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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO.2816
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL CREATING
CHAPTER 2, ARTICLE 32 OF CITY CODE CONCERNING THE CREATION OF THE
CALDWELL PATHWAYS AND BIKE ROUTES COMMITTEE; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT
HEREWITH.
Section 1: Adds Sections 02-32-01 through 02-32-06 of the Caldwell City Code, concerning the
Pathways and Bike Routes Committee, as follows:
(1) Findings: Establishes findings that support the creation of this committee.
(2) Pathways and Bike Routes Committee Created: Formally authorizes the Mayor and City
Council to establish a committee.
(3) Committee Member Appointments, Terms, and Qualifications: Establishes an unlimited
number of committee members that are nominated by the Mayor and approved by the City
Council that will serve a term of three (3) years.
(4) Committee Organization and Officers: The Committee shall elect a Chairman who shall work
with the Planning & Zoning Director on setting a meeting agenda and conducting meeting and
a Vice -Chairman who will assume the duties of the Chairman in the absence of the Chairman.
(5) Meetings/Records: Ensures compliance with the Open Meeting Law; establishes a quorum;
dictates the frequency of meetings; and the keeping of minutes and records.
(6) Committee Duties and Authorities: The committee shall report to the Planning & Zoning
Director; the Planning & Zoning Director shall present the committee's recommendations to
the Mayor and City Council; the committee shall make recommendations on budget
appropriations; the committee shall recommend amendments to the Pathways and Bike Routes
Master Plan.
Section 2: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 3: Provides for severability.
Section 4: Repeals conflicting ordinances, resolutions and orders.
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Ordinance No. 2816 provides an effective date, which shall be when published in the Idaho Press
Tribune on the 81h day of February 2010. Ordinance No. 2816 was passed by the Council and
approved by the Mayor on the I" day of February 2010. The full text of the Ordinance is available at
Caldwell Planning & Zoning Department, 621 Cleveland Boulevard, Caldwell, Idaho. The Mayor and
City Council approved the foregoing summary on the I" day of February 2010 for publication on the
8`h day of February 2010, pursuant to Idaho Code 50-901A.
Mayor Garret L. Nancolas
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. 2816 and provides adequate notice to the public as to
the contents of such ordinance.
DATED this Ist day of February 2010
Mark Hilty, Attorney for City of Caldwell
7 '00)
BILL NO. 1
ORDINANCE NO.2816
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 2 OF THE CALDWELL CITY CODE BY THE ADDITION OF ARTICLE
32; SETTING FORTH FINDINGS, PROVIDING FOR THE CREATION OF THE
PATHWAYS AND BIKE ROUTES COMMITTEE; ESTABLISHING MEMBERSHIP
APPOINTMENT, TERMS, QUALIFICATIONS, ORGANIZATION AND MEETINGS;
PROVIDING FOR DUTIES AND AUTHORITY; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and City Council of the City of Caldwell, County of
Canyon, state of Idaho:
Section 1: That Chapter 2 of the Caldwell City Code be amended by the addition of Article
32 to read as follows:
Article 32
PATHWAYS AND BIKE ROUTES COMMITTEE
02-32-01: FINDINGS:
(1) The City of Caldwell is a Public Highway Agency under Idaho law and has the right to
create, operate, maintain and exercise jurisdiction over public rights -of -way including
highways and highway appurtenances excepting highways under the jurisdiction of the
Idaho Transportation Department; and
(2) The City has the right to create, operate, maintain and exercise jurisdiction over
recreational and cultural facilities, including parks, pedestrian and bike pathways, routes
and facilities; and
(3) The City has under its jurisdiction various pedestrian pathways and bike routes both
within its highway system and in conjunction with its recreational parks and facilities;
and
(4) It is in the best interest of the public health, safety and welfare of persons residing,
working and who otherwise are within the City of Caldwell that the City engage in
master planning for pedestrian pathways and bike routes which are constructed or are to
be constructed within the City including those privately constructed and maintained and
those publically constructed and maintained.
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(5) It is desirable and necessary in order to provide for public input and involvement and to
provide attention to, direction for and implementation of master planning for pedestrian
pathways and bike routes.
(6) Pursuant to Idaho Code § 50-210, the Council has the authority to create and appoint
such committees as it deems necessary or expedient to assist the Mayor and Council in
better carrying out the responsibilities of their offices.
02-32-02: PATHWAYS AND BIKE ROUTES COMMITTEE CREATED:
The Mayor and City Council do hereby establish the Pathways and Bike Routes Committee
[may also be referred to as the PBRC] as a permanent committee of the City.
02-32-03: COMMITTEE MEMBER APPOINTMENT, TERMS, QUALIFICATIONS:
Committee members shall be appointed by the Mayor subject to advice and approval of the
City Council.
(1) Term: Committee members shall be appointed for a term of three (3) years
commencing the I" day of January and ending on December 3151. There shall be no
limit to the number of committee members appointed by the Mayor and City Council.
Any vacancy on the Committee shall be filled by appointment in the same manner and
Committee members so appointed shall serve only for the remainder of the term which
is vacant.
(2) Qualification for Membership: Persons interested in receiving an appointment to this
Committee shall demonstrate an interest and history with biking, pathways and/or
master planning and have expressed an interest in serving on the Committee and
demonstrate their significant ties to the City.
02-32-04: COMMITTEE ORGANIZATION AND OFFICERS:
The Committee shall elect among its members at the first meeting held in each calendar year
a Chairman and Vice Chairman.
(1) The Chairman shall coordinate with assigned City staff for the determination of and the
posting of the agenda for each meeting and shall conduct the meetings of the
Committee.
(2) The Vice Chairman shall assume the duties of the Chairman in the absence of the
Chairman.
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02-32-05: MEETINGS/RECORDS:
(1) Open Meeting Law Compliance: The Committee shall conduct its meetings in
accordance with the Open Meeting Law of the state of Idaho.
(2) A majority of the Committee members shall constitute a quorum of the Committee to
conduct the business of the Committee.
(3) The Committee shall have at least four (4) meetings per year and may conduct such other
meetings as the Committee determines necessary.
(4) Minutes of the meetings shall be taken and kept by the Planning and Zoning Director or
the Director's designee.
(5) Records and materials of the Committee shall be in the custody of the Planning and
Zoning Department under the direction of the Director.
02-32-06: COMMITTEE DUTIES AND AUTHORITY:
The Committee shall be responsible for the ongoing pedestrian pathway and bike route
master planning and shall monitor the implementation of the City's adopted Pathway and
Bike Routes Master Plan.
(1) The Committee shall report to the Planning and Zoning Director.
(2) The Planning and Zoning Director shall report the recommendations and/or requests of
the Committee to the appropriate City Board, Commission, Department, Mayor or City
Council, as appropriate.
(3) The Committee may make recommendations regarding City budget appropriations
needed to fund pathway master planning implementation and Committee expenses.
(4) The Committee members, when authorized by the Committee and upon notice to the
Planning and Zoning Director, may appear before any City Board, Commission,
Department or before the Mayor or City Council, as the case may be, in the performance
of the Committee's duties and authority.
(5) The Committee has original jurisdiction review of any proposed changes, repeals or
other revisions to the City's adopted Pathway and Bike Routes Master Plan.
(6) The Committee, in the process of initiation and/or review of any proposed changes,
repeals or other revisions to the City's adopted Pathways and Bike Routes Master Plan,
shall provide the same to the Public Works Director and any other relevant and affected
Department of the City and request their comment and advice before the Committee
makes any final recommendation.
(7) The Committee shall, through the Planning and Zoning Director, report its
recommendations concerning any Pathway and Bike Routes Master Plan amendments
and/or changes to the Planning and Zoning Commission.
(8) The Committee shall submit Committee approved expense payments to the Planning
and Zoning Director.
(9) The Committee shall have all reasonable ancillary authority to carry out its duties and
authority.
Section 2: This ordinance shall be in full force and in effect from and after its passage,
approval and 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 or parts thereof in conflict herewith are hereby
repealed, rescinded and annulled.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 15`
day of February, 2010.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 1'`
day of February, 2010.
Garret Nancolas, Mayor
ATTEST:
Debbie Geyer, City Clerk
APPLICATION FOR ORDINANCE AMENDMENT
City of Caldwell Planning and Zoning Department
621 E. Cleveland Blvd,, Caldwell, ID 83605
Phone: (208) 465-3021
APPLICANT:
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ADDRESS, CITY, STATE, ZIP. (,,� ( eev[ Lake CrGt lv{c� e ac`36as—
* APPLICANT EMAIL: r�l,M C'r'- Ca[ 1040 1
{• Requested so we may email the applicant od R taff ep rt}
ATTACHMENT:
)d Copy of the proposed ordinance amendment
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I understand this application will not be considered complete (nor will a hearing date be scheduled) until
all required information has been submitted and verified for due process consideration. All the
information, statements, attachments, and exhibits transmitted with this application are true to the best of
my knowledge.
SIGNATURE --
DATE l" d— lD
11 FOR OFFICE USE ONLY
FEES: $ Date Received: Received by: Verification of Completeness By: Date:
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