Ordinance No. 116-133

ORDINANCE NO. 133

AN ORDINANCE PROHIBITING PARKING IN CITY STREETS DURING CERTAIN HOURS, AUTHORIZING ENFORCEMENT AND PROVIDING PENALTY, AND RESCINDING ORDINANCE #101.

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 park any vehicle upon city streets during the hours of 1:00 a.m. and 6:00 a.m., November 15 to March 15.

Section 2. Council hereby authorizes snow plow operators to issue citations and/or impoundment of vehicles to violators of this ordinance.

Section 3. Any person convicted of a violation of this ordinance shall be punished by a fine not to exceed $25.00 or imprisonment in the City or County jail not more than five (5) days, or both such fine and imprisonment, such violator being responsible for impoundment fees.

Section 4. This ordinance shall be in full force and effect upon the signing, approval and publication of the same.

PASSED by the Council of Idaho City, Idaho, this 13th day of January, 1976.

APPROVED by the Mayor of the City of Idaho City, this 13th day of January, 1976.

APPROVED:

Mayor

ATTEST:

City Clerk

IDAHO CITY, IDAHO

Date: October 20, 1975

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 October 20, 1975. The roll was called and the following found to be present:

John B. Brogan , Mayor Patrick O'Leary , Councilman Martin Nelson , Councilman William Britton , Councilman , Councilman

Absent:

Roger Jackson ,

,

There was also present Carlyne Reed, 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 William Way and was read by title. Councilman O'Leary moved that the rule requiring the reading of the ordinance three (3) different days be dispensed with and the motion was adopted by the vote of not less than three (3) members of the council, to wit:

Aye: Patrick O'Leary , Councilman Martin Nelson , Councilman William Britton , Councilman , Councilman

Nay: none

The ordinance was thereupon read again by title and was then read in full, after which pursuant to motion made by Patrick O'Leary and seconded by William Britton the ordinance was adopted by the following vote:

Aye: Patrick O'Leary , Councilman

Martin Nelson , Councilman

William Britton , Councilman

, Councilman

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 132

AN ORDINANCE calling an election for the purpose of submitting to the qualified electors of said city the proposition of the issuance of $150,000.00 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 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 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 act;

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 election is hereby called to be held in the City of Idaho City, Idaho, on November 25, 1975, 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 the 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:

OFFICIAL BALLOT

SPECIAL BOND ELECTION

CITY OF IDAHO CITY, BOISE BOUNTY

STATE OF IDAHO

November 25, 1975

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 $150,000.00 for the purpose provided by Ordinance Number 132 " or "Against the issuance of bonds to the amount of $150,000.00," 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 $150,000.00 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. 132 , adopted October 20, 1975:

IN FAVOR OF ISSUING BONDS TO THE AMOUNT OF $150,000.00 FOR THE PURPOSE PROVIDED BY ORDINANCE NO. 132

AGAINST THE ISSUANCE OF BONDS TO THE AMOUNT OF $150,000 FOR THE PURPOSE PROVIDED BY ORDINANCE NO. 132

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 (5) days preceding the date of said election.

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 (5) successive 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 BOND ELECTION

Pursuant to the laws of the State of Idaho and Ordinance Number 132 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 November 25, 1975, 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 $150,000.00 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 132 adopted October 20, 1975.

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.

Carlyne Reed, 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 hour 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 Number 132.

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 132 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

(2) years from their date and ending sixteen (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 20th day of October, 1975.

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 (2) years from their date and ending sixteen (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:

VOTING PLACE ELECTION OFFICIALS

City Hall Idaho City, Idaho Edna Shippy Estal Lansing Judge Clerk

May Gumm Mildred Fleck Clerk Clerk

Marie Marks Georgia Condray Constable Clerk

Section 7: That the Mayor and Council shall meet on November 25, 1975, 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 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.

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 October 20, 1975.

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

ORDINANCE NO. 131

ORDINANCE AMENDING ORDINANCE NO. 1-8 OF THE ORDINANCES OF IDAHO CITY, IDAHO, PROHIBITING HAVING OR CARRYING AN OPEN ALCOHOLIC BEVERAGE CONTAINER ON THE STREETS, ALLEYS OR SIDEWALKS OF IDAHO CITY, AND PROHIBITING DRINKING OF INTOXICATING LIQUORS ON THE STREETS, ALLEYS OR SIDEWALKS OF IDAHO CITY, IDAHO.

BE IT ORDAINED BY THE CHAIRMAN OF THE BOARD OF TRUSTEES OF IDAHO CITY, IDAHO:

Section 1. That Section 1 of Ordinance No. 1-8 be amended to read as follows:

No person or persons, all being upon the streets or alleys or sidewalks of Idaho City, Idaho, shall have or carry an open alcoholic beverage container or drink intoxicating liquors or beverages thereon.

Section 2. That this Ordinance shall be in force and effect from the date of its passage, approval and publication.

PASSED by the Council of the City of Idaho City, Idaho, this 15th day of July, 1975.

APPROVED by the Mayor of the City of Idaho City, Idaho, this 15th day of July, 1975.

APPROVED:

John B. Brogan Mayor

ATTEST:

City Clerk

CITY OF IDAHO CITY

ANNUAL APPROPRIATION ORDINANCE NO. 130-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 total sum of TWENTY ONE THOUSAND, EIGHT HUNDRED NINETY AND No/100 ($21,890.00) DOLLARS, out of the monies in the Treasury of the City of Idaho City, State of Idaho, for the period from January 1, 1975, to January 1, 1976, for the following purposes:

GENERAL FUND:

WATER DEPARTMENT:

Water Master Salary $ 1200.00 Labor-Water Department 200.00 Repairs and Supplies 900.00 Power - Pumps 1100.00 Water Engineering Assess. 1287.00 $ 4687.00

ADMINISTRATION:

Clerk Salary $ 2220.00 Extra Clerical Help 100.00 Office Supplies 250.00 Bonds & Insurance 750.00 Legal Fees, Costs 650.00 Audit 465.00 Printing, Publishing 500.00 City Repairs, Gas, Oil 500.00 General Utilities 1000.00 Police Department 1000.00 Fire Department 1000.00 Election - 1975 150.00 Dues 300.00 Miscellaneous 70.00 Payroll Taxes 280.00 Capital Outlay 600.00 Emergency Reserve 783.00 $ 10618.00

Total Budget General Fund $ 15305.00

STREET FUND:

Construction $ 200.00 Street Maintenance-Labor 600.00 Snow Removal 400.00 Equip. Maintenance, Repairs 800.00 Supplies, Gas, Oil 375.00 Street Lighting 1380.00 Street Cleaning 180.00 Insurance 250.00 Equipment Rental Operator 50.00 Miscellaneous 50.00 Payroll Taxes 75.00 Capital Outlay 925.00 Emergency Reserve 1300.00

Total Budget Street Fund $ 6585.00

SECTION 2. This ordinance shall be in force and effect from and after its passage, approval and publication.

PASSED by the City Council this 12th day of March 1975.

APPROVED by the Mayor this 12th day of March 1975.

ATTEST:

John B. Brogan, Mayor

Carlyne S. Reed, City Clerk

ORDINANCE NO. 130

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, 1975 to MARCH 31, 1975 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, 1975 to March 31, 1975 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 fourteenth day of January, 1975.

APPROVED by the Mayor of the City of Idaho City, Idaho, this fourteenth day of January, 1975.

APPROVED:

ATTEST:

CITY CLERK

MAYOR

ORDINANCE NO. 129

AN ORDINANCE REPEALING ORDINANCE NO. 1-41 OF IDAHO CITY, REQUIRING OWNERS OR PERSONS HAVING CUSTODY OR HARBORING MORE THAN THREE (3) MONTHS OLD WITHIN THE CORPORATE LIMITS OF IDAHO CITY, TO, ON OR BEFORE THE FIRST CALENDAR DAY OF EACH YEAR, PAY FOR AND SECURE A LICENSE FOR SUCH DOG, TO BE ATTACHED TO A COLLAR AND WORN BY SAID DOG SO LICENSED; PROVIDING FOR A KENNEL LICENSE; WITH SPECIAL PROVISIONS RELATING TO VICIOUS DOGS, ABANDONED DOGS; DECLARING VIOLATION HEREOF AS A MIS-DEMEANOR 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. 1-41 of the Idaho City Code, be and the same hereby is, repealed.

Section 2: Licenses Required: It shall be unlawful for any person to own, harbor, keep or possess a dog more than three (3) months old within the City without first procuring a license therefor as provided by this Ordinance; provided, however, that the provisions of this Chapter shall not apply to any person visiting the City for a period not exceeding fifteen (15) days and owning or possessing a dog currently licensed, and bearing the license issued by another municipality, or other licensing authority.

Section 3: Licenses; Application; Fees: All dog licenses shall be by the calendar year and expire as of December 31st of the year in which issued. The owner or person having in charge any dog within the City shall make application to the City Clerk and pay a license fee in the sum of $3.00 for each and every male dog, and the sum of $5.00 for each and every female dog, and $3.00 for each spayed female dog; provided, that the owner thereof shall present to and file with the Clerk at the time of securing said license a certificate of a licensed veterinarian that the dog is a spayed female dog. A certificate of a licensed veterinarian shall set forth that any dog being licensed under this section shall have had a rabies shot or booster

cation and payment of fees, the person issuing the license shall issue a receipt designating the owners name and the number of the license, the sex of the dog, the amount paid by him, together with a metal tag bearing the number corresponding to that upon the receipt. It shall be unlawful for anyone to make a false statement in the application for a license.

Upon satisfactory proof that a license tag has been lost, a new tag of a different number may be issued upon the payment of a fee of 50¢ and the transaction shall be noted upon the City office file for the number originally issued.

Section 4: Running at Large Prohibited: It shall be unlawful for any owner to allow or to permit any dog, whether licensed or not, to be or remain upon the streets or alleys of Idaho City, or in any public place in the City, or upon any other premises without the consent of the person in possession of such other premises unless:

(a) such dog be in charge of a person and under his or her absolute control;

(b) such dog be confined in a motor vehicle.

Section 5: Vicious Dogs: No habitually vicious dog, or mad dog, and no female dog in time of heat shall be permitted to run at large within the limits of the City whether licensed or not.

Section 6: Barking Dogs: Dogs which habitually bark at, or chase automobiles, bicycles or pedestrians shall not be permitted to run at large away from the premises of the owner or the one having custody of said dog, whether licensed or not.

Section 7: Abandoned Dogs: No owner or a person having custody shall abandon such dog within the City limits.

Section 8: Kennel License: It shall be unlawful to keep, maintain, harbor or possess upon the premises of any one household more than four (4) dogs unless the owner or person

having custody or harboring four (4) dogs more than three (3) months old shall have obtained a kennel license.

(a) Application of any person owning, harboring or maintaining more than four (4) dogs must be accompanied by the written consent of at least seventy-five percent (75%) of all the persons in possession of premises within a radius of Three Hundred Feet (300') of the premises upon which said kennel is to be maintained.

(b) The application shall state the name and address of the owner where the kennel is to be kept and the number of dogs.

(c) The issuance of a kennel license shall not obviate the necessity of obtaining an individual dog license, nor shall any of the provisions hereof be deemed to vary or alter any of the zoning regulations of the City.

Section 9: Rabies: It shall be unlawful for any person to own, keep or harbor any dog afflicted with rabies.

Section 10: Nuisance: It shall be unlawful for any owner to fail to exercise proper care and control of his dogs, to prevent it from becoming a public nuisance. Excessive, continuous or untimely barking, molesting passers-by, chasing vehicles, habitually attacking other domestic animals, trespassing among public or private property in such a manner as to damage the property, shall be deemed a nuisance.

It shall be unlawful for any owner to fail to provide a dog with sufficient good and wholesome food and water, proper shelter and protection, veterinary care when needed to prevent suffering, and humane care and treatment.

Section 11: City Pound: There is hereby established a city pound for the impounding and care of stray animals, which pound shall be under the jurisdiction of the police department. The purpose of the city pound shall be keeping and disposing of any animal impounded according to the provisions of the Code.

Section 12: Impounding; Interference Unlawful: It shall be unlawful for any person to hinder or molest any designated person who may be engaged in seizing, keeping or removing any animal in conformity with the provisions of this Ordinance.

Section 13: Records: The police department shall keep a record of all animals impounded, which record shall contain a description of the animal, the place where, and the date when, taken into custody, or when delivered to the City Pound.

Section 14: Poundmaster: The police department may designate and employ with the approval of the Mayor, such persons to act as Poundmaster and Deputy Poundmasters as may be required.

Section 15: Redemption; Impounded Animal: Any animal impounded because it was found running at large, or without a license, may be redeemed by the owner prior to the sale or destruction of such animal, by paying all charges against the same, as provided by this Ordinance.

Section 16: Fees; Impounding: (a) The Poundmaster shall be entitled to charge a fee for the keeping and selling of any animal, which fee shall be, for the keeping and selling, retained by the Poundmaster as payment towards the cost and expense incurred by the Poundmaster in the keeping and selling of such animal. The fees which may be charged by the Poundmaster for impounding, keeping and selling any animal, to be paid upon redemption or sale of such animal shall be as follows: for impounding any dog, each $2.00; for keeping any dog per day, each, $1.00.

In addition to the foregoing, any person redeeming any dog, shall prior to or at the time of the redemption take out a license for the same, unless such dog shall already have a license for the calendar year; and any person purchasing a dog at any sale herein provided for, shall promptly take out a license for the same.

A fraction of a day shall be deemed a full day and any portion of a day in excess of any multiple of twenty-four (24) hours, shall be deemed a day.

Section 17: Sale; Notice: At any time after any dog shall have been impounded, the Poundmaster shall give notice of sale by posting a notice at the police headquarters, and at the Pound, describing the animal impounded, and notifying the owner to pay the charges thereon, and remove same prior to the time fixed for the sale thereof; and that, otherwise, the animal will be sold at a public sale at a time and place named in said Notice which time shall be not less than five (5) days from the date of the posting of such Notices.

Section 18: Diseased Dog; Destruction: Any Dog impounded hereunder and suffering from serious injury or disease, may be humanely destroyed at the discretion of the Poundmaster.

Section 19: Sales; Bids; Title: The sales herein provided for shall be for cash to the highest bidder, and at any sale, the Poundmaster may bid in the amount of his charges against the animal offered for sale. In the event there be no bid, the Poundmaster may destroy any such animal offered for sale. The purchaser at such sale, had after notices herein provided for, shall acquire absolute title to the animal purchased.

Section 20: Violations; Penalty: Any person, firm, company, corporation or association violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding $300.00,

license for the same, unless such dog shall already have a license for the calendar year; and any person purchasing a dog at any sale herein provided for, shall promptly take out a license for the same.

A fraction of a day shall be deemed a full day and any portion of a day in excess of any multiple of twenty-four (24) hours, shall be deemed a day.

Section 17: Sale; Notice: At any time after any dog shall have been impounded, the Poundmaster shall give notice of sale by posting a notice at the police headquarters, and at the Pound, describing the animal impounded, and notifying the owner to pay the charges thereon, and remove same prior to the time fixed for the sale thereof; and that, otherwise, the animal will be sold at a public sale at a time and place named in said Notice which time shall be not less than five (5) days from the date of the posting of such Notices.

Section 18: Diseased Dog; Destruction: Any Dog impounded hereunder and suffering from serious injury or disease, may be humanely destroyed at the discretion of the Poundmaster.

Section 19: Sales; Bids; Title: The sales herein provided for shall be for cash to the highest bidder, and at any sale, the Poundmaster may bid in the amount of his charges against the animal offered for sale. In the event there be no bid, the Poundmaster may destroy any such animal offered for sale. The purchaser at such sale, had after notices herein provided for, shall acquire absolute title to the animal purchased.

Section 20: Violations; Penalty: Any person, firm, company, corporation or association violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding $300.00, or by imprisonment for not more than thirty (30) days, or by both said fine and imprisonment.

Section 21: This Ordinance shall be in full force and effect upon the signing, approval and publication of the same, with the exception that the license fees required herein for the year 1974, shall be extended until the 30st day of April, 1974.

PASSED by the Council of the City of Idaho City, Idaho, this 11 day of June , 1974.

APPROVED by the Mayor of the City of Idaho City, Idaho, this 11 day of June , 1974.

APPROVED:

MAYOR

ATTEST:

City Clerk

AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 129, AN ORDINANCE REPEALING ORDINANCE NO. 1-41 OF IDAHO CITY, IDAHO, REQUIRING OWNERS OR PERSONS HAVING CUSTODY OR HARBORING ANY DOG, MORE THAN THREE (3) MONTHS OLD WITHIN THE CORPORATE LIMITS OF IDAHO CITY, TO, ON OR BEFORE THE FIRST CALENDAR DAY OF EACH YEAR, PAY FOR AND SECURE A LICENSE FOR SUCH DOG, TO BE ATTACHED TO A COLLAR AND WORN BY SAID DOG SO LICENSED; PROVIDING FOR A KENNEL LICENSE; WITH SPECIAL PROVISIONS RELATING TO VICIOUS DOGS, ABONDONED DOGS, DECLARING VIOLATION HEREOF AS A MISDEMEANOR AND PROVIDING AS EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:

Section 1: That Section 2 of Ordinance No. 129 be, and the same hereby is, amended so that Section 2 of said Ordinance No. 129, shall read as follows:

Section 2: Licenses Required: It shall be unlawful for any person to own, harbor, keep or possess a dog more than three months six (6) months old within the City without first procuring a license therefore as provided by this Ordinance; provided, however, that the provisions of this Chapter shall not apply to any person visiting the City for a period not exceeding fifteen (15) days and owning or possessing a dog currently licensed, and bearing the license issued by another municipality, or other licensing authority.

Section 2: This ordinance shall be in full force and effect upon the signing, approval and publication of the same.

PASSED by the Council of Idaho City, Idaho, this 15 day of October , 1974.

Approved by the Mayor of the City of Idaho City, this 15 day of October 1974.

APPROVED:

MAYOR

President of Council

CLERK

ORDINANCE NO. 128

AN ORDINANCE AMENDING ORDINANCE NO. 1-33 BY PROVIDING FOR A NEW SECTION 12 REQUIRING A LICENSE FEE FOR JUKE BOXES AND OTHER AMUSEMENT TYPE, COIN OPERATED MACHINES; SETTING FORTH THAT SAID ORDINANCE NO. 1-33 IS AN ORDINANCE ESTABLISHING PROCEDURE FOR LICENSING OF BUSINESS ESTABLISHMENTS WITHIN THE CITY OF IDAHO CITY, AND INCORPORATING IN THIS ORDINANCE ALL OF ORDINANCE NO. 1-33 WITH THE AFOREMENTIONED AMENDMENTS; PROVIDING FOR A NEW SECTION 12; PROVIDING FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:

Section 1. That Sections 1 through 11 of Ordinance No. 1-33 as amended by Ordinance No. 128 shall read as follows:

"Section 1. Any person, firm, partnership or corporation operating a retail business for profit by vending, selling or offering for sale any product or service such as: operating any show, exposition, ride, amusement or concession to the general public within the corporate limits of the City of Idaho City shall pay to the City a license fee in the amount(s) and for the purpose as hereinafter described.

Section 2. All funds paid in the form of license for the purpose of doing business within the boundaries of the corporate limits of the City of Idaho City shall be placed in the General Fund of the City of Idaho City.

Section 3. All licenses required by this Ordinance shall be paid in advance in lawful money of the United States of America.

Section 4. Penalty: Any person who shall commence or continue to carry on or transact any business or calling for which a license is required by any ordinance of this City, without first procuring the same, shall be deemed guilty of a misdemeanor.

Section 5. Carnivals: It shall be unlawful for any person, persons, firm, organization or corporation to conduct, operate, engage in or carry on, either directly or indirectly, within the corporate limits of the City of Idaho City, shows, rides or entertainment activities without securing a license.

Section 6. Fees: The following licenses are hereby required:

(A) For any carnival with ten or less sideshows, concessions or rides shall pay a fee in the amount of $50.00 per day.

(B) For any carnival with more than ten concessions shall pay $10.00 for each sideshow, concession or ride per day.

Section 7. Financial Responsibility: The operators of such carnival shall establish financial responsibility and accept full liability for any accidents or suits for damages arising out of the operation.

An adequate insurance policy in the amounts of $100,000 for any individual accident or injury and $100,000 for any accident shall be deemed compliance with this provision.

Section 8. Hawkers and Vendors: License required: Hawkers shall pay a license of $10.00 per day in advance. Each and every person who shall offer any article for sale from a stand or upon any street, public or open ground, within the limits of the City shall be deemed a hawker under this Article.

Section 9. Merry Go Rounds and Riding Galleries: License required: All entertainments commonly called "rides" including devices, apparatus, attractions and amusements for the transportation of persons at a fixed location and operated by motive power other than that of the person riding, therefore or therein, and for which there is a fee fixed or a fare charged; are hereby declared to be public entertainment. No person shall operate or maintain any such entertainment unless a license is first obtained from the City Clerk.

1. If granted for a term of less than one week, $5.00 per day.

2. If granted for a term of more than one week, the fee shall be $10.00 per month or fraction thereof.

Section 10. Peddlers: It shall be unlawful for any person, persons, firm, organization or corporation to conduct door-to-door selling without securing a license.

Peddlers shall be classified and licensed as follows:

When regular or semi-regular trips are made, frequently, first class; when infrequent calls are made, second class; and when single calls are made, third class.

Peddlers of the first class shall pay a license of $5.00 per month.

Peddlers of the second class shall pay a license of $5.00 per trip.

Peddlers of the third class shall pay a license of $5.00 per day.

Section 11. Shooting Galleries: License required: Shooting galleries shall pay a license of:

(1) Permanent galleries shall pay a quarterly license of $15.00;

(2) Temporary galleries shall pay a daily fee of $5.00.

Each shooting gallery shall establish financial responsibility in the form of an insurance policy issued jointly to the owner and the City of Idaho City in the amount of $25,000 for a single accident and in the amount of $300,000 for maximum coverage.

Section 2. That Section 12 of Ordinance No. 1-33 be and it hereby is amended to read as follows:

"Section 12. Juke Box and Amusement Machine Licenses: All juke boxes and coin operated amusement-type machines including, but not limited to, pool tables, foosball, pong, pinball, and other types of coin operated machines shall have a license fee in the amount of $12.00 per machine per year.

All licenses required by this Section are due on the first day of each calendar year and shall be payable on or before said date."

Section 3. This Ordinance shall be in full force and effect from the date of its passage, approval and publication.

PASSED by the Council of the City of Idaho City, Idaho, this 9th day of April, 1974.

APPROVED by the Mayor of the City of Idaho City, Idaho, this 9th day of April, 1974.

APPROVED:

MAYOR

ATTEST:

Rudy H Prince City Clerk

ORDINANCE NO. 127

AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 1-29, AS AMENDED BY ORDINANCE NO. 120 AS AMENDED BY ORDINANCE NO. 125, 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, be, and the same is hereby amended so that Section 1 of said Ordinance No. 1-29, as amended by Ordinance No. 120 and 125, 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 $2.75 $3.25 per month for any single dwelling residence; general business, and public offices, $3.25 $3.75 per month; restaurant, bar, or restaurant and bar combination, $3.75 $4.25 per month, with a minimum rate for vacant residences and buildings of $1.00 $1.50 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 appraisement and assessment and establish the rate, charges or fee, levied and assessed against such property.

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 distributions mains of sufficient size 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 $50.00 $100.00 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 ffeezing 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 Council prior to the rendering of such service."

Section 2. This Ordinance shall be in full force and effect on July 1, 1974.

PASSED by the Council of the City of Idaho City, Idaho, this 9th day of April, 1974.

APPROVED by the Mayor of the City of Idaho City, Idaho, this 9th day of April, 1974.

APPROVED:

John B. Brown

MAYOR

ATTEST:

Rude H. Prince City Clerk

ORDINANCE NO. 126-A

AN ORDINANCE TERMED THE ANNUAL APPROPRIATION ORDINANCE, APPROPRIATING MONEY IN SUCH SUM AND SUMS AS ARE DEEMED NECESSARY TO DEFRAY ALL PROPER EXPENSES AND LIABILITIES OF THE CITY OF IDAHO CITY, IDAHO, NOT OTHERWISE PROVIDED FOR, FOR THE FISCAL YEAR BEGINNING THE FIRST DAY OF JAN-UARY, 1974, PURSUANT TO THE PROVISIONS OF SECTION 50-1003, IDAHO CODE.

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 total sum of TWENTY-SEVEN THOUSAND, EIGHT HUNDRED SIXTY ONE AND NO/100 ($ 27,861.00) DOLLARS, out of the monies in the Treasury of the City of Idaho City, State of Idaho for the period from January 1, 1974 to January 1, 1975 for the following purposes:

GENERAL FUND:

WATER DEPARTMENT:

Water Master's Salary $ 1,200.00 Water Dept. Labor 650.00 Repairs - Supplies 950.00 Power - Pumps 1,000.00 Water Improvement Projects 1,800.00 $ 5,600.00

ADMINISTRATION:

Clerk's Salary $ 2,220.00 Extra Help - Office 100.00 Clerk's Supplies 150.00 Bonds & Insurance 750.00 Legal 800.00 Audit 440.00 Printing & Publishing 400.00 Property Repairs, Gas, Oil 500.00 Utilities 1,031.00 Fire Department 1,225.00 City Marshal 500.00 Miscellaneous (Incl.Refunds) 175.00 Payroll Taxes 270.00 Capital Outlay 800.00 Emergency Reserve 1,000.00 $ 10,361.00

TOTAL BUDGET GENERAL FUND $ 15,961.00

STREET FUND:

Construction $ 330.00 Street Maintenance, Labor 800.00 Snow Removal 400.00 Street Lights 1,365.00 Supplies, Gas, Oil 375.00 Equip. Maintenance, Repairs 700.00 Insurance 250.00 Street Cleaning 180.00 Equip. Rental Operator 200.00 Miscellaneous 25.00 Payroll Taxes 75.00 Capital Outlay 2,000.00 Emergency Reserve 2,500.00

TOTAL BUDGET STREET FUND $ 9,200.00

IDAHO CITY REVENUE SHARING TRUST FUND:

Water Department $ 1,350.00 Fire Department 1,175.00 Publishing 175.00

TOTAL BUDGET REVENUE SHARING FUND $ 2,700.00

TOTAL APPROPRIATION ALL FUNDS $ 27,361.00

SECTION 2. This ordinance shall be in full force and effect upon the signing, approval and publication of the same.

PASSED by the Council of Idaho City, Idaho this 12th day of March, 1974.

APPROVED by the Mayor of the City of Idaho City, Idaho, this 12th day of March, 1974.

APPROVED:

MAYOR

ATTEST:

CITY CLERK

ORDINANCE NO. 126

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, 1974 TO MARCH 31, 1974 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, 1974 to March 31, 1974 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 fifteenth day of January, 1974.

APPROVED by the Mayor of the City of Idaho City, Idaho, this fifteenth day of January, 1974.

APPROVED:

ATTEST:

MAYOR

CITY CLERK

ORDINANCE NO. 125

AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 1-29 AS AMENDED BY ORDINANCE NO. 120 , 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 , be, and the same is hereby amended so that section 1 of said Ordinance No. 1-29, as amended by Ordinance No. 120 , 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 $2.75 per month for any single dwelling residence; general businesses, $3.25 per month; restaurant, bar, or restaurant and bar combination, $3.75 per month, with a minimum rate for vacant residences and buildings of $1.00 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 appraisement and assessment and establish the rate, charges or fee, levied and assessed against such property.

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 distributions mains of sufficient size 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 $50.00 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 cost 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 Council prior to the rendering of such service."

Section 2: This ordinance shall be in full force and effect upon the signing, approval and publication of the same.

PASSED by the Council of Idaho City, Idaho, this 17th day of July, 1973.

APPROVED by the Mayor of the Idaho City, Idaho, this 17th day of July, 1973.

ORDINANCE NO. 124

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, 1973 to MARCH 31, 1973 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 FOUR THOUSAND ($ 4,000.00) DOLLARS to defray salaries and other expenses of the City of Idaho City, Boise County, Idaho, during the period of January 1, 1973 to March 31, 1973 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 9th day of January, 1973.

APPROVED by the Mayor of the City of Idaho City, Idaho, this 9th day of January, 1973.

ADOPTED:

APPROVED:

ATTEST:

Ruth H. Prince, City Clerk

Charles M. Stevens, Mayor

ITY OF IDAHO CITY

ANNUAL APPROPRIATION ORDINANCE NO. 124-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 total sum of TWENTY-THREE THOUSAND, FOURTEEN AND NO/100 ($ 23,014.00) DOLLARS, out of the monies in the Treasury of the City of Idaho City, State of Idaho for the period from January 1, 1973 to January 1, 1974 for the following purposes:

GENERAL FUND:

WATER DEPARTMENT:

Water Master's Salary $ 1,200.00 Labor - Water Dept. 650.00 Repairs - Supplies 600.00 Power - Pumps 1,150.00 Capital Improvement-Water 1,200.00 $ 4,800.00

ADMINISTRATION:

Clerk's Salary $ 2,220.00 Extra Clerical Labor 100.00 Clerk's Supplies 125.00 Bonds, Insurance 625.00 Legal Fees, Costs 800.00 Audit 400.00 Printing, Publishing 400.00 City Repairs, Gas, Oil 200.00 Utilities 894.00 Police Department 500.00 Fire Department 350.00 Miscellaneous (Incl. Refunds) 300.00 Election - 1973 130.00 Payroll Taxes 270.00 Capital Outlay 800.00 Emergency Reserve 1,000.00 $ 9,114.00

TOTAL BUDGET GENERAL FUND $ 13,914.00

STREET FUND:

Construction $ 330.00 Street Maintenance, Labor 800.00 Snow Removal 425.00 Equip. Maintenance, Repairs 500.00 Supplies, Gas, Oil 375.00 Street Lighting 1,250.00 Street Cleaning 180.00 Insurance 240.00 Equip. Rental Operator 400.00 Miscellaneous 25.00 Payroll Taxes 75.00 Capital Outlay 2,000.00 Emergency Reserve 2,500.00

TOTAL BUDGET STREET FUND $ 9,100.00

SECTION 2. This ordinance shall be in force and effect from and after its passage, approval and publication.

PASSED By the City Council this 13th day of March, 1973

APPROVED By the Mayor this 13th day of March, 1973

ATTEST:

Ruth H. Prince, City Clerk Charles M. Stevens, Mayor

ORDINANCE NO. 123

AN ORDINANCE REGULATING THE USE OF SNOWMOBILES ON THE PUBLIC STREETS; DEFINITIONS; REQUIRING DRIVER'S LICENSES; REGULATING SPEEDS; REQUIRING FULL STOPS AT INTERSECTIONS; ALLOWING OPERATION ON THE EXTREME RIGHT SIDE OF STREETS; REQUIRING USE OF HEADLIGHTS AND TAILLIGHTS; RESTRICTING USE IN THE CITY LIMITS BETWEEN THE HOURS OF 10:00 P.M. and 6:00 A.M.; PROHIBITING USE ON PRIVATE PROPERTY WITHOUT CONSENT OF PROPERTY OWNERS; PROHIBITING USE ON SIDEWALKS; REQUIRING OPERATORS TO USE MOST DIRECT ROUTE TO CROSS STREETS; REQUIRING OBSERVANCE OF ALL IDAHO MOTOR VEHICLE LAWS; RESTRICTING OCCUPANCY TO TWO PERSONS WHILE ON CITY STREETS; PROHIBITING THE PUSHING OR TOWING OF OTHER ITEMS OF EQUIPMENT; RESTRICTING THE USE OF SNOWMOBILES IN THE IDAHO CITY CEMETERY AND ON THE IDAHO CITY AIRPORT RUNWAY; AND PROVIDING A PENALTY.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:

Section 1. Definitions. (a) Snowmobile. A self-propelled vehicle designed for travel on snow or ice upon a combination of skis, skids, tracks or endless belts, steered by skis or runners upon which persons or property may be transported or drawn and expressly include the devices known as "Snowmobiles" or "Skimobiles".

(b) Operate. To control the operation of a snowmobile.

(c) Operator. A person who operates or who is in actual control of a snowmobile.

(d) Public street. Street, road, alleyway or other public thoroughfare within the city limits of the City of Idaho City, Idaho.

Section 2. Regulations. It shall be unlawful for any person to operate a snowmobile under the following circumstances:

(a) On private property of another without the express permission to do so by the owner or occupant of said property.

(b) On public school grounds, park property, public playgrounds, cemeteries, airport runways, and the posted area in the vicinity of the Idaho City water systems and pump house, without express provisions or permission to do so by the proper public authority.

(c) Main Street may be used for ingress and egress to businesses or residences and crossing on arterial streets, all other traffic on said street by snowmobiles is prohibited. Operation of snowmobiles on the streets of the city shall be limited to ingress and egress to the city; the city streets are not to be used as a place of recreation for snowmobiles.

(d) Without having such snowmobile registered as provided for by the statutes of this State.

(e) Within the right of way of any public street unless the operator shall have a valid driver's license, in force and issued by a State of the United States of America, and shall have said driver's license in his possession at the time of operating said snowmobile.

(f) At a rate of speed in excess of 15 miles per hour.

(g) All snowmobiles shall come to a full stop at all street intersections.

(h) within or upon any public street except the extreme right hand side thereof and out of the normal traveled area of the street and shall travel in single file.

(i) Without having the headlight and taillight illuminated regardless of the time of day or night and regardless of the prevailing weather conditions.

(j) Between the hours of 10:00 o'clock P.M. and 6:00 o'clock A.M., except for the purpose of going to or from the place of residence of the operator of said snowmobile or to its place of storage.

(k) Upon any public sidewalk or walkway.

(l) Across any public street except by the most direct route, this being at right angles to the side boundaries thereof.

(m) With more than two persons, including the operator on said machine.

(n) Pushing, pulling or towing any other type of conveyance or item of equipment upon the public streets, unless the same has a rigid tongue and swivel type hitching device connecting the snowmobile directly to the other conveyance or equipment.

(o) The above regulations apply to all terrain type vehicles.

Section 3. Equipment Required. All snowmobiles operated within the City shall have the following equipment:

(a) Manufacturers stock grade mufflers or equivalent which are properly attached and which reduce the noise of operation of the vehicle within noise level requirements of the laws of the State of Idaho, and no person shall use a muffler cut-out, by-pass or similar device on said vehicle.

(b) Adequate brakes in good working condition.

(c) At least one headlight and one taillight, said headlight sufficient to render clearly discernible persons and vehicles at a distance of two hundred fifty feet (250') ahead. Said taillight when lighted shall emit a red light plainly visible at a distance of two hundred fifty feet (250') to the rear.

(d) All snowmobiles operated in the City shall be equipped with a mast or antenna displaying a red or red-orange flourescent flag or pennant a minimum of five feet (5')

-3-

above the ground; such flag or pennant shall be either rectangular or triangular in shape with the leading edge being of a minimum of six inches (6") and the length a minimum of twelve inches (12").

Section 4. Unattended Vehicles. It is unlawful for the owner or operator to leave or allow a snowmobile to be or remain unattended on public property while the motor is running or with the keys for starting the vehicle left in the ignition. A snowmobile cannot be left unattended on streets and sidewalks at any time.

Section 5. Right of Way. Snowmobiles must yield right of way to all motor vehicles licensed by the State of Idaho for operation upon public highways.

Section 6. Law Enforcement Officers. Law Enforcement Officers in the performance of their duties of enforcing this ordinance or other laws of the State of Idaho, and the City of Idaho City may operate snowmobiles in violation of the terms of this ordinance as their duties may require.

Section 7. Restriction of Operation. The City Council of Idaho City may, by resolution, further restrict or prohibit the operation of snowmobiles upon the public streets or other public property within the City and may restrict, extend or change the public streets upon which snowmobile operations may take place, when, in their opinion, the public safety and welfare so requires.

Section 8. Traffic Regulations. Each person operating a snowmobile within the City of Idaho City shall strictly observe all traffic signs and signals and all other traffic rules and regulations of the State of Idaho and Idaho City in addition to those rules and regulations herein set forth and shall obey the orders and directions of any peace officer authorized to direct and regulate traffic.

Section 9. Penalty. Any person violating this ordinance or any portion thereof shall be guilty of a misdemeanor and shall be subject to a fine not to exceed One Hundred Dollars ($100.00) or imprisonment in the City or County jail not more than thirty (30) days, or by both such fine and imprisonment.

PASSED by the Council of the City of Idaho City, Idaho, this 12th day of December, 1972.

APPROVED by the Mayor of the City of Idaho City, Idaho, this 12th day of December, 1972.

APPROVED:

Charles McTimons

MAYOR

ATTEST:

Ruth H. Prince City Clerk

ORDINANCE NO. 1 2 2

AN ORDINANCE ESTABLISHING THE NEED AND PRESERVATION OF A HISTORIC RESTORATION AND PRESERVATION ZONE IN THE CITY OF IDAHO CITY, IDAHO; ESTABLISHING A RESTORATION COMMISSION, REGULATIONS PERTAINING TO BUILDING EXTERIORS, FUTURE CON-STRUCTION, RENOVATION, REPAIR, AND REMODELING OF EXISTING STRUCTURES, OR BUILDINGS AND STRUCTURES MOVED ON OR FROM PROPERTY WITHIN SAID DESIGNATED ZONE; PROVIDING FOR SEVER-ABILITY AND TO PROVIDE AN EMERGENCY THEREFOR.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, STATE OF IDAHO:

Section 1: Purpose. For the purpose of promoting the historic, educational, cultural, economic and general welfare of the public through the preservation, restoration and protection of buildings, structures and appurtenances; sites, places and elements of historic interest within the City of Idaho City, Boise County, Idaho, a historic restoration and preservation zone and map describing the boundaries of said zone is hereby established and adopted by the council of the City of Idaho City, Idaho.

Section 2. Designated Area. The designated area for said historic and preservation zone shall be highway 21 between Montgomery Street and King Road, King Road to High Street and continuing down High Street to Myer Street; Myer Street between High Street and Main Street; Main Street between Highway 21 and School Street; School Street between Main Street and Montgomery Street, and Montgomery Street from School Street to Highway 21; Wall Street from the Penitentiary to High Street; Commercial Street from Montgomery to High Street; Walulla Street from Montgomery to High Street; Kemper Avenue from Main Street to King Road, and Hill's Road between Montgomery and Main Street. The area surrounding the I.O.O.F. Hall is also included within said boundaries. A property description of all the real property within said historic restoration and preservation zone is attached hereto marked

set out fully herein.

Section 3. Restoration Committee. It is hereby established that the City of Idaho City Restoration Committee which shall consist of five (5) members; three (3) members appointed by the Mayor and approved by the City Council upon the passage of this ordinance, for terms of one, two (2) and three (3) years respectively; and two (2) members appointed by the President and approved by the Board of Directors of the Idaho City Historical Foundation, Inc., after passage of said ordinance, for terms of one, and two (2) years, respectively. Thereafter, the following appointments shall be made and approved as the aforementioned terms expire.

(a) From the two appointed groups, one member shall be the record owner of real property within the area established as historic Idaho City. The remaining members from the two groups appointed, shall be registered voters and residents within the City of Idaho City.

(b) A Chairman, Vice-Chairman and Secretary shall be elected from the commission membership, and shall serve for a period of one year, subject to reelection.

Section 4. Regulation. (a) No trees shall be removed and no building or structure to be used for a residence, business or storage building, including the walls thereof, appurtenant fences, steps and paving, shall be erected, reconstructed, altered, restored, painted, moved in or out or demolished within the historic zone; and no sign, light, fences, wall or other appurtenant fixture hereafter called appurtenant fixtures, shall be erected or displayed

within the district on any lot or that is visible from the exterior of any building or structure, located within said zone, unless an application for a certificate of appropriateness shall have been approved by the Idaho City Restoration Commission.

All plans, elevations, colors, materials, textures, landscaping and such other information deemed necessary by the commission to determine the appropriateness of the exterior features, buildings, or structures, placed on property within said zone, shall be made available to it by the applicant.

(b) The Restoration Commission herein established, shall review all such plans submitted to it, and shall approve those which are in conformity with the City of Idaho City atmosphere as prevailed generally in the 1870's through 1890's, and are wood framed or red brick construction and said exteriors are facing the streets included within the said zone, and which may be painted or unpainted, and in general, exterior appearances do not have any adornments, lettering, signs, or other devices that would be utterly inconsistent with old Idaho City atmosphere, which this Ordinance attempts to perpetuate, except that approved signs, devices, and adornments may be lighted by indirect lighting.

(c) Application for a certificate of appropriateness shall be filed by the Applicant with the City Clerk, and upon the filing of such application, the City Clerk shall set the same at the next regular meeting of the Commission, which shall be more than four (4) days after the filing of the applica-

tion, and shall give public notice of the pendency of said application, and of the hearing date thereon by posting a notice in two conspicuous places in Idaho City, and in a conspicuous place on the building or parcel of land involved, not less than two (2) days prior to said meeting, stating the name of the applicant, the subject of the application, and the date upon which the same will be heard by the Commission.

At the hearing upon such application, the Commission shall hear all oral testimony and evidence in support and against such application that may be offered and thereupon determine either that the subject of the application is or is not appropriate, within the meaning of this Ordinance, provided, however, that with the consent of the Applicant, the Commission may defer final determination on the application until its next regular meeting.

The Commission shall enter in its minutes the reasons for its determination upon any application for a certificate of appropriateness and such records shall be open to the public's inspection at all reasonable times.

Section 5. Appeals. Appeals from the Restoration Commission's decision must be made in writing to the City Clerk's Office by the party involved, detailing his grounds for appeal to the City Council of Idaho City. Upon receiving Notice of an appeal, from the said person, the Mayor shall set a date for hearing, giving notice to all interested parties at least one week in advance of said hearing. At the hearing, the City Council shall consider testimony, including that of the Applicant, and the Restoration Commission, directed solely to the

point of whether or not the intended structure, alteration, repair, renovation, remodeling or appurtenant fixtures, etc., would or would not violate this Ordinance. The Council shall either affirm the original decision of the Restoration Commission, or disaffirm it by a majority vote and so render a written opinion in either case. In the event the City Council disaffirms the original decision of the Restoration Commission, the Applicant will then be permitted to proceed with his intended plans.

Section 6. Additional Regulations Pertaining to Historic Zone. To further aid in restoration and general appearance of the Historic Idaho City Zone, the following regulations are also covered by this Ordinance, and are considered to be a misdemeanor in the event there is a violation of the following:

(a) There can be no temporary storage of unused vehicles, trailers, or unoccupied mobile homes or campers within the boundaries of the area covered in Section 2.

(b) Mobile Homes intended for residence or business must conform with the City of Idaho City atmosphere as prevailed generally in the 1870's through 1890's, and further described in Section 4(b). Facing of wood or red brick must be purchased at the time the Mobile Home is moved on to the lot, and must be completely faced within sixty (60) days after the said mobile home is placed on said lot. Any mobile home presently occupying a lot within the Historic Idaho City Zone, once moved from said lot, must then conform with the above paragraphs in the event it remains in the confines of the Idaho City Historic Zone.

Section 7. Other Responsibilities and Duties of the Commission.

(a) All members shall serve without compensation. (b) Any member who has a financial interest in any matter being considered by the Commission shall disqualify himself from voting on such matter.

(c) The Commission may adopt rules and regulations not inconsistent with the intent and purpose of this Ordinance, or with any of its sections, and may accept appropriations, to use technical advisors and/or consultants however, may not incur the indebtedness of the City of Idaho City, without prior consent of the Idaho City Council.

(d) The Commission may from time to time prepare informational materials for the purpose of assisting people and property owners in conforming to the intent and purpose of this Ordinance.

(e) In the event the Restoration Commission rejects a certificate of appropriateness, it must provide reasons and recommendations as to needed alterations which the Applicant may consider.

Section 8. Violation and Enforcement. (a) Any violation of this Ordinance shall be a misdemeanor.

(b) Any violation constituting a misdemeanor shall be a continuing misdemeanor and each day it is in existence shall constitute a separate offense under this Ordinance.

(c) The City of Idaho City shall have the authority to prevent the violation of this Ordinance through the injunction procedure as said procedure is set out in the Idaho Code, and said right to an injunction shall not be construed in any way to prejudice any

action which the City of Idaho City may have against the same person for violation of this Ordinance as a misdemeanor.

Section 9. Nonconforming Structures Presently in the Historic Zone. Any structure presently situated within the said Zone and nonconforming to the regulations listed in this Ordinance, may continue as is, however, in the event the structure changes ownership or services rendered, then it must conform to this Ordinance.

Section 10. Separability of Provisions. Should any section or provision of this Ordinance be declared invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

Section 11. Emergency. An emergency existing therefore, which emergency is hereby declared to exist, this Ordinance shall take effect and be in force from and after its passage and approval.

ADOPTED AND APPROVED by the Mayor and Council of the City of Idaho City, Idaho, this 13th day of June, 1972.

APPROVED:

Mayor

ATTEST:

City Clerk

ORDINANCE NO. 121

AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 106, PRO-VIDING FOR A DESCRIPTION OF A PUBLIC SEWER AND CHANGING THE WORD "PROPER" SEWER TO "PUBLIC" SEWER, 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 3 of Ordinance No. 106, be and the same is hereby, amended, so that Section 3 of Said Ordinance No. 106, shall read as follows:

"SECTION 3. CONNECTION TO PUBLIC SEWER MANDATORY: A public sewer as used in this Ordinance is hereby defined as the sewer system owned and operated by the Idaho City Sewer Association, Inc., which is available to all occupants and residents of the City of Idaho City, Idaho.

The owner or occupant of any house, building, or property used for residential, commercial, or industrial use, or other purpose, situated with the City of Idaho City, Idaho, which is abutting on or having a permanent right of access to any street, alley or right-of-way in which there is now located or may in the future be located a public sewer of said City, is hereby required to cease using any other method of disposing of sewage, waste or polluted matter, and at his expense to connect such building directly with the proper sewer public sewer in accordance with the provisions set forth by the City, within ninety (90) days after date of official notice from the City or its authorized representatives to do so, provided, however, that said sewer is within one hundred (100) feet of any property line.

Section 2. This Ordinance shall be in full force and effect upon the signing, approval and publication of the same.

PASSED by the Council of Idaho City, Idaho, this 13th day of January, 1972.

APPROVED by the Mayor of the City of Idaho City, Idaho, this 13th day of January, 1972.

APPROVED:

ORDINANCE NO. 120

AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 1-29 PROVIDING FOR AMENDED RATES, CHARGES AND FEES FOR SERVICES RENDERED BY THE MUNICIPAL WATER SYSTEM OF IDAHO CITY ON A MONTHLY BASIS, 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 be, and the same is hereby, amended so that Section 1 of said Ordinance No. 1-29 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 $2.75 per month for any single dwelling residence; general businesses, $3.25 per month; restaurant, bar, or restaurant and bar combination, $3.75 per month, with a minimum rate for vacant residences and buildings of $1.00 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 appraisement and assessment and establish the rate, charges or fee, levied and assessed against such property.

Section 2. This Ordinance shall be in full force and effect, upon the signing, approval and publication of the same.

PASSED by the Council of Idaho City, Idaho, this 9th day of May, 1972.

APPROVED by the Mayor of Idaho City, Idaho, this 9th day of May, 1972.

ANNUAL APPROPRIATION ORDINANCE NO. 119-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 total sum of TWENTY-TWO THOUSAND, TWO HUNDRED FIFTY-SIX AND NO/100 ($ 22,256.00) DOLLARS, out of the monies in the Treasury of the City of Idaho City, State of Idaho for the period from January 1, 1972 to January 1, 1973 for the following purposes:

GENERAL FUND:

WATER DEPARTMENT:

Water Master's Salary $ 1,200.00 Labor - Water Dept. 500.00 Repairs - Supplies 1,150.00 Power - Pump 1,225.00 $ 4,075.00

ADMINISTRATION:

Clerk's Salary $ 1,380.00 Clerk's Supplies 100.00 Utilities 836.00 Gas, Oil, Repairs 150.00 Fire Department 350.00 Marshal's Salary 600.00 Bonds, Insurance 475.00 Printing, Publishing 250.00 Audit 400.00 Legal Fees, Costs 1,000.00 Refunds 25.00 Payroll Taxes 190.00 Miscellaneous 275.00 Capital Outlay 1,000.00 Emergency Reserve 2,000.00 $ 9,031.00

TOTAL BUDGET GENERAL FUND $ 13,106.00

STREET FUND:

Street Labor $ 1,500.00 Street Supplies 150.00 Gas, Oil, Repairs 1,250.00 Street Lights 1,320.00 Insurance 175.00 Payroll Taxes 80.00 Miscellaneous 175.00 Capital Outlay 2,000.00 Emergency Reserve 2,500.00

TOTAL BUDGET STREET FUND $ 9,150.00

SECTION 2. An emergency existing therefore, which emergency is hereby declared to exist, this ordinance shall take effect and be in force from and after the date of its adoption and approval.

ADOPTED AND APPROVED THE 23rd day of March , 1972

CITY OF IDAHO CITY

ATTEST: By Charles M. Stevens, Mayor

Ruth H. Prince, City Clerk

ORDINANCE NO. 118

AN ORDINANCE APPROVING AN EASEMENT DEED TO BE GRANTED TO THE UNITED STATES OF AMERICA; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID DEED; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, The council at its regular meeting, December 14, 1971, found, declared and determined the necessity to establish the easement hereinafter described in the Easement Deed for an irrigation ditch and right to convert the ditch to a pipeline;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:

Section 1. That the Easement Deed, a copy of which is attached hereto, marked "Exhibit A" and made a part hereof by attachment, be, and the same hereby is, approved both as to form and substance.

Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Deed upon behalf of Idaho City.

Section 3. That this Ordinance shall be in full force and effect immediately upon its adoption and approval.

Adopted by the Council of the City of Idaho City, Idaho, this fourteenth day of December, 1971.

APPROVED by the Mayor of the City of Idaho City, Idaho this fourteenth day of December, 1971.

APPROVED:

Mayor

ATTEST:

City Clerk

EASEMENT DEED

THIS DEED, dated this 14th day of December, 1971, be and between the CITY OF IDAHO CITY, A municipal corporation of the State of Idaho, hereinafter called the GRANTORS, and the UNITED STATES OF AMERICA, hereinafter called the GRANTEE.

WITNESSETH, that the Grantor, for and in consideration of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, does hereby grant and convey unto the Grantee and its assigns an easement for an irrigation ditch including the right to convert the ditch to a pipeline, to be located, constructed, reconstructed, improved, used, and maintained over, upon, along and across the following described premises situated in the county of Boise, State of Idaho, to-wit:

A strip of land 10 feet in width traversing the following described property:

A portion of the SE 1/4 NW 1/4, Section 26, T. 6 N., R. 5 E., Boise Meridian within the Gold Hill Subdivision of the City of Idaho City and within the Placerville Road right-of-way.

The said strip being 5 feet in width on each side of a centerline as located and constructed on the ground, with as much additional width as required for adequate protection of cuts and fills, the said centerline being more particularly described as follows:

Beginning at a point on the north boundary line of the said Gold Hill Subdivision, said line being also the north boundary line of the Idaho City townsite and the north boundary line of the SE 1/4 NW 1/4 of said Section 26, said point lying S. 89°56' E., 660.0 feet from the northwest corner of the Idaho City townsite; thence S. 11°56' W., 489.54 feet; thence S. 8°45' E., 85.2 feet; thence S. 4°38' E., 154.5 feet; thence S. 6°17' E., 52.0 feet.

Ending at a point on the South boundary of the Placerville Road right-of-way and the north boundary of the Idaho City Ranger Station Property, said point lying S. 37°28'11" E., 969.69 feet from the northwest corner of the Idaho City townsite.

The boundary lines of said right-of-way shall be prolonged or shortened to begin on and end on and conform to the property lines.

If the ditch is located substantially as described herein, the centerline of the ditch as constructed is hereby deemed accepted by the Grantors as the true centerline of the easement granted.

Total: Length - 781.3 feet Area - 0.18 acre, more or less

The acquiring agency is the Forest Service, Department of Agriculture.

This conveyance is made subject to the following reservations by the Grantors, their heirs, and assigns:

The right to cross and recross the easement at any point and for any purpose in such manner as will not materially interfere with the use of the ditch.

If for a period of five (5) years the Grantee shall cease to use, or preserve for prospective future use, the ditch or any segment thereof, or if at any time the Regional Forester determines that the ditch, or any segment thereof is no longer needed, the easement traversed thereby shall terminate. In the event of such nonuse or of such determination by the Regional Forester shall furnish to the Grantor a statement in recordable form evidencing termination.

IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed by its duly authorized officers and its corporate seal to be hereto affixed on the day and year first above written.

CITY OF IDAHO CITY

BY Roger B. Jackson Mayor

Attest: Judy H. Prince City Clerk

STATE OF IDAHO )

: ss. County of Boise )

On this 14th day of December, 1971, before me, a Notary Public in and for the State of Idaho, personally appeared ROGER B. JACKSON and RUTH H. PRINCE, known to me to be the Mayor and City Clerk of IDAHO CITY, IDAHO, who executed the said instrument, and acknowledged to me that IDAHO CITY executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.

John B. Brogan Notary Public for Idaho Residing at Idaho City, Idaho

(SEAL)

Ordin # 118 cancels ordin.

TERMINATION OF EASEMENT

THIS INDENTURE, dated this 21 day of July 1978, by and between the United States of America, acting by and through the Forest Service and the City of Idaho City, a municipal corporation of the State of Idaho.

WHEREAS WITNESSETH the City of Idaho City, a municipal corporation of the State of Idaho granted to the United States of America an easement for an irrigation ditch, dated December 14, 1971, and recorded in Boise County, Idaho, in Book 62 Deeds, page 138. Which easement contains the following provision:

If for a period of five (5) years, the Grantee shall cease to use, or preserve for prospective future use, the ditch or any segment thereof, or if at any time the Regional Forester determines that the ditch, or any segment thereof is no longer needed, the easement traversed thereby shall terminate.

Whereas, the undersigned has determined that the United States of America has no further need for the said City of Idaho City easement.

Now therefore, for and in consideration of the premises and the sum of $1.00, the receipt of which is hereby acknowledged, this INDENTURE is executed for the purpose of showing that it has been determined that the United States of America has no further need for the easement and that the easement pursuant to its provisions has ceased and terminated and is hereby canceled.

IN WITNESS WHEREOF, the United States of America, by its Deputy Regional Forester, Resources, Forest Service, Department of Agriculture, has executed this Indenture on the day and year first above written.

Inst. H 90128 Boise County Idaho ss Request of

Dick Wulstein Time 2:13 P. M. Date 9/19/78 Book 19-Misc. Page 34 Robert J. Triffield

By Dusan Daugherty Deputy

Fee $2.00

UNITED STATES OF AMERICA

By for JEFF M. SIRMON Deputy Regional Forester Resources

Indexed Compared Tract

11/22/78

ACKNOWLEDGMENT

STATE OF Utah ) )ss COUNTY OF Weber )

On this 21 day of July , 1978, before me personally appeared Charles H. East, known to me to be authorized to sign for Jeff M. Sirmon, Deputy Regional Forester, Resources, Region 4, Forest Service, United States Department of Agriculture, and the person who executed the foregoing instrument, and he acknowledged to me that he executed the same as the free act and deed of the United States of America, for the uses and purposes therein mentioned.

Notary Public for the State of Utah Residing in Ogden, Weber County, Utah My commission expires Sept. 5, 1981

ORDINANCE NO. 117

AN ORDINANCE AMENDING ORDINANCE NO. 51-A TO PROVIDE THAT THE FEE FOR A BEER LICENSE BE INCREASED FROM FIVE DOLLARS ($5.00) TO FIFTY DOLLARS ($50.00) AND PROVIDING AN EFFECTIVE DATE THEREFORE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:

Section 1. That pursuant to council action, Ordinance 51-A of the Idaho City ordinances shall read as follows:

"BE IT ORDAINED: That a fee of Five Dollars {$5.00} Fifty Dollars ($50.00) 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 2. This Ordinance shall take effect and be in full force from and after the first day after the passage and approval hereof.

PASSED by the Council of Idaho City, Idaho, this 22nd day of November, 1971.

APPROVED by the Mayor of Idaho City, Idaho, this 22nd day of November, 1971.

APPROVED:

Roger B. Jackson

MAYOR

ATTEST:

Ruth H. Prince City Clerk

ORDINANCE NO. 116

BY THE COUNCIL: BAILEY, BROGAN, ESTELL, JACKSON and JONES

AN ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL PROPERTY AT AND WITHIN THE BOUNDARIES OF IDAHO CITY IN EXCHANGE, UNDER THE ACT OF OCTOBER 23, 1962, LAND FOR NATIONAL FOREST LAND; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEED TO THE PURCHASER IN EXCHANGE FOR SAID REAL PROPERTY; AND DECLARING AN EMERGENCY.

WHEREAS, the City Council of Idaho City has declared the following land to be exchanged as surplus land in Idaho City based upon the finding that it is in the best interests of the City that the following exchange be made and the consideration is adequate:

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF IDAHO CITY, IDAHO:

Section 1. That for and in consideration of the transfer and conveyance to Idaho City of the real property described as follows:

National Forest land described as part of the Elk Creek Placer, Mineral Survey No. 1483, lying to the west of the townsite of Idaho City in Section 26, T. 6 N., R. 5 E., Boise Meridian. Beginning at the northwest corner of the Idaho City Townsite; thence S. 0015' E., 261 feet to Corner No. 7 of said Elk Creek Placer, the real point of beginning; thence S. 28059' W., 154.59 feet to Corner No. 8 of said Elk Creek Placer; thence S. 9043' W., 69.24 feet; thence S. 68032' E., 94.16 feet; thence N. 0015' W., 237.94 feet to Corner No. 7 of said Elk Creek Placer, the real point of beginning, comprising 0.279 acre, more or less, within the Boise National Forest, Idaho.

The transfer and conveyance of the below described property to the United States Forest Service is hereby authorized and approved, to wit:

A tract of land lying to the south of the existing Placerville Road within the townsite of Idaho City in the SE¼NW¼ of Section 26, T. 6 N., R. 5 E., Boise Meridian. Beginning at the northwest corner of the Idaho City townsite; thence S. 0015' E., 498.94 feet to the real point of beginning; thence S. 68032' E., 220.55 feet; thence S. 620 55' E., 331.02 feet to a point being the northwest corner of Block W; thence N. 700 30' W., 530.0 feet; thence N. 0015' W., 54.86 feet to the real point of beginning, comprising 0.389 acre, more or less, with the Boise National Forest, Idaho.

Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to execute and attest a Warranty Deed, upon behalf of Idaho City, to the United States Forest Service, a copy of said deed marked exhibit "A" being attached hereto and made a part hereof by reference and attachment.

Section 3. That the transfer and conveyance to the aforementioned party of the property described in Section 1 hereof and in the Warranty Deed attached hereto, constitutes a release and relinquishment of any interests Idaho City may have in and to the aforesaid property.

Section 4. That an emergency existing thereof, which emergency is hereby declared to exist, this ordinance shall be in full force and effect immediately upon its passage and approval hereof.

PASSED by the Council of Idaho City, Idaho, this 26th day of October, 1971.

APPROVED by the Mayor of Idaho City, Idaho, this 26th day of October, 1971.

APPROVED:

MAYOR

ATTEST:

City Clerk

WARRANTY DEED

For Value Received

IDAHO CITY, a municipal corporation,

the grantor , does hereby grant, bargain, sell and convey unto

the UNITED STATES FOREST SERVICE

the grantee , the following described premises, to-wit: Boise County Idaho, to wit:

A tract of land lying to the south of the existing Placerville Road within the townsite of Idaho City in the southeast quarter northwest quarter of Section 26, Township 6 north, range 5 east, Boise Meridian. Beginning at the northwest corner of the Idaho City townsite; thence south 0°15' east, 498.94 feet to the Real Point of Beginning; thence south 68°32' east, 220.55 feet; thence south 62°55' east, 331.02 feet to a point being the northwest corner of Block W; thence north 70°30' west, 530.0 feet; thence north 0°15' west, 54.86 feet to the Real Point of Beginning, comprising 0.389 acre, more or less, within the Boise National Forest, Idaho.

TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee , that it is the owner in fee simple of said premises; that said premises are free from all incumbrances

and that it will warrant and defend the same from all lawful claims whatsoever. Dated:

ATTEST: City of Idaho City IDAHO CITY

by Nancy W. Prince by Roger D. Jackson City Clerk Mayor

STATE OF IDAHO COUNTY OF STATE OF IDAHO COUNTY OF

STATE OF IDAHO )

:ss. County of Boise )

On this 26th day of October, 1971, before me, a Notary Public in and for the State of Idaho, personally appeared Roger B. Jackson and Ruth N. Pence, known to me Mayor and City Clerk, respectively, of Idaho City, the municipal corporation whose name is subscribed to the within warranty deed, and acknowledged to me that they executed the same on behalf of said municipal corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.

NOTARY PUBLIC for Idaho Residing at Idaho City, Idaho