Ordinance - 2002 - 419 - Amend Conduct Of Public Hearings - 03/26/2002ORDINANCE NO. 419
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING EAGLE
CITY CODE, TITLE 1 "ADMINISTRATIVE", CHAPTER 8 "CONDUCT OF PUBLIC
HEARINGS", SECTION 3 "ORDER AND RULES OF PUBLIC HEARINGS", AND TITLE 2
"BOARDS AND COMMISSIONS", CHAPTER 2 "DESIGN REVIEW BOARD", SECTION 1
"BOARD CREATED MEMBERSHIP, QUALIFICATIONS"; AND PROVIDING AN
EFF ECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating
under the laws of the State of Idaho; and
WHEREAS, The City of Eagle proposes to amend Title 1, Chapter 8, Section 3 to change
the standards for written testimony requiring that all written testimony be submitted to the City
no less than one week prior to the public hearing so as to provide adequate time for review of
said materials.
WHEREAS, The City of Eagle proposes to amend Title 2, Chapter 2, Section 1 to change
the total number of members of the Design Review Board from 5 (five) to 7 (seven).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, IDAHO, as follows:
Section 1:
That Title 1, Chapter 8, Section 3 of the Eagle City Code be, and the same is
hereby amended with strike-thru text to be deleted and underline text to be added
as follows:
1-8-3: C. Standards for Written Testimony: Written testimony submitted for
inclusion in the record of any public hearing shall comply with the
following standards:
1. Written testimony must be submitted to the City Clerk no less than five
(5) working days prior to before five o'clock (5:00) P.M. on the day on
which the public hearing is scheduled.
2. Written testimony shall include the signature and address of the
submittor.
3. Written testimony should address the issue at hand.
4. Written testimony should not be personally malicious.
5. The presiding officer shall require an oral reading acknowledgement of
such written testimony having been submitted.
Page 1 of 2
K:\000NCIL\Draft Ordinattces\Ord 419 Amending Title 1 and 2.doc
Section 2:
6. If written testimony fails to comply with the aforementioned standards,
the presiding officer may declare such testimony inadmissible.
That Title 2, Chapter 2, Section 1 of the Eagle City Code be, and the same is
hereby amended with strike-thru text to be deleted and underline text to be added
as follows:
2-2-1: BOARD CREATED MEMBERSHIP, QUALIFICATIONS: The
Design Review Board shall function on behalf of the Planning and Zoning
Commission and City Council. The Board shall be composed of seven (7)
five (5) members, and one (1) non-voting member which shall be from the
City Council. Members shall be appointed by the Mayor and confirmed by
the City Council. Members of the Board shall be appointed with proper
representation from such fields as architecture, landscape architecture,
business, engineering, and a citizen -at -large. The Zoning Administrator,
upon consent of the City Clerk, may seek assistance from other such
employees of the city as is necessary to fulfill the duties of the Design
Review Board.
Section 3:
Section 4:
The provisions of this ordinance are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or
circumstance is declared invalid for any reason, such declaration shall not affect
the validity of remaining portions of this ordinance.
This ordinance shall take effect and be in force from and after its passage,
approval, and publication as required by law. In lieu of publication of the entire
ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code,
may be published.
DATED this.26 day of March 2002.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Co t , Idaho
I
_ 1!,
Rick Yzaguirrel a or 0.0 ,&uacaee
0,14 % CC el \
ATTEST: tio5,v "4' 1
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I
T+ -11r a
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Sharon K. Moore, Eagle City tCCleT.-.;• S>
Page 2 of 2
K:\COUNCIL\Draft Ordinances\Ord 419 Amending Title 1 and 2.doc
The Idaho
Statesman
()ITV OF, EAGLE
APR 0 9 2002
Filo.
Route tri•
P.O. Box 40, Boise, Idaho 83707-0040
LEGAL ADVERTISING PROOF OF PUBLICATION
Account # DTI# Identification
116026 635178
Attention: aait
JEFF LOWE
CITY OF EAGLE
310 E STATE ST.
EAGLE, ID 83616
ORDINANCE 419
Run Datea
LEGAL NOTICE
ORDINANCE 419
ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING EAGLE
CRY CODE TITLE 1 "ADMINISTRATIVE", CHAPTER 8 "CONDUCT OF PUBUC HEAR-
INGS" SECTION 3 "ORDER AND RULES OF PUBUC HEARING" AND TILE 2
"BOA CREATED MEMBERSHIP, QUALIFICATIONS"; ANDAREVIEW
DIN SECTION
EFFEC-
TIVE DATE.
WHEREAS, the City of Eagle, Idaho is municipal corporation organized and operating
under the laws of the State OF Idaho; and
WHEREAS, The City of Eagle proposes to amend Title 1, Chapter 8, Section 3 to change
the standards for written testimony requiring that all written testimony be submitted to the
City no less than one week prior to the public hearing so as to provide adequate time for
review of said materials.
WHEREAS, The City of Eagle, proposes to amend Title 2, Chapter 2, Section 1. to change
the total number of members of the Design Review Board from 5 (five) to 7 (seven).
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE Y OF
EAGLE, IDAHO, as follows:CI
Section 1: That Title 1, Chapter 8, Section 3 of The Eagle City Code be, and the
same is hereby amended to strike-thru text to be deleted and underline
text to be added as follows:
1-8-3: C. Standards for Written Testimony: Written testimony submitted for
inclusion in the record of any public hearing shall comply with the following
standards:
1. Written testimony must be submitted to the QI Clerk no less than
fivg (5)yuorkipg days prioy to bafero flv9 o clockW5:00)P.M.eatie dayy on
which the pubb Ic heanng is scheduled.
2. Written testimony shall include the signature and address of the sub-
mittor.
3. Written testimony should address the issue at hand.
4. Written testimony shoOld not be personally malicious.
5. The presiding officer shall require an oral seadiag acknowledgement,
of such written testimony
If written testimony fails to comp to aforementioned stan-
dards the presiding officer may declare such testimony inadmissible.
S ction • That title 2, Chapter 2, Section 1 of the Eagle City Code be, and the
same is hereby amended with strike -till text to be deleted and underline
text to be added as follows:
2-2-1: BOARD CREATED MEMBERSHIP, QUALIFICATIONS: The Design Review
Board shall function on behalf of the Planning and Zoning Commission and
City Council. The Board shall be composed of seven (7) members
and one (1) non-voting member which shall be from the City Council. Mem-
bers shall be appointed by the Mayor and confirmed by the City Council.
Members of the Board shall be appointed with proper representation from
such fields as architecture landscape architecture, business, engineering
and a citizen -at -large. The Zoning Administrator, upon consent of the City
Clerk, may seek assistance from other such employees of the city as is
necessary.to fulfill the duties of the Design Review Board.
Sectioo 3: The provisions of this ordinance are hereby declared to be severable and
if any provision of this act or the application of such provision to any per-
son or circumstance is declared invalid for any reason, such declaration
shall not affect the validity of remaining portions of this ordinance.
&don4: This ordinance shall take effect and be in force from and after its pas-
sage, approval and publication as required by law. In lieu of publication of
the entire ordinance, a summary thereof in compliance with Section 50-
901A Idaho Code, may be published.
Dated this 26 day of March 2002.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Rick Yzaguirre, Mayor
ATTEST: Sharon, K. Moore, Eagle City Clerk
Pub. Apr. 6, 2002 13109
1
APRIL 6, 2002
(Number of Linea
Amount
$143.00
70 X 2
(Affidavit Legal #
1
13109
JANICE HILDRETH, being duly sworn, 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:
ONE
nconsecutive weekly
nconsecutive daily
insertion(s)
beginning issue of:
ending issue of:
X
single
odd skip
APRIL 6 , 2002
APRIL 6 , 2002
STATE OF IDAHO
)
.SS
COUNTY OF ADA
On this 8 day of APRIL
before me, a Notary Public, personally appeared before me
Janice Hildreth known or identified to me to be the person
whose name subscribed to the within instrument, and being
by me first duly swom, declared that the statements therein
are true, and acknowledged to me that she executed the same.
in the year of 2002
Notary Public for Idaho
Residing at: Emmett, Idaho
My Commission expires:
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