Georgetown Idaho

ORDINANCE NO. 96

AN ORDINANCE PROHIBITING ANY DIGGING, EXCAVATING OR ALTERATION OF ANY CITY ROADS, WITHOUT A PERMIT AND REQUIRING THE PROCUREMENT OF A PERMIT PRIOR TO DISTURBING ANY CITY ROAD SURFACE, PROVIDING FOR A RESOLUTION TO ADOPT A FEE, AND PROVIDING FOR A PENALTY FOR FAILURE TO COMPLY AND PROVIDING FOR AN EFFECTIVE DATE AND DISPENSING WITH THE REQUIREMENT FOR THREE (3) READINGS.

IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, BEAR LAKE COUNTY AS FOLLOWS:

Section 1:            From and after the effective date of this ordinance, no persons, firm, partnership, or corporation shall dig, trench, excavate, in or across, or alter, remove, or disturb the surface or shoulder of any City road within the City of Georgetown, for any purpose, without first obtaining a permit in accordance with the provisions and procedures set forth in this ordinance.

Section 2:            Any person, firm, partnership, or corporation desiring to dig, trench, excavate, in or across, or to alter, remove, or disturb the surface or shoulder of any city road shall first make a written application to the Georgetown City Council to do so on forms approved by the City Council and furnished by the City. Such application shall set forth the name and address of the applicant, the name and address of the person, firm, partnership, or corporation doing the work, the location of the proposed work, a description of the nature and extent of the work to be done, and the maximum length of time needed to complete such work. At the time of making such application, the applicant shall agree in writing to indemnify and hold free and harmless the City from any and all liability for injury to person or property arising in connection with such work, and to do such work in conformance with specifications and conditions set forth by the City.

Section 3:            If, after consideration of the information contained in the application, the Georgetown City Council is of the opinion that the proposed work would not (1) cause excessive damage to subject road resulting in unreasonably high repair costs to the city, (2) unreasonably obstruct the free flow of traffic on the subject road, or (3) either during or after the completion of the work, cause an unreasonably high risk of danger to users of the subject road, the City shall forthwith issue a permit therefore. The permit may set forth such conditions and limitations as in the opinion of the City Council are necessary to promote the health, safety and welfare of the public. As a condition to the issuance of a permit as provided, permittee shall deposit with city clerk a money deposit in an amount to be determined by the City Council by resolution for the work to be done. Said sum shall be refunded to permittee, after inspection of the work site, and City becoming satisfied that permittee has restored the subject road to as a safe and passable condition as existed prior to such work being performed thereon, which restoration shall include the proper replacement of any asphalt removed from a paved road. Should permittee fail to make the necessary and proper restoration and reparation of the road surface or shoulder, said deposit shall be forfeited by permittee. The permittee shall bear the total cost of restoring the subject City road or shoulder to as safe and passable condition as existed, prior to such work being performed thereon, whether such restoration work be performed by the applicant of the City; and if performed by the City, permittee shall reimburse the City for the necessary and reasonable costs thereof.

Section 4:            No permit shall be required hereunder for the City.

Section 5:            Violation of any of the provisions of this ordinance shall be an infraction and punishable by a fine of $300.00. Each day a party remains in violation shall be considered a separate offense.

Section 6:            If a Court of competent jurisdiction determines that any portion of the ordinance is void or otherwise unenforceable; all other provisions of this ordinance shall remain in full force and effect.

Section 7:            This ordinance shall take effect and be enforced from and after its passage and publication according to law.

Section 8:            One-half plus one of the full council votes to dispense with the requirement that this ordinance be read on three (3) separate occasions.

Regularly passed and adopted by the City of Georgetown on this __2^nd__ day of October, 2018.

CITY OF GEORGETOWN

Bear Lake County, Idaho

_______________________________

Stephan R. Waechtler, Mayor

ATTEST:

_____________________________

Lynette Smith, City Clerk

ORDINANCE NO. 93

AN ORDINANCE OF THE CITY OF GEORGETOWN, IDAHO, AMENDING ORDINANCE NO. 50 REGULATING THE PARKING OF MOTOR VEHICLES UPON CITY STREETS AND THE MANNER IN WHICH THEY CAN BE PARKED; AND PROHIBITING OBSTRUCTION OF ANY ROAD OR RIGHT-OF-WAY, OR PLACING ANY STRUCTURE, OBSTRUCTION OR MATERIAL WITHIN THE CITY RIGHT-OF-WAY; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE: AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE, AND DISPENSING WITH THE THREE READING REQUIRMENT.

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GEORGETOWN, STATE OF IDAHO, THAT ORDINANCE NO. 50 IS HEREBY AMENDED AS FOLLOWS:

Section 1. All motor vehicles shall be parked on city streets, to facilitate snow removal and/or regular City maintenance all year long, at a minimum distance of eight (8) feet from the oiled or paved surface of the street and at the furthest point from that portion of the street upon which motor vehicles travel, that point being closest to the street right of way line adjacent to adjoining private property.  Further, no person shall obstruct or cause to obstruct any City roadway or right-of-way. Also, no person shall place any structure, obstruction, or material within the City’s right-of-way for a period exceeding seventy-two (72) hours.  Existing structures such as fences already located within the right-of-way as of the date of passage of this ordinance shall be permitted. 

Section 2. For purposes of this ordinance, “motor vehicle” shall mean every vehicle intended primarily for use and operation on the public highways which is self-propelled; and every vehicle which is not driven or propelled by its own power, but which is designed either to be attached to and become a part of, or to be drawn by a self-propelled vehicle, including, but not limited to, automobiles, motorcycles, trucks, tractors, farm machinery, and wagons.

Section 3. Any vehicle parked on any city street or right of way in violation of any provisions of this ordinance may be impounded by the Mayor of the City of Georgetown, Idaho, or his designee, and the Mayor or his designee shall cause the same to be removed and stored. No person shall recover any vehicle removed pursuant to this section without first paying the cost of removal and the cost of storage to the clerk of the City of Georgetown, Idaho. Any payments required by this section shall not be construed as a penalty so as to preclude prosecution for violation of any of the provisions of this ordinance.

Section 4. In any prosecution with regard to a vehicle parked or left in a place or in a condition in violation of any provision of this ordinance, proof that the particular vehicle described in the complaint was parked or left in violation of a provision of this ordinance, together with proof that the defendant named in the complaint was at the time the registered owner of such vehicle, shall constitute prima facie evidence that the defendant was the person who parked or left the vehicle in violation of this ordinance.

Section 5. Any person, firm, or corporation violating any provision of this ordinance shall be guilty of an infraction, and shall be punished by a fine not to exceed $300.00.

Section 6. This ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.

Section 7. One half (1/2) plus one (1) of the members of the full council determine to dispose with the rule requiring three readings of the ordinance.

PASSED AND APPROVED by the Mayor and City Council of the City of Georgetown, Bear Lake County, Idaho, this __2^nd __ day of October, 2018.

______________________________

Stephan R. Waechtler, Mayor

ATTEST:

____________________________

Lynette Smith, City Clerk

October 2, 2018

Those Present: Matt Argyle, DeLoy Kunz, Greg Kunz, Marty Nate, Mayor Steve Waechtler, Maintenance Supervisor Doug Thompson, Maintenance Worker Matt Raczak, City Clerk Lynette Smith

Meeting called to order:              7:10 pm                                Invocation:         Mayor Steve Waechtler

The Council entertained a motion from councilmember Matt Argyle to approve the published agenda and was seconded by councilmember Greg Kunz. All were in favor and the motion carried the council.

Clerk Smith proceeded with reading the minutes from September 4, 2018 and councilmember Greg Kunz made the motion to accept the minutes as read with the exception of changing the leather case needed for a radio not pistol. Councilmember Marty Nate seconded the motion. All were in favor and the motion carried the council. Clerk Smith then proceeded with reading the minutes from the September 19, 2018 special meeting and councilmember Matt Argyle made the motion to accept the minutes as read. Councilmember Greg Kunz seconded the motion. All were in favor and the motion carried the council.

Clerk Smith read aloud Ordinance #93 which amends Ordinance #50 as a parking in the right-of-ways Ordinance. The council then wanted Sections 1 and 4 removed and for it to be more clear that this parking will be enforced year round and not just in the winter months. After the changes are made councilmember Marty Nate made the motion to accept the new Ordinance #93 amending Ordinance #50 and councilmember DeLoy Kunz seconded the motion. A roll call vote was taken and is as follows: DeLoy – yes, Matt – yes, Marty – yes, Greg – yes.

Ordinance #96 a digging ordinance and accompanying application form were read aloud by Clerk Smith. The council discussed setting the fee amount for boring under the road, cutting into a gravel road or cutting into an asphalt road. Once the fee has been set we will need to hold a public hearing at the next council meeting in November and pass an accompanying Resolution. Councilmember Marty Nate made the motion to set the fee at $800.00 for any digging/cutting into the existing roads to help cover the costs of repairing that road. Councilmember Matt Argyle seconded the motion. All were in favor and the motion carried. Lynette will get notices out to notify citizens of the public hearing to pass the fee for the Ordinance. Councilmember Matt Argyle then made the motion to accept the new Ordinance #96 an ordinance for digging into the existing roads. Councilmember Greg Kunz seconded the motion. A roll call vote was taken and is as follows: DeLoy – yes, Matt – yes, Marty – yes, Greg – yes.

Councilmember Marty Nate made the motion to move the next meeting in November to the 7^th due to a conflict with the office being used for the Elections on the 6^th. Councilmember Matt Argyle seconded the motion. All were in favor and the motion carried. Lynette will send out a text reminder the day of the meeting to remind all councilmembers of the change.

Councilmember DeLoy Kunz would like Officer Martinez to have his hours be more sporadic throughout the week and weekends and also requested that he be out here to patrol during the opening days of the hunting seasons.

Councilmember Matt Argyle suggested using up the rest of the police budget to purchase an AR-15 rifle to have in the police car. Officer Martinez feels this would help him be safer while doing his job or if he is called out to assist on any calls in the county or at the school. The city does own a rifle shotgun already but it does not fit in the holster installed in his car. Councilmember Matt Argyle made the motion to spend about $1200 on the purchase of an AR-15 rifle along with ammunition for the police department. Councilmember Greg Kunz seconded the motion. There were two votes in favor and two votes against the motion. Mayor Waechtler broke the tie by voting yes for the purchase of a rifle for the police department.

Police Report: There were 34 contacts for the month of September.

Maintenance Report: Doug gave his report for the month of September stating that the sewer pump station went down so they worked on getting that fixed and they have been pumping and land applying and will continue once the cows get moved and are done grazing. He has ordered enough chlorine to get through the winter months and the fence is almost finished at the spring. He and Matt made the fence very sturdy by adding cement to the posts and it should stay in place for a very long time. They turned water services on and off at a few locations. All testing samples have been returned ok. He suggested that the water tanks still need to be cleaned and he is waiting to receive back a bid for the upper prv. There is a company coming to drill a new well for the wastewater system soon just not exactly sure when but they have to do some more wells in the area and will schedule them all at the same time.

Office Business:   There were 19 delinquent water and sewer accounts for the month of September. Since it is the end of the fiscal year and there is still money in the park budget she requested for some more lights in the park since one of them she was going to order last year had sold out but it is back in stock now. Councilmember Marty Nate made the motion to purchase a reindeer barn and elf in the hay stack lights for the park for $1,700. Councilmember Matt Argyle seconded the motion. There were two votes in favor of lights and two votes against. Mayor Waechtler broke the tie and voted yes to purchase more lights for the park. Lynette will get them ordered so they are here for the Christmas lighting event.

The chair entertained a motion from Councilmember Matt Argyle for the council to approve checks and vouchers for the month of September 2018 in the amount of $18,571.77 in the general fund, $8,566.20 in the water fund, and $16,524.14 in the sewer fund, with all funds totaling $43,662.11. Councilmember DeLoy Kunz seconded the motion.  All were in favor and motion carried.

The chair entertained a motion from Councilmember Marty Nate that council adjourns from the October 2018 council meeting at 9:30 pm.  Councilmember Greg Kunz seconded the motion.  All were in favor and the motion carried the council.

Respectfully submitted,

Lynette Smith, City Clerk-Treasurer