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HomeMy WebLinkAboutOrdinance No. 2011-1918 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2011-1918 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ARTICLE I, BY ADDING A NEW SECTION 2-8, ENTITLED "CITY MANAGER";9 PROVIDING FOR THE APPOINTMENT OF THE CITY MANAGER CONSISTENT WITH THE HOME-RULE CHARTER; PROVIDING FOR THE APPOINTMENT OF PERSONS TO PERFORM THE DUTIES OF CITY MANAGER DURING A DISABILITY OR ABSENCE OF THE CITY MANAGER"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3.05 of the City of The Colony, Texas, Home-Rule Charter provides that "[t]he city council shall appoint a city manager who shall serve at the pleasure of the city council. The city manager shall have such authority and responsibilities as may be designated and given by the city council;" and WHEREAS, Section 4.02 of the City of The Colony, Texas, Home-Rule Charter provides in relevant part that "[i]n case of absence or disability of the city manager, the city council may designate some qualified person to perform the duties of the office during such absence or disability." 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 amending Chapter 2, Article I, by adding a new section 2-8 entitled "City Manager," which shall read as follows: "See. 2-8. City manager. (a) The city council shall appoint a city manager as provided in the Home Rule Charter for an indefinite term and shall serve at the pleasure of the city council. The city manager shall receive such compensation as the city council may fix. (b) As provided for in the Home Rule Charter, during such absence or disability of the city manager the following persons are designated to perform the duties of the office of city manager during said absence or disability, in the following order: (1) Assistant city manager of administration; (2) Assistant city manager of operations; (3) Chief of Police; (4) City staff member appointed by the mayor and subsequently approved by the city council at the next regularly scheduled meeting." SECTION 3. 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 4. 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 5. This Ordinance shall become effective on the 1St day of October 2011 in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 20th day of September , 2011. Joe McCouriy, Mayor ATTES Christie Wilson, City Secretary r? APPROVED AS TO FORM: 4 Jeff Moore, ity Attorney Page 2