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Ordinance - 2020 - 833 - Appointing Of Urban Renewal Commissioners - 07/14/2020ORDINANCE NO. 833 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING ORDINANCE NUMBER 805 APPOINTING OF THE BOARD OF COMMISSIONERS OF THE EAGLE URBAN RENEWAL AGENCY TO CHANGE COMPOSITION OF MEMBERSHIP, PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION BY SUMMARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code §50-2001 et seq., the City of Eagle adopted Resolution No. 06-50, dated October 10, 2006, making the findings necessary to empower the Eagle Urban Renewal Agency (the "Agency"); and WHEREAS, pursuant to Idaho Code §50-2006 and Resolution No. 06-50, the City appointed a Board of Commissioners (the "Board") of the Agency to transact the business and exercise the powers established by Idaho Code §50-2001 et seq.; and WHEREAS, on February 14, 2012, the Mayor and City Council of the City of Eagle passed and approved Ordinance No. 669, terminating the appointment of the then -existing Board and appointing themselves as the commissioners of such Board; and WHEREAS, on October 13, 2015, the Mayor and City Council of the City of Eagle passed and approved Ordinance No. 745, appointing the Mayor and City Council of the City of Eagle as the Board of Commissioners of the Eagle Urban Renewal Agency to clarify appointment and vacancy procedures and to make technical corrections; and WHEREAS, on June 13, 2017, the Mayor and City Council of the City of Eagle passed and approved Ordinance 778, to establish that the agency shall consist of five (5) Commissioners consisting of two (2) City Council Members or one (1) City Council Member and the Mayor and three (3) at -large Commissioners; and establish that The at -large seats 3 and 4 shall serve two (2) year terms and seat 5 shall serve a three (3) year term. The term of office for the Mayor and/or City Council Member(s) shall be consistent with the term of office for Mayor and/or City Council Member, respectively. Resignation or removal of the Mayor or a City Council Member shall also terminate membership on the Agency Board. A commissioner may resign his/her seat on the Agency Board without resigning his/her position as Mayor or City Council Member; and WHEREAS, on November 5, 2018, the Mayor and City Council of the City of Eagle passed and approved Ordinance 805 to amend the number of Agency Members to reflect that there shall be seven (7) Commissioners consisting of three (3) City Council Members or two (2) City Council Members and the Mayor and four (4) at -large Commissioners; and WHEREAS, pursuant to Idaho Code §50-2006(3), the Mayor and City Council desire to designate those from its members to also be members of the Board of Commissioners of the Eagle Urban Renewal Agency, provided that such representation shall be less than a majority of the board of commissioners of the urban renewal agency of the Mayor and City Council. ORDINANCE NO. 833 Page 1 of 2 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, IDAHO: Section 1: Section 2 of Ordinance No. 669 shall be amended as follows, with additions in underline and deletions in strikethrough: That the Mayor and City Council of the City of Eagle hereby designate and appoint from among its members and City residents to be members of the Board of Commissioners of the Eagle Urban Renewal Agency. There shall be seven (7) un to nine (9) Commissioners consisting of rlrree (-one (11 either City Council Member or the Mayor and four ('I) up to eight (8) at -large Commissioners. Section 2: Savings and Severability Clause. It is hereby declared to be the legislative intent that the provisions and parts of this Ordinance shall be severable. If any paragraph, part, section, subsection, sentence clause, or phrase of this Ordinance is for any reason held to be invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Section 3: Repealer Clause. All City of Eagle ordinances or resolutions or part thereof which are in conflict herewith are hereby repealed. Section 4: Publication. This Ordinance, or a summary thereof in compliance with Idaho Code §50-901A shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. Section 5: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication. APPROVED by the Mayor of the City of Eagle, Idaho this 14th day of July, 2020. , IDAHO n Pierce, Mayor ATTEST: Sharon K. er`gmann, MMC City Cle a Treasurer ORDINANCE NO. 833 Page 2 of 2 .••'� •l OF EA '�'••. =� —•— sue.: SEAL OF 1D" ,,,,,, ORDINANCE NO. 833 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING ORDINANCE NUMBER 805 APPOINTING OF THE BOARD OF COMMISSIONERS OF THE EAGLE URBAN RENEWAL AGENCY TO CHANGE COMPOSITION OF MEMBERSHIP, PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION BY SUMMARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code §50-2001 et seq., the City of Eagle adopted Resolution No. 06-50, dated October 10, 2006, making the findings necessary to empower the Eagle Urban Renewal Agency (the "Agency"); and WHEREA , pursuant to Idaho Code §50-2006 and Resolution No. 06-50, the City appointed a Board of Commissioners (the "Boar- d") of the Agency to transact the business and exercise the powers established 1py Idaho Code §50-2001 et seq.; and WHEREAS, on February 14, 2012, the Mayor and City Council of the City of Eagle passed and approved Ordinance No. 669, termi- nating the appointment of the then -existing Board and appointing themselves as the commissioners of such Board; and WHEREAS, on October 13, 2015, the Mayor and City Council of the City of Eagle passed and approved Ordinance No. 745, ap- pointing the Mayor and City Council of the City of Eagle as the Board of Commissioners of the Eagle Urban Renewal Agency to clarify ap- pointment and vacancy procedures and to make technical correc- tions; and WHEREAS, on June 13, 2017, the Mayor and City Council of the City of Eagle passed and approved Ordinance 778, to establish that the agency shall consist of five (5) Commissioners consisting of two (2) City Council Members or one (1) City Council Member and the Mayor and three (3) at -large Commissioners; and establish that The at -large seats 3 and 4 shall serve two (2) year terms and seat 5 shall serve a three (3) year term. The term of office for the Mayor and/or City Council Member(s) shall be consistent with the term of office for Mayor and/or City Council Member, respectively. Resigna- tion or removal of the Mayor or a City Council Member shall also ter- minate membership on the Agency Board. A commissioner may re- sign his/her seat on the Agency Board without resigning his/her po- sition as Mayor or City Council Member; and WHEREAS, on November 5, 2018, the Mayor and City Council of the City of Eagle passed and approved Ordinance 805 to amend the number of Agency Members to reflect that there shall be seven (7) Commissioners consisting of three (3) City Council Members or two (2) City Council Members and the Mayor and four (4) at -large Commissioners; and WHEREAS, pursuant to Idaho Code §50-2006(3), the Mayor and City Council desire to designate those from its members to also be members of the Board of Commissioners of the Eagle Urban Re- newal Agency, provided that such representation shall be less than a majority of the board of commissioners of the urban renewal agency of the Mayor and City Council. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, IDAHO: Section 1: Section 2 of Ordinance No. 669 shall be amended as follows, with additions in underline and deletions in strikethrough: That the Mayor and City Council of the City of Eagle hereby des- ignate and appoint from among its members and City residents to be members of the Board of Commissioners of the Eagle Urban Re- newal Agency. There shall be seven ) lap to nine f 9) Commission- ers consisting of three (3) one (1) either City Council Member or the Mayor and four (4) uo to eight (8) at -large Commissioners. Section 2: Savings and Severability Clause. It is hereby declared to be the legislative intent that the provisions and parts of this Ordinance shall be severable. If any paragraph, part, section, subsection, sentence clause, or phrase of this Ordinance is for any reason held to be invalid for any reason by a court of competent. ju- risdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Section 3: Repealer Clause. All City of Eagle ordinances or resolutions or part thereof which are in conflict herewith are hereby repealed. Section 4: Publication. This Ordinance, or a summary there- of in compliance with Idaho Code §50-901A shall be published once in the official newspaper of the City, and shall take effect immediate- ly upon its passage, approval, and publication. Section 5: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publica- tion. APPROVED by the Mayor of the City of Eagle, Idaho this 14th day of July, 2020. CITY OF EAGLE, IDAHO Jason Pierce, Mayor ATTEST: Sharon K. Bergmann, MMC City Clerk/Treasurer Accounts! 263905 Idaho Statesman Keeping you connected I IdahoStatesman.com AFFIDAVIT OF PUBLICATION Ad Number Identification 0004709770 ORDINANCE NO. 833 AN ORDINANCE OF THE Attention: Tracy Osborn CITY OF EAGLE / LEGALS PO BOX 1520 EAGLE, ID 83616 ORDINANCE NO. 833 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING ORDINANCE NUMBER 805 APPOINTING OF THE BOARD OF COMMISSIONERS OF THE EAGLE URBAN RENEWAL AGENCY TO CHANGE COMPOSITION OF MEMBERSHIP, PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION BY SUMMARY: AND PROVIDING AN EFFECTIVE DATE, WHEREAS, pursuant to Idaho Code §50.2001 et seq the City of Eagle adopted Resolution No. 06-50, dated October 10 2006, making the findings necessary to empower the Eagle Urban Renewal Agency (the "Agency'I; and WHEREAS pursuant to Idaho Code §50.2006 and Resolution No, 06-50, the City appointed a Board of Commissioners (the '"Boar- d") of theAgency to transact the business and exercise the powers established Idaho Code §50.2001 et seq.; and WHE on February 14, 2012, the Mayor and City Council of the City of Eagle passed and approved Ordinance No. 9, termi- nating the appointment of the then -existing Board and appointing themselves as the commissioners of such Board; and WHEREAS. on October 13, 2015, the Mayor and City Council of the City of Eagle passed and approved Ordinance No. 745, ap- poinbng the Mayor and City Ccuncd of the City of Eagle as the Board Of Commissioners of the Eagle Urban Renewal Agency to clarify ap- pointment and vacancy procedures and to make technical correc- tions; and WHEREAS, on June 13, 2017, the Mayor and City Council of the City of Eagle passed and approved Ordinance 778, to establish that the agency shall consist of five (5) Commissioners consisting of two (2) City Council Members or one (1) City Council Member and the Mayor and three (3) at -large Commissioners; and establish that The atdarge seats 3 and 4 shall serve two (2) year terms and seat 5 shall serve a three (3) year term. The term of office for the Mayor and/or City Council Member(s) shall be consistent with the term of office for Mayor and/or Crty Council Member, respectively. Resigna- tion or removal of the Mayor or a City, Council Member shall also ter- minate membership on the Agency Board. A commissioner may re- sign his/her seat on the Agency Board without resigning his/her pa. sition as Mayor or City Council Member; and WHEREAS, on November 5, 2018, the Mayor and City Council of the City of Eagle passed and approved Ordinance 805 to amend the number of Agency Members to reflect that there shall be seven 471 Commissioners consisting of three (3) City Council Members or two (2) City Council Members and the Mayor and four (4) at•large Commissioners; and WHEREAS, pursuant to Idaho Code §50-2006(3), the Mayor and City Council desire to designate those from its members to also be members of the Board of Commissioners of the Eagle Urban Re- newal Agency, provided that such representation shall be less than a majority of the board of commissioners of the urban renewal agency of the Mayor and City Council, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, IDAHO: Section 1: Section 2 of Ordinance No. 669 shall be amended as follows, with additions in underline and deletions in strikethrouggh: That the Mayor and City Council of the City of Eagle hereby des. agnate and appoint from among its members and City residents to be members of the Board of Commissioners of the Eagle Urban Re- newal Agency. There shall be seven (7) up to nine 19) Commission. ers consisting of three (3) one fti either C Council Member or the Mayor and four (4) up to Kra (r) atdarge Commissioners. Section 2: Savings and Severability Clause. it is hereby declared to be the legislative intent that the provisions and parts of this Ordinance shall be severable., If any.pararaph, part, section, PO ORDINANCE NO. 833 RECEIVED & FILED CITY OF EAGLE AUG 0 3 2020 File: Route to. Amount 1 Cols I Deoth $174.44 2 9.55 In VICTORIA RODELA, being duly swom, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for: 1 Insertions Beginning issue of: 07/29/2020 Ending issue of: 07129/2020 V ILOUPXLL (Legais Clerk) On this 29th day of July in the year of 2020 before me, a Notary Public, personally appeared before me Victoria Rodela known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. tAtItt Notary Public in and for the state of Texas, residing in Dallas County AMANDA DAWN GRISHAM * * My Notary ID ff 132031326 :r Expires tvlay 3©, k>9og al,ary t*aal-docw or lost or duplicate affidavits. nt please do not destroyl subsection, sentence clause, or phrase of this Urmnance is tar any reason hetd to be invalid for any reason by a court of competent ju• risdictioh, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3: Repealer Clause. All City of Eagle ordinances or resolutions or part thereof which are in conflict herewith are hereby repealed. Section 4: Publication. This ordinance, or a summary there- of in compliance with Idaho Code §50.901A shall be published once in the official newspaper of the City, and shall take effect immediate- ly upon its passage approval, and publication. Section 5: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publica- tion. APPROVED by the Mayor of the City of Eagle, Idaho this 14th day of Ju 2020. CITY OF EAGLE IDAHO Jason Pierce, Mayor ATTEST: Sharon K. Bergmann, MMC City Clerk/Treasurer 3004709770.01