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HomeMy WebLinkAboutORD1520 ORDINANCE NO. 1520 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, BY REPEALING AND REPLACING IN THEIR ENTIRETY CHAPTER 2: MAYOR, COUNCIL, AND APPOINTED BOARDS AND COMMISSIONS AND CHAPTER 7 : BUILDINGS, BOARD AND COMMISSION § 2-7-2 (B) , § 2-8-2 (B) , § 2-9-2 (D) , § 2- 15-2 (B) , § 2-21-1, § 2-21-2, § 2-21-3, § 2-22-2 (A) , § 7-1-1 (B) (1) ; AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND TITLED: "2021 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 2 : MAYOR, COUNCIL, AND APPOINTED BOARDS AND COMMISSIONS AND CHAPTER 7 : BUILDINGS, BOARD AND COMMISSION § 2-7-2 (B) , § 2-8-2 (B) , § 2-9-2 (D) , § 2-15- 2 (B) , § 2-21-1, § 2-21-2, § 2-21-3, § 2-22-2 (A) AND § 7-1-1 (B) (1) "; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Apache Junction City Code ("A.J.C.C.") , Volume I, Chapter 2, Articles 2-7 (Library Board) , 2-8 (Parks and Recreation Commission) , 2-15 (Industrial Development Authority) , 2-21 (Board of Adjustment, Municipal Property Corporation, Public Safety Personnel Retirement Board) , and 2-22 (Planning and Zoning Commission) were last updated by Ordinance No. 1326 on October 27, 2008; and WHEREAS, A.J.C.C. , Volume I, Chapter 2, Article 2-9, (Public Art Commission) was adopted by Ordinance No. 1478 on September 17, 2019; and WHEREAS, A.J.C.C. , Volume I, Chapter 7, Article 7-1, (Construction Board of Appeals) was last updated by Ordinance No. 1475 on June 19, 2019; and WHEREAS, on November 1, 2021, the council discussed the desire to amend board and commission appointments and filling of vacancies to preserve the quorum levels any time before the annual October appointment cycle; and WHEREAS, on November 2, 2021, the council directed staff to change the various above-referenced city code provisions to preserve the quorum levels any time before the annual October appointment cycle; and WHEREAS, A.R.S. § 9-802 allows municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least one paper copy of the code changes or public record are filed in the office of the city clerk and an electronic copy is accessible on the city' s website and made available for public inspection; and ORDINANCE NO. 1520 PAGE 1 OF 3 WHEREAS, pursuant to A.R.S. §§ 9-801 (1) and 9-802, codes which may be adopted by refei6nce include those relating to city boards and commissions; and WHEREAS, city staff has determined that for administrative efficiency, it is more appropriate to update the city code by repealing the above-noted sections of Chapter 2 and Chapter 7 relating to city board and commission appointments and vacancies, in their entirety and replacing them with updated versions. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. That existing Apache Junction City Code, Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commissions and Chapter 7: Buildings, board and commission § 2-7-2 (B) , § 2- 8-2 (B) , § 2-9-2 (D) , § 2-15-2 (B) , § 2-21-1, § 2-21-2, § 2-21- 3, § 2-22-2 (A) , and § 7-1-1 (B) (1) , are hereby repealed in their entirety. 2 . That certain document titled "2021 Amendments to Apache Junction City Code, Volume I, Chapter 2 : Mayor, Council, and Al2pointed Boards and Commissions and Chapter 7 : Buildings, board and commission § 2-7-2 (B) , § 2-8-2 (B) , § 2-9-2 (D) , § 2-15-2 (B) , § 2-21-1, § 2-21-2, § 2-21-3, § 2-22-2 (A) , and § 7-1-1 (B) (1) ", one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk, and which document was made a public record by Resolution No. 21-53, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S. § 9-802. SECTION II REPEALING ANY 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 or regulations 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. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2021. ORDINANCE NO. 1520 PAGE 2 OF 3 SIGNED AND ATTESTED TO THIS DAY OF 2021 . WALTER "CHIP" WII SON Mayor ATTEST: ek 1�- J k NY F E PEI-4-A---- C."Ity CPerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1520 PAGE 3 OF 3