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Home My Public Portal AboutOrd. 751 - Fee WaiverORDINANCE NO. 751 AN ORDINANCE BY THE CITY OF MCCALL, IDAHO, ADDING TITLE 1, CHAPTER SEVEN, SECTION 060(L) OF THE MCCALL CITY CODE TO ALLOW THE CITY MANAGER TO WAIVE FEES TO BE CHARGED WHEN SUCH A WAIVER WOULD BE IN THE PUBLIC INTEREST, IF THE REQUESTER DEMONSTATES AN INABILITY TO PAY, OR WHEN THE WAIVER CONFORMS TO AN APPROVED DEPARTMENTAL POLICY; PROVIDING SEVERABILITY; REPEALING CONFLICTING PROVISIONS; AND ESTABLISHING AN EFFECTIVE DATE. Whereas, the McCall City Council establishes resolutions for the collection of fees; and Whereas, the City Manager should have the authority to allow for waiving of all or part of fees when such a waiver would be in the public interest, if the requester demonstrates an inability to pay, or when the waiver conforms to an approved departmental policy; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, as follows: Section 1: Section 1-7-060(L), McCall City Code is hereby added as follows: 1-7-060(L): POWERS AND DUTIES: The City Manager shall: (A) Have general supervision over the business of the City. (B) See that the ordinances and policies of the City are compiled with and faithfully executed. (C) Attend all meetings of the Council at which the City Manager's attendance is required by that body. (D) Recommend for adoption to the Council such measures as the City Manager may deem necessary or expedient. Page 1 of 3 January 25, 2001 Ordinance No. 751 (E) Make the appointment of all department heads, subject to confirmation of such appointment by the Council and such civil service regulations as may relate thereto; provided, however, that the City Attorney shall be excluded from the scope of the City Manager's appointment, termination and supervisory authority. The City Attorney shall report directly to Council; however the services and facilities of the City Attorney shall be made available to the City Manager and, under guidelines of the City Manager, to the officers, department heads and staff of the City as to City business. (F) Prepare and submit to the Council such reports as may be required by that body, or as the City Manager may deem advisable. (G) Keep the Council fully advised of the financial condition of the City and its future needs. (H) Prepare and submit to the Council a tentative budget for the next fiscal year. (I) Perform such other duties as the Council may establish by ordinance or resolution. (J) Terminate a department head's appointment, subject to confirmation of such termination by the Council and such civil service regulations as may relate thereto. (K) Possess such powers as are vested in the Mayor as provided in Idaho Code section 50-606. (L) Authorize the waiver of fees when such a waiver would be in the public interest, if the requester demonstrates an inability to pay, or when the waiver conforms to an approved departmental policy. • An affected person(s) aggrieved by a decision by the City Manager may appeal such decision in writing to the Council within 60 days of notification of denial by the City Manager. Page 2 of 3 January 25, 2001 Ordinance No. 751 Section 2: Severability. This ordinance is hereby declared to be severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 3: Repeal of Conflicting Provisions: All provisions of the current McCall Municipal Code or ordinances of the City of McCall that conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 4: Effective Date: This Ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of a newspaper of general circulation in the City of McCall. APPROVED AND PASSED this day of January 25, 2001. 1_an Muller Mayor Cathleen A. Koch' Finance Director/City Clerk Page 3 of 3 January 25, 2001 Ordinance No. 751 City of McCall Certificate of Recording Officer STATE OF IDAHO} } County of Valley } I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, 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 the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 751 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on January 25, 2001 and duly recorded in my office; and 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 and that a legally sufficient number of members of the Council 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 20th day of July 2001. Cathleen A. Koch, City Clerk Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist of The Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publica- tion of such notice began February 8, 2001 and ended February 8, 2001. Subscribed and s(ort3rn befortrhe this the 9th day of February, 2001. STATE OF IDAHO COUNTY OF VALLEY On this 9th day of February, in the year of 2001, before me, a Notary Public, personally appeared Carol J. Wright, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06 ORDINANCE.N0.,751 '; olthwacE BY4111 CIT1" .CCAII iID4Ho XDDING'TIT' .:HAPTE,IFSE�EIV SE6TION 060(L)OF�+ ;THE lyICCALL CITY CODE TO AIZOW I THE. CITY' 4ANAGER TONAIV'E:'FE�e TO BE CHARC,EDWHEN SUCH A WP"n ' .i WOULD BE IN THE PUBEIC INTERES, , THE' REQUESTER'+DEMONSTATES INABILITY4t2'6PAY, OR WHEN; TH ;:WAIVER_CONFORMS TO AN AKIKWF-D ;, :,DEPARTMENTAL POLICY PROVIDING ; SEVERABIL 71.:MPEALING CONFLICT `T. ING PROVISIONS; AND,E3TABLISiiING'. AN EFFECTIVE DATE, t'� � �? Whereas the McCall Ctty Council.esta' lishes resoluttons forthe collection of fees' and Whereas,'the 00,*apager should have f feeshwhent such a;wa re Vwouldtibe mP ohe •,,pubhc"interest` if the requester, deinonstrates kn.;, ,anability.,io pay, or when•the waiver conforitis to an apptovedidepartmetital`policy, r r h ;,i NOW- ITIEEREFOREiBEIT,ORDAINEIVe, • BY THE; MAYORAND`clo,tm II�.QFTHE+ :.CITY ,OF MCA CLL VALLEY .cous' v • IDAHO as follows t ' r..,_,, Section 0(I •City.Code•is hereby adapt"ns follows;; 1',7-060(1);PO ,*./P DDUTIt ,.City Manager shall F (A) Havegenera,' genal superviston overthe busi ! ness.of the Ctty i w (B) See that the ordinances and p *pies o1 the city; are cotnpiled with and farthfplly , (C).'Attend all:meetmgs of the Cputtcil which the City�.Manager+syattendanc'e; i ?rquired,by that body • • :, (D)Recommend fgr+�adoption to the Conn cil suck measures as the City Mana` ' �ger may'z `•deetrt,necessary or_expedient• ,(E) Make t „0,40,ointinent_of all}•depart-:j 4:inent,headsi,spbleCt to confirmation of`such.. 1415,9inttnenc byttbe CotinCil:.and rsuch°etvil rservrce regtilatiOna as, mayirelate thereto;`pro-.t, �4�i°ded,howeYerr tharthe City, Attorney shall be }hezcludedfromthe+scopeoftlieCrty'Manager s: •F4pointment, termination and supetvisory au tlterity 'flie CityAttorney shall report directly" to'Council°,howeverthe serinees a94 facilities•f � .of the city Attot�t�eyshalI be made available to; ifivitimi3.41,02-iid''Aiii4Oguidelines of the; gCltYMArtage i4i tlieoffcer departmentheads, at►d'stiff 'of the,:ity :as ii City, business ; 0) P000 and submit to the Council such' ieports a09ay be required byF that body, or as • the City Manager may 4pem•advisable (,) Keep the Council fully adviaed of the ;financial eondition of'tbe City" and its future hrieeds,.;8 - .� e , �, .,• - (IP Piepare andrsu rait-to the Council a tentativebudgetforihenextfiscalyear° i (I) Pprlorgt such otherdutiesas the' Council H may establish bY`ordinauce or;resolutioh + (.)Tlerm}nateadepaitiiienthead sappoint anent sitdlectt'to,'confirtnation ofr s001 "tefttiin#31, by the tibiteil:and such civilser utcelegulationsas;iiiay - relate theretO ' z '19 Possess such poyvets'as are vested ui Maya%as provjdedcia Idaho Code,sepoq i i r >, ,; t Authorize the waiver Qf fees when such 'a waiver Would be M he public interear,,if the; tquester denoitstrates an,inabilityto•paY or: 'Witk teh lfidi tejir- +ss)deparmrtO poliy ., iaffectedperon(. '(+aggrievd bya decision by,the Ciry Manager= • • • y ,14%, T pp'eal such1:�deoision im vtngng; to• the: Ye( :;.X.OutiCil:withiii 60days of notification of denial theCif$Alanage.r..: ' • ' • .• • Sev,erahility • Ordinance' ishereby deelare'd*be -:,!...S`e,igrable.ShOuld any'provision of this ordi-' ?.•:ti.ahee.' :..declared .15)frfa .Cotirt" of •&-;:e0iiiifeieriilitisilietion;: the -iemaining-Proid. siotis Shall continue in full force and effect and shall he read to carry out the piirpOSe(s), Of the • 'Ordininee.befOre the deciaiaticin of partial in yalidity. • • • ' • Repeal of:Conflicting-:Provi7. piO4isions of the current MCCaliAt- i niChialCode or ordinances of the City of MCCall ahaY conflict with the•proyisions of this'Ordi-: "..s..:iiiiiei:areii.erebyjepealed to the extent of such • •-• " • Effective Date: . • $,.•:)!.,Jhi.SS)rdininCe sliali.talce effect' and be in 'jun:R.00pm. itkpasSage,' appioVat and•pub, '21ieitiOn in'one'isSue of a.newspiaper ofgeneral v.ejrculatibii,inithe Citiof McCall,: • • • •,,,'14APPROVED.:AND, PASSED titia', day. of : • f'Y-F;'..ATTEST:!Cathleen.A.. Koch, Finance Di-. (.-iietor/CitY'Clerk, l'te2/8 ".. . ; 4