59-19 - MAJOR SPORT STADIUM FACILITY

Ordinance NO. ORD-59-19

BY THE COUNCIL CLEGG, LUDWIG, MCLEAN, SANCHEZ, THOMSON AND WOODINGS

AN ORDINANCE WHICH IS ALREADY ADOPTED THROUGH THE INITIATIVE PROCESS THAT AMENDS BOISE CITY CODE TITLE ONE, TO ADD A NEW CHAPTER 26; PROVIDING AN ORDINANCE NUMBER ANDFACILITATING PUBLICATION AND CODIFICATION OF THIS ORDINANCE; A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, in the November2019 general election,the qualified voters in the City of Boise cast a majority of votes in favor of Proposition One and Proposition Two; and

WHEREAS, on November 19, 2019, the Boise City Council unanimously voted to adopt the November 5, 2019, canvassed election results into the Council's work session minutes as set forth in Idaho Code § 34-1813; and

WHEREAS,Idaho Code Sections34-1801B (18) and 34-1813 requirethe Mayor to proclaim these initiated ordinances as being in full force and effect, and Mayor Bieter is making such proclamation at the December 10, 2019, City Council Meeting; and

WHEREAS, Idaho Code Section 24-1801B(19) requires that these initiated ordinances be published as part of City Code within thirty (30) days of the Mayor's proclamation by the City Clerk; and

WHEREAS,the City Councilis not adopting this Ordinanceas it is already adopted through the initiative process by the qualified Boise City voters, but rather facilitating its codification and publication as part of the City Code.

THEREFORE, NOW, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO:

Section 1. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.

Section 2. That existing Boise City Code Title 1, shall be, and hereby is, amended to add a new chapter 26, and to read as follows:

Section 1-26-01: Purpose: The people of the City of Boise find that it is in the interest of the City of Boise and its residents to work together in pursuing major projects and that by having a public vote on major sport stadium facilityprojects there will be more public involvement, more public support, and a better result.

Section 1-26-02: The City of Boise shall not directly or indirectly appropriate, spend money, incur debt or expenses for the construction of or any additional aspect of any major sport stadium facility project unless the City Council of Boise has received the approval of the qualified electors of the City of Boise at a duly conducted elections.

Section 1-26-03: A plan and design proposal for any major sport stadium facility project shall be disclosed in the notice of election.

Section 1-26-04: Approval of a major sport stadiumfacility project occurswhen the majority of votes cast are cast in favor thereof at an election held on an official election date designated by State law.

Section 1-26-05: terms used in Section 1-26-02 are defined as follows:

A. “Ex penses” includesact ual monetary pa yments, in kind assistance, the value o f employee time, the value of land exchanges, direct or indirectpayments to third parties and any other considerations which promotes or enhances the development of a major sport stadium facility project in any way.

B. “Major sport stadium f acility proj ect” m eans an y sport stadium facilit y project reasonably expectedto require publicand/or private costs and/or expensestotaling not less than five million dollars ($5,000,000).

C. “Plan and Desi gn” m ean s a proposalthat includes an y elementof th e cost, method of financing, location, designand size of a proposednew major sport stadium facility project.

Section 3. That the three readings of and vote on this Ordinance by City Council be, and hereby is, waived as this Ordinance has already been adopted into City Code through the initiative process as set forth in Idaho Code Title 34, Chapter 18.

Section 4. That as the Boise City Mayor proclaimed this Ordinance on December 10, 2019, this Ordinance is in full force and effect as Boise City law immediately.

ADOPTED by the Council of Boise City, Idaho, on December 10, 2019. APPROVED by the Mayor of the Boise City, Idaho, on December 10, 2019.

APPROVED:

David H. Bieter, Mayor


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