HomeMy WebLinkAboutORD1328ORDINANCE NO. 1328
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION
CITY CODE CHAPTER 2,MAYOR AND COUNCIL,ARTICLE 2-7,
LIBRARY BOARD,SECTION 2-72(B),MEMBERSHIP AND TERMS OF
OFFICE,ARTICLE 2-8,PARKS AND RECREATION COMMISSION,
SECTION 2-8-2(B),MEMBERSHIP AND TERMS OF OFFICE,ARTICLE
2-11,HEALTH AND HUMAN SERVICES COMMISSION,SECTION 2-11-
2(B),MEMBERSHIP AND TERMS OF OFFICE,ARTICLE 2-15,
INDUSTRIAL DEVELOPMENT AUTHORITY,SECTION 2-15-2,
MEMBERSHIP AND TERMS OF OFFICE,CHAPTER 7,BUILDING,
ARTICLE 7-3,CONSTRUCTION CODE BOARD OF APPEALS,SECTION
7-3-2,MEMBERSHIP AND TERMS O F OFFICE,CHAPTER 11,
PLANNING AND ZONING COMMISSION,SECTION 11-172,
MEMBERSHIP;-ADDING A NEW ARTICLE 2-21, SECTIONS 2-21-1,
2-21-2, AND 2-21-3 RELATING TO BOARD OF ADJUSTMENT AND
APPEALS,MUNICIPAL PROPERTY CORPORATION,AND PUBLIC
SAFETY RETIREMENT BOARD;REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the Mayor and City Council are desirous of appointing
board and commission members whose ideology reflects.their own; and
WHEREAS, most board and commission member terms have an end
date of June 30; and
WHEREAS, the Mayor and City Council wish to amend this date to
October 31.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I.IN GENERAL
A)That the following Apache Junction City Code provisions be
amended to read as follows:
ORDINANCE NO. 1328
PAGE 1 OF 6
ARTICLE 2-7 LIBRARY BOARD
Section 2-7-2 Memberships and Terms of Office
B. The terms of the trustees shall be for three years and shall
commence on the first day of November of each year and end on
the thirty-first day of October three years thereafter or
until their successors are duly appointed by the Mayor and
City Council.Such terms shall be staggered so that the terms
of no more than three trustees shall conclude in any given
year.Ex officio members shall serve for a term not to exceed
one year.
ARTICLE 2-8 PARKS AND RECREATION COMMISSION
Section 2-8-2 Membership and Terms of Office.
B. The initial appointments of members shall be as follows
three members with terms beginning upon their appointment and
expiring April 2, 1981; three members with terms beginning
.upon.7-their appointment and expiring April 1, 1982; and three
.,members with terms beginning with 'their appointment and
-expiring April 1, 1983.Thereafter, commission members shall
all serve for a term of three years or until their successors
are duly appointed by the Mayor and City Council.Terms of
members shall be so staggered that the terms of no more than
-,three members shall expire in any one year and, in accordance
with this section, all such terms shall expire on October 31
of the applicable year.If a reduction in membership is ever
approved by the Mayor and City Council, the terms of office
due to expire or which are unfilled at the time of amendment
shall remain so and no future appointments shall be made to
replace those members.
ARTICLE 2-11 HEALTH AND HUMAN SERVICES COMMISSION
Section 2-11-2 Membership and Terms of Office
B. The appointments to this commission shall be for terms of
three years each, with the terms of members so staggered so
that the terms of office of no more than three members shall
expire in any one year.The initial appointments shall be for
one member with term beginning upon their appointment and
expiring on June 30,1982;for two members with terms
ORDINANCE NO. 1328
PAGE 2 OF 6
beginning upon their appointment and expiring on June sp,
1983;and two members ii1.01 terms beginning upon their,.appointment and expiring On June 30, 1984.Thereafter, upon
expiration of the tetra of Office, all new appointments shall
be made by the Mayor and.City Council for full three-year
terms and all such terms s$41 expire on October 31st, except
that in the event of the deat or'resignation of a member, the
Vacancy shall be filled by appointment of the Mayorand City
Council for the unexpired term.
ARTICLE 2-15 INDUSTRIAL DEVELOPMENT AUTHORITY
Section 2-15-2 Membership and Terms of Office
B. After the expiration of initial appointments,the terms of
members shall be as follows:two members with terms beginning
from their appointment and expiring six years from the date of
appointment by the Mayor and City Council; three Members with
terms beginning from their date of appointment and expiring
six years from the date of appointment by the Mayor and City
Council; and two members with terms beginning from their date
of appointment and expiring six years from the date of
appointment by the Mayor and City Council.All member terms
,shall be for a period of six years, and shall be so staggered
that the terms of no more than three members shall expire in
any one year.All such terms shall expire on October 31st.
ARTICLE 7-.3 CONSTRUCTION CODE BOARD OF APPEALS
Section 7-3-2(B)Membership and Terms of Office
B. The terms of board members shall be for two years and shall
end on October 31st,two years thereafter or until their
successors are duly appointed by the Mayor and City Council.
Such terms shall be so staggered that no more than three
members' terms conclude in the same -year.
CHAPTER 11 PLANNING AND ZONING COMMISSION
Section 11-1-2(A)Membership
A. The planning and zoning commission shall be composed of a
total of seven members who shall be residents of the City.
The members of the commission shall be appointed by the Mayor
ORDINANCE NO. 1328
PAGE 3 OF 6
and City Council.These appointments shall be for a period of
three years,unless.sOon6t .reMoved by the Mayor and City
Council,either with or withdut cause:The terms of the
members shall be so stagger:64 that the term'S Of no more than
three members shall expire in any one year.The appointments
shall be for two members with terms beginning on July 1, 1983,..
and expiring on June 30, 1986;for two members with terms
beginning on July 1, 1982, and expiring on June 30, 1985; and
three members with terms beginning July 1, 1981 and expiring
on June 30, 1984.Thereafter, upon expiration of the term of
office, all new appointments shall be made by the Mayor and
City Council for full three -year terms, and all such terms
shall expire October, 31st, except that in the event of the
death or resignation of a member, the vacancy shall be filled
by appointment of the Mayor and City, Council for the unexpired
term.The term of:all members shall extend until their
successors are qualified;except that three successive
unexcused or unexplained -absences from any regularor special
meeting shall be grounds for termination at the will and
pleasure of the Mayor and City Council without the necessity
of aLhearing or notice and such action shall be final.
B) That the following provisions be added to the Apache
, Junction City Code to read as follows:
ARTICLE 2-.21 BOARD OF ADJUSTMENT AND APPEALS/MUNICIPAL PROPERTY
CORPORATION/PUBLIC SAFETY PERSONNEL RETIREMENT BOARD
SectiOn 2-21-1 BOARD OF ADJUSTMENT AND APPEALS
A. There is hereby created,as provided by law,a board of
adjustment for the City of Apache Junction, Arizona.The
board of adjustment shall be composed of seven (7) members,
each of .whom shall be a resident of the City.The members of
the board shall be appointed for terms of three (3) years
each, unless sooner removed by the Mayor and City Council,
either with or without cause, except that initially two (2)
members shall be appointed for a term of one (1) year each,
commencing July 1, 1979; three (3) members shall be appointed
for a term of two (2) years each, commencing July 1, 1979; and
two members shall be appointed for a term of three (3) years
each, commencing July 1, 1979.Thereafter, members shall be
appointed for terms of three (3) years.Such terms shall
expire on October 31st..The procedures and powers of the board
ORDINANCE NO. 1328
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of adjustment shall be .as
Junction City Code,Volume
Zoning_ Ordinance,.Article
Appeals,.
forth in ,the City of Apache
and Devel erit_Code,Chapter
ii -Board, ..ok,;.-Adjustment and
Section 2-21-2 MUNICIPAL PROPERTY CORPORATION
A. Resolution No. 90-16, passed on July 19, 1990, is incorporated
herein by reference.Such resolution approved the Articles of
Incorporation and Bylaws of the Municipal Property Corporation
("MPC") and appointed the incorporators and initial board of
directors.There are five directors.Each term shall be
three years and shall have an expiration date of October 31st
of the year It is scheduled to. terminate.
Section .2-21-3 PUBLIC SAFETY.PERSONNEL RETIREMENT BOARD
A. Pursuant. to A.R.S.§ 38-847(A),the City has previously
established .a local board to administer public safety
-personnel retirement matters under Title 38,Chapter 5,
Article 4 (A.R:S.§ 38-841 et seq.).Under A.R.S.§ 38-
847:(B),a term for.any appointed member shall have an
expiration date of October 31st of the year it is scheduled to
terminate.
SECTION II...REPEALING CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance or any part of the codes adopted herein by .reference
is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction,such decision
shall not affect the validity of the remaining portions thereof.
ORDINANCE NO.. 1328
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PASSED AND ADOPTED BY THE MAYOR:AND:CITY COUNCIL OF THE CITY OF•.
APACHE JUNCTION, ARIZONA, THIS O F .-4 7:0 13E6 2008.
SIGNED AND ATTESTED TO THIS 27TH DAY OF OCTOBER .1 ,2008.
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk '
APPROVED AS TO FORM:
•10.22.06
RICHARD J. STERN
.City Attoriley,
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S. INSALACO