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HomeMy WebLinkAboutOrdinance - 9351-1990 - Amending Article XVI Of Chapter 2 Of The Code Of Ordinances - 04/12/1990!I I' JCR:da I First Reading. April 12, 1990 Item #29 Second Reading April 26, 1990 Item #8 ORDINANCE NO. 9351 ----- AN ORDINANCE AMENDING ARTICLE XVI OF CHAPTER 2 OF THE CODE OF ORDI-NANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE BOARD OF CITY DEVELOPMENT BY AMENDING THE BOARD'S DUTIES TO COMPLY WITH CURRENT STATE LAWS AND BY REPEALING CERTAIN SECTIONS OF THE ARTICLE WHICH ARE NO LONGER NEEDED; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to amend Article XVI of Chapter 2 of the Code of Ordinances with regard to the duties of the Board of City Development; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 2-412 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 2-412. Duties generally. The Board of City Development shall perform the following duties: (1) (2) Act as the primary advisory board on matters of economic development effecting the City of Lubbock. In this respect the board shall respond to all inquiries submit- ted to them by the City Council, on request of the City Council make recommendations concerning economic develop- ment within the City, on request of the City Council prepare reports and provide statistical data and perform any and all other advisory functions requested of the board by the City Council. Within the areas of industrial attraction, business retention and small business development the board shall act as the primary economic development agency for the City of Lubbock. In this respect the board shall: (a} Perform all specific tasks of work within the above-mentioned area as may be identified by the City Council in this economic development plan. {b} Become familiar with the City economic development plan, as adopted by the City Council, giving par- ticular attention to the areas above-mentioned. {c} Perform any other tasks of work as may be assigned to the board by the City Council. (3) (4) (5) (6) (7) In addition to the duties set forth in (1) and (2) above, the board shall build, compile and maintain a data base to be used in carrying out the City Council's economic development plan. This data base shall include all items identified in the City's economic development plan. The board shall utilize the data base above-mentioned to compile and maintain high quality information reports and packets to be made available to persons interested in the economic development of the City and persons interested in locating business, industrial or manufacturing activ- ity within the City. In addition, the data base shall be used to generate information for the City Council to use in discharging their duties in the area of economic development. The board may seek out and employ a director of economic development. The director of economic development shall be responsible to the board and shall act as the board's chief administrative officer and shall assist the board in carrying out the duties of the board as set forth in this article. The board shall, in the annual budget, make provisions for the compensation to be paid to the director of economic development and such compensation so established by the board shall comprise the salary and benefits paid to the director of economic development for his services. The director of economic development, consistent with the personnel policies and procedures adopted by the board and set forth in the board's rules, may employ such other personnel as may be necessary in order to allow the board to discharge its assigned duties. The compensation for all such employees shall be set by the board in its annual budget and such compensation so established by the board shall comprise the salary and benefits for such employees, and provided further, no such employee shall be hired until such time as the board has established such compensation for the position in question. The director of economic development shall serve at the pleasure of the board and may be removed by the board on an affirmative vote of three-fourths of the members of said board voting for such action. All other employees of the board may be removed in accordance with personnel policies and procedures adopted by the board and set forth in the board's rules. -2- (8) (9) (10) (11) The board of city development being created by Chapter 3, Article I of the Charter of the City of Lubbock, is a board of the city and as such shall comply in all respects with the annual budget process of the city, all in accord with Articles 689a-13, 689a-14, 689a-15 and 689a-16, V.A.C.S. The board shall meet at least once each month at a time and date set by resolution of the board and shall hold special meetings at the call of the chairman of the board, or two of the members. The board shall adopt rules for the conduct of its affairs which rules shall not be inconsistent with the terms of this article and which shall be submitted to the City Council for approval. Amendment to said rules shall also be submitted to the City Council for approval, and no rule shall be placed into effect without such approval as herein required. The rules shall further set forth the qualifications for the new positions listed in subsection (1) of this section, together with the duties of such positions. In accordance with Chapter 3, Article I, Section 4 of the Charter of the City of Lubbock, the Board of City Devel- opment shall make semiannual reports to the City Council of the City of Lubbock. The Board of City Development shall discharge this requirement to the City Council in the following manner: (a) Upon submission to the City of the board's proposed annual budget, or as soon thereafter as may be conveniently arranged, the board shall make a detailed report to the City Council. Such report shall include, but not be limited to, the follow- ing: (1) A review of all expenditures made by the board in discharging the duties of the board. (2) A review of the accomplishments of the board concerning all tasks of work undertaken by the board in discharging the board's duties. (3) A review of the board's advisory role and accomplishments in the area of economic development. (4) Report on any other matters concerning the board's work as may be requested by the City Council. -3- (b) Six months after the report described in subpara- graph (a) above, or as soon thereafter as may be conveniently arranged, the board shall make an interim report to the City Council. Such report shall include, but not be limited to the following: (1) A status report of all interim expenditures made by the board in discharging the duties of the board. (2) A status report on the board accomplishments in discharging all tasks of work undertaken by the board in discharging the board's duties. (3) A status report on the board role as an advi- sory board to the City Council in the area of economic development. (4) A status report concerning any other matters relating to the board's work as may be requested by the City Council. (c) In addition to the above reporting requirements, the board shall, at the request of the City Coun- cil, make any other report or furnish any other information to assist the City Council in discharg- ing its duties concerning economic development within the City of Lubbock. (12) The board may, provided it has budgeted funds available, contract for support or administrative services when, in the board's opinion, such services are needed to assist the board in the discharge of its duties. SECTION 2. THAT Section 2-414 of the Code of Ordinances of the City of Lubbock, Texas, is hereby amended to read as follows: Sec. 2-414. Implied duties. The board shall have the implied authority to do that which the board deems necessary to carry out the duties of the board as herein set out in this ordinance. However, such implied authority is limited, as hereinabove set forth, and further the board shall have no implied authority to expend funds, not authorized by its budget, or to undertake activities inconsistent with the duties of said board. SECTION 3. THAT Sections 2-409, 2-413, 2-417, 2-418 and 2-420 are hereby repealed. -4- i L SECTION 4. 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 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 12th day of April , 1990. Passed by the City Council on second reading this 26th day of April , 1990. B~McMINN, MAYOR -AtTES'f°:··. :_ ~ , . l<·APPROVED·-AS' TO CONTENT: j .-' ·---. -·· I ~G~ Bob Cass, Deputy City Manager APPROVED AS TO FORM: Jo~oss, Jr., City Attorney -5- TO: FROM: CITY OF LUBBOCK MEMO John Ross, City Attorney Larry J. Cunningham, City Manager SUBJECT: Revised Ordinance Regarding BCD Duties and Responsibilities March 23, 1990 DATE: After the discussion with City Council with regard to the revised ordi- nance for the Board of City Development, I would like to ask that you make the requested changes by City Council, which as I understand it, is on Section 2-412 (5), which is Page 2 of the Ordinance. The way I understand it, the Council wanted to delete the phrase "without approval of City Council". That would then have this read as follows: "The Board may seek out and employ a Director of Economic Development." As I understand it, no other items within the revised ordinance are to be changed, unless my notes are different from yours. I would appreciate your preparing this revised ordinance and placing it on the April 12 City Council Agenda for Council action. If you have any questions or your notes are different from mine on this issue, please let me know. Larry • Cunningham City Manager LJC:ytb / xc: Ranette Boyd, City Secretary V Bob Cass, Deputy City Manager Rod Ellis, Business Liaison Officer r· l I R-436 THE STATE OF TEXAS ~~~~eOF 1;1{,1Wy<f1)..enrr a Notar)' Public in and for Lubbock County, Texas on this day personallyappeared T.J. Auftl I, Account Hanaf!er oftheSouthwesternNewspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fitly-two weeks pri- or to the first insertion of this legal notice · _____________ _.,o. 824074 at Lubbock County, Texas and the attached print- ed copy of the I e £a I not 1 ce is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates:_,..,A..,.p;..1,r .... 1.._.1........,2_eX-L,--'-'M .... 11....,Y'---'SL.L., -1..,&9..,.9...,0,__ __________ _ LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation Subscribed and sworn to before me this,-'2=-"-9 ____ day o FORl\lSS-10 Janua rY -·-, _________ ....-----------------------------------·-··-·--··-----,e,oNO READING OROfNAIICES OAOINANCE NO. tllt AH ORDINANCE AL TEAING THE PRIMA FACIE SPEED LIM• ITS ON CERTAIN PORTIONS OF 7~TH STREET, AS HEl!EINAF• TEA MORE PAIHICULARLY DEStRIBED IN THE BODY OF THIS ORDINANCE: DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO: REPEAL· !NG CONFLICTING ORDI· NANCE$ TO THE EXTENT OF SUCH CONFLICT; APPI.ICATION OF THIS OROINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN: PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAY• INGS CLAUSE: AND PROVIDING FOR PUBLICATION. ORDINANCE NO. fD> AN ORDINANCE AMEND· ING SECTION 19-2Cl>ll2l OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK. TEXAS, BY DELETING THE LUBBOCK GAR• OEN ANO ARTS CENTER FROM THOSE SELECTED PARK FA• Clt.lTIES AT WHICH THE $ALE ANO/OR CONSUMPTION OF AL· COHOL MAY BE PERMITTED: PROVIDING A SAVINGS CLAUSE; A!\10 PROVIDING FOR PUBLICA T 101\1. ·-··· .. -·-·-····--_. ORDINANCE I\I0,'351 . AI\I ORDINANCE AMEND• ING AATIC:t.E XVI OF CHAPTER ? OP THE CODE OF O~tll• NANCE$ OF THE CITY OF LUB- BOCIC. TEXAS, WITH REGARD TO THE BOARD OF CITY DE• . VEI.OPMENT BY AMENDING THE iBOARO'S DUTIES TO COM· PLYlWITH CURRENT STATE 1,.AWS ANO BY REPEALING cei:i:rArN SECTIONS OF THE ARTllCLE WHICH ARE NO LONG-EA NEEDED; PROVIDING A ifci1frfto~':i:t1~;g:.RO· ·\ iORDINANCE N0.93.$2 AN ORDINANCE ADOPTING RULl!!S OF THE CITY OF LUB· BOCK. TEXAS, FOR PRIVATE SEWAGE FAC:fUTIES. R-u6