PRIEST LAKE TRANSLATOR DISTRICT BY-LAWS AND POLICIES

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1 PRIEST LAKE TRANSLATOR DISTRICT BY-LAWS AND POLICIES * * * * In order to provide television to residents and recreation homes and businesses in the Priest Lake area of Idaho, a group of community minded citizens have organized a translator district to rebroadcast the television signals from Spokane, Washington. The following by-laws and policy statements are the guidelines for operations and supersede any and all procedural decisions made prior to adoption of this document by the Board of Trustees of the Priest Lake Translator District. I. ORGANIZATION The Priest Lake Translator District was organized under the provisions of the Idaho Code, Title 31, Chapter 41, by an order of the Bonner County Commissioners dated December 29, Operations and maintenance of the organization will be conducted in accordance with the related rules in the Idaho Code. II. BOUNDARIES The boundaries of the District are as follows: All of the Priest Lake area from a line five miles south of Coolin to a line just north of the Thoroughfare and from a line west of State Highway #57 to a line along the mountains on the east side of Priest Lake. The following would be included in the District: T59 N, Ranges 5W and 4W, Sections 1 through 36; T60 N, Ranges 5W and 4W, Sections 1 through 36; T61 N, Ranges 5W and 4W, Sections 1 through 36; T62 N, Ranges 5W and 4W, Sections 1 through 36. III. BOARD OF TRUSTEES The Board of Trustees for the District consists of not less than five (5) nor more than nine (9) members who are Idaho state residents, and are approved by the Bonner County Commissioners. The term of office is for three years, except that the initial order provided that three members term of office would expire at the end of one year, three members term of office would expire at the end of the second year, and three additional members' term of office would expire at the end of the third year. 1

2 IV. OFFICERS OF THE BOARD Officers of the Board of Trustees shall include a Chairman, Vice Chairman and Treasurer. Paid assistants (i.e. secretary/bookkeeper) to the officers may be hired as required, and as authorized by majority vote. V. COMPENSATION No member of the Board of Trustees may be paid any compensation for the performance of their duties as Board members. However, they may be reimbursed for reasonable expenses incurred in the operation of the District (Idaho Code). Individual expenses shall be limited to $50.00 each, but may be exceeded by permission of three (3) Trustees and be made a matter of record. Mileage allowance will be based on the current per mile limit allowed by the IRS. Approvals may be made by telephone. VI. MEETINGS OF THE BOARD All meetings of the Board of Trustees shall be open to the public. Regular quarterly meetings shall be held at the Outlet Bay Sewer District building at 4:00 p.m. on the second Monday of January, April, July and October. Any change of the appointed time and place for regular meetings or holding of a special meeting shall require a public notice to be placed in the Priest River Times. Notice of special meetings will be posted 24 hours in advance at the Outlet Bay Sewer District Building. VII. ESTABLISHMENT OF A QUORUM Transaction of business requires a simple majority vote of Trustees present, but not less than three favorable votes. Urgent business of the District NOT related to the establishment of District policy, can be authorized by telephonic approval of a majority of Trustees present within the physical confines of the District, but not less than three favorable votes. When action is taken through such telephone approval, such action shall be confirmed at the next regularly scheduled meeting and names of approving Trustees be made a matter of record. Changes to District By-Laws or Policy shall require approval of the majority of the Board of Trustees and names of approving Trustees be made a matter of record. 2

3 VIII. STANDING COMMITTEES Standing committees are established by the Board of Trustees, and members will be appointed by the Chairman. IX. MAINTENANCE AND OPERATIONS The Board is responsible for preparing plans, programs and budget requirements essential for insuring District compliance with FCC regulations and maintaining consistent high quality Translator operation. They are responsible for supervising maintenance and operations activities and keeping such logs and records as required by FCC and sound administration of these activities. 3

4 POLICIES I. FINANCIAL PLAN The Treasurer shall by September 1st of each year, prepare a financial plan for the following year, based on best estimates of tax receipts and expected expenses, and submit the plan to the Board of Trustees for approval and adoption. Whenever circumstances indicate a significant change in receipts or expenditures, the Treasurer shall prepare a revised Financial Plan and submit it to the Board of Trustees for their approval. It is the intent of the Board of Trustees that the Financial Plan shall give first priority to quality operation and maintenance of the translator equipment and protection of the investment in capital equipment. The budget will be presented to the Bonner County Commissioners as per Idaho statute II. TAX EXEMPTION The Idaho Code requires the District to grant tax exemptions to those property owners who (1) already receive direct signals from the Spokane stations, or (2) who cannot receive the translator signal. The Board of Trustees, in amplification of these requirements, establishes the following policy: A. Requests for exemption must be submitted on the approved form supplied by the translator District, must contain a complete legal description (including the tax number) of the property concerned, must be properly signed by the property owner. Requests for exemption must be sub mitted to the Translator District not later than December 31 of the year for which exemption is requested. B. Requests for exemption can be based on any of the following factors: 1. If signals are received direct from the Spokane stations. 2. If translator signals cannot be received by the service unit equipped with the appropriate antenna. 3. Property not having a service unit will be exempt. C. Exemptions will be granted for 3 years, after which a new affidavit for exemption must be submitted. 4

5 III. IV. D. Tax exemptions, once granted, may be revoked at any time upon submission of evidence that the exemption was fraudulently obtained or that the property owner is in fact using the trans lator signal. E. Taxes levied in error on the part' of the District may be refunded directly to the property owner by the District upon submission of evidence that the taxes were paid and that the taxes were levied in error. Such cases shall be submitted to the Board of Trustees for approval prior to refund payment to the property owner. MULTIPLE DWELLINGS The Idaho Code provides that hotels, motels, apartments, etc., shall be assessed a sum not to exceed $15.00 per annum for the first service unit, and not more than 20% ($3.00) for each additional unit. The Board of Trustees establishes the policy that condominiums, trailer courts, and similar type units shall come under the provisions of this section of the Idaho Code. It is further the policy of the Board that such units shall be billed directly at the rate of $3.00 per additional unit above the basic unit which is paid for on the tax levy. RESIDENTS OF GOVERNMENT HOUSING Residents of government owned housing do not appear on the County tax rolls and are therefore not subject to the District levy. In such cases the Committee on Policy and Tax Exemptions shall survey the areas concerned and if it is determined the residents of such housing are using the translator signal, they shall be billed directly for the service. Payment shall be voluntary. V. REIMBURSEMENT FOR EXPENSES Board members are entitled to reimbursement for reasonable expenses incurred by them in the performance of their official duties. Such expenses will be approved for payment provided the member submits a list of the expenses incurred to the Treasurer. Expenses are limited to "out of pocket" expenses for materials, phone calls, postage, etc. Individual expenses shall be limited to $50.00 each, but may be exceeded by permission of three (3) Trustees and be made a matter of record. Mileage allowance will be based on the current per mile limit allowed by the IRS for travel performed exclusively on District business. 5

6 VI. PAYMENT FOR REGULAR EQUIPMENT REPAIR AND MAINTENANCE Board members may submit bids on contracts providing for regular repair and maintenance of translator equipment. In compliance with IC A, the following four criteria must be followed. A. The contract is competitively bid and the public servant or his relative submits the low bid B. The public servant does not take any part in the preparation of the contract or bid specifications, and takes no part in voting on or approving the contract or bid specifications. C. The public servant makes full disclosure, in writing, to all members of the governing body, council or board of said public body of his interest to bid on the contract. D. The public servant has not violated any provision of Idaho Law pertaining to competitive bidding or improper solicitation of business. 6