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Home My WebLink AboutOrdinance - 9321-1989 - Altering The Terms Of Certain Boards And Comissions To Comply Constitutional - 12/07/1989II i} DGV:da First Reading December 7, 1g99 Item #20 Second Reading December 14, 1g99 Item #9 ORDINANCE NO. 9321 ---- , AN ORDINANCE ALTERING THE TERMS OF CERTAIN BOARDS AND COMMISSIONS OF THE CITY OF lUBBOCK TO COMPLY WITH CONSTITUTIONAL REQUIREMENTS BY AMENDING THE FOLLOWING SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS; SECTION 2-354 (AIRPORT BOARD), SECTION 2-485 (ELECTRIC UTILITIES BOARD), SECTION 13-1(j) (HOUSING STANDARDS COMMISSION), SECTIONS 2-263 AND 2-264 (PARKS AND RECREATION BOARD), SECTION 2-389 (PLANNING AND ZONING COMMISSION), AND SECTION 29-25(f)(3) (URBAN DESIGN AND HISTORICAL PRESERVATION COMMITTEE); PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the terms of appointment of several City of lubbock boards and commissions whose duties are such that the members thereof are officers of the City of lubbock have in the past been established at more than two (2) years; and WHEREAS, Article 11, Section 11, of the Texas Constitution permits terms of office of more than two (2) years but not exceeding four (4) years only if such longer terms are expressly provided for by city charter; and WHEREAS, a proposed charter amendment to permit such longer terms for City of lubbock boards and commissions was submitted to the voters of the City at a special election held for such purpose in May, 1988; and WHEREAS, ·such provision for longer terms was not approved by the voters at such election; and 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 alter the terms of office for those boards and commissions whose members are officers of the City of lubbock and whose terms of appointment presently exceeds two (2) years; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 2-354 (Airport Board) of the Code of Ordinances of the City of lubbock, Texas, BE and is hereby amended by replacing the second sentence of said section with the following sentence: Appointments shall be for a term of two (2) years or the remainder of an unexpired term. SECTION 2. THAT Section 2-485 (Electric Utilities Board) of the Code of Ordinances of the City of lubbock, Texas, BE and is hereby amended to read as follows: Upon the death, resignation or removal by disqualification of any member of the electric utilities board, the City Council shall appoint a member to said electric utilities board who shall hold his membership on said board for the unexpired term to which he is appointed; otherwise, all persons appointed shall serve a full term of two (2) years. SECTION 3. THAT Section 13-l(j) (Housing Standards Commission) of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended by replacing the third sentence of said section with the following sentence: The commission members shall be appointed by the City Council and shall serve for terms of two (2) years unless appointed to serve the remainder of an unexpired term. SECTION 4. THAT Sections 2-263 and 2-264 (Parks and Recreation Board} of the Code of Ordinances of the City of lubbock, Texas, BE and are hereby amended to read as follows: Sec. 2-263. Tenure. The members of the board shall be appointed by the City Council and shall serve for terms of two (2) years unless appointed to serve the remainder of an unexpired term. Sec. 2-264. Vacancies. Upon the death, resignation or removal by disqualification of any member of the board, the City Council shall appoint a member of the board to fill such vacancy who shall hold his membership on the board for the unexpired term to which he is appointed or until his successor is appointed. In the event of expiration of the term of office of any member of the board, the newly appointed member shall serve the full term of two (2) years. SECTION 5. THAT Section 2-389 (Planning and Zoning Commission) of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended to read as follows: The members of the commission shall be appointed by the City Council and shall serve for terms of two (2) years unless appointed to serve the remainder of an unexpired term. - 2 - SECTION 6. THAT Section 29-25(f)(3) (Urban Design and Historical Preservation Commission) of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended to read as follows: (3) All members of the urban design commission shall serve for two (2) years unless appointed to serve the remainder of an unexpired term. SECTION 7. THAT all persons currently serving as members of the boards affected by this Ordinance shall serve the full term for which they were appointed and shorter terms of appointment shall commence with new appointments after the effective date of this ordinance. SECTION 8. 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 9. 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 7th day of December , 1989. Passed by the City Council on second reading this 14th day of December , 1989. -.. ~ ... B.C. McMIN; MAYOR APPROVED AS TO CONTENT: ~ C45 -3 - THE STATE OF TEXAS COUNTY OF LUBBOCK R-312 Before me France& He rnan~ez ·a Notarv Public in a,nd for Lubbock County. Texas on this day personally appeared T.J. Autl.ll' Account MAnaeer of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been.Pubhished continuously for more than fifty-two weeks prior to the first insertion of this __ __;;.L_e_l!_a_l __ rno_t_~_c_e _________ _ --------.-:-:~r--n-::::--rr. No.823423 at Lubbock County. Texas and the attached print- ed copy of the LeI! a I N ° t 1 c e is a true copy of the orig_inal and was ~rioted in the Avalanche-Journal on the following dates: December :r-6' 23' .1989 . . = $24.1. Account anae:er LUBBOCK AVALANCHE-JOURNAL ·Southwestern Newspapers Corporation Subscribed and sworn to before me this __:..2_ day of JanuarY . ORDINANCI!I NO. t:J2D. AN ORDINANCE REPEAL• lNG CERTAIN SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF L;UBBOCK, TEX• AS, WHICH HAVE BECOME OB· SOI.ETE, SUPERSEDED OR NO L.ONGER NEEDED. PROVIDING i<IJII:!da1ii3il!~I'Sa[ A SAVINGS CL.AUSE: AND PRO. "' VIDING FOR PUBL.ICATION. AN. ORDINANCE NO. 9321 . ~N ORDINANCE AI. TERING . THE TERMS OF CERTAIN · BOARDS AND COMMISSIONS OF ' THE CITY OF L.UIIBOCK TO COMPI. Y WITH CONSTITUTION· AL. REQUIREMENTS BY. AMENDING THE FOJ.I.OWING . SECTIONS OF THE CODE OF OR· DINANCES OF THE CITY OF lUBBOCK, TEXAS; SeCTION 2·35A !AIRPORT BOARD), SEC· FORM 58-10 TIDN 2-485 IEL.ECTRIC UTili· ' '---------------------------------·-------------1 TIES BOARD), SECTION ll-llil !HOUSING STANDARDS COM·, MISSION), SECTIONS 2·263 AND 2·2641PARKSANO RECREATION BOARD!, SEC:TION 2·389 !PlAN·. NING AND ZONING COMMIS· SIONl, AND SECTION 29-2511)(3) !URBAN DESIGN AND HISTORI· CAl PRESERVATION COMMIT· TEEl; PROVIDING A SAVINGS . ClAUSE AND PROVIDING FOR PUBL.ICATION • • ORDfNANCE NO. 9322