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HomeMy WebLinkAboutOrdinance No. 09-1826 CITY OF THE COLONY, TEXAS ORDINANCE NO. 09-1826 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, BOARDS AND COMMISSIONS, BY REPEALING DIVISION 2, CULTURAL ARTS BOARD, IN ITS ENTIRETY, AND REPLACING WITH A NEW DIVISION 2, CULTURAL ARTS BOARD; PROVIDING FOR DEFINITIONS; PROVIDING FOR ESTABLISHMENT AND PURPOSE; PROVIDING FOR COMPOSITION AND QUALIFICATIONS; PROVIDING FOR TERMS; PROVIDING FOR THE REMOVAL, RESIGNATION, VACANCIES, REAPPOINTMENT OF MEMBERS; PROVIDING FOR ABSENCE FROM MEETINGS; PROVIDING FOR DUTIES, OPERATIONAL RULES AND PROCEDURES; PROVIDING FOR THE OPERATIONAL BUDGET; PROVIDING FOR ADMINISTRATIVE COSTS SHARING - FISCAL AGENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 2, Article II, Division 2 provides for the Cultural Arts Board of the City of The Colony; and WHEREAS, after reviewing the provisions currently provided for the Cultural Arts Board, the City is of the opinion that the same need to be amended and updated; and WHEREAS, the City Council has determined that Chapter 2, Article II, Division 2, Cultural Arts Board, should be repealed and replaced with new updated provisions for the same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Chapter 2, Article II, of the Code of Ordinances of the City of The Colony, Texas, be, and the same is, hereby amended by repealing Division 2, Cultural Arts Board, in its entirety, and replacing with a new Division 2, Cultural Arts Board, which shall read as follows: "Chapter 2 ADMINISTRATION ARTICLE II. BOARDS AND COMMISSIONS DIVISION 2. CULTURAL ARTS BOARD Page 1 TM 38582.76.000 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 hereby created a City of The Colony Cultural Arts Board to serve as an advisory body to the city council with respect to matters pertaining to cultural and fine arts in the city. The board may also, when authorized by the city council, provide grants for qualified events and projects, and/or consider grants for appropriate projects. Sec. 2-212. Composition; qualifications; compensation. The board shall consist of seven (7) members to be appointed by the city council, whom shall all be residents of the City of The Colony. The members of the board shall consider the total cultural well-being and needs 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. 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 unexpired term. Sec. 2-215 Absence from meetings. Absences, in accordance with the Policy and Procedure for Advisory Boards and Commissions, shall be grounds for removal from the board. Page 2 TM 38582.76.000 Sec. 2-216 Duties, operational rules and procedures. (a) The board shall adopt operational rules and procedures for the conduct of its duties and responsibilities, 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 the Code of Ordinances and the Policies and Procedures for Advisory Boards and Commissions enacted by the city council. 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. (b) The board shall hold monthly meetings at regularly stated times. Such meetings shall be open to the public and subject to the provisions of the Texas Open Meetings Act. (c) The board shall serve in an advisory capacity to the mayor and city council on matters relevant to cultural arts and fine arts within the city. (d) The board may, when authorized by the city council, provide grants for qualified events and projects and/or consider grant awards as authorized by the city council for appropriate projects. The annual grant awards may not exceed $10,000 or 15% of the total Hotel Occupancy Tax funds received annually. (e) The board may solicit for the city, gifts, 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. (f) 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." Page 3 TM 38582.76.000 Section 2. 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. 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. This Ordinance shall become effective on October 1, 2009. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 8th day of September, 2009. J McCou , Mayor n~ 7~, 7~, Christie Wilson, T RAC, City Secretary z APPR E A ORM: c~ Robert Hager, Ci Attorney Page 4 TM 38582.76.000