HomeMy WebLinkAboutORD 2940BILL NO. 19
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AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL REPEALING
CHAPTER 2, ARTICLE 21, IN ITS ENTIRETY, SECTIONS 02 -21 -01 THROUGH 02 -21-
06 INCLUSIVE, ENTITLED "CALDWELL DESIGN REVIEW COMMISSION ", AND
ADOPTING A NEW CHAPTER 2, ARTICLE 21, SECTION 02- 21 -01, ENTITLED
"TRUSTEES OF THE CITY OF CALDWELL EMPLOYEE BENEFIT PLAN TRUST
AGREEMENT"; 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, Article 21, Sections 02 -21 -01 through 02- 21 -06, inclusive,
of the Caldwell City Code, entitled, "Caldwell Design Review Commission," is hereby repealed
in its entirety.
Section 2: That a new Chapter 2, Article 21, Section 02- 21 -01, of the Caldwell City
Code, entitled, "Trustees of the City of Caldwell Employee Benefit Plan Trust Agreement," is
hereby adopted, as follows:
02- 21 -01: TRUSTEES OF THE CITY OF CALDWELL EMPLOYEE BENEFIT
PLAN TRUST AGREEMENT:
This section codifies, ratifies and recognizes the appointment of Trustees pursuant to the
"City of Caldwell Employee Benefit Plan Trust Agreement" (referred to hereinafter in
this section as "Trust Agreement "). executed on or about September 2, 2008. The
purpose of said document, in part, and by its own stated terms, is "to provide for the
payment of Eligible Expenses incurred by Plan Participants for certain services. " The
Trust Agreement appoints as the initial Trustees (1) the Human Resources Director for
the City of Caldwell and (2) the Finance Director /Treasurer for the City of Caldwell. It
further provides that the Trustees shall be allowed to appoint ex- officio members or
administrative staff as needed, upon notification to City Council. The Trust Agreement
further contains provisions relating to the term of each Trustee, the processes for
resignation or removal and for the appointment of successor trustees, notice for and
meetings of Trustees, voting, powers, record- keeping, liability, and providing for the
promulgation of rules and regulations pertaining to the sound and efficient administration
of the Trust Agreement. A copy of the Trust Agreement, as it may be amended from
time to time, and information relating to the identity of currently serving Trustees shall be
available to the public upon request made to the City Clerk.
ORDINANCE No. 2940 -PACE: t
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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2940
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL REPEALING CHAPTER
2, ARTICLE 21, IN ITS ENTIRETY, SECTIONS 02 -21 -01 THROUGH 02 -21 -06 INCLUSIVE,
ENTITLED "CALDWELL DESIGN REVIEW COMMISSION ", AND ADOPTING A NEW
CHAPTER 2, ARTICLE 21, SECTION 02- 21 -01, ENTITLED "TRUSTEES OF THE CITY OF
CALDWELL EMPLOYEE BENEFIT PLAN TRUST AGREEMENT "; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT
HEREWITH.
Sections 1 and 2: Repeals Chapter 2, Article 21, Sections 02 -21 -01 through 02- 21 -06, entitled "Caldwell
Design Review Commission," in its entirety; Adopts a new Chapter 2, Article 21, Section 02- 21 -01,
entitled, "Trustees of the City of Caldwell Employee Benefit Trust Agreement," which codifies, ratifies
and recognizes the appointment of the Human Resources Director and the Finance Director /Treasurer as
the initial Trustees of the City of Caldwell Employee Benefit Trust Agreement, noting that the two initial
trustees have the authority to appoint additional ex- officio members or staff as needed, upon notification
to City Council, stating that rules governing the Trustees are found in the Trust Agreement, and providing
that copies of said Trust Agreement, as well as the identity of currently serving Trustees, are available to
the public upon request made to the City Clerk.
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. 2940 provides an effective date, which shall be when published in the Idaho Press Tribune
on the 8th day of July, 2013. Ordinance No. 2940 was passed by the Council and approved by the Mayor
on the I st day of July, 2013. 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 1 st
day of July, 2013, for publication on the 8th day of July, 2013, pursuant to Idaho Code § 50 -90 IA.
Mayor Garret L. Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
1 have reviewed the foregoing summary and believe
that it provides a true and complete summary of Ordinance
No. 2940 and provides adequate notice to the public as to
the contents of such ordinance.
DATED this I st day of July, 103
Mark Hilty, Attorney for City o aldwell