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MEMORANDUM
March 10, 2010
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
SUBJECT; Ordinance No. 969, 2"d Reading, Approve the Policy Ordinance
Review Committee revisions to Chapter 2 of the City Code
regarding Senior Advisory Commission and Southlake Youth
Action Commission
PUBLIC HEARING
Action Requested: City Council approval of Ordinance No. 969, 2"d Reading,
the Policy Ordinance Review Committee (P.O.R.C.)
revisions to Chapter 2 of the City Code regarding Senior
Advisory Commission (SAC) and Southlake Youth Action
Commission (SYAC).
Background
Information: The current Chapter 2 of the City Code was adopted by the
City on May 5, 1998 and October 20, 1998.
On November 9, 2004, City Council appointed a Policies and
Ordinance Review Committee (P.O.R.C.) to review policies
and ordinances that influence the operations of the
Community Services Department. The committee consisted
of Council members Virginia Muzyka, Carolyn Morris, and
Greg Jones; then Park Board members Katrina Peebles,
Mike Mills and Cara White; Senior Advisory Commission
members Bill Kyle and Cleta Pierce; SYAC representative
Chelsea Payne and city staff members Steve Polasek and
Steve Moore.
P.O.R.C. reviewed Chapter 2 of the City Code regarding
SAC and SYAC and made the following revisions:
- Sec. 2-222: Changed authority to remove members from
City Manager to City Council.
Secs. 2-216, 2-217, 2-219, 2-220, 2-221, 2-223, 2-241, 2-
242, 2-243, and 2--244: Minor grammar and housekeeping
changes to reflect board and legal practices
Financial
Considerations: NIA
6A 1
Shana Yelverton, City Manager
Meeting Date -April 6, 2010
Page 2 of 9
Strategic Link: This item is linked to the City's Strategy Map related to the
focus area of Performance Management and Service
Delivery and meets the corporate objective to Provide High
Qualify Customer Service.
Citizen Inputt
Board Review: The Policy and Ordinance Review Committee reviewed and
forwarded revisions to the City Attorney for approval.
The Senior Advisory Commission (SAC) recommended
approval (8-0) of the revisions at their January 12, 2010
meeting.
Southlake Youth Action Commission. (SYAC) recommended
approval (7--0) of the revisions at their January 6, 2010
meeting.
The City Council approved (7-0) Ordinance No. 969, 1st
reading, at their March 2, 2010 meeting.
Legal Review: The City Attorney reviewed and recommended changes. All
changes were implemented.
Alternatives: Alternatives include:
City Council approval as presented
City Council approval with input as desired
City Council decision not to approve
Supporting
Documents: Copy of Ordinance No. 969
Staff
Recommendation: Approve Ordinance No. 969, 2nd Reading, the Policy
Ordinance Review Committee (P.O.R.C.) revisions to
Chapter 2 of the City Code regarding SAC and SYAC.
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Shana Yelverton, City Manager
Meeting Date - April 6, 2010
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ORDINANCE NO. 969
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF
SOUTHLAKE, TEXAS, AS AMENDED, BY AMENDING
CHAPTER 2, ARTICLE V, DIVISION 3 "YOUTH ACTION
COMMISSION" TO AMEND COMMISSION QUALIFICATIONS,
TO DESIGNATE THE LENGTH OF COMMISSION TERMS, TO
AUTHORIZE THE CITY COUNCIL TO REMOVE MEMBERS, AND
TO AMEND COMMISSION DUTIES; BY AMENDING CHAPTER
2, ARTICLE V, DIVISION 4 "SENIOR ADVISORY COMMISSION"
TO AMEND THE NUMBER OF MEETINGS, TO AMEND THE BY-
LAWS, AND TO AMEND COMMISSION DUTIES, PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas 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 wishes to amend Chapter 2 of the Code of
Ordinances to provide for the administration of the Senior Advisory Commission
and the Southlake Youth Action Commission; and
WHEREAS, the City Council is acting pursuant to the recommendation of
the Director of Community Services, the Senior Advisory Commission, and the
Southlake Youth Action Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS THAT:
SECTION 1.
Division 3 "Youth Action Commission" and Division 4 "Senior Advisory
Commission" of Article V of Chapter 2 of the Cade of Ordinances, City of
Southlake, Texas, as amended, is hereby amended to read as follows:
"DIVISION 3.
YOUTH ACTION COMMISSION
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Shana Yelverton, City Manager
Meeting Date - April 6, 2010
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Sec. 2-216. Creation.
A youth action commission is herein created to generate broad-base
public awareness of and support for youth.
Sec. 2-217. Projects for discussion; use by council.
The City Manager or designated staff will assign, and prioritize as
necessary, projects for discussion and reporting as well as the commission
generating their own discussion projects. The mayor and city council will use the
commission as a formal "voice of youth" on various items concerning youth in the
city. Activities will also entail service projects throughout the community.
Sec. 2-218. Composition; terms.
The youth action commission shall consist of seven citizens of the city,
who must be students enrolled in school grades seven through twelve (12).
To ensure a broad spectrum of students from the community, students who
reside in the city, but do not attend school in the Carroll Independent School
District will be eligible for participation. The city shall publicize all youth action
commission meetings and work with representatives of the schools to ensure
youth are aware of the opportunity to participate in the commission. Effort will be
made to recruit members, paying particular attention to balancing the numbers of
members throughout all the grade levels. This recruitment will include a wide
distribution of information within the schools to inform youth of the opportunity to
participate in the community. Interested persons meeting the qualifications for
membership shall submit an application to the City Manager or designated staff.
Sec. 2-219. Composition; terms.
The youth action commission shall consist of representatives from each
grade level at each high school, junior high, and middle school in the city. To
ensure a broad spectrum of students from the community, high school, junior
high or middle school, students who reside in the city, but do not attend school in
the Carroll Independent School District will also be eligible for participation. The
city shall publicize all youth action commission meetings and work with
representatives of the schools to ensure youth are aware of the opportunity to
participate in the commission. Effort will be made to recruit members, paying
particular attention to balancing the numbers of members throughout all the
grade levels. This recruitment will include a wide distribution of information within
the schools to inform youth of the opportunity to participate in the community.
Interested persons meeting the qualifications for membership shall submit an
application to the city manager.
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Shana Yelverton, City Manager
Meeting Date -April 6, 2010
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Sec. 2-220. Appointment of officers; records of meetings.
The youth action commission shall select from the members, at the last
regular session of each year, a chairperson, and vice chairperson, for one-year
terms or until their successors are elected. The city shall keep a record of all
meetings of the commission and minutes thereof shall be kept on file in the office
of the city secretary. The youth action commission shall adopt by-laws to govern
the holding of its meetings which, at a minimum shall encompass the regular
meeting schedule, the manner of holding and calling of special meetings,
attendance for meetings, the role of officers, and the filing of meeting minutes
with the city secretary.
Sec. 2-221. Meetings.
(a) The Youth Action Commission shall meet at least once each month
of the school year.
(b) Special meetings may be called by the chair or the vice-chair of the
commission at any time after notice has been given to the commission.
(c) A simple majority of the members shall constitute a quorum. A vote
of the simple majority of the quorum shall be required for any action taken by the
commission.
(d) Members not planning to attend a regular meeting or special
meeting shall notify the chair or designated city staff by 12:00 noon of the
meeting day.
Sec. 2-222. Removal of members.
All members of the commission are subject to removal in accordance to
the city council's current policy. In addition, the members of the commission may
be removed at any time by the City Council, with or without cause.
Sec. 2-223. Duties of Commission.
(a) The duties and responsibilities of the Youth Action Commission are
advisory in nature. The Youth Action Commission shall:
(1) Be advisory in nature, evaluating the current issues affecting
youth in the City and bringing them to the attention of City
Council and other boards and commissions as necessary.
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Shana Yelverton, City Manager
Meeting Date -April 6, 2010
Page 6 of 9
(2) Participate in the community service projects to encourage
youth to make a difference in the community through
volunteerism.
(3) Prepare and submit to the City Council an annual report of
youth-related programs and services
(b) The commission shall not have responsibility or authority over
public officials or employees of the City.
[Secs. 2-224--2-240, Reserved.]"
DIVISION 4.
SENIOR ADVISORY COMMISSION
Sec. 2-241. Creation.
There is hereby established the senior advisory commission for the City
referred to in this division as the "Senior Advisory Commission."
Sec. 2-242. Number, qualifications and terms.
(a) The senior advisory commission shall consist of seven citizens
of the City, who must be at least fifty--five (55) years of age. An exception may be
made at the discretion of city council to appoint no more than two members
under the age of 55, who have either education and/or experience which is
deemed to be beneficial to the senior advisory commission. The city council shall
appoint members for two-year terms.
(1) Interested residents of the city, who meet the above
requirements shall submit an application to the city
secretary.
(2) The appointment process shall be consistent with the city
council interview procedure for other boards and
commissions.
(b) The council shall appoint members who shall serve their terms,
without compensation, until their successors are appointed. All appointments to
fill unexpired terms shall terminate as per the original term being filled.
(c) The city council shall also appoint two persons to serve as alternate
members. Such members shall meet the qualifications for the senior advisory
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Shana Yelverton, City Manager
Meeting Date -April 6, 2010
Page 7 of 9
commission, shall attend all meetings, shall serve for a term of one year from the
date of the appointment, and shall not be entitled to vote unless they are sitting in
for an absent senior advisory commission member.
(d) Vacancies shall be filled as need arises. The senior advisory
commission has the authority to move alternate members to full member status
as need arises. When the number of senior advisory commission members and
alternate members falls below seven, the city council will be requested to fill the
vacancies as soon as possible.
Sec. 2-243. Meetings and by-laws.
At the first regular session following the appointment of new board
members by the City Council, the senior advisory commission shall select from
the members a chairman, vice-chairman, and secretary for two-year terms and
until their successors are elected. The senior advisory commission shall adopt
bylaws to govern the holding of its meetings which, at a minimum, shall
encompass the following:
(1) Regular meetings shall be held once a month.
(2) Manner of holding and calling special meetings.
(3) Majority of members shall constitute a quorum.
(4) Members not planning to attend a regular meeting or special
meeting shall notify the chairman of the senior advisory commission
or the designated city staff by 12:00 noon of the meeting day.
(5) Any member, or alternate member with unexcused absences from
three (3) consecutive regular meetings or not exhibiting interest in
the work of the senior commission shall be reported to the city
council which may, at its discretion, remove the commission
member and appoint a replacement.
(6) Minutes of each senior advisory commission meeting shall be filed
with the city secretary and distributed to members of the city
council.
Sec. 2-244. Duties and Responsibilities.
The duties and responsibilities of the senior advisory commission shall be to:
(1) Act in an advisory capacity to the city council in all matters
pertaining to senior programs and issues, including development of
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Shana Yelverton, City Manager
Meeting Date - April 6, 2010
Page 8 of 9
long-range capital improvement programs which impact senior
citizens.
(2) Recommend changes in policies which impact senior citizens.
(3) Annually prepare and submit to city council a review of senior
related programs, services and needs.
[Secs. 2245--2-250. Reserved.]
SECTION 2.
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 provisions of such
ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance is 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 4.
All rights and remedies of the City of Southlake are expressly saved as to
any and all violations of the provisions of Ordinance No. 969 or any other
ordinances relating to the Youth Advisory Commission or the Senior Advisory
Commission which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such ordinances, same shall
not be affected by this ordinance but may be prosecuted until final disposition by
the courts.
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Shana Yelverton, City Manager
Meeting Date -April 6, 2010
Page 9 of 9
SECTION 5.
The City Secretary of the City of Southlake is hereby directed to publish
caption, penalty clause, and effective date clause in the official newspaper at
least once within ten (10) days after the passage of this ordinance.
SECTION 6.
This ordinance shall be in full force and effect from and after its passage
and publication as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS 2 DAY OF
MARCH, 2010.
MAYOR/JOHN TERRELL
ATTEST:
CITY SECRETARYILORI PAYNE
PASSED AND APPROVED ON SECOND READING ON THIS
DAY OF APRIL, 2010.
MAYOR/ JOHN TERRELL
ATTEST:
CITY SECRETARY/LORI PAYNE
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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