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HomeMy WebLinkAboutOrdinance No. 02-1407 CITY OF THE COLONY, TEXAS ORDINANCE NO. ~)~ -/t~ O'7 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 2 CULTURAL ARTS BOARD; PROVIDING FOR THE CREATION OF A CULTURAL ARTS 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. AMENDMENT OF TIlE 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 2 relating to a Cultural Arts Board (the "Board"). Division 2 to read as follows: "Division 2 Cultural Arts Board. Sec. 2-210. DEFINITIONS As used in this chapter, the following terms shall have the respective meanings ascribed to them: Chairperson.. A person so elected by the members of the Cultural Arts Board. Sec. 2-211. ESTABLISHED--PURPOSE There is created a City of The Colony Cultural Arts Board. The purpose of the Board shall be to serve as an advisory body to the City Council with respect to matters pertaining to the arts. Sec. 2-212. COMPOSITION--QUALIFICATIONS__VOTiNG RESTRICTIONS The Board shall consist of seven members to be appointed by the City Council, whom shall all be residents of the City of The Colony. No member of the Board shall hold an elected public office within the City of The Colony. The members of the Board shall consider the total cultural well-being of the City and shall be persons who have diverse interests in, and knowledge about, the City, business, and the various artistic disciplines. The members of the Board shall serve with out pay. Sec. 2-213. TERM The Board shall select from among its members a chairman and a vice chairman. The chairman and vice chairman shall serve in that capacity for a period not to exceed two years. The chairman shall not serve consecutive terms. The City Council shall make appointments of members whose terms begin in January of each year. Appointments shall be for a two-year term. The original Board of year 2003 will seat 3 members for three years and 4 members for two years to stagger the terms. City Council will determine which three seats will be for three years. Thereafter each term will be two (2) years. Sec. 2-214. REMOVAL--RESIGNATION--VACANCIES__REAPPOiNTMENT Any member may discontinue his or her membership by resignation and/or may be removed by the majority vote of the City Council. If any position becomes vacant, the City Council shall appoint a member to serve the balance of the un-expired term. Sec. 2-215 ABSENCE FROM MEETiNGS Any member who is absent from three consecutive meetings of the Board without a satisfactory excuse shall be removed from office by the City Council. Sec. 2-216 DUTIES, OPERATIONAL RULES AND PROCEDURES The Board shall adopt operational rules and procedures for the conduct of its duties, which shall be ratified by the City Council. The rules and procedures shall provide for annual election of officers, the conduct of regular and special meetings, and the appointment of subcommittees. These Operational Rules and Procedures are to be consistent with this ordinance and the Policies and Procedures for Advisory Boards and Commissions, passed by the City Council on August 1990 and as amended. The affirmative vote of two-thirds of the entire membership of the Board shall be required to amend such operational rules and procedures, and any such amendment must be ratified by the City Council. Hold monthly meetings at regularly stated times. Such meetings to be open to the public and subject to the provisions of the Texas Open Meetings Act. To serve in an advisory capacity to the Mayor and City Council. 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. The Board may solicit for the city, girls, revenues, bequests, or endowments of money or property as donations or grants from person, firms, or corporations, subject to the guidance, approval, and acceptance by the City Council. The Board, through its chairman, shall make both an oral and written report to the City Council on a semi-annual basis. Sec. 2-217 OPERATIONAL BUDGET The Board shall prepare annually an operational budget, which shall be submitted to the City Council for approval. The budget shall provide for the costs necessary for the conduct of the administrative operation of the Board. Sec. 2-218 ADMINISTRATIVE COST SHARING--FISCAL AGENT The City shall provide for the normal and customary administrative costs for the Board and shall serve as its fiscal agent. 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 arts 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. Section 4. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage as provided by law. PASSED AND APPROVED by the C~ity Council of the City of The Colony, Texas, this rfl day of Of'Ag-.~ ,2002. ~ Bernetta Henville Shannon, Mayor ATTEST: Patti Hicks, TRMC, City Secretary APPROVED AS TO FORM: