Upon adoption by the board of county commissioners, this county code is hereby declared to be and shall hereafter constitute the official county code of Ada County. This county code of ordinances shall be known and cited as the ADA COUNTY CODE, and it is hereby published by authority of the board of commissioners and shall be kept up to date as provided in section 1-1-3 of this chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this county code by title in any legal document 1 . (Ord. 403, 8-8-2000)

1-1-2: ACCEPTANCE:

This county code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this state as the ordinances of the county of general and permanent effect, except the excluded ordinances enumerated in section 1-2-1 of this title. (Ord. 403, 8-8-2000)

1-1-3: AMENDMENTS:

Any ordinance amending this county code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this county code. The board, prior to its consideration of any such ordinance, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. Any amendment to this county code shall be passed by the board in accordance with Idaho Code sections 31-714 through 31-716. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers and the said ordinance material shall be prepared for insertion in its proper place in each copy of this county code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of this county code. (Ord. 403, 8-8-2000; amd. Ord. 419, 2-13-2001)

1-1-4: CODE ALTERATIONS:

It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this county code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the board of commissioners. The county clerk- recorder shall see that the replacement pages are properly inserted in the official copies maintained in the office of said clerk. Any person having in his custody an official copy of this county code shall make every effort to maintain this code in an up-to-date and efficient manner. He shall see to the immediate insertion of new or replacement pages when such are delivered to him or made available to him through the office of the county clerk-recorder. Said code books, while in actual possession of officials and other interested persons, shall be and remain the property of the county and shall be returned to the office of the clerk-recorder when directed so to do by order of the board of commissioners. (Ord. 403, 8-8-2000)

1-2-1: REPEAL OF GENERAL ORDINANCES:

All general ordinances of the County passed prior to the adoption of this County Code are hereby repealed, except such as are included in this County Code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the County; and all special ordinances.

1-2-2: PUBLIC UTILITY ORDINANCES:

No ordinance relating to railroads or railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be replaced by virtue of the preceding section, excepting as this County Code may contain provisions for such matters, in which case this County Code shall be considered as amending such ordinance or ordinances in respect to such provisions only.

1-2-3: COURT PROCEEDINGS:

No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed in violation of such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect.

This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.

Nothing contained in this Chapter shall be construed as abating any action now pending under, or by virtue of, any general ordinance of the County herein repealed and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this Chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the County under any ordinance or provision thereof in force at the time of the adoption of this County Code.

1-2-4: SEVERABILITY CLAUSE:

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this County Code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code, or any part thereof. The Board of Commissioners hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (1984 Code)

1-3-1: CONSTRUCTION OF WORDS:

Whenever any word in any section of this County Code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this County Code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this County Code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto.

The word "ordinance" contained in the ordinances of the County has been changed in the content of this County Code to "title", "chapter", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the County's ordinances is not meant to amend the passage and effective dates of such original ordinances.

1-3-2: DEFINITIONS:

Whenever the following words or terms are used in this Code, they shall have the meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:

AGENT: A person acting on behalf of another.

BOARD: Unless otherwise indicated, the Board of County Commissioners of Ada County, Idaho.

CODE: The Code of Ordinances of Ada County, and all amendments thereto.

COUNTY: The County of Ada, State of Idaho.

EMPLOYEES: Whenever reference is made in this Code to a County employee by title only, this shall be construed as though followed by the words, "of the County of Ada".

FEE: A sum of money charged by the County for the carrying on of a business, profession or occupation.

LICENSE: The permission granted for the carrying on of a business, profession or occupation.

MISDEMEANOR: Any offense not defined as a felony or infraction under State law 1 .

NUISANCE: Anything offensive or obnoxious to the health and welfare of the inhabitants of the County; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.

OCCUPANT: As applied to a building or land, this term shall include any person who occupies the whole or any part of such building or land, whether alone or with others.

OFFENSE: Any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.

OFFICERS: Whenever reference is made in this Code to a County officer by title only, this shall be construed as though followed by the words "of the County of Ada".

OPERATOR: The person who is in charge of any operation, business or profession.

OWNER: As applied to a building or land, this term shall include any land trust beneficiary, part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.

PERSON: Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.

PERSONAL PROPERTY: Every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right of interest therein.

RETAILER: Unless otherwise specifically defined, this term shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.

STATE: The state of Idaho.

STREET: Shall include alleys, lanes, courts, boulevards, public squares, public places and sidewalks.

TENANT: As applied to a building or land, this term shall include any person who occupies the whole or any part of such building or land, whether alone or with others.

WHOLESALER AND WHOLESALE DEALER: Unless otherwise specifically defined, such terms shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.

WRITTEN, IN WRITING: These terms may include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark. (1984 Code)

1-3-3: CATCHLINES:

The catchlines of the several sections of this code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (1984 Code)

1-4-1: GENERAL PENALTY:

Any person convicted of a violation of any section or provision of this code, where no other penalty is set forth, shall be punished by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment, for any offense 1 , or by a fine not to exceed one hundred dollars ($100.00), and no imprisonment, when the offense is designated as an infraction, by state law or by any section or provision of this code 2 . (1984 Code; amd. Ord. 603, 1-30-2006)

1-4-2: APPLICATION OF PROVISIONS:

The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this code where any duty is prescribed or obligation imposed, or where any action which is of a continuing nature is forbidden or is declared to be unlawful, shall be deemed guilty of a misdemeanor or an infraction, as appropriate. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this code.

In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting attorney may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply. (1984 Code)

1-4-3: LIABILITY OF OFFICERS:

No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the board of commissioners to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (1984 Code)

1-6-1: POLICE TRAINING REQUIRED:

The board of county commissioners hereby declare that it desires to qualify to receive aid for police training from the Idaho peace officer standards and training council under the provisions of chapter 51, section 19-5109, Idaho Code. Pursuant to Idaho Code, section 19-5110, the county, while receiving aid from the Idaho peace officer standards and training council pursuant to said chapter 51, will adhere to the standards for employment and training established by the Idaho peace officer standards and training council. (Ord. 36, 3-10-1970; amd. 1984 Code)

1-7-1: PURPOSE AND SCOPE:

Idaho is an at will state for employment purposes. It is the intention of the board of county commissioners of Ada County to bring its employment policies in line with an at will system of personnel administration. At will employees serve at the will and pleasure of their supervising elected officials. Their employment may be terminated at any time, with or without cause. Ada County at will employees retain all the employment protections guaranteed by state and federal law. It is both good business practice and sound public policy for Ada County to have personnel administration under an at will system that is clear and manageable for employees, supervisors and elected officials. The board of county commissioners finds that an at will personnel system will aid in the retention of skilled employees and serve the public interest. (Ord. 654, 2-20-2007)

1-7-2: EFFECTIVE DATES:

Effective June 1, 2007, title 1, chapters 7 and 11 of this code are hereby repealed. Effective June 1, 2007, this chapter is hereby enacted implementing an at will system of personnel administration. On the same date, handbooks providing the human resource policies and procedures of Ada County will be adopted by resolution of the board of Ada County commissioners. (Ord. 654, 2-20-2007)

1-7-3: CREATION OF ADA COUNTY EMPLOYEE/MANAGER HANDBOOK:

In the interim period prior to the effective date of the new personnel system, the Ada County department of administrative services shall prepare a draft handbook for review by the board of Ada County commissioners. This handbook will be an overall guide to the county personnel system. The handbook shall be adopted by resolution of the board of county commissioners. It may be amended from time to time by the board of county commissioners for such reasons as they may determine. Between the adoption date hereof and the effective date of June 1, 2007, employees are encouraged to review a draft of this handbook and meet with representatives of the human resources division concerning the handbook and/or implementation of this chapter. The Ada County department of administrative services shall provide a copy of the handbook to each employee of Ada County by such means as they determine to be most effective. (Ord. 654, 2-20-2007)

1-7-4: CREATION OF HUMAN RESOURCES PROCEDURAL HANDBOOK:

Prior to the effective date hereof further procedural guidelines shall be promulgated by the Ada County department of administrative services and circulated to each elected official for comment. The "Human Resources Procedural Guidelines Handbook" shall provide a guide for supervisors, department heads and elected officials in the implementation of the Ada County employment handbook. On or after June 1, 2007, such "Human Resources Procedural Guidelines Handbook", amended, as the board of county commissioners shall deem appropriate, shall be adopted by resolution. The "Human Resources Procedural Guidelines Handbook" may be amended from time to time by resolution of the board of Ada County commissioners. (Ord. 654, 2-20-2007)

1-7-5: ADDITIONAL POLICIES AND PROCEDURES:

In addition to using the "Ada County Employee/Manager Handbook" and "Human Resources Procedural Guidelines Handbook", elected officials may adopt such further policies and procedures to meet the unique needs of the offices they administer as are not in conflict with the policies and procedures described in the "Ada County Employee/Manager Handbook" and "Human Resources Procedural Guidelines Handbook" and/or state and federal laws. (Ord. 654, 2-20-2007)

1-8-1: GUARANTEE FUND CREATED:

For the purpose of guaranteeing, to the extent of such fund, the payment of bonds or warrants and interest thereon issued by Ada County in payment of all costs and expenses incurred, assessed against, and charged upon all lots and lands abutting, adjoining, contiguous and adjacent to any improvements ordered by the board of county commissioners and included within the boundaries of local improvement districts created by the board, there is hereby created a local improvement guarantee fund. (Ord. 117, 8-12-1981)

1-8-2: MILL LEVY FOR FUND ESTABLISHED, EXCEPTIONS:

There is hereby fixed and established a mill levy not to exceed one mill in any one year for the purpose of obtaining funds for the said guarantee fund by which to pay bonds or warrants together with interest thereon issued in payment of all costs and expenses incurred, assessed against and charged upon all lots and lands abutting, adjoining, contiguous and adjacent to any local improvements ordered by the board and included within a local improvement district created by the board, or in lieu of said mill levy, the board may, by ordinance, appropriate and transfer from the general fund such sums as determined by the board sufficient to guarantee to the extent of such fund the payment of all bonds or warrants together with interest thereon in payment of all costs and expenses incurred, assessed against, or charged upon all lands and lots abutting, adjoining, contiguous and adjacent to improvements ordered by the board and included within a local improvement district created by the board; provided, that such sums so levied or appropriated in any year shall not exceed five percent (5%) of the outstanding obligations thereby guaranteed; provided, further, that the board shall not appropriate or levy any tax when the amount of monies in the local improvement guarantee fund equals ten percent (10%) of the total outstanding obligations thereby guaranteed. (Ord. 117, 8-12-1981)

1-8-3: WARRANTS DRAWN AGAINST FUND, PROCEDURES:

Whenever a bond or warrant issued for and drawn against any local improvement district fund is presented to the county treasurer for payment and there is not a sufficient sum of monies in the particular local improvement district fund by which to pay said bond or warrant together with interest, the treasurer may issue and draw warrants upon and against the local improvement guarantee fund, which warrants when presented to the treasurer for payment, if not paid, shall be registered and draw interest at a rate to be fixed by the board. Warrants drawing and bearing interest as herein provided may be issued against said local improvement guarantee fund to meet any financial liability against said fund, but the board, at the time of making its annual levy, shall provide for a levy of a sum sufficient with other resources of said local improvement guarantee fund to pay warrants so issued and outstanding, the tax for this purpose not to exceed one mill in any one year and shall be in addition to any and all other statutory and ordinance limitations. In lieu of issuing warrants as aforesaid, the board, whenever there is not a sufficient amount of monies in said local improvement guarantee fund at any time to pay any and all warrants together with interest thereon drawn against the local improvement guarantee fund, may replenish said fund by transferring or appropriating to it monies from the general fund of the county or any other available source as may be determined by the board, subject to the limitations of this chapter. (Ord. 117, 8-12-1981)

1-8-4: LIMITATIONS ON CLAIMS:

The holder or owner of any local improvement district bond or warrant, or the holder or owner of any warrant issued and drawn under the provisions of this chapter, shall have no claim against the county except to the extent of the funds created and received from and by the special assessments made and levied for the improvements within any local improvement district for which bonds or warrants were issued and except to the extent of the holder's or owner's pro rata share of the local improvement guarantee fund hereby created. The county shall not be liable to any holder or owner of such bonds or warrants for any loss to the said guarantee fund occurring in the lawful operation thereof. Whenever there shall be paid out of the local improvement guarantee fund any sum on account of principal or interest of a local improvement district bond or warrant, the county, as trustee for the said guarantee fund, shall be subrogated to all the rights of the holder or owner of the bond or warrant together with interest so paid and the special assessments represented by the bond or warrant so paid shall become a part of the said guarantee fund. Any surplus remaining in any local improvement district fund after the payment of all outstanding bonds or warrants together with interest shall be paid into the said guarantee fund. All bonds or warrants guaranteed by said guarantee fund shall have no preference except in the order of presentation for payment. (Ord. 117, 8-12-1981)

1-8-5: MONIES AND PROPERTIES ALLOCATED TO GUARANTEE FUND:

All funds or monies derived from the assignment of delinquency certificates, redemptions, sale of property under foreclosure for delinquent assessments, or from the rent or sale of property, title to which had been obtained by the county for nonpayment of local improvement district assessment, shall be paid into the said guarantee fund. All delinquency certificates issued and all property acquired shall be held by the county for the benefit of such guarantee fund. The funds and monies belonging to said guarantee fund may be used to redeem bonds or warrants, together with interest guaranteed by the said guarantee fund, or to purchase property at county tax sales for the purpose of protecting the said guarantee fund. If the county acquires title to the property subject to local improvement assessments, it may lease or sell and convey the said property for such price and on such terms as determined by the board, and all proceeds resulting therefrom shall belong to and be paid into the said guarantee fund; provided, however, that in the event the county purchases such property at a tax sale or otherwise, it shall not be sold and conveyed for a lesser sum than the county paid. (Ord. 117, 8-12-1981)

1-8-6: EXCESS MONIES, DISPOSITION:

Whenever the funds or monies in the local improvement guarantee fund exceed in amount ten percent (10%) of the total outstanding obligations thereby guaranteed, then the board may by ordinance authorize the county treasurer to return and pay such excess or any part thereof to the general fund; or the board may, by ordinance, authorize the treasurer to use said excess or any designated part thereof in payment of all or any part of any local improvement district bonds or warrants together with interest thereon then issued and outstanding. (Ord. 117, 8-12-1981)

1-9-1: PUBLIC CORPORATION CREATED:

A. The County of Ada does hereby create a public corporation to carry out the purposes of title 50, chapter 27, Idaho Code, hereinafter referred to as "the Act" 1 .

B. This Chapter shall not be construed to limit or restrict the purposes of the Act, but shall be liberally construed to effect such purposes.

C. The name of the public corporation shall be the Industrial Development Corporation of the County of Ada, State of Idaho.

1-9-2: POWERS OF THE CORPORATION:

The Corporation shall have all the powers, and be subject to all the limitations and provisions, contained in the Act. Such powers shall include, without limitation, all powers set forth in the Charter of the Corporation provided for in Section 1-9-3 hereof.

1-9-3: CHARTER ISSUED TO THE CORPORATION:

A charter is hereby issued by the County to the Corporation, the existence of the Corporation to commence at the time the enactment of this Chapter becomes effective. The Charter grants to the Corporation all powers authorized by the Act, and may be amended from time to time by the Board of County Commissioners. The Charter is set out at length in Section 1-9-7 of this Chapter, and is hereby approved pursuant to section 50-2703(1), Idaho Code. (Ord. 129, 3-9-83)

1-9-4: BOARD OF DIRECTORS:

A. Composition: The Board of Directors of the Corporation shall be comprised of five (5) residents of the County, appointed by the Board of Ada County Commissioners, by duly adopted resolution. No member of the Board may hold elective office in any Federal, State, County or municipal governmental agency during his term on the Board. The members shall serve staggered terms of two (2) or four (4) years in length. Three (3) members shall be appointed to four (4) year terms. Two (2) members shall be appointed to two (2) year terms. Members may be reappointed to any number of successive terms. In the event that a member of the Board shall for any reason be unwilling or unable to serve as a Director of the Board, the Board of Ada County Commissioners shall, by resolution, designate a resident of the County to serve as a Director of the Board in place of such member for a term coterminous with the duration of such member's term in office. (Ord. 129, 3-9-83; amd. 1984 Code)

B. Officers of the Board: The Board shall elect officers from among its own members. Such officers shall be elected at the initial meeting of the Board in each calendar year, shall serve until their successors have been duly elected, and shall include a president and a secretary, and may include a vice-president and an assistant secretary. The offices of vice-president and assistant secretary may be held simultaneously by the same person, provided that in such event, such person shall not both execute and attest any resolution, document, certificate, deed, mortgage, deed of trust, note, bond, contract or other document or instrument. The Board may elect such other officers as it shall from time to time determine to be necessary or desirable.

C. Bylaws, Rules and Regulations of the Board: The Board shall adopt bylaws and/or rules and regulations governing the election of officers, the power and duty of such officers, the filling of vacancies in offices, the scheduling, giving notice of, and conduct of meetings, and the conduct of the Corporation. Such bylaws, rules and regulations may be amended from time to time by the Board, provided that any such amendment shall be consistent with the provisions hereof.

D. Meetings, Quorum: A majority of the members of the Board shall constitute a quorum, and the approval of a majority of a quorum shall be necessary for the Board to take any action.

E. Functions of Board: The affairs of the Corporation shall be conducted and carried out by the Board.

F. Compensation, Expenses of Board Members: Members of the Board shall serve without compensation but with reimbursement of expenses as may be provided in the bylaws, rules and regulations of the Board.

1-9-5: CONFLICT OF INTEREST:

No director, officer, agent, employee, or official of the Corporation shall have a direct or indirect financial interest in any property to be included in, or any contract for property, service, or materials to be furnished or used in connection with, any industrial development facility financed through the Corporation.

1-9-6: FINANCIAL RESTRICTIONS AND REQUIREMENTS:

A. The County may not give or lend any money or property in aid of the Corporation except as expressly authorized by the Act. This provision shall not preclude the County from dealing with the Corporation on an arms-length basis.

B. Any net earnings of the Corporation, beyond those necessary for retirement of indebtedness incurred by it, shall inure to the County and not for the benefit of any other person. Alteration of the Charter of, or dissolution of, or audits of the Corporation shall be as provided by the Act and by subsequent ordinances of the County. Upon dissolution of the Corporation, title to all property owned by the Corporation shall vest in the County.

1-9-7: THE CHARTER:

CHARTER OF THE INDUSTRIAL DEVELOPMENT CORPORATION OF THE COUNTY OF ADA, STATE OF IDAHO

ARTICLE I

NAME, SEAL AND DEFINITIONS

The name of this public corporation shall be The Industrial Development Corporation of the County of Ada, State of Idaho. The corporate seal of this public corporation shall be a circle with the name "The Industrial Development Corporation of the County of Ada, State of Idaho" inscribed therein. As used in this Charter, unless otherwise required by context:

"Act" means title 50, chapter 27, Idaho Code, as amended (the "Act");

"Board" means the Board of Directors of the Corporation.

"Corporation" means The Industrial Development Corporation of the County of Ada, State of Idaho;

"Governing Body" means the Board of Ada County Commissioners.

"Industrial development facilities" means the same as such term means for the purpose of the Act;

"Municipality" means the County of Ada, State of Idaho; and

"Ordinance" means Ordinance No. 129 of the Municipality, passed on the 9th day of March, 1983, pursuant to which the Corporation is created.

ARTICLE II

CREATION OF THE CORPORATION AND GRANT OF POWER

The Corporation is a public corporation organized pursuant to the Act and the Ordinance. The Corporation is hereby granted all powers authorized by the Act.

ARTICLE III

DURATION OF THE CORPORATION

Unless modified by State law or by an ordinance of the Municipality, the duration of the Corporation shall be perpetual.

ARTICLE IV

PURPOSES OF THE CORPORATION

The purpose of the Corporation is to function as a public corporation pursuant to the provisions of the Act and the Ordinance and to issue tax exempt nonrecourse revenue bonds to finance industrial development facilities located within the corporate boundaries of the Municipality. The financing of industrial development facilities within the corporate boundaries of the Municipality is for the purpose of promoting higher employment, encouraging the development of new jobs, maintaining and supplementing the capital investments in industry that currently exist within the State of Idaho, encouraging future employment by insuring future capital investments, attracting environmentally sound industry within the corporate boundaries of the Municipality and to the State of Idaho, protecting and enhancing the quality of natural resources and environment, and promoting the production and conservation of energy. This Charter shall not be construed to limit or restrict the purposes of the Act, but shall be liberally construed to effect such purposes.

ARTICLE V

POWERS OF THE CORPORATION

1. The Corporation shall have all the powers granted to public corporations by the Act. Such powers include, without limitation, the following powers:

(a) To locate, construct and maintain one or more industrial development facilities;

(b) To lease to a lessee all or any part of any industrial development facility for such rentals and upon such terms and conditions, including renewal of the lease or options to purchase, as its Board of Directors considers advisable and not in conflict with the Act;

(c) To sell by installment contract or otherwise and convey all or any part of any industrial development facility for such purchase price and upon such terms and conditions as its Board of Directors considers advisable which are not in conflict with the Act;

(d) To make loans for the purpose of providing temporary or permanent financing or refinancing of all or part of the project cost of any industrial development facility, including the refunding of any outstanding obligations, mortgages, or advances issued, made, or given by any person for the project costs; and to charge and collect interest on the loans for the loan payments upon such terms and conditions as its Board of Directors considers advisable which are not in conflict with the Act;

(e) To issue revenue bonds for the purpose of financing all or part of the project costs of any industrial development facility and to secure the payment of the revenue bonds as provided in the Act; provided, that issuance of revenue bonds for facilities pursuant to the Act shall not preclude the issuance of additional revenue bonds in connection with the same facility, and provided that any subsequent bond issue shall recognize and protect any prior pledge made for any prior issue of revenue bonds;

(f) As security for the payment of the principal of and interest on any revenue bonds issued and any agreements made in connection therewith, to mortgage, pledge, or otherwise encumber any or all of its industrial development facilities or any part or parts thereof, whether then owned or thereafter acquired, and to assign any mortgage and repledge any security conveyed to the Corporation, to secure any loan made by the Corporation and to pledge the revenues and receipts therefrom;

(g) To sue and be sued, complain, and defend in its corporate name;

(h) To make contracts and to execute all instruments necessary or convenient for the carrying out of its business;

(i) To have a corporate seal and to use the same by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced;

(j) Subject to the limitations of section 50-2706, Idaho Code, to borrow money, accept grants from, or contract with any local, State, or Federal government agency or with any financial, public, or private corporation;

(k) To make and alter bylaws not inconsistent with this Charter or the Act for the administration and regulation of the affairs of the Corporation;

(l) To collect fees or charges from users or prospective users of industrial development facilities to recover actual or anticipated administrative costs;

(m) To execute financing documents incidental to the powers enumerated in this subsection;

(n) To have any and all other powers granted to public corporations under the Act; and

(o) To adopt resolutions authorizing any of the actions provided for herein.

2. Revenue bonds issued pursuant to the Act shall bear the seal of the Corporation, which may either be physically impressed thereon or printed as a facsimile thereof, and the signature of the President of the Board, or in his absence and in his stead, the Vice President, and the signature of the Secretary of the Board, or in his absence and in his stead, the Assistant Secretary. The signatures may be either manual or facsimile, or a combination thereof.

ARTICLE VI

LIMITATIONS ON THE CORPORATION

1. No part of the net earnings of the Corporation beyond those necessary to retire indebtedness incurred by it shall inure to the benefit of, or be distributable to, anyone other than the Municipality. Upon dissolution of the Corporation, title to all property owned by the Corporation shall vest in the Municipality.

2. The Municipality may not give or lend any money or property in aid of the Corporation except as expressly authorized by the Act. This provision shall not preclude the Municipality from dealing with the Corporation on an arms-length basis.

3. The Corporation may not issue revenue obligations except upon the approval of the Municipality and upon the planning and zoning approval of the county or city within whose planning jurisdiction the proposed industrial development facility lies. The Corporation may not issue revenue obligations for projects which are partially or entirely located within a city, without the approval of the city council and the Municipality.

4. No revenue bonds may be issued by the Corporation unless the Board makes a finding that in its opinion the interest paid on the bonds will be exempt from income taxation by the Federal government.

5. Revenue bonds issued by the Corporation shall not be considered to constitute a debt of the State of Idaho, of the Municipality, or of any other municipal corporation, quasi-municipal corporation, subdivision or agency of the State of Idaho, or to pledge any or all of the faith and credit of any of these entities.

6. Revenue bonds issued by the Corporation shall be payable solely from the revenues derived as a result of the industrial development facilities funded by the revenue bonds, including, without limitation, amounts received under the terms of any financing document or by reason of any additional security furnished by the user of the industrial development facility in connection with the financing thereof, any money and other property received from private sources.

7. Each revenue bond issued by the Corporation shall contain on its face statements to the effect that:

(a) Neither the State of Idaho nor the Municipality or any other municipal corporation, quasi-municipal corporation, subdivision or agency of the State is obligated to pay the principal or the interest thereon;

(b) No tax funds or governmental revenue may be used to pay the principal or interest thereon; and

(c) Neither any nor all of the faith and credit nor the taxing power of the State of Idaho, the Municipality or any other municipal corporation, quasi- municipal corporation, subdivision, or agency thereof is pledged to the payment of the principal of or the interest on the revenue bond.

8. The Corporation may incur only those financial obligations which will be paid from revenue received pursuant to financing documents, from fees or charges paid by users or prospective users of the industrial development facilities funded by the revenue bonds, or from the proceeds of revenue bonds.

9. The Corporation has no power of eminent domain nor any power to levy taxes or special assessments.

10. The Corporation has no authority to incur or create any liability that permits recourse by any contracting party or member of the public to any assets, services, resources or credit of the Municipality.

11. The Municipality shall have access to the books and records of the Corporation at all times.

12. The Corporation may not operate any industrial development facility as a business other than as lessor, seller or lender. The purchase and holding of mortgages, deeds of trust and other security interests, and contracting for any servicing thereof, is not considered the operation of an industrial development facility.

13. The Corporation may not exercise any of the powers authorized in Article V or issue any revenue bonds with respect to any industrial development facility unless the industrial development facility is located wholly within the boundaries of the Municipality, except that energy facilities and solid waste disposal facilities may be located partially or wholly outside the boundaries of the Municipality upon approval of the Municipality and planning and zoning approval by each county or city within whose planning jurisdiction the proposed industrial development facility lies.

14. The Corporation shall be subject to all other limitations set forth in section 50-2706 of the Act, which limitations are hereby incorporated herein by reference.

ARTICLE VII

ORGANIZATION OF THE CORPORATION

1. Management of the affairs of the Corporation shall reside in the Board. The Board shall be comprised of the members, as provided, and subject to the exceptions set forth in the Ordinance.

2. The members of the Board shall elect officers as provided in the Ordinance. The Board shall oversee the activities of the Corporation, establish or implement policy, participate in corporate activity as necessary and have stewardship for management in determination of all corporate affairs.

ARTICLE VIII

RIGHTS AND LIABILITIES OF DIRECTORS

1. No director, officer, agent, employee or official of the Corporation may have direct or indirect financial interest in any property to be included in or any contract for property, services or materials to be furnished or used in connection with any industrial development facility financed through the Corporation.

2. Every person who was or is a party to, or is threatened to be made a party to, or is involved in, any action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he or a person of whom he is the legal representative is or was a director or officer of the Corporation, or is or was serving at the request of the Corporation as its representative in any other enterprise, shall be indemnified and held harmless to the fullest extent legally permissible under the laws of the State of Idaho from time to time against all expense, liability and loss (including attorneys' fees, judgments, fines and amounts paid or to be paid in settlement), reasonably incurred or suffered by him in connection therewith. Such rights of indemnification shall be a contract right which may be enforced in any manner desired by such person. Such right of indemnification shall not be exclusive of any other right which such directors, officers, or representatives may have or hereafter acquire, and without limiting the generality of such statement, they shall be entitled to their respective rights of indemnification under any bylaw, agreement, provision of law, or otherwise, as well as their rights under this Article. The Board may adopt bylaws and/or rules and regulations from time to time with respect to indemnification to provide at all times the fullest indemnification permitted by the laws of the State of Idaho, and may cause the Corporation to purchase and maintain insurance on behalf of any person who is or was a director or officer of the Corporation, or is or was serving at the request of the Corporation as its representative in any partnership, joint venture, trust or other enterprise, against any liability asserted against such person and incurred in any such capacity or arising out of such status, whether or not the Corporation would have the power to indemnify such person.

ARTICLE IX

BYLAWS

The Board of Directors shall adopt bylaws and/or rules and regulations to provide such rules for governing the Corporation and its activities as are not inconsistent with the Ordinance, this Charter and the Act. Adoption of bylaws and rules and regulations and any amendments thereto shall require a majority vote of the Board. The Board may provide in the bylaws or rules and regulations for all matters relating to the governance of the Corporation, including but not limited to matters referred to elsewhere in this Charter for inclusion therein, and for the following:

1. The existence of committees and duties of any such committees;

2. Regular and special meetings of the Board;

3. Retention of staff or personnel and the relationship between the Corporation and the Municipality; and

4. Such other matters as may become necessary or important to the proper functioning of the Corporation.

ARTICLE X

AMENDMENTS TO CHARTER

This Charter may be amended by ordinance of the Municipality.

ARTICLE XI

COMMENCEMENT OF THE CORPORATION

The existence of the Corporation shall commence at the time the enactment of the Ordinance becomes effective. A true and complete copy of this Charter, certified by the Clerk of the Municipality as being on file with the Municipality and having been duly issued by the Municipality, together with a certified copy of the Ordinance, shall be filed in the permanent records of the Corporation.

ARTICLE XII

MISCELLANEOUS

Audits, dissolutions, alterations of this Charter, trusteeships, and other matters affecting the Corporation shall be in compliance with the provisions of the Ordinance and the Act.

DATED This 9th day of March, 1983.

BOARD OF ADA COUNTY COMMISSIONERS

By: Bill Gratton, Chairman

By: Vern Emery, Commissioner

By: Ed Riddle, Commissioner

ATTEST:

John Bastida, Ada County Clerk

(Ord. 129, 3-9-83)

ARTICLE XIII

REGISTERED OFFICE AND AGENT OF THE CORPORATION

1. The location of the registered office of the Corporation and the mailing address of the Corporation is the County Building, 650 Main Street, Boise, Idaho 83702. The Corporation may maintain offices at such other locations within the County of Ada as the Board of Directors may from time to time decide.

2. The initial registered agent for the Corporation shall be the President of the Board of Directors of the Corporation, whose mailing address is the County Building, 650 Main Street, Boise, Idaho 83702.

Passed and approved this 22nd day of August, 1984.

/s/ Bill Gratton

Chairman, Board of County

(SEAL) Commissioners of Ada County, Idaho

Attest: /s/ Vern Emery

Vern Emery, Commissioner

/s/ John Bastida

County Clerk, Board of County

Commissioners, Ada County, Ed Riddle, Commissioner

Idaho

(Ord. 134, 8-22-84)

1-9-8: RATIFICATION:

A. The adoption, passage and approval by the Board of Ada County Commissioners of Ordinance No. 129, as amended by Ordinance No. 129-1-83 and Ordinance No. 129-2-83, and as amended and codified by Ordinance 133, is hereby in all respects fully validated, ratified and confirmed; and Ordinance No. 129, as so amended and codified, is hereby in all respects fully adopted, passed, authorized, approved, validated, ratified and confirmed and is in full force and effect, all as and from April 9, 1983, the date of the publication of Ordinance No. 129 in The Idaho Statesman , and June 10, 1983, September 12, 1983, and July 27, 1984, the respective dates of the publication of Ordinance No. 129-1-83, Ordinance No. 129-2-83 and Ordinance No. 133 in The Idaho Statesman . Such publications are hereby in all respects fully authorized, approved, validated, ratified and confirmed as and from the respective dates of such publications.

B. The adoption, passage and approval by the Board of Ada County Commissioners of Resolution No. 378 is hereby in all respects fully validated, ratified and confirmed; and resolution 378 is hereby in all respects fully adopted, passed, authorized, approved, validated, ratified and confirmed and is in full force and effect, all as of June 15, 1983.

C. The adoption, passage and approval by the board of Ada County commissioners of resolution 395 is hereby in all respects fully validated, ratified and confirmed; and resolution 395 is hereby in all respects fully adopted, passed, authorized, approved, validated, ratified and confirmed and is in full force and effect, all as of April 9, 1984.

D. All acts heretofore performed by or on behalf of the board of Ada County commissioners pursuant to ordinance 129, as amended, and all acts heretofore performed by the corporation, are hereby in all respects fully authorized, approved, validated, ratified and confirmed, all as of and from the respective dates of the performance of such acts.

E. The board of Ada County commissioners hereby finds, determines and declares that pursuant to the provisions of the act and ordinance 129, the de jure and de facto existence of the corporation commenced on April 9, 1984, the date of publication of ordinance 129. (Ord. 134, 8-22-1984)

ARTICLE A. HISTORIC PRESERVATION1

(Rep. by Ord. 566, 11-2-2004)

1-12-1: STATEMENT OF PURPOSE:

The Board of Ada County Commissioners has determined that County business requires public meetings be held more often than once per month. The Board has further determined that these meetings should be held at the most convenient times for the general public to attend. The purpose of this chapter is to establish additional days and times for the conduct of County business in accordance with Idaho Code sections 31-710(1) and 74-204. (Ord. 251, 8-18-1992; amd. Ord. 251-1-93, 11-18-1993; amd. Ord. 286, 2-9-1995; amd. Ord. 890, 10-9-2018)

1-12-2: REGULAR MEETING TIMES AND PLACES:

Regular meetings of the Board of Ada County Commissioners shall be held Mondays at eight o'clock (8:00) A.M. or as soon thereafter as the Board may convene, in the Commissioners' Conference Room at 200 W. Front Street, Boise, Idaho, and continue until the business then before the Board has been completed; Tuesdays at eight o'clock (8:00) A.M. or as soon thereafter as the Board may convene, in the Commissioners' Conference Room at 200 W. Front Street, Boise, Idaho, and continue until the business then before the Board has been completed; Wednesdays at eight o'clock (8:00) A.M. or as soon thereafter as the Board may convene, in the Commissioners' Conference Room at 200 W. Front Street, Boise, Idaho, and then at six o'clock (6:00) P.M. or as soon thereafter as the Board may convene, in the County Public Hearing Room 200 W. Front Street, Boise, Idaho, unless otherwise posted, and continue until the business then before the Board has been completed but if business before the Board cannot be completed at a decent hour the Board may continue the business before it to a date and time certain; Thursdays at eight o'clock (8:00) A.M. or as soon thereafter as the Board may convene, in the Commissioners' Conference Room at 200 W. Front Street, Boise, Idaho, and continue until the business then before the Board has been concluded; and Fridays at eight o'clock (8:00) A.M. or as soon thereafter as the Board may convene, in the Commissioners' Conference Room at 200 W. Front Street, Boise, Idaho, and continue until the business then before the Board has been concluded. (Ord. 251, 8-18-1992; amd. Ord. 251-1-93, 11-18-1993; amd. Ord. 286, 2-9-1995; amd. Ord. 548, 6-15-2004)

1-12-3: MONDAY MEETING GENERAL TOPICS:

Monday regular meetings shall commence with an executive session if required, and shall continue with such other business as shall lawfully come before the Board. (Ord. 251-1-93, 11-18-1993; amd. Ord. 286, 2-9-1995)

1-12-4: TUESDAY MEETING GENERAL TOPICS:

The Tuesday regular meeting shall commence with routine deliberation and action on documents and expenditures such as, but not limited to, the County warrant register, contracts submitted in the normal course of business, Assessor's changes and rebates, licenses, resolutions, and ordinances, and shall thereafter include an executive session, if required, for requesting legal advice from the County's attorneys, and, at the conclusion of the executive session, the open meeting shall continue for the purpose of discussing and determining other matters of County business with the County's department heads and elected officials and shall then conclude with such other business as shall lawfully come before the Board. (Ord. 251, 8-18-1992; amd. Ord. 251-1-93, 11-18-1993; amd. Ord. 286, 2-9-1995; amd. Ord. 890, 10-9-2018)

1-12-5: WEDNESDAY MEETING GENERAL TOPICS:

Wednesday's regular meeting shall include an executive session, if required, for the purpose of deliberating and deciding indigency matters, and shall then continue until six o'clock (6:00) P.M. with such other business as shall lawfully come before the Board. At six o'clock (6:00) P.M., the Board shall hear Local Planning Act matters and shall thereafter continue with such other matters as shall lawfully come before the Board. (Ord. 251, 8-18-1992; amd. Ord. 251-1-93, 11-18-1993; amd. Ord. 286, 2-9-1995; amd. Ord. 890, 10-9-2018)

1-12-6: THURSDAY MEETING GENERAL TOPICS:

Thursday's regular meeting shall commence with an executive session, if required, and shall then continue with such other business as shall lawfully come before the Board. (Ord. 251, 8-18-1992; amd. Ord. 251-1-93, 11-18-1993; amd. Ord. 286, 2-9-1995)

1-12-7: FRIDAY MEETING GENERAL TOPICS:

Friday regular meetings shall commence with an executive session, if required, and shall continue with such other business as shall lawfully come before the Board. (Ord. 251-1-93, 11-18-1993; amd. Ord. 286, 2-9-1995)

1-12-8: ADDITIONAL MEETINGS HELD DURING BOARD OF EQUALIZATION:

In order to accommodate Board of Equalization hearings from the fourth Monday in June until the second Monday in July, the Board of Ada County Commissioners will hold additional regular meetings, by appointment only, on Mondays commencing at six o'clock (6:00) P.M. or as soon thereafter as the Board may convene, in the County Public Hearing Room, 200 W. Front Street, Boise, Idaho, and continuing until the matters then before the Board have been concluded; and Fridays commencing at nine o'clock (9:00) A.M. or as soon thereafter as the Board may convene, in the County Public Hearing Room, 200 W. Front Street, Boise, Idaho, and continuing until the matters then before the Board have been concluded. (Ord. 251, 8-18-1992; amd. Ord. 251-1-93, 11-18-1993; amd. Ord. 286, 2-9-1995; amd. Ord. 548, 6-15-2004)

1-12-9: JOINT MEETINGS WITH INCORPORATED CITIES ON ZONING ISSUES IN AREAS OF IMPACT:

All Local Planning Act matters affecting land inside the area of impact of an incorporated city within Ada County shall be scheduled to coincide with the evening hearings of the affected incorporated entity. All meetings shall be held at the regularly scheduled times and place of the incorporated city involved in the Local Planning Act matter. (Ord. 286, 2-9-1995)

1-12-10: ADDITIONAL MEETINGS ALLOWED:

The Board of Ada County Commissioners shall retain the power to call such other meetings as from time to time may be needed as authorized by the Open Meetings Act. (Ord. 251, 8-18-1992; amd. Ord. 251-1-93, 11-18-1993; amd. Ord. 286, 2-9-1995)

1-12-11: CONFLICTING ORDINANCES AND RESOLUTIONS REPEALED:

Any resolutions, acts, or ordinances contrary to this chapter are hereby rescinded or repealed, as the case may be. (Ord. 251, 8-18-1992; amd. Ord. 251-1-93, 11-18-1993; amd. Ord. 286, 2-9-1995)

1-13-1: PAYMENT OF LATE CHARGE AND INTEREST ON EXCESS TAXES COLLECTED DUE TO ERROR BY THE COUNTY:

In any case, after the fourth Monday in June, in which the Board finds that due to error or otherwise by fault of the County, an excess amount of tax was paid, the Board may refund the excess amount, plus pay the same late charge and interest, on that amount which the County would regularly require of a taxpayer who is delinquent, under the conditions outlined in Idaho Code 63-1302, for a period of no greater than three (3) years for real property and for a period of no greater than one (1) year for personal property. (Ord. 262, 4-15-1993, eff. 7-1-1993; amd. Ord. 435, 9-11-2001, eff. retroactive to 9-1-2001; Ord. 907, 2-3-2020)

1-13-2: DRY GRAZING LAND:

A. Purpose: The purpose of this section is to exempt from Meridian Rural Dire District tax levy the unimproved real property being all dry grazing land as identified by Ada County Assessor assessment category no. 050 within the Meridian Rural Fire District as authorized by Idaho Code sections 31-1420A and 31-1422 and as recommended and applied for by the Meridian Rural Fire District Commissioners.

B. Dry Grazing Land Exempted From Taxation: All dry grazing land as identified by Ada County Assessor assessment category no. 050 within the Meridian Rural Fire District is exempted from Meridian Rural Fire District tax levy as allowed under Idaho Code sections 31-1420A and 31-1422. (Ord. 359, 6-24-1998)

1-13-3: MINIMUM INVESTMENT AMOUNT NECESSARY TO QUALIFY FOR THE BUSINESS TAX EXEMPTION:

A. Per Idaho Code section 63-602NN(2)(g), the minimum investment amount for plant investment at project sites within Ada County, Idaho is set at a minimum threshold of three million dollars ($3,000,000.00); and

B. Those seeking a Property Tax exemption under Idaho Code section 63-602NN must still meet the other requirements of that section in order to be granted the Property Tax exemption. (Ord. 876, 12-19-2017)

1-14-1: PURPOSE:

The purpose of this chapter shall be to provide a procedure by which the board shall conduct hearings in personnel, medical indigency, and other matters which, by federal, state, or county law, require the receipt of evidence, whether testimony, documents, or otherwise, and a response from the board in the form of a written decision based on the record. (Ord. 293, 5-24-1995; amd. Ord. 683, 1-23-2008)

1-14-2: DEFINITIONS:

For the purposes of this chapter, words shall have the following meanings:

APPLICANT/APPELLANT: The person or entity seeking a decision from the board.

BOARD: The board of Ada County commissioners.

STAFF: Any Ada County officer or employee present during the hearing. (Ord. 293, 5-24-1995)

1-14-3: SUBMISSION OF A PROPOSED DECISION:

The board encourages any interested party to a hearing before the board to submit a brief synopsis of the matter, argument, and a proposed decision (including findings of fact and conclusions of law, if applicable). Any synopsis, argument or proposed decision must be received by and lodged with the board prior to commencement of the hearing. Failure to submit documents contemplated hereunder shall not prejudice an interested party. (Ord. 293, 5-24-1995)

1-14-4: CONDUCT OF HEARING:

Hearings before the board shall be conducted in general conformance with the following procedure:

A. Generally: The board may require any person who will testify at a hearing to be sworn in before testifying. The board may limit testimony and scope of the hearing as necessary. The board, or its designee, if any, may at any time during the hearing freely inquire of anyone at the hearing, including staff.

B. Report: Hearings before the board shall commence with a report from staff. The report may be written or oral, at the pleasure of the board, and may include testimony from witnesses. The report shall contain recommendations and a proposed decision for the board's review, including proposed findings of fact and conclusions of law in a form directed by the board for such matters, if any. The board shall not be bound by the recommendations of staff.

C. Applicant/Appellant Comments: At the conclusion of staff's comments, if any, the applicant/appellant, and those favoring the applicant's/appellant's position shall be allowed an opportunity to present testimony, documents, and other evidence which supports his or her position. An applicant/appellant may be represented by counsel. Except as provided in subsection E of this section, at the board's discretion, testimony for and against an application may be presented in rotating order.

D. Opponent And General Comments: When the applicant/appellant has concluded his or her comments, those opposing the applicant's/appellant's position or having general questions shall be provided an opportunity to present testimony, documents, or other evidence refuting the evidence presented on behalf of the applicant/appellant.

E. Applicant/Appellant Rebuttal: When the opponents, if any, have all concluded their comments, the applicant/appellant shall be allowed a brief period for rebuttal. (Ord. 293, 5-24-1995; amd. Ord. 788, 8-16-2011)

1-14-5: RECORD:

The staff report shall automatically become part of the record as shall any documents submitted by the applicant/appellant or any opponents, as shall all testimony given at the hearing. At conclusion of the hearing, the Board shall close the record unless the Board determines, in its discretion, additional evidence is required, in which event, it may proceed as follows: close the record with the exception of allowing the submission of specifically requested information, leave the entire record open for the submission of additional evidence to a date certain at which time it will automatically be closed without further action of the Board, or continue the hearing to a date certain for the purpose of receiving additional evidence and conducting such further proceedings as may, in its discretion, be advisable. (Ord. 293, 5-24-95)

1-14-6: REOPENING THE RECORD:

Prior to issuing a written decision, the Board may, for good cause demonstrated, reopen the record for the purpose of receiving additional evidence. An interested party may seek to reopen the record by filing a timely motion to reopen the proceedings containing information therein to demonstrate good cause and paying any costs which will be incurred by the County to comply with applicable law. The Board shall decide an applicant/appellant's motion to reopen the record within five (5) days of the receipt thereof. The Board may, within the time allowed herein, reopen the record for good cause on its own motion. If the Board determines to reopen the record, it shall thereafter comply with applicable law, if any, governing notice and hearings. (Ord. 293, 5-24-95)

1-14-7: DECISION BY THE BOARD:

When the record has been closed, the Board shall take the matter under advisement for the purpose of deliberating towards a decision based on the record. After deliberating, the Board may then immediately render a written decision complying with applicable law or may continue the matter to a date and time certain for further deliberation and decision. Provided, if the matter is continued, the Board shall render a written decision within thirty (30) days, unless a shorter period is provided by law, in which case the shorter period shall apply. The Board shall deliberate and make decisions at meetings which comply with the Open Meeting Act, Idaho Code section 67-2340, et seq., as it may be amended from time to time. (Ord. 293, 5-24-95)

1-14-8: APPLICABILITY:

This Chapter shall apply to any matter currently pending for which no hearing has been held and to all other qualifying matters hereafter considered by the Board. (Ord. 293, 5-24-95)

1-15-1: MONEY AND PROPERTY VALUED AT ONE HUNDRED DOLLARS OR MORE:

All employees of Ada County and all persons on property owned by Ada County shall comply with the terms of Idaho Code section 55-405 when he or she finds money or goods valued at one hundred dollars ($100.00) or more. (Ord. 626, 6-27-2006)

1-15-2: MONEY AND PROPERTY VALUED AT LESS THAN ONE HUNDRED DOLLARS:

Notwithstanding any other provision of law and any item needed for evidentiary purposes, any person who finds money or goods on county property valued at less than one hundred dollars ($100.00), excepting firearms, explosives or other deadly weapons as identified in chapter 33, title 18, Idaho Code, shall, if the owner of the money or goods is unknown, give such money or goods to the office of an elected official of Ada County, an Ada County department, or the information desk in the lobby of the courthouse and administration building. (Ord. 626, 6-27-2006)

1-15-3: PROCEDURE FOR HANDLING MONEY AND PROPERTY GIVEN TO ADA COUNTY:

A. Each elected official and the supervisor of every Ada County department shall keep a written record of all money and goods found.

B. Each elected official of Ada County and the supervisor of every Ada County department shall monthly send the money given to Ada County pursuant to section 1-15-2 of this chapter found to the county treasurer who shall hold the money for the owner. If no person establishes ownership of the money given to Ada County prior to the expiration of three (3) months from the date the money was given to Ada County, such money shall be placed in the general fund of the county for payment of the general operating expenses of the county.

C. Each elected official of Ada County and each Ada County department shall store, or send to the information desk in the lobby of the courthouse and administration building for storage, any goods given to it pursuant to section 1-15-2 of this chapter for a minimum of thirty (30) days if the value is estimated to be less than twenty five dollars ($25.00). If the estimated value is more than twenty five dollars ($25.00) the goods shall be kept for a minimum of three (3) months. At the end of such period of time, if the goods can be used by the county, each elected official or head of an Ada County department may designate the property as county property and use it for county purposes.

D. If the goods cannot be used for county purposes and the elected official or the department head of an Ada County department and the sheriff agree that such goods are appropriate for sale, then the goods shall be delivered to the sheriff and sold at public auction. The proceeds of the sale of such goods shall be applied first to the costs of the sale and the remainder shall be placed in the general fund of the county for the payment of the general operating expenses of the county.

E. If the elected official or head of an Ada County department determines that the goods cannot be used by the county and should not be sold by the sheriff, the elected official or head of an Ada County department shall cause the goods to be destroyed, disposed of, or sold to a nonprofit charity for a cost determined by the board of county commissioners to be in the best interest of the county.

F. Nothing in this section shall be construed to affect the provisions of chapter 5, title 14, Idaho Code or Idaho Code section 55-405. (Ord. 626, 6-27-2006)

ADA COUNTY

ID CODE OF ORDINANCES

ORDINANCES PENDING

REVIEW FOR CODIFICATION

TITLE 1

COUNTY ADMINISTRATION

CHAPTER 1 OFFICIAL COUNTY CODE1
CHAPTER 2 SAVING CLAUSE
CHAPTER 3 DEFINITIONS
CHAPTER 4 GENERAL PENALTY
CHAPTER 6 COUNTY OFFICERS AND EMPLOYEES
CHAPTER 7 AT WILL PERSONNEL SYSTEM
CHAPTER 8 LOCAL IMPROVEMENT DISTRICT GUARANTEE FUND
CHAPTER 9 INDUSTRIAL DEVELOPMENT CORPORATION
CHAPTER 10 ADVISORY COMMITTEES1
CHAPTER 12 REGULAR MEETING TIMES1
CHAPTER 13 PROPERTY TAXES
CHAPTER 14 HEARING PROCEDURES
CHAPTER 15 LOST AND FOUND PROPERTY ON ADA COUNTY PROPERTY