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HomeMy Public PortalAboutOrdinance No. 1201-11 07-12-20111201-11 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, CREATING A CHARTER REVIEW COMMITTEE; PROVIDING FOR APPOINTMENT AND REMOVAL OF MEMBERS; PROVIDING FOR THE APPOINTMENT OF OFFICERS; PROVIDING FOR THE ESTABLISHMENT OF RULES OF PROCEDURE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A SAVINGS CLAUSE. 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 Charter has not been amended since 1995; and WHEREAS, the City Council believes it prudent to undertake a review of the City Charter to determine if changes should be proposed by the Council to the voters; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. CREATION; QUALIFICATIONS OF MEMBERS There is hereby created an ad hoc temporary charter review committee. Members of the charter review committee shall be residents of the city. SECTION 2. COMPOSITION, APPOINTMENTS AND TERMS OF MEMBERS The charter review committee shall be composed of six members who shall hold designated places 1 through 6. Each member of the City Council shall be entitled to nominate one person to serve on the charter review committee in the numbered place corresponding to the numbered place on the city council held by such member. The mayor shall also be entitled to nominate a person to serve on the charter review committee in place 6. Each nomination shall be subject to approval by a majority vote of the City Council. Members' terms shall coincide with the term of the councilmember who nominated the member, provided that the City Council may dissolve the committee at any time by majority vote. SECTION 3. VACANCIES; UNEXPIRED TERMS Any vacancy occurring in the membership of the charter review committee shall be filled for the remainder ofthe unexpired term in the same manner as provided in section 2 for appointment of members for full terms. SECTION 4. OFFICERS The member nominated by the Mayor shall serve as the chair of the committee, which member shall vote only in the event of a tie. The members of the committee shall elect avice-chair, who shall serve as the temporary chair in absence of the chair. The vice-chair serve in such capacity until such member resigns from the committee or is removed by the City Council, or until and unless the members of the committee appoint another member to serve as vice-chair. SECTION 5. MEETINGS, RULES OF PROCEDURE AND QUORUM The charter review committee shall hold its first meeting after all six members have been appointed, and at such times thereafter as determined by the members of the committee. A vacancy shall not prevent the committee from meeting. The charter review committee shall, in all matters of procedure, be governed by Robert's Rules of Order, Newly Revised, and may adopt such additional rules of procedure as it may deem necessary. A majority of the currently appointed members, exclusive of any vacancies, shall constitute a quorum for the transaction of business. SECTION 6. MINUTES AND ATTENDANCE REPORTS SUBMITTED TO THE COUNCIL The vice-chair shall be responsible for keeping minutes and after approval of such minutes by the committee, shall deliver them to the City Secretary. SECTION 7. HOLDOVER AND REMOVAL OF MEMBERS The City Council may remove for good cause any member or members ofthe committee by majority vote, and shall thereupon proceed to fill the vacancy thereby created in the manner provided in section 2. A member shall continue to serve after the member's term has expired until anew member is appointed in the corresponding place, but a removed member shall cease to serve immediately, regardless of whether the City Council has yet appointed another member to serve. CHARTER REVIEW COMMITTEE CREATION ORDINANCE Page 2 SECTION 8. POWERS AND DUTIES The powers and duties of the charter review committee shall be to review the current City Charter and recommend to the city council any improvements and revisions to the City Charter. No debts of any kind or character shall be made or incurred by the charter review committee or by anyone acting in its behalf. SECTION 9. 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 indirect 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. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions ofthe City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 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 AND APPROVED ON THIS ~ ~. DAY OF , 2011. CHARTER REVIEW COMMITTEE CREATION ORDINANCE Page 3 r E HONORABLE DA ID . RAGAN, MAYOR ATTEST: ``,,,,`G~~~ ND~y~~ %,,,,, INDA CANTO, TRMC, CITY SECRETARY ~ ~ ~'' ~ O _E- • ~_ ~ ~ ~~1 ~ EFFECTIVE DATE: ~~ . ' . y~ APP OVED S O FORM AND LEGALITY: ~~''~~ir,,,,,~,,,,~~~~``~~~ . ~ __ TIM G. SRALLA, CITY ATTORNEY CHARTER REVIEW COMMITTEE CREATION ORDINANCE Page 4