Item 7BMEMORANDUM
September 28, 2004
TO: Billy Campbell, City Manager
FROM: Malcolm Jackson, Director of Community Services
SUBJECT: Ordinance No. 881, 2nd 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, 2nd 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. The current draft of the ordinance does
not require an election at the time this ordinance is adopted; however, if it is the
Council's desire, the motion should indicate that.
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.
City Council approved first reading of Ordinance No. 881 (7 -0) on September
21, 2004.
Financial
Considerations: Not applicable.
Financial Impact: Not applicable.
Billy Campbell, City Manager
September 28, 2004
Page 2
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.
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, 2nd 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