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HomeMy WebLinkAboutORD 2816BILL 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. (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 1 St day of January and ending on December 31 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. 2 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. 3 (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 1St day of February, 2010. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 1St day of February, 2010. Garret Nancolas, Mayor ATTEST: Debbie Geyer, City C k 4