HomeMy WebLinkAboutRES 21-53 RESOLUTION NO. 21-53
A RESOLUTION OF THE MAYOR AND CITY,.COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC
RECORD 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) " .
WHEREAS, Arizona Revised Statutes Annotated ("A.R. S.") § 9-
802 permits municipalities to enact the provisions of a code or
public record in existence without setting forth such provisions
in full text as long as the adopting ordinance is published in
full text, with one paper copy filed with the city clerk and one
electronic copy accessible on the city' s website, and both being
available for public use and inspection; and
WHEREAS, pursuant to A.R.S. §§ 9-801 (1) and 9-802, such
codes can include board and commission city code provisions; and
WHEREAS, it is the intent of the city to declare such
documents which are on file in the office of the city clerk as
public records; and
WHEREAS, the document to be declared a public record
pertinent to amended board and commission code provisions
include that certain document 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) ",
which were presented to council on December 6, 2021 as a work
session discussion item and on December 7, 2021 at a public
hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS:
SECTION I IN GENERAL
1. That certain document (a copy of which is attached hereto)
entitled "2021 Amendments to Apache Junction City Code,
Volume I, Chapter 2 : Mayor, Council, and Appointed Boards
and Commissions and Chapter 7 : Buildings, board and
RESOLUTION NO. 21-53
PAGE 1 OF 2
§ 2-21-1, § 2-21-2, § 2-21-3, § 2-22-2 (A) , and § 7-1-
1. 1,B) (1 ) ", one electronic copy which is accessible on, the
city' s website (www. �jL-ity.n t) and one paper copy wh4ch is
filed in the of Tc�Tof the City clerk, is hereby declared
to be a public record and shall be made available for
public use and aspect on.
PASSIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF T1-1E CITY OF
AP ACHE JUNCTION, ARIZONA, THIS DAY OF 2021 .
SIGNED AND ATTESTED TO T jj T S DAY OF 20-1
WALTE "'CHIP" WILSON
M a�y o r
ATTEST:
�JJFANIFER ET A
City Cler�
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 21-53
PAGE 2 OF 2
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(13), § 2-8-
2(B), § 2-9-2(1)), § 2-15-2(B), § 2-21-1, § 2-21-2, § 2-21-3, § 2-22-
2(A) AND § 7-1-1(B)(1)
1)Apache Junction City Code, Volume 1, Chapter 2:Mayor, City Council and Appointed Boards
and Commission, Article 2-7: Library Board, § 2-7-2(B): Membership and Terms of Office, is
hereby amended as follows:
(B) The terms of the trustees shall be for 3 years and shall expire on October 31st of
succeeding years or until their successors are duly appointed by the council, except that in
the event of the board membership complement falling below the required quorum level
set forth in § 2-7-5(B), the membership vacancies shall be filled by the council for their
unexpired terms any time before the annual October appointment cycle using the then-
existing talent bank applications.The terms shall be so staggered that the terms of no more
than 3 trustees shall conclude in any given year.Ex-officio members shall serve for a term
not to exceed I year,
2)Apache Junction City Code,Volume 1, Chapter 2: Mayor,City Council and Appointed Boards
and Commission,, Article 2-8: Parks and Recreation Commission § 2-8-2(B): Membership and
Terms of Office, is hereby amended as follows:
(B) Commission members shall all serve for a term of 3 years or until their successors are
duly appointed by the council. Terms of members shall be so staggered that the terms of
no more than 3 members shall expire in any one year and, in accordance with this section,
all such terms shall expire on October 31 st of succeeding years, except that in the event of
the board membership complement falling below the required quorum level set forth in §
2-8-5, the membership vacancies shall be filled by the council for their unexpired terms
any time before the annual October appointment cycle using the then-existing talent bank
applications. If a reduction in membership is ever approved by the council, the terms of
office due to expire or unfilled at the time of amendment shall remain so and no future
appointments shall be made to replace those members.
3)Apache Junction City Code,Volume 1, Chapter 2: Mayor, City Council and Appointed Boards
and Commission, Article 2-9: Public Art Commission, § 2-9-2(D): Membership and Terms of
Office, is hereby amended as follows:
(D) Upon expiration of the initial terms of office,all new appointments shall be made by
the council for full 3-year terms and all such terms shall expire on October 31 st of
succeeding years, except that in the event of the board membership complement falling
below the required quorum level set forth in § 2-9-5, the membership vacancies shall be
filled by the council for the unexpired terms any time before the annual October
appointment cycle using the then-existing talent bank applications. The term of all
members shall extend until their successors are qualified.
4) Apache Junction City Code, Volume 1, Chapter 2: Mayor,City Council and Appointed Boards
and Commission, Article 2-15: Industrial Development Authority, § 2-15-2(B): Membership and
Terms of Office, is hereby amended as follows:
(B) After the expiration of initial appointments,the terms of members shall be as follows:
2 members with terms beginning from their appointment and expiring 6 years from the date
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of appointment by the council; 3 members with terms beginning from their date of
appointment and expiring 6 years from the date of appointment by the council; and 2
members with terms beginning from their date of appointment and expiring 6 years from
the date of appointment by the council. All member terms shall be for a period of 6 years,
and shall be so staggered that the term of no more than 3 members shall expire in any given
year. All terms shall expire on October 31 st of succeeding years,except that in the event
of the board membership complement failing below the required quorum level set forth in
§2-15-5,the membership vacancies shall be filled by the council for their unexpired terms
any time before the annual October appointment cycle from the then-existing talent bank
applications.
5)Apache Junction City Code, Volume 1, Chapter 2: Mayor,City Council and Appointed Boards
and Commission, Article 2-21: Board of Adjustment and Appeals/Municipal Property
Corporation/Public Safety Personnel Retirement Board, § 2-21-1: Board of Adjustment and
Appeals, is hereby amended as follows:
There is hereby created, as provided by law, a board of adjustment for the city.The board
of adjustment shall be composed of 7 members, each of whom shall be a resident of the
city.The members of the board shall be appointed for terms of 3 years each, unless sooner
removed by the council. Members shall be appointed for terms of 3 years,such terms shall
expire on October 31st of succeeding years, except that in the event of the board
membership complement falling below the required quorum level of 4 members, the
membership vacancies shall be filled by the council for their unexpired terms any time
before the annual October appointment cycle from the then-existing talent bank
applications. The procedures and powers of the board of adjustment shall be as set forth
in Vol. 11, Article I-11.
6)Apache Junction City Code, Volume I, Chapter 2: Mayor, CiV Council and Appointed Boards
and Commission, Article 2-21: Board of Adjustment and Appeals/Municipal Property
Corporation/Public Safety Personnel Retirement Board, § 2-21-2: Municipal Property
Corporation, is hereby amended as follows:
Resolution No. 90-16, passed on July 19, 1990, is incorporated herein by reference. The
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 5 directors. Each term shall be 3 years and shall have an expiration date of October 31 st
of succeeding years,except that in the event of the board membership complement falling
below the required quorum level of 3 members, the membership vacancies shall be filled
by the council for their unexpired terms any time before the annual October appointment
cycle from the then-existing talent bank applications.
7)Apache Junction City Code,Volume 1, Chapter 2: Mayor, City Council and Appointed Boards
and Commission, Article 2-21: Board of Adjustment and Appeals/Municipal Property
Corporation/Public Safety Personnel Retirement Boar § 2-21-3: Public Safe!Y Personnel
Retirement Board, is hereby amended as follows:
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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 3 1 st of succeeding years, except that in the event
of the board membership complement falling below the required quorum level of 3
members,the membership vacancies shall be filled by the council for their unexpired terms
any time before the annual October appointment cycle from the then-existing talent bank
applications.
8) Apache Junction City Code, Volume 1, Chapter 2: Mayor, City Council and Appointed-Boards
and Commission, Article 2-22: Planning and Zoning Commission § 2-22-2(A): Membership, is
hereby amended as follows:
(A) The planning and zoning commission shall be composed of a total of 7 members who
shall be residents of the city. The members of the commission shall be appointed by the
council. These appointments shall be for a period of 3 years,unless sooner removed by the
council,either with or without cause, The terms of the members shall be so staggered that
the terms of no more than 3 members shall expire in any one year. Upon expiration of the
term of office,all new appointments shall be made by the council for full 3-year terms,and
all terms shall expire October 31st, except that in the event of the board membership
complement falling below the required quorum level set forth in§2-22-6.,the membership
vacancies shall be filled by the council for their unexpired terms any time before the annual
October appointment cycle from the then-existing talent bank applications. The term of all
members shall extend until their successors are qualified; except that 3 successive
unexcused or unexplained absences from any regular or special meeting shall be grounds
for termination at the will and pleasure of the council without the necessity of a hearing or
notice and such action shall be final.
9)Apache Junction City Code,Volume I, Chapter 7: Buildings,Article 7-1: Division of Building
Safety and Inspection Administrative Code, § 7-1-1(B)(1): Construction Board of Appeals, is
hereby amended as follows:
(B) Membership and terms of office.
(1) The board shall consist of 5 members who are appointed by the council.The terms of
the board members shall be for 3 years and shall end on October 3 1 st of succeeding years,
or until their successors are duly appointed, except that in the event of the board
membership complement falling below the required quorum level set forth in §7-1-5(F)(1),
the membership vacancies shall be filled by the council for their unexpired terms any time
before the annual October appointment cycle from the then-existing talent bank
applications. Such terms shall be so staggered that no more than 3 members' terms
conclude in the same year. Members need not be residents of the city. Continued absence
of any member from meetings of the board shall, at the discretion of the council, render
any such member liable for removal from office by the council.Any member absent for 3
consecutive meetings without being excused shall be considered as having vacated their
appointment. Appointments to fill unexpired terms shall be made in the same manner as
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the vacated member, except as noted above due to a lack of a quorum. Members of the
board shall serve without pay.
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