HomeMy Public PortalAboutOrdinance No. 1234-12 09-11-2012ORDINANCE NO. 1234-12
AN ORDINANCE OF THE CITY OF RICHLAND HILLS
AMENDING CHAPTER 10 "BOARDS, COMMITTEES,
COMMISSIONS" OF THE RICHLAND HILLS MUNICIPAL CODE
("CITY CODE") BY AMENDING CERTAIN PROVISIONS
REGARDING THE CREATION, DISSOLUTION, POWERS AND
DUTIES OF THE VARIOUS BOARDS AND COMMISSIONS OF
THE CITY, AND THE COMPOSITION, QUALIFICATIONS,
APPOINTMENT, AND REMOVAL OF MEMBERS AND
OFFICERS, AND RULES OF PROCEDURE GOVERNING
MEETINGS OF SUCH BOARDS AND COMMISSIONS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
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
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS, TEXAS:
SECTION 1.
Chapter 10 "Boards, Committees, Commissions" of the Richland Hills
Municipal Code is hereby revised to read as follows:
ARTICLE I. - IN GENERAL
Sec. 10-1. -Applicability of article.
(a) Except as otherwise provided in this Code, the provisions of this Article shall
apply to all boards and commissions and committees created by the city council.
The term "board" shall mean boards, committees, or commissions.
(b) Except as otherwise clearly provided, all boards created by this chapter
shall serve in an advisory capacity to the city council.
Sec. 10-2. -Rules of procedure, posting, open meetings.
Every board created pursuant to this chapter shall adopt such rules of procedure
as deemed advisable by the board not inconsistent with the city Charter or the
provisions of this chapter to govern its business, subject to approval of the city
council. In the absence of a governing rule, the board shall abide by the most
recent edition of Rosenburg's Rules of Order on file with the city secretary. The
C:\Usersllcantu\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 Clean007.docx (o9~t3~12) Page 1
agenda for all meetings shall follow the format of the city council agendas and shall
~, be posted at least 72 hours prior to any meeting at the place where city council
agendas are customarily posted. All meetings shall be open to the public, except
that to the extent any such board is subject to the Texas Open Meetings Act or
other applicable law relating to open meetings and is authorized to convene in
executive session under such law, such board shall be entitled to consider only the
portion of such agenda in executive session as is permitted by such law.
Sec. 10-3. -Term, appointment; application
(a) Except as otherwise provided in this chapter, each council member shall be
entitled to nominate one member of the board whose place corresponds to the
nominating council member's place on the council. All nominations are subject to
the approval by a majority vote of council members present. Except as otherwise
provided in this chapter, all board members shall serve two year terms
commencing October 1st in the first year of the term of their nominating council
member and holding the same place number as their nominating council member
as the case may be. The term of any regular or alternate board member whose
term is set to coincide with the term of the mayor shall commence on October 1 st in
the first year of the term of the mayor. The council shall review applications and
make board appointments in September.
(b) All members serve until re-appointed, replaced, removed or resign.
(c) Prior to appointment and re-appointment, each applicant for a place on a
board shall complete an application on a form approved by the city manager,
which shall be made available to the city council prior to appointment. Each
applicant shall affirmatively show an interest and competency in the purpose,
duties and tasks of the board.
(d) The city secretary shall maintain all such applications for a period of two
years after their filing, for consideration by any councilmember considering an
appointment to any city board. The city secretary shall indefinitely maintain
previously filed applications of an appointed board member if such member is to be
considered for reappointment by the city council and such member has expressed
a desire to continue service on such board.
(e) When a person is appointed to a board, removed from a board or their term
is up and they are not re-appointed to a board, the city secretary shall promptly call
and email the chair of the board and the person to inform them of the council's
appointment, removal, or that their term is up and not re-appointed.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 Clean007.docx (09/13/t2) Page 2
Sec. 10-4. -Staff support.
(a) A city staff representative to the boards shall be designated by the city
manager to assist with board duties and tasks, and to coordinate with the city
secretary regarding the preparation of agendas and meeting minutes.
(b) All board member contact with the city attorney shall be through or
approved by the city manager.
(c) Unless authorized by the city manager, board members shall not give an
order to any employee of the city.
Sec. 10-5. -Appearance.
Board members attending public meetings must maintain a professional
appearance, with business casual clothing the standard.
Sec. 10-6. -Service on multiple boards.
No board member may serve in any capacity on more than one other board, unless
it is a special committee for a term less than six months in duration.
Sec. 10-7. -Debt and expenditures.
~"` No debt of any kind or character shall be made or incurred by any board, by any
board member, or by anyone acting on its behalf except in strict accordance with a
budget approved by the city council. Any expenditures made pursuant to an
approved budget must be pre-approved by the city manager. All board members
shall serve without compensation.
Sec. 10-8. -Alternates.
On any board with appointed alternates, alternates shall be given preferred
consideration over any person who is not currently a member of the board for
appointment to an expired term or vacant seat.
Sec. 10-9. - Bi-annual reporting.
All boards shall submit to the city council bi-annual, written and oral reports, one in
January and one in July, regarding the current activities, projects, achievements
and goals of the board.
C:\Usersllcantu\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter ]0 Clean007.docx (09/13/12) Page 3
Sec. 10-10. -Organizational Meeting and Officers.
All boards shall have an organizational meeting in October of each year. New
officers will be elected at each organizational meeting. The officers of the boards
shall be a chairman, vice-chairman and secretary who shall be elected by a
majority vote of the members at their organizational meeting. The officers shall be
elected from places 1 - 5. Each board shall be responsible for setting up their own
needs. In the event staff support is needed, it should be coordinated through the
city manager's office. A chairman, vice-chairman and secretary shall meet the
minimum office requirements for each board.
Sec. 10-11. -Minutes and attendance reports submitted to the council.
The board secretary or a staff liaison shall keep minutes of all proceedings of the
boards. The minutes shall be approved at each meeting thereafter and shall be
promptly submitted to the city secretary. Such minutes shall become a part of the
city council's informational reports. The secretary or staff liaison 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 three
consecutive meetings. Members must attend at least 75 percent of all meetings of
the board based on a 12 month period beginning October 1 of each year.
Secs. 10-12-10-30. -Reserved.
ARTICLE II. -ANIMAL SHELTER ADVISORY BOARD
Sec. 10-31. -Creation; qualifications of members.
There is hereby created the city animal shelter advisory board. Members of the
animal shelter advisory board shall be registered voters within the city, except as
follows:
(1) The licensed veterinarian and representative of an animal welfare
organization need not be registered voters within the city. Qualified
registered voters within the city shall be given preference for appointment.
(2) The municipal official and person whose duties include daily
operation of an animal shelter need not be registered voters within the city.
Qualified registered voters within the city shall be given preference for
appointment.
Sec. 10-32. -Composition, appointments and terms of members.
(a) The animal shelter advisory board shall be composed of nine members who
shall hold designated places 1 through 9.
C:\UsersllcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 C1ean007.docx (09/13/12) Page 4
(b) The nomination and appointment of the persons who shall hold office in
places 1 through 5 shall be in accordance with section 10-3 of this chapter.
(c) Place 6 shall be held by a licensed veterinarian; place 7 shall be held by a
municipal official; place 8 shall be held by a person whose duties include daily
operation of an animal shelter; and place 9 shall be held by a representative of an
animal welfare organization. Any member of the city council may nominate a
person to places 6 through 9, and each nomination shall be subject to approval by
a majority vote of the city council present. Places 6 through 9 shall serve terms
coinciding to that of the mayor in accordance with section 10-3 of this chapter.
Sec. 10-33. -Vacancies; unexpired terms.
Any vacancy occurring in the membership of the animal shelter advisory board
shall be filled by appointment and approval by majority vote of the city council
present, in the same manner as provided in section 10-32 for appointment of
members for full terms, for the remainder of the unexpired term of the member
whose place becomes vacant.
Sec. 10-34. -Meetings, quorum and votes.
The animal shelter advisory board shall hold meetings regularly at least every
quarter at a time and place designated by a majority vote of the members and
,~ coordinated with the city manager. A majority of the members shall constitute a
quorum for the transaction of business. All members shall have a vote.
Sec. 10-35. -Removal of members.
Any member of the animal shelter advisory board may be removed by a majority
vote of the city council present at any time without cause. The council shall
thereupon proceed to fill the vacancy thereby created in the manner provided in
section 10-33.
Sec. 10-36. -Powers and duties.
The powers and duties of the animal shelter advisory board are as follows:
(1) To advise the city council on all matters pertaining to the animal
shelter of the city.
(2) When requested by the city council, investigate, initiate, plan and
complete projects on the operation, development and improvements of
animal shelter facilities, and coordinate all projects for the improvement of
the animal shelter.
(3) Carry out such other tasks as the city council may designate.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 Clean007.docx (09/13/12) Page 5
Secs. 10-37-10-90. -Reserved.
ARTICLE III. -ECONOMIC DEVELOPMENT ADVISORY BOARD
Sec. 10-91. -Creation; qualifications of members.
There is hereby created the city economic development advisory board. Members
of the economic development advisory board shall be registered voters within the
city, except that the two representatives of the business community need not be
registered voters within the city. Qualified registered voters within the city shall be
given preference for appointment.
Sec. 10-92. -Composition, appointments and terms of members.
(a) The economic development advisory board shall be composed of seven
members who shall hold designated places 1 through 7.
(b) The nomination and appointment of the persons who shall hold office in
places 1 through 5 shall be in accordance with section 10-3 of this chapter.
(c) Places 6 and 7 shall be representatives of the business community and
must be affiliated with a commercial business operating within the city limits. Any
member of the city council may nominate a person to places 6 and 7 and each
nomination shall be subject to approval by a majority vote of the city council
present. Places 6 and 7 shall serve terms coinciding to that of the mayor in
accordance with section 10-3 of this chapter.
Sec. 10-93. -Vacancies; unexpired terms.
Any vacancy occurring in the membership of the economic development board
shall be filled by appointment and approval by majority vote of the city council
present, in the same manner as provided in section 10-92 for appointment of
members for full terms, for the remainder of the unexpired term of the member
whose place becomes vacant.
Sec. 10-94. -Meetings, quorum and votes.
The economic development advisory board shall hold meetings regularly at least
once each month at a time and place designated by a majority vote of the
members and coordinated with the city manager. A majority of the members shall
constitute a quorum for the transaction of business. All members shall have a
vote.
Sec. 10-95. -Removal of members.
Any member of the economic development advisory board may be removed by a
majority vote of the city council present at any time without cause. The council
C:\Users\Icantu\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 C1ean007.docx (09/13/12) Page 6
shall thereupon proceed to fill the vacancy thereby created in the manner provided
in section 10-93.
Sec. 10-96. -Powers and duties.
The powers and duties of the economic development advisory board shall be as
follows:
(1) To advise the city council on all matters pertaining to the economic
development of the city.
(2) Recommend to the city council policy alternatives which will promote
and enhance economic development while ensuring quality of life in the
city.
(3) Recommend to city council policies which attract new businesses
and assist existing businesses.
(4) Recommend to city council policies which encourage commercial
development and redevelopment.
(5) Coordinate, schedule and host meetings of members of the business
community in order to facilitate a positive relationship between the city and
the business community.
(6) Establish a data base of information relating to market
characteristics, labor force, land availability, labor availability and capital
availability in the city.
(7) Carry out such other tasks as the city council may designate.
Secs. 10-97-10-120. -Reserved.
ARTICLE IV. -CRIME PREVENTION ADVISORY BOARD
Sec. 10-121. -Creation; qualifications of members.
There is hereby created the city crime prevention advisory board. Members of the
crime prevention advisory board shall be registered voters within the city, except
that the representatives of the public schools and of the business community need
not be registered voters within the city. Qualified registered voters within the city
shall be given preference for appointment.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Fi1es\Content.Outlook\VMPOVB36\Chapter 10 C1ean007.docx (09/13/12) Page 7
Sec. 10-122. -Composition, appointments and terms of members.
(a) The crime prevention advisory board shall be composed of seven members
who shall hold designated places 1 through 7.
(b) The nomination and appointment of the persons who shall hold office in
places 1 through 5 shall be in accordance with section 10-3 of this chapter.
(c) Place 6 shall be a representative of the Birdville Independent School District
or other independent school district which is located in whole or in part within the
city limits, and place 7 shall be a representative of the business community and
must be affiliated with a commercial business operating within the city limits. Any
member of the city council may nominate a person to places 6 and 7, and each
nomination shall be subject to approval by a majority vote of the city council
present. Places 6 and 7 shall serve terms coinciding with that of the mayor in
accordance with section 10-3 of this chapter.
(d) Due to the sensitive nature of the information provided to the board and of
the matters considered by the crime prevention advisory board, applicants for
membership shall be subject to background checks prior to their appointment.
Sec. 10-123. -Vacancies; unexpired terms.
Any vacancy occurring in the membership of the crime prevention advisory board
shall be filled by appointment and approval by majority vote of the city council
present, in the same manner as provided in section 10-122 for appointment of
members for full terms, for the remainder of the unexpired term of the member
whose place becomes vacant.
Sec. 10-124. -Meetings, quorum and votes.
The crime prevention advisory board shall hold meetings regularly at least once
each month at a time and place designated by a majority vote of the members and
coordinated with the city manager. A majority of the members shall constitute a
quorum for the transaction of business. All members shall have a vote.
Sec. 10-125. -Removal of members.
Any member of the crime prevention advisory board may be removed by a majority
vote of the city council present at any time without cause. The council shall
thereupon proceed to fill the vacancy thereby created in the manner provided in
section 10-123.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 C1ean007.docx (09/13/12) Page 8
Sec. 10-126. -Powers and duties.
The powers and duties of the crime prevention advisory board shall be as follows:
(1) To advise the city council on all matters pertaining to the crime
prevention of the city.
(2) To assist the crime prevention officer by organizing and participating
in various crime prevention programs or events.
(3) To recruit active citizen participation in the crime prevention
programs offered by the police department.
(4) To recognize those citizens who have contributed to the success of
the crime prevention program.
(5) To recommend to the city council improvements in crime prevention
programs and services.
(6) Carry out such other tasks as the city council may designate.
Secs. 10-127-10-150. -Reserved.
ARTICLE V. -SPECIAL EVENTS COMMITTEE
Sec. 10-151. Creation; qualifications of members.
There is hereby created the city special events committee. Members of the special
events committee shall be registered voters within the city.
Sec. 10-152. -Composition, appointments and terms of members.
(a) The special events committee shall be composed of five members who
shall hold designated places 1 through 5.
(b) The nomination and appointment of the persons who shall hold office in
places 1 through 5 shall be in accordance with section 10-3 of this chapter.
Sec. 10-153. Vacancies; unexpired terms.
Any vacancy occurring in the membership of the special events committee
shall be filled by appointment and approval by majority vote of the city council
present, in the same manner as provided in section 10-152 for appointment of
members for full terms, for the remainder of the unexpired term of the member
whose place becomes vacant.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 Clean007.docx (09/13/1 z) Page 9
Sec. 10-154. Meetings, quorum and votes.
The special events committee shall hold meetings regularly as needed at a time
and place designated by a majority vote of the members and coordinated with the
city manager. A majority of the members shall constitute a quorum for the
transaction of business. All members shall have a vote.
Sec. 10-155. -Removal of members.
Any member of the special events committee may be removed by a majority vote
of the city council present at any time without cause. The council shall thereupon
proceed to fill the vacancy thereby created in the manner provided in section
10-153.
Sec. 10-156. Powers and Duties.
The powers and duties of the special events committee shall be as follows:
(1) To advise the city council on all matters pertaining to the special
events of the city.
(2) To assist the City Council with planning, budgeting for, and
fund-raising for City-sponsored special events, including, but not limited to,
the Easter Egg Hunt, Fourth of July Parade and the annual lighting of the
~```~"'` Christmas tree.
(3) Carry out such other tasks as the city council may designate.
Secs. 10-157-10-180. -Reserved.
ARTICLE VI. -KEEP RICHLAND HILLS BEAUTIFUL COMMISSION
Sec. 10-181. -Creation: qualifications of members.
There is hereby created the city Keep Richland Hills Beautiful Commission.
Members of the Keep Richland Hills Beautiful Commission shall be registered
voters within the city, except that the two representatives of the business
community need not be registered voters within the city. Qualified registered
voters residing the city shall be given preference for appointment.
Sec. 10-182. -Composition, appointments and terms of members.
(a) The Keep Richland Hills Beautiful Commission shall be composed of seven
members who shall hold designated places 1 through 7.
C:\UsersllcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter l0 C1ean007.docx (09/13/12) Page 10
(b) The nomination and appointment of the members who shall hold office in
places 1 through 5 shall be in accordance with section 10-3 of this chapter.
(c) Places 6 and 7 shall be representatives of the business community and
must be affiliated with a commercial business operating within the city limits. Any
member of the city council may nominate a person to places 6 and 7 and each
nomination shall be subject to approval by a majority vote of the city council
present. Places 6 and 7 shall serve terms coinciding to that of the mayor in
accordance with section 10-3 of this chapter.
Sec. 10-183. -Vacancies; unexpired terms.
Any vacancy occurring in the membership of the Keep Richland Hills Beautiful
Commission shall be filled by appointment and approval by majority vote of the city
council present, in the same manner as provided in section 10-182 for
appointment of members for full terms, for the remainder of the unexpired term of
the member whose place becomes vacant.
Sec. 10-184. -Meetings, quorum and votes.
The Keep Richland Hills Beautiful Commission shall hold meetings regularly at
least once each month at a time and place designated by a majority vote of the
members and coordinated with the city manager. A majority of the members shall
constitute a quorum for the transaction of business. All members shall have a
vote.
Sec. 10-185. -Removal of members.
Any member of the Keep Richland Hills Beautiful Commission may be removed by
a majority vote of the city council present at any time without cause. The council
shall thereupon proceed to fill the vacancy thereby created in the manner provided
in section 10-183.
Sec. 10-186. -Powers and duties.
The powers and duties of the Keep Richland Hills Beautiful Commission shall be
as follows:
(1) To advise the city council on all matters pertaining to Keep Richland
Hills Beautiful.
(2) Recommend refuse and environmental management policies to the
city council so all city refuse and clean city activities may follow a common
purpose.
(3) Develop city-wide refuse and environmental policy plan.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 Clean007.docx (09/13/12) Page 11
(4) Evaluate city actions in light of that policy.
(5) Determine and recommend to the city council management and
program priorities on a city-wide basis.
(6) Recommend enforcement and additional program alternatives.
(7) Monitor city performance from data collected and examined under
the Keep America Beautiful, Inc., Keep America Beautiful System
guidelines and make an annual report to the city council.
(8) Carry out such other tasks as the city council may designate.
Sec. 10-187. -Executive director.
There shall be an executive director of the Keep Richland Hills Beautiful
Commission, who shall serve as nonvoting secretary of the commission. The
executive director shall be appointed by the city manager. The executive director
shall serve in volunteer capacity under the supervision of the city manager or the
city manager's designee to implement the provisions of this article
Secs. 10-188-10-210. -Reserved.
ARTICLE VII. -LIBRARY ADVISORY BOARD
Sec. 10-211. -Creation; qualifications of members.
There is hereby created the city library advisory board. Members of the library
advisory board shall be registered voters within the city.
Sec. 10-212. -Composition, appointments and terms of members.
(a) The library advisory board shall be composed of five members who shall
hold designated places 1 through 5.
(b) The nomination and appointment of the persons who shall hold office in
places 1 through 5 shall be in accordance with section 10-3 of this chapter.
Sec. 10-213. -Vacancies; unexpired terms.
Any vacancy occurring in the membership of the library advisory board shall be
filled by appointment and approval by majority vote of the city council present, in
the same manner as provided in section 10-212 for appointment of members for
full terms, for the remainder of the unexpired term of the member whose place
becomes vacant.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 Clean007.docx (09/13/12) Page 12
Sec. 10-214. -Meetings, quorum and votes.
The library advisory board shall hold meetings regularly at least once every other
month at a time and place designated by a majority vote of the members and
coordinated with the city manager. A majority of the members shall constitute a
quorum for the transaction of business. All members shall have a vote.
Sec. 10-215. -Removal of members.
Any member of the library advisory board may be removed by a majority vote of
the city council present at any time without cause. The council shall thereupon
proceed to fill the vacancy thereby created in the manner provided in section
10-213.
Sec. 10-216. -Powers and duties.
The powers and duties of the library advisory board are as follows:
(1) To advise the city council on all matters pertaining to the library
(2) To make recommendations to the city council regarding the annual
budget of the library, and the expenditure of funds from the library fund and
other donations dedicated to supporting, operating, maintaining, improving,
and expanding the library.
(3) To assist in the development of the city's five-year capital
improvements plan regarding any matters related to the library.
(4) To promote community appearance and to stimulate public interest
therein, and to solicit to the fullest extent possible from all civic groups, other
public agencies and private organizations their cooperation, support and
assistance in the improvement of library facilities.
(5) To recommend to the city council general rules and regulations
governing the use of the library.
(6) When requested by the city council, investigate, initiate, plan and
complete projects on the operation, development and improvements of
library facilities, and coordinate atl projects for the improvement of the
library.
(7) Carry out such other tasks as the city council may designate.
Secs. 10-217-10-240. -Reserved.
C:\UsersUcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 C1ean00'7.docx (09/13/12) Page 13
ARTICLE VIII. -PARKS AND BEAUTIFICATION ADVISORY BOARD
Sec. 10-241. -Creation; qualifications of members.
There is hereby created the city parks and beautification advisory board. Members
of the parks and beautification advisory board shall be registered voters within the
city.
Sec. 10-242. -Composition, appointments and terms of members.
(a) The parks and beautification advisory board shall be composed of five
members who shall hold designated places 1 through 5.
(b) The nomination and appointment of the persons who shall hold office in
places 1 through 5 shall be in accordance with section 10-3 of this chapter.
Sec. 10-243. -Vacancies; unexpired terms.
Any vacancy occurring in the membership of the parks and beautification advisory
board shall be filled by appointment and approval by majority vote of the city
council present, in the same manner as provided in section 10-242 for
appointment of members for full terms, for the remainder of the unexpired term of
the member whose place becomes vacant.
Sec. 10-244. -Meetings, quorum and votes.
The parks and beautification advisory board shall hold meetings regularly at least
once each month at a time and place designated by a majority vote of the
members and coordinated with the city manager. A majority of the members shall
constitute a quorum for the transaction of business. All members shall have a vote.
Sec. 10-245. -Removal of members.
Any member of the parks and beautification advisory board may be removed by a
majority vote of the city council present at any time without cause. The council shall
thereupon proceed to fill the vacancy thereby created in the manner provided in
section 10-243.
Sec. 10-246. -Powers and duties.
The powers and duties of the parks and beautification advisory board are as
follows:
(1) To advise the city council on all matters pertaining to the parks and
beautification of the city.
C:\Users\Icantu\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 Clean007.docx (09/13/12) Page 14
(2) To act in an advisory capacity and recommend plans to the city
,,~,,,, council on the operation, layout, planning and development of parks,
outdoor recreation facilities and beautification of city-owned property.
(3) To provide guidance and assistance in the form of recommendations
by providing a yearly budget to the city council for the expenditure of funds
out of the parks and beautification fund from dedicated donations for
projects which support the beautification and general appearance of
city-owned property and for improvements to the parks.
(4) To assist in the development of the city's five-year capital
improvements plan including future acquisition of potential park and open
space lands.
(5) To promote community appearance and to stimulate public interest
therein, and to solicit to the fullest extent possible from all civic groups, other
public agencies and private organizations their cooperation, support and
assistance in the improvement of park facilities and general appearance of
city owned property.
(6) To recommend to the city council general rules and regulations
governing the use of parks, open spaces and other outdoor recreational
facilities.
(7) To recommend to the city council in an advisory capacity
beautification and outdoor recreational programs for the citizens of the city.
(8) When requested by the city council, investigate, initiate, plan and
complete projects on the operation, layout, planning, development and
improvements of parks and outdoor recreational facilities, and coordinate
all landscape and beautification projects for the highway medians, streets,
city complex, parks and other city-owned property for an aesthetic and
unified appearance.
(9) Carry out such other tasks as the city council may designate.
Secs. 10-247-10-270. -Reserved.
ARTICLE IX. -PLANNING AND ZONING COMMISSION
Sec. 10-271. -Creation; qualifications of members.
There is created in Charter § 14.01 the city planning and zoning commission. In
addition to the requirements in Charter § 14.01, the members of the planning and
zoning commission shall be registered voters within the city.
C:\Users\Icantu\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 C1ean007.docx (09/13/12) Page 15
Sec. 10-272. -Composition, appointments and terms of members.
The planning and zoning commission membership shall be as provided in Charter
§ 14.01. The city council may appoint two alternate members of the planning and
zoning commission who shall serve in the absence of one or more regular
members. To the extent practicable, alternates shall take turns when regular
members are absent. Appointment of planning and zoning commission members
should be accomplished by the city council to coincide with election of city council
members in places 1 through 5. Any member of the city council may nominate
applicants for alternate members and each nomination shall be subject to approval
by a majority vote of the city council present. Alternate members shall serve
terms coinciding to that of the mayor, in accordance with Section 10-3 of this
Chapter. When the city council members take office and appointments are made in
the month of September, the seating of new members of the planning and zoning
commission should occur during the first regular meeting following that
appointment.
Sec. 10-273. -Vacancies; unexpired terms.
Any vacancy occurring in the membership of the planning and zoning commission
shall be filled by appointment and approval by majority vote of the city council
present, in the same manner as provided in section 10-272 for appointment of
members for full terms, for the remainder of the unexpired term of the member
whose place becomes vacant.
Sec. 10-274. -Staff representative.
In addition to Sec. 10-4 of this chapter, a staff representative shall be made
available by the city to record the minutes of all planning and zoning commission
meetings and workshops, and additional staff members shall be made available to
assist the planning and zoning commission as requested by its chairman.
Sec. 10-275. -Meetings, quorum and votes.
The planning and zoning commission shall hold meetings regularly at least once
each month at a time and place designated by a majority vote of the members and
coordinated with the city manager, unless the City staff determines in consultation
with the Chair that a meeting is not necessary due to a lack of items presented to
the commission for consideration. Additional meetings may be called with
consultation of city staff and the chairman. A majority of the members shall
constitute a quorum for the transaction of business. All regular members shall have
a vote. An alternate may vote only when serving in the place of an absent
member.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 C1ean007.docx (09/13/12) Page 16
Sec. 10-276. -Minutes and attendance reports submitted to the council.
In addition to Sec. 10-11 of this chapter, the secretary (staff representative) shall
keep minutes of all official meetings of the planning and zoning commission where
there are plats and zoning requests. Meetings of the planning and zoning
commission with no plats or zoning requests are to be taped and written minutes
shall be submitted by the elected secretary of the commission for those meetings.
City staff is only required to attend those planning and zoning commission
meetings where official action is taking place.
Sec. 10-277. -Powers and duties.
The powers and duties of the planning and zoning commission shall be as follows:
(1) To advise the city council on all matters pertaining to the planning
and zoning of the city.
(2) Formulate and recommend to the city council for its adoption a
master plan for the orderly growth and development of the city and its
environs and from time-to-time recommend such changes in the plan as it
finds will facilitate the movement of people and goods, and the health,
recreation, safety, and general welfare of the citizens of the city.
(3) Formulate a zoning plan as may be deemed best to carry out the
goals of the master plan; hold public hearings and make recommendations
to the city council relating to the creation, amendment, and implementation
of zoning regulations and districts as provided in V.T.C.A., Local
Government Code § 211.001 et seq., authorizing cities and incorporated
villages to pass regulations; all powers granted under such code are
specifically adopted and made a part hereof.
(4) Recommend to the city council approval or disapproval of proposed
changes in the zoning plan as provided in the Charter § 14.02(2).
(5) Recommend to the city council approval or disapproval of plans,
plats or replats as provided in the Charter § 14.02. The final approval or
disapproval of plans, plats or replats shall be made by the city council.
Exercise all other powers of a planning and zoning commission as to
approval or disapproval of plans, plats or replats as set out in V.T.C.A.,
Local Government Code § 211.001 et seq.
(6) Study and recommend on the location, extension and planning of
public rights-of-way, parks or other public places, and on the vacating or
closing of such public rights-of-way, parks or other public places.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter ] 0 C1ean007.docx (09/13/12) Page 17
(7) Study and recommend on the general design and location of public
~,,,, buildings, bridges, viaducts, street fixtures and other structures and
appurtenances. Study and recommend on the design or alteration and on
the location or relocation of works of art which are, or may become, the
property of the city.
(8) Initiate, in the name of the city, for consideration at public hearing all
proposals:
a. For the opening, vacating or closing of public rights-of-way,
parks or other public places; or
b. For the change of zoning district boundaries on an area-wide
basis. No fee shall be required for the filing of any such proposal in
the name of the city.
(9) Formulate and recommend to the city council for its adoption policies
and regulations consistent with the adopted master plan governing the
location and/or operation of utilities, public facilities and services owned or
under the control of the city.
(10) Recommend to the city council approval or disapproval of specific
use requests.
(11) Carry out such other tasks as the city council may designate.
Secs. 10-278-10-300. -Reserved.
ARTICLE X. -PUBLIC TRANSPORTATION ADVISORY BOARD
Sec. 10-301. -Creation and qualification of members.
There is hereby created the city public transportation advisory board. Members of
the public transportation board shall be registered voters of the city.
Sec. 10-302. -Composition; appointments and terms of members.
(a) The public transportation advisory board shall be composed of five
members who shall hold designated places 1 through 5.
(b) The nomination and appointment of the persons who shall hold office in
places 1 through 5 shall be in accordance with section 10-3 of this chapter.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 C1ean007.docx (09/13/12) Page 18
Sec. 10-303. -Vacancies; unexpired terms.
Any vacancy occurring in the membership of the public transportation advisory
board shall be filled by appointment and approval by majority vote of the city
council present, in the same manner as provided in section 10-302 for
appointment of members for full terms, for the remainder of the unexpired term of
the member whose place becomes vacant.
Sec. 10-304. -Meetings, quorum and votes.
The public transportation board shall hold meetings regularly at least once each
quarter at a time and place designated by a majority vote of the members and
coordinated with the city manager. A majority of the members shall constitute a
quorum for the transaction of business. All members shall have a vote.
Sec. 10-305. -Removal of members.
Any member of the public transportation advisory board may be removed by a
majority vote of the city council present at any time without cause. The council shall
thereupon proceed to fill the vacancy thereby created in the manner provided in
section 10-303.
Sec. 10-306. -Powers and duties.
The powers and duties of the public transportation advisory board shall be as
follows:
(1) To advise the city council on all matters pertaining to the public
transportation of the city.
(2) To actin an advisory capacity to city council on the operation, layout,
planning and development of public transportation services in the city.
(3) To serve as coordinating board for the city's membership in the Fort
Worth Transportation Authority, including coordination of "T" membership
and service plan development and implementation. Such shall include
development of bus routes, mobility impaired transportation service plans,
and Airporter and Railtran services.
(4) To assist in the development of the city's five-year capital
improvement plan.
(5) To promote public transportation and stimulate public interest therein
in order to build support, cooperation and assistance in the usage and
support for public transportation in the city.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 Clean007.docx (09/13/12) Page 19
(6) To recommend to the city council general rules and regulations
~„ governing transportation facilities and monies returned to the city as a result
of the levy of the additional one-half cent sales tax.
(7) When requested by city council to investigate the transportation
needs of the city.
(8) To meet on a semi-annual basis in order to evaluate the
transportation services provided by the Fort Worth Transportation Authority
and made recommendations to city council related thereto.
(9) To hold periodic meetings, minimum of semi-annually, to receive
citizen input regarding transportation services in Richland Hills, including
the receipt of citizen complaints regarding services.
(10) Carry out such other tasks as the city council may designate
Secs. 10-307-10-330. -Reserved.
ARTICLE XI. -TEEN COURT ADVISORY BOARD
Sec. 10-331. -Creation; qualifications of members.
There is hereby created the city teen court advisory board. Members of the teen
court advisory board shall be registered voters within the city.
Sec. 10-332. -Composition, appointments and terms of members.
(a) The teen court advisory board shall be composed of five members who
shall hold designated places 1 through 5.
(b) The nomination and appointment of the persons who shall hold office in
places 1 through 5 shall be in accordance with section 10-3 of this chapter.
(c) Due to the sensitive nature of the information provided to the board and of
the matters considered by the teen court advisory board, applicants for
membership shall be subject to background checks prior to their appointment.
Sec. 10-333. -Vacancies; unexpired terms.
Any vacancy occurring in the membership of the teen court advisory board shall be
filled by appointment and approval by majority vote of the city council present, in
the same manner as provided in section 10-332 for appointment of members for
full terms, for the remainder of the unexpired term of the member whose place
becomes vacant.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 C1ean007.docx (09/13/12) Page 20
Sec. 10-334. -Meetings, quorum and vote.
The teen court advisory board shall hold meetings regularly at least every quarter
on the fourth Monday of the months of June, September, December and March at
a time and place designated by a majority vote of the members and coordinated
with the city manager. A majority of the members shall constitute a quorum for the
transaction of business. All members shall have a vote.
Sec. 10-335. -Removal of members.
Any member of the teen court advisory board may be removed by a majority vote
of the city council present at any time without cause. The council shall thereupon
proceed to fill the vacancy thereby created in the manner provided in section
10-333.
Sec. 10-336. -Powers and duties.
The powers and duties of the teen court advisory board are as follows:
(1) To advise the city council on all matters pertaining to the teen court of
the city.
(2) To recommend to city council for approval the practices and
procedures of the teen court which are initially drawn and promulgated by
``"'~ the municipal court judge. After such practices and procedures have been
approved by the teen court advisory board and city council, the municipal
judge shall enter its order officially adopting such practices and procedures
as the "Rules of the Teen Court of Richland Hills."
(3) To review the activities of the court on a periodic basis in order to
report such activities to the city council.
(4) Carry out such other tasks as the city council may designate.
Secs. 10-337-10-350. -Reserved.
ARTICLE XII. -RESERVED
Secs. 10-351-10-380. -Reserved.
ARTICLE XIII. -RESERVED
Secs. 10-381-10-410. -Reserved.
C:\Users\Icantu\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter ] 0 C1ean007.docx (0913/12) Page 21
ARTICLE XIV. -BUILDING BOARD OF APPEALS
Sec. 10-411. -Creation, qualifications, composition and appointment of
members.
There is hereby created a building board of appeals. The building board of appeals
shall be composed of the sitting members of the city council who shall hold
numbered places 1 through 5, and the mayor.
Sec. 10-412. -Officers.
The mayor shall serve as chair of the building board of appeals and the mayor pro
tem shall serve as vice-chair.
Sec. 10-413. -Meetings, rules of procedure, quorum and voting.
(a) Meetings. The building board of appeals shall meet at such times as
determined advisable by the building board of appeals.
(b) Rules of procedure.
(1) Any party adversely affected by a decision of the chief building
official or the chief building official's designee with regard to interpretation or
,~ application of a building code adopted by the city may appeal such decision
to the building board of appeals by filing written notice of such appeal to
both the chief building official and the city secretary within ten business
days of notice of such adverse decision. The notice of appeal must state the
appellant's desire to appeal, the ruling from which the appellant desires to
appeal and the relief or ruling sought. The building board of appeals, by the
affirmative vote of a majority of the members then present and voting, may
reverse or modify the decision of the chief building official or the chief
building official's designee. If a majority does not vote to reverse or modify
the decision being appealed, it will be deemed affirmed. The decision of the
building board of appeals concerning an appeal under this article shall be
final. The decision being appealed shall be suspended pending such
appeal, unless the chief building official or the chief building official's
designee determines that such suspension endangers the public health and
safety, in which case the filing of a notice of appeal shall not act to suspend
the decision of the chief building official or the chief building official's
designee.
(2) Any appeal shall be governed by the following rules and procedures:
a. Such appeal shall be set as an item on the agenda of the next
meeting of the building board of appeals.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 C1ean007.docx (09/13/12) Page 22
b. The appellant shall bear the burden of persuasion that the
~,,,. ruling being appealed is in error and shall bear the burden of proof on
such matter.
c. No formal testimony or swearing of witnesses shall be
required, and the building board of appeals may consider facts or
evidence as it determines is appropriate. The chief building official or
the chief building official's designee shall present the facts and
evidence relied upon by the chief building official or the chief building
official's designee and the reasons for the ruling; the appellant shall
then have an opportunity to present the facts and evidence relied
upon by the appellant; the building board of appeals shall then
consider any facts or evidence from the public or other interested
persons. The building board of appeals may ask questions of the
chief building official or the chief building official's designee, the
appellant, and any other interested persons as the city council
determines is appropriate. The building board of appeals may limit
the time for any presentation in its sole discretion.
(3) Upon the conclusion of the hearing, the building board of appeals
shall then render its decision. A majority of the members present and voting
shall be required in order to reverse or modify the decision being appealed.
(4) Written documents or evidence which any party wishes to submit
must be filed with the chief building official and to the city secretary no less
than three business days prior to the appeal hearing.
(5) Meetings shall be posted and open to the public.
(c) Quorum. Three members, regular or alternate, shall constitute a quorum for
the transaction of business.
(d) Voting. All regular members shall be entitled to vote except for the mayor
who shall only vote in the event of a tie. In the event that a regular member is
absent, an alternate member shall be entitled to vote.
Sec. 10-414. -Minutes and attendance reports submitted to the council.
The chief building official or chief building official's designee shall keep minutes of
all proceedings of the building board of appeals and shall submit such minutes,
following approval by the building board of appeals, to the city secretary. Such
minutes shall become a part of the city council's official records.
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter ]0 Clean007.docx (o9/t 3/12) Page 23
Sec. 10-415. -Powers of the building board of appeals.
The powers, duties and responsibilities of the building board of appeals shall be to
hear, consider and determine appeals from all building codes adopted by the city,
including but not limited to the following:
(1) The Uniform Building Code as adopted and amended by the City of
Richland Hills;
(2) The Uniform Code of Abatement of Dangerous Buildings as adopted
and amended by the City of Richland Hills;
(3) The International Electrical Code as adopted and amended by the
City of Richland Hills;
(4) The International Existing Residential Code as adopted and
amended by the City of Richland Hills;
(5) The International Fire Code as adopted and amended by the City of
Richland Hills;
(6) The International Mechanical Code as adopted and amended by the
City of Richland Hills;
(7) The International Plumbing Code as adopted and amended by the
City of Richland Hills; and
(8) The International Residential Code as adopted and amended by the
City of Richland Hills.
Secs. 10-416-10-430. -Reserved."
SECTION 2.
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 3.
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
C:\Users\IcantuWppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\VMPOVB36\Chapter 10 Clean007.docx (09/13/12) Page 24
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 4.
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 11th DAY OF September, 2012.
THE HONORABL B LAGAN, MAYOR
ATTEST:
INDA CANTU, CITY SECRETARY
EFFECTIVE DATE: - 1`- X01 ~
,,~`~,~~,.~Na y~l,,,
'o~ 'i ~ ~ ~
'~ f ~~~
=v ~ ~~
H:\ORDINANCES\1234-12 Board, Committee, Commissions.docx (09/13/12) Page 25
APPROVED AS TO FORM AND LEGALITY: