Ordinances 163 through 174
SUMMARY OF ORDINANCE NO. 174
(A) Idaho City, Idaho
(B) Ordinance No. 174
(C) AN ORDINANCE REPEALING ORDINANCE NUMBER 42 AND REENACTING A NEW ORDINANCE PROHIBITING THE USE OF LOUD SPEAKERS OR OTHER SOUND AMPLIFICATION DEVICES BETWEEN CERTAIN HOURS WHEN THE USE OF SUCH SPEAKER OR DEVICE WOULD CREATE A NUISANCE OR DISTRIACTION; DECLARING THE VIOLATION OF SAID ORDINANCE TO BE A MISDEMEANOR; PROVIDING FOR AN EFFECTIVE DATE.
(D) This Ordinance prohibits excessive noise through the use of loud speakers, setting a distance standard and declaring any violation of the ordinance to be a misdemeanor as defined under state law. The effective date of this ordinance is upon the completion of publication.
(E) The full text of said ordinance is available at the Idaho City Hall.
ATTORNEY'S STATEMENT
HUGH MOSSMAN, City Attorney of Idaho City, hereby certifies that the above summary is true and complete and provides adequate notice to the public under the guidelines of Section 50-901 A, Idaho Code.
DATED this 13 day of January, 1984.
HUGH MOSSMAN
ORDINANCE NUMBER 174
AN ORDINANCE REPEALING ORDINANCE NUMBER 42 AND REENACTING A NEW ORDINANCE PROHIBITING THE USE OF LOUD SPEAKERS OR OTHER SOUND AMPLIFICATION DEVICES BETWEEN CERTAIN HOURS WHEN THE USE OF SUCH SPEAKER OR DEVICE WOULD CREATE A NUISANCE OR DISTRACTION; DECLARING THE VIOLATION OF SAID ORDINANCE TO BE A MISDEMEANOR; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:
SECTION 1. It shall be unlawful for any person to use or allow the use of a loud speaker or sound amplification device between the hours of 10:00 p.m. and 7:00 a.m. such that the noise emitted from said speaker or device creates a nuisance or distraction to the residents or inhabitants of Idaho City. Any such noise that is heard by the unaided human ear at a distance of 60 feet from the noise source, or 60 feet from an enclosed structure containing such noise source, shall be prima facia evidence that such noise is a nuisance or distraction within the meaning of this Section. Any person who owns, manages, supervises, or operates a business establishment during the time a voilation of this Section occurs upon the premises of said establishment shall be presumed to have used or allowed the use of a speaker or device within the meaning of this section.
SECTION 2. A violation of this Ordinance is declared to be a misdemeanor within the meaning of the laws of the State of
Idaho, and is punishable by such fine and/or inprisonment as is provided for under the laws of the State of Idaho.
SECTION 3. This Ordinance whall be in full force and effect from the date of its passage, approval and publication.
Passed by the Board of Trustees of Idaho City, Idaho, this 10th day of January, 1984.
APPROVED:
MAYOR
Attest:
CLERK
Published:
CITY OF IDAHO CITY
ANNUAL APPROPRIATION ORDINANCE NO. 173
BE IT ORDAINED BY the Mayor and City Council of the City of Idaho City, Boise County, State of Idaho:
SECTION I. That there should be and is hereby appropriated the sum of TWO HUNDRED EIGHTY-FIVE THOUSAND SEVEN HUNDRED SIXTY-ONE DOLLARS ($285,761.00) out of the monies in the Treasury of the City of Idaho City, Boise County, State of Idaho, for the period of October 1, 1983 to September 30, 1984, for the following purposes:
GENERAL FUND:
Administration: Salaries-Clerk & Deputy Clerk $6,200.00 Personnel Benefits 1,168.00 Office Supplies 140.00 Professional Service 350.00 Legal Publishing 150.00 Dues 130.00 Insurance 940.00 Telephones 550.00 Heat, lights 2,000.00 Property Repair & Maintenance 400.00 Miscellanous 150.00 Elections 500.00 Legal Attorney Fees 3,600.00 Planning & Zoning 50.00 Animal Control 100.00 Emergency Reserve Account 3,900.00 $20,328.00
Law Enforcement: Salaries & Personnel Benefits $2,160.00 Insurance 3,802.00 Telephone/Communications 88.00 Motor Fuels/Oil 300.00 Auto Repair 300.00 Miscellanous 55.00 $ 6,705.00
Fire Department: Salaries & Personnel Benefits $ 693.00 Insurance 640.00 Motor Fuels 200.00 $ 1,533.00
5% Non-Property Tax Fund: Law Enforcement $5,040.00 $ 5,040.00
Street Fund Transfer $ 3,553.00
TOTAL GENERAL FUND BUDGET $37,159.00
STREET FUND:
Professional Services $ 200.00 Street Maintenance/Repair 600.00 Snow & Ice Control 1,000.00 Sidewalks 200.00 Street Lighting 3,125.00 Street Cleaning 150.00 Motor Fuels 1,500.00 Insurance 750.00 Equipment Maintenance/Repair 2,541.00 Personnel Benefits 200.00 Miscellanous 250.00 Emergency Reserve Account 3,000.00
TOTAL STREET FUND BUDGET $13,516.00
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WATER FUND:
Salaries-Watermaster $1,200.00 Clerk & Deputy Clerk 2,000.00 Personnel Benefits 492.00 Professional Services 1,400.00 Insurance 650.00 Local Transportation 200.00 Source of Supply 1,000.00 Pumping 4,500.00 Water Treatment 500.00 Transmission & Distribution 1,000.00 Customer Accounts 400.00 Publishing 30.00 Miscellanous 100.00 Capital Outlay 500.00 Bond Principle Payment 2,000.00 Bond Interest Payment 4,500.00 Bond Restricted Reserve 700.00 Emergency Reserve Account 3,900.00
TOTAL WATER FUND BUDGET $25,072.00
SEWER FUND:
Salaries-Clerk & Deputy Clerk $2,000.00 Personnel Benefits 400.00 Professional Services 1,400.00 Insurance 500.00 Local Transportation 150.00 Collection & Transmission 2,000.00 Treatment Plant 2,000.00 Customer Accounts 300.00 Publishing 50.00 Miscellanous 289.00 Capital Outlay 1,000.00 Bond Principle Payment 2,000.00 Bond Interest Payment 4,050.00 Restricted Bond Reserve 700.00 Emergency Reserve Account 1,885.00 Federal/State Grants 140,500.00 Improvement Project 48,000.00
TOTAL SEWER FUND BUDGET $207,224.00
REVENUE SHARING TRUST FUND:
Legal Publishing $ 40.00 Professional Services 200.00 Street Cleaning 266.00 Health & Public Safety 340.00 General Public Buildings 1,626.00 Fire Protection 318.00
TOTAL REVENUE SHARING TRUST FUND $ 2,790.00
TOTAL BUDGET FISCAL YEAR 1983/84 $285,761.00
SECTION II. This ordinance shall be in full force and effect from and after passage, approval, and publication.
PASSED BY the Council this 6th day of September 1983.
APPROVED BY the Mayor this 6th day of September 1983.
John B. Brogan, Mayor
ATTEST:
Rora A. Phillips, City Clerk
FY 1983/84 EXPECTED REVENUES
GENERAL FUND
Taxes: Real & Personal $12,573.00 State Sales Tax 280.00 Amusement Licenses 600.00 Business Licenses 200.00 Beer Licenses 700.00 Liquor Licenses 680.00 Wine Licenses 400.00 Animal Licenses 500.00 Animal Boarding 100.00 State Liquor Fund 1,754.00 Court Revenue 700.00 Interest Earnings 100.00 Other 430.00 Land Fund 8,781.00 5% Non-Property Tax Fund 5,040.00 Insurance 421.00 Cash carryover 3,900.00 $37,159.00
STREET FUND
Highway Users Fund $ 6,332.00 Interest Earnings 360.00 Due from Other Funds 3,824.00 Cash carryover 3,000.00 $13,516.00
WATER FUND
User Fees $13,332.00 Bond Principle Payment 2,000.00 Bond Interest Payment 4,500.00 Bond Restricted Reserve 700.00 Hook-up Fees 900.00 Interest on Investments 420.00 Insurance 220.00 Cash carryover 3,000.00 $25,072.00
SEWER FUND
User Fees $ 9,654.00 Bond Principle Payment 2,000.00 Bond Interest Payment 4,050.00 Bond Reserve-Restricted 700.00 Hook-up Fees 600.00 Interest on Investments 1,500.00 Federal Grants 140,500.00 City Matching Funds 48,000.00 Insurance 220.00 $207,224.00
REVENUE SHARING TRUST FUND
Cash carryover $ 707.00 Regular Funds-Federal Gov't 2,083.00 $2,790.00
TOTAL ALL REVENUES $285,761.00
ORDINANCE NO. 172
AN ORDINANCE AMENDING ORDINANCE 169 TO PROVIDE NEW FEE SCHEDULES FOR BEER AND WINE RETAIL SALES LICENSES, DECLARING AN EMERGENCY, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, BOISE COUNTY, STATE OF IDAHO:
Section 1. That Ordinance No. 169, Section 2 be amended to read as follows:
"BE IT ORDAINED: That a fee of One Hundred Dollars ($100.00) be exacted from the persons conducting a retailed bottled and draft beer business within the corporate limits of Idaho City, Boise County, Idaho, license issued in accordance with Chapter 132, 1935 Regular Session Laws, and Ordinance No. 51-A. Such license year shall be from 12:01 A.M., January 1 thru December 31, provided, however, should a license be issued for less than a full calendar year, the license fee shall be prorated in accordance with the actual months of issuance.
Section 2. That Ordinance 169, Section 3 be amended to read as follows:
Section 3. LICENSE FEE: The license fee imposed and collected shall be the sum of Seventy-five Dollars ($75.00) per year. Such license year shall be from 12:01 A.M., January 1 thru December 31, provided, however, should a license be issued for less than a full calendar year, the license fee shall be prorated in accordance with the actual months of issuance.
Section 3. All other Sections and provisions of Ordinance 169 shall remain in full force and effect.
Section 4. The Mayor and Council declare an emergency situation, and suspend the reading of this ordinance three different days; thus, this Ordinance shall be effective upon passage and approval.
PASSED by the Council of Idaho City, Idaho, this 20th day of December, 1982.
APPROVED by the Mayor of Idaho City, Idaho, this 20th day of December, 1982.
APPROVED:
ATTEST:
John B. Berg Mayor
Rosa A. Phillips City Clerk
CITY OF IDAHO CITY
ANNUAL APPROPRIATION ORDINANCE NO. 171
BE IT ORDAINED BY the Mayor and City Council of the City of Idaho City, Boise County, State of Idaho:
SECTION I. That there should be and is hereby appropriated the sum of THREE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED FIFTY-SEVEN DOLLARS ($326,157.00) out of the monies in the Treasury of the City of Idaho City, Boise County, State of Idaho, for the period October 1, 1982 to September 30, 1983 for the following purposes:
GENERAL FUND:
Administration: Salaries-Mayor & Council $ 240.00 Salaries-Clerk & Deputy Clerk 3,334.00 Personnel Benefits 577.00 Office Supplies 39.00 Professional Services 198.00 Legal Publishing 214.00 Dues 130.00 Insurance 895.00 Telephone 449.00 Heat, Lights 1,977.00 Elections 230.00 Dog Control 376.00 Planning & Zoning 23.00 Attorney Fees 2,200.00 $11,462.00
Law Enforcement: Salaries-Chief of Police & Deputy $16,800.00 Personnel Benefits 2,029.00 Special Supplies 200.00 Insurance 1,165.00 Telephone & Communications 1,316.00 Motor Fuels & Oils 780.00 Repair & Maintenance Auto 240.00 $22,530.00
Fire Department: Salaries $ 720.00 Personnel Benefits 48.00 Insurance 652.00 Motor Fuels 226.00 Special Supplies 580.00 $ 2,226.00
5% Non-Property Tax Fund: Law Enforcement-salaries $ 7,200.00 personnel benefits 483.00 insurance 204.00 Administration-salaries 1,666.00 personnel benefits 288.00 $ 9,841.00
TOTAL BUDGET GENERAL FUND $45,479.00
STREET FUND:
Professional Services $ 200.00 Street Maintenance 800.00 Snow & Ice Control 2,000.00 Sidewalks 200.00 Street Lighting 3,000.00 Street Cleaning 450.00 Motor Fuels 800.00 Insurance 714.00 Equipment Maintenance 2,000.00 Personnel Benefits 268.00 Capital Outlay 500.00 Emergency Reserve Account 8,228.00
TOTAL STREET FUND BUDGET $19,160.00
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WATER FUND:
Salaries-Watermaster & extra labor $ 2,980.00 Salaries-Clerk & Deputy Clerk 5,000.00 Personnel Benefits 1,065.00 Professional Services 2,400.00 Insurance 661.00 Local Transportation 660.00 Source of Supply 2,000.00 Pumping 3,535.00 Water Treatment 535.00 Transmission & Distribution 2,500.00 Customer Accounts 400.00 Capital Outlay 1,000.00 Bond Principle Payment 2,000.00 Bond Interest Payment 4,600.00 Restricted Bond Reserve 3,780.00 Emergency Reserve Account 2,755.00
TOTAL BUDGET WATER FUND
$35,871.00
SEWER FUND:
Salaries-Clerk & Deputy Clerk $ 5,000.00 Personnel Benefits 865.00 Professional Services 2,400.00 Insurance 482.00 Local Transportation 442.00 Collection & Transmission 2,000.00 Treatment Plant 2,000.00 Customer Accounts 400.00 Capital Outlay 500.00 Bond Principle Payment 2,000.00 Bond Interest Payment 4,150.00 Improvement Project-Grants/City 188,500.00 Restricted Bond Reserve 9,890.00 Emergency Reserve Account 1,000.00
TOTAL BUDGET SEWER FUND
$219,629.00
REVENUE SHARING TRUST FUND:
Legal Publishing $ 50.00 Professional Services 259.00 Health & Public Safety 2,064.00 General Public Buildings 2,014.00 Fire Protection 881.00 Police & Corrections 750.00
TOTAL BUDGET REVENUE SHARING TRUST FUND
$ 6,018.00
TOTAL BUDGET FISCAL YEAR 1982/83
$326,157.00
SECTION II. This ordinance shall be in full force and effect from and after passage, approval, and publication.
PASSED BY the Council this 8th day of September, 1982.
APPROVED BY the Mayor this 8th day of September, 1982.
John B. Brogan, Mayor Raymond Robison Presiding Mayor
Attest:
Rora A. Phillips, City Clerk
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ESTIMATED REVENUES FY 1982/83
GENERAL FUND:
Real, Personal Property Taxes $ 11,974.00 State Sales Tax 2,241.00 Amusement Licenses 500.00 Business Licenses 200.00 Beer Licenses 1,400.00 Liquor Licenses 675.00 Wine Licenses 600.00 Animal Licenses 430.00 Animal Boarding 300.00 State Liquor Fund 4,277.00 Court Revenue 2,000.00 Interest Earnings 500.00 Other 100.00 Land Fund 8,782.00 5% Non-Property Tax 9,500.00 Cash Carryover 2,000.00
TOTAL GENERAL FUND REVENUES $45,479.00
STREET FUND:
Highway Users $ 5,560.00 Interest on Investments 1,200.00 Due from Other Funds 1,200.00 Cash Carryover 11,200.00
TOTAL STREET FUND REVENUES $19,160.00
WATER FUND:
Water user fees $ 13,297.00 Hook-up fees 900.00 Interest on Investments 550.00 Cash for Bond Payment 2,000.00 Cash for Interest Payment 4,600.00 Cash Carryover 10,744.00 Restricted Bond Reserve 3,780.00
TOTAL WATER FUND REVENUES $35,871.00
SEWER FUND:
Sewer user fees $ 10,010.00 Hook-up fees 600.00 Interest on Investments 3,000.00 Federal Grant-Improvement Project 160,225.00 City Matching Funds 28,275.00 Cash for Bond Payment 2,000.00 Cash for Interest Payment 4,150.00 Cash Carryover 1,479.00 Restricted Bond Reserve 9,890.00
TOTAL SEWER FUND REVENUES $219,629.00
REVENUE SHARING TRUST FUND:
82/83 Allocation $ 2,083.00 Cash Carryover 3,935.00
TOTAL REVENUE SHARING TRUST FUND REVENUES $ 6,018.00
TOTAL ESTIMATED REVENUES FY 1982/83 $326,157.00
Ordinance No. 170
AN ORDINANCE AMENDING IDAHO CITY ORDINANCE NO. 154 BY PROVIDING A NEW SECTION CONCERNING PENALTIES FOR NON-CONNECTION TO THE SEWER SYSTEM AND PROVIDING AN EFFECTIVE DATE FOR THE AMENDMENT.
BE IT ORDAINDED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:
Section I. That Idaho City Ordinance No. 154 is hereby amended by the addition of the new section, designated as Section 21 which shall read as follows:
Section 21. In addition to any other sanctions or remedies contained in this ordinance, it shall be unlawful for any person to inhabit or use any building in violation of Section 17 of this ordinance; and any person violating such section shall be guilty of a misdemeanor, punishable by a fine of $300.00 or imprisonment in jail for 6 months or by both such fine and imprisonment.
Section II. This ordinance shall be in full force and effect 30 days from the date of it's passage, with publication of same.
Passed by the Council of the City of Idaho City, Idaho this 8th day of June, 1982.
Approved by the Mayor of the City of Idaho City, Idaho this 8th day of June, 1982.
Approved:
Mayor, Idaho City
Attest:
Clerk
ORDINANCE NO. 161
AN ORDINANCE REPEALING ORDINANCE 117 AND AMENDING ORDINANCES 51-A, and 115 TO PROVIDE NEW FEE SCHEDULES FOR BEER AND WINE RETAIL SALES LICENSES AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:
Section 1. That Ordinance No. 117 is hereby repealed.
Section 2. Ordinance 51-A is amended to read as follows:
"BE IT ORDAINED: That a fee of Two Hundred Dollars ($200.00) be exacted from the persons conducting a retailed bottled and draft beer business within the corporate limits of Idaho City, Boise County, Idaho, license issued in accordance with Chapter 132, 1935 regular session laws, and Ordinance No. 51-A."
Section 3. That Ordinance 115, Section 5 is amended as follows:
Section 5. LICENSE FEE: The license fee imposed and collected shall be the sum of Two Hundred Dollars ($200.00) per year. Such license year shall be from 12:01 A.M. January 1 thru December 31, provided, however, should a license be issued for less than a full calendar year, the license fee shall be prorated in accordance with the actual months of issuance.
Section 4. All other Sections and provisions of Ordinances 51-A and 115 shall remain in full force and effect.
Section 5. This ordinance shall be effective upon passage, approval, and publication.
PASSED by the Council of Idaho City, Idaho, this 9th day of February, 1982.
APPROVED by the Mayor of Idaho City, Idaho, this 9th day of February, 1982.
APPROVED:
Mayor
ATTEST:
City Clerk
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ORDINANCE NO. 168
AN ORDINANCE PROVIDING FOR THE LICENSING OF OCCUPATIONS AND BUSINESSES WITHIN IDAHO CITY, IDAHO, IN ACCORDANCE WITH AND PURSUANT TO §50-307, IDAHO CODE; PROVIDING DEFINITIONS; REQUIRING A BUSINESS LICENSE; PROVIDING A LICENSE FEE, THE ADMINISTRATION QUALIFICATIONS, APPLICATION OF LICENSE, APPROVAL AND REVOCATION OF LICENSES; THE SEVERABILITY OF THE SECTIONS OF THIS ORDINANCE; PROVIDING FOR PENALTIES AND FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:
SECTION 1. DEFINITIONS: The following terms as used in this act are hereby defined as follows:
1. BUSINESS: means the retail or wholesale provision of goods, e.g. retail grocery store, second hand stores, on-premises food (restaurants), etc.
2. BUSINESS LICENSE: means license as provided by §50-307, Idaho Code and this Ordinance, to carry on a business or occupation within the City of Idaho City. A general business license shall not be required of those businesses who sell beer, wine, and liquor and are required by law to have permits or licenses to sell beer, wine, and liquor.
3. OCCUPATION: means the provision of service for profit, e.g. including but not limited to practicing law, practicing medicine, barbers, beauticians, taxidermy, printing, newspapers, motels, hotels, saloons, etc. Governmental organizations, Federal, State, County or local, shall be exempt for purposes of this ordinance.
4. PERSON: means an individual, firm, partnership, association, corporation, or any group or combination acting as a unit, and includes the plural as well as the singular unless the intent to give a more limited meaning is disclosed by the context in which it is used.
5. PLACE OF BUSINESS: means any building, office, store, home, or other structure wherein a business or occupation is conducted on two (2) or more days of any calendar month.
amended by # 181
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SECTION 2. LICENSE REQUIRED: It shall be unlawful for any person to engage in any business or occupation from any place of business located within the City of Idaho City without first obtaining a business license for the City of Idaho City.
SECTION 3. LICENSE APPLICATION AND FEE: Application for a business license shall be in writing, on a form approved by the Clerk of the City of Idaho City, signed and sworn by the applicant. Application shall be filed with the City Clerk who shall tentatively issue a license upon payment of a fee of $10.00. The City Clerk shall present the application and proof of fee payment to the Mayor and Council at the next regularly scheduled meeting for final approval by the Mayor and Council.
SECTION 4. QUALIFICATIONS: All applicants for business licenses must first have received all licenses and permits required be Federal, State or local law for the conduct of business or occupation to be conducted and must present proof of same to the Clerk, e.g. an attorney applicant must show proof of active membership in the Idaho State Bar. A bar operator must have a State and local beer, wine and liquor license but shall not be required to also have a general business license.
SECTION 5. LICENSE FEE
1. Subject to Council approval, the license issued by the Clerk shall be for the remainder of the calendar year in which the license is first issued, subject to revocation as provided below.
2. During December of each year, licensee shall submit a renewal application to the Clerk upon a form provided by the Clerk, for licenses for the next calendar year. Renewal license fee shall be $10.00.
3. The initial license issued to licensee pursuant to this Ordinance shall be for the period from date of issuance to December 31, 1982, and fee for same shall be $10.00.
SECTION 6. REVOCATION OF LICENSE: The right shall be and remain at all times vested in the Mayor and Council, and the Mayor and Council may, as hereinafter provided, revoke or cancel any license for fraud or misrepresentation in its procurement, or for a violation of any of the provisions of this Ordinance, or for any conduct or act of the licensee or his employees or any
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Ordinance #168
conduct or act permitted by him or them on the premises where such business is conducted, or in connection therewith or adjacent thereto, tending to render such business or such premises where same is conducted a public nuisance or a menace to the health peace, safety or general welfare of the City; provided, that revocation or suspension of any state license shall be deemed prima facie evidence for revocation or suspension of the license issued herein.
SECTION 7. PENALTY: Any person who violates any of the provisions of this act or fails to comply with any of the terms and conditions of this act shall be guilty of a misdemeanor.
SECTION 8. SEVERABILITY: The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
SECTION 9. This Ordinance shall be in effect 30 days from the date of passage and upon publication in a local newspaper.
PASSED By the Council: January 12th 1982.
APPROVED By the Mayor: January 12th 1982.
John B. Bogan Mayor, City of Idaho City
ATTEST:
Vera A. Phillips City Clerk
ORDINANCE NO. 167
AN ORDINANCE AMENDING IDAHO CITY ORDINANCE NO 161, SECTION I, CONCERNING REGULAR MEETINGS OF THE IDAHO CITY COUNCIL: PROVIDING AN EFFECTIVE DATE FOR THIS AMENDMENT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:
SECTION 1. That Section I of Idaho City Ordinance No. 161 is amended as follows:
REGULAR MEETINGS: The Mayor and Council shall meet in regular session at the City Hall in Idaho City on the second and fourth Tuesdays of each month, said meetings to commence at the hour of 7:00 o'clock P.M. Mountain Standard Time (at 8:00 P.M. Mountain Daylight Time during months when Daylights Savings Time is in effect). During such regular sessions, the Mayor and Council may consider any and all business of the City of Idaho City, whether regularly agended or entertained from the floor.
SECTION 2. This ordinance is hereby declared to be in full force and effect upon passage and approval by the Mayor and City Council.
PASSED BY THE COUNCIL this 8th day of September 1981.
APPROVED BY THE MAYOR this 8th day of September 1981.
John B. Brogan, Mayor
Attest:
Rora A. Phillips, City Clerk
CITY OF IDAHO CITY
ANNUAL APPROPRIATION ORDINANCE NO. 166
BE IT ORDAINED BY the Mayor and City Council of the City of Idaho City, Boise County, State of Idaho:
SECTION 1. That there should be and is hereby appropriated the sum of THREE HUNDRED THIRTY THOUSAND NINE HUNDRED FIFTY DOLLARS ($330,950.00) out of the monies in the Treasury of the City of Idaho City, Boise County, State of Idaho, for the period from October 1, 1981 to September 30, 1982 for the following purposes:
GENERAL FUND:
Administration: Salaries $ 1,200.00 Clerk Salary & extra help 1,080.00 Personnel Benefits 160.00 Office Supplies 300.00 Professional Services 800.00 Legal Publishing 800.00 Insurance 2,071.00 Travel & Meetings 250.00 Dues & Subscriptions 150.00 Telephone 320.00 Heat, lights 2,000.00 Local Transportation 150.00 Miscellanous 100.00 Capital Outlay 1,766.00 Elections 250.00 Legal Attorney Fees 6,600.00 Building & Structures 1,500.00 Dog Control 630.00 Planning & Zoning 250.00 Emergency Reserve Account 2,500.00 $22,877.00
Law Enforcement: Salaries: Chief of Police $13,200.00 Deputy 5,040.00 Personnel Benefits 2,054.00 Office Supplies 225.00 Operation & Special Supplies 600.00 Motor Fuels 1,100.00 Insurance 1,033.00 Telephone & Communications 1,430.00 Repair & Maintenance Auto 1,000.00 Miscellanous 150.00 Capital Outlay 500.00 $26,332.00
Fire Department: Salaries $ 720.00 Personnel Benefits 48.00 Operations & Special Supplies 150.00 Motor Fuels 150.00 Insurance 408.00 Repair & Maintenance Equipment 550.00 Miscellanous 50.00 Capital Outlay 1,000.00 Emergency Reserve Account 1,500.00 $ 4,576.00
5% Non-Property Tax Fund Law Enforcement-Salaries $ 7,200.00 Insurance 800.00 Administration 600.00 $ 8,600.00
Land Fund Salary: Clerk $ 1,320.00 Professional Services 1,000.00 Insurance 533.00 Miscellanous 429.00 Capital Outlay 2,500.00 Emergency Reserve Account 10,000.00 $15,782.00
TOTAL BUDGET GENERAL FUND $78,167.00
Motor Fuels $ 800.00 Insurance 350.00 Equipment Rental Operator 100.00 Equipment Maintenance 2,000.00 Miscellanous 300.00 Street Maintenance 500.00 Snow & Ice Control 2,365.00 Street Lighting 2,300.00 Street Cleaning 585.00 Street Construction 500.00 Personnel Benefits 210.00 Capital Outlay 500.00 Emergency Reserve Account 9,500.00
TOTAL BUDGET STREET FUND $20,010.00
SEWER FUND:
Salaries: Clerk, Deputy Clerk $10,600.00 Personnel Benefits 1,067.00 Payroll Taxes 3,288.00 Professional Services 1,600.00 Insurance 575.00 Office Supplies 300.00 Customer Accounts 200.00 Repair & Maintenance 3,500.00 Operation & Special Supplies 2,500.00 Improvement Project 12,000.00 Sewer Bond Payment 6,000.00 Grants: State & Federal 120,000.00 Emergency Reserve Account 27,028.00
TOTAL BUDGET SEWER FUND $188,658.00
WATER FUND:
Salary: Watermaster & extra labor $ 3,220.00 Clerk 3,000.00 Personnel Benefits 1,316.00 Payroll Taxes 354.00 Office Supplies 300.00 Insurance 290.00 Local Transportation 810.00 Miscellanous 200.00 Pumping (electricity) 2,500.00 Treatment 1,200.00 Transmission/Distribution 3,000.00 Customer Accounts 200.00 Capital Outlay 1,000.00 Water Bond Payment 7,000.00 Emergency Reserve Account 13,779.00
TOTAL BUDGET WATER FUND $38,169.00
REVENUE SHARING TRUST FUND:
Legal Publishing $ 595.00 Health & Public Safety 1,806.00 Police & Corrections 1,638.00 Fire Protection 600.00 General Public Buildings 1,307.00
TOTAL BUDGET REVENUE SHARING TRUST FUND $ 5,946.00
TOTAL BUDGET FISCAL YEAR 1981/82 $330,950.00
SECTION 2. This ordinance shall be in full force and effect from and after passage, approval and publication.
PASSED BY the Council this 8th day of September 1981.
APPROVED BY the Mayor this 8th day of September 1981.
John B. Brogan Mayor. Attest:
Rora A. Phillips, City Clerk
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ESTIMATED REVENUES FY 1981/82
GENERAL FUND:
Real, Personal Property Taxes $ 11,403.00 Payroll Taxes Whld 8,094.00 State Sales Tax 2,241.00 Amusement Licenses 550.00 Business Licenses 250.00 Beer Licenses 1,100.00 Liquor Licenses 675.00 Wine Licenses 40.00 Animal Licenses 63.00 State Liquor Fund-State 55.00 -County 1,286.00 Court Revenues 3,000.00 Interest Earnings 1,000.00 Other 200.00 Land Fund Payments 17,282.00 5% Non-Property Tax Fund 8,600.00 Cash Carryover 20,892.00
TOTAL REVENUE GENERAL FUND $ 78,167.00
STREET FUND:
Highway Users Fund $ 3,500.00 Interest Earnings 800.00 Transfer from Land Fund 1,500.00 Transfer from 5% Non-Property Tax Fund 1,000.00 Payroll Taxes Whld 210.00 Cash Carryover 13,000.00
TOTAL REVENUE STREET FUND $ 20,010.00
SEWER FUND:
Revenues $ 10,524.00 Hook-Up Fees 1,200.00 Interest Earnings 800.00 Bond 6,000.00 Payroll Taxes Whld 3,288.00 Grants: State & Federal 120,000.00 Cash Carryover 46,846.00
TOTAL REVENUE SEWER FUND $188,658.00
WATER FUND:
Revenues $ 13,400.00 Hook-up Fees 1,800.00 Interest Earnings 500.00 Bond 7,000.00 Payroll Taxes Whld 354.00 Cash Carryover 15,115.00
TOTAL REVENUE WATER FUND $ 38,169.00
REVENUE SHARING TRUST FUND:
Regular Funds $ 2,945.00 Cash Carryover 3,001.00
TOTAL REVENUE REVENUE SHARING TRUST FUND $ 5,946.00
TOTAL ESTIMATED REVENUE FY 1981/82 $330,950.00
ORDINANCE NO. 165
AN ORDINANCE AMENDING IDAHO CITY ORDINANCE NO. 160 BY REPEALING SECTION 3 THEREOF AND PROVIDING FOR A NEW SECTION 3, CONCERNING WATER RATES: PROVIDING AN EFFECTIVE DATE FOR THIS ADMENDMENT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:
Section I. That Section 3 of Idaho City Ordinance No. 160 is hereby repealed.
Section II. That Idaho City Ordinance No. 160 is hereby amended by the addition of a new Section 3 which shall read as follows:
Section 3. The following monthly water rates, charges or fees are hereby established in the amount of not less than $7.00 per month for each single dwelling residence; churches and lodges $7.00 per month, each; resturants or bars $10.50 per month, each; resturant or bar combination $17.50 per month, each; vacant residences or buildings $2.50 per month, per lot, dwelling or building; laundromats $3.50 per washer in each such laundromat per month; hotels and boarding houses (less than 30 day occupancy) $3.50 per unit without kitchens; apartments and hotel and boarding house units with kitchens $7.00 per month, per unit; overnight camper or trailer spaces (less than 30 day occupancy), whether occupied or not $3.50 per space, per month, mobile homes and mobile home parks $7.00 per month, per unit (30 days or more occupancy); schools $32.00 per month; forest service $118.90 per month. All businesses, associations or categories not expressly covered above will be billed by the City Clerk in the category most closely relating thereto as determined by the Clerk. Persons who disagree with the Clerks determination may, within 30 days of the 1st billing by the Clerk, appeal such determination to the City Council. Rates for businesses users outside of the City shall be 20% above the rates for those within the City, provided the hookup is allowed at all by the City Council.
Section III. This ordinance shall be in full force and effect on the 1st day of August, 1981. September
Passed by the Council of the City of Idaho City, Idaho, this 14th day of July, 1981.
Approved by the Mayor of Idaho City, Idaho, this 14th day of July, 1981.
Approved John B. Burgan Mayor, Idaho City
Attest Dora O. Phillips Clerk
ORDINANCE NO. 163
AN ORDINANCE PROHIBITING CROSS-CONNECTIONS TO WATER SUPPLY SYSTEMS OF THE CITY OF IDAHO CITY; DECLARING SUCH CROSS-CONNECTIONS TO BE A NUISANCE AND PROVIDING FOR THE ABATEMENT THEREOF; PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR EFFECTIVE DATE OF THIS ORDINANCE
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 protect the public health of water consumers by the control of actual and/or potential cross-connections.
SECTION 2. DEFINITIONS. Whenever used in this Ordinance, unless the context otherwise indicated, the term:
(1) "Backflow" shall mean the flow of nonpotable water, liquids, gases, or other foreign substances into the pipes of a potable water system from any source or sources.
(2) "Backflow Prevention Device" shall mean a device to counteract back pressure or prevent back siphonage.
(3) "City" shall mean the City of Idaho City, Idaho or its authorized agent.
(4) "Contaminant" shall mean any physical, chemical, biological, radiological substance or matter in water.
(5) "Contamination" shall mean the entry into or presence in a Public Water Supply of any substance which may be deleterious to health and/or quality of the water.
(6) "Cross-Connection" shall mean any actual or potential connection or structural arrangement between a public or a consumer's potable water system and any other source or system through which it is possible to introduce into any part of the potable system used water, industrial fluid, gas or substances other than the intended potable water with which the system is supplied. Bypass arrangements jumper connections, removable sections, swivel or changeover devices and other temporary or permanent devices through which or because of which "backflow" can or may occure are cross-connections.
(7) "Consumer" shall mean any person served by a Public Water System.
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(8) "Department" shall mean the Idaho State Department of Health and Welfare or an authorized representative of the Department of Health and Welfare.
(9) "Director" shall mean the Director of the Department of Health and Welfare or his designee.
(10) "Health Officer" shall mean the Idaho Department of Health and Welfare's regional health officer, or other authorized agent of the Department.
(11) "Public Water Supply" shall mean any system or water supply including all mains, pipes, and structures through which water is obtained and distributed, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water to the general public for human consumption or general domestic use.
(12) "Water and Sewer Superintendent" shall mean a duly appointed person as designated by the City of Idaho City or his designated agent.
SECTION 3. CROSS-CONNECTIONS. No water service connection to any premises shall be installed or continued in use by the City unless the water supply is protected by backflow prevention devices as may be required by this Ordinance and Section 1-8306 of the Idaho Regulations for Public Drinking Water. The installation or maintenance of a cross-connection which will endanger the water quality of the potable water supply of the City of Idaho City shall be unlawful and is prohibited. Any such cross-connection now existing or hereafter installed is hereby declared to be a public nuisance and the same shall be abated. The control or elimination of cross-connections shall be in accordance with this Ordinance and Section 1-8306 of the Idaho Regulations for Public Drinking Water, together with the latest addition of appropriate manuals of standard practice pertaining to cross-connection
ORDINANCE NO. 163 Page 2 of 7
control approved by the Department. The City shall have the authority to establish requirements more stringent than state regulations if they deem that the conditions so dictate. The City shall adopt rules and regulations as necessary to carry out the provisions of this Ordinance.
SECTION 4. USE OF BACKFLOW PREVENTION DEVICES.
(1) Backflow prevention devices shall be installed on any premises at the point on the premises where the consumer connects to the Public Water Supply System or within any premises where, in the judgement of the City, the nature and extent of the activities, or the materials stored on the premises, would present an immediate and dangerous hazard to health and/or deleterious to the quality of the water should a cross-connection occur; even though such cross-connection does not exist at the time the backflow prevention devices shall be installed under circumstances including but not limited to the following:
(a) Premises having an auxiliary water supply, unless the quality of the auxiliary supply is in compliance with State of Idaho Title 1, Chapter 8, Idaho Regulations for Public Drinking Water and is acceptable to the City.
(b) Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist.
(c) Premises having internal cross-connections that are not correctible, or intricate plumbing arrangements which make it impracticable to ascertain whether or not cross-connection exist.
(d) Premises having a repeated history of cross-connections being established or re-established.
(e) Premises, on which any contaminant is handled under pressure so as to permit entry into the Public Water Supply, or where a cross-connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters.
ORDINANCE NO. 163 Page 3 of 7
(f) Premises where materials of a toxic or hazardous nature are handled in such a way that if back siphonage should occure, a serious health hazard might result.
(g) The following types of facilities will fall into one of the above categories where a backflow prevention device is required to protect the Public Water Supply. A backflow prevention device shall be installed at these facilities unless the City and Department determine that no hazard exists:
(i) Sewage treatment plants;
(ii) Chemical or other industrial plants;
(iii) Agricultural chemical storage, formulations and distribution facilities;
(iv) Petroleum storage facilities;
(v) Mortuaries;
(vi) Hospitals;
(vii) Piers and docks;
(viii) Laboratories;
(ix) Food processing plants;
(x) Tank truck fill stations;
(xi) Car Washes;
(xii) Other facilities specified by the Director or the City.
(2) The type of protective device required shall depend on the degree of hazard which exists:
(a) In cases where testing and repair of mechanical devices is not possible an air gap separation shall be required.
(b) An air gap separation or reduced pressure principle backflow prevention device shall be required where the water system may be contaminated with sewage or other hazardous or toxic substances which may have an effect on the health of the consumer.
(c) A double check valvue assembly, an air gap separation, or a reduced pressure principle backflow prevention device shall be installed where the water system may be contaminated with a substance which may be aesthetically objectionable but not hazardous to the health of the consumer.
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(3) Backflow prevention devices required by this Ordinance shall be installed at the meter, at the property line of the premises when meters are not used, or at a location designated by the City. The deives shall be located so as to be readily accessible for mainenance and testing, and furthermore, where no part of the device will be submerged.
(4) Backflow prevention devices required by this Ordinance shall be installed under the supervision of, and with the approval of, the Water and Sewer Superintendent or his disgnee.
(5) Any protective device required by the Ordinance shall be a model approved by the Director. A double check valve assembly or a reduced pressure principal backflow prevention device will be approved if it has successfully passed performance tests of the University of Southern California Engineering Center or other testing laboratories satisfactory to the City and the Director. These devices shall be furnished and installed by and at the expense of the customer.
(6) Backflow prevention devices installed pursuant to this Ordinance shall be inspected and tested periodically. Inspection and testing intervals shall be in conformance with time periods specified in the City Cross-Connection and Backflow prevention program. Inspections, tests and maintenance of backflow prevention devices shall be at the customer's expense. Whenever the devices are found to be defective, they shall be repaired or replaced at the customer's expense. Inspections, tests, repairs and records thereof shall be accomplished under the City's supervision.
(7) Failure of a customer to cooperate in the installation, maintenance, testing or inspection of backflow prevention devices required by this Ordinance and Section 1-8306 of the Idaho Regulations for Public Drinking Water, shall be grounds for the termination of water service to the premises, or, in the alternative the installation of an air-gap separation or other device at the customer's expense..
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SECTION 6. INSTALLATION PERMITS. If cross-connection control device(s) are found to be necessary, the owner of the property servied must apply to the City for a specific installation permit.
SECTION 7. ADDITIONAL REMEDIES. In the event an improper cross-connection is not corrected within the time limit set by the City, or in the event the City is refused access to any property for the purpose of determining whether or not cross-connections exist; delivery of water to the property shall cease until the deficiency is corrected to the City's statisfaction. In addition, the City may effect the necessary repairs or modifications at the expense of the property owner and refuse delivery of water to the property until the costs thereof shall have been paid.
SECTION 8. VIOLATIONS AND PENALTIES. Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any of the provisions of this Ordinance or the rules and regulations as adopted by the City to carry out the provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall for each offense be punished by a fine in any sum not exceeding THREE HUNDRED AND NO/100 DOLLARS ($300.00) or imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment.
SECTION 9. SEVERABILITY. If any one or more sections, sub-sections or sentence of this Ordinance are for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance and the same shall remain in full force and effect.
SECTION 10. This Ordinance shall take effect and be in force thirty (30) days from and after its passage.
PASSED by the Council this 12th day of November, 1980.
APPROVED by the Mayor this 12th day of November, 1980.
John B. Grogan
MAYOR
ORDINANCE NO. 163 Page 6 of 7
ATTEST:
Rena A. Phillips City Clerk
November 12, 1980 Date
APPROVED AT TO FORM:
original signed City Attorney by B.R. Cushman
Date
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