5/25/11 Bear Lake Regional Commission and Bear Lake Convention and Visitors Bureau Meeting Agenda:

The next meeting of the Bear Lake Regional Commission will be held on Wednesday, May 25, 2011 at 7:00 pm at the Garden City Convention Center, 69 North Paradise Parkway, Bldg. A, Garden City, Utah. If you are unable to attend please call Christy at 435-946-2198.

Public Hearing: Amend Articles of Association
Adopt goals for 2011-2012

5/25/11 BLRC AGENDA
May 25, 2011

1. Welcome
2. Approval of Agenda
3. Amend Articles of Association
4. Adopt goals for 2011-2012
5. New Business/Other Business
a. Staff Reports
6. Old business
7. Approval of Minutes
8. Bills, Payroll
9. Adjourn

5/25/11 BLCVB ANNUAL MEETING AGENDA

1. Welcome (Introduce New Employee)
2. Approval of Agenda
3. 2011 Marketing Plan
4. Minutes (February 23, 2011 & April 27, 2011)
5. 990 Form (approval)
6. Bills
7. Other Business
- Tourism Report
- Utah Tourism Conference
- Grant Applications
8. Adjourn
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5/23/11 Commissioners Public Meeting Minutes:

The Board of Bear Lake County Commissioners met in a special session on Monday, May 23, 2011, beginning at 9:00 A.M. in the School District #33 Board Room in Paris, Idaho. Members present were Montain D. Kunz, DeMar Romrell and Kerry Haddock, Clerk of the Board. Commissioner Vaughn Rasmussen was excused. Commissioner Romrell acted as Chairman.

Brent Bunn, Sheriff, Greg Skinner, Road and Bridge Foreman, Alan Eborn, Rosa Moosman, and Jared Eborn also attended the meeting.

AGENDA APPROVED
Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the Agenda. Motion carried.

ELECTION CERTIFICATION
Clerk Haddock presented the results of the recent election for School Trustees in School Zones 1 and 3. Commissioner Kunz made a motion seconded by Commissioner Romrell to certify the results as presented. Motion carried.

BICYCLE EVENT
Jared Eborn presented information on a proposed bicycle event in the valley scheduled for July 9, 2011. He hoped to attract as many as 600 cyclists for the event. The event would start and end in Montpelier with several routes of different distances for riders to choose from. He stressed that this would not be a race and described the safety precautions that the group had planned. The Commissioners and Sheriff Bunn expressed concern with the time of year and the route for some of the event. Their concern was the safety of the riders during the high traffic season. Mr. Eborn stated that he hoped to make this an annual event and would look toward the shoulder season in the future. The Commissioners will invite the Idaho Transportation Department to the July meeting and discuss further.

DISASTER DECLARATION
Alan Eborn, County Emergency Manager, asked the Commissioners to sign a Disaster Declaration due to the potential for flooding in the County. A similar declaration had been passed by the City of Montpelier with the possibility of flooding from Montpelier Creek. Tentative plans had been made to divert some of Montpelier Creek around the City through a pipe. Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the Disaster Declaration. Motion carried. Mayor Reed Peterson complimented Mr. Eborn, Greg Skinner, the Commissioners and others that had worked on the flooding problem. He noted that the ideas to control the flooding came from the local community.

ROAD AND BRIDGE ISSUES
Greg Skinner expressed concern with his oil budget. The Bear Lake West road that was chip sealed last year was not holding up and several other roads needed oil. The high runoff was doing a lot of damage to canyon roads. He asked the Commissioners for guidance as to when to open Minnetonka Road, Camp Bartlett and Summit View. They felt that waiting a few days or a week would be advantageous.

EXECUTIVE SESSION
Commissioner Kunz made a motion seconded by Commissioner Romrell to convene in an executive session per Idaho code 67-2345(d) to discuss indigent cases. All Commissioners present voted yes in a roll call vote.

Following the executive session Commissioners Kunz made a motion seconded by Commissioner Romrell to act on indigent cases as follows:

MEDICAL ASSISTANCE CLAIMS
#2011-05 - Approved - medically indigent, medically necessary, obligated County, last resource, emergency.
#2010-33 - Approved - medically indigent, medically necessary, obligated County, last resource, emergency.

Discussed new Pre-existing Condition Insurance Plan administered by Government Employees Health Association, Inc. under contract with the U.S. Department of Health and Human Services as authorized by the Affordable Care Act.

Meeting adjourned.

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5/23/11 Commissioners Public Meeting Notice:

THE BOARD OF BEAR LAKE COUNTY COMMISSIONERS WILL BE MEETING ON MONDAY, MAY 23, 2011 AT 9:00 A.M. IN THE SCHOOL DISTRICT #33 BOARD ROOM, PARIS, IDAHO TO DISCUSS THE FOLLOWING:

CANVASS/CERTIFY ELECTION
BIKE RACE
FLOOD SITUATION
ROAD & BRIDGE PLANNING
EXECUTIVE SESSION/MEDICAL CLAIMS & LEGAL ISSUES

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5/20-21/11 Bear Lake Shoreline Conference Public Notice:

BEAR LAKE COUNTY COMMISSIONERS WILL ATTEND THE STATE OF BEAR LAKE SHORELINE CONFERENCE ON FRIDAY AND SATURDAY, MAY 20 & 21, 2011 IN GARDEN CITY, UTAH, AT THE CITY COMPLEX

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5/18/11 Bear Lake County Planning & Zoning Commission Meeting Agenda:

The Bear Lake County Planning & Zoning Commission will hold its regular scheduled meeting on Wednesday, May 18, 2011 at 7:00 pm at the Paris Elementary Board Room located at 39 S. Fielding St., Paris, Id..

Listed below is the agenda:

Discussion Items

1. Approval of agenda
2. Dawn Henry lot split
3. Zoning map review
4. Work Session
- septic tanks
- limited access highway
- domestic and ranch animals
5. Old Business
6. Approval of the minutes
7. Adjournment

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5/9/11 Commissioners Meeting Minutes:

The Board of Bear Lake County Commissioners met in regular session on Monday, May 9, 2011, beginning at 9:00 A.M. in the School District #33 Board Room in Paris, Idaho. Members present were Vaughn N. Rasmussen, Chairman, Montain D. Kunz, DeMar Romrell and Kerry Haddock, Clerk of the Board.
Brent Bunn, Sheriff, Lynn Lewis, Assessor, Tricia Poulsen, Treasurer, Bill Stock and Rosa Moosman also attended the meeting.

AGENDA
Fuel reduction in Bloomington was added and Fire Committee deleted from the agenda. Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the agenda as amended. Motion carried.

MINUTES APPROVED
Commissioner Romrell made a motion seconded by Commissioner Kunz to approve the Minutes of the April 11, 2011, regular meeting. Motion carried.

ELECTED OFFICIALS
Assessor Lynn Lewis discussed the Pictometry Program. Canyon County charges $3,000 per year for Cities to have access. He also informed the Commissioners that the blueprint and map printer and copier were brokedown. The machine was old and it was difficult to get parts. He presented quotes from two vendors for a new machine of approximately $9,000. The Commissioners approved buying a new machine. Sheriff Bunn presented his monthly report. He presented a summary of the bids received for the enhanced 911 system. He recommended using Clark Wireless. Commissioner Romrell made a motion seconded by Commissioner Kunz to accept the bid of Clark wireless. Motion carried. Caribou jail cost will be the same for next year.

JUDGE STATUS
Judge David Nye and Suzanne Johnson met with the Commissioners, joined via conference call by Cory Keller and Andrea Patterson from the Supreme Court, to discuss the status of the Magistrate Court. The Magistrate position continues to be covered by part-time senior Judge Lynn Brower as a temporary cost saving move. Judge Brower is moving out of the County and will commute to Bear Lake to handle his duties. Commissioner Rasmussen expressed some concern over losing a resident and a resident job from the County, but was satisfied with the coverage and effectiveness of the situation. They also discussed the possibility of establishing a Drug Court in Bear Lake. Several Bear Lake residents have been attending Drug Court in Caribou County.

SOUTHEAST DISTRICT HEALTH DEPARTMENT UPDATE
Jesse Anglesey, Leslie Talbot and Tiffany Preston presented the District Health quarterly report. There were 211 immunization clients and 566 WIC clients. There was only 1 septic permit issued, but several applications were picked up recently.

TAX DEED HEARING
Commissioner Romrell made a motion seconded by Commissioner Kunz to recess the regular meeting and convene in a tax deed hearing. Motion carried. Treasurer Tricia Poulsen presented 6 parcels belonging to 5 individuals that were scheduled to be tax deeded in June if 2007 taxes were not paid. No one was present to testify or protest. Commissioner Kunz made a motion seconded by Commissioner Romrell to close the hearing. Motion carried.

LID HEARINGS
Commissioner Romrell made a motion seconded by Commissioner Kunz to reconvene the May 3, 2011 Public Hearings on Skinner Canyon and South Liberty LID assessment rolls. (see separate minutes.) Motion carried. Following the Public Hearings Commissioner Romrell made a motion seconded by Commissioner Kunz to reconvene in regular session. Motion carried.

BEAR RIVER WATERSHED
Annette de Knijf, Bear Lake Wildlife Refuge, presented information on the proposed Bear River Watershed Conservation Area. The project involves acquiring conservation easements to maintain wildlife habitat and protect farm and ranch lands in the Bear River Watershed.
DEQ UPDATE
Bruce Olenick discussed the landfill status. He expressed the need for adequate daily cover and closure of the old landfill. He stated that we needed to enforce rules on covering loads. The Commissioners asked about concrete disposal. Mr. Olenick noted that it could be handled differently than household garbage. He will have his staff look into this and get back to us with additional information.

SUNDAY LIQUOR SALES
The Commissioners had a short discussion with Louis Pope regarding Sunday Liquor sales. The issue will again be put on the agenda in June when Mr. Crowson and also be present.

BILLS APPROVED
Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the current bills. Motion carried.

HAY BIDS
Bids were opened for the 2011 hay crop on Farm 2207 near Wardboro and Farm 2147 at the Airport.
Bids received were:

Farm 2207 Greg Skinner $150.00

Farm 2147 Hulme Ranch $16,532.98
Roy Bunderson $16,329.00

Commissioner Romrell made a motion seconded by Commissioner Kunz to accept the high bids of Skinner and Hulme Ranch. Motion carried.

HEALTH DEPARTMENT BUDGET
Maggie Mann presented the Southeastern Idaho District Health Department's 2012 proposed budget. The budget was down 12.6% due to State and contract decreases in funding. The requested amount from Counties was unchanged. The funding request from Bear Lake was up .3% to $52,076 due to a population increase. She noted that State funding to all Health Districts was down $2,000,000 from 2005.

ROAD AND BRIDGE REPORT
Greg Skinner noted that there was significant road damage occurring from spring runoff. Repairs could not start until after the runoff was over. Several Road and Bridge employees attended classes sponsored by LHTAC. Crews hauled gravel, bladed roads and assisted with flood control.

PUBLIC COMMENTS
Bill Stock again noted the lack of enforcement on Idaho roads of 4-wheelers and dirt bikes. Claudia Cottle reminded the Commissioners of the upcoming Bear Lake Watch shoreline conference.

EXECUTIVE SESSION
Commissioner Romrell made a motion seconded by Commissioner Kunz to convene in executive session per Idaho Code 67-2345(b, d, and f) to discuss indigent claims, legal and personnel issues. All Commissioners voted yes in a roll call vote.

Following the executive session Commissioner Kunz made a motion seconded by Commissioner Romrell to act on indigent claims as follows:

MEDICAL ASSISTANCE CLAIMS
#2010-32 - Approved - medically indigent, medically necessary, obligated County, emergency, last resource.
#2011-08 - Denied - didn't cooperate with County, not the last resource, not medically indigent.
#2011-09 - Approved - medically indigent, medically necessary, obligated County, emergency, last resource.
#2011-10 - Suspended - not the last resource - pending Medicaid
#2011-12 - Approved - medically indigent, medically necessary, obligated County, last resource, emergency service.
#2011-12 - Approved - medically indigent, medically necessary, obligated County, last resource.

MEADOW-ROW SUBDIVISION
Mitch Poulsen presented information on the Meadow-Row Subdivision. The Subdivision was for 6 lots in Liberty. The Planning and Zoning Commission recommended approving the preliminary plat with conditions. Commissioner Kunz made a motion seconded by Commissioner Romrell to approve the preliminary plat with conditions recommended by Planning and Zoning. Motion carried.

RS2477 ROADS
Bill Brower met with the Commissioners regarding the BLM road plan. He was concerned with some of the roads that the BLM might close. He asked the Commissioners to meet with the BLM before they make a semi final decision in late June. There was a general discussion of RS2477 Roads and the difficulty of defending them. There was a court case in Franklin County recently that the Commissioners wished to review.

FOREST SERVICE RESERVOIR PROJECT
Dennis Duehren and Greg Skinner met with the Commissioners to discuss the Montpelier Reservoir project. Quotes had been received for blasting and crushing. The quotes were high enough that they needed to be advertised for bid. This will be done for the next meeting. Mr. Duehren had asked for additional money to enhance the project.

RC & D
Commissioner Kunz gave an RC & D update. They were planning a hazardous fuel control program in Bloomington Canyon. The lack of Federal financial support for RC & D was a cause for serious concern.

CITY OF MONTPELIER
Mayor Reed Peterson met with the Commissioners to discuss City issues. He presented City Ordinances approving the Montpelier Impact Area and asked the Commissioners to add their approval. Commissioner Romrell made a motion seconded by Commissioner Kunz approve the Impact Area as adopted by the Montpelier City Council. Motion carried. The Mayor gave an update on the status of the City's progress in operating Allinger Park. There was also discussion regarding the burned building on Main Street.

LANDFILL CONCERN
Brad Wilks met with the Commissioners to discuss some concerns with inconsistencies in weights when he had cleaned up a Semi accident recently. He also requested that the landfill issue a scale ticket with each delivery. He needed better documentation for the insurance company. Todd Transtrum will look into a better scale ticket.

KELLER CONTRACT
The Commissioners signed a contract with Keller Engineering to help with updating the iWorQ Pavement Management Interface and assist in setting up the traffic counter along the Dingle Road.

CIRCUIT BREAKER APPROVAL
After reviewing the Circuit Breaker applications Commissioner Romrell made a motion seconded by Commissioner Kunz to approve and submit them to the State Tax Commission. Motion carried.

HIGHWAY 89 PUBLIC INFORMATION MEETING
The Commissioners set June 23, 2011 as the date for a project information meeting with the Idaho Transportation Department and Horrocks Engineers regarding the placement of turn lanes for North Beach Road, St. Charles Canyon and Fish Haven Canyon.

EXECUTIVE SESSION
Commissioner Romrell made a motion seconded by Commissioner Kunz to convene in and executive session per Idaho code 67-2345(c). All Commissioners voted yes in a roll call vote.

Meeting adjourned subject to recall by the Chairman or his order.

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5/9/11 Commissioners Meeting Notice:

9:00 A.M. ELECTED OFFICIALS MEETING/APPROVAL OF MINUTES

9:15 A.M. COMMITTEE ASSIGNMENTS

9:30 A.M. JUDGE NYE & SUZANNE JOHNSON - Magistrate Judge and Drug Court

9:45 A.M. JESSE ANGLESEY, LESLIE TALBOT, TIFFANY PRESTON - District Health Department Quarterly Report

10:00 A.M. TAX DEED HEARING - Treasurer

10:15 A.M. SKINNER AND SOUTH LIBERTY LID HEARINGS CONTINUATION

10:30 A.M. ANNETTE de KNIJF - Conservation Planning for Bear Lake Water Shed

10:45 A.M. BRUCE OLENICK - DEQ - 6 Month Review

11:00 A.M. TONY CROWSON - Sunday Liquor

11:15 A.M. HAY BID OPENING

11:30 A.M. MAGGIE MANN - Southeast Health Department Budget

11:45 A.M. " "

LUNCH EXECUTIVE SESSION - Medical Assistance Claims, Legal Issues, Personnel Issues

1:00 P.M. MITCH POULSEN - Planning and Zoning - Recommendation for Meadow-Row Preliminary Plat

1:15 P.M. BILL BROWER & JOHN TIPPETS - Update on BLM and RS2477 Roads

1:30 P.M. DENNIS DUEHREN & GREG SKINNER - Reservoir Project

1:45 P.M. GREG SKINNER - Summer Road Projects

2:00 P.M. MONTPELIER MAYOR REED PETERSON - Montpelier Impact Area, Allinger Park Update, Burned Building

2:15 P.M. CRAIG BUNN, Fire Committee - Fire District

2:30 P.M. BRAD WILKS - Garbage/Landfill Fees

2:45 P.M.

3:00 P.M.

UNFINISHED BUSINESS
Road & Bridge Issues/Solid Waste Issues

Solid Waste Ordinance

Review 911 Bids

Keller Contract

Burned Montpelier Building

NEW BUSINESS
Approve March Bills/Minutes

Road & Bridge/Solid Waste Issues

Executive Session - Medical Assistance Claims

Highway 89 Project

Circuit Breaker Approval

Printer/Plotter
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5/3/11 Special Commissioners Meeting:

The Board of Bear Lake County Commissioners met in special session beginning at 6:00 P.M. on Tuesday, May 3, 2011 to hold public hearings on the Skinner Canyon and South Liberty Irrigation Companies' Local Improvement Districts. The hearing was to consider the engineer's report and the assessment roll and to hear all objections to the assessment roll by the property owners. Members of the Commission present were Vaughn N. Rasmussen, Chairman, Montain D. Kunz, DeMar Romrell and Kerry Haddock, Clerk of the Board.

SKINNER CANYON LID
Attending the hearing was Lisa Transtrum, JoAnn Taylor and others: Jan F. Kucera, Bob Sparks, Phillip Bartschi, and Paul Alleman. Meeting was called to order at 6:00 P.M. and public notice was read. Lisa Transtrum read a letter that was sent to the members of the Irrigation Company. She also presented the assessment roll and noted that there needed to be some small corrections prior to final approval. Lisa and JoAnn answered questions about the project. Commissioner Romrell made a motion seconded by Commissioner Kunz to continue the hearing until May 9th to make corrections to the assessment roll. Motion carried. Meeing was reconvened on May 9th. Lisa and JoAnn presented the corrected assessment roll. Commissioner Romrell made a motion seconded by Commissioner Kunz to close the public hearing. Motion carried.

SOUTH LIBERTY LID
Attending the hearing was Lisa Transtrum, JoAnn Taylor and others: Mark Parker, Joan Passey, Brit Robinson, JL Robinson, Mirl B. Hymas, Paul Johnson, Marla Johnson, Dylan Johnson, Rick Roberts, Traci Roberts, Scott Hymas, James Hardcastle, L. Junior Wallentine, M. Wayne Beck, Blake Hymas, and Samuel B. Hymas. Meeting was called to order at 7:00 P.M. and public notice was read. Lisa Transtrum read the letter that was sent to the members of the Irrigation Company. She also presented the assessment roll and noted that there needed to be some small corrections prior to final approval. Lisa and JoAnn answered questions about the project. Commissioner Romrell made a motion seconded by Commissioner Kunz to continue the hearing until May 9th to make corrections to the assessment roll. Motion carried. Meeting was reconvened on May 9th. Lisa and JoAnn presented the corrected assessment roll. Commissioner Romrell made a motion seconded by Commissioner Kunz to close the public hearing. Motion carried.

ORDINANCES #2011-02 AND #2011-03
The Board reconvened in regular session and Commissioner Kunz made a motion seconded by Commissioner Romrell to adopt Ordinances #2011-02 and #2011-03, approving and confirming the Assessment Rolls of the two Local Improvement Districts. Motion carried.

ORDINANCE NO. 2011-2

AN ORDINANCE OF BEAR LAKE COUNTY, IDAHO, APPROVING AND CONFIRMING THE ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 2010-1; LEVYING ASSESSMENTS AGAINST THE PROPERTY SHOWN ON THE ASSESSMENT ROLL; PROVIDING FOR THE PAYMENT OF ASSESSMENTS IN INSTALLMENTS; PROVIDING FOR OTHER MATTERS RELATING TO THE CONFIRMATION OF LOCAL IMPROVEMENT DISTRICT ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Bear Lake County, Idaho (the "County"), is a corporation of the State of Idaho and is authorized by Chapter 17, Title 50, Idaho Code, to create local improvement districts within the County, to make improvements, and to levy the cost of the same against the lots and parcels of land included therein; and

WHEREAS, the County, by Ordinance No. 2010-3, adopted by the Board of County Commissioners ("Board") on March 9, 2010, duly created Local Improvement District No. 2010-1 ("L.I.D. No. 2010-1") for the purpose of construction and installation of Irrigation improvements; and

WHEREAS, said improvements have been constructed and installed, and, in accordance with the provisions of Section 50-1712, Idaho Code, the Board has received a duly certified Engineer's Report showing in detail the total cost and expenses of L.I.D. No. 2010-1 and the amounts payable from assessments, and containing a preliminary assessment roll; and

WHEREAS, notice of time and place of hearing on the final assessment roll was duly and regularly given by publication thereof and by mailing to all owners of property subject to assessment within L.I.D. No. 2010-1 within the time and in the manner required by law, and the hearing was duly and regularly held, pursuant to such notice, at the time and place fixed for said hearing, on May 3, 2011; and

WHEREAS, at said hearing the Board considered all protests and objections to the assessment roll and all evidence presented, and the Board now desires to confirm the assessment roll, to provide for the levy and collection of assessments, and to provide for the payment of assessments in installments.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BEAR LAKE COUNTY, IDAHO, as follows:

Section 1: FINDINGS

The Board hereby finds and determines that each lot, tract, parcel, and other property included within L.I.D. No. 2010-1 will be specially benefited by the improvements within L.I.D. No. 2010-1, as specified in the Resolution of Intention heretofore adopted and by the ordinance creating L.I.D. No. 2010-1, the same being Ordinance No. 2010-3, adopted on March 9, 2010.

Section 2: CONFIRMATION OF ASSESSMENT ROLL

The Assessment Roll and the assessments contained therein, for L.I.D. No. 2010-1, a copy of which Assessment Roll as finally approved by the Board is annexed hereto as Exhibit "A" and by reference made a part hereof, are hereby approved and confirmed in all respects. No single assessment has been increased in an amount greater than twenty percent (20%) of the amount of the assessment as set forth in the Notice of Hearing.

Section 3: PROPERTY AFFECTED; LEVY OF ASSESSMENTS

Except to the extent reflected in the final Assessment Roll, as adopted by this Ordinance, all protests against the Assessment Roll are hereby overruled. Each lot, tract, parcel, or other property shown upon said Assessment Roll is hereby found to be benefited to the amount of the assessment levied thereon; and there is hereby levied and assessed against each lot, tract, parcel of land, and other property, as set forth and described in said Assessment Roll, the amount set forth against each such lot, tract, parcel of land, and other property as it appears on said Assessment Roll.

Section 4: CERTIFICATION OF ASSESSMENT ROLL;
LIEN OF ASSESSMENTS

Immediately upon the passage of this Ordinance, the County Clerk shall certify and file the conformed Assessment Roll with the County Treasurer and shall file with the Recorder of Bear Lake County, Idaho, a notice which shall contain the date of adoption of this Ordinance and a description of the boundaries of L.I.D. No. 2010-1. The Assessment Roll and the assessments made by this Ordinance shall be a lien upon the property assessed from and after the date of recording of such notice. The County Treasurer shall also, immediately upon passage of this Ordinance, mail a postcard or letter to each property owner assessed at his or her post office address, if known, or, if unknown, to the post office at Montpelier, Idaho, stating the total amount of his or her assessment plus the substance of the terms of payment of the same as set forth in this Ordinance. An affidavit of mailing the foregoing notice shall be filed in the office of the County Treasurer.

Section 5: DUE DATE OF ASSESSMENTS; PAYMENT
IN INSTALLMENTS

Said assessments shall become due and payable to the County Treasurer within thirty (30) days from the date of adoption of this Ordinance. Any property owner who has not paid his or her assessment in full within said thirty (30) day period shall be conclusively presumed to have chosen to pay the same in twenty five (25) annual installments, the first of which shall become due and payable one (1) year from the date of adoption of this Ordinance, with a like payment due on the same day of each year thereafter until the full amount of the assessment, with interest due thereon, shall be paid in full. Assessments paid in installments shall bear interest on the whole unpaid sum from the date of adoption of this Ordinance. The rate of interest such installments shall bear is hereby fixed as the rate of interest on the L.I.D. No. 2010-1 Bonds. If any installment is not paid within twenty (20) days from its due date, the same shall become delinquent, and the County Treasurer shall ad a penalty of two percent (2%) thereon. Installments may be prepaid in the manner provided by Section 50-1715, Idaho Code.

Section 6: INSTALLMENT DOCKET

The County Treasurer shall, upon passage of this Ordinance, establish a Local Improvement Installment Docket for L.I.D. No. 2010-1 as provided in Section 50-1717, Idaho Code.

Section 7: APPEAL PROCEDURE

The confirmation of the Assessment Roll for L.I.D. No. 2010-1 herein made is a final determination of the regularity, validity, and correctness of said Assessment Roll, of each assessment contained therein, and of the amount levied on each lot or parcel of land or other property within L.I.D. No. 2010-1, subject to the right of appeal as set forth in Idaho Code Section 50-1718. Appeal may be made by filing within thirty (30) days from the date of publication of this Ordinance written notice of appeal with the County Clerk and with the Clerk of the District Court of Bear Lake County in the manner provided by Section 50-1718, Idaho Code. After said thirty (30) day appeal period has run, no one shall have any cause or right of action to contest the legality, formality, or regularity of any assessment.

Section 8: RATIFICATION OF PROCEEDINGS

All proceedings heretofore had in connection with the creation of L.I.D. No. 2010-1, the preparation and adoption of said Assessment Roll, the hearing thereon, and the giving of notice of said hearing on said Assessment Roll, are hereby in all respects ratified, approved, and confirmed.

Section 9: SEVERABILITY

If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of each section, paragraph, clause, or provision shall in no manner affect any remaining provision of this Ordinance.

Section 10: PUBLICATION AND EFFECTIVE DATE

This Ordinance, or a summary thereof, shall be published in one (1) issue of the official newspaper of the County, and shall take effect immediately upon its passage, approval, and publication.

DATED this 9th day of May, 2011.

ORDINANCE NO. 2011-3

AN ORDINANCE OF BEAR LAKE COUNTY, IDAHO, APPROVING AND CONFIRMING THE ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 2010-2; LEVYING ASSESSMENTS AGAINST THE PROPERTY SHOWN ON THE ASSESSMENT ROLL; PROVIDING FOR THE PAYMENT OF ASSESSMENTS IN INSTALLMENTS; PROVIDING FOR OTHER MATTERS RELATING TO THE CONFIRMATION OF LOCAL IMPROVEMENT DISTRICT ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, Bear Lake County, Idaho (the "County"), is a corporation of the State of Idaho and is authorized by Chapter 17, Title 50, Idaho Code, to create local improvement districts within the County, to make improvements, and to levy the cost of the same against the lots and parcels of land included therein; and

WHEREAS, the County, by Ordinance No. 2010-2, adopted by the Board of County Commissioners ("Board") on March 9, 2010, duly created Local Improvement District No. 2010-2 ("L.I.D. No. 2010-2") for the purpose of construction and installation of Irrigation improvements; and

WHEREAS, said improvements have been constructed and installed, and, in accordance with the provisions of Section 50-1712, Idaho Code, the Board has received a duly certified Engineer's Report showing in detail the total cost and expenses of L.I.D. No. 2010-2 and the amounts payable from assessments, and containing a preliminary assessment roll; and

WHEREAS, notice of time and place of hearing on the final assessment roll was duly and regularly given by publication thereof and by mailing to all owners of property subject to assessment within L.I.D. No. 2010-2 within the time and in the manner required by law, and the hearing was duly and regularly held, pursuant to such notice, at the time and place fixed for said hearing, on May 3, 2011; and

WHEREAS, at said hearing the Board considered all protests and objections to the assessment roll and all evidence presented, and the Board now desires to confirm the assessment roll, to provide for the levy and collection of assessments, and to provide for the payment of assessments in installments.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BEAR LAKE COUNTY, IDAHO, as follows:

Section 1: FINDINGS

The Board hereby finds and determines that each lot, tract, parcel, and other property included within L.I.D. No. 2010-2 will be specially benefited by the improvements within L.I.D. No. 2010-2, as specified in the Resolution of Intention heretofore adopted and by the ordinance creating L.I.D. No. 2010-2, the same being Ordinance No. 2010-2, adopted on March 9, 2010.

Section 2: CONFIRMATION OF ASSESSMENT ROLL

The Assessment Roll and the assessments contained therein, for L.I.D. No. 2010-2, a copy of which Assessment Roll as finally approved by the Board is annexed hereto as Exhibit "A" and by reference made a part hereof, are hereby approved and confirmed in all respects. No single assessment has been increased in an amount greater than twenty percent (20%) of the amount of the assessment as set forth in the Notice of Hearing.

Section 3: PROPERTY AFFECTED; LEVY OF ASSESSMENTS

Except to the extent reflected in the final Assessment Roll, as adopted by this Ordinance, all protests against the Assessment Roll are hereby overruled. Each lot, tract, parcel, or other property shown upon said Assessment Roll is hereby found to be benefited to the amount of the assessment levied thereon; and there is hereby levied and assessed against each lot, tract, parcel of land, and other property, as set forth and described in said Assessment Roll, the amount set forth against each such lot, tract, parcel of land, and other property as it appears on said Assessment Roll.

Section 4: CERTIFICATION OF ASSESSMENT ROLL;
LIEN OF ASSESSMENTS

Immediately upon the passage of this Ordinance, the County Clerk shall certify and file the conformed Assessment Roll with the County Treasurer and shall file with the Recorder of Bear Lake County, Idaho, a notice which shall contain the date of adoption of this Ordinance and a description of the boundaries of L.I.D. No. 2010-2. The Assessment Roll and the assessments made by this Ordinance shall be a lien upon the property assessed from and after the date of recording of such notice. The County Treasurer shall also, immediately upon passage of this Ordinance, mail a postcard or letter to each property owner assessed at his or her post office address, if known, or, if unknown, to the post office at Montpelier, Idaho, stating the total amount of his or her assessment plus the substance of the terms of payment of the same as set forth in this Ordinance. An affidavit of mailing the foregoing notice shall be filed in the office of the County Treasurer.

Section 5: DUE DATE OF ASSESSMENTS; PAYMENT
IN INSTALLMENTS

Said assessments shall become due and payable to the County Treasurer within thirty (30) days from the date of adoption of this Ordinance. Any property owner who has not paid his or her assessment in full within said thirty (30) day period shall be conclusively presumed to have chosen to pay the same in twenty five (25) annual installments, the first of which shall become due and payable one (1) year from the date of adoption of this Ordinance, with a like payment due on the same day of each year thereafter until the full amount of the assessment, with interest due thereon, shall be paid in full. Assessments paid in installments shall bear interest on the whole unpaid sum from the date of adoption of this Ordinance. The rate of interest such installments shall bear is hereby fixed as the rate of interest on the L.I.D. No. 2010-2 Bonds. If any installment is not paid within twenty (20) days from its due date, the same shall become delinquent, and the County Treasurer shall ad a penalty of two percent (2%) thereon. Installments may be prepaid in the manner provided by Section 50-1715, Idaho Code.

Section 6: INSTALLMENT DOCKET

The County Treasurer shall, upon passage of this Ordinance, establish a Local Improvement Installment Docket for L.I.D. No. 2010-2 as provided in Section 50-1717, Idaho Code.

Section 7: APPEAL PROCEDURE

The confirmation of the Assessment Roll for L.I.D. No. 2010-2 herein made is a final determination of the regularity, validity, and correctness of said Assessment Roll, of each assessment contained therein, and of the amount levied on each lot or parcel of land or other property within L.I.D. No. 2010-2, subject to the right of appeal as set forth in Idaho Code Section 50-1718. Appeal may be made by filing within thirty (30) days from the date of publication of this Ordinance written notice of appeal with the County Clerk and with the Clerk of the District Court of Bear Lake County in the manner provided by Section 50-1718, Idaho Code. After said thirty (30) day appeal period has run, no one shall have any cause or right of action to contest the legality, formality, or regularity of any assessment.

Section 8: RATIFICATION OF PROCEEDINGS

All proceedings heretofore had in connection with the creation of L.I.D. No. 2010-2, the preparation and adoption of said Assessment Roll, the hearing thereon, and the giving of notice of said hearing on said Assessment Roll, are hereby in all respects ratified, approved, and confirmed.

Section 9: SEVERABILITY

If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of each section, paragraph, clause, or provision shall in no manner affect any remaining provision of this Ordinance.

Section 10: PUBLICATION AND EFFECTIVE DATE

This Ordinance, or a summary thereof, shall be published in one (1) issue of the official newspaper of the County, and shall take effect immediately upon its passage, approval, and publication.

DATED this 9th day of May, 2011.

Meeting adjourned.

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