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Home My Public Portal AboutOrd. 478 - Establishing & Fixing Rules of Procedure for Public Hearingsti• _ORDINANCE NO. >4.-<,7- . . . . . ..• • . . . . _ . - . AN ORDINANCE'ESTABLISHING AND FIXING RULES OF'pRO- _CEDURE FOR PUBLIC HEARINGS .BEFORETHE PLANNING AND 'ZONING COMMISSION. AND THE CITY COUNCIL OF. THE CITY OF McCALL.PURSUANT TO IDAHO:CODE SECTION 67-6534;, AND PROVIDING EFFECTIVE DATE. . . . - . . . . . • • . . . J3E.IT'ORDAINED BY THE'MAYOR AND COUNCIL OF THE . . .. CITY OF M6CALL, IDAHO: . . - - . ' Section'l• 'the:following rules of -procedure are hereby established -for the'cbriduct of any public hearing before the Planning and 7.oning CommisSion or before the. City -Council of . the city of McCall,.pursuant to.the ',Idaho- Local Planning Apt, . Idaho. Code.Sections..67-6501,- et sect. -,'and. shall be knoWn as the. City of -McCall Rules for Condubt of Public Hearings: .• . . • . ,--- _ . .. . • . (a) No Person shall be permitted to speak before the .. :Planning and Zoning Commission or City. Council at' a Public' :- ..Hearing until Such person has-been recbgnized.by.the -Chairman or the Mayor. • ' ' . . . . (b) All-prdceedings; shall be recorded electronically .Or .sten6graphically 'and all persbnS speaking at --such hearings - , , ,shall-Speak-rbefore a microphone in such a.manner as to ensure ..:the accuracy of the recorded testimony and remarks _A person' .. desiring. to testify may also submit --written .testimony at amy ' ' time prior tothe conclusion Of.the-pubiic hearing. Written - testimony.may 'be entertained after.the close of the public . 'hearing at -the diSbtetionbf.the Chairman or Mayor. IginUtes of each meeting shall -"be -kept and retained•as prbvided by law... , • . • . .. .. ,_ . . . • . . . -. - (c), .At the:Commencepent.of.the.,pUblic heating.the Chair- man or.Mayor'may'establish a:time:limit tb.be observed by -all . speakers depending upon the number, of speakers' wh6 advise the. Chairman or Mayorthat they desire to speak. . • .(d). Each Commission: member or Council member', when recbgnized by the Chairman.or'Mayor, shallipe allowed to ques- tion the speaer., and the sg6aker.sha],1:be limited to answers to..the,questions-asked. The.auestion.and answer period.shall not be.included.in the speaker'stime limit that' might be.es- tablished by theChairman:brMaybk.. The'speaker shall not be interrupted until his time has been expended or until he has finished his'Statement.. . . •7- • (e)•Any:person._notp -Onformingto the. above rules may be prohibitedfrOMspealqngt:rduring:thepublid-hearing.' Should such person refUSe tb.cOMplSflWih such prbilibition, hemay be removed from the'room.by:ordet of the Chairman.or_Mayor. .(f) The- depision of the Planning and Zoning CoMmissiori or the City Council shall be announced.tyfindings of fact,.. cc:inclusions of .law, and decision o.f. the. hearing body. - .(g) .The public hearing'may be continued Or recessed to a,date certain- or indefinitely upbn-motion.by.the City Council or the•Planning and -Zoning -Commission.: • . . (h)` Cross-examination of_ persons.test:ifyng.at the publc_:hearing.-shall not_:be permitted... An applicant. shall .have:an :"op.por"tunity- to rebut Any testimony submitted. (i) Any -exhibit. , introduced -by . any_. person shall be retained_ by the.: Planning_ .and Zoning Commission" or. City :Council and made .a.part :of': the record therein. ,Section- 2:. All ordinances, :.resolutions, rules and policies in conflict with` this' Ordinance are hereby repealed.- ' Section _ 3.: This Ordinance. shall take ".effe.ct. and be full force ,from and after. its. -passage, approval and publica- - tion•.: STATE OF IDAHO County of Valley ana says, 1 am the bookkeeper of the Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho;. that said newspaper is in general circulation in the county of aforesaid and is a legal newspaper; that the Ordinance No. 478 a copy of which is attached hereto and made a part hereof, was published in said newspaper once a week for _ one consecutive weeks in the regular and entire issue of every number thereof during the period and time of publication, and ^ was published in the newspaperoproper and not in a supplement; and that publication of such notice began June 27 19 84 and ended June 27 SS. PUBLISHER'S AFFIDAVIT OF PUBLICATION Judy Biooks being duly sworn deposes • 1984 fgrIA/ Subscribed ancr..twornab before me this the 27thday of ,Tuna , 19 84 Notary Idaho, therein. Public in and for the State of. residing at McCa11 ORDINANCE NO. 478 AN ORDINANCE: ESTABLISHING AND FIX- ING RULES OF PRO- CEDURE FOR PUBLIC HEARINGS BEFORE THE P.LANNINNG. AND ZONING COMMISSION AND THE CI- TY:COUNCILOF HE CITY " l..c answers to the "questions asked. The question and answer period shall not be included in. the speaker's time limit that might be established by the Chairman or Mayor. The speaker shall not be interrupted until his time has been expand- ed or until he has finished his statement. (e) Any person not conform- ing to the above rules may be,, prohibited from speaking dur- ing the public hearing. Should such person refuse to comply with such prohibition, he may be removed from the room by order of .' the Chairman or Mayor. (f) The decision of the Plann- ; ing and Zoning Commission or the City Council shall be an- nounced by findings of fact, conclusions of law, and deci- sion of the hearing body. (g) The public hearing may! be continued or recessed to a date certain or ' indefinitely; upon motion by the City Coun-a cil or the Planning and Zoning Commission. (h) Cross-examination • or persons testifying' at the public hearing shall not be permitted. An application shall have an opportunity to rebut any testimony submitted. (i) Any exhibit introduced by. any person shall -be retained by the Planning and Zoning Com- mission or City Council and made a part of the record therein. Section 2. All ordinances, resolutions, rules And policies in conflict with this Ordinance are hereby repealed. Section 3. This Ordinance shall take effect and be in, full force from and after its passage, approval and publica- tion. Dated this 18th day of June, 1984. s/Clyde L. Archer Jr. Mayor Attest: s/Caren Beckler City Clerk 6-27-1t y cCALL PURSUANT TO O CODE SECTION •4; AND PROVIDING CTIVE DATE. • C 1IT ORDAINED BY THE R AND COUNCIL OF. CITY OF McCALL, O: . s ion 1. The following f procedure are hereby shed for the conduct of ublic hearing before the ing and Zoning Commis-, I. 8 r before the City Council' f City of McCall, pursuant_ f " Idaho Local Planning d Idaho Code Sections 1, et seq., and shall -be i ,t+n as the City of McCall - - i o for Conduct of Public 8 ngs: No person shall be per- ! P d to speak before the ' c'ning and Zoning Commis- ' 6 or City Council at a Public ing until such person has.: recognized by the Chair- or- the Mayor. ' ),A11 proceedings shall be rded electronically or ographically and all per - s speaking at such hearings 11 speakbefore a rophone in such a manner i to ensure the accuracy of the Fcorded testimony and marks. A person desiring to stify may also submit written stimony' at any time prior to e. conclusion of the public earing. Written testimony may be entertained after the close of the public hearing at the discretion of the Chairman or Mayor. Minutes of each meeting shall be kept and re- tained as provided by. law. (c) At the commencement of I the public hearing the Chair- man or Mayor may establish a time limit to be observed by all speakers depending upon the number of speakers who advise the Chairman or Mayor that they desire to speak. (d) Each -Commission member of Council member, when recognized by the Chair- man or Mayor, shall be allowed.' to; :question the speaker; and the speaker shall be limited to