Loading...
Ordinance - 2024 - 921 - Amending Ord. 833, Ura Board Members & Terms - 05/14/2024ORDINANCE NO. 921 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING ORDINANCE 833 IDENTIFYING THE NUMBER OF BOARD MEMBERS, AND ESTABLISHING TERMS FOR SAME; 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, on July 14, 2020, the Mayor and City Council of the City of Eagle passed and approved Ordinance 833increasing the number of Board of Commissioners for the Urban Renewal Agency to be up to nine (9), consisting of one (1), either City Council Member, or the Mayor and up to eight (8) at at -large Commissioners; and Page 1 of 3 WHEREAS, the Mayor and City Council desire to reduce the total number of Board of Commissioners of the Eagle Urban Renewal Agency, and identify terms for each seat. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, IDAHO: Section 1: Amending the appointment, term and vacancy section of Eagle Urban Renewal Board of Commissioners 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) Commissioners consisting of one (1) either City Council Member or the Mayor and six (6) at -large Commissioners. Seat 1: Seat 1 shall be filled by either a City Council Member or the Mayor. The term of office for the designee will be for one calendar year. The individual will be identified and confirmed by the City Council annually at the first regular meeting of the calendar year. 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. At -Large Commissioners: Seat 2, Seat 3 and 4: Seat 2, 3 and 4 of appointed Commissioners shall serve two (2) year terms. Seat 5, 6 and 7: Seat 5, 6 and 7 of appointed Commissioners shall serve a three (3) year term. Vacancy. In the event of a vacancy, 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 2: Re -appointments and Term Limits: Individuals who wish to serve a consecutive term are required to submit a Request for Consideration application in order to be considered. A news release is not required for a consecutive term reappointment. However, once an individual has served two (2) consecutive three-year terms, or (3) consecutive two-year terms they will not be permitted to serve again and a news release announcing the vacancy shall be required at the expiration of the said term of service. Appointments to fill a vacancy for a partial term shall not count against that seat's term limit if the appointment is for a period of less than twenty-six (26) weeks or six (6) months. Section 3: 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 4: Repealer Clause. All City of Eagle ordinances or resolutions or part thereof which are in conflict herewith are hereby repealed. Page 2 of 3 Section 5: 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 6: 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 May, 2024. CITY OF EAGLE, IDAHO Brad Pike, Mayor ATTEST: Tracy E. Osbo City Clerk Page 3 of 3 McClatchy The Beaufort Gazette The Belleville News -Democrat Bellingham Herald Centre Daily runes Sun Herald Idaho Statesman Bradenton Herald The Charlotte Observer The State Ledger -Enquirer Durham I The Herald -Sun Fort Worth Star -Telegram The Fresno Bee The Island Packet The Kansas City Star Lexington Herald -Leader The Telegraph - Macon Merced Sun -Star Miami Herald El Nuevo Herald AFFIDAVIT OF PUBLICATION The Modesto Bee The Sun News - Myrtle Beach Raleigh News & Observer Rock Hill I The Herald The Saaarnento Bee San Luis Obispo Tribune Tacoma I The News Tribune Tri-City Herald The Wichita Eagle The Olympian Account # Order Iunber Identification Order PO Anlotan Cols Depth 36791 555358 Print Legal Ad-IPL01/44970- IPL0174497 5113.04 3 70 L Attention: Kellie Rekow CITY OF EAGLE / LEGALS PO BOX 1520 EAGLE, ID 836169102 clerks@cityofeagle.org RECEIVED & FILED CITY OF EAGLE MAY 2 2 2024 File: Route to: ORDINANCE 921 AN ORDINANCE OF THE CRY OF EAGLE, ADA COUNTY, DAHO, AMENDING ORDINANCE 833 IDENTIFYING THE NUMBER OF BOARD MEMBERS, AND ESTABLISHING TERMS FOR SAME; A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; FROVDWG FOR PUBIJCATION BY SUMMARY; AND PROVDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code §50-2001 et seq., the City of Eagle adopted Resokrtbn No. 06-50, dated October 10, 2006, making the findings necessary to empower ffie 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 appokibw,rt 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 shal serve a three (3) year term. The term of office for the Mayor and/or City Council Members) 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, on July 14, 2020, the Mayor and City Council of the City of Eagle passed and approved Ordinance 833increas- ing the number of Board of Commissioners for the Urban Renewal Agency to be up to nine (9), consisting of one (1), either City Council Member, or the Mayor and t$u to eight (8) at at -large Commissioners; and WHEREAS, the Mayor and City Council desire to reduce the total number of Board of Commissioners of the Eagle Urban Renewal Agency, and Identify terns for each seat NOW, THEREFORE, BE iT ORDAINED BY THE MAYOR AND CRY COUNCIL OF THE CRY OF EAGLE, DAHO: Section 1: Amending the appointment, term and vacancy section of Eagle Urban Renewal Board of Commissioners with additions In underline and deletions in strikethrotgh: 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) Commissioners consisting of one (1) either City Council Member or the Mayor and sit (6) at -large Commissioners. Seat 1: Seat 1 shall be filed by either a City Council Member or the Mayor. The term of office for the designee will be for one calendar year. The individual wilt be identified and confirmed by the City Council annually at the first regular meeting of the calendar year. 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. At -Large Commissioners: Seat 2, Seat 3 and 4: Seat 2, 3 and 4 of appointed Commissioners shall serve two (2) year terms. Seat 5, 6 and 7: Seat 5, 6 and 7 of appointed Commissioners shall serve a three (3) year tern. Vacancy. In the event of a vacancy, the replacement shall be appointed by the Mayor with the advice and consent of the City Council and shall be filled for the unexpired tens. Section 2: Re -appointments and Term Limits: Individuals who wish to serve a consecutive term are required to submit a Request for Consideration application in order to be considered. A news release is not required for a consecutive tern reappointment However, once an individual has served two (2) consecutive three-year terms, or (3) consecutive two-year terms they will not be permitted to serve again and a news release announcing the vacancy shall be required at the expi- ration of the said term of service. Appointments to fill a vacancy for a partial term shall not count against that seat's tern limit I the appointment Is for a period of less than twenty-six (26) weeks or six (6) months. Section 3: Savings and Severabilly Clause. It is hereby declared to be the legislative intent that the provisions and parts of this Ordinance shall be severable. I any paragraph, part, section, subsection, sentence clause, or phrase of this Ordi- nance 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 4: Repealer Clause. All City of Eagle ordinances or resolutions or pert thereof which are in conflict herewith are hereby repealed. Section 5: 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 6: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and pub- lication. APPROVED by the Mayor of the City of Eagle, Idaho this 14th day of May, 2024. CITY OF EAGLE, IDAHO Brad Pike, Mayor ATTEST: Tracy E Osborn, CMC City Clerk IPL0174497 May 22 2024 Mary Castro, 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: 1 insertion(s) published on: 05/22/24 1 ar y Cara (Legals Clerk) 0n this 22nd day of May in the year of 2024 before me, a Notary Public, personally appeared before me Mary Castro 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. Se Ha Notary Public in and for the state of Texas, residing in Dallas County STEPt{ANIE HATCHER My Notary Id # 133524406 Expires January 14, 2026 E7dia chirp foi loft or duplicate aflfdldts Legal document pklsedonotdastro l