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Item 7ACITY OF SOUTHLAKE MEMORANDUM May 14, 2020 To: Honorable Mayor and Members of the City Council From: Shana K. Yelverton, City Manager 7A Subject: Ordinance No. 1228, 11' Reading, An ordinance amending Article V, "Boards and Commissions and Committees," of Chapter 2, "Administration," of the Southlake Code of Ordinances. Action The purpose of this item is to seek Council's approval of Ordinance No. Requested: 1228, which will establish term limits for board and commission positions and provide for Council appointment of board chairs. Background The Southlake City Charter prohibits individuals from serving more than Information: two successive elected terms, defined as an elected period of not more than three years. This provision has been in place since 1991. However, no such provision exists for individuals serving on boards and commissions. Very often, board members have long tenure. As Southlake has grown it has become easier to find willing volunteers to serve as board members. Often, there are many more applicants than positions. At the direction of Council, an ordinance has been prepared that establishes that board members may serve no more than two successive terms on any given board. The ordinance presented applies this limitation prospectively. It also establishes that Council will approve board chairs. This is generally accomplished upon recommendation of the board membership. Financial There are no direct financial impacts from the passage of this Considerations: ordinance. Staff currently advertises for applicants to serve on boards and commissions. Strategic Link: C5 — Promote opportunities for partnerships and volunteer involvement. Citizen Input/ Board Review: N/A Legal Review: The ordinance was drafted by the City Attorney's Office. Honorable Mayor and City Council Ordinance No. 1228, Board Term Limits Page 2 of 2 Alternatives: City Council may 1) pass the ordinance as presented, 2) modify the ordinance provisions, or 3) decide not to move forward. Supporting Ordinance No. 1228 Documents: Staff Staff recommends approving the ordinance with provisions that suit Recommendations: Council's strategic objectives. ORDINANCE NO. 1228 AN ORDINANCE AMENDING ARTICLE V, "BOARDS, COMMISSIONS AND COMMITTEES," OF CHAPTER 2, "ADMINISTRATION," OF THE SOUTHLAKE CODE OF ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHERAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City has previously enacted ordinances creating various boards, commissions, and committees; WHEREAS, these boards, commissions, and committees advise the City Council on matters related to City policies, planning and programming, and/or fulfill statutory responsibilities of the City; and WHEREAS, the City Council now deems it advisable and necessary to update and the ordinances creating and regulating the operation of the boards, commissions, and committees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION 1. Division 1 "Generally" of Article V "Boards, Commissions, and Committees" of Chapter 2 "Administration" is hereby amended to read as follows: Sec. 2.152. — Terms of office. (a) Each member of a city board, commission, or committee appointed after May 19, 2020, unless otherwise provided by subsection (b) hereof, or state law, the City Charter, the Code of Ordinances, shall serve for a term of office to commence upon the date of appointment by the city council and to continue for a term of two (2) years, and until the board 1 member's successor is appointed and qualified. Three (3) members shall be appointed each even numbered year. The remaining four (4) members shall be appointed each odd numbered year. (1) No board, commission, or committee member may serve on the same board, commission, or committee for more than two consecutive two-year terms. (2) After completion of their term, a board, commission, or committee member may be immediately appointed to serve on a different board, commission, or committee. (3) Any alternate member of a city board, commission, or committee's term, for the purpose of term limits, does not begin until appointed as a full member to the board, commission, or committee. (b) Unless otherwise provided by state law, the City Charter, or the Code of Ordinances, a member appointed to fill a vacant place on a board, commission, or committee shall serve for the length of the unexpired term. (c) In the event a Council member's office becomes vacant, the vacancy will have no effect on the board, commission, or committee member appropriately appointed to the corresponding place. Sec. 2.153. — Removal from boards. Members of boards, commissions, and committees, unless specifically provided otherwise by state law, the City Charter, or the Code of Ordinances, shall serve at the will and pleasure of the City Council, and may be removed from office in accordance with the City Charter. Sec. 2.154 — Appointment of Chairperson Unless otherwise provided by state law, the City Charter, or the Code of Ordinances, in making appointments, the City Council shall name one appointee of each board, commission, and committee as chairperson. ra SECTION 2. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provision of such ordinances and such Code are hereby repealed. SECTION 4. The City Secretary of the City of Southlake is hereby directed to publish this ordinance to the extent required by law. SECTION 5. 3 This Ordinance shall take effect immediately from and after its passage and approval, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 2020. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2020. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney 4