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HomeMy WebLinkAboutOrdinance No. 2013-1997 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2013 -1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 2, ARTICLE II, ENTITLED "BOARDS AND COMMISSIONS," BY AMENDING SECTION 2-202, ENTITLED "ELIGIBILITY REQUIREINJENTS", SECTION 2-206, ENTITLED "TERN/IS", SECTION 2-207, ENTITLED "PRESIDING OFFICERS", AND SECTION 2-210, ENTITLED "AUTHORITY"; REPEALING IN ITS ENTIRETY SECTIONS 2-231 TO 2-233, ENTITLED "CULTURAL ARTS BOARD"AND RESERVING SECTION NUMBERS FOR FUTURE USE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, finds and determines it is in the best interest of the City to amend the Code of Ordinances Chapter 2, Article II, entitled "Boards and Commissions" for the purpose of clarifying the eligibility requirements, and authority to appoint a chairperson to tax increment reinvestment zones, and the local development corporation; and, WHEREAS, the City Council of the City of The Colony, Texas finds and determines it is in the best interest of the City to amend Chapter 2, Article 11, for the purpose of changing the term start date to July 1 and to provide a transition for current board members to hold over for six months in order to facilitate the July I term start date: and, WHEREAS, the City Council of the City of The Colony, Texas finds and determines it is in ~ the best interest of the City to amend Chapter 2, Article II, for the purpose of exempting certain boards from the prohibition of obligating funds and incurring debt; and, WHEREAS, the City Council of the City of The Colony, Texas finds and determines it is in the best interest of the City to repeal and reserve Chapter 2, Article II, Division 3, Sections 2-231 to 2-233, entitled "Cultural Arts Board." NO-~N THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 2, Article II, entitled "Boards and Commissions", by amending Section 2-202, which shall read as follows: "Sec. 2-202. Eligibility requirements. Except as otherwise provided herein, or as required by state law or the city's Home Rule Charter, individuals who are residents of the city for at least six months and are registered voters of the city may be appointed by the city council to serve on one board, commission, or committee. Such appointees shall serve at the pleasure of the city council and may be removed at the discretion of the city council. Eligible individuals may not be in arrears of any payment due the city. Eligible individuals may not hold any other public office within the city or be related within the second degree by consanguinity or the first degree by affinity to any council member or other member serving on the same board, commission or committee. Except as otherwise provided by State law or the city's Home Rule Charter a board member may not be a regular, fill-time city employee. The prohibition of service on one board, commission, or committee, and service and eligibility requirements contained in this section do not apply to any tax increment reinvestment zones, or the local development corporation. Further, board members for any tax increment reinvestment zone, or local development corporation may be regular, full-time city employees, or members of the city council. Members of boards and commissions are considered city officers for purposes of the Texas Open Meetings Act, V.T.C.A., Government Code chapter 551, as amended. Board members must attend Open Meetings Act training with 90 days of appointment, or other training as authorized by the city council." SECTION 3. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 2, Article II, entitled "Boards and Commissions", by amending Section 2-206, which shall read as follows: "Sec. 2-206. Terms. The city council shall make appointments of members whose terms begin in July. Upon the creation of a new board, and in order to establish staggered terms, the city council shall determine which board members shall serve two-year terms and which members shall serve one (1) year terms. Thereafter members shall serve staggered two-year terms. Corporation by-laws, state law, or the city's Home Rule Charter may otherwise determine term length and number of members per board. Board members may be re-appointed for consecutive terms. Except for a written resignation, board, commission, or committee members serve until their successor is duly qualified. Board members who vacate their position after serving a minimum of five (5) years shall be recognized by the city council at a city council meeting with the presentation of a plaque in appreciation for their years of service. Board members who vacate their position after serving less than five (5) years shall receive a certificate from that board in appreciation for their years of service. SECTION 4. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 2, Article II, entitled "Boards and Commissions", by amending Section 2-207, which shall read as follows: "Sec. 2-207. Presiding officers. Unless otherwise provided by state law, city's Home Rule Charter, ordinance, bylaws, or certificate of formation, each board shall elect annually from its members a chairperson and a vice-chairperson. Each board may elect annually from its members a secretary. Elections shall occur at the first meeting of each board following the start of new terms. Chairperson The chairperson shall preside over meetings. Motions may not be made by the chairperson. The chairperson shall be entitled to vote upon each motion. Vicc-chairperson-The vice-chairperson shall assist the chairperson in directing the affairs of the board. In the absence of the chairperson, the vice-chairperson shall assume all duties of the chairperson. Secretary-The secretary shall keep the minutes of all meetings and in the secretary's absence the chairperson shall designate another member to act as secretary. The secretary shall provide a copy of Chapter 2, Article II, entitled "Boards and Commissions", and other orientation materials to newly appointed board members. The secretary may accept the assistance of city personnel in taking and transcribing minutes when available." SECTION 5. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by amending Chapter 2, Article II, entitled "Boards and Commissions", by amending Section 2-210, which shall read as follows: "See. 2-210. Authority. Unless otherwise provided by law, members of board commissions or committees do not have the power to obligate funds, make expenditures, or incur any debt on behalf of the city except where provided herein. Member authority shall not extend to the direction, supervision, employment, or termination of employees of the city. No supervisory power of the board is created by this ordinance. Boards shall abide by policies and procedures as may be adopted from time to time by city council resolution." SECTION 6. That the Code of Ordinances of the City of The Colony, Texas be, and the same is, hereby amended by repealing in its entirety Chapter 2, Article II, Division 3, Sections 2- 231 to 2-233, entitled "Cultural Arts Board", and reserving section numbers for future use. SECTION 7. If any section, article paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 8. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 9. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 5th day of March, 2013. ZZL Jo McCourry,(IVlayor ATTE ~T: Christie Wilson, City Secretary APPROVED AS TO FORM: DO'S ~Jeff Moore, City Attorney