HomeMy WebLinkAbout2022-01CHUBBUCK DEVELOPMENT AUTHORITY
RESOLUTION 2022-1
A RESOLUTION OF THE CHUBBUCK DEVELOPMENT AUTHORITY AUTHORIZING
THE CHAIRPERSON AND EXECUTIVE DIRECTOR TO PAY ADMINISTRATIVE OR
MINISTERIAL CLAIMS AS HEREIN DEFINED
WHEREAS, the Chubbuck Development Authority ("CDA") is an agency of the City of
Chubbuck, Idaho; and
WHEREAS, Idaho Code section 50-1017 provides that "all claims against the city shall be
approved by the city council prior to the payment of such claims;" and
WHEREAS, the CDA adheres to the claims payment process set forth in section 50-1017
by presenting all claims to the board of commissioners of the CDA for approval prior to the pay-
ment thereof; and
WHEREAS, the CDA is subject to the Open Meeting Law, Chapter 2, Title 74, Idaho Code,
which requires, pursuant to Idaho Code section 74-203, that all decisions of the CDA be made in
a meeting that is open to the public; and
WHEREAS, the Open Meeting Law further provides, pursuant to Idaho Code section 74-
202, that "ministerial or administrative actions necessary to carry out a decision previously adopted
in a meeting held in compliance with this chapter" are not considered a "decision" and, therefore,
do not require a public meeting; and
WHEREAS, the CDA may from time -to -time approve the payment of claims that are ad-
ministrative and ministerial in nature; and
WHEREAS, the CDA desires to formalize a process that allows for the payment of admin-
istrative and ministerial claims without the board of commissioners of the CDA having to hold a
public meeting each time such claims are presented to the CDA for payment;
THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
CHUBBUCK DEVELOPMENT AUTHORITY AS FOLLOWS:
Section 1. The chairperson and the executive director of the CDA are hereby author-
ized to pay administrative and ministerial claims presented to the CDA for approval if (a) the claim
qualifies as an administrative or ministerial claim under section 2 of this resolution, (b) the amount
of the claim is consistent with the prior approval given by the board of commissioners of the CDA,
(c) the CDA has budgeted funds, and has fiends available, for the payment of such claim, and (d)
the payment of such claim is consistent with any agreements entered into by the CDA related to
such claim.
Section 2. A claim qualifies as administrative or ministerial if (a) the payment of such
claim is necessary to carry out a decision previously adopted by the board of commissioners of the
RESOLUTION 2022-1 Page] of 2
CDA in a meeting held in compliance with the Open Meeting Law, and (b) the board of commis-
sioners affirmatively designates such claim as an administrative or ministerial claim.
Section 3. The payment of qualifying administrative and ministerial claims shall be
approved in writing by both the chairperson and the executive director of the CDA. .
Section 4. At regular meetings of the board of commissioners of the CDA, the chair-
person and the executive director shall provide to the board an itemized list of all administrative
and ministerial claims paid since the prior board meeting.
Section 5. The following claims are hereby designated as administrative and ministe-
rial claims:
A. Invoices for legal services, auditors, and other professional consultants.
B. Invoices for insurance coverage.
C. Requests for reimbursement or payment for contractual obligations pertaining to
owner participation agreements under the 1992 Urban Renewal Plan.
D. Invoices work performed for City of Chubbuck projects funded by the CDA.
PASSED AND APPROVED BY THE BOARD OF CO
BUCK DEVELOPMENT AUTHORITY ON JANUARY I �
ATTEST:
Jog 1 r
ISSIONERS OF THE CHUB -
2022.
RESOLUTION 2022-1 Page 2 aft