDAHO
MARCH 22, 1977
INSTRUCTIONS TO VOTERS: To vote on the following question, place a cross (x) in the square to the right of "IN FAVOR OF ISSUING BONDS TO THE AMOUNT OF $75,000 FOR THE PURPOSE STATED IN ORDINANCE NUMBER 143" or "AGAINST ISSUING BONDS TO THE AMOUNT OF $75,000 FOR THE PURPOSE STATED IN ORDINANCE NUMBER 143", according to the way you desire to vote on the question. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you, by mistake or accident, mark, tear, deface, or otherwise mutilate this ballot, return it to the election judges and obtain another ballot.
QUESTION: Shall the City of Idaho City, Idaho, issue and sell its negotiable coupon general obligation bonds to the amount of $75,000 for the purpose of constructing extensions and improvements to the existing waterworks plant and water supply system of said city as more fully provided in Ordinance No. 143 adopted February 9, 1977?
IN FAVOR OF ISSUING BONDS TO THE AMOUNT OF $75,000 FOR THE PURPOSE STATED IN ORDINANCE NO. 143
AGAINST ISSUING BONDS TO THE AMOUNT OF $75,000 FOR THE PURPOSE STATED IN ORDINANCE NO. 143.
The City Clerk shall, in accordance with the provisions of Section 50-413, Idaho Code, cause sample ballots to be printed not less than fifteen (15) days before said special general obligation bond election, which sample ballots shall be in the same form as the official ballot above set forth except that it shall have printed thereon the words "Sample Ballot," shall be on paper of a different color than the official ballot and shall not be numbered. The sample ballots shall be available in the office of the City Clerk to be furnished to such persons applying therefor
to the City Clerk. The City Clerk shall cause the form of sample ballot to be published once a week for two consecutive weeks in The Idaho World, the official newspaper of the city, the last publication to be not less than five (5) days preceding the date of said election.
Section 4. That notice of said special general obligation bond election shall be given by the City Clerk by publication of the following notice in The Idaho World, the official newspaper of said city, being published and having general circulation in the City of Idaho City, once a week on the same day of five consecutive weeks, the first of which publications shall be not less than thirty (30) days prior to the date fixed for the holding of said election. Said notice shall be in substantially the following form:
NOTICE OF SPECIAL GENERAL OBLIGATION BOND ELECTION
Pursuant to the laws of the State of Idaho and Ordinance Number 143 of the City of Idaho City, County of Boise, State of Idaho, notice is hereby given that a special general obligation bond election will be held in said city on March 22, 1977, beginning at the hour of 12:00 o'clock noon and closing at the hour of 8:00 o'clock P.M. of said date, for the purpose of taking a vote upon the following question, to wit:
QUESTION: Shall the City of Idaho City, Idaho, issue and sell its negotiable coupon general obligation bonds to the amount of $75,000 for the purpose of constructing extensions and improvements to the existing waterworks plant and water supply system of said city, as more fully provided in Ordinance Number 143 adopted February 9, 1977?
Said election shall be held at the following voting place:
CITY HALL
IDAHO CITY, IDAHO
Notice is further given that only qualified electors of said city, eighteen (18) years of age or older, and who are registered as provided by law are entitled to vote at said election. No qualified elector who is duly registered as a voter at the last preceding general municipal election shall be required to register so long as he remains, or has remained, continuously after such registration, a duly qualified elector of the City of Idaho City, but those electors who have failed or neglected heretofore to vote at any general biennial election in said city or who moved from the city and who remained away from the city for a period of one (1) year (provided they shall again have resided in the city as required by law) must reregister.
Rora A. Phillips, City Clerk, is ex-officio Registrar of said city. The place of registration is the office of said City Clerk in the City Hall in the City of Idaho City.
Persons may register on each day at any time during the office hours of said City Clerk, beginning with the day that the notice of election is given and continuing until and including the Saturday next preceding the election, and on Thursday, Friday and Saturday next preceding the election, persons may register between the hours of 9:00 o'clock A.M. and 5:00 o'clock P.M. and between the hours of 7:00 o'clock P.M. and 9:00 o'clock P.M.
The voting at said election shall be by separate ballot. The ballots to be supplied the voters for their use at said election shall be in the form set forth in Ordinance No. 173.
If at said special general obligation bond election two-thirds of the qualified registered electors eighteen (18) years of age or older voting at such election assent to the issuing of said issue of general obligation bonds and the incurring of the indebtedness thereby created for the purpose of constructing extensions
to the existing waterworks plant and water supply system of said city, such general obligation bonds shall be issued for such voted purpose in the manner provided by the Municipal Bond Law of Idaho. Said general obligation bonds, or any issue thereof, shall mature over a period commencing at the expiration of one (1) year from their date and ending twenty (20) years from the date and shall bear interest and be payable in accordance with the provisions of Section 50-1026, Idaho Code, and the Municipal Bond Law of Idaho.
The Mayor and Council will meet on March 22, 1977, at the hour of 9:00 o'clock P.M., at the regular meeting place of the Mayor and Council in the City Hall in the City of Idaho City, for the purpose of canvassing the results of the election.
Dated at Idaho City, Idaho, this 9th day of February, 1977.
Rora G. Phillips City Clerk
Section 5. That if at said election two-thirds of the qualified registered electors of the city, eighteen (18) years of age or older voting thereat assent to the issuance of said bonds, the general obligation bonds of the city shall be issued as hereinabove provided and shall mature over a period commencing at the expiration of one (1) year from their date and ending twenty (20) years from their date and shall bear interest and be payable in accordance with the provisions of Section 50-1026, Idaho Code, and the Municipal Bond Law of the State of Idaho.
Section 6. That the following persons are hereby appointed to act as judge and as clerks of said election:
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VOTING PLACE ELECTION OFFICIALS
City Hall Martina Erickson May Gumm Idaho City, Idaho Judge Clerk
Georgia Condray Clerk
Eslal Lansing Clerk
The City Clerk is directed to notify said appointees of their appointment within five (5) days of the adoption hereof.
Section 7. That the Mayor and Council shall meet on March 22, 1977, a date within five (5) days following said election, at the hour of 9:00 o'clock P.M. at the regular meeting place of the Mayor and Council in the City Hall in said city for the purpose of canvassing the results of the election and thereupon the result shall be entered in the minutes of the Clerk and proclaimed as final.
Section 8. That said general obligation bonds shall be issued if carried as aforesaid and payment shall be made through the levy of taxes on all taxable property in the City of Idaho City, beginning with the year 1977 and continuing until principal and interest shall have been fully paid, in such amounts and at such rates as are necessary to assure the prompt payment of such principal and interest, and it is hereby ordered that such taxes shall be levied annually at the time and in the manner the general taxes for said city are levied in each such year, in addition to all other authorized taxes and assessments. The proper officer or officers of said city are hereby authorized and directed to do all things requisite and necessary to carry out the provisions of this section and to apply the proceeds of the taxes so collected to the payment of such principal and interest.
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Section 9. That all ordinances or parts thereof in conflict herewith are to the extent of such conflict hereby repealed, and that this ordinance shall be published within one (1) month after its passage in one issue of The Idaho World, the official newspaper of said city, and shall take effect and be in full force immediately upon its passage, approval and publication.
Adopted and approved February 9, 1977.
Mayor
Attest:
Rosa C. Phillips City Clerk
(Other business not pertinent to the above appears in the minutes of the meeting).
Pursuant to motion made and carried, the meeting adjourned. 10:25 p.m.
Mayor
Attest:
Rosa C. Phillips City Clerk
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STATE OF IDAHO )
)
COUNTY OF BOISE )
I, Rora A. Phillips, do hereby certify that I am the duly qualified and acting Clerk of the City of Idaho City, Boise County, Idaho.
I further certify that the above and foregoing constitutes a true and correct copy of the minutes of a regular public meeting of the City Council of said city held on the 9th day of February, 1977, and of an ordinance adopted at said meeting, and said minutes and ordinance are officially of record in my possession.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the seal of said city this 9th day of February, 1977.
Rora A. Phillips City Clerk
(SEAL)
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ORDINANCE NO. 142
ORDINANCE THEREOF THE INTERIM APPROPRIATION ORDINANCE TO PROVIDE FUNDS FOR THE PAYMENT OF SALARIES AND OTHER CURRENT EXPENSES INCURRED BY THE CITY OF IDAHO CITY, IDAHO, DURING THE PERIOD OF JANUARY 1, 1977 to MARCH 31, 1977 AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO.
SECTION 1. That there is hereby appropriated the sum of FIFTEEN THOUSAND ($15,000.00) DOLLARS to defray salaries and other expenses of the City of Idaho City, Boise, County, Idaho, during the period of January 1, 1977 to March 31, 1977, until the annual appropriation ordinance is approved.
SECTION 2. An emergency existing therefore, which emergency is hereby declared to exist, this ordinance shall be in full force and effect from and after the passage and approval hereof.
PASSED by the Council of the City of Idaho City, Idaho, this 12 day of January, 1977.
APPROVED by the Mayor of the City of Idaho City, Idaho, this 12 day of January, 1977.
APPROVED:
John B. Brogan, Mayor
ATTEST:
Nora A. Phillips, City Clerk
CITY OF IDAHO CITY
ANNUAL APPROPRIATION ORDINANCE NO. 142-A
BE IT ORDAINED BY the Mayor and Council of the City of Idaho City, State of Idaho:
SECTION 1. That there should be and is hereby appropriated the sum of FIFTY-EIGHT THOUSAND FOUR HUNDRED THIRTY-THREE AND 76/100 ($58,433.76) DOLLARS, out of the monies in the Treasury of the City of Idaho City, State of Idaho, for the period from January 1, 1977 to October 1, 1977 for the following purposes:
GENERAL FUND:
Water Department:
Water Master Salary, Labor $ 900.00 Clerk's Salary 1,485.00 Power 1,200.00 Maintenance & Operation 2,250.00 Engineering Assessment 750.00 Reserve Account 4,792.50 $11,377.50
Administration:
Clerk Salary & Extra Help $ 630.00 Office Supplies 262.50 Proffessional Services 1,275.00 Printing & Publishing 525.00 Insurance 900.00 Dues 300.00 Utilities 900.00 Property Repair & Maintenance 450.00 Police Department 3,000.00 Fire Department 750.00 Personnel Benefits 375.00 Miscellaneous 525.00 Capital Outlay 375.00 Capital Projects Fund (F.D.) 562.50 Emergency Reserve 1,125.00 $11,485.00
TOTAL BUDGET GENERAL FUND $22,862.50
STREET FUND
Construction $ 525.00 Street Maintenance 750.00 Snow & Ice Control 300.00 Street Lighting 1,350.00 Street Cleaning 300.00 Personnel Benefits 63.75 Insurance 225.00 Equipment Rental Operator 37.50 Equipment Maintenance 3,000.00 Street Supplies 300.00 Miscellaneous 300.00 Capital Outlay 693.75 Emergency Reserve 2,104.50
TOTAL BUDGET STREET FUND $9,949.50
LAND FUND
Clerk's Salary $ 900.00 Water Installation 8,000.00 Power Installation 6,000.00 Street Construction 3,000.00 Appraisal Fee 1,000.00 Attorney Fee 500.00 Escrow Fee 500.00 Title Insurance 1,700.00 Capital Outlay 1,000.00
TOTAL BUDGET LAND FUND $22,600.00
REVENUE SHARING TRUST FUND
Publishing $ 40.00 Public Safety 2,981.75
TOTAL BUDGET REVENUE SHARING TRUST FUND $ 3,021.76
SECTION 2. This ordinance shall be in force and effect from and after passage, approval and publication.
PASSED by the City Council this 9th day of March 1977.
APPROVED by the Mayor this 9th day of March 1977.
John B. Brogan, Mayor
ATTEST:
Rora A. Phillips, City Clerk
ORDINANCE NO. 141
BY THE COUNCIL: SVANCARA, DIXON, JACKSON and BRITTON
AN ORDINANCE PROVIDING FOR THE STOPPING, STANDING, AND PARKING OF MOTOR VEHICLES ON CITY STREETS; PROHIBITING PARKING IN SPECIFIC PLACES; PROVIDING FOR THE REMOVAL OF ILLEGALLY STOPPED VEHICLES AND PROVIDING A PENALTY THEREFOR, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:
Section 1: Upon any roadway inside of the business or residence district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practical to stop, park, or so leave such vehicle off such part of said roadway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles in both directions of traffic.
Section 2: The above section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.
Section 3: No person shall stop, stand, or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following places:
a. On a sidewalk; b. In front of a public or private driveway; c. Within an intersection; d. On a crosswalk; e. Within twenty feet (20') of a crosswalk at an intersection;
f. Within thirty feet (30') upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway;
g. Within fifty feet (50') of the nearest rail of a railroad crossing;
h. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
i. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
j. At any place where official signs prohibit stopping;
k. At any place where parking of said vehicle will not allow traffic to reasonably pass in both directions.
Section 4: No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.
Section 5: It shall be unlawful for any person to park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten feet (10') of the width of the roadway for the free movement of vehicular traffic, and it shall be unlawful for a person to stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property.
Section 6: The Chief of Police is hereby authorized to erect signs indicating no parking upon either or both sides of any street when such parking would, in his opinion, interfere with traffic or create a hazardous situation.
Section 7: Whenever any police officer finds a vehicle standing upon a street in violation of any of the provisions of this Ordinance, such officer is hereby authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-traveled part
Section 8: Any person who violates any provision of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred Dollars ($100.00).
Section 9: This Ordinance shall be in full force and effect from and after its passage, approval and publication hereof.
PASSED by the Council of the City of Idaho City, Idaho, this 10 day of November, 1976.
APPROVED by the Mayor of the City of Idaho City, Idaho, this 10 day of November, 1976.
APPROVED:
MAYOR
ATTEST:
City Clerk
140 IDAHO CITY, IDAHO
DATE: 9 September 1976
The City Council of the City of Idaho City, Boise County, Idaho, met in regular public session at the regular meeting place of the council in the City Hall in the City of Idaho City, Idaho, at 8:00 o'clock P.M. on September 9, 1976. The roll was called and the following found to be present:
John D. Brogan - Mayor William Britton - Councilman Roger Jackson - Councilman Barbara Jean Dixon - Councilman - Councilman - Councilman
Absent:
Edward Johnson
There was also present Lisa A. Jacobitti, Clerk.
After the meeting had been duly called to order and the minutes of the preceding meeting read and approved, the following ordinance was introduced in written form by William Britton and was read by title. Councilman Roger Jackson moved that the rule requiring the reading of the ordinance three different days be dispensed with and the motion was adopted by a vote of not less than four members of the council, to wit:
Aye: William Britton - Councilman Roger Jackson - Councilman Barbara Jean Dixon - Councilman - Councilman
No: - Councilman - Councilman
The ordinance was thereupon read again by title and was then read in full, after which pursuant to motion made by William Britton and seconded by Roger Jackson the ordinance was adopted by the following vote:
Aye: William Britton , Councilman Roger Jackson , Councilman Barbara Jean Dixon , Councilman , Councilman Nay: none , Councilman , Councilman
The ordinance was thereupon signed by the Mayor in evidence of his approval, was attested by the City Clerk, was ordered recorded, and is as follows:
ORDINANCE NUMBER 140
AN ORDINANCE calling an election for the purpose of submitting to the qualified electors of said city the proposition of the issuance of $75,000.00 General Obligation Waterworks Bond of the City of Idaho City, providing for the issuance of such bonds and the levy of a tax to pay them in the event such bonds are voted at said election.
WHEREAS, the construction of extensions and improvements to the waterworks plant and water supply system of the City of Idaho City, Idaho, is considered by the Mayor and Council to be necessary and essential to the health and well-being of the inhabitants of said city; and
WHEREAS, said city does not have sufficient funds available to meet the cost of the foregoing and has determined it advisable to finance such cost in part through the issuance of the bonds of the City pursuant to the provisions of Sections 50-1019 to 50-1026, inclusive of the Idaho Code, and in order to do so desires to provide for the holding of the election required by said acts.
NOW, THEREFORE, be it ordained by the Mayor and Council of the City of Idaho City, Idaho, ordains as follows:
OFFICIAL BALLOT
SPECIAL BOND ELECTION
CITY OF IDAHO CITY, BOISE COUNTY
STATE OF IDAHO
October 19, 1976
INSTRUCTIONS TO VOTERS: To vote on the following question, place a cross (x) in the square to the right of the words "In favor of issuing bonds to the amount of $75,000.00 for the purpose provided by Ordinance Number 140" or "Against the issuance of bonds to the amount of $75,000.00 for the purpose provided by Ordinance Number 140", according to the way you desire to vote on the question. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you, by mistake or accident, mark, tear, deface, or otherwise mutilate this ballot, return it to the election judges and obtain another ballot.
QUESTION: Shall the City of Idaho City, Idaho, issue and sell its negotiable coupon general obligation bonds to the amount of $75,000.00 for the purpose of constructing extensions and improvements to the waterworks plant and water supply system of said city as more fully provided in Ordinance No. 140 adopted September 9, 1976:
IN FAVOR OF ISSUING BONDS TO THE AMOUNT OF $75,000.00 FOR THE PURPOSE PROVIDED BY ORDINANCE NO. :
AGAINST THE ISSUANCE OF BONDS TO THE AMOUNT OF $75,000.00 FOR THE PURPOSE PROVIDED BY ORDINANCE NO. :
The City Clerk shall, in accordance with the provisions of Section 50-413, Idaho Code, cause to be printed sample ballots which shall be in the same form as the official ballot above set forth except that it shall have printed thereon the words "Sample Ballot", shall be on paper of a different color and shall not be numbered, and which sample ballots shall be furnished to such persons applying therefor to the City Clerk. The City Clerk shall cause said form of sample ballot to be published once a week for two consecutive weeks in The Idaho World, the official newspaper of the City, the last publication to be not less than five days preceding the date of said election.
Section 1: That a special election is hereby called to be held in the City of Idaho City, Idaho, on October 19, 1976, for the purpose of submitting to the qualified electors of said City the proposition set forth in the form of ballot appearing in Section 3 hereof.
Section 2: That the polls at said election shall open at the hour of 12:00 o'clock noon and remain open continuously until the hour of 8:00 o'clock P.M. and then close. Said election shall be held at the voting places specified in the form of notice of election set out in Section 4 hereof.
Section 3: That all persons eighteen (18) years of age or older who at the time of election are qualified electors of the City, properly registered and possessing the qualifications of residents, shall be qualified to vote at said election, and that the ballots to be used at said election shall be in substantially the following form:
Section 4: That notice of said election shall be given by the City Clerk by publication of notice in the official newspaper of the City of Idaho City, being The Idaho World, a newspaper published in Idaho City, Idaho, and having general circulation within the City of Idaho City, once a week on the same date of five consecutive weeks, the first of which publications shall be not less than 30 days prior to the date fixed for the holding of said election. Said notice shall be in substantially the following form:
NOTICE OF SPECIAL BOND ELECTION
Pursuant to the laws of the State of Idaho and Ordinance Number 140 of the City of Idaho City, County of Boise, State of Idaho, notice is hereby given that a special bond election will be held in said city on October 19, 1976, beginning at the hour of 12:00 o'clock noon and closing at the hour of 8:00 o'clock P.M. of said date, for the purpose of taking a vote upon the following question, to wit:
QUESTION: Shall the City of Idaho City, Idaho issue and sell its negotiable coupon general obligation bonds to the amount of $75,000.00 for the purpose of constructing extensions and improvements to the waterworks plant and water supply system of said city, as more fully provided in Ordinance Number 140 adopted September 9, 1976.
Said election shall be held at the following voting places:
PRECINCT NUMBER VOTING PLACE
City Hall
Notice is further given that only qualified electors of said city, eighteen (18) years of age or older, and who are registered as provided by law are entitled to vote at said election. No qualified elector who is duly registered as a voter at the last preceding general municipal election shall be required to register so long as he remains or has remained continuously after such registration, a duly qualified elector of the City of Idaho City, but those electors who have failed or neglected heretofore to vote at any general biennial election in said city or who removed from the city and remained away for a period of one year (provided they shall again have resided in the city as required by law) must re-register.
Lisa A. Jackson, City Clerk, is ex-officio Registrar of said City. The place of registration is the office of said City Clerk in the City Hall in the City of Idaho City.
Persons may register on each day at any time during the office hours of said City Clerk, beginning with the day that the notice of election is given and continuing until and including the Saturday next preceding the election, and on Thursday, Friday and Saturday next preceding the election, persons may register between the hours of 9:00 o'clock A.M. and 5:00 o'clock P.M. and between the hours of 7:00 o'clock P.M. and 9:00 o'clock P.M.
The voting at said election shall be by ballot. The ballot to be supplied the voters for their use at said election shall be in the form set forth in Ordinance No. 140.
If at said election two thirds of the qualified electors voting at such election assent to the issuance of said bonds for the purpose set forth in Ordinance Number 140 and designated on the aforesaid ballot, the bonds of the City will be issued for the above described purpose in the manner provided by the Municipal Bond Law of Idaho, which bonds, or any issue thereof, will mature
annually over a period commencing at the expiration of two years from their date and ending 16 years from their date, will bear interest at a rate or rates not in excess of nine percent (9%) per annum and will be payable and bear interest in accordance with the provisions of Section 50-1026, Idaho Code, and the Municipal Bond Law of Idaho.
Dated at Idaho City, Idaho, this 9th day of September, 1976.
City Clerk
Section 5: That if at said election two-thirds of the qualified electors of the City, eighteen (18) years of age or older voting thereat assent to the issuance of said bonds, the bonds of the City shall be issued as hereinabove provided and shall mature annually over a period commencing at the expiration of two years from their date and ending 16 years from their date, bear interest at the maximum rate or rates set forth in the foregoing notice of election, and shall be payable and bear interest in accordance with the provisions of Section 50-1026, Idaho Code, and the Municipal Bond Law of the State of Idaho.
Section 6: That the following persons are hereby appointed to act as judge and as clerks of said election at each of the following polling places:
POLLING PLACE ELECTION OFFICIALS
City Hall Martina Erickson Mildred Fleck Idaho City, Idaho Judge Committeeman Clerk
Georgio Condrey Edel Lansing Committeeman Committeeman Clerk Clerk
Joseph Cart May Gumm Appointee Pay Comm Constable Clerk
Section 7: That the Mayor and Council shall meet on October 19, 1976, within five days following said election, at the hour of 9:00 o'clock P.M. at the regular meeting place of the Mayor and Council in the City Hall in said city for the purpose of canvassing the results of the election and thereupon the result shall be entered in the minutes of the Clerk and proclaimed as Final.
Section 8: That said bonds shall be issued if carried as aforesaid and payment shall be made through the levy of taxes on all taxable property in the City of Idaho City, beginning with the year 1978 and continuing until principal and interest shall have been fully paid, in such amounts and at such rates as are necessary to assure the prompt payment of such principal and interest, and it is hereby ordered that such taxes shall be levied annually at the time and in the manner the general taxes for said City are hereby authorized and directed to do all things requisite and necessary to carry out the provisions of this section and to apply the proceeds of the taxes so collected to the payment of such principal and interest.
Section 9: That all ordinances or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and that this Ordinance shall be published in one issue of The Idaho World, the official newspaper of said city, and shall take effect and be in full force immediately upon its passage, approval and publication.
Adopted and approved September , 1976.
MAYOR
ATTEST:
City Clerk
(Other business not pertinent to the above appears in the minutes of the meeting).
Pursuant to motion made and carried, the meeting adjourned.
MAYOR
ATTEST:
City Clerk
STATE OF IDAHO )
:ss. County of Boise )
I, CARLYNE REED, do hereby certify That I am the duly qualified and acting Clerk of the City of Idaho City, Boise County, Idaho.
I further certify that the above and foregoing constitutes a true and correct copy of the minutes of a regular public meeting of the City Council of said City held on the 9th day of September, 1976, and of an ordinance adopted at said meeting, and said minutes and ordinance are officially of record in my possession.
IN WITNESS WHEREOF, I have hereunto subscribed by official signature and impressed hereon the seal of said city this day of September, 1976.
City Clerk
ORDINANCE NO. 139
Dixon BY THE COUNCIL: JACKSON, BRITTON, JENSEN and JOHNSON
AN ORDINANCE DECLARING CERTAIN LANDS WITHIN THE CITY OF IDAHO CITY SURPLUS: THAT SAID LANDS AS SET FORTH BE APPRAISED AND SETTING FORTH AN INTENT TO SELL, CONVEY OR EXCHANGE SAID LAND AFTER A PUBLIC HEARING IS HELD BY THE COUNCIL AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:
Section 1: That the following real property belonging to the City of Idaho City, Idaho, is hereby declared as surplus lands:
Commencing at the center of Section 26, T.6N., R.5E., B.M. and runing thence N. 00°08'40" W. 681.70 feet to the Southeast corner of Lot 4, Block 3; thence N. 00°08'40" W. 634.07 feet to the Northeast corner of Lot 1, Block 3; thence N. 89°56'00" W. 1,335.17 feet to the Northwest corner of Lot 6, Block 1; thence S. 27°12'30" W. 174.15 feet; thence S. 42°11'30" W. 275.30 feet; thence S. 18°25'30" W. 96.55 feet to the Southwest corner of Lot 9, Block 1; thence S. 68°13'00" E. 155.16 feet; thence S. 64°39'30" E. 147.31 feet; thence S. 63°29'30" E. 211.25 feet; thence S. 61°00'00" E. 40.94 feet to the Southeast corner of Lot 7, Block 2; thence N. 09°04'30" E. 362.94 feet to the Southwest corner of Lot 3, Block 2; thence S. 80°55'30" E. 375.00 feet to the Southeast corner of Lot 1, Block 2; thence N.09°04'30" E. 150.00 feet to the Northeast corner of Lot 1, Block 2; thence S.80°55'30" E. 125.00 feet; thence S. 09°04'30" W. 335.69 feet; thence S.80°55'30" E. 292.89 feet to the Southeast corner of Lot 4, Block 3 and a point on the line bearing N. 00°08'40"W.
more commonly known as Gold Hills Subdivision, a portion of the Idaho City Townsite in the Southwest quarter of the Northwest quarter of Section 26, Township 6 North, Range 5 East, Boise Meridian, Boise County, Idaho.
Section 2: That said property be appraised by a competent appraiser under terms and conditions provided by the City council.
Section 3: That the City Council desires to sell said property pursuant to the appraisal as obtained to the highest bidder in a sale by public auction - said property shall be sold
at public auction to the highest bidder and no bids shall be accepted by less than the appraised value and the Council may reject any and all bids - and, further, that the City Council may sell said property in lots as it is currently platted and recorded and may sell said property to one or more bidders.
Section 4: That a public hearing shall be had notifying the citizens of Idaho City of said intent to sell on the 13th day of September, 1976, and no sale, conveyance or exchange shall be made of said property prior to November 8, 1976.
Section 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication hereof.
PASSED By the Council of the City of Idaho City, Idaho, this 9th day of September, 1976.
APPROVED By the Mayor of the City of Idaho City, Idaho, this 9th day of September, 1976.
APPROVED:
MAYOR
ATTEST:
City Clerk
ORDINANCE NO. 127
BY THE COUNCIL: JACKSON, BRITTON, JENSEN and JOHNSON
AN ORDINANCE PROMOTING, PRESERVING AND PROTECTING HISTORICAL PROPERTIES AND LANDMARKS BY PROVIDING DEFINITIONS; ESTABLISHING A HISTORIC PRESERVATION COMMISSION; FIXING THE TERMS OF OFFICE OF THE MEMBERS AND THE ORGANIZATION OF SAID COMMISSION; PRE-SCRIBING THE POWERS AND DUTIES OF THE COMMISSION; PROVIDING FUNDS FOR THE COMMISSION; PRESCRIBING THE PROCEDURE FOR ESTA-BLISHING AND DESIGNATING HISTORIC DISTRICTS, HISTORIC PROPERTIES AND HISTORIC LANDMARKS; PROVIDING FOR A CERTIFICATE OF APPRO-PRIATENESS; PROHIBITING CHANGE IN USE EXCEPT UPON COMPLIANCE WITH PROCEDURE PRESCRIBED; PROVIDING FOR PROCEDURE FOR ISSUANCE OF CERTIFICATE AND APPEAL; AUTHORIZING ORDINARY REPAIRS FOR SAFETY; REQUIRING MAINTENANCE AND REPAIR OF BUILDINGS, STRUC-TURES AND LANDMARKS WITHIN A DISTRICT; PRESCRIBING PENALTIES; PROVIDING EXEMPTION FROM BUILDING CODES; AND PROVIDING AN EFFEC-TIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:
Section 1. PURPOSE: The purpose of this Ordinance is to promote the educational, cultural and economic welfare of the City by engaging in a comprehensive program of historic preservation to promote, preserve and protect historic buildings, structures, sites, monuments, streets, squares, and neighborhoods which serve as visible reminders of the historical, archeological, architectural, educational and cultural heritage of the City. It is the further purpose of this Ordinance for the social, economic and environmental advantages of the City to promote the use and conservation of such property, to stabilize and improve property values in historic areas, and to encourage new buildings and developments that will be harmonious with the existing historical, archeological, architectural, educational and cultural buildings, structures, sites, streets, squares and neighborhoods.
Section 2. DEFINITIONS: For the purposes of this Ordinance, the following terms, phrases and words shall have the meaning given herein. The word "shall" is always mandatory and not merely directory.
(a) Commission: Historic Preservation Commission.
(b) Historic or Historical Landmark (whether used interchangeably or synonymously with historic or historical property): Any site (including significant trees or other plant life located thereon), building or structure of particular historic or aesthetic significance to the city, the state or the nation. Landmarks may include, and are hereby defined to include, sites, buildings, or structures where cultural, political, spiritual, economic, social or artistic history of the city, state or nation is reflected or exemplified or which are identified with historic personages or important events in local, state or national history, or which embody the distinguishing characteristics of an architectural specimen inherently valuable for representation of a period, style or method of construction, or a notable work of construction, or a notable work of a master designer or architect whose individual genius influenced his age.
(c) Historic or Historical Property: Any building, structure, area or site that is significant in the history, architecture, archeology or culture of the city, state or nation.
(d) Historical District: Any area which includes or encompasses such historic sites, landmarks, buildings, signs, appurtenances, structures or objects as the Commission may determine to be appropriate for historical preservation. Such designated district or districts need not be a single enclosed area nor do the areas or sites have to be contiguous to constitute a district.
(e) Historic Preservation: The research, protection, restoration and rehabilitation of buildings, structures, landmarks, signs, appurtenances, objects, districts, areas and sites significant in the history, architecture, archeology, education or culture of the city, state or nation.
(f) Exterior Features: The architectural style, general design and general arrangement of the exterior of a building or structure, including the color, the kind and texture of the building material and the type and style of all windows, doors, light fixtures, signs, other appurtenant fixtures and other natural features such as trees and shrubbery.
(g) Exterior Features (outdoor advertising signs): The style, material, size and location of all such signs.
(h) Historic Easement: Any easement, restriction, covenant or condition running with the land designed and designated to preserve, maintain or enhance all or part of the existing state of places of historical, architectural, archeological, educational or cultural significance.
(i) Person: An individual, firm, copartnership, association, corporation or any group or combination thereof acting as a unit.
(j) Person in Charge: The person or persons possessed of the freehold, or a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any person directly or indirectly in control of a historic property or landmark.
Section 3. HISTORIC PRESERVATION COMMISSION: There is hereby created and established a Historic Preservation Commission which shall consist of eight (8) members who shall be appointed by the Mayor with the advice and consent of the Council. Members of the Commission shall be appointed with due regard to the proper representation of such fields as history, architecture, urban planning, archeology and law. Initially three (3) members shall be appointed for a term of one (1) year; three (3) members shall be appointed for a term of two (2) years and two (2) members shall be appointed to a term of three (3) years. Thereafter all appoint
ments shall be made for a term of three (3) years, the members of said Commission being eligible for reappointment. If a vacancy occurs, the Mayor with the consent of the Council shall appoint a member to fill the unexpired term. The members of the Commission shall serve without pay but shall be reimbursed by the City for necessary expenses incurred in connection with their duties.
Section 4. ORGANIZATION; OFFICERS; RULES; MEETINGS: At their first meeting, the appointed Commissioners shall elect officers who shall serve for terms of one year. The Commission may establish any rule necessary for the orderly conduct of its business, and all meetings of the Commission shall be open to the public. The Commission shall keep a record of its resolutions, proceedings and actions.
Section 5. POWERS AND DUTIES OF COMMISSION: The Commission shall be authorized to:
(a) Conduct a survey of local historic properties and landmarks;
(b) Recommend acquisition of the fee and lesser interes in historic properties and landmarks, including adjacent or associated properties and lands, by purchase, bequest or donation;
(c) Preserve, restore, maintain and operate historic properties under the ownership or control of the City;
(d) Recommend the lease, sale, transfer or disposition of historic property subject to rights of public access and upon such terms and conditions that will insure the preservation of the property;
(e) Recommend contracting with the state or federal government, or any agency of either, or with any other person, firm, corporation or organization, to accomplish the purposes of this Ordinance;
(f) Cooperate with the federal, state and local governments in the pursuit of the objectives of historic preservation;
(g) Participate in the conduct of land use, urban renewal and other planning processes undertaken by the county, the city or any other entity;
(h) Recommend ordinances and otherwise provide information for the purposes of historic preservation to the City;
(i) Promote and conduct an educational and interpretive program on historic properties within the jurisdiction of the City; and
(j) Only after having received prior consent of the owner, occupant or person in charge thereof and solely in performance of official duties and only at reasonable times, enter upon private lands for the examination or survey thereof.
Section 6. FUNDING: (a) For the purpose of providing funds for a Historic Preservation Commission, the Council may (1) provide funds from current revenues, (2) receive and expend monies from any other available source or sources, or (3) use any combination of the foregoing.
(b) Funds received for a Historic Preservation Commission may be accumulated from year to year and need not be expended during any one fiscal year, except that unexpended monies appropriated by the Council shall be deemed surplus to be budgeted and appropriated for the subsequent year as provided by law.
Section 7. ESTABLISHMENT OF HISTORIC DISTRICTS: Historic Districts shall be established by ordinance, and no historic district or districts shall be designated until the following requirements are met:
(a) For the establishment of a Historic District, the Commission shall conduct studies, research and investigations of the historical, architectural, archeological, educational and cul-
tural significance of the buildings, structures, features, sites, objects and surroundings included in any such proposed historic district. Thereafter, the Commission shall prepare a report containing recommendations concerning the area or areas to be included in the proposed district or districts.
(b) Copies of the report shall be transmitted for review and recommendation to the Council and within sixty (60) days after the date of transmittal of such report to the Council, the Commission shall fix a date for a public hearing upon such report and notice of the time, place and purpose of such hearing shall be given by one publication in a newspaper of general circulation in the City at least fifteen (15) days prior to such hearing and a written notice of such hearing, postage prepaid, shall be given to the owners of all properties to be included in the district or districts.
(c) After such public hearing, the Commission shall submit a final report with its recommendations and a draft of a proposed ordinance to the City Council:
(d) The City Council shall act upon the report and recommendation in accordance with the provisions of State Statutes.
Section 8. DESIGNATION OF HISTORIC PROPERTY OR HISTORIC LANDMARKS: (a) Upon recommendation of the Commission, the City Council may, after holding a public hearing preceded by the giving of sufficient written notice to the owners and occupants of the affected property in the time and manner required by Section 7 herein, pass an ordinance designating one or more historic properties or landmarks on the following criteria:
(1) Historical, archeological and cultural significance (2) Suitability for preservation or restoration; (3) Educational value; (4) Possibilities for adaptive or alternative use of
(a) the administrative and financial responsibility of any person or organization willing to undertake all or a portion of the cost of acquisition, restoration, maintenance, operation or repair, or the cost of adaptive or alternative use of the property.
(b) In order for any historic property or landmark to be so designated, it must in addition meet the criteria established for the inclusion of the property in the National or State Register of Historic Places. For such designated historic property or landmark, an ordinance shall require the waiting period prescribed by Section 11 hereof be observed prior to its demolition, material alteration, remodeling or removal. Upon passage of the ordinance, the owners and occupants of each designated historic property or landmark shall be given written notification of such designation by the Council, and one (1) copy of the ordinance shall be filed in the office of the Recorder of Boise County, Idaho. The ordinance shall also provide for a suitable sign or marker on or near the property or landmark indicating that the property has been so designated.
Section 9. PROCEDURE FOR DESIGNATION: No ordinance designating a historic property or landmark may be passed until the following procedural steps have been taken:
(a) The Commission shall make an investigation and prepare a report on the historical, architectural, archeological, educational and cultural significance of the property in question including the criteria required by Section 8(a) hereof;
(b) The City Council shall hold a public hearing on the proposed ordinance, after having given written notice to the owners and occupants of the property and the publication of such notice in the time and manner required by Section 7 hereof;
(c) Following such public hearing, the Council may act on the ordinance;
(d) Upon passage of the ordinance, the owners and occupants of each designated historic property or landmark shall be
one copy of the ordinance shall be filed in the office of the County Recorder of Boise County, Idaho;
(e) The Commission shall give notice of such designation to the tax assessor of Boise County, Idaho.
Section 10. CERTIFICATE OF APPROPRIATENESS: After the designation of a historic district, no exterior portion of any building or other structure (including walls, fences, light fixtures, steps and pavement or other appurtenant features), above ground utility structure or any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished within such district until after an application for a Certificate of Appropriateness as to the exterior features has been submitted to and approved by the Commission. For the purpose of constructing or altering any building or structure, a utility structure or any type of outdoor advertising sign, the Commission shall issue a certificate prior to the issuance of a building permit, but a certificate will be required whether or not a building permit is required. The Commission shall not consider interior arrangement and shall take no action under this section except for the purpose of preventing the construction, reconstruction, alteration or restoration, moving or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs or natural features in the historic district which would be incongruous with the historical, architectural, archeological, educational or cultural aspects of the district.
Section 11. CHANGE AND USE: ALTERATION OF PROPERTY OR LANDMARK: (a) No change in the use in any building, structure, appurtenant fixtures, outdoor signs or natural features, or any landmark, within a designated historic district shall be permitted until after an application for a Certificate of Appropriateness has been submitted to and approved by the Commission. Prior to any
change of zoning classification within a historic district, the Commission shall be authorized to issue a Certificate of Appropriateness.
(b) A historic property or landmark designated by Ordinance as herein provided may be demolished, materially altered, remodeled, relocated or put to a different use only after one hundred eighty (180) days written notice of the owner's proposed action has been given to the Commission. During this period, the Commission may negotiate with the owner or any other person interested in an effort to find a means of preserving the property. During said period, or at any time prrior thereto following the notice of designation to the owner as provided in Section 9 hereof, and where such action is reasonably necessary or appropriate for the continued preservation of the property or landmark, the Commission may enter into negotiations with the owner, subject to consent and approval of the Council, for the acquisition by gift, purchase or exchange of the property or any interest therein. The Commission shall have the discretionary authority to:
(1) Reduce the waiting period required by this Section in any case where the owner would suffer extreme hardship, not including loss of profit, unless a reduction in the required period were allowed; and
(2) Waive all or any portion of the required waiting period provided the alteration, remodeling, relocation or change of use is undertaken subject to conditions agreed to by the Commission insuring the continued maintenance of the historical, architectural, archeological, educational, or cultural integrity and character of the property.
Section 12. CERTIFICATE OF PROCEDURE: NOTICE: APPEAL. Prior to issuance or denial of a Certificate of Appropriateness, the Commission shall take such action as may reasonably be required to inform the owners of any property likely to be materially
affected by the application, and give the applicant and such owners an opportunity to be heard. In cases where the Commission deems it necessary, it may hold a public hearing concerning the application. If the Commission determines the proposed constructions, reconstruction, alteration, moving or demolition is appropriate, it shall forthwith approve such application and shall issue to the applicant a Certificate of Appropriateness. If the Commission determines that a Certificate of Appropriateness should not be issued, it shall place upon its records the reason for such determination and shall forthwith notify the applicant of such determination, furnishing him an attested copy of its reasons therefore and its recommendations, if any, as appearing in the records of said Commission. The Commission may approve such application in any case where the owner would suffer extreme hardship, not including loss of profit, unless the Certificate of Appropriateness were issued forthwith. Any applicant aggrieved by a determination of the Commission may appeal to the Council of the City, and an appeal from the Council may be taken to a court of competent jurisdiction.
Section 13. ORDINARY REPAIRS; PUBLIC SAFETY. Nothing in this Ordinance shall be construed to prevent the ordinary maintenance or repair of any exterior features of any historic property or landmark which does not involve a change in design, material, color or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration or demolition of any such feature of a building or landmark when the building inspector or similar official shall certify is required for the public safety because of an unsafe or dangerous condition.
Section 14. ACQUISITION OF PROPERTY: All lands, buildings, structures, sites or areas acquired by funds appropriated by the City, as provided in Section 1 above, shall be acquired in the
name of the City and such historic properties or landmarks shall be maintained by or under the supervision and control of the City.
Section 15. ACQUISITION OF HISTORIC EASEMENTS: The City may acquire, by purchase or donation, historic easements in any area within the jurisdiction of the City wherever and to the extent the Council determines that the acquisition will be in the public interest.
Section 16. MAINTENANCE AND REPAIR REQUIRED: Neither the owner of nor the person in charge of a building, structure, area or site within a historic district or of a designated landmark shall permit such building, structure, area or site, or landmark to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the Commission, a detrimental effect upon the character of the district as a whole or the life and character of a building, structure or landmark in question, including but not limited to:
(a) The deterioration of exterior walls or other vertical supports;
(b) The deterioration of roofs or other horizontal members;
(c) The deterioration of exterior chimneys;
(d) The deterioration or crumbling of exterior plaster or mortar;
(e) The ineffective waterproofing of exterior walls, roofs and foundations including broken windows or doors; and
(f) The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.
Section 17. EXEMPTION FROM HEALTH OR BUILDING CODES: The Council, in order to promote the preservation and restoration of any historic properties or landmarks, may exempt a historic property or landmark from the application of the City Building Codes as the Council, upon recommendation of the Commission, shall determine would otherwise prevent or seriously hinder the preservation or restoration of said historic property or landmark.
Section 18. PENALTIES: (a) Any person who violates any provision of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment in the City jail for ninety (90) days, or by both such fine and imprisonment.
(b) Any person who files with the Commission an application or request for a Certificate of appropriateness who wilfully makes any false statement in such application or request, or who, upon demand, wilfully furnishes false information to the Commission shall be guilty of a misdemeanor and shall be punished by a fine of not more than three hundred dollars ($300.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment;
(c) For the purpose of this Ordinance, each day during which there exists any violation of any provision herein will constitute a separate violation.
Section 19. This Ordinance shall be in full force and effect from and after its passage, approval and publication hereof.
PASSED by the Council of the City of Idaho City, Idaho, this 9th day of June, 1976.
APPROVED by the Mayor of the City of Idaho City, Idaho, this 9th day of June, 1976.
ORDINANCE NO. 137
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 1-29, AS AMENDED BY ORDINANCE NO. 120, AS AMENDED BY ORDINANCE NO. 125, AS AMENDED BY ORDINANCE NO. 127, AS AMENDED BY ORDINANCE NO. 135, PROVIDING FOR AMENDED RATES, CHARGES AND FEES FOR SERVICES RENDERED BY THE MUNICIPAL WATER SYSTEM OF IDAHO CITY ON A MONTHLY BASIS; PROVIDING FOR A CONNECTION FEE TO THE MUNICIPAL WATER SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:
Section 1: That Section 1 of Ordinance No. 1-29 as amended by Ordinance No. 120, as amended by Ordinance No. 125, as amended by Ordinance No. 127, as amended by Ordinance No. 135, be, and the same is hereby amended so that Section 1 of said Ordinance No. 1-29, as amended by Ordinances No. 120, 125, 127, and 135 shall read as follows:
"Section 1. It is hereby determined and declared to be necessary and conductive to and for the protection of the health, safety and welfare of the inhabitants and the public of Idaho City, and for the purpose of providing an equitable distribution of the costs and expenses of maintenance, operation, upkeep and repair of the municipal water system of Idaho City, that a system of monthly service charges, rates and fees be established for the use of and services rendered by said water system and facilities.
Therefore, in addition to being a personal obligation, the rates, charges, fees and penalties provided by this Ordinance are hereby levied and assessed against each lot, parcel of land, building or the property (including trailer houses) connected to, or using, the municipal water system of Idaho City.
The following monthly water rates, charge or fee is hereby established in the amount of not less than $3.25 $6.90 per month for any single dwelling residence; general business, public offices, churches and lodges, $3.75 $6.90 per month; restaurant or bar $4.25 $8.90; Restaurant and Bar combination $4.25 $13.90 per month, with a minimum rate for vaccant residences and buildings of $1.50 $2.50 per month; laundromat $20.00 18.90 per month; motel, hotel, and boarding houses $3.45 per unit, without kitchen units, vaccant trailer space no charge, overnight trailer spaces $3.45 per unit per month if occupied at all; school house $28.90 per month; forrest service $118.90 per month, it being understood that other residences or businesses outside the city limits will be 20% above comparable rates for inside city limits, and associations will have to be appraised by the City Council to establish applicable rates and said council shall meet with the business, agency, or resident being rated, charged with said water rate or fee to approve the appraisement and assessment and establish the rate, charges or fee, levied and a assessed against such property. The rates outside the City will be 20% above rates for those inside the City provided that the hookup is allowed by the City Council.
All applications for new water services connections must be made in writing by the owner or occupant of the premises to be served, on a form provided by the City for that purpose. Where the City has in place water distribution lines of sufficient size and adjacent to the applicant's premises to furnish the service desired, the City shall install at the applicant's expense, together with a connection fee of $100.00 $150.00 and thereafter maintain at City expense, a service connection of proper size to the applicant. The property owner or occupant shall pay one-half of the excavation costs and shut-off valves to be placed on the City property.
Except as otherwise provided by these rules and regulations and rates, the City will refuse (a) to install a service connection of a larger size than in its opinion is adequate to properly serve the premises; (b) to install a service connection which, in its opinion, will work an undue hardship on the City or its existing consumers; (c) to connect a service connection to a consumer's plumbing where the depth of his service line is less than necessary to prevent freezing under normal conditions; (d) to connect to any service, main or other appurtenance that in its opinion does not conform to good engineering design, or meet the standard specifications of the City; (e) to accept an application for a service connection if it requires an extension of the City's mains, unless said mains can be to the City's specifications with the owner or occupant paying the costs of installation plus the cost of a one inch line. Any larger line than a one inch main will be paid for by the City; (f) no service from the municipal water system will be rendered to any applicant outside the corporate limits of said City of Idaho City until, in the judgement of the City Council, those requiring service within the corporate limits have been properly served and there is available water supply for outside users, and then only under the following conditions: The applicant must submit his application for service to the City Council of Idaho City and secure its approval and then the applicant himself must install, or pay the cost of installing, the service connection in compliance with the rules and regulations and under the supervision of a City engineer, and title to the right of way, pipeline, and other connections must be properly conveyed to the City all under such special rate for service and maintenance charge and possible ultimate refund because of other services rendered through the same line, or for the same reason as may be mutually agreed upon between such outside water user and the City Council prior to the rendering of such service."
Section 2: This Ordinance shall be in full force and effect on April 1, 1976.
PASSED by the Council of the City of Idaho City, Idaho this 12th day of March, 1976.
APPROVED by the Mayor of the City of Idaho City, Idaho, this 12th day of May, 1976.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
ORDINANCE NO. 136
AN ORDINANCE PROVIDING FOR AN EMERGENCY APPROPRIATION OF FUNDS DUE TO A CASUALTY LOSS AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO,
Section 1. It is hereby determined and declared to be an emergency pursuant to Idaho Code 50-1006 for repair work done to the City Water System caused by casualty and the City of Idaho City is hereby authorized to pay in excess of their 1975 budget for said casualty loss the amount of $427.36 and is hereby authorized to pay said sum to repairman.
Section 2. That an emergency existing therefore, which emergency is hereby declared to exist, this Ordinance shall take effect and be in full force and effect from and after its passage and approval.
PASSED by the Council of the City of Idaho City, Idaho, this 23 day of March, 1976.
APPROVED by the Mayor of the City of Idaho City, Idaho, this 23 day of March, 1976.
APPROVED:
John B. Brogan
MAYOR
ATTEST:
Lisa Ann Jackson City Clerk
ORDINANCE NO. 135
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 1-29, AS AMENDED BY ORDINANCE NO. 120, AS AMENDED BY ORDINANCE NO. 125, AS AMENDED BY ORDINANCE NO. 127, PROVIDING FOR AMENDED RATES, CHARGES AND FEES FOR SERVICES RENDERED BY THE MUNICIPAL WATER SYSTEM OF IDAHO CITY ON A MONTHLY BASIS; PROVIDING FOR A CONNECTION FEE TO THE MUNICIPAL WATER SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:
Section 1: That Section 1 of Ordinance No. 1-29 as amended by Ordinance No. 120, as amended by Ordinance No. 125, as amended by Ordinance No. 127, be, and the same is hereby amended so that Section 1 of said Ordinance No. 1-29, as amended by Ordinances No. 120, 125 and 127 shall read as follows:
"Section 1. It is hereby determined and declared to be necessary and conducive to and for the protection of the health, safety and welfare of the inhabitants and the public of Idaho City, and for the purpose of providing an equitable distribution of the costs and expenses of maintenance, operation, upkeep and repair of the municipal water system of Idaho City, that a system of monthly service charges, rates and fees be established for the use of and services rendered by said water system and facilities.
Therefore, in addition to being a personal obligation, the rates, charges, fees and penalties provided by this Ordinance are hereby levied and assessed against each lot, parcel of land, building or the property (including trailer houses) connected to, or using, the municipal water system of Idaho City.
The following monthly water rates, charge or fee is hereby established in the amount of not less than $3.25 $10.00 per month for any single dwelling residence; general business, public offices, churches and lodges, $3.75 $12.00 per month; restaurant, bar or restaurant and bar combination, $4.25 $15.00 per month, with a minimum rate for vacant residences and buildings of $1.50 $2.50 per month; laundromat $20.00 per month; motel, hotel and boarding houses, 1 to five units, $12.00 per month, without kitchen utilities; 6 to 10 units, $20.00 per month; 11 to 15 units, $30.00 per month; 16 to 20 units, $40.00 per month; 21 to 25 units, $50.00 per month; vacant trailer space, 50 cents per month; overnight trailer spaces, 1 to 5 units, $2.00 per month; 6 to 10 units, $3.00 per month; 11 to 15 units, $4.00 per month; school house, $30.00 per month, forest service $120.00 per month, it being understood that other businesses and associations will have to be appraised by the City Council to establish applicable rates and
said Council shall meet with the business or agency being rated, charged with said water rate or fee to approve the apprisement and assessment and establish the rate, charges or fee, levied and assessed against such property. The rates for businesses outside the city will be 20% above corporate rates for those inside the city provided that the hookup is allowed by the city council.
All applications for new water services connections must be made in writing by the owner or occupant of the premises to be served, on a form provided by the City for that purpose. Where the City has in place water distribution mains of sufficient size and adjacent to the applicant's premises to furnish the service desired, the City shall install at the applicant's expense, together with a connection fee of $100.00 $150.00 and thereafter maintain at city expense, a service connection of proper size to the applicant. The property owner or occupant shall pay one-half of the excavation costs and shut-off valves to be placed on the City property.
Except as otherwise provided by these rules and regulations and rates, the City will refuse (a) to install a service connection of a larger size than in its opinion is adequate to properly serve the premises; (b) to install a service connection which, in its opinion, will work an undue hardship on the City or its existing consumers; (c) to connect a service connection to a customer's plumbing where the depth of his service line is less than necessary to prevent freezing under normal conditions; (d) to connect to any service, main or other appurtenance that in its opinion does not conform to good engineering design, or meet the standard specifications of the City; (e) to accept an application for a service connection if it requires an extension of the City's mains, unless said mains can be to the City's specifications with the owner or occupant paying the cost of installation plus the cost of a one inch line. Any larger line than a one inch main will be paid for by the City; (f) no service from the municipal water system will be rendered to any applicant outside the corporate limits of said City of Idaho City until, in the judgment of the City Council, those requiring service within the corporate limits have been properly served and there is available water supply for outside users, and then only under the following conditions: The applicant must submit his application for service to the City Council of Idaho City and secure its approval and then the applicant himself must install, or pay the cost of installing, the service connection in compliance with the rules and regulations and under the supervision of a City engineer, and title to the right of way, pipeline, and other connections must be properly conveyed to the City all under such special rate for service and maintenance charge and possible ultimate refund because of other services rendered through the same line, or for the same reason as may be mutually agreed upon between such outside water user and the City
Section 2: This Ordinance shall be in full force and effect on April 1, 1976.
PASSED by the Council of the City of Idaho City, Idaho, this 23 day of March, 1976.
APPROVED by the Mayor of the City of Idaho City, Idaho, this 23 day of March, 1976.
APPROVED:
John B. Bogan
MAYOR
ATTEST:
LieoAnn Jackson City Clerk
CITY OF IDAHO CITY
ANNUAL APPROPRIATION ORDINANCE NO. 134-A
BE IT ORDAINED BY the Mayor and Council of the City of Idaho City, State of Idaho:
SECTION 1. That there should be and is hereby appropriated the sum of FORTY THREE THOUSAND SIX HUNDRED FOUR AND NO/100, ($43,604.00) DOLLARS, out of the monies in the Treasury of the City of Idaho City, State of Idaho, for the period from January 1, 1976, to January 1, 1977, for the following purposes:
GENERAL FUND:
WATER DEPARTMENT:
Water Master Salary, Labor $ 1,200.00 Clerk Salary 2,520.00 Maintenance & Operation 3,000.00 Power 1,400.00 Engineering Assessment 1,800.00 Reserve Account 1975 & 1976 6,390.00 $16,310.00
ADMINISTRATION:
Clerk Salary & Extra Help $ 840.00 Office Supplies 300.00 Insurance 750.00 Proffessional Services 1,700.00 Printing & Publishing 600.00 Property Repairs & Maintenance 500.00 Utilities 1,000.00 Dues 400.00 Personnel Benefits 420.00 Police Department 2,500.00 Fire Department 1,000.00 Capital Projects Fund (F.D.) 750.00 Miscellaneous 300.00 Capital Outlay 500.00 Emergency Reserve 1,500.00 $13,060.00
TOTAL BUDGET GENERAL FUND $29,370.00
STREET FUND:
Construction $ 700.00 Street Maintenance 1,000.00 Snow & Ice Control 400.00 Equipment Maintenance 4,000.00 Street Supplies 400.00 Street Lighting 1,600.00 Street Cleaning 360.00 Insurance 250.00 Equipment Rental Operator 50.00 Miscellaneous 50.00 Personnel Benefits 85.00 Capital Outlay 925.00 Emergency Reserve 2,806.00
TOTAL BUDGET STREET FUND $12,626.00
REVENUE SHARING TRUST FUND:
Publishing $ 40.00 Public Safety 1,476.00 Personnel Benefits 92.00
TOTAL BUDGET REVENUE SHARING TRUST FUND $ 1,608.00
SECTION 2. This ordinance shall be in force and effect from and after passage, approval and publication.
PASSED by the City Council this 23 day of March 1976.
APPROVED by the Mayor this 23 day of March 1976.
ATTEST:
John B. Brogan, MAYOR
Lisa Ann Jackson, City Clerk
ORDINANCE NO. 134
AN ORDINANCE TERMED THE INTERIM APPROPRIATION ORDINANCE TO PROVIDE FUNDS FOR THE PAYMENT OF SALARIES AND OTHER CURRENT EXPENSES INCURRED BY THE CITY OF IDAHO CITY, IDAHO, DURING THE PERIOD OF JANUARY 1, 1976 TO MARCH 31, 1976 AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO.
Section 1. That there is hereby appropriated the sum of FIVE THOUSAND ($5,000.00) DOLLARS to defray salaries and other expenses of the City of Idaho City, Boise County, Idaho, during the period of January 1, 1976 to March 31, 1976 until the annual appropriation ordinance is approved.
SECTION 2. An emergency existing therefore, which emergency is hereby declared to exist, this ordinance shall be in full force and effect from and after the passage and approval hereof.
PASSED by the Council of the City of Idaho City, Idaho, this 16 day of January, 1976.
APPROVED by the Mayor of the City of Idaho City, Idaho, this 16 day of January, 1976.
APPROVED:
Mayor
ATTEST:
City Clerk