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HomeMy Public PortalAboutMinutes_CCMeeting_10212014CITY COUNCIL MEETING OCTOBER 21, 2014 — 7:00 P.M. IONA COMMUNITY CENTER PRESENT: Mayor Brad Andersen, Council President Robyn Walker, Council Member Rob Geray, Council Member Dan Gubler, Council Member Kathy McNamara, Public Works Director Zech Prouse, Building Inspector Allen Eldridge, Treasurer Amy Sullivan, and City Clerk Julie Hammond. ABSENT: Animal Control Officer Kayla Key. VISITORS: Jolyn Louk, Ryan Walker, and Travis Holverson. Mayor Andersen welcomed everyone and Council Member McNamara led with the Pledge of Allegiance. Consent Agenda: Work & Council Minutes of September 16, 2014 had been reviewed. Council reviewed the finance reports for the period ending September 30, 2014 (100% of the fiscal year (FY) elapsed). Verification was made on the Stihl Brand Weed Trimmer. Half of the Denning Ave Waterline Extension was paid in FY14 and the remaining TMC Contract would be paid out of FY15. The General Fund Revenue was $4,000 over and $27,000 was not spent. The Water Fund Revenue ended at $313,000 with total fund expenditures at $245,000. Totals may be slightly different after journal entries have been made by the Auditor. Mayor Andersen entertained a motion. Council President Walker moved to approve the Consent Agenda as presented. Council Member Geray seconded the motion. All were in favor, motion carried. Firearms Usage 11-11-18 Discussion: Item 5j was moved up awaiting the first public hearing at 7:15 p.m. Council discussed the wording of City Code 11-11-18 Firearms Usage: No person shall discharge any firearm within the City limits or discharge any projectile into the City limits. Council didn't like the ambiguity of any projectile which could mean paint ball gun, hose, etc. Mayor Andersen suggested repealing or being more specific. Council Member Gubler and Council Member McNamara were tasked with new wording for City Code 11-11-18. Repealing 5-3-10 — Keeping of Beehives Ordinance Public Hearing — 7:15 p.m.: Mayor Andersen explained the public hearing process. Council had discussed different scenarios for the keeping of beehives and decided to repeal 5-3-10 of the City Code making it a misdemeanor to keep or maintain beehives in the City limits. Mayor Andersen opened the public portion of the hearing and asked if anyone was in favor, none; neutral, none; and opposed, none. The public portion of the hearing was closed. Council Member McNamara indicated that anyone keeping bees was probably pretty responsible. 1 Council Member Gubler stated that if a problem arose it could be handled with the nuisance laws. Council Member Gubler read the summary and moved to approve repealing section 5-3-10 Keeping of Beehives Ordinance and to dispense with the rule of reading the proposed ordinance in full and on three separate occasions. Council Member McNamara seconded the motion. Repealing Section 5-3-10 Keeping of Beehives Ordinance "Exhibit A" was approved by roll call vote: Robyn Walker: Yes Rob Geray: Yes Dan Gubler: Yes Kathy McNamara: Yes Depository Ordinance Public Hearing: Mayor Andersen reminded everyone of the public hearing process. Treasurer Sullivan explained that the ordinance updated the City's designated banks. Mayor Andersen opened the public portion of the hearing and asked if anyone was in favor, none; neutral, none; and opposed, none. The public portion of the hearing was closed. Council President Walker asked if the banks needed to be named. Council Member Geray stated that State Code requires cities to state their depositories. Council Member Gubler asked if this ordinance was necessary because they approve the bills every month. Mayor Andersen indicated that the ordinance wasn't just for Council but for the public as well. Council Member Geray suggested a change of State Code 67-1210 State Treasurer to State Code 57-127 City Treasurer. Council Member Geray read the summary and moved to approve the Depository Ordinance with the change of State Code 67-1210 to State Code 57-127 and to dispense with the rule of reading the proposed ordinance in full and on three separate occasions. Council Member Gubler seconded the motion. Depository Ordinance "Exhibit B" was approved by roll call vote: Robyn Walker: Yes Rob Geray: Yes Dan Gubler: Yes Kathy McNamara: Yes Certification of Depositories: A Certification of Depositories must be made not less than once every six months by the City Council. Council Member Geray moved to approve the Certification of Depositories "Exhibit C. Council President Walker seconded the motion. All were in favor, motion carried. Future Certification of Depositories would be approved during the Consent Agenda. 2 s Election of City Council Members Ordinance Public Hearing: Mayor Andersen reminded everyone of the public hearing process. Council Member Geray explained the ordinance was an update to align with State Code. Council had discussed the draft last month and had added the allowance to pay $40 in lieu of five petitioners as indicated in State Code Title 50. Mayor Andersen opened the public portion of the hearing and asked if anyone was in favor, none; neutral, none; and opposed, none. The public portion of the hearing was closed. Council Member McNamara read the summary and moved to approve the Election of City Council Members Ordinance and to dispense with the rule of reading the proposed ordinance in full and on three separate occasions. Council Member Gubler seconded the motion. Election of City Council Members Ordinance "Exhibit D" was approved by roll call vote: Robyn Walker: Yes Rob Geray: Yes Dan Gubler: Yes Kathy McNamara: Yes Election of Mayor Ordinance Public Hearing: Mayor Andersen reminded everyone of the public hearing process. Council Member Geray explained the ordinance was an update to align with State Code. Council had discussed the draft last month and had added the allowance to pay $40 in lieu of five petitioners as indicated in State Code Title 50. Mayor Andersen opened the public portion of the hearing and asked if anyone was in favor, none; neutral, none; and opposed, none. The public portion of the hearing was closed. Council President Walker read the summary and moved to approve the Election of Mayor Ordinance and to dispense with the rule of reading the proposed ordinance in full and on three separate occasions. Council Member Geray seconded the motion. Election of Mayor Ordinance "Exhibit E" was approved by roll call vote: Robyn Walker: Yes Rob Geray: Yes Dan Gubler: Yes Kathy McNamara: Yes Greg Hansen — Country Haven Subdivision: Mayor Andersen explained to visitors that Mr. Hansen of Rockwell Homes came to the City Work Meeting. Rockwell Homes is in a due diligence period of purchasing Country Haven Estates and would be applying for a Re -Zone and a Conditional Use Permit for Lots 1-20 of Block 2 and Lots 1-22 of Block 3. Approval of Chief of Police: The City received twelve applications for the Chief of Police position. Five qualified applicants were interviewed. One applicant stood out as being the most committed to the City. Council President Walker moved to approve Matthew Lurker as Iona's Chief of Police starting December 1, 2014. Council Member Gubler seconded the motion. All were in favor, motion carried. Approval of Kennel License — Strubel: Animal Control Officer Key reported that there had not been any complaints filed or reported on the applicant. 3 s Council Member Gubler moved to approve Lesli Strubel's Non -Commercial Kennel License. Council Member Geray seconded the motion. All were in favor, motion carried. Approval of Targhee Regional Public Transit Authority (TRPTA) Annual Support: Council Member McNamara attended TRPTA's meeting earlier today. She indicated they are doing a great job and see them regularly in the community. Council Member McNamara moved to approve annual support of $1,500 to TRPTA. Council President Walker seconded the motion. All were in favor, motion carried. Building Department — Code Related Issues: Building Inspector Eldridge was concerned about a letter received by Council last month regarding his right of entry onto property. He indicated he had stopped because a shed was placed too close to a propane tank, a safety and code issue. He stated that anytime there is a code or safety issue he has right of entry according to 2009 International Building Code adopted by the City. He spoke with the homeowner and informed her of the code violation. Council's concem was not the code but how the exchange occurred. Council Member Gubler asked if Inspector Eldridge carried a photo ID and had a procedure to follow. Inspector Eldridge and Director Prouse would get photo ID's and work together when approaching citizens. Mayor Andersen asked that any employee concerns be brought to him and the employee involved. Mayor Andersen appointed Council President Walker as Building Department Liaison. Park/Shelter/Building Use Fees Resolution Discussion: Council Member Geray presented updates to Resolution #2013-01 Shelter Rental Fees and Resolution #2009-3 Building Rental Fees. Council considered a deposit on the shelters, policing of the parks by City Council Members and the Mayor, as well as a 50% discount for Iona Residents. After discussion Council agreed the most feasible approach would be to offer Iona Residents a discount on the shelters because they already support the parks through property taxes. Council also discussed and agreed to an increase in the building rent from $35 to $40 per hour for the Multi -Purpose Hall or the City Council Room and $70 per hour for both rooms with a discount of 25% for Iona Residents. Council Member Geray moved to approve the building and shelter fees as modified. Council Member McNamara seconded the motion. All were in favor, motion carried. Review of Planning & Zoning's (P&Z's) Area of Impact Draft Letter: Council reviewed and accepted P&Z's Area Impact draft letter with the following changes: Section 9, No. 1 add or 60' with curb and gutter. Section 9, No. 10 remove R-1. 4 Solid Waste Franchise Ordinance Discussion: The Solid Waste Franchise Discussion was tabled until next month giving Council more time to review. Taxing Disparity Letter — County vs City: Council reviewed a Taxing Disparity letter drafted by Council Member Geray. Council Member Gubler was concerned about legislature's involvement when it is the City that establishes the tax. Council Member Geray indicated it would bring attention to the taxing disparity between counties and cities and hopefully promote a periodic rebalancing. Seth Griggs of the Association of Idaho Cities (AIC) was very interested in the letter. Council Member Geray may present the letter at the upcoming AIC District Meeting, Thursday, November 13th in Idaho Falls at the Hilton Garden Inn. Trunk or Treat: Mayor Andersen, Council President Walker, Treasurer Sullivan, Clerk Hammond, and members of the Mayor's Youth Advisory Council (MYAC) would be helping with Iona's Trunk or Treat on Friday, October 31, 2014 from 5:30 to 6:00 p.m. Veteran's Day Program: The Korean War is the theme for this year's Veteran's Day Program. It will be held on November 11, 2014 at the Iona City Building at 7:00 p.m. with light refreshments being served. Any suggestions for singers, opening, or closing prayers are to be directed to Council Member Geray. Council Member Gubler is available to help with the event. Reports Public: Ryan Walker was concerned with the dumping of debris in ditches that was addressed in September's Newsletter. His neighbor continues to put debris in the ditch which he has to clean out to get his water. The new Police Chief will address code enforcement as soon as he arrives. Public Works Department: Director Prouse reported he was working with City Attorney Storer on Jerry Hansen's Annexation Agreement for the property at 49th North and 55th East. If Mr. Hansen is not willing to sign and agree to the subdivision responsibilities, the City may have to de -annex the property. Director Prouse reported that a water test came back indicating coliform. The determination was the Denning Ave Extension and the hydrant flushing stirring up sediment. He is correcting the problem with the annual chlorination of the water system. The Smith-Huer Property Warranty Deed didn't include ownership of the access road to the property the City is considering purchasing for future placement of a well and/or water tank. Director Prouse is still working on a possible prescriptive easement. Building Department: Building Inspector Eldridge reported five homes in September and two so far in October. So far this year there are 33 new home permits and 66 other permits, running about 30 inspections a week since the Parade of Homes is over. 5 Letters were sent out reminding people of their permits that are ready to expire if they don't contact the Building Department for an inspection. Council: Council President Walker and Iona Elementary were concerned about overgrown weeds in the ditch between the school and Ashwood Property Owners. Director Prouse suggested 18" piping with cleanouts every 100'. Council President Walker suggested a spring and fall cleanout. Director Prouse would put it on the sterilization list. Mayor: Mayor Andersen reminded everyone of the AIC District Meeting on November 13, 2014 at the Hilton Garden Inn from 9:00 a.m. until 3:00 p.m. Meeting Adjourned 9:22 p.m. COUNCIL APPROVED: November 18, 2014 ATTEST: Juli- ammon., City Clerk s Brad Andersen, Mayor 6 s 185-07-14 ORDINANCE NO._ AN ORDINANCE OF THE CITY OF IONA, IDAHO; REPEALING SECTION 5-3-10 OF THE IONA CITY CODE PROHIBITING THE KEEPING OF BEEHIVES WITHIN THE CITY LIMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PRESERVATION OF PRIOR ORDINANCE AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, THAT: Section 1. Repeal of Section 5-3-10, lona City Code. Section 5-3-10 of the City Code of lona, Idaho, is hereby repealed. Section 2. Preservation of Prior Ordinance. The sections of the City Code repealed by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution and punishment of any person who violates such provisions prior to the effective date hereof. Section 3. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 4. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 27 day , 2014. Brad Andersen Mayor Exhibit "A" ATTEST: Julie - ammo d Ci Clerk (SEAL) STATE OF IDAHO ) )ss. County of Bonneville ) I, JULIE HAMMOND, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; REPEALING SECTION 5- 3-10 OF THE IONA CITY CODE PROHIBITING THE KEEPING OF BEEHIVES WITHIN THE CITY LIMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PRESERVATION OF PRIOR ORDINANCE AND ESTABLISHING AN EFFECTIVE DATE" Julie City ' lerk 0: WPDATANUWS2'708City orlwaWRDVA1a\Bmhive.oRD.2pai.wpdam ORDINANCE NO. 1 ss-as-1 4 AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTIONS 1-13-8 AND 1-13-11 OF THE CITY OF IONA, IDAHO, RELATING TO THE DESIGNATION OF OFFICIAL DEPOSITORIES OFTHE CITYAND INVESTMENT OF SURPLUS OR 1130 . FUNDS OF THE CITY; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Amendment of Section 1-13-8 of the Iona City Code: Section 1-13- 8 of the Iona City Code is hereby amended as follows: 1-13-8: DESIGNATION OF DEPOSITORIES: The following financial institutions are hereby designated as the official depositories of the City: Zions Bank, N.A., Bank of Commerce, Key Bank and Westmark Credit Union. Notwithstanding the foregoing, the Council may designate other depositories by ordinance or resolution. All such deposits shall be subject to the limits set forth in Idaho Code §§ 50-1013 and 67-1210. Section 2. Amendment of Section 1-13-11 of the Iona City Code: Section 1- 13-11of the Iona City Code is hereby amended as follows: 1-13-11: INVESTMENT OF IDLE FUNDS: The Treasurer is hereby authorized and empowered to invest surplus or idle funds of the City in any investment permitted by Idaho Code §§ 57-127 and 50-1013 and 67-12-1-0, and. All interest received on -a such investments, unless otherwise required by law or ordinance, shall be paid into the general fund of the City. All such deposits shall be subject to the limits set forth in Idaho Code §§ 50-1013 and 67-1210. Section 3. Methodology. Text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance or Code Section to another location is similarly shown as underlined text. Exhibit "B" Section 4. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 5. Preservation of Prior Ordinance. The sections of the City Code repealed or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution and punishment of any person who violates such provisions prior to the effective date hereof. Section 6. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this day of , 2014. ATTEST: ammond Clerk - (SEAL) Brad Andersen Mayor -2- STATE OF IDAHO ) )ss. County of Bonneville ) I, JULIE HAMMOND, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTIONS 1-13- 8 AND 1-13-11 OF THE CITY OF IONA, IDAHO, RELATING TO THE DESIGNATION OF OFFICIAL DEPOSITORIES OF THE CITY AND INVESTMENT OF SURPLUS OR IDOL-,11-&- FUNDS OF THE CITY; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE." Julie . mmo City lerk G:IWPDATAIDWS12708 City of Iona1ORM20141Deposit.Investment.ORD.cmp3v2.wpd:sm -3- olo CERTIFICATION OF DEPOSITORIES Pursuant to the provisions of Idaho Code § 57-127, the City Council of the City of Iona, Idaho, hereby certifies to the City Treasurer that the capital and surplus or reserves and unallocated or undivided earnings, as applicable, of the following public depositories of the City as of September 30, 2014, are as follows: Financial Institution* Amount of Unallocated Surplus/Reserves/Earnings Bank of Commerce $ 359,671.51 Zions Bank $ 253,114.56 Key Bank $ 210,526.36 Westmark Credit Union $ 101,984.02 Approved by the City Council on this 21st day of October , 2014, and executed by the Mayor on the 21 st_ day of October , 2014. Attest: ie Hammond City Clerk CITY OF IONA Brad Andersen Mayor * This Certification must be made not less than once every six (6) months by the City Council. G:\WPDATA\DWS\2708 City of lona MISC. \Certification of Depositories.wpd: sm Exhibit "C" so 187-09-14 ORDINANCE N0. AN ORDINANCE OF THE CITY OF IONA, IDAHO; REPEALING AND RE-ENACTING SECTIONS 1-6-10 THROUGH 1-6-12 OF THE IONA CITY CODE RELATING TO THE MANNER OF ELECTION OF CITY COUNCIL MEMBERS; ADDING NEW SECTIONS TO CONFORM TO CHAPTER4, TITLE 50, IDAHO CODE; PRESERVING PRIOR ORDINANCE; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Repeal of Sections 1-6.10 through 1-6-12, Iona City Code. Sections 1-6-10 through 1-6-12 of the Iona City Code are hereby repealed. Section 2. Re -Enactment of Section 1-6-10, Iona City Code. Section 1-6-10 of the Iona City Code is hereby re-enacted as follows: 1-6-10: DECLARATION OF CANDIDACY: Each candidate shall file a Declaration of Candidacy with the City Clerk before any Petition of Nomination is signed or circulated. Such declaration shall be in substantially the following form: DECLARATION OF CANDIDACY I, the undersigned, affirm that I am a qualified elector of the City of Iona, State of Idaho, and that I have resided in the City for at least thirty (30) days. I hereby declare myself to be a candidate for the office of City Council, for a term of four years, to be voted for at the election to be held on the day of 20 and certify that I possess the legal qualifications to fill said office, and that my residence address is Iona, Idaho, 83427. (signed) SUBSCRIBED AND SWORN TO before me this day of 20 . (seal) Notary Public for Idaho Residing: My commission expires: Exhibit "D" Section 3. Re -Enactment of Section 1-6-11, Iona City Code. Section 1-6-11 of the Iona City Code is hereby re-enacted as follows: 1-6-11: ELECTIONS AND PETITIONS FOR CANDIDACY: All elections shall be non- partisan in nature and shall be conducted in the manner provided in Chapter 4, Title 50, Idaho Code. Candidates for election to the Council shall be nominated by petition in the form provided by Idaho Code 50-407 and in accordance with this Chapter. The completed declaration of candidacy shall be accompanied by (1) a petition of candidacy signed by not less than five (5) registered qualified electors; or (2) a nonrefundable filing fee of forty dollars ($40.00) which shall be deposited in the city treasury. Section 4. Re -Enactment of Section 1-6-12, Iona City Code. Section 1-6-12 of the Iona City Code is hereby re-enacted as follows: 1-6-12: FORM OF PETITION: Petitions of Candidacy shall be in substantially the following form: PETITION OF CANDIDACY This petition must be filed in the office of the City Clerk not earlier than 8:00 a.m. on the eleventh Monday nor later than 5:00 p.m. on the ninth Friday immediately preceding election day. The submitted petition must have affixed thereto the names of at least five (5) qualified electors who reside within the City. I, the undersigned, being a qualified elector of the City of Iona in the State of Idaho, do hereby certify and declare that I reside at the place set opposite my name and that I do hereby join in the petition of , a candidate for the office of City Council member to be voted at the election to be held on the day of , 20 . Signature of Petitioner Printed Name STATE OF IDAHO County of Bonneville I, )ss. Residence Address Date signed , being first duly sworn, say: That I am a resident of the -2- State of Idaho and at least eighteen (18) years of age; that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence; I believe that each has stated his or her name and residence address correctly; and that each signer is a qualified elector of the State of Idaho, and the City of Iona. Signed: Address: SUBSCRIBED AND SWORN TO before me this day of 20 . Notary Public for Idaho (seal) Residing: My commission expires: Section 5. Adoption of Section 1-6-13, Iona City Code. A new section 1-6-13 of the Iona City Code is hereby adopted as follows: 1-6-13: SIGNATURES ON PETITION: A qualified elector may not nominate more persons than the number of seats up for election. Any signatures made in violation of this section shall be void for all petitions signed in violation of this section. Section 6. Adoption of Section 1-6-14, Iona City Code. A new section 1-6-14 of the Iona City Code is hereby adopted as follows: 1-6-14: FILING OF PETITION: The petition must be filed in the office of the City Clerk no earlier than 8:00 a.m. on the eleventh Monday nor later than 5:00 p.m. on the ninth Friday immediately preceding election day. Section 7. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 8. Preservation of Prior Ordinance. The sections of the City Code repealed or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution and punishment of any person who violates such provisions prior -3- eko to the effective date hereof. Section 9. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PA$SED BY THE COUNCIL AND APPROVED BY THE MAYOR this, t7 day of , 2014. ATTEST: ammond Clerk (SEAL) Brad Andersen Mayor -4- STATE OF IDAHO ) )ss. County of Bonneville ) I, JULIE HAMMOND, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; REPEALING AND RE- ENACTING SECTIONS 1-6-10 THROUGH 1-6-12 OF THE IONA CITY CODE RELATING TO THE MANNER OF ELECTION OF CITY COUNCIL MEMBERS; ADDING NEW SECTIONS TO CONFORM TO CHAPTER 4, TITLE 50, IDAHO CODE; PRESERVING PRIOR ORDINANCE; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE." Julie :mmond City lerk GAWPDATN1DWS1 y08 City of foninORD120141Cly Council Elactlan.ORD.v2.wpOvn -5- A ORDINANCE NO. 188-10-14 AN ORDINANCE OF THE CITY OF IONA, IDAHO; ADDING ADDITIONAL PROVISIONS BRINGING THE PROCEDURE IN THE CITY CODE FOR ELECTION OF MAYOR INTO CONFORMITY WITH RECENT CHANGES TO IDAHO CODE; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Adoption of New Sections 1-5-11 through 1-5-13, Iona City Code. Sections 1-5-12 through 1-5-13 of the Iona City Code are hereby enacted and adopted as follows: 1-5-11: DECLARATION OF CANDIDACY: Each candidate shall file a Declaration of Candidacy with the City Clerk before any Petition of Nomination is signed or circulated. Such declaration shall be in substantially the following form: DECLARATION OF CANDIDACY I, the undersigned, affirm that I am a qualified elector of the City of Iona, State of Idaho, and that I have resided in the City for at least thirty (30) days. I hereby declare myself to be a candidate for the office of Mayor, for a term of four years, to be voted for at the election to be held on the _ day of , 20_, and certify that I possess the legal qualifications to fill said office, and that my residence address is Iona, Idaho, 83427. (signed) SUBSCRIBED AND SWORN TO before me this day of , 20 . Notary Public for Idaho (seal) Residing: My commission expires: 1-5-12: ELECTIONS AND PETITION OF CANDIDACY: All elections shall be non- partisan in nature and shall be conducted in the manner provided in Chapter 4, Title 50, Exhibit "E" M Idaho Code. Candidates for election to the office of Mayor shall be nominated by petition in the form provided by Idaho Code 50-407 and in accordance with this Chapter. The completed declaration of candidacy shall be accompanied by (1) a petition of candidacy signed by not less than five (5) registered qualified electors; or (2) a nonrefundable filing fee of forty dollars ($40.00) which shall be deposited in the city treasury. 1-5-13: FORM OF PETITION: Petitions of Nomination shall be in substantially the following form: PETITION OF CANDIDACY This petition must be filed in the office of the City Clerk not earlier than 8:00 a.m. on the eleventh Monday nor later than 5:00 p.m. on the ninth Friday immediately preceding election day. The submitted petition must have affixed thereto the names of at least five (5) qualified electors who reside within the City. I, the undersigned, being a qualified elector of the City of Iona in the State of Idaho, do hereby certify and declare that I reside at the place set opposite my name and that I do hereby join in the petition of , a candidate for the office of Mayor to be voted at the election to be held on the _ day of , 20 . Signature of Petitioner Printed Name Residence Address Date signed STATE OF IDAHO ) )ss. County of Bonneville ) I , being first duly sworn, say: That I am a resident of the State of Idaho and at least eighteen (18) years of age; that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence; I believe that each has stated his or her name and residence address correctly; and that each signer is a qualified elector of the State of Idaho, and the City of Iona. Signed: Address: -2- Section 2. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 3. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. 9/1P SED BY THE COUNCIL AND APPROVED BY THE MAYOR this day of , 2014. ATTEST: (SEAL) Brad Andersen Mayor -3- STATE OF IDAHO ) )ss. County of Bonneville ) I, JULIE HAMMOND, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; ADDING ADDITIONAL PROVISIONS BRINGING THE PROCEDURE IN THE CITY CODE FOR ELECTION OF MAYOR INTO CONFORMITY WITH RECENT CHANGES TO IDAHO CODE; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE." 014 GAW PDATA\DWS12708 City of lona10RD12014Mayor Elactlon.ORD.v2.wpdom 94 Julie =mmond Ci lerk -4-