HomeMy WebLinkAboutOrd 3635BILL NO.74
ORDINANCE NO.3635
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, REPEALING
CHAPTER 2, ARTICLE 31, SECTIONS 02-31-01 THROUGH 02-31-07, OF THE
CALDWELL CITY CODE, INCLUSIVE, PERTAINING TO THE FRIENDS OF THE
CALDWELL DEPOT ASSOCIATION, AND REPLACING SAID ARTICLE WITH THE
PLACEHOLDER, "REPEALED," THEREBY TERMINATING AND DISSOLVING SAID
ASSOCIATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
---- SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS
AND PARTS THEREOF, IN CONFLICT HEREWITH.
WHEREAS, by Resolution No. 45-04, adopted May 4, 2004, the Caldwell City Council
organized the Friends of the Caldwell Depot Association, sometimes also known as Friends of the
Depot, Friends of the Caldwell Depot, and Friends of the Depot Association, all intended to refer
to the same association or organization, for the stated purposes of renovating, restoring, and
preserving the Caldwell Train Depot in downtown Caldwell, to cooperate with other interested
parties in harmonizing the varying community purposes thereof, and to preserve promote, and
educate the general public concerning the history of the City of Caldwell and, specifically, its
_ railroad and railroad related facilities, equipment, and companies operating in Caldwell and in the
Treasure Valley;
WHEREAS, Ordinance No. 2782 was adopted by the Caldwell City Council on January 5,
2009, recognizing the Friends of the Caldwell Depot Association in the Caldwell City Code,
stating its authority relating to the purposes set forth above, directing that its membership adopt
bylaws, and directing it to hold meetings a minimum number of times per year in order to carry
out its purposes, which provisions were later amended by Ordinance 3405, on March 21, 2022;
WHEREAS, the Friends of the Caldwell Depot Association adopted and, over time,
amended its bylaws and/or articles of organization in cooperation with and with the approval of
the City Council, and has served the purposes for which it was created;
WHEREAS, in 2024, discussions commenced between members of the Friends of the
Caldwell Depot Association and representatives of the City of Caldwell regarding the need and
desirability for the continuing existence of the Association, given such factors as a reduction in
school field trips resulting from school district budget cuts, the need for additional restorative work
at the train depot beyond the scope of the Association's budget, growing requests by members of
the public for use of the train depot for activities beyond the scope of its current uses under the
management of the Association, the increasing difficulty of maintaining a sufficient number of
volunteers to properly sustain the Association, and, generally speaking, recognizing that the
highest and best use of the Caldwell Train Depot facility may no longer require the ongoing
existence of the Association;
WHEREAS, in a Special Meeting of the Friends of the Caldwell Depot Association held
October 5, 2024, a motion was made and approved to support the dissolution the Friends of the
Caldwell Depot Association, followed by a second approved motion recommending that the train
depot "museum" be closed, that the funds remaining in the financial account pertaining to the
Association (by the City of Caldwell) be retained by the City of Caldwell for future upgrades,
repairs, and maintenance of the Caldwell Train Depot facility, and making recommendations
relating to the City of Caldwell's disposition of items collected by and donated to the Association
and its museum over the years;
WHEREAS, the recommendations by the Association require the approval and action of
the Caldwell City Council in order to be accomplished; and
WHEREAS, the Caldwell City Council is of the opinion that the mission and purposes of
the Friends of the Caldwell Depot Association have been achieved, that the continued existence of
the Association is no longer necessary, and that actions recommended by the Association and set
forth in this ordinance are, therefore, in the best interests of the City of Caldwell and its residents.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon,
State of Idaho:
Section 1. That Chapter 2, Article 31, Sections 02-31-01 through 02-31-07 of the
Caldwell City Code, inclusive, pertaining to the Friends of the Caldwell Depot Association, be
repealed, in its entirety, and that said Chapter 2, Article 31 be preserved for future legislation by
replacing said Article with the following placeholder: "REPEALED," said action being taken for
the express purpose that the Association, which was created by an action of the City Council, now
be terminated and dissolved by this Ordinance.
Section 2. That all remaining funds held by the City of Caldwell related to the Friends
of the Caldwell Depot Association, which already were and which will remain funds of the City
of Caldwell, be retained by the City of Caldwell for future upgrades, repairs, and maintenance
needed at the Caldwell Train Depot.
Section 3. That the City Clerk shall commence a review of all tangible personal
property heretofore held or managed by the Association, including, but not limited to, items which
were purchased by, transferred to, donated to, or in any manner acquired by the City of Caldwell
in connection with the activities of the Association, such as museum artifacts and other items of
historical or other significance. Following the City Clerk's review of said property, the City Clerk
shall dispose of such property as is found to be "surplus" in accordance with Chapter 1, Article 13,
of the Caldwell City Code, and applicable state law.
Section 4. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
PAGE2
Section 5. 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 6. All ordinances, resolutions, orders and parts thereof in conflict herewith
are repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 2nd day
of December, 2024.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 2nd
day of December, 2024.
Mayor JAR AGONER
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JAN IS
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F.V8 36
City Clerk, DEBBIE GEYE
(or Deputy)
PAGE 3
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3635
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, REPEALING CHAPTER
2, ARTICLE 31, SECTIONS 02-31-01 THROUGH 02-31-07, OF THE CALDWELL CITY CODE,
INCLUSIVE, PERTAINING TO THE FRIENDS OF THE CALDWELL DEPOT ASSOCIATION,
AND REPLACING SAID ARTICLE WITH THE PLACEHOLDER, "REPEALED," THEREBY
TERMINATING AND DISSOLVING SAID ASSOCIATION; PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH.
Sections 1 through 3: Repeals Chapter 2, Article 31, Sections 02-31-01 through 02-31-07 of the Caldwell
City Code, inclusive, pertaining to the Friends of the Caldwell Depot Association, and expressly terminates
and dissolves said Association; directs that the remaining funds held by the City relating to the Association
be retained for future upgrades, repairs, and maintenance needed at the Caldwell Train Depot; and directs
the City Clerk to commence a review of the tangible personal property heretofore held or managed by
the Association, determining which of such property is "surplus," and disposing of said property
in accordance with city and state law.
Sections 4 through 6: 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. 3635 provides an effective date, which shall be on the loth day of December, 2024.
Ordinance No. 3635 was passed by the Council and approved by the Mayor on the 2nd day of December,
2024. 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 2nd day of December, 2024,
for publication on the loth day of December, 2024, 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 and complete summary of
Ordinance No. 36)X16nd provi eq we notice to
the public as to jgejdonjof such ordinance.
2nd day of December, 2024.
Attorney for City of Caldwell