Georgetown Idaho

February 5, 2019

Those Present: Matt Argyle, Greg Kunz, Marty Nate, Mayor Steve Waechtler, Maintenance Supervisor Doug Thompson, Maintenance Worker Matt Raczak, City Clerk Lynette Smith, Deputy Clerk Amber Smith, Jeff Cundick with BLM, Lorie Hammon with J.R. Simplot, Chad Gentry with Smoky Canyon Mine, Bill Stout Project manager for BLM, Bryan Fuell District Ranger of Forest Service and about 75 residents

Meeting called to order:              7:05 pm                                Invocation:         Mayor Steve Waechtler

Presentation from BLM, Simplot, and Forest Service for the implementation of the Dairy Syncline Mine. It was proposed that Stringtown Road be the entrance to the mine. The mine would be centered right on Green Basin.  An Environmental Impact Statement has been prepared and is available to all public.  The public has until February 21^st, to submit their comments and concerns.

Some of the concerns of the public are:

• The road is too narrow to have two lanes
• The habitat of animals and protection of the crick
• Families living on Stringtown Road
• Speeding that occurs on this road
• Damage to the road from these heavy vehicles

Suggestions were made to look at using the old railroad rightaway, to get a bond to fund a full time officer, traffic lights and flashing speed signs installed, and speed bumps. Lorie assured us that they would maintain the road and install flashing speed limit signs.

This proposition is in the study stage now. They hope to have it completed by February 2020 and then Simplot would move forward with the construction afterwards.

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

Clerk Smith proceeded with reading the minutes from January 7, 219 and councilmember Matt Argyle made the motion to accept the minutes as read with,  Councilmember Greg Kunz seconded the motion. All were in favor and the motion carried the council.

The council reviewed the progress report from Sunrise Engineering.

Mayor Steve Waetchler brought up the safety of the employees being somewhere that has no service. 2 way radios were proposed and so there will be a trial with the fire department radios and then a purchase of the radios will occur.

 Police Report: There were 24 contacts for the month of January.

Maintenance Report: Doug has been busy  plowing the roads.

Office Business:   There were 20 delinquent water and sewer accounts for the month of January.  New tax forms for withholding were given to each councilmember.

The chair entertained a motion from Councilmember Matt Argyle for the council to approve checks and vouchers for the month of January 2019 in the amount of $13,601.40 in the general fund, $19,238.74 in the water fund, and $64,190.88 in the sewer fund, with all funds totaling $97,031.02. Councilmember Marty Nate seconded the motion.  All were in favor and motion carried the council.

The chair entertained a motion from Councilmember Matt Argyle that council adjourns from the February 2019 council meeting at 9.10 pm.  Councilmember Greg Kunz seconded the motion.  All were in favor and the motion carried the council.

Respectfully submitted,

Amber Smith, Deputy Clerk

Proposed Dairy Syncline Mine and Reclamation Plan

Draft Environmental Impact statement

Comment Form

COMMENT FORM

Informed decisions are better decisions: The Bureau of Land Management and U.S. Forest Service believe

that extensive involvement will serve to improve communication, develop enhanced understanding of

different perspectives, and identfty solutions to issues and problems. We look forward to hearing from you!

Where to provide comments: Submit this form at a public meeting, mail it in using the address on reverse,

upload comments to https://go.usa.gov/xUjcA, or email comments to: blm_id_dairysynclineeis@blm.gov by

February 21, 2019.

Name: __________________________________ County: _____________________________

Title: ___________________________________ Organization: _________________________

Mailing Address: ______________________________________________________________

City: ___________________________________ State: ___________ Zip: ________________

Email: _____________________________________________________________________

Date: _________________________ Meeting Location (if applicable): ______________________

口please check box if you do NOT want your name released when comments are made public (See note).

□ please check box if you want to receive notice of availability of the Final Environmental Impact Statement.

COMMENT (use back side if you need additional space or attach additional sheets)

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

Note. Comments – including names, street addresses, e-mail addresses, and phone numbers (if provided) of respondents – will be available for public review at the BLM Pocatello Field Office during regular business hours at 4350 Cliffs Drive, Pocatello, ID 83204. While you can ask us in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so.

Thank you for your comment!

To return via mail:

Please mail to:

Dairy Syncline Mine and Reclamation Plan Draft EIS

c/o Stantec Consulting Services Inc.

3995 South 700 East, Suite 300

Salt Lake City, UT 84107

Please postmark by: February 21, 2019

Dairy Syncline Mine How to Make Comments

Proposed Dairy Syncline Mine and Reclamation Project

Draft Environmental Impact Statement

How to Comment

Comments must be submitted or postmarked by February 21, 2019,

Comment Forms:

Comment forms are available at this meeting・ Fill one out and submit it before you leave. You may

also mail the form or a letter with your comments to the address below,

Written Comments:

Comment letters can be submitted to the BLM via the following methods –

Mail:　　Proposed Dairy Syncline Mine and Reclamation Plan Draft EIS

C/o Stantec Consulting Services Inc.

3995 South 700 East, Suite 300

Salt Lake City, UT 84107

Email :　blm_id_dairysynciineeis@bIm.gov

Upload: https://go.usa.gov/xUjcA

How to Make Your Comments Most Effective:

After reviewing the Draft EiS, Please consider the following as you provide your comments:

● identify specific information that shouId have been conside「ed du血g皿e EiS p「ocess

. Identify e「rors in the analysis and/o「 points that are not clea「 in the document

・ Offe「 a specific idea ofhowto add「ess a pa軸Cuiar concem

・ Provide spec胴c informatfon about how a particular eiement ofthe project wouId affect you

●　Speak to a prQject team membe白fyou have any questions on prQject information

Response to Comments

The BLM may 「espond to comments by:

・ Modifying the p「oposed adion or altematives

●　DeveIoping and evaIuating a看tematives not previousIy given serious ∞nSideration

・ SuppIemen軸gタimproving, Or mOdifying the EIS anaIysis

・ Making factual corrections

丁he pertion of the proposed p「Qject reiated to USFS speciai use autho zations fo「 o冊Iease activities is subject to the

Objection process pursuant to 36 CFR 218 Subparts A and B and 36 CFR 219 Subpart B. On看y those who provide

COmment du血g皿S comment Peried o「 who have p「eviously submitted spec師c w珊en comments on the prQject, e肌e「

du血g scoping o「 othe「 designated oppo両面y fo「 pubiic comment, will be eiigibIe as oPjecto「s (36 CFR 218.5 and

219.53). BLM appeai pro∞dures found in 43 CFR Part 4, Subpart E apply to the po軸On Of the prQject reiated to the

Fede「al minera=ease(S).

January 7, 2019

Those Present: Matt Argyle, DeLoy Kunz, Greg Kunz, Mayor Steve Waechtler, Maintenance Supervisor Doug Thompson, Maintenance Worker Matt Raczak, City Clerk Lynette Smith, Deputy Clerk Amber Smith, Ethan DeClark and Zach DeClark attending for Scouts requirement

Meeting called to order:              7:15 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 December 4, 2018 and councilmember Greg Kunz made the motion to accept the minutes as read with. Councilmember DeLoy Kunz seconded the motion. All were in favor and the motion carried the council. Clerk Smith then proceeded with reading the minutes from the December 18, 2018 planning and zoning committee meeting and councilmember Matt Argyle made the motion to accept the minutes as read and councilmember Greg Kunz seconded the motion. All were in favor and the motion carried the council.

There was nothing to update regarding the water project other than that Doug marked where the water lines were from 4^th Street to 2^nd Street and all behind the school and along East Street for Sunrise Engineering.

Mayor Waechtler, Councilmember Marty Nate and Clerk Smith interviewed five applicants for the clerk position while Lynette is gone on maternity leave. Three of the applicants were from Georgetown and two were from Montpelier. All had great qualities but in the end it was decided to hire Amber Smith to fill in. After training for the month with Lynette, she will change the office hours to Mondays and Tuesdays from 12:30 – 5:00. Her hours will be posted on the door and at the post office so all citizens are aware.

Councilmember Greg Kunz mentioned that there are still some people that are plowing their driveways and taking the snow across the road which creates bumps along Stringtown. He would like for Officer Martinez to deliver some warnings to those people. If citizens insist on moving their snow across the road then they need to clean up all the leftovers after so there isn’t snow or bumps left behind. He also asked if the oil has been ordered from the County to get Stringtown fixed this summer and Doug said he has spoken with Greg Skinner at the County and was told to remind again in March when they are ordering for the year. It was mentioned to have Doug and Matt go around with the Young Men sometime this month to clean the snow out and around the fire hydrants.

Police Report: There were 28 contacts for the month of December.

Maintenance Report: Doug gave his report for the month of December stating that they found out the cause for the sander continually blowing up and have fixed that for the future. He marked some places for Dig Line and assisted with a water repair at Anthony Valles home at 568 Main St. The water line won’t shut off so Doug advised them to wait to do the repair in the spring. He has been plowing the roads and has used three loads of sand. They continue to add chlorine to the chlorinator and check on that weekly. He got everything ready for Keller Associates to prepare the year-end report due by the end of the month to DEQ for the land app site as well.

Office Business:   There were 20 delinquent water and sewer accounts for the month of December. The website has been updated with all Ordinances and Resolutions listed in their right tabs and councilmember pictures are updated as well. Still need to get pictures of DeLoy and Officer Martinez. The office did receive $1,000 for the walk-a-thon that Mayor Waechtler participated in last fall. The printer has been giving us the fits the last couple weeks so a portion of that money may be going to replace the printer!

The chair entertained a motion from Councilmember DeLoy Kunz for the council to approve checks and vouchers for the month of December 2018 in the amount of $15,489.16 in the general fund, $6,637.44 in the water fund, and $16,060.26 in the sewer fund, with all funds totaling $38,186.86. Councilmember Matt Argyle seconded the motion.  All were in favor and motion carried the council.

The chair entertained a motion from Councilmember Matt Argyle that council adjourns from the January 2019 council meeting at 8:15 pm.  Councilmember Greg Kunz seconded the motion.  All were in favor and the motion carried the council.

Respectfully submitted,

Lynette Smith, City Clerk-Treasurer

December 18, 2018 – Planning & Zoning Committee Meeting Minutes

Those Present: Matt Argyle, Sherilyn Christensen, Suzann Parrish, Erik Christopherson and Jordan Rasmusson. Councilmember Marty Nate was excused due to her husband having surgery.

Meeting called to order:              7:00 pm

The committee had an informal meeting to review the expectations of the committee. Everyone received copies of the City’s healthblog247.com/using-phentermine-weight-loss/ Comprehensive Plan and Ordinance #27 the Planning & Zoning Ordinance to take home and study. The committee will review and update both the comprehensive plan and the planning and zoning ordinance to accommodate the needs of our community and keeping up-to-date with changes of a growing community.

Meeting was adjourned around 8:00 pm.

Respectfully submitted,

Lynette Smith, City Clerk-Treasurer

December 4, 2018

Those Present: Matt Argyle, DeLoy Kunz, Greg Kunz, Marty Nate, Mayor Steve Waechtler, Maintenance Supervisor Doug Thompson, City Clerk Lynette Smith, Kevin Martin of Sunrise Engineering

Meeting called to order:              7:05 pm                                Invocation:         Councilmember Matt Argyle

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

Clerk Smith proceeded with reading the minutes from November 7, 2018 and councilmember Greg Kunz made the motion to accept the minutes as read with the exception of changing councilmember Marty’s name to Nate instead of Kunz. 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 November 14, 2018 special meeting and councilmember Matt Argyle made the motion to accept the minutes as read and councilmember Greg Kunz seconded the motion. All were in favor and the motion carried the council.

Kevin Martin of Sunrise Engineering came with a basket of goodies to wish everyone happy holidays and brought a base agreement for the Mayor to sign in order to get the water project going. He also had a contract for the Mayor to sign and agreeing for Sunrise Engineering to be our engineers until both parties decide there’s a need for a change.

Councilmember Marty Nate gave a recap on the Christmas Park Lighting Event and the event was another success. It was a good night, just cold, but we had just enough food which was perfect. Santa also handed out goodies to at least 75 kids.

The next council meeting date was set for Monday, January 7^th due to conflict with the regular council meeting date being on New Year’s Day.

The council discussed giving a bonus to each employee for Christmas. Councilmember Marty Nate made the motion to give Doug, Matt, Lynette and John a Christmas bonus of $250.00 each. Councilmember Matt Argyle seconded the motion. All were in favor and the motion carried the council.

Councilmember DeLoy Kunz asked for there to be a paragraph added in the annual Christmas letter reminding citizens to be aware of Ordinance #58 which prohibits anyone from pushing snow from their driveways out onto the streets or across the road.

Councilmember Matt Argyle would like to see the website be updated with councilmember pictures. Lynette will get in touch with Roland Smith again to see where we’re at on that. He also mentioned he would like everyone to keep their eyes open for a snow plow to go on the front of the service truck and then could keep this truck to be a plow and sander truck specifically after we upgrade the service truck.

Councilmember Marty Nate reported that we have been awarded a grant from the Emergency Relief Funding to chip and seal Stringtown in the amount of $50,000.00. The money and project must be used and completed by October 30, 2019. We will need to start a separate account to keep track of the hours, expenses, etc related to the project and be able to show that we have spent at least 10% which is $5,000 of our own money. Marty has also organized a Planning & Zoning committee consisting of her and councilmember Matt Argyle, Suzann Parrish, Sherilyn Christensen, Erik Christopherson and Jordan Rasmusson. The committee will be reviewing the comprehensive plan as well as updating the Planning & Zoning Ordinance particularly pertaining to increasing new homes lot sizes.

Police Report: There were 29 contacts for the month of November and he has been handing out a few warnings for parking violations pertaining to the new Ordinance.

Maintenance Report: Doug gave his report for the month of November stating that they have been doing some snow plowing and spent most of the month putting up lights in the park. They have been adding chlorine to the chlorinator for the water and all samples have been good. Matt is at school today in Pocatello and will be there through Thursday.

Office Business:   There were 21 delinquent water and sewer accounts for the month of November. The office will be closed tomorrow December 5^th since President Trump declared it as a Federal Holiday in honor of President Bush’s funeral and she will be gone on the 6^th so the office will be closed the rest of the week.

The chair entertained a motion from Councilmember Matt Argyle for the council to approve checks and vouchers for the month of November 2018 in the amount of $13,798.77 in the general fund, $6,997.27 in the water fund, and $24,148.51 in the sewer fund, with all funds totaling $44,944.55. Councilmember Greg Kunz seconded the motion.  All were in favor and motion carried.

The chair entertained a motion from Councilmember Greg Kunz that council adjourns from the December 2018 council meeting at 8:30 pm.  Councilmember DeLoy Kunz seconded the motion.  All were in favor and the motion carried the council.

Respectfully submitted,

Lynette Smith, City Clerk-Treasurer

November 14, 2018 – Special Meeting

Those Present: Matt Argyle, DeLoy Kunz, Greg Kunz, Marty Nate, Mayor Steve Waechtler, City Clerk Lynette Smith

Meeting called to order:              7:05 pm                                Invocation:         Mayor Steve Waechtler

The council entertained a motion from councilmember Marty Nate the council accepts the published agenda. Councilmember Matt Argyle seconded the motion. All were in favor and the motion carried.

Councilmember Greg Kunz made the motion to leave the regular meeting and move into the public hearing for the purpose of passing Resolution #2018-002 and setting the fee for the road crossing permit at $800. Councilmember DeLoy Kunz seconded the motion and a roll call vote was taken and is as follows: DeLoy – yes, Matt – yes, Marty – yes, Greg – yes.

Resolution #2018-002 was read in its entirety by Mayor Steve Waechtler. The council also reviewed Ordinance #96 and the accompanying form that is related to the Resolution. Clerk Smith also reported that the office had not received any comments either written or verbally pertaining to the fee for the Resolution and there was no presence from the public for any input.

Councilmember Matt Argyle made the motion to leave the public hearing and move back into the regular meeting. Councilmember Marty Nate seconded the motion and a roll call vote was taken and is as follows: DeLoy – yes, Matt – yes, Marty – yes, Greg – yes.

Councilmember DeLoy Kunz made the motion to accept Resolution #2018-002 which sets the fee for the road crossing permit at $800. Councilmember Matt Argyle seconded the motion and a roll call vote was taken and is as follows: DeLoy – yes, Matt – yes, Marty – yes, Greg – yes.

The chair entertained a motion from Councilmember Marty Nate that council adjourns from the November 2018 Special Meeting at 7:25 pm.  Councilmember DeLoy Kunz seconded the motion.  All were in favor and the motion carried the council.

Respectfully submitted,

Lynette Smith, City Clerk-Treasurer

November 7, 2018

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

Meeting called to order:              7:05 pm                                Invocation:         Mayor Steve Waechtler

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

Clerk Smith proceeded with reading the minutes from October 2, 2018 and councilmember Greg Kunz made the motion to accept the minutes as read with the exception of changing the gun the City owns to shotgun and not rifle. Councilmember DeLoy Kunz seconded the motion. All were in favor and the motion carried the council.

Kevin Martin from Sunrise Engineering came before the council to present some options for the water project and handed out a sheet to each member to explain the project costs and a schedule of how we want to break up the production. Schedule 1 starts the project and application process now and Schedule 2 basically holds off for a year until we can be sure to get the bond passed at the next election and move forward from there. Marty would also like to have it checked into about doing East Street behind the church and to those homes by ourselves before the bond election and what all that would entail. Councilmember Marty Nate made the motion to move forward with Schedule 1 and get moving along. Councilmember DeLoy Kunz seconded the motion. All were in favor and the motion carried the council. Councilmember Marty Nate also made the motion to have the Mayor sign any agreements with Sunrise that comes in between council dates and needs to be signed in a timely manner. Councilmember Greg Kunz seconded the motion. All were in favor and the motion carried the council.

The Christmas Park Lighting Event date was set for November 26^th at 6:00 pm. This year we will have sloppy joe’s and chips instead of chili. We will still have hot dogs, hot chocolate and s’mores. Marty will get the treats together for Santa and Lynette will get Santa scheduled and flyers posted and over to the school.

Ordinance #96 a digging ordinance will be discussed next week at the Public Hearing Special Meeting when we pass the Resolution and accompanying $800.00 fee for digging/cutting into the existing roads to help cover the costs of repairing that road.

Councilmember DeLoy Kunz is concerned that Ordinance #93 was not printed and passed correctly. The wording in Section 1 in the first sentence about vehicles shall be parked is confusing. Lynette will talk to Adam about how to change and will include a paragraph about the new Ordinance in the upcoming Christmas letter to make sure all citizens are aware of the new Ordinances.

Councilmember Marty Nate reported that Kevin Wells is working with some seniors at the high school for their senior project to get some diggers put together for the sand box in the park. She will get in touch with Adam about adding to the Ordinances about people living in trailer houses for extended periods of time. She reported that we were granted the Emergency Funding that she applied for back in the spring and will look into more information on how to receive the funding and how it has to be spent. She noticed that we can get rid of some files in the back while she was here helping with the elections last night and made the motion to burn and destroy the records older than seven years. Councilmember Greg Kunz seconded the motion. All were in favor and the motion carried the council. She received a bid for solar light blinds for the City Hall from a company out of Preston for $1,200. The council agreed to try and get one more bid from EZ to Plez  or somewhere to compare.

Councilmember Greg Kunz reported that he has been contacted by the County Fire Chief Mark Parker and he is interested in giving the City of Georgetown a brush truck to have out here in case of fires, if we could build a lean-to off our shed to store it under. He also learned that the money we donate to the fire department to be used for new suits and pagers will come back to be used by Georgetown volunteers.

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

Maintenance Report: Doug gave his report for the month of October stating that the water samples were tested for nitrates and nitrites and all were returned good. The fence at the spring is complete. There were three building permits issued for the month and water and sewer services were turned on and off at a couple different locations. The new well has been drilled for the wastewater system and a new heater has been installed at the pump house and they installed a new roof on the building at the lower ponds. The land app site has been winterized and they were able to trim the trees along Stringtown and dug one grave at the cemetery for Nina Weaver. Matt would like to sign up for some training in Pocatello and class is from 8-4 each day. The council approved for him to get a hotel room to stay over for the night and get per diem while he is away. It was also mentioned that we need to be looking into getting a newer service truck since this one keeps breaking down.

Office Business:   There were 13 delinquent water and sewer accounts for the month of October. She also mentioned that she will be leaving for maternity leave in February so we will need to get someone hired soon to learn the job and be here until she plans to return in June.

The chair entertained a motion from Councilmember DeLoy Kunz for the council to approve checks and vouchers for the month of October 2018 in the amount of $21,770.13 in the general fund, $8,412.58 in the water fund, and $20,095.61 in the sewer fund, with all funds totaling $50,278.32. Councilmember Greg Kunz seconded the motion.  All were in favor and motion carried.

The chair entertained a motion from Councilmember Greg Kunz that council adjourns from the November 2018 council meeting at 9:00 pm.  Councilmember Marty Nate seconded the motion.  All were in favor and the motion carried the council.

Respectfully submitted,

Lynette Smith, City Clerk-Treasurer

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