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0412 Land Use Commission Written Testimony 1994CITY OF CHUBBUCK, IDAHO ORDINANCE NO. al -� AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 18.28.020(D) OF THE CHUBBUCK MUNICIPAL CODE TO CHANGE THE TIME WRITTEN TESTIMONY MUST BE FILED BEFORE THE LAND USE COMMISSION; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 18.28 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amend Section 18.28.020(D. Section 18.28.020(D) of the Chubbuck Municipal Code is amended as follows: D. Conduct of hearing. All hearings before the commission, except hearings on applications for design review clearance, shall be held as a public hearing, with opportunity for public comment or testimony. All public hearings provided for in this title shall be held in accordance with this subsection and shall follow the order set forth hereinafter: 1. Explanation of subject of hearing by city staff, including recommendations, if any. proposal. 2. Presentation by applicant or petitioner. 3. Testimony from audience in favor of and/or against the 4. Questioning of involved parties by participants in the hearing. 5. Closure of oral testimony. 6. Discussion of hearing subject among commission or council members. Questions may also be directed to city staff. 7. Conclusions of hearing process. The presiding officer may limit the time allotted to presentation of oral testimony in a public hearing. Said allocation of time shall provide for a reasonable opportunity for proponents or opponents of an issue to be heard. The presiding officer may exclude repetitious, Ordinance - Page 1 dsc chbbckO2.083 personally malicious and irrelevant testimony. Written testimony must be submitted at least tree seven 7 days ,(weekends and holidays to be counted) prior to the public hearing, shall comply with the standards for oral testimony, shall include the signature and address of the submitter, shall be made available to persons in attendance at the public hearing, or shall be read in full. A transcribable, verbatim record of all hearings shall be maintained for six months after a final decision has been reached on the matter. Upon written request and within the time period herein provided for the retention of the record, any person may have the record transcribed at his expense. Minutes of all hearings and proceedings shall also be kept and maintained indefinitely in accordance with city ordinance. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapter 18.28 not herein amended shall remain in full force and effect. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. Ordinance - Page 2 dsc chbbckO2.Oa3 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 10th -day of MAY , 1994. AYOR ATTEST: J ter.. CITY CLERK Ordinance - Page 3 dsc chbbck02.083