Ordinance - 2009 - 627 - Amending Title 2/Eagle Arts Commission - 06/23/2009
ORDINANCE NO. 627
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE
CITY CODE TITLE 2 "EAGLE ARTS COMMISSION", CHAPTER 6, SECTION 1
"COMMISSION CREATED"; SECTION 2 "TERM OF OFFICE AND VACANCIES";
SECTION 3 "ORGANIZATION"; SECTION 4 "DUTIES AND RESPONSIBILITIES";
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State ofIdaho; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending Title 2
"Eagle Arts Commission"; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 2 "Eagle Arts Commission", Section 1 "Commission Created" be and is
hereby amended, in part, with the underlined text added and the strikethrough text deleted to read
as follows:
2-6-1: COMMISSION CREATED:
There is hereby created a Ceity of Eagle arts commission, which commission shall be known and
designated as the Eagle Aarts Ceommission. (Ord. 380, 4-24-2001). The Eagle Arts
Commission shall consist of five (5) members who shall be appointed by the Mayor. Members
shall serve without compensation and shall serve solely in an advisory role under the authority of
the Mayor and City Council.
Section 2: That Title 2 "Eagle Arts Commission", Section 2 "Terms of Office and Vacancies"
be and is hereby amended, in part, with the underlined text added and the strikethrough text
deleted to read as follows:
2-6-2: TERM OF OFFICE AND VACANCIES:
The Eagle Aarts Ceommission shall consist of five (5) members. Each commission member
shall be appointed by the Mmayor subiect to approval and confirmation by the City Council.
Each commission member shall make every effort to avoid any conflict of interest. To that end.
viith the confirmation of the city council. Nno_-organization, which is-may be a potential
recipient of city arts funding, shall have on its board or staff on the commission more than one
person individual who is also presently serving as a member ofthe Eagle Arts Commissionwhe
serves on its board or staff.
In addition, no While serving on the Eagle arts feommission. no -member may participate in a
vote or decision on any matter affecting a person. entity. or property in which that member has
an interest. including situations where the commission member is reasonably likely to receive a
direct economic effect or consequence. as a result of the vote or decision in question. This
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includes. but is not limited to a commission member's own business or corporate interests. and
those business or corporate interests of their immediate family. Where the interest of a
commission member in the subiect matter is remote or incidental. the member may participate in
the vote or decision. Otherwise. the commission member shall disqualify them self from any
action or determination on the subiect matter in question.may take 'loting action that financially
benefits themselves, members of their immediate family or their business and corporate
affiliates.
A-Commissioners may be removed by the mayor \vith the appro','al of the city council. Upon the
appointment as herein provided, the members of the commission shall meet and dra'N lots for the
terms of office '.vhich shall be as near as possible for an equal number of terms for t'.\"o (2) and
three (3) years, and thereafter, at the expiration of any terms of office, Appointment to such
office shall be for the period of three (3) years. All-All members shall be eligible for
reappointment. If a vacancy shall occur during any unexpired term, the Mmayor, with
confirmation of the City Ceouncil, shall appoint an individual member to serve out fuF-the
balance of such unexpired term. (Ord. 584, 10-2-2007)
All members of the Eagle Arts Commission serve in a voluntary capacity. As such. they are
subiect to removal by the Mayor with the approval of the City Council.
Section 3: That Title 2 "Eagle Arts Commission", Section 3 "Organization" be and is hereby
amended, in part, with the underlined text added and the strikethrough text deleted to read as
follows:
2-6-3: ORGANIZATION:
A._ Chainnapersorm: The Eagle Aarts Ceommission shall meet and appoint one of its members
to serve as chairpersol1H:laH of the commission. The individual appointed to serve as.,.whe
shallchair. shall hold the office for one year,.. At the same time a chairperson is appointed.
and the commission members shall also elect from their numbers for the same one year term
a-~ vice chairpersol1H:laH. The vice chair shall serve during the same one year term as the
chair.- The vice chairwhe shall act as commission chairpersol1H:laH only when ffi-the absence
ef..the-chaillHafl-_ofthe commission is absent. The authority of both the chairperson and vice
chairperson shall be limited to those enumerated in this chapter.
B._Clerk Of Commission: The Eagle Aarts Ceommission shall also designate one of its
members a clerk. The clerk.,.whe shall serve for a period of one year. The clerk shall keep
an accurate record of all proceedings of saidsaitl commission.
C. Authority: As the commission is solely a recommending body. its authority is limited. The
commission shall only have the power to make whatever rules are necessary for the
execution of its duties as set forth in this chapter. The Eagle Arts Commission shall have no
authority over the Arts Commission Coordinator whose employment and performance is
monitored by the City Clerk.
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DG._Meetings: All meetings of the commission shall be open to the public, and shall follow
the requirements of Idaho's Oepen Mmeetings IJaw. In order to transact any commission
business at a meeting. aA quorum of committee members is required to be present. A
quorum is constituted by the presence of a majority of presently appointed commission-the
members of the commission:. shall be neeessary to constitute a quorum for the transaction of
business. T -The commission shall hold meetings each month for at least nine (9)-) of the
twelve (12) months of the year. The commission shall also hold meetings .,.aad--at such other
times as may be called by the commission chairpersol1H:laH~ ef-by-the Mmayor or Ceity
Ceouncil.
gl},_Records Kept: The commission shall keep accurate minutes and other appropriate written
records of its resolutions, proceedings and actions. Upon their approval. all records and
minutes shall be -allEl-submitted such minutes and records to the Ceity Celerk upon their
appro'lal.
EK.Compensation: The members of the Eagle Aarts Ceommission shall serve and act without
compensation, except that their actual and necessary expenses shall be allowed by the
CeouncilJ --aH4-the Ceity shall provide to the commission the necessary and suitable
equipment and supplies to enable the commission to properly transact and perform its
essential business,
GF._Bylaws: The transaction of business and the internal affairs ofthe Eagle Aarts
Ceommission shall be governed by the bylaws of the Eagle Aarts Ceommission. The initial
bylaws shall be approved by resolution of the council along with this chapter, and shall
thereafter be amended by a two-thirds (2/3) vote of the members of the commission an4-with
final approvalee by the Ceouncil. At anytime. the Council may,--ef returnee specific bylaws
to the commission for amendment. (Ord. 380,4-24-2001). Rules of procedure and bylaws
adopted by the commission shall be available for public inspection. Rules of procedure and
bylaws are not binding on any other body.
Section 4: That Title 2 "Eagle Arts Commission", Section 4 "Duties and Responsibilities" be
and is hereby amended, in part, with the underlined text added and the strikethrough text deleted
to read as follows:
2-6-4: DUTIES AND RESPONSIBILITIES:
As the commission is solely a recommending body. its authority is limited. The commission shall
only have the authority to execute its duties as enumerated in this chapter. The Eagle Aarts
Ceommission shall serve in an advisory capacity to the Mayor and City Council -and is
established:
A._To advise the Ceity Ceouncil on ways in which city government might best serve the public
with regard to matters involving the arts.
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B._To encourage and aid the appreciation and awareness of, participation in, and preservation of
the arts among all citizens of the Ceity of Eagle,
C._To encourage cooperation and coordination among individuals, organizations and institutions
concerned with the arts in the city of Eagle.
D._To promote and expand the cultural resources of Eagle, thereby facilitating employment and
opportunity for artists and the development of self sustaining arts programs,
E._To formulate in cooperation with other city agencies a long range plan for the development
of a thriving cultural climate in the city of Eagle,
F,_To initiate, sponsor, conduct or support, alone or in cooperation with other public or private
agencies, public programs concerning ffi-the arts,
G._To advise the city council as to the availability and adequacy of facilities and space utilized
for the presentation of cultural activities.
H._To review and advise the City Councilor Arts Commission Coordinator on the aesthetic
aspects of all--works of art or designs or public monuments under consideration to be
accepted or commissioned by the city of Eagle.
I._To prepare and submit budgetary recommendations to the Ceity Ceouncil for annual
expenditures necessary to the continuation and development of public programs furthering
the arts. The participation of the commission is purely advisory to the Eagle City Council.
J._To review funding requests and recommend to the Ceity Ceouncil the allocation of public
monies to artistic and cultural organizations, individual artists and community programs.
However. the Commission cannot enter into any contracts. hire employees. or in any way
bind the City of Eagle to any contract or action.
K.To seek out and encourage contributions and grants to the arts from private and public SOl.:lfces
and to advise and reeoffimend to the city council on the allocation of such monies appropriated
and/or granted and donated for such purposes. (Ord. 380, 1 21 2001)
K. Cooperate with and provide recommendations to the Arts Commission Coordinator
concerning the promotion and expansion of the development of the various arts in the City.
The Arts Commission Coordinator. as an employee of the City of Eagle. is supervised by the
City Clerk. As such. the Arts Commission Coordinator reports directly to the City Clerk.
The Arts Committee Coordinator is not subordinate to the Eagle Arts Commission. The
Eagle Arts Commission shall participate in the planning processes undertaken by the Arts
Commission Coordinator. The Committee may also make recommendations to the Arts
Commission Coordinator: however. their involvement is purely advisory.
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L. To seek out and encourage contributions and grants to the arts from private and public
sources and to advise and recommend to the City Council on the allocation of such monies
appropriated andl or granted and! or donated for such purposes. (Ord. 380. 4-24-2001).
Section 5: If any provision in this Ordinance shall be declared by any court of competent
jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed
separable from the remaining provisions in this Ordinance and shall in no way affect the validity
of the other provisions of this Ordinance or Eagle City Code,
Section 6: All prior ordinances or parts thereof, to the extent inconsistent herewith, are
hereby repealed and shall, to the extent of such inconsistency, have no further force or effect.
Section 7: This Ordinance, or a summary thereof in compliance with Section 50-901A,
Idaho Code, shall be published once in the official newspaper of the City, and shall take effect
immediately upon its passage, approval, and publication,
d'2~
Adopted by the Eagle City Council, Eagle, Idaho, on this .,;; day of June, 2009.
CITY OF EAGLE, IDAHO
Ada County, Idaho
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Mayor
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ATTEST:
JL(]J:d ~
SharonT"Bergmann
City Clerk! Treasurer
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LEGAL ADVERTISING PROOF OF PUBLICATION
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Frank Thomason, being duly swom, deposes
and says: That he is the Principal Clerk of
Valley Times, a weekly newspaper published at
Ie, Ada County, State of Idaho; that the said
/Spaper is in general circulation in the said
unty of Ada, and in the vicinity of Meridian,
, and Eagle, and has been uninterruptedly
published in said County during a period of
'lty-eight consecutive weeks prior to the first
~n of this notice. a copy of which is attached
hereto, and that the notice was published in
W Times, in conformity with Section 60-108,
-1daho Code. as amended, for -L- time(s)
~ regular and entire issue of said paper, and
rinted in the newspaper proper. and not in a
plement; and that said notice was published
" J........ on the following.pates:
aeginning _ \.k~ 7Jt I LeX> '1
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Ending J \..(~ "Lq) -u;o,
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STATE OF IDAHO)
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~COUNTY OF ADA)
ft day of in the year of 200'
re me, a Nota ublic, personally appeareo
. known or identified to me to be the person
name is subscribed to the within instrument,
ing by me duly sworn, declared that the
rein are t acknowledged to me that
he executed the same.
Notary Public for Idaho
V Residin7 at Boise, 10
My Commission expires: ~ J. 7/11