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Home My WebLink AboutORD 3470ORDINANCE N0.3470 BILL NO. 76 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 2, ARTICLE 15, SECTION 0245-01, PERTAINING TO THE PLANNING AND ZONING COMMISSION CREATION, MEMBERSHIP, ORGANIZATION, RULES RECORDS AND MEETINGS, AND EXPENDITURES AND STAFF; PROVIDING FOR ; PROVIDING FOR SEVERABILITY; AND REPEALING ALL AN EFFECTIVE DATE ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. RECITALS WHEREAS, the City of Caldwell, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, every city and county shall exercise the powers conferred by Chapter 76, Title 67, Idaho Code; and WHEREAS, a City Council has the authority to establish by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code, a Planning Commission and Zoning Commission or a Planning and Zoning Commission; and WHEREAS, the Mayor and City Council have determined that good cause exists for amending the City of Caldwell ordinances relating to the Planning and Zoning Commission Information ordinances; and WHEREAS, the Mayor and City Council find these amendments will provide consistency with Idaho Codes. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Seed®n 1. That Chapter 2, Article 15, Planning and Zoning Commission, of the Caldwliq ell City Code, is hereby amended as follows: 11 (1) Commission Created: There is hereby created a commission to be known and designated as the planning and zoning commission. Said planning and zoning commission is hereby created pursuant to section 67-6504 Idaho Code withfull ,,,,+h,,,ity as the fei ,,team which may act with the full authority of the governing board, excluding the authority to adopt ordinances or to finally approve land subdivisions. (2) Membership: The planning and zoning commission shall consist of not less than three (3) nor more than seven (7) voting members, all appointed by the mayor and confirmed by majority vote of the city council. An appointed member of the commission must have resided in Ord. 3470 —Page 1 the city for at least two (2) years prior to appointment and must remain a resident of the city during service on the commission, exceptifig-that One Inembor of the eemmissiorY ma Fesi e in the are of the afea of ' ^� 'ty zej th •For purposes of determining whether a person meets the two (2) year residency requirements for service as a member of the planning and zoning commission, the boundaries for the city and the are of eity irpaet in existence at the date of appointment shall be considered as having existed, unchanged, for the two (2) years preceding the date of appointment. The term of office for members shall not be more or. less than three (3) years, provided howevef, the at the expiration of said term „ f of�u� 1111 Vl V111V V, rI71V 1V1 �YYV `LdJ (.i.%4%.L161V11W1 VV11OVV WVIYV 1VW.lVV1111111V114V, VWV111V1 Vi1V ia..ii term i addition to te „r;g;,,a term alfeady served nor more thanlsix (6) years. No person shall serve more than two (2) full consecutive terms without specific concurrence by two-thirds (2/3) of the council adopted by motion and recorded in the minutes. in no ease chaff mi-Y per -son sel=ve more than-4wee-(3` full eenseettt1i7e tefms. Vacancies occurring otherwise than through the expiration A terms shall be filled in the same manner as the original appointment. Members may be removed For cause by a majority vote of the city council. Members shall be selected without respect to political affiliation and may receive mileage and per diem compensation as provided by the city council. (3) Organization: The commission shall elect a chairperson and create and fill any other office it may deem necessary. The commission may establish subcommittees, advisory committees or neighborhood groups to advise and assist in carrying out responsibility under this article and provision of the Idaho Code. The commission may appoint nonvoting, ex officio advisors as may be deemed necessary. (4) Rules, Records And Meetings: Written organization papers or bylaws consistent with this article, Idaho Code, and other laws of the state for the transaction of business of the commission shall be adopted. A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. All meetings and records shall be open to the public. At least one CI) regular meeting shall be held each month for not less than nine (9) months in a year. A majority of currently appointed voting members of the commission shall constitute a quorum. (5) Expenditures And Staff: With approval of the city council through the legallX required budgetary process, the commission may receive and expend funds, goods, and services from the federal government or agencies and instrumentalities of state or local government or from civic and private sources and may contract with these entities and provide information and reports as necessary to secure aid. Expenditures by the commission shall be within the amounts appropriated by the city council. Within such limits, any commission is authorized to hire or contract with employees and elinieal technical advisors, including, but not limited to, planners, engineers, architects and legal assistants. ®rd. 3470 —Page 2 Section 2. This ordinance shall be in full force and effect as of December 27, 2022, following its publication according to law. Section 3. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed, as of the effective date hereof. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 20th day of December 2022. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 20th day of December 2022. Mayor Jarom ATTEST: Lity Caerk (or 1Jeputy) Ord. 3470 —Page 3 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO, 3470 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 2, ARTICLE 15, SECTION 0245-01: COMMISSION INFORMATION, OF THE CALDWELL CITY CODE, PERTAINING TO THE COMMISSION CREATION, MEMBERSHIP, ORGANIZATION, RULES RECORDS AND MEETINGS, AND EXPENDITURES AND STAFF; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Section 1: Amends Chapter 2, Article 15, Planning and Zoning Commission, Caldwell City Code, limiting the term years served and consecutive terms, and provides minor text additions for consistency with Idaho Code. Sections 2 through 4: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law; provides for severability; repeals conflicting ordinances, resolutions, and orders. Ordinance No. 34 provides an effective date, which shall be on the 27th day of December, 2022.Ordinance No. 34 was passed by the Council and approved by the Mayor on the 20day of December, 2022. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 20th day of December, 2022, for publication on the 26th day of December, 2022, pursuant to Idaho Code § 50-901A. Mayor Jarom Wagoner ATTEST: Debbie Geyer, City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 34 and provides adequate notice to the public as to the contents of such ordinance. DATED this 201' day of December, 2022. Mark Hilty, Attorney for City of Caldwell