Item 7HCity of Southlake, Texas
M E M O R A N D U M
August 25, 2003
TO: Billy Campbell, City Manager
FROM: Malcolm Jackson, Director of Community Services (xt. 1527)
nd
Ordinance No. 854, 2 Reading, Amend Chapter 12, Section 77, of the Southlake
SUBJECT:
City Code to increase the number of members on the Park and Recreation Board
from seven to nine, adding places eight and nine.
___________________________________________________________________________
nd
Action Requested:
City Council approval of Ordinance No. 854, 2 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/
st
Board Review:
City Council considered and approved this item on 1 reading (4-3) at their
August 19, 2003 meeting.
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 has reviewed the proposed Ordinance No. 854 as to form
and legality.
Alternatives:
Alternatives include the following:
Billy Campbell, City Manager
August 25, 2003
Page 2
Revisions to Ordinance No. 854 and the Southlake City Code, Chapter 12,
Article 3, Section 12-77, “Park and Recreation Board” as desired.
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
nd
Recommendation:
City Council approval of Ordinance No. 854, 2 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 25, 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 XI, 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 has
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.
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
Billy Campbell, City Manager
August 25, 2003
Page 4
City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 4.
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 5.
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 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 _____ DAY OF ________________,
2003.
______________________________
MAYOR
ATTEST:
______________________________
CITY SECRETARY
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 25, 2003
Page 5
EXHIBIT B
Southlake City Code
Sec. 12-77. Number of board members, qualifications and terms.
nine
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
nine
shall be numbered one through seven .