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Item 7A OrdinanceORDINANCE NO. 598 -B AN ORDINANCE OF THE CITY OF SOUTHLAKE ESTABLISHING THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING FOR APPOINTMENTS TO A NEIGHBORHOOD COMMITTEE AND SPECIFYING FUNCTION; PROVIDING FOR REPEALER CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City Council of the City of Southlake, Texas is of the opinion that a citizen advisory committee would be of assistance to the City Council and City staff by providing a more available form of citizen participation in the affairs of the City and to create a forum for neighbor - to- neighbor, neighbor -to -City and City to neighbor communication; and WHEREAS, the City Council desires to create such a committee by ordinance establishing the SPIN Standing Committee's membership, terms of office, and responsibilities; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That the City Council of the City of Southlake, Texas does hereby create and establish a standing advisory committee to be known as the "Southlake Program for the Involvement of Neighborhoods" (SPIN). Such committee shall be composed of 16 neighborhood representatives, a Teen Delegate, and a Senior Delegate, all of which shall be voting members of the committee. All such voting members shall be citizens of the City of Southlake, Texas, and shall reside and continue to reside within the corporate limits of the City during the term of office for which the citizen is appointed. A representative of the City Manager's Office shall be an ex- officio, non - voting member of the standing committee and shall be responsible for administration and coordination of Standing Committee activities. A quorum shall consist of six (6) voting members for the purpose of conducting business. SECTION 2. Members of the Standing Committee shall be appointed by members of the City Council, and shall be appointed for a term of two (2) years. In the appointment of the initial committee following the effective date of this ordinance, the City Council shall appoint eight (8) members for one (1) year and eight (8) members for two (2) years: All of the members of the committee shall be selected according to neighborhoods as indicated by the neighborhood map attached as exhibit "A." Each member shall reside within the neighborhood he /she is to represent. The SPIN Standing Committee shall be responsible for maintaining the applicability of Exhibit "A." At least annually, as Southlake develops and its population increases, the SPIN Standing Committee shall review the neighborhoods designated on Exhibit "A." Based on this review, new boundaries, as appropriate, shall be recommended to the City Council for approval. After June 1, 1996, terms of office shall be from January 1 through December 31 of each calendar year. Any prior appointments will automatically extend through December 31 of the final year of said appointment. SECTION 3. That members of the SPIN Standing Committee shall serve without pay, but may receive reimbursement for actual expenses incurred after prior approval of the City when such expenses result from the performance of official committee duties. The SPIN Standing Committee shall adopt Articles of Organization to govern its activities and meetings. Any modification of the Articles of Organization shall be subject to approval of the City Council, and shall not take effect until so approved. In the event of any conflict between this ordinance or any other ordinance of the City and the Articles, the ordinance shall control. The Standing Committee or any neighborhood councils appointed in conjunction with the SPIN program shall be subject to the conditions set forth in the Articles of Organization. The Articles of Organization may be altered, amended or repealed and new articles may be adopted by a majority vote; provided a quorum of Standing Committee Members is present. At least 72 hours written notice must be given of the intention to alter, amend or repeal these articles, or to adopt new articles at such meeting. SECTION 4. That any member of the committee duly appointed under the terms of this ordinance shall automatically forfeit the seat on the committee so held in the event he /she 1) discontinues residency within the neighborhood he /she was appointed to represent as defined in the neighborhood map attached as exhibit "A," or 2) files for public office. The Committee may, by inclusion in the Articles of Organization, establish additional grounds for forfeiture or removal from the committee. SECTION 5. That the SPIN Standing Committee shall elect from its members a chairperson, a vice- chairperson, and secretary; who together with the City Manager's representative shall constitute the SPIN Executive Committee. The SPIN Standing Committee shall meet once a month. The SPIN Standing Committee or representatives thereof as ordained by the committee shall meet with the Southlake City Council at regular intervals a minimum of four (4) times a year to communicate neighborhood activities, needs and concerns to the Council. SECTION 6. That the committee shall act in an advisory capacity to the City Council and the City staff in the planning and implementation of programs and activities involving neighborhood concerns. Specific concerns and activities of the committee will be determined by the committee itself after due consideration of the advice and cooperation of the City staff, the City Council, and neighborhood groups, with an emphasis on programs and activities designed to improve the quality of life in neighborhoods either singularly or collectively. A second and equally important aspect of the committee shall be to provide leadership and coordination for the activities of neighborhood based groups of citizens and to provide a channel of communication between citizens of Southlake and elected officials and /or City staff SECTION 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 8. That it is hereby found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the place, time, and purpose of said meeting was given as required. PASSED AND APPROVED on the lst reading the 18 day of January, 2005. Mayor ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 2005. Mayor ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY SOUTHLAKE PROGRAM for the INVOLVEMENT of NEIGHBORHOODS ARTICLE 1: DEFINITIONS When used in these Articles of Organization, the below listed terms and phrases shall have the following concepts and meanings: (1) SPIN The term SPIN shall mean the Southlake Program for the Involvement of Neighborhoods, as established by Southlake City Ordinance No. 598, as amended. (2) SPIN Neighbor The term SPIN Neighbor shall mean any citizen of the City of Southlake, Texas. (3) SPIN Neighborhood The term SPIN Neighborhood shall mean each of the SPIN Standing Committee designated areas of the City of Southlake, Texas, as defined in Exhibit "A" of Southlake City Ordinance No. 598, as amended. (4) SPIN Standing Committee Representative The term SPIN Standing Committee Representative shall mean the Southlake City Council appointed member of the SPIN Standing Committee from each SPIN Neighborhood. (5) The SPIN Teen Delegate The term SPIN Teen Delegate shall mean a Citizen of the City of Southlake, Texas appointed to the SPIN Standing Committee by the Southlake City Council, who is between the ages of thirteen (13) and nineteen (19) at the time of appointment. (6) The SPIN Senior Delegate The term SPIN Senior Delegate shall mean a Citizen of the City of Southlake, Texas appointed to the SPIN Standing Committee by the Southlake City Council, who is at least fifty -five (55) years of age at the time of appointment. (7) SPIN Standing Committee The term SPIN Standing Committee shall include the SPIN Standing Committee Representatives, the SPIN Teen Delegate, and the SPIN Senior Delegate, each appointed by the Southlake City Council according to Ordinance No. 598, as amended, and a designated, non - voting representative of the City Manager's Office (8) SPIN Executive Committee The SPIN Executive Committee shall consist of the officers of SPIN (Chairperson, Vice - Chairperson, and Secretary), together with the designated, non voting representative of the City Manager's Office. ARTICLE II: PURPOSE The purpose of this program is to provide a vehicle for citizen participation in the affairs of the City of Southlake and to create a forum for neighbor -to- neighbor, neighbor -to -City and City -to- neighbor communication. The organization's objectives are: (1) To direct and channel citizen involvement and participation within the City and its government; (2) To provide a common meeting ground for neighbors to come together for the free exchange of ideas on a wide variety of subjects; (3) To act as a mechanism to leverage Southlake's wide array of human resources and establish a public forum that will ensure a permanent, ongoing, community -wide dialogue; and (4) To include citizens in governmental problem- solving processes ARTICLE III: ORGANIZATION Section 1: Composition of the SPIN Standing Committee The City staff initially identified, designated and defined sixteen (16) Southlake SPIN Neighborhoods in Exhibit "A" to City of Southlake Ordinance No. 598, as amended. Characteristics of geography, proximity and other homogenetic factors shall be used in their determination. The SPIN Standing Committee shall be responsible for maintaining the integrity and applicability of Exhibit 'W', as Southlake develops, by reviewing and updating this exhibit, annually. The Southlake City Council shall appoint a SPIN Standing Committee Representative from each of the SPIN Neighborhoods, an at large Teen Delegate, an at large Senior Delegate and their respective replacements. Together they shall constitute the voting membership of the SPIN Standing Committee. Each SPIN Standing Committee Representative shall reside and continue to reside within the SPIN Neighborhood he or she is appointed to represent during the term of his or her appointment. A representative of the City Manager's office shall be an ex- officio, non - voting member of the SPIN Standing Committee. A quorum, for the purpose of conducting business, shall consist of six (6) voting members. Section 2: Officers The SPIN Standing Committee shall elect from its members a Chairperson, a Vice - Chairperson, and a Secretary, who, together with the designated, non- voting representative of the City Manager's office, shall make up the SPIN Executive Committee. The roles and responsibilities of the SPIN Officers and the SPIN Executive Committee are as follows: (a) Chairperson The Chairperson shall be the chief executive officer of the SPIN Standing Committee and the SPIN Executive Committee, and shall be responsible for their general supervision, direction and control. The Chairperson shall preside at all meetings of the SPIN Standing Committee and the SPIN Executive Committee. (b) Vice - Chairperson In the absence, disability, or resignation of the Chairperson, the Vice - Chairperson shall perform all the duties of the Chairperson, and when so acting shall have all powers of, and be subject to all restrictions on, the Chairperson. c) Secretary The Secretary shall work with the designated representative of the City Manager's office to ensure that there are appropriate minutes kept of all SPIN Standing Committee and SPIN Executive Committee meetings, and that there is timely public notification of SPIN Standing Committee meetings as prescribed by law. The Secretary shall be empowered to sign or attest any documents, required by law, or the business of the SPIN Standing Committee. In the absence of both the Chairperson and Vice - Chairperson, the Secretary shall function as a temporary Chairperson. In case of the absence, resignation or disability of the Secretary, any SPIN Standing Committee voting member may be authorized by the Chairperson or Vice - Chairperson (when acting as Chairperson) to perform the functions of Secretary. (d) City Manager's Representative The City Manager's Representative is an ex- officio, non - voting representative, designated by the City Manager, who shall be responsible for the administration and coordination of SPIN Standing Committee and SPIN Executive Committee activities. The City Manager's Representative will act as parliamentarian. In the event that an issue requires a decision prior to the next regularly scheduled SPIN Standing Committee meeting, the Executive Committee may make decisions as required for the purpose of conducting the business of SPIN. Any action taken by the Executive Committee will be subject to review by the SPIN Standing Committee. Section 3: Meetings The SPIN Standing Committee shall meet on a monthly basis, unless otherwise approved by the SPIN Standing Committee (no two consecutive monthly meetings may be omitted). Each meeting is to be open to all SPIN Neighbors with public notice of the place, time, and purpose of said meeting given, as required by law. Inclusive of these meetings, the SPIN Standing Committee and the Southlake City Council shall meet in joint session at least four (4) times a year. Section 4: SPIN Report to City Council The agenda of every regularly scheduled Southlake City Council meeting shall provide SPIN the opportunity to report SPIN Neighborhood activities, needs and concerns. Section 5: Removal of a Standing Committee Representative If a SPIN Standing Committee Representative resigns, such representative shall relinquish his /her appointment and a vacancy shall result, but such representative shall continue to serve until a successor is elected. If a SPIN Standing Committee Representative moves out of his /her respective SPIN Neighborhood, or files for public office, or if the SPIN Standing Committee, the City Council, or other adjudicatory body with jurisdiction over such issue, determines that such representative has violated the SPIN Code of Conduct, or if the SPIN Standing Committee finds that a replacement is necessary so that a SPIN Neighborhood is adequately served, such representative may be removed from such appointment. Removal shall be upon the recommendation of the SPIN Standing Committee and approval of the City Council. In the event of such removal, a vacancy shall result, and be filled as provided herein. ARTICLE IV: ANNUAL ELECTIONS Section 1: Annual Elections Elections shall be held annually during the regularly scheduled March meeting, or as soon thereafter as is practicable. Permanent officers of the SPIN Standing Committee shall be Chairperson, Vice - Chairperson, and Secretary. Subject to a quorum being present, a simple majority of members present shall determine each office, with voting being in the order of Chairperson, Vice - Chairperson, and Secretary. The term of each office shall be one (1) year, with no term limits. Each officer so elected shall serve until the next annual election, unless otherwise removed. Officers shall not be subject to term limits. Section 2: Special Elections Upon the resignation of any officer, each officer in the order of Chairperson, Vice - Chairperson, and Secretary, shall move up to the next office and serve in that capacity until the next annual election. In the event that two or more offices become vacant simultaneously, a special election shall be held to elect replacements for each office to fill the unexpired term(s). In the event that the office of Secretary becomes vacant, a special election shall be held, as above, to elect a replacement Secretary for the remainder of the unexpired term. ARTICLE V: SPIN STANDING COMMITTEE REPRESENTATIVE RESPONSIBILITIES Section l: Professionalism To effectively serve, Standing Committee representatives should take every opportunity to educate themselves about the operations of the municipal organization and current events within the City so that they may provide accurate information to their neighborhood. It is the responsibility of the SPIN Standing Committee Representative to provide leadership and coordination and to provide a multi- directional channel of communication among the SPIN Neighborhood and the Southlake City Council and City Staff Section 2: Meetings Standing Committee representatives should conduct neighborhood meetings in sufficient frequency to provide an opportunity for neighbors to be well - informed of events, issues and activities. The meetings are to be open to all members of the SPIN Neighborhood with notice of the place, time, and purpose of said meetings given at least seventy -two (72) hours in advance of each meeting. ARTICLE VI: CODE OF CONDUCT The SPIN Standing Committee shall abide by its adopted Code of Conduct (Exhibit 1 to these Articles). ARTICLE VII: COMPLANCE The City of Southlake has adopted Ordinance No. 598, as amended, which established the Southlake Program for the Involvement of Neighborhoods (SPIN) and which shall control and supersede any part or parts of these Articles in conflict with its provisions. EXHIBIT 1 SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS Code of Conduct Preamble The purpose of the Southlake Program for the Involvement of Neighborhoods (SPIN) is to foster two -way communication between the City and its citizens. Broad based participation in neighborhood issues and projects is an important element of the SPIN program. SPIN Standing Committee members have been sanctioned by the Southlake City Council to serve as representatives of the SPIN program, in addition to serving as leaders in their respective neighborhoods. Standing Committee representatives are responsible for directing and promoting the SPIN program. The role of the Standing Committee representative includes, but is not limited to, assisting the neighborhood by facilitating communication between City officials and the neighborhood, clarifying issues, and encouraging participation in the local government process. It is a privilege to serve the City of Southlake as a SPIN Standing Committee representative and each should make every effort to fulfill the obligations of the selection. The highest standards of integrity, impartiality, and professional competence are expected from Standing Committee representatives. The importance of neutrality cannot be overemphasized in regard to maintaining credibility as a Standing Committee representative for the neighborhood. As such, SPIN Standing Committee representatives have a continuing duty to disclose anything that may affect, or might appear to affect their ability to be an impartial leader of their SPIN neighborhood. Standing Committee representatives should be committed to representing all parties as necessary. The purpose of this Code of Conduct is to define the high standards expected of Standing Committee representatives. These standards will ensure public confidence in the SPIN program. The guidelines represent a standard of behavior for SPIN leaders, and it is expected that this Code shall also help to guide the official behavior of other Neighborhood Council members. This Code is not intended to address every situation which may arise in the conduct of SPIN program business; rather, it is envisioned that SPIN participants will rely on the ideals embodied in this Code to lead them through issues concerning conflicts of interest and ethical behavior. 1. Process 1.1 Standing Committee representatives shall ensure that meetings they conduct are open to all individuals and organizations and not be limited by age, race, creed, color, gender, national origin, income, or home ownership. Any form of discrimination by a SPIN member against any party on the basis of characteristic, condition, preference, belief or status of such party conflicts with the purpose of SPIN, and shall not be practiced, condoned, or facilitated by Standing Committee representatives. 1.2 The Standing Committee representative shall create an environment conducive to the expression of ideas by any neighbor wishing to be involved in the Program. It is hoped that SPIN will be a forum for encouraging open and honest discussion of issues, which would include differing viewpoints. 1.3 Standing Committee representatives should conduct neighborhood meetings in sufficient frequency to provide an opportunity for neighbors to be well informed of events, issues and activities. Standing Committee representatives shall make sure that minutes of all meetings are maintained in accordance with City Ordinance 598. In addition to neighborhood meetings, Standing Committee representatives should make diligent effort to ensure that their neighbors are made aware of SPIN activities and projects. 1.4 Standing Committee representatives shall transmit both recommendations and dissenting views proposed by particular neighborhoods on given issues to City officials. It is important that all viewpoints be considered on a particular issue. 1.5 Standing Committee representatives should participate in Standing Committee activities. 1.6 Should a Standing Committee representative be found in violation of this Code and refuse to accept the decision of the majority of Committee members reviewing the violation, by either withdrawing from the Standing Committee or correcting said violation, the case shall then be referred to the City Council for action. 2. Professionalism 2.1 To effectively serve, Standing Committee representatives should take every opportunity to educate themselves about the operations of the municipal organization and current events within the City so that they may provide accurate information to their neighborhood. 2.2 Standing Committee representatives should promote mutual respect among all parties involved in the program, including, but not limited to, other Standing Committee representatives, City staff, and elected officials. Standing Committee representatives and other SPIN participants should always exercise decorum, discretion, patience, restraint, and consideration of others time during Standing Committee and Neighborhood meetings. 2.3 Standing Committee representatives shall represent facts or circumstances as accurately as possible in the course of either providing information from the City to their neighborhoods, or in reporting information from their neighborhoods to the City. 2.4 Standing Committee representatives shall not use their influence as SPIN representatives to influence the electoral process. A SPIN Standing Committee representative shall never coerce, make a decision for, or impose his or her own judgement on neighbors. Although Standing Committee representatives may, as individuals and citizens of the City of Southlake, exercise their right to support or oppose candidates, it is inappropriate to use their position with SPIN as a political tool. Standing Committee representatives must maintain electoral neutrality and remain nonpartisan in regard to all candidates running for public office or ballot issues when performing functions in their official role. 2.5 When serving in an official capacity, Standing Committee representatives shall not offer any type of personal or professional opinions as an official representative of SPIN. 2.6 Standing Committee representatives should withdraw from the Standing Committee if they feel they can no longer maintain the impartiality needed to effectively serve as representatives of their neighborhoods. 2.7 Standing Committee representatives shall not accept any type of financial remuneration, direct or indirect, as an incentive to promote or support a particular political or commercial issue.