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HomeMy WebLinkAboutOrdinance - 2023-O0002 - Amending Section 2.03.301-2.03.309 - Board Of Health - 01/24/2023First Reading January 10, 2023 Item No. 5.17 Second Reading January 24, 2023 Item No. 6.14 ORDINANCE NO. 2023-00002 AN ORDINANCE AMENDING ARTICLE 2.03, DIVISION 9 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS IN REGARD TO THE CITY OF LUBBOCK BOARD OF HEALTH; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock, Texas finds and determines that it is in the best interest of the health, safety, and welfare of the citizens of the City of Lubbock to make the following amendment to Article 2.03, Division 9 of the Code of Ordinances of the City of Lubbock; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Sections 2.03.301 through 2.03.340 of the Code of Ordinances of the City of Lubbock, Texas are hereby amended to read as follows: Division 9. Board of Health Sec. 2.03.301 Definitions For the purposes of this division: Board shall mean the City of Lubbock Board of Health. Director shall mean the Director of Public Health for the City of Lubbock. Sec. 2.03.302 Created; official designation There is hereby created and established a city board of health, such board to be officially designated as the "City of Lubbock Board of Health." Sec. 2.03.303 Composition; appointment and terms of members The Board shall consist of six (6) members appointed by the governing body of the City of Lubbock, each of whom shall be a resident citizen of the City of Lubbock, and three (3) members appointed by the governing body of Lubbock County, each of whom shall be a resident citizen of Lubbock County. The members of the Board shall hold office for terms of three (3) years, except members appointed to fill an unexpired term shall hold office for the remainder of the unexpired term. Terms shall be staggered such that three (3) terms expire each year: two (2) City of Lubbock appointed terms and one (1) Lubbock County appointed term. Sec. 2.03.304 Ex-officio members The Director shall be an ex-officio member of the Board, without voting privileges, and shall act in an advisory capacity to the Board. Sec. 2.03.305 Chairman; secretary; record of proceedings The Board shall appoint one of its members as chairman and one of its members as secretary. It shall be the duty of the chairman to preside at all meetings of the Board, and the secretary shall keep a record of all the proceedings of the Board, which record shall, upon the request of the city council, be delivered to it for its inspection and review. Sec. 2.03.306 Powers and duties The Board shall constitute an advisory board to the city council, the health authorities of the City of Lubbock and Lubbock County, the Director, and members of the Lubbock County Health District. The Board shall have the power to hold hearings in the City of Lubbock or Lubbock County and to consider and make recommendations to the city council, the health authorities of the City of Lubbock and Lubbock County, the Director, and members of the Lubbock County Health District in writing, from time to time, on any and all matters pertaining to the public health of Lubbock County. Sec. 2.03.307 Meetings The Board shall hold regular monthly meetings at a place and time to be determined by the Board. The Board shall comply with the requirements of the Texas Public Information Act and the Texas Open Meetings Act. The City Secretary of the City of Lubbock will maintain all Board documents. Sec. 2.03.308 Quorum; voting Any and all recommendations made by the Board shall be by the concurring vote of five (5) members of the Board; provided, however, that this provision shall not exclude a minority recommendation which is hereby authorized to be made in writing by less than a majority of the members of the Board. The majority of the total members of the Board shall constitute a quorum for the transaction of all matters to be considered by it. Secs. 2.03.309-2.03.340 Reserved SECTION 2. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 3. THAT the City Secretary of the City of Lubbock is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. SECTION 4. THAT this Ordinance shall become effective, except as may otherwise be provided herein, from and after its publication as provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 1 Oth day of January , 2023. Passed by the City Council on second reading this 24th day of January , 2023. TRAY PA OR ATTEST: Rebe a Garza, City Sec APPROVED A TO CONTE Bill 94eri6n, Dep ity Manager APPROVED AS TO FO Ryan B 'oke, ssi tant City Attorney Ord.Board of Health 2.03.301 12.29.22