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Ordinance - 1971 - 1 - Adopting codified ordinances - 05/24/1971ORDINANCE NO. 1 An Ordinance of the City of Eagle, Ada County, State of Idaho, adopting the Codified Ordinances for the City of Eagle, Idaho, and providing for ordinances for the administration of said city; BE IT HEREBY ORDAINED; Section 17: That the attached Codified Ordinances for the City of Eagle, as set forth in haec verba and made a part of this Ordinance as though fully set forth herein, are hereby adopted as the Codified Ordinances for the City of Eagle, Idaho. DATED this 24th day of May, 1971. Otis A. Young, ATTEST: Siirley B-utrow, City Clerk claims filed against the city, designating the city depository and establishing a bond for the city depository. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, ADA COUNTY, IDAHO: Section 1: 1-104: RULES FOR CONSTRUCTION OF ORDINANCES AND AMENDMENTS: In the construction of the Revised Ordinances and all ordinances amendatory thereof or supplementary thereto the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the legisla- tive body or repugnant to the context of the ordinance. (A) Intent to Defraud: Whenever, by any of the pro- visions of this Code, an intent to defraud is required in order to constitute an offense, it is sufficient if an intent appears to defraud any person, association or body politic or any combina- tion of persons. (B) Liability of Employers and Agents: When the pro- visions of an ordinance prohibit the commission or omission of an act, not only the person actually doing the prohibited thing or omitting the directed act, but also the employer and all other persons concerned or aiding or abetting the person shall be guilty of the offense described and liable to the penalty as set forth in this Code. (C) Title of Sections and Subsections: The title of any section or subsection of this Official Code shall be deemed in no wise to restrict, qualify or to limit the effect of the provisions set forth and contained in such section or subsection. (D) Constitutionality; Effect of: Should any portion of this Official Code be declared by any court of competent jurisdiction to be unconstitutional or void, such adjudication shall in no way affect the remaining portion of this Code. 1-105: INTENT TO DEFRAUD: Whenever by any of the provisions of the Ordinances an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association or body politic or corporate whatever. 1-106: LIABILITY OF EMPLOYERS AND AGENTS TO PENALTY FOR VIOLATION OF ORDINANCES: When the provisions of an ordin- ance prohibit the commission or omission of an act, not only the person actually doing the prohibited thing or omitting the directed act, but also the employer and all other persons con- cerned or aiding or abetting therein, shall be guilty of the offense described and liable to the penalty prescribed for the offense. 1-107: TO WHAT ACTS PENALTY SHALL ATTACH: Any person who shall commit any act declared by any ordinance of the City of Eagle to be unlawful, or who fails to perform any act or discharge any obligation or duty required by or imposed upon him by any ordinance shall be deemed guilty of violating such ordinance and shall be subject to the penalty fixed for the violation of any city ordinance with like effect as if such penalty were specifically declared in the section or provision of the ordinance forbidding such act or declaring the same to be unlawful or prescribing the duty or imposing the obligation, and where any duty is prescribed or obligation imposed, or where any act which of a continuing nature is forbidden or declared to be unlawful, each day such duty or obligation remains unper- formed or such act continues, shall constitute a separate offense except where otherwise provided in these ordinances. Section 3: 3-104: MAYOR; DUTIES: The Mayor shall devote so much of his time to the duties of his office as an efficient and faithful discharge thereof may require. He shall from time to time give the Council such information, and recommend such measures as he may deem beneficial to the City of Eagle; he shall examine the grounds of all complaints against any of the officers of the City of Eagle to determine existence of a violation or neglect of duty, and report the evidence thereof, if deemed sufficient for the removal of said officer, to the Council. He shall require that every officer, on the expiration of his term of office or resignation or removal from the same, deliver to his successor all moneys, books, paper, maps, plats, furniture, fixtures, apparatus, machinery, tools and instruments and appurten- ances belonging to such office. He shall perform all other duties imposed by the laws of the State of Idaho. 3-105: MAYOR TO SIGN CONTRACTS: The Mayor is authorized and empowered to sign his name officially for and in behalf of the City of Eagle on all contracts, including deeds, bonds, bills, notes, obligations, and other agreements, documents and papers to which the City is a party, and to require that the conditions in the said instruments are faithfully performed, and to borrow money on the credit of the City when authorized by the Council. 3-106: MAYOR MAY OFFER REWARD: The Mayor, whenever he deems it expedient is hereby empowered to offer a reward not exceeding One Hundred ($100.00) Dollars for the arrest and con- viction of any person charged with violating the ordinances of the City of Eagle. 3-107: MAYOR MAY GRANT PARDON: The Mayor is empowered to grant a pardon to any person imprisoned for a violation of the ordinances of the City of Eagle, and to remit so much of any fine or forfeiture as in his judgment may seem just and reasonable, and shall report such remittance or pardon with the cause thereof, to the Council at its next meeting. 3-108: VETO POWER OF MAYOR: The Mayor shall have power to veto or sign any ordinance passed by the City Council, pro- vided, that any ordinance vetoed by the Mayor may be passed over his veto by a vote of two-thirds of the members of the Council elected notwithstanding the veto, and should the Mayor neglect or refuse to sign any ordinances and return the same with his objection, in writing, at the next regular meeting of the Council, the same shall become a law without his signature. 3-109: ACCOUNTS AND REPORTS OF OFFICERS: The Mayor shall have the power, when he deems it necessary, to require any officer of the City to exhibit his accounts or other papers and to make reports to the Council in writing, touching any subject or matter he may require pertaining to his office. 3-110: POLICE POWERS OF MAYOR: The Mayor shall have jurisdiction over all places within five miles of the Corporate Limits of the City of Eagle, for the enforcement of any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters, excepting taxation, within one-half mile of the Corporate Limits of the City of Eagle. 3-111: MAY MAY REQUIRE AID: The Mayor is hereby auth- orized to call on every male inhabitant in the City over eighteen years of age and under the age of fifty years, to aid in enforc- ing the laws. 3-112: OTHER POWERS: The Mayor shall have all other powers granted by the laws of the State of Idaho. 3-113: TERM OF OFFICE: The term of the Mayor of the City of Eagle, Ada County, shall be four (4) years. 3-114: DUTIES OF COUNCILMEN: The members of the City Council, the legislative and policy making branch of the govern- ment of the City of Eagle, shall devote so much of their time to the duties of their office as an efficient and faithful discharge thereof may require. They shall attend all meetings of the Council unless lawfully excused therefrom, and perform all duties by the nature of their office they should reasonably perform, such as the passing of ordinances, resolutions, and the overseeing of improvements and work done for the City of Eagle according to the character of committees upon which they may severally be appointed. 3-115: COUNCILMEN; HOW ELECTED: There shall be four (4) councilmen elected at large on the City Council. At each municipal election hereafter one (1) councilman shall be elected at large within the City of Eagle for a term of four (4) years, or until his successor is elected and qualified. 3-116: VACANCY; HOW FILLED: In the event an office of the councilman becomes vacant, through death, moves out of the ward, or for any other cause, the Mayor shall appoint, with the approval of the Council, a resident of the ward to fill out the unexpired portion of the term, until the next general election, when the unexpired term shall be filled by regular election. 3-117: TIME AND PLACE OF MEETINGS: The regular meetings of the City Council of the City of Eagle shall be held at such place as may be designated from time to time by the Mayor and City Council in the City of Eagle on the second Monday of each month at 7:30 o'clock P.M. of said day. If the said Monday of any month is a holiday, the meeting shall be held the evening following at the same hour. 3-118: HOW TO CONDUCT COUNCIL MEETINGS: There is hereby adopted by the City of Eagle for the purpose of establishing rules and regulations for the conduct of council meetings, the Clerk's duties and the Mayor's duties in relation to council meetings, that certain booklet entitled "How to Conduct Municipal Council Meetings", published by the Idaho Municipal League, being the 1953 edition thereof, of which not less than three (3) copies are now on file in the office of the City Clerk and the same are hereby adopted and incorporated as fully as if set forth at length herein. 3-119: APPOINTMENTS BY MAYOR: The Mayor, with the consent of the City Council, shall appoint a City Clerk, City Attorney, City Works Superintendent, Chief of Police, Chief of Fire Depart- ment and Assistants and City Treasurer. 3-120: TERM OF OFFICE AND REMOVAL: All appointive offi- cers shall hold office for the term for which they were appointed and qualified, provided, that any appointive officer may at any time be removed by the action of the Mayor with the concurrence of a majority of the City Council; provided further, that all employ- ees holding positions by virtue of appointment only, without the approval of the City Council, may be removed or discharged at the pleasure of the appointing power. 3-121: APPOINTMENTS TO OFFICES HEREAFTER CREATED: The Mayor, by and with the consent of the City Council, shall make appointments to all City offices now existing in the City of Eagle which have not been in this Ordinance specifically named and which may be hereafter created from time to time by the City Council. 3-122: CITY CLERK; DUTIES: (A) CLERK TO KEEP SEAL, ORDINANCES, AND ALL CITY RECORDS: The City Clerk shall be custodian of the City Seal and affix the same to documents as in Section , Ordinance of this Code provided. The City Clerk shall also be the custodian of all public records, ordinances, resolutions and orders of the City Council, and such other papers and documents as may be delivered into his or her custody. (B) TO ATTEND MEETINGS OF COUNCIL AND KEEP MINUTES AND RECORDS: The City Clerk shall attend all sessions of the City Council, keep a correct journal and shall keep in a separate book a record of ordinances passed by the City Council and of the titles of such ordinances; and all ordinances not published in a book form shall be carefully indexed alphabetically. The City Clerk shall see that each ordinance is published as required by law, and he or she shall keep on file the proof of such publication. (C) TO REPORT TO CITY COUNCIL: The City Clerk shall pre- pare and present to the City Council at its regular meeting each month a full and complete statement of the financial transactions of his office during the month preceeding, which said statement shall set forth all receipts for licenses issued; money received with applications for licenses which are to come before the City Council. All other funds received by him or her as City Clerk and said report shall give a detailed explanation of disbursements, including a statement of the aggregate of warrants of each fund issued, of warrants redeemed during the month and warrants out- standing against each fund at the close of such month. He shall also at the close of each fiscal year present to the City Council an annual report covering the operations for the entire year, which said report shall also contain a description of the bonds issued and sold during the year, and the terms of sale; and shall itemize each and every expense thereof. The City Clerk shall also make such additional reports and furnish such other data from the records and files of his or her office as may be requested by the Mayor or City Council. (D) TO FURNISH COPIES OF CITY RECORDS: It shall be the duty of the City Clerk to furnish any City Officer with a certified copy of any record, paper or public document on file in his office, or in his custody, for the use of such officer in the discharge of his official duties, and he shall also furnish a certified copy of any such record, paper or document to any person not an officer of the City upon the payment in advance of fifteen cents per folio of one hundred words for such copy. (E) TO KEEP BOOKS AND RECORDS: The City Clerk shall keep such books and permanent records of the transactions and business of his office as may be necessary to accurately disclose all transactions and business of his office. He shall also countersign all warrants, and keep a "Warrant Register and Abstract of Expenditures", showing the numbers and amounts of warrants issued and the person to whom issued, the date redeemed, the interest paid, and the several funds against which each of said warrants is drawn. (F) TO FILE AND AUDIT CLAIMS AGAINST THE CITY: The City Clerk shall file and audit all claims against the City and shall submit the same to the Council at the next regular meeting or when ordered by the Council to do so. (G) TO ISSUE LICENSES: The City Clerk shall issue all licenses, a duplicate of which shall be kept on file, but no license shall be issued to any person unless fees and charges fixed by ordinance shall have first been paid, for which payment the City Clerk shall issue a receipt in duplicate. The City Clerk shall endorse upon the receipt and duplicate receipt the number of the license issued, the number of the application for license, and the duplicate of such receipt so issued shall be kept on file with the duplicate license. (H) TO KEEP RECORD OF MUNICIPAL BONDS: The City Clerk shall keep a record of outstanding bonds of the City, showing the number and amount of each, and for what and to whom said bonds were issued, and when any of said bonds are purchased or paid or cancelled, said record shall show the fact, and in his report at the close of each fiscal year he shall describe parti- cularly the bonds issued and sold during the year, the terms of sale, itemize each and every expense thereof. (I) TO TURN MONEY OVER TO CITY TREASURER: Within ten days after the filing of his monthly report as provided in subdivision (C) of this Ordinance, the City Clerk shall deposit with the City Treasurer all funds collected by him during the preceeding month, less refunds of money paid on application for licenses which are disallowed by the City Council. 3-123: CITY ATTORNEY; DUTIES: It shall be the duty of the City Attorney to prosecute and defend in all courts, all actions on behalf of the City on account of official acts; to take appeals or sue out write of error on behalf of the City or any office aforesaid, with the consent and approval of the Mayor, and make the necessary bonds, in the name of the City; to advise the City Council or its committees, or any City Officer, on such legal questions as may arise in relation to the business of the City; to attend the meetings of the City Council: Having personal knowledge of the violation of any City Ordinance or upon receiving the reliable information of any such violation, he shall institute the necessary steps to bring the offender to punishment. 3-124: CITY WORKS SUPERINTENDENT; DUTIES: The City Works Superint-ndent shall have charge of the superintending of all City Works as follows: (A) STREETS AND ALLEYS: He shall supervise the grading, oiling and repairs of all streets and alleys of the City of Eagle. (B) SEWERS: He shall supervise the installation and maintenance of all sewer lines in the City of Eagle excepting the installation of sewer projects which are done under contract. (C) WATER: He shall supervise the installation and maintenance of all water mains and water services excepting the installation of water mains so installed under contract. (D) EQUIPMENT: He shall have charge of and supervise the repairs and upkeep of all City Works equipment. (E) EMPLOYMENT AND SUPERVISION: He shall employ, with the consent of the Mayor and City Council, such help as is needed to carry on the work of the City, such help to be directly under his supervision. (F) OTHER DUTIES: The City Works Superintendent shall be responsible for the accomplishment of such other work of the City which the Mayor may from time to time assign to him. (G) TO MAKE REPORTS: The City Works Superintendent shall present to the City Council at its regular meeting each month a written report of City work accomplished the preceding month and also, as far as can be foreseen, city work planned for the current month. 3-125: CHIEF OF POLICE: The Chief of Police, under the direction of the Mayor, shall direct and control the police of the City of Eagle. He shall preserve the peace and good order of the City, quell all riots, arrest and bring all violators of the City Ordinances before the Police Judge for trial, either with or without process, serve all processes issued by the Police Judge to him directed, and enforce all orders and judgments of said court, and take such measures as shall secure the peace and good order of all public meetings. The Chief of Police, in execution of his duty, with or without warrant, in arresting any person accused or suspected of crime or in the suppression of any riot or unlawful assembly, or in the prevention of the violation of the City Ordinances, shall have the power to call upon any citizen or bystander to assist him in the execution of his duty. He shall inquire into and report to the Police Judge all violations of the City Ordinances and criminal laws of this State, and cause all Ordinances passed by the Council to be enforced. He shall take into custody with or without process, any person found violating the City Ordinances and bring such person before the Police Judge to be dealt with according to law. The Chief of Police shall, with the consent of the Mayor, appoint such special policemen as may be required, but no such special policemen shall be appointed for a period longer than ten (10) days, without the consent of the Council, and the same shall not be reappointed at the expiration of the ten days with- out the consent of the Council. All such appointments of special policemen shall be reported to the Council by the Mayor next regular meeting after such appointment. 3-126: CHIEF OF FIRE DEPARTMENT AND ASSISTANTS; DUTIES: The Chief of the Fire Department shall have, subject to the approval of the City Council, supervision of all the affairs and business of the Department, control of all Fire Department property and equipment, and the work of all the members and employees thereof, and while attending fires, answering fire calls and returning therefrom, subject to the approval of the City Council, shall have the authority of a police officer. The First Assistant Chief and Second Assistant Chief shall assist the Chief of the Fire Department in his duties. In the absence of the Chief of the Fire Department, they shall perform the duties of such Chief. at the 3-127: TREASUER; DUTIES: (A) TO RECEIVE AND SAFELY KEEP FUNDS: It shall be the duty of the City Treasurer to receive and safely keep in desig- nated depositories, as required by law, all moneys or funds belonging to the City which may come into his hands; to disburse the same upon an appropriation by ordinance or resolution of the City Council, after audit and allowance by the Council of Claims therefor, and upon warrant of the Mayor, countersigned by the City Clerk, and not otherwise. Securities belonging to the City, incapable of deposit in a checking account, shall be kept by the City Treasurer in a safety deposit box in some banking institution designated by the City Council. All bonds or securities delivered to the City Treasurer by any designated depository of City funds as security for such funds shall be deposited with the County Auditor or other public official as may be provided by law. (B) TO KEEP PROPER RECORDS AND BOOKS: The City Treasurer shall keep in suitable book or books, a full and accurate account of City moneys and funds received by him, showing the date of the receipt thereof, the person from whom received and on what account and to what fund the same is credited with the date of disburse- ment, the person to whom disbursed, on what account and against what fund. (C) TO DELIVER ALL PAID VOUCHERS AND WARRANTS TO CLERK: All warrants or orders paid and redeemed and all vouchers shall be delivered to the City Clerk immediately upon payment or redemption and such redeemed warrants shall have written or stamped on the face thereof the word "Paid." (D) TO ISSUE DUPLICATE RECEIPTS FOR MONEY RECEIVED: The City Treasurer shall execute and deliver to every City Officer or other person paying money or funds other than water rentals into the treasury a receipt therefor, specifying the date of payment, the amount thereof and upon what fund or account the same is received. The City Treasurer shall issue such receipt from blank books, which books shall contain a duplicate of the receipt delivered to the person making payment, and such duplicate shall be delivered to the City Clerk. (E) CITY WARRANTS TO SHOW FUND DRAWN UPON AND AMOUNTS APPROPRIATED TO SUCH FUND: Each City Warrant shall show the fund upon which the same is drawn and if against any fund based upon an appropriation shall show the amount appropriated to such fund and the amount expended therefrom after deducting the amount of such warrant. (F) CITY WARRANTS; WHEN CALLED: Outstanding warrants shall be called for payment in their order whenever the City Treasurer shall have on hand in the fund upon which such warrants are drawn, dollars or more. Provided that if the aggregate of such warrants is less than , they may be called at any time that money is available to pay the same. (G) WARRANTS; ORDER OF PAYMENT; REGISTRATION: Every fund in the hands of the City Treasurer shall be paid out in the order in which the warrants are presented for payment; provided that in case that there are no funds in the hands of said Treasurer applicable to the payment of any warrant when presented, the City Treasurer shall endorse on the same "Not Paid for Want of Funds," and enter same in a book to be kept for such purpose known as the "Warrant Register," and thereafter said warrants shall bear interest at the rate of per cent per annum until there are funds in the hands of the City Treasurer with which to pay the same. (H) TO DELIVER BOOKS AND PAPERS TO SUCCESSORS: The City Treasurer shall deliver to his successor in office all books, moneys, papers and other property pertaining to his office. (I) TO PUBLISH QUARTERLY REPORTS OF RECEIPTS AND EXPENDITURES: It shall be the duty of the City Treasurer to cause to be published for at least one insertion in some news- paper in the City of Eagle between the first and third Mondays of May, August, November and February of each and every year a full statement of the receipts and expenditures of the City, giving the source from whence received, to what purpose applied and to whom paid. (a) TO COLLECT ALL MONEYS: The City Treasurer shall receive and all Officers or other persons shall forthwith pay to the City Treasurer, except as otherwise provided by Ordinance, all moneys due the City on any account whatsoever. (K) TO MAKE MONTHLY REPORT TO CITY COUNCIL: The City Treasurer shall at the end of each and every month, and at other times when required by the Mayor or City Council, render an account, under oath, showing the condition of the treasury at the date of such account, including in said statement the balance of money in the treasury with a detailed statement of the specified amount in each designated depository and of the amount and class of security held to guarantee each deposit. Such account shall also contain a statement of receipts and disbursements, and of all warrants redeemed and paid by him, which said warrants, with all vouchers held by him, shall be filed with his said accounts in the Clerk's office. The Mayor or any member of the City Council shall have free access to any and all books or papers in the office of the City Treasurer for the purpose of inspection or examination. 3-128: BONDS OF OFFICERS: The several officers herein named shall give bonds to the City with two or more sufficient sureties in the penal sums as follows; provided, surety bonds may be furnished at the expense of the City in lieu of personal bonds, to -wit: City Clerk $ City Treasurer 3-129: HEALTH OFFICER; DUTIES: The Mayor, with the con- sent of the City Council, shall appoint a health officer of Eagle, who shall have the duty of enforcing all health and sanitary ordinances and laws pertaining to the City of Eagle, and shall have such other duties as may from time to time be required by the Mayor and Council. 3-130: PUBLIC HEALTH AGREEMENTS: The City of Eagle may, from time to time, enter into agreements with the City - County Health Department of Ada County, Idaho, for the operation and maintenance of a health department for the City of Eagle. The officers and employees of such a health department shall have and perform such duties and functions as may be ascribed by such agreements and by the ordinance of the City of Eagle. 3-131: CLAIMS FILED WITH CITY: All claims against the City must be filed with the City Clerk, in writing, and by him presented to the Council for their auditing, with a full account of the items, verified by the oath of the claimant or his agent, that the same is correct, reasonable and just and that it, nor any part thereof, has not been paid, and no claims or demands shall be audited or allowed unless presented and verified as provided for in this Section. 3-132: DESIGNATION OF DEPOSITORY: The Idaho First National Bank, Valley Branch, is hereby designated as the deposi- tory for the City of Eagle. The City Treasurer is hereby ordered, required and directed to keep moneys belonging to or in the care of the City of Eagle coming into his hands and into the hands of the said City, in the above named depository. 3-133: BOND OF DEPOSITORY: Such depository shall furnish a bond executed by it to the said City and deposit with the County Auditor, collateral security sufficient to save the City from any loss in the sum not less than the estimated maximum amount on deposit at any one time. Such bond and collateral to be approved by the Mayor and City Council of the City of Eagle. { PROOF OF PUBLICATION State of Idaho, ss. County oof Ada I, ,being first duly sworn, depose and say, that I am over twenty-one years of age, and Chief Clerk of VALLEY NEWS -TIMES, a weekly newspaper of general circulation, published at Meridian, County of Ada, State of Idaho, and that the annexed notic was published in said paper once each week for consecutive w ka! the first publication being on the 7 -'day of 19_9 _, and the last publication being on theme .day of ____ _ _..__ _ _ .. ._., 191L_. That said notice was published in the newspaper proper and not in a supplement. That said newspaper had been continuously and uninterruptedly published in said county for a period of 78 consecutive weeks prior to the first publication of this notice, and is a newspaper within the meaning of the Idaho statutes. r Chief Clerk Subscribe nd sworn to before me this day of — . . L. -Y/4 Notary Public in and for Idaho Residence or Postoffice Address Idaho.