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HomeMy WebLinkAboutOrdinance - 2019-O0035 - Amending Article 2.03 & Council Rules For Boards & Commissions - 03/26/2019 First Reading Second Reading March 12, 2019 March 26, 2019 Item No. 8.8 Item No. 7.20 ORDINANCE NO. 2019-00035 AN ORDINANCE AMENDING ARTICLE 2.03 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO ADJUSTING THE TERM LIMITS TO THREE YEARS AND AMENDING APPOINTMENT AND VACANCY PROCEDURES TO COMPORT WITH COUNCIL RULES ON BOARDS, COMMISSIONS AND COMMITTEES WITH REGARD TO THE PERMIT AND LICENSE APPEAL BOARD, THE LUBBOCK PUBLIC TRANSIT ADVISORY BOARD, THE LAKE ALAN HENRY APPEALS BOARD, THE AIRPORT BOARD, THE BOARD OF HEALTH, THE PARK AND RECREATION BOARD, THE WATER BOARD OF APPEALS,THE BUILDING BOARD OF APPEALS,THE PLANNING AND ZONING COMMISSION, THE JUNKED VEHICLE COMPLIANCE BOARD, AND THE ANIMAL SERVICES ADVISORY BOARD; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 2.03.072 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: Sec. 2.03.072 Created; composition, terms of members There is hereby created and established a board to be known and designated as the "permit and license appeal board" consisting of seven (7) members who shall be appointed by the city council. Of such membership, three (3) members shall have expertise in the following areas: one in law enforcement, one in transportation, and one in health. The members shall serve staggered terms, as has been heretofore established, which terms shall be for three (3) years. The board shall adopt its own rules of procedure, which shall not be inconsistent with the requirements of this division, and shall elect its chairman and vice-chairman, which officers shall serve one-year terms. SECTION 2. THAT Section 2.03.113 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: Sec. 2.03.113 Members' qualifications, tenure The board shall be composed of seven (7) members, who shall be appointed by the city council. Appointments shall be for a term of three (3) years. All members appointed shall be resident citizens of Lubbock at the tune of their appointment and during their term of office. In addition to the above board members, the general manager of any contracted transit management company and the city manager (or designee) shall be ex officio members of the board without a vote. Iii addition to the seven (7) members of the board, the board may appoint one (1) representative of the Texas Tech University Student Government Association as an ex officio member of the board without a vote. SECTION 3. THAT Section 2.03.115 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: Sec. 2.03.115 Vacancies Vacancies of the board shall be administered in accordance with the city council policy regarding city boards, commissions and committees. SECTION 4. THAT Section 2.03.155 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: Sec. 2.03.155 Members, qualifications, tenure The board shall be composed of seven (7) members, who shall be appointed by the city council. Appointments shall be for a term of three (3) years. Initial appointments shall be staggered with three (3) members receiving one-year initial terms as determined by the drawing of lots. At least four (4) members appointed shall be resident citizens of Lubbock at the time of their appointment and during their term of office. Pour members shall be property owners at Lake Alan Henry at the time of their appointment and during their term of office. In addition to the above board members, the director of water utilities (or designee) shall be an ex officio member of the board without a vote. SECTION 5. THAT Section 2.03.157 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: Sec. 2.03.157 Vacancies Vacancies of the board shall be administered in accordance with the city council policy regarding city boards, commissions and committees. SECTION 6. THAT Section 2.03.263 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: See. 2.03.263 Members' qualifications, tenure The airport board shall be composed of seven (7) members, who shall be appointed by the city council. Appointments shall be for a term of three (3) years or the remainder of an unexpired term. All members appointed shall be resident citizens of the city at the time of their appointment and during their term of office. In addition to the above board members, the mayor, or a member of the city council to be selected by the council, shall serve as an ex-officio member of the board. SECTION 7. THAT Section 2.03.309 of the Code of Ordinances of the City of Lubbock is hereby deleted in its entirety. Page 2of8 SECTION 8. THAT Division 10 of Article 2.03 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: Division 10. Park and Recreation Board Sec. 2.03.341 Definition For the purposes of this division, "the board" shall mean the park and recreation board of the City of Lubbock, Texas. Sec. 2.03.342 Created There is hereby created and established a board to be known as the park and recreation board of the City of Lubbock, "Texas, in compliance with chapter 1, article II, section 22, of the charter of the city. Sec. 2.03.343 Composition The board shall consist of nine (9) members to be appointed by the city council. The city manager, director of parks and recreation, director of community facilities, director of planning and director of water utilities shall be ex-officio members without a vote. Sec. 2.03.344 Appointments from technical fields In order that the board have technical assistance in the planning and operation of its various programs, projects and activities, five (5) members of the board shall be appointed from technical fields, one (1) for each of the following groups, if possible: (1) Civil engineering. (2) Design and applied arts. (3) Park and recreation management, horticulture, landscape architecture, or a related field. (4) Any technical field appropriate to the Canyon Lakes Project or other park operations. (5) A person who has a knowledge, understanding or interest in the operation of a cemetery. Sec. 2.03.345 Tenure The members of the board shall be appointed by the city council and shall serve for terms of three (3) years. Page 3of8 Sec.2.03.346 Conduct of meetings; officers; quorum The board by majority vote shall annually elect from among its members a chairman who shall preside over the meetings of the board and a vice-chairman who shall act for the chairman during his absence. The chairman shall not be eligible to succeed himself more than one term. An election of officers of the board shall be held at the first regular meeting at which all members shall be present and thereafter as herein provided. The board shall adopt rules for the conduct of its meetings which shall provide for not less than one meeting each month. No action shall be taken by the board except by the affirmative vote of at least five (5)members, which shall constitute a quorum. Sec.2.03.347 Responsibility for personnel No provision of this division shall be construed as delegating any authority to the board over any personnel or personnel policies and regulations, but the same shall and remain the sole responsibility of the city manager. Sec. 2.03.348 Duties (a) The park and recreation board shall be an advisory board to the city council and shall make recommendations to the city council in all matters pertaining to cemeteries, and in the areas of expansion and operational policies as well as all other matters in its opinion necessary, convenient or desirable in order to operate, maintain, enlarge, extend, preserve and promote an orderly, economic, businesslike development of park and recreation facilities and programs and related art items for the city, except the naming of park and recreational areas which shall remain the responsibility of the city council after receipt of the recommendation of the board. (b) The park and recreation board may recommend to the city council such fees as may be needed in the opinion of the board for certain park and recreational facilities when it is determined by the city council that a part or all of the costs for a particular facility or activity should be paid by the user thereof. In addition, the board may recommend to the city council contracts for the operation of concessions located on park land or within recreational facilities as deemed appropriate by the city council.The board shall be further responsible for formulating such rules and regulations as may be necessary for the government of their actions, proceedings, and time and place of meetings; however, such rules and regulations shall not be in contradiction of any laws of the state,and provision of this code or other ordinance of the city or of any city council regulation or policy. (c) The park and recreation board shall have, in addition to the above responsibilities, the duty to hear appeals from orders of the director of parks and recreation with regard to diseased trees under article 14.06 of chapter 14 of this code,and to render decisions in such appeals, which decisions shall be further appealable to the city council. (d) The park and recreation board shall study, investigate, counsel and advise the parks and recreation manager in developing and/or updating a written plan for the care, Page 4of8 preservation, pruning, planting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented to the city council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Lubbock,Texas. The board, when requested by the city council,shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work. Sec. 2.03.349 Provisions cumulative The provisions of this division shall be cumulative of all other ordinances of the city on the same or similar subject matter Secs. 2.03.350-2.03.380 Reserved SECTION 9. THAT Section 2.03.381(b) of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: Sec. 2.03.381 Established (b) The director of public works or his/her designee shall be the ex-officio member and shall act as secretary for the board. The water board of appeals shall be appointed by the governing body of the city. Persons appointed to such positions shall serve for a term of three (3)years, or until such time as their successors are appointed. A simple majority of the water board of appeals shall constitute a quorum. SECTION 10.THAT Section 2.03.491 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: Sec. 2.03.491 Establishment and membership In order to hear and decide appeals of orders, decisions or determinations made by the building official or fire marshal relative to the application and interpretation of the technical construction and fire prevention codes, and to hear and decide on matters related to the permitting, licensing,or registration of individuals or entities subject to said codes,and to determine suitability of alternate materials and methods of construction, there shall be and is hereby created a board of appeals. Except as specifically noted below,the board of appeals shall consist of eleven (11)members who are qualified by experience and training to pass upon matters pertaining to the design, construction and use of buildings. Members of the board of appeals shall be appointed by the city council and shall hold office for a term of three (3) years and until their successors are qualified. Consistent with the membership set forth below,the presently constituted board members shall continue in their offices for their regular terms. The membership of the board of appeals shall include representatives from the following areas of expertise: (1) A member of the West Texas Home Builders Association; Page 5of8 (2) An active architect; (3) An active structural engineer; (4) An active commercial contractor; (5) An active realtor; (6) An active master plumber; (7) An active master electrician; (8) An active mechanical contractor with a class A license; (9) Three (3) Lubbock citizens at large who are not associated with the construction or real estate industry; and (10) Two (2) Lubbock citizens at large, not associated with the construction industry, who shall be available as alternate members for the purpose of establishing a quorum in accordance with section 2.03.494. SECTION 11. THAT Section 2.03.526 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: Sec. 2.03.526 Terms of members The members of the commission shall be appointed by the city council and shall serve for terms of three (3) years. SECTION 12.THAT Section 2.03.593 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: See. 2.03.593 Members; qualifications; tenure The board shall be composed of five (5) members, who shall be appointed by the city council and shall have officer of the city status. Initially, three members shall be appointed to two-year terms and two members shall be appointed to one-year Cerins. Future appointments shall be for a term of three (3) years. All members appointed shall be resident citizens of Lubbock at the time of their appointment and during their term of office. 1' age 6of8 SECTION 13.THAT Division 18 of Article 2.43 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: Division 18. Animal Services Advisory Board See. 2.03.631 Established (a) There is hereby created an animal services advisory board. The board shall be composed of nine (9) persons with the following qualifications: one licensed veterinarian; one animal welfare organization representative; one city official, one city animal shelter employee and three (3) at-large persons. Persons appointed to such positions by the city council shall serve for a term of three (3) years. (b) The board shall meet at least three (3) times each year and shall perform the following duties: (1) In an advisory capacity to assist the City of Lubbock in complying with the terms of the Texas Health and Safety Code, as amended; and (2) In an advisory capacity assist the city in establishing procedures applicable to the city's animal services prograin. SECTION 14. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 15. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. Page 7of8 AND IT IS SO ORDERED. Passed by the City Council on first reading on March 12, 2019 Passed by the City Council on second reading on March 26, 2019 DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City S �tai APPROVED AS TO CONTENT: pzAtz-a". Z4S7' — – Re ecca Garza, City Sec to y APPROVED AS TO FORM: Amy S� , Assist Attorney ccdocs/Board term ORD(3-4-19) Page 8of8