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Ordinance - 2022 - 887 - Eagle Arts Commission - 10/11/2022 ORDINANCE NO. 887 An Ordinance Of The City Of Eagle, Ada County Idaho, Amending Eagle City Code Title 2, Chapter 6, Eagle City Code Relating To The Eagle Arts Commission; 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 of Idaho; and WHEREAS,the Mayor and Council have determined that good cause exists for amending Title 2, Chapter 6 "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, Chapter 6, Section 1, "COMMISSION CREATED" is replaced with a new"DEFINITIONS" section to read as follows: 2-6-1: DEFINITIONS: As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section: Committee: The Eagle Arts Advisory Committee Section 2: That Title 2, Chapter 6, Section 1, "COMMISSION CREATED" is renumbered as Title 2, Chapter 6, Section 2 and is hereby amended, with underline text to be added and strike- through text to be deleted: 2-6-12: COMMISSION COMMITTEE CREATED: There is hereby created a City of Eagle Arts Commission, Advisory Committee. which The Eagle Arts Co mission Advisory Committee shall consist of one (1) City Staff Designee as identified by the Mayor, (5) emb rbut mor tha: se.en (7)and three (3) additional members who shall be appointed by the Mayor subject to approval and confirmation by the City Council. Members shall serve without compensation and shall serve solely in an advisory role under the authority of the Mayor and City Council. Section 3: That Title 2,Chapter 6, Section 2,"CONFLICTS;TERM OF OFFICE AND VACANCIES" is renumbered as Title 2, Chapter 6, Section 3 and is hereby amended, with underline text to be added and strike-through text to be deleted: A. Conflicts Of Interest: Each commission Committee 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 Arts Commission Committee. While serving on the commission Committee, 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 Committee member's own business or corporate interests, and those business or corporate interests of their immediate family. Where the interest of a commission Committee member in the subject matter is remote or incidental, the member may participate in the vote or decision. Otherwise, the commission member shall disqualify himself/herself from any action or determination on the subject matter in question. B. Term Of Office; Vacancies: The members of the Committee shall take office as of the date of their appointment. Appointment to such office shall be for period-o€staggered three (3) years terms. All members shall be eligible for reappointment, and . If a vacancy vacancies shall be filled by appointment for the balance of the unexpired term. ^ during any „nexpired term, balancehalanee-ef-suell-unexpifed4efm7 All members of the Eagle Arts Commission Committee serve in a voluntary capacity. As such, they are subject to removal by the Mayor with the approval of the City Council. Section 3: That Title 2, Chapter 6, Section 3, "ORGANIZATION" is renumbered as Title 2, Chapter 6, Section 4 and is hereby amended, with underline text to be added and strike-through text to be deleted: 2-6-34: ORGANIZATION AND ADMINISTRATION: A. Chairperson: The Eagle Arts Commission Committee members shall meet-and-appeint--ene elect a of its members to serve as Chairperson of the co..v.m ss:on. Chairman and a Vice- Chairman from among the Committee members. Th d is ' „tea to so s Chair shall shall also elect from their numbers a Vice Chairperson. The Vice Chair shall se e during t e same one year term as the Chair. The Vice Chair shall act as Commission Chairperson only ,.he„ the Chair of the ^ absent. The Chairman shall preside at all meetings of the Committee. The Vice-Chairman shall, in the absence of the Chairman,perform the duties of the Chairman. The authority of both the Chairman and Vice- Chairman shall be limited to those enumerated in this chapter. B. Authority: As the com ission The Eagle Arts Advisory Committee is solely a recommending body to City Council, and therefore its authority is limited. The commission Committee shall only have the power to make whatever rules are necessary for the execution of its duties as set forth in this chapter. The Committee shall have no authority over the operations or employees assigned to the Committee. C. Meetings: All meetings of the commission Committee shall be open to the public and shall follow the requirements of Idaho's Open Meeting Law. In order to transact any commission Committee business at a meeting, a quorum of commission Committee members is required to be present. A quorum is constituted by the presence of a majority of presently appointed commission Committee members. Th h ll of meetin o c'' "' nth fo "yeast other times as may be called by the commission Chairperson. The Committee shall meet at least semi-annually and provide minutes of such meeting to the City Clerk. The Committee may also hold meetings at such other times as may be called by the City Staff Designee, Chairman, Mayor or City Council. D. Records Kept: Accurate 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 City Clerk. E. Compensation: The members of the Eagle Arts Commission shall serve without E. Assistance Of Other Parties: The Committee may recommend to the Mayor the employment of or the contracting with other parties for the services of technical experts or other persons, to assist the commission in its functions. The Committee cannot enter into any contracts, hire employees, or in any way bind the City of Eagle by contract or action. Section 4: That Title 2, Chapter 6, Section 4, "DUTIES AND RESPONSIBILITIES"is renumbered as Title 2, Chapter 6, Section 5 and is hereby amended, with underline text to be added and strike- through text to be deleted: 2-6-45: POWERS, DUTIES AND RESPONSIBILITIES: As the Commission The Committee is solely a recommending body to the Mayor and City Council;its authority is limited. The Commission Committee cannot enter into any contracts, hire employees, or in any way bind the City of Eagle by contract or action. The Committee shall only have the authority to execute its duties as enumerated in this chapter. The Eagle Arts Commission Committee shall serve in an advisory capacity to the Mayor and City Council and is established-to and shall be authorized to: A. Identify short and long term goals to be presented to the Mayor and City Council on an annual basis Advise advising the City Council on ways in which City government might further the accessibility and enjoyment of the arts to the public. best the public with regard to B. Encourage and aid the appreciation and awareness of, participation in, and preservation of the arts among all citizens of the City of Eagle. B. Annually, recommend art programs to the City Council to pursue offering via city sponsored community programming. concerned with the arts in the City of Eagle. C. Review and make recommendations to the City Council retarding the aesthetic aspects of public art, designs or public monuments under consideration to be accepted or commissioned by the City. D. Promote and expand the cultural resources of the City of Eagle, thereby facilitating D. Serve on jury panels to review art submittals for city-initiated projects and galleries and provide recommendations to City Council for consideration. Formulate ; eration wit other City agencies a left range plan for the development of a thriving cultural climate in the City of Eagle. E. Annually, review grant funding requests from artistic and cultural organizations, and/or individual artist for events/activities to take place within the City of Eagle. ; rtia o agencies, public programs concerning the arts. F. Present recommendations for City Council consideration for the proposed allocation of public monies for public programs furthering the arts in the City of Eagle. G. Advise the City Council as-te on the availability and adequacy of facilities and space utilized for the presentation of cultural activities. H. Review and advise the City Council on the aesthetic aspects of works of art or designs or T D e b dget., „d.,tio s f r City Co cil ;d0 atio nd ad. se th,e City o 0 0 xu uu v'iov �.... ....�> City Council. Eagle t„ tract o -action, nd/or g ntea an for donated f s .ch Section 5: 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. Section 6: 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. Approved and adopted this I I day of C. , 2022. CITY OF EAGLE Ada County, Idaho JAS efaj ERCE MAYO• TEST: TRAC . OSBORN c O§; o / CITY ERK • '• ` ^', � SUMMARY OF ORDINANCE NO. 887 AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO,AMENDING TITLE 2 CHAPTER 6 RELATING TO THE EAGLE ARTS COMMISSION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho; A summary of the principal provisions of Ordinance No. 8887 of the City of Eagle, Ada County, Idaho, adopted on October 11, 2022 is as follows: Section 1: That Title 2, Chapter 6, Section 1, "COMMISSION CREATED" is renumbered as Title 2, Chapter 6, Section 2 and replaced with a new"DEFINITIONS"section renaming the word "Committee" from Eagle Arts Commission, to now be defined Eagle Arts Advisory Committee. Section 2: That Title 2, Chapter 6, Section 1,"COMMISSION CREATED" is renumbered as Section 2 and the new section sets forth the composition of the members the Eagle Arts Advisory Committee be one (1) staff member and three (3),,rainNrs'appointed by the Mayor subject to approval by the City Council. ♦ • ` ♦t Section 3: That Title 2, Chapter 6, SectLn , `CONFLICTS; TERM OF OFFICE AND VACANCIES" is renumbered as Title 2, Chal$es.&.,Section 3 and Subparagraph A is amended to replace the word"commission"with the word'scarnittee" Section 4: That Title 2, Chapter 6, Section ';'`QNFlL'CTS; TERM OF OFFICE AND VACANCIES" is renumbered as Title 2, Chapter 6, Section 3 and Subparagraph B is amended to provide appointments are for staggered three year terms. Section 5: That Title 2, Chapter 6, Section 2, "CONFLICTS; TERM OF OFFICE AND VACANCIES" is renumbered as Title 2, Chapter 6, Section 3 and Subparagraph C is amended to provide that the Committee is required to meet at least semi-annually and can meet at other times if called by City Staff Designee, Chairman, Mayor or City Council. Section 6: That Title 2, Chapter 6, Section 2, "CONFLICTS; TERM OF OFFICE AND VACANCIES" is renumbered as Title 2, Chapter 6, Section 3 and Subparagraph E is deleted and restated to provide that the Committee may recommend to the Mayor the employment of or the contracting with other parties for the services. The amendment also provides that the Committee cannot enter into contracts, hire employees or I any way bind the City by contract or action. Section 7: That Title 2, Chapter 6, Section 4, "DUTIES AND RESPONSIBILITIES" is renumbered as Title 2, Chapter 6, Section 5 and is hereby amended to delete certain roles and responsibilities and add new roles and responsibilities. Page 1 of 2 Section 8: 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. Section 9: 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. The full text of Ordinance No. 887 is available at City Hall, on the City website, and will be provided to any citizen upon personal request during normal office hours CITY OF EAGLE Ada County, Idaho %,,.......•..,,,,By ••••.•• CS"—Th `�•OF EA0 Pi rce, Mayor ATTEST: .• vim• QOR,� 44. • • SEM Tracy E Orn, City #rl((`•••......R..• eit 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. 887 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 2nd day of November,2022. Vc4/4) kj,/ Victor Villegas Borton-Lakey Law& Policy City Attorney, City of Eagle Page 2 of 2 11/3/22, 12:24 PM Adportal Self Service Advertising Cc Ition THANK YOU for your legal submission! Your legal has been submitted for publication.Below is a confirmation of your legal placement.You will also receive an email confirmation. ORDER DETAILS PREVIEW FOR AD NUMBER IPL00972020 Order Number: SUMMARY OF ORDINANCE NO.887 IPL0097202 AN ORDINANCE OF THE CITY OF EAGLE,ADA COUNTY IDAHO.AMENDING Order Status TITLE 2 CHAPTER 6 RELATING TO THE EAGLE ARTS COMMISSION;PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. Submitted NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF Classification: • THE CITY OF EAGLE,Ada County,Idaho; Le gals&Public Notices A summary of the principal provisions of Ordinance No. 8887 of the City of g' Eagle,Ada County,Idaho,adopted on October 11,2022 is as follows: Package: Section 1: That Title 2, Chapter 6. Section 1, "COMMISSION CREATED" is BOI-Legal Ads renumbered as Title 2,Chapter 6.Section 2 and replaced with a new"DEFINI- g TIONS"section renaming the word"Committee"from Eagle Arts Commission,to Final Cost: now be defined Eagle Arts Advisory Committee. 77.72 Section 2:That Title 2,Chapter 6,Section 1,"COMMISSION CREATED"is re- numbered as Section 2 and the new section sets forth the composition of the Payment Type: members the Eagle Arts Advisory Committee he one(1)staff member and three Account Billed (3)members appointed by the Mayor subject to approval by the City Council. User ID Section 3:That Title 2,Chapter 6,Section 2,"CONFLICTS;TERM OF OFFICE AND VACANCIES"is renumbered as Title 2,Chapter 6,Section 3 and Subpara- IPL0024895 graph A is amended to replace the word"commission"with the word"commit- tee" Section 4:That Title 2,Chapter 6,Section 2,"CONFLICTS;TERM OF OFFICE AND VACANCIES"is renumbered as Title 2,Chapter 6,Section 3 and Subpara- ACCOUNT INFORMATION graph B is amended to provide appointments are for staggered three year terms. Section 5:That Title 2,Chapter 6.Section 2."CONFLICTS;TERM OF OFFICE AND VACANCIES" is renumbered as Title 2, Chapter 6. Section 3 and Sub- CITY OF EAGLE/LEGALS IP paragraph C is amended to provide that the Committee is required to meet al PO BOX 1520 least semi-annually and can meet at other times if called by City Staff Designee. EAGLE,ID 83616 Chairman,Mayor or City Council. Section.8:That Title 2,Chapter 6,Section 2,"CONFLICTS;TERM OF OFFICE 208-939-6813 AND VACANCIES"is renumbered as Title 2,Chapter 6.Section 3 and Subpara- graph E is deleted and restated to provide that the Committee may recommend to the Mayor the employment of or the contracting with other parties for the CITY OF EAGLE/LEGALS services.The amendment also provides that the Committee cannot enter into contracts,hire employees or I any way bind the City by contract or action. Section 7:That Title 2,Chapter 6,Section 4, "DUTIES AND RESPONSIBILI- TIES"is renumbered as Title 2,Chapter 6,Section 5 and is hereby amended to TRANSACTION REPORT delete certain roles and responsibilities and add new roles and responsibilities. Section 8:The provisions of this ordinance are hereby declared to be severable Date 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 November 3,2022 1:24:00 PM EDT affect the validity of remaining portions of this ordinance. Amount Section 9: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 77.72 the entire ordinance,a summary thereof in compliance with Section 50-901A, Idaho Code,may be published. The full text of Ordinance No.887 is available at City Hall,on the City website, and will be provided to any citizen upon personal request during normal office SCHEDULE FOR AD NUMBER IPL00972020 hours Signed: November 4,2022 Jason Pierce.Mayor Attest:Tracy E.Osborn,City Clerk Idaho Statesman(Boise) CERTIFICATION OF ATTORNEY I,the undersigned,an attorney at law duly licensed in the Stale of Idaho and serving as counsel to the City of Eagle,Idaho,hereby certify that I have read the above Summary of Ordinance No.887 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 2nd day of November 2022. Victor Villegas APPROVED: Borton-Lakey Law&Policy City Attorney,City of Eagle AMOUNT PAID: w00000000 publication Dales CHECK#• «Click here to print a printer friendly version>> SATE: https://placelegal.mcclatchy.com/legats/boise/home/confirmation.html?id=90244&returnto= 1/1