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Item 8BMEMORANDUM September 14, 2004 TO: Billy Campbell, City Manager FROM: Malcolm Jackson, Director of Community Services SUBJECT: Ordinance No. 881, 1st Reading, Amending Section 12 -78 of Article III, Park and Recreation Board Meetings and by -laws, of Chapter 12 of the Southlake City Code; providing for revision to election of officers for Parks and Recreation Board Action Requested: City Council approval of proposed Ordinance No. 881, 1 st Reading, Amending Section 12 -78 of Article III, Park and Recreation Board Meetings and by -laws, of Chapter 12 of the Southlake City Code; providing for revision to election of officers for Parks and Recreation Board. Background Information: Following the 2004 appointments to the Parks Board, the city attorney determined that as a result of the delayed appointments to the Parks Board in 2003, the wording in the current ordinance regulating the election of board positions created a conflict between the provisions that require an election for 2004 Park Board officers and the time periods for the election and duration of the office. The current ordinance establishing the Parks and Recreation Board states that, "The board, shall meet in the first regular session following the annual appointment of new board members by the city council and shall select from the members a chairman, vice - chairman, and secretary for one -year terms and until their successors are elected." A subsequent letter of clarification from the city attorney indicated that an appropriate remedy would be to amend the ordinance to clarify the election process and terms office. The city attorney provided a revision that both clarifies and simplifies the board election process. Financial Considerations: Not applicable. Financial Impact: Not applicable. Citizen Input/ Board Review: A copy of the opinion letters from the City Attorney dated July 12, 2004 and August 30, 2004 was provided to the Parks Board. Billy Campbell, City Manager September 14, 2004 Page 2 Legal Review: The City Attorney has reviewed the Ordinance and provided the ordinance amendment attached. Alternatives: Alternatives may include: ■ City Council approval of the proposed ordinance as submitted. ■ City Council input and approval of the proposed ordinance as desired. ■ City Council denial of the proposed ordinance. Supporting Documents: Supporting documents include proposed Ordinance No. 881. Staff Recommendation: City Council approval of proposed Ordinance No. 881, 1 st Reading, Amending Section 12 -78 of Article III, Park and Recreation Board Meetings and by -laws, of Chapter 12 of the Southlake City Code; providing for revision to election of officers for Parks and Recreation Board. MWJ /mwj ORDINANCE NO. s� AN ORDINANCE MODIFYING SECTION 12 -78 OF THE CITY CODE REGARDING THE ELECTION OF OFFICERS OF THE PARK AND RECREATION BOARD, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDNG A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as the City of Southiake has previously established a Park and Recreation Board as an advisory hoard to the City Councll relating to all matters relating to park improvements and recreation programs; and WHEREAS, the City Code provides that the Park and Recreation Board shall meet annually following the appointment of new members by the City Council and shall select from the members a Chair, Vice Chair and Secretary, and that said officers shall serve one year terms and until their successors are elected; and WHEREAS, the City Council has determined that the language regarding election of such officers creates confusion and uncertainty as to the procedure for election of such Officers; NOW, THEREFORE, BE IT ORDAINED BY THE CRY COUNCIL OF THE CITY OF SOUTHl.AKE, TEXAS: SECTION I Amendment of Section 12.78 of the City Code regarding election of officers of the Park and Recreation Board. Section 12 -78 of the City Code is hereby amended to provide as follows: As soon practicable after the annual appointment of new board members by the City Council, the board shall select from the members a Chair, Vice Chair, and Secretary, each to serve until the next annual election. Should any of the above- referenced officer ORDINANCE MODIFYING SECTION 12.79 REGARDING ELECTION OF OFFICERS OF THE Past I PARKS AND RECREATION BOARD rJ�uu1GV positions become vacant, the Board shall hold a special election to till such vacancy for the duration of the unexpired term. The remainder of City Code Section 12 -78 shall remain unchanged. SECTION II Provisions Cumulative This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION III Provisions Severable 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 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, cAause, sentence, paragraph or section, SECTION IV Effective Date This ordinance shall be in full force and effect from and after its and publication as required by law, and it is so ordained, ORDINANCE AODIFYING SECTION 12 -78 REGARDING ELECTION OF OFFICERS OF THE N+p 2 PARKS AND MCREATION BOARD o'C3� �V PASSED AND APPROVED ON FIRST READING ON THIS DAY OF .2004. MAYOR ATTEST: C ITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS _. DAY OF . 2004. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attomey Date: ADOPTED: EFFECTIVE: ORDINANCE MODIFYING SECTION 12-76 REGAR04NG ELECTION OF OFFICERS OF THE Page 3 PARKS AND RECREATION BOARD