HomeMy WebLinkAboutORD 2891BILL NO. 32
ORDINANCE NO. 2891
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 1, ARTICLE 7, SECTION 01- 07 -03, OF THE CALDWELL CITY CODE, TO
BE CONSISTENT WITH RECENTLY AMENDED IDAHO CODE § 50 -412
REQUIRING THAT THE COUNTY COMMISSIONERS CANVASS THE RESULTS OF
ALL ELECTIONS, AND DELETING CHAPTER 1, ARTICLE 7, SECTION 01- 07 -05, TO
ELIMINATE REQUIREMENTS FORMERLY MADE OF THE CITY CLERK WHICH
ARE NOW THE RESPONSIBILITY OF THE COUNTY CLERK; 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 1, Article 7, Section 01- 07 -03, of the Caldwell City Code, at subsection
(11) thereof, is amended as follows:
(11) Canvass of Returns: Pursuant to Idaho Code § 50 -412 the count
commissioners are responsible to meet within ten (10) days following any ny election for the
purpose of canvassing the results of said election. Following receipt eceipt of the results of said
canvass by the city clerk, the results of the election are to be entered in the minutes at the
next city council proceeding and proclaimed as final. Th rya,,yor- and ' Meet
within five (5) days after- said eleetion to eanvass the votes eas! at sueh eleetion, and
City Qefk shall immediately announee the restilts, Any initiative measure approved by a
majority of the votes cast shall be in full force and effect from the date of sueh
affliOUReeffi said results are entered into the minutes of the city council proceeding and
p roclaimed as final. Any ordinance which is the subject of a referendum receiving less
than a majority of the votes cast shall be repealed, effective on the date of see
-ri said results are entered into the minutes of the city council proceeding and
proclaimed as final
Section 2: That Chapter 1, Article 7, Section 01- 07 -05, of the Caldwell City Code, be repealed,
stricken and deleted, in its entirety.
Section 3. This ordinance shall be in full force and effect from and after its passage, approval,
and publication, according to law.
Section 4. 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
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full force and effect and shall be read to carry out the purposes of the ordinance before the
declaration of partial invalidity.
Section 5. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 5th day of
December, 2011.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 5th day of
December, 2011.
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Mayor Garret L. Nancolas
ATTEST:
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City Clerk
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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2891
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER
1, ARTICLE 7, SECTION 01- 07 -03, OF THE CALDWELL CITY CODE, TO BE CONSISTENT
WITH RECENTLY AMENDED IDAHO CODE § 50412 REQUIRING THAT THE COUNTY
COMMISSIONERS CANVASS THE RESULTS OF ALL ELECTIONS, AND DELETING
CHAPTER 1, ARTICLE 7, SECTION 01- 07 -05, TO ELIMINATE REQUIREMENTS
FORMERLY MADE OF THE CITY CLERK WHICH ARE NOW THE RESPONSIBILITY OF
THE COUNTY CLERK; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND
PARTS THEREOF IN CONFLICT HEREWITH.
Sections 1 and 2: Amends Chapter 1, Article 7, Section 01- 07 -03, of the Caldwell City Code, at
subsection (11) thereof, by referring to the county commissioners as the party responsible for the canvass
of elections, as required by Idaho Code § 50412; Repeals, strikes and deletes Chapter 1, Article 7,
Section 01- 07 -05, to eliminate requirements formerly placed upon the city clerk which are now the
responsibility of the county clerk under state law.
Sections 3 through 5: 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. 2891 provides an effective date, which shall be when published in the Idaho Press Tribune
on the 12th day of December, 2011. Ordinance No. 2891 was passed by the Council and approved by the
Mayor on the 5th day of December, 2011. 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 5th day of December, 2011, for publication on the 12th day of December, 2011, pursuant
to Idaho Code § 50 -901 A.
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. 2891 and provides adequate notice to the public as to
the contents of such ordinance.
DATED this 5th day of December, 2011
(' Mark Hilty, Attorney for City of Caldwell