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Home My Public Portal AboutMinutes_CCMeeting_01192016" " CITY COUNCIL MEETING IONA COMMUNITY CENTER JANUARY 19, 2016 7:00 P.M. PRESENT: Mayor Brad Andersen, Council President Dan Gubler, Attorney Dale Storer, Council Member Rob Geray, Council Member Dan Garren, Public Works Director Zech Prouse, Building Inspector Allen Eldridge, Chief of Police Karl Bowcutt, Police Officer Dustin Mathie, City Clerk Shara Roberts, and Treasurer/Deputy Clerk Amy Sullivan. ABSENT: Council Member Kathy McNamara, Public Works Laborer Bryce Stucki, and Building Inspector Allen Eldridge. VISITORS: Ben Moon, Amy Briggs, Dana & Stephanie Izatt, Jabez Smith, Ethan Smith, Wayne Christensen, Lee Andersen. Mayor Andersen welcomed everyone and Council President Gubler led with the Pledge of Allegiance. A roll call was taken to open the meeting. Consent Agenda: Council Minutes of December 15, 2015 had been reviewed. Council reviewed the finance reports for the period ending December 31, 2015 (25% of the fiscal year elapsed). The City had $962,729.54 in the bank and routine bills had been paid. Mayor Andersen entertained a motion. Council Member Geray moved to approve the consent agenda as presented. Member Garren seconded the motion. All were in favor, motion carried. Items of Business: Dana Izatt, Auditor Searle Hart & Associates: Dana Izatt, Auditor from Searle Hart & Associates, presented the annual audit report for Fiscal Year 2015 (FY2015). He referenced page 30 of the report that outlines the budget actual for the City. It was budgeted to spend $817,780 and the City spent approximately $700,000. Mr. Izatt commented that represented a good variance. He noted in the Management Report the same finding as last year that there is $249,512 not covered by the Federal Deposit Insurance Corporation (FDIC). Additionally, the City needs to make sure all forms (I-9's, W-4's) are in the personnel files and updated each year. Mayor Andersen inquired if overall the City is on track with revenue vs. expenditures. Mr. Izatt expressed the City was doing well and recommended continuing to keep track of where the City is at, where the City wants to go, and how to fund the growth. Mayor Andersen entertained a motion. Council Member Geray moved to approve the audit as presented by Searle Hart & Associates. Council President Gubler seconded the motion. The FY2015 audit was approved by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Absent " s " Swear -in Recently Elected Officials Council Members Dan Gubler and Rob Geray: Clerk Roberts swore -in recently elected officials; Council President Dan Gubler, and Council Member Rob Geray, Exhibit A. Raising the Monthly Water Rate Public Hearing 7:15 pm: Mayor Andersen explained the public hearing process, and presented the reason behind the proposal. He explained the last time the City raised the water rate was in May of 2008, nearly 8 years ago. The City has calculated what it costs to maintain the system per connection and is showing it costs approximately $25.19 per connection just to break even. The City is proposing the increase to not only help cover maintenance costs of the water system, but to cover costs for the new employee that was hired this past year. Additionally, the City's water system is in need of enhancements to handle the growth of Iona. Mayor Andersen closed by explaining in order to avoid having to borrow money from the bank the City would like to increase the savings to be able to fund these projects. Mayor Andersen opened the public portion of the hearing; those in favor, two; neutral one; opposed, none. Ethan Smith located at 3436 Dayton Road expressed he was in favor of the increase because he feels it is reasonable. However, he inquired when the residents of Iona can expect another increase. Mayor Andersen stated his question would be addressed during the Council discussion. Lee Andersen located at 4910 Camas Creek Circle expressed he was in favor of the increase as it is well justified and it's a wise decision for the City to invest in the water system as it is so important to everything the City and residents do. Mayor Andersen read a public comment submitted by Bryce Contor located at 5223 Steele Avenue for the record, Exhibit B. Mayor Andersen closed the public portion. Mayor Andersen opened the Council discussion in regards to Mr. Smith's question about future increases. He explained the Council hasn't discussed or decided how often increases would occur. He has received public feedback where residents expressed to him they would rather see 1%, 2%, or 3% increases each year instead of larger jumps every 8 years. Council President Gubler suggested perhaps adopting it through ordinance bi-annually that the Council revisit the water rate and gauge where the City is at so it is not arbitrary and is based on a schedule. Mayor Andersen requested City Attorney Dale Storer research a reasonable connection fee if the City decided to raise the hook up fee from $3,000 to somewhere between $4,000 - $5,000. Attorney Storer explained the hook up fee should be treated as a system buy in fee. He recommended an engineer look at the value of the system, and premise the fee increase based on the engineer's findings. 2 " " Council Member Garren explained the written comment submitted by Mr. Contor was fairly accurate. The City does not want to take in more money than it costs to run the system, but recognizing a little bit of cushion for funds if there was an emergency situation is critical. He supports Council President's Gubler suggestion of reevaluating things periodically. Council Member Geray expressed his philosophy lines up with Council Member Garren's. He explained these decisions being made are responsible. The City is a business to a certain degree, but is certainly not here for profit. Council President Gubler commented he had one concern. He explained there are very few individuals who live outside the City's limits who, according to the current City Code pay a percentage greater than the residents inside City limits. The majority of those individuals are on a fixed income, and are retired. He inquired if it would be reasonable to consider amending the City Code to reduce it to $30.00 for individuals living outside of the city limits. Mayor Andersen entertained a motion. Council President Gubler moved to approve increasing the water rate to $30.00 a month and residents outside of city limits pay the same rate as residents within city limits. Council Member Garren seconded the motion. Council Member Geray noted that it was not an approvable motion based on current City Code. Council President Gubler explained they would need to vote on it as it was already entertained, and then do another motion. The motionto increase the monthly water rate to $30.00 and residents outside of city limits pay the same rate as residents within city limits was dispproved by a roll call vote: Council Member Geray: No Council Member Gubler: No Council Member Garren: No Council Member McNamara: Absent Mayor Andersen entertained a motion. Council President Gubler moved to approve increasing the water rate to $30.00 a month. Council Member Garren seconded the motion. The approval to increase the monthly water rate to $30.00 was approved by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Absent Council President Gubler requested a work item for next month to revise the City Code to reduce individuals outside of the city limits to pay the same rate of $30.00 a month. Mayor Andersen entertained a motion. Council Member Geray moved to approve increasing the water rate to $30.00 a month effective as of February 1, 2016. Council President Gubler seconded the motion. The approval to increase the monthly water rate to $30.00 effective as of February 1, 2016 was approved by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Absent Amending Section 6-4-10 Establishing Construction Standards for the Installation of Mailboxes: Council Member Geray commented it wasn't clear to him a grandfather clause had 3 e been included as discussed. Attorney Storer referenced to section (G) as the grandfather clause which outlines all existing mailboxes must be brought into conformity with the provisions of the ordinance within ninety (90) days. He furthered explained this only applies to mailboxes that are in the public right away, if a mailbox is on private property it doesn't regulate them, Exhibit C. Public Works Director commented the main focus of the ordinance is materials of construction and addressing placement of mailboxes in the City. He is concerned there are approximately 14 masonry constructed mailboxes that cost between $500 to $1,000 and if the ordinance was passed as written they would have to remove them and be in compliance within 90 days. Attorney Storer inquired if the Council would like to eliminate the requirement for the mailbox to be put on the property line. Council Member Geray acknowledged that was correct and explained the language needed to be revised to be more relaxed regarding the placement. He reiterated as long as the mailbox isn't a safety hazard or interferes with snow removal and is constructed of reasonable materials it shouldn't be an issue. Attorney Storer will make the revisions as discussed, and bring it back to City Council in February. Repealing Sections 1-12-2 through 1-12-12 Relating to the Time Frames for Exercise of the Initiative and Referendum Right; Adopting New Sections 1-12-1 through 1-12-4 Ordinance: Attorney Storer explained that the legislature changed the initiative statute last year as of July 1, 2015 to be uniform state wide. Repealing sections 1-12-2 through 1-12-12 and adopting new sections 1-12-1 through 1-12-4 is simply bringing it into conformity with Idaho State Statutes, Exhibit D. Mayor Andersen entertained a motion. Council Member Geray moved to approve an ordinance for the City of Iona Code repealing sections 1-12-2 through 1-12-12 and adopting new sections 1-12-1 through 1-12-4 relating to the time frames for exercise of the initiative and referendum right and to dispense with the rule of reading the proposed ordinance in full and on three separate occasions. Council Member Garren seconded the motion. Ordinance was approved by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Absent State of the City Address: Mayor Andersen highlighted 2015 in his State of the City Address, Exhibit ` E." Introduction of New Police Officer — Dustin Mathie: Mayor Andersen introduced new hire Officer Dustin Mathie. Mayor Andersen explained once Officer Mathie becomes Peace Officer and Standards Training (POST) certified they will swear him in officially. Easter: Mayor Andersen reported this was discussed during the work meeting and it was determined that it would be March 26, 2016 at 10:00 am with the City serving hot chocolate. Council Member McNamara is assigned to assist Treasurer Sullivan with the event. 4 " " Alleyway Discussion: Mayor Andersen reported this was discussed during the work meeting and was tabled until further details can be gathered from Clerk Roberts at the next Planning and Zoning meeting. Discussion and Approval of Ralph Steele Property: Mayor Andersen reported this was approved by City Council in November to start the negotiations to purchase this land. Council advised the Mayor to offer $25,000 as a starting price. The seller was not pleased with the starting offer. Mayor Andersen entertained a motion. Council Member Geray moved for the City to offer $35,000 with the possibility of naming the property in remembrance of Ralph Steele or at an alternative pricing of $38,000 with no commitments. Council Member Dan Garren seconded the motion. Approval to move forward on negotiations for the land acquisition was approved by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Absent Approval of Ferguson Contract: Public Works Director Prouse explained the purpose of the contract is for the use of the utility easement and access road for the new tank site at a cost of $6,000 per owner (Ferguson, Wilde) for a total cost of $12,000, Exhibit "F." Approval of the Department of Energy Contract: Attorney Storer noted the agenda should have had the Department of Energy contract for approval and could be added as long as it was explained why it was left off of the agenda, Exhibit "G." Council President Dan Gubler moved to add to the agenda the Approval of the Department of Energy (DOE) Contract as it was inadvertently left off of the agenda. Council Member Dan Garren seconded the motion. All in favor, motion carried. Public Works Director Prouse explained the purpose of the contract was the agreement to use the utility easement and access road for the tank site. Mayor Andersen entertained a motion. Council Member Dan Garren moved to approve the Ferguson Contract, Department of Energy Contract, the Wilde Contract, and authorize the Mayor and Clerk to sign. Council President Gubler seconded the motion. Approval was taken by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Absent Approval of Wilde Contract: Public Works Director Prouse explained the purpose of the contract is for the use of the utility easement and access road for the tank site. Cost is $6,000 per owner (Ferguson, Wilde) for a total of $12,000, Exhibit "H." 5 Approval of Smith Contract: Public Works Director Zech Prouse explained the contract was a purchase agreement for a 1 acre lot on the Smith property for $26,000 which includes a 1 inch service connection, Exhibit "I." Mayor Andersen entertained a motion. Council Member Geray moved to approve the purchase of the 1 acre Smith property for $26,000 and includes a 1 inch connection. Council President Gubler seconded the motion. The land acquisition was approved by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Absent Discussion and Update on Water Rights: Mayor Andersen provided an update on where the City was at in regards to acquiring additional water rights. The seller informed the Mayor he would sell it to the City for $6,100 per inch which jumps the price up to nearly $500,000. Mayor Andersen mentioned that Panorama Hills Water Association may have additional water rights they would be willing to sell to the City. Council President Gubler recommended pursuing a discussion with Panorama. Additionally, he recommended having another conversation with the seller to identify a firm total price instead of a price per inch. Discussion and Update on Survey for Idaho Community Block Grant: Mayor Andersen reported he signed the contract this last week to begin the survey for the Idaho Community Block Grant. It requires a 75% return rate to be valid, and will take less than 2 weeks. Reports: Mayor Andersen reported on the concerns with the Stanger Building Lease. Public Works Director Prouse is concerned they are not contacting the City for requests regarding repairs and refurbishments. Attorney Storer recommended pulling the lease from the City files. Chief of Police Karl Bowcutt reported officers started doing daily logs, and have posted a schedule in the City office. The schedule ensures there is coverage 7 days a week and includes nights and weekends. Council President Gubler reported a new fire station was being built, and one of the trucks owned by the City needs replaced. Council Member Geray entertained a motion to adjourn. Council Member Garren seconded the motion. Meeting adjourned at 9:10 p.m. 6 " " COUNCIL APPROVED: February 16, 2016 ATTEST: Shara Roberts, City Clerk Brad Andersen, Mayor 7 City of Iona Finance Worksheet - Banks Page: 1 Period: 12/15 Jan 12, 2016 12:52PM Report Criteria: Print Source Titles Total by Source Print Department Titles Total by Department All Segments Tested for Total Breaks [Report].Account Number ="011050""101175""101221""101231""101241""511200""511210""511222""511232""511252""101242""511211" Prior month 2 Prior month 2015-15 Current year Account Number Account Title Actual 01-1050 CHECKING - COMMERCE BANK 49,363.95 85,985.54 97,416.14 10-1175 INVESTMENTS -COMMERCE -GENERA 83,617.57 83,623.07 48,628.60 10-1221 ZIONS - GENERAL CD 58,281.08 58,301.66 58,322.24 10-1231 KEY BANK GENERAL - CD 157,929.04 157,931.63 157,934.32 10-1241 WELLS FARGO—GENERAL .00 .00 .00 10-1242 WESTMARK CD —GENERAL 51,038.75 51,038.75 51,038.75 51-1200 INVESTMENTS -COMMERCE WATER 267,712.78 267,730.38 247,748.48 51-1210 WELLS FARGO-WATER SVGS .00 .00 .00 51-1211 WESTMARK CD -WATER 52,998.05 52,998.05 52,998.05 51-1222 ZIONS - WATER SVGS- CD 43,966.49 43,982.02 43,997.56 51-1232 KEY BANK WATER - CD 52,643.01 52,643.87 52,644.77 51.1252 ZIONS BANK --WATER SAVINGS 151,893.34 151,946.98 152,000.63 Net Grand Totals: 969,444.06 1,006,181.95 962,729.54 i1 City of Iona Check Register - Iona Page: 1 Check Issue Dates: 12/1/2015-12/31/2015 Jan 12, 2016 12:41 PM Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Payee Description GL Account Amount 12/15 12/01/2015 13606 2-Glock 21 45 Caliber W/N sight 12/15 12/07/2015 13820 MAILING WATER STATEMENTS 12/15 12/14/2015 13622 Design & install vinyl on Police Tr 12/15 12/14/2015 13623 Blk. 3" nerf bars, 60" chest box, 1 12/15 12/14/2015 13624 Sanding material -roads 12/15 12/14/2015 13625 CONTRACT SUPPORT 12/15 12/14/2015 13626 Service 2006 GMG 4TireS 12/15 12/14/2015 13627 UTILITY LOCATOR 12/15 12/14/2015 13628 Work clothing 12/15 12/14/2015 13629 New Lights -GYM 12/15 12/14/2015 13630 Water meter box 12/15 12/14/2015 13631 DUES FOR ID CHIEFS OF POLI 12/15 12/14/2015 13632 Natural gas 12/15 12/14/2015 13633 Misc. supplies & Fuel 12/15 12/14/2015 13634 Dump Truck part 12/15 12/14/2015 13635 Office PC's backup 12/15 12/14/2015 13636 500 Dispoz-A-Scoops 12/15 12/14/2015 13637 W-2's4Office Sap piEeS 12/15 12/14/2015 13638 PH -Patios Home/recreational vehi 12/15 12/14/2015 13639 Garbage pick up 12/15 12/14/2015 13640 Radio battery 12/15 12/14/2015 13641 BUILDING INSPECTION FORMS 12/15 12/14/2015 13642 Cell phones 12/15 12/15/2015 13643 Gift cards for P&Z/help 12/15 12/21/2015 13652 Mechanical Inspections 12/15 12/21/2015 13653 Yc;►n,buorse Mont- AR AC 12/15 12/29/2015 13658 Prepare, train -New website projec 12/15 12/29/2015 13659 Membership Dues 12/15 12/29/2015 13660 QRTLY RETAINER SERVICES 12/15 12/29/2015 13661 Internet 12/15 12/29/2015 13662 Tools 12/15 12/29/2015 13663 Service 2006 GMC- PAY.# 12/15 12/29/2015 13664 Pipe fittings 12/15 12/29/2015 13665 Police equipment 12/15 12/29/2015 13666 TELEPHONE 12/15 12/29/2015 13667 City Attorney Retainer fees 12/15 12/29/2015 13668 Flourescent bulbs 12/15 12/29/2015 13669 Orange flags 12/15 12/29/2015 13670 Design Services 10% 12/15 12/29/2015 13671 Tools 12/15 12/29/2015 13672 Office supplies 12/15 12/29/2015 13673 Tune up Husquavarna 12/15 12/29/2015 13674 Boomlift Trimming Trees & repair 12/15 12/29/2015 13675 Street Lights -A t I i7o W a y' 12/15 12/30/2015 13676 Water tests 12/15 12/30/2015 13677 UNITED MAILING DIRECT 'Pace tus-4045'4-Maps for P&Z 4 code, coptes 12/15 12/30/2015 13678 WAXIE SANITARY SUPPLY CLEANING SUPPLIES 12/15 12/30/2015 13679 WEX BANK hi;ce $ 254• I Public Works -Fuel 4 00. sg WINDER'S WHOLESALE USPS ALPHAGRAPHICS AUTO TRIM DESIGN BONNEVILLE COUNTY ROAD & BRIDGE CASELLE, INC. COMMERCIAL TIRE DIGLINE, INC. EDGE CONSTRUCTION SUPPLY, INC. ELECTRICAL SUPPORT SERVICES, LLC H.D. FOWLER CO. IDAHO CHIEFS OF POLICE ASSOC. INTERMOUNTAIN GAS CO. IONA FOOD MART NAPA AUTO PARTS NETBACK, LLC PETPRO PRODUCTS, INC. & HEALTHPRO N PORTER'S OFFICE PRODUCTS POST REGISTER PSI ENVIRONMENTAL TETON COMMUNICATIONS, INC. THE UPS STORE VERIZON WIRELESS JOHNNY CARINO'S GREG MCBRIDE MATT R. LURKER AARON OATES AMERICAN WATER WORKS ASSOCIATION BONNEVILLE COUNTY PROSECUTOR'S OFF CABLE ONE C-A-L-RANCH STORES COMMERCIAL TIRE EVCO HOUSE OF HOSE FIRST RESPONDERS FREMONT COMMUNICATIONS HOLDEN KIDWELL HAHN & CRAPO P.L.L.C. HOME DEPOT CREDIT SERVICES IDAHO TRAFFIC SAFETY, INC. KELLER ASSOCIATES PARTSMASTER PORTER'S OFFICE PRODUCTS PRO EQUIPMENT SALES, LLC PRO RENTALS & SALES, INC ROCKY MTN. POWER TETON MICROBIOLOGY LAB Grand Totals: Summary by General Ledger Account Number 104690 1,200.00 514150 374.85 104690 458.98 104690 687.95 104710 2,168.00 104150 248.00 104710 766.06 514710 28.98 514710 68.90 104820 2,000.00 514710 104.12 104690 75.00 514175 1,107.27 104710 36.60 104710 42.58 104150 75.00 104710 311.12 104950 175.73 104155 31.35 104710 204.28 104690 264.65 104720 119.00 514150 244.37 104150 450.00 104720 390.00 102210 81.93 514150 1,600.00 514710 355.00 104680 300.00 104150 119.00 104710 204.66 104710 27.00 514710 46.06 104690 546.25 514150 274.58 104160 5,535.00 104710 283.61 104710 84.30 514180 11,598.00 514710 129.95 514150 62.86 104710 80.99 104730 1,272.95 104175 3,261.82 514710 75.00 104150 369.45 514710 33.50 514710 729.74 38,704.44 M = Manual Check, V = Void Check 1 DEBIT CARD PURCHASES Dates: 12/01 thru 12/31/2015 City Clerk Police Public Works City Christmas Party MYAC Christmas Recreation Equipment Domain registered Pistol holsters Parks rake parts Office PC's-AVG renewal Account Total 10-47-90 1034.23 10-47-60 15.00 10-49-60 265.00 10-41-50 5.08 51-41-50 5.09 10-46-90 170.47 10-47-10 204.09 10-41-50 25.19 51-41-50 25.20 TOTAL 1749.35 City of Iona Check Register - Iona Page: 2 Check Issue Dates: 12/1/2015 - 12/31/2015 Jan 12, 2016 12:41PM GL Account Debit Credit Proof Grand Totals: ,^ Dated: /"1 10-2010 .00 15,791.70- 15,791.70- 10-2210 81.93 .00 81.93 10-41-50 2,021.30 .00 2,021.30 10-41-55 31.35 .00 31.35 10-41-60 799.50 .00 799.50 10-41-75 956.08 .00 956.08 10-46-80 300.00 .00 300.00 10-46-90 3,650.57 .00 3,650.57 10-47-10 4,057.64 .00 4,057.64 10-47-20 542.42 .00 542.42 10-47-30 1,272.95 .00 1,272.95 10-48-20 2,000.00 .00 2,000.00 10-49-50 34.37 .00 34.37 10-49-60 43.59 .00 43.59 51-2010 .00 22,912.74- 22,912.74- 51-41-50 6,636.99 .00 6,636.99 51-41-75 3,174.09 .00 3,174.09 51-41-80 11,598.00 .00 11,598.00 51-47-10 1,503.66 .00 1,503.66 38,704.44 38,704.44- .00 Mayor: .661/7‘-(741-. City Council: Report Criteria: Report type: Summary M = Manual Check, V = Void Check CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING DECEMBER 31, 2015 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT TAX REVENUE 10-31-10 PROPERTY TAX REVENUE 3,201.13 4,576.23 244,000.00 239,423.77 1.9 TOTAL TAX REVENUE 3,201.13 4,576.23 244,000.00 239,423.77 1.9 LICENSES & PERMITS 10-32-20 BEER & DOG LICENSES .00 137.00 700.00 563.00 19.6 TOTAL LICENSES & PERMITS .00 137.00 700.00 563.00 19.6 INTERGOVERNMENTAL REVENUE 10-33-10 STATE LIQUOR TAX 13,454.00 26,908.00 78,213.00 51,305.00 34.4 10-33-20 STATE REVENUE SHARING .00 26,387.89 93,557.00 67,169.11 28.2 10-33-30 STATE HIGHWAY USERS .00 18,451.93 79,705.00 61,253.07 23.2 10-33-40 POLICE REVENUE 432.00 1,151.55 9,660.00 8,508.45 11.9 TOTAL INTERGOVERNMENTAL REVENUE 13,886.00 72,899.37 261,135.00 188,235.63 27.9 CHARGES FOR SERVICE 10-34-10 BUILDING INSPECTION FEES 470.00 20,516.80 74,000.00 53,483.20 27.7 10-34-20 CABLE TV FRANCHISE .00 1,571.00 8,700.00 7,129.00 18.1 10-34-30 NATURAL GAS FRANCHISE .00 921.62 13,000.00 12,078.38 7.1 10-34-40 POWER FRANCHISE .00 6,360.76 27,000.00 20,639.24 23.6 TOTAL CHARGES FOR SERVICE 470.00 29,370.18 122,700.00 93,329.82 23.9 OTHER REVENUE 10-36-10 INTEREST 28.80 245.24 1,300.00 1,054.76 18.9 10-36-50 BUILDING RENT 1,550.00 3,655.00 13,500.00 9,845.00 27.1 10-36-60 MYAC REVENUE .00 .00 1,000.00 1,000.00 .0 10-36-70 IONA DAY REVENUE .00 .00 2,000.00 2,000.00 .0 10-36-80 MUSEUM .00 .00 1,000.00 1,000.00 .0 10-36-90 MISCELLANEOUS REVENUE 208.39 208.39 8,000.00 7,791.61 2.6 TOTAL OTHER REVENUE 1,787.19 4,108.63 26,800.00 22,691.37 15.3 RECREATION REVENUE 10-37-50 RECREATION FEES 610.00 36,580.03 73,600.00 37,019.97 49.7 10-37-60 SHELTER RENTAL .00 15.00 1,600.00 1,585.00 .9 TOTAL RECREATION REVENUE 610.00 36,595.03 75,200.00 38,604.97 48.7 FOR ADMINISTRATION USE ONLY 25 % OF THE FISCAL YEAR HAS ELAPSED 01/12/2016 02:19PM PAGE: 1 CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING DECEMBER 31, 2015 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT EQUIPMENT REPLACEMENT 10-38-20 EQUIPMENT REPLACEMENT .00 .00 45,000.00 45,000.00 .0 TOTAL EQUIPMENT REPLACEMENT .00 .00 45,000.00 45,000.00 .0 RESERVES 10-39-50 RESERVES .00 .00 163,043.00 163,043.00 .0 TOTAL RESERVES .00 .00 163,043.00 163,043.00 .0 TOTAL FUND REVENUE 19,954.32 147,686.44 938,578.00 790,891.56 15.7 FOR ADMINISTRATION USE ONLY 25 % OF THE FISCAL YEAR HAS ELAPSED 01/12/2016 02:19PM PAGE: 2 CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING DECEMBER 31, 2015 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT ADMINISTRATION 10-41-10 PAYROLL 8,591.65 26,152.80 157,220.00 131,067.20 16.6 10-41-20 PAYROLL TAXES 907.89 2,781.90 17,750.00 14,988.10 15.6 10-41-30 RETIREMENT 1,061.20 3,099.65 18,742.00 15,642.35 16.5 10-41-40 HEALTH INSURANCE 2,147.31 5,850.69 30,000.00 24,149.31 19.5 10-41-50 OFFICE EXPENSE 2,146.49 4,339.16 15,800.00 11,460.84 27.5 10-41-55 PUBLISHING 31.35 433.52 1,500.00 1,066.48 28.9 10-41-60 LEGAL & AUDIT FEES 799.50 2,944.90 38,500.00 35,555.10 7.7 10-41-63 ENGINEERING .00 .00 14,500.00 14,500.00 .0 10-41-65 TRAINING/TRAVEL 31.01 570.59 4,500.00 3,929.41 12.7 10-41-70 INSURANCE LIABILITY .00 3,717.00 15,286.00 11,569.00 24.3 10-41-75 ELECTRICITY - NATURAL GAS 956.08 3,069.83 20,500.00 17,430.17 15.0 TOTAL ADMINISTRATION POLICE DEPARTMENT 16,672.48 52,940.04 334,298.00 281,357.96 15.8 10-46-10 POLICE -PAYROLL 9,266.40 21,232.17 100,000.00 78,767.83 21.2 10-46-20 PAYROLL TAXES 774.28 1,964.76 15,000.00 13,035.24 13.1 10-46-30 POLICE -RETIREMENT 689.06 2,236.92 15,000.00 12,763.08 14.9 10-46-40 POLICE -HEALTH INSURANCE 894.80 5,672.96 30,000.00 24,327.04 18.9 10-46-70 POLICE -TRAINING .00 861.00 10,000.00 9,339.00 6.6 10-46-80 POLICE-COUNTY/DISPATCH 300.00 10,313.65 39,000.00 28,686.35 26.5 10-46-90 POLICE -GENERAL 3,821.04 6,938.83 21,300.00 14,361.17 32.6 TOTAL POLICE DEPARTMENT 15,745.58 49,020.29 230,300.00 181,279.71 21.3 MISCELLANEOUS DEPT 10-47-10 MAINTENANCE 4,261.73 14,206.33 94,000.00 79,793.67 15.1 10-47-20 BUILDING INSPECTIONS 542.42 7,587.23 26,000.00 18,412.77 29.2 10-47-30 EQUIPMENT EXPENSE 1,272.95 1,480.52 5,000.00 3,519.48 29.6 10-47-50 CIVIL DEFENSE .00 895.00 1,000.00 105.00 89.5 10-47-60 MYAC EXPENSE 15.00 73.20 1,000.00 926.80 7.3 10-47-70 IONA DAY EXPENSE .00 679.81 5,000.00 4,320.19 13.6 10-47-80 MUSEUM EXPENSE .00 114.02 1,000.00 885.98 11.4 10-47-90 MISCELLANEOUS EXPENSE 1,071.33 1,641.65 10,000.00 8,358.35 16.4 TOTAL MISCELLANEOUS DEPT 7,163.43 26,677.76 143,000.00 116,322.24 18.7 CAPITAL OUTLAY 10-48-10 LIBRARY .00 .00 3,000.00 3,000.00 .0 10-48-20 CAPITAL IMPROVEMENTS 2,000.00 2,349.50 102,300.00 99,950.50 2.3 10-48-50 LAND ACQUISITION .00 .00 10,000.00 10,000.00 .0 TOTAL CAPITAL OUTLAY 2,000.00 2,349.50 115,300.00 112,950.50 2.0 FOR ADMINISTRATION USE ONLY 25 % OF THE FISCAL YEAR HAS ELAPSED 01/12/2016 02:19PM PAGE: 3 CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING DECEMBER 31, 2015 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT RECREATION EXPENDITURES 10-49-10 RECREATION LABOR 1,896.96 3,646.23 31,680.00 28,034.77 11.5 10-49-20 PAYROLL TAXES 145.11 278.85 4,500.00 4,221.15 6.2 10-49-50 RECREATION SUPPLIES 34.37 313.87 21,000.00 20,686.13 1.5 10-49-60 RECREATION EQUIPMENT 308.59 1,092.14 10,500.00 9,407.86 10.4 10-49-70 RECREATION MAINTENANCE .00 .00 3,000.00 3,000.00 .0 TOTAL RECREATION EXPENDITURES 2,385.03 5,330.09 70,680.00 65,349.91 7.5 EQUIPMENT REPLACEMENT 10-50-10 EQUIPMENT REPLACEMENT .00 23,062.50 45,000.00 21,937.50 51.3 TOTAL EQUIPMENT REPLACEMENT .00 23,062.50 45,000.00 21,937.50 51.3 TOTAL FUND EXPENDITURES 43,966.52 159,380.18 938,578.00 779,197.82 17.0 NET REVENUE OVER EXPENDITURES ( 24,012.20) ( 11,693.74) .00 11,693.74 .0 FOR ADMINISTRATION USE ONLY 25 % OF THE FISCAL YEAR HAS ELAPSED 01/12/2016 02:19PM PAGE: 4 CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING DECEMBER 31, 2015 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT OPERATING REVENUE 51-31-10 COLLECTIONS 18,425.72 54,817.31 251,161.00 196,343.69 21.8 51-31-30 HOOK UP FEES .00 24,000.00 81,000.00 57,000.00 29.6 TOTAL OPERATING REVENUE 18,425.72 78,817.31 332,161.00 253,343.69 23.7 INTERGOVERNMENTAL REVENUE 51-33-80 GRANTS .00 .00 253,000.00 253,000.00 .0 TOTAL INTERGOVERNMENTAL REVENUE .00 .00 253,000.00 253,000.00 .0 WATER 51-35-10 WATER SYSTEM .00 .00 280,000.00 280,000.00 .0 TOTAL WATER .00 .00 280,000.00 280,000.00 .0 MISCELANEOUS REVENUE 51-36-10 INTEREST 88.19 427.36 2,000.00 1,572.64 21.4 51-36-20 MISC REVENUE .00 .00 500.00 500.00 .0 TOTAL MISCELANEOUS REVENUE EQUIPMENT REPLACEMENT 88.19 427.36 2,500.00 2,072.64 17.1 51-38-60 EQUIPMENT RESERVES .00 .00 40,000.00 40,000.00 .0 TOTAL EQUIPMENT REPLACEMENT .00 .00 40,000.00 40,000.00 .0 RESERVES 51-39-50 RESERVES .00 .00 50,000.00 50,000.00 .0 TOTAL RESERVES .00 .00 50,000.00 50,000.00 .0 TOTAL FUND REVENUE 18,513.91 79,244.67 957,661.00 878,416.33 8.3 FOR ADMINISTRATION USE ONLY 25 % OF THE FISCAL YEAR HAS ELAPSED 01/12/2016 02:19PM PAGE: 5 CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING DECEMBER 31, 2015 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT ADMINISTRATION 51-41-10 PAYROLL 7,453.55 22,667.70 94,710.00 72,042.30 23.9 51-41-20 PAYROLL TAXES 818.52 2,488.29 11,700.00 9,211.71 21.3 51-41-30 RETIREMENT 913.98 2,658.05 12,500.00 9,841.95 21.3 51-41-40 HEALTH INSURANCE 2,147.19 6,081.83 19,540.00 13,458.17 31.1 51-41-50 OFFICE EXPENSE & LEGAL 6,743.95 11,727.93 23,990.00 12,262.07 48.9 51-41-75 ELECTRICITY & NATURAL GAS 3,174.09 9,872.91 47,400.00 37,527.09 20.8 51-41-80 ENGINEERING 11,598.00 11,598.00 50,000.00 38,402.00 23.2 TOTAL ADMINISTRATION 32,849.28 67,094.71 259,840.00 192,745.29 25.8 MISCELLANEOUS 51-47-10 MAINTENANCE & REPAIRS 1,503.66 6,444.47 46,021.00 39,576.53 14.0 51-47-20 MISCELLANEOUS EXPENSE .00 23.65 200.00 176.35 11.8 51-47-30 EQUIPMENT EXPENSE .00 .00 3,000.00 3,000.00 .0 51-47-35 EQUIPMENT RENT .00 .00 4,000.00 4,000.00 .0 TOTAL MISCELLANEOUS 1,503.66 6,468.12 53,221.00 46,752.88 12.2 CAPITAL IMPROVEMENTS 51-48-20 CAPITAL IMPROVEMENTS .00 7,241.64 570,000.00 562,758.36 1.3 51-48-30 LAND ACQUISITION .00 .00 35,000.00 35,000.00 .0 TOTAL CAPITAL IMPROVEMENTS .00 7,241.64 605,000.00 597,758.36 1.2 EQUIPMENT REPLACEMENT 51-50-10 EQUIPMENT REPLACEMENT .00 23,062.50 39,600.00 16,537.50 58.2 TOTAL EQUIPMENT REPLACEMENT .00 23,062.50 39,600.00 16,537.50 58.2 TOTAL FUND EXPENDITURES 34,352.94 103,866.97 957,661.00 853,794.03 10.9 NET REVENUE OVER EXPENDITURES ( 15,839.03) ( 24,622.30) .00 24,622.30 .0 FOR ADMINISTRATION USE ONLY 25 % OF THE FISCAL YEAR HAS ELAPSED 01/12/2016 02:19PM PAGE: 6 OATH OF OFFICE I, ,%� �,� L. hittlw , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of of the City of as Signed according to the best of my ability. Subscribed and sworn to before me this jtutud,rj. toitc . day of City Clerk Exhibit "A" Inuf 6ij,r OATH OF OFFICE , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and that I will faithfully discharge the duties of efo-tuo N of the City of according to the best of my ability. Signed Subscribed and sworn to before me this 161-frL day of iJ�ruu�_ 264 . City Clerk CITY OF IONA PUBLIC HEARING NOTICE The City of Iona’s Council has scheduled a Public Hearing on the evening of January 19, 2016 at the Iona Community Center, which is located at 3548 N Main St, Iona, ID. The purpose of the hearing is to consider increasing the monthly water service fee from $23.00 to $30.00 in the City of Iona, Idaho Written comments will be accepted up to seven days prior to the hearing. The public is invited to attend and public comment is encouraged. Any person needing special accommodations to participate in the above noticed meeting should contact the City Office the day before the meeting at 523-5600. Published: December 29, 2015 January 18, 2016 Mayor Anderson Iona City Council Water Committee Dear Mayor Anderson, Council Members and Water Committee Members: 1) Please base our water fees on the cost to operate and maintain the CURRENT WATER SYSTEM, with a prudent allowance for a sinking fund for replacement and repair of the CURRENT -SIZED SYSTEM. 2) Please DO NOT fund expansions for growth by increasing the fees for current residents. 3) Please fund ALL EXPANSIONS FOR GROWTH from connection fees and/or lump sum fees charged developers as a condition for annexation. 4) If this means that connection fees must be so high that there will be no growth, so be it. Thank you, '/' 61-tveh Bryce A. Contor 5223 Steele Avenue PO Box 94 Iona 208 6819100 Exhibit "B" ORDINANCE NO. AN ORDINANCE OF THE CITY OF IONA, IDAHO; REPEALING SECTIONS 1-12-2 THROUGH 1-12-12 OF THE IONA CITY CODE RELATING TO THE RIGHTS OF INITIATIVE AND REFERENDUM; ADOPTING NEW SECTIONS 1-12-2 THROUGH 1-12-4 RELATING TO THE TIME FRAMES FOR EXERCISE OF THE INITIATIVE AND REFERENDUM RIGHT AND ESTABLISHING LIMITATIONS UPON SUCH RIGHTS; 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 1-12-2 through 1-12-12 of the Iona City Code: Sections 1-12-2 through 1-12-12 of the Iona City Code are hereby repealed. Section 2. Adoption of Sections 1-12-2 through 1-12-4 of the Iona City Code: Sections 1-12-2 through 1-12-4 of the Iona City Code are hereby enacted as follows: 1-12-2: METHOD FOR EXERCISING INITIATIVE AND REFERENDUM: The method for exercising the right of initiative and referendum shall be as provided in Chapter 18, Title 34, Idaho Code. 1-12-3: DATE OF ELECTION: Initiative and referendum elections shall be on the date authorized under Idaho Code § 34-106(8). 1-12-4: LIMITATIONS ON RIGHT. The right of initiative and referendum shall, to the extent permitted by the Constitution and Laws of the State of Idaho, be limited solely to legislative matters and shall not be exercised to impair any vested contract or property right or deprive any person of due process of law. To the extent permitted by law, the right of initiative or referendum shall not be exercised with respect to any measure pertaining to bond issuance, tax levies, fiscal appropriations, zoning and discretionary or administrative matters, or any other matter in conflict with the Constitution and Laws of the State of Idaho. 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. Exhibit "D" 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 day of January, 2016. Brad Andersen Mayor ATTEST: Shara Roberts City Clerk (SEAL) STATE OF IDAHO ) )ss. County of Bonneville ) I, SHARA ROBERTS, 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 SECTIONS 1- 12-2 THROUGH 1-12-12 OF THE IONA CITY CODE RELATING TO THE RIGHTS OF INITIATIVE AND REFERENDUM; ADOPTING NEW SECTIONS 1-12-2THROUGH 1-12-4 RELATING TO THE TIME FRAMES FOR EXERCISE OF THE INITIATIVE AND REFERENDUM RIGHT AND ESTABLISHING LIMITATIONS UPON SUCH RIGHTS; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE." Shara Roberts City Clerk G:\WPDATA\DWS\2708 City oflona\ORD\2015\Initiative& Referendum.ORD.v 1 pd:sm CITY OF IONA State of the City Address - 2015 By Mayor Brad Andersen January 19th, 2016 This past year the City's seen quite a few changes. Our City Clerk Julie Hammond's spouse accepted a job on the east coast, and she left in July. Shara Roberts was hired to fill her position. It was determined letting Kayla Keyes go as the animal control officer and hiring a second police officer was the best decision for the City. Our Chief of Police Matt Lurker decided to change careers and resigned from his position. During that time we hired Karl Bowcutt as the new Chief of Police and hired a second police officer Dustin Mathie. Also, our Sports Directors Trent and SueAnn Dabell decided to retire after five years. Robyn Walker stepped down from the City Council to take on the Sports Director position. In addition, we hired Bryce Stucki for the Public Works Department. Even though Julie, Matt, Trent, and SueAnn arc gone I want to thank them for all they have done for the City. Also, I want to welcome Shara, Karl, Dustin, and Bryce to the City of Iona and look forward of working with them and becoming part of the City of Iona's Team. Also, I would like to personally thank our City employees for their dedication to their jobs and the City. They are our unsung heroes who are in the trenches day in and day out and never get recognized. They are as follows: Shara Roberts City Clerk, Amy Sullivan Treasurer, Dale Storer Attorney, Zech Prouse Public Works Director, Allen Eldridge Building Inspector/Public Works, Bryce Stucki Public Works, Karl Bowcutt Chief of Police, Dustin Mathie Police Officer, and Robyn Walker Sports Director. Thank you all for what you do for the City. In addition, I would like to thank our Planning and Zoning Commission comprised of Betty Lovinus, Melanie Shirling-Powell, Roy Hobbs, Jake Lindsey, John Lott, and Dee Johnson. As well as, the Water Committee chaired by Lee Andersen and all of the other committees and volunteers that help make the City of Iona the wonderful place that it is. I also would like to recognize City Council Members: Dan Gubler - President, Rob Geray, Kathy McNamara, and Dan Garren. Dan Garren stepped down from Chair of Planning and Zoning in October to finish out Robyn Walker's term in October. Let's get started with the State of the City. Overall, the City is doing well. Some of the Highlights for 2015 are as follows: • We have over a million in savings and checking. Also, in 2015 we were $90,000 under budget. • Calendar year 2015 we had 42 building permits for new homes and 75 miscellaneous permits. • We now have 783 water connections, with a population of over 2,700 people (based on 3.5 people per household). Exhibit "E" " Over 355 million gallons of water was used; compared to 2014 when we used a little over 340 million gallons of water. This calculates to approximately 1,250 gallons of water per home (family of 3.5) that a family uses per a day. " 18th Annual City Easter Egg Hunt with over 8,000 eggs hand stuffed (Thanks Amy). " Arbor Day Celebration, with new trees planted at Pioneer Park. " Iona Days, with the Lion's Club breakfast, movie in the park, concert, fun run, and games and fun for the whole family. The City also did a free hamburger and hot dog lunch. " The annual city spring cleanup; combined with the rl annual yard sale. " Iona's summer recreation program which included a variety of activities such as T-Ball, the pitching machine, and girls' softball program. Also, a basketball program was started in 2013 with 40, now has 115 teams and almost 1,000 children that participate. Also, it provides for 32 jobs for the youth in this area. " lona's Lions Club continued to have the 4th of July breakfast, the Iona Day's breakfast, and provided service to the community through donations, time, and labor. " The 6th Annual Halloween Trunk -or -Treat. " There were many Eagle Scout projects and service projects that saved the City money and enhanced the community. " Support of community programs and committees such as the Library, Tree committee, Bonneville Art Association, Iona Historical Society, and the Lion's Club to name a few. " The City building was scheduled 392 times in 2015. " Mayor's Youth Advisory Council (MYAC). " 17 small businesses in Iona. " And last not but least the Annual Veteran's Day Program. In summary, the City of Iona is in good hands and the outlook is very good. In 2016 we are hoping to purchase more water rights, and finalize a land purchase for a new water tank and possibly a new well to help with the growth of Iona. Again I would like to thank everyone who volunteered their time and efforts toward some type of service in 2015. Sincerely, Brad D. Andersen, Mayor instrument # 1517525 IDAHO FALLS, BONNEVILLE, IDAHO 2-10-2016 12:32:06 PM No. of Pages: 6 Recorded for : CITY OF IONA RONALD LONGMORE Fee: 0.00 Ex-Officio Recorder Deputy Index to: EASEMENT EASEMENT PURCHASE AGREEMENT AGREEMENT entered into as of this /— day of January, 2016, by Jerry B. Ferguson and Eunice I. Ferguson, whose residence address is 6209 E. 49th N., Idaho Falls, Idaho, 83401, hereinafter referred to as "Seller", and City of Iona, whose mailing address is P.O. Box 487, Iona, Idaho, 83427, hereinafter referred to as "Buyer." WITNESSETH: In consideration of the mutual covenants set forth herein the parties agree as follows: 1. Sale. Seller hereby agrees to sell to Buyer on the performance of the agreements of Buyer as hereinafter set forth, and to convey or cause to be conveyed by the legal owner or owners thereof by good and sufficient Easement Deed, free and clear of liens and encumbrances, excepting any liens or encumbrances that may have attached by reason of any act or deed of Buyer, or any lien or encumbrance to which this Easement Agreement is expressly made subject, a permanent easement for the construction, operation and maintenance of a water utility main line and for ingress and egress to and from a water tank to be constructed by Buyer upon adjoining property owned by Buyer, all over and across the following described real property situate in Bonneville County, Idaho: Beginning at the Southwest corner of the property as described in Quit Claim Deed, Instrument No. 579962 that is N.89°46' 15 "E. 799.23 feet along the section line from the South Quarter corner of Section 31, Township 3 North, Range 39 East of the Boise Meridian, Bonneville County, Idaho and running thence N.89°46'15"E. 525.00 feet along the section line to the Southeast corner of the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of said Section 31; thence N.00° 15'27"E. 20.00 feet along the east line of said Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of said Section 31; thence S.89°46' 15 "W. 525.17 feet to the west line of said property as described in Quit Claim Deed, Instrument No. 579962; thence S.00° 13'45 "E. 20.00 feet to the point of beginning. SUBJECT to all existing easements or claims of easements, patent reservations, rights of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, encroachments, overlaps, boundary line disputes and other matters which would be disclosed by an accurate survey or inspection of the premises. 2. Payment and Purchase. Buyer agrees to buy the above described property and to pay Seller therefor the sum of $6,000, in cash, certified check or other readily available funds, in lawful money of the United States of America, payable in full at closing. 3. Instruments of Conveyance. At closing Seller shall make, execute and deliver to Buyer a Easement Deed conveying the above described property to Buyer, free and clear of any lien or encumbrance, excepting any lien or encumbrance to which this Easement Purchase Agreement is expressly made subject, and excepting any lien or encumbrance that may have attached by reason of any act, deed or omission of said Buyer. 4. Commencement of Use. Buyer shall have the right to commence use of said Easement upon payment of the consideration set forth in paragraph two (2) hereof and delivery of the Easement Deed by Seller. 5. Real Property Taxes and Assessments. Seller shall pay all taxes and assessments levied upon the subservient estate subject to the easement contemplated by this Easement Agreement, as the same shall become due and payable by law. 6. Closing. Closing shall be contingent upon the delivery to Buyer of an easement by the United States Department of Energy, conveying an easement and/or perpetual right to use the real property described above for the purpose of constructing and operating a water line and water tank, said easement to be in a form satisfactory to Buyer. Closing shall also be contingent upon the execution of an Easement Purchase Contract by Jared Lee Wilde and Merlene Gail Wilde, similarly conveyed an easement for such purposes. Closing shall occur within fifteen (15) days after the execution and delivery to Buyer of such Easement Deed, Right -of -Way Agreement and Easement Purchase Contract. In the event such Deeds/Contracts are not delivered within 180 days after the date this Agreement is executed, then and in such event this Agreement shall be null and void. 7. Risk of Loss. Seller shall bear the risk of loss of the property described in this Easement Purchase Agreement, except any loss caused by Buyer or any agent of Buyer, up to and including the time of closing. Thereafter Seller shall have no obligation or responsibility with respect to any loss or damage to any road, water main or water tank constructed by Buyer upon, over, within or otherwise appurtenant to the subject Easement, except for damage or loss proximately caused by Seller, or their agents or employees. 8. Title Insurance. Seller shall have no obligation to provide title insurance to Buyer. Buyer may however purchase such title insurance at its own expense. 9. Default. In case Buyer shall fail to promptly perform any covenant or agreement set forth herein or to do all things necessary and prerequisite to the consummation of the sale set forth herein, Seller may declare a forfeiture of this Easement Agreement and 2 - EASEMENT PURCHASE CONTRACT any payments made by Buyer may be retained by Seller as liquidated damages and not as a penalty, or Seller may bring an action for specific performance of this Easement Agreement against Buyer to require and enforce full and complete performance by Buyer of the terms, covenants and conditions of this Easement Agreement as set forth herein, or Seller shall be entitled to bring an action for breach of contract against Buyer for collection of all damages suffered by Seller as a result of the default and breach by Buyer, or Seller may pursue any other remedies available under the laws of the State of Idaho. In the event Seller shall fail to promptly perform any covenant or condition set forth herein or to do all things necessary and prerequisite to the confirmation of the sale forth herein, Buyer shall be entitled to bring an action for a specific performance of this Easement Agreement against Seller to require and enforce full and complete performance by Seller of the terms, covenants and conditions of this Easement Agreement as set forth herein or shall be entitled to bring an action for breach of contract against Seller for collection of all damages suffered by Buyer as a result of the default and breach by Seller, or Buyer may pursue any other remedy available under the laws of the State of Idaho. 10. Indemnification. Buyer covenants and agrees to indemnify and hold Seller harmless from any and all claims, demands, liabilities, actions, suits or proceedings, together with costs and attorney fees incurred in defending against the same, arising or which may arise from Buyer's occupancy and use of the properties sold hereunder. 11. Enforcement. Should either party default in the performance of any of the covenants or agreements contained herein, such defaulting party shall pay to the other party all costs and expenses, including, but not limited to, a reasonable attorney fee, including such fees on appeal, which the offended party may incur in enforcing this Easement Purchase Agreement or in pursuing any remedy allowed by law for breach hereof, whether such is incurred by the filing of suit or otherwise. 12. Binding Effect. This Easement Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, administrators, successors and assigns of the parties hereto. 13. Survival of Terms. The terms and provisions of this Easement Agreement shall survive the closing and the execution and delivery of instruments of transfer and conveyance. The terms of this Easement Agreement shall not be merged out by the execution and delivery of the instruments of transfer and conveyance. 14. Waiver. A waiver of any default or breach of any term of this Easement Agreement shall not be deemed to be a waiver of any simultaneous or subsequent breach of the same or any other term of this Easement Agreement. All waivers must be in writing and must be signed by Seller. No failure or delay of Seller to exercise any right or remedy hereunder shall operate as a waiver. 3 - EASEMENT PURCHASE CONTRACT 15. Attorneys. The law firm of Holden, Kidwell, Hahn, & Crapo, P.L.L.C., drafters of this Agreement, have acted as attorneys for Buyer and as such have in no way advised Seller in regard to this Agreement or any other matters, with all attorney fees in regard to this matter having been paid by Buyer. 16. Integration of Agreement. Seller and Buyer acknowledge that the terms of this Easement Agreement may vary from the terms contained in any earnest money agreement or any other preliminary agreements made prior to the execution of this Easement Agreement and may vary from any negotiations between the parties prior to the execution of this Easement Agreement. Seller and Buyer agree that the terms, covenants and conditions of this Easement Agreement shall supersede all such prior negotiations and agreements, that there are no other verbal promises, implied promises, agreements, stipulations, representations or warranties of any kind or nature, excepting those set forth in this Easement Agreement, and that this Easement Agreement shall be and is the final expression of the agreement of the parties and shall control. No modification of this Easement Agreement shall be valid unless in writing and executed by the parties to this Agreement. 17. Access and Inspection Prior to Closing. From the date of this Easement Agreement until Buyer is entitled to commence use of the Easement, Buyer shall have full access to said property at all reasonable times for the purpose of inspecting and examining said property. IN WITNESS WHEREOF, the parties have caused their names to be subscribed, all as of the day and year first above written. SELLER: Eunice I. Ferguson 4 - EASEMENT PURCHASE CONTRACT STATE OF IDAHO )ss. County of Bonneville BUYER: CITY OF IONA By: Brad Andersen Mayor On this Vt`h day of January, 2016, before me, the undersigned, a notary public for Idaho, personally appeared BRAD ANDERSEN, known to me to be the Mayor of the City of Iona, the municipal corporation that executed the foregoing document, and acknowledged to me that such 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. 0��R �©+a�ttf.�f�� ........... s: NOTAR }'' (SEikL) t-uguG O .431„7 .11OF1,pP��. I ary Public for State of Idaho Residing at: Tddn() Mi(5 My Commission Expires: 12 I t-6'2Ca) 5 - EASEMENT PURCHASE CONTRACT STATE OF IDAHO ) )ss. County of Bonneville �y On the 1,5 day of January, 2016, before me, the undersigned, a notary public, in and for said State, personally appeared JERRY B. FERGUSON and EUNICE I. FERGUSON, husband and wife, known or identified to me to be the persons whose names is subscribed to the within instrument and acknowledged to me they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ``�� •BULL/V,��,,�i 01 AR y pUBV Notary Puic for Idaho Residing at: id evi) o 8) My Commission Expires: 9 j2 372 o I '% G:\WPDATA\DWS\2708 City of Iona\Public Works\Water Tank Project\Easment Purchase Contract.Ferguson.v2.wpd:sm 6 - EASEMENT PURCHASE CONTRACT instrument # 1516219 IDAHO FALLS, BONNEVILLE, IDAHO 1-21-2016 12:30:19 PM No. of Pages: 10 Recorded for : CITY OF IONA RONALD LONGMORE Fee: 0.00 Ex-Officio Recorder Deputy Index to: EASEMENT EASEMENT AGREEMENT AND JOINT USE AGREEMENT AGREEMENT, made this e day of January, 20161by and between the United State of America, acting by and through the Department of Energy, hereafter referred to as "DOE"; the City of Iona, a municipal corporation of the state of Idaho, hereafter referred to as "City"; Jerry Ferguson and Eunice Eilene Ferguson, husband and wife, hereafter referred to as "Fergusons", and Jared Lee Wilde and Merlene Reynolds Wilde, husband and wife, hereafter referred to as "Wildes." WITNESSETH: WHEREAS, Fergusons and Wildes currently own adjacent parcels of real property located on the Iona Hill; WHEREAS, Fergusons and Wildes or their predecessors have previously granted to the DOE a perpetual easement and right-of-way over and across their respective properties pursuant to two separate Right -of -Way Agreements dated October 16, 1978, and October 17, 1978, each respectively referred to as "Agreement No. EW-78-A-07-1825" and "Agreement No. EW-78-A-07-1826", hereafter collectively referred to as the "Right -of -Way Agreements." WHEREAS, the Right -of -Way Agreements granted to DOE the right to use a certain access road (the "Access Road") over and across the real property described in Exhibit "A" attached hereto, for the purpose of deriving access to and from an antenna station located near the top of the Iona Hill; WHEREAS, the City desires to acquire the right to use the Access Road for the purpose of constructing, operating and maintaining water main line and access road to and from a water tank and well to be constructed in the near future at a location adjacent to the Access Road, approximately three -fourths of the distance to the said antenna station; WHEREAS, Fergusons and Wildes are willing to grant such additional access rights and DOE is willing to share the joint use of the Access Road with the City, all subject to the terms and conditions hererof; NOW, THEREFORE, the parties agree as follows: 1. Grant of Permanent Easement. Fergusons and Wildes hereby sell, grant and convey to the City a perpetual easement and right-of-way over and across the respective portions of the Access Road owned by each of them, all as more particularly described in Exhibit "A" attached hereto. Such Access Road shall be jointly used and maintained in common by and between the City and DOE, such use, operation and maintenance to be as described herein. DOE hereby consents and agrees to such access, subject to the terms and conditions of this Agreement. 2. Grant of Water Line Easement. Fergusons further agree to and do hereby sell, grant and convey to the City a perpetual easement for the construction, operation and maintenance of an underground water main line to be located along the southern twenty feet of their property, all as more particularly described in Exhibit "B" attached hereto. DOE hereby consents to the grant of such water line easement, provided the construction of the water line is conducted in accordance with the terms and provisions set forth in paragraph 3 below. 3. Grant of Water Line Easement. Wildes further agree to and do hereby sell, grant and convey to the City a perpetual easement for the construction, operation and maintenance of an underground water main line to be located along the southern twenty feet of their property, all as more particularly described in Exhibit "C" attached hereto. DOE hereby consents to the grant of such water line easement, provided the construction of the water line is conducted in accordance with the terms and provisions set forth in paragraph 4 below. 4. Construction of Water Line and Tank. The City agrees that the installation and construction of such water line and water tank shall be conducted in a manner that does not unreasonably impair, impede or obstruct DOE's use of the Access Road for the purpose of deriving access to its communications tower located at the easterly end of the Access Road. In particular, at no time shall the City totally block or unreasonably constrict passage of motor vehicles over and across the remaining forty foot width of the Access Road, unless other access is provided during the time of such blockage or construction. The City may use the entire width of the Access Road as and for a temporary construction easement, subject to the restrictions set forth above with respect to the City's use of the Access Road. The City further agrees upon completion of the installation of the water line, it will restore the surface of the Access Road to substantially the same or better condition and elevation as it existed prior to the date of this Agreement. 5. Joint Maintenance of Access Road. The City and DOE agree to jointly and equally share in the reasonable and necessary maintenance costs for the Access Road incurred after the completion of the installation of the water line and water tank by the City, provided however, nothing herein shall obligate the DOE to repair any damage caused to the Access Road as a result of the City's construction of the underground water line or the City's water tank. The DOE and the City agree that on or before March 1 of every year after the date hereof, they will meet for the purpose of discussing and determining what maintenance, if any, will be performed by the parties during such calendar year and for the purpose of coordinating the performance of such maintenance and service. Notwithstanding the foregoing, nothing herein shall require either party to share in the costs of repairing any damage to the Access Road directly caused by the other party's use or misuse thereof. 6. Consideration for Easement Grants. In consideration for Wildes' and Fergusons' grant of the easements set forth above, City agrees to pay the sum of $6,000 to each of them, due and payable in cash lawful money of the United States of America, within thirty (30) days from the date of the execution of this Agreement by all parties and Wildes' and Fergusons' delivery of their respective easement deeds consistent with the terms and conditions set forth above, whichever shall first occur. 7. Non -Public Use of Access Road. Nothing herein shall be deemed or considered as a public dedication or grant for use of the said Access Road by the general public and the use of the Access Road shall be strictly limited to DOE's use for access to its antenna station and for the City's access to the water tank and the water main line for construction, operation and maintenance purposes. Nothing herein shall prevent or preclude the Fergusons and Wildes from later dedicating the entire Access Road for public use and in such event, DOE and the City shall upon such dedication be absolved from any duty, obligation or commitment to each other to maintain the Access Road as provided herein. 8. Relationship Between the Parties. In granting the access rights and easement rights herein, and in using, operating and maintaining the Access Road and main line, the parties are acting as independent contractors and not as agents for any of the other parties and none of them shall be responsible for the acts or omissions of the other nor shall anything herein be construed or considered as a joint enterprise between the parties. 9. Covenant Against Contingent Fees. The City, the Fergusons and Wildes warrant that no person or selling agent has been employed or retained to solicit or secure this Right -of -Way Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial selling agents maintained by the Grantors for the purpose of securing business. For breach or violation of this warranty the DOE shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the rental or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 10. Officials Not to Benefit. No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this Right-of-way Agreement, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Right -of -Way Agreement if made with a corporation for its general benefit. 11. Governing Law. The laws of the State of Idaho shall govern the enforcement and interpretation of this Agreement. The parties further agree that the venue for any action -3- arising out of or in any way related to the performance of any duty, obligation or covenant herein shall be in the Courts of the State of Idaho having jurisdiction thereof. 12. Interpretation. Each of the parties have been represented by legal counsel in the negotiation and drafting of this Agreement. In recognition thereof, the parties agree that the rule of construction providing for interpretation against the drafter of this Agreement shall not be applicable with respect to any dispute or action requiring interpretation of the provisions of this Agreement. 13. Preservation of Right -of -Way Agreements. Notwithstanding the foregoing, nothing herein shall be construed or deemed in any way to abdicate, rescind or alter any of the rights, duties or obligations of the Right -of -Way Agreements between the DOE and Fergusons and Wildes , and the provisions of this Agreement and such Right -of -Way Agreements shall be construed in a manner that avoids any such inconsistency. In the event of any irreconcilable inconsistency, then and in such event the provisions of this Agreement shall prevail. 14. Binding Effect. This Agreement shall be binding upon the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties set their hands and seals this day and year first above written. CITY OF IONA By: Brad Andersen Mayor -4- UNITED STATES DEPARTMENT OF ENERGY By: Its: I rry Fe uson Eunice Ilene Fe uson Jared Lee Wilde erlene Reynolds Wilde -5- STATE OF IDAHO )ss. County of Bonneville ) On this day of January, 2016, before me, the undersigned, a notary public for Idaho, personally appeared BRAD ANDERSEN, known to me to be the Mayor of the City of Iona, the municipal corporation that executed the foregoing document, and acknowledged to me that such 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. R�oBF �''��, . RT'% -- - (SEAL)`.. pug1.w �O 4qTE OF �OP�:`��`��c �-nonI o- STATE OF IDAHO ) )ss. County of Bonneville ) o ary Public for State of Idaho Residing at: 1, b FaLK My Commission Expires: i20() 2024) On this S41' day of January, 2016, before me, the undersigned, a notary public in and for said State, personally appeared ( tCPCiti ttd:hvis known or identified to me to be the authorized agent acting for and in behalf of the United States Department of Energy the governmental agency that executed the above instrument and acknowledged to me that such agency executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. `off\ �1111111UJtU�j��''' ,AO 0 ISA*/ • QJoo= ' /f'l�ttrtttllllJF\\\\\\ Notary Public for Idaho_ Residing at: T.o`t� fills , My Commission Expires: la /1 hS -6- STATE OF IDAHO )ss. County of Bonneville On this 1 day of January, 2016, before me, the undersigned, a notary public, in and for said State, personally appeared JERRY AND EUNICE EILENE FERGUSON, husband and wife, known or identified to me to be the person whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. t�`� tiutIUUk, r,��; SU1_i_IV.,IrG� ♦V p Notary P .Ifor Idaho `, �, �'V6 , �� Residing at: /liar° Falk /D BT,4j O� \) My Commission Expires: 942 3 �/7 innuittt�+�� / STATE OF IDAHO )ss. County of Bonneville On this 6141‘ day of January, 2016, before me, the undersigned, a notary public, in and for said State, personally appeared JARED LEE AND MERLENE REYNOLDS WILDE, husband and wife, known or identified to me to be the person whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) 411 ,1%10. Notary Public for I. a o Residing at: My Commission Expires: s /D -7- EXHIBIT "A" (Access Road) 33 feet on the north and south side of and running parallel to that part of the North portion of Lot 2, Section 6, T2N, R39E, and the South portion of the South-West 1/4 of the South -East 1/4 of Section 31, T3N, R39E, being more particularly described as follows: Beginning at a steel pin marking the North-East Corner of Section 6, Township 2 North, Range 39 East of the Boise Meridian, Bonneville County, Idaho, and running South 89°49" West 1,320.0 feet along the North side of Lot 1 of said Section 6; thence South 0°11" East 5.0 feet to the Starting Point; thence North 81 °48'30" West 34.3 feet at this point crossing the Northside of Lot 2 of said Section 6; thence North 81 °48'30" West 78.3 feet; thence North 89°47'41" West 530.8 feet; thence South 89°45'37" West 407.0 feet; thence South 84°13'11" West 30.0 feet to the Ending Point; thence South 87°02'36" West 241.3 feet to the North- West corner of Lot 2 of said Section 6. -8- t. EXHIBIT "B" FERGUSON 20 FOOT UTILITY EASEMENT Beginning at the Southwest corner of the property as described in Quit Claim Deed, Instrument No. 579962 that is N.89°46'15"E. 799.23 feet along the section line from the South Quarter corner of Section 31, Township 3 North, Range 39 East of the Boise Meridian, Bonneville County, Idaho and running thence N.89°46'15"E. 525.00 feet along the section line to the Southeast corner of the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of said Section 31; thence N.00° 15'27"E. 20.00 feet along the east line of said Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of said Section 31; thence S.89°46'15"W. 525.17 feet to the west line of said property as described in Quit Claim Deed, Instrument No. 579962; thence S.00°13'45"E. 20.00 feet to the point of beginning. -9- EXHIBIT "C" WILDE 20 FOOT UTILITY EASEMENT Beginning at the Southwest corner of the property as described in Quit Claim Deed, Instrument No. 1472552 on the east bank of the Side Hill Canal that is N.89°46'15"E. 219.84 feet along the section line from the South Quarter corner of Section 31, Township 3 North, Range 39 East of the Boise Meridian, Bonneville County, Idaho and running thence N.89°46'15"E. 579.39 feet along the section line to the Southwest corner of the property as described in Quit Claim Deed, Instrument No. 579962; thence N.00°13'45"W. 20.00 feet along the west line of said property; thence S.89°46'15"W. 580.33 feet to the east bank of the Side Hill Canal and the west line of the property as described in Quit Claim Deed, Instrument No. 1472552; thence S.02°55'19"E. 20.03 feet to the point of beginning. G:\WPDATAIDWS\2708 City of Iona\Public Works\DOE Easement\Easmentioint Use.AGR.v10.wpd:sm -10- Instrument # 1517526 IDAHO FALLS, BONNEVILLE, IDAHO 2-10-2016 12:34:22 PM No. of Pages: 6 Recorded for : CITY OF IONA RONALD LONGMORE Fee: 0.00 Ex-Officio Recorder Deputy Index to: EASEMENT EASEMENT PURCHASE AGREEMENT AGREEMENT is entered into as of this / Sday of January, 2016, by Jared Lee Wilde and Merlene Gail Wilde, whose residence address is 6111 E. 49th N., Idaho Falls, Idaho, 83401, hereinafter referred to as "Seller", and City of Iona, whose mailing address is P.O. Box 487, Iona, Idaho, 83427, hereinafter referred to as "Buyer." WITNESSETH: In consideration of the mutual covenants set forth herein the parties agree as follows: 1. Sale. Seller hereby agrees to sell to Buyer on the performance of the agreements of Buyer as hereinafter set forth, and to convey or cause to be conveyed by the legal owner or owners thereof by good and sufficient Easement Deed, free and clear of liens and encumbrances, excepting any liens or encumbrances that may have attached by reason of any act or deed of Buyer, or any lien or encumbrance to which this Easement Agreement is expressly made subject, a permanent easement for the construction, operation and maintenance of a water utility main line and for ingress and egress to and from a water tank to be constructed by Buyer upon adjoining property owned by Buyer, all over and across the following described real property situate in Bonneville County, Idaho: Beginning at the Southwest corner of the property as described in Quit Claim Deed, Instrument No. 1472552 on the east bank of the Side Hill Canal that is N.89°46' 15 "E. 219.84 feet along the section line from the South Quarter corner of Section 31, Township 3 North, Range 39 East of the Boise Meridian, Bonneville County, Idaho and running thence N.89°46' 15 "E. 579.39 feet along the section line to the Southwest corner of the property as described in Quit Claim Deed, Instrument No. 579962; thence N.00° 13'45 "W. 20.00 feet along the west line of said property; thence S.89°46' 15 "W. 580.33 feet to the east bank of the Side Hill Canal and the west line of the property as described in Quit Claim Deed, Instrument No. 1472552; thence S.02°55'19"E. 20.03 feet to the point of beginning. SUBJECT to all existing easements or claims of easements, patent reservations, rights of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, encroachments, overlaps, boundary line disputes and other matters which would be disclosed by an accurate survey or inspection of the premises. 2. Payment and Purchase. Buyer agrees to buy the above described property and to pay Seller therefor the sum of $6,000, in cash, certified check or other readily available funds, in lawful money of the United States of America, payable in full at closing. 3. Instruments of Conveyance. At closing Seller shall make, execute and deliver to Buyer a Easement Deed conveying the above described property to Buyer, free and clear of any lien or encumbrance, excepting any lien or encumbrance to which this Easement Purchase Agreement is expressly made subject, and excepting any lien or encumbrance that may have attached by reason of any act, deed or omission of said Buyer. 4. Commencement of Use. Buyer shall have the right to commence use of said Easement, upon payment of the consideration set forth in paragraph two (2) hereof and delivery of the Easement Deed by Seller. 5. Real Property Taxes and Assessments. Seller shall pay all taxes and assessments levied upon the subservient estate subject to the easement contemplated by this Easement Agreement, as the same shall become due and payable by law. 6. Closing. Closing shall be contingent upon the delivery to Buyer of an easement by the United States Department of Energy, conveying an easement and/or perpetual right to use the real property described above for the purpose of constructing and operating a water line and water tank, said easement to be in a form satisfactory to Buyer. Closing shall also be contingent upon the execution of an Easement Purchase Contract by Jerry B. Ferguson and Eunice I. Ferguson, similarly conveyed an easement for such purposes. Closing shall occur within fifteen (15) days after the execution and delivery to Buyer of such Easement Deed, Right -of -Way Agreement and Easement Purchase Contract. In the event such Deeds/Contracts are not delivered within 180 days after the date this Agreement is executed, then and in such event this Agreement shall be null and void. 7. Risk of Loss. Seller shall bear the risk of loss of the property described in this Easement Purchase Agreement, except any loss caused by Buyer or any agent of Buyer, up to and including the time of closing. Thereafter Seller shall have no obligation or responsibility with respect to any loss or damage to any road, water main or water tank constructed by Buyer upon, over, within or otherwise appurtenant to the subject easement, except for damage or loss proximately caused by Seller, or their agents or employees. 8. Title Insurance. Seller shall have no obligation to provide title insurance to Buyer. Buyer may however purchase such title insurance at its own expense. 9. Default. In case Buyer shall fail to promptly perform any covenant or agreement set forth herein or to do all things necessary and prerequisite to the consummation of the sale set forth herein, Seller may declare a forfeiture of this Easement Agreement and 2 - EASEMENT PURCHASE CONTRACT any payments made by Buyer may be retained by Seller as liquidated damages and not as a penalty, or Seller may bring an action for specific performance of this Easement Agreement against Buyer to require and enforce full and complete performance by Buyer of the terms, covenants and conditions of this Easement Agreement as set forth herein, or Seller shall be entitled to bring an action for breach of contract against Buyer for collection of all damages suffered by Seller as a result of the default and breach by Buyer, or Seller may pursue any other remedies available under the laws of the State of Idaho. In the event Seller shall fail to promptly perform any covenant or condition set forth herein or to do all things necessary and prerequisite to the confirmation of the sale forth herein, Buyer shall be entitled to bring an action for a specific performance of this Easement Agreement against Seller to require and enforce full and complete performance by Seller of the terms, covenants and conditions of this Easement Agreement as set forth herein or shall be entitled to bring an action for breach of contract against Seller for collection of all damages suffered by Buyer as a result of the default and breach by Seller, or Buyer may pursue any other remedy available under the laws of the State of Idaho. 10. Indemnification. Buyer covenants and agrees to indemnify and hold Seller harmless from any and all claims, demands, liabilities, actions, suits or proceedings, together with costs and attorney fees incurred in defending against the same, arising or which may arise from Buyer's occupancy and use of the properties sold hereunder. 11. Enforcement. Should either party default in the performance of any of the covenants or agreements contained herein, such defaulting party shall pay to the other party all costs and expenses, including, but not limited to, a reasonable attorney fee, including such fees on appeal, which the offended party may incur in enforcing this Easement Agreement or in pursuing any remedy allowed by law for breach hereof, whether such is incurred by the filing of suit or otherwise. 12. Binding Effect. This Easement Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, administrators, successors and assigns of the parties hereto. 13. Survival of Terms. The terms and provisions of this Easement Agreement shall survive the closing and the execution and delivery of instruments of transfer and conveyance. The terms of this Easement Agreement shall not be merged out by the execution and delivery of the instruments of transfer and conveyance. 14. Waiver. A waiver of any default or breach of any term of this Easement Agreement shall not be deemed to be a waiver of any simultaneous or subsequent breach of the same or any other term of this Easement Agreement. All waivers must be in writing and must be signed by Seller. No failure or delay of Seller to exercise any right or remedy hereunder shall operate as a waiver. 3 - EASEMENT PURCHASE CONTRACT 15. Attorneys. The law firm of Holden, Kidwell, Hahn, & Crapo, P.L.L.C., drafters of this Agreement, have acted as attorneys for Buyer and as such have in no way advised Seller in regard to this Agreement or any other matters, with all attorney fees in regard to this matter having been paid by Buyer. 16. Integration of Agreement. Seller and Buyer acknowledge that the terms of this Easement Agreement may vary from the terms contained in any earnest money agreement or any other preliminary agreements made prior to the execution of this Easement Agreement and may vary from any negotiations between the parties prior to the execution of this Easement Agreement. Seller and Buyer agree that the terms, covenants and conditions of this Easement Agreement shall supersede all such prior negotiations and agreements, that there are no other verbal promises, implied promises, agreements, stipulations, representations or warranties of any kind or nature, excepting those set forth in this Easement Agreement, and that this Easement Agreement shall be and is the final expression of the agreement of the parties and shall control. No modification of this Easement Agreement shall be valid unless in writing and executed by the parties to this Agreement. 17. Access and Inspection Prior to Closing. From the date of this Easement Agreement until Buyer is entitled to commence use of the Easement, Buyer shall have full access to said property at all reasonable times for the purpose of inspecting and examining said property. IN WITNESS WHEREOF, the parties have caused their names to be subscribed, all as of the day and year first above written. SELLER: Jared Lee Wilde MerGail Wilde 4 - EASEMENT PURCHASE CONTRACT STATE OF IDAHO )ss. County of Bonneville BUYER: CITY OF IONA By: Brad Andersen Mayor On this day of January, 2016, before me, the undersigned, a notary public for Idaho, personally appeared BRAD ANDERSEN, known to me to be the Mayor of the City of Iona, the municipal corporation that executed the foregoing document, and acknowledged to me that such 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. (SEAL) R.. ,. ‘AOTAR • PUBLIC' • Notary Public for State of Idaho Residing at: ) 111/B;,ii) My Commission Expires: 1,� 10[7452 5 - EASEMENT PURCHASE CONTRACT STATE OF IDAHO ) )ss. County of Bonneville ) On the 9" day of January, 2016, before me, the undersigned, a notary public, in and for said State, personally appeared JARED LEE WILDE and MERLENE GAIL WILDE, husband and wife, known or identified to me to be the persons whose names is subscribed to the within instrument and acknowledged to me they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (seal) ``�P,Rg O�1F��''�. ' f�} fvIOTA/... PUBL1G otary Public for Idaho Residing at: fC,M0 Fai '! My Commission Expires: /%a/01ZFZA G:\WPDATA\DWS\2708 City of Iona\Pubhc Works\Water Tank Projecaasment Purchase Contract.Wilde.v2.wpd:sm 6 - EASEMENT PURCHASE CONTRACT instrument # 1516221 IDAHO FALLS, BONNEVILLE, IDAHO 1-21-2016 12:41:43 PM No. of Pages: 6 Recorded for : CITY OF IONA RONALD LONGMORE Fee: 0.00 Ex-Officio Recorder Deputy Index to: CONTRACT OF SALE CONTRACT OF SALE THIS CONTRACT OF SALE is entered into as of this 91' day ofNovember, 2015, by Heuer -Smith Family Limited Partnership, an Idaho limited partnership, whose mailing address is 305 Homestead Lane, Idaho Falls, Idaho, 83404, hereinafter referred to as "Seller", and City of Iona whose: mailing address is P.O. Box 487, Iona, Idaho, 83427, hereinafter referred to as "Buyer." WITNESSETH: In consideration of the mutual covenants set forth herein the parties agree as follows: 1. Sale. Seller hereby agrees to sell to Buyer on the performance of the agreements of Buyer as hereinafter set forth, and to convey or cause to be conveyed by the legal owner or owners thereof by good and sufficient Warranty Deed, free and clear of liens and encumbrances, excerpting any liens or encumbrances that may have attached by reason of any act or deed of Buyer, or any lien or encumbrance to which this Contract of Sale is expressly made subject, the following described real property situate in Bonneville County, Idaho: Part of Government Lot 2, Section 6, Township 2 North, Range 39 East of the Boise Meridian, Bonneville County, Idaho described as follows: Beginning; at a point that is N.89°46'15"E. 1115.52 feet along the section line from the North Quarter corner of said Section 6 and running thence N.89°46' 15 "E. 208.71 feet along said section line to the Northeast corner of said Government Lot 2; thence S.00° 18'43 "E. 208.71 feet along the east line of said Government Lot 2; thence S.89°46'15"W. 208.71 feet; thence N.00°18'43"W. 208.71 feet to the point of beginning. Parcel contains 1.00 acres and is subject to a 66 foot Grant of Right-of-vvay, United States Department of Energy, Instrument No. 564689. SUBJECT to all existing easements or claims of easements, patent reservations, rights of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, encroachments, overlaps, boundary line disputes and other matters which would be disclosed by an accurate survey or inspection of the premises. 2. Payment and Purchase. Buyer agrees to buy the above -described property and to pay Seller therefor the sum of $26,000, in cash, certified check or other readily available funds, in lawful money of the United States of America, payable in full at closing. 3. Instruments of Conveyance. At closing Seller shall make, execute and deliver to Buyer a Warranty Deed conveying the above described property to Buyer, free and clear of any lien or encumbrance, excepting any lien or encumbrance to which this Contract of Sale is expressly made subject, and excepting any lien or encumbrance that may have attached by reason of any act, deed or omission of said Buyer. 4. Possession. Seller shall be entitled to retain possession of the property described in this Contract of Sale up to and including the day of closing. Thereafter, Buyer shall have the right to the possession of said property. 5. Apportionments. All taxes and assessments upon the property described in this Contract of Sale shall be prorated between the parties as of the day of closing. Seller shall pay all taxes and assessments levied upon the property described in this Contract of Sale for the time prior to and including said date, and Buyer shall pay all such taxes levied upon said property for the term after said date before the same become delinquent. 6. Closing. Closing shall be contingent upon the execution and delivery of an Easement Deed and/or Right -of -Way Agreement to Buyer conveying an easement for the construction, operation and maintenance of an underground water main line in a form satisfactory to Buyer, i:rom United States Department of Energy, Jared Lee Wilde and Merlene Gail Wilde and Jerry B. Ferguson and Eunice I. Ferguson. Closing shall occur within fifteen (15) days after the last delivery of such Easement Deeds/Right-of-Way Agreement, provided that in the event such delivery does not occur within 180 days after the date this Agreement, this Agreement shall be null and void. 7. Risk of Loss and Insurance. Seller shall bear the risk of loss of the property described in this Contract of Sale, except any loss caused by Buyer or any agent of Buyer, up to and including the time of closing. 8. Warranties and Disclaimers. BUYER ACKNOWLEDGES AND AGREES THAT IT HAS BEEN INFORMED AND UNDERSTANDS THAT SELLER MAKES NO WARRANTIES IN REGARD TO ANY OF THE PROPERTY DESCRIBED HEREIN, EXPRESS OR IMPLIED TO BUYER, EXCEPT ANY WARRANTIES OF TITLE THAT MAY BE OTHERWISE CONTAINED IN THIS CONTRACT OF SALE. THERE IS NO WARRANTY GIVEN AS TO FITNESS FOR ANY PARTICULAR PURPOSE OR AS TO MERCHANTABILITY AND BUYER IS ACQUIRING THE PROPERTY "AS IS". 2 — CONTRACT OF SALE 9. Title Insurance. Seller agrees within thirty (30) days after closing to provide to Buyer at Seller's cost a standard form owner's title insurance policy in the amount of twenty six thousand dollars ($26,000) insuring title to the real property described herein in Buyer, free and clear of any lien or encumbrance, excepting any lien or encumbrance to which this Contract of Sale is expressly made subject, and excepting any lien or encumbrance that may have attached by reason of any act, deed or omission of said Buyer, and excepting the usual printed exceptions contained in such policies of title insurance, and taxes and assessments for the current year, easements and rights of way of public record and the rights of Buyer under the terms of this Contract of Sale. 10. Water Service Connection. At any time after Buyer has constructed and installed a water main connecting to a water tank to be constructed by Buyer upon the demised property, Buyer will, upon request of Seller, will install at its sole expense a one (1) inch diameter water service connection line to a location designated by Seller upon that certain real property described in a Warranty Deed dated November 17, 1998, between Nancy Heuer -Smith as Grantor, and the Seller herein, as Grantee, and recorded as Instrument No. 982383, records of Bonneville County, Idaho. In no event shall Buyer be responsible to construct or install a service line greater than fifty (50) feet in length. Buyer shall not assess or charge Seller or its assigns a water service connection fee for such service line. Such service line shall be designed and constructed in accordance with such standards and specifications as may be generally established by Buyer at the time such request is made. Buyer shall assume and pay all labor and material costs, including any design or engineering fees, necessary to excavate the trench, connect the service line to Buyer's main line, install the service line and backfill and compact the trench. Buyer shall have no obligation to install the service line at Seller's designated location, if lava rock is encountered at such location. 11. Default. In case Buyer shall fail to promptly perform any covenant or agreement set forth herein or to do all things necessary and prerequisite to the consummation of the sale set forth herein, Seller may declare a forfeiture of this Contract of Sale and any payments made by Buyer may be retained by Seller as liquidated damages and not as a penalty, or Seller may bring an action for specific performance of this Contract of Sale against Buyer to require and enforce full and complete performance by Buyer of the terms, covenants and conditions of this Contract of Sale as set forth herein, or Seller shall be entitled to bring an action for breach of contract against Buyer for collection of all damages suffered by Seller as a result of the default and breach by Buyer, or Seller may pursue any other remedies available under the laws of the State of Idaho. In the event Seller shall fail to promptly perform any covenant or condition set forth herein or to do all things necessary and prerequisite to the confirmation of the sale forth herein, Buyer shall be entitled to bring an action for a specific performance of this Contract of Sale against Seller to require and enforce full and complete performance by Seller of the terms, covenants and conditions of this Contract of Sale as set forth herein or shall be entitled to bring an action for breach of contract against Seller for collection of all damages suffered by Buyer as a result of the 3 — CONTRACT OF SALE default and breach by Seller, or Buyer may pursue any other remedy available under the laws of the State of Idaho. 12. Indemnification. Buyer covenants and agrees to indemnify and hold Seller harmless from any and all claims, demands, liabilities, actions, suits or proceedings, together with costs and attorney fees incurred in defending against the same, arising or which may arise from Buyer's occupancy and use of the properties sold hereunder. 13. Enforcement. Should either party default in the performance of any of the covenants or agreements contained herein, such defaulting party shall pay to the other parry all costs and expenses, including, but not limited to, a reasonable attorney fee, including such fees on appeal, which the offended party may incur in enforcing this Contract of Sale or in pursuing any remedy allowed by law for breach hereof, whether such is incurred by the filing of suit or otherwise. 14. Binding Effect. This Contract of Sale shall be binding upon and inure to the benefit of the heirs, personal representatives, administrators, successors and assigns of the parties hereto. 15. Survival of Terms. The terms and provisions of this Contract of Sale shall survive the closing and the execution and delivery of instruments of transfer and conveyance. The terms of this Contract of Sale shall not be merged out by the execution and delivery of the instruments of transfer and conveyance. 16. Waiver. A waiver of any default or breach of any term of this Contract of Sale shall not be deemed to be a waiver of any simultaneous or subsequent breach of the same or any other term of this Contract of Sale. All waivers must be in writing and must be signed by Seller. No failure or delay of Seller to exercise any right or remedy hereunder shall operate as a waiver. 17. Attorneys. The law firm of Holden, Kidwell, Hahn, & Crapo, P.L.L.C., drafters of this Agreement, have acted as attorneys for Buyer and as such have in no way advised Seller in regard to this Agreement or any other matters, with all attorney fees in regard to this matter having been paid by Buyer irrespective of any agreement between Buyer and Seller for any reimbursement of Seller by Buyer of any portion of said fees. 18. Integration of Agreement. Seller and Buyer acknowledge that the terms of this Contract of Sale may vary from the terms contained in any earnest money agreement or any other preliminary agreements made prior to the execution of this Contract of Sale and may vary from any negotiations between the parties prior to the execution of this Contract of Sale. Seller and Buyer agree that the terms, covenants and conditions of this Contract of Sale shall supersede all such prior negotiations and agreements, that there are no other verbal 4 — CONTRACT OF SALE promises, implied promises, agreements, stipulations, representations or warranties of any kind or nature, excepting those set forth in this Contract of Sale, and that this Contract of Sale shall be and is the final expression of the agreement of the parties and shall control. No modification of this Contract of Sale shall be valid unless in writing and executed by the parties to this Agreement. 19. Access and Inspection. From the date of this Contract of Sale until Buyer is entitled to possession of the property described in this Contract of Sale, Buyer shall have full access to said property for the purpose of inspecting and examining said property. From the date Buyer is entitled to possession of said property until all performance of Buyer required under the terms of this Contract of Sale has been completed, Seller shall have the right to enter upon said property at reasonable times to inspect said property for the purpose of determining whether Buyer is complying with the terms, covenants and conditions of this Contract of Sale. IN WITNESS WHEREOF, the parties have caused their names to be subscribed, all as of the day and year first above written. SELLER: HEUER-SMITH FAMILY LIMITED PARTNERSHIP By: Cn/te.it--/ Litits Nan 'c y,He Smith General Partner BUYER: CITY OF IONA By: 5 — CONTRACT OF SALE Brad Andersen Mayor 5-,„deLL STATE OF IDAHO ) )ss. County of Bonneville ) On the - day of November, 2015, before me the undersigned, a not ary pubin and for said State, personally appeared NANCY HEUER-SMITH, known or identified tlo me to be one of the partners in the partnership of the HEUER-SMITH FAMILY LIMITED PARTNERSHIP and the partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that she executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ��to C u�tp�i��ri sto QQ; = ''•?... �i OTA/RY: �; i .•.•41. I La PUBLIC f: �S 4 tS **-........t' STATE OF IDAHO (SEAL) County of Bonneville On this lctk day of 2$4.3., before me, the undersigned, a notary public for Idaho, personally appeared BRAD ANDERSEN, known to me to be the Mayor of the City of Iona, the municipal corporation that executed the foregoing document, and acknowledged to me that such 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. ```�`��INulUubr e� PR0BE-. P� ........... 'QT.. ��`� pTAR y • • • tea = (SEAL) ry Public fo pUB�-' Residing at: ••' My Commission Expires: '',.�qTE OF 00% . aummn��"` Notary Publi, Residing at: My Commission Expires: 7_0ZU )ss. r,0u2o!(e GAWPDATA\DWS\2708 City of tonaTuylic Worksl Water Talc Project\Contract ofSak.Huer v2.wpd:sm 6 — CONTRACT OF SALE