Loading...
Item 8DCity of Southlake, Texas MEMORANDUM August 9, 2003 TO: Billy Campbell, City Manager FROM: Malcolm Jackson, Director of Community Services (xt. 1527) SUBJECT: Ordinance No. 854, 1 st Reading, Amend Chapter 12, Section 77, of the Southlake City Code to increase the number of members on the Park and Recreation Board from seven to nine, adding places eight and nine. Action Requested: City Council approval of Ordinance No. 854, 1 st Reading, amend Chapter 12, Section 12 -77, of the Southlake City Code to increase the number of members on the Park and Recreation Board from seven to nine, adding places eight and nine. Background Information: Chapter 12, Section 12 -77 of the Southlake City Code states the following: "The board shall consist of seven citizens of the city, and who shall be appointed by the city council for two -year terms, effective beginning with appointments made on or after June 1, 2000. Member shall serve until their successors are appointed, without compensation. Places on the board shall be numbered one through seven. With the most recent appointments on July 29, 2003, City Council appointed two additional members to sit on the Parks and Recreation Board, increasing the number of places from seven (7) to nine (9). The proposed ordinance increases the number of Parks and Recreation Board members from seven to nine, with four (4) places expiring in 2004, and five (5) places expiring in 2005. Financial Considerations: Not Applicable. Citizen Input/ Board Review: City Council appointment of board members on July 29, 2003 resulted in an increase in the number of Parks and Recreation Board members from seven (7) to nine (9), necessitating a revision to Section 12 -77 of the City Code. Legal Review: The City Attorney is reviewing the proposed Ordinance No. 854 as to form and legality. Alternatives: Alternatives include the following: ■ Revisions to Ordinance No. 854 and the Southlake City Code, Chapter 12, Article 3, Section 12 -77, "Park and Recreation Board" as desired. Billy Campbell, City Manager August 9, 2003 Page 2 Supporting Documents: Supporting documents include the following items: ■ Exhibit A, copy of Ordinance No. 854. ■ Exhibit B, copy of strikethrough version of Southlake City Code Section 12 -77, "Number of board members, qualifications, and terms." This exhibit highlights the proposed revisions to the City Code. Staff Recommendation: City Council approval of Ordinance No. 854, 1 st Reading, amend Chapter 12, Section 12 -77, of the Southlake City Code to increase the number of members on the Park and Recreation Board from seven to nine, adding places eight and nine. Billy Campbell, City Manager August 9, 2003 Page 3 EXHIBIT A ORDINANCE NO. 854 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS BY MODIFYING SECTION 12 -77, NUMBER OF BOARD MEMBERS, QUALIFICATIONS, AND TERMS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; 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 X1, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City wishes to amend Chapter 12 of the Code of Ordinances by modifying section 12 -77, to provide for an increase in the number of places on the Parks and Recreation Board from seven to nine; and WHEREAS, the Director of Community Services and the Parks and Recreation Board have recommended certain amendments to Chapter 12, section 12 -77; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That section 12 -77 of Chapter 12 of the Code of Ordinances, City of Southlake, Texas, is hereby amended to read as follows: Chapter 12 - PARKS AND RECREATION Sec. 12 -77. Number of board members, qualifications and terms. The board shall consist of nine citizens of the city, and who shall be appointed by the city council for two -year terms, effective beginning with appointments made on or after June 1, 2000. Member shall serve until their successors are appointed, without compensation. Places on the board shall be numbered one through nine. (Ord. No. 646, § 2, 8- 15 -95; Ord. No. 646 -A, § 2, 9 -1 -98; Ord. No. 646 -B, § 2, 6 -20- 00) SECTION 2. 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. Billy Campbell, City Manager August 9, 2003 Page 4 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 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 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. XXX or any other ordinances affecting the regulation of regulation of parks and relating to the Parks and Recreation Board 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. SECTION 5. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 6. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 7. 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 DAY OF , 2003. MAYOR ATTEST: CITY SECRETARY Billy Campbell, City Manager August 9, 2003 Page 5 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2003. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: City Attorney Billy Campbell, City Manager August 9, 2003 Page 6 Southlake City Code Sec. 12 -77. Number of board members, qualifications and terms. The board shall consist of seven nine citizens of the city, and who shall be appointed by the city council for two -year terms, effective beginning with appointments made on or after June 1, 2000. Member shall serve until their successors are appointed, without compensation. Places on the board shall be numbered one through sew nine.