The URL can be used to link to this page

Home My Public Portal AboutOrdinance No. 1039-05 12-13-2005 • ORDINANCE NO. 1039-OS AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS CREATING A BUILDING MATERIALS ADVISORY BOARD; ESTABLISHING PROVISIONS RELATING TO THE POWERS, COMPOSITION, APPOINTMENTS AND TERMS OF OFFICE, OF MEMBERS OF SUCH BOARD; ESTABLISHING GOVERNING PROCEDURES FOR SUCH BOARD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City deems it advisable and necessary to establish a Building Materials Advisory Board to act as an advisory board to the City Council relating to all issues relating to research, developments and other information regarding building materials and construction methods, to assist the City Council in reviewing and revising City Codes relating to • such topics; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. Article XII, "Building Materials Advisory Board," is hereby added to Chapter 10 of the Richland Hills City Code is hereby added to Article XII, which section shall provide as follows: Sec. 10-351. Creation; Qualifications of members. There is hereby created a Building Materials Advisory Board. The City Council shall make reasonable efforts to appoint residents of the City who either are affiliated with the building and construction industry, such as developers, builders, construction contractors, and architects, or who have significant current experience in the use, design and application of building materials, but may also appoint members of the building and construction industry, who need not be residents of the City, so long as such persons do business in or with the City. • • SECTION 2. Section 10-352 of Article XII of Chapter 10 of the Richland Hills City Code is hereby added, which section shall provide as follows: Sec. 10-352. Composition, appointments and terms of members. (a) Composition and Qualifications. The Building Materials Advisory Board shall be composed of five regular members who shall hold numbered places 1, 2, 3, 4, and 5, along with two alternate members. The City Council if it deems it desirable, may also appoint one or more ex officio members to the Board, including a member of the City Council. (b) Appointment. Each member of the City Council shall be entitled to nominate persons to serve on the building materials advisory board in the numbered place corresponding to the numbered place on the city council held uy such council member. All nominations of regular members shall be approved without the necessity of a vote unless a member of the City Council objects to such appointment, in which case such nomination will be approved upon the affirmative vote of a majority of the members of the City Council present and voting. Any member of the City Council may nominate at-large alternate • members and ex officio members, and such nominee will be appointed upon the affirmative vote of a majority of the members of the City Council present and voting. (c) Term of office. Regular members shall be appointed according tv council places one through five, their term coinciding to the respective council member term. Any alternate and ex officio members shall serve from the date of appointment until the first regular meeting of the City Council held during the month of June in an even-numbered year, provided, however, that if a member of the City Council is appointed as an ex officio member, such member shall serve on the Board only so long as such person continues to serve on the City Council. SECTION 3. Section 10-353 of Article XII of Chapter 10 of the Richland Hills City Code is hereby added, which section shall provide as follows: Sec. 10-353. Vacancies; unexpired terms. Any vacancy occurring in the membership of the board may be filled by appointment and approval of the city council, in the same manner as provided in this article, and the person filling such vacancy shall serve for the remainder of • • the unexpired term of the member whose place becomes vacant. SECTION 4. Section 10-354 of Article XII of Chapter 10 of the Richland Hills City Code is hereby added, which section shall provide as follows: Sec. 10-354. Officers. The officers of the building materials advisory board shall be a chair, a vice-chair, and secretary, each of which shall serve for one year terms, or until their successors are elected, whichever is longer. These officers shall be elected by a majority vote of the members of the board. SECTION 5. Section 10-355 of Article XII of Chapter 10 of the Richland Hills City Code is hereby added, which section shall provide as follows: Sec. 10-355. Meetings, rules of procedure, quorum and voting. • (a) Meetings. The Board hold an organizational meeting as soon as practicable following appointment of the five regular members of the Board, and shall meet at such times thereafter as determined advisable by the Board. At the organizational meeting, the Board shall select officers. Minutes of each Board meeting shall be filed with the City Secretary. (b) Rules of Procedure. The Board may adopt such rules of proc~:dure as deemed advisable by the Board, not inconsistent with these provisions to govern its business. In the absence of a governing rule, the most recent edition of Robert's Rules of Order. Meetings shall be posted and open to the public. (c) Quorum. A majority of the currently appointed members shall constitute a quorum for the transaction of business. (d) Voting. All regular members shall be entitled to vote. In the event that a regular member is absent, the alternate member who has the longest period of continuous service and who is present shall be entitled to vote. In the event that two regular members are absent, both alternate members shall be entitled to vote. Any ex officio members shall have no voting authority. • • SECTION 6. Section 10-356 of Article XII of Chapter 10 of the Richland Hills City Code is hereby added, which section shall provide as follows: Sec. 10-356. Minutes and attendance reports submitted to the council. The secretary shall keep minutes of all proceedings of the Boarcl and shall submit such minutes, following each meeting, to the city secretary. Such minutes shall become a part of the city council's informational reports. The secretary shall also keep attendance records on each member for submission to the city council along with the Board's minutes and will make specific notation if a member misses two consecutive meetings. Any member with absences from three (3) consecutive regular meetings or not exhibiting interest in the work of the Board shall be reported to the City Council which may, at its discretion, remove the Board member. SECTION 7. Section 10-357 of Article XII of Chapter 10 of the Richland Hills City Code is hereby added, which section shall provide as follows: • Sec. 10-357. Removal of members. Notwithstanding anything contained in this article to the contrary, all regular, alternate, and ex officio members of the Board shall serve at the will of the Council, and may be removed at any time with or without cause by a majority vote of the Council. In the event any member is removed, such member shall not be entitled or empowered to continue to serve until a successor is named, but shall instead immediately forfeit and surrender office. SECTION 8. Section 10-358 of Article XII of Chapter 10 of the Richland Hills City Code is hereby added, which section shall provide as follows: Sec. 10-358. Powers of Building Materials Advisory Board. The powers, duties and responsibilities of the Board shall be as follows: a. Act in an advisory capacity to the City Council in all matters pertaining to the selection, prohibition and regulation of building materials and construction methods within the City; • • b. Cooperate with other City boards and commissions, other governmental agencies, building and construction industry groups and associations; civic groups, businesses, and all citizens of the City to advance the purposes of the Board as provided in this section; and e. Consider and review recent research, developments and other information regarding building materials and construction methods, and make recommendations to the City Council regarding proposed changes to City Codes relating to such topics in order to enhance the public health, safety and welfare, and improve the quality of life and construction of buildings and other structures within the City. SECTION 9. Section 10-359 of Article XII of Chapter 10 of the Richland Hills City Code is hereby added, which section shall provide as follows: Sec. 10-359. Applications. Any person wishing to be considered for the appointment to the Board • shall complete and file an application therefor with the city secretary, on forms supplied by the city. The city secretary shall maintain all such applications for a period of two years after their filing, for consideration by any member of the City Council considering an appointment. The city secretary shall maintain previously filed applications of an appointed board, commission or committee member indefinitely if such member is to be considered for reappointment by the city council and such member has expressed a desire to continue serving on such board, commission or committee. SECTIONS 10-360 - 10-380 RESERVED. SECTION 10. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. • SECTION 11. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 12. PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to the extent required by law. SECTION 13. EFFECTIVE DATE • This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AN>~,,AAtP~R~QyED ON THIS 13th DAY OF DECEMBER ?005. HI.AND ,,,~~~G Hj~`,,,, ' r^ = THE HONORABLE NELDA STRODER, MAYOR = ~ ~ ~ a l ATTEST: KI TTER, CITY SECRETARY EFFECTIVE DATE: Cot 3 `~S APP OVED O ND LEGALITY: TIM . SRALLA, CITY ATTORNEY •