HomeMy WebLinkAbout1992-3453 Changing membership basis , .
ORDINANCE NO. 32-1 '
AN ORDINANCE relating to administration; changing the basis of
membership on the Downtown Area Redevelopment
Committee from business ownership to engaging in
a business or profession in the applicable down-
town areas; and amending Section 1.37.020 of the
City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 1.37.020 of the City of Yakima Munic-
ipal Code is hereby amended to read as follows:
"1.37.020 Membership. The commit-
tee shall consist of eleven members,
to serve without compensation, to be
appointed by a majority vote of a
quorum of the City Council and shall
be representative of the downtown
core professionals and business
owners according to the following
committee structure:
1. One member who shall be engaged
in a business or profession in the
area bounded by 1st Street on the
west, 3rd Street on the east, Yakima
Avenue on the south, and B Street on
the north; and
2. One member who shall be engaged
in a business or profession in the
area bounded by 1st Street on the
west, 3rd Street on the east, Yakima
Avenue on the north, and Walnut
Street on the South; and
3. One member who shall be engaged
in a business or profession in the
area bounded by 3rd Street on the
west, Naches Avenue` `on thdj; east,
Yakima Avenue on the south, and B
Street on the north; and
4. One member who shall be engaged
in a business or profession in the
area bounded by 3rd Street on the
west, Naches Avenue on the east,
Yakima Avenue on the north, and
Walnut Street on the south; and
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5. Six members who shall be engaged
in a business or profession, each
with a principal place of business
situated in the area described in
Section 1.37.010 of the City of
Yakima Municipal Code; and
6. One member at large.
The Director of Finance of the City
of Yakima, or a person designated by -
the City Manager, shall be an ex
officio member of the committee, but
shall have no power to vote on any
matter considered by the committee
and shall not be counted in
attendance for the purpose of deter-
mining the existence of a quorum at
any meeting."
Section 2. This ordinance shall be in full force and
effect 30 days after its passage, approval, and publication as
provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this
o? *' day of P y'\\ , 1992. -f'
Mayor
ATTEST:
City Clerk
Publication Date: APR 2 4 1992
Effective Date :MAY 2 4 1992
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v y
ft- BUSI OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT (�
Item No.
Meeting of August 20, 1991
ITEM TITLE: Report from the Legal Department concerning residency,
property ownership or management as requirements for membership on
City boards and commissions.
SUBMITTED BY: John Vanek, City Attorney and
Henry Hamilton, III, Legal Intern
CONTACT PERSON /TELEPHONE: John Vanek /575 -6030
SUMMARY EXPLANATION: The Council has asked the Legal Department
to determine whether residency, property ownership or business
management can be the basis for membership on City boards and
commissions. Generally, the courts apply a rational relationship
test to these matters. Residency meets the test. Property owner-
ship does not. The same is true for ownership of a business.
However. mar;.agement and operation of a business appears to meet
the test so long as it is rationally related to the purpose and
function of the board or committee to which such individual will
be appointed.
Applying these legal principles, it appears that the Downtown Area
Redevelopment Committee Ordinance needs to be rewritten so as to
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RESOLUTION X ORDINANCE CONTRACT DES PIAN /MAP *
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* NOTIFICAITION LIST X OTHER Memorandum of July 16, 1991 *
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* APPROVED FOR SUBMITTAL:
* CITY MANAGER *
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STAFF RECOMMENDATION: Discuss report with City Attorney in open
session. Give guidance as to amendment to the Downtown Area
Redevelopment Committee Ordinance.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: Accepted
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AGENDA STATEMENT (Page 2)
Item No.
Meeting of August 2U, 1991
SUMMARY EXPLANATION: (Continued)
eliminate the necessity for property ownership. It is also recom-
mended that language be added to that ordinance stating a rational
necessity for one of the members being a bank manager and another
being a utility service manager. Attached to this cover sheet is
a memorandum drafted by Summer Legal Intern Henry Hamilton con-
cerning the topics about which I have spoken. It is excellent
work. Our office has benefited from his services. His work is
now finished and he is on his way back to school for a third
year.
Mr. Hamilton has added to his memorandum a chart which indicates
whether any of the basis for various City boards and commissions
are legally suspect.
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