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HomeMy Public PortalAboutOrd. 585-A - Amending Title 1-Chapter 1 of City Council SalariesORDINANCE NO. Ss'S- AN ORDINANCE RELATING TO THE ADMINISTRATION OF THE CITY OF MCCALL, IDAHO, AMENDING SECTION 1-1-1 OF THE VILLAGE CODE OF McCALL, IDAHO, TO CHANGE THE NAME AND MANNER OF CITING THIS CODE, AMENDING SECTION 1-1-2 TO ELIMINATE THE WORD "VILLAGE" AMENDING SECTION 1-1-3 OF THE VILLAGE CODE OF McCALL,'IDAHO, TO ELIMINATE THE WORD "VILLAGE", AMENDING SECTION 1-1-4 OF THE VILLAGE CODE OF McCALL, IDAHO, TO ELIMINATE THE WORD "VILLAGE", REPEALING 1-1-5 OF THE VILLAGE OF I'IcCALL , IDAHO; AMENDING CHAPTER 1 OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, TO ADD A NEW SECTION 1-1-5 OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE DEFINITIONS, AMENDING SECTION 1-3-1 OF THE VILLAGE CODE OF McCALL, IDAHO, TO CHANGE PROBATE OP ,JUSTICE COURTS TO THE MAGISTRATE'S DIVISION OF THE DISTRICT' COURT, TO INCREASE THE DAILY RATE FOR TIME SERVED IN THE EVENT OF DEFAULT IN THE PAYMENT OF FINES, STRIKING A PROVISION REGARDING REVOCATION OF BUSINESS LICENSES AND STRIKING PROVISIONS RELATING TO WORK BY PRISONERS; REPEALING CHAPTER 4 OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 4 OF TITLE I OF THE -VILLAGE CODE OF McCALL, IDAHO,, TO PROVIDE FOR A CITY SEAL; REPEALING CHAPTER 5 OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 5, TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR AN OFFICIAL CITY NEWSPAPER; REPEALING CHAPTER 5 OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF.A NEW CHAPTER 6 OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR INITIATIVE AND REFERENDUM, TO PROVIDE FOR PETITIONS, NUMBER OF SIGNERS, TIME FOR FILING, TIME FOR ELECTIONS THEREUNDER AND TO PROVIDE REQUIREMENTS FOP SIGNATURE AND VALIDATION OF PETITIONS; REPEALING CHAPTER 7 OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER ^r,'TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR THE DUTIES AND SALARY OF MAYOR; REPEALING CHAPTER a OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF I'ICCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER S, TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR THE AUTHORITY, DUTIES AND POWERS OF. THE CITY COUNCIL, TO PROVIDE FOR REGULAR AND SPECIAL MEETINGS AND TO PROVIDE FOP CALLING. OF SPECIAL MEETINGS, TO PROVIDE FOR THE TIME FOR COUNCIL MEETINGS, AND TO PROVIDE FOR THE SALARY OF COUNCIL MEMBERS; REPEALING CHAPTER 9 OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO; ATTENDING TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 9, TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR OATHS OF CITY OFFICERS, TO PROVIDE FOR BONDS FOR CERTAIN CITY OFFICERS, TO PROVIDE FOR 'FIXING OF SALARIES OF CITY. OFFICERS, TO PROVIDE FOR APPOINTMENT AND REMOVAL OF CITY OFFICERS, TO PROVIDE THAT CITY OFFICERS SHALL BE EXEMPT FROM THE PERSONNEL RULES OF THE CITY OF McCALL, EXCEPT FOR DUTIES IMPOSED UPON CITY OFFICERS AS DEPARTMENT HEADS, TO PROVIDE THAT AN OFFICER MAY BE APPOINTED TO MORE THAN ONE OFFICE, TO PROVIDE FOP APPOINTMENT OF DEPUTY CITY OFFICERS, TO PROVIDE THAT THE CITY MAY CONTRACT FOR THE SERVICE OF CITY OFFICERS, AND DESIGN2TING CITY OFFICERS MD FIXING THEIR DUTIES AND RESPONSIBILITIES; REPEALING CHAPTER 10, TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF 7TE VILLAGE CODE OF McCALL : IDAHO, BY THE ADDITION OF A NEW CHAPTER 10 OF TEE VILLAGE CODE OF McCALL : IDAHO, TO PROVIDE FOP TEE APPOINTLhiENT OF TEMPORARY ADVISORY COMIII'1`l'EES AND TO PROVIDE FOP THE DITTIES THEREOF TO BE FIXED BY TEE COUNCIL, TO PROVIDE THAT THE PLANNING AND ZONING COMMISSION(S) SHALL BE A PERMANENT COMMISSION AND TO PROVIDE FOR THE DUTIES OF SUCH COMMISSION; REPEALING CHAPTER. 11: TITLE I OF THE VILLAGE CODE OF McCALL , IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF McCALL : IDAHO, BY THE ADDITION OF A NEW CHAPTER 11, TITLE I OF THE VILLAGE CODE OF McCALL , IDAHO, TO PROVIDE FOP THE APPOINTMENT OF AN URBAN RENEWAL BOARD OF COMMISSIONERS, TO PROVIDE FOP THE NUMBER OF MEMBERS THEREOF AND TERMS OF OFFICE AND TO PROVIDE FOR TEE POWERS AND DUTIES OF THE TURBAN RENEWAL COMMISSION; REPEALING CHAPTERS 12, 13, 14, 15, 16, 17 AND 18 OF TITLE I OF THE VILLAGE CODE OF McCALL , IDAHO; PROVIDING A SEVEPAB IL IT°i CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF TEE CITY OF McCALL . IDAHO, AS FOLLOWS: Section 1. That Section 1-1-1 of the Village Code of McCall` Idaho; be, and the same is hereby amended to read as follows: 1-1-1: TITLE: This compilation and codification of the general ordinances of the Village. City of McCall is hereby declared to be and shall hereafter constitute the Official Village. McCall City Code, 6i th6 Village a2 McCall. and shall hereafter be known,, desianat•ed and cited as the McCall City Code. Ariy reference made to the number of any Section contained herein shall be understood to refer to the position of the same under its . appropriate Title heading, its Chapter heading, and its Section heading, and to the general penalty. clause relating thereto, as well as to the Section itself, when reference is made to this Code by title in any legal document. Section 2. That Section 1-1-2 of the Village Code of McCall, Idaho, be, and the same is hereby amended to read as follows: 1-1-2: ACCEPTANCE: This Village; Code, as hereby presented in printed form, shall herefter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of a general and permanent effect of the T i11.x4 o . City_ Section_3. That Section 1-1-3 of the Village Code of McCall, Idaho, be, and the same is hereby amended to read as follows: 1-1-3: AMENDMENTS: Any ordinance amending this Code shall set forth the Title: Chapter and Section ,Hamner of the Section or Sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the am.eridement or revision by ordinance of any part of this Code. All such amendments or revisions by ordinance shall be immediately forwarded to Sterling Codifiers, Inc., and the said ordinance materials shall be prepared for insertion in its proper place in each copy of this Ti1lzgz. Code. Each such replacement page shall be properly identified and shall be inserted in each copy of this Tillagz Code within thirty (30) days from the date of its final passage. Section 4. That Section 1-1-4 of the Village Code of McCall, Idaho, be, and the same is hereby amended to reed as follows: 1-1-4: CONSTRUCTION OF WORDS: Whenever any word in any Section of this rillagc Code importing the plural number is used, in describing or referring to any matters, parties, or persons, any single matter, party or person shall be deemed to be included, although, distributive words may not have been used. When any subject matter, party or person is referrred to in this 7ill gti. Code by words importing the singular number only, or the masculine gender, several matters, parties, or persons and females as well as males and bodies corporate shall be deemed to be included. Provided, that these rules of construction shall not be applied to any Section of this 7illagz Code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto. Section 5. That Section 1-1-5 of the Village Code of McCall, Idaho, be, and the same is hereby repealed. Section 6. That Chapter 1 of Title I of the Village Code of McCall, Idaho: is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 1-1-5 of the Village Code of McCall. Idaho, and to read as follows: 1-1-5: DEFINITIONS: The word "person" shall be deemed to include ay person, firm, association, or corporation or any organization of any kind. The words "written" and "in writing" may include printing. The term "personal property" includes every description of money, goods, chattels: effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or tithe to property is created, acknowledged: transferred, increased; defeated, discharged or diminished and every right or interest therein. The word "streets" includes alleys, lanes, courts, boulevards; public ways, public squares, public places and sidewalks. The word "owner" applied to a building or land shall include any part owner, joint owner: tenant in common, joint tenant in common, joint tenant or lessee of the whole or part of such building or land whether alone or with others. " The word "officers" shall include City Clerk: City Treasurer and other City officers named by the City Council. The term "wilfully" when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to.violate law, or to injure another, or to acga.ire an advantage. The terms "neglect", "negligence"." negligent", and "negligently" import a want of such attention to the nature or probable consequences of the act or omission as prudent man ordinarily bestows in acting in his own concern. The term "knowingly" imports only a knowledge that the facts exist which brim: the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such an act or omission. Section 7. That Section 1-3-1 of the Village Code of lir" Ca.11, Idaho, be, and the same is hereby amended to read as follows: 1-3-1: GENERAL PENALTY: Any person convicted of a misdemeanor or violation of any section of this Code shall be fined in a sum not exceeding three hundred dollars ($300. 00) for any one offense, provided said fine shall not exceed the amount permissible in ror,��., : " .,_.t,��._. _. ,,,rt sf ,..1m lz the magistrate's divisionof (`may Y L " J L �� La ��" " i " d" L L�� " .KL V e.: 41 L V .L ui.L L1�� L t the district court,. lilriadiction, or confined in the. City ..: County jail not more than thirty (30) days, or both such fine and imprisonment, recoverable with costs, and in default of payment of any fine imposed shall be imprisoned in the City or County jail for a period of one day for each fiv3 ten dollars ( $.S. 03) c $ii0,. i-'ooti of such fine, provided that upon conviction of driving a motor vehicle while the driver is intoxicated or under the influence of intoxicating liquor, the court shall demand the delivery of the driver's license. Whenever a defendant is sentenced to imprisonment or is imprisoned for nonpayment of a fine or costs he may be put to work for the benefit of the City for the term of his imprisonment. Mena.eas V t.t��������,,sy r����" ,,L 1. Pau L.si .i.. ..1 ��." C" "��: ti:. Y.i.S.sy a a.��.,,, ._ ..a.a t" .., ��" ; tea. C f t" s." ��" .. ya. GL e t4 -.. :`1SSei"L`a�� rk ry 4.onn n ._r.y:r,.City, an:-1 beg th-Ian:-1i1 _tiii4.���o-t of of 7i�lc.ti ' any ..00tr.cn of this ��C" oeo, .h-'.lioon2 ...a,, bo s no . - Ne f t" ,.alo y;rio onar shall be +'egwirey to uor% in pu .lic, nor z si n [- i o ic!a 1 -e roc i:. cd to on und.?.;,t . Section 8. That Chapter 4, Title I of the Village Code of McCall, Idaho, be, and the same is hereby repealed. Section 9. That Title I of the Village Code of McCall: Idaho; be.. and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 4, Title I of the Village Code of McCall, Idaho, and to read as follows: ' CHAPTER-4 SEAL SECTIONS: 1-4-1: City Seal 1-4-1: CITY SEAL: The corporate seal of the City shall be circular in form with inner and outer circles. The outer circle shall be one and fifteen -sixteenths (1 15/16) inches in diameter. It shall bear upon the space between the two circles, the words, '"McCall, Idaho" in lower case and "CITY OF MCCALL, IDAHO" in upper case letters , and upon the space within the inner circle the word, "SEAL". Section 10. That Chapter 5, Title I of the Village Code of McCall, Idaho, be.. and the same is hereby repealed. Section 11. That Title I of the Village Code of McCa11: Idaho.. be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 5, Title I of the Tillage Code of McCall, Idaho, and to read as follows: CHAPTER 5 OFFICIAL NEWSPAPER SECTIONS: 1-5-1: Official Newspaper 1-5-1: OFFICIAL NEWSPAPER: Pursuant to Idaho Code, Section 50-213, the Central Idaho Star News, McCall, Idaho is the official newspaper of the City of McCall. Publication of official notices, calls for bids, ordinances and other matters in this newspaper of general circulation shall constitute legal publication within the requirements of federal codes, state statutes and local ordinances. 4 Section 12. That Chapter 6, Title I of the Village Code of McCall, Idaho, be, and the same is hereby repealed. Section 13. That Title I of the Village Code of ?McCall: Idaho, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 6, Title I of the Village Code of McCall, Idaho, and to read as follows: CHAPTER 6 INITIATIVE AND REFERENDUM SECTION: 1-6-1: Initiative and Referendum 1-6-1: INITIATIVE AND REFERENDUM: (A) Creation of Right: The people of this City shall have the right to enact ordinances through the initiative process, according to the procedures set forth herein. (B) Number of Petitioners Required: To enact an ordinance by initiative or to repeal an ordinance by referendum, there shall be attached or appended to the petition the signatures of the legal voters of the City equal to at least twenty percent (20%) of the total number of voters registered to vote at the last general election in the City. (C) Time for Filing Petitions: Referendum petitions with the requisite number of signatures attached shall be filed with the City Clerk not less than sixty (.60) days following the final adoption of the ordinance to be subject to referendum. (D) Time for Election: A special election for initiative or referendum shall be provided not more than ninety (90) days following the certification of the petition, provided that in the event a Municipal election will occur within ninety (90) days, the initiative and referendum shall be submitted at the time of the Municipal election. (E) Requirements for Signature, Verification of Valid Petitions, Printing of Petition and Time Limits: Referendum and initiative petitions shall conform with the requirements for signature, verification of valid petitions, printing of petitions, and time limits, except as expressly modified to meet the purposes of initiative and referendum to be as nearly as practicable as provided in Sections 34-1701 through 34-1705 of the Idaho Code. Section 14. That Chapter 7, Title I of the Village Code of licCall. Idaho, be, and the same is hereby repealed. Section J.S. That Title I of the Village Code of licCa.11, Idaho, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 7, Title I of the Village Code of licCall, Idaho, and to read as follows: CHAPTER 7 MAYOR SECTIONS: 1-7-1: Authority, Duties and Powers 1-7-2: Salaries 1-7-1: 1-7-2: AUTHORITY, DUTIES, AND POWERS: The authority, duties and powers of the Mayor are as defined specifically, Title 50, Chapter 6, Idaho Code, and generally as may be assigned in Title 50, Idaho Code. SALARY OF MAYOR: The salary of the Mayor of the City shall be three hundred and fifty dollars ($350.00) per month. Section 16. That Chapter 6, Title I of the Village Code of TicCall, Idaho, be, and the same is hereby repealed. Section 17. That Title I of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 6, Title I of the Village Code of TioCall, Idaho, and to read as follows: SECTIONS: 1-8-1: 1-8-2: 1-8-3: 1-8-4: 1-8-5: CHAPTER 8 THE CITY COUNCIL Authority, Duties and Powers Regular Meetings Special Meetings Time of Meeting Salary 1-8-1: AUTHORITY, DUTIES AND POWERS: The authority, duties and powers of the McCall City Council are as defined specifically in Title 50, Chapter 7, Idaho Code, and generally as may be assigned in Title 50, Idaho Code. 1-8-2: REGULAR MEETINGS: Regular meetings of the Council shall be held on the second and fourth Thursdays of each and every month at the City Hall, 216 East Park Street, McCall, Idaho, except that when such regular meetings fall upon a legal holiday, the same shall be held on the preceding day unless otherwise fixed by the Council. 1-8-3: SPECIAL MEETINGS; CALLING OF SAME: Special meetings of the Council may be called at any time by the mayor, or by one-half (1/2) plus one (1) of the members of the full Council, and in each instance the object of the call shall be submitted to the Council in writing, which call and object as well as the disposition thereof, shall be entered upon the journal of the Clerk. 1-8-4: TIME OF MEETING: All Council meetings shall begin at seven o'clock (7:00) P.M. unless a different time be specified for special meetings in the call of such special meetings. 1-8-5: SALARY OF THE COUNCIL MEMBERS: The salary of each member of the Council shall be two hundred dollars ($200.00) per month. Section 18. That Chapter 9, Title I of the Village Code of McCall, Idaho, be, and the same is hereby repealed. Section 19. That Title I of the Village Code of McCall, Idaho: be, and the same is hereby amended by the addition thereto of e. NEW CHAPTER, to be known and designated as Chapter 9 Title I of the Village Code of McCall, Idaho, and to read as follows: SECTIONS: 1-9-1: 1-9-2: 1-9-3: 1-9-4: 1-9-5: 1-9-6: 1-9-7: 1-9-8: 1-9-9: CHAPTER 9 OFFICERS Oaths Bonds Salaries Appointment and Removal Personnel Rules, Applicability to Officers Persons Appointed to More Than One Office Deputy Officers Officers, Contractor and Employee Status Officers Designated and Duties Listed By Title 1-9-1: OATHS: Each officer of the City shall take and subscribe such oath as may be required by law of City Officers before a person authorized to administer oaths, which oath shall be filed with the Clerk. No Officer shall enter upon the duties of his office until he shall have taken, subscribed and filed such oath. 1-9-2: BONDS: The Officers of the City before entering upon the performance of their duties shall enter into and execute to said City good and sufficient bonds signed by sureties acceptable to the City Council, conditioned for the faithful performance of the duties of their respective offices according to law and the provisions of this Code, which said bonds shall be not less than an amount of $25,000 for each the Clerk and the Treasurer. Bonds for other offices shall be fixed from time to time by ordinance. The bonds of all Officers, except those of the Clerk shall, after being approved by the Council be filed with the clerk. The bond of the Clerk shall, after like approval, be filed with and kept by the Treasurer. 1-9-3: PAYMENT OF SALARIES: The salaries of all appointive officers of the City shall be fixed by resolution of the Council. 1-9-4: (A) APPOINTMENT: Officers of the City shall be appointed, in the manner prescribed by Idaho Code, Sections 50-204 and 50-205. (B) REMOVAL: Officers of the city shall be removed as provided in Idaho Code Section 50-206. 1-9-5 : PERSONNEL RULES, APPLICABILITY '1'U ur r 1Lr:± : All employees who are not officers of the City are classified employees. The rights and duties of classified employees are defined by Personnel Rules adopted by resolutions of the City Council. The city officers designated in this chapter shall be exempt from the city personnel rules except as to those duties imposed upon city officers who are designated as department heads by the personnel rules. 1-9-6: PERSONS APPOINTED TO MORE THAN ONE OFFICE: Nothing shall prohibit an individual from being appointed to more than one office. 1-9-7: DEPUTY OFFICERS: Nothing shall prohibit the Council from creating and designating a Deputy City Clerk, and Deputy City Treasurer. Such deputies shall also be regarded as officers. An individual in the classified service cannot serve as a deputy officer. 1-9-8: OFFICERS, CONTRACTOR AND EMPLOYEE STATUS: The City Council may elect to have officers who are not employees. Where such election is made, a contractual relationship shall be provided for, with such contract to be approved or rescinded in the manner provided for appointment and removal of officers in Idaho Code Sections 50-204 and 50-206. 1-9-9: OFFICERS DESIGNATED AND DUTIES LISTED BY TITLE: The City of McCall deems it necessary for the efficient operation of the City to designate the following positions as officers of the City: City Administrator, City Clerk, City Treasurer, City Attorney, City Prosecutor, Public Works Director, Recreation Director, Golf Superintendent, Police Chief, Fire Chief, and Airport Manager. The rights, duties and responsibilities of each city officer are: (A) CITY ADMINISTRATOR: (1) RIGHTS, DUTIES AND OBLIGATIONS: The rights, duties and obligations of the City Administrator shall be fixed by resolution, a copy of which shall be kept on file in the Office of the City Clerk. (B) CITY CLERK: (1) DUTIES AND MEETINGS: The City Clerk shall attend all meetings of the City Council, keep true and accurate minutes of their meetings and record the same in a minute book to be furnished by the City. (2) CUSTODIAN OF SEAL: The City Clerk shall be the keeper of the Seal of the City and shall affix it to all instruments and papers which by law are required to be attested with the Seal of the City. (3) CUSTODIAN OF RECORDS: The City Clerk shall have the custody of and shall safely keep all records, documents, contracts, bonds and all other papers and instruments belonging to said City. It shall be the Clerk's duty to keep the original ordinances passed by the City Council. The Clerk shall attach to each copy of an ordinance thus made in said ordinance book a certificate signed by him and attested with the Seal of the City to the effect that the said copy is a true and correct copy of the ordinance as passed. (4) CERTIFIED INSTRUMENTS: Upon demand and payment of the same fees therefor as might lawfully be charged by a recorder in a county in Idaho for similar service, the clerk shall furnish any person applying therefor a certified copy of any record, ordinance, paper or document in his possession as such Clerk except those records exempt by law from disclosure. All fees shall be accounted for and paid to the Treasurer of the City. (5) GENERAL DUTIES: The Clerk shall do and perform such other duties as may be required from time to time by order of the City Council or as prescribed in Title 50, Idaho Code. C. CITY TREASURER: (1) DUTIES: Record of outstanding bonds- The Treasurer shall be custodian of all money belonging to the City; he shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto; he shall give a receipt to every person paying money into the treasury, thereon specifying the date of payment and on what account paid; he shall also file copies of such receipts with his monthly reports; he shall at the end of each and every month and as often as may be required, render an account to the City Council, under oath, showing the state of the treasury at the date of such account and the balance of money in the treasury; he shall also accompany such accounts with a statement of all receipts and disbursements, .together with all warrants redeemed and paid by him, which said warrants, with any and all vouchers held by him, shall be filed with his said account in the Clerk's office, and if said Treasurer neglect or fail for the space of ten (10) days from the end of each and every month to render his said account, his office shall be declared vacant and the City Council shall fill the vacancy by appointment. He shall also keep a record of all outstanding bonds against the City showing the number, amount of each, and to whom said bonds were issued; and when any bonds are purchased, paid or cancelled, said record shall show the fact. In his annual report he shall describe particularly the bonds issued and sold during the year and the terms of the sale with each and every item of expense thereof. D. CITY ATTORNEY (1) DUTIES: The City Attorney shall be the legal advisor of the municipal corporation, shall represent the City in all civil suits or proceedings in which the City is interested, and shall perform such other duties as may be prescribed by ordinances and resolutions duly passed. He shallattend all City Council meetings and report to the Council on legal and policy matters at their request and direction. He shall be a member in good standing of the Idaho Bar Association and shall represent the City in court as required. E. CITY PROSECUTOR (1) DUTIES: The City Prosecutor and his deputies shall prosecute those violations of county or city ordinances, state traffic infractions, and state misdemeanors committed within the municipal limits. In so doing, the City Attorney, his deputies, or contract counsel shall exercise the same powers as the county prosecutor including, but not limited to, granting immunity to witnesses. The City Prosecutor shall be a member in good standing of the Idaho Bar Association. F. PUBLIC WORKS DIRECTOR (1) DUTIES: The Public Works Director shall be responsible for the safe and efficient operation and maintenance of the City's water and sewer systems including collection and distribution networks and treatment facilities. The Public Works Director shall be responsible for park maintenance, the maintenance of the public streets, roads and alleys, and of the City's airport. " G. RECREATION DIRECTOR (1) DUTIES: The Recreation Director shall be responsible for creating and maintaining a recreation program meeting the needs of the resident and tourist populations of the community as directed by the City Council. H. GOLF SUPERINTENDENT (1) DUTIES: The Golf Superintendent shall be responsible for the maintenance of the McCall Municipal Golf Course and all buildings and all improvements thereon and all equipment. I. POLICE CHIEF (1) DUTIES: The Chief of Police shall be Chief of the police force and all assistant officers shall be subordinate to him and subject to his orders. It shall be his duty to cause the public peace to be preserved and to see that all laws and provisions of this code are enforced within the City limits, and when any violation thereof shall come to his knowledge or be reported to him, he shall cause the requisite complaint to be made and see that all possible evidence is produced for successful prosecution of offenders. J. FIRE CHIEF (1) DUTIES: The Fire Chief shall be Chief of all firemen, paid or volunteer, who shall be subordinate to him and subject to his orders. It shall be his duty to ensure that all reasonable efforts are undertaken to prevent fires. When a fire occurs, it shall be his duty to take all reasonable and necessary efforts to minimize the loss of life and property to the City's residents. K. AIRPORT MANAGER (1) DUTIES: The Airport Manager shall administer and enforce all ordinances, rules and regulations for the operation and maintenance of the McCall Municipal Airport as promulgated by the Mayor and Council, and shall do and perform such other duties that may be fixed by resolution by the City Council. i Section 20. That Chapter 10, Title I of the Village Code of licCall, Idaho, be, and the same is hereby repealed. Section 21. That Title I of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereto of a. NEW CHAPTER: to be known and designated as Chapter 10, Title I of the Village Code of McCall, Idaho, and to read as follows: CHAPTER 10 BOARDS, COMMITTEES AND COMMISSIONS SECTIONS: 1-10-1: Temporary City Advisory Committees 1-10-2: Permanent Planning and Zoning Commission 1-10-1: Pursuant to Idaho Code Section 50-210, the City of McCall deems it necessary and expedient to the efficient operation of the city to have citizen advisory boards as named below: Airport Advisory Committee Park and Recreation Committee Transportation Advisory Committee Golf Course Advisory Committee The City Council shall assign duties and responsibilities to each of these committees by motion of the Council and provided for the committees' organization. Members shall be appointed by the Mayor with the consent of the Council. 1-10-2: The Council designates the Planning and Zoning Commission(s) as a permanent commission(s) whose duties are outlined as required by state statute and city ordinances. Section 22. That Chapter 11, Title I of the Village Code of McCall, Idaho, be.. and the same is hereby repealed. Section 23. Tha.t. Title I of the Village Code of IicCall; Idaho, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and -designated as Chapter ii, Title I of the Village Code of McCall, Idaho, and to read as follows: 4' i CHAPxE URBAN RENEWAL AGENCY SECTION: 1-11-1: Urban Renewal Board of Commissioners, Appointment and Term 1-11-2: Duties of Urban Renewal Board of Commissioners 1-11-1: URBAN RENEWAL BOARD OF COMMISSIONERS: The Mayor by and with the advice and consent of the Council shall appoint a board of commissioners of the Urban Renewal Agency which shall consist of five (5) members. The term of office for one commissioner shall expire in one year. The term of office of two commissioners shall expire in two years. The term of office of two commissioners shall expire in three years. Thereafter, all terms of office of such commissioners shall be for three years. 1-11-2: DUTIES: The duties of the Urban Renewal Board of commissioners shall be as set forth in Chapters 20 and 29 of Title 50, Idaho Code, and applicable city ordinances now and hereafter adopted. 6 Section 24. That Chapters 12, 13, 14, 15, 16, 17 and 15, Title I of the Village Code of McCall, Idaho, be, and the same are hereby repealed. Section 25. SEVERABILITY: It is hereby declared to be the intent of the Mayor and Council that the provisions and parts - thereof of this Ordinance shall be severable. Should any section, subsection, paragraph, clause or phrase of this Ordinance, or any particular application thereof, be declared invalid or unconstitutional for any reason by a court of competent jurisdiction, such decision shall not affect the remainng portions of said section, subsection, paragraph, clause or phrase of this Ordinance. Section 26. This Ordinance shall be and remain in full force and effect from and after its passage, approval and publication as required by law. Passed and approved this 75 o n =t� 1991. STATE OF IDAHO ) COUNTY OF VALLEY) CERTIFICATE OF RECORDING OFFICER ss I, the undersigned, the duly appointed, qualified, City Clerk of McCall City, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of McCall City, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. S2$ %4 is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held onf F , 19%/, and duly recorded in my office; and U 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting having been given; that a legal quorum was present throughout the meeting and that a legally sufficient number of members of the Council of McCall City voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho, this 9 day of �� , 19F/ • Arthur J. (Seal of the City) midt, City Clerk RESOLUTION NO. %y• / ,e A RESOLUTION OF THE CITY OF McCALL, IDAHO, APPROVING, PURSUANT TO SECTION 50-901A, IDAHO CODE, A SUMMARYOF ORDINANCE NO. 585-A FOR PUBLICATION. WHEREAS, the City of McCall Valley County, Idaho, (the "City"), on August 8, 1991, adopted Ordinance No. 585-A amending certain sections of Title I, and repealing and re-enacting certain other sections and chapters of said Title I of the Village Code of McCall, Idaho, relating to city administration; and WHEREAS, the City is authorized, by Section 50-901A, Idaho Code, to publish, in lieu of the entire" ordinance, -a summary thereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That the summary of Ordinance No. 585 -A adopted by the McCall City Council on August 8, 1991, a copy of which summary is annexed hereto as Exhibit 'A', be, and the same is hereby approved. Section 2. This Resolution shall take effect and be in force from and after its passage and approval. Dated this 8th day of August, 1991. CITY OF McCALL Valley County, Idaho 0 Mayor SUMMARY OF ORDINANCE NO. 5 5 — A AN ORDINANCE RELATING TO THE ADMINISTRATION OF THE CITY OF McCALL, IDAHO , MIEtTDING SECTION 1--1-1 OF THE VILLAGE CODE OF McCALL, IDAHO TO CHANGE TEE NAME AND MANNER OF CITING THIS CODE: AMENDING SECTION 1-1-2 TO ELIMINATE TEE WORD "VILLAGE" AMENDING SECTION 1-1-3 OF THE VILLAGE CODE OF rIcCALLL: IDAHO; TO ELIMINATE THE WORD "VILLAGE", AMENDING SECTION 1-1-4 OF THE VILLAGE CODE OF McCALL. IDAHO, ,TO ELII'IINATE THE WORD "VILLAGE"; REPEALING 1-1-5 OF THE VILLAGE OF McCALL, IDAHO; AMENDING CHAPTER 1 OF TITLE I OF TEE VILLAGE CODE OF McCALL, IDAHO: TO ADD A NEW SECTION 1-1-5 OF TEE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE DEFINITIONS, AMENDING SECTION 1-3-1 OF THE VILLAGE CODE OF McCALL, IDAHO, TO CHANGE PROBATE OR JUSTICE COURTS TO THE MAGISTRATE'S DIVISION OF THE DISTRICT COURT: TO INCREASE THE DAILY RATE FOR TIME SERVED IN TEE EVENT OF DEFAULT IN THE PAYMENT OF FINES: STRIKING A PROVISION REGARDING REVOCATION OF BUSINESS LICENSES AND STRIKING PROVISIONS RELATING TO WORK BY PRISONERS; REPEALING CHAPTER 4 OF TITLE I Of THE VILLAGE CODE OF McCALL; IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, BY TEE ADDITION OF A NEW CHAPTER 4 OF TITLE I OF TEE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR A CITY i SEAL; REPEALING CHAPTER 5 OF TITLE I OF TEE VILLAGE CODE OF rIcCALL , IDAHO; AMENDING TITLE I OF THE. VILLAGE CODE OF rIcC.ALL IDAHO, BY THE ADDITION OF A NEW CHAPTER ' 5 : TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO: TO PROVIDE FOR AN OFFICIAL CITY NEWSPAPER: REPEALING CHAPTER 6 OF TITLE I OF THE VILLAGE CODE OF McCALL. ID AHO ; AMENDING TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 6 OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR INITIATIVE MID REFERENDUM TO PROVIDE FOR PETITIONS, NUMBER OF SIGNERS; TIME FOR FILING: TIME FOP ELECTIONS THEREUNDER AND TO PROVIDE REQUIREMENTS FOR SIGNATURE AND VALIDATION OF PETITIONS; REPEALING CHAPTER 7 OF TITLE I OF TEE VILLAGE CODE OF McCALL, : IDAHO; AMENDING TITLE I OF TEE VILLAGE CODE Or, McCALL, IDAHO: BY THE ADDITION OF A NEW CHAPTER ". TITLE I OF TBE VILLAGE CODE OF McCALL; IDAHO, TO PROVIDE FOR TEE DUTIES AND SALARY OF IIA OR ; REPEALING CHAPTER 8 OF TITLE I OF TIE VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 8, TITLE I OF TEE H VILLAGE CODE OF McCALL, IDAHO, TO PROVIDE FOR THE AUTHORITY, DUTIES AND POWERS OF THE CITY COUNCIL, TO PROVIDE FOR REGULAR MID SPECIAL MEETINGS AND TO PROVIDE FOR CALLING OF SPECIAL MEETINGS, TO PROVIDE FOR THE TIt1E FOR COUNCIL MEETINGS, AND TO PROVIDE FOR THE SALARY OF COUNCIL MEMBERS; REPEALING CHAPTER 9 OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW CHAPTER 9, TITLE E I OF TEE VILLAGE CODE OF McCALL, , IDAHO ; TO PROVIDE FOR OATHS OF CITY OFFICERS, TO PROVIDE FOR BONDS FOR CERTAIN CITY OFFICERS, TO PROVIDE FOR FIXING OF SALARIES OF CITY OFFICERS: TO PROVIDE FOR APPOINTMENT AND REMOVAL OF CITY OFFICERS: TO PROVIDE THAT CITY OFFICERS SHALL BE EXEMPT FROM THE PERSONNEL RUES S OF THE CITY OF McCALL, ; EXCEPT FOR DUTIES It O SED UPON CITY OFFICERS AS DEPARTMENT HEAD` TO PROVIDE THAT All OFFICER hAY BE APPOINTED - PE ._i i ONE OFFICE, TO PROVIDE FOR APPO INTt 'NT OF DEPUTY CITY OFFICERS TO PROVIDE THAT THE CITY MAY CONTRACT FOR THE SERVICE OF CITY OFFICERS, AND DESIGNATING CITY OFFICERS AND FIXING THEIR Dr"I'.LE AND RESPONSIBILITIES; REPEALING CHAPTER 10, TITLE I OF THE VILLAGE CODE OF McCALL , IDAHO; AMENDING TITLE : I OF THE VILLAGE CODE OF. McCALL . IDAHO, BY THE ADDITION OF A NEW CHAPTER 10 OF THE VILLAGE CODE OF I1c:CALL : IDAHO, TO PROVIDE FOR TIDE APPOINTMENT OF TEMPORARY ADVISORY CONNITn±ES AND TO PROVIDE FOR THE DUTIES THEREOF TO BE FLED BY THE COUNCIL, TO PROVIDE THAT THE PLANNING AND ZONING COMMISSIONS) SHALL BE A PERMANENT conhissioN AND TO PROVIDE FOR THE DUTIES OF SUCH CONMISSION; REPEALING CHAPTER 11, TITLE I OF THE VILLAGE CODE OF I'IcCALL , IDAHO; AMENDING TITLE I OF THE VILLAGE CODE OF McCALL , IDAHO, BY THE ADDITION OF A NEW CHAPTER 11, TITLE I OF THE VILLAGE CODE OF McCALL : IDAHO, TO PROVIDE FOR THE APPOINTMENT OF AN URBAN RENEWAL BOARD OF COMMISSIONERS, TO PROVIDI FOR THE NUMBER OF NEUTERS THEREOF AND TERNS OF OFFICE AND TO PROVIDE FOR THE POWERS. AND DUTIES OF 'TEE URBAN RENEWAL COIIl'IIsSION; REPEALING CHAPTERS 12, 13, 14, 15, 16, 17 AND 18 OF TITLE I OF THE VILLAGE CODE OF McCALL, IDAHO; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DA'i'h,. A suTi;niary of the principal provisions of Ordinance No. 685e4ot the cit._. of McCall; Idaho, adopted on May 23, 1991, is as follows: Section 1: Amends Section 1-1-1 . cif . the Village Code. of McC.-.Il Idaho, to change the name of the official city ;bode and the manner of citing thereof. Section 2: Amends Section 1-1-2 Idaho, to strike the word "Village: Section 3: Amends Section 1-1-3 Idaho, to strike the word "Village" Section 4: Amends Section 1-1-4 Idaho, to strike the Word "Village" of the Village Code of McCall, of the VillageCode of C� e 1:i;;:Ca.i.l of the Village Cod of NeCall, Section 5: Repeals Section 1-1-5 of the Village Code of NoCall. Idaho. Section 6:, Adds a new Section 1`1-5 to Chapter 1 of Title I of the Village Code of NeCall; Idaho, . to provide definitions. Section 7: Amends Section 1-3-1 of the Village Code of McCall. Idaho, to change Probate or Justice Court, to the Magistrate's division of the District Court, to increase the daily rate .from $5. 00 per day to $10.00 per day, for time served in the event of default in the payments of fines, and to strike the provision regarding revocation of business licenses and to strike provisions relating to work by prisoners. Section 8: Repeals Chapter 4 of Title I of the Village Code of McCall, Idaho. Section 9: Adds a new Chapter 4 to Title I of the Village Code of McCall, Idaho, to provide for a city seal. Section 10: Repeals Chapter 5 of Title I of the Village Code of McCall, Idaho. Section 11: Adds a new Chapter 5 to Title I of the Village Code of McCall, Idaho, to designate an official city newspaper. Section 12: Repeals Chapter 6 of Title I of the Village Code of McCall, Idaho. Section 13: Adds a new Chapter 6 of Title I of the Village Code of McCall, Idaho, to provide for initiation and referendum and the requirements to be met. Section 14: Repeals Chapter 7 of Title I of the Village Code of McCall, Idaho. Section 15: Adds a new Chapter 7 of Title I of the Village Code of McCall, Idaho, to provide for the authority, duties, powers and salary of Mayor. Section 16: Repeals Chapter 8 of Title I of the Village Code of McCall, Idaho. Section 17: Adds a new Chapter 8 of' Title I of the Village Code of McCall, Idaho, to provide for authority, duties and powers of the City Council, provides for regular council meetings and the time and place thereof, and provides for calling of special meetings, provides for the time of meetings and provides the salary of council members. Section 18: Repeals Chapter 9 of Title I of the Village Code of McCall, Idaho. Section 19: Adds a new Chapter 9.of Title I of the Village Code of McCall, Idaho, to provide for oaths of city officers, to provide for bonds of certain officials and the fixing of salaries therefor, providing for manner of appointment and removal of city officers, providing for applicability .of city personnel rules, providing that an officer may hold more than one office, and providing that officers may be employees or be contracted with and providing the manner of appointment and removal of contracted officers, designating city officers and describing the duties of each such officer. Section 20: Repeals Chapter 10 of Title I of the Village Code of McCall, Idaho. Section 21: Adds a new Chapter 10:of Title I of the Village Code of McCall, Idaho, to name boards, committees and commissions and prescribe their duties. EXHIBIT "A"-3 Section 22: Repeals Chapter 11 cf Title I of the Yill:.ce_. C c of rlcCal l , Idaho. Section 23: Adds a new Chapter 11 of Title I of the Villas e Code of rlcCall, Idaho, to provide for the appointment of an urban renewal board of commissioners, term cf office of commissioners and duties. Section 24: Repeals Chapters 12, 13, 14 16. 16. 17 and 'i of Title I of the Village Code of licCall, Idaho. Section 25: Provides for severa.bilit:y. Section 26: Provides for an effective date. The full text of Ordinance No. 56-his available at HALL and will be provided to any personupon personal request during norideI office hours. T ; i . ed this 3 r d d a. y of 'flay, ,. 1991. CITY +. CicCALL CERTIFICATION OF C 1 Y . TIA)RNE Y I. the undersigned City Attorney for and legal advisor to the City of 1.1cCall, Valley County: Idaho: herebycertify' that .[ have read the attached summary of Ordinance No. 585 6f the Cit.., of Nc:Call. end that the same is true and complete and providas adequate notice to the public of the contents of said Or in .no. . r Robert H. Remak/us City Attorney