HomeMy Public PortalAboutPacket_CCMeeting_10172017City Councihvleeting
October 17, 2017
Tab A
Agendas
Tab B
Minutes
1. City Council Work Meeting - September 19tn
2. City Council Meeting - September 19t"
Tab C
Financials
Tab D
Amending City Code Sections 8-2-2 and 8-
2-42 through 8-2-45 Relative to Cross
Connection Provisions
Tab E
Approval of Bonneville County Contract
Tab F
Approval of Fiscal Year 2017/2018 Legal
Services Proposal
Tab G
Tab H
TAB A
AGENDA1
Iona City Council Special Work Meeting
October 17, 2017 — 6:00 p.m.
Iona City Hall — 3548 North Main Street
1. WELCOME
2. ROLL CALL
3. CONSENT AGENDA
4. ITEMS OF BUSINESS
a. Meet the Candidates for the 2017 General City Election
5. ADJOURNMENT
1 The Idaho Open Meeting Act prohibits Council deliberation or a decision on matters that are not specifically listed
on the Agenda. Persons wishing to items placed on the Agenda should contact the City Clerk no later than the
Tuesday Prior to the next meeting. Persons needing special accommodations to participate in the meeting should
contact the City Clerk no later than 1:00 p.m. on the day prior to the meeting.
AGENDA1
Iona City Council Regular Meeting
October 17, 2017 — 7:00 p.m.
Iona City Hall — 3548 North Main Street
1. WELCOME
2. ROLL CALL
3. PLEDGE OF ALLEGANCE
4. CONSENT AGENDA
a. Minutes
b. Financial and Expense Reports
5. ITEMS OF BUSINESS
a. Approval of Ordinance 216-10-17 Amending City Code Sections 8-2-2 and 8-2-
42 through 8-2-45 Relative to Cross Connection Provisions
b. Approval of Bonneville County Law Enforcement Contract for 2017
c. Approval of Fiscal Year 2017/2018 Legal Services Proposal
d. General Water Discussion
e. Sports Recreation Director
f. Discussion of Part -Time Help
g. Veteran's Day Program
h. Annual Iona Trunk or Treat
i. Staff Reports
6. ADJOURNMENT
' The Idaho Open Meeting Act prohibits Council deliberation or a decision on matters that are not specifically listed
on the Agenda. Persons wishing to have items placed on the Agenda should contact the City Clerk no later than the
Tuesday prior to the next meeting. Persons needing special accommodations to participate in the meeting should
contact the City Clerk no later than 1:00 p.m. on the day prior to the meeting.
TAB 6
CITY COUNCIL SPECIAL MEETING
SEPTEMBER 19, 2017 — 6:00 P.M.
IONA COMMUNITY CENTER
PRESENT: Mayor Brad Andersen, Council President Dan Gubler, Council Member Rob Geray,
Council Member Dan Garren, Council Member Kathy McNamara, City Clerk Shara Roberts,
Public Works Director Zech Prouse, and Chief of Police Karl Bowcutt.
ABSENT: None.
VISITORS: Ted Hendricks, Paul Scoresby, Emily Downey, and John & Sally Price.
Discussion of Water System Improvement Project: Engineer Paul Scoresby and Ted
Hendricks with the East-Central Idaho Planning & Development Association (ECIPDA)
presented a draft public information flyer for the Council's review. He explained the purpose of
the flyer is to inform, educate, and announce the public information meeting regarding the water
system improvement project. He encouraged each member of the Council to hand the flyers out
in their respective neighborhoods.
Council Member Geray noted the amount for the water connection fee should be corrected to
$4,859.
Mr. Hendricks explained the monthly water rate increase of $19.00 is based on a worst case
scenario if other funds are not secured.
Council Member McNamara recommended including the interest rate for additional information.
Mayor Andersen recommended including an explanation of what peak hour demand is and what
could happen if exceeded, such as the City receiving fines and having to implement a mandatory
limited watering schedule.
Council Member Garren commented he liked the short and sweet format they have presented.
However, he feels there should be a little bit more information provided and handed out an
additional flyer for the Council's review.
Mr. Hendricks recommended keeping the invitation to the public information meeting short and
sweet, and using the informational flyer Council Member Garren drafted as additional
information for the meeting.
Mayor Andersen recommended including information regarding deficient fire flow requirements.
Mr. Hendricks recommended the Council host at least two public information dates before the
November 7th Election.
After further discussion, the Council set the date for the first public information meeting for
Thursday, October 12th at 7:00 p.m. Additionally, they directed Clerk Roberts to have a banner
1
made up, include it in October's newsletter, contact the Post Register to include an article, and
have copies made of the informational flyers.
Mr. Hendricks and Mr. Scoresby will take the revisions suggested here tonight and have a final
document back to Clerk Roberts for distribution.
Preventive Maintenance for Air Conditioner (AC) Installation: Director Prouse presented a
preventive maintenance agreement for the AC Installation for the Council's consideration,
"Exhibit A". He explained the City would receive a discounted labor rate of $65 per hour
compared to a normal labor rate of $95. After further discussion, the Council agreed to have the
maintenance done on a semi-annual basis for this first year.
Discussion of Amending Iona City Code Title 4, Chapter 1 titled Business Licenses: Due to
time constraints, this agenda item was discussed during the regularly scheduled city council
meeting.
Iona Historical Museum Budget: Due to time constraints, this agenda item was discussed
during the regularly scheduled city council meeting.
Scheduling of Monument Dedication — Sally Price: Mayor Andersen announced the
monument outside of the City building is complete and recognized John and Sally Price for all of
their hard work on this project. He discussed having a dedication for the monument. After further
discussion, the Council decided the dedication would be held on Thursday, October 12th at 6:00
p.m.
Mayor Andersen directed Clerk Roberts to contact the Post Register about this event, and include
information in October's newsletter.
Meeting adjourned 6:55 p.m.
COUNCIL APPROVED: October 17t", 2017
ATTEST:
Brad Andersen, Mayor
Shara Roberts, City Clerk
2
CITY COUNCIL REGULAR MEETING
IONA COMMUNITY CENTER
SEPTEMBER 19, 2017 — 7:00 P.M.
PRESENT: Mayor Brad Andersen, Council President Dan Gubler, Council Member Rob Geray,
Council Member Kathy McNamara, Council Member Dan Gauen, Attorney Dale Storer,
Attorney Andrew Rawlings Public Works Director Zech Prouse, City Clerk Shara Roberts, Chief
of Police Karl Bowcutt, and Treasurer Amy Sullivan.
ABSENT: None.
VISITORS: Emily Downey, Susan Gardner, and Sally Price.
Mayor Andersen welcomed everyone and led with the Pledge of Allegiance. A roll call was
taken to open the meeting.
CONSENT AGENDA: Mayor Andersen entertained a motion. Council President Gubler moved
to add Discussion of Amending Iona City Code Title 4, Chapter 1 titled Business Licenses and
the Iona Historical Museum Budget to the agenda due to time constraints in the special work
meeting. Council Member Geray seconded the motion. All in favor, motion carried.
Attorney Storer introduced Attorney Andrew Rawlings to the Council and the public. He
explained he discussed with Mayor Andersen having Attorney Rawlings start working on the
City of Iona account.
Mayor Andersen recognized Council President Gubler for his efforts towards working with
Alpine Heating and Air to get the air conditioning/heating units installed in the City Council
Chambers and the City Office.
City Council Minutes of August 15, 2017 were reviewed. Council reviewed the finance reports
for the period ending August 31, 2017 (92% of the fiscal year elapsed). The City had
$995,348.79 in the bank and routine bills had been paid, "Exhibit A".
Mayor Andersen entertained a motion. Council Member Geray moved to approve the consent
agenda as presented. Council President Gubler seconded the motion. All in favor, motion carried.
ITEMS OF BUSINESS:
Approval of Resolution No. 2017-02 Pertaining to Water Connection Fee Increase — Public
Hearing: Mayor Andersen explained the Council has been working over the last several months
with the City Attorney and Engineer to calculate an appropriate water connection fee to be
charged whenever a new connection is made into the City's water system. Historically, the City
has charged $3,000 per connection.
He further explained historically, water rights have not been considered as part of the calculation
under the equity buy in method. However, when including the value of the City's water rights
they are able to justify the increase to $4,895. Mayor Andersen recognized Council Member
1
Geray for his efforts in thinking outside of the box and advocating towards something which has
never been done before.
Mayor Andersen then explained the public hearing process and opened the public portion of the
hearing; those in favor, none; neutral, one; opposed none.
Emily Downey located at 3162 Ashwood Ln. expressed she was in favor of the increase if it
makes sense to her and inquired what all was included in the equity buy in calculation to come
up with the increased number.
Attorney Storer explained when someone connects to the City's water system they receive the
benefit of a fully established system. A water connection fee is designed to ensure developers
pay for their fair share of the system. He further explained as long as you calculate the fee in a
manner representative of the value of the system it will be viewed as an appropriate fee. In that
calculation, you would include water lines, pumps, tanks, value of water rights, etc. which would
give you the total value of the system and then you divide it by the number of users connected to
that system.
Mayor Andersen closed the public portion of the hearing.
Mayor Andersen entertained a motion. Council President Gubler moved to approve Resolution
No. 2017-02 pertaining to the increase of the water connection fee to $4,895.00 per hook up.
Council Member Geray seconded the motion, "Exhibit B". Approval of the resolution was taken
by a roll call vote:
Council Member Geray: Yes Council Member Gubler: Yes
Council Member Garren: Yes Council Member McNamara: Yes
Approval of Resolution No. 2017-03 Electrical and Plumbing Inspectors: Mayor Andersen
entertained a motion. Council Member Geray moved to approve Resolution No. 2017-03
pertaining to the appointment of the electrical and plumbing inspectors. Council Member
McNamara seconded the motion, "Exhibit C": Approval of the resolution was taken by a roll call
vote:
Council Member Geray: Yes Council Member Gubler: Yes
Council Member Garren: Yes Council Member McNamara: Yes
Final Plat Approval for Jerry Hansen Subdivision on Hansen Avenue: Director Prouse
reported the accurate final plat was never submitted for approval back in 2014 when this was
presented to Planning and Zoning and the City Council. He has reviewed the plat and is
comfortable with the information.
Mayor Andersen entertained a motion. Council President Gubler moved to accept the final plat
for Jerry Hansen's Subdivision on Hansen Avenue. Council Member McNamara seconded the
motion. Approval of the final plat was taken by a roll call vote:
Council Member Geray: Yes Council Member Gubler: Yes
Council Member Garren: Yes Council Member McNamara: Yes
2
General Water System Discussion: Mayor Andersen explained the City will be holding a water
bond election on Tuesday, November 7th for the purpose of making improvements to the water
system. As a result, they have scheduled a public information meeting for Thursday, October 12th
at 7:00 pm. The Council will also be taking a flyer door to door to the residents to discuss with
them in person the improvements they are hoping to accomplish.
Director Prouse reported he has updates on some action items he was assigned from previous
meetings. In regards to the railroad permitting process he has all the documentation and is in the
process of submitting the permit for approval.
Additionally, he has spoken with Rocky Mountain Power about bringing the service up to the
tank site. He expressed there is a possibility it would need to go under the asphalt on 49th in order
to make this happen. However, Engineer Paul Scoresby already figured that cost into the project.
Mayor Andersen requested Council President Gubler to get something in writing from
Progressive Irrigation regarding the permitting to bore under the canals if the bond passes.
Mayor Andersen inquired about the status of the evaluation of the water rights. Attorney Storer
explained as the Council should recall he recommended a formal evaluation of the water rights
as part of the increased water connection fee. The first quote he received came in a little high. He
has received a second quote for about $3,000 - $4,000, and is still waiting on a response from
another entity. He is hoping to have this back on the agenda for consideration at the next
scheduled city council meeting.
General Annexation Discussion: Mayor Andersen expressed the City is being enclosed and
affected by all the surrounding development. He discussed the possibility of considering
Category B Annexation for a couple of properties adjacent to city limits.
Council President Gubler expressed he didn't disagree, and suggested the Mayor approach the
property owners to see if they are willing to annex into the City.
Council Member Geray expressed he isn't opposed to Category B Annexation. However, it
became a difficult situation when the Council considered it before and then backed off. Before
the City Council pursues this any further he wants to know what has changed and if the Council
as a whole is on board.
Council Member Garren agreed having the conversation with the property owners would be a
good start.
Update on Stanger Building: Director Prouse confirmed the Stanger Building is on the national
register of historical buildings. The City would be in violation if they did any other type of
material than cedar shakes which would cost $24,500 for materials and labor. If the roof requires
new sheeting underneath it could be an additional $4,000 in cost.
Mayor Andersen entertained a motion. Council President Gubler moved to approve the bid for
up to $28,500 for the Stanger Building. Council Member Geray seconded the motion. Approval
was taken by a roll call vote:
3
Council Member Geray: Yes Council Member Gubler: Yes
Council Member Garren: Yes Council Member McNamara: Yes
Approval of Laserfiche Records Management Software: Clerk Roberts reported on a couple
of questions the Council had from last month's meeting. She had a meeting with the sales
representative, and he explained the agreement does have a limited liability clause which covers
anything the City has spent in the last 12 months in the event the data was compromised.
The cloud option has a built-in disaster recovery because the system is automatically backed up 6
times a day with Amazon Web Services. If the City decided to go with the on -premise option it
would be their responsibility to complete system backups to their server which can be difficult
for smaller cities who do not have an IT Department.
The total project cost for the first year for the cloud option would be $6,214.40 with an annual
recurring subscription of $3,044.40. The total project cost for the on -premise option would be
$37,241.75 with a potential annual recurring subscription of $5,596.75.
Mayor Andersen entertained a motion. Council Member Geray moved to approve the purchase
of the Cloud Laserfiche Records Management Software. Council Member Gauen 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: Yes
Discussion of Amending Iona City Code Title 4, Chapter 1 titled Business Licenses: Chief
Bowcutt reported he was reviewing Title 4, Chapter 1 of the Iona City Code because of some of
the issues which have occurred the last few months. He found it does not include verbiage which
would allow the suspension of a business license for city code violations. He has reviewed the
City of Ammon's which does include a suspension provision and would like to propose it for
consideration. After further discussion with Attorney Storer, the Council directed Chief Bowcutt
to work with him on suggested amendments.
Iona Historical Museum: Council Member McNamara reported she has been in contact with
Marilyn Diehl who is the Chairman of the Iona Historical Museum. Mrs. Diehl was under the
impression the Council planned on continuing to pay for utility bills out of their allotted budget
amount each year. However, Clerk Roberts explained to her that was not the case so she
discussed it further with Council Member McNamara.
The Council outlined once again, as the minutes captured from July 18, 2017, the Council agreed
they would continue to not charge the Museum for water service, and it would remain at $1,000.
If there were additional requests past the budgeted amount there are discretionary funds the
Council can consider on a case by case basis. Additionally, all other utility payments are the
responsibility of the Museum.
4
2017 Constitution Week Proclamation — September 17 through September 23: Mayor
Andersen reported the Daughters of the American Revolution (DAR) approached him again this
year to sign the proclamation, "Exhibit D".
Staff Reports: Chief Bowcutt reported there could be some changes this coming year on how
the City pays for the animal shelter through Bonneville County. Mayor Andersen inquired if they
have presented a contract for the next fiscal year. Chief Bowcutt reported he has discussed this
with them and they are running behind this year. However, they should have it available soon for
review and approval.
Clerk Roberts reported on the status of the general city elections for 2017. She reported there are
two candidates for the Mayor's seat which are Brad Andersen and Daniel Gubler. Additionally,
she reported there are four candidates running for two city council seats which are Emily
Downey, Dan Gauen, Kathy McNamara, and Michael Thompson. A resident called inquiring if
a meet the candidates night would be held. After further discussion, the Council scheduled the
meet the candidates night for Tuesday, October 17th at 6:00 p.m.
Meeting adjourned at 8:13 p.m.
COUNCIL APPROVED: October 17th , 2017
ATTEST:
Shara Roberts, City Clerk
Brad Andersen, Mayor
5
TAB C
City of Iona Finance Worksheet - Banks Page: 1
Period: 09/17 Oct 04, 2017 02:30PM
Report Criteria:
Print Source Titles
Total by Source
Print Department Titles
Total by Department
All Segments Tested for Total Breaks
[Report].Account Number ="0110507101175."101221710123175112007511222 511252"," 101242"," 511211"
Prior month 2 Prior month 2017-17
Current year
Account Number Account Title Actual
01-1050 CHECKING - COMMERCE BANK
10-1175 INVESTMENTS -COMMERCE -GENERA
10-1221 ZIONS - GENERAL INVESTMENTS
10-1231 KEY BANK GENERAL INVESTMENTS
10-1242 WESTMARK CD --GENERAL
51-1200 INVESTMENTS -COMMERCE WATER
51-1211 WESTMARK CD -WATER
51-1222 ZIONS - WATER iNVESTMENTS
51-1252 ZIONS BANK --WATER INVESTMENTS
Net Grand Totals:
103,552.31 35.112.92
182,691.66 182,704.07
58,710.12 58,730.51
157, 984.26 157, 986.94
51,759.19 51,759.19
263,035.50 263,053.37
53,871.83 53,871.83
39,167.27 39,181.44
153,004.49 153.058.52
1,063,776.63 995,458.79
12,900.93-
152,720.03
58,749.59
157,989.54
51,759.19
243.078.33
53,871.83
39,194.70
153.109.08
897,571.36
City of Iona
Check Register - Iona
Check Issue Dates: 9/1/2017 - 9/30/2017
Page: 1
Oct 03, 2017 02:38PM
Report Criteria:
Report type: Summary
GL Period Check Issue Date Check Number
Payee
Description
GL Account Amount
09/17 09/05/2017 15256
09/17 09/06/2017 15257
09/17 09106/2017 15258
09/17 09/06/2017 15259
09/17 09/06/2017 15260
09/17 09/06/2017 15261
09/17 09/06/2017 15262
09/17 09/06/2017 15263
09/17 09/06/2017 15264
09/17 09/06/2017 15265
09/17 09/06/2017 15266
09/17 09/06/2017 15267
09/17 09/06/2017 15268
09/17 09/06/2017 15269
09/17 09/06/2017 15270
09/17 09/06/2017 15271
09/17 09/06/2017 15272
09/17 09/06/2017 15273
09/17 09/07/2017 15274
09/17 09/07/2017 15275
09/17 09/11/2017 15276
09/17 09/11/2017 15277
09/17 09/11/2017 15279
09/17 09/11/2017 15280
09/17 09/11/2017 15281
09/17 09/11/2017 15282
09/17 09/11/2017 15283
09/17 09/11/2017 15284
09/17 09/11/2017 15285
09/17 09/11/2017 15286
09/17 09/11/2017 15287
09/17 09/11/2017 15288
09/17 09/11/2017 15289
09/17 09/19/2017 15299
09/17 09/19/2017 15300
09/17 09/19/2017 15301
09/17 09/19/2017 15302
09/17 09/19/2017 15303
09/17 09/21/2017 15304
09/17 09/21/2017 15305
09/17 09/21/2017 15306
09/17 09/26/2017 15313
09/17 09/26/2017 15314
09/17 09/29/2017 15315
09/17 09/29/2017 15316
09/17 09/29/2017 15317
09/17 09/29/2017 15318
09/17 09/29/2017 15319
09/17 09/29/2017 15320
09/17 09/29/2017 15321
09/17 09/29/2017 15322
09/17 09/29/2017 15323
09/17 09/29/2017 15324
09/17 09/29/2017 15325
USPS
ALPINE HEATING & AIR CONDITIONING
AMERICAN CONSTRUCTION SUPPLY & REN
C-A-L-RANCH STORES
CONRAD & BISCHOFF INC.
GREASE MONKEY
HOLDEN KIDWELL HAHN & CRAPO P LL.C.
IDAHO TRAFFIC SAFETY, INC.
INTERMOUNTAIN GAS CO.
LEISURE TIME, INC.
METROQUIP
NETBACK,LLC
PC PLUS
PEAK ALARM
POST REGISTER butt Pttl °Vitr nce dr
ROCKY MOUNTAIN BOILER, INC.
RUSS DONOHOO
TETON COMMUNICATIONS, INC.
VERIZON WIRELESS
WEX BANK q'ot4014,gfo
ALLEN ELDRIDGE
GREG MCBRIDE
BONNEVILLE CO. SOLID WASTE
BONNEVILLE COUNTY PROSECUTOR'S OFF
DIGLINE, INC.
FIRST RESPONDERS
IONA FOOD MART
PORTER'S OFFICE PRODUCTS
PRO RENTALS & SALES, INC
PSI ENVIRONMENTAL
ROWEN SWEEPING
TETON MICROBIOLOGY LAB
THE SHERWIN WILLIAMS CO.
CHEMSEARCH
Void Check
ROCKY MTN. POWER
WESTERN RECYCLING - CURBSIDE
HOME DEPOT CREDIT SERVICES
GREG MCBRIDE
HARTWELL CORPORATION
BLACKFOOT
ALLEN ELDRIDGE
GREG MCBRIDE
CABLE ONE
H.D. FOWLER CO.
IDAHO TRAFFIC SAFETY, INC.
J & N EXTERIORS INC.
POST REGISTER
RMT
TETON MICROBIOLOGY LAB
UNITED MAILING DIRECT
WEX BANK (Police � 4e'5' 44
J & N EXTERIORS INC.
BRENT PURCELL
Mailing Water statements
Install Ductless Air Cond. to City B
Tammsweld & Speed Crete
Maintenance-Misc.
Unleaded Gas
Durango serviced
City Attomey Retainer fees
Orange flags
Natural gas
Splash Pad maintenance & int.
Waterline locator
Office PC's backup
Office IT Services
Qtrly Security alarm monitoring
Candidate Filing Deadline Nibi0
Installed Backflow Preventer & cer
Reimburse credit on closed water
Well alarm dialer updated (208)
Cell phones
Public Works -Fuel -4Z--q •"
Building inspections
Mechanical Inspections
County Dump refuse
QVy. Retainer Services
Utility Locator
Police-uniformg c.c uiP•
Fuel -Public Works
Office supplies
Boom Lift
Garbage pick up
Street Sweeping after chip sealing
Water tests
Glass scrapers
Boiler water treatment program
Street Lights A- Att �ower
Recycling bin
Maintenance supplies
Mechanical Inspections
Amy -Notary Bond & Stamp
Telephones
Building inspections
Mechanical Inspections
Internet
Water meter parts
No Parking No Student Signs
Repair City BIdg.Chimney, mortar,
Candidate Filing Deadline Add •
Kubota repaired
Water tests
Preparing Water statements
Public Works -Fuel 414 $ . 81
Stanger Bldg. Roof Repair
Electrical Inspections
514150 327 81
514820 19,270.00
104710 836.25
514710 391.73
514710 1,065.36
104690 89.97
104160 2,373.00
104710 66.00
514175 65.43
104710 443.37
514710 3,188.60
514150 75.00
514150 37.50
514150 113.79
104155 996.80
514710 1,007.20
011075 117.00
514710 40.00
104960 329.57
104710 698.35
104720 1,732.00
104720 130.00
514710 75.00
104680 300.00
514710 18.81
104690 604.99
104710 11.52
104150 86.67
104710 182.58
514710 199.89
104710 2.960.00
514710 135.00
104710 6.78
514710 204.17
.00 V
104175 8,412.56
514150 19.00
104710 955.09
104720 310.00
104150 50.00
514150 224.20
104720 2,598.00
104720 165.72
514150 59.50
514710 135.99
104710 84.00
104820 6,550.00
104155 39.90
104710 384.19
514710 75.00
514150 221.42
104710 629.25
104820 28.500.00
104720 840.00
M = Manual Check, V = Void Check
City of Iona Check Register - Iona Page: 2
Check Issue Dates: 9/1/2017 - 9/30/2017 Oct 03, 2017 02:38PM
GL Period Check Issue Date Check Number Payee Description GL Account Amount
Grand Totals: 88,433.96
Summary by General Ledger Account Number
GL Account
Debit Credit Proof
Grand Totals:
01-1050 .00 .00 .00
01-1075 117.00 .00 117.00
01-2010 .00 117.00- 117.00-
10-2010 .00 62,470.99- 62,470.99-
10-41-50 364.44 .00 364.44
10-41-55 502.55 .00 502.55
10-41-60 315.00 .00 315.00
10-41-75 1,213.28 .00 1,213.28
10-46.80 300.00 .00 300.00
10-46-90 1,732.88 .00 1,732.88
10-47-10 7,505.06 .00 7,505.06
10-47-20 5,804.16 .00 5,804.16
10-48-20 44,685.00 .00 44,685.00
10-49-60 48.62 .00 48.62
51-2010 .00 25,845.97- 25,845.97-
51-41-50 1,384.60 .00 1,384.60
51-41-60 2,058.00 .00 2,058.00
51-41-75 7,264.71 .00 7,264.71
51-47-10 5,503.66 .00 5,503.66
51-48-20 9,635.00 .00 9,635.00
88,433.96 88,433.96- 00
M = Manual Check, V = Void Check
City of Iona Check Register - Iona Page: 3
Check Issue Dates: 9/1/2017 - 9/30/2017 Oct 03, 2017 02:38PM
Dated:
Mayor:
City Council
Report Critena:
Report type: Summary
M = Manual Check, V = Void Check
City of lona
Reference Date
1.0001 09/07/2017 10-46-90
2.0001 09/01/2017 10-47-70
5.0001 09/08/2017 01-1075
6.0001 09/13/2017 10-46-90
7.0001 09/19/2017 10 -47-90
8.0001 09/13/2017 10-41-50
9.0001 09/13/2017 10-41-50
10.0001 09/19/2017 10-41-50
11.0001 09/20/2017 10-46-90
12.0001 09/26/2017 01-1075
13.0001 09/22/2017 10-46-90
14.0001 09/27/2017 10-41-50
15.0001 09/27/2017 51-41-50
16.0001 09/30/2017 10-41-50
16.0002 09/30/2017 51-41-50
17.0001 09/07/2017 10-41-50
18.0001 09/07/2017 51-41-50
19.0001 09/25/2017 10-46-70
20.0001 09/25/2017 10-46-70
21.0001 09/25/2017 10-46-70
22.0001 09/11/2017 10-41-50
23.000109/11/2017 51-41-50
24.0001 09/05/2017 10-46-70
99001.0001 09/07/2017 01-1050
99002.0001 09/O1/2017 01-1050
99005.0001 09/08/2017 01-1050
99006.0001 09/13/2017 01-1050
99007.0001 09/19/2017 01-1050
99008.0001 09/20/2017 01-1050
99009.0001 09/26/2017 01-1050
99010.0001 09/27/2017 01-1050
99011.0001 09/27/2017 01-1050
Journal Inquiry - Detail
Journal: CD CASH DISBURSEMENTS - COMMERCE - GEN - CHECK
Period: 09/17
Account Number Account Title
POLICE -GENERAL
IONA DAY EXPENSE
UTILITY CASH CLEARING
POLICE -GENERAL
MISCELLANEOUS EXPENSE
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
POLICE -GENERAL
UTILITY CASH CLEARING
POLICE -GENERAL
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
POLICE -TRAINING
POLICE -TRAINING
POLICE -TRAINING
OFFICE EXPENSE & ADMIN.
OFFICE EXPENSE & ADMIN.
POLICE -TRAINING
CHECKING - COMMERCE BANK
CHECKING - COMMERCE BANK
CHECKING - COMMERCE BANK
CHECKING - COMMERCE BANK
CHECKING - COMMERCE BANK
CHECKING - COMMERCE BANK
CHECKING - COMMERCE BANK
CHECKING - COMMERCE BANK
CHECKING - COMMERCE BANK
Description
Police -Equipment
Iona Day Help gift cards (2)
NSFck#995006 acct. 7201 Alvarez, Daniel
Police -Vehicle equipment
Clerk-P&Z gift cards
Clerk-Misc. mtg. supplies
Clerk -Council misc.
Clerk-Misc. appreciation
Police -Mailing
NSF Webster, Morgan acct. 887501 PSN p
Clerk -Mailing postage & insurance for Offic
Clerk -Office supplies
Clerk -Banner for Water Iimprovement Tow
Clerk-Google email manager
Clerk-Google email manager
PSN-Monthly Service Fee charge
PSN-Monthly Service Fee charge
Police -Training rental car
Police -Training fuel
Police -Training lodging
ACH Monthly billing for Direct Deposit-Augu
ACH Monthly billing for Direct Deposit-Augu
Police -Training lodging
TOTAL CHECKS & OTHER CHARGES - COM
TOTAL CHECKS & OTHER CHARGES - COM
TOTAL CHECKS & OTHER CHARGES - COM
TOTAL CHECKS & OTHER CHARGES - COM
TOTAL CHECKS & OTHER CHARGES - COM
TOTAL CHECKS & OTHER CHARGES - COM
TOTAL CHECKS & OTHER CHARGES - COM
TOTAL CHECKS & OTHER CHARGES - COM
TOTAL CHECKS & OTHER CHARGES - COM
Amount
179.13
108.00
30.00
75.24
300.00
19.94
46.80
100.00
7.15
60.00
69.85
41.97
90.00
27.50
27.50
52.70
52.70
784.75
36.53
696.13
20.72
20.72
164.97
179.13-
100.00-
30.00-
75.24-
466.74-
7.15-
60.00-
111.82
90.00
Comment
10/4/2017
Page: 1
City of Iona
Reference
Journal Inquiry - Detail
Joumal: CD CASH DISBURSEMENTS - COMMERCE - GEN - CHECK
Period: 09/17
Date Account Number Account Title
99012.0001 09/30/2017 01-1050 CHECKING - COMMERCE BANK
99013.0001 09/30/2017 01-1050 CHECKING - COMMERCE BANK
99015.0001 09/19/2017 01-1050 CHECKING - COMMERCE BANK
99016.0001 09/11/2017 01-1050 CHECKING - COMMERCE BANK
99017.0001 09/05/2017 01-1050 CHECKING - COMMERCE BANK
Description
TOTAL CHECKS & OTHER CHARGES - COM
TOTAL CHECKS & OTHER CHARGES - COM
TOTAL CHECKS & OTHER CHARGES - COM
TOTAL CHECKS & OTHER CHARGES • COM
TOTAL CHECKS & OTHER CHARGES - COM
Amount
55.00
1,622.81-
8.00-
41.44-
164.97-
0.00
Comment
10/4/2017
Page: 2
CITY OF IONA
REVENUES WITH COMPARISON TO BUDGET
FOR THE 12 MONTHS ENDING SEPTEMBER 30, 2017
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
TAX REVENUE
10-31-10 PROPERTY TAX REVENUE 1,111.65 269,710.75 254.000.00 ( 15.710.75) 106.2
TOTAL TAX REVENUE 1,111.65 269,710.75 254.000.00 ( 15,710.75) 106.2
LICENSES & PERMITS
10-32-20 BEER & DOG LICENSES .00 627.00 600.00 ( 27.00) 104.5
TOTAL LICENSES & PERMITS .00 627.00 600.00 ( 27.00) 104.5
INTERGOVERNMENTAL REVENUE
10-33-10 STATE LIQUOR TAX 00 76,597.00 75,000.00 ( 1,597.00) 102.1
10-33-20 STATE REVENUE SHARING 00 102,756.60 80.000.00 ( 22.756.60) 128.5
10-33-30 STATE HIGHWAY USERS .00 95,562.96 70,000.00 ( 25,562.96) 136.5
10-33-40 POLICE REVENUE 360.00 9,471.59 5.000.00 ( 4,471.59) 189.4
10-33-50 POLICE GRANTS 1,181.00 3,176.00 .00 ( 3.176.00) .0
10-33-80 GRANTS .00 2,000.00 17,000.00 15.000.00 11.8
TOTAL INTERGOVERNMENTAL REVENUE
CHARGES FOR SERVICE
1,541.00 289,564.15
247,000.00 ( 42,564.15) 117.2
10.34-10 BUILDING INSPECTION FEES 1.490.80 60,484.37 75,000.00 14,515.63 80.7
10-34-20 CABLE TV FRANCHISE .00 4,722.43 5,000.00 277.57 94.5
10-34-30 NATURAL GAS FRANCHISE 00 11,754.39 13.000.00 1,245.61 90.4
10-34-40 POWER FRANCHISE 00 23,715.45 25,000.00 1,284.55 94.9
TOTAL CHARGES FOR SERVICE 1,490.80 100,676.64 118,000.00 17,323.36 85.3
OTHER REVENUE
10-36-10 INTEREST 37.64 910.76 500.00 ( 410.76) 182.2
10-36-50 BUILDING RENT 120.00 11,106.25 12,000.00 893.75 92.6
10-36-60 MYAC REVENUE 00 2,390.00 400.00 ( 1,990.00) 597.5
10-36-70 IONA DAY REVENUE .00 3,103.98 1,500.00 ( 1,603.98) 206.9
10-36-90 MISCELLANEOUS REVENUE 60.00 9,476.13 7,000.00 ( 2,476.13) 135.4
TOTAL OTHER REVENUE 217.64 26.987.12 21.400.00 ( 5,587.12) 126.1
FOR ADMINISTRATION USE ONLY
100 % OF THE FISCAL YEAR HAS ELAPSED 10/04/2017 01:32PM PAGE: 1
RECREATION REVENUE
10-37-50 RECREATION FEES
10-37-60 SHELTER RENTAL
TOTAL RECREATION REVENUE
EQUIPMENT REPLACEMENT
CITY OF IONA
REVENUES WITH COMPARISON TO BUDGET
FOR THE 12 MONTHS ENDING SEPTEMBER 30.2017
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT
.00 77,317.00 73,000.00 ( 4,317.00) 105.9
35.00 1,190.00 1,000.00 ( 190.00) 119.0
35.00 78,507.00 74,000.00 ( 4,507.00) 106.1
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 .00 127,700.00 127,700.00 .0
TOTAL RESERVES .00 .00 127,700.00 127,700.00 .0
TOTAL FUND REVENUE
4,396.09 766,072.66
887,700.00 121.627.34 86.3
FOR ADMINISTRATION USE ONLY
100 % OF THE FISCAL YEAR HAS ELAPSED 10/04/2017 01:32PM PAGE: 2
CITY OF IONA
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 12 MONTHS ENDING SEPTEMBER 30, 2017
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
ADMINISTRATION
10-41-10 PAYROLL 12,219.72 122.981.01 120,000.00 ( 2,981.01) 102.5
10-41-20 PAYROLL TAXES 1,294.03 12,379.06 13,000.00 620.94 95.2
10-41-30 RETIREMENT 1.198.00 13,645.42 14,000.00 354.58 97.5
10-41-40 HEALTH INSURANCE 2,861.48 27,558.62 35,000.00 7,441.38 78.7
10-41-50 OFFICE EXPENSE & ADMIN. 674.07 12,387.12 16,000.00 3,612.88 77.4
10-41-55 PUBLISHING 502.55 1,414.12 1,500.00 85.88 94.3
10-41-60 LEGAL & AUDIT FEES 315.00 15,986.52 30,000.00 14,013.48 53.3
10-41-63 ENGINEERING .00 897.50 14,000.00 13,102.50 6.4
10-41-65 TRAINING/TRAVEL .00 4,192.46 4,500.00 307.54 93.2
10-41-70 INSURANCE LIABILITY .00 6,791.50 15,000.00 8,208.50 45.3
10-41-75 ELECTRICITY - NATURAL GAS 1,213.28 16,310.68 17,000.00 689.32 96.0
TOTAL ADMINISTRATION
POLICE DEPARTMENT
20.278.13 234,544.01
280.000.00 45,455.99 83.8
10-46-10 POLICE -PAYROLL 8,257.50 104.585.44 97,000.00 ( 7,585.44) 107.8
10-46-20 PAYROLL TAXES 761.85 9,654.48 11,000.00 1,345.52 87.8
10-46-30 POLICE -RETIREMENT 1,062.82 13,305.28 13,000.00 ( 305.28) 102.4
10-46-40 POLICE -HEALTH INSURANCE 1,708.51 19,159.52 26,000.00 6,840.48 73.7
10-46-60 POLICE -VEHICLE .00 8,073.59 8,000.00 ( 73.59) 100.9
10-46-70 POLICE -TRAINING 1,682.38 5,613.91 5,000.00 ( 613.91) 112.3
10-46-80 POLICE-COUNTY/DISPATCH 300.00 32,138.94 40,000.00 7,861.06 80.4
10-46-90 POLICE -GENERAL 2,097.24 18,031.01 19,000.00 968.99 94.9
TOTAL POLICE DEPARTMENT
MISCELLANEOUS DEPT
15,870.30 210,562.17 219,000.00 8.437.83 96.2
10-47-10 MAINTENANCE 7,505.06 68,311.41 110,000.00 41,688.59 62.1
10-47-20 BUILDING INSPECTIONS 5.804.16 48,557.40 35,000.00 ( 13,557.40) 138.7
10-47-30 EQUIPMENT EXPENSE 00 1,956.70 6,000.00 4,043.30 32.6
10-47-50 CIVIL DEFENSE .00 895.00 900.00 5.00 99.4
10-47-60 MYAC EXPENSE .00 3,171.36 1,500.00 ( 1,671.36) 211.4
10-47-70 IONA DAY EXPENSE 108.00 8,448.71 5,300.00 ( 3,148.71) 159.4
10-47-80 MUSEUM EXPENSE .00 1,229.70 1,000.00 ( 229.70) 123.0
10-47-90 MISCELLANEOUS EXPENSE 300.00 10,734.35 10,000.00 ( 734.35) 107.3
TOTAL MISCELLANEOUS DEPT
CAPITAL OUTLAY
10-48-10 LIBRARY
10-48-20 CAPITAL IMPROVEMENTS
TOTAL CAPITAL OUTLAY
13,717.22 143,304.63 169,700.00 26,395.37 84.5
.00 .00 2,000.00 2,000.00 .0
44,685.00 114,055.58 98,000.00 ( 16,055.58) 116.4
44,685.00 114,055.58 100,000.00 ( 14,055.58) 114.1
FOR ADMINISTRATION USE ONLY
100 % OF THE FISCAL YEAR HAS ELAPSED 10/04/2017 01:32PM PAGE: 3
CITY OF IONA
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 12 MONTHS ENDING SEPTEMBER 30, 2017
GENERAL FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
RECREATION EXPENDITURES
10-49-10 RECREATION LABOR .00 37.565.14 40,000.00 2.434.86 93.9
10-49-20 PAYROLL TAXES .00 4,365.13 4,000.00 ( 365.13) 109.1
10-49-50 RECREATION SUPPLIES .00 12,574.52 16,000.00 3,425.48 78.6
10-49-60 RECREATION EQUIPMENT 48.62 11,992.21 12,000.00 7.79 99.9
10-49-70 RECREATION MAINTENANCE .00 241.82 2,000.00 1,758.18 12.1
TOTAL RECREATION EXPENDITURES 48.62 66,738.82 74,000.00 7,261.18 90.2
EQUIPMENT REPLACEMENT
10-50-10 EQUIPMENT REPLACEMENT .00 12,194.43 45,000.00 32,805.57 27.1
TOTAL EQUIPMENT REPLACEMENT 00 12,194.43 45,000.00 32,805.57 27.1
TOTAL FUND EXPENDITURES 94,599.27 781,399.64 887,700.00 106,300.36 88.0
NET REVENUE OVER EXPENDITURES
( 90,203.18) ( 15,326.98)
.00 15,326.98 .0
FOR ADMINISTRATION USE ONLY
100 % OF THE FISCAL YEAR HAS ELAPSED 10/04/2017 01:32PM PAGE: 4
OPERATING REVENUE
51-31-10 COLLECTIONS
51-31-30 HOOK UP FEES
TOTAL OPERATING REVENUE
WATER
CITY OF IONA
REVENUES WITH COMPARISON TO BUDGET
FOR THE 12 MONTHS ENDING SEPTEMBER 30, 2017
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
25,170.66 297,965.69 288.000.00 ( 9,965.69) 103.5
.00 87,000.00 102,000.00 15,000.00 85.3
25,170.66 384,965.69 390,000.00 5,034.31 98.7
51-35-10 WATER SYSTEM .00 .00 339,700.00 339,700.00 .0
TOTAL WATER .00 .00 339,700.00 339,700.00 .0
MISCELANEOUS REVENUE
51-36-10 INTEREST
51-36-20 MISC REVENUE
TOTAL MISCELANEOUS REVENUE
EQUIPMENT REPLACEMENT
88.78 1,643.84 1.000.00 ( 643.84) 164.4
00 .00 500.00 500.00 .0
88.78 1,643.84 1,500.00 ( 143.84) 109.6
51-38-60 EQUIPMENT RESERVES .00 .00 50,000.00 50,000.00 .0
TOTAL EQUIPMENT REPLACEMENT .00 .00 50,000.00 50,000.00 .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
25,259.44 386.609.53 831,200.00 444,590.47 46.5
FOR ADMINISTRATION USE ONLY
100 % OF THE FISCAL YEAR HAS ELAPSED 10/04/2017 01:32PM PAGE: 5
CITY OF IONA
EXPENDITURES WITH COMPARISON TO BUDGET
FOR THE 12 MONTHS ENDING SEPTEMBER 30. 2017
WATER FUND
PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT
ADMINISTRATION
51-41-10 PAYROLL 4,679.10 79,637.52 90,000.00 10.362.48 88.5
51-41-20 PAYROLL TAXES 477.23 8,051.21 10,000.00 1,948.79 60.5
51-41-30 RETIREMENT 565.82 9,631.53 11.000.00 1,368.47 87.6
51-41-40 HEALTH INSURANCE 1,540.81 21,724.96 19,000.00 ( 2,724.96) 114.3
51-41-50 OFFICE EXPENSE & ADMIN. 1,575.52 17,888.82 15,000.00 ( 2,888.82) 119.3
51-41-60 LEGAL 2,058.00 25,694.48 30,000.00 4,305.52 85.7
51-41-70 INSURANCE LIABILITY .00 6,791.50 6,200.00 ( 591.50) 109.5
51-41-75 ELECTRICITY & NATURAL GAS 7,264.71 45,766.51 50,000.00 4,233.49 91.5
51-41-80 ENGINEERING .00 21,557.00 26,000.00 4,443.00 82.9
TOTAL ADMINISTRATION
MISCELLANEOUS
18,161.19 236,743.53
257,200.00 20,456.47 92.1
51-47-10 MAINTENANCE & REPAIRS 5.503.66 45.651.26 50.000.00 4,348.74 91.3
51-47-20 MISCELLANEOUS EXPENSE 00 3,152.50 1,000.00 ( 2,152.50) 315.3
51-47-30 EQUIPMENT EXPENSE 00 414.99 1,000.00 585.01 41.5
51-47-35 EQUIPMENT RENT 00 .00 2,000.00 2,000.00 .0
TOTAL MISCELLANEOUS 5,503.66 49,218.75 54,000.00 4,781.25 91.2
CAPITAL IMPROVEMENTS
51-48-20 CAPITAL IMPROVEMENTS 9,635.00 14,304.43 480,000.00 465,695.57 3.0
TOTAL CAPITAL IMPROVEMENTS 9,635.00 14,304.43 480,000.00 465,695.57 3.0
EQUIPMENT REPLACEMENT
51-50-10 EQUIPMENT REPLACEMENT .00 .00 40,000.00 40,000.00 .0
TOTAL EQUIPMENT REPLACEMENT 00 .00 40,000.00 40,000.00 .0
TOTAL FUND EXPENDITURES 33,299.85 300,266.71 831,200.00 530,933.29 36.1
NET REVENUE OVER EXPENDITURES ( 8,040.41) 86,342.82 .00 ( 86,342.82) .0
FOR ADMINISTRATION USE ONLY
100 % OF THE FISCAL YEAR HAS ELAPSED 10/04/2017 01:32PM PAGE: 6
TAB D
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF IONA, IDAHO; RELATING
TO REGULATION OF CROSS CONNECTIONS TO THE
MUNICIPAL WATER SYSTEM; REPEALING AND RE-
ENACTING SECTIONS 8-2-2 AND 8-2-42 THROUGH 8-2-45
OF THE IONA CITY CODE PERTAINING TO THE
INSTALLATION OF BACKFLOW PREVENTION
ASSEMBLIES AND INSPECTION OF SUCH SYSTEMS AND
ISSUANCE OF PERMITS THEREFORE; PRESERVING
PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY;
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA,
IDAHO THAT:
Section 1. Repeal and Re -Enactment of Section 8-2-2 of the Iona City Code:
Section 8-2-2 is hereby repealed and re-enacted as follows:
8-2-2: DEFINITIONS: Certain terms used in this Chapter shall have the meanings
ascribed below:
APARTMENT: A structure in which two or more separate residential units
are constructed and designed so the occupants share
common dining or restroom facilities and for which the
occupants pay rent or other consideration.
BACKFLOW: The flow other than in the intended direction of flow, of any
non -potable waters, foreign liquids, gases or harmful or
offensive substances into the City water supply as a result
of reduced, negative or reversedback pressure.
BACKFLOW A device which, when properly installed between the City
PREVENTION water supply system and the terminus of the customer's
DCVICC:ASSEMBLY water line or point of ultimate use, will prevent
Backflow.An apparatus which prevents backflow
CALCULATED GROSS The Gross System Value calculated by the City on any
SYSTEM VALUE: Connection Fee Calculation Date in accordance with the
methodology set forth in section 8-2-14 of this Code.
CCI-ENR:
CITY:
CONNECTION FEE
CALCULATION DATE:
CROSS -CONNECTION:
CURB STOP:
CUSTOMER LINE:
EQUIVALENT
DOMESTIC USER:
EQUITY BUY -IN
METHODOLOGY
EXISTING CUSTOMER:
GROSS SYSTEM
VALUE:
INITIAL GROSS
SYSTEM VALUE:
The Construction Cost Index as published from time to
time by the Engineering News -Record for U. S. Cities.
(See http://www.enr.com)
The City of Iona, Idaho.
The date of any calculation of the Water System Connection
Fee undertaken pursuant to section 8-2-14 of this Code.
Any physical arrangement whereby the City water system is
connected or potentially connected with any other water
supply system, sewer, drain, conduit, pool, storage reservoir
or any other source of water supply which contains or may
contain contaminated water chemicals, sewage or other
waste or liquids which may be harmful to human health or
which may deleteriously affect the City water supply.
The service line valve owned by the City and located near
the customer's property line.
The pipe, valves and fittings leading from the curb stop into
the premises served, including the water box assembly and
water meter (if any) attached thereto.
A hypothetical customer whose needs for water service can
be reasonably and prudently served by a standard one (1.0")
diameter residential water service line.
The methodology for calculating Water Service
Connection Fees as set forth in this chapter.
Any customer of the City whose water service line was
connected to the City water system prior to the effective
date of the Ordinance adopting the Equity Buy -in
Methodology for calculating Water System Connection
Fees.
The total Net Cost to replace all System Assets including all
design, engineering and construction costs associated
therewith, together with all System Cash Revenues held in
the City Water System Capital Improvement Fund, all as
determined according to generally accepted engineering and
accounting practices.
The Gross System Value for the end of the year 2016 as
determined by Schiess & Associates, PC, Engineering
Company as set forth in that certain Engineering Report
dated July 24, 2017, a copy which shall be filed with the City
Clerk immediately following the publication of the Ordinance
adopting this chapter and which shall be there maintained
for inspection by the public.
NET COST:
NET SYSTEM VALUE:
NEW CUSTOMER:
OPEN HOSE:
OUTSTANDING
SYSTEM
INDEBTEDNESS:
SERVICE LINE:
SINGLE FAMILY
DWELLING:
SYSTEM ASSETS:
SYSTEM CAPACITY:
An amount equal to the cost of any System Improvement
less any portion of such amount paid by a state or federal
grant or with in -kind donations or grants in aid of
development by a private person or entity. Such amount
shall include amounts expended for the design, construction
or construction management services necessary to install or
otherwise put such improvements into an operable condition.
The Gross System Value at the time of any Connection Fee
Calculation Date minus any Outstanding System
Indebtedness, Unfunded Depreciation and state or federal
grants, all determined as of the most recent Connection Fee
Calculation Date.
Any customer who connects his or her water service to a
City -owned water main line after the effective date of the
Ordinance adopting the Equity Buy -in Methodology.
The use of water through a hose without a nozzle or other
pressure --limiting device or assembly.
The aggregate unpaid principle balance of any indebtedness
attributable to any bond or loan secured, obtained or issued
by the City for the purpose of constructing System Assets,
or for the purpose of enlarging, expanding or rehabilitating
such improvements as such indebtedness exists at the time
of any Connection Fee Calculation Date.
The water pipe, valves and fittings laid from publicly owned
main line to the water meter box (if present), or the curb
stop, in the absence of a water meter box.
All structures, except hotels, motels, rooming houses
rooming houses and apartments, which contain sleeping,
restroom, cooking and dining facilities.
All main lines, distribution lines, pumps, water tanks,
motor vehicles, back hoes, equipment, inventory, supplies,
water rights and permits and real or personal property of
every kind or nature constructed or purchased at City
expense and used for the purpose of providing culinary
water service to the residents of the City or for the
purpose of providing for the operation and maintenance of
such property.
The total number of Equivalent Domestic Users which may
be reasonably and prudently served by the Water System at
the time of a Connection Fee Calculation Date, as calculated
and determined in accordance with sound and generally
accepted engineering principles.
SYSTEM CASH
RESERVES:
SYSTEM
ENHANCEMENTS:
UNFUNDED
DEPRECIATION:
WATER MAIN:
WATER METER:
WATER SYSTEM:
WATER SYSTEM
BOND:
WATER SYSTEM
LOAN:
All cash revenues and reserves held or controlled by the
City in the City Water System Capital Improvement Fund.
Any improvement, expansion, increase in capacity or
enhancement of any System Asset installed, purchased or
otherwise acquired solely for the use of the Water System
after the date of the Engineers Report by Schiess &
Associates, PC, Engineering Company filed with the City
Clerk, pursuant to this Chapter.
An amount of depreciation for depreciable System Assets,
calculated in accordance with generally accepted accounting
principles determined as of any Connection Fee Calculation
Date for which no reserve has been set aside or otherwise
maintained in the Water Line Capital Improvement Fund for
the purpose of repairing, replacing or rehabilitating existing
System Assets.
Water pipe laid in a street, road, alley or easement within the
City or within an easement controlled by the City or pursuant
to a permit or license issued to the City.
A water meter and its enclosure, valve and related
appurtenances.
The Water System owned and operated by the City.
Any bonded indebtedness issued for the purpose of
constructing, enlarging, rehabilitating or expanding the
capacity of the Water System.
Any loan, the proceeds of which were used to construct,
enlarge or increase Water System capacity or to rehabilitate
any portion of the Water System.
Section 2. Repeal and Re -Enactment of Sections 8-2-42 through 8-2-45 of
the Iona City Code: Sections 8-2-42 through 8-2-45 are hereby repealed and re-enacted
as follows:
8-2-42: UNLAWFUL CONTAMINATION OR CROSS -CONNECTIONS: It shall be
unlawful for the owner, tenant, occupant, lessee or other user of City water my person to
introduce or permit the introduction of pollution or contamination of any kind into the City
water supply system. It shall be unlawful for any person to install or maintain any cross -
connection within the City.
8-2-43: BACK -FLOW PREVENTION ASSEMBLIES ."_."_'_^ IDrV 116E :
(A) It shall be unlawful to install, relocate or remove a back -flow prevention assembly
without a permit, as provided in this section.
(B) Back -flow prevention assemblies shall be installed by the property owner, tenant,
occupant, lessees or other user of Cry-wthe Water System where the nature and
extent of the activities conducted or the materials used or stored on the premises
would present a hazard to the public health or be deleterious to the quality of the
City water supply should a cross -connection occur. Even though cross -connections
may not exist at the time, back -flow prevention assemblies shall be installed under
circumstances including, but not limited to the following:
(1)1Premises having an auxiliary water supply;
L2.) Premises having internal cross -connections that are not correctable, or
having intricate plumbing arrangements which make it impracticable to
ascertain whether or not cross -connections exist;
L3.) Premises where entry is restricted so that inspections for cross -connections
cannot reasonably be made;
k4.) Premises having a history of cross -connections being established or
re-established;
k5.)
Premises on which any substance is handled under pressure so as to permit
the entry of any harmful substance into the public wWater su-pprySystem;
k6.) Premises having pumps or devices which may affect the pressure within any
line connected to the City-wWater supplySystem.
(C) All back -flow prevention assemblies shall be installed in accordance with the
Uniform Plumbing Code, as is presently adopted by the City or as may be amended
hereafter. All such assemblies shall also be installed in accordance with the Cross -
Connection Control Manual, 7th Edition, published in April 2012 by the Pacific
Northwest Section, American Water Works Association Cross -Connection Control
Committee. The City Clerk shall at all times maintain a copy of such Cross -
Connection Control Manual in the offices of the City Clerk. Such copy shall contain
a certification issued by the City Clerk that such copy has been filed for use and
examination by the public.
(D) All back -flow prevention assemblies or devices shall be installed by the property
owner at Prisfhorhis expense and shall be of a type commensurate with the degree
of hazard which exists or which could exist. An air -gap separation or a reduced
pressure principle back -flow prevention assembly shall be installed where the public
water supply may be contaminated with sewage, industrial waste of a toxic nature,
or other contaminant which could cause a public health hazard. In all other cases
where the contaminant may be objectionable but not hazardous to the public health,
a double check valve assembly, an air -gap separation, or a reduced pressure
principle back=flow prevention assembly shall be installed. All back=flow prevention
assemblies or devices and the installation thereof shall be approved by the City
Plumbing Inspector or his agent or designated representative.
(E) All back=flow prevention assemblies and devices installed pursuant to this Chapter,
except atmospheric vacuum breakers, shall be inspected and tested by a certified
tester at the time of initial installation, relocation or substantial repair and annually
thereafter, or more often if deemed necessary by the City. Whenever a back=flow
prevention assembly is found to be defective, it shall be repaired, overhauled, or
replaced and re -tested at the owner's expense. The City Plumbing Inspector or his
agent shall retain adequate records of all inspections, tests,_ or repairs made
pursuant to this Chapter.
(F) If a back=flow prevention assembly is found to be necessary, the owner, tenant,
occupant, or lessee of the property shall apply in writing to the City Clerk forobtain
an installation permit from the City, specifying the type and location of such
assembly or assemblies. It shall be unlawful to install, relocate or remove a back=
flow prevention assembly or device without a permit.
8-2-44: INSPECTION OF NEW CONSTRUCTION: No building, improvement" or
other structure shall be connected to the City water supply unless such structure has been
inspected by the City Plumbing Inspector or his agent and found free of any cross -
connections or other conditions for which a backflow prevention deviceassembly is required
by this Chapter.
8-2-45: INSPECTION OF EXISTING BUILDINGS, STRUCTURES OR
IMPROVEMENTS AND TERMINATION OF WATER SUPPLY: Inspections by the City or
its authorized agent may be made of any existing buildings, structures, or improvements
of any nature receiving water from the City supply. The City Plumbing Inspector or his
agent shall make an inspection of inspect any building, improvement, or structure of any
nature receiving water from the City water supply if there is cause to believe that a cross -
connection exists or that a backflow prevention deviceassembly should be installed
pursuant to this Chapter. Whenever a cross --connection or other source of contamination
to the water supply is found, or it is determined that a backflow prevention deviceassembly
is necessary, the City shall ceaseimmediately terminate delivery of water to such premises
and the water supply shall not be resumed until the cross -connection or source of
contamination is eliminated or aan appropriate backflow prevention deviceassembly has
been installed in accordance with this Chapter.
Section 3. Methodology. Text that is underlined in the preceding sections
means new text added to the former Ordinance or City Code Section, and text that is
stricken through means text that is being deleted from the former Ordinance or Code
Section. Text that is moved from one location in the former Ordinance or Code Section to
another location is similarly shown as underlined text.
Section 4. Severability. The sections and subsections of this Ordinance are
severable. The invalidity of any section or subsection shall not affect the validity of the
remaining sections or subsections.
Section 5. Preservation of Prior Ordinance. The sections of the City Code
repealed or amended by this Ordinance shall be preserved to the extent necessary to allow
the arrest, prosecution and punishment of any person who violates such provisions prior
to the effective date hereof.
Section 6. Effective Date. This Ordinance shall become effective upon its
passage, execution and publication in the manner provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this day of
, 2017.
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; RELATING TO REGULATION
OF CROSS CONNECTIONS TO THE MUNICIPAL WATER SYSTEM; REPEALING AND
RE-ENACTING SECTIONS 8-2-2 AND 8-2-42 THROUGH 8-2-45 OF THE IONA CITY
CODE PERTAINING TO THE INSTALLATION OF BACKFLOW PREVENTION
ASSEMBLIES AND INSPECTION OF SUCH SYSTEMS AND ISSUANCE OF PERMITS
THEREFORE; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY;
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE."
Shara Roberts
City Clerk
G:\WPDATA\DWS\2708 City of Iona\Public Works \ Ordinances \Cross Connection Fee \Cross Connection.ORD.cmp.4v1.wpd:sm
TAB E
STAY TUNED!
TAB F
Holden Kidwell
Hahn & Crapo P.L.L.C.
LAW OFFICES
September 20, 2017
Mayor Brad Andersen
City of Iona
P.O. Box 400
Iona, ID 83427
Re: 2017/2018 Legal Services Retainer
Dear Mayor Andersen:
1000 Riverwalk Drive, Suite 200
PO Box 50130
Idaho Falls, Idaho 83405
Tel: (208) 523-0620
Fax: (208) 523-9518
www.holdenlegal.com
8-MAIL: dstorer@holdenlegatcoin
Enclosed please find a Retainer Agreement for the 2017/2018 fiscal year. We propose to
provide legal services to the City at an hourly rate of $220 per hour for senior partners, $210 for mid-
level partners and $175 per hour for associates.
As we have discussed, Mr. Storer intends to retire at the end of 2017, at which time we
propose that Mr. Andrew Rawlings be appointed as the new City Attorney. Mr. Andrews is currently
an associate at the firm and his rate will be $175 per hour. Mr. Storer will continue to attend regular
City Council meetings on a once a month basis without charge to the City. Any other special
meetings or work sessions will be billed at the above rate of $220 per hour. Mr. Andrews may also
periodically attend City Council meetings between now and the end of the year in order to become
familiar with the general administration of the City. He likewise will not bill for such services.
However, once he is appointed as City Attorney, he will bill for legal services rendered at all regular
and special City Council meetings, albeit at the lower rate. Robert Harris will continue to provide
legal services related to water law.
As always, it is indeed a pleasure to work with you and the Council in providing your legal
services. I have a great affinity for the City of Iona and deem it a great pleasure and honor to serve
you.
Vetruly yours,
Dale W. Storer
Attorney at Law
Enclosure
GAWMATMOWSt2708 City of IonAlletainer Mayor Andersen 2017.08.I7.Itr.wpdsm
Established in 1896
Holden Kidwell
Hahn & Crapo P.L.L.C.
LAW OFFICES
September 20, 2017
Mayor Brad Andersen
City of Iona
PO Box 400
Iona, Idaho 83427
Re: Legal Services Proposal - Fiscal Year 2017/2018
Dear Mayor Andersen:
1000 Riverwalk Drive, Suite 200
PO Box 50130
Idaho Falls, Idaho 83405
Tel:(208) 523-0620
Fax:(208) 523-9518
www.holdenlegal.com
E-MAIL: dstorereholdenlexal.com
Pursuant to your request, we are pleased to submit the following proposal for legal
services to the City of Iona. We propose to provide legal services to the City of Iona on an
hourly basis, as outlined below, for the 2017/2018 fiscal year.
The retainer includes the following services as specifically requested by the Mayor
and/or City Council:l
1. Advice and consultation for all routine legal matters involving the
administration of the City.
2. Preparation and review of contracts, deeds, leases or other routine items
pertaining to the administration of the City.
3. Preparation of ordinances, City Code revisions (excluding codification
services) and resolutions.
4. Consultation and advice regarding conduct of general, referendum, initiative
and recall elections.
5. Advice and consultation regarding planning and zoning issues.
1Please note that legal services will be provided on an "as requested" basis. The firm does not assume responsibility
for general or supervisory administration of the City legal affairs.
Established in 1896
Mayor Brad Andersen
September 20, 2017
Page 2 of 3
6. Consultation and advice regarding public employee human resource issues.
7. Consultation and advice regarding budgeting process, including review and
preparation of annual appropriation ordinance.
8. Review and preparation of bid specifications and contracts for public works.
9. Representation at Planning and Zoning Commission hearings.
10 Advice and consultation regarding water law issues.
Prosecution of criminal actions for violations of City ordinances or state criminal laws
is not included within the retainer. Legal services for the above services will be provided by
Dale W. Storer at a rate of $220 per hour, by Robert Harris at a rate of $210 per hours and
by Mr. Andrew Rawlings at a rate of $175 per hour. Law clerks or paralegals will be billed
at a rate of $110 per hour. Litigation or other legal services not specifically covered by the
retainer set forth above or otherwise provided by other members or employees of the firm,
will be provided upon request at regular firm hourly rates. Legal services will be provided
in accordance with the enclosed Billing Policy.
This retainer may be terminated at any time by either party upon delivery of a written
notice of termination, not less than thirty (30) days prior to the termination date. Delivery
shall be complete upon deposit of such notice in the United States mail, postage pre -paid, and
addressed to the receiving parry's last known address.
As you may be aware, our firm represents many municipalities and counties within
the area. We have a substantial library of municipal law treatises, encyclopedias and
ordinance law books, including a computerized legal research service which allows us access
to all reported court decisions throughout the nation in both state and federal courts and
administrative agencies. We also utilize computerized word processing equipment which
enables us to generate and revise legal documents virtually instantaneously. We also have
high speed intend and scanning services available which allow instantaneous transmission
of legal documents to your offices or other selected destinations. Except as noted in the
Billing Policy, all of these services will be available to you as part of the retainer, without
additional charge.
Mayor Brad Andersen
September 20, 2017
Page 3 of 3
We certainly appreciate your consideration of our firm and we look forward to
working with you. If the foregoing is acceptable, please acknowledge your acceptance of
this proposal by signing in the space set forth below.
Zuly
yours, sZPjc)
Dale W. Storer
Attorney at Law
ACCEPTED this day of October, 2017.
CITY OF IONA
By:
Brad Andersen
Mayor
Enclosure - Billing Policy
G:\WPDATA\DWS@708 City of [ona\Re[ainer\RETAEVER17.wpd:sm
HOLDEN, KIDWELL, HAHN & CRAPO, P.L.L.C.
SERVICE AND BILLING POLICY
Holden, Kidwell, Hahn & Crapo, P.L.L.C. is pleased to
have you as a client of our firm. Throughout our
relationship, you should have a clear understanding of
the legal services we will provide. Any questions that
you have will be dealt with promptly.
THE ATTORNEY -CLIENT RELATIONSHIP
The person or entity we represent is the person or entity
identified in our engagement letter sent with this
Service and Billing Policy and does not include any
affiliates of that person or entity (i.e., if you are a
corporation or partnership, any parents, subsidiaries,
employees, officers, directors, shareholders, or partners
of the corporation or partnership or commonly owned
corporations or partnerships; or, if you are a made
association, any members of the trade association). In
proceeding with this relationship, you agree that our
relationship is with you and not your affiliates, and that,
as a result, it will not be necessary for us to obtain the
consent of you or your affiliates in order for us to
represent another client in a matter adverse to your
affiliates. Furthermore, to the extent that our
representation of others adverse to any of your affiliates
may be deemed to require your consent, you give that
consent.
The attorney -client relationship will end at our
completion of the services you have retained us to
perform. If you later retain us to perform additional
services, our attorney -client relationship will be
reactivated.
SCOPE OF RETAINER AND DUTIES
The scope and nature of the legal services we undertake
to provide to you is set forth in the engagement letter
sent with this Service and Billing Policy. We do not
undertake the duty to provide legal services for any
matter or undertaking except as may be expressly set
forth in such engagement letter and as may be
reasonably inferred as part of the representation
described in that letter. In particular, if as a result of
our representation in such matter we are successful in
obtaining ajudgment against any third party, we assume
no responsibility for renewing the judgment or
judgment lien arising therefrom, unless such duty is
expressly set forth in the engagement letter or in a
subsequent letter signed by one of the members. We
also do not provide accounting or financial advice,
securities law advice or advice regarding any matter
involving business judgment or discretion. We will
provide advice concerning the legal implications of any
particular matter, however, we assume no responsibility
for the consequences that may flow from your reliance
upon such legal advice, except to the extent such advice
is inconsistent with federal, state or local law, or
regulations issued pursuant thereto, or well -established
common law. Subject to the foregoing provisions, we
assume no responsibility for business or financial
decisions made by you even though such decisions may
in part be premised upon or related to legal advice
provided by members of the firm.
WHO WILL PROVIDE THE LEGAL
SERVICES
At the beginning of our relationship, where appropriate,
we will establish a team of firm members to serve you.
This Client Service Team will be led by one attorney
who will serve as your Client Service Manager and
primary contact at the firm. This attorney should be
someone in whom you have confidence and with whom
you enjoy working.
Client Service Teams include attorneys and legal
assistants in different practice areas who, under the
supervision of the Client Service Manager, may
perform work on behalf of the client. Delegation of
assignments may be made in order to take advantage of
special expertise, cost -efficiency, or time deadlines.
When applicable, we will advise you of the names of
the attorneys and legal assistants who serve on your
Client Service Team.
You are free to request a change in the Client Service
Manager or Client Service Team members at any time.
If a change in the Client Service Manager is desired,
please contact any other member of the Firm. For
questions concerning team members, please contact
your Client Service Manager.
COMMUNICATION AND RESPONSIVENESS
We strive to return all telephone calls on the day
received or by the following morning, if received late in
the day.
You will have 24/7 access to each attorney's voice mail
system on which confidential, detailed messages may be
left. Where appropriate, you will be provided with the
home telephone numbers and the cell telephone
numbers of the attorneys working with you. The names
of secretaries and staff supporting your Client Service
Team can also be provided.
Communication by e-mail is now common, although it
may be subject to unauthorized interception (as are cell
phone communications). We may also use the internet
to transmit digital dictation or other data concerning
your case in an unencrypted form. Although we believe
the risk of a loss of confidentiality of such information
is small, nevertheless there is a slight possibility that a
hacker or other unauthorized person may intercept such
transmission. We will consider ourselves authorized to
transmit such data over the intemet and to
communicate with you by e-mail or cell phone, where
available, unless you instruct us otherwise in writing.
EXPRESSIONS OF PROFESSIONAL
JUDGMENT
Any statements on our part concerning the outcome of
your legal matters are expressions of our professional
judgment, but are not guarantees. Our opinions are
necessarily limited by our knowledge of the facts and
are based on the applicable state or federal law at the
time they are given.
HOW FEES WILL BE SET
Attorneys may be compensated under a variety of fee
arrangements, including hourly, fixed rate or
contingency fee arrangements. In determining the
amount to be charged for the legal services we provide,
we generally consider the following factors unless
described otherwise in the engagement letter sent with
this Memorandum:
The time and effort required, the novelty and
complexity of the issues presented, and the skill
required to perform the legal services promptly,
including but not limited to the following factors:
1. The fees customarily charged in the
community for similar services and the value
of the services to you;
2. The amount of money or value or property
involved and the results obtained;
3. The time constraints imposed by you, as our
client, and other circumstances, such as an
emergency closing, the need for injunctive
relief from court or substantial disruption of
other office business;
4. The nature and longevity of our professional
relationship with you;
5. The experience, reputation, and expertise of
the lawyers performing the services;
6. The extent to which office procedures and
systems have produced a high -quality product
efficiently.
Occasionally clients will request the performance of
legal services on a rush basis. In that event, we reserve
the right to add a reasonable premium to the hourly
rates or other methods for charging for legal services
for all work performed to satisfy the rush request. We
may also bill you for any overtime compensation paid
to the members of our staff which is necessitated by the
rush request. We will not bill you for the "rush"
premium nor charge you for such additional overtime
costs if the rush is precipitated by our own failure to
perform legal services on a timely basis once the matter
was given to us with adequate time to perform the work
in the ordinary course of business. The determination
of whether the rush was a necessitated by your needs or
was caused by our own neglect or failure to plan, will
be made in good faith, but otherwise at our sole
discretion.
Among these factors, the time and effort required are
typically weighted most heavily. We keep records of
the time we devote to your work, including conferences
(both in person and over the telephone), negotiations,
factual and legal research and analysis, document
preparation and revision, travel on your behalf, and
other related matters. We record our time in increments
of one -tenth of an hour.
The hourly rates of our lawyers and legal assistants
have an important bearing on the fees we charge. The
firm establishes a range of hourly rates of each attomey
and legal assistant. These rates may be adjusted from
time to time to reflect current levels of legal experience,
changes in our costs, and other factors. Typically, rates
are adjusted on an annual basis, although we reserve the
right to adjust our rates at other intervals if the
circumstances warrant. We will endeavor to give you
advance notice of any rate adjustments prior to the
effective date of any rate adjustments.
We are often requested to estimate the amount of fees
and costs likely to be incurred in connection with a
particular matter. When requested, we will furnish such
an estimate based upon our professional judgment, but
always with a clear understanding that it is not a
maximum or fixed -fee quotation. The ultimate cost
frequently is more or less than the amount estimated.
For certain well-defined services (for example, a simple
business incorporation), we will quote a fixed fee. It is
our policy not to accept representation on a fixed fee
basis except in such defined service areas or pursuant to
a special arrangement tailored to the needs of a
particular client. In those situations, the fixed fee
arrangement will be expressed in a letter, setting forth
both the amount of the fee and the scope of the services
to be provided.
2 — Revised December 17, 2015
Holden, Kidwell, Hahn & Crapo encourages discussion
with our clients about legal fees and billing
arrangements. Unnecessary misunderstandings can
result from a lack of clear communication on these
sensitive matters. We would expect to have candid
discussions regarding fees and billing arrangements
with you at the beginning of our relationship and
throughout the representation.
OTHER CHARGES
Typically, we will charge our clients not only for legal
services, but also for other ancillary services which we
provide and which are directly related to your case or
matter. Examples of ancillary charges include:
computerized research services and the use of our
photocopy and facsimile machines. While our charges
for these services are measured by use, they do not, in
all instances, reflect our actual out-of-pocket costs. For
photocopying, for example, the true cost of providing
the service is difficult to establish. While we strive to
maintain these charges at rates which are lower than
those maintained by other firms, in some instances, the
amounts charges may exceed the actual costs to the
firm. We would be pleased to discuss the specific
schedule of charges for these additional services with
you and to answer any questions that you may have. If
you would prefer, in some situations we can arrange for
these ancillary services to be provided by third parties
with direct billing to you.
In the event your files have been archived or stored at
an off -premises location and you request copies of all or
a portion of such files, or if you make any other request
which requires retrieval of such files, we may also
charge a reasonable retrieval fee and copying expenses
necessitated by such request.
DISBURSEMENTS
In addition to our fees and other charges, we will bill
you, without any mark-up, for any out-of-pocket
expenses which we incur on your behalf. Examples of
costs in this category include filing fees, court costs,
mileage, expert witness fees, service of process fees,
travel expenses, printing expenses, third -party carrier
and overnight delivery services or other costs incurred
directly in conjunction with your case. We may ask that
you pay any sizeable third -party costs or expenses
directly or that you deposit a certain amount with the
firm in advance of the incurrence of these costs.
ANCILLARY PROCEEDINGS
Occasionally we may become involved in another
lawsuit, administrative proceeding or investigation that
arises from or is in some way related to the legal
services provided to you under this Billing Policy. We
will endeavor to notify you as soon as is reasonably
possible if such proceedings are commenced. In that
event, you agree to pay for any legal services or
administrative staff time expended by fnm attorneys or
staff members in responding to such proceedings. Such
legal services will be billed at the rates generally
established by the firm at the time such services are
provided. We will also bill you for any fees,
disbursements or other out-of-pocket expenses
reasonably and necessarily expended by the firm in
such proceedings. You will be obligated to pay for
such legal services and expenses, regardless of whether
you are a party to such other proceedings. You will
also be obligated to reimburse the firm for any attorneys
fees or costs incurred by the firm for outside legal
services which are necessary to respond to such
unrelated lawsuits, administrative proceedings or
investigations, except to the extent that such services
are covered and paid by the firm's malpractice
insurance policy. However, nothing in this paragraph
obligates you to pay for such legal services or costs if a
firm lawyer or employee was negligent or intentionally
committed a wrongful act that caused such other
lawsuit, proceeding or investigation.
BILLING ARRANGEMENTS AND TERMS
OF PAYMENTS
We will bill you, normally each month, for fees, other
charges and disbursements. You are expected to make
payment upon receipt of our invoice. Unpaid fees and
disbursements accrue interest at the maximum rate
permitted under the laws of the State of Idaho, but not
exceeding one percent (1%) per month from the
beginning of the month in which they became overdue.
If your account becomes past due, you are expected to
bring the account or the retainer deposit current. If the
delinquency continues and you do not arrange
satisfactory payment terms, we may withdraw from the
representation and pursue collection of your account.
You agree to be responsible for paying the costs of
collecting the debt, including court costs, filing fees,
and reasonable attorney fees, regardless of whether
Holden, Kidwell, Hahn & Crapo, P.L.L.C. or outside
counsel is used.
Invoices are typically sent monthly unless there is a
project to be billed in a different fashion. At times,
3 — Revised December 17, 2015
when there is low activity, an invoice may be sent less
frequently than monthly. Generally, one person acts as
the billing attorney for each client in order to coordinate
the billing process. Billing can be done on a composite
basis or broken down by subject matter. If you want
particular invoices sent to specific individuals for
approval in your company, that can be done.
Under normal circumstances, we submit regular
monthly invoices to clients listing in a narrative fashion
the particular work performed by date and the exact
amounts of other charges and disbursements for all
client matters.
RETAINERS
New clients of the firm may be asked to pay the firm a
retainer as security for attorneys fees and costs incurred
in your behalf. We reserve the right to request a
reasonable retainer from you, either prior to
commencing work for you or at any time during the
course of our relationship. Typically, the retainer is
equal to the amount of fees and costs expected for a
required task or an amount equal to the fees and costs
likely to be incurred during a two -month period. If you
pay us a retainer, you grant us a security interest in
those funds. Unless otherwise agreed, the retainer will
be credited toward the final invoice generated on the
account. The retainer will be deposited into the firm
trust account and will be kept in such account until the
due date of the final invoice, at which time it will be
credited against the remaining balance on the account.
If you dispute any amount charged against the retainer,
you may notify us promptly and we will return the
disputed amount to a trust account pending resolution
of this dispute. You are expected to pay our invoices in
full upon receipt, even though you may have a positive
balance of the retainer on deposit with the firm.
At the conclusion of our representation or at such time
as the retainer is unnecessary or is appropriately
reduced, the remaining balance or an appropriate part
of it will be returned to you. If the retainer proves
insufficient to cover current expenses and fees for the
required task or for services rendered to you on a two -
month basis, an additional retainer may be necessary.
We will notify you in such event and request an
increase in the amount of the retainer. In the event you
fail to promptly pay such increase or fail to provide or
maintain the retainer at the agreed amount, we reserve
the right to withdraw from representing you, in a
manner consistent with the Idaho Rules of Professional
Conduct. Alternatively, and in our sole discretion, we
may add a premium of ten percent (10%) to all hourly
rates billed to you or any fixed fee quoted to you, as a
penalty for your failure to provide or maintain the
required retainer.
Deposits received to cover specific cost items will be
disbursed as provided in our agreement with you, and
you will be notified from time to thne of the amounts
disbursed. Any amount remaining after disbursement
will be returned to you.
By court rule, most retainers will be placed in a pooled
account and interest earned on the pooled account is
payable to a charitable foundation established in
accordance with the court rule. If you request, your
retainer will be placed in a separate trust account for
your benefit and account.
SAFE KEEPING OF CLIENT FUNDS
We will keep any amounts paid to us as a retainer and
any other monetary amounts owned by you and paid to
us in a bank account separate from the firm general
account maintained in the State of Idaho. We will keep,
disburse, handle and otherwise maintain such funds in
accordance with Rule 1.15 of the Idaho Rules of
Professional Conduct. You agree to grant us a security
interest in such funds to secure payment of statements
rendered to you by any member of the firm with respect
to any matter for which we provide legal services to
you, and irrespective of whether we have another fee
arrangement in such other matter which does not
provide for such security interest. This security interest
will also secure your obligation to pay interest on your
account and attorneys fees and costs incurred in
collecting such account. We will deposit and keep your
funds in an account that is insured by the Federal
Deposit Insurance Corporation (the "FDIC"), however
we assume no obligation to monitor or keep you
apprised of the financial solvency of the financial
institution where such account is kept, nor do we
assume any obligation to ensure the aggregate amount
of client funds kept within such account is kept or
maintained within the limits of the insurance provided
by the FDIC.
TERMINATION
You may terminate our representation at any time by
notifying us. Your termination of our services will not
affect your responsibility for payment of legal services
rendered, additional charges and disbursements
incurred before termination and in connection with an
orderly transition of the matter.
We may also withdraw from providing services to you.
The ethics rules for the jurisdictions in which we
practice list several types of conduct or circumstances
4 — Revised December 17, 2015
that require or allow us to withdraw from representing
a client. We try to identify such circumstances in
advance and discuss with our clients any situation
which may lead to our withdrawal, and if withdrawal
ever becomes necessary, we will give the client written
notice of our withdrawal.
CLIENT FILES
Once our engagement in this matter ends, we will return
the file materials provided by you upon your request.
You agree that we may retain, at your expense, copies
of the file materials. You also agree that any materials
left with us after the engagement ends may be retained
or destroyed, at our discretion. We reserve the right to
make, at your expense, and retain copies of all
documents generated or received by us in the course of
our representation. When you request documents from
us, copies that we generate will also be made at your
expense.
Our own files pertaining to the matter will be retained
by the firm (as opposed to being sent to you) or
destroyed. These firm files include, for example, fun
administrative records, time and expense reports,
personnel and staffing materials, credit and accounting
records, and internal lawyers' work product (such as
drafts, notes, internal memoranda, legal research, and
factual research, including investigative reports
prepared by or for the internal use of lawyers). Any
documents that are retained by the firm will be
transferred to the person responsible for administering
our records retention program. For various reasons,
including the minimization of unnecessary storage
expenses, we reserve the right to destroy or otherwise
dispose of any documents of other materials retained by
us within a reasonable time after the termination of the
engagement. We assume no duty to preserve files
related to your case, although you will be entitled to
have access to those client files should you so desire.
We may however bill you for copying expense and staff
time associated with retrieving and copying such files.
WORK PRODUCT
In order to provide legal services to you in an efficient
and cost effective manner, we will often use forms
drafted by our attorneys and modified to fit the
circumstances of your particular case. We have
invested numerous hours in the development of these
forms and they reflect the collective expertise and
experience of our firm attorneys. In an effort to avoid
payment of future legal expense, clients are often
tempted to use our work product, as reflected in these
documents, without our authorization and without
payment to the firm for use of its work product. Not
only are such actions dishonest and contrary to our
arrangement, it is also very dangerous and fraught with
peril. Nothing in your relationship with the firm, nor
payment of our invoices, entitles you to use our work
product without our specific authorization in writing.
In order to obtain your input into the preparation of
documents associated with your matter, we may provide
you with digital copies of our word processing files,
however nothing in the delivery of such digital files
authorizes you to use such work product in other
matters unrelated to your case or in any manner outside
the direction and control of one of our attorneys. As a
general rule, documents will be provided to you in
Adobe Acrobat "pdf' form in order to discourage
unauthorized alteration of the documents.
PRIVACY POLICY
We follow the high professional standards of
confidentiality imposed on lawyers.
Types of Nonpublic Personal Information We
Collect
We collect nonpublic personal information about you
that is provided to us by you or obtained by us with
your authorization.
Parties to Whom We Disclose Information
For current and former clients, we do not disclose any
nonpublic personal information obtained in the course
of our practice, except as required or permitted by law.
In a generic sense, any information a client provides us
is likely to be considered nonpublic personal
information and receives confidential treatment.
Permitted disclosures include, for instance, providing
information to our employees, and in limited situations,
to unrelated third parties who need to know that
information to assist us in providing services. In all
such situations, we stress the confidential nature of
information being shared.
Protecting the Confidentiality and Security of
Current and Former Clients Information
We retain records relating to services that we provide
so that we are better to able assist you with your needs
and, in some cases, to comply with ethical guidelines of
our profession. In order to safeguard your nonpublic
personal information, we maintain physical, electronic,
and procedural safeguards that comply with the rules of
professional conduct applicable to us.
5 — Revised December 17, 2015
AUDIT LETTER RESPONSES
At times, you may request that we provide your auditors
certain information in connection with such auditors'
examination of your financial statements. Of course,
we will charge for our services in doing so. In addition,
for your benefit and in order to protect the attorney -
client privilege, our responses will only be made in
accordance with the ABA Statement of Policy
Regarding Lawyers' Responses to Auditors' Requests
for Information (December /975), including all of the
limitations contained therein. You agree not to request
information in addition to that provided for in the ABA
Statement of Policy and consent to our providing
responses only in accordance with the ABA Statement
of Policy.
OPINIONS TO OTHERS
As a general matter, any third party opinions will be
based on your representations and warranties that the
facts on which the opinion is based are true, complete
and accurate and upon the assumption that such
representations and warranties do not omit any facts
necessary to make such representations and warranties
not misleading. You acknowledge and agree that we
undertake no duty to investigate such representations
and warranties, or verify any matters that you represent
and warrant to us as true, complete and accurate.
SECURITIES LAW ADVICE
Unless specifically requested and agreed by us m
writing, we will not provide any advice with respect to
the securities laws of the United States or any other
jurisdiction or any related rules or regulations and we
will not provide any advice as to whether any
information, statement, opinion, or other writing is
required to be filed with, incorporated into, submitted
to, or furnished to the United States Securities and
Exchange Commission or any state securities
regulators. You will not, without our prior written
consent, include documents or information we provide
to you in any filings with federal or state securities
regulators, including the SEC.
ARBITRATION OF FEE DISPUTES
Other than a complaint to a disciplinary authority, any
fee or cost dispute arising out of, in connection with, or
relating to the engagement agreement including, any
dispute concerning the security interest granted herein
or by common law shall be determined by binding
arbitration in accordance with Section VII of the Idaho
Bar Commission Rules.
You agree to execute a consent to a binding fee
arbitration, as provided by such Rules within twenty-
one (21) days after receipt of an arbitration request
under such Rules. The decision rendered by the
arbitrator shall be final and binding upon the parties, to
the extent provided by Idaho Code § 7-901 et seq. and
may be enforced by any court of competent jurisdiction
within the State of Idaho.
Any other matter involving a dispute arising out of or in
connection with or relating to this Policy shall be
determined by any court of competent jurisdiction
within the State of Idaho.
KEEPING YOUR CONTACT
INFORMATION CURRENT
You must keep us informed as to your current mailing
address, physical address (if different), and phone
numbers (also e-mail address if that is used). You will
keep this information accurate and up to date, because
of our need to be able to contact you with respect to the
subject of the representation and other aspects of our
relationship with you as described above. We will rely
upon the last contact information you provide to us.
You agree that we can do so with respect to any need
we may have to communicate with you (during the
existence of the attorney -client relationship or after
conclusion of that relationship) relating in any way to
our representation of you, including in connection with
commencing any arbitration as described.
MISCELLANEOUS
This Billing Policy should be construed consistently
with the Idaho Rules of Professional Conduct, however
in the event of any irreconcilable inconsistencies, then
the Idaho Rules of Professional Conduct shall prevail.
The provisions of this Billing Policy are severable. In
the event any part of this Policy is determined to be
unlawful or unenforceable for any reason, then such
unenforceability shall not affect the enforceability of the
remaining provisions. The provisions of this Billing
Policy and any supplemental retainer letter shall
comprise all terms and conditions of our agreement
with you. No prior statement, representation or
understanding will be binding unless contained within
such written agreement or unless contained in another
written agreement signed by both parties. This Policy
is to be construed in accordance with the laws of the
State of Idaho and the venue for any action arising
therefrom shall be in the state of Idaho.
Holden, Kidwell, Hahn & Crapo, P.L.L.C.
GAWPDATAIDWSWKHOSesvice & Billing PalicyService & 9illing Policy.v5.wpdsns
6 — Revised December 17, 2015