Ordinance - 1997 - 294 - Amend Title 8 - 05/13/1997ORDINANCE 294
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING
EAGLE CITY CODE, TITLE 8, CHAPTER 1, SECTION 2, "RULES AND
DEFINITIONS"; AMENDING TITLE 8, CHAPTER 2, SECTION 3, "SCHEDULE OF
DISTRICT USE REGULATIONS"; AND AMENDING TITLE 8, CHAPTER 3,
SECTION 5, TO ADD SUBSECTION "S" TO "UNIQUE LAND USES"; ALL
PROVIDING FOR THE REGULATION OF PERSONAL WIRELESS FACILITIES,
SPIRES, POLES, ANTENNAS, STEEPLES, TOWERS, AND OTHER SUCH
STRUCTURES.
WHEREAS, The City of Eagle proposes to add definitions, land use classifications, and
additional regulations for personal wireless facilities, spires, poles, antennas, steeples,
towers, and other such structures.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: Eagle City Code Section 8-1-2 RULES AND DEFINITIONS, is amended to
add the following definitions:
ANTENNA - Any structure or device used for the purpose of collecting or
transmitting electromagnetic waves, including but not limited to directional
antennas, such as panels, microwave dishes, and satellite dishes, and omni-
directional antennas, such as whip antennas.
HEIGHT - The height of personal wireless facilities, spires, poles, antennas,
steeples, towers, and similar structures shall be determined by measuring the
vertical distance from the point of contact with the ground to the highest point of
the structure, including any vertical projection thereof. When mounted upon other
structures, the combined height of the personal wireless facility, spire, pole,
antenna, steeple, tower, and/or similar structure, including the height of the
structure mounted upon, shall be used to determine height.
PERSONAL WIRELESS FACILITIES - Facilities necessary for the provision of
personal wireless services (i.e.: towers, support buildings, etc.).
PERSONAL WIRELESS SERVICES - Commercial wireless telecommunication
services including cellular, personal communication services (PCS), specialized
mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging,
and similar services that are marketed to the general public.
TOWER - Any ground or roof mounted pole, spire, similar structure, or
combination thereof, with a height, as defined by this title, in excess of 15 feet,
including supporting lines, cables, wires, braces, and masts, intended primarily for
the purpose of mounting an antenna, meteorological device, or similar apparatus
above grade.
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Section 2: Eagle City Code Section8-2-3 SCHEDULE OF DISTRICT USE
REGULATIONS, is amended to add a provision for Personal Wireless Facilities under
the commercial use designation as follows:
Personal Wireless Facilities (height - 35 -feet or less) - Permitted in the following
zones: L -O, C -A, C-1, C-2, C-3, CBD, M -1A, M-1, M-2, M-3
Personal Wireless Facilities (height - 35 -feet or less) - Conditional use permit
required in the following zones: A, A -R,
Personal Wireless Facilities (height - 35 -feet or less) - Not permitted in the
following zone: R
Personal Wireless Facilities (height - over 35 -feet) - Conditional use permit
required in the following zones: A, A -R, L -O, C -A, C-1, C-2, C-3, M -1A, M-1,
M-2, M-3
Personal Wireless Facilities (height - over 35 -feet) - Not permitted in the
following zones: CBD, R
Section 3: Eagle City Code Section 8-3-5 UNIQUE LAND USES, is amended to add
subsection "S" providing for the regulation of personal wireless facilities, spires, poles,
antennas, steeples, towers, and other such structures as follows:
S. Personal wireless facilities, spires, poles, antennas, steeples, towers, and other
such structures:
1. Purpose:
a. To accommodate the communication needs of residents and business
while protecting the public health, safety, and general welfare of the
community, the Council finds that regulations regarding personal
wireless facilities, spires, poles, antennas, steeples, towers, and other
such structures are necessary in order to:
i) Facilitate the provision of wireless telecommunication services to
the residents and businesses of the City;
ii) minimize adverse visual effects of spires, poles, antennas, steeples,
towers, and other such structures through careful design and sitting
standards;
iii) avoid potential damage to adjacent properties from spire, pole,
antenna, steeple, tower, and other such structure's failure, through
structural standards and setback requirements; and,
iv) maximize the use of existing and approved towers and buildings to
accommodate new wireless telecommunication antennas in order
to reduce the number of towers needed to serve the community.
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2. Towers in Residential Zoning Districts:
a. On residentially zoned parcels, towers supporting amateur radio
antennas shall not be permitted in the front, side or corner side yard.
b. Personal Wireless Facilities shall be prohibited in all residential (R)
zones.
3. Co -Location Requirements:
a. A proposal for a new commercial wireless telecommunication service
tower in excess of 35 -feet in height shall not be approved unless the City
Council finds that the telecommunications equipment planned for the
proposed tower cannot be accommodated on an existing or approved tower
or building within the following radii of the proposed tower:
i) A two mile radius for towers with a height over 110 -feet.
ii) A one mile radius for towers with a height over 80 -feet but not more
than 110 -feet.
iii) A one half mile radius for towers with a height over 50 -feet but not
more than 80 -feet.
iv) A one quarter mile radius for towers with a height over 35 -feet but not
more than 50 -feet.
b. It shall be the burden of the applicant to demonstrate that the proposed
tower or antenna cannot be accommodated on an approved tower or
building within the required search radius due to one or more of the
following reasons:
i) Unwillingness of another tower or facility owner to entertain shared
use.
ii) The proposed co -location of an existing tower or facility would be in
violation of any local, state or federal law.
iii) The planned equipment would exceed the structural capacity of the
existing or approved tower or building, as documented by a qualified
and licensed professional engineer, and the existing or approved tower
can not be reinforced, modified, or replaced to accommodate planned
or equivalent equipment at a reasonable cost.
iv) The planned equipment would cause interference materially impacting
the usability of other existing or planned equipment at the tower or
building as documented by a qualified and licensed professional
engineer and the interference cannot be prevented at a reasonable cost.
v) Existing or approved towers and buildings within the search radius
cannot accommodate the planned equipment at a height necessary to
function reasonably as documented by a qualified and licensed
professional engineer.
vi) Other unforeseen reasons that make it unfeasible to locate the planned
telecommunications equipment upon an existing or approved tower or
building as documented by a qualified and licensed professional
engineer, or other professional qualified to provide necessary
documentation.
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c. Any proposed commercial wireless telecommunication service tower shall
be designed, structurally, electrically, and in all respects, to accommodate
both the applicant's antennas and comparable antennas for at least two
additional users if the tower is over 110 feet in height, for at least one
additional user if the tower is over 50 feet in height.
d. Towers must be designed to allow for future rearrangement of antennas
upon the tower and to accept antennas mounted at varying heights.
e. Personal wireless facilities proposed at a location which has an approved
conditional use permit (approved after the effective date of this ordinance)
for an existing facility which was required to allow co -location shall not
be required to obtain a separate conditional use permit as long as all the
requirements of the previously approved conditional use permit will be
complied with. Design review, and subsequent building permit, will be
required for any such proposal.
4. Tower and Antenna Design Requirements:
a. All personal wireless facilities shall be required to obtain design review
approval prior to construction.
b. Towers and antennas shall be required to blend into the surrounding
environment through the use of color and camouflaging architectural
treatment, except in instances where the color is dictated by federal or state
authorities such as the Federal Aviation Administration.
c. Personal wireless facility towers shall be of a monopole design unless the
City Council determines that an alternative design would better blend in to
the surrounding environment.
d. With the exception of necessary electric and telephone service and
connection lines approved by the Issuing Authority, no part of any antenna
or tower nor any lines, cable, equipment or wires or braces in connection
with either shall at any time extend across or over any part of the right -of
way, public street, highway, sidewalk, or property line.
e. Every tower affixed to the ground shall be protected to discourage climbing
of the tower by unauthorized persons. The climbing pegs within the bottom
20 -feet of the tower shall be removed and shall only be used when the tower
is being serviced.
f. Metal towers shall be constructed of, or treated with, corrosive resistant
material.
g. Wood poles shall be impregnated with rot resistant substances.
5. Tower Setbacks:
a. Towers shall meet the setbacks of the underlying zoning district with the
exception of industrial zoning districts, where towers may encroach into the
rear setback area, provided that the rear property line abuts another
industrially zoned property and the tower does not encroach upon any
easements.
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b. If the tower does not exceed the height limitations of the zone in which it is
located, the tower shall meet the setback requirement of the zone except as
allowed in 8-3-5 (S)(5)(a). If the tower exceeds the height limit of the zone in
which it is located, the tower shall be set back one foot (1') for every ten feet
(10') in total tower height. In either case, the tower shall be constructed to the
Telecommunications Industry Association/Electronic Industries Association
(TIA\EIA) 222 Revision F Standard entitled "Structural Standards for Steel
Antenna Supporting Structures" or as hereinafter may be amended. Otherwise,
the tower shall be located a minimum or one foot (1') for each foot of height
from all property lines (the fall zone).
No storage or structures other than the accessory utility buildings, are
permitted in the fall zone, except as may be specifically permitted by the City
Council through a Conditional Use process.
c. Towers shall be set back from all existing public right of way lines (or
planned right-of-way lines if additional is to be acquired in the future) by a
minimum distance equal to twice the height of the tower including all
antennas and attachments. If this requirement conflicts with other setback
requirements of Eagle City Code the setback with the greater distance shall
prevail, except as may be allowed in Section 8-3-5 (S)(5)(e). (added by staff
on 5-5-97).
d. Towers shall not be located between a principal structure and a public street.
e. A tower's setback may be reduced or its location in relation to a public street
varied, at the sole discretion of the City Council, to allow the integration of a
tower into an existing or proposed structure such as a church steeple, light
standard, power line support device, or similar structure.
6. Tower Lighting, Signage, and Attachments:
a. No antenna or tower shall have affixed or attached to it in any way, except
during time of repair or installation, any stationary lights, strobe lights,
reflectors, flashers, or other illuminating device, except as specifically
required by the Federal Aviation Administration, Federal Communications
Commission, or other federal or state authority.
b. When incorporated into the approved design of the tower, light fixtures used
to illuminate ball fields, parking lots, or similar areas may be attached to the
tower if approved by the City.
c. The use of any portion of a tower for signs, other than warning or equipment
information signs, is prohibited.
d. No tower shall have constructed thereon, or attached thereto, in any way, any
platform, catwalk, crow's nest, or like structure, except during periods of
construction or repair.
7. Amateur Radio Antennas:
a. In accordance with the Federal Communications Commission's preemptive
ruling PRB 1, towers erected for the primary purpose of supporting amateur
radio antennas may exceed 30 feet in height provided that a determination is
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made by the City that the proposed tower height is technically necessary to
successfully engage in amateur radio communications. A conditional use
permit is required for any amateur radio antenna in excess of 35 -feet.
8. Accessory Utility Buildings:
a. All utility buildings and structures accessory to a tower are required to have
design review approved by the City prior to construction.
9. Abandoned or Unused Towers or Portions of Towers:
a. As a condition of approval of any required conditional use permit for
personal wireless facilities, all abandoned or unused towers and associated
facilities shall be required to be removed within sixty (60) days of cessation
of use as a personal wireless facility unless a time extension is granted by the
City. A copy of the relevant portions of a signed lease, which requires the
applicant to remove the tower and associated facilities upon cessation of the
use as a personal wireless facility, shall be submitted at the time of
application. In the event that the tower and associated facilities are not
removed within the (60) days, the tower and associated facilities may be
removed by the City and the costs of removal assessed against the property.
10. Additional Application Submittal Requirements:
a. In addition to the information required elsewhere in this Code, development
applications for Personal Wireless Facilities, shall include the following
supplemental information:
i) Documentation from a qualified and licensed professional engineer
showing that the proposed facility will be in compliance with the FCC
standards regarding radio frequency (RF) emissions.
ii) A report from a qualified and licensed professional engineer which
describes the tower height and design (including a cross section and
elevation); documents the height above grade for all potential mounting
positions for co -located antennas and the minimum separation distances
between antennas; describes the tower's capacity, including the number
and type of antennas that it can accommodate; documents what steps the
applicant will take to avoid interference with established public safety
telecommunications; includes an engineer's stamp and registration
number; and, includes other information necessary to evaluate the
request.
iii) For all Personal Wireless Facilities, a letter of intent committing the
tower owner and his or her successors to allow the shared use of the
tower, as required by this code, if an additional user agrees in writing to
meet reasonable terms and conditions for shared use.
iv) Documentation showing that the proposed tower complies with
regulations administered by Federal Aviation Administration.
v) Written approval of the site location with specific reference to the height
of the antenna structure and any lighting issues, from the Federal
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Aviation Administration, the Chief of the Idaho Bureau of Aeronautics,
and the Boise Airport Commission and an Aviation Easement approved
by the Boise Airport Commission
vi) Propagation charts showing existing and proposed transmission coverage
at the subject site and within an area large enough to provide an
understanding of why the facility needs to be in the chosen location.
vii) A written analysis demonstration that the proposed site is the most
appropriate site within the immediate area. For the purposes of this
subsection, the analysis shall include all properties within the search radii
stated above. The analysis shall include, but is not limited to, the
following:
• Description of the surrounding area, including topography;
• Natural and manmade impediments that would obstruct adequate
cellular telephone transmissions;
• Physical site constraints that would preclude construction of a cellular
telephone facility on any other site;
• Technical limitations of the system that limit siting options.
11. Permits:
a. It shall be unlawful for any person, firm, or corporation to erect, construct,
re -erect, or replace, any tower without first making application to the City
and securing a building/zoning permit.
b. A building/zoning permit shall not be required for antennas and/or towers
erected temporarily for test purposes, for emergency communication, or
for broadcast remote pick-up operations. Temporary antennas shall be
permitted for a maximum of 72 hours unless specifically approved by the
City Council.
c. In addition to the findings required and conditions permitted for
conditional use permits, as stated within Eagle City Code Section 8-7-3,
the City Council shall make an additional finding concerning the duration
of the conditional use permit. Upon finding that the conditional use
permit is to be limited in duration, a condition limiting the duration and
the basis for such a condition shall be included within the Findings of Fact
and Conclusions of Law for the conditional use permit.
12. Additional Requirements for Notice of Public Hearing:
a. All personal wireless facilities requiring a conditional use permit shall
comply with the conditional use notice requirements within this code with
the following additional requirements:
i) All property owners within 1,000 -feet of all property lines of the site
(or lease boundary lines, if applicable) shall be notified of the public
hearing by the City by mall a minimum of 15 days before the
scheduled public hearing. The applicant will be required to provide
the names of the property owners to the City.
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ii) Any required public notice signs, to be located on a proposed site,
shall be required to comply with the requirements for posting of a
rezone/subdivision (minimum size of sign face to be 4 -feet wide by 4 -
feet high).
13. Exhibit "A" attached
a. Telecommunications towers in excess of 35' feet in height shall not be
permitted within the "Restricted Area for Telecommunications Towers" as
shown on Exhibit "A" attached.
b. Telecommunications towers shall be encouraged to be located within the
areas noted as "Ada County/Eagle Park", "Fire Department", "Approved
Site", "Boise Sewer Ponds and Future Park", "State Park", "Comp Plan
Industrial", and "ACHD Pond" all as shown on the attached Exhibit "A".
Section 4: The provisions of this ordinance are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is
declared invalid for any reason, such declaration shall not affect the validity of remaining
portions of this ordinance.
Section 5: This ordinance shall take effect and be in force from and after its passage,
approval, and publication as required by law. In lieu of publication of the entire
ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may be
published.
DATED this 13th day of May, 1997.
ST:
CITY OF EA„Cf
Ada County', Idaho
Page 8 of 8
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SUMMARY OF
ORDINANCE NO. 294
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING EAGLE
CITY CODE, TITLE 8, CHAPTER 1, SECTION 2, "RULES AND DEFINITIONS,"
AMENDING TITLE 8, CHAPTER 2, SECTION 3, "SCHEDULE OF DISTRICT USE
REGULATIONS," AMENDING TITLE 8, CHAPTER 3, SECTION 5, TO ADD SUBSECTION
"S" TO "UNIQUE LAND USES," ALL PROVIDING FOR THE REGULATION OF
PERSONAL WIRELESS FACILITIES, SPIRES, POLES, ANTENNAS, STEEPLES, TOWERS,
AND OTHER SUCH STRUCTURES; AND PROVIDING AN EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 294 of the City of Eagle, Ada
County, Idaho, adopted on May 13, 1997, is as follows:
Section 1: Eagle City Code, Title 8, Chapter 1, Section 2, entitled "Rules and
Definitions," is hereby amended to provide for definitions of antenna, height, personal wireless
facilities, personal wireless services, and tower.
Section 2: Eagle City Code, Title 8, Chapter 2, Section 3, entitled "Schedule of District
Use Regulations," is hereby amended to add a provision for Personal Wireless Facilities under the
commercial use designation as follows:
Personal Wireless Facilities (height - 35 feet or less) - Permitted in the following
zones: L-0, C -A, C-1, C-2, C-3, CBD, M -1A, M-1, M-2, M-3.
Personal Wireless Facilities (height 35 -feet or less) - Conditional use permit
required in the following zones: A, A -R
Personal Wireless Facilities (height - 35 feet or less) - Not permitted in the
following zone: R
Personal Wireless Facilities (height - over 35 feet) - Conditional use permit
required in the following zones: A, A -R, -0, C -A, C-1, C-2, C-3, M -1A, M-1, M-
2, M-3
Personal Wireless Facilities (height - over 35 feet) - Not permitted in the following
zones: CBD
Section 3: Eagle City Code, Title 8, Chapter 3, Section 5, entitled "Unique Land Uses,"
is hereby amended to add subsection "S" providing for the regulation of personal wireless
Page 1
facilities, spires, poles, antennas, steeples, towers, and other such structures, including co -location
design requirements, setbacks, permits, public hearing, and other design requirements.
Section 4: States that the provisions of Ordinance No. 294 are declared to be severable,
and that if any provision or application of such provision to any person or circumstance is declared
invalid for any reason, such declaration shall not affect the validity of remaining portions of
Ordinance No. 294.
Section 5: States that Ordinance No. 294 shall take effect and be in force from and after
its passage, approval, and publication as required by law. Provides that a summary of Ordinance
No. 294 may be published in lieu of the entire ordinance in compliance with Section 50-901A,
Idaho Code.
The full text of Ordinance No. 294 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
DATED this 13th day of May, 1997.
-ATTE oT„ae,,.,
4 OF EA
CITY OF EAGLE
Ada Count
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby
certify that I have read the foregoing Summary of Ordinance No. 294 of the City of Eagle and that
the same is true and complete and provides adequate notice to the public of the contents of said
Ordinance.
DATED as of the 13th day of May, 1997.
Page 2
City Attorney
The West Ada Express, 332 W. State St., Eagle, Idaho 83616
Affidavit of Publication
STATE OF IDAHO
} SS.
COUNTY OF ADA
SUMMARY OF ORDINANCE NO.
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
Scott Crosby
deposes and says:
That I am the Managing Editor of WE
twice weekly newspaper published at Eagle, in the Count3
Idaho; that said newspaper has been and is in general circ.
aforesaid, and in the vicinity of Eagle; that the advertiseme
attached hereto, was published in said newspaper once a w
consecutive weeks in the regular and entire issue of said
and time of publication, and was published in the newspap
supplement; that said paper has been established and regul;
than seventy-eight consecutive weeks prior to the date of f
advertisement.
Such notice was published in the issue beginning with_
19 97 . and ending with the issue of May 16
19 97
X ...4,--1-10-4?2-(2
STATE OF IDAHO
COUNTY OF ADA
On this 11 day of
Public, personally appeared
June
)
in the year of 1997
Scott Crosby
to me to be the person whose name subscribed to the with
being by me first duly sworn, declared that the statements
acknowledged to me that he/she execut- Tsam -
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STATEMENT
West Ada Express
Eagle, Idaho
Number of Lines 57 Lines
Number of Insertions 1
57 Lines @ S1.50 $ 87.50
Lines @ $ $
TOTAL COST
WILL BE $ 87.50
Copy of Notice
(First Copy)
SUMMARY OF ORDINANCE NO. 294
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO,
AMENDING EAGLE CITY CODE, TITLE 8, CHAPTER 1, SECTION 2,
"RULES AND DEFINITIONS," AMENDING TITLE 8, CHAPTER 2, SECTION
3, "SCHEDULE OF DISTRICT USE REGULATIONS, " AMENDING TITLE 8,
CHAPTER 3, SECTION 5, TO ADD SUBSECTION "S" TO UNIQUE LAND
USES," ALL PROVIDING FOR THE REGULATION OF PERSONAL WIRE-
LESS FACILITIES, SPIRES, POLES, ANTENNAS, STEEPLES, TOWERS, AND
OTHER SUCH STRUCTURES; AND PROVIDING AAI EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 294 of the City of Eagle,
Acta County, Idaho, adopted 4i May 13, 1997, is as follows:
Section 1: Eagle City Code, itle 8, Chapter 1, Section 2, entitled "Rules and
Definitions," is hereby amende=d to provide for definitions of antenna, height, per-
sonal wireless facilities, personal wireless, and tower.
Section 2: Eagle City Code, Title 8, Chapter 2, Section 3, entitled "Schedule of
District Use Regulations, " is hereby amended to add a provision for Personal
Wheless Facilities under the commercial use designation as follows:
Personal Wireless Facilities (height - 35 feet or Tess) - Permitted in the following
zones: L -O, C -A, C-1, C-2, C-3, CBD, M -IA, M-1, M-2, M-3.
Personal Wireless Facilities (height - 35 feet or less) - Conditional use permit
required in the following zones: A, A -R
Personal Wireless Facilities (height - 35 feet or less) - Not permitted in the follow-
in4 zone: R
Personal Wireless Facilities (height - over 35 feet) - Conditional use permit
required in the following zones: A, A -R, -0, C -A, C-1, C-2, C-3, M-1 A, M-1, M-2,
Mia
Personal Wireless Facilities (height - over 35 feet) - Not permitted in the following
zones: CBD
Section 3: Eagle City Code, Title 8, Chapter 3, Section 5, entitled "Unique Land
Uses," is -hereby amended to add subsection "S" providing for the regulation of
personal wireless facilities, spires, poles, antennas, steeples, towers, and other such
structures, including co -location design requirements, setbacks, permits, public
hearing, and other design requirements.
Section 4: States that the provisions of Ordinance No. 294 are declared to be sev-
erable, and that if any provision or application of such provision to any person or
circumstance is declared invalid for any reason, such declaration shall not affect
th4 validity of remaining portions of Ordinance 294.
Section 5: States that Ordinance 294 shall take effect•and be in force from and
after its passage, approval, and publication as required by law. Provides that a
summary of Ordinance No. 294 may be published in lieu of the entire ordinance in
co[npliance with Section 50-901 A, Idaho Code.
The full text of Ordinance No. 294 is available at City -Hall and will be provided to
any citizen upon personal request during normal office hours.
DATED this 13th day of May, 1997.
cliff OF EAGLE
Ada County, Idaho
By*, Charles A. Bower, Mayor
ATTEST:
By: Sharon K. Smith, City Clerk
CERTIFICATION OF CITY ATTORNEY
I, Ole undersigned City Attorney for and legal advisor to the City of Eagle, Idaho,
hereby certify that I have read the foregoing Summary of Ordinance No. 294 of the
City of Eagle and that the same is true and complete and provides adequate notice
to+the public of the contents of said Ordinance.
DATED as of the 13th day of May, 1997.
By; John J. McFadden, City Attorney
L-153 May 16, 1997
NO.
L -153E