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HomeMy WebLinkAboutOrdinance No. 04-1547 CITY OF THE COLONY, TEXAS ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING CHAPTER 2 ADMINISTRATION OF THE CODE OF ORDINANCES BY AMENDING ARTICLE II. BOARDS AND COMMISSIONS BY ADDING DIVISION 1. TECHNOLOGIES BOARD; PROVIDING FOR THE CREATION OF A TECHNOLOGIES BOARD; ESTABLISHING THE DUTIES AND PROCEDURES OF THE BOARD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, located in Denton County, Texas, is a Home Rule municipality possessing the full power of local self-government as provided by Article XI, Section 5 of the Constitution of the State of Texas, Section 51.072 of the Texas Local Government Code and its Home Rule Charter; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. AMENDMENT OF THE CODE OF ORDINANCES The Code of Ordinances of the City is hereby amended in the following particulars, and all other chapters, section, subsections, paragraphs, sentences, phrases and words of the Code are not amended but are hereby ratified, verified, approved and affirmed: Chapter 2 ("Administration") is hereby amended by amending Article II. Boards and Commissions by adding Division 1 relating to a Technologies Board (the "Board"). Division 1 to read as follows: "DIVISION 1. TECHNOLOGIES BOARD. Sec. 2-201. Technologies advisory board; membership. There is hereby created the technologies advisory board (the "board"). The board shall consist of seven (7) members appointed by the city council. All board members shall serve a two year (2) term. Four (4) of the members shall serve an initial term of two (2) years, and three (3) of the members shall serve an initial term of one (1) year. Thereafter each term will be two (2) years. Membership on the board shall be in accordance with the following: (1) Members shall be qualified voters of the city and reside within the city. (2) Members shall serve without compensation, but may be reimbursed for actual expenses as approved by the city council. (3) A vacancy on the board shall be filled by the city council within sixty (60) days after the date of the vacancy. (4) If a replacement has not qualified upon the expiration of a member's term the term then shall cease and a vacancy created. (5) Recommended makeup (but not mandatory) of this advisory board is as follows: a. 2 Communications experts (phone, radio, etc.) b. 2 Computer experts (PC, networks, etc.) c. 1 Media expert (television, video, audio) d. 2 Other members at Council's discretion (6) The board shall annually elect a chairman and vice-chairman, and secretary. a. Chairman: The chairman shall preside over meetings and shall be entitled to vote upon each issue. b. Vice-chairman: The vice-chairman shall assist the chairman in directing the affairs of the board. In the absence of the chairman, the vice-chairman shall assume all duties of the chairman. c. Secretary: The secretary shall keep the minutes of all meetings and in the secretary's absence; the chairman shall designate another member to act as secretary. The secretary shall provide for reading by the members of the board once a year, at the first regular meeting following the appointment of officers, a copy of this policy. The secretary may accept the assistance of city personnel in taking and transcribing minutes, when available, but shall sign such minutes before presenting same to the board for approval. (7) Absence from three (3) consecutive regular meetings without explanation acceptable to a majority of the board shall be deemed to constitute the retirement of that member and a vacancy on the board shall thereby be created. (8) Members shall serve at the pleasure and discretion of the city council and may be removed for any reason at the discretion of the city council. (9) A staff liaison for the board shall be appointed from the city's information technology department to provide direction to the board. Council shall appoint a council liaison. 2 Sec. 2-202. Powers and duties. The board shall have the following powers and perform the following duties: (1) The board shall act solely in an advisory capacity to the city staff and the city council, providing council with suggestions concerning improvements to the city as it relates to new technologies, and especially as it relates to productivity and cost savings. (2) The board shall be used similarly to other boards, providing non-binding recommendations (approve/disapprove) on all technology initiatives/ purchases/programs prior to any council approval requests. (3) The board shall identify rapidly emerging and evolving technologies in the areas of computers, telecommunications, the Intemet, data, voice, video, wireless, and other future technologies. (4) The board shall develop recommendations for how technologies can be utilized for the advantage of the city, businesses, and the citizens of The Colony. The board shall communicate and coordinate findings and recommendations to the city council. (5) The board may solicit for the city, gifts, revenues, bequests, or endowments of money or property as donations or grants from persons, firms or corporations, subject to the guidance, approval, and acceptance by the city council. (6) The board may, from time to time, recommend to the city council amendments or changes to this policy. (7) The board, through its chairman, shall make both an oral and written report as needed to the city council concerning its past and future activities. (8) The board's 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 policy. (9) The board does not have the power to obligate the city for any funds or expenditures or incur any debt on behalf of the city. (10) All powers and duties prescribed and delegated herein are delegated to the board as a unit and all action hereunder shall be of the board acting as a whole. No action of an individual member is authorized except through the board or city council. (11) Any documentation of a technical nature, including all written recommendations, including research and justifications, prepared by the board and submitted to council shall be the property of the City of The Colony. Sec. 2-203. Procedure. The board shall conduct its meetings in accordance with the following: (1) Meetings. a. Regular meetings. The board shall meet as needed and no less than once each quarter at a public place with public notice as prescribed by law. b. Special meetings. Special meetings may be called by the chairman or by written request sent to the chairman or vice-chairman by three (3) members of the board. c. All meetings shall be open to the public in accordance with applicable law. d. A majority of the board shall constitute a quorum. (2) Voting. All questions presented for vote of the board shall be decided by a simple majority of those members present. Only those members present can vote." Section 2. SEVERABILITY CLAUSE That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3. SAVINGS CLAUSE This Ordinance shall be cumulative of all other ordinances of the City affecting the technologies and shall not repeal any of the provision of those ordinances except in those instances where the provisions of the Ordinances are in direct conflict with the provisions of this Ordinance. 4 Section 4. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage as provided by law. ~ PASS~D AND APPROVED by the City Council of the City of The Colony, Texas, this day of ~l~2,q~ , 2004. Jo~l~ l~iil~d, May6r - ATTEST: , ty Secretary APPROVED AS TO FORM: Robert E. Ha~e{,~y Attorney 5