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HomeMy WebLinkAboutORD 1467 - ORD Reforming the Adminitration and Organization of the Government Ordinance No. 1467 AN ORDINANCE REFORMING THE ADMINISTRATION AND ORGANIZATION OF THE GOVERNMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING THE CODE OF ORDINANCES OF SAID CITY; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council has studied the administration and organization of the government of the City; and WHEREAS, the City Council desires to reform City government by streamlining and updating the government's administration and organization; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. Articles I, II, and III of Chapter 2 of the Code of Ordinances of the City of West University Place, Texas are hereby amended to read in their entirety as set out in Exhibit A, which is attached to this ordinance and incorporated herein by this reference for all purposes. Section 2. (a) The Code of Ordinances of the City of West University Place, Texas, is hereby amended by amending Article VI (entitled "Senior Services Board") and adding new Articles VII (entitled "Environmental Issues Committee") and VIII (entitled "Communications Committee") to Chapter 2 of such Code, which Articles VI, VII and VIII shall read as set out in Exhibit B, which is attached to this ordinance and incorporated herein by this reference for all purposes. (b) All members appointed to the Senior Services Board, the Environmental Issues Committee and the COlmnunications COlmnittee by resolutions adopted September 13, 1993 shall continue in their positions on the same boards and committees mentioned in this section. lv1r. Leonard Townley is fom1ally appointed to Position 12 on the Senior Services Board for the term ending August 31, 1995. Section 3. Section 6-46 (relating to jurisdiction of the BSC) of the Code of Ordinances of the City of West University Place, Texas is hereby amended by deleting subparagraphs "b" and "c" of paragraph (1) of subsection (a). The intent of this section is to grant the BSC jurisdiction over all matters formerly handled by the electrical board or the plumbing and gas board and to provide that the BSC shall perform all functions formerly performed by those boards. Section 4. Chapter 8 of the Code of Ordinances of the City of West University Place, Texas is hereby amended by repealing Sections 8-41, 8-42, 8-43, 8-44 and 8-45 (relating to the organization of the electrical board) and further by amending all references to the electrical board in such Chapter so that they shall hereafter refer to the Building & Standards Commission. Section 5. Division 2 (relating to the ambulance advisory committee) of Article III of Chapter 9 of the Code of Ordinances of the City of West University Place, Texas is hereby repealed. Section 6. Article II (relating to board of health and health officer) of Chapter 12 of the Code of Ordinances of the City of West University Place, Texas is hereby amended to read in its entirety as set out in Exhibit C, which is attached to this ordinance and incorporated herein by this reference for all purposes. Section 7. Article II (relating to the parks and recreation board) of Chapter 16 of the Code of Ordinances of the City of West University Place, Texas is hereby amended by adding new Sections 16-16, 16-17, 16-18, 16-19, and 16-20, which shall read as set out in Exhibit D, which is attached to this ordinance and incorporated herein by this reference for all purposes. Existing Section 16-16 is repealed, and existing Section 16-17 is renumbered as Section 16-21. All members appointed to the parks and recreation board by resolution adopted September 13, 1993 shall continue in their positions on the same board. Section 8. Article I (relating to the plumbing and gas board) of Chapter 17 of the Code of Ordinances of the City of West University Place, Texas is hereby repealed. All references to the plumbing and gas board in such Chapter are amended so that they shall hereafter refer to the Building & Standards Commission. Section 9. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 10. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 11. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Act, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 12. This ordinance shall become effective upon the tenth day following its publication, as prescribed by the City Charter. PASSED AND APPROVED ON FIRST READING, this 13th day of September, 1993. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: PASSED AND APPROVED ON SECOND READING, as amended, this 27th day of September, 1993. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Attest: Signed: ~'Q~ ~ );ftr/}{A ~ BILL WATSON MAYOR ~re~~ KAY LYNN HOLLOWAY ReVie\~ "-J r- City Attorney JIM DOUGHERTY 11 b:\oadmin.54 Chapter 2 ADMINISTRA TION Art. VI. Art. VII. Art. VIII. Art. IX. In General, SS 2-1-2-15 Officers and Employees, SS 2-16-2-24 Finances, SS 2-25-2-35 Elections, SS 2-36-2-50 Employee Benefits, SS 2-51-2-70 Div. 1. Generally, S 2-51 Div. 2. 1MRS, SS 2~52-2-70 Senior Services Board, SS 2-71-2-75 Environmental Issues Committee, SS2.76-2-90 Communications Committee, SS 2-91-2-110 Records Management, SS 2-111-2-126 Art. I. Art. II. Art. III. Art. IV Art. V. ARTICLE 1. IN GENERAL Division I City CounciL Sec. 2-1. City Council Meetings; Dates. (a) Regular Meetings The City Council shall meet in regular session on each second and fourth Monday in each calendar month beginning at 7:30 PM. Exceptions: (i) If any regular meeting date falls on a holiday observed by national banks, it is automatically rescheduled for the following Monday. (ii) The City Council, by motion, resolution or ordinance may reschedule any regular meeting. (b) Other Meetings. Other meetings shall be called as provided in the City Charter. (c) Notices. The city secretary shall prepare, post and distribute notices of meetings (including the agenda assembled by the city manager) and backup information, all as prescribed by the city manager. (d) Agendas. The city manager is responsible for assembling the agenda for each meeting, but the city manager must place a subject on the agenda if the subject is requested by the Mayor or by two or more Council Members. Requests by Council Members must be in writing and delivered to the city manager by 5:00 PM on the sixth day preceding the meeting. Other persons may request the city manager to place an item on the agenda. Agendas may include groups of routine or similar items which will be considered as a group, unless any single council member requests separate consideration for an item. (e) Attendance. All members are expected to attend all meetings on time, except with a good excuse. Good excuses are determined by the City CounciL The Council may cause the attendance record of all members to be posted or published. EXHIBIT -A- (Page I at Jo. (0 ~l pages) Sec. 2-2. City Council Rules 01 Procedure. (a) Robert's Rules. Except as otherwise provided by this Code, the City Charter or controlling law, "Roberts Rules of Order, Newly Revised" (9th Edition, 1990) shall govern in all cases. Any special rules for small deliberative bodies shall apply to the City Council. The presiding officer may make and second motionso (b) Standard Procedure. Each measure shall be introduced by the presiding officer in the order shown on the agenda. After it is introduced, the procedure is: (I) Reading of the measure by the city secretary (or other person designated by the presiding officer). Reading ordinances or resolutions by caption or summary is allowed if the full text is available as prescribed by the Charter. (2) The city manger or other person may present a staff statement. (3) Motion and second. (4) Discussion. (5) Vote. (c) Voting. Informal voice voting shall be used, unless a council member requests a roll call vote. On a roll call vote, the movant votes first, the seconding member votes second, the remaining members vote in alphabetical order and the presiding officer votes last (unless the presiding officer has moved or seconded the motion). In case of a tie, the motion fails. Where there is a single vote on a group of items, under circumstances where no member requests a separate vote, the vote on the group is deemed to be same as a separate, identical vote on each item. (d) Order And Decorum. The presiding officer will preserve order and decorum, preventing the impugning of any member's motives or other personal comment not relevant to the orderly conduct of business. The presiding officer shall request all speakers to keep comments brief and relevant to the question before the CounciL In regular meetings, all remarks by members should be directed to the chair, not to other members. All persons present in the meeting room should eschew abusive, rude or inappropriate conduct. See Chapter 38 of the Texas Penal Code regarding the "hindering" of official proceedings. (e) Public Participation. Conunents and suggestions by the public are highly valued and encouraged during those parts of a meeting designated for public participation. Speakers should register in advance and should limit their presentations to three minutes each. Speakers EXHIBIT -A- (Page 2 of I' 0 total pages) should direct all remarks and ot.v,;tions to the presiding officer, who may refer them for investigation, response or other action. Because state law requires that every subject to be considered by the Council be posted in advance, the Council may be prevented by law from discussing or acting upon a subject raised by a member of the public. In this case, the presiding officer may refer the matter, and the city council may direct that the matter be placed On the agenda for an upcoming meeting. (f) Suspension of Rules. Any of the rules prescribed by this section may be suspended, for any single meeting, by a vote of three-fourths of the council members present. Division 2. City Departments Sec. 2-5, City Departments. (a) Departments; Duties,' Heads. Every employee except the city manager, the city manager's administrative secretary and the city secretary is assigned to a department. The departments are as follows: (1) Police Department (see Charter). The Police Department is responsible for emergency communications, traffic control, limited code enforcement, animal control, crime prevention, criminal investigation and apprehension. The department head is the Police Chief. (2) Fire Department (see Charter). The Fire Department is responsible for limited code enforcement, health services, emergency management (civil defense); emergency medical service, fire prevention, suppression and investigation. The department head is the Fire Chief. (3) Public Works Department (see Charter). The Public Works Department is responsible for zoning administration, building supervision (registration, plan review, permitting and inspection), capital improvements, facility maintenance, fleet management, street maintenance, drainage maintenance, solid waste management, water and sanitary sewer service. The department head is the Public Works Director who shall also be the city engineer, unless not qualified as an engineer or unless another person is so designated by the City Council. (4) Finance Department (see Charter). The Finance Department is responsible for taxation (assessment and collection), customer service (billing and payment), investments, accounting, payrolls, EXHIBIT -A- (Paee 3 of A I 0 total pages) purchasing, personnel a...J mWlicipal court administration. The department head is the Finance Director, who shall also serve as city treasurer and tax assessor and collector. (5) Parks & Recreation Department. TIle Parks & Recreation Department is responsible for recreation programs, senior services, special events, grounds maintenance, right-of-way maintenance, as well as the acquisition, development and maintenance of parks. The department head is the Parks & Recreation Director. (b) Additional Duties, Assistance. The city manager may assign additional duties to any department and may require departments to assist each other. Annual budget docwnents should show the full range of functions of each department. Division 3. Boards, Commissions and Conunittees Sec. 2-8. Boards, Commissions & Committees. (a) Pennanent Bodies; Liaisons. Pennanent boards, commissions and conunittees are as follows: (1) Building & Standards Conunission. See Chapter 6. The staff liaison is the building official, or such other person as the city manager may designate. (2) Zoning & Planning Commission. See Charter and the Zoning Ordinance. The staff liaison is the building official, or such other person as the city manager may designate. (3) Zoning Board of Adjustment. See Charter and the Zoning Ordinance. The staff liaison is building official, or such other person as the city manager may designate. (4) Parks & Recreation Board. See Chapter 16. See, also, the provisions of Chapter 16 relating to the Friends of West University Parks Fund, a non-profit corporation. The staff liaison for both the Board and the Fund is the Parks & Recreation Director, or such other person as the city manager may designate. (5) Senior Services Board. See Article VI of this Chapter. The staff liaison is the Senior Services manager, or such other person as the city manager may designate. (6) Envirorunental Issues Conunittee. See Article VII of this Chapter. TIle staff liaison is the Public Works Director, or such other person as the city manager may designate. (7) Communications Conunittee. See Article VIII of this Chapter. The staff liaison is EXHIBIT L (Page 4 01 10 total pages) the Police Chief, or su"'.. other person as the city manager may designate (b) Other Bodies. Other committees, commissions or task forces may be created or appointed from time to time, including the Charter Review Committee contemplated by the Charter. (c) Notices of Meetings. All boards, commissions and committees are requested to observe the same rules for posting notices of meetings as are observed by the City Council, even if not required by law. However, the nortices do not need to include an agenda unless otherwise required by law. (d) Liaisons, Attorney, Engineer. Designated staff liaisons are authorized to provide support and assistance for each board, commission or committee, including expenditures budgeted for that purpose. If any project requires an unusual amount of staff time or money, it should be approved by the city manager or the City Council. Only the Mayor, the city manager or the City Council may authorize the city attorney or any outside consulting engineer to provide services for a board, committee or commission. ARTICLE II. OFFICERS AND EMPLOYEES See. 2-16. City manager. (a) Additional Duties. In addition to the powers and duties prescribed by the Charter, the city manager shall: (l) Devote all working time and attention to the affairs of the City and be responsible to the City Council for the efficient administration of its affairs. (2) Exercise supervision and control over all departments. (3) Perfonn such other duties as may be prescribed by ordinance or resolution of the City Council. (b) Absence, Disability. During absence or disability, the city manager shall designate some properly qualified employee to perfonn the duties of said office and shall notify the City Council of the name of the employee. (c) Residency. The city manager mayor may not be a resident of the City. EXHIBIT -A- (PAge .( of Sec. 2-17. City attorney. (a) Requests for Services The city attorney '0 total pages) shall provide legal services only when requested by the Mayor, the City Council, the city manager or the city secretary. The city attorney is not expected to review agenda items or other matters, unless there is such a request. (b) Collection Suits. The city attorney may commence and prosecute legal proceedings for collection of taxes or other swns due to the City, if requested to do so by the Finance Director. Sec. 2-18. Bonds. The amount of the bonds contemplated by Section.10.02 of the Charter is $10,000 for each officer or employee handling money, including the members of the City Council, the city manager, the Finance Director, cashiers and any others designated by the city manager. Surety companies licensed to do business in the State of Texas are acceptable to the City Council. However, the required amount of the bond is zero at those times, and for those officers and employees, for which there is an insurance policy in effect and covering substantially the same risk. Sec. 2-19. Emergency situations. (a) Emergency Action. Every officer, agent or employee of the city, when acting within the course and scope of City duties and while responding to emergency calls or reacting to emergency situations, is hereby authorized to act in such a manner as to deal reasonably and effectively with the emergency. Neither the city nor its officers, agents or employees shall be liable for any failure to use ordinary care in such emergency. (b) Section Prevails. This section shall prevail, to the extent allowed by law, over any other law establishing a standard of care in conflict with this section; provided, however, that this section shall not be construed to authorize any action in violation of City ordinances or departmental policies, practices, procedures, orders or rules then in effect specifically governing emergencies. Sec. 2-20. Restrictions on officers and em- ployees. (a) Prohibited Benefits. This section regulates gifts, favors, privileges or employment (collectively called "benefits") as contemplated by subsection (b) of Section 10.04 of the City Charter. As provided in such subsection (b), all such benefits are prohibited, except for the regulated benefits defined below. Such regulated benefits are authorized subject to the restrictions stated below. EXHIBIT -A- (Page <'0 of I 0 total pages) (b) Regulated Benefits. 111e following are defined as regulated benefits (but see also Chapter 36 of the Texas Penal Code for additional prohibitions of certain benefits): (I) A fee prescribed by law or ordinance to be received by the officer or employee to which the officer or employee is lawfully entitled or for which he gives legitimate consideration in a capacity other than as an officer or employee. (2) A benefit conferred on account of kinship or a personal, professional or business re- lationship independent of the official status of the recipient. (3) An honorarium in consideratIon of legiti- mate services rendered above and beyond official duties and responsibilities if: (i) not more than one honorarium is received from the same person in a calendar year; and (ii) no more than one honorarium is received for the same service. (4) A benefit consisting of food, lodging, transportation or entertainment for trips or functions involving official business (5) Employment (as a salaried worker, hourly worker, partner, agent, representative or officer, but not including a sole proprietor), but only if all of the following circumstances are present: (i) The officer or employee in question is not a full-time employee of the City, and the hours of non-City employment in question do not prevent the normal discharge of City duties. (ii) The officer or employee has no responsibility or duty, on behalf of his or her non-City employer, relating to City contracts or transactions. (Hi) The officer or employee files a disclosure affidavit as contemplated by Chapter 171 of the Local Government Code and takes no part in any decision or vote on the contract or transaction in question. (iv) The officer or employee receives no salary or other compensation that depends upon, or would be affected by, any City contracts or transactions. (v) City contracts or transactions are an insignificant part of the employer's total business. If the gross revenues attributable to City contracts or transactions are less than one-half of one percent of the total gross revenues of the employer in the current year and in each preceding three years, the City contracts or transactions are conclusively preswned to be insignificant, but this does not prevent a showing of insignificance by other means (vi) Written affirmations of circumstances numbered "(ii)", "(iv)" and "(v)", above, signed by or on behalf of the non-City EXHIBIT -A- (Page 7 of I 0 total pages) employer in question, are filed with the city secretary. (6) Part-time employment (as a salaried or hourly worker) approved by the officer or employee's department head or by the city manageL See. 2-21. Personnel policies and procedures. The City Council approves and adopts the manual entitled "Personnel Policies and Procedures," dated May I, 1989, and on file in the office of the city secretary, together with all amendments adopted by ordinance. Nothing in this section or the manual adopted herein shall ever be construed as creating any contractual or vested rights of any kind. The City Council shall have the continuing right to repeal and to amend this section and the personnel manual at any time, and the City Council does not purport to surrender or abrogate any of its legislative or regulatory authority. ARTICLE m. FINANCES Sec. 2-25. Contracts and agreements. (a) Contract Definition. As used in this section, the term "contract" includes written agreements and related written documents resembling agreements such as, for example, permits, bills of sale, releases, easements, deeds, and purchase orders. (b) Advertising for Bids. The city staff is authorized to advertise for bids without prior council authority for those projects covered by the current budget. The city staff may open bids, in accordance with state law. ( c) Completion, Signing, if Council Approves. If the Council approves or authorizes a contract by motion, resolution or ordinance, whether in general or specific terms: (i) the city manager is authorized to assemble, negotiate and do all other things necessary to complete the contract and consummate the transactions approved or authorized by the council, and (ii) the mayor or the city manager may execute it for and on bebalf of the City. In addition, either the mayor or the city manager may execute any of tbe following to the extent that they relate directly to such a contract: (1) Surety bonds. (2) Change orders and amendments to the contract, but only those which, individually, do not involve an expenditure in excess of $2,500 and which cumulatively do not exceed 10 per cent of the estimated expenditure under the EXHIBIT ..A- (Page g of (0 total pages) original contract. (3) Other notices to the contractor which do not increase the expenditure under the contract. (d) Contracts Not Requring Council Approval The city manager is authorized to execute the following contracts for and on behalf of the City without prior submission to the Council: (1) Emergency contracts which are necessary to preserve life or property, under circumstances when it is necessary to take immediate action and it is impractical to await a Council meeting. (2) Non-purchase-order contracts necessary for the ordinary conduct of City business, provided: (i) the total expenditure involved by all such contracts signed by the city manager between regular meetings of the council does not exceed $10,000; (ii) the contract does not allow the use of City property, except on a "terminable-at-wiIl" basis; (iii) the director of finance has certified that funds for the contract are available; (iv) the city attorney has reviewed the contract or the controlling features of the form used. (3) Purchase orders on the City's standard form. The city manager may delegate authority to execute purchase orders for less than $5,000. Sec. 2-26. Payments, checks and signatures. (a) Payment Procedures. The city staff may make a payment to discharge a City obligation, if: (1) the payment is budgeted; (2) any applicable Charter procedures requiring a budget certificate are complied with; (3) the payment is requested by an appropriate department head or the city manager; (4) payment is made by check signed by the city treasurer and at least one other officer designated by the City Council. (b) Facsimile Signatures. Officers authorized to sign checks may use manual or facsimile signatures subject to article 7 I 7j-l, Texas Revised Civil Statutes Annotated. With respect to any documents for which a facsimile signature of the city secretary is authorized, a facsimile seal of the city is also authorized to be affixed, or caused to be affixed, by the city secretary. Sec. 2-27. Acquiescences to encroachments. (a) General Authorization. Either the city manager or the mayor may execute acquiescences to encroachments upon City easements if all of the EXHIBIT -A- q f I 0 total page~1 (Page 0 following circwnstances are pre:,c;nt: (1) the executing officer determines that the encroachment in question will not significantly hinder present or future City operations, which determination shall be evidenced by the officer's execution of the acquiescence docwnents; (2) the acquiescence docwnent does not purport to limit or to affect any of the City's regulatory or police powers, including the zoning ordinance; (3) the acquiescence docwnent provides that the encroachment may be removed at the discretion of the City, if required in the future; (4) applicable administrative provisions for the acquiescence have been complied with; and (5) the city attorney has reviewed the docwnent or the controlling features of the form. (b) Optional Referral. Either the city manager or the mayor may refer any request for an acquiescence to the City Council. EXHIBIT -A- (Page (0 of 10 total pages) ARTICLE VI. SENIOR SERVICES Sec.2-7L Board Created; Composition; Appointment; Quorum. There is hereby created the senior services board, or "SSB." It shall consist of 15 members, all appointed by the City Council. A quorum is a majority of the members appointed and holding positions which are not vacant, but never less than three. Sec. 2-72. Qualifications; terms; vacancies. (a) Each member of the SSB shall be appointed to a specific nwnbered position, nwnbered 1 through 15. Each appointee, at the time of appointment, must be a resident of the City. A member who ceases to be a resident of the City shall be deemed to have resigned and may be replaced at any time thereafter, but shall continue to serve until the successor is appointed and shall have qualified. (b) Each position shall have successive terms of office, with each term beginning on September I of each odd-nwnbered calendar year and extending through August 31 of the next following odd- nwnbered calendar year. (c) Each member appointed shall serve for the specific term, or the unexpired portion thereof, of the position to which the member is appointed. Appointments for upcoming terms may be made no sooner than sixty days prior to the beginning of the term (d) Members shall also serve after the expiration of a term of office until their respective successors are duly selected and shall have qualified. (e) In the event of death, resignation, or removal from office of any member, or any other vacancy in a position, a successor shall be appointed and qualified to serve the remaining unexpired position of the term of office of the vacant position. Sec. 2-73. Removal of members. EXHIBIT -B- (Page I of ~ total page The City Cowlcil may remove a member of the SSB, after providing notice and an opportunity for a hearing to the member. Sec. 2-74. Officers. The City Council may from time to time designate one member of the SSB as the presiding officer, who shall serve until another presiding officer is so designated. Sec. 2-75. Compensation; Staff Liaisons. (a) The members of the SSB shall receive no compensation for their services. This shall not prohibit reimbursement for actual and reasonable expenses incurred by authority of the city manager or the City CounciL (b) Staff liaisons and other administrative matters are covered by Chapter 2, Article I of this Code. Sec. 2-76. Powers and Duties of the Board. The SSB is responsible for studying the needs of senior citizens, assisting with service studies and plan development and making reconunendations to the City Council on senior citizen programs. ARTICLE VII. ENVIRONMENTAL ISSUES COMMITTEE Sec. 2-81. Created; Composition; Appointment; Quorum. There is hereby created the environmental issues conunittee, or "EIC." It shall consist of 31 members, all appointed by the City Council. The EIC shall have three sections: the recycling section, the tree section and the water section. A quorum of the whole committee or of a section is a majority of the members appointed and holding positions (of the whole committee or of a section, as the case may be) which are not vacant, but never less than three. EXHIBIT 13- (Page 2 of '- total pages) Sec. 2-82. Qualifications; terms; vacancies. (a) Each member of the Ele shall be appointed to a specific numbered position, numbered I through 3 I , as follows: Positions Section I through 10 Recycling 11 through 20 Tree 21 through 30 Water 31 (Presiding Officer) (b) Each appointee, at the time of appointment, must be a resident of the City. A member who ceases to be a resident of the City shall be deemed to have resigned and may be replaced at any time thereafter, but shall continue to serve until the successor is appointed and shall have qualified. (c) Each position shall have successive tenus of office, with each term beginning on September I of each odd-numbered calendar year and extending through August 31 of the next following odd~ numbered calendar year. (d) Each member appointed shall serve for the specific term, or the unexpired portion thereof, of the position to which the member is appointed. Appointments for upcoming tenus may be made no sooner than sixty days prior to the beginning of the term. (e) Members shall also serve after the expiration of a term of office until their respective successors are duly selected and shall have qualified. (1) In the event of death, resignation, or removal from office of any member, or any other vacancy in a position, a successor shall be appointed and qualified to serve the remaining unexpired position of the term of office of the vacant position. Sec. 2-83 Removal of members. The City Council may remove a member of the mc, after providing notice and an opportunity for a hearing to tbe member. EXHIBIT --B- (Page 3 of " total pag~ Sec. 2-84. Officers. TIle member appointed to position 31 is the presiding officer of the Ele. TIle City Council may from time to time designate one member of each section as the presiding officer of the section (and vice-presiding officer of the whole committee), who shall serve until another presiding officer of the section is so designated. See, 2-85. Compensation; Staff Liaisons. (a) The members of the EIC shall receive no compensation for their services. This shall not prohibit reimbursement for actual and reasonable expenses incurred by authority of the city manager or the City CounciL (b) Staff liaisons and other administrative matters are covered by Chapter 2, Article I of this Code. Sec. 2-86. Powers and Duties. The EIC is responsible for: (i) studies and recommendations on recycling, trees and water conservation, (ii) recommendations on visual enhancement projects, and (iii) community education on matters relating to recycling, trees, water conservation or visual enhancement. ARTICLE vn. COMMUNICATIONS COMMITTEE Sec.2-9L Created; Composition; Appointment; Quorum. There is hereby created the communications committee. It shall consist of 15 members, all appointed by the City Council. A quorum is a majority of the members appointed and holding positions which are not vacant, but never less than three. Sec. 2-92. Qualifications; terms; vacancies. (a) Each member of the committee shall be appointed to a specific numbered position, nwnbered I through 15. Each appointee, at the time of appointment, must be a resident of the City. A EXHIBIT ~ (Page ~of '- total pages) member who ceases to be a resident of the City shall be deemed to have resigned and may be replaced at any time thereafter, but shall continue to serve until the successor is appointed and shall have qualified. (b) Each position shall have successive terms of office, with each term beginning on September 1 of each odd-numbered calendar year and extending through August 31 of the next following odd- numbered calendar year. (c) Each member appointed shall serve for the specific term, or the unexpired portion thereof, of the position to which the member is appointed. Appointments for upcoming terms may be made no sooner than sixty days prior to the beginning of the term. (d) Members shall also serve after the expiration of a term of office until their respective successors are duly selected and shall have qualified. (e) In the event of death, resignation, or removal from office of any member, or any other vacancy in a position, a successor shall be appointed and qualified to serve the remaining unexpired position of the term of office of the vacant position. Sec. 2-93. Removal of members. The City Council may remove a member of the committee after providing notice and an opportunity for a hearing to the member. Sec. 2-94. Officers. The City Council may from time to time designate one member of the committee as the presiding officer, who shall serve until another presiding officer is so designated. Sec. 2-95. Compensation; Staff Liaisons. (a) The members of the committee shall receive no compensation for their services. This shall not prohibit reimbursement for actual and reasonable expenses incurred by authority of the city manager or the City Council. EXHIBIT l (Page S of b total page (b) Staff liaisons and other administrative matters are covered by Chapter 2, Article I of this Code. Sec. 2-96. Powers and Duties. The communications committee is responsible for: (i) preparing the City newsletter and new resident guides, (ii) "welcome wagon" programs, (iii) assessment of resident needs, (iv) promotions and special events, and (v) improving communication between residents and the City government. Ilb:\artvii.54 EXHIBIT ---B-- (Page ~ of b total pages) , . ARTICLE II. HEALTH AUTHORITY Sec. 12-16. Health Authority (a) The City Council shall appoint a health authority under and pursuant to the Texas Health & Safety Code ("H&S Code"). Unless otherwise allowed by the H&S Code, the health authority: (1) must have the qualifications required by the H&S Code; (2) shall serve for a two-year term from the date of appointment, and may be appointed for successive terms; (3) shall be removable from office for cause, under the personnel procedures applicable to heads of City departments; (4) may delegate authority to a properly qualified physician to act while the health authority is absent or incapacitated, in accordance with the H&S Code; and (5) shall have the authority granted by state law and this Code (b) If the health authority delegates authority to act in case of absence or disability, the following procedures shall apply: (1) the health authority, if possible, shall notify the city manager the health authority will be absent or disabled; (2) the city manager shall determine absence or disability, regardless of whether notice is given, and the city manager's determination is final; (3) during any such absence or disability, the delegatee has all of the authority of the health authority, and the health authority has no authonty. (c) The City has not established a local health department or local health district, and there is no local health board. All references in this Code to a health officer or board shall be construed to apply to the health authority. (d) In addition to duties imposed by state law, the health authority shall enforce and administer this Chapter and Chapter 10 (food and food handlers). EXHIBIT ~ (Page J - of 2 total pages) (e) TIle health authority is subject to the same standards and procedures applicable to the building official under Chapter 6 (see, e.g., Sections 6-11, et seq.). When applying for a search warrant to carry out health-related duties, the health authority is designated as the code enforcement official. Sec. 12-17. Health Inspectors; Assistance By Other Departments (a) The health aurhority may designate full or part-time City employees as health inspectors and may delegate inspection and enforcement duties to them, unless otherwise prescribed by the H&S Code. Health inspectors so designated shall have full authority to do all things the health authority could do, to the full extent necessary or convenient to carry out their delegated duties. (b) Other departments shall assist the health authority and the health inspectors, as the city manager may from time to time prescribe. Sec. 12-18. Decisions And Appeals. (a) The health authority may change or overrule any decision made by a health inspector. (b) Appeals of decisions made by either the health authority or a health inspector are heard by the Building & Standards Commission. II b:\ohealth.54 EXHIBIT ~ (Page 2 of 1 total pages) ARTICLE II. PARKS & RECREATION BOARD Sec. 16-16. Created; Composition; Appointment; Quorum. (a) There is hereby created the parks and recreation board, or "PRE." It shall consist of 15 regular members, all appointed by the City Council A quorum is a majority of the regular members appointed and holding positions which are not vacant, but never less than three. (b) In addition to the regular members, every person serving on the Board of the Friends of West University Parks Fund, a non-profit corporation, and who is not also a regular member of the PRE, shall also serve as an advisory member of the PRE. Sec. 16-17. Qualifications; terms; vacancies. (a) Each regular member of the PRE shall be appointed to a specific numbered position, numbered 1 through 15. Each appointee, at the time of appointment, must be a resident of the City. A regular member who ceases to be a resident of the City shall be deemed to have resigned and may be replaced at any time thereafter, but shall continue to serve until the successor is appointed and shall have qualified. (b) Each position shall have successive terms of office, with each term beginning on September 1 of each odd-numbered calendar year and extending through August 31 of the next following odd- numbered calendar year. (c) Each regular member appointed shall serve for the specific term, or the unexpired portion thereof, of the position to which the member is appointed. Appointments for upcoming terms may be made no sooner than sixty days prior to the beginning of the term. (d) Regular members shall also serve after the expiration of a term of office until their respective successors are duly selected and shall have qualified (e) In the event of death, resignation, or removal from office of any regular member, or any other EXHIBIT ~ (Page ,- of 2 totalpages) vacancy in a position, a successor shall be appointed and qualified to serve the remaining unexpired position of the term of office of the vacant position. Sec. 16-18. Removal of members. The City Council may remove a member of the PRE, after providing notice and an opportunity for a hearing to the member. Sec. 16-19. Officers. The City Council may from time to time designate one member of the PRB as the presiding officer, who shall serve until another presiding officer is so designatedo Sec. 16-20. Compensation; Staff Liaisons. (a) The members of the PRE shall receive no compensation for their services. This shall not prohibit reimbursement for actual and reasonable expenses incurred by authority of the city manager or the City CounciL (b) Staff liaisons and other administrative matters are covered by Chapter 2, Article I of this Code. . [Existing Section 16-17, relating to powers and duties, is renumbered as 16-21] llb:\parks.54 EXHIBIT -'L- (Page 2 of 2 total pages)