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HomeMy WebLinkAboutOrdinance No. 2011-1879CITY OF THE COLONY, TEXAS ORDINANCE NO. 2011- 1 ~ "I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES, BY REPEALING CHAPTER 2, ARTICLE II, DIVISIONS 1 THROUGH 6, SECTIONS 2-201 TO 2-300, ENTITLED "BOARDS AND COMMISSIONS," AND REPLACING IT WITH A NEW CHAPTER 2, ARTICLE II, DIVISIONS 1 THROUGH 7, SECTIONS 2-201 TO 2-300, ENTITLED "BOARDS AND COMMISSIONS"; ESTABLISHING GENERAL ELIGIBLITY REQUIREMENTS FOR BOARDS AND COMMISSIONS; ESTABLISHING QUALIFICATIONS, DUTIES AND RESPONSIBILITIES OF THE ANIMAL CONTROL ADVISORY BOARD; ESTABLISHING QUALIFICATIONS, DUTIES AND RESPONSIBILITIES OF THE CULTURAL ARTS BOARD; ESTABLISHING QUALIFICATIONS, DUTIES AND RESPONSIBILITIES OF THE PUBLIC TREE ADVISORY BOARD; ESTABLISHING QUALIFICATIONS, DUTIES AND RESPONSIBILITIES OF THE LIBRARY BOARD; ESTABLISHING QUALIFICATIONS, DUTIES AND RESPONSIBILITIES OF THE TECHNOLOGIES BOARD; ESTABLISHING QUALIFICATIONS, DUTIES AND RESPONSIBILITIES OF THE COMMUNITY IMAGE ADVISORY BOARD; REPEALING CHAPTER 11, SECTIONS 11-1 TO 11-10, ENTITLED "LIBRARIES," AND REPLACING IT WITH A NEW CHAPTER 11, SECTIONS 11-1 TO 11-7, ENTITLED "LIBRARIES", BY ESTABLISHING A LIBRARY DIRECTOR; PROVIDING A PENALTY FOR DEFACING, REMOVING, FAILING TO TIMELY RETURN LIBRARY MATERIALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has discussed and considered such revisions and has determined that it is in the best interest of the City to repeal the current Chapter 2, Article 11, Divisions 1 through 6, sections 2-210 to 2-300, and replace it with a new Chapter 2, Article II, Divisions 1 through 7, Sections 2-201 to 2-300 to regulate Boards and Commissions within the City in accordance with State law. WHEREAS, the City Council has discussed and considered such revisions and has determined that it is in the best interest of the City to repeal the current Chapter 11, Sections 11-1 to I1-10, and replace it with a new Chapter 11, Sections 11-1 to 11-7 to regulate Libraries. NOW 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 repealing Chapter 2, Article Il, Divisions 1 through 6, Sections 2- 201 to 2-300, entitled "Boards and Commissions", and replacing it with a new Chapter 2, Article Il, Divisions 1 through 7, Sections 2-201 to 2-300, entitled "Boards and Commissions," which shall read as follows: "ARTICLE II. BOARDS AND COMMISSIONS DIVISION 1. GENERALLY Sec. 2-201. Creation of boards and commissions. The city council shall create, establish or appoint, as may be required by the laws of the State of Texas, or deemed desirable by the city council, such boards, commissions and committees as it deems necessary to carry out the functions and obligations of the city. The city council shall, by ordinance or resolution, prescribe the purpose, composition, function, duties, accountability and tenure of each board, commission and committee where such are not prescribed by law or the city's Home-Rule Charter. Board members serve in a volunteer capacity committee shall serve without compensation approved by the city council. Members of any such board, commission or but may be reimbursed for actual expenses as 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 (6) months and are registered voters of the city may be appointed by the city council to serve on one (1) 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, frill-time city employee. Members of boards and commissions are considered city officers for purposes of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, as amended. Board members must attend Open Meetings Act training with ninety (90) days of appointment, or other training as authorized by the city council. 2 Sec. 2-203. Meetings. All boards, commissions or committees of the city shall post agendas and conduct meetings according to the provisions of the Texas Open Meetings Act. For boards that are advisory in nature executive sessions are not authorized unless the city attorney is present. Regular meeting agendas shall include an item for Citizen Input to allow citizen comments on posted agenda items or other items specific to that particular board. Agenda items may be requested by any board member or by the staff liaison. Special meetings may be called by the chairperson, by written request sent to the chair by three (3) members of a board, or by the staff liaison. Minutes of such meetings shall be kept and shall be made a matter of public record. Sec. 2-204. Attendance . Any member of a board, commission or committee who is absent from three (3) consecutive meetings, or twenty-five percent (25%) of scheduled meetings during the six-month (6-month) period immediately preceding and including the absence in question, shall, upon approval of the city council forfeit his or her position on the board, commission, or committee. Sec. 2-205. Removal/Vacancy. Any board 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 2-206. Terms. The city council shall make appointments of members whose terms begin in January. 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. 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 alter serving less than five (5) years shall receive a certificate from that board in appreciation for their years of service. Sec. 2-207. Presiding officers. Each board shall elect annually from its members a chairperson and a vice-chairperson. Each board may elect annually from its members a secretary. The chairperson shall not serve consecutive 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. Vice-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 this ordinance 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. See. 2-208. Quorum. A majority of members shall constitute a quorum and shall be required for the transaction of business. In the event of the absence of the chairperson and vice-chairperson, the members constituting the quorum shall elect for that meeting a member to preside as acting chairperson and assume those duties. All motions shall be decided by a simple majority to the motion. Only those members present can vote. Sec. 2-209. Liaisons. The city council may appoint one or more city council members to serve as liaison to any board. A city staff person shall be assigned as staff liaison to each board. The staff liaison shall maintain attendance records of board members. In the event of excessive absences the staff liaison will inform the board member that notification of same will be made to the city council. The staff liaison shall also be responsible for coordinating board meetings. Sec. 2-210. Authority. Members of boards, 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. 4 Sec. 2-211. Administrative cost sharing; fiscal agent. The city shall provide for the normal and customary administrative costs for the boards and shall serve as the fiscal agent. Secs. 2-212-2-220. Reserved. DIVISION 2. ANIMAL CONTROL ADVISORY BOARD Sec. 2-221. Advisory board created. There is hereby created the animal control advisory board (the "board"). Sec. 2-222. Composition; qualifications. The board shall consist of five members appointed by the city council. As required in V.T.C.A., Health and Safety Code Chapter 823, one member shall be a licensed veterinarian, one member shall be municipal official, and one member shall be a person whose duties include daily operation of the animal shelter. The remaining two members shall be the captain supervising the animal control division and one citizen of the city. Sec. 2-223. Duties, operational rules and procedures. The board shall have the following powers and perform the following duties: (1) The board shall meet to discuss ideas that will help ensure the animal shelter is in compliance with the state department of health rules pertaining to animal shelters. (2) The board shall meet to make recommendations to the city manager or his designee for the betterment of the community concerning operations, policies, procedures, new programs, and the improvement of existing programs. The board may also make appropriate recommendations for amendments to existing animal control ordinances. (3) The board shall meet at least three times each year. Sees. 2-224--2-230. Reserved. DIVISION 3. CULTURAL ARTS BOARD Sec. 2-231. Advisory board created; purpose. There is hereby created the cultural arts board (the "board"). The board shall act in an advisory capacity 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. 5 Sec. 2-232. Composition; qualifications. The board shall consist of seven members to be appointed by the city council. 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. Sec. 2-233. Duties, operational rules and procedures. The board shall have the following powers and perform the following duties: (1) 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. (2) The board shall hold monthly meetings at regularly stated times. (3) 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 the amount as approved in each annual municipal budget. (4) 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. (5) The board, through its chairperson, shall make an oral or written report to the city council on a semi-annual basis. Secs. 2-234--2-245. Reserved. DIVISION 4. PUBLIC TREE ADVISORY BOARD Sec. 2-246. Advisory board created; purpose. There is hereby created the public tree advisory board (the "board"). The board shall act in an advisory capacity to the city council and the city manager in all matters pertaining to the city's urban forest. 6 Sec. 2-247. Composition; qualifications The board shall consist of at least five members and up to seven members appointed by the city council. The park development manager and the community services director shall serve as ex officio members of the board. Recommended composition of this advisory board is at least one member who has an expertise in arboriculture, urban forestry, or landscape architecture, and at least one member who is a resident of the city with an interest in trees that is entirely avocational; and at least four of the members of the board shall reside in the city. Sec. 2-248. Duties, operational rules and procedures. The board shall have the following powers and perform the following duties: (1) The board shall adopt operational rules and procedures for the conduct of its duties. The rules and procedures shall provide for the annual election of officers, and the conduct of regular and special meetings. (2) The board shall meet a minimum of four times a year. The director or chair of the board may schedule additional meetings as needed. (3) The board shall study, investigate, plan, advise, report, and recommend any action, program, plan, or legislation that the board determines necessary or advisable for the care, preservation, pruning, planting, replanting, removal, or disposition of trees, shrubs, and other landscaping in public parks, street medians and parkways, and on other public property. (4) The board shall develop and establish a tree management plan for the planting, maintenance, and replacement of trees in public parks, street medians and parkways, and other public areas. The board must annually review the tree management plan, and make any changes or modifications necessary or advisable to promote and protect trees on public property. The tree management plan will be presented annually to the city council for its approval. Once approved, the board has the responsibility to administer the plan in coordination with the parks and recreation department. (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, sub?ject to the guidance, approval, and acceptance by the city council. (6) The board in conjunction with the community services director shall plan an annual Arbor Day celebration on behalf of the city. (7) The board shall perform other functions involving the care and maintenance of trees located on public property requested by city council, the city manager, or the community services director. 7 (8) The city council shall have the right to review the conduct, acts, and decisions of the board. Any person may appeal from any ruling or order of the board to the city council, which may hear the matter and make a final determination. Sees. 2-249--2-260. Reserved. DIVISION 5. LIBRARY BOARD Sec. 2-261. Advisory board created; purpose. There is hereby created the public library board (the "board"). The board shall act in an advisory capacity to the city council and shall, under the authority of the city council, be involved with the Library Director in policy making relating to the establishment and usage of the city public library or libraries, the nature of services rendered or to be rendered by the library or libraries, the manner in which library service may be coordinated with the services of other libraries which render services to citizens of the city, and in such other matters as the city council may direct. Sec. 2-262. Composition; qualifications. The board shall consist of seven members. Sec. 2-263. Duties, operational rules and procedures. The board shall have the following powers and perform the following duties: (1) Hold monthly meetings at regular stated times. (2) Receive suggestions and recommendations regarding the development of the library and library service, and make recommendations to the city council regarding the same, as are deemed necessary and desirable in the opinion of the board; (3) Carry out and perform such other reasonable regulations and requirements as may from time to time be made and adopted by the city council. Sees. 2-264--2-270. Reserved. DIVISION 6. TECHNOLOGIES BOARD Sec. 2-271. Advisory board created; purpose. There is hereby created the technologies advisory board (the "board"). The board shall act in an advisory capacity to the city council and city staff, providing suggestions concerning improvements to the city as they relate to new technologies, and especially as they relate to productivity and cost savings. 8 Sec. 2-272. Composition; qualifications. The board shall consist of seven members appointed by the city council. Recommended composition of this advisory board is two communications experts (phone, radio, etc.), two computer experts (PC, networks, etc.), one media expert (television, video, audio) and two other members at council's discretion. Sec. 2-273. Duties, operational rules and procedures. The board shall have the following powers and perform the following duties: (1) The board shall be used similarly to other boards, providing nonbinding recommendations (approve/disapprove) on all technology initiatives/ purchases/programs prior to any council approval requests. (2) The board shall identify rapidly emerging and evolving technologies in the areas of computers, telecommunications, the Internet, data, voice, video, wireless, and other future technologies. (3) The board shall develop recommendations for how technologies can be utilized for the advantage of the city, businesses, and the citizens of the city. The board shall communicate and coordinate findings and recommendations to the city council. (4) 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. (5) The board may, from time to time, recommend to the city council amendments or changes to this ordinance. (6) 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. (7) 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. (8) 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. (9) The board shall meet as needed and no less than once each quarter at a public place with public notice as prescribed by law. Special meetings may be called by the chairman or by written request sent to the chairman or vice-chainnan by three members of the board. Secs. 2-274--2-285. Reserved. 9 DIVISION 7. COMMUNITY IMAGE ADVISORY BOARD Sec. 2-286. Advisory board created; purpose There is hereby created the community image advisory board (the "board"). The board shall act in an advisory capacity to the city council with respect to matters concerning regulations for adoption by the city council and recommendations for code enforcement. Sec. 2-287. Composition; qualifications. The board shall consist of seven members appointed by the city council. Members shall be persons who have a diverse interest in and knowledge about the city, business and various familiarities with the Code of Ordinances. Sec. 2-288. Duties, operational rules and procedures. The board shall have the following powers and perform the following duties: (1) Hold monthly meetings at regular stated times as needed. (2) The board shall consider the issues concerning code enforcement and suggest proposed regulations or enforcement activities. Sees. 2-289--2-300. Reserved." SECTION 3. 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 11, Sections 11-1 to 11-10, entitled "Libraries", and replacing it with a new Chapter 11, Sections 11-I to 11- 7, entitled "Libraries" which shall read as follows: "Chapter 11 - LIBRARIES "Sec. 11-1. Library Director. The Library Director shall be appointed by the city manager and shall serve as administrative head of the city public library. The Library Director shall supervise the maintenance and use of the library and shall maintain an appropriate set of books or other suitable records in which shall be kept all receipts and expenditures of the library and a complete listing of all books, periodicals, manuscripts, furniture, furnishings, instruments, apparatus or other property or equipment purchased for or donated to the library. The Library Director shall have authority to maintain order in and about the library premises. The Library Director shall prepare an annual report to the library board and the city council and shall submit all such reports as may be required or requested by the board, the city council or other state, national or local agency. The Library Director shall prepare a budget to be submitted to the board for approval and transmittal 10 to the city manager for inclusion in the annual budget of the city. Sec. 11-2. Library rules and regulations. The general rules and regulations for the operation and use of the library shall be promulgated by the Library Director and approved by the city manager. The books, newspapers, magazines, pamphlets, manuscripts, or other property of the city public library shall be the property of the city; any person injuring or defacing any such property shall be liable to account therefore to the Library Director. The Library Director shall have authority to establish fines for any person retaining any such book, newspaper, magazine, pamphlet, manuscript or other property beyond the expiration of the time which by the rules of the library such property may be kept. Sec. 11-3. Illegal removal of materials; fine. Every person, parent or guardian of a child who is under the age of 17 years who shall take or borrow from The Colony Public Library any book, pamphlet, periodical, paper or other property except in accordance with the rules of such library, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in section 1-5. Sec. 11-4. Return of borrowed materials; fine. Every person, parent or guardian of a child under the age of 17 years, who shall take or borrow from The Colony Public Library any book, pamphlet, periodical, paper or other property and neglect, refuse or fail to return the same within two weeks after the date of mailing a notice by certified mail with return receipt requested to his address noted on the current library card may be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished as provided in Section 1-5 for each offense, plus all fines normally assessed by the library for each day's violation of its rules. Sec. 11-5. Defacing of library materials; fine. Every person, parent or guardian of a child under the age of 17 years, who shall willfully or wantonly cut, mutilate, mark, tear, write upon, deface or otherwise destroy or injure in whole or in part, any book, pamphlet, periodical, map or document, picture, or written or engraved or printed paper or any other library property belonging to the city of The Colony Public Library, or shall suffer any such injury to be inflicted while such property is in his custody, or shall willfully or wantonly injure any of the furniture or property in the building of The Colony Public Library, or shall willfully or wantonly mark or deface or in any way injure The Colony Public Library or any part thereof, or any fixtures therein or appurtenances thereto, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1-5 for each offense. See. 11-6. Liability. Any person, parent or guardian of a child under the age of 17 years who has authorized such child to have borrowing privileges, who violates any of the provisions of this chapter shall be 11 subject to the penalties as provided for herein. Sec. 11-7. Penalty. The penalty for a violation of this chapter shall be a fine not to exceed the sum of $500.00 for each offense." SECTION 4. 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 5. 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 6. Any person, firm, or corporation violating any of the provisions or terms of this Ordinance shall be guilty of a misdemeanor and upon conviction, shall be fined a sum not to exceed $500.00 for each offense, and each and every violation or day such violation shall continue or exist, shall be deemed a separate offense. SECTION 7. 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 4th day of January, 2011. , Mayor ATTEST: Christie Wilson, City Secretary APPROVED AS TO FORM: l eff Moo , City Attorney r 12