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Home My Public Portal AboutOrd. 900 - McCall Area P&Z Commission Term LimitsORDINANCE NUMBER 900 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3, CHAPTER 12, SECTION 2, (MCC 3.12.02) TO ALIGN WITH IDAHO CODE 67-6504 TO ALLOW McCALL AREA PLANNING AND ZONING COMMISSION MEMBERS TO SERVE MORE THAN TWO CONSECUTIVE TERMS UPON CONCURRENCE OF TWO THIRDS OF THE GOVERNING AUTHORITY VOTING ON THE APPOINTMENT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an application for approval of code amendments, pursuant to MCC 1-1-3, was submitted by the City of McCall on April 5, 2012; and WHEREAS, Idaho Statute 67-6504 authorizes a city council or board of county commissioners to establish by ordinance a planning and zoning commission; and WHEREAS, MCC 1-10-2 provides for the establishment of the McCall Area Planning and Zoning Commission; and WHEREAS, Idaho Statute 67-6504 states that Planning and Zoning Commission members shall serve no more than two consecutive terms without specific concurrence by two-thirds (2/3) of the governing board voting on the appointment; and WHEREAS, the McCall Area Planning and Zoning Commission at the April 3, 2012 meeting directed City staff to prepare a code amendment ordinance to allow members to serve more than two (2) consecutive terms upon two-thirds (2/3) concurrence of the governing boards; and WHEREAS, the McCall Area Planning and Zoning Commission held a properly noticed and regularly scheduled public hearing on May 1, 2012 to consider these proposed code amendments; and WHEREAS, at its May 1, 2012 meeting the McCall Area Planning and Zoning Commission recommended this proposed Code Amendment for approval by the McCall City Council and Valley County Board of Commissioners; and WHEREAS, the City Council held a properly noticed and regularly scheduled public hearing on June 14, 2012 to consider the proposed code amendments; and WHEREAS, the code amendments were approved by the McCall City Council at a regularly scheduled and properly noticed public meeting on June 14, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS: Ordinance Number 900: McCall Area Planning and Zoning Commission Term Limits Page 1 of 2 June 14, 2012 Section 1: McCall City Code Section 3.12.02: QUALIFICATIONS; TERM OF OFFICE: is amended with the following changes: (A) Commission shall consist of seven (7) members: four (4) appointed by the mayor with the consent of the council, and three (3) appointed by the board. Appointments shall be made without respect to affiliation. All members shall be residents of the city or the area of city impact for a period of at least two (2) years prior to appointment. (B) The members in office on March 16, 2006, shall continue in office each for her or his unexpired term. Thereafter, their successors shall be appointed for and shall hold office for a term of three (3) years. By law, m Each Member may shall serve far no more than two (2) full consecutive terms except where approved by two-thirds (2/3) concurrence of the governing authority which appointed him or her and duly adopted by motion and recorded in the minutes; filling the remainder of an unexpired term with more than two and one-half (2 1/2) years remaining will qualify as a full term. Members may be removed by a majority vote of the governing authority which appointed them. The governing authority may remove a member for unacceptable performance of their duties, including, but not limited to, chronic absenteeism. In the event of the death, resignation, or any other vacancy in the commission, the vacancy shall be filled in accordance with subsection (A) of this section. Effective Date. That this ordinance shall take effect and be in full force upon its passage, approval, and publication, and upon the adoption of a corresponding ordinance by the Board of Commissioners for Valley County, Idaho, and upon the publication of the same in accordance with Idaho law. PASSED AND APPROVED BY THE MAYOR AND THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 14 DAY OF JUNE, 2012. .� ,e ,°I„MCCA *, # 10* r Attest: By BessieJo Wainer, City Approved;._ By( Do i d C. Bailey, Mayor Ordinance Number 900: McCall Area Planning and Zoning Commission Term Limits Page 2 of 2 June 14, 2012 City of McCall Certificate of Recording Officer STATE OF IDAHO } } County of Valley } I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 900 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on June 14, 2012 and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting and that a legally sufficient number of members of the Council voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho this 15 day of June 2012. BessieJo Wi'agner, City`l✓lerk A SUMMARY OF ORDINANCE NO.900 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING MCCALL CITY CODE TITLE 3, CHAPTER 12, SECTION 2, (MCC 3.12.02) TO ALIGN WITH IDAHO CODE 67-6504 TO ALLOW McCALL AREA PLANNING AND ZONING COMMISSION MEMBERS TO SERVE MORE THAN TWO CONSECUTIVE TERMS UPON CONCURRENCE OF TWO THIRDS OF THE GOVERNING AUTHORITY VOTING ON THE APPOINTMENT, AND PROVIDING AN EFFECTIVE DATE. This ordinance in particular amends section 3.12.02 QUALIFICATIONS; TERM OF OFFICE of Title 3 of the McCall City Code to provide that McCall Area Planning and Zoning Commission Members may serve more than two consecutive terms upon a two-thirds concurrence by the governing board, as provided in Idaho Statute 67-6504.. This ordinance is effective immediately after its passage and publication as required by law. The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 14 DAY OF JUNE, 2012. ATTEST: By BessieJo Warner, City erk Ordinance 900 Summary June 14, 2012 • Approved: By r Dbfiald C. Bailey, Mayor ORDINANCE SUMMARY CERTIFICATION Ordinance No. 2012-900 Certification of City Legal Advisor of the Summary prepared for the above -numbered Ordinance The undersigned City of McCall Legal Advisor, having reviewed the above - numbered Ordinance and the Summary for the above -numbered Ordinance, believes the Summary of the above -numbered Ordinance is true and complete and that it provides adequate notice to the public of the identity and principal provisions of the Ordinance. Dated this 14 day of June, 2012. William F.1Vichols