HomeMy WebLinkAboutORD 3024 BILL NO. 38
ORDINANCE NO. 3024
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL ESTABLISHING
AND FIXING THE RULES OF PROCEDURE FOR PUBLIC HEARINGS BEFORE THE
CITY COUNCIL; 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 Council of the City of Caldwell, County of
Canyon, State of Idaho:
Section 1. The following rules are hereby established and shall be observed in the
conduct of any Public Hearing before the City Council of the City of Caldwell. These shall be
known as the"Public Hearing Rules of Procedure":
1.1 All members of the audience will be permitted to testify or speak before
the City Council at a Public Hearing. In order to be called upon to testify during a Public
Hearing, a person must sign their name and write their residential or business address on
a sign-up sheet provided by the City before speaking at the Public Hearing.
1.2 After all those who have signed-up to testify have spoken, the Mayor may
request additional public comment from other members of the audience, if appropriate.
All parties will be required to state their name and address for the record in addition to
signing their name and writing their residential or business address on the sign-up sheet.
This rule does not apply to staff or technical witnesses directed by the Mayor to give
evidence or information to the City Council.
1.3 No person will be permitted to speak before the City Council at a Public
Hearing until such person has been recognized by the Mayor.
1.4 All Public Hearing proceedings must be recorded electronically or
stenographically and all persons speaking at such Public Hearings must speak before a
microphone in such a manner that will assure that the recorded testimony or remarks will
be accurate and trustworthy. At any time, the Mayor may order that the record be
transcribed. If a party other than an official of the City requests that the record be
transcribed, he must request that the Mayor order the transcription, and all costs of
preparing the transcript must be paid in advance by the party requesting.
1.5 In the notice of the Public Hearing, or at the commencement of the Public
Hearing, the Mayor may establish a time limit to be observed by all speakers. The time
limit will be established depending on the number of speakers who sign up for each
Public Hearing and will apply only to the speaker's comments. The Mayor may also,
either in the notice of the Public Hearing, or at the close of the Hearing, indicate that
written testimony will be received and set a date and time when such written testimony
must be submitted in order to be included in the written report.
1.6 The speaker must not be interrupted by members of the City Council until
BILL No.38,ORD.No.3024-PAGE 1
[its time limit bu� been expended oruuiJlie has finished his statement.
L7 /\{ the conclusion of' uspeukor^x comments. each Ci{yCnoociiporoou,
when recogniZed by the Mayor, will be allowed to question the speaker and the speaker
will bo |io'iiedto answers tu the gutotiooyasked. I lie question and answer period will not
heiou\udoJio the speaker's time |inui1` anestablished.
1,8 When the Puh|itf fearing iu quasi-judicial inuak/re. (it one after which the
('try Council is required byia" to make n[ 2acj� each speaker nius( swear or
affirm that his lruiizuouy will hm true and correct.
1.9 Au|ypr/youuotu)o8`uniu& touuyo�Lhtuhov, nu|osruuybuy,o6i6i\od
6nnu »ptuWu& duziog tire Public Hrurno�. Should uuy person rc5mo <u comply with such
prohibition. beruuybcronuovod front the rovooby order uftbcMayor.
L|0 The City Council may suspend orx/umn] any 0000r more u/`thtoe rules by
u vote uIooc'hu![p|os one oI'(b* ful| CJ�VCnuuui\. �
1.11 Hie &layuxhas the uv1bori<y \u interpret and apply the fhr*go/u� nu)oo,
a/hJrot touu appeal k, die Ci(? Conned, Whose decision will be determined hyo majority
vote uf(bt Council u\cnubmo; p»nscun.
1.12 b` cases where the Muyo/ iu absent frnu� the Public >[cu/iu8urv/herud\c
�o Hearing
Council o/ presiding uxoioi| nntrnhcr will 6Jt3l the Jo\io, o|'dhu Mayor described burc}o.
Section 2: Has ordinance shall 6tiu full force uod effect 6zou and after its passage.
approval, and publication, according, it) Jaw,
Section 3: 1 his ordinance is hereby declared u, kustvcrnb}o. lf any pur6"uo[ this
ordinance io declared invalid byu court vt'cuoqpt(ou| jurisdiction, the remaining provisions shall
vvofioueiu full force and cOoc\ and shall ho read 1v carry DUI (lie purposes of' (lie ordinance
kr8>ru the dec|urutionu[ partial invalidity,
Section 4: All nnliuuo*uo, resolutions, orders and parts thereof' iu conflict herewith
are repealed.
pA8SLD BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 19|h
(lay "[Jmnuun^ 2v16.
APPROVED BY THE MAYOR Oy THE CITY OF CALDWELL, IDAHO, this
|*th day oƒJanuary, 201h.
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Mayor 0uo�Nuuo luo L¢y [imu \J
Bu�Mn���,0uo�Mo�3�24'P�cu% �~�^—'`^^"^���
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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO.3024
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL ESTABLISHING AND
FOUNG THE RULES OF PROCEDURE FOR PUBLIC HEARINGS BEFORE THE CITY
COUNCIL; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY;
AND REPEALING ALL ORDINANCES,RESOLUTIONS,ORDERS AND PARTS THEREOF,IN
CONFLICT HEREWITH.
Section 1: Enacts rules of procedure for public hearings before the City Council by providing instructions
and requirements for attendees that wish to testify by providing authority and instructions for the Mayor
and City Council to conduct public hearings; and by providing that such rules shall be observed in the
conduct of public hearings before the City Council of the City of Caldwell.
Sections 2 through 4: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.3024 provides an effective date,which shall be on the 26th day of January,2016.Ordinance
No.3024 was passed by the Council and approved by the Mayor on the 19th day of January,2016.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 19th day of January,2016,for publication
on the 26th day of January,2016,pursuant to Idaho Code§ 50-901 A.
Mayor Garret 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. 3024 and provides
adequate notice to the public as to the contents of
such ordinance.
DATED this 19th day of Jan 2016.
Mark Hilty,Attorney fo, Ci of id