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HomeMy WebLinkAboutOrdinance - 7808-1979 - Amending Chapter 2 Code Of Ordinances New Article XII - 02/08/1979· f ~.,,,. .. . DGV:hw ORDINANCE NO. 7808 ' , AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE XII, ENTITLED "COMMUNITY SERVICES"; PROVIDING FOR THE DESIGNATION OF THE CITY COUNCIL AS THE GOVERNING BOARD; PROVIDING FOR THE POWERS RETAINED BY THE GOVERNING BOARD; PROVIDING FOR THE ESTABLISHMENT OF A COMMUNITY SERVICES DEPARTMENT; PROVIDING FOR A DIRECTOR, PERSONNEL AND FUNCTIONS OF SUCH DEPARTMENT; PROVIDING FOR AN ADMINISTRATIVE BOARD TO BE ENTITLED "COMMUNITY SERVICES COMMISSION"; PROVIDING FOR THE COM- POSITION, APPOINTMENT, ELECTION, TERMS OF OFFICE AND FUNCTIONS OF SUCH COMMISSION; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council has determined that a need exists to provide programs which benefit the poor in the community and include participation by representatives of the poor, low-income and community groups; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Code of Ordinances of the City of Lubbock BE and is hereby amended by adding thereto anew Article XII to Chapter 2, which shall read as follows: SEC. 2-94. ARTICLE XII. COMMUNITY SERVICES ESTABLISHMENT OF PROGRAM-GOVERNING BOARD The City Council hereby declares a need to establish a program for adminis- tering Community Services and designates itself, the City Council, as the Governing Board. SEC. 2-95. POWERS OF GOVERNING BOARD The Governing Board, which is the City Council, in addition to other powers granted to it by law, federal and state regulations, retains the following powers: (a) Determination, subject to CSA regulations and policies, of major personnel, fiscal and program policies. (b) Determination of overall program plans and priorities. (c) Final approval of all program proposals and budgets. (d) Enforcement of compliance with all conditions of OEO and CSA grants. (e) Determination, subject to OEO and CSA regulations and policies, of rules of procedure for the governing board or governing officials. (f) Selection of the officers and executive committee (if any) of the governing board or governing officials. SEC. 2-96. COMMUNITY SERVICES DEPARTMENT (a) There is hereby created a community services department whose func- tion it shall be to routinely plan, coordinate, evaluate and administer community service programs, and such other programs as are designed for the betterment of the poor and the community. It shall have the auth- ority to initiate studies, propose projects, develop plans for financial assistance, to recommend and coordinate comprehensive programs as well as to perform all functions necessary to conduct the above mentioned programs. -~ DGV:hw (b) The department shall develop and conduct democratic selection pro- cedures which will provide for the selection of representatives of the poor on the community services commission board. Such plans and pro- cedures shall insure the maximum feasible participation of the poor, be consistent with the provisions of the Connnunity Services Act of 1974, as well as provisions of other federal, state or local enactments, as amended, and the rules and regulations of the community services administration. The department shall also propose to the City Manager for Council approval; procedures for adjusting, expanding and realigning commission membership so as to maintain proper representation of public officials, the poor and private groups. In order that the first commission may be constituted, initial democratic selection procedures shall be devised by the planning consultant to the department, which shall be consistent with provisions of the above law and regulations. (c) The department shall further cooperate with, encourage the partici- pation of and enlist the support of extra-municipal agencies and organ- izations, both private and public, to include regional councils, state and federal agencies in order that all available resources may best be focused to secure the poor; skills, knowledge, motivation and opportunities needed to become self-sufficient, as well as to afford the community at large a higher quality of life. SEC. 2-97. DIRECTOR, PERSONNEL, FACILITIES The community services department shall have a director appointed by the city manager after consideration of the recommendations of the community services commission, and such personnel as may be authorized by appropriate action with adequate facilities to conduct its activities. SEC. 2-98. ADMINISTRATIVE BOARD There is hereby created an administrative board for community services program which shall be entitled the "COMMUNITY SERVICES COMMISSION." SEC. 2-99. COMMISSION FUNCTIONS The functions of the community services commission shall be to participate in the development and implementation of the programs designed to serve the poor and the community at large. The commission shall upon reasonable advance notice, make recommendations and its views known to the City. Council concerning the exercise of Council powers employed to conduct programs pursuant to this Article. The commission shall act as an advisory agent to assist the City Council and City Manager in the supervision, guidance and enforcement of such rules, standards and policies as are adopted from time to time to conduct the programs. A primary purpose of the commission shall be to function as a con- tinuing and effective mechanism for securing broad community involvement in programs conducted pursuant to this Article. The director of the community services department shall give the City Manager reasonable advance notice .. of commission recommendations to the City Council, and provide him with a copy of such recommendations. ,i •. J. .. lV.,"tT • '---· It is hereby stated that any delegation of authority, if not expressly stated herein, amendments hereto or City Council Resolution shall be retained by the City Council as the governing board until such authority is expressly delegated to the commission. Only the governing bodies of political subdivisions which are a part of this commission may create any indebtedness. SEC. 2-100. COMPOSITION; SELECTION AND TERMS OF MEMBERS The connnunity services commission shall be composed of fifteen members, five of whom shall be public officials or their representatives, five of whom shall be representatives of the poor and five of whom shall be officials or members of business, industry, labor, religious, welfare, education, significant minority groups and other major groups and interests in the community as are designated from time to time. (a) Public officials, representatives. The City Council shall appoint five members to the commission who may be members of the council, their representatives or such other officials as may be available and willing to serve. Should other political subdivisions participate in the programs conducted pursuant to this Article, then the City Council shall determine after consulting with the governing officials of such political subdivi- sions, a method of allocating appointments which will provide such political subdivisions representation. Should public officials of the Council or political subdivisions cease to remain public officials of their res- pective bodies before the expiration of their terms as commission members, then the Council or political subdivisions as the case may be, may make an appointment to fill the unexpired commission term of such public officials. The original term of three members of this category shall be for one year from April 1, 1979. The original term of two members of this cate- gory shall be for two years from April 1, 1979. The terms of members shall be for two years. Members within this category may serve such subsequent terms as the City Council and political subdivisions in their discretion may reappoint them to. (b) Representatives of the poor. Five members of the commission shall represent the poor and be chosen in accordance with democratic selection procedures adequate to assure they are representative of the poor in the area to be served. Representatives shall be chosen from poor or low- income areas as shown on the census tracts of the latest U.S. Census. The original terms of three members of this category shall be for one year from April 1, 1979. The original terms of two members of this category shall be for two years from April 1, 1979. The terms of members shall be for two years. No member of this category may be selected if his service during the entire term to which he is selected would result in his serving more than three consecutive years or more than a total of six years as a member of the commission. ..... _...,.,,..,1 (c) Representatives of private groups and interests. The City Council shall from time to time select five private groups and interests. These private groups and interests should be business, industry, labor, religious, welfare, education, significant minority groups and other such major pri- vate groups and interests as are in the community. These groups and in- terests shall be selected in a manner to insure that the commission will remain a continuing and effective mechanism for securing broad community involvement. Once the selections are made and concurrence obtained by the community services administration, as required by any other federal or state funding agency, the respective groups and interests shall choose their representatives to serve on the commission. The original terms of three members of this category shall be for one year from April 1, 1979. The original terms of two members of this cate- gory shall be for two years from April 1, 1979. The terms of members shall be for two years. No member of this category may be appointed if his service during the entire term to which he is appointed would result in his serving more than three consecutive years or more than a total of six years as a member of the connnission. (d) To be eligible for membership on the commission a person must be at least 18 years of age upon commencing his or her term. (e) Members may be removed from office by reason of moving from the City or the jurisdiction elected from, inability to serve, or failure to attend 3 of any 5 consecutive meetings. SEC. 2-101. GENERAL RULES AND PROCEDURES The commission may select officers and create such committees as may be necessary to perform its functions. Any committee created shall fairly reflect the composition of the board. At any regular or special meeting of.the com- mission or committees of the commission, not less than fifty percent of the total respective memberships shall constitute a quorum for the transaction of business, and the act of the majority of the respective members ,in attendance at a regular or special meeting at which there is a quorom, shall be the act of the commission or committees. Unless in conflict with this chapter, Roberts Rules of Order, as revised, published by Scott, Foresman and Company, shall govern the conduct of all meetings. The commission may propose procedures for the conduct ,of business and after the affirmative vote of the majority of the commission membership, submit such procedures or amendments, to the City Council for .its approval. SECTION 2. THAT should any section, 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 3. THAT the City Secretary is hereby authorized and directed to cause publication of the.descriptive caption of this Ordinance as an al- ternative method provided by law. DGV:hw '-.. " ""· . -~•---·;i:::' =·=1:t::==========================================II== . ~ ,. SECTION 4. This Ordinance shall become effective on April 1, 1979. AND IT IS SO ORDERED. Passed by the City Council on first reading this 8th day of February 1979. ------'--'--- Passed by the City Council on second reading this 22nd day of February , 1979. ------ ATTEST: APPROVED AS TO. CONTENT: Denzel W. Director of APPROVED AS TO FORM: rvices Administration ~:~.~JfJ\ Donald G. Vandiver - Ass~stant City Attorney