Ordinance - 2015 - 746 - Amend Arts Commission Chapter - 11/11/2015ORDINANCE NO. 746
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
CHAPTER 2, TITLE 6, EAGLE CITY CODE, RELATING TO THE EAGLE ARTS
COMMISSION, BY MAKING TECHNICAL CORRECTIONS, DELETING THE
REQUIREMENT FOR APPOINTMENT OF A CLERK OF THE COMMISSION,
PROVIDING FOR A COMMUNITY ENHANCEMENT COORDINATOR SUPERVISED BY
THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT, PROVIDING
THAT RECORDS AND MINUTES OF THE COMMISSION BE KEPT BY THE CITY
CLERK, AND AMENDING THE DUTIES AND RESPONSIBILITIES OF THE
COMMISSION; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING A
REPEALER CLAUSE; PROVIDING FOR PUBLICATION BY SUMMARY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle has created the Eagle Arts Commission to promote the arts
and cultural resources of the City; and
WHEREAS, the City of Eagle has created the position of Community Enhancement
Coordinator, within the Department of Parks and Recreation, whose duties include cooperating
with the Eagle Arts Commission in relation to the promotion and expansion of the development
of the various arts in the City; and
WHEREAS, the Mayor and City Council desire to clarify the various duties of the Eagle
Arts Commission and the Community Enhancement Coordinator and to make technical
corrections to Chapter 6, Title 2 of the Eagle City Code relating to the Eagle Arts Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, Ada County, Idaho:
Section 1: That Chapter 2, Title 6 of the Eagle City Code is amended as follows:
Chapter
EAGLE ARTS COMMISSION
2 -6 -1: COMMISSION CREATED:
2 -6 -2: TERM OF OFFICE AND VACANCIES:
2 -6 -3: ORGANIZATION:
2 -6 -4: DUTIES AND RESPONSIBILITIES:
2 -6 -1: COMMISSION CREATED:
There is hereby created a Ceity of Eagle Aarts Ceommission, which commission shall be known
and designated as the Eagle Awls Ceommission. The Eagle Aarts Ceommission shall consist of
five (5) members who shall be appointed by the Mfnayor subject to approval and confirmation
ORDINANCE NO. 746
Page 1 of 5
by the City Council. Members shall serve without compensation and shall serve solely in an
advisory role under the authority of the Mmayor and Ceity Ceouncil. (Ord. 627, 6 -23 -2009)
2 -6 -2: CONFLICTS: TERM OF OFFICE AND VACANCIES:
A. Conflicts of Interest: Ti Eagle ails eemmission shall eensist of a is members. Ha8
by the Bits tel: Each commission member shall make every effort to avoid any conflict
of interest. To that end, no organization, which may be a recipient of city arts funding, shall
have on its board or staff more than one individual who is also presently serving as a member
of the Eagle Aarts Ccommission. While serving on the commission, 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 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 subject matter is remote or
incidental, the member may participate in the vote or decision. Otherwise, the commission
member shall disqualify themself himself/herself from any action or determination on the
subject matter in question.
B. Term of Office: Vacancies: Appointment to such office shall be for the-a period of three (3)
years. All members shall be eligible for reappointment. If a vacancy shall occur during any
unexpired term, the Mmayor, with confirmation of the Ceity Ceouncil, shall appoint an
individual to serve out the balance of such unexpired term. All members of the Eagle Aarts
Ccommission serve in a voluntary capacity. As such, they are subject to removal by the
Mmayor with the approval of the Ceity Ceouncil. (Ord. 627, 6 -23 -2009)
2 -6 -3: ORGANIZATION:
A. Chairperson: The Eagle Aarts Ccommission shall meet and appoint one of its members to
serve as chairperson of the commission. The individual appointed to serve as chair; shall
hold the office for one (1) year. At the same time a chairperson is appointed, commission
members shall also elect from their numbers a vice chairperson. The vice chair shall serve
during the same one (1) year term as the chair. The vice chair shall act as commission
chairperson only when the chair of the commission is absent. The authority of both the
chairperson and vice chairperson shall be limited to those enumerated in this chapter.
BE. Authority: As the commission is solely a recommending body to City Council, 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 Aarts Ccommission shall
ORDINANCE NO. 746
Page 2 of 5
have no authority over the af4s earAmissien Community Enhancement Ceoordinator whose
employment and performance is :aenitered under the direct supervision of by the Parks and
Recreation Director. eity -elerk
CD. Meetings: All meetings of the commission shall be open to the public and shall follow the
requirements of Idaho's open meeting law. In order to transact any commission business at a
meeting, a quorum of committee members is required to be present. A quorum is constituted
by the presence of a majority of presently appointed commission members. 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 at such other times as may be called by the
commission chairperson, the r nayer� or eity eouneil
DE. Records Kept: The ro.,,..,ission shall- °°� ° ^ ccurate minutes and other appropriate written
records of its resolutions, proceedings and actions will be kept. Upon their approval, all
records and minutes shall be submitted to the Ceity Celerk.
EF. Compensation: The members of the Eagle Aarts Ceommission shall serve without
compensation, except that their actual and necessary expenses shall be allowed by the City
Ceouncil. The city shall provide to the commission the necessary and suitable equipment and
supplies to enable the commission to properly transact and perform its essential business.
(Ord. 627, 6 -23 -2009)
2 -6 -4: DUTIES AND RESPONSIBILITIES:
As the commission is solely a recommending body to City Council, 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 Mrnayor and Ceity Ceouncil
and is established to:
A. To Aadvise the Ceity Ceouncil on ways in which city government might best serve the public
with regard to matters involving the arts.
B. Te Eencourage and aid the appreciation and awareness of, participation in, and preservation
of the arts among all citizens of the Ceity of Eagle.
C. To-- Eencourage cooperation and coordination among individuals, organizations and
institutions concerned with the arts in the Ceity of Eagle.
D. To Ppromote and expand the cultural resources of the City of Eagle, thereby facilitating
employment and opportunity for artists and the development of self - sustaining arts programs.
E. Te Fformulate in cooperation with other city agencies a long range plan for the development
of a thriving cultural climate in the Ceity of Eagle.
ORDINANCE NO. 746
Page 3 of 5
F. To Iinitiate, sponsor, conduct or support, alone or in cooperation with other public or private
agencies, public programs concerning the arts.
G. To Aadvise the Ceity Ceouncil as to the availability and adequacy of facilities and space
utilized for the presentation of cultural activities.
H. Te Rreview and advise the Ceity Ceouncil er eeerdinate on the aesthetic
aspects of works of art or designs or public monuments under consideration to be accepted or
commissioned by the Ceity of Eagle.
I. To Pprepare and budgetary recommendations to the e-ity- eeuneil for City Council
consideration and advise the City Council on 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 Ceity Ceouncil.
J. Te Rreview 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 Ceity of Eagle to any contract or action.
Th er- dint. , u pleyee of the eity of Eagle, i _J L_. aL_
eemmlt ee eee din b .7' 1. C b 1 arts eenifflission. The Eagle
eeffhnission shall partieipate planning preeesses undeftaken by ti,
ennrdinatnr• hew > 1 1 ad
vi r r
KK. Te Sseek out and encourage contributions and grants to the arts from private and public
sources and to advise and recommend to the Ceity Ceouncil on the allocation of such monies
appropriated and /or granted and/or donated for such purposes. (Ord. 627, 6 -23 -2009)
Section 2: Savines 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 parts thereof,
which are in conflict herewith are hereby repealed.
Section 4: Publication and Effective Date. 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.
ORDINANCE NO. 746
Page 4 of 5
PASSED AND ADOPTED by the City Council of the City of Eagle, Idaho, this _�
day of November, 2015.
xh
2015.
APPROVED by the Mayor of the City of Eagle, Idaho this J —day of November,
"��������"'••. CITY OF EAGLE, IDAHO
444* ? PORAT
•
O 41a s D. Reynold Ma or /
ATTEST: °''.;;TE OF �O.•`•�
Sharon K. Bergmann,
City Clerk/Treasurer
ORDINANCE NO. 746
Page 5 of 5
SUMMARY OF
ORDINANCE NO. 746
The following is a summary of Ordinance No. 746, adopted by the City Council of the City of
Eagle, Ada County, Idaho, on November 10, 2015:
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
CHAPTER 2, TITLE 6, EAGLE CITY CODE, RELATING TO THE EAGLE ARTS
COMMISSION, BY MAKING TECHNICAL CORRECTIONS, DELETING THE
REQUIREMENT FOR APPOINTMENT OF A CLERK OF THE COMMISSION,
PROVIDING FOR A COMMUNITY ENHANCEMENT COORDINATOR SUPERVISED BY
THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT, PROVIDING
THAT RECORDS AND MINUTES OF THE COMMISSION BE KEPT BY THE CITY
CLERK, AND AMENDING THE DUTIES AND RESPONSIBILITIES OF THE
COMMISSION; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING A
REPEALER CLAUSE; PROVIDING FOR PUBLICATION BY SUMMARY; AND
PROVIDING AN EFFECTIVE DATE.
Section 1: Amends Title 2, Chapter 6, Eagle City Code, relating to the Eagle Arts Commission,
by making technical corrections, removing the requirement for a clerk of the Eagle Arts
Commission, and revising the duties and responsibilities of the Eagle Arts Commission.
Section 2: Provides for severability.
Section 3: Provides a repealer clause.
Section 4: Provides an effective date and for publication by summary.
The full text of Ordinance No. 746 is available at City Hall and will be provided to any citizen
upon personal request during normal office hours.
James D. Reynolds, Mayor
Attest: Sharon K. Bergmann, City Clerk/Treasurer
Publication requested: December 7, 2015
CERTIFICATION OF ATTORNEY
I, the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel
to the City of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No.
746 of the City of Eagle and that the same is true and complete and provides adequate notice to
the public of the contents of said ordinance.
Dated this 4th day of December, 2015.
Jill olinka
Mode Smith Buxton & Turcke, Chtd.
City Attorney, City of Eagle
ORDINANCE NO. 746
Page 1 of 1
Valley limes
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account
Address: 1166 C ' Ci tl l t -un -t_
C, C, IT Lea,t.
Attention:
SUMMARY OF Z' Y Ld !
ORDINANCE NO. 746
Identification:
r-_""RC60�VE0 & F3I EF3
CITY OF EAGLE
DEC 10 2015
e'
Rot Rot to'
Run Dates: r - O 7- 2_6 11
Number Lines /2
Other
The following is a summary of Ordinance No 746, adopted by the City Council of the City of
Eagle, Ada County, Idaho. on November 10, 2015:
AN ORDINANCE OF TIME CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
CHAPTER 2, TITLE 6, EAGLE CITY CODE, RELATING TO THE EAGLE ARTS
COMMISSION, BY MAKING TECHNICAL CORRECTIONS, DELETING THE
REQUIREMENT FOR APPOINTMENT OF A CLERK OF THE COMMISSION,
PROVIDING FOR A COMMUNITY ENHANCEMENT COORDINATOR SUPERVISED BY
THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT, PROVIDING
THAT RECORDS AND MINUTES OF THE COMMISSION BE KEPT BY THE CITY
CLERK, AND AMENDING THE DUTIES AND RESPONSIBILITIES OF THE
COMMISSION; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING A
REPEALER CLAUSE; PROVIDING FOR PUBLICATION BY SUMMARY; AND
PROVIDING AN EFFECTIVE DATE.
Section 1: Amends Title 2, Chapter 6, Eagle City Code, relating to the Eagle Arts Commission,
by making technical corrections, removing the requirement for a clerk of the Eagle Arts
Commission, and revismg the duties and responsibilities of the Eagle Arts Commission.
Section 2: Provides for severability.
Section 3: Provides a repealer clause.
Section 4: Provides an effective date and for publication by summary.
The full text of Ordinance No. 746 is available at City Hall and will be provided to any citizen
upon personal request during normal office hours.
James D. Reynolds, Mayor
Attest: Sharon K. Bergmann. City Clerk/Treasurer
Publication requested: Decemb.r 7, 2015
CERTIFICATION OF ATTORNEY
I, the undersigned, an auomey at law duly licensed in the State of Idaho and serving as counsel
to the City of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No.
746 of the City of Eagle and that the same is true and complete and provides adequate notice to
the public of the contents of said ordinance.
Dated this 4`" day of December, 2015.
4. .1..0.000.100
Jill olinka
M. • Smith Buxton & Turcke, Chtd.
City Attorney, City of Eagle
PUSS" •o° ��
.,#,,,Tn4 TE of oo ;
000ejeeret•••
Amount 16 q L z
Frank Thomason, being duly swom, deposes
and says: That he is the Principal Clerk of
Valley Times, a weekly newspaper published at
Eagle, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
published In said County during a period of
•seventy-eight consecutive weeks prior to the first
publication of this notice, a copy of which is attached
hereto, and that the notice was published in
Valley Times, in conformity with Sectign 60-108,
Idaho Code, as amended, for J time(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
supplement and that said notice was published
on the following dates:
Beginning /De7 7-01 c-
.
Ending D.e 2.0 bi
STATE OF IDAHO )
)SS
COUNTY OF ADA )
On this day of IX.WG - in the year of 2015
before me, a Notary Public, personally appeared
Thomason, known or identified to me to be the person
whose name is subscribed to the within instrument,
n being by me first ly swom, declared that the
state en he In are true, ledged to me that
cuted the same.
Notary Public for Idaho
Resit at Boise, ID
y Commission expires: J/ 77! t 7