Ordinance - 2017 - 778 - Appointment And Vacancy Procedures For Urban Renewal Agency Commissioners - 06/13/2017ORDINANCE NO. 778
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING
ORDINANCE NUMBER 745 APPOINTING OF THE BOARD OF COMMISSIONERS OF THE
EAGLE URBAN RENEWAL AGENCY TO CLARIFY APPOINTMENT AND VACANCY
PROCEDURES; 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;
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.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF EAGLE, IDAHO:
Section 1: Section 2 of Ordinance No. 745 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 residentsselves to be members of as the Board of Commissioners
of the Eagle Urban Renewal Agency. There shall be five (5) Commissioners consisting of the
two (2) City Council Members or one (1) City Council
Member and the Mayor and three (3) at -large Commissioners.
The at -large seats 3 and 4 shall serve two (2 ) Near terms and seat 5 shall serve a three (3)
ear term. The term of office for the Mayor and/or City Council Member(s) shall
ORDINANCE NO. 778
Page 1 of 2
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.,
by entak rasignation ahllintiref tilt'rnappointmentorastivnof c-Mayararstf
Section 2: Vacanc\. In the event of a vacancy-milif.X'ni acrlie+ . the replacement
shall be appointed by the Mayor with the advice and consent of the City Council, and shall be
filled for the unexpired term.
Section 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 ?: Repealer Clause. All City of Eagle ordinances or resolutions or part thereof
which are in conflict herewith are hereby repealed.
Section 445: 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 556: Effective Date. This Ordinance shall be in full force and effect from and
after its passage, approval and publication.
PASSED AND ADOPTED by the City Council of the City of Eagle, Idaho this °)day of
, 2017.
APPROVED by the Mayor of the City of Eagle, Idaho this 1,3 day of '3„1"\(.4 2017.
CIT OF EAGIIr)DAHO
Stan Ridgeway, Mayor
ATTEST:
Sharon Ill. Bergmann,
City Clerk/Treasurer
ORDINANCE NO. 778
Page 2 of 2
Idaho Statesman
The Nsmapa9er al the Truaur■ Valley
I DA MOS TAT f SPAAN.C6et
PO Box 40, Boise, ID 83707-0040
LEGAL PROOF OF PUBLICATION
Account # I Ad Number Identification PO
283905 0003130038 LEGAL NOTICE ORDINANCE NO. 778 AN ORE Ord 778
Attention: TRACY OSBORN
CITY OF EAGLE / LEGALS
660 CIVIC LANE
EAGLE, ID 83616
LEGAL NOTICE
RECEIVED & FILED
CITY OF EAGLE
JUN 272017
File:
Route tr•
ORDINANCE NO. 778
AN OR::INANCE OF THE C TY OF EAGLE, .ADA COUNTY. IDAHO.
AMENDING ORDINANCE NUMBER 745 APPOINTING OF THE BOARD
OF COMMISSIONERS OF THE EAGLE URBAN RENEWAL AGENCY TO
CLARIFY APPOINTMENT AND VACANCY PROCEDURES; PROVIDING A
SAVINGS AND SEVERABILITY CLAUSE; PROVIDING A REPEALER
CLAUSE; PROVIDING FOR PUBLICA ON BY SUMMARY; AND PROVID-
ING AN EFFECTIVE DATE.
WHEREAS, pursuant to Idaho Code 550-2001 et seq., the City of
Eagle adopted Resolubon No. 06.50, dated October 10 2006, mak.
Ing the findings necessary to empower the Eagle Urban Renewal
Agency (the Agenc .1; and
WHEREAS, pursuant to Idaho Code502006 and Resolution No.
06-50, the City appointed a Board of Com rissioners (the "Board') of
the Agency to transact the business and exerc-se the powers estab-
lished by Idaho Code 550.2001 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 thenexisting Board and appointing them-
selves 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 Ordnance No. 745, appo nting
the Mayor and City Council of the City of Eagle as the Board of Com-
missioners of the Eagle Urban Renewal Agency to clarify appoint-
ment and vacancy procedures and t0 make technical corrections;
WHEREAS, pursuant to Idaho Code 550-2006(3), the Mayor and
City Counci. desire to designate those from its members to a'so be
members of the Board of Commissioners of the Eagle Urban Renew-
al 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. 745 shall be amended as
follows, with additions in underline and deletions in strikethrough:
That the Mayer and City Counc of the City of Eagle hereby desig-
nate and appoint from among its members and city residentsthem-
selves to be members of -as the Board of Commissioners of the Ea-
gle Urban Renewal Agency. There shall be five (5) Commissioners
censisting of the -Mayor and feu( l41 Oily.COuncii Members tiro (2)
City Council Members or one Ili City Council Member and the Mayor
and three (3) at arse.Comrrussioners.
The at -large eatL3 and 4 shell serve trio (2)year terms and seat 5
shall serve a -three (3) year term, The term of office for the Mayor
andlor City Council Membeis) Agenc Board shall be consistent
with the term of office for Mayor and or City Council Member, re-
spectively. Resrgnabon or removal o the Mayer 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 Mernber- provid-
ed that the vacancy created by such resignation shall -not be filled
unbl the appointment -or election of such Mayor or City Council Mem-
ber's successor. Appointment to a Mayor or City Council positron
shall plso-serve-as an appointment on the Agency Board:
Se_etpn 2' Vacancy,n (p9 ev_ent_Qt eiecan y in a commiss,Oner po-
sition, the replacement shall be appointed by the Mayor vnth the ad
vice and consent of the City Council, and shaIrbe filled for the
unexpired term.
Section 223: Savings and Severability Clause. It is hereby de-
clared to be the legislative intent that the provisions and parts of this
Ordinance shall be severable. If any paragraph, part,isection, sub-
section, sentence clause, or phrase of this Ordinance s for any rea-
son held to be invalid for any reason by a court of competent juris-
diction, such decision shall not affect the validity of the remaining
portions of this gerdinance.
Section 334; Repealer Clause. Ail City of Eagle ordinances or res-
olutions or part thereof which are in conflict herewith are hereby re-
Pealed.
445: Publication. This Ordinance, or a summary thereof in
compliance with Idaho Code50-901A sha I be published once in
the official newspaper of the City, and shall take effect immediately
upon its passage approval, and peubscation.
Section 5567 Effective Vote. This Ordinance shall be in full force
and effect from and after its passage approve- and publication.
PASSED AND ADOPTED by the City Council of the City of Eagle, Ida
ho this 13 day of June, 2017.
APPROVED by the Mayor of the City of Eagle, Idaho this 13 day of
Amount Cols Linea
$179.12 2 102
JANICE HILDRETH, 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: 06/20/2017
Ending issue of: 06/20/2017
STATE OF IDAHO )
.SS
COUNTY OF ADA )
On this 21st day of June in the year of
2017 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 first duly sworn,
dedared that the statements therein
are true, and acknowledged to me
that she executed the same.
4iLi/
Notary Public FOR Idaho
Residing at: Boise, Idaho
My Commission expires: +o3// 7/1
June
CITY 27.
CITY IDAHO
Stan Ridgeway, Mayor
ATTEST:Tracy E. Osborn,
Sharon K. Bergmann,
City Clerk/Treasurer
b. June 20, 2017
0313003$01